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HomeMy WebLinkAboutThe Whitaker House LLC ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 21, 2005 Mrs. Marie Beninati Whitaker House, LLC PO Box 1346 Southold, NY 11971 Dear Mrs. Beninati: Pursuant to Southold Town Code Chapter 87-7C, enclosed find the invoice fi'om Cleary Consulting for the SEQR review conducted for the Whitaker House Sanitary Flow Credits in November 2005. Please remit the invoice and payment directly to Cleary Consultants. Thank you for attention to this matter. Merry Christmas. Very truly yours, Lynda M. Bohn Deputy Town Clerk El'lc. CONSULTING Planning O Environmental Services Invoice BILL TO Patricia Finnegan Town of Southold, Town Hall Annex 54375 Route 25 Southold, NY 11971-0959 DATE INVOICE # 12/1/2005 05 348 P.O. NO. TERMS 05-509 Due on receipt DESCI~FI'ION AMOUNT 1,000.00 Transmitted herewith is an invoice for professional planning services provided to the Town of Southold regarding the SEQR review for the Whitaker House Sanitary Flow Credits. This work was conducted in November, 2005. Total Due = $1,000.00 Please remit to below address. Total $1,000.00 529 Asharoken Avenue · Northport, NY 11768 Phone (631) 754-3085 · Fax (631) 754-0701 Email: cleary@optonline.net www.clearyconsulting.com PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kier an.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney December 19, 2005 Whitaker House - Sanitary Flow Credits At Pat's request, I am enclosing Cleary Consulting's Invoice #05-348 in connection with the SEQR review regarding the referenced matter. Pursuant to the Southold Town Code, this invoice should be paid by Whitaker House, LLC directly. In this regard, kindly forward this invoice to Marie Beninati and ask her to send payment directly to Cleary Consulting. If you have any questions regarding this matter, please feel free to call me. Thank you. /Ik Enclosure ELIZABETH A. NEVgI,I,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 16, 2005 Made Beninati Whitaker House LLC PO Box 1346 Southold, NY 11971 Dear Mrs. Beninati: The Southold Town Board, at its regular meeting of December 6, 2005, adopted the SEQR resolution for your application for the transfer of sanitary flow credits. Enclosed is a copy of the certified resolution.. Very truly yours, Deputy Town Clerk BBc. ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~rTown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-744 Resolution ID: 1323 Meeting: 12/06/05 04:30 PM Department: Town Attorney Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-744 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 2005: WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving an application for the transfer of sanitary flow credits; and WHEREAS, the purpose of the application involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two- story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment. Elizabeth A. Neville Southold Town Clerk .GIVEN ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANTS October 4, 2005 Patricia A. Finnegan, Esq. Office of the Town Attorney Town of Southold Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971-0959 Re: Preliminary Value Estimate of Affordable Housing District Credits Dear Ms. Finnegan: As per your request, regarding a reasonable value estimate for Affordable Housing District (AHD) development credits, I offer the following: The credits have two potential uses: 1. To establish an apartment in conjunction with a commercial building. 2. To get an additional lot for development with affordable housing. In both instances, the extra development would be consistent with the town zoning code (although a zone change may be necessary in some instances), but the real reason for the development credit is to satisfY Health Department minimum lot size requirements. Based upon my research, I feel that the value of the development credits would be affected by their potential use; that is, I feel the value of a development credit used to establish an apartment in a commercial building, would have a value different from a credit used to increase the number of lots in an affordable housing development. In estimating the value of a development credit that could be used for the development of an affordable apartment, I have considered the range of rent specified in the town code, which runs from $777.00/month for an efficiency up to $1,288.00 for a four-bedroom unit. Utilizing a two-bedroom rent of $1,000.00 as a midpoint would indicate a gross income of $12,000.00. From this income we would have to deduct certain expenses, which I have estimated as follows: BOX 5305, 548 ROUTE 111, HAUPPAUGE, NY 11788 (631) 360-3474 FAX (631) 360-3622 www,~livenassociates.com Patricia Finnegan, Esq. October 4, 2005 Gross Potential Income Less Vacancy & Credit Loss @ 5% Adjusted gross income Less Expenses Insurance Taxes Maintenance @ 5% Management @ 5% Total Expenses Indicated Net Profit $800.00 $1,200.00 $570.00 $570.00 $12,000.00 $600.00 $11,400.00 $3,140.00 $8,260.00 Recognizing that there should be an allowance to recapture the cost of construction, which I would preliminarily estimate at $7,000.00 per year for 20 years. After this deduction, the indicated net income for the property would be $1,260.00. In capitalizing this net income into a current value, I will use a 9% capitalization rate which is consistent with current returns and interest rates. Utilizing this capitalization rate and a net income of $1,260.00, indicates a current value of $14,000.00. Based upon this estimated net value, I feel that a development credit for an apartment use, could have a value in a range from $5,000.00 to $15,000.00. In estimating a current market value for a development credit to be used to increase the yield for the construction of single family affordable homes, I have again considered a scenario, which hopefully would be reflective of the current market and indicate a value for the credit. In this scenario, I have estimated the value of a two acre building lot at $400,000.00. If the owner of this building lot were to apply for an AHD zone change, he would be allowed to have a yield based on 1/4 acre lots; however, the health department would allow only four lots (one per 20,000 SF), therefore if the owner were successful in getting a zone change to the AHD zone, the developer could, without obtaining any credits, construct four houses on his two-acre lot and the lot value would have to be $100,000.00 or more per half acre lot in order to make it worthwhile. Obviously a ~ acre lot would be worth more than $100,000.00 in the Town of Southold; GIVEN Patricia Finnegan, Esq. October 4, 2005 however, if you can only construct on this lot, a house that Would have a maximum sale price of $266,500.00, it may not be possible with a lot cost of $100,000.00. If the developer in the above scenario were to purchase four development credits from the Town, he could now develop the property with eight units, which would mean the value of the lots would have to be $50,000.00 or more to make it viable. A $50,000.00 lot cost would in my opinion, allow the construction of a modest single family home, which could then be sold in the range of $213,300.00 to $266,500.00 and still allow for a profit to be made by the developer. After considering what I conclude are reasonable costs for the construction of modest homes (approx. $100 per SF for modular homes and $130-$150 per SF for an on site constructed home), I feel, a potential value for a development credit used to increase yield could be in the range of $10,000 to $20,000. Please note that the above is my opinion of a reasonable range of market value for the development credits, and this opinion is based upon the presented scenarios. If the components of these scenarios should change, there could be a substantial difference in the value of these credits. If you have any questions or would like to discuss this matter further, please call me. Sincerely, Patrick A. Given, SRPA N.Y.S. Certified General Real Estate Appraiser ff46-704 PG:Is I:\LETTERS~.005 LE~i'ERS\FINNEGAN, PATRCIA 2 (AH[3) 8-5-05.wpd GIVEN APPRAISER'S QUALIFICATIONS PATRICK A. GIVEN, SRPA DESIGNATIONS: SRPA/Appraisal Institute CSA-G/Columbia Society of Real Estate Appraisers MEMBER: Senior member of the Long Island Chapter of the Appraisal Institute; Senior member and Past Governor of Columbia Society of Real Estate Appraisers; New York State Society of Real Estate Appraisers; National Association of Real Estate Boards; New York State Association of Real Estate Boards; Long Island Board of Realtors EDUCATION: A.A.S. - Suffolk County Community College; B.B.A. - Hofstra University; Society of Real Estate Appraisers; Course 101, Introduction to Real Estate Appraising Course 201, Income Property Valuation Course 202, Applied Income Property Appraising Standards of Professional Practice Columbia Society of Real Estate Appraisers; Course I and II Attended numerous seminars and lectures on real estate appraising GIVEN APPRAISER'S QUALIFICATIONS (CONTINUED) PATRICK A. GIVEN, SRPA STATE CERTIFICATION: Patrick A. Given has been certified as a General Real Estate Appraiser by the State of New York, Certificate ~[46-704 EXPERIENCE: Patrick A. Given is a real estate appraiser and consultant and is a partner in the firm of Given Associates, LLC, 548 Route 111, Hauppauge, New York 11788 (631-360-3474). He has been active in the real estate and appraisal field for more than thirty years. Licensed real estate broker. Past Chairman of Town of Smithtown's Board of Assessment Review. Has lectured on real estate appraising at Stony Brook University and Hofstra University. Has prepared appraisals for the Federal Government, State of New York (various agencies), County of Suffolk, Town of Smithtown, Town of Islip, Town of Babylon, Town of Southampton, Town of Southold, Town of East Hampton, Town of Brookhaven, Town of Riverhead, Suffolk County Water Authority, Incorporated Villages, banks, corporations, attorneys, estates, school districts and individuals. These appraisals have included all forms of real estate, such as residential, commemial, industrial and leaseholds. Has testified as an expert in real estate values in the Federal District Court, Supreme Court of New York (both Nassau and Suffolk Counties) and New York State Court of Claims. Has been tested and qualified as a fee appraiser by the State of New York. EGIVEN PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan @town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran (¢town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms, Joanne Liguori Lynne Krauza Secretary to the Town Attorney December 8, 2005 Whitaker House LLC Sanitary Flow Credits - SEQRA Report I am enclosing the SEQR Report prepared by Cleary Consulting in connection with the referenced matter. Kindly have Josh sign the report where indicated and return it to me so that I can have Pat Cleary sign it as preparer. I will make certain that the original is given to the Town Clerk for their file. I have also included a copy of the resolution authorizing same. Thank you for your attention. If you have any questions, please call me. /Ik Enclosures cc: Ms. Elizabeth Neville, Town Clerk (w/encls.) c,~ 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQR Project Number Date November 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Town Board as lead agency, has determined that the proposed action described below will not have a significant effect on the environmental and a Draft Environmental Impact Statement will not be prepared. Name of Action: Whitaker House LLC, Sanitary Flow Credits SEQR Status: Type I [] Unlisted [] Conditioned Negative Declaration: Yes [] No [] Description of Action: This action involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) 82795 Main Road, Town of Southold, Suffolk County SEQR Negative Declaration Page 2 REASONS SUPPORTING THIS DETERMINATION: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) See A~ached If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. For Further Information: Contact Person: Address: Telephone Number: Elizabeth A. Neville, Town Clerk Town Hall, 53095 Route 25, Southold, NY 11971 631-765-1800 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Dep't of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-0001 NYSDEC Region 1, SUNY, Building 40, Stony Brook, NY 11790 Supervisor, Town of Southold, Town Hall 53095 Route 25, Southold, NY 11971 Applicant (if any) Other Involved Agencies (if any) REASONS SUPPORTING THIS DETERMINATION: This action involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. The action will not result in a significant adverse change in existing air quality. The proposed action involves interior renovations and associated site improvements, and principally the addition of two accessory apartments, which requires the transfer of sanitary flow credits to accommodate the increased residential density on the site. No adverse air quality impacts are anticipated as a result of the proposed amendments. No negative impacts to surface or ground water features will result from the proposed action. The transfer of sanitary flow credits represents a planning tool that redistributes development potential from areas where development would result in adverse environmental impacts (Sending Districts), to areas where the capacity to support additional development exists, such as the Town's Hamlet Centers (Receiving Districts). Consequently, this action will not result in any overall increase in sanitary discharges into ground water. Furthermore, all subsurface sanitary disposal systems must still be approved by the Suffolk County Department of Health. As a result, the proposed amendments will not result in any significant adverse impacts to the Town's surface or ground water features. New long term, permanent noise impacts are not anticipated. Once again, the action involves the transfer of sanitary flow credits to facilitate the re-use of an existing building. The proposed action will therefore, not result in adverse noise impacts. The project will not create any new flooding impacts. The site is not located within a floodplain or a flood prone area. As a result, the action will not result in any significant adverse flooding impacts. The site is located at the western end of the Southold Hamlet Center. Traffic volumes along Route 25 in this area are significant. The proportional increase in traffic volumes resulting from the new office use and two apartments (which represents less residential use than previously existed in the building) will not result in an adverse impact to traffic conditions. The site has been designed so that all off-street parking is accessed from Horton's Lane, and not Route 25 to avoid creating new access conflict points. Additionally, the office and residential uses in the building have different trip generation peak hour times, further reducing any potential adverse impacts. It can therefore be anticipated that the transfer of sanitary flow credits for this project will not result in a significant adverse impact to existing traffic conditions. 6. The proposed action will not result in a substantial change to existing solid waste generated from the site. Existing and future solid waste generation will continue to be disposed of in accordance with existing Town procedures. 7. The site is already a developed property. The transfer of sanitary flow credits to permit two apartments will not result in any impacts to vegetation. 8. As noted above, the transfer of sanitary flow credits to permit two apartments within the existing Whitaker House will not result in any significant adverse impacts to rare, threatened or endangered species of animals, or the habitat of such species. 9. The proposed action does not create a material conflict with the community's current development plans or goals. Utilizing sanitary flow credits to redirect development from the Town's open space and agricultural areas to the Hamlets is a fundamental long term goal of the community. 10.The proposed development of two apartments within the Whitaker House will not result in any significant exterior modifications to the building or its exterior fa(;ade. As a result, the proposed amendments are not anticipated to result in ay adverse impacts to historical or archaeological, resources. 11 .The action will not result in any aesthetic or visual impacts. No adverse impacts will result. 12.The proposed action will not result in as a major change in the quantity or type of energy currently used. No significant adverse environmental impacts are anticipated. 13.The proposed transfer of sanitary flow credits will not create a hazard to human health. 14.This action will not result in changes in two or more elements of the environment, which alone would not have as a significant effect on the environment, but when considered together, would result in as a substantial adverse impact on the environment. SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of 'significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three pads: Part f: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Pads 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Pad 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Pad 2 [] Pad 3 Upon review of the information recorded on this EAF (Pads 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and impodance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Whitaker House LLC, Sanitar~ Flow Credits Name of Action Town of Southold - Town Board Joshua Y. Ho~on Name of Lead Agency Print or Type Name of Responsible Office in Lead Agency supervisor Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) November 2005 Date PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any information you believe will be needed to compiete Parts 2 and 3. it is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so iodicate and specify each instance. NAME OF ACTION Whitaker House LLC, Sanitary Flow Credits LOCATION OF ACTION 52875 Main Road, southeast corner of Route 25 and Horton's Lane in the Hamlet of Southold NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE (631) 765-5333 The Whitaker House, LLC ADDRESS 8275 Main Road, PO Box 1346 CITY/PO Southold NAME OF OWNER(if different) ADDRESS STATE J ZIP CODE New York 11971 BUSINESS TELEPHONE CITY/PO STATE I ZIP CODE DESCRIPTION OF ACTION This action involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [] Urban []Industrial [] Commemial [] Residential(suburban) [] Forest [] Agriculture []Other 2. Total acreage of project ama: .4'1 acres []Rural(non-farm) APPROXIMATE ACREAGE Meadow or BrusMand (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc Wetland(Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) 5. Approximate percentage of proposed project site with slopes: [] 0-10% 100% [] 15% or greater__ PRESENTLY AFTER COMPLETION -4,000 square feet -13,850 square feet Roads, buildings and other paved surfaces -4,000 square feet Other (Indicate type) -13,850 square feet What is predominant soil type(s) on project site? Haven-Riverhead Associations a. Soil drainage: [] Well drained 100% of site [] Moderately well drained of site [] Poorly drained __ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? -0- acres (See 1 NYCRR 370). Are theirs bedrock outcroppings on project site? []Yes [] No a. What is depth to bedrock? (in feet) [] 10-t5% 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [] Yes [] No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [] No 8. What is the depth of the water table? ~ 5' (in feet) 9. Is site located over a pdmary, principal, or sole source aquifer? [] Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? r~Yes [] No 1'1. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [] Yes [] No According to New York State Natural Heritafle Inventory Identity each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [] Yes [] No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [] Yes [] No Ifyes, explain 14. Does the present site include scenic views known to be important to the community? [] Yes [] No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes ponds, wetland areas within or contiguous to project area: a. Name __ b. Size (In acres) 17. is the site served by existing public utilities? [] Yes •No a) If Yes, does sufficient capacity exist to allow connection? [] Yes [] No [] N/A b) If Yes, will improvements be necessary to allow connection? [] Yes [] No [] N/A f8. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes [] No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [] Yes [] No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes [] No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor .4'1 acres b. Project acreage to be developed: .41 acres initially; ,41 acres ultimately. c. Project acreage to remain undeveloped NIA d. Length of project, in miles: N/A (if appropriate). e. If the project is an expansion, indicate percent of expansion proposed N/A %. f. Number of off-street parking spaces existing __; proposed 16 g. Maximum vehicular trips generated per hour 6 h. If residential, Number and type of housing units: N/A One Family (2) Two Family Initially Ultimately 2 Multiple Family Condominium I. Dimensions (in feet) of largest proposed structure 2 stories height; 62' width;. 38' length j. Linear feet of frontage along a public thoroughfare project will occupy is? 136' ft. 2. How much natural material (i.e., rock, etc.)will be removed from the site? -0- to~s/cubic yards. 3. Will disturbed areas be reclaimed? [] Yes [] No [] N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A $. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [] Yes [] No [] N/A 6. If single phase project: Anticipated pedod of construction 1 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? [] Yes [] No [] N/A 9. Number of jobs generated: during construction 10 - 20 fO. Number of jobs eliminated by this project? 0 11. Will project require relocation of any projects or facilities? If yes, explain --~ months, (including demolition). year,(including demolition). year. [] Yes [] No ; after project is complete? 5 [] Yes [] No '12. Surface liquid waste disposal involved? [] Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type. 14. Will surface area of an existing water body increase or decrease by proposal? [] Yes Explain [] No 15. Is project, or any portion of project, located in a 100 year flood plain? [] Yes [] No 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? No chanoe tons. b. If yes, will an existing solid waste facility be used? [] Yes [] No c. If yes, give name landfill .; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [] Yes e. If Yes, explain Recvcables 17. Will the project involve the disposal of solid waste? ? [] Yes [] No a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [] Yes [] No '19. Will project routinely produce odors (more than one hour per day)? [] Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes [] No 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) [] No 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day <2,000 gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain ;25. Approvals Required: City, Town, Village Board [] Yes [] No City, Town, Village Planning Board [] Yes [] No City, Town Zoning Board [] Yes [] No City, County Health Department [] Yes [] No Other Local Agencies [] Yes [] No Other RegionalAgencies [] Yes [] No State Agencies [] Yes [] No FederalAgencies [] Yes [] No Type TDR Approval Submittal Date C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? [] Yes [] No If Yes, indicate decision required: []zoning amendment [] zoning variance [] special use permit []subdivision []site plan [] new/revision of master plan [] resoume management plan [] other TDRApproval 2. What is the zoning classification(s) of the site? HB - Hamlet Business 3. What is the maximum potential development of the site if developed as permitted by the present zoning? No Change 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? No Change 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? Commercial. Residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? [] Yes [] No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No If. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? [] Yes [] No a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No [] N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. If yes, is the existing read network adequate to handle the additional traffic? [] Yes [] No [] N/A D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Town of Southold Date November, 2005 Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2-OOJECT IMPACTS AND THEIR M~NITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question, The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2, Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact, if impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially ~arge (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the proiect to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. Impact on Land 1. Will the Proposed Action result in a physical change to the project site? [] NO [~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage, · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a santary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) [] NO [~YES · Specific land forms: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Ye~ [] No [] [] [] Yea [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) [] NO F1YES Fxamples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will Proposed Action affect any non-protected existing or new body of water?, [] NO [--~YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? [] NO [~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residentia~ uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industhal uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: 6. Will Proposed Action alter drainage flow or pattems, or surface water runoff? [] NO [~YES Examples that would apply to column 2 · Proposed Action would change flood water tlows 1 Small to Moderate Impact 2 Potential Large Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No 7 · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will Proposed Action affect air quality? [] NO [~YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed Action will allow an increase in the amount of land committed to industrial use, · Proposed Action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? [] NO [~]YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. · Removal of any portion of a cdtical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? [] NO [~YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation, · Other impacts: IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? [] NO F~YES Examples that would apply to column 2 · The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, omhard, etc.) 1 Moderate Impact [] [] [] [] [] [] [] [] 2 Potential Large Impact [] [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No 8 Small to · Construction activity would excavate or compact the soil profile of agricultural land. · The Proposed Action would irreversib[y convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The Proposed Action would disrupt or prevent installation of agricultural land management systems (e,g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures {e.g. cause a farm field to drain poody due to increased runoff). · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? [] NO ~--]YES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be impodant to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? [] NO r-'~YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of histodc places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? [] NO ~'-~YES Examples that would apply to column 2 · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Chan~e [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental urea (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? [] NO [~YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 · Proposed Action to locate within the CEA? · Proposed Action will result in a reduction in the quantity of the resource? · Proposed Action will result in a reduction in the quality of the resource? · Proposed Action will impact the use, function or enjoyment of the resource? · Other impucts: IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? [] NO r-'lYES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? [] NO E~YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? [] NO E~]YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No 10 IMPACT ON PUBLI~HEALTH 18. Will Proposed Action affect public health and safety? [] NO r~YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. · Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? [] NO I~YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed Action will conflict with officially adopted plans or goals. · Proposed Action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and tire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: Small to Moderate Impact [] [] [] [] [] [] [] [] [] [] [] [] [] 2 Potential Large impact [] [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? [] NO F~YES 11 If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or moro impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need moro space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) Comprehensive Implementation Strategy - Generic Environmental Impact Statement: A full and complete evaluation of the environmental impact of development within the HB zoning district is set forth in the 2003 Town of Southold Comprehensive Implementation Strategy, Generic Environmental Impact Statement, and subsequent Findings adopted by the Town Board, and the Town of Southold Hamlet Study, 2005. These documents are hereby incorporated herein by reference. 12 ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2005-744 Resolution ID: 1323 Meeting: 12/06/05 04:30 PM Department: Town Attorney Category: Seqra THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-744 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 2005: WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving an application for the transfer of sanitary flow credits; and WHEREAS, the purpose of the application involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two- story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment. #7641 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Bur.qon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for Sworn to before me this 2005 weeks, successively, commencing on the November ,2005 day of 24th day of /'~/'~,~inci%al Clerk CHRISTINA VOLIF!$KI NOTARY PUBLiC-STATE C?: ~BW YORK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of South- old will h I Ii h ' n th - D#calion of The Whilaker House LLC for transfer of Snnltarv Flow Credits #! the Southold Town HalL 53095 Main Road. Southold. New York on the 6th day of December. 2005 at 5.'00 u_m.. at which time all interested persons wiU be given an opportunity to be heard. The applicant has requested the transfer of Sanitary Flow Credits in order to allow two (2) accessory apartments at 8275 Main Road, Southold, N.Y. 11971. Dated: November 10, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town df Southold, New York being duly sworn, says that on the day of 2005, she affixed a notice of which th~ annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Ma~n Road, Southold, New York. Notary Public 7641-1T 11/24 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so thet we can return the card to you. i · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artic~ Addressed to: A. Signature o · / D. Is delivery ~ddress dlfferent from item l? I~ y~ If YES, enter ~v~ add~ ~: ~ No ed Mail [] Express Mail El Registered [] Return Receipt for Memhandise -- [] Insured Mai~l [] C.O.D~ -- -- I 4. Restricted Delivery? (Extra F~e) Y-] Yes 2. A~ticle Number (Tr~s~.~m~lc~0 7005 0390 0002 3595 3588 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete Items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addmssed to: [] Agent [] Addressee Received by ~ Name) C. Date of Delivery D. Is delive~ [] Yes If YES, enter delivery add/r/r~,. [] No ./ :/ [] Express Mail [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 2. ,~ticle Number 7005 0390 000P 3595 3601 (Transfer f~orn sew/ce/abe/) PS Form 3811, February 2004 Domestic Return Receipt 102595-O2-M-1540 ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER KECORDS MANAGEMENT OFFICER FILEEDOM OF INFORMATION OFFICER ~rown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-735 Resolution ID: 1318 Meeting: 11/22/05 07:30 PM Department: Town Clerk Category: Sanitary Flow Credits THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-735 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 22, 2005: RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant pursuant to the procedures set forth in Chapter 87 of the Town Code: $7500 per credit to be used to create an accessory apartment $12,500 per credit to be used to create a single family home Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to an applicant in fractional amounts no smaller than a tenth of a credit. Elizabeth A. Neville Southold Town Clerk Neville, Elizabeth From: Sent: To: Subject: Finnegan, Patricia Tuesday, December 06, 2005 2:44 PM Neville, Elizabeth FW: Sanitary Flow Credits Betty- this should be included in the file for tonight's hearing. Pat ..... Original Message- - From: Hilbert, Walter [mailto:Walter.Hilbert@suffolkcountyny.gov] Sent: Monday, December 05, 2005 5:26 PM To: Finnegan, Patricia Subject: RE: Sanitary Flow Credits Pat, '~he following TDR credits are required in order to obtain two apartments at the Whitaker House (C10 05-0004) Allowable site density .413 acre x 600 gpd/acre = 248 gpd Previously approved uses = 173 gpd Existing excess site density = 248 -173 = 75 gpd 2 apartment < 600 sq.ft. = 300 gpd Present site deficit = 300 - 75 = 225 gpd 1 TDR credit = 300 gpd Site requires 225/300 or 0.75 credits If you have any questions, please do not hesitate to contact me. Thanks, Walter ..... Original Message-- From: Finnegan, Patricia [mailto:Patricia. Finnegan@town.southold.ny.us] Sent: Monday, December 05, 2005 2:31 PM To: Walter Hilbert (E mail) Subject: Sanitary Flow Credits Hi Walter- When we spoke last week, you indicated that you were going to send me something in writing confirming the Sanitary Flow Credits required for the applicant to get the two apartments in the Whitaker House, in addition to the first floor office use that currently is approved. The hearing is tomorrow. The referenec number is C10 05-0004. Thanks, Pat Patricia A. Finnegan Town Attorney Town of Southold Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, N.Y. 11971 PATRICIA A. F]i~rNEGAN TOWN ATTORNEY patricia.f'mnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Members of the Town Board Patricia A. Finnegan, Esq., Town Attorney November 29, 2005 TDR/Sanitary Flow Credits Attached please find a copy of the SEQRA review performed by Patrick Cleary regarding the transfer of sanitary flow credits to the Whitaker House property, which is scheduled for hearing on December 6, 2005. Please contact me if you have any questions. PAF/Ik Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) ~ TOWN BOARD RESOLUTION ~, 2005 SEQR DETERMINATION OF SIGNIFICANCE NEGATIVE DECLARATION FOR TRANSFER OF SANITARY FLOW CREDITS FOR THE WHITAKER HOUSE LLC WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving an application for the transfer of sanitary flow credits; and WHEREAS, the purpose of the application involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form. On the motion of ; seconded by ( it was adopted by the following vote: AYES: NAYS: ABSTAINED: ABSENT: Joshua Y. Horton, Supervisor The resolution was thereupon duly adopted. 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQR Project Number Date November 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Town Board as lead agency, has determined that the proposed action described below will not have a significant effect on the environmental and a Draft Environmental Impact Statement will not be prepared. Name of Action: Whitaker House LLC, Sanitary Flow Credits SEQR Status: Type l [] Unlisted [] Conditioned Negative Declaration: Yes [] No [] Description of Action: This action involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) 82795 Main Road, Town of Southold, Suffolk County SEQR Negative Declaration Page 2 REASONS SUPPORTING THIS DETERMINATION: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) See Attached If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. For Further Information: Contact Person: Address: Telephone Number: Elizabeth A. Neville, Town Clerk Town Hall, 53095 Route 25, Southold, NY 11971 631-765-1800 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Dep't of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-0001 NYSDEC Region 1, SUNY, Building 40, Stony Brook, NY 11790 Supervisor, Town of Southold, Town Hall 53095 Route 25, Southold, NY 11971 Applicant (if any) Other Involved Agencies (if any) REASONS SUPPORTING THIS DETERMINATION: This action involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and rouse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. The action will not result in a significant adverse change in existing air quality. The proposed action involves interior renovations and associated site improvements, and principally the addition of two accessory apartments, which requires the transfer of sanitary flow credits to accommodate the increased residential density on the site. No adverse air quality impacts are anticipated as a result of the proposed amendments. No negative impacts to surface or ground water features will result from the proposed action. The transfer of sanitary flow credits represents a planning tool that redistributes development potential from areas where development would result in adverse environmental impacts (Sending Districts), to areas where the capacity to support additional development exists, such as the Town's Hamlet Centers (Receiving Districts). Consequently, this action will not result in any overall increase in sanitary discharges into ground water. Furthermore, all subsurface sanitary disposal systems must still be approved by the Suffolk County Department of Health. As a result, the proposed amendments will not result in any significant adverse impacts to the Town's surface or ground water features. New long term, permanent noise ~mpacts are not anticipated. Once again, the action involves the transfer of sanitary flow credits to facilitate the re-use of an existing building. The proposed action will therefore, not result in adverse noise impacts. The project will not create any new flooding impacts. The site is not located within a floodplain or a flood prone area. As a result, the action will not result in any significant adverse flooding impacts. The site is located at the western end of the Southold Hamlet Center. Traffic volumes along Route 25 in this area are significant. The proportional increase in traffic volumes resulting from the new office use and two apartments (which represents less residential use than previously existed in the building) will not result in an adverse impact to traffic conditions. The site has been designed so that all off-street parking is accessed from Horton's Lane, and not Route 25 to avoid creating new access conflict points. Additionally, the office and residential uses in the building have different trip generation peak hour times, further reducing any potential adverse impacts. It can therefore be anticipated that the transfer of sanitary flow credits for this project will not result in a significant adverse impact to existing traffic conditions. 6. The proposed action will not result in a substantial change to existing solid waste generated from the site. Existing and future solid waste generation will continue to be disposed of in accordance with existing Town procedures. 7. The site is already a developed property. The transfer of sanitary flow credits to permit two apartments will not result in any impacts to vegetation. 8. As noted above, the transfer of sanitary flow credits to permit two apartments within the existing Whitaker House will not result in any significant adverse impacts to rare, threatened or endangered species of animals, or the habitat of such species. 9. The proposed action does not create a material conflict with the community's current development plans or goals. Utilizing sanitary flow credits to redirect development from the Town's open space and agricultural areas to the Hamlets is a fundamental long term goal of the community. 10.The proposed development of two apartments within the Whitaker House will not result in any significant exterior modifications to the building or its exterior fa(;ade. As a result, the proposed amendments are not anticipated to result in ay adverse impacts to historical or archaeological, resources. 11.The action will not result in any aesthetic or visual impacts. No adverse impacts will result. 12.The proposed action will not result in as a major change in the quantity or type of energy currently used. No significant adverse environmental impacts are anticipated. 13.The proposed transfer of sanitary flow credits will not create a hazard to human health. 14.This action will not result in changes in two or more elements of the environment, which alone would not have as a significant effect on the environment, but when considered together, would result in as a substantial adverse impact on the environment. 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant, The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance, The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 [] Part 3 Upon review of the information recorded on this EAF (Pads I and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Whitaker House LLC, Sanitary Flow Credits Name of Action Town of Southold - Town Board Joshua Y. Horton Name of Lead Agency Print or Type Name of Responsible Office in Lead Agency Supervisor Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible ~fficer) November 2005 Date PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answem to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Whltaker House LLC, Sanitary Flow Credits LOCATION OF ACTION 52875 Main Road, southeast corner of Route 25 and Horton's Lane in the Hamlet of Southold NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE The Whitaker House, LLC (631) 765-5333 ADDRESS 8275 Main Road, PO Box 1346 CITY/PO Southold NAME OF OWNER(if different) STATE ZIP CODE New York 11971 BUSINESS TELEPHONE ADDRESS CITY/PO STATE ] ZIP CODE DESCRIPTION OF ACTION This action involves the transfer of sanitary flow credits from the Town's Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory al~artments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Presentland use: [] Urban [-]Industrial [] Commercial [] Residential(suburban) []Rural(non-farm) [] Forest [] Agriculture [~Other Total acreage of project area: .41 acres APPROXIMATE ACREAGE Meadow or Brushland (Non-agricufiural) Forested Agricultural (Includes omhards, cropland, pasture, etc Wetland(Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area 5. Approximate percentage of proposed project site with slopes: [] 0-10% 100% [] 15% or greater__ PRESENTLY AFTER COMPLETION -4,000 square feet -13,850 square feet Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces -4,000 square feet Other (Indicate type) -13,850 square feet What is predominant soil type(s) on project site? Haven-Riverhead Associations a. Soil drainage: [] Well drained 100% of site [] Moderately well drained__ of site [] Poorly drained __ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? -0- acres (See 1 NYCRR 370). Are there bedrock outcroppings on project site? ~-]Yes [] No a. What is depth to bedrock? (in feet) [] ~ 04 5O/o 2 6, Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [] Yes [] No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [] No 8. What is the depth of the water table? ~ 5' (in feet) 9. Is site located over a primary, principal, or sole soume aquifer? [] Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? r~Yes [] No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [] Yes [] No According to New York State Natural Herltaf:le Inventory Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [] Yes [] No Describe 13, Is the project site presently used by the community or neighborhood as an open space or recreation area? [] Yes [] No Ifyes, explain 14. Does the present site include scenic views known to be important to the community? [] Yes [] No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes ponds, wetland areas within or contiguous to project area: a. Name __ b. Size (In acres) 17. Is the site served by existing public utilities? [] Yes []No a) If Yes, does sufficient capacity exist to allow connection? [] Yes [] No [] N/A b) If Yes, will improvements be necessary to allow connection? [] Yes [] No [] N/A 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes [] No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [] Yes [] No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes [] No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by proJect sponsor .41 acres b. Project acreage to be developed: .41 acres initially; .41 acres ultimately. c. Project acreage to remain undeveloped N/A d. Length of project, in miles: NIA (if appropriate). e. If the project is an expansion, indicate percent of expansion proposed N/A %. f. Number of off-street parking spaces existing ; proposed '16 g. Maximum vehicular trips generated per hour 6 h. If residential, Number and type of housing units: N/A One Family (2) Two Family Initially Ultimately 2 Multiple Family Condominium I. Dimensions (in feet) of largest proposed structure 2 stories height; 62' width;. 38' . length j. Linear feet of frontage along a public thoroughfare project will occupy is? 136' ft. 2. How much natural material (i.e., rock, earth, etc.)will be removed from the site? -0- tons/cubic yards. 3. Will disturbed areas be reclaimed? [] Yes [] No [] N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [] Yes [] No [] N/A 6. If single phase project: Anticipated period of construction f 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? [] Yes [] No [] N/A 9. Number of jobs generated: during construction 10 - 20 10. Number of jobs eliminated by this project? 0 11. Will project require relocation of any projects or facilities? If yes, explain __ months, (including demolition). year,(including demolition), year. [] Yes [] No ; after project is complete? 5 [] Yes [] No 12. Surface liquid waste disposal involved? [] Yes [] No a. if yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type 14. Will surface area of an existing water body increase or decrease by proposal? [] Yes Explain [] No 15. Is project, or any portion of project, located in a 100 year flood plain? 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? No chanqe tons. b. If yes, will an existing solid waste facility be used? [] Yes [] No c. If yes, give name landfill ;location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. if Yes, explain Recycables [] Yes [] No [] Yes [] No '17. Will the project involve the disposal of solid waste? ? [] Yes [] No a. If yes, what is the anticipated rate of disposal? tons/month, b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [] Yes [] No 19. Will project routinely produce odors (more than one hour per day)? [] Yes [] No 20. Wilt project produce operating noise exceeding the Iocat ambient noise levels? [] Yes 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate typo(s) [] No 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day <2,000 gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain 4 25. Approvals Required: City, Town, Village Board [] Yes [] No City, Town, Village Planning Board [] Yes [] No City, Town Zoning Board [] Yes [] No City, County Health Depattment [] Yes [] No Other Local Agencies [] Yes [] No Other RegionalAgencies [] Yes [] No State Agencies [] Yes [] No Federal Agencies [] Yes [] No Type TDR Approval Submittal Date C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? [] Yes [] No If Yes, indicate decision required: []zoning amendment [] zoning variance [] special use permit r-]subdivision r-]site plan [] new/revision of master plan [] resoume management plan [] other TDRApproval 2. What is the zoning classification(s) of the site? HB - Hamlet Business 3. What is the maximum potential development of the site if developed as permitted by the present zoning? No Change 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? No Change 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? Commercial, Residential 8. Is the proposed action compatible with adjoining/surreunding land uses within a 1/4 mile? [] Yes [] No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? '10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed act[on create a demand for any community provided services (recreation, education, police, fire protection)? [] Yes [] No a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No [] N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. If yes, is the existing read network adequate to handle the additional traffic? [] Yes [] No [] N/A D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Town of Southold Date November, 2005 Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identiyng that an impact will be potentially large (column 2) does not mean that it is also necessarily significant, Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. tf reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. Impact on Land 1. Will the Proposed Action result in a physical change to the project site? [] NO [~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a santary landfill. · Construction in a designated floodway. · Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) [] NO [--~YES · Specific land forms: · 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No Impact on Water 3~ Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) [] NO [~]YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts; 4. Will Proposed Action affect any non-protected existing or new body of water? [] NO r--~YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? [] NO r-]YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? [] NO [~YES Examples that would apply to column 2 · Proposed Action would change flood water flows 1 Small to Moderate Impact 2 Potential Large Impact [] [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No [] Yes [] No · · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7, Will Proposed Action affect air quality? [] NO I~YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or moro vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed Action will allow an increase in the amount of land committed to industrial use. · Proposed Action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? [] NO ~]YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal tist, using the site, over or near the site, or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? [] NO r~YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species, · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation, · Other impacts: IMPACT ON AGRICULTURAL LAND RESOURCES lO. Will Proposed Action affect agricultural land resources? [] NO [~YES Examples that would apply to column 2 · The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. 1 Small to Moderate Impact [] [] 2 Potential Large Impact [] [] [] 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No 8 · Construction activity would excavate or compact the soil profile of agricultural land. · The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e,g, cause a farm field to drain poorly due to increased runoff). · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? [] NO r-]YES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resoumes which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? [] NO E~YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of histodc places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? [] NO ~]YES Examples that would apply to column 2 · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a cdtical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? [] NO []YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 · Proposed Action to locate within the CEA? · Proposed Action will result in a reduction in the quantity of the resource? · Proposed Action will result in a reduction in the quality of the resource? · Proposed Action will impact the use, function or enjoyment of the resource? · Other impacts: IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? [] NO OYES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? [] NO [~YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commemial or industrial use. · Other impacts: NOISE AND ODOR IMPACT 17. Will there be objectionable odom, noise, or vibration as a result of the Proposed Action? [] NO ~]YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: 1 Small to Moderate Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] 2 Potential Large Impact [] [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] NO [] Yes [] No [] Yes [] No 10 IMPACT ON PUBLIC HEALTH 18, Will Proposed Action affect public health and safety? [] NO ~IYEs Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of"hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. · Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? [] NO [~YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed Action will conflict with officially adopted plans or goals. · Proposed Action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: t Small to Moderate Impact [] [] 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? [] NO []YES 11 If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the projec{ relate to this impact. (Continue on attachments) Comprehensive Implementation Strategy - Generic Environmental Impact Statement: A futl and complete evaluation of the environmental impact of development within the HB zoning district is set forth in the 2003 Town of Southold Comprehensive Implementation Strategy, Generic Environmental Impact Statement, and subsequent Findings adopted by the Town Board, and the Town of Southold Hamlet Study, 2005. These documents are hereby incorporated herein by reference. 12 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the application of The Whitaker House LLC for transfer of Sanitary, Flow Credits at the Southold Town Hall~ 53095 Main Road~ Southold~ New York on the 6th day of December~ 2005 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of Sanitary Flow Credits in order to allow two (2) accessory apartments at 8275 Main Road, Southold, N.Y. 11971. Dated: November 10, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON November 23~2005~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Attorney Town Clerk's Bulletin Board Town Board Members The Whitaker House LLC STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~te day of ~ o~ ,2005, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Whitaker House Sanitary Flow Credits - Dec 6, 2005, 5:00 pm -- -(~) Eliza'b~/h A.Si~;illg- Southold Town Clerk Sworn before me this I L, day of I'~tDo ,2005. · - ~N0tary Public LYNDA M. BOHN NOTARY PUBLIC, State o! New Yo~ No. 01B06020932 Qualified in Suffolk Count~_ Term Expires March 8, 20 /~/ ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~Fown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-706 Resolution ID: 1287 Meeting: 11/10/05 07:00 PM Department: Town Attorney Category: Sanitary Flow Credits THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-706 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOV~N BOARD ON NOVEMBER 10, 2005: RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the application of The Whitaker House LLC for transfer of Sanitary Flow Credits at the Southold Town Hall~ 53095 Main Road~ Southold~ New York on the 6th day of December~ 2005 at 5:00 p.m.~ at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of Sanitary Flow Credits in order to allow two (2) accessory apartments at 8275 Main Road, Southold, N.Y. 11971. Elizabeth A. Neville Southold Town Clerk PLANNING BOARD MEMBER~ JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Elizabeth Neville, Town Clerk From: Jerilyn Woodhouse, Planning Board Chair Members of the Planning Board Date: August 16, 2005 Re: Recommendations for the Transfer of Sanitary Flow Credits for the Whitaker House Site Plan 1000-61-1-5 Pursuant to Section 87-7 of the Southold Town Code and in response to the Town Board's request for comments regarding thc above-referenced application, the Planning Board offers the following: The Planning Board issued conditional final approval on April 11, 2005 for an alteration of an existing two-story building of 2,177 sq. fi. to an office of 1,373 sq. fl. on the first floor and two accessory apartments on the second floor. The subject property is HB-zoned and is located on the southeast comer of NYS Road 25 & Horton's Lane in Southold. During the site plan review process, the project was classified as a Type II action and was therefore not subject to SEQRA. The proposed project is not expected to have significant environmentally damaging consequences. The subject property is located within Southold's designated "Hamlet Center." The proposal for a mix of office and residential uses is consistent with the recommendations made in the Hamlet Study, including provisions to provide affordable housing. In addition, it is within the designated Hamlet Centers and HALO Zones that higher density development is most appropriate. 3. The subject property is located within a district that contains adequate resources and public facilities to support increased development. The Planning Board referred the site plan to the Southold Fire District on February 9, 2005. In a letter dated March 9, 2005, the Southold Fire District indicated that fire protection for the site is adequate. The transfer of sanitary flow credits is needed in order to obtain Health Department approval for the project. There are no other agencies for which approvals or permits are required at this time. Based on the above assessment, the Planning Board supports the transfer of sanitary flow credits onto the subject property for the purpose of constructing two affordable rental units on the second floor of the existing structure. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (COL Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Elizabeth Neville, Town Clerk From: Jerilyn Woodhouse, Planning Board Chair Members of the Planning Board Date: August 16, 2005 Re-' Recommendations for the Transfer of Sanitary Flow Credits for the Whitaker House Site Plan 1000-61-1-5 Pursuant to Section 87-7 of the Southold Town Code and in response to thc Town Board's request for comments regarding the above-referenced application, the Planning Board offers the following: The Planning Board issued conditional final approval on April 11, 2005 for an alteration of an existing two-story building of 2,177 sq. ft. to an office of 1,373 sq. ft. on the first floor and two accessory apartments on the second floor. The subject property is HB-zoned and is located on the southeast comer of NYS Road 25 & Horton's Lane in Southold. During the site plan review process, the project was classified as a Type II action and was therefore not subject to SEQRA. The proposed project is not expected to have significant environmentally damaging consequences. The subject property is located within Southold's designated "Hamlet Center." The proposal for a mix of office and residential uses is consistent with the recommendations made in the Hamlet Study, including provisions to provide affordable housing. In addition, it is within the designated Hamlet Centers and HALO Zones that higher density development is most appropriate. 3. The subject property is located within a district that contains adequate resources and public facilities to support increased development. 4. The Planning Board referred the site plan to the Southold Fire District on February 9, 2005. In a letter dated March 9, 2005, the Southold Fire District indicated that fire protection for the site is adequate. 5. The transfer of sanitary flow credits is needed in order to obtain Health Department approval for the project. There are no other agencies for which approvals or permits are required at this time. Based on the above assessment, the Planning Board supports the transfer of sanitary flow credits onto the subject property for the purpose of constructing two affordable rental units on the second floor of the existing structure. PLANNING BOARD MEMBERS~ JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETII L. EDWARDS MARTIN II. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM RECEIVED To: Elizabeth A. Neville, Town Clerk JUL 2 5 2005 From: Anthony P. Trezza $outhold Town Cle~rk Date: July 22, 2005 Re' Transfer of Sanitary Flow Credits SCTM# 1000-61-1-5 (The Whitaker House) Planning staff is in receipt of your request for a report regarding the above- referenced application. However, the Planning Board will need additional information regarding the sanitary flow requirements of the Health Department before recommendations can be made. Specifically, we need to know how the sanitary flow credits are to be used? The Town Code is very clear that sanitary flow credits can only be used when providing affordable housing. If the credits (or a portion thereof) are needed for the commercial part of the project or the applicant is prosing to use them for market rate apartment rentals, the sanitary flow credits cannot be used. Upon receipt and review of the aforementioned information, the Planning Board will prepare comments and recommendations for the Town Board as requested. Cc~ Lee and Marie Beninati Patricia Dempsey, Esq. Patricia Finnegan, Esq. Town Attorney Enc, ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Patricia Finnegan Town Attomey FROM: Lynda M. Bohn Deputy Town Clerk DATE: July 15, 2005 RE: Whitaker House Transfer of Sanitary Flow Credits Attached please find the determination this office received f~om the Building Department along with a copy of the Full Environmental Assessment Form. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631 ) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD RECEIVED JUL ~ 2 2005 MEMORANDUM To: Elizabeth A. Neville, Southold Town Clerk From: Michael Verity, Chief Building Inspector ~ Re: Transfer of Sanitary Flow Credits Whitaker House, LLC, Marie Beninati SCTM: 1000-61.-1-5 Date: July 11, 2005 Southold Town Clerk The proposed uses Offices and Accessory apartments are permitted uses in this HB district and are so certified. ELIZABETH A. NEVILLE TOWN CLERK REGISTF~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Michael Verity, Building Department Mark Terry, Planning Board FROM: Elizabeth A. Neville DATE: July 15, 2005 RE: Whitaker House Transfer of Sanitary Flow Credits Attached please fred the Full Environmental Assessment Form that was received by my office on July 13, 2005. Cc: Town Attorney beninati associates real estate July 13, 2005 RECEIVED JUL 1 3 2005 Elizabeth Neville, Town Clerk Town of Southold Main Road Southold, NY 11971 $outhold Town Clerk Dear Ms. Neville: Attached please find the "Full Environmental Assessment Form" as requested for "The Whitaker House" located at 52875 Main Road, Southold, NY 11971. Sincerely, The Whitaker House, LLC Marie Beninati, Manager 53155 Main Road . 1~O. Box 1346 · Southold, NY 11971 · [ hone 631.765.5333 · Fax 631.765.5225 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance, The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action, Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced, Part 3: If any impact in Par[ 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of EAF completed for this project: I ~ Part I I ~ Part 2 I J Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: EA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. DB. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared, *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action ~ ~ t ~- ~.~[,, Location of Action (include Street Address, Municipality and County) Name of ApplicantJSponsor Address City/PO ~'.0- G,.~'/~ t'~l~ ~l~e~'"~.~.~ State BusinessTelephone ~1~'~ -'~". ~,' ~ ~ Zip Code Name of Owner (if different) Address City / PO Business Telephone State Zip Code Description of Action: Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban ~ Industrial [] Commercial [] Forest ~Agriculture []Other [~'Residential (suburban) []Rural (non-farm) Total acreage of project area: .1~ I acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (indicate type) PRESENTLY AFTER COMPLETION acres acres __ acres __ acres __ acres acres acres acres acres acres acres __ acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ~Well drained IOO % of site [] Moderately well drained % of site. D Poorly drained __% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see I NYCRR 370). 4. Are there bedrock outcroppings on project site? [] Yes [] No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: ~0--10~ I~ ~10-15% % r~ 15% or greater % 6. Is project substantialN contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [] Yes [] No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? OYes ~ No 10. Do hunting, fishing or shell fishing opporLunities presently exist in the project area? ~ Yes ]Yes ~No ~No Page 3 of 21 1 1. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Accordin~l to: Identify, each species: I 12. ^re there any unique or unusual land forms on the project site? (i.e,, cliffs, dunes, other geological formations? E]Yes r~No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes ~]No explain: 14. Does the present site include scenic views known to be important to the community? DYes ~Yes r~No 1 5. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or conti~uous to project area: b. Size (in acres): Page 4 of 21 1 7. Is the site served by existing public utilities? [] Yes [] No a, If Y£S, docs sufficient capacity exist to allow connection? [] Yes b. If YES, will improvements be necessary to allow connection? No C~Yes []No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? r~Yes []No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 DYes r~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes []No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate), a. Total contiguous acreage owned or controlled by project sponsor: ~~1 acres, b. Project acreage to be developed: .4,~1 acres initially; 04 ~ acres ultimately. c. Project acreage to remain undeveloped: ~IA acres, d. Length of project, in miles: ~ (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. "' % f. Number of off-street parking spaces existing ~ ; proposed g. Maximum vehicular trips generated per hour: ~ (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure: /~ ¢-~'~ ~gh(~;-- hei width; length. j, Linear feet of frontage along a public thoroughfare project will occupy is? ft, 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? i~m~tons/cubic yards. 3, Will disturbed areas be reclaimed DYes •No [~N/A a. If yes, for what intended purpose is the site being reclaimed? topsoil be stockpiled for reclamation? [] Yes b, Will c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? I~m~ acres. Condominium Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? NYes ~No 6. If single phase project: Anticipated period of constru . months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated __ (number) b. Anticipated date of commencement phase 1: __ month __ year, (including demolition) c. Approximate completion date of final phase: __ month __ year. d. Is phase I functionally dependent on subsequent phases? N Yes [] No 8. Will blasting occur during construction? [] Yes [] No 9. Number of jobs generated: during construction t0~ ; after project is complete ~ 10. Number of jobs eliminated by this project --~" 11. Will project require relocation of any projects or facilities? [] Yes If yes, explain: 12. Is surface liquid waste disposal involved? ~ Yes ~ No a. If yes, indicate type of waste (sewage, industrial etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No ~"]No Will surface area of an existing water body increase or decrease by proposal? Yes L~No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? [] Yes 16. Will the project generate solid waste? []Yes DNo If yes, what is the amount per month?__ tons If yes, will an existing solid waste facility be used? [] Yes [] No If yes, give name ; location E~No Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes [] No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? DYes []No a. If yes, what is the anticipated rate of disposal? -- tons/month. b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides? DYes ~No 19. Will project routinely produce odors (more than one hour per day)? ~ Yes ~ No 20. Will project produce operating noise exceeding the local ambient noise levels? DYes r~No 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity__ gallons/minute. 23. Total anticipated water usage per day__ gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes ~ No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date City, Town, Village Board ~Yes ~ No City, Town, Village Planning Board ~ Yes ~ No City, Town Zoning Board OYes ~ No City, County Health Department ~ Yes ~ No Other Local Agencies OYes ~ No Other Regional Agencies OYes [] No State Agencies NYes [] No Federal Agencies r~ Yes [] No Zoning and Planning Information Does proposed action involve a planning or zoning decision? r~Yes [] No If Yes, indicate decision required: [] Zoning amendment [] Zoning variance [] New/revision of master plan [] Site plan [] Special use permit [] Resource management plan r-"] Subdivision Other Page 8 of 21 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zonin§ of the site7 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. ls the proposed action consistent with the recommended uses in adopted local land use plans? [~¥es [] No 7. What are the predominant land use(s) and zoning classifications within a Y4 mile radius of proposed action? Is the proposed action compatible with adjoining/surrounding land uses with a Y. mile? ~¢Yes [] No If the proposed action is the subdivision of land, how many lots are proposed? ~ ~. a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No I 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? DYes UNo a. [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No If yes, is existing capacity sufficient to handle projected demand? [] Yes a. if yes, is the existing road network adequate to handle the additional traffic. I ]Yes [] No 1 D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Vedfication Date I certify that the information provided above is true to the best of my knowledge. ApplicantJSponsorName ~ ~I~'~,~..~o~L ~"~1~ I.-I.-~-.- Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. Maybe answers should be considered as Yes answers. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be rooked at further. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check theYes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. Impact on Land 1. Will the Proposed Action result in a physical change to the project site? Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] [~Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes •No [] [] DYes •No [] [] • ea []No Page 11 of 21 Construction or expansion of a santary landfill. Construction in a designated floodway. Other impacts: I 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) Specific land forms: 1 Small to Moderate Impact [] [] [] 2 Potential Large Impact [] [] [] 3 Can Impact Be Mitigated by Project Change []Yes []No []Yes [].o []Yes []No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) F~NO r-]YES Examples that would apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. [] [] [] [] ]Yes [] No []Yes []No utility distribution facilities through a protected water [] [] Extension of body. Construction in a designated freshwater or tidal wetland. [] [] Yes [] No Other impacts: [] [] DYes []No 4. Will Proposed Action affect any non-protected existing or new body of water? Examples that would apply to column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. [] [] ]Yes [] No DYes [] No []Yes []No Construction of a body of water that exceeds 10 acres of surface area. l I Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? []NO []YES E×amplea that would apply to column 2 Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed Action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services, Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: [] []Yes •No [] DYes []No [] []Yes •No [] []Yes []No [] DYes ~No [] []Yes []No [] ~Yes []No [] []Yes []No DYes •No [] DYes []No [] []Yes []No Page 13 of 21 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? Examples that would apply to column 2 Proposed Action would change flood water flows Proposed Action may cause substantial erosion. Proposed Action is incompatible with existing drainage patterns. [] []Yes []No [] [] []Yes [].o [] []Yes []No [] []Yes []No Proposed Action will allow development in a designated floodway. Other impacts: [] []Yes []No IMPACT ON AIR Will Proposed Action affect air quality? Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: I IMPACT ON PLANTS AND ANIMALS [] ~ []Yes []No [] []Yes []No [] ~ []Yes []No [] [] []Yes []No ~ [] []Yes []No ~ [] DYes []No Will Proposed Action affect any threatened or endangered species? []NO []YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site, ]Yes [] No Page 14 of 21 Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: Will Proposed Action substantially affect non-threatened or non- endangered species? I--'1,O []YES Examplea that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than '10 acres of mature forest (over '100 years of age) or other locally important vegetation. Other impacts: 1 Small to Moderate Impact 2 3 Potentiat Can Impact Be Large Mitigated by Impact Project Change [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No ....... IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? [].o []YES Examplee that would apply to column 2 lfie Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction ectivity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. ]Yes []No OYes []No OYes []No Page 15 of 21 The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts: 1 Small to Moderate Impact [] 2 Potential Large Impact [] 3 Can Impact Be Mitigated by Project Change DYes g]No []Yes [] No IMPACT ON AES'I3-1ETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: I IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? []NO I--]YES Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. [] [] [] [] [] [] [] ]Yes []No DYes []No []Yes []No []Yes [].o [] [] [] [] [] [] DYes [] No []Yes []No []Yes •No Page 16 of 21 Other impacts: I IMPACT ON OPEN SPACE AND RECREATION 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change r~Yes []No 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational oppor[unities? ~:×amplea that would apply to column 2 The permanent foreclosure of a future recreational oppodunity. A major reduction of an open space important to the community. Other impacts: I IMPACT ON CRITICAL ENVIRONMENTAL AREAS [] [] ]Yes []No DYes •No DYes []No 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the resource? Proposed Action will result in a reduction in the quality of the resource? Proposed Action will impact the use, function or enjoyment of the resource? Other impacts: [] [] [] [] r']Yes •No []Yes []No []No []No Page 17 of 21 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? [] NO [] YES Examples that would apply to column 2 Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] OYes []No [] [] []Yes •No [] [] OYes •No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? •NO DYES Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. [] [] OYes •No [] [] []Yes •No Other impacts: [] [] OYes OEo I NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? []NO []YES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. [] DYes •No [] DYes •No [] DYes []No [] DYes •.o Proposed Action will remove natural barriers that would act as a noise screen. Other impacts: [] [] []Yes []No Page 18 of 21 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? Proposed Action may cause a risk of explosion or relaase of hazardous aubatancea {i.e. oil, pesticidee, chemicale, radiation, etc.) in the event of accident or upset conditions, or thoro may be a chronic Iow level discharga or amiasion. Proposed Action may result in the burial of "hazardous wastes" in any form (La. toxic, poisonous, highly reactive, radioactive, irritating, infeetioua, etc.) Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROW3'H AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing corn munity? £xamplas that would apply to column 2 The permanent population of the city, town or village in which the project ia located ia likely to grow by more than 5%. The municipal budgat for capital expanditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. Proposed Action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) [] [] [] []Yes •No [] []Yes •No [] DYes []No [] DYes r'~No [] DYes •No [] []Yes []No [] []Yes []No [] DYes ~.o [] []Yes []No [] DYes ~.o [] []Yes []No Page 19 of 21 Proposed Action will set an imporlant precedent for future projects. Proposed Action will create or eliminate employment. Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] ~Yes ONo [] r'='l Yes ~No [] EYes ENo 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? ENo I"]*Es If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: The probability of the impact occurring The duration of the impact Its irreversibility, including permanently lost resources of value Whether the impact can or will be controlled The regional consequence of the impact Its potential divergence from local needs and goals Whether known objections to the project relate to this impact. Page 21 of 21 ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1500 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Michael Verity, Building Department Jeff Woodhouse, Chairperson, Southold Town Planning Board FROM: Elizabeth A. Neville, Southold Town Clerk DATE: July 8, 2005 RE: Transfer of Sanitary Flow Credits Application Transmitted herewith is a Transfer of Sanitary Flow Credits Application of The Whitaker House, LLC, Marie Beninati. Please respond to this office within five (5) business days. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 76571800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 394 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the Application for Transfer of Sanitary Flow Credits filed by Marie Beninati to the Planning Board and Building Inspector to prepare official reports regarding the proposed transfer pursuant to Section 87-7 of the Town Code. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM DF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765q1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 407 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2005: RESOLVED that the Town Board of the Town of Southold hereby retains Cleary Consulting to perform the SEORA review on the proposed transfer of Sanitary. Flow Credits to the Whitaker House, LLC, tax parcel #1000-61-1-5, at a cost of $1,000, cost to be paid by the applicant. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Te_lephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Attorney Patricia F. Finnegan From: Town Clerk Elizabeth A. Neville ~ Re: Application for Transfer of Sanitary Flow Credit by The Whitaker House, LLC, Made Beninati Date: May 16, 2005 The above described application is being transmitted for your approval and acceptance. Please advise of your decision. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD .4PPLICA TION FOR TR/INSFER OF S.4NITAR Y FLOW CREDITS APPLICATION NAME: (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.:1000 - O~__1 .~O - OO I - Ob ~ 0oo District Block Lot A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for the transfer of a sanitary flow credit pursuant to Chapter 87 of the Town Code. B. GENERAL INFORMATION: 1. Name Of Applicant(sS~e~ Ad,ess: Tel~honeNo. ' ~ ~- If the applicant does not own the property or is a contract vendee, prepare the endorsement at the end of this form establishing owner's authorization of the applicant's request. Is the applicant a contract vendee? Yes __ No ~' 3. Is the applicant a corporation or parmership? Yes ~ No __ If yes, give the name and title of the responsible officer: Name:lq.~ot..,¢'"~',~ ~*[~,.'~'~ Title: ~~.- Addre~s:~i f different) ~g' ~ -~. t~ & · 4. Name of'l~"~ Agent authorized to represent the property owner and/or applicant: N am ef~.,a;x"~ ~ ~,'-~,~,~ ~ ~, -{ Title: NameofFirm: Q~&~..~.~ ~ Address: '~. ~*~... ~.~. t .0~4~ Telephone No.: ~-a~ i _ _~f~,. 5. All communications with regard to this application shall be addressed to the following person until further notice: C. SITE/PROJECT DATA: 1. Location of ~roperty~ ~.'1 ~ <~ 2. Existing zoning district(s) Special Overlay District(s), if applicable 3. Lotarea: [~'~.tiq sq. ftoracres -"[I g' 4. Existing: Building Are~'~x~°'t I'~'~s~q.~fi~ Lot coverage lO.ag Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor, why the credit is needed. 6. Does property have an existing cesspool and/or septic tank? ~ Yes __ 7. School District ~ ~ No 8. An appropriate Environmental Assessment Form (EAF) must be attached. All Unlisted and Type I Actions require either a Short or Full EAF to he prepared. D. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. Sworn before me this //a day of [{ct~ ,20 e)~-. Town Board of the Town of Southold c/o Town Attorney's Office Southold, NY 11971 May 16, 2005 RE: Attachment to Application for Transfer of Sanitary Flew Credits We are applying for Sanitary Flow Credits to allow mixed use of the property known as, "The Whitaker House' as permitted under Town Code. The mixed use consists of 2 apartments and professional office space - primarily Real Estate Sales. The Sanitary Flow Credits are needed to provide water allotment under the Health Department guidelines. It should be noted that in the past, The Whltaker House had been used as a 3 family dwelling. There were separate utility meters for each apartment. Because we will only have 2 apartments, and one dry office, we feel that the water usage will actually be less than previous occupants. Our desire to have this mixed use is twofold: t. There is a tremendous demand for apartments. The Hamlet location and zoning, provides the opportunity to offer housing. 2. The economics of restoring the Whitaker House and making it a viable business venture necessitated monthly rental Income to support financing costs. A site plan is attached showing the proposed design of the interior. We thank you for your assistance in this matter. Respectfully submitted, The Whitaker House, LLC E. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~' If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the Town officer or employee. Either cheek the appropriate line A) through D) and/or describe in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this t'& dayof ~I~'~ 20 o.l- ! LLC SITE PLAN ~ THE WHI TAKEI~HO .~$E, LL C TI~llrN OF SOUTHOLD SUFFOLK CO~Y, N.Y. ? At~ARTMENTS £2.7 TOTAL REOUIRED: TOTAL PROVIDED: 2 PARKING ~'~T ~ - PARKtNG I~. PARKING I~ I~ARK/NG (300 GALLONS PER DAY PER APARTMENT}(2) 600 ~'LLO~$ PER DAY (12 GALLONS PER DAY PER OCCUPANTX?O OCCUPANO 120 GALLONS PER 0¢4Y TOTAL FLOW:720 GALLONS PER DAY SEP TIC TANK (720 OALLONS PER DAY~2,)~t440 GALLONS PRO~ [I] t500 GALLON SEPTIC TA~K LEACHING POOLS 1.5 GALLONS PER SOLIAR~ FOOT 720 GALLONS PER DAY~1.5 GALLONS PER S~LfA~ FOOT=~O GALLONS 4~0 GALLONS / 25.1 = 19 PROVIDE £2], 8' DIAMETER x 10' DEEP LEACHING f~OLS ROOF AREA=lB62 S~. FT. 15~2 SF x 0.~7 x 1=317 CUBIC FEET PRO,DE I - 8' DIAME~R x 8' ~P DRY~LL A~/Y , I ~ON H~3~A TION or 765- OWNER/AF~PLICAN T: ,THE WbY. T,4~ HO.USE~ LLC ~OUTHCtLD, NY lt921 ZOND HB ~ HAMLET BUSINESS [7- 33.9~ PROPOSED ~GN SITE PLAN .FOR 'THE WHITAKER HOUSE, LL C AT SOUTHOLD TOFN OF SOUTHOLD SUFFOLK COUNTY, 1000-61-01-06 SCALE: 1~20" DECEMBER 7, 2004 dr~n. 18, 2005 KEY MAP ~CALE: PARKING DESIGN: APARTMENTS[2] OFFICE AREA: 13Y$' SF/ 100= TOTAL REQUIRED: TOTAL PROVIDED: SEPHC DESIGN 2 PARKING SPACES 13,.7' ,~ PARKING SPACES 16 PARKING SPACES I~ PARKING SPACES (JO0 GALLONS PER DAY PER APARTMENT)(2) (12 GALLONS PER DAY PER OCCUPANT)(10 OCCUPANT) TOTAL FLOW=720 GALLONS PER DAY 600 GALLONS PER DA Y 120 GALLONS PER DA Y SEPTIC TANK (720 GALLONS PER DA Y)(2)--1440 GALLONS PROVIDE [1] ~500 GALLON SEPTIC TANK LEACHING POOLS 115 GALLONS PER SQUARE FOOT 720 GALLONS PER DA Y/1.5 GALLONS PER SQUARE FOOT --480 GALLONS 480 GALLONS /25.1 = 19 ~£ PROVIDE [2~ g' DIAMETER x 10' DEEP LEACHING POOLS PARKING AREA= 5514 SC/., FT. 5514 SF x 0.77 xO. 6 = $6~ cu. fl. 5~, /~z,z_w3.3 VF PROVIDE ~ I, ps, 8'~' 8' deep ROOF AREA=lB62 SQ, FT. 1862 SF x 0.~7 x 1=3~7 CUBIC FEET ~17 / 42.~=B VF PRO~OE 1 - 8' DIAMETER x B' DEEP DRYWELL ":TRAFFIC FLO~ '~,~'" WATER FLOW VE O~ FTLL OLD ESR'ITC SY,~TEM ANY ALTERATION OR ADDITION 70 THIS SURVEY IS A WOLADON OF SECDON 72090F THE NEW YORK S~ATE EDUCATION EXCEPT AS PER SECTION 720g-SUBDIVISiON 2. ALL CERTIRCA770NS HEREON ABE VALID FOB THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR ~OSE 51GNA TURE APPEARS HEREON. ¥. KS. LIC. NO~ 49618 )RS, P.C. FAX (631) 7~5-1797