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Home My WebLink AboutApplication TwomeyF3 Latham Martin D.Finnegan S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham John F.Shea,III Christopher D Kelley RECEIVED David M Dubin 4 Jay P Quartararo t May 14, 2019 Peter M Mott Janice L Snead MAY 1 5 2019 Anne Marie Goodale Bryan C Van Cott Kathryn Dalli Laura I Dunathan First a Lisa Clare Kombrimbnnk ViFit ClMil Southold Town Clerk, Patrick B Fife Martin D Finnegan 0 Reza Ebrahimi Ms. Elizabeth A.Neville, Town Clerk Jeffrey W.Pagano Town of Souihold P.O. Box 1179 Bryan J Drago Bernadette E Tuthill Southold,NY 11971-0959 Craig H Handler Alexandra Halsey-Storch Melissa S.Doris Re: Change of Zone Application for Fishers Island Utility Company/ Katenna Grinko Lorraine Paceleo Briar Patch Terrence Russell Premises: Corner of Central and Crescent Avenues, Fishers Daniel R Bernard Christina M.Noon Island,NY/SCTM#1000-6-6-20.8 OF COUNSEL Dear Betty: Kevin M Fox Kelly E.Kinirons Karen A Hoeg With respect to the referenced Application, enclosed lease find a certified Patricia J.Russell p pp p Jennifer P Nigro . copy of the recorded Declaration of Covenants for your records. We will retain a copy in our file. r NY&LA BARS t LL M IN TAXATION A NY&NJ BARS If you have any questions or require anything further regarding this matter, O NY NJ&PA BARS please feel free to contact me. Thank you for your assistance. Main Office 33 west second St. est regards, P.O.Box 9398 Riverhead, NY 11901 631.727.2180 suffolklaw.com Marti, Finnegan MDF/lk Enclosure cc: Bill Duffy, Town Attorney CC# : C19-22162 ,.y '�'at•rat�� COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 05/13/2019 under Liber D00013011 and Page 839 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/13/2019 SUFFOLK COUNTY CLERK JUDITH A.PASCALE' - - SEAL 1 I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/13/2019 Number of Pages : 4 At: 02 :53 : 00 PM Receipt Number : 19-0092759 LIBER: D00013011 PAGE : 839 District: Section: Block: Lot: 1000 006. 00 06. 00 020 . 008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO , Cert.Copies $5 . 00 NO RPT $200 . 0.0 NO Fees Paid $265 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ( i iz Number of pages F''FC;iRGEC- 019 Nag 1 Cry e o r;;<< PN TLD1Tii las PA''CALE This document will be public C:LEN OF record. Please remove all SUFFOLI,- COUHPil Social Security Numbers L 1)00011_'011 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stam p Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax TP-584 2. Additional Tax Sub Total Notation Spec./Assit. EA-52 17 (County) or Spec./Add. SubTotal �J EA-5217(State) TOT. MTG.TAX R.P.T.S.A. Dual Town Dual County Comm. of Ed. 5. 00 Held forAppointment �, � � - Transfer Tax Affidavit +p ; Mansion Tax CertifiedCopy. �� The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total ��' - Other YES or-NO Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 101 613 3867062 1000 00600 0600 020008 3 =Community eservation Fund Real Property T 11111111111111111111111Tax e R LPA AConsideration Amount$ 0.00 Agency07414AY-0 Verification CPF Tax Due $ 0.00 6 Satisfactions/Discharges Releases List Propperty Owners Mailing Address Improved R�CORD&RETURN TO: Martin D. Finnegan, Esq. Vacant Land Twomey, Latham, Shea, Kelley, et al. TD P.O. Box 9398 Riverhead, NY 11901-9398 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 Title Company Information www.suffolkcountyny.gov/clerk FCo.Name Title# 8 Suffolk County Recording & Endorsement Page g This page forms part of the attached DECLARATION OF COVENANTS by: (SPECIFY TYPE OF INSTRUMENT) made Fishers Island Utility Company, Inc.,Declarant The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD Town of Southold In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 14 f ~ DECLARATION OF COVENANTS THIS DECLARATION made this 3 ay of , 019, by the Fishers Island Utility Company, Inc., with its principal place of business located at 161 Oriental Avenue, P.O. Box 604, Fishers Island,New York 06390,hereinafter referred to as "DECLARANT": WITNESSETH : WHEREAS, DECLARANT is the owner of certain real property located on the northwest corner of Central and Crescent Avenues, Fishers Island, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 6, Block 6, Lot 20.8 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto,hereinafter referred to as the"Property"; and WHEREAS, the Property consists of a 1.28 acre (55,757 sq. ft.) parcel within the R-80 (Residential)Zoning District; and WHEREAS, the DECLARANT made Application to the Town Board of the Town of Southold ("Town Board") which sought a change of zone to the Hamlet Density Zoning District to permit the construction of a two-family dwelling on the Property for year-round use by employees of the DECLARANT; and WHEREAS, as a condition of the granting of the change of zone to Hamlet Density, the Town Board has required the DECLARANT to covenant that the use of any multi-family construction on the Property be limited to year-round occupancy. NOW, THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1) Upon construction of a multi-family dwelling on the Property, each such dwelling unit shall be used and occupied only by a full-time, year-round resident of Fishers Island. 2) This covenant shall run with the land and shall be binding on the DECLARANT, their heirs, assigns, purchasers, or successors in interest and may only be modified after a public hearing and upon resolution of the Town Board. IN WITNESS WHEREOF, DECLARANT has duly executed this instrument this day of A-pk, 2019. Fishers Island Utility ompany,Inc. By: (J. hristopher Finan,President STATE OF NEW YORK) ss.. COUNTY OF SUFFOLK) - On the day of*.r,—In the year 2019,before me the undersigned,pefsenally_appeafed J. 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 on behalf of which the individual acted, executed the instrument. ACV C-0 iq (� 7 j "I a i i i SCHEDULE A ALL THAT CERTAIN plot, piece or parcel of land located at Fishers Island in the Town of Southold,County of Suffolk,State of New York, being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue,said merestone being located 1,488.17 feet West of a point which is 3,538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS"and thence running North 710 27' 10" West 155.00 feet along said Northeasterly line of Central Avenue to a monument; THENCE North 14°31'20" East 324.82 feet to a point; THENCE North 82°40'00" East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; THENCE South 140 31' 20"West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point or place of BEGINNING. Subject property consists of 55,757 square feet= 1.28 acres. SCTM#1000-6-6-20.8 Norklun, Stacey From:Neville, Elizabeth Sent:Thursday, March 14, 2019 11:42 AM To:Norklun, Stacey; Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle; William Ruland Cc:'Martin Finnegan' Subject:FW: Letter of support from ICB_Utility Company Project Attachments:ICB_FI Utilty Co Letter of Support_3_2019.docx FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: Meredith Doyen \[mailto:finy.southold@gmail.com\] Sent: Thursday, March 14, 2019 11:41 AM To: Louisa Evans; Neville, Elizabeth Cc: jcfinan@fiuc.net; Tom ONeil; Russell, Scott Subject: Letter of support from ICB_Utility Company Project Betty and Louisa, Attached is a letter from the ICB about the "Briar Patch" project that the Fishers Island Utility Co. is working on. This is in response to a public meeting and feedback from the Utility Company and participants at a public forum. Please include this in the public record and share with those who need to see this before the discussions in town tonight. Thank you, Meredith Doyen, Neighborhood Aide 1 Tom O’Neil, President, Island Community Board P.O. Box 464 Fishers Island, NY 06390 3/14/19 Elizabeth Neville Town Clerk Southold Town Hall 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Dear Elizabeth Neville: The Island Community Board (ICB) held its monthly meeting on Fishers Island on Tuesday, March th 12, 2019 at the Island Community Center. This meeting is a monthly forum for island organizations to report on projects and other island-wide initiatives that will impact the island community. As you may know, a recent project that has attracted a lot of attention is the request for zoning change at the “Briar Patch” property from Residential to HD zoning. The Community Board requested a public discussion with the Fishers Island Utility Company representative, Chris Finan. Mr. Finan was in attendance and was able to address all the community concerns over this issue. There was a healthy discussion and it appeared that most of the concerns were attended to and his responses seemed to quell a lot of the concern. We at the ICB would like to include this letter in the public record as a letter of support for the Fishers Island Utility Company project at the “Briar Patch”. We feel that the Utility Company has done its due diligence on this issue and appreciate their cooperation. We feel that addressing the community’s concerns in a public forum is the best and most transparent way to move ahead and we support their efforts to improve affordable year-round housing opportunities on Fishers Island. Sincerely, Tom O’Neil, President, Island Community Board To Whom It May Concern: As the previous renter to the Briar Patch, I felt inclined to write a letter on the matter of changing zoning for the property, and I oppose the action. My operations at the Briar Patch included stacking my sawmilled lumber, split firewood and upkeep of the property. If this next statement is of any bearing in final decision, the property was rented to me by the utility company and most definitely not in a legal manner according to zoning. I thoroughly enjoyed my time spent there and cannot complain about the naysayers about my business there. I installed bat boxes in the trees to give shelter to the bats, watched dozens of bunnies roaming through the grasses, and planted wildflowers to add to the charm. Being in the center of town was appealing and a high traffic location so everyone stopped by. I personally believe that people in power on this island are going about housing all wrong. The fact of the matter is, there is plenty of housing on Fishers Island, but nobody wants to give it up. The entire island consists of houses! Slowly but surely, summer people are buying them all up, and rightfully so. Anyone who is selling his or her house has to consider the highest bidder and generally that is not a year round resident. If we want to get people to move here, we need to create jobs and increase wages. This is something that the island resists. Everybody that vacations here wants to keep the island low key, non-commercialized, and not like Block or Nantucket. Unfortunately, that means residents suffer. My co-worker, Fishers Island born and raised, stated that there were 500 plus people living here when he was in high school. What happened to their houses? If you were to poll the workers that ride the ferries back and forth everyday, most of them say they don’t want to live here. Understood that the F.I. Utility Company needs people here 24/7 for emergency purposes, but they could also buy several boats to ferry workers for the price that they want to spend on a new housing project, and make use of a dock they already own. They could sell the Briar Patch or any of their other properties to cover rate increases, and spend money a little smarter. They also could banish ridiculous policies such as resident vs. seasonal rates that cause summer people leaving lights on all winter so that they can fall into the resident bracket. There is no good faith in the utility company amongst residents here, and maybe one day they can restore that. Kind regards, Alexander Williams Norklun, Stacey From:Neville, Elizabeth Sent:Tuesday, March 12, 2019 11:49 AM To:Norklun, Stacey Subject:FW: \[SPAM\] - Re: Fishers Island Utility Housing Proposal. Please LF From: Domain Admin \[mailto:joshua@joshuastarbuck.com\] Sent: Tuesday, March 12, 2019 9:44 AM To: Neville, Elizabeth Subject: \[SPAM\] - Re: Fishers Island Utility Housing Proposal. Dear town. I am writing as a twelve year summer and shoulder season resident of Fishers Island regarding the Utility Company and their desire to change the zoning on the “Briar Patch” lot. For the reasons stated by many others, density, environmental effects etc. I do not think we should allow them to change the zoning. The briar patch lot, in its present state insures the serenity of the ball field as a place for gathering and play for the island residents. It keeps the area around the island health project peaceful as well, which is important for those having to go there. It also ensures that the cemeteries are in a more peaceable area. In addition, I think that a change of zoning will set a bad precedent that zoning laws are something that can be changed sort of willy-nilly depending on the needs of a commercial entity on the island. I would like to suggest an alternative. There is a vacant lot on central ave, adjacent to the power office, It is listed as being owned by the town of Southold. I suggest that the Briar patch be donated to the Museum land trust, and in exchange the utility company be given this land to put up a two family unit for their workers. It is a nice location, next to the beach, but on a much less traveled road, and on land that abuts utility company property. It would save the workers the time and expense of having to travel to commute to the utility company office as well. There are other unused lots on the island as well that are better suited to this purpose rather than the Briar patch lot. A similar arrangement could be arranged. Thanks you for your time. Joshua Starbuck joshuastarbuck@joshuastarbuck.com 917 604 5139 1 Joshua Starbuck joshua@joshuastarbuck.com 917 604 5139 2 Norklun, Stacey From:Neville, Elizabeth Sent:Friday, March 08, 2019 3:30 PM To:Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle; William Ruland Cc:Norklun, Stacey Subject:FW: Briar Patch FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: Tom O'Neil \[mailto:mail@charlesthomasoneil.com\] Sent: Friday, March 08, 2019 3:20 PM To: Neville, Elizabeth Cc: Louisa Evans Subject: Briar Patch To: Elizabeth Neville, Town Clerk, Southold Dear Ms. Neville, On behalf of the Island Community Board, I am writing to request that the Town Board postpone its vote on the zoning change application submitted by the Fishers Island Utility Company. Given the objections to the application recently raised in numerous letters from Islanders, we plan on facilitating a question and answer period with a board member of the Utility Company at our next monthly meeting, March 12. We believe that this additional opportunity for communication about the "Briar Patch" property is in the best interest of the utility company and the Island. Postponing a vote until after your next meeting will help us in this process. Kindly confirm receipt of this email. Thank you for your consideration. Sincerely, 1 Tom O'Neil President, Island Community Board Tom O'Neil PO Box 201 Stockbridge MA 01262 (413) 298-4199 www.charlesthomasoneil.com 2 Fishers Island Utility Company, Inc. 161 Oriental Ave #604 Fishers Island New York 06390 631/788-7251 Fax 631/788-7798 J. Christopher Finan President Southold Town Board c/o Elizabeth Neville, Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 March 6 , 2019 Re: Petition for Change of Zoning of the Briar Patch Suffolk County Tax Map as Lot #1000-6-6-20.8 From R-80 (Residential) to HD (Hamlet Density) Dear Supervisor Russell and Members of the Town Board, I am writing to address the various comments submitted for the record following the public hearing of the February 26, 2019. Those who commented expressed concerns about the necessity of workforce housing, the cost, the suitability of the Briar Patch parcel and the need for a year-round housing covenant. I will address each concern in turn below: The need: Everyone, including those who have challenged the petition, recognizes that we need more housing on Fishers Island for year-round residents. The need is particularly acute for utility professionals given the importance of 24/7 coverage for electric, water and telecommunications services as a matter of community health and safety. We have been chronically under-staffed as a result of inadequate housing; the problem will get worse as older employees who own their housing retire and we cannot house their replacements. Reliance on off-island staff is unrealistic given the challenges of commuting to the island at off-hours, in severe weather or on emergency short notice. Off-island employees who spend several nights a week on-island in shared housing involve more cost, do not engage in the island community and lack the stabilizing influence of family and friends on-island. No better options: Of course, we would rather not have to invest in housing for our employees. Unfortunately, Walsh Park, the non-profit that provides subsidized year-round housing, has no surplus inventory and has a waiting list; it is not in a position to guarantee housing for utility employees. Alternatively, on our small island houses are scarce and expensive for either us or our employees to buy or rent year-round. Many require large investments to make them habitable in winter. Such investments would be difficult to justify to utility ratepayers or our regulator, the New York State Public Service Commission, when a more cost-effective option is available. Fishers Island Utility Company, Inc. 161 Oriental Ave #604 Fishers Island New York 06390 631/788-7251 Fax 631/788-7798 J. Christopher Finan President The most cost-effective way for us to ensure we have suitable housing for our employees is to build our own houses on lots that we already own. This will allow us to avoid the cost of purchasing land and will save on building and operating costs by using pre-fabricated, energy efficient construction techniques. Fortunately, we own the Briar Patch, which is ideally located on the West End of the island, close to all of the amenities important to the year-round community. We own only one other lot that could accommodate multi-family housing but we are deferring further consideration of options there pending the outcome of Briar Patch project. Two-family is more cost-effective: Under current zoning, we could build a large single- family house on the Briar Patch. However, a change to hamlet density (HD) zoning would allow us to build a two-family house, within the same footprint, that would be significantly more cost-effective to build and maintain. The Briar Patch can accommodate such a house, fully compliant with applicable building, health and environmental regulations. For example, the structure would have only two stories, off-street parking, code-compliant septic and drainage systems and proper setbacks from the street and adjacent wetlands. Prioritizing year-round housing: As stated in our presentation at the public hearing, the Fishers Island Utility Company would welcome an HD change of zoning that is conditioned on adding a covenant to the deed for the Briar Patch restricting occupancy of the two-family house to year-round residents of Fishers Island. This is totally consistent with our goal of housing year-round employees and their families. It also addresses a concern in the community that we not open the door to the creation of multi-family housing for vacationers and seasonal second homeowners. I believe that the other relevant comments and concerns that have been raised regarding our petition were addressed by the Town Planning Board in their report. I greatly appreciate the responsiveness and consideration we have received from members of the Town Board and the Town Planning Board as we have pursued this vital housing initiative. Please do not hesitate to contact me if you have any further questions or concerns. Sincerely yours, J. Christopher Finan, President Fishers Island Utility Company, Inc. 161 Oriental Ave #604 Fishers Island New York 06390 631/788-7251 Fax 631/788-7798 J. Christopher Finan President VIA EMAIL TO: e.neville@town.southold.ny.us Cc: Ms. Jane Ahrens, Editor, FishersIsland.net and Fog Horn Newsletter, Fishers Island Via email to: info@fishersisland.net Norklun, Stacey From:Neville, Elizabeth Sent:Monday, March 04, 2019 3:36 PM To:Norklun, Stacey Subject:FW: Public Comment Regarding Lot #1000-6-6-20.8 R-80 Attachments:WPBC Comments on FIUC Hamlet Density March 4, 2019.docx Please LF From: Matthew Edwards \[mailto:medwards@walshpark.org\] Sent: Monday, March 04, 2019 3:33 PM To: Neville, Elizabeth Subject: Public Comment Regarding Lot #1000-6-6-20.8 R-80 Hi Elizabeth! Please find the attached letter regarding the proposed zone change on Fishers Island from the Walsh Park Board of Directors. Please don't hesitate to contact me if you have any questions. Best, Matt Matthew Edwards Program Manager Walsh Park Benevolent Corp. PO Box 684 Fishers Island, NY 06390 (631) 788-7927 www.walshpark.org 1 Elizabeth Neville Town Clerk Southold Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971 e.neville@town.southold.ny.us Ms. Neville: This communication is in reference to “A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot #1000-6-6-20.8 R-80 (Residential) to HD (Hamlet Density)”. As you may be aware the Walsh Park Benevolent Corporation is a non-profit organization whose mission, for over 30 years, has been to promote the viability of the year-round community of Fishers Island by creating and maintaining a supply of attractive and affordable year-round housing. Our organization has no direct relationship with the Fishers Island Utility Company and no role, visibility into the development plans or control over this proposed project. However, we do believe that any effort to invest in opportunities to expand the year-round population on Fishers Island should be thoughtfully considered. There remains an acute shortage of affordable housing on Fishers, and we applaud the Town’s willingness to consider the utilization of Hamlet Density zoning as a potential solution to address this need. We do feel strongly that the use of any Hamlet Density zoning on Fishers Island should only be approved with permanent restrictions as to its utilization for the creation of year-round housing inventory. We are also adamant that all such development should only be considered after a thorough review of the impact on existing homeowners, public spaces and traffic flows. Any approved development should also include investments to address a sensitivity to density, environmental matters and community aesthetics. Thank you, The Board of the Walsh Park Benevolent Corporation WALSH PARK BENEVOLENT CORPORATION P.O. BOX 684 FISHERS ISLAND, NY 06390 WWW.WALSHPARK.ORG Norklun, Stacey From:Neville, Elizabeth Sent:Monday, March 04, 2019 11:44 AM To:Norklun, Stacey Subject:FW: \[SPAM\] - Fishers Island Briar Patch Zoning Please add to file in LF From: Denise Fohlmeister \[mailto:defohlmeister@mac.com\] Sent: Friday, March 01, 2019 1:03 PM To: Neville, Elizabeth Subject: \[SPAM\] - Fishers Island Briar Patch Zoning Town Clerk of Southold regarding the Fishers Island Utility Company’s (FIUC) request to change the “Briar Patch's” zoning from an R-80 to HD (Hamlet Density). 3/1/2019 To whom it may concern: My name is Denise Edwards-Fohlmeister, who, along with Deborah Edwards, owns Sonny’s Place on the corner of Central and Crescent Avenues, kitty corner from the baseball field and across the street from the Briar Patch. We would be one of the nearest neighbors. We are opposed to this re-zoning. Despite my efforts, a number of years ago, asking the Utility Company to address issues concerning the upkeep of our neighboring house and the numerous company trucks in the backyard, nothing happened. They did not bother to even answer the letter. We eventually planted a row of trees to block out their unsightly backyard. It is doubtful they would bother to care for the upkeep of a future apartment/townhouse complex in any better manner than they do the numerous existing properties they already own today. (Witness the “abandoned” property across from Dock Beach). Should the apartment complex be built, would it only be for employees of the utility company? Another point of concern would be the historical and archeological importance of the existing area. There was a lecture a number of years ago about this topic at the community center on Fishers Island. It seems the original early inhabitants first lived in this part of the island. Has this topic been addressed? 1 When the zoning laws are relaxed to allow more properties being built on less land, you open the door to more development that will start a process that cannot be reversed and, in my opinion, will eventually change the character of Fishers Island with far reaching consequences for the future. Many thanks for your attention, Your sincerely, Denise Edwards-Fohlmeister 2 Norklun, Stacey From:Neville, Elizabeth Sent:Monday, March 04, 2019 11:38 AM To:Norklun, Stacey Subject:FW: \[SPAM\] - Briar Patch Rezoning Please add to file in LF -----Original Message----- From: Jim \[mailto:bakerj428@gmail.com\] Sent: Saturday, March 02, 2019 9:28 AM To: Neville, Elizabeth Cc: Jim Subject: \[SPAM\] - Briar Patch Rezoning Dear Elizabeth Neville, My name is Jim Baker, and I was raised on Fishers Island and I am currently a board member of the Fishers Island Utility Company. The year round community is one of the most important aspects of Fishers Island and the need for affordable housing is a huge understatement. When I lived and went to school on Fishers Island in the 70’s, the year round population was in the 500+ range with over 100 students in the local school system. The population has been more than cut in half and the school can not sustain itself without having students commute on the ferry every day from the Connecticut shoreline. There is rarely and perfect location for multi unit housing anywhere, but the Utility company,(where my dad worked for over 40 years) must have people living and working on Fishers Island in order to provide proper service to the island. The Utility Company was very generous when it provided a plot of land(next to Briar Patch) for the current medical facility on the island and no doubt this facility has been incredible to the island community. As a board member of the Fishers Island Utility Company, I will assure you and the island community that we will do everything possible to address the concerns brought up in the letters to you and the town.(all very good concerns and thoughts) This zoning request is not just a need of the Fishers Island Utility Co. but a need for the entire Fishers Island Community. Thanks for your consideration and we will all work together to ensure this housing is a benefit to all, including those people living in close proximity to this property. Thank you Jim Baker Utility Board Member, Island Property Owner and 60+ years of Fishers Island being part of my life 1 Norklun, Stacey From:Neville, Elizabeth Sent:Monday, March 04, 2019 11:38 AM To:Norklun, Stacey Subject:FW: \[SPAM\] - Fishers Island: Resolution 2018-1078 Please add to file in LF From: Jim Rutherfurd \[mailto:jprutherfurd@gmail.com\] Sent: Saturday, March 02, 2019 12:50 PM To: Neville, Elizabeth Subject: \[SPAM\] - Fishers Island: Resolution 2018-1078 I understand that by unanimously adopting Resolution 2018-1078, the Southold Town Board has begun the process to determine whether or not to grant a change of zone designation, in the property commonly known on Island as the Briar Patch and formally identified as SCTM #1000-6-6-20.8 from R-80 (Residential) to HD (Hamlet Density) I Strongly support the change to Hamlet Density. I am a property owner on Fishers Island. My property is located at 850 Clay Point Road on Fishers Island. Before owning this property and building a house there, my family owned a house approximately 200 - 300 yards from the "Briar Patch" property. I know the property and the surrounding area well. I firmly believe that having a multiple occupancy dwelling there will not be a material change in the character of the neighborhood and in no way would cause disturbance to the neighbors. More importantly the ability to change the designation will allow for much needed housing for utility workers, who presence on the Island is essential for the safety and the well being of all of the Island residents. Regards, James Rutherfurd (917) 328-9464 1 March 1, 2019 Ms. Elizabeth Neville Town Clerk and Registrar of Vital Statistics 53095 Route 25 PO Box 1179 Southold, NY 11971 Via: Email ...iiIIII, ,C�' tows .souIV�OII RE: Fishers Island Utility Company's Request for Rezoning the 'Briar patch'. Dear Ms. Neville- As a lifelong seasonal resident of Fishers Island, a neighbor to the Briar Patch parcel in question, and a former member of the board of the Fishers Island Conservancy (httas://ficonservancy,org), I am writing to express my concerns regarding the Fishers Island Utility Company's (www.fiuc.net ) request to re zone the Briar Patch from R-80 (residential)to HD (Hamlet Density). What makes Fishers Island so special is the amount of open, undeveloped space in the heart of one of the most intensely populated and developed corners of the country-the 1-95" corridor between Washington, D.C. and Boston. Despite the relatively close proximity to major metropolitan centers such as New York, New Haven, and Boston, Fishers has become a critical stop for migrating birds, a habitat for rarely seen/elusive animals such as the River Otter, home to one of the largest native grassland restoration projects in the northeast, and one of the few locations in Long Island Sound with thriving seagrass meadows. The health of the Fishers Island environment has positive impacts far beyond its shores, and it is critical we do what we can to preserve and enhance the island's role as a sanctuary. I am a landscape architect by profession. I am a LEED certified designer(Leadership in Energy and Environmental Design), which is a designation of the U.S. Green Building Council (www.USGBC.org )to identify a designer's proficiency in 'green', or environmentally sensitive, projects. One of the important lessons LEED designers learn is that greenfield development-development on undeveloped or agricultural land-is the least environmentally sensitive and least desirable type of development. Undeveloped land is a finite resource, and once a greenfield site is built upon, its role within the surrounding environment changes- negatively-forever. Rather, adaptive re use and renovation projects are much more sustainable and, I believe, a better fit for our small island community. Though there has been little information made available to the community by the FIUC, it is my understanding they intend to develop the Briar Patch as a lower cost housing option for their employees. I am very aware of the need, as I know others are,too; organizations such as Wash Park Benevolent Corporation (www,walshpark,or� )have been working to provide affordable housing to island residents for the last 30 years. I support Walsh Park because theirs is the business of providing housing for year-round Island residents. But the business of the FIUC is providing water,telephone, and power service for the island, and the skeptic in me has little confidence that they should be undertaking the re zoning and development of a highly visible and highly central former agricultural site for development to Hamlet Density. I do not oppose all development. I know there are times when greenfield development is unavoidable. But before this particular greenfield site is re zoned for higher density development, I would like to be assured that the FIUC has undergone a thorough due diligence process to understand A)the environmental impact of their request, B)the aesthetic impact of Hamlet Density within a residential zone on a site that has been open space for the community for a generation, at least, and C) how their need for affordable employee housing may align with the same need of other island organizations and businesses, and if, within this small community, we might mount a more coordinated and unified approach to seeking a solution, especially a solution that may involve redevelopment/renovation of one of the empty and abandoned buildings that exist in the Fort area. If FIUC is allowed to re zone this greenfield parcel, a precedent is set to allow other stakeholders seeking affordable housing to do the same, and soon the residential fabric of the community is altered and, as importantly,the natural environment is affected permanently. Thank you for your consideration and your efforts to solicit input before moving forward. Regards, Gerrit Goss Opposition Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, February 26, 2019 2:30 PM To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: 'Martin Finnegan' Subject: FW: (SPAM -Zoning change hea_ring on Fishers Island FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1 179 Southold,NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 Cell 631 466-6064 From: Genie McPherson Trevor fmailto:aeniemc_p amail.corn Sent: Monday, February 25, 2019 11:09 AM. To: Neville, Elizabeth Subject: [SPAM] - Zoning change hearing on Fishers Island Dear Ms.Neville, I am writing to let you know of my concerns over the rezoning of the"Briar Patch property on Fishers Island SCTM#1000-6-6- 20.8 from R-80(Residential)to HD(Hamlet Density). The Fishers Island Utility Company is seeking the change to build _ housing for,its working staff. While I am very cognizant of the need for affordable housing on Fishers Island, I also know that there are other existing properties on the island that could be renovated,rather than seeking out a zoning change in a high traffic recreational area across from the island's popular baseball diamond that is also environmentally sensitive(a wetland abuts the property)in order to build a multiple family dwelling.Furthermore,the Utility Company is not in the business of housing development and I am concerned that they will not properly maintain the property in this high visibility area on the island. The false promises made"by'the Utility Company in regards to the installation of a diesel generator less than a half mile from this area where they are seeking a zoning change gives me more reason to be concerned. With an agreement with the Groton Utility Co,the Fishers Island Utility Co. installed the large'capacity and noisy and smelly diesel gas generator adjacent to another island recreation spot,Dock Beach. When the generator was installed the neighborhood property owners, of which I am one, were promised that tree plantings would be put in, and that the generator wouldn't be noticed for its-noise and it would not impact the neighborhood.None of these promised were kept. In,addition, it is highly concerning tome that the Utility Company- now has its sights set on building additional housing when they already own existing housing in the neighborhood that appears poorly maintained.And to,close, it seems to me the FI Utility Company, should be working more closely with the island group, The Walsh Park Benevolent Corporation,whose business it is to develop and maintain affordable housing on the island,rather than get into the business of housing development themselves. Thank you for your consideration. Genie McPherson Trevor 1 Genie McPherson Trevor 401.465.6239 _ geniemcpAgmail.com 2 Opposition Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, February 26, 2019 2:21 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle;William Ruland Cc: Finnegan, Martin Subject: FW: Briar Patch Re-Zoning - Fishers Island NY, Attachments: JDoyle letter to Southold -pdf 2262019.pdf FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631 765-1800; Ext 228 Fax 631 765-6145 Cell 631 466-6064 FYI F,xg�• ;�Ssj�� rlh rin�lP�mailtn•�essid�41P(a�np,ail.com� Sent: Tuesday, February 26, 2019 10:50 AM To: Neville, Elizabeth Cc: 3 DB DOYLE Subject: Briar Patch Re-Zoning - Fishers Island NY Dear Ms. E. Neville, Hello, hoping this email finds you well. Please find herewith my letter to the Town regarding the Fishers Island Utility Company's request to have the lot re-zoned. Please let me know if you can open the PDF file or if you would prefer a different file format. Perhaps you need the letter in the body of the email? I know that sometimes attachments can be tricky. I will attend the hearing a little_later today. Thank you for your time and help in this matter. My very best wishes, i Jessica Doyle jessica d.b. doyle m 1.718.838.0259 14 6 washington ave. brookIyn,ny 11205 2 Opposition Neville, Elizabeth From: jessica db doyle <jessidoyle@gmail.com> Sent: Tuesday, February 26, 2019 10:50 AM To: Neville, Elizabeth Cc: J DB DOYLE Subject: Briar Patch Re-Zoning - Fishers Island NY _ Attachments: JDoyle letter to Southold -pdf 2262019.pdf Dear Ms. E.Neville, Hello, hoping this email finds you well. Please find herewith my letter to the Town regarding the Fishers Island Utility Company's request to have the lot re-zoned. Please let me know if you can open the PDF file or if you would prefer a different file format. Perhaps you need the letter in the body of the email? I know that sometimes attachments can be tricky. I will attend the hearing a little later today. Thank you for your time and help in this matter. My very best wishes, Jessica Doyle jessica d.b.doyle - m 1.718.838.0259 14 6 washington ave. brooklyn,ny11205 1 RECEIVE® FE8 2 ,6 2019 Feb 25th 2019 Southold rowntferk To the Town Clerk of Southold regarding the Fishers Island Utility Company's (FIUC) request to change the "Briar Patch's" zoning from an R-80 to HD (Hamlet Density). My name is Jessica Doyle. I am president of an organization called Island People's Project (IPP). IPP is an organization devoted to Fishers Island's year-round population and summer residents. IPP sponsors community events throughout the year, such as the July 4th Fife and Drum Parade and provides the Island's only summer day program that is open to both full-time residents, and summer people. All year-round children attend camp for free through IPP's scholarship program. In addition, IPP manages, cares for and provides a lifeguard for- Dock Beach, the island's public harbor-beach. Additionally, IPP owns Fishers Island's baseball field, which is located next to the Briar Patch. As president of IPP I have broad concerns with the Fishers Island Utility Company's (FIUC) request to re-zone the Briar Patch property. While I'agree with FIUC's idea that more housing is needed to encourage full-time residents to live on the island, the Briar Patch, comprised of 1 .28 acres, is a small plot of land located at the busiest intersection on the west end of the Island. Though portions of the .Briar Patch have been utilized over time for farming, the land's use hasn't been conducted. in an intense manner. It has remained untouched by development for thousands of years. In an effort to increase the year-round population, Fishers Island worked closely with Yale. University to establish the best way to encourage people to move to the Island. This in- depth study urges preserving the Islands' natural habitat as a key factor to protecting the uniqueness of Fishers. 1 Please see a copy of the study here: YALE , https://udw.architecture.yal_e.edu/sites/default/files/files/Sustaining_%2OFishers%201 stand%20Final.pdf My concern with the zone change is that it opens the door for over-development of a small parcel that lies adjacent to significant freshwater wetlands. Has a NY State environmental study been done on the potential impact of intensified use of = the land? Additionally, what would that use do to the nearby natural habitat? With this type of development, has it been weighed against the natural the capacity of the land, with respect to fresh water wetlands, significant natural communities,-.plus soil suitability? "From 'the botanical standpoint, the island presents a considerable diversity of habitats. A total of nearly 700 plant species have been identified... wetlands are diverse, there are also at present 30 rare' plants in the inventory."(P.15) Read the scientific report here Funk, Robert E. and Pfeiffer, John E. (1993) "Prehistoric Adaptations on Fishers Island, New York: Progress Report," Northeast Historical Archaeology: Vol. 22 22, Article 3. ht_tps://orb.binghamton.edu/cqi/viewcontent.cgi?article=l 197&context=neha Located on the north side of the Briar Patch property, there's the presence of NY State freshwater wetlands that connect with a large freshwater swamp a little further to the east, plus a small freshwater kettle pond just north., Adjacent to the freshwater wetland is an important tree canopy that hosts significant natural communities. The property's canopy is a foraging site for a number of bat species. The loss, of tree canopy next to open wetlands has the potential to impact NY State's rare plants and animals, including the roosting habitat of these protected species. Furthermore, "...the'development of private summer homes has been rapid and extensive. The effects on native fauna, - flora, and cultural resources have been considerable."(P.16) https://orb.binghamton.edu/cgilviewcontent cgi?article=1197&context=neha . 2 If FIUC builds a two family dwelling on this small parcel of land, residents will need parking. Potentially an impermeable parking lot will be created. The surrounding natural habitats risk being disturbed from storm water run off. Which type of parking surface is planned? Fishers Island does not have an Island-wide sewer system; all Fishers Islanders' wastewater deposits into their respective septic tank. The proposed re-zoning would intensify the nutrient loading from onsite wastewater disposal systems. Where does the water run off go? The Briar Patch sits directly opposite the baseball field where Islanders come to play games, engage in sports activities, and host large Island-wide gatherings. Adding a residence next to this public area would increase traffic and has the potential risk of injury to the residents. Would IPP be liable for any injury, noise complaints or property damage? Its location is at a main intersection of Fishers Island's west end. To the north is the Island's only supermarket. Any time a person needs to buy milk they pass this intersection. Just off to the east is the yacht club marina where year-round and summer residents go every day for water activities. The majority of visitors coming to Fishers via boat dock at the yacht club marina and walk to town via this intersection. The baseball field is used in the case of medical emergencies and serves as a medevac helicopter-landing pad. Additional traffic could impede ambulance access to the doctor's office and/or the Island's Sea Stretcher boat ambulance. To the west of the property is one of the tallest hills on the island. The hillside's fresh water run-off eventually connects to the wetland located on the northeast side of the property. Rainwater run off travels through the Briar Patch's wetland and makes its way slightly north to the nearby freshwater kettle pond and swamp located on Madeline Ave. The Madeline Avenue swamp host's significant fauna and animal 3 communities, the potential are there to be negatively impacted. Changing the Briar Patch's zoning has potential to alter the community's character. Historically, the community strives to protect its open landscape to allow for natural species to prosper. For example, the Barred Owl, "None were documented over the 40 years since [1943] until, in 1983, a nest was found on a part of Suffolk County: Fishers Island. Although only four square miles in size, and fragmented by development, it apparently has enough mature forest and a suitable mix of wetlands in a protected greenbelt to support a nesting pair." From 27east: http://www.27east_com/news/article.ofm/East-End/581402/The=Barred=Owl. Yale's research finds, "There are threats to Fishers' way of life. Adverse, unplanned development on the Island could significantly and irreversibly change the character and scale of the place." Yale's study also addresses the need to lower the cost of utilities, however FIUC's building plans require Fishers Island residents to subsidize the costs of building the dwelling including its upkeep. Raising the utility rates of customers so construction may commence', is contrary to Yale's recommendations. To encourage more fulltime residents to live on Fishers, Yale suggests "Assist home owners and business owners to reduce their energy bills by improving energy efficiency. Coordinate access to New York State energy efficiency improvement programs, including technical support, home energy assessments and grants and low interest loans. Make electric rates for year-round residents competitive with nearby Connecticut towns. Consider reducing current year-round rates by 20%." 4 Instead of building housing a on a small parcel of land, Yale recommends: "Support the Fishers Island Utility Company's efforts to develop complete GIS mapping of the Island's utilities to better understand the condition of and manage the Island's water, electric, and telecom distribution infrastructure." It's important to ask, what utility company do you know of that builds houses? When does a utility company shift from focusing on the health of electrical lines, water supply pipes, and telephone services to endeavor building houses? Fishers Island has an organization, called Walsh Park, whose sole mission is to create, build, and establish housing for fulltime residents. Perhaps FIUC could work with Walsh Park to create more housing? Presently, FIUC has 8 fulltime Fishers Island resident employees. Does FIUC have a list of future employees that it intends to house in this 2-family dwelling? Additionally, FIUC owns a house just up the road, to the east of the Briar Patch; potentially this property could house future employees? As opposed to modifying the natural habitat's land and altering the community's character, FIUC could focus its efforts on underutilized properties rather than an intensification of use of the Briar Patch. Please let's slow this process down, take a good look at the environmentally responsible options while taking into account the finding of the Yale study with an eye towards the future. The Utility Company's leaders will come and go, but this zone change will leave a lasting impact on the island and the community. As an aside, it is disappointing that in 2019 not one woman is a member of FIUC's Board of Directors. 5 I ask of you, the Town of Southold, to please hold-off granting FIUC's request to re-zone the Briar Patch, while alternatives are explored. Thank you, Sincerely Yours, Jessica Doyle President of Island People's Project Email: ipppresident@gmail.com_ FIUC's current Board of Directors: Michael Laughlin, Chairman, James Baker, Stephen Cook, Tom DuPont, Malcolm McAllister, Geddes Parsons, Chiffro Sanger, Tom Siebens, John Spofford http://fishersisland.net/southold-considers-zone-change-to-hamlet-density-for-briar- patch-property/ People may write comments to be included in the public hearing. Comments should be mailed or emailed to Elizabeth Neville, Town Clerk for inclusion in the public record. Her address is Southold Town Hall, 53095 Main Road, PC Box 1179, Southold, New York 11971 . Her email is e.neville@town.southold.ny.us. 6 Support Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, February 26, 2019 2:17 PM To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: 'Martin Finnegan' Subject: FW: [SPAM] -Zoning Change on Fishers Island FYI Elizabeth A.Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer. FOIL.Officer Marriage Officer PO Box 1 179 Southold.NY 11971 Tel. 631 765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Louisa Evans Sent: Tuesday, February 26, 2019 12:36 PM To: Neville, Elizabeth Subject: Fwd: [SPAM] - Zoning Change on Fishers Island For tonight's public hearing. Sent from my iPad Begin forwarded message: Frnm•")Ybitma Candace aluml''Candace.whitman2alum.12tsem.edu> Date: February 26, 2019 at 12:14:36 PM EST To: Louisa Evans <Igevans06390 a gmail.com>, Roadrunner<tomwendy(a�,roadrunner.com> Cc: "tomwend a,adelphia.net" <tomwendya,adelphia.net> Subject: RE: [SPAM] - Zoning Change on Fishers Island Dear Louisa, I don't know how much time there is today, but if you can submit this letter for me I would be grateful. Unless you see something really off in it-- My main question is whether the application has been made public because I am making these comments without having seen anything in writing. I don't know if there is time to get the entire ICS's endorsement, so best if this is just from me. Thanks. 1 Dear , Re: Zoning change on Fishers Island . r I am writing in support of the application of the Fishers Island Utility Company for a zoning change on the lot known locally as the "Briar Patch." By way of background, I serve on the Island Community Board, and as a year-round representative I am keenly interested in maintaining Island unity as we solve community issues. With the proposal of the Utility Company I have learned that members of the community will-miss having this attractive, open space in a central location. However, I stand in favor of their application given the Utility Company's urgent need for multiple-dwelling units for future on-island employees in order to ensure coverage in the event of an emergency. I request that with the zoning change approval there is put in a place a firm understanding about the need for the Utility Company to fully engage the opinion of the community of Fishers Island, including full discussion with the Island Community Board, as decisions are made for the development of the lot. Given prior comments by the Utility Company it seems a collaborative appr,"oach is their intention. Specifically, areas for community buy-in include 1.The way the Utility,Company funds the construction of the building 2.The design, placement and maintenance of the structure 3. Close consideration of environmental issues as the land is developed 4. A plan for the'use of this multi-dwelling structure on the off chance there comes a time when it does not house Utility employees 5. Selection of the lots owned by the Utility Company that are next slated for development As this project is potentially divisive for our Island, agreement around the above issues would help quell opposition and help establish good will between the Utility Company, our community, and other other interested parties. I strongly urge you,to approve the application with teh condition that the Utility Company implement decisions that have broad agreement to ensure the best result for our Island and all involved. I appreciate your consideration of this letter. Sincerely, Rev. Candace Whitman Fishers Island Union Chapel Rev.Candace Whitman Fishers Island Union Chapel(UCC) www fiunionchapel.org P 0 Box 192 821 Crescent Avenue Fishers Island,NY 06390 Office: (631)788-7898 Parsonage:(631)788-7029 Cell:(203)293-5470 2 Opposition Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, February 25, 2019 10:40 AM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey; Born, Sabrina; Smith,Jennifer Subject: FW: [SPAM] -Zoning Change on Fishers Island FYI Elizabeth A.Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Boa 1 179 Southold,NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Deborah Edwards [ma iIto:deborahledwards@gmail.com] Sent: Sunday, February 24, 2019 1:17 PM To: Neville, Elizabeth Cc: Denise + Klaus Fohlmeister; James Reid; Bethcashel@gmail.com; jessidoyleeabgmail.com; Chris + Trudi Edwards,_ Subject: [SPAM] - Zoning Change on Fishers Island I'm Debbie Edwards and my sister, Denise Fohlmeister, and I own Sonny's Place on the corner on Crescent and Central. As we cannot make the meeting on Tuesday, we would like to express our objection to the zoning change proposed by FIUC for the Briar Patch on Fishers Island. While we understand the need for affordable housing on the Island, based on our experience with the FIUC properties owned next door to us and across from Dock Beach,they are not the best of neighbors and we believe affect our property values are affected due to their neglect and broken promises. What we don't need is another poorly maintained junkyard in the neighborhood. Given this and the fact that the Briar Patch is home to several species of wildlife and the fact that they have property that is available for reuse or redevelopment, we oppose the zoning change. We support our neighbors and other interested parties in finding a better solution. Debbie Edwards deborahledwards[at]gmail com 520-529-7461(home) 312 371-8140(cell) 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, February 25, 2019 10:40 AM To: Doherty,Jill;-Doroski, Bonnie;,Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey; Born, Sabrina; Smith, Jennifer Subject: FW: [SPAM] -Zoning Change on Fishers Island FYI Elizabeth'A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage:Officer PO Box 1 179 Southold,NY 11971 Tel.631 765-1800,Ext.228 Fax 631 765-6145 Cell 631-466-6064 From: Deborah Edwards [mailto•deborahledwards@gmail.com] Sent: Sunday, February 24, 2019 1:17 PM To: Neville, Elizabeth Cc: Denise + Klaus Fohlmeister; James,Reid; Bethcashel@gmail.com; iessidoyle a gmail.com; Chris + Trudi Edwards Subject: [SPAM] - Zoning Change on Fishers Island I'm Debbie Edwards and my sister, Denise Fohlmeister, and I own Sonny's Place on the cornet on Crescent and Central. As we cannot make the meeting on Tuesday; we would like to express our objection to the zoning change proposed by FIUC for the Briar Patch on Fishers Island. While we understand the need for affordable housing on the Island, based on our experience with the FIUC properties owned next door to us and across from Dock Beach;they are not the best of neighbors and we believe affect our property values are affected due to their neglect and broken promises. What we don't need is another poorly maintained junkyard in the neighborhood. Given this and the fact that the Briar Patch is home to several species of wildlife and the fact that they have property that is available for reuse or redevelopment, we oppose the zoning change. We support our neighbors and other interested parties in finding a better solution. Debbie Edwards deborahledwards[at]gmail com 520-529-7461(home) 312 371-8140(cell) 1 DECEIVE® a JAN 6 2019 Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold 'Town Clerk Department of Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner Division i Planning �- and Environment December 27, 2018 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Resolution 2018-1078 Local Law to amend Zoning Map Of the Town of Southold S.C.P.D. File No.: SD-18-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andrew P. Frel g Chief Planner APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 c S�FFot,� ELIZABETH A.NEVILLE,MMC O� C� Town Hall,53095 Main Road TOWN CLERK �� y� P.O.Box 1179 Southold,New York 11971 Cos REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,j. ��. Telephone(631),765-1800 RECORDS MANAGEMENT OFFICER 0,( , �`� www.southoldtowmy.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 2018 Re: Resolution No.2018-1078"A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-6-6-20.8,a parcel of property located at corner of Central and Crescent Avenues, Fishers Island, New York from R-80 (Residential)to HD (Hamlet Density) Andrew P. Freeling, Chief Planner Suffolk County'Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on December 18,2018 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 4:31 P.M.,Tuesday, February 26, 2018. Please do not hesitate to contact my office if you have any questions. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc:Town Board Town Attorney OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �V so P.O. Box 1179 54375 State Route 25 ®� ®�® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY Telephone: 631765-1938 www.southoldtowuny.gov COUlm,�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Town Supervisor Members of the Town Board RECEIVED cc: Elizabeth A. Neville, Town Clerk William Duffy, Town Attorney FEB 5 2018 From: Donald J. Wilcenski, Chairman a Southold Town Clerk Members of the Planning Board Date: February 15, 2018 Re: Proposed Change of Zone for Fishers Island Utility Co. S.C.T.M.# 1000-6.-6-20.8, aka "Briar Patch", located at the intersection of Central and Crescent Avenue, Fishers Island Enclosed please find the Planning Board's report regarding the change of zone proposed for the parcel referenced above. Southold Town Planning Planning Report Change of Zone Request: Fishers Island Utility Company Briar Patch property 1-26-2018 Planning Report: Fishers Island Utility Company Change of Zone Request Introduction The Fishers Island Utility Company(FIUC)provides the electric, water and telephone utilities to Fishers Island residents. Providing continuous service,particularly during emergency situations, requires employees to be available in all weather conditions. Employees that do not live on the island face challenges travelling to the island due to its geographic isolation. The only transportation connections are by air or water. The ferry service is limited in that it makes as few as four runs a day, and during heavy weather it may be shut down. To be most effective and able to respond to emergencies, employees must live on the island. Housing for FIUC employees,however,has become scarce. The high demand for second homes has raised the prices far beyond what FIUC employees can afford, and year-round rentals are not readily available. While a similar situation is occurring throughout Southold Town, Fishers Island is experiencing it much more acutely. The 2010 Census showed over 80% of the homes on the island are seasonal second homes,while for the overall Town that percentage was 37%. There are ongoing efforts on the island to create year-round affordable housing. The Walsh Park Benevolent Corporation has been working to provide year-round homes to island families for many years. They maintain 27 housing units, some rentals, some owner-occupied. The FIUC reports that although the Walsh Park Benevolent Corporation does house one FI JC employee, it does not house single males(they only allow families), and it currently has no available housing. To ensure that there are FIUC employees available at all hours and in all weather conditions,the FIUC is proposing to build their own employee housing. Although they have expressed interest in building on several different parcels,the focus of this report is on their property known as the Briar Patch(Figure 1). They are requesting a change of zone from Residential-80 to Hamlet Density to increase the number of residential dwellings permitted on this parcel from one to two. Briar Patch Parcel Statistics • S.C.T.M. 1000-6.-6-20.8 • 1.28 acres (including 0.5 acres wetlands and an unknown area of right of way) • Current zoning: Residential-80 (R-80) • Proposed zoning: Hamlet Density Residential (HD) • Proposed construction: 2-family dwelling o Each unit is proposed with a separate driveway and garage o All setbacks are proposed to be met, including 100' from the wetlands Zoning and Land Use Analysis Most of the land on Fishers Island is zoned residential, with the eastern two-thirds zoned Residential-120. The west end contains mainly R-80, and with some R-40, a large block of R- 400 (town-owned lands around the airport and parade grounds), and a few scattered commercial zones. The parcel proposed to be re-zoned is located on the west end of the island. It is surrounded on three sides by R-80 zoning. On the eastern side is R-40 zoning(Figure 2). The parcel 1 Planning Report: Fishers Island Utility Company Change of Zone Request immediately adjacent to the west is used as a doctor's office, and contains a two story house with examination rooms and administrative offices on the ground floor, an apartment for visiting doctors on the second floor and parking lots on the side and back. To the north is a vacant lot,to which the wetlands on the subject parcel act as a buffer. To the east the subject parcel is bordered by Crescent Avenue and, across that street,two lots with single family homes (one 1- acre lot, and one %-acre lot). The parcel is bordered to the south by Central Avenue and, across that street, a recreation area with the island's ball field. The FIUC owns a large parcel across the street to the southeast that is currently vacant and is zoned R-80. The average size of parcels within 1,500 feet of the subject property is 1 acre. See attached map showing parcel sizes,with the smallest being only about a 1/20th of an acre and the largest being about 7.5 acres (Figure 3). The uses in the immediate area include mostly residential with some commercial and other uses mixed in. These include a marina, an American Legion, a boat storage yard,the supermarket, a landscaping business contractor's yard, Fishers Island Yacht Club, a gasoline service station, a real estate office, and the small hamlet center including retail uses,the fire station, and offices for the utility company. Under the current R-80 zoning this property is considered pre-existing and non-conforming in terms of lot area. The minimum lot area in the R-80 zoning district is 80,000 sq. ft., where the subject parcel is 55,757 sq. ft. A two-family dwelling under the current zoning requires a Special Exception approval by the Zoning Board of Appeals, and a minimum lot size of 160,000 sq. ft. The FIUC has requested that the property be re-zoned to the Hamlet Density(HD) zoning district where a two-family dwelling is a permitted use. The minimum lot size for a two-family dwelling where public water is available is 40,000 sq. ft., and the subject parcel, at 55,757 sq. ft. would meet that requirement. Further a single two-family dwelling is not required to obtain site plan approval from the Planning Board. The minimum lot size could be further reduced to 20,000 sq. ft. if community sewer were available. This would appear to permit up two two-family dwellings on the subject parcel, however more than one two-family dwelling requires a residential site plan. The residential site plan regulations in Town Code trigger review of the yield relative to buildable lands, and the wetland and right of way areas would be required to be deducted from buildable lands. This would result in not enough buildable lands to support two two-family dwellings, and so even with community sewer,the parcel would likely yield only one two-family dwelling. The HD zoning district is not common in Southold Town. It occurs on parcels in various locations both on Fishers Island and mainland Southold. On Fishers Island, there are fifteen parcels zoned HD, fourteen of which are clustered together on Whistler Avenue, and one located on Montauk Ave. All but one parcel are small,ranging in size 7,000 sq. ft. to 31,000 sq. ft. The largest is 3.8 acres,however only 1 acre of that is zoned HD. The other 2.8 acres is zoned R-40. Some of the HD zoned parcels contain multiple dwellings, while others contain single family homes. The cluster of parcels on Whistler Avenue are located next to R-40 zoning, as well as R- 400 and Marine II. The small HD parcel on Montauk Ave is surrounded on three sides by R-40 zoning, and one side by,the General Business zoning district. 2 Planning Report: Fishers Island Utility Company Change of Zone Request The Town Code restricts the location of the Hamlet Density zoning district by petition to locations that do not include Fishers Island. It appears, however,that the code does permit the Town Board wider discretion when the zone change is done upon its own motion. §280-21 Applicability The Hamlet Density (HD)Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within 1/2 mile of a Hamlet Business (HB)District of Mattituck, Cutchogue and Southold Hamlet and within 1/4 mile of the Hamlet Business (HB) District of Orient and within 1/2 mile of the boundary of the Village of Greenport. The purpose of the HD zoning district as written in Southold Town Code is as follows: §280-20 Purpose. The purpose of the Hamlet Density (HD) Residential District is to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers,particularly Mattituck Cutchogue, Southold, Orient and the Village of Greenport. The subject property generally meets the purpose by its location within 1/4 mile of the hamlet center of Fishers Island, and 1/4 mile from the only grocery store on the island. Also, the proposed development of a two-family home meets the purpose by adding diversity to the mix of housing types, which are mostly single family homes. The overall density of Fishers Island's residential development is 0.25 dwelling units per acre (or one unit every four acres). The addition of a two-family home to the subject parcel would equal a density of 1.6 units per acre. While this is higher than the average density of the entire island, it is somewhat representative of the density on the west end of the island. If examined separately from the rest of the island and excluding large areas of open space such as the parade grounds and the golf course,the density of the west end is approximately 1 dwelling unit per acre. In addition, there are pockets of much higher density with houses on 1/2 acre or less. The result of this proposed change of zone from R-80 to Hamlet Density will be one additional dwelling unit. The subject parcel is situated so that there would be no impacts to public view- sheds, or interference with views of the water. There is only one residential neighbor that is immediately adjacent to the area of the parcel that would be developed. The proposed development of one 2-family house would be a permitted use in the HD zone and would not require a site plan or subdivision. Potential adverse impacts to the environment as a result of this potential zone change initially appear to be small, especially if mitigation is provided to lessen or prevent groundwater pollution by wastewater. One way to mitigate impacts would be to require the use of an innovative alternative on-site wastewater treatment system that reduces nitrogen inputs to groundwater. These systems are now able to be approved as-of-right by the Suffolk County Department of Health Services under their Article 19. These systems have been proven to reduce the nitrogen 3 Planning Report: Fishers Island Utility Company Change of Zone Request inputs to groundwater by at least half that of traditional septic systems. Further mitigation would be provided by locating the house well outside the 100-foot setback from freshwater wetlands on the property,though this will need further review by regulating agencies (see attached wetland map Figure 4). The compatibility with surrounding uses and zoning,however, is not reason enough to consider a zone change for this parcel. The expected result of year-round housing and its overall benefit to the community is the compelling reason for the Town Board to consider this zone change. The island is losing year-round residents. It is the year-round residents that provide the fabric of the community. The fire department,the school, and the local businesses all depend on year-round residents to exist. Any consideration for granting this zone change should include a perpetual condition that the occupancy be for year-round residents for whom this is their primary residence. To grant this zone change without any restriction is not recommended because there is no guarantee that it will be used for year-round residents should circumstances change for the utility company. Conclusion The Planning Board recommends this parcel for an increase in density to provide year-round housing based on the following factors from the analysis above: 1. the small size of the parcel,which limits residential density to only one more dwelling unit; 2. the location near the hamlet center; 3. development of the parcel will not impede views from public vantage points of scenic resources (generally the scenic resources in this area would be views of the water); 4. the ability to mitigate environmental impacts to groundwater by choosing improved wastewater treatment, and to wetlands by providing a substantial buffer(>100'); 5. the need for the FIUC to house employees on the island, especially for emergency situations; and 6. the need for year-round housing on Fishers Island. If the Town Board agrees to increase the density of this parcel by changing the zone to the Hamlet Density district,the Planning Board strongly recommends a restriction that guarantees the underlying purpose of the zone change,to provide year-round housing, is required via a perpetual covenant. In light of recent changes in the Town Code to the Affordable Housing zoning district(AHD), further consideration should be given to the question of whether the Affordable Housing zoning district would be more appropriate than the HD zone. The changes to the Town Code include removing the requirement for a lottery system for rentals, as well as the priority system for residents. The lottery was not a workable system for small rental properties because landlords were not able to choose their tenants. Instead of a lottery,property owners of rentals required to meet the AHD can now choose their tenant from amongst anyone that is income-eligible and is on the Town's registry. This would allow the FIUC to choose their employees as tenants in the FIUC housing, so long as their employees are eligible to be on the Town's list. The main 4 Planning Report: Fishers Island Utility Company Change of Zone Request consideration will be whether the employees the FIUC needs to house meet the income requirements and are eligible to be added to the Town's Registry. If not, then the HD zone may be the only option. Please note,the Fishers Island Utility Company in their memorandum of October 25, 2017, included their 7.5-acre parcel on West Harbor as a possible additional future location for a change of zone from R-80 to HD, as well as other parcels owned by the Fishers Island Development Corporation. This report does not analyze any other parcel on Fishers Island for a zone change. Any future requests to change zoning must be analyzed individually and based upon the unique characteristics of the parcel in question. 5 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company N Change of Zone Briar Patch Briar Patch Parcel Aerial 2013 image 0 125 250 500 Feet • 2 #• sdDt /fie goerdin9house Rd o�P �!. t 'l* U i � ,_t, 1 c4 j+ h M.� -', ��4 -- M�IineMverTS �tvoA,... � Medical ` - P OGAp a 4. '_: , Ce y� .~�. �. .] i•,j Of "9/e Hru4 fit � hq��• �. . ,� �: �, F.I.Yacht Club T . ��'�}• 7l J' 4rj -,a r St "' Harbor Wes[St a 'c5` �� _ to dot` f'•t,yP`� Museum a AIP�geq e •� L 4 A � Figure 1. 6 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company Change of Zone Briar Patch Zoning Map Briar Patch Parcel ZONING AHD - B - HB HD LB Mil R-120 R-40 R-400 R-80 N A 5 n �dr< d•ce 0 500 1;000 2,000 Feet Figure 2. 7 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company Change of Zone Briar Patch 1500'from Briar Patch Parcel N Q Briar Patch Parcel Surrounding Parcel Sizes n acres 0 125 250 5()F N Feet 9 8.2 0 1 43 1.89 0�1 as o� w o 058 393 O � N o 3.89 0 g3 °' e � 27 Ci 2.02 c 21 175 1.93 3.31 � 981 4.3 1.4 yo 04 010 a o- 1.6 1.02 09 000 3.47 1 5 ,9 1.56 QIP1 2 39 09p 1.51 + 2,Lo 1.54 1.08 ti 0.62157* 111 0 Q4 0 J w 2.12 c0 3.04 045 2.04 m 94 roi N �� gs 746 o cn 3.29 a .15 w 3.39 1.69 es ro 2.22 �• � - 1 77 Ao 1.64 d A0 O 0 0 8? O 3.62 O• �,5 '% 1.35 O 2.46 p- 1.96 08,? 99 O 1.5844 v 01 a 29g � Figure 3. 8 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company Change of Zone Briar Patch Wetlands 0 125 250 500 Feet QBriar Patch Parcel Freshwater Wetlands a O' s o� a Madeline N A ec` N Se A G� 4� Figure 4. 9 Neville, Elizabeth From: Neville, Elizabeth 'Sent: Thursday, December 06, 2018 12:48 PM To: Lynne Krauza (Ikrauza@suffolklaw.com) Cc: Martin Finnegan Subject: Emailing: 20181206123857 Attachments: 20181206123857.pdf Attached, please find the receipt for the Change of Zone Application of Fishers Island Utility Company. It has been referred to the Town Attorney and Planning Departments for comments and recommendations and copied to all Town Board members. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: 20181206123857 , Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/04/18 Receipt#: 249994 Quantity Transactions Reference Subtotal 1 Petition 6-6-20.8 $1,000.00 Total Paid: $1,000.00 Notes: Briar Patch Petition Payment Type Amount Paid By CK#1950 $1,000.00 Fishers, Island Utility Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Fishers, Island Utility 161 Oriental Avenue Po Box 604 Fishers Island, NY 06390 Clerk ID: SABRINA Internal Io 6-6-20.8 Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, December 05, 2018 3:00 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Subject: Emailing: C o Z Apl F.i.Utility Co_20181205145318 Attachments: C o Z Apl F.i.Utility Co_20181205145318.pdf Please be advised that a change of zone aopplication has been filed in my office on December 4, 2018 on behalf of the Fishers Island Utility Company. A complete copy of this application is available for viewing on Laserfiche as follows: Town Clerk; Change of Zone; Pending; F.I. Utility Co. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officdr; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: C o Z Apl F.i.Utility Co_20181205145318 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 ELIZABETH A.NEVILLE,MMC O\Og19FE�L,r`,pG Town Hall,53095 Main Road TOWN CLERK ®� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,!► ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '�Ol �`1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William_M. Duffy,Town Attorney Heather Lanza, Planning Director From: Elizabeth A. Neville,Town Clerk Re: Change of Zone Application of Fishers Island Utility Company Date: December 4, 2018 Enclosed is the change of zone application submitted by the applicant's attorney, Martin D. Finnegan, Esq. on December 4, 2018. Please review it and send me your comments and recommendations. Thank you. cc: Supervisor&Town Board Members (copies are available in Laserfiche). NAME OF APPLICATION: FISHERS ISLAND UTILITY COMPANY DATE: 12/4/2018 ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB ❑ ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ Fee of$1,000.00 ($500.00 for AHD) ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days Preceding,filing of petition ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing / • 10 Days Before Hearing Notice Published PJ ❑ ❑ Meet all requirements for submitting zoning actionP ursuant to section 239 L &M of General Municipal Law attached hereto ,•" ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office ❑ ❑ Six (6) maps drawn at the 1"= 100' scale in accordance with attached information sheet. ❑ ❑ Six (6) sketch plan maps at the 1"= 100' scale or the 1"=20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk Date Signature Town Attorney Date Signature Planning Board Date Signature SURVEY&MAP CIIECKLIST The following information must be shown on the survey and map.submitted with.a change of zone petition: 1•. Town Boundary line 2. Village Boundary line 3. State Park 4: County Park ; -5. State Road 6. State Parkway,or Expressway 7. County Road 8. County Parkway 9: County.r)rainage Channel 1.0. State Public Building 11. County Public Building must.submit the following: -Survey Showing: A. Accurate description oftheproperty by metes and bounds: B. Surveyors Seal. Maw•Sho*ins ' A. All.propertyowners within 500 feet of the-boundary of the parcel which is-subject to the zoning action shall be shown. = B.• All existing bUildings'within 200 feet of the boundaFy of the-parcel which is subject to the_ zoning-action"and their currerituse{s)including the'name of the business. C. All street names within 500 feet of the boundary. l'J!: The harnlet•location of the subject property, and the.Suffolk County Tait 144p(SCTM) , Number. E. Zoning:classification of the subject parcel and the surrounding area;(A.copy of the zoning -nap can be substituted,) F. Name•and address of person malting map' G•. Scale' V= 100',or 1"=200' H The name of applicant and;his address. i. ; Where.applicable, a line indicating the boundary of the jurisdiction of the Suffolk County Planrxirig Commission shall.be shown(tliis line shall be 500. feet when measured at right angles to-and parallel with parcel to which zoning action has been considered);. J: A suitable title far purpose's of identifyinglhe application. K. North Point shall be.indieated by an arrow. (Note'if'magnetie or tone) Twomey, Latham, Cefebrating Our 45rhYar MAILING ADDRESS: Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 Riverhead,New York 11901-9398 Attorneys at Law MAIN OFFICE Thomas A Twomey,Jr 33 West Second Street (1945-2014) Infinnegan( suffolkIaw.coIn Riverhead,New York 11901-9398 Stephen B Latham John F.Shea,III Extension 265 Telephone:631.727.2180 Christopher Kelley Direct Fax: (631)574-1258 Facsimile:631.727.1767 David M Dubin o www.suffolklaw.com Jay P.Quartararo t Peter M.Mott Janice L Snead Anne Marie Goodale Bryan C.Van Cott• December 3, 2018 RECENED Kathryn Dalli Laura I.Dunathan Lisa Clare Kombnnk By Hand A Patrick B.Fife DEC i - 4 203 \ Martin D.Finnegan o Reza E i W.Pa Ms. Elizabeth A.Neville, Town Clerk Jeffrey W.Pagano Southold Town Clerk Town of Southold Bryan J Drago Bernadette E.Tuthill P.O. Box 1179 Craig H.Handler Southold,NY 11971-0959 Alexandra Halsey-Storch Melissa S Doris inGnnko Lorraine Paceleo Re: Change of Zone Application for Fishers Island Utility Company Lorra Terrence Russell Premises: Corner of Central and Crescent Avenues, Fishers Island, NY Daniel R Bernard t• Christina M.Noon SCTM#1000-6-6-20.8 OF COUNSEL Kevin M Fox Dear Betty: Kelly E.Kinirons Karen A.Hoeg Patricia J Russell With respect to the above-referenced Application, enclosed lease fmd the Jennifer P Nigro- p pp p 0NY&LABARS following documents for your review: t LLM IN TAXATION NY&NJ BARS o NYNJ&PA BAR NY,.NI&Fi BARS S 1. Original and four(4) copies of the completed and executed Change of Zone Application; 2. Original and four(4) copies of the completed and executed Full Environmental Assessment Form; 3. Original and four(4) copies of the Proof of Mailing and Notice to Adjacent Property Owners; 4. Six(6) copies of the current survey; and 5. Check made payable to the Town of Southold in the amount of$1,000 representing the required filing fee. Kindly advise if you require any further documentation in order to place this matter on your next available Agenda for a public hearing. Thank you for your consideration. OTHER OFFICE LOCATIONS 20 Main Street East Hampton,NY 11937 ery truly 6313241200 51 Hill Street Southampton,NY 11968 631 287 0090 Martin D. egan 490 Wheeler Road MDF/lk Suite Enclosures Hauppaauu ge,NY 11788 631 265.1414 56340 Main Road P.O.Box 325 Southold,NY 11971 631 765 2300 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/04/18 Receipt#: 249994 Quantity Transactions Reference Subtotal 1 Petition 6.-6-20.8 $1,000.00 Total Paid: $1,000.00 Notes: Briar Patch Petition Payment Type Amount Paid By CK#1950 $1,000.00 Fishers, Island Utility Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Fishers, Island Utility 161 Oriental Avenue Po Box 604 Fishers Island, NY 06390 Clerk ID: SABRINA Internal ID 6.-6-20.8 RECEIVED DEC - 42018 ; Southold Town Clerk REQ UEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Briar Patch Change of Zone (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000 - 006 .00—06.00 - 020.008 Section Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280 - 6 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further,the following are submitted herewith(check those appropriate,write N/A where not applicable) X 1. Four(4) sets of the completed application form and petition. Each set shall contain one'(1) complete set of cover letter forms, affidavits,project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. X 2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. X 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines,the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred(500) feet of all boundaries of the property to be amended. N/A 4. Metes and bounds description of the proposed amendment. 1011/2008 1 RECEIVED DEC 4 2011 Southold Town Clerk EXHIBIT A ••�Vn y Lts.t5973 rpt_ 17 r^ __ TEAS INDFICIV iE,made the day of June ,nineteen hundred and sixty-six BE'I'WF•EN WEST END LAND COMPANY, INC., a domestic corporation, organized and existing under and by virtue of the laws of the State of New York, with its i principal offices located at Fishers Island, Town of Southold, County o£ Suffolk and State of New York, party of the fust part,and FISHERS ISLAND UTILITY COMPANY, INC., , a domestic` . .� ;•Y"�+ corporation, organized and existing under and by virtue of the laws of the State y M1 of New York, with its principal offices located at Fishers Island, Town of Southold, County of Suffolk and State of New York, O 1 party of the second part, « - - ;' TATNF—q,9lE!'EI,that the party of the first part,in comideratioct of - - - - "" ONE HUNDRED and 00/100 ($100.00) - _ ' lawful money of the United States, and other good and valuable consideration paid; #'• 't by the party of the second part,docs herehl grant and release unto the part% of thr kennel part, lite heirs or successors and assigns of the party of the second part forever, AM that certain plot,piece or parcel of land,%lith the buildings alld intprocement., there-1 erected, situate, .` tying and being fOt>Bimt on Fishers Island, Town of Southold, County of Suffolk and State of New York, consisting of sixteen(16)parcels of land, more spucifirally bounded and described in schedules annexed hereto, made a part hereof and numbered as Tracts One (1) through Sixteen(16). i Said sixteen(16)parcels of land are conveyed subject to all covenants, re- �} strictions or easements of record effecting said premises and Y a TOGETHER with all easements, rights of way or other appurtrnanve.% appurtenant to or benefiting said premises, Y• Included in and constituting a part of this conveyance is all right, title and interns 'r of the grantor of, in or to any and all other parcels of land, situate on Fishers Island, if any, standing in the name of West End Land Company, Inc., and not •==4 specifically described herein, together with all rights pi'rsently vested in West End Land Company, Inc., to execute releases, modifications or variations of any restrictive covenants, casements or other rights in ov over property 5rtuate on Fishers Island now held by West End Land Company, Inc. till ` It being the intent of the grantor to convey to the grantee all of its right, title and interest in and to all lands owned by it situate on Fishers Island and to cot -Y all regulatory rights or privileges which it may have reserved in or over any and all premises now or formerly owned by it on Fishers Island. This conveyance is made in the regular course of business actually conducted by the party of the first part. h5y ,Y r v' n _ , i RECEIVED DEC 4 2011 Southold Town Clerk EXHIBIT B EXHIBIT `B" APPLICATION FOR BRIAR PATCH CHANGE OF ZONE DESCRIPTION OF PROJECT, PROPOSED USE AND OPERATION THEREOF The Fishers Island Utility Company("FIUC")provides electric, water and telephone services to Fishers Island residents year-round. FIUC has a pressing need to create new housing on the Island for employees who are critical to the Island's utility operations. Due to the need for operations coverage at all hours, FIUC cannot rely on an operations work force that commutes from the mainland because the Island has limited ferry service or, in heavy weather,no ferry service. Unfortunately, the inventory of properly winterized family housing on Fishers Island available for purchase or rent is very limited. The shortage has become more acute over time as seasonal residents buy up what were formerly year-round residences and, in the process, drive up market prices for houses that do come on the market. As a result, FIUC has determined that it needs to develop new housing that it owns and can make available to its on-Island employees. The most cost effective way to do so is to build multi-family units, which make more efficient use of land than single-family units, and to do so on vacant land that FIUC already owns, thereby avoiding the cost of land purchases. Additional cost benefits can be achieved using refabricated, energy-efficient construction techniques. Cost efficiencies are essential in mitigating the need for utility rate increases to finance utility employee housing. As a first new housing project, FIUC hopes to construct a two-family dwelling with separate driveways and garages in a confirming location on its "Briar Patch"property which is located on the west end of Fishers Island at the corner of Central and Crescent Avenues. The Briar Patch is a 1.28 acre(55,757 sq.ft.) lot with a buildable area large enough to accommodate such a dwelling. FIUC is seeking a change of zone to Hamlet Density (HD) for the Briar Patch property because it is in an R-80 zoning district which, for the construction of a two-family dwelling, would require special exception approval and a minimum lot size of 160,000 sq. ft. In contrast, in an HD zoning district, a two-family dwelling can be constructed as of right on lots that are 40,000 sq. ft. or larger. The utility employees that FIUC wishes to household year-round jobs on the Island. For senior staff, employment tends to be long-term, allowing them to raise families on-Island and thereby broaden the community. For junior staff,these jobs involve training and professional qualifications for potential career advancement. Many of the utility employees, given their skill sets, are well suited for the volunteer fire department and emergency medical services. FIUC submits that HD zoning of the Briar Patch property would be compatible with the year-round residential community on the west end of Fishers Island and justified by the unique circumstances of the Island. 1 X_ 5. Appropriate Environmental Assessment Form(EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR(SEAR), or check with the Town Attorney and/or the Planning Department. N/A 6. Other information deemed necessary for review by the Town Board,the Town Planning Board and/or the Suffolk County Planning Commission(i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): Fishers Island Utility Company Address: 161 Oriental Avenue,P.O. Box 604, Fishers Island,NY 06390 Telephone No. (631) 788-7251 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation(or partnership), give the name and title of the responsible officer: Name: J. Christopher Finan Title: President Address:(if different) Telephone No.: 3. Landowner(s): Same Title: Address: Telephone No.: 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: Richard H. Strouse Title: P.E.,L.S. Name of Firm: CME Associates Address: 33 Wilbur Cross Way, Suite 105, P.O. Box 535,Mansfield, CT 06268 Telephone No.: (860) 885-1055 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: Martin D. Finnegan, Esq. Title: Attorney Name of Firm: Twomey,Latham, Shea,Kelley,Dubin& Quartararo,LLP Address: P.O.Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180 10/1/2008 2 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: Martin D.Finnegan,Esq. Title: Attorney Address: P.O. Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180,X-265 C. SITE/PROJECT DATA: 1. Location of Property: northwest corner of Central and Crescent Avenues, Fishers Island feet of (north/south/east/west) (nearest intersecting street) 2. Existing zoning district(s): R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s): Hamlet Density(HD) 4. Lot area: 55,757 sq. ft or acres 1.28 5. a. The latest deed(s) describing this parcel(s)is (are)recorded in the County Clerk's Office as follows: DATE LIBER PAGE 6/15/66 5973 17 b. A copy of the(se) should be attached to the application. See attached as Exhibit"A". 6. There are no encumbrances or liens against this land other than mortgages? X YES NO 7. All buildings and structures are shown on the survey? X YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 8. Existing: Building Area Vacant sq. ft. Lot coverage 9. 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 and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. See attached as Exhibit"B". 10/1/2008 3 D. AGENCY COORDINATION AND SEQRA (See Part 617,NYCRR and Chapter 130 of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) Corner of Crescent Avenue and Central Avenue 2. Is the site within any other areas of review of the Suffolk County Planning Commission? YES X NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act(SEQRA) and Chapter 130 of the Town Code? YES X NO. If yes, what area? 4. Type I, Type II or Unlisted Action(circle one) An environmental Assessment form must be completed for Unlisted and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? X YES NO. If yes, copies should be submitted with the application. E. 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. Fishers Island Ut' 'ty Company By: C J. hristo er Finan, President Sworn before me this day of November, 2018. a N)OTARYPUBLIC os L,q,LZ 1, i 10/1/2008 4 F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State of New York County of Suffolk J. Christopher Finan,,being duly sworn, deposes and says that he resides at 495 Winthrop Avenue, Fishers Island, in the County of Suffolk and the State of New York and that he is the officer of the corporation or partnership which is the owner in fee of the premises described in the foregoing application and that he has authorized Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, as Agent, to make the foregoing application for amendment and/or change of zone as described herein. Fishers Island Utility Company C J. C topher Finan, President Sworn before me this Day of November, 2018 T�OT4k4 PUBLIC OS— 2,2- 10/1/2008 210/1/2008 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk J. Christopher Finan,being by me duly sworn, deposes and says: 1. I am the President of the Fishers Island Utility Company, the owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: Briar Patch Change of Zone 3. I reside at 495 Winthrop Avenue, Fishers Island,NY 06390 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE J. Christopher Finan President Nicola Parr Treasurer Thomas B. Siebens Vice President& Secretary Cheryl Wheeler Assistant Secretary 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application,have any of the following individuals made campaign contributions exceeding$100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner X 2. Applicant X 3. Agent for owner or applicant X 4. Attorney X 5. Other 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name Title (Owner,Astent,Attorney, other) Amount For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee,their spouse,brothers, sisters,parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director,partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES X NO 1. Any official New York State YES X NO 2. Any official or employee of Southold Town or Suffolk County? YES X NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST 10/112008 7 FISHER§ ISLAND UTILITY COMPANY C I C istophe Finan,President Sworn before me this 10 ) Day of November, 2018 T PUBLIC z 5-. 2,q,L2 o/)/I,,&ZZ2.65-72 � I` 10/l/2008 8 rkrdXidICU DEC - 4 2018 Southold Town Clerk PROOF OF MAILING NOTICE In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L. Edwards, 3555 E. Placita De La Raza, Tucson,AZ 85718-7448 Island Peoples Project P.O. Box 523,Fishers Island, NY 06390 Island Health Project P.O. Box 344,Fishers Island, NY 06390 Christopher& Trudi Edwards P.O. Box 167,Fishers Island, NY 06390 Cary Brown 2916 Langford Drive, Charlottesville, VA 22903 Paula Pendergast Trust 56 Tarpon Lane,Key Largo,FL 33037 Mary Meyer 180 Riverside Drive, New York,NY 10024 Michael L. McLaughlin Revocable Trust P.O. Box 323, Aiven, SC 29802 St. John's P.O. Box 505,Fishers Island,NY 06390 Paul and Leslie Tombari P.O. Box 357,Fishers Island,NY 06390 Lynne Krauza,residing at Aquebogue, New York,being duly sworn,deposes and says that on the 20f day of November, 2018, deponent mailed a true copy of the Notice attached hereto,directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Riverhead,New York, that said Notices were mailed to each of the said persons by certified,registered receipt mail. Copies of the certified receipts are also attached hereto. r� Lynne Krauza Sworn tojaefere me the 3rd day o ecem , 2018. Notar Public MARTIN D. FINNEGAN Notary Public, State of New York No 01F16056707 Qualified in Suffolk county commission Expires March 26, 0 RECEIVED TOWN BOARD,TOWN OF SOUTHOLD In the Matter of the Petition of DEC — 4 2011 NOTICE Fishers Island Utility Company TO Southold Town Clerk ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: Property Owners on List Attached YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of Zone from R-80 to Hamlet Density(HD) 2. That the property which is the subject of the Petition is located adjacent to your property and is described as %follows: Suffolk County Tax Map# 1000-6-6-20.8 Property Address: Corner of Central and Crescent Avenues, Fishers Island,NY 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: Hamlet Density(HD) 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such he ring. �4 Dated: November/ ��L __-, 2018 Peoner: ishers Island Utility Company J. ristopher Finan,President Mailing Address: P.O.Box 604 Fishers Island,NY 06390 In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L. Edwards, 3555 E.Placita De La Raza, Tucson,AZ 85718-7448 Island Peoples Project P.O. Box 523,Fishers Island, NY 06390 Island Health Project P.O. Box 344,Fishers Island, NY 06390 Christopher& Trudi Edwards P.O. 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