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HomeMy WebLinkAbout1000-9.-8-2--- - - - - ---- I p LOT 1 / \\ b4 N 0, NYSDEC JURISDICTIONAL BOUNDARY ° I IIII IIII N/F I „IIII Jb! L4 11( w s AS DETERMINED BY NYSDEC 6/18/01 I ill hill II / UNION FREE I I O llllllll�i I U Y ryq LAG SCRgW ioois v. IIIIIIII II / a+n(�iwa I \ n." , Vi (1,'.�L P4 c o 66' IIIIIIII � IN CONCpIETE SCHOOL DISTRICT •'•��,',� U N+.... II OF ICE I,A�1 CrV/,I R hIGP I � U � r APPROX. COASTAL EROSION HAZARD LINE p II (VACANT LAND) pre�=` `,,.,�•�^ I�I�n 11 \` I Ill'I(a(,� �L .d a D• PER COASTAL EROSION HAZARD AREA MAP I \ `"'•"""' nIIII \ �p °r'tf1 Pr, P C a TOWN OF SOUTHOLD; SUFFOLK COUNTY ° IIIIIII II ( \ liu 11 4V - I ^.� ^,a; iad py NEW YORK; PHOTO NO. 41-1185-83 1 \ CHILSEO CROSS RJB SHEET 49-FI OF 49; 8/29/86 IIII II III I \ \\S>�p. 1 3�IN ROCK � ° �IIIII III �• � � 63•Po 6'-0• , ri r _ -- - � f'� ' rlh�.,jfrv' � � � m IIIIIIII 1\�\�\ \ _\ I 1 0��8❑q I %rr� i // ✓�\�J /% \ li�p F �a PPPn❑❑❑iiiy, � T f \ � \ U w p I I \ . \ \ \I�g/ \�S ( I ❑ O 66B❑ N •m I�1\\ /r/'�l // % J \\` / i 11 an �T a �❑�❑❑�ED n BRA �� �g❑❑{ Tn V\\11\\tl"�11II1I11 II/I iI )�/rl 1-�i �i.Aas'9iY�IIIw` r I�I/rIL i 1 1i +;5 'p° Is U ZROCKY BEAC MARK5R €o ai 3 1 t1 y 41- 3 1 III I I�S4-nerr.�iru.- � III 111 \ �J p IIIA I � ,.'O \`\\ �.--�-�� s-B• ' MIN. LEACHING NOT m Sr HIGH SEASONAL o UN MER GROUNDWATER P6HERS ISLAND 900X0 PAD I V:� ��•� \ \ ,�„' •- H' 04 SFORI iV. ... \\\��\�;�✓ � " \\i :, a iMILAYAY W p fY�EJ' STAKES 1\I I w,1�l.�l1\v `r`✓u y IryL°'"1t5 FABRIC FAB" ' PSTRFILTECHLTER I \ \`��` r• -// , TFF\ roDOWLOCATION MAP SCALE 1 "=400' �_ MAP REJ'ERENGEc ISSDEC�URISDICTIONAL BOUNDARY g ry I r I ' ANGLE la' UP SLOPE 1\7_ �L�`�V , \ • •`"� 111 111 �� I AS Wfi,NMINED BY NVY D 6118/01 I I I r I r FOR Svslun ANo �L� E t \ I^ \\\ r ', ) 4' SEIF CLEANING O 1. SITE PLAN PREPARED FOR CAROLYN J. DOHERTY; RESERVOIR �LOT#) PERC T.H�\i'� I NOT TO SO"t£ ✓� \ \ `\ ROAD; FISHERS ISLAND, NEW YORK; DATE: MARCH 23, 2001; SCALE: Ni � 2' ¢ I I : ;, •7 '`� 2 K,f 1"=40'; SHEET 1 OF 1; CHANDLER, PALMER & KING; NORWICH, CT. ° .r..c T w amu.,x.•000,+E FhF,LLC I 1 I A R-80ZON4_ 1 I EXISTING WATER MAIN \ NOIES IARF R/ \� 1 I r 1 CONCRETE \ SMVER EEL COVE W.V.p 102,8601 SQ.F ° I I1 I I I I I I Ir• 2.3.Kt ACREB� i I I I OBSERVATION ,,,;'„� ^• s� % 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE l\ g TOWER ` INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE O- - alandtvalydof V ,,,,,,,�,,,� ,_� PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR Y ° IIIIIIII I I Ir._�l�I Coas�l-firostion Hazard Linc I I I I \\ ~ \ .. K • ` EXCEEDS THE SCOPE OF THE ENGAGEMENT, ZZ O 53,950 sq. ft. 1s I \ "`° +• ..�� "a.°°�, a + g p1iIIIII 11 IJ�r!\-� VELOPMElA1T PROPOSED \\ \ \ \ i '�' 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY a' LL (� Q 3 I �' ✓/ ` /� 1 PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ZO p J w LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 2 J Z I `I, VVV Q CHRISTOPHER L. 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND o UJ o Z N . SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL j a LL FISHERS ISLAND SOUND I \`�✓ \N �\ A �� RAFFERTY / KEY MAP SCALE 1 =1 O ARE THE PRODUCT OF THE LAND SURVEYOR. N a H w n Z TEST HOLE DATA 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S, COAST AND w WITNESSED BY: RICHARD H. STROUSE P.E., ILS. GEODETIC SURVEY TRIANGULATION STATION "PROS" _ N/F frj AQ T.H. 01 4/02/01 5.) SITE 15 IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX JEANNE A. MAY eek O 0"- 6" TOPSOIL MAP 1000, SECTION 009, BLOCK 8, LOT 2. '4 6"-24" SANDY SUBSOIL- SM SINGLE FAMILY RESIDENCE ?9• �' Q 24"-10' COARSE SAND/GRAVEL WATER 0 7"- SP 6. TOTAL AREA = 3.301 ACRES. MUNICIPAL WATER O �\ ON SITE SEPTIC h H8' T,H, 42 5/31/01 ) i >' •,' IT'- 1 " SANDY SUBSOIL- SM 7.) SITE IS LOCATED IN R40&R-EO ZONE. LL \Y '. \ 10) IRON SAND- j I II APAPLjEOWET X. �LIgIAITS OF vo 9 \] N E / PIPE '.^ 56"-13' SANDY TILL- SM A)BUILDABLETAREA COVERAGE 40DPOQED�FOR 2� INR-40 DING?PORCH I FLAGGED BY Ll56" D PO�OIi 1 \� \' / / '` ,� WATER m 96• & ERIF�711ED BY G. JUST I C, 11 i I h MORE COMPACT TILL 0 96.3 STEPS = 1769 SQ. FT.). EXISTING BUILDING (TO BE REMOVED) _ I ` ; J.t�.O, COf�4�OL2TINQ IES' `' S� / i Z / 1125 SQ. FT. EXISTING % OF LOT COVERAGE = 47.. II dd dd T.H. #3 8/04/06 1 I / � 4� `, `�� / DETAIL ADDITIONAL DATA FROM BORING BY GLACIER DRILLING 9,) OWNER; FITF, LLC 81 1 1\� \� o�1Y / */ �, •• °••13.9•bmf /� T H O)$ \ / / (NOT TO SCALE) 0"- 24" SANDY FILL C/O PATRICIA C. MOORE, ESQ. 24°-34" TOPSOIL 51020 MAIN ROAD o k COBBLE LLL(///��'1 I \ / Town of Southold 34"-66" SANDY SUBSOIL- SM SOUTHOLD, N.Y. 11971 V1 o BEACH % I r O jO,� / CovenanIS&Restrictions 66'- 9' SANDY TILL W/ BOULDERS- SM 631 -765-4330 Z z z o O N F =_PAGE 9'-20' BROWN MEDIUM-FINE SAND, 10.) PER TOWN OF SOUTHOLD ZONING REGULATION 280-104-A 0 9 0 < / LEER LNTLE COARSE SAND AND FINE GRAVEL- SIP D d w r. + MARTHA P. LITCH WATER AT 14.T - o & r,ls „n°, Mss FRONT YARD IS SHOWN AS AVERAGE OF EXISTING BUILDINGS WITHIN a w w m l / \ S� 300' = 38' u! w o a x x o / I \ \\ �• �\ \ yARFA,i.17y`iP S• Unified Saris Classification (USC) System (from ASTM D-2487) - E E E ✓ G ' 1e ' Major Divisions: Coarse-Grained Soils, Sand and Sandy Soils, a E ' I;'Ij+;�'`„aL, rytp( r\� a ith Flnea (SM), Clean Sand (little or no tines) (SP) I HERBY CERTIFY THAT THE WATER SUPPLY AND SEWAGE DISPOSAL a L )4i4• / APPROVED BYGr°OP S mU1 SM, SIIty Sands, sand- Silt Mixtures, SP- SYSTEM FOR THIS PROJE WAS DESIGNED BY ME OR UNDER MY \ a s ! v� POLE Poorly Gaded Sanda, Gravelly Sande, little olr no tines. DIRECTION. BASED PO A CAREFUL AND THOROUGH STUDY OF THE OSS 1 7 #308 \ / PLANNING BOARD NRCS' D DA Sail Classification- CaB a N N n n SOIL, SITE AND OU WATER CONDITIONS, THE LOT, AS PROPOSED, , aF \, qy ar "fl\. �/ 4 h c �� 1, .,� / SEPTIC SYSTEM DESIGN COMFORMS E FFOLK COUNTY DEPARTMENT OF HEALTH e >P�� /o s�F�- /r`' �'� 'Fi y '� TOWN OF SOUTHOLD SERV -R ION STANDARDS IN EFFECT AS OF THIS' ATE /,, �,� ELEV, 13- LIMITS 1� '• FdFpOF r1R 'pOp TO o 0 0 0 // N M < ' ( ', - H �� Cin r - OF FLOOD ZONE VE EL 13 PA m IFADI•rls� PIPE •� N/F SEP 10 2007 3 OR 4 BEORROM RESIDENCE i I4a / PER FIRM PANEL 19 �\ • h 4' WILLIAM H. WOOD, JR. DATE RIC ARD . S USE, P.E. 59363 L.S. 49521 ATEZ i7 w y , CHAIN LINK\ S. PROVIDE: 1=11 „3 ry ' ss V� • ” FENCE S9 4Q 1000 GALLON SEPTIC TANK STONE SLOPE . a \ 20'2,2d: 3• �0 1 DISTRIBUTION BOX m K' \ m .F �� �7• +P SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES < a N Q00, An `YQ ` 2 - LEACHING POOLS (SEE DETAIL) HAUPPAUGE. N.Y. I- SV \ LIMITS OF TIDAL WETLANDS AS INDICATED o \ \ voi 9.9 ROOF ORAINAG VA Q11 ATIONc Q - r ' "E��• BY C. HAMILTON, \ c� LOT 3.4 DATE: .1 }� '-�, ,— 0 m / 1750 S.F. X 1.0 X 2/12 = 292 CU. FT. NYSDEC DEC. 13, 2006 IN6TALL AND NNNFAIN N/F No 0 SILVER EEL COVE �\ JANE HARVEY & > 292/50.27 = 5.6 - 6 V.F. ------ o r o Dt"DMll"O NSFINOONCH ARLES CURTIS EXISTING J / USE 1 - 8'e X 6 FT. DRYWELL THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR O7 a N LOT 2 O S / DEVELOPMENT FOR FITF. LLC_______- IN THE DILAPIDATED 1.5 STY. .0. D 2_ LOTS WAS APPROVED DOCK NIF IRON PAPE SINGLE FAMILY RESIDENCE HOUSE �• `ts'�/\ TOWN OF SOUTHOLD WITH A TOTAL OF _ 0 F p o SEPTIC SYSTEM h A 1J �;t$ \ / ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL .� U z w z o I FITF, LLC MUNICIPAL WATER '9 FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT X 2 3 E AI2EAINIvIII7ANE k \ / ✓ N/F — N/F NOW OR FORMERLY a m o o v S AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE K O w QUALITY CONTROL CERTIFICATION 40,670±SQ. FT. \� S.F. SQUARE FEET PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL _ WILLIAM WOOD BE VAUD ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP IS DATE: 08/16/2006 GROUP REVIEWED AT 0.933 ACRES �� — 20 — — EXISTING CONTOURS DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH PHadecr MANAGER ? Arrosiea landwardHzard coastal X FENCE THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK SCALE: 1 ° = 40' PROVIDsuRVLv ,'e•7 •s > Erosion Hazard Lille& IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND ENVIRONMENTAL (MEASURED 2D N EXISTING \ JANET H. HARVEY & THE SUFFOLK COUNTY SANITARY CODE. cmL 7 Approx. Wetlmds Line (MEASURED FROM E705RNC FNYIBN.ES) t.5 m. \ 40 20 0 40 ON-TURF BUFFER PLANTED R. DIXON H. HOUSE / 'I� VITO MIND, P.E. BTHNGTBRPL =28,4001 sq. ft. RM��BAA� HARVEY, JR. / /!4 \ GRAPHIC SCALE IN FEET � ` i------- 1OF SHEET1 AncertccruRAL \ FILE 34693 DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o��OF $�(/jyol Southold, NY 11971 Chair h Q l� OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND liyCOU'M'N Southold,NY I11, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2007 Patricia C. Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Proposed Standard Subdivision of FITF, LLC Located on the w/s/o Reservoir Road, approximately 365' n/o Winthrop Drive, on Fishers Island SCTM#1000-9-8-2 Zoning Districts: R-80 and R-40 Dear Ms. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 10, 2007: WHEREAS, the proposed action involves subdividing a 3.30-acre, split-zoned parcel (SCTM# 1000-9-8-2) into two lots where Lot 2.1, located in the R-80 Zoning District, equals 2.48 acres and is proposed to be purchased by the Town of Southold for open space purposes; and Lot 2.2 is zoned R-40 and equals .82 acres; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted a Negative Declaration for this project pursuant to SEQRA; and WHEREAS, on March 12, 2007, the Southold Town Planning Board granted conditional final approval upon the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 16, 2006 and last revised on September 25, 2006; and WHEREAS, on September 10, 2007, the applicant submitted copies of the Declaration of Covenants and Restrictions that were filed in the Office of the County Clerk on.....; and WHEREAS, on September 10, 2007, the applicant submitted five (5) mylars and eight (8) paper prints of the final map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 16, 2006 and last revised on September 25, 2006; therefore, be it • FITF, LLC Pape Two September 11, 2007 RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; and be it further RESOLVED, that the Southold Town Planning Board hereby grant final plat approval upon the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 16, 2006 and last revised on September 25, 2006, and authorize the Chairperson to endorse the maps, subject to the following: 1. In the event that the sale of the open space parcel to the Town of Southold is not completed pursuant to the approved subdivision map, this approval shall be rendered null and void. 2. The Town of Southold Building Department shall not issue building permits for Lot 2 on the approved subdivision map until the sale of the open space parcel is completed pursuant to the approved subdivision map and copies of all legal instruments relating to the preservation of this land is submitted to the Planning Board office. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, C�Jerilyn B. Woodhouse Chairperson Enc. cc: Melissa Spiro, Land Preservation Coordinator Kieran Corcoran, Assistant Town Attorney -oUi cp,1►6-DETrf.//q 5S E55Ce5 e 11111111 1111 VIII VIII VIII VIII VIII VIII ILII 1111 1111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 09/07/2007 Number of Pages: 6 At: 02 :08 :22 PM Receipt Number : 07-0083770 LIBER: D00012521 PAGE: 393 District: Section: Block: Lot: 1000 009 .00 08 . 00 002 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 . 00 NO Handling $5.00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $0 .00 NO Notation $0 .00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTM $0 .00 NO Fees Paid $78.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1 • Number of pages RECORDED 2007 Sep 07 02:08:22 PM This document will be public Judith H. Pascale record. Please remove all CLERK OF SUFFOLK COUNTY Social Security Numbers L DO0012521 prior to recording. P 39 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 5. 00 2. Additional Tax _ TP-584 Sub Total Notation Spec./Assit. or EA 52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town _ Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affida ' . Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES orNO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 Distad 1000 00900 0900^002000 006 5 Community Preservation Fund Real Propert, F2 T P PFr4P A Consideration Amount $ Tax Service Agency 07SEP-07 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD PATRICIA C. MOORE ESQ. 51020 MAIN ROAD TO SOUTHOLD NY 11971 TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS & RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) F.I.T.F.. LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD SOUTHOLD TOWN In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 73—ver IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101h and on or before May 31,1. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, ..r. r /K...e�.�._. Judith A. Pascale Suffolk County Clerk dw 2/99 SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by FITF LLC, a Maryland Limited Liability Company, doing business at 10055 Red Run Blvd. , Suite 130, Owings Mills, Maryland, 21117 , 6t' day of September, 2007, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a subdivision on 3 . 30 acre, split zoned parcel into two lots where lot 1 is located in the R-80 zoning district, equals 2 . 48 acres and is proposed to be purchased by the Town of Southold for open space purposes, and lot 2 is zoned r-40 and equals . 82 acres . The lot sizes were approved by Zoning Board of Appeals on December 14 , 2006 (ZB File No. 5617) . 2 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows : a. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. b. No changes to any of the lots lines without Planning Board approval. C . The proposed residence structure on lot 2 may be located at the owner' s discretion. The owner shall seek such variances and other regulatory permits, as may be needed, either simultaneously with the subdivision application or at a later date, which authorize the placement of a two story single-family dwelling on the property. 0 d. The height of the two story dwelling shall be limited to 28 feet to the peek. e. The size of the residence shall be limited to the following: the footprint of the first floor shall not exceed 1, 296 square feet; prior to construction of said residential structure, the existing 1, 296 square foot commercial structure will be demolished unless used as part of the single-family dwelling; the owner may construct an open covered porch to the 1, 296 square foot first floor, however the porch shall not exceed 10 feet by thirty-five feet; the square footage of the second floor shall be reduced by the square footage applied to the covered porch. f . The existing dock may be reconstructed and altered in accordance with regulatory permits . The said dock is limited to four (4) private residential slips . The dock shall not be used for commercial purposes . g. No detached accessory structures are permitted on Lot 2 , except as may be attached and part of the total permissible square footage of 1, 296 square feet . h. All storm-water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. I . Lot 2 is presently cleared and was at one time used as a commercial site. To the extent applicable, "clearing limits" pursuant to Town Code Section 240- 49 ( C) states "Existing native and/or nonnative vegetation shall be preserved subject to the following limits of clearing" : The limit of clearing is 50%- on 40, 670 square foot parcel therefore 20, 335 sf of the vegetation shall be preserved. 0 j . No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands and/or Fishers Island Sound in any manner k. All driveways shall be constructed of pervious materials . 1 . All structures with impervious materials shall control and retain surface water through the use of gutters, leaders and subsurface dry-wells . M. Landscaping of lot 2 shall consist of native, disease-resistant and drought-tolerant plants . n. The residential application of synthetic fertilizers and pesticides is prohibited on lot 2 as shown on the approved map. 3 . All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 4 . The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 5 . These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold granted by a majority plus one vote of the Planning board, after a public hearing. 1 ► 6 . if any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a adjudged illegal, Court of competent jurisdiction, be unlawful, invalid, or be held to unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. FITFF LLC y� BY: Y`FI�DIrl l R, Dixon Harvey, JX I i I I I ACKNOWLEDGMENT (TO BE USED IN OUTSIDE OF NEW YORK STATE) i STATE OF MARYLAND ) ss.: COUNTY OF Co_n.nO-L ) On the dy of September, 2007, before me, the undersigned, personally appeared DIXON HARVEY,�drsonally kr--n tn me,or moved to me on the basis of satisfactory evidence to be the individual whose nal he executed the same in COUNTY CLERK'S OFFICE or the person upon beha STATE OF NEW YORK SS.: individual made COUNTY OF SUFFOLK w"a P � I,JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court .gnserr rhe city orZ*her polOwl of Record thereof, do hereby certify that I have comparethe nne�xgd with the original Declvation RECORDED in my office on .... -. -d 1, under LIBER./tara I..PAGE ....3 .,.5.... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hergtnto set my and and affixed the seal of said County and Court on this ...7........ day of 12 0245p.n/mkd CLERK .!-f:.................................. Schedule A DESCRIPTION OF PROPERTY DECLARANT: FITF LLC ALL that certain plot.i,iecc x imn:el of land,with the buildings and improvemenix thereon crocad,situate,lying and hcing4*4h�e- alj. at Fishers Island, in the Town of Southold, county of Suffolk and State of New York, being bounded and described as follows: B3QIHNIN1; at a iron pipe on the westerly aide of Reservoir Road at the northeasterly corner of land now or formerly of Micbael Collyer and sandra eollyer and the Southeasterly corner of the premises herein described; rurning thence along said westerly aide of Reservoir Road the following five: (5) course& and distances: (1) North 59" 131 00" west 1.06 feet; (2) North 470 551 oOd west 96.29 feet; (3) North 350 471 00" West 76.01 feet; (4 ) Ndrth 09° 12' 00° west 125.50 feet; and (5) North 120 io, 0011 East 192..0 feet to a 'brass marker and land now or formerly of rinica Free school District; thence North 630 37' on" West along said land now or formerly of 'Union Free School District 279 feet, more or logo, to the Share of Fishers Island sound; thence in a general southerly direction along the Shore. of Fishcrs Island Sound and later along the shore line of silver Sex Cove as they both wind and turn 930 feet more or lase to land now or formerly of Michael Collyer and Sandra Collyer first mentioned above; thence North 401 171 006 East along said last mentioned land 122 feet more or less to shin westerly side of Reservoir Road and the point or place of BEGINNING. BEING AND INTENDED TO BE parcel Three U premises conveyed tq the party of the first prr;t by deed dated May 9, 1996 and recorded in the Suffolk County Clerkrs Office on September 10, 1996 in Liber L1791 Page 451. ' SUBDMSION STATUS REPgRj CLASSIFICATION: STANDARD-CONSERVATION-CONSERVATION ODA_ PROJECT NAME: SUbdl u1J,ori pF FTJ N ZONEI:_W ZONE' �ZONEl:_ LOCATION: HAMLET: sblSrS IOn PROJECT USE: SCTM# 1000- OWNER NAME: APPLICANT NAME: fUl I C L L TEL#U=_ AGENTNAME: *rn NaM 's TEL#( __ PROJECT DESCRIPTION TTIS R OSED SUBDIVSION IS FOR LOTS ON ��J ACRES,WHE c`p 4; yL O% 5- Q JA1S x '11 /b O L P ,Jell INTHE P_ZONE LOCATED esr• a cad IN PAST ZBA ACTION YES NO DATE PRE-SUBMISSION CONFERENCE WORK-SESSION APPLICATION RECEIVED DATE / / COMPLETE YES_ NO COMPLETE APPLICATION RECEIVED APPLICATION CHECK CASHED WORK-SESSION-ERSAP REVIEW APPLICANT ADVISED OF NECESSARY REVISIONS REVISED SUBMISSION RECEIVED ALL WORKSESSION OPEN DEVELOPMENT AREA PUBLIC HEARING OPEN DEVELOPMENT AREA APPROVALWITHCONDITIONS YESNO_ SKETCH PLAN APPROVAL WITHCONDITIONS YES_ NO PRELIMINARY ROAD AND DRAINAGE PLAN &BOND ESTIMATE SUBMITTED PRELIMINARY HEARING(62 DAYS AFTER COMPLETE SUBMISSION) PRELIMINARY APPROVAL WITH CONDITIONS YES NO BOND INSTRUMENT APPROVED BY TOWN BOARD FARKANDPLAYGROUNDFEE s PAID DRAPT COVENANT AND RESTRICTION RECEIVED FINAL COVENANT AND RESTRICTION RECEIVED FINAL PLAT-ROAD AND DRAINAGE PLAN SUBMITTED FINAL PLAT-PUBLIC HEARING - FINALPLATAPPROVAL FINAL PLAT FILED WITH SUFFOLK COUNTY SUBMITTED COORDINATING AGENCIES LEADAGENCY: TOSPB:_,oT :_p6VlEW;PARTI_,PARTS_PART3 ,_,SNORT[AF_LONOLIF_ ACTION TYPE:COORDINATED:_ UNCOORDINATED:_ REFERREp TO:STTBA_,tta0_,STC?S_,JH_,STBT_�STE_�SCOHS_,NYSDEC_,USACORPS (TYPEi:—TYPE2:_UNLISTED:_) �.NVSOO—WWA :Vp�,SCOPW_ SEQRA DETERMINATION:NEG DEC Y OR N, R✓ BRED T NOTES APPROVAL DATE NOTES HIGHWAY SUPERINTENDENT / —/—/— FIRE COMMISSIONERS: TOWN ENGINEER: / J—/— DEROF TRANSPORTATION:DOT ,DPW , TOS SUFFOLK COUNTY DEPARTMENTOFPLANNING : SUFFOLK COUNTY DEFT OF HEALTH:PERMIT#: OPTIONAL APPROVALS: / ZONING BOARD OF APPEALS:APPEAL#: - BOARD OF TRUSTEES: / / / NYS DEC WETLANDS/NDAL NYSDEC SPEDSSPDES NYSNATURALHERITAGE PROGRAM PLANNING BOARD DECISIONS: DENIED: APPROVL CONDITIONAL FINAL:---/—/— ENDORSEMENT OF PLAT: —/—/ NOTES FIELD INSPECTION FOR COMPLIANCE: DISTRIBUTE APPROVED PLATS TO: BUILDING DEPT TAX ASSESSORS—/—/_ GENERAL NOTES: -- 7/29/06 �gOFfO�,�c MAILING ADDRESS: PLANNING BOARD MEMBERSZ.� �G,y P.O.Box 1179 JERILYN B.WOODHOUSE Co� Southold,NY 11971 Chair N Z 0y OFFICE LOCATION: RICHARD CAGGIANo iv • �'� Town Hall Annex WILLIAM J.CREMERSl �a0 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631 765_ $ Fax.�A31"'7'82;= 138 PLANNING BOARD OFFICE`° TOWN OF SOUTHOLD ® r� � SEP 2 7 2006 j-• j Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of SoutholdPIaI�I 1ix1g-)3oard for SKETCH APPROVAL for the subdivision described herein. .,� 1. Name of Subdivision �-1 T{� LL e 2. Suffolk County Tax Map# /000— a- 3. Type of Subdivision Standard [X] Conservation [ ] 4. Hamletn/ ji 5 he--s ..-�(and 5. Street Address/ KP ?114"gir- c% hcrs —fg h rn Project Location 6. Acreage of Site .3. 3 Ac . 7. Proposed Yield / Loi— Sa/c fo Toru-n Lot 8. Number of Lots Proposed o2 Lofs 9. Zoning District R' yo /l-,go 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: Applicant: FI LL/� c 10Ike-a(/Qe- OQL n Le U .-y-a //1 SLL;tL 130 Ocuin ys Mills / M D • 2-111-7 0 1 • Agent: 4g-MI c_ y C /WO/Ls 6/02 /k7Q/%1 A5i2e/ Property Owner(s): Surveyor: CMt La/Ad u✓✓ j"r"'q vz LC li o /J COadcv&i Mo - "/ t' (—.A- 'O(a360 Engineer: 1^ Attorney: /�fMICfA c- In 0/t� 5-10 zo m�4iv eo g✓� 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether of not approval was granted by the Planning Board. No 13.Has a pre-submission conference been held with the Planning Board? If so, provide date. yes 14. Has the owner/applicant met with Land Preservation? If so,provide date. yes 15. Is any part of the property in agricultural use? No 16. Is there an existing or proposed sale of development rights on the property? yes— ope/+ f"-If- 0 • 17.Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. / O 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). 4/0 19.The site will be serviced by the following special districts or utility companies: Fire District F = Post Office F' y School District I -r Water F•.T UL� 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so,please provide proof that service will be provided. Nb 21. Plose indicate the type of open space proposed and how it will be managed? �' `Teu,-n o! �du�ho%I QLrChasc 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? yes - -a 6e mina/rsksr/ 23.Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield,please indicate how you intend on satisfying the requirement. 24. Application completed by [ ] owner agent [ ] other Signature of Prepa ,er Date 'P-141—D(o APPLICANT •TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Dtxon flCL4gC -P Pm& • ETTF LLC. (Last name, first name, middk initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat X Exemption from Plat or Official Map Other If"Other", name the activity: -(12US T4X5 Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. `Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO�C If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officcr or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant, or D)the actual applicant. DESCRIPTION OF RELATIONSHIP SubmittedG day of �Ivyd5r 2006 Signature: ' 7F L4_ Print Name: L&. ! T, UJ/ 1J/ LUUo 11.Yo 001 i ti�ovv� wry • .+..� _� /'� Town of Southold • / LWRP CONSISTENCY ASSESSMENT FOI2NI A. INSTRUCTIONS1 1. All applicants for permits* including,Town of Southold agencies, Oall cap-�e,g i)tisf.FAFI for proposed actions that are subject to the Town of Southold Wa.tertion�for sistency Re�tew aw. his assessment is intended to supplement other information used by is Town of Southold agency in and other ministerial permits not located within he Coastal E m ion1taru including Building Permits makin a determination o£ consistency. *Except minor exempt ac !lazard Area. 2. Before answering the questions in Section C, the prepares of°thii foiiin sfioii d'review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town), 3. ff any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town,of Southold's website (southoldtown.nortl)fork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED.ACTION SCTM# 1rT TF1 41-G' The Application has been submitted to(checkappropriate response): Town Board ❑ Planning Board KI Building Dept. ❑ Board of Trustees ® Z*•g 1. Category of Town of Southold agency action.(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ® 4,f05J/zo17 e� construction,planning activity, agency regulation, land transaction) ❑ f�mc/ atff�/ 5 U�fWrsrOn (b) Financial assistance(e.g.grant, loan,subsidy) ¢area w/ — - c er�rmt, approval, license,testi-'$ctioni -- _..._.... __-.. .--.. Nature and extent of action: —. siorr a Ee/ o%uelo lv, i yin lee 044,tC/r17 VJ/ tJ/ <VVV ate.�J ./.ia i V.+�.+v-. --'•' Location of action: leaLey6l `i /�©CcC�f �zsh�/•�t�r� �Ywc 4 rd �'�el 1Oi (070 -11,y_ Site acreages - Ac /� Present land use:. tlae- t4tt (M-9) IC Zoe Present zoning classifcation:—(44j) 2' 017ed /-0 2. if an application for the proposed action has been filed with the Town of Southold agency, the following information shall he provided: (a) Name of applicant: L LG°_ x D/V � (b) Mailing address: lov55 arc{ 2vn 130y/e✓aa YL--te 73o ekVInIg's AY Is MV - Z/ /l7 — (c) Telephone number: Area Code( ) iOqiiw� -/7/" ZZC (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No® if yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coagfal location, and minimizes adverse effects of development. See LWRP Section III-Policies;Page 2 for evaluation criteria. ®Yes F� No Not Applicable / -srLr/�✓soon is A Golklrlran oZ 7,-Qct eLSafc �caL�v�l /c nr/ iii nic.�C i= C-a7hmo Attach additional sheets if necessary r—. . _ - .. .. .. � :'Ptatect�ttd"pre3eY�-fitstortc an8 a�cRaeo o"I Riical resources ofi5e Town�Sout�old. See- LSV Itg- Seetion 111-Policies Pages 3 through 6 for evaluation criteria ® Yes .No ❑ Not Applicable WCM e-wL0174 4*?C1k •�� Attach additional sheets if necessary • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ® Yes F1 No 0 Not Applicable .5LC � r,Yar>�r w,><L, svr�oc��..oa .fanaPs�� Attach additional streets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes El No El Not Applicable %s e �sl�^� • _ TOC_ of /,iw/n /s s S Attach additional shoots if necessary Policy S. Protect and ituprove water quality and supply in the Town of Southold. See LW" Section In —Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ®Not Applicable s /5 ss Attach eetditional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies;_Pages 22 tbraugh 32 for evaluation criteria. Yes No Not Aplicable /,n VC, s _�3fra� a� r9i�r oa7's !^ f—11 r=e ds t"Or ref 14WI s YAZI fiS-e Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section TH - Policies Pages 32 through 34 for evaluation criteria. © Yes ❑ No n Not Applicable Attach ad-di ttonaI sheetq ifnccaisary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Politics; Pages 34 through 38 for evaluation criteria. © Yes ❑ No ❑ Not Applicable 5 PUBLIC COAST POLICTES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ® Yees�sjj❑ No❑ Not Applicable — 'Y����i�e�2�P Ur �7cJdK��-l��✓ !s ,Qtr �r�vss - ari�t� vse . Attach additional sheets if necessary WORMNG COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. - e Yes o -Not ApprcaTfie---- -- .... s r _ Attach additionnl sheets if necessary Policy I1. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ill—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ /Not Applicable b72nf i�f-ifs_ i�./ fZ3l/l>i ilni/ /JV'11 _ / -D --- .c�� Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town*of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No T Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 5/25/05 11:20 AM 03/15/2006 11:45 6317659064 ZBA PAGE 10 nWIDLTID. . SEAR 617.21 Appendix C Stare Environmenra!Qaafi&Review SHORT EN[7RONMENTAL ASSESSMENT FORM For UNLISTBD ACTIONS Only PART I-Project Information(To be complete by Applicant or Project sponsor) 1.Applicant I Sponsor 2.Project Name -F1 rF, 5v*oky- 3.Project location: Municipality County RPse,4"Jo'I- Road t>hus kanj A.Predae location Street address and road Intersecdonv.Prominent landmarks,etc.or provide map) Ione " ri - S- 2 Subdtutsi�r PJyv a V0-, cCq,r)Ce 8. Is proposed action: NEW ( )EXPANSION ( )MOOIFICATION i ALTERATION 6.Decoribe project bdeBy: �vkz,4��t�e lot � 6CJetoTOL,—i +emaln,vi 7.Amount aF land eUed: hlnlally. ? , ,2 acres: Z. 3 ultimately: 3. 3 acres 3 -3 /Ae. CI�G✓cloPecl 7 d 7 6.wld Proposed sedan comply wth esisting or other esivdng IoM use resaietiora:( )YES ( )NO If No,describe bnefly: �r'ea l�'!if t�� - /Curr•/ sl�.watd BJ C EH Gine ?ix�l'vd�a/ �^em !of 2rea CaeeGv./a./ro-q 9.What IS prevent land use in ,,cinly of project(descrlba): Resideneal ( )Industrial ( )Commardal ( )Agricultural ( )Park/ForesdOpen Space ( )Other 10.Does actbn hrvolve a Parton approval or funding.naw or ultimately from any other Govern l"i sgency,(Federal.State or Local)? ( YES ( )NO If Yea list agerley(s)and permlVapprovals; 11.Does any aspect of the acdan have a currently valid pemtil or epproval7 ( )YES ( )NO If Yes.Nst agency(s)and permidapprovals: 7BZVY\&/ S&"/o/ t/-&7w/*KG 12.As a result of Proposed gotten.vAd wdsting parmldapproval require modlfkadan? ( )YE3 �NO If Yes,list agency(s)antpc" approvals: I eeMfy that the information provided above is true to the best of my knowledge Applicant! poria 9: Dvte S na N fA Is in the Coastal Area,and you are a state agency,complete raw Coastal Assessment Foran before proceedlnp wah Mix assessment CONSULT YOIWAWYER BEFORE SIGNING THIPAGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract,Sections 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. RESIDENTIAL CONTRACT OF SALE Contract of Sale made as of July 2006 BETWEEN FITF, LLC c/o Dixon Harvey 10-55 Red Run Blvd., Suite 130 Owings Mills, MD 21117 Social Security# hereinafter called "SELLER" and TOWN OF SOUTHOLD, a municipal corporation of the State of New York Address: 53095 Route 25, P.O. Box 1179, Southold,New York 11971, Social Security Number/Fed ID No(s): hereinafter called"PURCHASER" The parties hereby agree as follows: I. Premises. Seller shall sell and convey and Purchaser shall (d) balance at Closing in accordance with paragraph 7: purchase the property, together with all buildings and improvements $770,00.00 thereon (collectively the "Premises"), more fully described on a 4. Acceptable Funds. All money payable under this contract,unless separatepage marked"Schedule A", annexed hereto and made a part otherwise specified,shall be paid by: hereof and also known as: (a) Cash,but not over$1,000.00; (b) Good official check of the Town of Southold drawn on or Street Address: Reservoir Road,Fishers Island,New York official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York,unendorsed and payable to the order of Seller,or as Seller may otherwise direct upon not less than 3 business days notice (by Tax Map Designation: 1000,Section 9,Block 8,P/O Lot 2 telephone or otherwise)to Purchaser; Approximately 2.4 acres(subject to verification by survey map) (c) As to money other than the purchase price payable to Seller at Closing, uncertified check of Purchaser up to the amount of Together with Seller's ownership and rights, if any, to land lying in $1,000.00;and the bed of any street or highway, opened or proposed, adjoining the (d) As otherwise agreed to in writing by Seller or Seller's attorney. Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation and/or 5. Permitted Exceptions. The Premises are sold and shall be for any damage to the Premises by reason of change of grade of any conveyed subject to: street or highway. Seller shall deliver at no additional cost to (a) Zoning and subdivision laws and regulations, and landmark, Purchaser at Closing (as hereinafter defined), or thereafter, on historic or wetlands designation, provided that they are not violated demand, any documents that Purchaser may reasonably require for by the existing buildings and improvements erected on the property the conveyance of such title and the assignment and collection of or their use; such award or damages. (b) Consents for the erection of any structures on, under or above any streets on which the Premises abut; 2. Personal Property. This sale also includes all fixtures and (c) Encroachments of stoops,areas, cellar steps,trim and comites, articles of personal property now attached or appurtenant to the if any,upon any street or highway; Premises, unless specifically excluded below. Seller represents and (d) Real estate taxes that are a lien, but are not yet due and warrants that at Closing they will be paid for and owned by Seller, payable;and free and clear of all liens and encumbrances, except any existing (e) The other matters, if any, including a survey exception, set mortgage to which this sale may be subject. The), i�,.�-, lude, but aF9 forth in a Rider attached. . limit dl . ..J.....0.:..,. heating .. lighting and ,.long C..,a... r....�._eem And �iteh.._ ..,.r.:_ees mantels, deeF ilii....,,_.. J. PlAtes 6. Governmental Violations and Orders. (a) Seller shall comply t.^_,t,.,^_.. blind_ .,:_a,..., .Feil. xt.^ ^ae.. with all notes or notices of violations of law or municipal ordinances, .._, .:_a,...., a____, ilii_,_.. ,__ __ mail orders or requirements noted or issued as of the date of closing by , bex_Tr, ^ ..,each,,_.,^ilii' flagll e _ nips shr bbeF f ilii:_,. any governmental department having authority as to lands, housing, ,,.,«,eoF teal shed a ,., :^w ^.u_. washing machine, _telt," buildings, fire, health, environmental and labor conditions affecting dF^- ...._t....._ =__p___t. unit, Fang _ _ `•'. even, -_ e_:_t_: fie-:_:, =.. the Premises. The Premises shall be conveyed free of them at eariditioRiRg equipment and installatiaRs, w^ ' to watt earpeting-arA Closing. Seller shall furnish Purchaser with any authorizations necessary to make the searches that could disclose these matters. . . Oations b the l2vemises ,, VACANT PROPERTY _. ,ant te the Aa(..inistFa�ye r�..ae of a,., r:.. 99 New ' OFIE ...__..__a .. . t0 =,95iRg . o _._.._a_ __, 3. Purchase Price. The purchase price is: $770,00.00 by Sellef at OF PFiBF is G185418. payable as follows: (a) on the signing of this contract,by Purchaser's check payable to 7. Seller's Representations. (a) Seller represents and warrants to the Escrowee (as hereinafter defined), subject to collection, the Purchaser that: receipt of which is hereby acknowledged, to be held in escrow (i) The Premises abut or have a right of access to a public road; pursuant to paragraph 6 of this contract(the"Downpayment"): (ii) Seller is the sole owner of the Premises and has the full right, $ 0 power and authority to sell, convey and transfer the same in (b) by allowance for the principal amount unpaid on the existing accordance with the terms of this contract; mortgage on the date hereof, payment of which Purchaser shall (iii) Seller is not a"foreign person", as that term is defined for assume by joinder in the deed: $ 0 purposes of the Foreign Investment in Real Property Tax Act, (c) by a purchase money note and mortgage from Purchaser to Internal Revenue Code ("IRC") Section 1445, as amended, and the Seller: S 0 regulations promulgated thereunder(collectively"FIRPTA"); ":v) The Premises are not affected b•y exemptions or (g) All plumbing (Suding water supply and septic systems, if aba, merits of taxes;and any), heating and air conditioning, if any, electrical and mechanical (v) 'Seller has been known by no other name for the past ten systems, equipment and machinery in the building(s) located on the years,except property and all appliances which are included in this sale being in (b) Seller covenants and warrants that all of the representations and working order as of the date of Closing. warranties set forth in this contract shall be true and correct at (h) If the Premises are a one or two family house, delivery by the Closing. parties at Closing of affidavits in compliance with state and local law (c) Except as otherwise expressly set forth in this contract,none of requirements to the effect that there is installed in the Premises a Seller's covenants, representations, warranties or other obligations smoke detecting alarm device or devices. contained in this contract shall survive Closing. (i)The delivery by the parties of any other affidavits required as a condition of recording the deed. 8. Condition of Property. Purchaser acknowledges and represents that Purchaser is fully aware of the physical condition and state of 13. Deed Transfer and Recording Taxes. At Closing, certified or repair of the Premises and of all other property included in this sale, official bank checks payable to the order of the appropriate State, based on Purchaser's own inspection and investigation thereof, and City or County officer in the amount of any applicable transfer and/or that Purchaser is entering into this contract based solely upon such recording tax payable by reason of the delivery or recording of the inspection and investigation and not upon any information, data, deed or mortgage, if any, shall be delivered by the party required by statements or representations, written or oral, as to the physical law or by this contract to pay such transfer and/or recording tax, condition, state of repair, use, cost of operation or any other matter together with any required tax returns duly executed and sworn to, related to the Premises or the other property included in the sale, and such party shall cause any such checks and returns to be given or made by Seller or his representatives, and shall accept the delivered to the appropriate officer promptly after Closing. The same"as is" in their present condition and state of repair, subject to obligation to pay any additional tax or deficiency and any interest or reasonable use, wear, tear and natural deterioration between the date penalties thereon shall survive Closing. hereof and the date of Closing (except as otherwise 6et forth i pffagFaph (f)),without any reduction in the purchase price or claim 14. Apportionments and Other Adjustments; Water Meter and of any kind for any change in such condition by reason thereof Installment Assessments. (a) To the extent applicable, the subsequent to the date of this contract. Purchaser and its authorized following shall be apportioned as of midnight of the day before the representatives shall have the right, at reasonable times and upon day of Closing: reasonable notice(by telephone or otherwise)to Seller,to inspect the (i) taxes, wateF ,.1...-ge6 _^d sewe-foots, on the basis of the lien Premises before Closing. period for which assessed; (ii) fuel; 'iii` inteFest Ba the ex nieittgagei (A,) pi:emiums en g tFansfefable PalisieS 9. Insurable Title. Seller shall give and Purchaser shall accept such �.d rc:R:.c;c 4 21399e e....:_i^,. ..^-' ^, ^ ^ .- , Vault charges; title as any reputable title company licensed to do business in the (vi) _ veneered. State of New York shall be willing to approve and insure in (b) If Closing shall occur before a new tax rate is fixed, the accordance with its standard form of title policy approved by the apportionment of taxes shall be upon the basis of the tax rate for the New York State Insurance Department, subject only to the matters immediately preceding fiscal period applied to the latest assessed provided for in this contract. valuation. (c) If there is a water meter on the Premises, Seller shall famish a 10. Closing,Deed and Title. (a) "Closing"means the settlement of reading to a date not more than 30 days before Closing and the the obligations of Seller and Purchaser to each other under this unfixed meter charge and sewer rent, if any, shall be apportioned on contract, including the payment of the purchase price to Seller, and the basis of such last reading. the delivery to Purchaser of a Bargain and Sale Deed with Covenants (d) If at the date of Closing the Premises are affected by an Against Grantor's Acts in proper statutory short form for record,duly assessment which is or may become payable in annual installments, executed and acknowledged,so as to convey to Purchaser fee simple and the first installment is then a lien, or has been paid,then for the title to the Premises, free of all encumbrances, except as otherwise purposes of this contract all the unpaid installments shall be herein stated. The deed shall contain a covenant by Seller as required considered due and shall be paid by Seller at or prior to Closing. by subd.5 of Section 13 of the Lien Law. (e) Any errors or omissions in computing apportionments or other ns if Selle_is _ eefPSFati8fl, they shall dec.e.t,. n._„1......._ trye adjustments at Closing shall be corrected within a reasonable time time of C.cc._g (ic reset tion of its ne„_d ..0 r,:_„,.t.._. "..tu"_iii-.. following Closing. This subparagraph shall survive Closing. the_ FiRIP and deli.e_. Of the deed, a and ri _ -ti fioate 1..' .he Sccrc,cr, of jz..s Stant See_ ai: of tl.,. eeFpe_...:en sei:tu:.:-g6ueh 15. Allowance for Unpaid Taxes, etc. Seller has the option to „g..'.",..- And setting ^.t" Fe_t.. 6119^'.... that the ^s_ :R credit Purchaser as an adjustment to the � purchase price with the ,nfefmit. with the FequiFements of Sestien 909 of the o samount of any unpaid taxes, assessments, water charges and sewer Eerp8ratien ' -•. The d-^d in Wh ORR- shall - - rents, together with any interest and penalties thereon to a date not s ffiet.-t to establish__mplian,.e..ia.that seeties less than five business days after Closing,provided that official bills therefor computed to said date are produced at Closing. 11. Closing Date and Place. Closing shall take place at the office of Land Preservation, Town of Southold, North Fork Ban annex 16. Use of Purchase Price to Remove Encumbrances. If at offices, Southold, New York at S o'clock on or ebord I�t� . St*0 1b Closing there are other liens or encumbrances that Seller is obligated 200/Xr upon reasonable notice (by telephone or otherwise) by to pay or discharge,Seller may use any portion of the cash balance of Purchaser. the purchase price to pay or discharge them, provided Seller shall simultaneously deliver to Purchaser at Closing instruments in 12. Conditions to Closing. This contract and Purchaser's obligation recordable form and sufficient to satisfy such liens or encumbrances to purchase the Premises are also subject to and conditioned upon the of record, together with the cost of recording or filing said fulfillment of the following conditions precedent: instruments. As an alternative Seller may deposit sufficient monies (a) Public Hearing held by the Southold Town Board pursuant to with the title insurance company employed by Purchaser acceptable Chapter 6 of Town Code and Section 247 of the General Municipal to and required by it to assure their discharge, but only if the title Law regarding acquisition of said property insurance company will insure Purchaser's title clear of the matters or (b) Resolution authorizing the Town of Southold to acquire said insure against their enforcement out of the Premises and will insure property. Purchaser's Institutional Lender clear of such matters. Upon notice (c) The accuracy, as of the date of Closing, of the representations (by telephone or otherwise), given not less than 3 business days and warranties of Seller made in this contract; before Closing, Purchaser shall provide separate certified or official (d) The delivery by Seller to Purchaser of a valid and subsisting bank checks as requested to assist in clearing up these matters. Certificate of Occupancy or other required certificate of compliance, or evidence that none was required, covering the building(s) and all 17. Title Examination; Seller's Inability to Convey; Limitations of the other improvements located on the property authorizing their of Liability. (a) Purchaser shall order an examination of title in use as a family dwelling at the date of Closing. respect of the Premises from a title company licensed or authorized to (e)The delivery by Seller to Purchaser of a certification stating that issue title insurance by the New York State Insurance Department or Seller is not a foreign person;which certification shall be in the form any agent for such title company promptly after the execution of this then required by FIRPTA. If Seller fail to deliver the aforesaid contract or,if this contract is subject to the mortgage contingency set certification or if Purchaser is not entitled under FIRPTA to rely on forth in paragraph 8,after a mortgage commitment has been accepted such certification, Purchaser shall deduct and withhold from the by Purchaser. Purchaser shall cause a copy of the title report and of purchase price a sum equal to 10% thereof(or any lesser amount any additions thereto to be delivered to the attorney(s) for Seller permitted by law) and shall at Closing remit the withheld amount promptly after receipt thereof. with the required forms to the Internal Revenue Service. (b) (i) If at the date of Closing Seller is unable to transfer title to (t) The delivery of the Premises and all building(s) and Purchaser in accordance with this contract, or Purchaser has other improvements comprising a part thereof in broom clean condition, valid grounds for refusing to close, whether by reason of liens, vacant and free of leases or tenancies, together with keys to the encumbrances or other objections to title or otherwise (herein Premises. collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser rn.y have .waived and other than those we Seller has herein hereinafter defined)*been released,discharged,treated,stored or expressly agreed to remove, remedy or discharge and if Purchaser disposed of, or otherwise deposited in or on, or migrated to, the shall be unwilling to waive the same and to close title without Premises, including without limitation of the generality of the abatement of the purchase price,then, except as hereinafter set forth, foregoing, the surface waters and subsurface waters of the Premises; Seller shall have the right,at Seller's sole election,either to take such (ii) there are no substances or conditions (including asbestos or action as Seller may deem advisable to remove,remedy,discharge or asbestos-containing materials) in or on the Premises or any other comply with such Defects or to cancel this contract; (ii) if Seller parcels of and which may materially adversely affect the Premises or elects to take action to remove,remedy to comply with such Defects, use thereof of which would be reasonably likely to support a claim or Seller shall be entitled from time to time, upon Notice to Purchaser, cause of action under any existing federal, state or local to adjourn the date for Closing hereunder for a period or periods not environmental statute, regulation, ordinance or other environmental exceeding 60 days in the aggregate (but not extending beyond the regulatory requirement (hereinafter collective called "Applicable date upon which Purchaser's mortgage commitment, if any, shall Environmental Laws"), including, without limitation, the expire), and the date for Closing shall be adjourned to a date Comprehensive Environmental Response, Compensation and specified by Seller not beyond such period. If for any reason Liability Act ("CERCLA"), as amended 42 U.S.C. §§6901, et seq., whatsoever, Seller shall not have succeeded in removing, remedying the Resource Conservation and Recovery Act ("RCRA"), as or complying with such Defects at the expiration of such amended42 U.S.C. §§6901, et seq., and 6 NYCRR Part 360 of New adjournment(s), and if Purchaser shall still be unwilling to waive the York State,which terms shall also include,whether or not included in same and to close title without abatement of the purchase price, then the definitions contained in Applicable Environmental Laws, either party may cancel this contract by Notice to the other given petroleum, solvents, or polychlorinated biphenyls; (iii) there are no within 10 days after such adjourned date; (iii) notwithstanding the above ground or underground storage tanks or containers at the foregoing, the existing mortgage (unless this sale is subject to the Premises; (iv) there are no liens under Applicable Environmental same) and any matter created by Seller after the date hereof shall be Laws affecting the Premises and no government actions have been released, discharged or otherwise cured by Seller at or prior to taken or, to the knowledge of Seller, are in process, which could Closing. subject any portion of the Premises to such liens;and(v)there are no (c) If this contract is canceled pursuant to its terms,other than as a citations or summons served upon the Seller with respect to and there result of Purchaser's default,this contract shall terminate and come to has been no activity that would give rise to,any release,discharge or an end, and neither party shall have any further rights, obligations or deposit,on the Premises that is the subject of this Contract of Sale,of liabilities against or to the other hereunder or otherwise, except that: a Hazardous Substance. As used herein, "Hazardous Substances" (i) Seller shall promptly refund or cause the Escrowee to refund the shall mean any hazardous materials,hazardous waste,hazardous and Downpayment to Purchaser and to reimburse Purchaser for the net toxic substances, pollutants, contaminants, debris and other solid cost of examination of title, including any appropriate additional wastes as those terms are defined by any Applicable Environmental charges related thereto, and the net cost, if actually paid or incurred Laws. For purposes of this paragraph 24,Hazardous Substances shall by Purchaser,for updating the existing survey of the Premises or of a not include(y)substances used by Seller in the ordinary maintenance new survey,and(ii)the obligations under paragraph 23,if applicable, of the Premises, provided such use is in the ordinary course of shall survive the termination of this contract. Seller's maintenance, and (z) petroleum released in demonstrate minimis amounts and typically associated with the use of portions of 18. Affidavit as to Judgments, Bankruptcies, etc. If a title the Premises for driving and parking motor vehicles. The examination discloses judgments, bankruptcies or other returns representations and the provisions of this paragraph shall not survive against persons having names the same as or similar to that of Seller, CLOSING. This Agreement shall be interpreted and enforced in Seller shall deliver an affidavit at Closing showing that they are not accordance with the laws of the State of New York. If any against Seller. provision(s) of this Agreement shall be unforceable or invalid, the same shall not affect the remaining provisions of this Agreement and 19. Defaults and Remedies. . (a) If Purchaser defaults hereunder, to this end the provisions of this Agreement are intended to be and Seller shall have such remedies as Seller shall be entitled to at law or shall be severable. in equity,including,but not limited to,specific performance. (b) If Seller defaults hereunder, Purchaser shall have such remedies 25. Clean-Up Contingency. The Purchaser's representatives shall, as Purchaser shall be entitled to at law or in equity,including,but not within ten (10) days of full execution of this Contract, inspect the limited to,specific performance. Premises to determine the existence of any Hazardous Substances(as defined in Paragraph 24 above) and any unacceptable materials, 20. Purchaser's Lien. All money paid on account of this contract, including, inter alia, storage tanks or containers that are required to and the reasonable expenses of examination of title to the Premises be removed prior to Closing consistent with the representations in and of any survey and survey inspection charges, are hereby made paragraph 24 of this Contract. The results of said inspection shall be liens on the Premises, but such liens shall not continue after default set forth in a memorandum from the Town's Environment Division or by Purchaser under this contract. private contractor and forwarded to the Seller and Seller's attorney:- ' Prior to closing, Seller shall remove all Hazardous Substances and 21. Notices. Any notice or other communication ("Notice")shall be any unacceptable materials identified in the report and said to exist in writing and either(a)sent by either of the parties hereto or by their on the Premises. The removal of these items shall be completed to respective attorneys who are hereby authorized to do so on their the satisfaction of the office of the Land Preservation prior to closing. behalf or by the Escrowee, by registered or certified mail, postage prepaid,or; 26. Survey. Purchaser agrees not later than seven(7)days after the (b) delivered in person or by overnight courier, with receipt date of this Contract to order a survey of the premises to be prepared acknowledged, to the respective addresses given in this contract for by a surveyor licensed by the State of New York and to direct the the party and the Escrowee, to whom the Notice is to be given, or to surveyor to forward copies of the survey and survey reading, as well such other address as such party or Escrowee shall hereafter as all related notices, to the Seller's attorney and the title company. designate by Notice given to the other party or parties and the Said survey shall be at the cost of the Purchaser. Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing 27. IRS W-9 Form. Seller agrees to execute and deliver to the same, except that any notice to Escrowee shall be deemed given Purchaser's attorney an IRS Form W-9 at least twenty(20)days prior only upon receipt by Escrowee and each Notice delivered in person to closing of title so that the Town Comptroller's Office may obtain or by overnight courier shall be deemed given when delivered. and disburse necessary funds to the Land Preservation office. Seller acknowledges that a delay in the delivery of the W-9 Form will result 22. Assignment. This contract may not be assigned by Purchaser to in the delay of the scheduled Closing date. any other party without the prior written consent of Seller in each instance and any purported assignment(s)made without such consent 28. Public Disclosure Statement. Seller shall,within ten(10)days shall be void. of the execution of this Contract, deliver the required verified public disclosure statement for filing with the Town Fiscal Officer. At the 23. Broker. . Seller and Purchaser each represents and warrants to time of Closing,the Seller shall submit a then applicable statement or the other that it has not dealt with any broker in connection with this a sworn statement that there have been no changes in interest since sale. Seller and Purchaser agree to indemnify and hold each other the date of this Contract. Any evidence of a conflict of interest or harmless from and against any claim, judgment, liability, cost and prohibited contractual relationship shall require approval of the expense(including without limitation, reasonable attorneys' fees and Contract and sale by the Supreme Court of the State of New York. disbursements) arising out of the breach on their respective parts of any representation or agreement contained in this paragraph. The 29. Delivery of Deed. The acceptance of a Deed by the Purchaser aforementioned warranties, representations, indemnifications and shall be deemed to be full performance in discharge of every hold harmless shall survive the Closing. The parties agree that the agreement and obligation on the part of the Seller to be performed foregoing provisions of this paragraph are not intended to create any pursuant to the provisions of this agreement, except those, if any, third party beneficiary rights in and to this Contract. which are herein specifically stated to survive the Closing. 24. Environmental Representations. Seller represents that to the 30. Acknowledgement of Charitable Contribution. The Purchaser best of Seller's knowledge: (i) No Hazardous Substances (as acknowledges that the Seller may take a charitable contribution of the difference between the fair market value ee Premises as may be (d) The caption On this contract are for convenience of reference established by the Seller's appraisal and the purchase price to be paid only and in no way define, limit or describe the scope of this contract by the Purchaser pursuant to this Agreement. Accordingly, if and shall not be considered in the interpretation of this contract or requested by Seller, the Purchaser shall execute Internal Revenue any provision hereof. Service Form 8283 at Closing and any other documents required by (e) This contract shall not be binding or effective until duly the Internal Revenue Service in conjunction with Seller's claim for a executed and delivered by Seller and Purchaser. charitable contribution. This acknowledgement does not represent (f) Seller and Purchaser shall comply with IRC reporting and shall not be construed as concurrence by the Purchaser of the requirements,if applicable. This subparagraph shall survive Closing. claimed fair market value. (g) Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments 31. Miscellaneous. (a) All prior understandings, agreements, and documents and take such other action as may be reasonably representations and warranties, oral or written, between Seller and requested by the other in order to carry out the intent and purpose of Purchaser are merged in this contract; it completely expresses their this contract. This subparagraph shall survive Closing. full agreement and has been entered into after full investigation, (h) This contract is intended for the exclusive benefit of the parties neither party relying upon any statement made by anyone else that is hereto and, except as otherwise expressly provided herein, shall not not set forth in this contract. be for the benefit of, and shall not create any rights in, or be (b) Neither this contract nor any provision thereof may be waived, enforceable by,any other person or entity. changed or canceled except in writing. This contract shall also apply to and bind the heirs, distributees, legal representatives, successors 32. The Purchaser hereby acknowledges that it may be the intent of and permitted assigns of the respective parties. The parties hereby the Seller to structure its sale as a tax deferred exchange under IRC authorize their respective attorneys to agree in writing to any changes §1031. Seller covenants that this will not delay the close of the in dates and time periods provided for in this contract. subject transaction nor cause the Purchaser any additional expenses. (c) Any singular word or tern herein shall also be read as in the The Seller's rights under the purchase and sale agreement may be plural and the neuter shall include the masculine and feminine assigned to a Qualified Intermediary for IRC §1031 Tax Deferred gender,whether the sense of this contract may require it. Exchanges. Buyer agrees to cooperate with the Seller and the Qualified Intermediary to complete the exchange. I` 25. (Continued)In the event that hazardous substances (as defined in paragraph 24 hereof), are found, seller shall have the right to terminate the contract. If seller elects to proceed with the contract, then prior to closing...... IN WITNESS WHEREOF, this con*has been duly executed by the parties heft Sellerr FITF,LLC. Purchaser: TOWN OF SOUTHOLD t711t'ef 'N. �'��cJ¢rif�.. By � / Qb'�'� SCOTT A.RUSSELL ` Town Supervisor Attorney for Purchaser: Attorney for Seller: MARY C,WILSON,ESQ. Address: P.O.Box 729 Quogue,New York 11959 Address: Tel.: 631-653-1443 Contract of Sale PREMISES TITLE NO. Section Block Lot FITF, LLC County or Town Suffolk,Southold Street Number Address: TO TOWN OF SOUTHOLD RIDER TO CONTRACT PARTIES: FITC,LLC ("SELLER") Town of Southold ("BUYER') PREMISES: Reservoire Road, Fishers Island, New York Re: Open Space Purchase- Dixon Harvey 1000-9-8-2 The Contract is made subject to and contingent on the following: 1. Subdivision of the MII zoned parcel from the R-80 zoned parcel. The R-80 parcel shall be preserved in perpetuity pursuant to the Town of Southold open space preservation program. 2. A re-zoning by the Town Board, by their own motion, of the seller's reserved MII parcel from MII to r-40. 3. The seller's reserved parcel (MII to r-40) shall be a developed with a single family dwelling which foot print of living area on first floor does not exceed 1,296 square feet, the square footage of the existing structure. 4. The grant of area variance(s) from the Southold Town Zoning Board of Appeals, which authorize the Planning board to approve a nonconforming r-40 parcel for single family dwelling residential use. 5. The grant of a subdivision and development permits from the Department of Environmental Conservation and Suffolk County Department of Health Services. 6. The grant of development permits from the Southold Town Trustees. 7. The seller shall record Covenants & Restrictions on the retained parcel which set forth the following: A. The proposed residential structure on the parcel may be located at owner's sole discretion. The owner shall seek such variances and such regulatory permits either simultaneous with the subdivision r , application or at a later date, which authorize the placement of a two story single family dwelling on the subject property. B. The height of the two story dwelling shall be limited to 28 feet to the peek. C. The size of the two story single family dwelling shall be limited to the following: The foot print of living area on first floor will not exceed 1,296 square feet. Prior to construction of said residential structure the existing 1,296 square foot commercial structure will be demolished unless used as part of the single family dwelling. The owner may construct an attached open covered porch to the 1,296 square foot first floor, however the porch shall not exceed 10' x 35'. The square footage of the second floor shall be reduced by the square footage applied to the covered porch. D. The existing dock may be reconstructed and altered in accordance with regulatory permits. Said dock is limited to 4 private residential slips. The Dock will not be used for commercial purposes. E. No detached accessory structures are permitted on the subject property, except as may be a attached and part of.the total permissible square footage of 1,296 square feet. RIDER TO CONTRACT OF SALE BETWEEN FITF, LLC AND THE TOWN OF SOUTHOLD 33. In the event of any inconsistencies between the terms and provisions of this Rider and the terms and provisions of the Contract of Sale, the terms and provisions of this Rider shall prevail. 34. This contract of sale is subject to the subdivision of the M11 zoned portion of the subject real property from the R-80 zoned portion of said property. 35. That portion of the subject property that is currently zoned MII shall be developed with a two story single family dwelling unit and shall be subject to the covenants and restrictions set forth in the Patricia Moore, Esq. letter to the Town of Southold dated June 21, 2006 attached and incorporated herein. 36.This contract of sale is subject to Sellers obtaining any and all necessary change of zone(s) and/or area variance(s) in relation to the development of the residual property for a single family residential dwelling unit. Sell ' T , Purchaser: By By r�,t,��/ SCOTT A. RUSSEL ` �. 3 Town Supervisor �•(w- iA— "Y PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �.0 G Town Hall, 53095 State Route 25 Chairman �� P.O. Box 1179 C WILLIAM J.CREMERS H Southold, New York 11971-0959 x KENNETH L.EDWARDS �y • �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PI ANrIING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form D ECCE VE Name of Subdivision: Minor Subdivision for FITF, LLC SEP 2 3 2004 D Southold Town Suffolk County Tax Map# 1000- 009.00-08.00-002.000 Planning BoarO Type of Subdivision: Major Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: Fishers Island Street Location: (no ll) Reservoir Road Acreage: 3.30+/- acres Number of Lots: 2 Zoning District: R-80 and M-II Date: September 17, 2004 Please list name, mailing address, and phone number for the people below: Applicant: FITF, LLC c/o Black Oak Associates 10055 Red Run Boulevard - Suite 130 Owings Mills, MD 21117 Agent handling the application: Stephen L. Ham, III, Esq. (Contact Person) _ 38 Nugent Street Southampton, NY 11968 Property Owner(s): FITF, LLC c/o Black Oak Associates 10055 Red Run Boulevard - Suite 130 Owings Mills, MD 21117 Surveyor: CME Engineering, Land Surveying & Architecture, PLLC 110 Broadway Norwich CT 06360 Engineer: Mr. Richard H. Strouse 110 Broadway Norwich, CT 06360 Attorney: Stephen L. Ham, III, Esq. 38 Nugent Street Southampton, NY 11968 Other Agent(s): Has this property had a previous application to the Planning Board? Yes No Has this property previously received a SEQRA review? Yes No Have you had any pre-submission conferences with the Planning Board? Yes Does this application have variances from the Zoning Board of Appeals? Yes No Appl. No. Date Is this property adjacent to any bodies of water? Yes No Are there any wetlands on the property? Yes No Are there public water mains in an adjacent street? Yes No Is public water proposed for the subdivision? Yes No Is the majority of the property forested? Yes No Is any part of the property in active agricultural use? Yes No Is there an existing or proposed sale of development rights on the property? Yes No Is there a mortgage on the property? Yes Does the owner own any adjacent properties? Yes No Are there any building permits currently pending on this property? Yes No Signature of Preparer 44k.C • t+&,.. Date 9/17/04 Stephen L. Ham, III Fonn 9002(9/99),20M —Oain and Sale teed,with Covenants against Grantor's Arodividual or Corporation. (single sheet) N.Y.S. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. Real Estate Transfer Tax THIS INDENTURE, made the 30th day of August 2004 and $2,960.00 BETWEEN CAROLYN JULEEN DOHERTY, residing at (no #) End of Hedge Street, Fishers Island, New York 06390 Ma 71%.-A party of the first part,and FITF. LLC, c/o Black Oak Associates, Inc. , a Ne! 'trk limited liability company, having its principal place of business at 10055 Red Run Boulevard, Suite 130, Owings Mills, Maryland 21117 party of the second part, WITNESSETH,that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being4w+he-- (10,j at Fishers Island, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows : BEGINNING at a iron pipe on the westerly side of Reservoir Road at the northeasterly corner of land now or formerly of Michael Collyer and Sandra Collyer and the southeasterly corner of the premises herein described; running thence along said westerly side of Reservoir Road the following five (5) courses and distances : (1) North 590 131 0011 West 1. 06 feet; (2) North 470 551 0011 West 86 .29 feet; (3) North 350 471 0011 West 76 .01 feet; (4) North 090 121 0011 West 125 . 50 feet; and (5) North 120 101 0011 East 192 .20 feet to a brass marker and land now or formerly of Union Free School District; thence North 630 371 0011 West along said land now or formerly of Union Free School District 279 feet, more or less, to the Shore of Fishers Island Sound; thence in a general southerly direction along the Shore of Fishers Island Sound and later along the shore line of Silver Eel Cove as they both wind and turn 930 feet more or less to land now or formerly of Michael Collyer and Sandra Collyer first mentioned above; thence North 400 171 0011 East along said last mentioned land 122 feet more or less to the westerly side of Reservoir Road and the point or place of BEGINNING. BEING AND INTENDED TO BE Parcel Three in premises conveyed to the party of the first part by deed dated May 9, 1996 and recorded in the Suffolk County Clerk's Office on September 10, 1996 in Liber 11791 Page 451. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of.the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consider- ation as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as it'it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN rarscvcts OF: , Carolyn J�u\\l,,e(y�enn Doherty Acknowledgement taken in New York State Acknowledgement taken in New York State State of New York, County of Suf folk , ss: State of New York, County of , ss: On the *3 day of August , in the year2004 , before me, On the day of in the year before me, the undersigned, personally.appeared CAROLYN JULEEN the undersigned, personally appeared DOHERTY personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(g) is satisfactory evidence to be the individual(s) whose name(s) is {are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that -he/she/" executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/heNtheif signature(&) on the capacity(ies), and that by his/her/their. signature(s) on the instrument, the individual(s) or the person upon behalf of which instrument, the individual(s) or the person upon behalf of which the individuals) acted, executed the instrument. the individual(s)acted,executed the instrument. �2,..r 6. Not*y Public MARY 8 PAKKEWICZ Nolery Publiic SW of New York No 52-8267950 Co niftim Expires Vt)o/ore Acknowledgement by Subscribing Witness taken in New Acknowledgement taken outside New York State York State State of New York, County of ss: ' State of County of ss: (or insert District of Columbia,Territory, Possession or Foreign Country) On the day of in the year before me, the undersigned, personally appeared On the day of in the year before me, the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did personally known to me or proved to me on the basis of depose and say,that he/shelthey reside(s) in satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to that he/she/they know(s) me that he/she/they executed the same in his/her/their to be the individual described in and who executed the capacity(ies), that by his/her/their signature(s) on the foregoing instrument;that said subscribing witness was instrument, the individual(s) or the person upon behalf of which present and saw said the individual(s) acted, executed the instrument, and that such execute the same; and that said witness at the same time individual made such appearance before the undersigned in the subscribed his/her/their name(s)as a witness thereto. (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No.:__ SECTION CAROLYN JULEEN DOHERTY BLOCK LOT TO COUNTY OR TOWN FITF, LLC RETURN BY MAIL TO: STEPHEN L HAM III ESQ MATTHEWS & HAM ESQS Distributed by 38 NUGENT STREET EL—Cilie" go Title Insurance Company SOUTHAMPTON NY 11968 Zip No. Page 3 of 3 W U LL LL Q Z O O U W G 0 O W u! 2 C W W O M< N N_ W W W N W APPLICANT • TRANSACTIONAL OISCI,OSIIRR POIIN Tile Town of Southold's Code of Ethics pro hiblta conflicts of interest on the part y of town officers and emploees. The purpose of this form is to provide Lnformation which can alert elle town of oasible conflicts of Interest and allow it to takewhatever action is necessary to avoid some. YOUR MANE: FITF, LLC (Last name, Cirst flame, mlddJ.e initial, -unless You are applying io the name or someone else or - other entity, such as a company. If so, -ludlcate the other person's or company's name. ) NATURE OF APPLICATION! (ChRelt at.). l:flat apply. ) Tax grievance variance Change of zone Approval of plat X Exemption from plat or. official map Other (If "Other," name the activity. ) Do you personally (or through your company, spoons, aib.ling, parent, or child) have a relationship with any officer or . employee of the Town of Southold? "Rely t toneh.ip" Includes by blood, marriage, or business interest_ "nusinesa Interest" means a busineao, including a partnership, in . . which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES - NO x _ If you answered "YES. " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold - Title or position of thatperson Describe the relationship between yourself (the applicant) and the town officer or. employee. Either check the appropriate line A) through D) and/or describe In the space provided. The town officer or employee or hid or her sponse, sibling, .parent, or child is (check all: that appty) . - A) the owner of greater that '5% of the shares of the corporate. stock ofthe applicant (when the appllcaut is a corporation) , _ D) the Legal or beneficial owner of any interest ].if a _ noncorporate entity (when ti,e applicant is not n corporatton)1 C) an officer, director, partner, 6r employee of the applicant, or 1)) the actual appllcan(, - IIESCnIP,rjoN OF RELAT(ONSIIIP Si lhallt:ted this //21stday Of Sept,saa_2004 . Lc(17+w .g . Pr l nl: sameStephen L. Ham, III, authorized agent r . • 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 enviro-invent. 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 Minor Subdivision for FITF, LLC LOCATION OF ACTION Qnclude Street Address, Municipality and County) _ (no Il) Reservoir Road, Fishers Island, Town of Southold, County of Suffolk NAME OF APPUCANTISPONSOR BUSINESS TELEPHONE FITF LLC l 101 -1,56-5820 ADDRESS c/o Black Oak Associates, 10055 Red Run Boulevard — Suite 130 STATE ZIP CODE 0IY/P0 MID 21117 'Owings Mills .NAME OF OWNER pf dtNerenq BUSINESS TELEPHONE ( 1 ADDRESS STATE LP CODE G7Y/PO f DESCRIPTION OF ACTION Subdivision into two lots of 3.30+/— acre parcel which is located in two separate Zone Districts, R-80 and M—II under the Town of Southold Zoning Code. The division line will- be the same as the boundary line between the two Zone Districts. Please Complete Each Question—Indicate N.A. if not applicable X Site Description Physical setting of overall project both developed And undeveloped areas. 1. Present land use: 130rban 0Industrial- OComtmrcial OResidential(suburban) ®Rural(non-fa ❑Forest OAgriculture . ❑Other 2. Total acreage of project area: 3.30+/— acres. PRESENTLY AFTER COMPLETIO APPROXIMATE ACREAGE ?• Meadow or Brushland (Non-agricultural) 2.27+/ acres —2.27 +/— acre: Forested acres acre Agricultural (Includes orchards, cropland, pasture, etc.) acres acre Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 1.00+/— acres 1.00+/— acre Water Surface Area acres acre Unvegetated (Rock, earth or fill) acres acre Roads, buildings and other paved surfaces .03+/— acres •03+/— acre Other (Indicate type) acres acre 3. What is predominant soil type(s) on project site? CuB — Cut and Fill Land Gently Sloping a. Soil drainage: ®Well drained 100 " % of site OModerately well drained . % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soif group 1 through 4 of the Land Classification Systeml n a acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes IgNo a. What Is depth to bedrock? , nknne (in feet) 2 t t S. Approximate percentage of proposed project site with slopes: 1&0-10% 80 % ®10-15% 20 % 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Oyes ONO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Oyes ONO 8. What is the depth of the water table? 8 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Dyes ®No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ®Yes ONO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes ONO According to Glenn Just of J.M.O. Environmental Consulting Services Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)- Dyes ONO Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ONO If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes ONO 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 Fishers Island Sound b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ONO a) If Yes, does sufficient capacity exist to allow connection? ®Yes ' ONO b) If Yes, will improvements be necessary to allow connection? OYes IBNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes E3No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ®Yes ONO ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes ®No B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 3.30+/- acres. b. Project acreage to be developed: 0 acres initially; .30+/- acres ultimately. c. Project acreage to remain undeveloped 3.00+/- acres. d. Length of.project, in miles: n/a (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed n/a %; f. Number of off-street parking spaces existing 0 ; proposed 0 g. Maximum vehicular trips generated per hour n/a (upon completion of project)? h. if residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 0 Ultimately one 1. Dimensions (in feet) of largest proposed structure n/a height; n/a width; n/a length. j. Linear feet of frontage along a public thoroughfare project will occupy (s? 0 f 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? OYes ONo ®N/A a. if yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Oyes ONo c. Will upper subsoil be stockpiled for reclamation? OYes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed4rom site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes (ONo 6. If single phase project: Anticipated period of construction n/a months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated n/a (number). b. Anticipated date of commencement phase 1 n/a month year, (including demolition). c. Approximate completion date of final phase n/a month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? OYes ®No 9. Number of jobs generated: during construction 0 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? OYes ®No If yes, explain 12. Is surface liquid waste disposal involved? OYes ®No -- —.-. a. If yes, indicate type of waste (sewage, industrial, etc.) and amount n/a b. Name of water body into which effluent will be discharged n/a 13. Is subsurface liquid waste disposal involved? OYes ®No Type n/a 14. Will surface area of an existing water body increase or decrease by proposal? OYes ®No Explain 15. Is project or any portion of project located in a 100 year flood plain? Oyes ONo 16. Will the project generate solid waste? OYes ®No a. If yes, what is the amount per month n/a tons b. If yes, will an existing solid waste facility be used? Oyes ONo c. If yes,.give name n/a ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo e. If Yes, explain n�a 17. Will the project involve the disposal of solid waste? []Yes ®No a. If yes, what is the anticipated rate of disposal? n/a tons/month. b. If yes, what is the anticipated site life? n/a years. 18. Will project use herbicides or pesticides? OYes ®No 19. Will project routinely produce odors (more than one hour per day)? OYes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? Oyes ®No 21. Will project result in an increase in energy use? OYes IMNo If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity. n/a gallons/minute. 23. Total anticipated water usage per day n/a • gallons/day. 24. Does project involve Local, State or Federal funding? OYes IINo If Yes, explain 4 f t . .2 • • r 25. Approvals Required: Submittal Type Date City, Town, Village Board OYes ®No City, Town, Village Planning Board ®Yes ONo minor subdivision 09/22/04 City, Town Zoning Board ®Yes ONo area variance City, County Health Department ®Yes ONo subdivision j Other local Agencies OYes ®No Other Regional Agencies OYes ®No State Agencies ®yes ONo NYSDEC Federal Agencies OYes ®No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ®Yes ONo If Yes, indicate decision required: Ozoning amendment ®zoning variance ❑special use permit ®subdivision Osite plan Onew/revision of master plan ❑resource management plan Oother 2. What is the zoning classification(s)of the site? R-80 and M—II 3. What is the maximum potential development of the site if developed as permitted by the present zoning? one single—family dwelling with pre—existing commercial building 4. .:What is the proposed zoning of .the site? same 5. sWhat is the maximum potential development of the site if developed as permitted by the proposed zoning? one single—family dwelling on one lot and commercial use of other lot. I ii. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ON 7. What are the predominant land use(s) and zoning classifications within a 1/ mile radius of proposed action? R-40 and R-80 residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? ®Yes ON 9. If the proposed action is the subdivision of land; how many lots are proposed? two a. What is the minimum lot size proposed? 35,942 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes ®No 11. Will the proposed action create a demand for any community provided services (recreation, education, polio fire protection)? OYes ®No a. If yes, is existing capacity sufficient to handle projected demand? Dyes ONo n/a 12. Will the.proposed action result In the generation of traffic significantly above present levels? OYes- tlNo a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any advers ! impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate e avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Appllcant/Sponsor Name FITF, LLC Date 09/21/04 Signature -- 441", L. l4, Title authorized. agent !° bteptien L. Ham, III If the action Is in the Coastal Area, and you are a stale agency, complete the Coastal Assessment Form before proceedin with this assessment. P 5 9 MAILING PLANNING BOARD MEMBERS h�� FFO(/r Cory P.O. Box 1179 ADDRESS: JERILYN B.WOODHOUSE k Southold,NY 11971 Chair y OFFICE LOCATION: RICHARD CAGGIANO G • 'F Town Hell Annex WILLIAM J.CREMERSy�01 �aO� 64375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 14, 2004 Stephen L. Ham III, Esq. Matthews and Ham 38 Nugent Street Southampton, NY 11968 Re: Subdivision of FITF, LLC SCTM#1000-9-8-2 Dear Mr. Ham: Enclosed, please find the check in the amount of$1200 you submitted to this office for the application fees for the above-referenced subdivision. The check is being returned because the Planning Board cannot process the application until the ZBA grants the requested relief and therefore no fees are payable at this time. In addition, the application fees for subdivisions have changed. Once your application is ready for Planning Board review, you will need to submit a check in the amount of$2500 for the Sketch Application Fees. If you have ny questions, please feel free to contact this office. S' r ho re Senior anner 2492 MATTHEWS & HAM ATTORNEYS TRUST ACCOUNT 45 HAMPTON RD. X37 SOUTHAMPTON, NY 11968 L L _2 10 DATE�� ZZ 100Y PAY :_.,_..."_..._... .. TO THE ORDER OF TDC.�n! OP s�✓fys�Li� $; 0,00-00 j� al " 0m&_ "-f ate-sal Two �1""�^�f a"`� O �00 DOLLARS..:. .� CHASE 60MMga5aint reet Chase Bank uthal,,NY 11968 rn��► 5��v,J 6►Yi fry FOR TF („t_� - 5cr k ,JO ,•. (6„ao�9 ..Q�Z L• . k. 000 249 20 ..0:0 2 10000 2 0:83 7 500669 36 511' PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 Fax::(516)765-4643 September 10, 2007 Attn: Anthony Trezza Town of Southold Plannind Department Main Road Southold NY 11971 SEP 1 JI I RE: F.I.T.F. , LLC Dear Anthony: ' With reference to the above, enclosed please find five (5) Mylars and eleven (11) paper prints for the chairman' s signature. I am also enclosing a certified copy of the Planning Board Covenants & Restrictions . Ver yours, ATRICIA C. MOORE PCM/bp Encls . T PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 July 13, 2007 Attn: Anthony Trezza, Planning Board Town of Southold Main Road -~ PO Box 1179 "T Southold NY 11971 1 RE: F.I.T.F. LLC JUL 1 2007 Fishers Island, New York SCTM: 1000-9-B-2 Dear Anthony: With reference to the above, enclosed please find draft proposed Covenants and Restrictions pursuant to the granting of our final approval of March 12, 2007. Kindly review and advise at your earliest convenience if acceptable to you. Thank you. Very tr yours, atricia C. Moore PCM/ p encls. C: Mr. Dixon arvey SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by FITF LLC doing business at , New York this day of hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a subdivision on 3 . 30 acre, split zoned parcel into two lots where lot 1 is located in the R-80 zoning district, equals 2 .48 acres and is proposed to be purchased by the Town of Southold for open space purposes, and lot 2 is zoned r-40 and equals . 82 acres . The lot sizes were approved by Zoning Board of Appeals on December 14 , 2006 (ZB File No. 5617) . 2 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows : A. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. B. No changes to any of the lots lines without Planning Board approval. C. The proposed residence structure on lot 2 may be located at the owner' s discretion. The owner shall seek such variances and other regulatory permits, as may be needed, either simultaneously with the subdivision application or at a later date, which authorize the placement of a two story single-family dwelling on the property. D. The height of the two story dwelling shall be limited to 28 feet to the peek. E. The size of the residence shall be limited to the following: the footprint of the first floor shall not exceed 1, 296 square feet; prior to construction of said residential structure, the existing 1, 296 square foot commercial structure will be demolished unless used as 0 0 part of the single-family dwelling; the owner may construct an open covered porch to the 1, 296 square foot first floor, however the porch shall not exceed 10 feet by thirty-five feet; the square footage of the second floor shall be reduced by the square footage applied to the covered porch. F. The existing dock may be reconstructed and altered in accordance with regulatory permits. The said dock is limited to four (4) private residential slips . The dock shall not be used for commercial purposes . G. No detached accessory structures are permitted on Lot 2, except as may be attached and part of the total permissible square footage of 1, 296 square feet. H. All storm-water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. I Lot 2 is presently cleared and was at one time used as a commercial site. To the extent applicable, "clearing limits" pursuant to Town Code Section 240-49 ( C) states "Existing native and/or nonnative vegetation shall be preserved subject to the following limits of clearing" : The limit of clearing is 50% on 40, 670 square foot parcel therefore 20, 335 sf of the vegetation shall be preserved. J. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands and/or Fishers Island Sound in any manner K. All driveways shall be constructed of pervious materials . L. All structures with impervious materials shall control and retain surface water through the use of gutters, leaders and subsurface dry-wells . M. Landscaping of any or all of the lots shall consist of native, disease-resistant and drought-tolerant plants . N. The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. 3 . All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 4 . The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 5 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the PLANNING BOARD. 6 . If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or be held to unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional . FITF LLC Dixon Harvey On the day of in the year 2001, before me, the undersigned, a notary public in and for said state, personally appeared Dixon Harvey, managing member of FITF LLC personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument . Notary Public Schedule A DESCRIPTION OF PROPERTY DECLARANT: FITF LLC ALL that certain plot.pittr or parcel of land,with the buildings and impmemeno thermn crated,situmo,lying and hcing4tMhe- rtj at Fishers Island, in the Town of Southold, county of Suffolk and State of New 9ork, being bounded and described as follows: BSOINNYNr; at a ircn pipe on the westerly aide of Reservoir Road at the northeasterly corner of land now or fortnerly of Micbael Collyer and Sandra collyer and the southeasterly corner of the premises herein described, rurning thence along said westerly aide of Reservoir Road the following five: (5) courses and distances: (1) North 590 13 ' 000 west 1.06 feet; (2) North 470 551 00" went 86.29 feet; (3) North 350 47' Dan west 76.01 feet; 14 ) North 090 12' 00° went 125.50 feet; and (5) North 120 10, 000 East 192.;0 feet to s brass marker and land noir or formerly of Union Free School Watrict; thence North 630 37' 00" west along said land now or formerly of Union Free School District 279 feet=, more or lees, to the Share of Fishers Island sound; thence in a general aoutherly direction along the Share. of Fia2mxa Island Sound and later along the shore line of Silver Ra Cove as they Loth wind and turn 930 feet more or lama to land now or formerly of Michael Collyer and Sandra Collyer first mentioned above; thence North 400 17' 009 East along said last mentioned land 122 feet more or less to thti westerly side of Reservoir Road and the point or place of BEGINNING. BEING AND INTENDED To BE Parcel Three In premises conveyed tq the party of the first pixt by deed dated May 9, 1996 and recorded in the Suffolk County Clark's Office on September 10, 1996 in Liber 11791 Page 451. ' � b7" PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 1 March 9, 2007 � � .•,r=te^""'_ `' -""`.`°1'.� D G._ Planning Board Town of Southold 9 2p01� Main Road PO Box 1179 Southold NY 11971 RE: F.I.T.F. LLC Fishers Island, New York we. SCTM: 1000-9-8-2 HEARING DATE: MONDAY, MARCH 12, 2007 Dear Anthony: With reference to the above, enclosed please find green certified mail receipt cards received as of date. IThank you. 1 Very I yours, ¢I PATRICIA C. MOORE ESQ. 4. Restricted Delivery' 9.service Type _ 51020 MAIN ROAD Moore —� SOUTHOLD NY 11971 (Extra Fee) ❑Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 3264 .I A. lure: d essee or OAgenq 111111 III II IIII II III IIIIIIII IIII III�I III B. Received By: ( ease P �, <9 7192 6463 3110 0000 3264 C.Date of Delivery (� Q 1. Article Addressed To: D.Addressee'sAddress D mr .0 )p .n FISHERS ISLAND SCHOOL DISTRICT O FISHERS ISLAND NY 06390 's':cooeLiy Ade:e:a T3Liie"i avi.6�� prlrt c�.en 6e1":y'nda:a_a......._............................. . ...._........--- c.ur. ............ .................... .aior.e...... .ia:4coa. • • MAILING ADDRESS: PLANNING BOARD MEMBERS �QF S0 P.O. Box 1179 JERILYN B.WOODHOUSE ��� �l0 Southold, NY 11971 Chair #r 41 OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D.SOLOMON ��V (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND 'Y�'QU Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 13, 2007 Patricia C. Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Proposed Standard Subdivision of FITF LLC Located on the w/s/o Reservoir Road approximately 365' n/o Winthrop Drive on Fishers Island. SCTM#1000-9-8-2 Zoning Districts: R-80 and R-40 Dear Ms. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, March 12, 2007: The public hearing was closed. WHEREAS, the proposed action involves subdividing a 3.30-acre, split-zoned parcel (SCTM# 1000-9-8-2) into two lots where lot 2.1 is located in the R-80 zoning district, equals 2.48 acres and is proposed to be purchased by the Town of Southold for open space purposes; and Lot 2.2 is zoned R-40 and equals .82 acres; and WHEREAS, an application for sketch plan approval was submitted on September 27, 2006, including the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated August 16, 2006 and last revised on September 25, 2006; and WHEREAS, this proposal requires relief from the Zoning Board of Appeals in order to create non-conforming lots in the R-80 and R-40 Zoning Districts; and WHEREAS, the Zoning Board of Appeals granted the relief on December 14, 2006 (ZB File No. 5617); and WHEREAS, this is a non-impact project that does not create additional building lots and will result in an additional 2.48 acres of open space; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted a Negative Declaration for this project pursuant to SEQRA; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval upon the map prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC dated August 16, 2006 and last revised on September 25, 2006, subject to the following conditions: FITF, LLC Page Two March 13, 2007 1. Submission of five (5) mylars and eight (8) paper prints of the final map, each containing the Health Department stamp of approval. The lots shall be numbered on the final maps. 2. LWRP Review by the Town of Southold. 3. Submission of a draft Declaration of Covenants and Restrictions with the following clauses: a. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. b. No changes to any of the lots lines without Planning Board approval. c. The proposed residential structure on Lot 2 may be located at the owner's discretion. The owner shall seek such variances and other regulatory permits, as may be needed, either simultaneously with the subdivision application or at a later date, which authorize the placement of a two-story single-family dwelling on the property. d. The height of the two-story dwelling shall be limited to 28 feet to the peek. e. The size of the residence shall be limited to the following: the footprint of the first floor shall not exceed 1,296 square feet; prior to construction of said residential structure, the existing 1,296 square foot commercial structure will be demolished unless used as part of the single-family dwelling; the owner may construct an attached open covered porch to the 1,296 square foot first floor, however the porch shall not exceed 10 feet by thirty-five feet; the square footage of the second floor shall be reduced by the square footage applied to the covered porch. f. The existing dock may be reconstructed and altered in accordance with regulatory permits. Said dock is limited four(4) private residential slips. The dock shall not be used for commercial purposes. g. No detached accessory structures are permitted on Lot 2, except as may be attached and part of the total permissible square footage of 1,296 square feet. h. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. i. Specify the clearing limits for Lot 2 and refer to the appropriate section of the Town Code. j. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands and/or Fishers Island Sound in any manner. k. All driveways shall be constructed of pervious materials. I. All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. m. Landscaping of any or all of the lots shall consist of native, disease-resistant and drought-tolerant plants. n. The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. The Planning Board is processing this application in consideration of the property owner's expressed intent to preserve this land. Copies of all legal instruments relating to The preservation of this land must be submitted to the Planning Board office. FITF, LLC Page Three March 13, 2007 This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, �enlyn B. Woodhouse Chairperson Encs. cc: Melissa Spiro, Land Preservation Coordinator Kieran Corcoran, Assistant Town Attorney PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax: (631)7654643 March 12,.2%Q7, . Planning Board 1 0 :200A07 ----J9 Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: F.I.T.F. LLC Fishers Island, New York SCTM: 1000-9-8-2 HEARING DATE: MONDAY, MARCH 12, 2007 Dear Anthony: With reference to the above, enclosed please find affidavit of posting. Thank you. Very truly yours, Patricia C. Moore PCM/bp encls. 05/06/2007 10:29 FAX 631 765 4647 YOORE LAW OFFICES ®002/002 PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT OF SIGN F.I.T.F. LLC POSTING ;S Regarding Posting of Sign Upon 1 Applicant's Land Identified as 1000-941-2 i1 `h A� 1 2001 COUNTY OF SUFFOLK) STATE OF NEW YORK) + �� 1 L- 1, —G�r=> r2 [�„get�esiding at 1S114rrLS Ise. N York, b_9ingduly- sworn. depose and say that: On the , day of PA 12007, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10)feet or closer from the street or right-of-way(driveway entrance)-facing the street or facing each street or right-of-way entrance', and that f1 hereby confirm that the Poster has remained in place for seven days prior to t e date of the subject hearing date, which hearing date was shown to be on Monda , March 12. 2007. I I I Sworn to before me this day of Matr_A , 2007. j Noi ROXANNESPAULDING NOTARY PUBLIC. STATE OF NEW YORK Nn.01 til'f113942 1 OUAL111W IN SUI 1 01 K COUNTY MY COMMISSION pXl'111ka AUG 9;200$ {aL'. rriV�i �iv.'iV it' \V `near in- enu invVol u1weway- "- Passersby. I i eV fif106 o-w-v1 10-99 M Hum. 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EDWARDS y Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D. SOLOMON (car. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'YCQUl Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2007 Patricia C. Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Proposed Standard Subdivision of FITF LLC Located on the w/s/o Reservoir Road approximately 365' n/o Winthrop Drive on Fishers Island. SCTM#1000-9-8-2 Zoning Districts: R-80 and R-40 Dear Ms. Moore: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, February 12, 2007: WHEREAS, the proposed action involves subdividing a 3.30-acre, split-zoned parcel (SCTM# 1000-9-8-2) into two lots where lot 2.1 is located in the R-80 zoning district, equals 2.48 acres and is proposed to be purchased by the Town of Southold for open space purposes; and Lot 2.2 is zoned R-40 and equals .82 acres; and WHEREAS, an application for sketch plan approval was submitted on September 27, 2006, including the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated August 16, 2006 and last revised on September 25, 2006; and WHEREAS, this proposal requires relief from the Zoning Board of Appeals in order to create non-conforming lots in the R-80 and R-40 Zoning Districts; and WHEREAS, the Zoning Board of Appeals granted the relief on December 14, 2006 (ZB File No. 5617); and WHEREAS, this is a non-impact project that does not create additional building lots and will result in an additional 2.48 acres of open space; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further FITF, LLC Page Two February 13, 2007 RESOLVED, that the Southold Town Planning Board set Monday, March 12, 2007 at 6:05 p.m. for a final public hearing on the map prepared CME Associates Engineering, Land Surveying & Architecture, PLLC dated August 16, 2006 and last revised on September 25, 2006. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. March 9th. The sign and the post need to be returned to the Planning Board Office after the public hearing. The Planning Board is processing this application in consideration of the property owner's expressed intent to preserve this land. Copies of all legal instruments relating to the preservation of this land must be submitted to the Planning Board office. If you have any questions regarding the above, please contact this office. Very truly yours, G�4 , Jerilyn B. Woodhouse Chairperson Encs. cc: Kieran Corcoran, Ass't. Town Attorney • • MAILING ADDRESS: PLANNING BOARD MEMBERS �rg so�Ty P.O. Box 1179 JERILYN B.WOODHOUSE �O� Old Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Cn 4C Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D.JOSEPH L. TOWN END c'o I� Ccor. Main Southold, NY Ave.) �'1 Telephone: 631 765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant February 12, 2007 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Standard Subdivision for the Property of FITF LLC SCTM#: 1000-9-8-2 Location: The parcel is located on the west side of Reservoir Road approximately 365' north of Winthrop Drive on Fishers Island. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed action involves the subdividing of a 3.30 acre, split zoned parcel (SCTM# 1000-9-8-2) into two lots; where lot 2.1 is located in the R-80 zoning district and equals 2.48 acres: Lot 2.2 is zoned R-40 and equals .82 acres. Lot 2.1 is proposed to be purchased by the Town of Southold for open space purposes. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. FITF LLC • Page Two suary 12, 2007 The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Melissa Spiro, Land Preservation Coordinator Applicant/Agent Town Clerk Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-9-8-2; 3. That the property which is the subject of this application is located in the R-40 and R-80 Zones; 4. That the application involves the subdividing of a 3.30 acre, split zoned parcel (SCTM# 1000-9-8-2), into two lots where lot 2.1 is located in the R-80 zoning district and equals 2.48 acres; and Lot 2.2 is zoned R-40 and equals .82 acres. Lot 2.1 is proposed to be purchased by the Town of Southold for open space purposes. The parcel is located on the west side of Reservoir Road approximately 365' north of Winthrop Drive on Fishers Island; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd Fl., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, March 12, 2007 at 6:10 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Black Oak Associates/FITF LLC Date: 2/15/07 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 3/9/07 Re: Proposed Standard Subdivision of FITF LLC SCTM#: 1000-9-8-2 Date of Hearing: Monday, March 12, 2006, 6:05 p.m. BLACK OAK ASSOCIATES FITF LLC STANDARD SUBDIVISION i 1000 =9 =8 =2 Proposal to subdivide 3.30 acre, split zoned parcel into two (2) lots in the R-40 and R-80 Zones. MONDAY, MARCH 12 , 2007 - 6 : 05 P . M . • PUBLISHWS CERTIFICATE • State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary ` Public within and for said County and State, Ginny Shirvis, '9 Zp0) Legal Adverising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of W5 PUBLIC NOTICE 605 PUBLIC NOTICE Southold Town Planning �oe�of�nH�gtl�Board Board Notice Of Pub NOTICE IS HEREBY.GIVEN that,pursuant to Section 276.of the Town Law and Article XXV of the Code of the Town of Southold,a public hearing will be held by the.Southold Town A true copy of which is hereunto annexed, was Planning Board, at the Town Hall, Main Road, Southold, published in said newspaper in its issue(s)of New York on the 12th day of March,2007 on the question of 03101/2007 the following: 6:00 p:m. Proposed site plan for Le Panache He"Design,Io- Cust: SOUTHOLD TOWN OF cateit approximately 811' a/o NYS 25 on the e/s/o Youngs Ad #: d00010121 Avenue known all 00Younge Avenue in Soulholtl,Town of Southold, County of Suffolk, Slate of New York. Suffolk County Tax Map Number 1000- 60-2-7.1 6:05 p.m. Proposed femki i- sicn of FITF LLC, located on 1 the w/s/o Reservoir Road ap- proximately 365'No Winthrop 4L�L7/l - /vv vy ly / On.on Fishers Island.,Town of Southold,County of Suffolk, Stale of New York. Suffolk Subscribed an Jsworn to before me CounyTaxMapx1o00-g-6-2 2/26/07 This Mond , arch 05, 2007 BYtod ORDER OF THE SOUTHOLD TOWN PLAN- NING BOARD Jerilyn B.Woodhouse Chairperson o ary Pub i My commission expires O d (] #8253 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 8th day of March, 2007. �c A�_d 1�11 .Q- '--Principal Clerk Sworn to before me this _ day of 2007 tHRIVINA VOLINSKI NjOjA0Y FOLIC-STATE OF NEW YORK Nt 01-V06105050 t� lifl@tl in Suffolk County tVjtes February 28, 2008 LEGAL NOTICE Notice or Public Hearing Planning Board,at the Town Hall,Main Road,Southold,New York on the 12th day of March,2007 on the question of the following: 6..10 p.m. Proposed site plan for La Panache Hair Design,located approxi- mately 811' s/o NYS 25 on the a/s/o Youngs Avenue known as 1100 Youngs Avenue in Southold,Town of Southold, County of Suffolk,State of New York, Suffolk County Tax Map Number 1000- 60-2-7.1 -6.05 p.m. Proposed subdivision of FITF LLC,located on the w/s/o Reser- voir Road approximately 365'n/o Win- throp Drive on Fishers Island,Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map ri1000-9-8-2 Dated: 2/26/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B.Woodhouse Chairperson 8253-1 T 3/8 • . Page 1 of 1 Randolph, Linda From: Betsy Perkins [mooreattys@yahoo.com] Sent: Tuesday, February 27, 2007 3:48 PM To: Randolph, Linda; pcmoorel@optonline.net Subject: F.I.T.F. LLC Linda: Regarding the Hearing Notice for the above, please be advised that I have this date spoken with Kristen of Race Rock Garden Co. on Fishers Island. They will be posting the sign for us. They know Ken Edwards and says that he'll probably drop it off to them. I will fax them the Affidavit of Posting. Thanks. Let me know if there is a change in plans. Betsy for Patricia C. Moore We won't tell. Get more on shows you hate to love (and love to hate): Yahoo! TV's Guilty Pleasures list. 2/27/2007 S WWM 043 (Rev.8/2005) ^ 9 SuFFQ OUNTY DEPARTMENT OF HEALTH SERVI ES L � E OF WASTEWATER MANAGEMENT 1 0 YF AVENUE,SUITE 2C APHANK,NEW YORK 11980 (631) 852-5700 �Q NOTICE OF N-CONFORMANCE- RESIDENTIAL ll TO: PAT ICI C. MOORE,.ESQ:' H.S. REFERENCE NO.: RIO-07-0006 5i020 MA RD. "'.R SOUTHOLD, 14,Y-11971 PROPERTY LOCATION: RESERVOIR RD LM FISHERS ISLAND This application is not being processed for approval as submitted because it does not appear to conform with the standards/requirements of the Suffolk County Sanitary Code as indicated: 1. ❑ The installation of a subsurface sewage disposal system(s)is not permitted when: ❑ The proposed system will be less than 100' from neighboring well(s); proposed well; surface waters and/or wetlands. ❑ The existing subsoils on the site contain meadow mat, bog, silts, clays or other impervious materials which extend below the groundwater table or existing subsoils in the area are unsuitable for the proper functioning of the system. ❑ The groundwater or drainage conditions are unsuitable for the proper functioning of the system. ❑ The population density equivalent exceeds the limit of one single-family residence per one-half and/or one acre. ❑ A public sewer system is available. 2. ❑ The installation of a private water supply well is not permitted when: ❑ A public water supply is available. ❑ The groundwater supply in the area is inadequate for individual water supply wells. ❑ The proposed well will be an insufficient distance from proposed or existing sewage disposal system(s). The parcel(s) being applied on are apparently part of a realty subdivision or development, as defined in Article 6 of the Suffolk County Sanitary Code, which has not been approved by the Department for the method of sewage disposal and water supply. Prior to further processing of the application, it will be necessary that the owner(s) of the overall property file a realty subdivision or development map with this office. Application forms are enclosed. 4. ❑ The proposal is not in conformance with the conditions of the approved realty subdivision or development map. 5. OTHER/COMMENTS: BASED ON SURVEY AND LANGUAGE IN ZONING BOARD DETERMINATION APPEARS THIS LOT IS BEING SUBDIVIDED. PLEASE SUBMIT A SUBDIVISION APPLICATION TO THIS OFFICE (SEE ENCLOSED) ALSO PLEASE SUBMIT A COPY OF YOUR D.E.C. & TOWN WETLANDS APPROVAL FOR REVIEW. bu►�d\v s tr�c, 14c a*6 �� If this matter cannot be resolved, you may request a variance from these standards by applying to the Department's Board of Review. Prior to applying to the Board of Review,the residential application must be completed. (--------' .......... .............. -.._.._... ......_._ ................ .__..., DATE PREPARED. February 5, 2007 REVIEWED BY: John DiGiuseppe L..--- ............ ...... PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold , New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 Margaret Rutkowski January 4, 2007 Suffolk County Department of Health Services Bureau of Wastewater Management 360 Yaphank Avenue, Suite 2C Yaphank, NY 11980 RE: SCTM#1000-9-8-2 Fishers Island Southold Town Preservation(Open Space Purchase) Dear Sir or Madam: I would ask your office to review this proposal immediately because it is a Open Space purchase by the Town of Southold. I have submitted a subdivision application to protect my client's development of his parcel, however, the subdivided parcel is to be undeveloped. The balance of the parcel is retained for construction of one home. I would ask the Health Department to issue an immediate "Waiver" of the subdivision regulations since the land is to be purchased for open space. Enclosed please find following: 1. Signed Application form WWM-023 and application WWM-059 for individual sanitary approval for the one house. 2. Application fee- (1) my check in the amount of$220 to Suffolk County Health Department for two lot subdivision and (2) $275 individual lot approval. The proposed house on the parcel will be connected to public water. 3. Six original prints of proposed dwelling 4. The DEC and Trustees have approved the plan, I am awaiting written decisions. 5. Copy of Southold Town Resolutions regarding purchase of Open Space. The sale to the Town is contingent on Health Department approval. Very truly yours, Patricia C. Moore • • MAILING ADDRESS: PLANNING BOARD MEMBERS �OF S0P.O. Box 1179 JERILYN B.WOODHOUSE �0� 0l0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS CA Town Hall Annex MARTIN H.SIDOR • 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND lyCOU4 Southold, NY Telephone: 631 765.1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: October 26, 2006 To: Ruth Oliva,Chairperson Members of the Zoning Board of Appeals From: Jerilyn Woodhouse, Chairperson Members of the Planning Board Re: Request for comments on FITF LLC (Appeal#5617) SCTM# 1000-9-8-p/o 2 In response to your request for comments regarding the variance application for the above- referenced property, the Planning Board has reviewed the proposal and offers the following comments and recommendations at this time: 1. This application is in connection with a project that preserves over 2 acres of land through a Fee Title Sale to the Town on a split-zoned parcel located on Fishers Island. The portion of the property that will be preserved is located in the R-80 Zoning District. The portion that is currently zoned R-40 was recently changed by the Town Board on its own motion from the M-II zoning designation and is proposed to be improved with a single-family residence. 2. The sale of the property to the Town for preservation is contingent upon the approval of the change of zone by the Town Board, the granting of the necessary variances by the Zoning Board of Appeals and the approval of the subdivision by the Planning Board. 3. The property owner has agreed to conditions that limit the size and height of the residence and prohibits the construction of detached accessory structures. These limitations will make the proposed residence conform to the nature and character of the surrounding neighborhood as well as minimize any potential impacts to the wetlands. In addition, the Board finds that the proposed size of the structure(1,296 sq.ft. footprint) will be proportionate to the size of the lot(27,250 sq.ft.). 4. No additional building lots are being created as a result of this project. For the reasons stated above, the Planning Board has no objections to this proposal. � sr APPEALS BOARD MEMBER �pF SO �, Mailing Address: P'T Ruth D. Oliva,Chairwoman � t1jQl0Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. G Q Office Location: Michael A. SimonQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 1117 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631) 765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: October 10, 2006 SUBJECT: Request for Comments re FITF Subdivision (ZBA #5617) Attached is an updated subdivision map for the above-referenced project. Kindly review this revised map and provide us with your comments. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED FITF, LLC 9-8-p/o 2 5617 N/A Subdivision 10/05/06 CME Mil Zone Associates Engineering Your comments are appreciated by October� 32006 Thank you. Encls. .a 03/15/2006 11:45 6317659064 Z13A PAGE 03 APPLICATION TO THE SOUTHOLD TOWN BOARD OF A-PPEALS For Q tre Datethe Only .tab/ 77 U _ 2006 Fee:S filed ay: ., - _ Date AselCneU/As�ignm,nt No. Otnce.Notes: ' Parcel Locntion: ilon.ce No. Snreel i hamlet 1o"ishers —lblctrtol SCTM 1000 Section Block Lnt s Z Lot Size Zone District R" y O upl vCeH a,rw zB,9so 5y . 1 (WE) APPEAL THE WRI17EN DETi1'.RMINATION OF THE BUILDING INSPECTOR DATED: .,5f hdw.t 5(ir l ma�/� 9/fXo._(!✓1�/amrrcnq c�bcu�{ ApplicanrlOwuer(s): _T / Mniltng Address: Telephone:_. _ NO'M rr npplicent le nol I he owner,nate it nn{ppiicnull+nWnerI,hunr'ney,osent,avoil leer,builder,to of act venae,,tie. Authorized Representative: f 4 e�, C�lr:I,n yy� (_!F� . Address:—.—At 0710 �OGed 3c)L lino IA Telephone:_-&3I— Please specity who YOU wish correspondence to be mailed to, from the above listxcl names: U Applicout/Owner(s) XAuthorizedRepresentative ❑ Other: WIIERL13Y TkIE 111tiI.,DIN(: 03/15/2006 11:45 6317659064 ZBA PAGE 04 Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detdment to nearby properties, If granted, because: LSI- Crew-cd of bpeln space to be- Sora CBcWgqaa�nsal.� to ToWrl of Southold . 12ezW&d R-4o tco Simpl� Aevelo rnem of 34 ' ie Fcum c1wtU nq (2) The bent sought by the applicant CANNOT be 6chleved by some method feasible for the applicant to pursue, other than an area variance, because: Ic is jow,� is 5v y YU to zon ng vAY,canccs «nda�Prz7une io corsir�ct sirGte Zfumu�dwcllcnc) w�+t1 Frr`Sk [ loop �oot�r n5 ee��- I� q(o sy ; r ar d tu' �t 5S' Coved For& . (3) The amount of relief requested is not substantial because: Lo} rezoned -From M.UC t-o r?-4c) in orcier -to diewe too 0.s (rr tderace exxt vf•co c f- ec,rce-I to lie pr se-r,ieel by Tdwn al- 5owthoid • -rb mA Lot-wra �s 1 atyc. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district because: Sizc c>,f P-vice l ;s Consistent- wa-t, 517--e al Lois cove- overC," deveeopment X50. O"eFct }p F.T. cavvmmuni ) - (5) Has the variance been sell-created? ( ) Yes, or ()C) No, If not, is the construction existing, as built? ( ) Yes, or (x) No- Lo+ arra fe(no.,n'tnq af+er'?(twr rfiten- To Wry. tnsist,d on 44-U Cohbic J3)each grief larder- 5ubdjv,cl<d pard(. (6) Additional Information about the surrounding topography and building areas That relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) ,or) '46 R rfO Al i Drorxasrel Sill�l�ui.Siem ba6awiTh FG' E!ls �rrric(arl�� "I eel upluvrl amo- This is the MINIMUM that Is necessary and adequate, and at the some time preserves and protecb the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE ,STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary aa below. Signature of Appellant or Authorized Agent Swom to be re me this //� (Agent must submit Authorization from Owner) �!!i sty o V, .� ..,, 200r/p otary Public) PATRICIA C.MOORE ZBA Aso snmsa Notary Public,State of New York Suffolk County-No.4861 W8 Commission Expirea June 16 03/15/2006 11:45 6317659064 ZBA PAGE 06 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicarit(s): �1 I F I-LG Owners: QST t L LC— I. GI. If builft is existing and alterations/additions/renovations arc proposed; A. Please give the dimensions and overall square footage of extensions bgygvnd cxisiing bui : Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundatipq areas which do not w=d birmd the exisdg buildine: Dimensions/size: /��6 S� F ur. a*"' lo' x 3S�P�I, o,� �O�-ja�tj s s=Square footage: I, �b a 7 � f ,= ctif- If a sign is proposed,please: A. Give dimensions of existing sign with photograph or sketch with details. No B. Give dimensions of new sign. C. is the new sign replacing an existing sign? Yes_ No If so, please explain: Laid is vacant Please give dimensions and overall square footage of new construction: Dimension/size: ley is -t _I b' x 39'j P"GG., Square footage:_ �� ;7-.7 sg r v oo-v— an Height: 111. Purpose and use of new construction requested in this application: IV, Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s). Alf o Ga ea T�d ul n nn s O �g7 Fi 7Ma V. Please submit seven(7)photosAets after staking comers of the proposed new construction. 7/02 03/15/2606 11:45 6317659064 ZBA PAGE 08 APPLICANT'S PROJECT DESCRIPTION (Fm ZBA Rcfctencc) Applicant: Date Prepared: L For Demolition of Existing Building Areas Please describe areas being removed: fl" _ t% II. New Construction Areas(New Dwelling or New Additions/Extensiona). Dimensions of fust floor extension: hA.W : I 21 g Dimensions of new second floor: f Z Io s yp— Dimensions of floor above second level: i Height(from finished ground to top of ridge): Is basement or lowest floor arca being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: DT. Proposed Alterations or Interior Structural Changes without enlargement/extension (atueh extra sheet ifanessary). please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WTT FI Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage ofbuildings on your property: _ 11 3 Proposed increase of building coverage: �� 1 Wtfi1 I aoM. Square footage of your lot- Percentage otPercentage of coverage of your lot by building area. V. Purpose of New Construction Requested: (LD flro�^nnt�tn�� VL Please describe the land contours(flat,slope etc.)as exist and how it relates to the difficulty in meeting the code requirement(s): h In Please submit seven(7)photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered(area of requested changes). 7/2002; 2/2005; 1/2006 IIII�IIII 1\\\\\ \ C4 ° BRASS / 1 Y BEAC I \ r\ X36^ MARKER 111 11 \ \ O RSFORMER AD POSTFFIABR COMPACTED / BACKFlLL \ ° IIII\ / �// /// \// // // \\\` i•Q / 1/ I I FOR STABILITY AND BOUNDARY AS DOERM NIED 131 NAL SELF CLEANING -OFPERC #1H h T H = / I XISTING WATER !AREA R C-s0 ZONE Y#Z 1 I� 102, 0±sQ.Fr. _ 2.36±ACRES ti \\ I I I I 1 1 1 I I r Anes)landward4 \ I i ' 1� CO ° ° II 1 1 111 ( III I Coasfl Eros Hazard Line= / I v \� • \ �A40 DEVELOPMENT PROPOSED SOUNDrn 10JEANNEz44A�\ `0 \ SINS FAMIL SITE NIgP/ �ti'y' II APPPhOX. LIIAIDS OF AS / v ' ! I & yFLRAGG D BY G JUST I .0. C01}I ¢ 15 1 d4/02/01 ' / EXPANSION ROPOSED_ � /x' 13.0- AREA COBBLE 1r� \ / O BEACH 0 PROPOSED \ '/ � \ •� ,y^. v hoc PARKING IPE CHAIN I - \\\ ' `G '�•y 2.2t FENCE . .. . F STONE SLOPE \�\\\\\ •• •••• ,••�. • ♦•`ry8� 20• \ \ INSIAI.L AND MAINM 1 SILVER EEL COVE �� JANE H N� DUR1N° o'"'' ONCH ARLE DILAPDOCKIDATED FrlF,�� IRON PIPE SINGLE FAM MUNICIPA AREA IN MR ZONE MUNICH 40,670±SQ.Fr. 0.93±ACRES Area landward of Coastal M u Erosion Hazard Line& Approx.Wetlands Line R =27,250±sq. I ' N • 6.lAlcl 4(CY�2 ry 1 �,. e 4Vp" 4Dy xlm aoo � NSFNT A Sceie 1=loo' 4W y.N2 O b1 O• v N 3'J HAY HARBOR \J s ].5 2.lPld 2.IPId P J 4 sA � sAsml � 13.2 s 1.64 .4 20.1 22.1 SEE SEC. W. 130 LDAW l3rA 3 214 f99.. _ ''.. 14' —� UOM FREE •/ ^' a, 'J ISCHOOL R O 1U 151 MTWT W.4 29A 2l IAA 16 5.6M1S u Il. A 3dNc1 I 0 ' 1MNd 27.1 ; 1.14 a 27.5 29.6 591 27.6 �\,MA , s ss5 `' 61 '� 9�5w Ih; s S" -Fq'+r v J} a �pc,NA Iso•I vt t y J,V `iya 9 c 131 2 3.3 .y. A 6 5 1� 9J% s 4�.v U.S.A. 2 u a A PSF• 1 y � I L�FEa`�� ,� 1t tIER L w •..rsw,i. r...,m.w. w ma mm, —___ ,i,. rxir.6e saLLowieG 0000eacn. —_`—_ -o�e..P.L- --a—_ s6.6x ----- a N-1. <: ,r u.,..,L... -. - ,n�w,n,.ua xsr—- .rox.nr .,Ian —_— a _ .x�,.,..1�.. _.—_ wxr .rFx Nn,U-111,in 'Al'I . —__— P . o..n.li —- �wures s..rca el wn w� o 23 eA II.1 4(G1 or 12.1P °'" anon u. —- —- •.an .. 12.141C) 6VWons 7 II-0696 _ 1-It-W m O 6 s A h S e-1597 � � 1 1.1AId �1 y II-D6 9) �J 1.OIld x les aoo° I.6A(.1 ar2oa S s a 01 9e s p• 2..01 Da 6-0200 10-0200 to 12-05 w 00> 'e — 0 13.3 12 U'00 / r n L et4'1" l/ �1.9Ala OYV 15 01 25 5 20 OJ 12- 03 .O g` 2 2-29 0J > 2 011-0 yW'4 Q 6-22-0 S U6F Submission Without a Cover Letter � - Sender: D A I 00/&�— Subject: FS j j, LLC. , uwodwlsto l W41- Tocur �tsu7`kolo� SCTM#: 1000 -Cj —8 - plo L Date: Comments: O-� L W r2 P /� uMc1 PI�'i:—'Js 900Z L Z cv •COUNTY OF SUFFOLK• AT a STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING September 19, 2006 Town of Southold Planning Bd. 53095 Main Road-P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville, Town Clerk Re: A Local Law to amend the Zoning Map of the Town of Southold by changing the zoning designation of that portion of SCTM No. 1000-9-8-2 presently zoned as MH, as well as SCTM No. 100-9-8-3.4 from MII to R-40. Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. • Pursuant to NYS GML 239 and the Suffolk County Administrative Code, please provide a "full statement of facts"regarding the above referenced. The Suffolk County Planning Commission has no referral or file from the Land Preservation Committee or the Town Board with respect to this application. Thank you. Very truly yours, Thomas Isles,AICP Director f Plannin i w P. Freleng, IRw le APF:cc 2 (ta G:\CCHORNY\ZONING\ZONING\WORKING\INC@Oo5wd05-inc. 270 "' t LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (516(853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (516(853-4044 �Of SO(/ry �T r ELIZABETH A. NEVILLE �O� ��O Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS co co Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 OFFICERRECORDS MANAGEMENT Telephone (631) FREEDOM OF INFORMA IONOFF GER CO O,� � southo dtown.nor hfork.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 TownAiL a " 1000-9-8-2 & 170 $3.4 on Fishenrs I�snland �a J U Jerilyn B. Woodhouse, Chairman Southold Town Planning Board lJ Southold Town Hall " Southold, New York 11971 Dear Ms. Woodhouse: SatSco a N ^s� a Guaed The Southold Town Board at their regular meeting held oll„),u1y21I0.6 adoptthe above resolution. Certified copy of same is enclosed;'t6g6ther 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 & 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, Elizabeth A.. Neville Southold Town Clerk Enclosures cc: Town Board Town Attorney Tovn of Southold - Let �ard Meeting of July 25, 2006 t � m RESOLUTION 2006-644 Item #27 ADOPTED DOC ID: 2049 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-644 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 25, 2006: WHEREAS, the Town Board of the Town of Southold has been presented with a proposal by the Land Preservation Committee with a plan to preserve 2.4±acres of waterfront land on Fishers Island in the R-80 zone identified as a portion of SCTM#1000-9-8-2; and WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-II; and WHEREAS, in connection with this preservation opportunity it has been proposed that the Town rezone the remaining portion of SCTM#1000-9-8-2 as well as SCTM#1000-9-8-3.4 from M-1I to R-40; and WHEREAS, rezoning of the subject sites as residential is consistent with the existing and surrounding uses of the properties and the neighborhood; and it is therefore RESOLVED, that the Town Board of the Town of Southold is considering the change of zone of the remaining portion of SCTM#1000-9-8-2 that is not to be preserved as well as SCTM #1000-9-8-3.4 from M-II to R-40 on its own motion; and it is further RESOLVED, that the Town Board of the Town of Southold requests the Planning Board to prepare a report and recommendations on the proposed rezoning; and it is further RESOLVED, that the Town Board authorizes the Supervisor to retain the services of L.K. McLean Associates to perform a SEQRA review on the proposed zone changes; and it is further Generated July 26, 2006 Page 34 • LEGAL NOTIC. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the requirements of NYS Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a Proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM#1000-9-8-2 Presently zoned as M-II, as well as SCTM #1000-9-8-3.4, from M-II to R-40" 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 New London Day Town Board Members Town Attorney Land Preservation Town Clerk's Bulletin Board • LEGAL NOTICO 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 Wednesday. August 9, 2006, at 1:50 a.m., Fishers Island School Winthrop Drive Fishers Island,New York as the time and place for a public hearing for the purchase of open space on property owned by 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 MII zoning districts. The proposed acquisition is for fee title for approximately±2.4 acre (subject to survey)of the±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 MII portion of the property. The acquisition is also subject to limitations (covenants &restrictions)being placed on the remaining±0.89 acre portion of the property that is currently in the MII 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. r + MELISSA A.SPIRO • QF so OFFICE LOCATION: Town Hall Annex LAND PRESERVATION COORDINATOR `O 54375 State Route 25 melissa.spiro@town.southold.ny.us .If, (corner of Main Road&Youngs Avenue) Telephone(631)765-5711 ti Southold,New York G • Q Facsim le(631)765-6640 �z , MAILING ADDRESS: �yCOUP.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: Elizabeth A. Neville, Town Clerk / 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 p/o 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 MII portion of SCTM# 1000-9-8-2 to R-40 and to change the zoning designation of the adjacent parcel (SCTM# 1000-9-8-3.4) from MII to R-40. The Town Board public hearing for the change of zone is also scheduled for August 9, 2006. Please find the following information in regard to the above-mentioned applications 1. The total area of SCTM# 1000-9-8.2 is approximately 3.2b± acres. The lot is split zoned, with approximately 2.4± acres located within the Low Density Residential (R-80) Zoning District and approximately 0.89± acres located within the Marine II (MII) Zoning District. 2. SCTM# 1000.9.8.2 contains upland, rocky beach, land within the Coastal Erosion Hazard Line, tidal wetlands and an existing building and dilapidated dock (both on the MII zoned area.) 3. The MII zoned property on SCTM# 1000-9-8-2 was used around 20 years ago as a fuel oil terminal and oil tanks were located on the property. The tanks have been removed and 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#1000-9-8-2 involves the 2.4f acre R-80 portion of the property. The Town's acquisition will include all of the existing R-80 zoned property in addition to any land shown on the survey as "cobble beach" that may be located within the MII zoning district. 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 MII portion of SCTM# 1000-9-8-2. The Rider is attached to the contract and should be referred to in regard to the conditions of purchase. 6. The total area of SCTM # 9-8-3.4 is approximately 0.44 acres. There is an existing residential structure on this property. This property is involved in the zone change application only, and is not involved in the Town's preservation purchase. I have attached the following for informational purposes • Copy of the Contract and Rider described above • Copy of a survey dated 5/15/06 for SCTM# 1000.9.8-2 (3 copies were delivered to your office under separate cover) • Copy of an aerial (2004) showing both properties and the zoning designations (multiple copies attached for distribution purposes). Please feel free to contact me if you have any questions or require any additional information. MATTHEWS & HAm ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORE 11888 PHILIP B. MATTHEWS Om2-."21 831-283-2400 STSPHBN L. HAM, III FACSIMILE 031-281-1010 e-mail:Manhamcag0aol.com BARBA"T. HAM November 12, 2004 Mrs. Linda Kowalski Board of Appeals - Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of FITF, LLC (SCTM No. 1000-9-8-2) Dear Linda: 1 have enclosed seven revised prints of the minor subdivision map relating to the referenced application. These prints, prepared by CME Associates Engineering, Land Surveying and Architecture, PLLC under date of September 15, 2004, were revised November 3, 2004 and now reflect the lot yields at note no. 9. Please let me know if you need any additional information or documentation before this matter can be placed on your agenda for a hearing in the late morning of December 16. Sincerely, S� Stephen L. Ham, III Enclosures cc: Mr. Anthony Trezza t✓ Planning Board (w/ two prints) OF 115 In-rllqr APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D. Oliva, Chairwoman P.O. Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A. Tortora Telephone (631) 765-1809 Vincent Orlando ZBA Fax (631) 765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board 7kSou'tholdl'Ttown FROM: Ruth Oliva, Chairwoman, Zoning Board of AppealsD 2004 DATE: October 1, 2004 Plannin Board SUBJECT: Request for Comments Presently, the Board of Appeals is reviewing the/following application(s) for a November 18, 2004 public hearing. Enclosed please find the ZBA application(s). The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. The file is available for review at your convenience. NAME / REP TAX#/ ZBA DIS- SITE PREPARER BLDG DRAWN ZONE APRVL PLAN PLANS BY: DATE /SURVEY DATE FITF, LLC / S. 9-8-2 MII 5617 9/21/04 9/15/04 JJM, CME N/A N/A HAM VARIANCE SUBDIVISION SEPARATING PROPERTIES AT ZONING LINES WITH LOT 2.2 BECOMING NONCONFORMING IN SIZE Your comments are appreciated. Thank you. SEP 22 '04 10:07AM SOUTHOLD BUILDING 631 765 9502 P.1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 12. 2004 RENEWED.&AMENDED: September 21,2004 T0: Stephen Hamm A/C F1TF, LLC 38 Nugent Street Southampton, NY 11968 Please take notice that your application dated January—12004 For a permit for a sub ivision at Location of property Reservoir Road. Fisher's Island, NY County Tax Map No. 1000 - section 2 Block_, Lot 2 Is returned herewith and disapproved on the following grounds: Tie 12ro os/ed subdivision of a lot located in both the R-80 and MII Districts is not permitted Rursuant to Article XIT Section 100-122 which state "No building shall be used and no building or part thereof shall be erected or altered in the ML District unless thee conforms to the Bulk Schedule and Parking and Loadin Schedules incorporated into this chapter, with the same force and effect as if such regi goons were aet forth herein full.' Following the proposed subdivision which will separate the property at the zoning lines proposed lot 2.1 will remain conforming in the R-80 District How6ver proposed lot 2.2 will be made non- conforming. The minimum lot size mguired in the MI1 District according to the bulk schedule is 80,000 square feet &-dowing the proposed subdivision proposed lot 2,2 will have a total lot size of 35.942 square feet. This Notice of Disapproval was amended on September 21 2004, to correct the name of the applicant ? 'Auth,617fied.SignAture Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: tile, Z.B.A. APPOCATION TO THE SOUTHOLD TAN BOARD OF APPEALS For Office Else Onfy Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: Parcel Location: House No. no 11 Street Reservoir Road Hamlet Fishers Island SCTM 1000 Section 9 Black 8 Lots) 2 Lot Size 3.30 ac Zone District R-80 and M-II I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: September 20, 2004 Applicant/Owner(s): FITF, LLC Mailing Address: c/o Black Oak Associates, 10055 Red Run Boulevard — Suite 130, Owings Mills, MD 21117 Telephone: (410) 356-5820 NOTE: if applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Stephen L. Ham III Esq. Address: 38 Nugent Street Southampton NY 11968 Telephone: (631) 283-2400 Please specify who you wish correspondence tb be mailed to, from the above listed names: 0 Applicant/Owner(s) ® Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED September 17, 20t FOR: 0 Buiiding Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction Other: approval to subdivide Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article_ XIT Section 100- 122 Subsection Type of Appeal. An Appeal is made for: 0 A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code, Article Section 0 Reversal or Other A prior appeal 0 has®has not been made with respect to this property UNDER Appeal No. Year t 1 Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: insofar as the commercial use is concerned, a pre-existing structure is already present; a single-family residence is permitted as of right on the residential parcel. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for tht applicant to pursue, other than an area variance, because: there are. only 35,942 square feet of lot area available in the M-II Zone District on this parcel. (3) The amount of relief requested is not substantial because: the proposal would merely permit title to respective parcels in different Zone Districtsto be held by different owners. (4) The variance will NOT have an adverse effect or impact on the physical or environments conditions in the neighborhood or district because: there already is a-,commercial structur on the substa Bard arcel and a residence on the conforming R-80/parcel could be buil as a matter o righ . (5) Has the variance been self-created? ( ) Yes, or (x ) No. I1'not, is the constructio existing, as built? ( ) Yes, or (x) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves an protects the character of the neighborhood and the health, safety, and welfare of th community. ( ) Check this box and complete PART B, Questions on next page to apply USE 'VARIANC STANDARDS: (Please consult your attorney.) Otherwise, Please proceed to the sianature an notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) 1r�daJ yOfSeptelah � 2004. Stephen L. Ham, III, authorized agent (Notary Public) CHARLOTTE VAN HOUTEN Notary Pubii4So"of New York ZBA App 9130/02 No.01 A5W1ft61 Qualified in Suffolk County-10 o 14commission Expires Sept 14, QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes iS No B. Are there any proposals to change or alter land contours? ❑Yes IR No C. 1)Are there any areas that contain wetland grasses? yes 2)Are the wetland areas shown on the map submitted with this application? yes 3)Is the property bulk headed between the wetlands area and the upland building area? no 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? no D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state"n1a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (If none exist, please state "none".) F. Do you have any construction taking'place at this time concerning your premises? no If yes,please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel pre-existing commercial building and proposed use single-family dwelling and commercial buildii iG I—.. c T Authorized Signature and Date Stephen L. Ham, III, authorized agent September 21, 2004 ut6-I RJan—Tea11I 61T.21 - SEOF PROJECT LD.NUMBER Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT(SPONSOR 2. PROJECT NAME FITF, LLC Mini Subdivision for FITF, LLC 3. PROJECT LOCATION: ^ Munlclpailty Town of Southold county Suffolk e. PRECISE LOCATION(Street addrasa ana rose M1Meotbns,prommenl Iandmsrks,etc.or provide maDI (no #) Reservoir Road Fishers Island, Town of Southold, County of Suffolk (SCTM No. 1000-009.00-08.00-002.000) S. IS PROPOSED ACTION: N ❑Eapans+dn QMpd+RcalbMalleratbn 6( DESIEAISE PROJECT SPA EFLY: subdivision of 3.30+/— acre parcel into two parcels of 2.48 +%— acres and .82 acre, respectively along a division line that is the same as the boundary line between the It-80 Zone Disttict and the M—II Zone District under the Town of. Southold Zone Code. 7, AMOUNT OF LAND AFFECTED: 77 31) +/— I IrdtlapY 1-3n H'/— acres UI1lmalely x, acres 6. WILL PROPO/EO ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANG 1.151:RESTRICTIONS? ❑y„ / ®Ne It No.deacribIsw1ent, The .82—acre parcel contains precisely 35,942 square feet inJthe M—II Zone District where the minimum lot area requirement is 80,000 square feet S. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Other ®Residenaal ❑Industilal ®Commerew ❑Agriculture ❑ParWForezvOpen space oesrnoe: The .82—acre or 35,942 square foot parcel is the only commercial parcel in what is essentially a residentially zoned neighborhood. to, DOES ACTION INVOLVE'A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAUTr---II ®Yea 0 No It yes,list apen"s)and petmrVaoployals Subdivision approval from Town of Southold Planning Board and possibly NYSDEC. r12. A6S S ANY ASPECT OF THE ACT1:.N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El �N'. I yeo.1is, agency name and permlVapproval RESULT OF PROPOSED ACTION WILL EXISTING FERMITIAPPROVAL REOUIRE MODIFICATION? a ONO ._ 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE _ FITF, LLC oast: 09/21/04 ApplcanVsPonaor name: Ste hen L. Ham, III a ent 11 the action is in the Coastal Arca, and you are a state agency, complete the Coastal Assessment Form belare procoeding With this assessment • OVER • APPLICAN* ' TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics piolubits conflicts of interest on the art of Town officers and to ees. The ose of this form is to ro i e IntOrniation. which can ertthe Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same_ YOUR NAME: FITF r I C (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer oremployee has even a partial ownership of (or shares. employment by) a corporation in which the Town officer or employee owns more than 5% of the YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation), B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 21st flay of September,. 2004 Signature: L, •W Ptint Name: Stephen L. Ham III agent r u• . MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUCENT STREET SOUTHAMPTON, Naw YORK 11688 PHILIP B. MATTHEWS (mm-mo.) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 031-287-1070 email:MaHM1amc,0aol.com BARBARA T. HAM September 22, 2004 kSEE2 CE 2 T Mr. Mark Terry — I I f Town of Southold PlanningBoard J 54375 State Route 25 2C 4 (corner Main Road and Youngs Avenue) Southold NY 11971 Southold town , Planning Beard Re: Proposed Minor Subdivision for FITF, LLC (S.C.T.M. No. 1000-009.00-08.00-002.000) Dear Mark: In connection with the referenced application for a minor subdivision, I have enclosed the following: 1. Subdivision Application Form, signed by me as agent. 2. Photocopy of deed from Carolyn Juleen Doherty. (My client acquired the property on September 1 so I do not yet have a deed with the Liber and page from the County Clerk.) 3. Long Environmental Assessment Form, Part I, signed by me asagent. 4. Applicant Transactional Disclosure Form, signed by me as agent. 5. My trust account check to the Town of Southold in the amount of $1,200. 6. Eight prints of the Minor Subdivision Map for FITF, LLC, dated September 15,2004,prepared by CME Engineering, Land Surveying&Architecture, PLLC. Please be advised that I am simultaneously applying to the Board of Appeals for a variance to permit the creation of the proposed parcel in the M-11 Zone District with a lot area of 35,942 square feet. Planning Board Page 2 September 22, 2004 1 understand that you cannot put this matter on your calendar until the Board of Appeals has granted the required variance. However, please review the enclosed documents and notify my office immediately if you believe any further information, documentation or payments will be required before you can accept this application. Very trulyyours, �trH-& , Stephen L. Ham, III Enclosures cc: Mr. R. Dixon H. Harvey, Jr. (w/o enclosures) Jane Harvey, Esq. (w/ enclosures) •LASER FICHE FORM • SUBDIVISIONS SCANNED [SEP 2 0 200) Project Tyoe: Standard Records Management Status: Final Approval SCTM # : 1000- 9.-8-2 Project Name: FITF LLC Location: The parcel is located on the w/s/o Reservoir Road, approximately 365' north of Winthrop Drive. on Fishers Island. Hamlet: Fishers Island Applicant Name: FITF. LLC c/o Black Oak Associates Owner Name: FITF LLC c% Black Oak Associates Zone 1: R-80 Approval Date: 9/10/2007 PLAT Sianed Date: W101off OPTIONAL ADDITIONAL INFORMATION A date Indicates that we have received the related Infoimatim Zone 2: R-40 Zone 3: Cand R's : Homeowners Association R and M Agreement: Address;- County Filing Date: SCAN Date: v INV ce i SubjectZone Change j FISHERS ISLAND SOUND g 'k, L SILVER EEL COVE ti ( j,}Ap "Mow, a }}L Y E O a i 4 `� t v atu£ � m �?ne. 3. y §.t.. MOO , H a t: :Y � f x r °r x N t� +Y, SCHEDULE A ° INDARY ° I LOT 1 s/o1 N/FLAG SCREW I I UNION FREE I ssg ° N CONCRETE SCHOOL DISTRICT I D LINE ° ° I (VACANT LAND) A MAP OUNTY 85-83 ° p CHILSED CROSS '29/88 IN ROCK ° I p I � / /SS 9p• I SC BRASS MARKER v O 0 RANSFORMER AD J p ° i ° A W NYSDEC JURISDICTIONAL BOUNDARY o o I PREMI AS DETERMINED BY NYSDEC 6/18/01 / )I ° 1 FTTF,LLC 1 AUAINR-80ZONE 1 I MISTING wA1 ° I 103,080*SQ.PT. I 2.371 ACRES I I Area landward of ° I CoasralErosion Hazard Line = t I A 53,950 sq.ft. fn ° r^ o �\ \ N N� N JEANN N 0 J � yeti `.y0 ,h APPSOX. LIMITS OF o 0 o nil TIDAL WETLANDS AS .i FLAGG=D BY I. COLE DpP h09p \ & VERIFIED BY G. JUST I gh ,y�• J.M.O. CONSULTING g y 04/02/01 ' \ ?�v 'oma moo. �cAy' I \ NIP 02 sA FTTF,LLC COBBLE ACH ~ 1 �sa� AREA IxMIIZONE �0 r A%'?k ot 40,6701 SQ.FT. 9 P / \ 0.93*ACRES ti0 GpF i" Area landward of Coastal Erosion Hazard Line= 28y501 sq.ft. s\ 14? $� c \ c`osyc CHAIN LINKR01 Gy FENCE PIP, STONE SLOPE _0�'.r�, 2.21 L( E 0 aD e.. i `� •Yp�� Iy�-7 � m III II VIII u"i P NYSDEC JURISDICTIONAL BOUNDARY ° ° III VIII II N/F plllhl/ ," eLTIOOL WTOOT _ . . III IIII II / uxx" MEE i p m LOT 1 allllu t \ b a y� AS DETERMINED BY NYSDEC 6/18/01 I I III / UNION FREE I U c�B� a U B III I I I LAG SCREW mTDm a:4 v=:n. III IIII e IIII I� / w cDNGRE E SCHOOL DISTRICT I 1Jm01 L '` py z,4 333 APPROX. COASTAL EROSION HAZARD LINE (VACANT LANG) IIIIIII �� / , �„ „ y w PER COASTAL EROSION HAZARD AREA MAP III ( \ IIII ` ' 5p m TOWN OF SOUTHOLD; SUFFOLK COUNTY IIII IIII \ "" ����1 j� �` -J ❑❑ r R NEW YORK; PHOTO NO, 41-1185-83 p I I I \ CHILSED CROSS gal) rwV ` / s �`) N N o SHEET 49-FI OF 49; 8/29/88 III IIII \ S�? , 1 IN ROCK - lii� I M U ° ° .I III I � \ 3>'0p\ IIII I �ii> � i i �� ___ / •� � � t� X6 �I cj z' M ° II I I I \ �/ \ deo• / �II1)I I I Iii I r i-! 4 / p I 'I j O 3 m - ROCKY BEAC I I � \ �y X36--�� / BRASS 1111 I I i4 harvax � III i, ', � � FISHERS ISLAND SOUNDCD ADNSFORMER •cwrceuxr p •t1, w / \\� s p ° //// /~�/yJ y�//�j/�• o� I C ( / /\\ I �I �� �' / �� �uR�'^ LOCATION MAP SCALE 1 "=400' v pl ° IIID / //�/ / 7 / � � I \ �� �� / 3 /II �1 i � "xA�• * � ��a / / i 'o \ _ � ,., VA\�\VA\ /vm // ® #1H PERCH�i 2 T "VI M& REFERENCE MISTING WATER MAIN 1 exaRA cmm SILVER EEL COVE \ 1.) SITE PLAN PREPARED FOR CAROLYN J. DOHERTY; RESERVOIR CONCRETE ROAD; FISHERS ISLAND, NEW YORK; DATE; MARCH 23, 2001 ; SCALE: OBSERVATION 1"=40'; SHEET 1 OF 1; CHANDLER, PALMER & KING; NORWICH, CT, z 1 1 1 1 11 I -P&OPOs LOT*2.1 I O Z o o U p 111 1I I �� --A 10 ,900 S.F. W III / p p1111 (2.486 CRSS) I3 `\\� \ \\ o M —� z o KEY MAP SCALE 1 "=100' > W J o Go o> g 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE � w w INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE� w PUEPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR a' LL Of (If EXCEEDS THE SCOPE OF THE ENGAGEMENT, z = FISHERS ISLAND SOUND �j\�✓ 2 \\ \\\ \ A \ I NYSDEC JURISDICTIONAL BOUNDARY N—i - ---1 \ zm 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY \ \ AS DETERMINED BY NYSDEC 6 18 01 IL= / / PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED I LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. �\_gl I �I \ N/F 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND TEST HOLE DATA JEANNE A. MAY SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL WITNESSED BY; RICHARD H. STRDUSE RE., LS. ARE THE PRODUCT OF THE LAND SURVEYOR. i" 'I O £ _ +I I I I, / �� \ \ T.H. N1 4/02/01 o I 1 0"- 6" TOPSOIL 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND pr - I 6"-24" SANDY SUBSOIL GEODETIC SURVEY TRIANGULATION STATION "PROS" J / \ 1 I 24"-10' COARSE SAND/GRAVEL WATER 0 7' APPRO LIMITS OF / I �� 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX ------ Fo I I TIDAL TLAND� AS / TA, /f2 5/31/01 / / \ MAP 1000, SECTION 009, BLOCK 8, LOT 2. I I I & R FG DD BY I, FJOSE / i APPROX. ZONE LINE 0"- 14" TOPSOIL Pn I BY G. "u, /� / �A� -1p 14"-32" SANDY SUBSOIL J.M,O. CONS TING / 2 / `SS� O 32"-56" SAND 6.) TOTAL AREA = 3.30± ACRES. 04/ 2/01 I /t/ 25•� \ nj / eSia �O '9 56"-13' SANDY TILL WATER ® 96" 7,) SITE IS LOCATED IN M-II&R-SO ZONE. o \ \ / Nom, / �• Ok \ a•/3 MORE COMPACT TILL ® 96"3 z 8.) OWNER; FITF, LLC p N 9 I COBBLE IRONf.3 C/0 STEPHEN HAM III, ESQ. – o 0 BEACH 55 5 6g� ON PIT\ .9 \`— PIPE , p� SOUTHAMPTON, N.Y. 11968 – a �5--� (V BE Sill) \ Q kd > 2 9.) TOTAL LOT YIELD: w\ \ \ \ J�ROPOSED\LOT .2 N�Ss� \ LOT 2.1 = 64,570± S.F. (1 .48± ACRES) O \ AREA=35,942,+- S.F. a+- k ��\ DETAIL LOT 2.2 = 26,935± S.F. (0.62± ACRES) _n1J / s (0.82 ACRES) �'/o�tic (NOT ro SCALE) POLE \ / \ �S• C} \ q #'308 O STP z os IRO ro I" n N � '02. PIPE STONE SLOPE > 25 \r1,011 \ \ 0 0 % J EGEdQ m N w LOT 3.4 m $ / N/F NOW OR FORMERLY MICHAELNCOLLYER & \ — S.F. SQUARE FEET o o y " � SANDRA COLLYER — 20 — EXISTING CONTOURS o o 0 E, w R w \moi IRON PIPE 2 FAMILY m o o v QUALITY CONTROL CERTIFICATION SILVER EEL COVE SINGLE MUNICIPAL SEWER INCE \ FENCE GROUP REVIEWED DATE DILAPIDATED MUNICIPAL WATER \ . /YYWI . TREELINE DATE: 09/15/2004 PROJECT MANAGER G -Y , DOCK \ ft1 EY SCALE: 1 = 40 SURV 40 20 0 40 ENVIRONMENTAL CIVIL \ \ \ GRAPHIC SCALE IN FEET SHEET STRUCTURAL ARCHITECTURAL \ \ 1 OF 1 FILE 14693 \