HomeMy WebLinkAbout1000-9.-8-2 & 3.4•
Town of Southold - Letter
Board Meeting of September 5, 2006
RESOLUTION 2006-738
ADOPTED
Item # 32
DOC ID: 2130
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-738 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 5,2006:
WHEREAS, the Town Board of the Town of Southold has been presented with a proposal by
the Land Preservation Committee with a plan to preserve 2.4+ acres of waterfront land on
Fishers Island in the R-80 zone identified as a portion of SCTM 41000-9-8-2; and
WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as
well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M -II; and
WHEREAS, in connection with this preservation opportunity it has been proposed that the
Town rezone the remaining portion of SCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from
M -I11 to R-40; and
WHEREAS, rezoning of the subject sites as residential is consistent with the existing and
surrounding uses of the properties and the neighborhood; and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code
and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has
determined that this action is consistent with the LWRP; and
WHEREAS, that pursuant to the requirements of NYS Town Law and the Code of the Town of
Southold, Suffolk County, New York, the Town Board of the Town of Southold held a public
hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the
Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-9-8-
2 presently zoned as M -II, as well as SCTM #1000-9-8-3.4, from M -II to R-40", now therefor
be it
Generated September 11, 2006 Page 44
Town of Southold - Lett#
Board4eeting of September 5, 2006
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by
Changing the Zoning Designation of that portion of SCTM #1000-9-8-2 presently zoned as
M -II, as well as SCTM #1000-9-8-3.4. from M -II to R40", which reads as follows:
Local Law No. 13 of 2006
Section 1. Purpose
The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel
known as 1000-9-8-2 presently zoned as M -II, as well as SCTM #1000-9-8-3.4, from M -II to R-
40.
Section 2. Code Amendment
The re -zonings shall be conditioned upon the closing of the contract permanently to preserve the
portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions
limiting the size of any dwelling on the remaining unpreserved portion of that property to be
rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as
limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and
with no detached accessory structures permitted. The re -zonings shall revert to their prior zoning
classifications if the preservation contract closing does not occur within two years of the
enactment of this Local Law. The petitioner for this request is the Town Board of the Town of
Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off
of Reservoir Road on Fishers Island.
Section 3. Severability
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 4. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
Generated September 11, 2006 Page 45
0
•
MAILING ADDRESS:
PLANNING BOARD MEMBERS
P.O. Box 1179
JERILYN B. WOODHOUSE
Chair
``�OF SU!/jyol
V�
Southold, NY 11971.
O
OFFICE LOCATION:
KENNETH L. EDWARDS
Town Hall Annex
MARTIN H. SIDOR
N
54375 State Route 25
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
�pQ
Oly
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Members of the Town Board
From: Jerilyn B. Woodhouse, Chair
Members of the Planning Board
Date: August 8, 2006
Re: Change of Zone Application
SCTM#: 1000-9-8-2 & 3.1
As requested, the Planning Board has reviewed the above -referenced change of zone
application for which a public hearing is scheduled for August 9, 2006.
The Planning Board recommends approval of the change of zone, based on the
following:
1. The rezoning of the subject properties is consistent with the zoning designation
of the parcels to the south, which are also zoned R-40.
2. The R-40 zoning designation will result in less intense land uses than what is
permitted in the M -II Zone.
3. The proposed change of zone will better protect the waterfront, including 2.4
acres of land immediately adjacent to the subject properties that are being
permanently protected through fee title by the Town of Southold.
If you have any questions or need additional information, please feel free to contact this
office.
Cc: Kieran Corcoran, Assistant Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
�xpF SO(/T��
�y104UNTY,*
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 2, 2006
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
Re: Resolution No. 644-2006 regarding
proposed Local Law in relation to the rezoning
on the Town
1000-9-8-2 & 1 0 14 on Fishers Island "
1� l5
Jerilyn B. Woodhouse, Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Dear Ms. Woodhouse: r ; -:
The Southold Town Board at their regular meeting held- o1j.,. uly- 200.6..adopt -- t.
above resolution. Certified copy of same is enclosed;-tog6ther with all pertinent
documents relating to this proposed local law.
Please prepare an official report defining the Planning Board's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law has also been sent to the Suffolk County Planning Department for
their review. The date and time for the public hearings are 1:45 & 1:50 PM, Tuesday,
August 9, 2006 on Fishers Island. Should you have any questions, please do not hesitate
to contact me. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Board
Town Attorney
Tofn of Southold - Letter Board Meeting of July 25, 2006
RESOLUTION 2006-644 Item # 27
ADOPTED DOC ID: 2049
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-644 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 25, 2006:
WHEREAS, the Town Board of the Town of Southold has been presented with a proposal by
the Land Preservation Committee with a plan to preserve 2.4+ acres of waterfront land on
Fishers Island in the R-80 zone identified as a portion of SCTM #1000-9-8-2; and
WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as
well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M -II; and
WHEREAS, in connection with this preservation opportunity it has been proposed that the
Town rezone the remaining portion of SCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from
M -II to R-40; and
WHEREAS, rezoning of the subject sites as residential is consistent with the existing and
surrounding uses of the properties and the neighborhood; and it is therefore
RESOLVED, that the Town Board of the Town of Southold is considering the change of zone
of the remaining portion of SCTM # 1000-9-8-2 that is not to be preserved as well as SCTM
#1000-9-8-3.4 from M -II to R-40 on its own motion; and it is further
RESOLVED, that the Town Board of the Town of Southold requests the Planning Board to
prepare a report and recommendations on the proposed rezoning; and it is further
RESOLVED, that the Town Board authorizes the Supervisor to retain the services of L.K.
McLean Associates to perform a SEQRA review on the proposed zone changes; and it is further
Generated July 26, 2006 Page 34
Town of Southold - Letter
Board Meeting of July 25, 2006
RESOLVED, that the Town Clerk of the Town of Southold is directed to forward the matter to
the Suffolk County Planning Commission for review and recommendation; and it is further
RESOLVED, that pursuant to the requirements of NYS Town Law and the Code of the Town of
Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a
public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map
of the Town of Southold by Changing the Zoning Designation of that portion of SCTM
#1000-9-8-2 presently zoned as M -II. as well as SCTM #1000-9-8-3.4. from M -II to R40" at
the Fishers Island School, Winthrop Drive, Fishers Island, New York, at 1:45 p.m. on August 9,
2006. The proposed rezonings, if adopted, shall be conditioned upon the closing of the contract
permanently to preserve the portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of
covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion
of that property to be rezoned to the size of the footprint of the existing building on that site
(1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted but limited to
10 feet by 35 feet, and with no detached accessory structures permitted. The rezonings shall
revert to their prior zoning classifications if the preservation contract closing does not occur
within two years of the enactment of this Local Law. The petitioner for this request is the Town
Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres,
respectively, and are located off of Reservoir Road on Fishers Island.
aeom'204W
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Wickham, Ross, Edwards, Russell, Krupski Jr.
ABSENT: Louisa P. Evans
Generated July 26, 2006 Page 35
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the requirements of NYS Town Law
and the Code of the Town of Southold, Suffolk County, New York, the Town Board
of the Town of Southold will hold a public hearing on a proposed Local Law
entitled "A Local Law to amend the Zoning Map of the Town of Southold by
Changing the Zoning Designation of that portion of SCTM #1000-9-8-2
presently zoned as M -II, as well as SCTM #1000-9-8-3.4, from M -II to R40" at
the Fishers Island School, Winthrop Drive, Fishers Island, New York, at 1:45 p.m. on
August 9, 2006. The proposed rezonings, if adopted, shall be conditioned upon the
closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2
currently zoned as R-80, the filing of covenants and restrictions limiting the size of
any dwelling on the remaining unpreserved portion of that property to be rezoned to
the size of the footprint of the existing building on that site (1,296 ft.), as well as
limiting the building height to 28 feet with a deck permitted but limited to 10 feet by
3 5 feet, and with no detached accessory structures permitted. The rezonings shall
revert to their prior zoning classifications if the preservation contract closing does not
occur within two years of the enactment of this Local Law. The petitioner for this
request is the Town Board of the Town of Southold. The properties are
approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road
on Fishers Island.
Dated: July 25, 2006 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JULY 27, 2006, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL,
PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times New London Day Town Board Members
Town Attorney Land Preservation Town Clerk's Bulletin Board
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the
Town Code, the Town Board of the Town of Southold hereby sets Wednesday,
August 9, 2006, at 1:50 p.m., Fishers Island School, Winthrop Drive, Fishers
Island, New York as the time and place for a public hearing for the purchase of
open space on property owned by FITF, LLC. Said property is identified as SCTM
#1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New
York, and is located approximately 500 feet from the intersection of Reservoir Road
and Winthrop Drive on Fishers Island in the R-80 and MII zoning districts. The
proposed acquisition is for fee title for approximately ±2.4 acre (subject to survey) of
the ±3.29 acre parcel that is located within the R-80 zoning district and subject to
FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the
Town is to purchase from the MII portion of the property. The acquisition is also
subject to limitations (covenants & restrictions) being placed on the remaining ±0.89
acre portion of the property that is currently in the MII zoning district regarding its
future use.
The property has been offered for sale to the Town of Southold as open space
waterfront property. The purchase price is $770,000.00 (seven hundred seventy
thousand dollars). The seller may claim a bargain sale.
The property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its exceptional scenic value and undeveloped
beachland and shoreline. The purchase of the acquisition is for the preservation of
open space and falls under multiple purposes of the Community Preservation Project
Plan, including, but not limited to, preservation and protection of open spaces and
scenic values, and undeveloped beachlands and shorelines.
As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 117-5, the Land Preservation Coordinator and the Town Board
have determined that no Sanitary Flow Credits are available from this purchase being
that the property is located on Fishers Island.
ni
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
TO: Elizabeth A. Neville, Town Clerk 16
FROM: Melissa Spiro, Land Preservation Coordinator
RE: Open Space Fee Title Purchase
Property of FITF, LLC
SCTM# 1000-9-8-2, Fishers Island
Zone Change Application
p/o SCTM# 1000-9-8-2 and SCTM# 1000-9-8-3.4
DATE: August 2, 2006
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
The Southold Land Preservation Committee is undergoing the process to
acquire part of SCTM# 1000-9-8-2. The Town Board public hearing is
scheduled for August 9, 2006.
In addition, the Town Board has scheduled a public hearing to change the
MII portion of SCTM# 1000-9-8-2 to R-40 and to change the zoning
designation of the adjacent parcel (SCTM# 1000-9-8-3.4) from MII to R-40.
The Town Board public hearing for the change of zone is also scheduled for
August 9, 2006.
Please find the following information in regard to the above-mentioned
applications
1. The total area of SCTM# 1000-9-8-2 is approximately 3.291 acres. The
lot is split zoned, with approximately 2.41 acres located within the Low
Density Residential (R-80) Zoning District and approximately 0.89±
acres located within the Marine II (MII) Zoning District.
2. SCTM# 1000-9-8-2 contains upland, rocky beach, land within the
Coastal Erosion Hazard Line, tidal wetlands and an existing building
and dilapidated dock (both on the MII zoned area.)
3. The MII zoned property on SCTM# 1000-9-8-2 was used around 20
years ago as a fuel oil terminal and oil tanks were located on the
property. The tanks have been removed and remediation to remove
contaminated soil is underway. The landowner has supplied the Land
Preservation Department with extensive environmental reports,
including a Phase II ESA. Please contact the Land Preservation
Department if you would like copies of this information.
4. The Town purchase for Open Space purposes on SCTM#1000-9-8-2
involves the 2.4± acre R-80 portion of the property. The Town's
acquisition will include all of the existing R-80 zoned property in
addition to any land shown on the survey as "cobble beach" that may
be located within the MII zoning district.
5. The landowner has accepted the Town's offer and has signed a contract
of sale (attached). Upon a Town Board resolution electing to purchase
the property, the Supervisor will be authorized to sign the contract,
resulting in a fully executed contract. The Contract is subject to and
contingent on several conditions, including, but not limited to
subdivision, ZBA variances, the re -zoning, and restrictions on the
future residential structure to be located on what is now the MII
portion of SCTM# 1000-9-8-2. The Rider is attached to the contract
and should be referred to in regard to the conditions of purchase.
6. The total area of SCTM # 9-8-3.4 is approximately 0.44 acres. There is
an existing residential structure on this property. This property is
involved in the zone change application only, and is not involved in the
Town's preservation purchase.
I have attached the following for informational purposes
• Copy of the Contract and Rider described above
• Copy of a survey dated 5/15/06 for SCTM# 1000-9-8-2 (3 copies were
delivered to your office under separate cover)
• Copy of an aerial (2004) showing both properties and the zoning
designations (multiple copies attached for distribution purposes).
Please feel free to contact me if you have any questions or require any
additional information.
.. i{
-jolt
2004 AERIAL
Subject Zone Change
from MH to R-40
J,
tMr3w
CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT
NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION.
This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless
different provision is made in this contract, Sections 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser
responsible for fire and casualty loss upon taking possession of the Premises before the title closing.
RESIDENTIAL CONTRACT OF SALE
Contract of Sale made as of July , 2006
FITF, LLC
c/o Dixon Harvey
10-55 Red Run Blvd., Suite 130
Owings Mills, MD 21117
Social Security #
and
BETWEEN
hereinafter called "SELLER"
TOWN OF SOUTHOLD, a municipal corporation of the State of New York
Address: 53095 Route 25, P.O. Box 1179, Southold, New York 11971, Social Security Number/Fed ID No(s): 11-
6001939
The parties hereby agree as follows:
1. Premises. Seller shall sell and convey and Purchaser shall
purchase the property, together with all buildings and improvements
thereon (collectively the "Premises"), more fully described on a
separate page marked "Schedule A", annexed hereto and made a part
hereof and also known as:
Street Address: Reservoir Road, Fishers Island, New York
Tax Map Designation: 1000, Section 9, Block 8, P/O Lot 2
Approximately 2.4 acres (subject to verification by survey map)
Together with Seller's ownership and rights, if any, to land lying in
the bed of any street or highway, opened or proposed, adjoining the
Premises to the center line thereof, including any right of Seller to
any unpaid award by reason of any taking by condemnation and/or
for any damage to the Premises by reason of change of grade of any
street or highway. Seller shall deliver at no additional cost to
Purchaser at Closing (as hereinafter defined), or thereafter, on
demand, any documents that Purchaser may reasonably require for
the conveyance of such title and the assignment and collection of
such award or damages.
2. Personal Property. This sale also includes all fixtures and
articles of personal property now attached or appurtenant to the
Prenuses, unless specifically excluded below. Seller represents and
warrants that at Closing they will be paid for and owned by Seller,
free and clear of all liens and encumbrances, except any existing
mortgage to which this sale may be subject. The}, inelttde, but afz
..t limited t.. plumbing, heating lighting and seeking fixt..ren
bathr.,.,.r, and kitehe., oabinets mantels, deoF w .:teh ph4es
and dear hardware, venetian blinds, windew tFeatfflefits, shades-,
,
OUtdOOF
dryer, bage dispo
a,Jo �aroagc disposal r$i'tg2-6','Bn�fFFgBr$teF—fr2E$eT-shit
m.,d:ti.,. ing equipment and installations, .ell to tell a rr.eting ....d
VACANT PROPERTY
3. Purchase Price. The purchase price is: $770,00.00
payable as follows:
(a) on the signing of this contract, by Purchaser's check payable to
the Escrowee (as hereinafter defined), subject to collection, the
receipt of which is hereby acknowledged, to be held in escrow
pursuant to paragraph 6 of this contract (the "Downpayment"):
$ 0
(b) by allowance for the principal amount unpaid on the existing
mortgage on the date hereof, payment of which Purchaser shall
assume by joinder in the deed: $ 0
(c) by a purchase money note and mortgage from Purchaser to
Seller: $ 0
hereinafter called "PURCHASER"
(d) balance at Closing in accordance with paragraph 7:
$770,00.00
4. Acceptable Funds. All money payable under this contract, unless
otherwise specified, shall be paid by:
(a) Cash, but not over $1,000.00;
(b) Good official check of the Town of Southold drawn on or
official check issued by any bank, savings bank, trust company or
savings and loan association having a banking office in the State of
New York, unendorsed and payable to the order of Seller, or as Seller
may otherwise direct upon not less than 3 business days notice (by
telephone or otherwise) to Purchaser;
(c) As to money other than the purchase price payable to Seller at
Closing, uncertified check of Purchaser up to the amount of
$1,000.00; and
(d) As otherwise agreed to in writing by Seller or Seller's attorney.
5. Permitted Exceptions. The Premises are sold and shall be
conveyed subject to:
(a) Zoning and subdivision laws and regulations, and landmark,
historic or wetlands designation, provided that they are not violated
by the existing buildings and improvements erected on the property
or their use;
(b) Consents for the erection of any structures on, under or above
any streets on which the Premises abut;
(c) Encroachments of stoops, areas, cellar steps, trim and cornices,
if any, upon any street or highway; a
(d) Real estate taxes that are a lien, but are not yet due and
payable; and
(e) The other matters, if any, including a survey exception, set
forth in a Rider attached.
6. Governmental Violations and Orders. (a) Seller shall comply
with all notes or notices of violations of law or municipal ordinances,
orders or requirements noted or issued as of the date of closing by
any governmental department having authority as to lands, housing,
buildings, fire, health, environmental and labor conditions affecting
the Premises. The Premises shall be conveyed free of them at
Closing. Seller shall furnish Purchaser with any authorizations
necessary to snake the searches that could disclose these matters.
pufsua..t to the A d.. inistretiye Gude of the Gity of New V..rl.
inew-Fed r to Closing and payable shall he d:eeharged
by Seller at ef pFieF to C1051ifig.
7. Seller's Representations. (a) Seller represents and warrants to
Purchaser that:
(i) The Premises abut or have a right of access to a public road;
(ii) Seller is the sole owner of the Premises and has the full right,
power and authority to sell, convey and transfer the same in
accordance with the terms of this contract;
(iii) Seller is not a "foreign person", as that term is defined for
purposes of the Foreign Investment in Real Property Tax Act,
Internal Revenue Code ("IRC") Section 1445, as amended, and the
regulations promulgated thereunder (collectively "FIRPTA");
' (iv) The Premises are not affected by any exemptions or
abatements of taxes; and
(v) Seller has been known by no other name for the past ten
years, except
(b) Seller covenants and warrants that all of the representations and
warranties set forth in this contract shall be true and correct at
Closing.
(c) Except as otherwise expressly set forth in this contract, none of
Seller's covenants, representations, warranties or other obligations
contained in this contract shall survive Closing.
8. Condition of Property. Purchaser acknowledges and represents
that Purchaser is fully aware of the physical condition and state of
repair of the Premises and of all other property included in this sale,
based on Purchaser's own inspection and investigation thereof, and
that Purchaser is entering into this contract based solely upon such
inspection and investigation and not upon any information, data,
statements or representations, written or oral, as to the physical
condition, state. of repair, use, cost of operation or any other matter
related to the Premises or the other property included in the sale,
given or made by Seller or his representatives, and shall accept the
same "as is" in their present condition and state of repair, subject to
reasonable use, wear, tear and natural deterioration, between the date
hereof and the date of Closing (e.,,.ept as ether^i-se Spt s hh
pafagfaph 16(o), without any reduction in the purchase price or claim
of any kind for any change in such condition by reason thereof
subsequent to the date of this contract. Purchaser and its authorized
representatives shall have the right, at reasonable times and upon
reasonable notice (by telephone or otherwise) to Seller, to inspect the
Premises before Closing.
9. Insurable Title. Seller shall give and Purchaser shall accept such
title as any reputable title company licensed to do business in the
State of New York shall be willing to approve and insure in
accordance with its standard form of title policy approved by the
New York State Insurance Department, subject only to the matters
provided for in this contract.
10. Closing, Deed and Title. (a) "Closing" means the settlement of
the obligations of Seller and Purchaser to each other under this
contract, including the payment of the purchase price to Seller, and
the delivery to Purchaser of a Bargain and Sale Deed with Covenants
Against Grantor's Acts in proper statutory short form for record, duly
executed and acknowledged, so as to convey to Purchaser fee simple
title to the Premises, free of all encumbrances, except as otherwise
herein stated. The deed shall contain a covenant by Seller as required
by subd. 5 of Section 13 of the Lien Law.
(b) if Seiler is a raefperatien, they shall delivef to PuFehaseF at t
time of Closing (i) a resolution of its Bear -d of DiFeOOFS allthffiZiffg
the sale and delivei=y of the deed, and (ii) a eei4ifieate by the
eenfefmity with the r-equifements of Seefien 909 of the Bus -i
GffpeFatien Law. The deed in sueh ease shall eentain a Fe
11. Closing Date and Place. Closing shall take place at the office of
Land Preservation, Town of Southold, North Fork Bank annex
offic , Southold, New York at S o'clock on or abestt 1pc$K ,5q�30
20Qor upon reasonable notice (by telephone or otherwise) by
Purchaser.
12. Conditions to Closing. This contract and Purchaser's obligation
to purchase the Premises are also subject to and conditioned upon the
fulfillment of the following conditions precedent:
(a) Public Hearing held by the Southold Town Board pursuant to
Chapter 6 of Town Code and Section 247 of the General Municipal
Law regarding acquisition of said property
(b) Resolution authorizing the Town of Southold to acquire said
property.
(c) The accuracy, as of the date of Closing, of the representations
and warranties of Seller made in this contract;
(d) The delivery by Seller to Purchaser of a valid and subsisting
Certificate of Occupancy or other required certificate of compliance,
or evidence that none was required, covering the building(s) and all
of the other improvements located on the property authorizing their
use as a family dwelling at the date of Closing.
(e) The delivery by Seller to Purchaser of a certification stating that
Seller is not a foreign person; which certification shall be in the form
then required by FIRPTA. If Seller fail to deliver the aforesaid
certification or if Purchaser is not entitled under FIRPTA to rely on
such certification, Purchaser shall deduct and withhold from the
purchase price a sum equal to 10% thereof (or any lesser amount
permitted by law) and shall at Closing remit the withheld amount
with the required forms to the Internal Revenue Service.
(f) The delivery of the Premises and all building(s) and
improvements comprising a part thereof in broom clean condition,
vacant and free of leases or tenancies, together with keys to the
Premises.
(g) All plumbing (including water supply and septic systems, if
any), heating and air conditioning, if any, electrical and mechanical
systems, equipment and machinery in the building(s) located on the
property and all appliances which are included in this sale being in
working order as of the date of Closing.
(h) If the Premises are a one or two family house, delivery by the
parties at Closing of affidavits in compliance with state and local law
requirements to the effect that there is installed in the Premises a
smoke detecting alarm device or devices.
(i) The delivery by the parties of any other affidavits required as a
condition of recording the deed.
13. Deed Transfer and Recording Taxes. At Closing, certified or
official bank checks payable to the order of the appropriate State,
City or County officer in the amount of any applicable transfer and/or
recording tax payable by reason of the delivery or recording of the
deed or mortgage, if any, shall be delivered by the party required by
law or by this contract to pay such transfer and/or recording tax,
together with any required tax returns duly executed and sworn to,
and such party shall cause any such checks and returns to be
delivered to the appropriate officer promptly after Closing. The
obligation to pay any additional tax or deficiency and any interest or
penalties thereon shall survive Closing.
14. Apportionments and Other Adjustments; Water Meter and
Installment Assessments. (a) To the extent applicable, the
following shall be apportioned as of midnight of the day before the
day of Closing:
(i) taxes, water „harges and ^ eats, on the basis of the lien
period for which assessed- (ii) a,el. (iii) intefest en die
(vi) fonts as and "A"hen eelleeted.
(b) If Closing shall occur before a new tax rate is fixed, the
apportionment of taxes shall be upon the basis of the tax rate for the
immediately preceding fiscal period applied to the latest assessed
valuation.
(c) If there is a water meter on the Premises, Seller shall furnish a
reading to a date not more than 30 days before Closing and the
unfixed meter charge and sewer rent, if any, shall be apportioned on
the basis of such last reading.
(d) If at the date of Closing the Premises are affected by an
assessment which is or may become payable in annual installments,
and the first installment is then a lien, or has been paid, then for the
purposes of this contract all the unpaid installments shall be
considered due and shall be paid by Seller at or prior to Closing.
(e) Any errors or omissions in computing apportionments or other
adjustments at Closing shall be corrected within a reasonable time
following Closing. This subparagraph shall survive Closing.
15. Allowance for Unpaid Taxes, etc. Seller has the option to
credit Purchaser as an adjustment to the purchase price with the
amount of any unpaid taxes, assessments, water charges and sewer
rents, together with any interest and penalties thereon to a date not
less than five business days after Closing, provided that official bills
therefor computed to said date are produced at Closing.
16. Use of Purchase Price to Remove Encumbrances. If at
Closing there are other liens or encumbrances that Seller is obligated
to pay or discharge, Seller may use any portion of the cash balance of
the purchase price to pay or discharge them, provided Seller shall
simultaneously deliver to Purchaser at Closing instruments in
recordable form and sufficient to satisfy such liens or encumbrances
of record, together with the cost of recording or filing said
instruments. As an alternative Seller may deposit sufficient monies
with the title insurance company employed by Purchaser acceptable
to and required by it to assure their discharge, but only if the title
insurance company will insure Purchaser's title clear of the matters or
insure against their enforcement out of the Premises and will insure
Purchaser's Institutional Lender clear of such matters. Upon notice
(by telephone or otherwise), given not less than 3 business days
before Closing, Purchaser shall provide separate certified or official
bank checks as requested to assist in clearing up these matters.
17. Title Examination; Seller's Inability to Convey; Limitations
of Liability. (a) Purchaser shall order an examination of title in
respect of the Premises from a title company licensed or authorized to
issue title insurance by the New York State Insurance Department or
any agent for such title company promptly after the execution of this
contract or, if this contract is subject to the mortgage contingency set
forth in paragraph 8, after a mortgage commitment has been accepted
by Purchaser. Purchaser shall cause a copy of the title report and of
any additions thereto to be delivered to the attorney(s) for Seller
promptly after receipt thereof.
(b) (i) If at the date of Closing Seller is unable to transfer title to
Purchaser in accordance with this contract, or Purchaser has other
valid grounds for refusing to close, whether by reason of liens,
encumbrances or other objections to title or otherwise (herein
collectively called "Defects"), other than those subject to which
Purchaser is obligated to accept title hereunder or which Purchaser
may have waived and other than those which Seller has herein
expressly agreed to remove, remedy or discharge and if Purchaser
shall be unwilling to waive the same and to close title without
abatement of the purchase price, then, except as hereinafter set forth,
Seller shall have the right, at Seller's sole election, either to take such
action as Seller may deem advisable to remove, remedy, discharge or
comply with such Defects or to cancel this contract; (ii) if Seller
elects to take action to remove, remedy to comply with such Defects,
Seller shall be entitled from time to time, upon Notice to Purchaser,
to adjourn the date for Closing hereunder for a period or periods not
exceeding 60 days in the aggregate (but not extending beyond the
date upon which Purchaser's mortgage commitment, if any, shall
expire), and the date for Closing shall be adjourned to a date
specified by Seller not beyond such period. If for any reason
whatsoever, Seller shall not have succeeded in removing, remedying
or complying with such Defects at the expiration of such
adjournment(s), and if Purchaser shall still be unwilling to waive the
same and to close title without abatement of the purchase price, then
either parry may cancel this contract by Notice to the other given
within 10 days after such adjourned date; (iii) notwithstanding the
foregoing, the existing mortgage (unless this sale is subject to the
same) and any matter created by Seller after the date hereof shall be
released, discharged or otherwise cured by Seller at or prior to
Closing.
(c) If this contract is canceled pursuant to its terms, other than as a
result of Purchaser's default, this contract shall terminate and come to
an end, and neither party shall have any further rights, obligations or
liabilities against or to the other hereunder or otherwise, except that:
(i) Seller shall promptly refund or cause the Escrowee to refund the
Downpayment to Purchaser and to reimburse Purchaser for the net
cost of examination of title, including any appropriate additional
charges related thereto, and the net cost, if actually paid or incurred
by Purchaser, for updating the existing survey of the Premises or of a
new survey, and (ii) the obligations under paragraph 23, if applicable,
shall survive the termination of this contract.
18. Affidavit as to Judgments, Bankruptcies, etc. If a title
examination discloses judgments, bankruptcies or other returns
against persons having names the same as or similar to that of Seller,
Seller shall deliver an affidavit at Closing showing that they are not
against Seller.
19. Defaults and Remedies. . (a) If Purchaser defaults hereunder,
Seller shall have such remedies as Seller shall be entitled to at law or
in equity, including, but not limited to, specific performance.
(b) If Seller defaults hereunder, Purchaser shall have such remedies
as Purchaser shall be entitled to at law or in equity, including, but not
limited to, specific performance.
20. Purchaser's Lien. All money paid on account of this contract,
and the reasonable expenses of examination of title to the Premises
and of any survey and survey inspection charges, are hereby made
liens on the Premises, but such liens shall not continue after default
by Purchaser under this contract.
21. Notices. Any notice or other communication ("Notice") shall be
in writing and either (a) sent by either of the parties hereto or by their
respective attorneys who are hereby authorized to do so on their
behalf or by the Escrowee, by registered or certified mail, postage
prepaid, or;
(b) delivered in person or by overnight courier, with receipt
acknowledged, to the respective addresses given in this contract for
the party and the Escrowee, to whom the Notice is to be given, or to
such other address as such party or Escrowee shall hereafter
designate by Notice given to the other party or parties and the
Escrowee pursuant to this paragraph. Each Notice mailed shall be
deemed given on the third business day following the date of mailing
the same, except that any notice to Escrowee shall be deemed given
only upon receipt by Escrowee and each Notice delivered in person
or by overnight courier shall be deemed given when delivered.
22. Assignment. This contract may not be assigned by Purchaser to
any other party without the prior written consent of Seller in each
instance and any purported assignment(s) made without such consent
shall be void.
23. Broker. . Seller and Purchaser each represents and warrants to
the other that it has not dealt with any broker in connection with this
sale. Seller and Purchaser agree to indemnify and hold each other
harmless from and against any claim, judgment, liability, cost and
expense (including without limitation, reasonable attorneys' fees and
disbursements) arising out of the breach on their respective parts of
any representation or agreement contained in this paragraph. The
aforementioned warranties, representations, indemnifications and
hold harmless shall survive the Closing. The parties agree that the
foregoing provisions of this paragraph are not intended to create any
third party beneficiary rights in and to this Contract.
24. Environmental Representations. Seller represents that to the
best of Seller's knowledge: (i) No Hazardous Substances (as
hereinafter defined) have been released, discharged, treated, stored or
disposed of, or otherwise deposited in or on, or migrated to, the
Premises, including without limitation of the generality of the
foregoing, the surface waters and subsurface waters of the Premises;
(ii) there are no substances or conditions (including asbestos or
asbestos -containing materials) in or on the Premises or any other
parcels of and which may materially adversely affect the Premises or
use thereof of which would be reasonably likely to support a claim or
cause of action under any existing federal, state or local
environmental statute, regulation, ordinance or other environmental
regulatory requirement (hereinafter collective called "Applicable
Environmental Laws"), including, without limitation, the
Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), as amended 42 U.S.C. §§6901, et seq.,
the Resource Conservation and Recovery Act ("RCRA"), as
amended42 U.S.C. §§6901, et seq., and 6 NYCRR Part 360 of New
York State, which terms shall also include, whether or not included in
the definitions contained in Applicable Environmental Laws,
petroleum, solvents, or polychlorinated biphenyls; (iii) there are no
above ground or underground storage tanks or containers at the
Premises; (iv) there are no liens under Applicable Environmental
Laws affecting the Premises and no government actions have been
taken or, to the knowledge of Seller, are in process, which could
subject any portion of the Premises to such liens; and (v) there are no
citations or summons served upon the Seller with respect to and there
has been no activity that would give rise to, any release, discharge or
deposit, on the Premises that is the subject of this Contract of Sale, of
a Hazardous Substance. As used herein, "Hazardous Substances"
shall mean any hazardous materials, hazardous waste, hazardous and
toxic substances, pollutants, contaminants, debris and other solid
wastes as those terms are defined by any Applicable Environmental
Laws. For purposes of this paragraph 24, Hazardous Substances shall
not include (y) substances used by Seller in the ordinary maintenance
of the Premises, provided such use is in the ordinary course of
Seller's maintenance, and (z) petroleum released in demonstrate
minimis amounts and typically associated with the use of portions of
the Premises for driving and parking motor vehicles. The
representations and the provisions of this paragraph shall not survive
CLOSING. This Agreement shall be interpreted and enforced in
accordance with the laws of the State of New York. If any
provision(s) of this Agreement shall be unforceable or invalid, the
same shall not affect the remaining provisions of this Agreement and
to this end the provisions of this Agreement are intended to be and
shall be severable.
25. Clean -Up Contingency. The Purchaser's representatives shall,
within ten (10) days of full execution of this Contract, inspect the
Premises to determine the existence of any Hazardous Substances (as
defined in Paragraph 24 above) and any unacceptable materials,
including, inter alia, storage tanks or containers that are required to
be removed prior to Closing consistent with the representations in
paragraph 24 of this Contract. The results of said inspection shall be
set forth in a memorandum from the Town's Environment Division or
private contractor and forwarded to the Seller and Seller's attorney:-'
Prior to closing, Seller shall remove all Hazardous Substances and
any unacceptable materials identified in the report and said to exist
on the Premises. The removal of these items shall be completed to
the satisfaction of the office of the Land Preservation prior to closing.
26. Survey. Purchaser agrees not later than seven (7) days after the
date of this Contract to order a survey of the premises to be prepared
by a surveyor licensed by the State of New York and to direct the
surveyor to forward copies of the survey and survey reading, as well
as all related notices, to the Seller's attorney and the title company.
Said survey shall be at the cost of the Purchaser.
27. IRS W-9 Form. Seller agrees to execute and deliver to
Purchaser's attorney an IRS Form W-9 at least twenty (20) days prior
to closing of title so that the Town Comptroller's Office may obtain
and disburse necessary funds to the Land Preservation office. Seller
acknowledges that a delay in the delivery of the W-9 Form will result
in the delay of the scheduled Closing date.
28. Public Disclosure Statement. Seller shall, within ten (10) days
of the execution of this Contract, deliver the required verified public
disclosure statement for filing with the Town Fiscal Officer. At the
time of Closing, the Seller shall submit a then applicable statement or
a sworn statement that there have been no changes in interest since
the date of this Contract. Any evidence of a conflict of interest or
prohibited contractual relationship shall require approval of the
Contract and sale by the Supreme Court of the State of New York.
29. Delivery of Deed. The acceptance of a Deed by the Purchaser
shall be deemed to be full performance in discharge of every
agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this agreement, except those, if any,
which are herein specifically stated to survive the Closing.
30. Acknowledgement of Charitable Contribution. The Purchaser
acknowledges that the Seller may take a charitable contribution of the
difference between the fair market value of the Premises as may be
established by the Seller's appraisal and the purchase price to be paid
by the Purchaser pursuant to this Agreement. Accordingly, if
requested by Seller, the Purchaser shall execute Internal Revenue
Service Form 8283 at Closing and any other documents required by
the Internal Revenue Service in conjunction with Seller's claim for a
charitable contribution. This acknowledgernent does not represent
and shall not be construed as concurrence by the Purchaser of the
claimed fair market value.
31. Miscellaneous. (a) All prior understandings, agreements,
representations and warranties, oral or written, between Seller and
Purchaser are merged in this contract; it completely expresses their
full agreement and has been entered into after full investigation,
neither party relying upon any statement made by anyone else that is
not set forth in this contract.
(b) Neither this contract nor- any provision thereof may be waived,
changed or canceled except in writing. This contract shall also apply
to and bind the heirs, distributees, legal representatives, successors
and permitted assigns of the respective parties. The parties hereby
authorize their respective attorneys to agree in writing to any changes
in dates and time periods provided for in this contract.
(c) Any singular word or term herein shall also be read as in the
plural and the neuter shall include the masculine and feminine
gender, whether the sense of this contract may require it.
(d) The captions in this contract are for convenience of reference
only and in no way define, limit or describe the scope of this contract
and shall not be considered in the interpretation of this contract or
any provision hereof.
(e) This contract shall not be binding or effective until duly
executed and delivered by Seller and Purchaser.
(f) Seller and Purchaser shall comply with iRC reporting
requirements, if applicable. This subparagraph shall survive Closing.
(g) Each party shall, at any time and from time to time, execute,
acknowledge where appropriate and deliver such further instruments
and documents and take such other action as may be reasonably
requested by the other in order to carry out the intent and purpose of
this contract. This subparagraph shall survive Closing.
(h) This contract is intended for the exclusive benefit of the parties
hereto and, except as otherwise expressly provided herein, shall not
be for the benefit of, and shall not create any rights in, or be
enforceable by, any other person or entity.
32. The Purchaser hereby acknowledges that it may be the intent of
the Seller to structure its sale as a tax deferred exchange under iRC
§1031, Seller covenants that this will not delay the close of the
subject transaction nor cause the Purchaser any additional expenses.
The Seller's rights under the purchase and sale agreement may be
assigned to a Qualified Intermediary for IRC §1031 Tax Deferred
Exchanges. Buyer agrees to cooperate with the Seller and the
Qualified Intermediary to complete the exchange.
* 25. (Continued)In the event that hazardous substances (as defined in paragraph 24 hereof), are
found, seller shall have the right to terminate the contract. If seller elects to proceed with the
contract, then prior to closing......
IN WITNESS WHEREOF, this contract has been duly executed by the parties hereto.
Seller: FITF, LLC.
fn—)E 4t--�
f -. -1> AV Al. �� f4
r{aNatz-v—
Attorney for Seller:
Address:
Contract of Sale
TITLE NO.
FITF, LLC
TO
TOWN OF SOUTHOLD
Purchaser: TOWN OF SOUTHOLD
By:
SCOTT A. RUSSELL
Town Supervisor
Attorney for Purchaser:
MARY C, WILSON, ESQ.
Address: P.O. Box 729
Quogue, New York 11959
Tel.: 631-653-1443
PREMISES
Section
Block
Lot
County or Town Suffolk, Southold
Street Number Address:
RIDER TO CONTRACT
PARTIES: FITC,LLC ("SELLER")
Town of Southold ("BUYER')
PREMISES: Reservoire Road, Fishers Island, New York
Re: Open Space Purchase- Dixon Harvey
1000-9-8-2
The Contract is made subject to and contingent on the following:
1. Subdivision of the MII zoned parcel from the R-80 zoned parcel.
The R-80 parcel shall be preserved in perpetuity pursuant to the
Town of Southold open space preservation program.
2. A re -zoning by the Town Board, by their own motion, of the seller's
reserved MII parcel from MII to r-40.
3. The seller's reserved parcel (MII to r-40) shall be a developed with a
single family dwelling which foot print of living area on first floor
does not exceed 1,296 square feet, the square footage of the existing
structure.
4. The grant of area variance(s) from the Southold Town Zoning Board
of Appeals, which authorize the Planning board to approve a
nonconforming r-40 parcel for single family dwelling residential use.
5. The grant of a subdivision and development permits from the
Department of Environmental Conservation and Suffolk County
Department of Health Services.
6. The grant of development permits from the Southold Town Trustees.
7. The seller shall record Covenants & Restrictions on the retained
parcel which set forth the following:
A. The proposed residential structure on the parcel may be located at
owner's sole discretion. The owner shall seek such variances and
such regulatory permits either simultaneous with the subdivision
application or at a later date, which authorize the placement of a two
story single family dwelling on the subject property.
B. The height of the two story dwelling shall be limited to 28 feet to the
peek.
C. The size of the two story single family dwelling shall be limited to the
following: The foot print of living area on first floor will not exceed
1,296 square feet. Prior to construction of said residential structure
the existing 1,296 square foot commercial structure will be
demolished unless used as part of the single family dwelling. The
owner may construct an attached open covered porch to the 1,296
square foot first floor, however the porch shall not exceed 10' x 35'.
The square footage of the second floor shall be reduced by the square
footage applied to the covered porch.
D. The existing dock may be reconstructed and altered in accordance
with regulatory permits. Said dock is limited to 4 private residential
slips. The Dock will not be used for commercial purposes.
E. No detached accessory structures are permitted on the subject
property, except as may be a attached and part of the total
permissible square footage of 1,296 square feet.
RIDER TO CONTRACT OF SALE
BETWEEN FITF, LLC
AND
THE TOWN OF SOUTHOLD
33. In the event of any inconsistencies between the terms and provisions of this Rider and
the terms and provisions of the Contract of Sale, the terms and provisions of this Rider
shall prevail.
34. This contract of sale is subject to the subdivision of the M11 zoned portion of the
subject real property from the R-80 zoned portion of said property.
35. That portion of the subject property that is currently zoned MII shall be developed
with a two story single family dwelling unit and shall be subject to the covenants and
restrictions set forth in the Patricia Moore, Esq. letter to the Town of Southold dated June
21, 2006 attached and incorporated herein.
36.This contract of sale is subject to Sellers obtaining any and all necessary change of
zone(s) and/or area variance(s) in relation to the development of the residual property for
a single family residential dwelling unit.
Sell I F Llf,, C
By #L,
�. l�xooi 44• -VvorgVe/
Purchaser:
By
SCOTT A. RUSSEL
Town Supervisor
SCHEDULE A
INDARY 0° p I LOT 1
118/O 0 N /F I
p LAG SCREW
UNION FREE i f
ss IN CONCRETE SCHOOL DISTRICT
DMAP p I (VACANT LAND)
OLIN °
85 /88 ° � S> CHILSED CROSS
p •?°• �IN ROCK
y/J I
p I ` lss I
qc
BRASS
MARKER
moo,
v
p � O RANSFORMER
AD
/0 1
p ° hp �J� /D \ Wv
° I ,
,4
� � W
NYSDEC JURISDICTIONAL BOUNDARY o
I AS DETERMINED BY NYSDEC 6/18/01
p ` NIF
p \ FM, LLC 2
° 1 AREA IN R-80 ZONE
p p 103,080± SQ. FT.
I 2.371 ACRES
Area landward of
° I Coastal Erosion Hazard Line =
p ; 53,950 sq. f%
p � r
N
w
rn 0 o.
H. \\ ccp O
rn
A APP,:O)(. LIMITS OF
TIDAL WETLANDS AS
FLAGG =D BY I, COLE p G1 h01N
& VERIFIED BY G. JUST
J.M,0. CONSULTING
04/02/01 '
N/F
COBBLE ti� sAA FM, LLC
BEACH AREA IN MDI ZONE
40,670± SQ. FT.
\ 0.934 ACRES
Area landward of Coastal
Erosion Hazard Line =
28,950± sq. &
°
<0
° �2F
STONE SLOPE
PREW
rf �
�f f
I
XISTING WA1
� I
� I
CHAIN LINK LIROI
FENCE PIP,
try
_�°j��, 2.21 U
NYSDEC JURISDICTIONAL BOUNDARY
AS DETERMINED BY NYSDEC 6/18/01
APPROX. COASTAL EROSION HAZARD LINE
PER COASTAL EROSION HAZARD AREA MAP
TOWN OF SOUTHOLD; SUFFOLK COUNTY,
NEW YORK; PHOTO NO. 41-1185-83
SHEET 49 -FI OF 49; 8/29/88
ROCKY
FISHERS ISLAND SOUND
QUALITY CONTROL CERTIFICATION
GROUP REVIEWED DATE
PROJECT MANAGER
SURVEY • ,�
ENVIRONMENTAL
CML
STRUCTURAL
ARCHfTECTURAL
FILE ,
f
I
SCHEDULE A
LAG SCREW
IN CONCRETE
LOT 1
N/F
UNION FREE
SCHOOL DISTRICT
(VACANT LAND)
S!?p
IN
HIROCK LSED CROSS
f
Ns3�t
" � I
BRASS
MARKER
,o J�•
1
NYSDEC JURISDICTIONAL BOUNDARY o 0
I� AS DETERMINED BY NYSDEC 6/18/01
N/F a
• 1 not ILC
AREA IN R-80 ZONE
103,0ME SQ. FT.
2.371 ACRES
Area landward Of
CoesW Erosion Ekzud Line
'N 53,950 sq. &
Vq
a `
r� v 0 (r1
\ � W l0•
N 0 T+'1
rya,5.� N
APP. OX. LIMITS OF '0 btp
TIDAL WETLANDS AS �'S )' cjcj$*
FLAGG=D BY I. COLE
do VERIFIED 13Y G. JUST cd�y1
J.M.U. CONSULTING y
I
I
L
Q RANSFORMER
AD
D4
f \\
PREMISES
11 1
fl r
XISTING WATER MAIN
CRETE
I � i
OBS RVATION
` TOWER
o \
N/F
\ CHRISTOPHER L. RAFFERTY
1
N/F
JEANNE A. MAY dss O.'
i \ / IRON
PIPE
04/02/01 j
A%.
oP sX FITF, LLC
BEACH Asa AREA IN MII ZONE
40,6701 SQ. FT.
0.931 ACRES
Area landward of Coastal
\ Erosion Hazard Line •-
a , 2E,9501 sq. ft
S`
O!
O
GyF
STONE SLOPE \
SILVER EEL COVE
DILAPIDATED
DOCK
.1L14�;
\90
CHAIN LINK
FENCE -
-IRON PIPE
i DETAIL
~ (NOT TO SCALE)
DPOLE
30s
IRON
PIPE O. \ 4�
2t LOT 3.4
N/F �s�o
JANE HARVEY do
CHARLES CURTIS
SINGLE FAMILY RESIDENCE
MUNICIPAL SEWER &
MUNICIPAL WATER
EXISTING
11.5 STY.
HOUSE
MARTf
N/F
A P. LI TCH
/
000
/
i
/
NO
U •0V
U&. X 00.
M'Q
R� N/F
JANET H. HARVEY &I
R. DIXON H. HARVEY, JR. /
k
N /F
HIRAM F.' MOODY III
i
N/F
WILLIAM H. WOOD, JR.
/
/
s
N/F
A WILLIAM WOOD
LOCATION MAP SCALE 1 vp=400
M612-21EBEERENM
1.) SITE PLAN PREPARED FOR CAROLYN J. DOHERTY; RESERVOIR ROAD;
FISHERS ISLAND, NEW YORK; DATE: MARCH 23, 2001; SCALE: 1"=40';
SHEE'- 1 OF 1; CHANDLER, PALMER do KING; NORWICH, CT.
Pyw
1.) T°IIS .SURVEY WAS PREPARED FCR ,THE PARTIES AND PURPOSE
INDICI,TEL HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED
AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE
OF THE ENGAGEMENT.
2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON,
UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO
ALTER AN ITEM IN ANY WAY.
3.) OVLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S
SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT
OF THE LAND SURVEYOR.
4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND
GEODETIC SURVEY TRIANGULATION STATION "PROS"
5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP
1000, SECTION 009. BLOCK 8, LOT 2.
6.) AREA OWNED BY FITF, LLC - 3.301 ACRES.
LEGEN�
N/F NOW OR FORMERLY
SF SQUARE FEET
40 20 0 401
GRAPHIC SCALE IN FEET
01
Of NCIV
C2 ae N..g pA W
Y
l��j♦
O
p
ti
-j
O
J
f
I
SCHEDULE A
LAG SCREW
IN CONCRETE
LOT 1
N/F
UNION FREE
SCHOOL DISTRICT
(VACANT LAND)
S!?p
IN
HIROCK LSED CROSS
f
Ns3�t
" � I
BRASS
MARKER
,o J�•
1
NYSDEC JURISDICTIONAL BOUNDARY o 0
I� AS DETERMINED BY NYSDEC 6/18/01
N/F a
• 1 not ILC
AREA IN R-80 ZONE
103,0ME SQ. FT.
2.371 ACRES
Area landward Of
CoesW Erosion Ekzud Line
'N 53,950 sq. &
Vq
a `
r� v 0 (r1
\ � W l0•
N 0 T+'1
rya,5.� N
APP. OX. LIMITS OF '0 btp
TIDAL WETLANDS AS �'S )' cjcj$*
FLAGG=D BY I. COLE
do VERIFIED 13Y G. JUST cd�y1
J.M.U. CONSULTING y
I
I
L
Q RANSFORMER
AD
D4
f \\
PREMISES
11 1
fl r
XISTING WATER MAIN
CRETE
I � i
OBS RVATION
` TOWER
o \
N/F
\ CHRISTOPHER L. RAFFERTY
1
N/F
JEANNE A. MAY dss O.'
i \ / IRON
PIPE
04/02/01 j
A%.
oP sX FITF, LLC
BEACH Asa AREA IN MII ZONE
40,6701 SQ. FT.
0.931 ACRES
Area landward of Coastal
\ Erosion Hazard Line •-
a , 2E,9501 sq. ft
S`
O!
O
GyF
STONE SLOPE \
SILVER EEL COVE
DILAPIDATED
DOCK
.1L14�;
\90
CHAIN LINK
FENCE -
-IRON PIPE
i DETAIL
~ (NOT TO SCALE)
DPOLE
30s
IRON
PIPE O. \ 4�
2t LOT 3.4
N/F �s�o
JANE HARVEY do
CHARLES CURTIS
SINGLE FAMILY RESIDENCE
MUNICIPAL SEWER &
MUNICIPAL WATER
EXISTING
11.5 STY.
HOUSE
MARTf
N/F
A P. LI TCH
/
000
/
i
/
NO
U •0V
U&. X 00.
M'Q
R� N/F
JANET H. HARVEY &I
R. DIXON H. HARVEY, JR. /
k
N /F
HIRAM F.' MOODY III
i
N/F
WILLIAM H. WOOD, JR.
/
/
s
N/F
A WILLIAM WOOD
LOCATION MAP SCALE 1 vp=400
M612-21EBEERENM
1.) SITE PLAN PREPARED FOR CAROLYN J. DOHERTY; RESERVOIR ROAD;
FISHERS ISLAND, NEW YORK; DATE: MARCH 23, 2001; SCALE: 1"=40';
SHEE'- 1 OF 1; CHANDLER, PALMER do KING; NORWICH, CT.
Pyw
1.) T°IIS .SURVEY WAS PREPARED FCR ,THE PARTIES AND PURPOSE
INDICI,TEL HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED
AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE
OF THE ENGAGEMENT.
2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON,
UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO
ALTER AN ITEM IN ANY WAY.
3.) OVLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S
SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT
OF THE LAND SURVEYOR.
4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND
GEODETIC SURVEY TRIANGULATION STATION "PROS"
5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP
1000, SECTION 009. BLOCK 8, LOT 2.
6.) AREA OWNED BY FITF, LLC - 3.301 ACRES.
LEGEN�
N/F NOW OR FORMERLY
SF SQUARE FEET
40 20 0 401
GRAPHIC SCALE IN FEET
01
Of NCIV
C2 ae N..g pA W
N z
0
z
O
W
a
0
z
o N
00
o
m N 1 1 it
O
z w �w
Y �N
W z z Y
Li
m O [�J Z
d m O O U C)
DATE: 05/15/2006
SCALE: 1 " = 40'
SHEET
1 OF 1
Y
O
p
ti
-j
O
J
Z
z
cr
=)
0-
W
LL-
F—
� N
a
LL
W
Ix
W
(n
L%
N z
0
z
O
W
a
0
z
o N
00
o
m N 1 1 it
O
z w �w
Y �N
W z z Y
Li
m O [�J Z
d m O O U C)
DATE: 05/15/2006
SCALE: 1 " = 40'
SHEET
1 OF 1