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HomeMy WebLinkAboutFITF, LLC (Silver Eel Preserve) . 1000-9-8-2.1 (f/k/a lOOO-9-8-p/o 2) Baseline Documentation . Premises: No # Reservoir Road Fishers Island, New York 2.36 acres Open Space Acquisition FITF, LLC to TOWN OF SOUTHOLD Deed dated October 18,2007 Recorded October 31, 2007 . Suffolk County Clerk - Liber D00012528, Page 547 . .. .,. - - --- .,,~ ~ . "" " . SCTM #: 1000-9-8-2.1 (f/k/a lOOO-9-8-p/o 2) Premises: No # Reservoir Road Hamlet: Fishers Island Purchase Price: $770,000.00 (per contract) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes . Total Parcel Acreage: 3.29 acres Lot 1 created: 2.36 acres Lot 2 created: 0.93 acre Zoned: Lot 1 = R-80 Lot 2 = MIl rezoned R-40 Existing Improvements: In September 2007- Paved drive on Lot 1 . ill -, -- ; .1. 'I. f.r I' I PROPERTY DESCRIPTION AND MATTERS OF RECORD, continued Location Fishers Island is located from three to five miles south of the Connecticut shoreline, between Groton and Stonington. The body of water between the island and the Connecticut Shore is known as Fishers Island Sound; the body of water south of the island consists of Block Island Sound. The island is about seven miles in length, with an average width of less than one mile. The majority of island, known as the east end, is private with limited access and contains mostly seasonal homes. The west end of the island contains most of the year round residents. Access to the island, other than by private boat, is available by the Fishers Island Ferry, which runs several times daily from New London. A small airport on the west end of the island is available for private or charter service. Although closest in proximity to Connecticut, Fishers Island is part of the Town of South old, New York which is located on Long Island. There is no direct public transportation between the two islands. This results in the island being removed from many of the political concerns of its legal township. The main commercial area on the island is at the corner of Equestrian Avenue and West Street, located on the west end of the island. This area is improved with four mixed-use buildings with retail store-fronts and apartments above, the Post Office, Utility Company and Fire Department. The shops provide services to the local residents, however, most are open only seasonally. The only other significant commercial property on the island, other than a few small shops, is the Pequot Inn, two gas stations and the Fishers Island Village Market. The subject property is located on the west end of the island. This end of the island contains the commercial areas, Ferry Dock and Airport. The subject property is located within a close distance to neighborhood conveniences. Typically the east end of the island has been more desirable with increased privacy and higher values, however, the west end has been increasing in appeal due to its proximity to neighborhood conveniences. Property Description The appraised property consists of a 3.30+/- acre waterfront site improved with an old industrial building and is located on the west end of Fishers Island. The building on the site was used as a warehouse and contains 1,196 sq.ft. The building is in inferior condition and contributes minimal value and was not accessible at the time of inspection. The site has approximately 480 feet frontage on Reservoir Road and approximately 930 feet of water frontage on the Fishers Island Sound. The site is elevated and provides excellent water views of the Fishers Island Sound and Connecticut shoreline to the west and north. Most of the water frontage is rocky but there is a small beach on the south end of the site along with remains of an old dock. The south end of the site has water frontage on Silver Eel Cove. The site was overgrown at the time of inspection which limited the site inspection, the attached surveys and environmental studies are rclied upon for the description of the property. The site has a small area of wetlands along the shoreline in the southern section of the site. These wetlands do not appear to have a significant impact on the property. The site is serviced by community water and would requlrc an on-site septic system. The majority of the site is locatcd in Flood Zone X per Flood Insurance Rate Map 361 03COOI9G, dated 5/4/98. The immediate shoreline of the subject is located in Fiood Zone VE, however, due to the elevation of the site this flood zone does not impact the buiidabk ari~a. . P R o P E R T Y . V I S U A L S . .," uulPL rJ] C t:l:l t;l ('"'J ...., t'"' o ('"'J ;I>- ...., ..... o z ~ ;I>- ~ FISHERS ISLAND S o U N D WICOPESSET LO O NORTH OUJ.lPUNG (UUfwoutD DUS~~~Gt:J ~ rur HAl.lJ.lOCK """- ... H"iDLNc.I "DiN s o tl tl p 1> s t> \ 'f.. FISHERS ISLAND SUFFOUC COUNI'Y, N. Y. c 0/4& !J' o RaooPL ~ t> LLCU.o -..-- -~- I I. I \.- "'~--'--""'-'-'-' .,-.=~.~,==,..=.,_._-,-_._._".,_.-. -,"". ------"...,.,--,._- .-.-----._.__..___.___..m...___...._. ...'........_.,._.......__.......".._ I I I I I I I I I I I I I I !lotHo. I IBlotkl&dQ,No. (21) '~I!)..;;J;.:.,.~,~_ ~:_,;,__~,~,,~^, TAX MAP ~ !f} ~ 4:. '"' Block L1l11lt 8lockNo. "" 2.3Mcl . . ~ . . . 3.t 3.tMel ( Ii ~ ff.>~';~' \l~ SG' "~ 'W, ., \t::!J --0_- SctloDlblstrl~t Ul'lI! - - 5CH - lIydrmf Olatrl~t Uno - _ H __ FIre Dlstrklllne - - J: - - Refuse !llstrlct Lrroe _ _ R __ later O\Iltrlct line - - w- - _HI~to"lcaIDllt"'lct:L1nt _ HSoT __ UNLlO:SS. ARE WI! SCHOOl --, f:lt, ",I un I I o I I. I I I I I I I I. I I I I I I I I. I .' . \ "', ...... ...,.f..... ...... .,..... -,>'$,:'" ',' ~"'.~:.;/ ;' .~ <j.:.~;.':: -( . ..--: . . .~. . "<',", .1 , , Stony Beach L .~. .. . .....;..;-.... .,. #,"'" Hay . ,0 3 ;;, ~ Harbor' \"~ .. . . II ' .,."<:' ., ..7" \' . - " ,:-' ' ....... . ':I! \- tv.. .<' .' ,>=-~., '\ . ........."", -4~ ,. ~~ ,'0'",:,11\ ' ",~ ..\~ ~"j" " '. '" .. ,\\' .. ~ ,/~,-- Silver Eel 60'00' i ~ 8'M ' <" "\,, ....:;/{.";...-: ...\ .... 65 ........... ./.:\ ,<""'" . ~'. -' .-. .....- -'" \ . tJ S COA~iAtJ~AaD,. ," / ~.:;~ '~l';';' ..' ~;~:~:>~ . ../: .. ~.., I!~ . ~,.~.", ~.. _,'.. .l".. ~. .... '-"'.'.';' :.'.~.."", ~.. '. :'. , .~~;~ ;.',', ,~: "._~. " ' ,', .,~ ", \ C,... "'.,: ;:,<:..');,~ f'tl~ ~.>=. ,'. l;~~.V~_ ," ,...... ';~ .-:, 1\' *.'to ' '" .~ . ). .. /.' /. . /. :..... .~;.--:---< '.', f) "', \ , .. , -.. ." Elizabeth Field "*".. :f)' .~ .;' . . >( BM), 28 ___.L~.._.___._;_...:""'_..._ _1._. b'_ __\..._+____~_ '0" .Ai",' !, ';Jo. 2 3 iV1D8g.1605 ~:l.!tijl.e,' ':":, _ l.'O, All Right' R';l(ved Not F,)fN""~lI/ltn Mn ~." I' T IN V 1 B: . TOPOGRAPHIC MAP / . .. . . . I I . . .. I . I I I I . -. . I f J ~ u- '8/"'-' I NAUTICAL CHART I FLOOD MAP <:> InterFloo~..nm. www.lnterflood.com . 1-800-252-6633 - ,- vrces. System ina10r at th. ON 19.\.] and U~~ ct.1nl. 15 rQUI'lG , l'tCll.UUHel.y ,;It z:o;ld u'.; '1lI6t of 1...4111~ I feet nor;tb et l.ead1nl. [J Prepared for: G. B. Erb Appraisal Company Reservoir Road Fishers Island, NY 06390 ZONE lEI. '11 For more information about tlood zones ;md flood insurance. contact: Powel"E!d by FloodSource a77.77.FLOOD www.tlood;;;ouroe.com @1999-1001 FloodSource Cor. U.S. Patents Pendln oodsource.com, I SITE SURVEY I I - --=~~ 4_ -.lDST....~~~ ~COosDI..--1lITCU(0CIl.Jfl"r ~~':~-~,.. -- COT' "IF ~a~ ~-- I -- "- I I \ ISLAND SOUND FISHERS I I I, ....... \ I =---0- \\\ \ \ \ \ , \ '..' \~, \,. ',----- " "- -- -- SILVER EEL COVE KEY MAP SCALE 1" 1 00' , - - - . - - - 1 - - - > t"l ~ - > t"" "ll :: o .., o rIJ - - - - -.- - - - " , "'~'~..~~ .. ~ . . " ~ r1! ~ i/~;~ . .# '. , M'i ~ '-. !II ..J Reservoir Road Looking North Reservoir Road Looking South . .. . . . . . . . .. . . . . . ' . . .. . I Ie I I I Looking Northeast into Site from Road I I I I Ie I I I Looking Down to Shore From Site I I I I Ie I 1 Test Hole Looking Up at Site from Waterfront 1 _I 1 1 1 1 1 1 1 -I 1 1 I 1 1 1 1 1 -I 1 I I. I I I I I I I .. I I I . . I . .. I Looking Over Site to East Side of Silver Eel Cove View over Shoreline to Old Dock on Remaining Land (not included in appraisal) .".,,,.J ~ I - - - - =i':E o l:O 3 it ="" C'< ::j ;;j" :l; - - - - - - - Zt""CI>= Q==-- ::l. 0 0 = =-c.~::j = :: l:O I1Q = = '" Q. ,I -r.mrr- '/IPiw, ,II ':<1 I J,\!r'v 'II \ "Y\" · fl.~l.:;;;j to, '1; J~ , ! ll:'1' IIi ( t~li~ I I jl I - - - - - -- - --- - I I. I I I I . . . .e . . . . . . . .. I . L Looking Over Site from Waterfront to Houses on West Side of Reservoir Road View of Old Dock and South end of Site From Ferry -, View of Site From Ferry View of Site From Ferry - .- - - II I ! I I I ! I -I I I I I I I I .1 I . August 9, 2006 - Fishers Island (views from ferry) FITF, LLC property, SCTM #1000-9-8-2, Reservoir Rd at Silver Eel Cove ~ ..'-- ---'~------------ I I . ....~.. ~,~4 ~~":-.- _.,~-,.. .;~ ;::~,.;::---::- -- "... ....:;:"l';:--- "'--:-......- _ ~ ~ '_~,...:~_ a-:...*"t~~;~. _ .....; _. view of Mil zoned portion of SCTM #1000-9-8-2 showing environmental cleanup in progress r . t~fi;#-;T;';iX.,,~,;'r-~':'\;, ~,;.~,_:~. - - ~';'':''';''~~'~-_..,.....,-,~');......-:<<..&;'"~ . -< '~ ~-~"'-"s.. ,;-'~''.<''''''.-:f:~~._;:s.~~"".:-".:.....~...;.-_...-.......... -- , '~~~";;:;;;''''''''';,';''\ii~~~~ ' "-_'..",; )~_ ...-'......~.....c:: .-. .... '.....- -"=:~~'....~ . ,;~ ,how;o, Mil ""d portj",-,,'_SCTM '.!!'~OY3c2 'od~"'''"'~.!l:80 ~"~l I I . 1" ~:,~\o.--'=;" ~~~. ...,0;: -~~ Mil zoned portion of SCTM #1000-9-8-2 (boarded-up house included) . . area around FITF, LLC property - SCTM #10_00-9-8-2 . upland view of R-80 zoned portion of SCTM #1000-9-8-2 . . . waterview from ferry of SCTM #1000-9-8-2 (boarded-up house included) ----- - I . I SUBJECT PHOTOGRAPHS View of Land from Reservoir Road View of Land from Water I -, :=~"::~- I . I ~I 4 I SUBJECT PHOTOGRAPHS, continued Street Scene: Reservoir Rd., Facin Street Scene: Reservoir Rd., Facing North, Subject on Left In rI II~ ) ~z>~~oz~~z~<~ oo~~~<~~ . . . .//-- . . . Page 1 of 1 Subj: RE: Dixson Harvey Preservation Status Date: 7/17/20077:45:38 AM Eastern Daylight Time From: Melissa.Spiro@town.southold.ny.us To: Huntira@aol.com GG: Dixon@BlackOakUSA.com, Melanie. Doroskl@town.sou\l1Gid.ny.IE Sent from the Internet (Details) Hi all, thanks Ray for all the info. Last week, after Pat Moore submitted outstanding info to HD, I asked Anthony to follow-up with HD to see what could be done to keep this moving. At this point I believe it is up to the Planning Board scheduling final approval once HD is received. I'm pretty sure that Preservation is ready to close once PB approval is granted. (Melanie - please review status) Thanks, melissa From: Huntira@aol.com [mailto:Huntira@aol.com] Sent: Mon 7/16/2007 4:47 PM To: Spiro, Melissa Gc: Dixon@BlackOakUSA.com Subject: Dixson Harvey Preservation Status Reference: Dixon Harvey Land Preservation; Spill #0408589 on SGTM# 1000-9-8.2 Early last week (7/10) I spoke with Nick Acampora at NYS DEG in Stony Brook. My objectives were to ascertain his satisfaction with the remediation activity, to encourage a stipulated agreement, to see what might expedite closure and to understand when closure could be expected. I found that Mr. Acampora is comfortable with the remediation action plan and data generated, as long as data are promptly supplied. He is encouraged by the trends and sees no procedural problems. But, he does not envision early closure and prefers to look at the data in October with an expectation that it may allow a 3 month shut-down of the remediation apparatus and re-sampling at year's end. If TAGM limits are achieved at that time, closure is possible - perhaps with some follow-on sparging for good measure. This scenario would forecast spill closure in the first quarter of 2008. Mr. Harvey would, of course, like closure so he can fully use his land. I could see no reason the subdivision and land preservation closing can not proceed and culminate independently of remediation/closure, but asked if Mr. Acampora concurred. He concurred but said that in any event the DEG would require continuing access to monitoring wells on both the part of the parcel that Mr. Harvey would retain and on the part preserved......... I spoke with Dixon Harvey today. We discussed some of the above and he said as a result of dialog to date he had become comfortable with a contract closing prior to spill closure. He mentioned that the septic system data has been supplied. The focus now is on finishing up the subdivision and getting the papers ready for the closing. He will be at Fishers Island for the Town Board meeting on 8/8. Perhaps at the meeting it will be possible to announce our readiness for a closing later in August? Regards, Ray ************************************** Get a sneak peak of the all-new AOL at http://discover.aol.com/memed/aolcom30tour Tuesday, July 17.2007 America Online: Huntira II III In m Ii 9.0 CONCLUSIONS Triton Environmental, Inc. has prepared this Phase I ESA for the Doherty property, located at Reservoir Road, on Fishers Island, in the Town of South old, New York. Based on the historical sources researched during this Phase I ESA, the site appears to have been developed by the Gada Fuel and Service Company in the I 950s. Gada used the site for the loading and distribution of fuel oil to island customers for approximately 30 years, from approximately the late 1960s through 1990. The Gada Construction Company occupied the site and used the on-site building for building materials painting activities for approximately three (3) years from 1990 through 1993. The following areas of environmental concern (AOCs) were noted during the completion of this Phase I ESA: . The former locations of the six (6) former aboveground fuel oil tanks located in the southwestern portion of the site; . The former location of the truck loading rack; . The former location(s) of the barge off-loading piping; . The former location(s) of the underground transfer piping; and . The former use of the site building as a building materials painting facility. It should be noted that a written ForA request was submitted to the NYSDEC requesting available files pertaining to the site. At the time of this report writing, a response from the N'YSDEC has not been received. Given the site usage it is likely that records of environmental concern will be identified in these agency files. However, if information is received that would alter the conclusions of this report, the report will be updated. Phase J En'.'ironmental Site Assessment Fishers lj!and He,,'v' York Octoher 2003 Page 16 II 5.0 SUMMARY AND CONCLUSIONS This Phase II ESA consisted of the advancement of nine (9) soil borings, the installation of three (3) groundwater monitoring wells, the collection and analysis of nine (9) soil samples, and the collection of and analysis of three (3) groundwater samples from newly-installed groundwater monitoring wells. The soil and groundwater analytical testing data obtained during this investigation has been compared to the NYSDEC criteria (T AGM #4046), which have been used as guidance values. Conditions were determined to exceed NYSDEC soil and groundwater criteria in three (3) sample locations within the former tank area of the site as described below: I. Aromatic VOCs were detected in excess ofTAGM criteria in the soil samples from three (3) borings (B-2/12-14', B-3/l2-14', and MW-1I11-13') installed as part of the Phase II ESA. PARs were also detected in each of these three (3) samples at concentrations below TAGM criteria. These borings are all located within the vicinity of the former aboveground fuel oil storage tanks, previously located within the southwest portion of the site. Therefore, the source of the VOCs detected is likely historical surface releases of fuel oil within this portion of the site. As shown on Figure 2, VOC and PAR impacts to soil beneath the site appear to be limited to the former fuel oil AST area of the site. 2. Aromatic VOCs were detected in excess of"NYSDEC groundwater or NYSDOH drinking water criteria in the groundwater sample collected from MW-1. PARs were also detected in the MW-I groundwater sample at concentrations below NYSDEC and NYSDOH criteria. MW-I is located within the immediate vicinity of the former fuel oil AST, previously located within the southwest portion of the site. Therefore, the source ofVOCs and PARs detected in the MW-I groundwater sample is likely historical surface releases of fuel oil within this portion of the site. As shown on Figure 2, VOC and P AH impacts to groundwater beneath the site appear to be limited to the former fuel oil AST area of the site. --~'---'-----"- Doherty Property - Fishers Island, NY Phase lJ Environmental Site Assessment ----- ------ ..--------------- -----.--.----- Novemher 2003 Pag:, j 1 Ir \ . . . . . . . . . . FISHERS ISLAND SOUND . . . ~ . . , . ~ 1. THE BtSE t.W' FOR lHlS DRAWING --.s TAKfN FROM A MAP PREPAVED BY CPK. DATED 3/23/01 AND lAST ~ 7/2/01. z.. SITE IS IN THE TOWN Of SOUTHOLD. COUNtY or SUff'OlK. TAX MAP 1000. SfCTlON 009. BlDCl< II, Lor 2. 3. SITE IS 10 BE SEJMCED BY MUNICIPAl. WATtR 1HJ ON-SI1E SEWAGE DISPOSAl S"I'STDI IN COWf'll,tHCE WITH THE REOUIRDIDfTS OF lHE SUFfOU( COUNTY OEPNmlENT OF HEALnt. .... SITE IS IN "-11 &: R-80 ZONE. 5. TOTAL. Nf[A:. 3.29% ACRES. e. OWNER: Conllyn Doherty. End of Hedge str'wt. f'iaheR "nd. N.Y. oeJ9O (518)788-7251. 1. THE LOCATION Of ..u STR\,JCTLMS. EQUlPWEN1'. DEL.>>4fATlONS ~D OTHER FEATURES PRESEM'ED ON THIS DAAWING SHOULD BE COHSlOERED APPRO~TE. THIS 0RAWlNQ stKlULD ONLY B[ USED FOR GENERAL PRESOITATDf PURPOSES AND SHOULD NOT BE usm FOR CONSTRUC1'J(JN PIJRPOS[S. TRITON MAKES NO WARRNm' AS TO THE CORRfCTNESS OR THE COWPt.ETENESS Of THE l'*ORMAllOM CONTAINED IN. THIS ~ oN<<> THE IJS(R ASSt.JI.lES AU.. RISK Of lDSS TO PERSONS ~D PROPERTY FROW REL.WK:E THEREON. CURRENTLY UNDEVELOPED LAND :, \ , " )' , 0-80 1.1-11 , i' '", , == ElEY. "fF _._~{;-'- ,. .' .... ........ ,..., , _.- "-,-..... .___-1~i5 , CJJlO ---- . . 1 ---~."!/. _,~ _ _~ 10 I .,1 + RESIDENTIAL. i'j " , IS1ING WATER....... ~, ; ". \1 1 .- ~ i I ~ 'eURRM Y 'UNOEVEl..OPED lAND j l' . ..., \ --20_ ~ _ /r '. '-r., '~ , , ~ )-~ 01,. --,_.-, '.!;' RES1DENTW... , '. ',\ _e_ " '. -..... -"~, ! '-, --.. ..... \ / \ I , I ! \1 " ~ / " .~ RESIDENTIAl SILVER EEL COVE ." \ \ , ( IN FEET ) 1nch-BOfl APPROXIt.4 ATE SCALE ~ i l ~ >. ELfVATlllN NOW OR FORNERlY EXISl1NG TOl'OGlWIC C<lNlllURS (SURf'.oa) INlAND WEIlNlOS RESllJEJ<TW. ZONE INOUSTRIAl/COtiIIIERCIM. ZONE PllOl'EI<IY LH: INSTJUED SOl. BORINC lDCA110N (INST.um 10/10 1HROUCH 10/17 2003) INSTAI.I.fD WONITORING WElL 1.DCA11ON (INST.tUED 10/10 1HROUGH 10/17 2OOJ) APPROX. EXTENT OF sea. N<<J GROUNDWAlER WITH CONCENTRAna..s EXCEEDING N'rDEC CRITERIA TRITON ENviRONMENTAL, INC. 741 Boston Post Rood. Suito 101 Guilford, Connecticut 06437 (203) +58-7200 FIGURE 2 SITE PLAN SHOWING APPROX. EXTENT OF SOIL AND GROUNOWATER WITH CONCENTRA nONS EXCEEDING NYDEC CRITERIA 160 I DOHERTY PROPERTY RESERVOIR ROAD FISHERS ISLAND. NEW YORK DRAWN BY: W.H.M. ..,., 10/'+/03 F1lE No.: 101768 ,^,- . p U B L I C . H E A R I N G . Town of Southold - Letter I Board Meeting of July 25, 2006 RESOLUTION 2006-645 ADOPTED Item # 28 DOC ID: 2044 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-645 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 25, 2006: . RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesdav. Au!!:ust 9. 2006. at 1:50 p.m.. Fishers Island School. Winthrop Drive. Fishers Island. New York as the time and place for a public heann!!: for the purchase of open space on property owned bv FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and Mil zoning districts. The proposed acquisition is for fee title for approximately :1:2.4 acre (subject to survey) of the :1:3.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion ofthe lot the Town is to purchase from the Mil portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining :1:0.89 acre portion ofthe property that is currently in the Mil zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, . Generated July 26, 2006 Page 36 . . . Town of Southold - Letter Board Meeting of July 25, 2006 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 South old, Section 117-5, the Land Preservation Coordinator and the Town Board have detennined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I.IJ"~Q_:U.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans Generated July 26, 2006 Page 37 LEGAL NOTICE NOTICE OF PUBLIC HEARING . . NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board ofthe Town of South old hereby sets Wednesdav. AUl!:ust 9, 2006, at 1:50 p.m.. Fishers Island School, Winthrop Drive, Fishers Island, New York as the time and place for a Dublic hearinl!: for the purchase of open space on property owned bv FITF, LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately :102.4 acre (subject to survey) of the :103.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining :100.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. . As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. . FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and maybe examined by any interested person during business hours. Dated: JULY 25, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Nevill e Town Clerk PLEASE PUBLISH ON AUGUST 3. 2006. AND FORWARD ONE (!) AFFIDAVIT OF PUBLICA nON TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney . . / . SOUTHOLD TOWN BOARD PUBLIC HEARING August 9, 2006 . COUNCILMAN WICKHAM: This is a public hearing at which any member of the public is entitled and welcome to join and address the Town Board on the subject that I will read as follows.: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesdav. AUl!ust 9. 2006. at 1 :50 p.m.. Fishers Island School. Winthrop Drive. Fishers Island. New York as the time and place for a public hearinl! for the purchase of open space on property owned bv FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately "=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 MIl 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 MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer of Development Rights) of the Code ofthe Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. SUPERVISOR RUSSELL: At this time, would anybody like to come up and address the Town Board on this public hearing? Melissa Spiro the Land Preservation Coordinator. . MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. There are two hearings today. One is in regard to the FITF property for the open space purposes and the . other is in regard to zone changes. This purchase hearing is now on the land acquisition. It is a fairly complicated but I believe a significant open space purchase on Fishers Island. The property involved in the land preservation application is owned by FITF, LLC of which Dixon Harvey is one of the owners. I have been working with Dixon, so I am going to refer to this as either the Dixon or the Harvey property. The total area of the Harvey property is approximately 3.29 acres. The lot is split zoned, approximately 2.4 acres located on the north side in the R-SO zoning district and approximately .9 acres in the M-Il district. That property is on the south side of the property. The Harvey property contains uplands, rocky beach, land within the coastal erosion hazard line, tidal wetlands and an existing building and a dilapidated or somewhat dilapidated dock. Both the building and the dock are located in the M-Il zoned area. The M-Il zoned portion of the property was used years ago as a fuel oil terminal and oil tanks were located on the property. The tanks have been removed and remediation to remove contaminated soil is under way. The land owner has supplied the Land Preservation Department with extensive environmental reports including a phase II environmental site assessment. The Town open space purchase involves the 2.4 acre R-SO zoned portion of the property only. The Town's acquisition will include all of the existing R-SO zoned property in addition to any land shown on the survey as a 'cobble beach', the beach area sticking out into the harbor. The open space purchase does not involve the currently M II zoned portion of the property. The Land Preservation Committee commissioned an appraisal for the residential portion of the property and made an offer to Dixon Harvey to purchase the property under the Town's Land Preservation Program for open space purposes. Dixon made a counter offer back to the Town which was slightly unusual and also slightly lower than the Town's offer and the Town accepted his offer. The purchase price is $770,000 which is below the fair market value of the property and is thus considered a bargain sale. A contract has been signed by the landowners and is pending Town Board resolution for the Town Board to sign and execute the contract. The contract is subject to and contingent on several conditions and I will briefly explain these conditions: Since the Town is purchasing only a portion of the property, the existing R-SO zoned area, this portion needs to be separated from the existing M-Il zoned portion of the property. This requires subdivision approval from the Town's Planning Board. The preservation acquisition is therefore subject to subdivision approval. The lots within the proposed subdivision do not meet the minimum lot area requirements of the zoning code once unbuildable lands are excluded. Therefore, in order for the subdivision to proceed, an area variance from the Zoning Board of Appeals will be necessary. So the land preservation application is subject to ZBA approvals. The subdivision process and perhaps the ZBA process will require other approvals, such as Health Department, DEC etc. So the preservation acquisition is subject to all those other agency approvals. During negotiations with Dixon in regard to the preservation acquisition, the Land Preservation Committee had concerns about what was going to occur on the M-Il portion left out of thc preservation acquisition. Dixon and his family volunteered some restrictions on future use of the property: There is an existing building on the M-Il zoned portion of the property. It was agreed that any future residential use of the property would not cxceed 1,296 square feet, the size of the footprint of the existing building. Relocation will be allowed, but the structure will not be allowed to exceed the 1,296 square feet. An attached open, covered porch will be allowed in addition to the 1,296 . . . square foot footprint however, it will not be allowed to exceed the 10 foot by 35 foot in area. In addition, any second story will be reduced in size by the square footage applied to the covered porch. The height of the dwelling will be limited to 28 feet at the peak. No detached accessory structures will be permitted on the property. There is an existing dilapidated dock on the property. The existing dock may be reconstructed and altered in accordance with regulatory permits but will be limited to 4 private residential slips and will not be used for commercial purposes. In light of the land preservation application and all of the conditions volunteered for future use of the M-II zoned portion of the property, it became apparent that the M-II zoned portion of the property should be rezoned to a residential zone. The zone change hearing after this hearing involves the zone change of the M-II portion of the property I have been discussing from M-II to R-40 in addition to a zone change from M-II to R-40 on the separate adjacent property to the south. There is also a separate parcel that is also owned by the Harvey family and that is also zoned M-II, that is adjacent to that, it has an additional house on it; that parcel is also subject to the hearing, the next hearing. The aerial map up front, I don't know if you can all see it from where you are but it shows the zoning code parcels and the other map shows the land acquisition. The Land Preservation Committee reviewed all of the conditions and was in favor of proceeding with the preservation application subject to the conditions. The restrictions in regard to the future house and dock will be recorded within a Declaration of Covenants and Restrictions for the portion of the property not involved in the preservation acquisition. The way this is set up, the land preservation acquisition will not occur until all conditions are met. So, like I said earlier, this is a fairly complicated acquisition as the land preservation acquisition is subject to all of these but I have faith that it will all be able to be worked out and we will come to completion with them. The Town will be using Committee Preservation funds to acquire the property. Once acquired, the use of the property will be limited to passive recreation uses in a manner consistent with the environmentally sensitive nature of the property. We have to work out all of the details, but it is likely that stewardship and management of the property will be funded by the Community Preservation Fund and a stewardship agreement will be developed between the Town and the Ferguson Museum. A management plan for the property will be developed with museum involvement. The Committee and I both feel that this is a significant preservation acquisition for Fishers Island. You all know Fishers Island much better than I do but I do know that this property is extremely visible to all entering the island via the ferry. Preservation will ensure that a house is never built at the entrance to Fishers Island and will allow for passive recreational use of this property. I thank the landowners, who are all here and sitting in different places in the audience, for participating in the Town's preservation efforts and I look forward to working with them to complete all the necessary steps in a timely manner. Both the Committee and I recommend that the Town Board proceed with passing a resolution to purchase this significant property. Thank you. . / SUPERVISOR RUSSELL: Would anybody else like to comment on the acquisition? . PAT MOORE: Good afternoon, Patricia Moore, I am the attorney that came on board and T thank you for the opportunity to come before this Board. I represent Mr. Dixon Harvey and thc LLC and it has becn a rcally challcnging application, I know that it is . going to take a group effort of municipal and owner cooperation. I feel that my job is going to be to move papers along very quickly because we all have the goal of completing the task within a certain period of months. That, we want to thank Melissa, her creativity and the Board's willingness to be creative with respect to this acquisition is making this possible and I think overall it is going to be a very worthwhile project. I thank you and I hope that if the Zoning Board (inaudible) I know Mr. Harvey is certainly available and can show them the property. Thank you. / PETER BURR: My name is Peter Burr, I am a member of the Land Preservation Committee of the Town, I am also the coordinator for Fishers Island. I just wanted to re- state what you just said previously. I have worked very closely with Melissa and the Committee and this is our first access to the Community Preservation Fund. It is a tremendous situation and we are very grateful for the Board's support, very grateful for the Committee's support and all of the Town, we have 100 % cooperation. So we thank you on behalf of Fishers Island. SUPERVISOR RUSSELL: Thank you, Mr. Burr. Would anyone else like to comment on 'his acquisition? (No response) Hearing none, can I get a motion? * * * * * . [1+~Ort'MII., Elizabeth A. Neville Southold Town Clerk . . S E Q R A . R E S o L U T I o N . TOWil of Southold - Letter Board Meeting of August 9, 2006 RESOLUTION 2006-685 ADOPTED Item # 2 DOC ID: 2073 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-685 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9, 2006: . WHEREAS, the Town Board of the Town of Southold wishes to purchase property owned by FITF, LLC for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as part of SCTM # 1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 zoning district. The proposed acquisition is for fee title for approximately 0102.4 acres of the *3.29 acre (subject to survey) parcel that is located within the R-80 zoning district. The acquisition is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R- 40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property; and WHEREAS, the portion of the property that has been offered for sale to the Town of South old is open space waterfront property. The property is listed on the Town's 2006 Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The property is to be purchased for the purpose of the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, undeveloped beachlands and shorelines; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form . prepared for this project is accepted and attached hereto; and, be it further Generated August 15, 2006 Page 3 . . . Town of South old - Letter Board Meeting of August 9, 2006 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the mviromnent and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. a,"II'.fCl.Zf~~' Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated August 15, 2006 Page 4 . 617.20 Appendix C state Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTlONS Only --r -- ~ CO~ PART I-PROJECT INFORMAltON (To be completad by Applicant OR Project) Page 1 of 2 . 12 PROJECT NAME' V?""~j'''' '':'...".S(T....... --.- 1. APPUCANT ISPONSOR: Southord Town Board . . FITF~l.('c. 3. PROJECT LOCAltON: SV<"FOL\"; Municipality: Fi&hers. 'I6\'1"~ I So",,",o'-t> "Io"'N County: 4. PRECISE LOCAnON~ (street address and road Intersections, prominent landmarksr ete, or provide map) ?c.TTtI""-/ooo. 9. 9 - 2- t.....ro.ilZ. ~~ <01 Si \,,' Gd c..~ J 1=isl.,ro;. 1:.s\"","~. tWo~. 500' ~I"""'" . \"""""~c'\'l"" .{ ~tl>#(o.;n. ~& Wi ""-'.1" \)( \"'-t . 5. IS PROPOSED ACTION: I)l New 0 Expansion 0 Modification . -----= . .~~--- 6. DESCRIBE PROJECT BRIEFLY: .;I. Ii'::. .",f"' ~ o.{: ~'-"'"f\ oye" "'f'C-<.t "'",,,,,; +\"" ok- ~.29 'Ie" 1"',<,,\ . 7. AMOUNT OF LAND AFFECTED: ;l. ..t- . --~~-. ~~ INITALLY ~."of'l:: acres ULTIMA TEL Y acres C"' ---, 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? r5?J Yes 0 No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? l'5l' 0 D 0, 0 1"1 f;~\Y.<, 'Y..~ Residential Commercial - Industrial Agriculture Park/Forest/Open space Other "H''1 DeSCrIbe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes OJ No if yes;. list agency(s) and pelT/III/approvals l.",~ t....."" o."'.....c.R . 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? Or f5'l if yes, list agcncy(s) and permif/approvals Yes No - . .'-'- 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? 0 Yes J)< No .-------."--~ -..---- ---------._---"-_._---~,~------~-----~------~._--._----~-- ~--~-- -----._--._--------- ------ ~--- -. " --.--. i I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE . -Sr--,r9,J-<<-",,--wu.,-ic>~_._ _ LJ"tc._8/?J1 ()\, __ SignatLJrc_ --- --- ---------------- If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment . . . t PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 o Yes ~ No If yes coordinate the review process and use the fiJ/i EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? Dyes 5iI No If no, a negative dedaration may be suspended by another involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing aIr quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or diSPOS~I~otentlal for erosion, drainage or flooding problem? Explain briefly: Q. Aesthetic, agricultural, archaeological, historic or other natural or cultural resourcesi or communIty or neighborhood character? Explain briefly: ~o (3. Vegetation or fauna fishes shellfish, or wildlife species, signIficant habitats, or threatened or endangered species? ExplaIn briefly: 10.. C4. A community's existing plans or goals as officially adopted, or change In use or Intensity of use of land or other natural resources? ExPfa~:jefly: CS. Growth, subsequent development, or related activIties likely to be Induced by the proposed action? Explain briefly: po C6. LrJDterm, short term, cumulative, or other effects not Identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WIll THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERlCS THAT CAUSED THE ESTABLISHMENT OF A CEA? o fli! Yes No E. IS THERE, OR IS THERE LIKelY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? rn ~~:~~~N_O._.~.~.~.~_~~~_~__~~~~._. .. ...... _~~_~.~._~_~. PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUQ'IONS; For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should I be assessed i~ connection with its (a) setting (Le. urban or rura!); prob.ability of ?cCurringi (c) duration; (~O irrevers~bility; (~) geographic scope; and Cf) magnItude. If necessary, add attachments or reference supportmg materials. Ensure that explanations contain suffiCient detail to show I that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and i significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. I n Check thiS bO~';;:U have id:tiFled on;~rmore ~~tenllaIlY large ~r Si9~ific~nt a~~erse impa~, whidl maY~CCur Then proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. r? Check this box if you have determined, based on the informatIon and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determ~tion: -:-:::. \ -. ~(j"'t\-\.'H.to I OW~ ~O'(2.( Name of I..oeft Agency -.." ~~ St,.l~.e,f'V~('OIL. Title of Res onslble Officer I i L... I nt from of responsible officer) ~~j SiynatL ~~~u=<oo~ ~~ooo~~~~oz . . . / Town of Southold - Letter Board Meeting of August 9, 2006 -. ~ RESOLUTION 2006-686 ADOPTED Item # 3 DOC ID: 2074 / , TIDS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-686 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9, 2006: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the property owned by FITF, LLC on this 9th day of August, 2006, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part ofSCTM #1000-9-8-2 and is located on Reservoir Road at Silver Eel Cove, Fishers Island, New York, approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island; and . WHEREAS, the open space acquisition is for fee title of approximately 01:2.4 acres (subject to surv~y) of the 01:3.29 acre parcel that is located within the R-80 zoning district. The acquisition is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R- 40, and restrictions on the future residential structure to be located on what is now the Mil zoned area of the property; and WHEREAS, this property has been offered for sale below fair market value to the Town of Southold as open space waterfront property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its exceptional scenic value, undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, undeveloped beachlands and shorelines; and WHEREAS, uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive nature of the property; and . WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 185 (Opm Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold; and Generated August 15, 2006 Page 5 , Town of Southold - Letter Board Meeting of August 9, 2006 . WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code ofthe Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have detennined than no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and :ecommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of the preservation and protection of open space, scenic values, undeveloped beachlands and shorelines; now, therefore, be it . RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the property owned by FITF, LLC. Said property is identified as part of SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title of approximately :1:2.4 acres (subject to survey) of the :1:3.29 acre parcel that is located within the R-80 zoning district and is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R -40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale as the purchase price is below fair market value. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code. Uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive nature of the property. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this acticn is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. ~~aQf....:J~. Elizabeth A. Neville South old Town Clerk . Generated August 15, 2006 Page 6 , Town of Southold - Letter Board Meeting of August 9, 2006 . RESULT: ADOPTED [UNANIMOUS) MOVER: Daniel C. Ross, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . . Generated August 15, 2006 Page 7 . . . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Melissa Spiro, Land Preservation Coordinator Land Preservation Department From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 4, 2006 Re: Proposed Fee Title Purchase of FITF LLC SCTM #1000-9-8-2 Zoning District R-80 The proposed action involves the fee title purchase of2.4 acres ofa 3.39 acre parcel owned by FITF LLC, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the L WRP. Please contact me at (631) 765-1938 if you have any questions regarding the above. rB)~~~~W~rn\ ln1 AUG - 4 2006 Ill! ~ r ~~ ".r I ".,1n . C L o S I N G . S T A T E M E N T . . . . CLOSING STATEMENT FITF, LLC to TOWN OF SOUTH OLD Open Space - 2.36 acres Premises: Reservoir Road, Fishers Island SCTM #1000-9-8-2 Closing took place on Thursday, October 18, 2007 at 3:30 p.m., Southold Town Hall Annex Credits to Seller: Purchase Price $ 770,000.00 2006/07 Real Property Tax Reimbursement 43 days @ $10.35/diem based on $3777.95/yr ~ 445.05 Total Credits to Seller: $ 770,445.05 Disbursement of Credits: Payable to Branch Banking & Trust Co. Wire transfer (mtge pay-off) $ 562,788.37 Payable to FITF, LLC Wire transfer to account at Branch Banking & Trust $ 204,076.68 Payable to FITF, LLC Check #93114 (10/18/07) $ 3,080.00 Payable to Patricia C. Moore, as attorney Check #93112 (10/18/07) $ 500.00 Total Disbursement of Credits: $ 770,445.00 . Expenses of Closina: Appraisal Payable to Miner & Silverstein $ 1,200.00 Check #85693 (4/11/06) Survev $ 1,000.00 Payable to CME Associates Engineering & Architecture, PLLC Check #92968 (10/9/07) Title Report $ 3,303.00 Payable to Stewart Title Insurance Company Check #93115 (10/18/07) Fee insurance $ 3053.00 Recording deed $ 200.00 Certified copy $ 50.00 . Title Closer Attendance Fee $ 100.00 Payable to Patricia Fallon Check #93110 (10/18/07) Those present at Closinq: John P. Sepenoski Mary C. Wilson, Esq. Patricia C. Moore, Esq. Patricia Fallon Melissa Spiro Melanie Doroski South old Town Deputy Supervisor Attorney for Town of Southold Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst . Receipt . Wire Transfer Date: 10/19/2007 Time: 9:35:27 AM The Wire Transfer You Submitted In The Amount Of $562,78837 To Be Transferred To: "FITF, LLC" From Account "A - EMA TRANSFER ACCOUNT" Effective Dated 10/19/2007 Was Processed. Receipt Wire Transfer . Date: 10/19/2007 Time: 9:34:01 AM The Wire Transfer You Submitted In The Amount Of $204,076.68 To Be Transferred To: "FITF, LLC" From Account "A - EMA TRANSFER ACCOUNT" Effective Dated 10/19/2007 Was Processed. . 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""'I" '''':1\'' "'''I'', "':,1.; ., .."", '''F ' ' ". ~:, .'f! " ~:, ,:'~ ',N ,}":'J,~, '. .": ," '"i,~~",J,;;1,,;v.\;t;~, OfF' :, >,i~<;, ~~' ,,~rT;::::}, ::::::,1. 7:;; H ;-:~'::: dP;;..~, : ;~: Jl' -:;;:; ; ;;~'.:t;~~::>n ~:,,:~ ;1;;,,;;:H , " ,. -'," "\""'\!\"'"''I''' 1'('""'" ""'I' "" ,'(.... ('" ",,, ,." . ., ':~ ~~lf,f:;;; t;"'~i~ ;'f[~';o" . ';." tE "'\'~:I :;, ';1' " ';:i\';.' l'r- )1 tr ~ "~, .~:,g:;': ','. ,<.J'. ,.,., ''', PAY to THE ORDER OF FITF, LLC C/O DIXON HARVEY 10055 RED RUN BLVD SUITE OWING MILS MD 21117 130 , ./ II'O'H ~ ~t.II' 1:0 2 ~t.0 St.bt..: b:l 000001. Oil' YF.NDO!l 0010407 PTTP T.T,r 1011 R/?007 . rURru Q~11 4 '\ rurlD Ii ACCOUNT F, O. # I1J\'OICE DE3CRIF'PICH M.ICUl:J'f H2 .8686.2,000.000 101807 BALANCE-PURCHASE PR 3,080.00 TOTAL 3,080.00 . . _._----_._-~_._.__.._--_._--_..._-- ._-,._-----~--- I ./ .; ..'r "',UTiV]i ", rll' [t!(;'J,WN' OR iil!i~iliilJ;il.\ '~'~;:;; ~;:if"!~,::"iii;~, l:: "', ,~;1i~;" ~,,~,-~ "'....,ii:'--~~}~'tr~:~:I~t"-~.h.,,,,,,".H},-.,.I~L_.,Hl.,.~."J1-'" _ !' _'~ ,:J)~,-" . _,,~_. !~L :c';ii i;::~o1!i~\~"'liI2;:!\\2::m =11I i~lII=lli '1Il""'ji ;:,;1'; ;-;;i::\\\ ""'\1\:: . "" : I!\""-: :;,',"'",.,,",, ::' ': ",.,L" ",:1' ;,?\fr\i;'~~\PJ~I{;~t~tiWI'I' !:WI'll.ll"-li;'~!=I\'1 ~11!a:III-Wll:1'D.I'i':~31'\;!~If!n;;:l!lil:;::11'1~!:'I':'~ -~'i "'" f-"'1~'''' .h}-~dl":,;',;,j-;;!""""'li-,,,,"-"'L ,,'~'""Ol"""j4~~:~h~..,.-...i!,,_,"1'i__') --'}~-H.~- ,...-t _ "'-'j-..lf.""...tJ-'~ ,,_, "'-'l\-"'~i " "I'\'--lli'."""" 1'1,., ,. 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"\,-;:z TII~"'':I'lj'''''''I(i~ ,I,' """. ,U.P' l'~:'"'l.J':'."'>)':':~" ,..,."..,,,,.,.('~._.:.,. !:,.!..,....:- """'C"')\I'~-':"!'F.'~-"I'!'-:"'f,.,_.",,~._"'__.ffp:t~, ~~"'H "_'" ;:::;J;lI!'It~~. _ .........'1 ,-,.".~.I:",l'l..__.! ........... ...~". ,.,,~ ,: '1\''''''11''''\'\ "-.,, ,; ,,' , , '/1 ~., ,,',,'" .,"" ,cl"''''I\!'''';'II'-W i?;lIl-r.l'\~-m-ll~-i!lrljl-I'! -~;" 'I" :_;"~'-'I~-l\\ ,,:;, ;i;=; ,,!;Jijr'';:WL~"~U:!;' ) " ", ~":i:" I;,; :;i~~i;~I:'~:;;':;rlf,iiThil\ik'~fw~~:lf(,;::'it_j_Il~::I";~:rriA;!\~~~~~~,;~,~'!\\?i" f~;- '~i~.a:''''l~lJ ~ 0 O/;!iQO"'DGL~~'" ,-'.. 'q ::""1 ." "\"':"1...0'''1 "1'\ ""III -'Ill-'li\---W ..:, H': 11<" ir":-\" ~:-I" . ' ; ,,'; '_:'~'; '," !i, "" ;;i""':i;~;pf";:';:';:/rtf:~;l{:;li(~j~m~~i<<'3:clE~~;;~;,;::;:i.1; ,1T;i/ ::;'; ":,;;:'::lli;f!j~TI;:!;j~1~T;\!ji;~;ll'~ :"';c<,' . ;;:~J,~;1\~~~~~ f: {r[H ;i; . ; PAY TO flit . OROgR OF - 'PATRICIA C. MOORE \y ,'<:',-' .>:.:' '" -. . '. . . -', . 510.20 MAIN ROAD . ,-':.f.e:.:..-..::. . ". ..... SOU1:HOLD NY 11971 E~Q. -.)-, ".::.}~,;-i,:';5,'.!:~'::::~,;; .:.. -' :'::i"'~': ,~;~_:h.. .. \'~~:.:~E:,:;z(~~_~:~~T~,:_:~~t;i~L~:} f '0" , '"" ,. ,"'.; ','t .... 'n ,', :J) ,/ :;'," 11'09 3 ~ ~ 211' 1:0 2 ~"o 5..1;..,: I; 3 00000.. Dil" .VENDOR 01iS49 PATRTrTA r MOORR R~~ 10/lR/?007 (,J-IR('J( Q111 ? '\ FunD So ~7\J.CCOU1:Jl' I', o. # IW:OICEJ DE.JCRI F'fI OIJ M'IOUHT H2 . 8686 . 2 , 000 , 000 101807 FITF ATTY EXPENSES 500.00 TOTAL 500,00 . . ---~..._~-"- ) ~ r.; l' ,-c< ",oj Miner & Silverstein, LLP 322 Captains Walk New London. CT 06320 Tel: 860-443-8405 Fax: 860-442-9306 ~own of Southold Land Preservation Ms. Melissa Spiro PO Box 1179 Southold, NY 11971-0959 For Professional Services: Dept. 3/29/06 Re: Reservoir Rd, Silver Eeel cove, Fishers Island, Ny Miner & Silverstein No. : 3 copies of a Summary report. Property Type: Residential Lot Fee: $1,200.00 29684 Terms: Full payment is due upon receipt. A late charge of 0.00% per month ( 0.00% annual rate) will be added to any balance remaining unpaid after 30 days. .08S 20 ~w 1 Vendor.. 013528 Y=Select JE Date Trx.Date Fund Account ----------------------------- Begi ~ 4/11/2006 4/11/2006 H3 .600 TOWN OF SOUTHOLD ** Actual Hi MINER & SILVERSTEIN -------------------------------- E F2=Shift Up F3=Exit FIO=Prev View Select Record(s) or Use Action Code . Disburs Inquiry by Vendor Name ............. .Detail--GLI00N.............. W-04112006-483 Line: 237 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date. . . .. 4/11/2006 SDT 4/11/06 Trx Amount... 1,200.00 Description.. APPRAISL-SILVER EEL COVE Vendor Code.. 013528 Vendor Name.. MINER & SILVERSTEIN Alt Vnd. . CHECK........ 85693 SCNB Invoice Code. 29684 VOUCHER. . . . . . P.O. Code.... 15194 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 4/11/2006 Date Cleared. 4/30/2006 F3=Exit Fl2=Cancel . . ......................................... . [Invoice I :ME Assoc Eng., Land Surveying & Arch.PLL< PO Box 849 Woodstock, CT 06281 Tel: 860-928-7848 Fax: 860-928-7846 . Town of Southold Land Preservation Department PO Box 1179 Southold NY 11971-0959 September 24, 2007 Project No: 2007835.000 Invoice No: 0001038 Project: 2007835.000 Town of South old- Revisions to FITF plan Professional services providing revisions to the FITF plan showing property to be acquired by the town, as requested under PO 17443. Professional services from September 1, 2007 to September 30, 2007 Fee Total Fee Percent Complete 1,000.00 100.00 . GLI08S 20 View 1 Vendor.. 003441 Y=Select JE Date Trx.Date Fund Account ----------------------------- Begi X 10/09/2007 10/09/2007 H2 .600 TOWN OF SOUTHOLD ** Actual Hi CME ASSOCIATES ENGI . ---------------------------- ~ F2=Shift Up F3=Cxi' E10=Pr0= 0, Select Record(s) or Use Action Code Total Earned Previous Fee Billing Current Fee Billing T otaf Fee 1,000.00 0.00 1,000.00 1.000.00 Total this invoice $1,000.00 Disburs Inquiry by Vendor Name . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . . W-10092007-372 Line: 42 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date. . . .. 10/09/2007 SDT 10/05/07 Trx Amount... 1,000.00 Description.. SURVEY-FITF LLC PROPERTY Vendor Code.. 003441 Vendor Name.. CME ASSOCIATES ENGINEERI Alt Vnd. . CHECK. ....... 92968 SCNB Invoice Code. 0001038 VOUCHER. . . . . . P.O. Code.... 17443 Project Code. Final Payment F Liquid. Type of 1099. N BOX. Addl. Fixed Asset.. Y Date Released 10/09/2007 Date Cleared. 10/31/2007 F3=Exit F12=Cance1 pyJ'~ . . . STEWART TITLE INSURANCE COMPANY 125 Baylis Road, Suite 201, Melville, New York 11747 Phone: 631-501-9615 Fax: 631-501-9623 Title No. sr-S-'7^1'ly Dale loll S'/tJ7 I . FEE INSURANCE COVERAGE $ 770, tJZ!7J, trv PREMIUM $ .1, tJSJ, tro FAIR MARKET VALUE RIDER PREMIUM 4FJ MORTGAGE INSURANCE COVERAGE PREMIlJM ENDORSE~IENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) SURVEY INSPECTION - DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW J)EPOSIT FEE - BANKRUPTCY SEARCH -.-- ---. - ,- RECORDING FEES: (I) DEED(S) 'f ~ &;uo -- J.$ L~ ( ) SA TlSFACTION(S) - ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIIlA VIT(S) ( ) ASSIGNMENT(S) _. . -~~---,-_.__.~--_.__.- - . . TOTAL CHARGES ~,q,03 tJU_ ---.------------.------...----.. - ---~ CLOSEI{ Clf.:\Rf;ES, II' ANY: l'I('K_(lI' FEE. OTHER: -----._--- --_._._-----~----~- -------. ---- ~,. ftL ;'v ~ /D/I~/d1 , -------._--- .__._~_._----- PATRICIA L. FALLON Title Closer , " '>,- :~-t" :'-.' .:, -- ',',- ":;';.., ::,"",:,1 -~'-:~{I """"'(~l~~"';; :-:'":'(:":_ij'-:_,..,;;.- ''':''':i ,~ TOWN' """'SO' ~rtt<tirn ,tt> \ "'''-;'''''''';'''';:;''''''"'''', ';'::'1\"0:;<", I ';^""~f'l ,,\, 0" - --',- ~:r_ :;::'-J.J,;;~:~~_:,~j ___ "" tt~;:;,::,;'m~~:::Hi~.0:~HH::::;~1}1~s::m::.;;.::~H~~:? m:::;~' ,'~'::;~_: \}1: ",^o,,,,,,..~m,"~"'" ,;" ,',. 'li"^- "''''-11\-''\'1' -~'!I' -'~""'~'-"'\'I'~I'\-"I"I-' _,-;:;-~':!lIO;_'If'M.l{'M:10i'!\Wi:;:';'~;;}1;:'-:~-1h<';:'~-'.-,,?l;;:-'':;lH:;::'~ .:::.~~, ;::;::, = ":::;:::; }-"} ::;:~ j ~"':::.'_ j ,:;:;'c: SOUTHOLD, NEW'YGi'llfi,'i911cllils'9 ," ::~ilIsErlltB3lm~ ~ Ill- ~;:': l\l~m,,21\1' , ,', ','I, "',I' "'., ",,"" '\II"'-\II-'II\--III-III-III'-il'~I\I-'III-" --:'~:,/:::-!\::-::::L",::::;.,'!~::'~;,'H>;:;";:')r~;:::~:_.~ ~"::::; :::, ~=; ::::: ::::::: =,1= := ,::;::::! , ,,' ,,', 'It'"' ,I", ,H,_.. ','-.,' II''''' 'il':-'\'-II'\=JJ1,,,.,.m=Wlliii.ll.,,",,,W--\I\' ::,~\T1\:,::'~~_-~:;t~~-:;:;!~~;;~;'!!'t~.~1;:.:;t;~1;~f~4:;:77'.1":-~"">' = ~lB;lWIm ~~:~l " ""'" c')","," ",!,.~lh-.I!\-III-hl_I~IlI~I_,III_"II\__ " ,,',,, ........",'\' ,", q,", ,,;.~,u,;~""~111'~-II\-I'I-~I-"I\'-\II-\I\'" .'"''',"~"..-.H'ftl'"~'i,-<,;1..'.->'I,-.<"':9'J''''~:I~.;. ...-. -'):T' "'"_.~ _..... 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'~-"\t--"<'.\"~'-~j""..".."",.,.,""" " ,.. r, ':" :,,;:~::,~ :,11::;"~:' .. .:.~~~::h ~.:-':.; .:!1 ',:~~> :~i!;~':;::: ~ r:':;~ lW;,::::.: ,<' j" :::y:> 1 ~~. ~:i0:1~.,}: i[: t;~:t'Bf J l ~ ~;^: ~ ~ 10~f:.lt1~;tn ~ ;',1 :,~':..,:' THREE HUNDRED PAY TO THE ORDER OF STEWART TITLE INSURANCE CO. 125 BAYLIS ROAD, SUITE 201 MELVILLE NY 11747 '- :,\:" -- !"--- ':tk: 1\;,.: ,; i:;'::,,:,::: iW,:.:-- L. '.,:;~: H~l. -. ;y 11'0"/ H l511' 1:0 2lL,0 5L,1;L,1: 1;:1 00000 L, Dil" "VRNT)(JR 01 g(;?4 ~TRWI\RT TTTT,R TN~TTRl\l\TrR rn 10/lR/?nn7 . . ~l-TR~l( Q"7I.11 t:; '\ rUlJD &. .("\CCOUlI'f' P.O.1i INVOICE DESCKIF'fIGl(f kI.ICUlif'f H2 ,8686.2.000.000 H2 .8686.2.000.000 H2 ,8686.2.000.000 ST-S-9494 ST-S-9494 ST-S-9494 TITLE INS-FITF LLC REC DEED-FITF LLC CERT COPY-FITF LLC 3,053.00 200.00 50.00 TOTAL 3,303.00 . . ------.-.--.-----------,---.---------.-------...-,-------,.-- ./ '''','','', ""Ii i,"I[' "1" .I" < ',;,\1' ",,". 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THE . :.ORDER w.; ;':OF l;'A':l'RICIA FALLON 40 WHITE OAK LANE SOUTHAMPTON NY 11968 ',j 'I ,>'" - 1;:1 00000.. OU" VENDOR OOhOl:< PI\TRTrTI\ FI\T.T'(1N - 1 n/HI/?On7 . rHR("J( Q111 n , FUND S. ~7<~CCOUN'F ['.0.# IWJOICB DE:JCKIF'fICN M.I0UH:f H2 .8686.2.000.000 ST-S-9494 TITLE CLOSER-FITF LLC 100..00 TOTAL 100.00 . . ._.~,--_._---,----_.. -- ---- ------ - - ---- - - "..__.__.._..._.__.._..._.._-~ !; . R E C o R D E D . D E E D . . . . AFFIDAVIT'To CORRECT Nti'MERIC IDENTIFIER "'.." I, the undersigned, Deputy Director of the Real Property Tax Service Agency, Acting for the Director of the Real Property Tax Service Agency, present this affidavit for the purpose of correcting the Real Property Tax Map Identifier(s) listed on the reverse. ' Gary M. Simonson Deputy Director Yvt. UNIFORM FORM CERTIFICATE OF ACIQ.l'OWLEDGEMENT STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )9: / On the rt-1f ~~ , personally Imown to me in the year 20r!l: the undersigned, personally appeared or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument a,nd acknowledged to me thBshe/they executed the same in~er/their capacity(ies), and that byGer/their signature(s) on the instrument, the individual(s), or the person upon behalf for which the individual(s) acted, executed the instrument. f!dc ~. mHARO MOTSCHENllACHER i'lOTARY PUBLIC, stale of New Yor, No. ~-4$54401. Suffolk COU..-_ flamm\s$iOll UlXre&. March 10, 'Z-o/v Notary Public . . TAX MAP CERTIFICATION CORRECTION SUFFOLK COUNTY REAL PROPERTY TAX SERVICE AGENCY FROM: CERTIFIED District Section Block Lot ADD ADD ADD 0200 27600 0400 013008 0200 27600 0400 013009 0200 27600 0400 019000 ADD 0200 82400 0200 010000 0500 24900 0200 038004 0500 24900 . 0200 038005 ADD 0800 16600 0600 021003 0800 16600 0600 021004. 1000 05000 0400 009000 1000 00900 0800 002002 TO: CERTIFIED District Section Block Lot UBER PAGE 0100 16200 0400 073000 11892 099 0100 16200 0400 073000 11948 631 0100 16200 0400 073000 12523 579 0200 27600 0400 019004 12473 023 DELETE 12473 023 DELETE 12473 023 0200 42500 0400 011002 12516 004 0200 82400 1000 034000 12501 306 0500 24900 0200 038009 12002 446 0500 24900 0200 038009 11929 138 0600 08400 0400 038000 12371 624 0800 16600 0600 021005 12485 173 0800 16600 0600 0211106 12485 173 1000 05000 0200 009000 11743 224 1000 0G900 0800 002001 12528 547 DOCUMENT TYPE DEED DEED DEED DEED DEED DEED DEED DEED DEED DEED DEED DEED DEED DEED DEED ""epared by: ~C\ r;A-.t- A./Y A- 02 D \: ~ A .:.. ~ Signiture of Represen tive ~ SCIN 122A (7/04) 118/2008 Date . , . ~ ( . . ~ ( . 111111111111 111111111I11111111111111111111111111111 1111 1111111111111111111111111 SUFFOLK 'COUNTY. CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 6 Receipt Number : 07-0102678 TRANSFER TAX NUMBER: 07-09575 Recorded: At: 10/31/2007 01:26:02 PM LIBER: PAGE: D00012528 547 District: 1000 t.ed Amount: Section: 009.00 EXAMINED AND $770,000.00 Block: 08.00 CHARGED AS Lot: 002.002 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 EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Notatioh $0.00 NO Cert.Copies $5.00 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $253.00 TRANSFER TAX NUMBER: 07-09575 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County . ~~!i: ~7~ W ~~I i DEPT. Of LAND ! PRESERVATiON '--~~._. [!][i] . Number of pages TORRENS (p Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed I Mortgage Tax Stamp 3 FEES Page I Filing Fee 191 Handling 5. 00 / TP-584 ;) Notation EA-52 17 (County) j _ EA-5217 (State) Ilv5" _ ~- Sub Total 63 R.PT.S.A. . Camm. of Ed. Affidavit 1v5 ~ ~fied ~;;P0 {i) NYS Surcharge Other 5. 00 t; 15...Q2..... Sub Total Grand Total RECO;;::DED 2007 Oct 31 01:26:02 PM JU[)ITH P.. PP.5Cl=!LE CLERK OF SUFFOLK COUNT\-' L L{i0012528 P ::',47 D n 07-0957':, Recording / Filing Stamps Mortgage Arnt. 1. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or Spec./Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for APPoint~t. Transfer Tax _ Mansion Tax _ The property covered by this mortgage is or will be improved by a one or two family dwelling only. , YES f or NO If NO, see appropriate tax clause on page # _ of this. instrument. , ' 1000 00900 0800 002002 Lot f/a tJrJ:i,~ 5 Community Preservation Fund Consideration Amount $ 17tJ,d1JZ}.OG Section tJt!,?,iJl) Block 6f,tf;J Real Property Tax Service Agency Verification 6 SatisfactionslDischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: fYlalWl €" !JotU)S K I "/OWA! or: Sf)J)..71/-tJLl! - LJJ.uf) I~V4T70AJ PO, Box //7"1 S'<,('7HOLD, N'I ( /'17/ CPF Tax Due $ e5 EIr,CTtIPT Improved Vacant Land ~ 10 TD TD TD 7 Title Com an Information Co. Name Sn;wA;er 7;r7...G Title # sr 5 - '1 8 Suffolk Count Recordin & Endorsement Page This page fonns part of the attached If Ii /?(j /i IN' Ii Af/) SJ1 U /J<E1J (SPECIFY TYPE OF INSTRUMENT) made by: FIn:: ,u.c.. . The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO '/c; UJ Jt) ~ {C S;, u 7lf1JL-IJ In the Township of In the VILLAGE SOU7H6jJ) or HAMLET of Ft S HEJ2 ,- / S UIAILJ.__._ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILI!'JG. ,.,n"C:-.1 . BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATIORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING THIS INDENTURE, made the 1'I'f day of /;et>.E1I. , 2007 between F.I.T.F.. LLC a Maryland Limited Liability Company, with offices located at 10055 Red Run Blvd., (Suite 130), Owings Mills, MD 21117 party of the first part, and TOWN OF SOUTHOLD a municipal corporation located at 53095 Main Road, Southold, New Yark ] ] 97\ party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other valuable consideration, paid by the party of the second part, does hereby grant and release unto the party Q-(;tMl1ij19.(;md 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 th~reoJWte.Cttra; situate, lying and being in the SEE SCHEDULE A ATTACHED (DESCRIPTION OF PREMISES) The Grantor herein being the same as the grantee in a certain deed dated 8/30/04 and recorded'9118/04 in Liber 12344 at Page 167 in the Office of the Clerk of the County of Suffolk . Being and Intended to be part of the same premises as contained in a deed Libel' 12344 at Page 167 recorded on 9118/04 in the Office of the Clerk of the County of Suffolk THIS CONVEYANCE is being made in accordance with the Articles of Organization and Operating Agreement ofF.I.T.F., LLC. And with full consent of said F.I.T.F., LLC. 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 HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the palty of the second part forever. AND the party of the first part, covenants that the party orthe first part has not done or suffered anything whereby the said premises have been encumbered in any way whatcver, 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 consideration as a trust fund to be applied first for the purpose afpaying 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 construcd as ifit 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 PRESENCE OF; F,LT.F" LLC BY: ~ R. Dixon Harvey, Jr. Managing 1\1ember NYS!'!.". Rt,;l(kllliall{l'al !'\lalc ]-0'"1; ullllt\tD<"cs'('J'IlI)) (:npnigIHCa]lS<,ti'Dtl'clopim.llt . . . ACKNOWLEDGMENT (TO BE USED IN OUTSIDE OF NEW YORK STATE) STATE OF MARYLAND ) ss.: COUNTY OF (fuvl (jLl ) On the (2- day of &%FSv..b'-2007, before me, the undersigned, personally appeared R. DIXON HARVEY, JR. 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 and that such individual made such appearance before theundersignedinthe O(,,}'~4X 'yy,~ '7n6 usA- . (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.). J I I . \ , 1 ~~~9~ Notary, ubI I e 5 , i I f I I j , .! , I /' 1'/ i / / RightFax 10/17/2007 9:02:50 AM PAGE 004/005 Fax Server . Stewart Title Insurance Company Title No: S1'-S-9494 Schedule A Description AMENDED 10/17/07 ALL that certain plot, piece or parcel of land, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York known and designated as Lot I on a certain map of FITF, LLC and fLIed in the Office of the Clerk of the County of Suffolk on September 241h, 2007 as Map No. 11571, said lot being more particularly bounded and described as follows: BEGINNING at a monument on the Westerly side of Reservoir Road which marks the division line between the Southerly side of Union Free School District and premises conveyed . herein; and RUNNING THENCE Southerly along the Westerly side of Reservoir Road the following courses and distances: South 12 degrees 10 minutes 00 seconds West 192.20 feet to a monument; South 09 degrees 12 minutes 00 seconds East 65.73 feet to a monument; THENCE Southwesterly along an arc of curve which bears to the left having a radius of 245.11 feet a distance of 139.62 feet; THENCE North 18 degrees 27 minutes 03 seconds West 264.78 feet; . RightFax . 10/17/2007 9:02:50 AM PAGE 005/005 Fax Server THENCE North 33 degrees 00 minutes 25 seconds East 169.19 feet to lands now or formerly Union Free School District; THENCE along said lands South 63 degrees 37 minutes 00 seconds East 155.90 feet to a monument on the Westerly side of Reservoir Road, the point or place of BEGINNING, TOGETHER with all right, title and interest of the party of the fust part, in and to the land lying in the street in front of and adjoining said premises. . / I . \ \ \ \ !~ \ \ ,. " \ \, , \. ! / \ \ \ \ " . . . RIDER TO DEED BETWEEN FITF, LLC AND THE TOWN OF SOUTH OLD DATED October 18,2007 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF SOUTHOLD By: U (;),~. ~N P. SEPENOS I Deputy Town Supervisor STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK On the 18th day of October, 2007, before me personally appeared JOHN P. SEPENOSKI, personally known to me or provided 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 as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. <fdkuu. .I!'~M Notary Public L PATRICIA l. FALLON Notary Public, Stat, Of New York NO.01FA4950146 Qualified In Sufiolk County CommisSion Expires April 24, ,).oIl ~~uo~~~~ uo~~~u~~oz ~~~~ . . . . 111111I111111111111111111111111111111111111111111111111 1111111111I11111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION/DEED/DCO Number of Pages: 4 Receipt Number : 08-0004837 TRANSFER TAX NUMBER: 07-16506 Recorded: At: 01/16/2008 01:45:26 PM LIBER: PAGE: 000012537 526 District: 1000 "ed Amount: Section: 009.00 EXAMINED AND $0.00 Block: 08.00 CHARGED AS Lot: 002.001 FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Notation $0.50 NO Cert.Copies $5.00 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $247.50 TRANSFER TAX NUMBER: 07-16506 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County . [frOjllE (C; lE u IW [E TI.\ i r---- ~I: 1\: 'n II)I! I " _.' - 7 2008 L"j I "-.- DF'T W \rn rV'::r~',/:,-;-I()N . ~2 Number of pages ~. TORRENS . Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed I Mortgage Tax Stamp 4 FEES Page I Filing Fee 12 5 5 --- Handling TP-584 Notation 5:) EA-52 17 (County) EA-5217 (State) c J Sub Total 21-. '20 1~5~ :l~ R.P.T.SA Camm. of Ed. 5 0",,-- Affidavit I Certified COpy(i\V Reg. Copy 5 / 220/ 2 L\ -=i 8:J ..J P Other \5 ~ Sub Total . GRAND TOTAL Real Property Tax Service Agency Verification Stamp Disl ~pdi"n n 1"",1.- . -f 08000573 1000 00900 0800 002001 /-~ P T S p REAP A 7..JAN-O Date Initials Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: M ~ / fU) ,".e- f) b ro 'jJ0 '/~ 'J ~~ flh.s--t-'< 8H 111'1 30tJ J1-ff/.....O, "1 RECiJP[:{T' 200:3 -Jsn ijS iJl~45:2t P"1 Judi th H. F',3sc'ile CLERV OF SUFFOU': Cc!U~-jT"1 L DOOO i ;"2537 P 526 D1"# 07~1E5!J6 ,,_w~."'III.$' rlllllg ;')tamps Mortgage Amt. 1. 'Basic Tax 2. Additional Tax Sub Total Spec.! Assit. Or Spec./Add. TOT, MTG. TAX Dual Town_Dual County_ Held for Apportionment _ Transfer Tax -tJ - Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax clause on page # _of this instrument. \- q -()"1- 6 Community Preservation Fund Consideration Amount $ CPF Tax Due $ -0 Improved Vacant Land '1 TO TO TO / /q1/ ST- (,tif Recordin & Endorsement Pa e ~ tJf.... 8 9 Co. Title # Suffolk Count This page foffilS part of the attached rl-rF /...-I--c.... (SPooFY 1YPE OF INSTRUMENT) made by: TIle premises herein is situated in SUFFOLK COUNTY, NEW YORK ~ PJ5!t..vcIS ~ . In the Township of TO '/01)} IV' d r Y' f) f} 71k L() In the VlH:7roE or HAMLET of BOXES 5 TIIRU 9 MUST IJETYPED OR PRlNTEll1N BLACK INK ONLY PRIOR TO RECORDING OR FlUNG mVFR\ . BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION TillS AGREEMENT SHOULD BE PREPARED BY AN AITORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING THIS INDENTURE, made thJqle day of (VOl. , 2007 between F.I.T.F.. LLC a Maryland Limited Liability Company, with offices located at 10055 Red Run Blvd., (Suite 130), Owings Mills, MD 21117 party of the first part, and TOWN OF SOUTH OLD a municipal corporation located at 53095 Main Road, So lithoid, New Yark 1197l party of the second part, WITNESSETH, that the party of tile first part, in consideration ofTen Dollars and other valuable consideration, paid by the party of tile second part, does hereby grant and release unto the party of tile second part, the heirs or successors and assigns of tile party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New Yark and designated as all of Lot 1 on a certain map of FITF LLC and filed in the Office of the clerk of the County of Suffolk on September 24, 2007 as Map No. 11571 to correct an erroneous metes and bounds description which described only a portion of lot 1 ) ~ I e.f.., S ct..td. d...<."...,L WZt-c ~M\ J... I~ 5'~&t' 5''1-7 hl ,.131/'7 . THIS CONVEYANCE is being made in accordance with the Articles of Organization and Operating Agreement ofF.I.T.F., LLC. And with full consent of said F.I.T.F., LLC. 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 tile Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the paymenl of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requIres. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: F.I.T.F., LLC BY: .~/\ \/\. -~~~::= R. Dixon Harvey, Jr. Managing Member . .;\'>:1.\ I:C',L.l.;nliilll(cdll:_ilillc' h,n",,'H ]I.,\[)",'< ili.IILII l'l\p\'[i~lil (.al'",h' Ik"<:!"1'11Wnl . ACKNOWLEDGMENT (TO BE USED IN OUTSIDE OF NEW YORK STATE) STATE OF MARYLAND 55.: COUNTY OF CARROLL . On the 2'1 day of Nov/?Mlsea:. 2007, before me, the undersigned, personally appeared R. DIXON HARVEY, JR. 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 and that such individual made such appearance before the undersigned in Town of Owings Mills, Maryland, USA. (Insert/he city or other politica/subdivision and the slate or counlly or other place the acknowledgment was lalren.) ~4.l'1'~ Notary ubhc (11u4 ~"" , . ""..... .,,,)\f,.,,.<:,J . RIDER TO CORRECTION DEED BETWEEN FITF, LLC AND THE TOWN OF SOUTHOLD DATED November 29,2007 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. . TOWN OF S By: Scott . Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the d1'tL day of December, 2007, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided 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 as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. )55: . NO~~~lii 0wP-(lj~ LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01 C04822563, Suffolk cou~~~ Term Expires December 31,20 . T I T L E . p o L I C y . AL TA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY . ~~~~!y Any notice of claim and any other nalicear statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS . SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity~ or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority-due or payable, but unpaid. (c) Any encroachmerlt, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: .,~ . I~~~ ~ - Ju. -~"' , a ~/;.J' Secretary - Stewart Title Insurance Company Authori12~BWjlis Road Suite 201 Melville New York 11747 comPanYPhone: (631) 501-9615 Pax' (filI1501-<)(iH City, State - ~. .' . Part 1 of ~~~i~~ No 0-8901 0 If you want information about coverage or need assistance 10 resolve complaints, please call our toll free number: 1-800-433-0014. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of lhe Conditions. Visit our Word-Wide Web site at htto:llwww.stewartnewvork.com File No.: ,\1.'1.-\ ()WNgR'S PULlCY (6117106) . SCHEDUU: A File No.: ST-S-9494 PoHcyNo.: 0-8901-38717 Amount oflnSlltance: $770,000.00 Premium: $3,053.00 Date of Policy: lOll. 8/2007 1. Name of Insured: TO"'l of SOllthold 2. Tile estate or intere.ort in the land described herein and which is covered by this policy is: Fee Simple . 3. Title is vested in: AMENDED 1123/2008 Tov,n of Southold, who acquired title by virtue ofa deed from FITF, LLC, by deed dated 10119/2007 and recorded 10/3112007 illLiber 12528 at Page 547 and corrected by instrument dated and recorded 1/1612008 in Liber 12537 at Page 526. . 4. The Land referred to in this policy is described 8S follows: See Schedule A Description, attached hereto and made a part hereof. . . . . .\l..r"')"'Nn~'s !'Olley (6117/06) SCHEDULE A DESCRIPTION File No.: ST-8-9494 Policy No.: 0-8901-38717 AMENDED t/23/2008 ALL that certain plot. piece or parcel of/and, lying and being at Fishers Island, TO'-'<l1 of Southold, County of Suffolk and State of New York known and designated as Lot I on a certain map ofFITF, LLC and filed in the Oflice of the Clerk of tile County of Suffolk on September 24111,2007 a.q Map No. 11571. ,11.']',\ tlWNER'S POLICY (6117106) . SCHEDULE B PART I File No.: ST .S-9494 Policy No.: 0-8901-38717 / " This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I, Rights oftenant(s) or person(s) in possession, if any_ 2, AMENDED 1/23/2008 Survey by CME Associates Engineering, Land Surve)lng & Architecture, dated 9/18/07 shows premises as vacant land, paved driveway located; NYSDEC jurisdictional boundary located within record lines, tidal wetlands line 412107 located; coastal erosion hazard line located; meaa(leReg a1eRg West liee; Rocky Beach and limits of flood zone located. 3, Covenants. Restrictions, & Right of Way set forth in Liber 5474 Page 538 (copy herein) and repeated In liber 9124 Page 538 and Liber 11791 Page 451. 4. Declaration in Liber 12521 Page 393. . 5. RIPARIAN EXCEPUONS: A) No title is insured to any land now under the waters of Silver Eel CovelFisher's Island Sound. B) Subject to the rights of others to navigate the waters of Silver Eel CovcJFisher's Island Sound. C) Subject to the riparian rights of oth"rs to Silver Eel CovelFisher's Island Sound. D) Riparian rights of the owner of the lubjecl premises arc not Insured. E) Rights of the governmental authorities to improve navigation and change bulkhead and shorelines without compensation to upland ownel'S_ 6, Subject to any restrictions under the Tidal Wetland ActlFreshwatet Wetlands Act. . . STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Tille No.: ST-S-9494 Date of Issue: October 1St 2007 ATTACHED TO AND MADE A "ART OF /'OLley NlJMllt:R 0.8901.38717 / / I, Covered Risk Number 2(<::) is deleted. ~. The r.,llow;ng i. added as a Cov..... Risk: "11. AI'!)' $tatutol)' lien fur Rcrvioe5. labor or materials fumisj,ed prior to the date tlereof, and which has n()w gained or which may hereaner gain priority over the estate ednlorest ef the insured as shewn in Schedule A oflni. policy." 3. "<elusion ~umbe' S is deleted. and the following is substituted: 5. Any lien on the Title for real estate taxes. ~es::sments, water charges or sewer rents imposed by governmental nuthorily and .,..ted 0' attaching botwun Date oHoliey .nd the dOle of recording of the deed 0' other instr\lmen' Grtransfer in the Public Rocordsthat v.... Titlo a. Shown in Sohodulo A. . Thi~ endorsement is issued as part of the policy. E:xcept as it expressly states. it does not (i) modifY any ofthe terms and provisions of tho polley, (II) modllY any prlo, endorsements, (iii) mond Iho Date of PoliO)', 0' (iv) Ino.....e the Amounl of lnsu,ance. To the e<len\ a pmvision of tt,c policy or a previous endorsement is inconsistent with an expre!iS provi9ion of this endorsement, this endorsement control.. Othorwise.lhis endorsomont is subject to 011 ofthotorms and provisions of the poliO)' and orany prior endorsemonts. Signed on: STEWART Trrt.E Stewart Title Insurance Company ...~.. ~ ~ -;.."' . C1 C-.-6.J -..lary Sign,,--d by: '\utllt'/orized office or AgEnt ~TF.WARTTITLE INSURANCE COMPANY 12; &yli. Road. SuitolUI Melville, No'" York 11747 . STANDARD NEVIl YORK ENDORSEMENT (511107) "OR USE wrr~ AL TA OWNER'S POLICY (6-17-1le) 9. COVERED RISKS (Continued) . Tille being vested other than as stated in Schedule A or being' defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, slate insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses thai arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (;) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement erected on the land; (iii) the subdivision of land; or (iv) environmental protection; 4. or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; .1. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy~ in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is whollYMowned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly.owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the . ~ Page 2 Serial No.: OM FileNo.: (b) nol Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A. is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any Hen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Insured named in Schedule A for estate planning purposes. (Ii) With regard to (A), (8), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "land": The land described in Schedule A. and affixed improvements that by law constitute real property. The term "land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the land is located. U) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONDITIONS (Continued) 2. . CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so tong as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Tille. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause toss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy. the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. . 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the . CONDITIONS (Continued) Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as ihsured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecule. or continue any litigation, with regard 10 the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e.mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information. or grant permission to secure reasonably necessary information from third parties as required in this subsection. unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Payor Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To payor otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To payor otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. II Page 3 Serial No.: 0- File No.: . 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered IOS5 or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (I) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. / / . 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's' consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured, (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these . rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (~Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy_ All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be I?inding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy. or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the. validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. .In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at 300 East 42nd St, 10lh Floor, New York, NY 10017 Serial No.: 0- Page 4 File No.: . . . OO~O~~~~~~OO~~ ~ oo~~>~~<o~ . . . . . 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, 6'h 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. . . . 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. . . . . 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. I , 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 BY:~~'~ R. Dixon Harvey, . - ACKNOWLEDGMENT (TO BE USED IN OUTSIDE OF NEW YORK ST ATE) STATE OF MARYLAND ) COUNTY OF (Q.n.lli)I..L ) ss.: On the d~ of September, 2007, before me, the undersigned, personallyappeare!bIXON HARVEY, personally kr~n," In mp. or oroved to me on the basis of satisfactory evidence to be the individual whose nat .,.. he executed the same in or the person upon beha individual made ow 1111"(1' ...f1.4 . (Insert IIw city or other political, I I, JUDITH A. PASCALE Clerk of th C of Record thereof, do hereby ce~tif th t I ~ ounty of Suffolk and the Court the original Declyation REcoIWID . a ave. compare27th"1nne~d with L1BER '/ii?.J.:.ii{. .... PAGE :2.'13 In my offIce on ........::-:......~P.Z under and of the whole of such o~;~i~~i, ..... and, that the same is a true copy thereof, In Testimony Whereof, I have her nto seal of said County and Court on this ...7.'Ili.. da~e~r~i;~di?t~e CLERK /10.":'" /J f) ) ~."....m..,....~:...0.~~.~..~.~...7'.. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 55.: 12-0245p_IJI/1I7kd . . . , ' . . Schedule A DESCRIPTION OF PROPERTY DECLARANT: FITF LLC ALL Ihm ccltDln plOl.I,icco or p."rel af l:md, ",ilh lh. buililinll.'llnd improycmcntJllhctmu cn:oled, ~jtUn1c, lying llI1ll heinll.jlt~ ~J at Fishers Island, in t.he Tawil of Southold, County o( Suffolk and State of New lark, being bounded and descdbed as fotlowB' BSGINN:rNl~ at a .iron pipe on the we3terly aide of Rese1:Voir Road at the norchelSBte.ly corner of land now or formerly of. M:l.c.Qael Collyer and Sandra collyel' and the southeaaterly corner of the premises berein ~eacr:l.bed; rur~ing thence along eaid westerly aide of Reservoir RoaQ ~e fOllowing fi,,~. ($) courses and distances. (1) tlortb S!l~ 13' 00. West 1.05 feet; (z) North 47~ ~S' 00. West 86.29 feet; (3) North JS~ 47' 00. West 76.01 feet; (4) North 09" 12' 00. Heat 125.$0 feet; and (5) North l~. 10' DO" East 192.;0 feel; to a brass marker and land now or f....:cmel'"lyof Union Free Sohool Ohtrictr t:ht!lncc North 63" 37' DO" Wellt ;dong sa:i.<l land now or fOrl\lerly of U:lion F~ee School Dbtdct 279 feel:, more or lese, to the Shore of 17isheJ's IBl.Elud Soun(\; thence :Ln IS genera:!.. southerly direction aloog the SAarO!:. of 1"1shc,.. Island Sound lllId later Illong the shore UIlE! of. BUve!'; lie;!. Cove as they l.oth w;l.nd al'I4 tUDl no feet Inorc or laes to llUld DOW 010" formerly of Klehael Collyer and sandra Conyer Urst mentioned above; thl!:l:lce !:lorth ~,D' 17' 00. East alon!1 said last l11entionN ].....d 122 feet mOre or less to t~1 we5terly side of Reservoir Road aIld l:be point or ~laoe of B:EGXN!<,ING. . BEING AND rN~ED TO BB Parcel Three ~o prem1scs conveyed 1:9 the party of the first p~:...t by deed dated May 9. 1996 aod recorded 1n the Suffolk County Clerk'~ Offte" 00 September 10. 1996 io Libel:," 11791 PSES 451. . P R o P E R T Y . R E C o R D S . MELISSA A. SPIRO LAND PRESERVATION COORDINATOR . melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCA nON: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold. New York MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Supervisor Russell Town Board Town Clerk land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate To: From: Melissa Spiro, land Preservation Coordinator Date: October 22, 2007 Re: FITF. llC to TOWN OF SOUTHOlD plo SCTM #1000-9-8-2 Open Space . Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic land Trust The Nature Conservancy Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. lOCATION: No # Reservoir Road, Fishers Island PROPERTY OWNER: FITF, llC PURCHASE DATE: Closing took place on Thursday, October 18, 2007 PURCHASE PRICE: $770,000.00 (per contract) OPEN SPACE ACREAGE: 2.36 acres FUNDING: CPF 2% land Bank MISCEllANEOUS: Property was part of a 3.29 acre parcel that was split zoned (Mil & R-80). A 2.36 acre area is known as lot #1 on Planning Board approved filed subdivision. Town purchased the R-BO, 236 acre portion and Mil portion was re-zoned to R-40 and retained by landowner. . MELlSSA A. SPIRO LAND PRESERV AnON COORDINATOR . melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Soulhold. NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 7, 2007 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 1l971-0499 Re: Notice of New Owner SCTM #1000-9-8-2.2 . Dear George: Please be advised that the Town of Southold acquired the property identified as SCTM #1000-9-8-2.2 located along Reservoir Road on Fishers Island for open space purposes by deed dated October 18, 2007. The Town purchased the property from FITF, LLC. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 1l971-0959, until such time as the property is declared exempt by the Town Assessors. Very truly yours, W-~ Melissa Spiro Land Preservation Coordinator Imd . cc: Southold Town Assessors wi rec:ordecl deed Town Comptroller . . . - '!i~~~~ '-'''"'''---c---~-~--__~__''__ _ _"______~.._.._,_.__.____,_". Prints the screeb"< :J 'Startl S Inbox - Microsoft Outiook ". RPS Version 4 - [Snap... ~)(' ""\' C\>\ 2 I !. ~ ,( , . " <.. 'I \' .._'.1 \ r.... ~-J \. '_Vj~, " e' ,'':. < , i.,t ..'\,:l \ ,) ,) " L 1,"" \.., '--,' k .! 1\.\ I) \ ',,' I 1. \ '-~ ': f\\I.\ , \ , , / . . . )/ is ~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) South old, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2007 ~ ~s~ ~4~~~ ~ WI Patricia C. Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 DEPT Of lAND PRESERVATION Re: Proposed Standard Subdivision of FITF, LLC Located on the wlslo Reservoir Road, approximately 365' nlo 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 Paqe 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, ~J~~ erilyn B. Woodhouse Chairperson Ene. cc: Melissa Spiro, Land Preservation Coordinator W/nlCLp Kieran Corcoran, Assistant Town Attorney / . / , . . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair /1, S pl'n:, MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant UD-~ lE [; lE ~ W ~ rr~ .~ 11111' IlrU[:~~100~J~ February 12, 2007 D~Pl CoF LAND '- -:.,':::: :~~::\';. Ti'~N 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 February 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 . . s U B D I V I S I o N . M A P . . A E R I A L S . . . . . . -------- . - - - - - - - - . - -- . s U R V E y . . ° �illlllll'II ' b III II I ' ° I IIII I) LOT , NYSDEC JURISDICTIONAL BOUNDARY ° ss � IIIIIIIIII IIII LwAGcDSNCcRp¢EW E N F AS DETERMINED BY NYSDEC 6/18/01 UNION FREE I1 IIIIjIIIIII�I'I � o�ow GIla Li JIntl I-ni ,L� UNanSCHOOL DISTRICT LC a c° ACA APPROX. COASTAL EROSION HAZARD LINE ° III II N � 0) � fl /A\, PER COASTAL EROSION HAZARD AREA MAP / I " TOWN OF SOUTHOLD; SUFFOLK COUNTY IIIIII II I .elm ill 11 1 \ • NEW YORK; PHOTO N0. 41-1185-83 ° CHILSED CROSS \ r I •- IN ROCK SHEET 49-FI OF 49; 8/29/88 IIII �����'�' (�ll \ o_ _: i/,n;fl'T+ �' •� ri Illi v L,- )f'T�j' 1Ip>jl Yli�ryt'I rte— _ ----- NEW _��_� I 6 " I ` \ `3�'O C] jlrl I r�; / . a.•� V QT.., QTB °° ° (III I III II \\\\ / 279. I I I ® 0� op •n 1!I l � i �i � I \\ (\ i W, V F- .8 0,1p\ \ \,( �3 �SS9p, I o0 000 0 ,� 1(111 P1 .! I! Ls-7"••o^g�. u",^ I �I i ,c c ai (IIIII II \ \T ,� i36— ---_� / BRASS / RR j `,,\`� I .., / / I _ / Z � ROCKY BFAC IIIIIII \ \��\ / �/ / ra- MARKER 1 n 1�Ii �I II I\ Imo, I \Ih\ i�_� , •o , t fL //// // \ •. M \/ / 1111 IIti__ •e i I I �,T`i , v •. � / —+I 1 Imo- .atrwieru.- , �j] .n ° ////// �J ��" •.`m9�\`\\ \�_-�"�� / 1 -e-8• 3' MIN. '1j1 ;� m9m°r'."'.o,n� ;IS `\�\y`. \�'-� H / oU , �` let, LNG POOL DETAIL j`i \..('. ,\� ,�•=-___ , , /'' ,� ■ i- n I - \ \ NOT to SCALE HIGH SEASONAL I _`\ •\ \ 1\ L ,aNn u GROUNDWATER FISHEH3 ISLAND SOUND ///� TRAN PAD SFORMER 1 I`. r:- "�\\�\� S • ��r \\\�' (2)-45,2•%7' STAKESFILMR FAT MIT HALL FABRIC I I ���,'` r� \ ,r • ,�••1,n \�� / ° (I// / r \ ! ♦moo _ /. rr ll Poe \• \I LOCATION MAP SCALE 1 "=400' V COMPACT FL " I i , w •o / MAP REFERENCES SDEC�URISDICTIONAL BOUNDARY S o / ANGLE le' UP SLOPE l `.' \7, \ 1.) SITE PLAN PREPARED FOR CAROLYN J. DOHERTY; RESERVOIR ,A o ^+ /I I FOR STAOIIIrr AND SILT FENCE BACKED \ 1� /AS DF,7(ERMINED BY N/YSD S/18/O7 ! w I I I I gy HAYgALE BARRIER \\ 1\ �� II 1 / 8 / SELF CLEANING y / O� ROAD; FISHERS ISLAND, NEW YORK; DATE: MARCH 23, 2001; SCALE: \ / / PERC i NOT To scuE _ LOT#1 T. �� I �,,.,... \ „�, 1"=40'; SHEET 1 OF 1; CHANDLER, PALMER & KING; NORWICH, CT. °° �\\\\�� \ / — •I I N/F #1 2. = IT / I I •�,.`,.W' `\ -7 '� ,..w ♦ 4 .uwx..000.w. FjTF,LLC I w.NNr \`• ,•` ` 4�„ ° 1 1 h I \ \ I A R-BOZO _ I I I I EXISTING WATER MAIN \ •"��® NOTES �r� w w t a'F� `fN -F, \ I I I I / \ SILVBR EEL COVE "`�"�' . WYA I I r`_i 102,8601 SQ. FR/ � / I CONEC VAno � ,,,;5,• , 1J THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE I I I 2.3r*1 ACRES \ I I / I I /CTOwER ow0iiwe' ' `CArilliM. \/ INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE L. —�alandwalydof / I I v \� \ PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR Y III III II III`=�� CoasjaLl3TosionHazardLirI I It\.5 \ `"'•"'�"" •w •* ` EXCEEDS THE SCOPE OF THE ENGAGEMENT. Z O ��1 �•1�4a N.RYI N. 11 I I I `l 53,950 sq.r \v'1 R h I / \ \ \ " v 1 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY a 0 Q +✓"VF,LOPMENT PROPOSED \\ V GP\ \ -�'� PERSON, UNLESS ACTING UNDER THE DIRECTION OFA LICENSED 0 O �J O� z LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. II IIII / l' � \ ��\ \/ �/j ; � J Cr o I \ I III ` • a _ __— N/F 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND o o- O z \ CHRISTOPHER L. m a > g \ n— A SURVEYORS SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL � �- �`� RAFFERTY KEY MAP SCALE 1 —1 O ARE THE PRODUCT OF THE LAND SURVEYOR. N X F_11� N FISHERS ISLAND SOUND I 1��� \�� N \\ \, F' �--sem 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S, COAST AND Cl a Xw TEST HOLE DATA _ \ o GEODETIC SURVEY TRIANGULATION STATION "PROS" 0 WITNESSED BY: RICHARD H. STROUSE P.E., L.S. Z V) N F 4•x n TH ill 4/D2/Ot 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX N I\ '� a, \ '� \ \ �� / \ ,r0 0"- 6" TOPSOIL MAP 1000, SECTION 009, BLOCK 8, LOT 2. \• \ \ 4� _ JEANNE A. MAY2, 4� IL- SM 24'�10' COARSE SA4" SANDY ND GRAVEL WATER ® 7Y- SP I p \ \ \\ G / 6. TOTAL AREA = 3.301 ACRES. / \ \ rye• fA \ SINGLE FAMILY RESIDENCE ) \ \\' U w O \ ON SITE SEPTIC k eY,� T.H. A2 5/31/01 o' I I I I / \ \ry\ \ 3W y y" \ MUNICIPAL WATER )�OD,� 0"- 14" TOPSOIL 7.) SITE IS LOCATED IN R-0OgR-BO ZONE. b �1 14"-32" SANDY SUBSOIL- SM IRON 7 I IAPPIZOX. LIIsITS OF / �� ,lbs • \ NE1o) PIPE >y 32"-56" SAND- SP 8.) % OF LOT COVERAGE PROPOSED FOR LOT IN R-40 ZONE WITH \j I \ �.� / � 56"-13' SANDY TILL- SM A BUILDABLE AREA OF 28,400 SQ. FT.= 6.2% (BUILDING, PORCH & S ' ITIDA� WET'INDS ASI Q4 WATER m 96" I FFLAG EO BY'I. COLE DpQ•� k \ � MORE COMPACT TILL ® 96"t STEPS = 1769 SQ. FT.). EXISTING BUILDING (TO BE REMOVED) _ I I & ` ERI�1IED BY IG, JUST 9 ,.y9• 1125 SQ, FT. EXISTING % OF LOT COVERAGE = 4%. ` J.f11.0. COMsULTINY 15' / \ ti / AD 03 8/04/06 E m m m \ I I d4/02/0'1 / •� �� / ADDITIONAL DATA FROM BORING BY GLACIER DRILLING a a I \ I I ( / DETAIL 9.) OWNER: CSO PATRICIA C. MOORE, ESQ. •• � (NOT TO SCALE) 24" 24" SANDY FILL E �/ !\ I >y I T� / •//•••• • / / 24"-34" SANDY 51020 MAIN ROAD o m •°� r 130 Ts Town of Southold 34"-66" SANDY SUBSOIL- SM SOUTHOLD, N.Y. 11971 !n o z z x 1 / # _ 631 -765-4330 z _ �¢ 'p / CO eJnants&Restrictions 66" 9' SANDY TILL W/ INE SA RS- SM i N m w I I COBBLE �jI / O 1 /ZSZr E 39? 9'-20' BROWN MEDIUM-FINE SAND, O W Ol o 0 0 0 BEACH , / / ., N F LIBER PAG LITTLE COARSE SANG AND FINE GRAVEL- SP 10.) PER TOWN OF SOUTHOLD ZONING REGULATION 280-104-A w 0 a —\ < < \\ '? aJ�l ""'""''"" + MARTHA P. LITCH WATER AT 14.7' FRONT YARD IS SHOWN AS AVERAGE OF EXISTING BUILDINGS WITHIN N 0 a z `= z I Si J 300 ' _ 36, aloe Soils Classification (USC) System (from ASTM D-oils, 5 0 rc o \�/ I \ \ �• rsn`ILF s• APPS OV€© BY Sand Divisions: Coarse), Clean and Sand and sand Soils, > @ a a ' `PG � �%+�"�".�•- � -� � Sands with Fines (SM), Clean Sand (little or no tinea) (SP) I HERBY CERTIFY THAT THE WATER SUPPLY AND SEWAGE DISPOSAL W PLANNING BOARD roup Symbols: SM.Sands, Silty ally S Sand- Silt Mixtures, SP- SYSTEM FOR THIS P )ECT WAS DESIGNED BY ME OR UNDER MY CK 0 0 0 8 / �'.• / `YM�1b Orly Graded sands, Groveny sande, little or no tinea. DIRECTION. BASED U ON A CAREFUL AND THOROUGH STUDY OF THE k+ f M \ \ X300 \ TOWN OF SOUTHOLD CS, USDA Soil ClossiRnotion- CuB SOIL, SITE AND UNDWATER CONDITIONS, THE LOT, AS PROPOSED, $ m n n r \ COMFORMS SUFFOLK COUNTY DEPARTMENT OF HEALTH n e n \y / / SEPTIC SYSTEM DESIGN '0 0 0 0 _ SERV CTION STANDARDS IN EFFECT AS OF THIS DAT . cEOF New y\ �`'� ti dewDr_ yRit r / DATE N M m ELEV. 13- LIMITS \\\ •' /PA fOR-AIODF IRON Op O N F 3 OR 4 BEDRROM RESIDENCE - -7 OF FLOOD ZONE VE (EL 13) \ • , IFADOIS� W PIPE `� WILLIAM H. WOOD 7 'r PER FIRM PANEL 19 \ n� �. CHAIN LINK y. • PROVIDE: RIC ARD ROUSE, P.E. 59363 L.S. #'49521 ATE � � 1000 GALLON SEPTIC TANK /\ 1 DISTRIBUTION BOX SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES a 3 �;• `c- Ilan °11�i1 in _ I STONE SLOPE •• • ' 2.21 \ 3• �O 20' 2 - LEACHING POOLS (SEE DETAIL) HAUPPAUGE, N.Y. CO f) LIMITS�j �•,�`" LIMITS OF TIDAL A� VA B '` G ROOF DRAM E CALCULATIONS DATE: P1f' /rQ% WETLANDS AS INDICATED h ? LOT 3.4 / -------- 0 a BY C. HAMILTON, • • • • PWS, Nip MNNTAW N/F 1750 S.F. X 1.0 X 2/12 = 292 CU. FT. ----------- E N n NYSDEC DEC. 13, 2006 \\ •• SLIT FBICE YICIQD / 292/50.27 = 5.8 - 6 V.F. oo o LVER EEL COVE �� win IYIYAE5 JANE HARVEY & 1 / USE I - B'0 % 6 FT. ORriVELL THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR GG ¢ w LOT2 aMUTo �n'"CroNCHARLES CURTIS EXISTING JD s / DEVELOPMENT FOR FITE=LLCIN THE O J TOWN OF SOUTHOLD WITH A TOTAL OF -2_ LOTS WAS APPROVED DILAPIDATED 1.5 STY. •�• t(p� / ` (ROM PIPE SINGLE FAMILY RESIDENCE HOUSE 0 3!, J ON THE ABOVE DATE, WATER SUPPLIES AND SEWAGE DISPOSAL '' w z z x DOCK N/F SEPTIC SYSTEM & h• �j Lb;r• \ FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT 'o o 3 w w FTIT,LLC MUNICIPAL WATER o' / / 'B� $� \ / - N/F NOW OR FORMERLY AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE a m o v AREA IN NM ZONE / N/F PERMITS PURSUANT TO THOSE STANDARDS, THIS APPROVAL SHALL S.F. SQUARE FEET BE VALID ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP IS QUALITY CONTROL CERTIFICATION 40,6701 SQ.FT. _ _ \� WILLIAM WOOD _ DATE: 08/16/2006 - 20 - EXISTING CONTOURS DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. GROUP REVIEWED A 0.931 ACRES CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH „ PROJECT MANACER �z Area landward of Command THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK SCALE; 1 = 40' )( FENCFE SURJEY '+ a Erosion Hazard Line& N/F \ IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND PRDNDE 20 FT JANET H. HARVEY & EXISTING \ 40 20 0 40 THE SUFFO COUNTY SANITARY CODE, ENVIRCIVIL L ApproX.WetlmdS LiDe (MEASURED FROM E%ILA NG aNYBUES) HO,'ET' /AT GRAPHIC SCALE IN FEET ____—__ VTO MINE(, P.E. SHEET crva 7 2 ON TURF BUFFER PLANTED R. DIXON H. sraucruaAL =28,40013q. ft, wrrH mm VEGETATION / /// - \ 1 OF 1 ARCHITECTURAL (ROSA• -R GOSH• BAYBERIM HARVEY, JR. \ DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY FILE 34693 _ - O , a ab " C F" EQUASTRIAN � a AVENUE �"ly P.{ r/1 N I IIIIIIIII� ' RESERVOIR ROADcd •� r7 •S g LOT i °vI'•' U 1 , z NYSDEC JURISDICTIONAL BOUNDARY {I III I II I N/F I o AS DETERMINED BY NYSDEC 6/18/01 IIII IIII I�I / LAG SCREW UNION FREE ICrt II I II I III / IN CONCRETE SCHOOL DISTRICT APPROX. COASTAL EROSION HAZARD LINE \ (VACANT LAND) PER COASTAL EROSION HAZARD AREA MAP (/ TOWN OF SOUTHOLD; SUFFOLK COUNTY, IIII II \ \ ) \ FOX LANE NEW YORK; PHOTO NO. 41-1185-83II� .� //--CHILSED CROSS J2 r , SHEET 49-FI OF 49; 8/29/88 III I��III 1` , IN ROCK WINTHROP DRIVE J�00+\ WHISTLER AVENUE REENWOOD ROAD 'f•� 5 F I I 1 \ \� \ \ 36—_.�y lSS go• TO.VBNiT 1�1 {l{{ BEE SU SEi iT ROCKY cb BEACH III III A \ i� / Trr>rycvJ ' X34_ J j ( 1 LOCATION MAP SCALE 1 "=400' \_32,\ 0 _,��\//I PREFERENCES I J \ �'I TRANSFORMER II ImI ' /�1 PAD 1.) STANDARD SUBDIVISION PLAN PREPARED FOR FITF, LLC J / ��/ / \ RESERVOIR ROAD; FISHERS ISLAND, NEW YORK; DATE: AUGUST 16, / ho/yJ 7y / •/ \ 2006; SCALE: 1"=40% SHEET 1 OF 1 ; CME ASSOCIATES ENGINEERING LAND SURVEYING & ARCHITECTURE, PLLC; NORWICH, f ill I / / /�// /��✓ // JI / NA CT. NYSDEc URISDICTJOOUNDARY��`�' / /�I CHRISTOPHER L. IN= AS DET RMI��9Y NYSDEC 6/18/01No I i Ij ' RAFFERTY I1.) THIS SURVEY NDICATED HEREON. ANY PREPARED O EXTENSIONFOR THE PARTIES BEYONDPURPOSE .I i 1 I 1 \ �• / � \�- � I I I PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR ,,LI,LLnOT#1 Z I EXCEEDS THE SCOPE OF THE ENGAGEMENT. I(PER I1�lAPARREEAERENCE) I I I / II I 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY — I 10 ,8601 SQ. FT��� I I I I LI \ PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED I I I I �\ J .3�At��iT� \\ I I I ) I p I / \ LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. Ih IIII I .I I I Y�_��Yrca landFard Of t I '�, 1 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND Coastal Errosion azard Line= SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL I II \ 53,950 sq. R oeO seavnnoN ARE THE PRODUCT OF THE LAND SURVEYOR. p \ F O Y "VACANT LAND" \ ( � ( \ \ o TOWER f \ 100\ \ E 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND � = O ELEV. 13- LIMITS I Itl I I r"/ �. \ \ \ \ ✓ i GEODETIC SURVEY TRIANGULATION STATION °PROS° ,ri I— p OF FLOOD ZONE VE (EL 13) Q PER FIRM PANEL 19 I \� 20 1' \ \ \� / CL Z p 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX 0 O w z PAID d I �\ \ MAP 1000, SECTION 009, BLOCK 8, PORTION OF LOT 2. W (n w C DR/VE w NI ` LTi O z FISHERS ISLAND SOUND I r` �\ s a \ 6.) TOTAL AREA = 2.361 ACRES. ? I- � U) f -�' \ ' \ I- ELJ 7.) SITE IS LOCATED INR-80 ZONE. ELI Of1 8.) BASE FOR LEVELS- NGVD 1929. w Z N/F o I � �• \� s~\ \\\\\\�A —\ 70 `\ LL JEANNE A. MAY .._ a 0 / °I NEwr O Jl \ 1 SpP�O"`H Srgo Up IAPPP OX. LI ITS OF � DELTA-3=3815'1 o I TID WET NDS AS / /RADIUS-245,11 ~ I & *ERIF�IED BY ED IG. JUSII. E�I / LENG H�13962 I� \ \ y,a• '�' ,�+o J. .0. COr��ISULTIN4 / �CyORD-N�5i8. 2"E 137,74\ 2 / p 5� I \ 1 I ¢a/oz/ t CERTIFIED T0T0: \ \�I II\\ II // I�� /� / �• (\ THE TOWN OF SOUTHOLD IN ACCORD CE WITH THE MINIMUM I 1 rr I I I LOT#2 STANDARDS FOR TITLE SURVEYS OF THE NEW YORK STATE (PERMAPREFERENCE) / \ LAND TITLE ASSOCIATION. z 0 \ FINAL - IRON � SURVEY w o PIPE 1 \ \ CHAIN LINK \� Z �\ \ FENCE \ S -00•\ 2 E c 2 Q V\\\\\\\ �• \ D 2 {fin LS F t a Q a rn DSILVER EEL COVE = \\ SEP 20 2007 D m DEPT OF LAND n m n 0 PRESERVATION z w w G o O w K 2 p J crcNQ d m n o U U f s N/F NOW OR FORMERLY DATE: 09/18/2007 ��u\ SF SQUARE FEET SCALE: 1 " = 40' 0.0. — — 30 — — EXISTING CONTOURS QUALITY CONTROL CERTIFICATION GROUP R EWER DATE 40 20 0 40 SHEET PROJECT MANAGER •i SMRVEY . 1% GRAPHIC SCALE IN FEET ENVIRONMENTAL CIVIL STRUGTURPL aoa pa. WINTM RL TURAL � 4 ' . A E R .1 A L M A P . . sot W . (05- t #r • • • '�:- 'a- 2i3 s .gr, • - i3Pk 3 `S, 1. .. } � R'° •/$ 41• • �. - � -+ k+°—" , art' t x a ' (Dixon .h A - III • • • - • 4 ° oposed Acquistion Area Fishers Island Sound -- -----------; '" t N11 g - "L ya Jr 1 u } ^ y t „ a a G , 3 » e ' • . Y 4 a " t yry _ 9