HomeMy WebLinkAboutL 12874 P 298 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 08/05/2016
Number of Pages: 14 At: 11 : 47:56 AM
Receipt Number : 16-0121254
TRANSFER TAX NUMBER: 16-00617 LIBER: D00012874
PAGE : 298
District: Section: Block: Lot:
1000 010 . 00 01 .00 002 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $100 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $70 .00 NO Handling $20 .00 NO
COE $5 .00 NO NYS SRCHG $15 .00 NO
TP-584 $5 .00 NO Notation $0 .00 NO
Cert.Copies $35 .00 NO RPT $400 .00 NO
Transfer tax $0 .00 NO Comm.Pres $0 .00 NO
Fees Paid $550 .00
TRANSFER TAX NUMBER: 16-00617
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
ao 0
RECORDED
4 Number of pages 2016 Avq 05 11:4?:56 AM
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D000129?4
Social Security Numbers F `
GT# 16-00617
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee () Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation
Spec./Assit.
_
�f or
EA 52 17(County) Sub Total r Spec./Add.
EA-5217(State) TOT.MTG.TAX
f p-0 Dual Town Dual County
R.P.T.S.A. 1` Held for Appointment
Comm.of Ed. 5. 00 Transfer Taxes
Affidavit �• Mansion Tax
/�C-� �.� �� The property covered by this mortgage is
Certified C4,'7— yL� or will be improved by a one or two
I �— family dwelling only.
NYS Surcharge 15. 00 Sub Total � � � '�)l.
YES or NO
Other _
Grand Total i ( ., If NO, see appropriate tax clause on
LJ J page# of thisIstrurt.
4 1 Dist. 1000 3193144 5 Community Preservation Hund
Real Property 000 F,T S IIIIIIIIII�IIIIIIIIIII III�IIIIIIIIII�III C ideration Amount$ F
Tax Service (Ra DGR AAgency UL-16 CPF ax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
STEPHEN L.HAM,iII,ESQ. TD
MATTHEWS&HAM TD
38 NUGENT STREET
SOUTHAMPTON,NY 11968 TD
Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name I
aao
www.suffolkcountyny.gov/clerk Title# C L 3
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached EASEMENT AGREEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
THE FISHERS ISLAND The premises herein is situated in
ELECTRIC CORPORATION SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
FISHERS ISLAND In the VILLAGE
DEVELOPMENT CORPORATION or HAMLET of FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
PT 5
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Stat Ib: 3193144 R DGR A18-JUL-16
Tax Maps
District Secton Block Lot School District
1000 01000 0100 002000 FISHERS ISLAND
1000 01000 0100 009000 FISHERS ISLAND
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EASEMENT AGREEMENT
EASEMENT AGREEMENT made as of the 2nd day of May, 2016, between
THE FISHERS ISLAND ELECTRIC CORPORATION, a New York corporation with
offices at 161 Oriental Avenue, P.O. Drawer E, Fishers Island, New York 06390, party
of the first part, and FISHERS ISLAND DEVELOPMENT CORPORATION, a New York
corporation with offices at 161 Oriental Avenue, P.O. Drawer E, Fishers Island, New
York 06390, party of the second part;
WHEREAS, the party of the first part is the owner in fee simple of a parcel
of land located at Central Avenue, Fishers Island, Town of Southold, County of Suffolk
and State of New York (SCTM No. 1000-010.00-01.00-002.000), more fully described
in Schedule A attached hereto (hereinafter referred to as Parcel 1); and
WHEREAS, the party of the second part is the owner in fee simple of a
parcel of land located at Central Avenue, Fishers Island, Town of Southold, County of
Suffolk and State of New York (SCTM No. 1000-010.00-01.00-009.000), more fully
described in Schedule B attached hereto (hereinafter referred to as Parcel 2); and
WHEREAS, the party of the first part intends to grant an easement to the
party of the second part over a portion of the land described in Schedule A, said portion
of land for said easement more fully described on Schedule C attached hereto;
WHEREAS, the party of the second part appeared before the Board of
Review requesting a variance for the installation of the sewage disposal system which
does not conform to the Commercial Construction Standards of the Suffolk County
Sanitary Code, to wit:
- the sanitary system will not be located on the same property being
served; and
- the system will be an alternative sewage disposal system for nitrogen
removal which does not comply with Section XXXV;
and the Board of Review of the County of Suffolk Department of Health Services
granted a variance by letter dated April 7, 2016, attached hereto as Schedule D and
made a part hereof, provided an easement be filed.
WITNESSETH :
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10)
each to the other paid and the receipt of which is hereby acknowledged and other good
and valuable consideration, the party of the first part hereby grants and conveys unto
the party of the second part, their heirs, successors and/or assigns which shall come
into title to said Parcel 2, a permanent and perpetual easement that runs with the land
over that portion of Parcel 1 as set forth more fully in Schedule C hereto for the purpose
of placement, installation, maintenance, repair, inspection and replacement of an onsite
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sewage disposal system, and the party of the second part, their heirs, successors
and/or assigns shall restore the area to its original condition after placement,
installation, maintenance, repair, inspection and replacement of such service utility,
over the premises more particularly described in Schedule A. The cost of installation,
maintenance and repair of said onsite sewage disposal system and of restoration of the
affected area shall be borne solely by the party of the second part, their heirs,
successors and/or assigns.
• The installation of said onsite sewage disposal system within the
easement area as described in Schedule C for the benefit of Parcel 2 must be with the
consent of the Suffolk County Department of Health Services (the "DEPARTMENT").
The party of the first part, its successors and assigns, retains unto itself all
rights to fully enjoy its aforesaid premises except for the purposes herein granted to the
party of the second part.
The aforementioned easement granted herein shall be enforceable by the
• County of Suffolk, State of New York, by injunctive relief or by any other remedy in
equity or at law. The failure of any agencies or departments of the County of Suffolk or
of the DEPARTMENT to enforce the same shall not be deemed to affect the validity of
this easement nor to impose any liability whatsoever upon the County of Suffolk or any
officer or employee thereof. �5 ee. 54 e4f e 1� ^+�AC�QA f aR Ca kj6a#OF trOH96ee
This grant of easement shall at all times be deemed a continuing
covenant that runs with the land and shall be binding upon and inure to the benefit of
the heirs, successors and/or assigns of all parties to this Agreement.
This grant of easement shall not be terminated or extinguished without the
prior written approval of the DEPARTMENT.
IN WITNESS WHEREOF, the parties have set their hands and seals as of
the day and year first above written.
THE FISHERS ISLAND ELECTRIC CORPORATION
BY
J. ristopher roan, President
FISHERS ISLAND DEVELOPMENT CORPORATION
By
P. B. Weymouth III, President
2
STATE OF NEW YORK }
ss..
COUNTY OF NEW YORK)
On the 2"d day of May in the year 2016 before me, the undersigned, personally
appeared I Christopher Finan personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
• instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
N aryPublic A ou S• q i•: -�
ABDou S.FAIT �= �,: --• Ca..�
Notary fsublic,State 01 New
No,01FA6084B55
Civalifiad in Bron County -� Pr! F�a•�,,tJ. '
Camoste Filed In New York County= ,., ,.•• tet'
CUMM W F.xpsres Deoerrdwr 16,2018",,-
STATE OF NEW YORK }
ss..
COUNTY OF NEW YORK )
On the 2' day of May in the year 2016 before me,the undersigned, personally appeared
P.B. Weymouth III personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public WoU S. if <Z�. _ ;►
Asoou s.FALL. YbAI_J) 4
Notary Public,State of New _ :_ `v' .])
N0.01FA6084855 %`� '.,
Qualified in Bronx ny Oi - '., +•�, ."
Certificate Filed in New York C<uhV 'moi, Q "' "• �� ���
0=mbalon Expires DeoKMW 16,28tH
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Schedule A
to
Easemenj Agreement
Party of the First Part: The Fishers Island Electric Corporation
Party of the Second Part: Fishers Island Development Corporation
Easement Agreement Dated: May 2, 2016
ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon
erected, situate, lying and being at Fishers Island,Town of Southold, County of Suffolk and
State of New York, being more particularly bounded and described as follows:
BEGINNING at a stone monument on the northwesterly line of Central Avenue, said
monument being 3513.00 feet North of a point which is 1218.00 feet West of another
monument marking the United States Coast and Geodetic Survey Triangulation Station
"PROS"; and
RUNNING THENCE along said Avenue line South 79 degrees 30 minutes 30 seconds
West, 32.38 feet;
THENCE North 03 degrees 49 minutes 00 seconds West, 307.45 feet;
THENCE North 83 degrees 42 minutes 30 seconds East, 128.43 feet;
THENCE South 17 degrees 04 minutes 15 seconds East, 235.16 feet to said Avenue line;
THENCE along said Avenue line South 57 degrees 42 minutes 15 seconds West, 170.27
feet to the point or place of BEGINNING.
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Schedule B
to
Easement Agreement
Party of the First Part: The Fishers Island Electric Corporation
Party of the Second Part: Fishers Island Development Corporation
Easement Agreement Dated: May 2, 2016
ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon
erected,situate,lying and being at Fishers Island,Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the southerly line of Central Avenue 19.65 feet East from a
stone monument, said stone monument being 3552.00 feet North of a point which is
739.04 feet West of another stone monument marking the United States Coast and
Geodetic Survey Triangulation Station "PROS'; and
RUNNING THENCE East, 115.01 feet;
THENCE North 55 degrees 18 minutes 20 seconds East, 129.80 feet,these last two lines
abutting northerly and northwesterly on said Central Avenue;
THENCE South 74 degrees 03 minutes 40 seconds East, 69.90 feet;
THENCE South 46 degrees 33 minutes 40 seconds East, 114.40 feet to a point 10 feet
northwesterly from the northwesterly line of a dock on West or Great Harbor;
THENCE South 40 degrees 20 minutes 20 seconds West, 56.1 feet, said line passing
through a point 5 feet northwesterly from the most westerly corner of said dock,these last
three lines abutting northeasterly and southeasterly on remaining land now or formerly of
Fishers Island Farms, Inc.;
THENCE northwesterly along the outside face of stone retaining wall at the shore of West
or Great Harbor, 189.6 feet;
THENCE southwesterly along the shore of said Harbor, 104.4 feet;
THENCE southeasterly along the face of a stone retaining wall at the shore of said Harbor,
42 feet;
THENCE southwesterly along said wall and shore line, 21 feet;
THENCE northwesterly and southwesterly along said shore line, 150.0 feet;
THENCE North 20 degrees 57 minutes 00 seconds East, 70.00 feet to the point or place
of BEGINNING, this last line abutting northwesterly on land now or formerly of Jane R.
Chester.
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Schedule C
to
Easement A regimen
Party of the First Part: The Fishers Island Electric Corporation
Party of the Second Part: Fishers Island Development Corporation
Easement Agreement Dated: May 2, 2016
A permanent easement for theinstallation and maintenance of an onsite sewage disposal
system to service property currently owned by Fishers Island Development Corporation
• and leased to the Fishers Island Yacht Club, situate, lying and being at Fishers Island in
the Town of Southold, County of Suffolk and State of New York, said easement being
bounded and described as follows:
BEGINNING at a point in the northwesterly line of Central Avenue,said point being located
3542.84 feet North of a point which is 1169.03 feet West of a monument marking the
United States Coast and Geodetic Survey Triangulation Station °PROS°; and
RUNNING THENCE North 220 57' 25" West, 63.14 feet to a point;
THENCE North 10" 56' 28" East, 30.85 feet to a point;
THENCE North 57° 42' 15" East, 104.57 feet to a point;
THENCE South 17" 04' 15" East, 87.87 feet to a point in said northwesterly line of Central
Avenue;
THENCE along said Avenue line South 57° 42' 15" West, 112.87 feet to the point of
beginning.
Containing 9,760 square feet, more or less.
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Schedule D
to
Easement Agreemen#
Party of the First Part; The Fishers Island Electric Corporation
Party of the Second Part: Fishers Island Development Corporation
Easement Agreement Dated: May 2, 2016
FINDINGS, RECOMMENDATIONS and
DETERMINATION OF THE BOARD OF REVIEW_
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SUFFOLK COUNTY D$PARMEN1'OF HF,ALM bRVICES
DwmoN OF ENVM0NtM9NTAL QUALITY
BOARD OF RXVMW- i
ARTICtF,2,S MON 220,SUmm Comrtr SANjTARY CODE i
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To; James L.Tomarkea,MD,MSW;MPH.,MBA,Commissioner
From: Patricia A.Floris,P.B.,Chair,Board of Review
Subject: Findings and Rmcammendations of the Review Board Regardit►g; CIO-12-0004 w Halters
Island Yacht Club--A Central Ave,, approx. 950 ft, w/o Crescent Ave.,Fishers Island— ,
t/c Southold,SCTM;1000.01000.0100-003008&002000
Hearing bate: March 17,2016
Board Mamborat Nancy Pierson,Kewc%Clutnia
Reviewer. John Sohngen,F.S. I
. S temont of P�ublem
The Department's construction standards require that a sewage disposal system be located on the same
parcel as the building being served by the sewage disposal system, The applicant is proposing to
install it new sewage disposal-system to serve an Weft building,with the now system ioc*d on a �
nearby pToperty.
The proposal is for installation of an atternative sewage disposal system that Is not permitted under
New York Stats or Suffolk County Deputmerd of Health Services construction standards.
npdt g and Facts
1. The p Waal is to construct a replacement sewage disposal system fbr an existing yacht club
fhallity which is located on tax parcel 1000.oi000-0100-009000, j
2. The yacht club parcel is 0.6 acres, and is located in Groundwater Management Zone 4. The
allowable sanitary density flew for the site based upon parcel size is 360 geltons par day(gpd), ;
3. As per Department staff,the yacht club has an existing sanitary flow of 975 gpd,which'rneets
article 6 sanitary density regrdretno nta based upon grantliht{eft
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d. The alts-is smrved by public writer,supplied by the Fishers Island Utility Corporation. I
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3. The submitted plans show that the fhoflity is presently served by an tin-site cesspaol,without it �
septic tank;the existing compodl is shown as being•located approximately 15 felt foam tidal
mdanda and approximamety 30 feet ftom the high water mark of West Harbor,
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6, It was indlcated during the hearing that the aesspa0l is approxk=Wy 5 fact damp, likely of
block construction,and likely located In grvundwate'r, Tho cesspool is to be removed as a part � I
of this proposal. t
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7. Departmom'standards require that sewage disposal system be located an tate parcels which ;
they serve, In this=%due to high groundwater conditions,and adjamd wetlands end set Bwa '
waters, there is no 1006M on the yachl club parcel when a replaoemw sewage disposal
system can be installed meeting acparation diataaces, The applicant proposes to install the
replacement system on a nearby property known as tax parvo!1000.02000-0100-002000. '
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James 1.Tomarken,MD,MSW,MPH,MBA,Commissioner
Hearing Dale Mamh 17,2014
Subject; Findings and Recommendations of the Review Board Regarding: C10.12-0004 - Fishers
Island Yacht Club-s/s Cenral Ave.,appzox. 950 & w/o Crew Ave,,Fishers Wand
Yo Southold--SCI'M; 1400.01000-0100.009000&002004
8. Tax*011000-01000-0100.002000 is owned by the Fishers island Electric Company,which
has agreed to provide an casement for the"osed sanhuy oystarm.
9. Thane is on existing dvmUing locoed on tax parce11000.01000-0100-002000,served by public
water and an on-site sewage disposal system,located in the north pordou of the property. Tiro
proposed new system for the yacht club is to be insaalled in the south pardon of the property,
10.The applicant ,
app proposes to install an advanced itutavativo alteraativ$ wastewater troalmetn
system to serve the yacht olub,including a pump station on the yacht club property and a force
main the#will be installed under tho public roadway known as Central Avenue,to it distribution
chamber on nearby tax parcel 1000.01000-0100.002000; atter the dlsiribudon chamber, the
sanitary structures on that tax parcel will include a septic tunic and 4"Rwircul.Wng Vertiod
Flow Vegetative Flow GrMi Filter,'followed by a pump station whioh wM dhvot a porden of k
the flow back to the rec{roulating fiktar,cad the remainder to a she Ift narrow drainfield in iiau l
of typioal leaching pools.The leaching system Is kzown as a paru-rite drip dispersal system, l
11,'the proposed design flow is 975 gpd. The app1i'eant indicates that the system should reduce
nitrogen In the effluent to 19 mg/L, which Is appro-ximakly half of what is expected foam a
oonvwdonai sewage disposal system codststing of a septic tank and loaehia g pools, ! j
12.The Departm=Vs "Other Than icing e-Family Residential Construction Staadarda" allow for
the use of alternative sanitary systems if it can be damonsftW that the alterngdva systtm is �
equlYAcra to or batter than a conventional eystem. In this case,the proposed alt&% Mee system
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dam pQt comply with rite land ares utilization, installation coat, maintainability, reparability, i
life expectancy ,energy usage and reliability oritexta,
13.The County is presently lmplernentlng a Not Program to test iszstalladorts of alternative on,, to
alrtgla-family residential sewage disposal system 'which do not comply with rho laud area
utilization, installation cost, mahAdnabUtty, reparability, Ibb expectancy, energy usage and
reliability that would be expected from conventional sawage.dlspasal systems,but which the C
County bolleves to be superior with respect to effluent quality, particularly for nitrogen
removal, Those systems were required to be certified to NSF-245 standards.
14.The alternative system proposed for The stt*t project does not meet NSF-245 trtau lmda,and
Is not part of the approved pilot program. However, it Is proposed to be installed for
demonstration purposes to allow Suffolk County to review the instaIlation,•peaftmanes,
operation and maintenooao of the misting gravel filter to detmmtm rho eWlvorress of the
system, which could result in changes to oon*uction standards to allow such systems in tiro
future without the need for a variance. I
IS,Area is to be set aside far fuatre lnstalledon of conventional ssnttary leaching pools. Bypass
piping can be Irketalled far the septic talc tM ont, so that if problems should arise with tho '
recirculating gravel filter and/or dukMeld,it will be possible to install those leaohirtq pools and
operate the system as a conventional sewage disposal system moathtg current conshtatim '
� standards.
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James L.Toawkw,MD,MSW,MPH,MBA,Commisdow
Hearing Date Match 17,2016
Subject; Findings and Recommendations of the Review Board Regarding: CIO-12-0004—Fishers
Island Yacht Club-ala Central Ave.,Wpm. 950 ft. wlo Omscaut Ave., Fishers Island— k
Vo Southold--SCTM: 1000-010404140-009000&642000
16.During the hearing,the Board was under the impression that use of this pm-rite drip dispersal
system rewired a*am in and of itself;leading to noncoms about fotm operation if mere
should be a problem with-the [oaching syst=, The Board inquired ag to the poulbility of
installing the conventional sanitary leaching pool&at the limo of initial Conon,which the
appilrant indicated would be a hardship due to the exp=e.
17-Vtor the hooring, Department staff'clariflod for The Hoard that the use of the Pero-rite drip
dispersal 'system does not require a variance as long as it is preceded by the alternative
treatment systan,wh[ch is expected to produce efflumt with reduced solids.
18.Concerns were 0180 raised during the how*regarding system operation during power outages,
The applitant indicated that the yacht club could closedown in-such a circumstance,
19,Sail-conditions in the area of the proposed sewage disposal system are good, with SP gado
brown silty sand hum 2 to 14 fact below-grade,
20. Depth to gro=dwster in the area of the proposed disposal system is 12 fcet,at clevation 3 feet
above mom sea level as per the subrnitted test We data.
21.The proposed new sewage syiWn on tax parcel 100041000-0100-002000 will be fenoed, and
will be more than 100 fest fbom wedezda and su fie waters, In accordance with Daparbmogt i
standards,.
22.An"Dperation,aod Maintun=c Agreemenf will be required io be maintained by the Fishers
Island Yanht Club.
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23. Suffolk County will be involved in all phases of the installation of the waatowKier system,and
will also be involved in monitoring the bporation of the�sy mem,as well as the.dnuent quality.
24,The system will be utilized by the County and the Tovm of Southold to promotie public
education about the use of innovative alternative wastewater tmatmert systems,
25.Tho Town of Southold Board of Town Trustees granted an extension 1br the wetlands pmnut
for the project on February 17,2016,
26.A Now York State Depatiment of F..avimmnantal Conservatlod tidal wetlands pamut was
issued for ft fheility on February 13, 2013; bowevw, that permit may need to be modified
andlor renewed prior to imw=of an approval to oo mhvot by the Department.
27.Approve[by the Town of Southold must be issued for insW atlon of the new fbme main within
the Town roadway known as CenW Avenue,
28,A SEQRA Nepftm Declaration for the proposal was issued by the Department of Health
Services on April 6,2016,
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James L,Tomarken,MD,MSW,NPH,MBA,Commissioner
Hadng Date March 17,2015
Subject, Findings anti R000mmondatione of the Review•Board Regarding: C10-12.0004 - Fishers
Wand Yacht Club-els Central Ave,,approx. 950 R.who Crescent Ave,,Fishers Island—
tlo Southold--SCTU, 1 ON41000-0100- 089000&-002000
Delis /nation
It was a 3 to 0 detmtmination of the Board to grant the mput for the variances,provided the following
conditions are met: !
9 Any required wetlands peratits shall be obtained and/or updated, and submitted to. the
Department prior to issuance of an approval to construct.
• Prior.to issuance of an approval to construct by the Departmeht, the applloant must-submit
documentation that thq Town cf Southold has granted approval for installation of the taew
sewage fotre main►within the Town roadway known as Central Avenue,
• The sewage pump stations on both properties shall be provided with mmote alarm•systema,
satisfactory to the Depaetment,to notifj the operator in the case of a faUm,
• CoYdnants shall be prepared and 1114 in language w mptablc to the County Attomoy,that;
o Establish an easarnem on tax parcel 1000-01000-0100-002000 for the installation,
operation and maintenance of the proposed sew sewage disposal system Qn that lot to
servo the facility on tax parcel 1000-01000-0100-809000.
o Establish that Fishers island Yacht Club will be•required to maintain an Operation and
Maintenance agreement, saddhetory to the Depaztment, for the.altemadve nunmt
and disposal system,
o Batablish that if use of either the recirculating gravel filter or the pwa-rite drip dispersal
sydom must be disootatimed, as determined by the Department the engineer, or any �
other involved patty,the conventional•sanitary leaching pools shown as expatnslon area
must be installed inanediately, and the eflluerd shall be dtrected to those sanitary
leeching pools in sccmrdance with'Depmimew standards and requirements. .
o Provide for any additional conditions required by the Department for ahernattve
systema, inaluding oggohtg sampling of the system and reporting of the results to
' Depat3ment. .
Although the constriction standards do not allow for consideration of enviranna ental Unfits $vm I
alternative smgo disposal systema as compared to cost, operability, eto, •of oonventional sewage ;
disposal systems,there are areas that have been idadr Pied in the County for which it is bolleved that i
advanced nitrogen iernoval will be beneficial to the water supply and, suifaoe waters. its subject
facility is presently served by a substandard sewage dispoesl system,located in vary claso proximity to
surface waters, and the new system is expected to be a substantial iMpravorrmat over obting
conditions. Although the system will be on another property, the owner of Haat pared has agreed to '
provide the necessary arca,and the location an that property will result in greatly increased separadon
distances to wetlands and surface waters. Data collooted by the County fh m the alternative system
may be helpful in tho detemaination as to whether or not such alternative eystems should be pmmd tad
in the future on a routine basic, and; should it became necessary, it will be possible to install
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conventional leaching pools after the septic tank,
71)
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James L,Tomarken,MD,MSW,WH, MSA,Commissioner
Hearing Date Mamb l7,2016
Subioot: FiMdings and Rcoarnmeadai:lons of the RovieW Board Regarding:'C10-12-0004 Fishers
feland'Yaoht Club"sls Central Ave.,approx, 450& w/o Crescent Ave., Fishers Island
tlo Southold--SCTM: 1000-01000-0100-009000&002000
The granting'of the requested variances is not a formal .approval to install an altantative sewage
disposal system for the yacht cdnb on the nearby parcel, Ranter, it is a.deftmination on the specific
vailanom requested, based upon factors'noted in 1760-609 of the Suffolk County Swatary Code
(Sana Code),), Ia compliance with §764.609A(1)(a), graWn8 of thA variances vvlth the spov3fiod
conditions 1s in generd conformity with the Sanitary Code, With the specified conditions, the
variances should not impair groundwater,surface w%W and&h*AQ water supplies,and, as sttch, iaro
cwnsis Ontt with criteria specified in §760-609A(l)(b). IU variances, with tho specified conditions, r
Will not adversely affect the design of an adequ a on4to water Supply andlor eaarago disposal system,
• taking imo account soil oonditlons,depth to gtoundwOtcr, and site-specific Oysioal conditlam%and as
such, are consistent with criteria specified in §760.609A(l)(e} Tho 'vadanaes Being granted are fbr
Ws spaoiflo pmposW,based an the cnvimmmeatally semsidve nature of the am and the aubstandard
sewage disposal system that wi11 be replaced, and for the Mose of gathering data to permit the
County to consider future changes to the Comty,a standarda;therefore the variances will not sat a
precedent permitting insWlattwi of alternativa systems on other properties,and,as such,the variance E
is in conformance with§760-604A(1)(o).
As por 4760-609 of ilio Sanitary Code,the appmval of the vadaum with the spec fled oondidons-is in
harmony with the general purpose and intent of the Sanitary Cods to protect groiuWWmer and drinking
• water supplies,owtoo water and other natural resources,and public health,safety said welfhre.
I
April 7,2016 Patricia A.Floria,RB,
Chair w Board of Rbview
7E
Schedule E
to
Easement Agreement
Party of the First Part: The Fishers Island Electric Corporation
Party of the Second Part: Fishers Island Development Corporation
Easement Agreement Dated: May 2, 2016
CONSENT OF MORTGAGEEILIENOR H.D. REF. No.: C10-12-0004
NAME OF MORTGAGEE: BANK RHODE ISLAND
LIBER NO. 20289 OF MORTGAGES PAGE N0, 509
In the matter of the application of Fishers Island Yacht Club, Inc., the undersigned, as
holder of a mortgage or lien on PREMISES described on Schedule A annexed hereto,
hereby consents to the annexed easement on said PREMISES.
BANK RHODE ISLAND
By
E Yhanua% i3Arrbws
ACKNOWLEDGMENT
State of Rhode Island )
ss:
County of Providence )
On the 164�1 day of May in the year 2016 before me, the undersigned, personally
appeared „„��,,Y personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same in his/her capacity,and that by his/her signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument, and that
such individual made such appearance before the undersigned in the
Go 79c+Rc1�NCQ a State of Rhode)s
(insert the City or other political subdivisioz IL 194e
�r '
N
Not Public
8