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1000-6.-2-3.1
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Box 1179 TOWN CLERK r'f+ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS � � �MARRIAGE OFFICER Fax (516) 765-1823 O O� ',yol �1D Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 23, 1993: RESOLVED that the Town Board of the Town of Southold hereby reaffirms their resolution no. 27(a), adopted on October 10, 1989, which reads as follows: "RESOLVED that the Town Board of the Town of Southold hereby exempts Walsh Park Benevolent Corporation, a not-for-profit corporation, from paying Town permit fees for their Walsh Park Affordable Housing Project." IF 1993 — � !993 S 0 U T H 0 L DU TOVJVN PLANNING BOARD Judith T. Terry Southold Town Clerk February 24, 1993 1'1 r, QV E 9114Ezs g1 and cJV 06390 " August 4, 1990 Planning Board Town of Southold Southold, N.Y. 11971 Dear Members of the Board, On Saturday, August 25th, our residents will celebrate the completion of Phase One of our Affordable Housing Development. Because your Board was an important part of the creation of this project, we would welcome you to join with our Island residents at this landmark event. The ceremony will begin promptly at 11 : 00 a.m. and will take no longer than one hour. I hope you can be with us. Please let me know by August 13th if we may expect you. You can reach me at 516-788-7734. Sincerely, �-�L &u." Joh Clavin JJC/mc _ -, 1990 QVafifii EMEVOtErL P n. BOX 68[j 9Ls/2E2s nsLaad, OVEGT �02/2 063(�O `I 1 l } PLANNING BOARD MEMBERS SCOTT L. HARRIS Ey Supervisor Bennett Orlowski, Jr., Chairmana> P George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Scott Louis Harris, Supervisor Tom Wickham, Chairman, Planning & Zoning Committee Raymond Jacobs, Highway Superintendent FROM: Valerie Scopaz, Town Planner RE: Road Dedication Procedure for Walsh Park, Fishers Island DATE: April 30, 1990 On Friday afternoon, April 27, 1990, I received a telephone call from David Patterson, attorney for the Walsh Park Affordable Housing development on Fishers Island. He indicated that he had not received a response to his inquiry of April 11, 1990, which I had transmitted to you via my memorandum of that date. A copy of that memo is attached. Please advise how this matter is to be handled. cc: Judge Ray Edwards, Councilman Ken Edwards, Planning Board Member Victor Lessard, Principal Building Inspector David R. Patterson, Esq. VALERIE SCOPAZ �~`'• �- �' Town Hall 53095 Main Road TOWN PLANNER P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 ME140RANDUM TO: Scott Louis Harris, Supervisor Tom Wickham, Chairman, Planning & Zoning Committee Raymond Jacobs, Highway Superintendent Bennett Orlowski, Jr. Chairman, Planning Board FROM: Valerie Scopaz, Town Planner Vs RE: Road Dedication Procedure for Walsh Park, Fishers Island DATE: April 11, 1990 Planning staff received a call today from David Patterson, attorney for the Walsh Park Affordable Housing development on Fishers Island. Mr. Patterson is trying to obtain Certificates of Occupancy for the homes that have been constructed. He was referred to this office by the Building Department staff who informed him that Planning Board approval of the road was needed before C.O.s could be issued. By way of background, the Walsh Park Benevolent Association was granted permission by the Planning Board and the Town Board to construct the road without posting a performance bond. See attached copy of Certificate of Waiver. Since no performance bond was required, the Planning Board has no jurisdiction over the review of the road. That authority lies with the Highway Superintendent, subject to approval by the Town Board. Accordingly, with this memorandum, I am transferring Mr. Patterson' s request to both the Town Board and the Highway Department for a response. However, it would be appreciated if the Planning office and the Building Department could be sent a copy of your offices' resolution of this matter for our records. On another note, Planning Staff .has been given no direction as to how to instruct developers who were proceeding in accordance with the January 1989 procedures. Mr. Patterson was informed by the Town Attorney' s office of the new road dedication procedure that was adopted on March 13 , 1990 by the Town Board. However, as he pointed out to Planning staff today, the Walsh Park Association has been proceeding in accordance with the Planning Board' s August 1989 resolution of approval. Consequently, he is not sure how to proceed. On behalf of Planning Staff, I would appreciate written clarification from the Town Board as to how those developers who were operating in accordance with the 1989 policy should proceed with regard to road dedication procedures. cc: Town Board Victor Lessard, Principal Building Inspector Town Attorney' s Office David R. Patterson, Esq. i 1 i i CERTIFICATE `rJ SOUTPii!l�; The Town of Southold hereby certifies tnatPtit—E-Z duly waived any requirement that Walsh Park Benevolent co, ration post any bond to secure the setting of stone or cor crete survey monuments at iiot less than two corners of evE street intersection shown on the subdivision map for Walsr Park Benevolent Corporation dated November 3, 1988 . Bennett Orlowski, Chair c�n Planning Board Town of Southold I I STATE OF NEW YORK This is to certify that I, Judith T. Terry, Town Clerk of the Town j SUe of the COUNTY ss. Southold in the said County of Suffolk, have compared the foregoing cop Office of the Town Clerk Certifica of . . . . . . . . .to .Qf .t.he -$QLAhold .Tow.n .I?I.a-n0ing .Soard. .�Yai.v.ing of the TOWN OF SOUTHOLD the bond requirement for monuments for LValsf� Park signed by. QEsnnett• -Orlowski,. Jr•:;Chairman,• •Planting Board; Town Southold fhe original now on file in this office, and that the same is a correct an true transcript of such original .Certificate•of •t}i•e •$QVtbpW TPw.n . . Pla,rini.ng, E3pard .wai-Vin. the . .for. monument bond. requirement (Seal) for �Vals Park signed`L,y Bennett Orlotivski, Jr. , hairmal a,• -Planing -Board., Town. of• • • • . . .and the whole thereo: outho d. In Witness Whereof, I have hereunto set my hand and affixed the seal o said Town this . . 22n.d . day of .Decemlaer. . 19�.8SL . Town Clerk of the Town of Southold, County of S folk, N.Y March 15, 1990 • The Suffolk Times A25 Affordables Risinone an- 'In December,Judge Ray Edwards of Fishers Island told a real estate story to point out the difficulties of providing af- fordable housing in the blue-blood worlds�� of Southold s easternmost land mass. He told in some detail of a humble abode going up on Fishers Island for 4 °' $7.5 million. Although that house will probably 7, , Va, have several spare bedrooms, it in no way addresses a real housing problem �1 confronting the island community that for three months of the year plays host to the upper crust. The island's year- round population of 300 is about half what it was 15 years ago and the high school has no-seniors this year. With that in mind, the Walsh Park Benevolent Association has stepped in to fill the void, largely through Bona- , ! ` tions of money,materials and labor. `` "Four Walsh Park houses are up and are waiting for the furnaces to be hooked up,"said Ken Edwards,Fishers Island's representative to the Southold Planning ' ' Board. He said the work could be com- pleted.next week. Forty to 50 people are expected to. live in Walsh Park, which translates to . 15 to 20'percent of the year-round popu- lation. About 15 of the Walsh Park '' residents are expected to be school-age _ children. Mr.Edwards said that 8 more ° affordable houses will go up in the next , ' couple of months. There are 3 or 4 off- island families that have expressed,inter- est in the next group;according to Mr. " ' Edwards. He said at least 1 member of each of those families currently ferries �from New London to work on the Photos by Dick Edwards island. WALSH WORK—Photos clockwise from top left, a tion atop a foundation a few weeks later; one of sev- Bill Fallon modular section arriving by ferry last summer; a sec- eral styles of homes, nearly finished. Pe -PJ Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 nA7 MOND L JACOBS Superintendent Tel 765.3140 734-5211 -,.Ni April 13, 1990 APR { 6 i999 I 1 E=!_E Tei. F-N' . Southold Town Board Members 1 CV-J ',UP -Southold Town Hall Main Road Southold, New York 11971 Re: Walsh Park - Fisher's Island Dear Town Board Members: On April 13th my Deputy inspected the road and drainage structures in the above mentioned project and reported to me both were constructed as specified. Also present was Mr. Howard Hancock. I concur and find the project acceptable. Respec lly, Raymo d L. Jacobs - Supe intendent of Highways cc: Mr. Victor Lessard, Building Dept. Mr. Dave Patterson Mr. Thomas Dougherty I,wq? , a 'APR 17 19M VALERIE SCOPAZ Town Hall, 53095 Main Road TOWN PLANNER 1 b;•qj P.O. Box 1179 Southold, New York 11971 °. TELEPHONE - ` ,: (516)765-1938 MEMORANDUM TO: Scott Louis Harris, Supervisor Tom Wickham, Chairman, Planning & Zoning Committee Raymond Jacobs, Highway Superintendent Bennett Orlowski, Jr. Chairman, Planning Board FROM: Valerie. Scopaz, Town Planner Vs RE: Road Dedication Procedure for Walsh Park, Fishers Island DATE: April 11, 1990 Planning staff received a call today from David Patterson, attorney for the Walsh Park Affordable Housing development on Fishers Island. Mr. Patterson is trying to obtain Certificates of Occupancy for the homes that have been constructed. He was referred to this office by the Building Department staff who informed him that Planning Board approval of the road was needed before C.O.s could be issued. By way of background, the Walsh Park Benevolent Association was granted permission by the Planning Board and the Town Board to construct the road without posting a performance bond. See attached copy of Certificate of Waiver. Since no performance bond was required, the Planning Board has no jurisdiction over the review of the road. That authority lies with the Highway Superintendent, subject to approval by the Town Board. Accordingly, with this memorandum, I am transferring Mr. Patterson' s request to both the Town Board and the Highway Department for a response. However, it would be appreciated if the Planning office and the Building Department could be sent a copy of your offices' resolution of this matter for our records. On another note, Planning Staff has been given no direction as to how to instruct developers who were proceeding in accordance with the January 1989 procedures. Mr. Patterson was informed by the Town Attorney' s office of the new road dedication procedure that was adopted on March 13 , 1990 by the Town Board. However, as he pointed out to Planning staff today, the Walsh Park Association has been proceeding in accordance with the Planning Board' s August 1989 resolution of approval. Consequently, he is not sure how to proceed. On behalf of Planning Staff, I would appreciate written clarification from the Town Board as to how those developers who were operating in accordance with the 1989 policy should proceed with regard to road dedication procedures. cc: Town Board Victor Lessard, Principal Building Inspector Town Attorney' s Office David R. Patterson, Esq. 1 , r � D CERTIFICATE S0UTHOLD ?Y-..., The Town of Southold hereby certifies t atPlit�has duly waived any requirement that Walsh Park Benevolent Corpo- ration post any bond to secure the setting of stone or con- crete survey monuments at 'lot less than two corners of every street intersection shown on the subdivision map for Walsh Park Benevolent Corporation dated November 3, 1988 . Bennett Oilowski, Chairn Planning Board Town of Southold STATE OF NEW YORK This is to certify that I, Judith T. Terry, Town Clerk of the Town of SUFFOLK COUNTY ss: Southold in the said County of Suffolk, have compared the foregoing copy Office of the Town Clerk of .Certi,ficatq ,of .t.hq .$QtjtbQtcl .Tow.n .Pl.a.nning .Board, waiving . of the TOWN OF SOUTHOLD the bond requirement for monuments for Walsh Park signed by. Bennett -Orlowski,. •Jr•:;Chairman,• -Planning -Board; • Town-of So thhold.. wit�i the original now on file in this office, and that the same is a correct and true transcript of such original .Certificate,of ,thq ,$Qgthpld .Town . . . PlamrArigh Board .wai.v.in.q .the .bond, requirement .for. monuments (Seal) for Wals Park signed-by Bennett Orlowski, Jr. , Chatrm n • •Planning •Board,. Town. of• • • • • • .and the whole thereof. Southo�d. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this . . 22nd . . . . . . day of .Decemlaer. . 19 8.9L Town Clerk of the Town of Southold, County of S folk, N.Y. Town Hall, 53095 Main Road a t V SCOTT L. HARRIS P.O. Box 1179 yw � Supervisor Southold, New York = �� Fax (516) 765-1823 11971 � Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 23, 1990 David R. Patterson Patterson, Belknap, Webb & Tyler 30 Rockefeller Plaza New York, NY 10112 RE: Walsh Park Subdivision SCTM# 1000-6-2-3.1 Dear Mr. Patterson: Enclosed please find miscellaneous information pertaining to the environmental review as per your request on March 26, 1990 regarding the above subdivision. There are thirty-nine ( 39) pages and we charge twenty-five ($.25) cents a copy. Please make your check out to the Town of Southold. Please contact this office if you have any questions regarding the above. Thank you. Very truly yours, Melissa Spiro Assistant Planner Encls. 1 � 61. Town Hall, 53095 Main Road `' SCOTT L. HARRIS P.O. Box 1179 w Supervisor Southold, New York *�®� Fax (516) 765-1823 11971 l 1 Telephone (516) 765 1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Ray Jacobs, Highway Superintendent FROM: Bennett Orlowski, Jr. , Chairman ?x' DATE: 3 - -7 1990 The Southold Town Planning Board hereby refers the following approved maps to you for your records: Application Name: Tax Map No. : Bowne File NO. : Hamlet Location: Type of Application: Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Final Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated This office will notify you in writing when road construction is scheduled to begin. —b0'VVn a � 'OY I Town Hall, 53095 Main Road t r � s SCOTT L. HARRIS P.O. Box 1179 *' "*`. ~.;. �`' Supervisor Southold, New York ® l �� Fax (516) 765-1823 11971 2�1 o Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM: TO: Victor Lessard, Building Department FROM: Bennett Orlowski, Jr. Chairman fiif Planning Board RE: Filed Maps of Walsh Park Benovolent Corporation SCTM4 1000-6-2-3 .1 Date: March 7, 1990 Enclosed please find a copy of the filed maps for the above mentioned subdivison which were endorsed by the Planning Board on November 29, 1989. Encl. ® ` � ,; t Town Hall, 53095 Main Road -,. - SCOTT L. HARRIS P.O. Box 1179 Supervisor A Southold, New York :�� � Fax (516) 765-1823 11971 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM: TO: Assessors Office FROM: Bennett Orlowski, Jr. Chairman -W5 Planning Board RE: Filed Maps of Walsh Park Benovolent Corporation SCTM# 1000-6-2-3.1 Date: March 7, 1990 Enclosed please find a copy of the filed maps for the above mentioned subdivison which were endorsed by the Planning Board on November 29, 1989. Encl. r WS PATTERSON , BELKNAP, WEBB & TYLER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 30 ROCKEFELLER PLAZA NEW YORK, N.Y. 10112 (212) 698-2500 WRITER'S DIRECT DIAL NUMBER: TELEX:423897 PSW UI 1730 PENNSYLVANIA AVE., N.W. (212) 698- FAX:(212)956-3153 WASHINGTON, D.C. 20006 (202) 783-6518 2574 FAX:(202)783-6769 March 1, 1990 FEDERAL EXPRESS . Ms . Melissa Spiro Planning Board Town Hall -- Main Road Southold, New York 11971 Re: Walsh Park Benevolent Corporation, Filed Map No. 8871 for subdivision on Fishers Island Dear Melissa: In compliance with your request, I enclosed five (5) complete sets of the final subdivision map for Walsh Park Benevolent Corporation, as approved by the Town of Southold and the County of Suffolk. As you can see, the map was filed on December 22 , 1989 in the Office of the Suffolk County Clerk as Map No. 8871 . ` A complete set of mylars (as filed) was delivered to the Southold Planning Board previously. Please let me know if any further action must be taken by the Planning Board prior to issuance of certificates of oc- cupancy for the four (4 ) dwelling units already constructed. Thank you for your assistance. Please call if you have any questions . Very truly yours, David R. Patterson Encl . r,t� � DRP/em MAR ' 2170 l990 I� PHONE:548-3450 j SUFFOLK COUNTY CLERK'S OFFICE WILLI'AM G. HOLST, COUN'I.'Y CLERK " RIVERHEAD, NEW YORK 11901 December 22, 1989 Town of Southold Assessor Town of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Map Of : WALSH PARK BENEVOLENT CORPORATION Was Filed , December 22, 1989 @ 11:58 a.m. Filed Number, 8871 Abstract Number-, 114lo . Township , Southold_ Owner: Walsh Park Benevolent Corporation Very truly yours, ate'.'- 2l Count Jerk Map Department a EJAN-,* ISO � aoun"oso TOVM orm NO.. 49 PLaninlr�Ie Rnaap ------ 12-157:6/84 Town Hal �;sue �='�.�� '�;„'•�r3,; �� '"rr 1. 53095 Main Road P.O. BOX 1179 :' Southold. New York 11971 � TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 22, 1989 Office of the County Clerk County Center Riverhead, New York 11901 RE: Subdivision for Walsh Park SCTM# 1000-6-2-3.1 To Whom It May Concern: Enclosed please find a certified copy of the certificate, which was signed by the Chairman, in reference to the Planning Board' s waiving of a bond for monuments for Walsh Park. Please contact this office if you need any additional information. Very truly yours, Melissa Spiro Planning Staff for Bennett Orlowski, Jr. Chairman enc. D - CERTIFICATE PLAW!P.3 The Town of Southold hereby certifies that it—has duly waived any requirement that Walsh Park Benevolent Corpo- ration post any bond to secure the setting of stone or con- crete survey monuments at not less than two corners of every street intersection shown on the subdivision map for Walsh Park Benevolent Corporation dated November 3, 1988 . Bennett Orlowski, ChaiVhn Planning Board Town of Southold as '+ STATE OF NEW YORK This is to certify that I, Judith T. Terry, Town Clerk of the Town of SUFFOLK COUNTY Southold in the said County of Suffolk, have compared the foregoing copy Office of the Town Clerk ss: of .Certificate ,qf ,the .5qra#fapld .Tow.n..PI.axlningg Board. waiving . of the TOWN OF SOUTHOLD the bond requirement for monuments for Walsh Park signed by. Bennett -Orlowski,. •Jr•:;Chairman,- -Plan-ring -Board;• T. -own.of Southold.. with the original now on file in this office, and that the same is a correct and true transcript of such original .Certificate.qf ,the -5QVthpI[c) ,Tpwn . . . Ptgrinirr779gh UPard .waiming .the .bond. requirement .for. monuments (Seal) for Walsh Park signed by Bennett Orlowski, Jr. , Chairm ,• -Planning -Board.,• Town• of• • • • • . .and the whole thereof. Southo� . In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this . . 22nd . . . . . . day of .December. . 19 89 . . . . . . Town Clerk of the Town of Southold, County of S folk, N.Y. Town Hall. 53095 Main Road P.O. Box 1179 :. .spa tI Southold. New York 11971 .y TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 19, 1989 John Clavin Walsh Park Benevolent Corporation Fishers Island, New York 06390 RE: Subdivision for Walsh Park SCTM# 1000-6-2-3 . 1 Dear Mr. Clavin: Enclosed please find a copy of the certificate, which was signed by the Chairman, in reference to the Planning Board' s waiving of a bond for monuments for Walsh Park. The original has been forwarded to Laura Cobey at Ticor Title Guarantee Company. Please contact this office if you have any further questions. Very truly yours, Melissa Spiro Planning Staff enc. M- .I CERTIFICATE SOUTHOLv The Town of Southold hereby certifies atPlit has duly waived any requirement that Walsh Park Benevolent Corpo- ration post any bond to secure the setting of stone or con- crete survey monuments at not less than two corners of every street intersection shown on the subdivision map for Walsh Park Benevolent Corporation dated November 3 , 1988 . 7/7 Bennett orlowski, Chair an Planning Board Town of Southold i Walsh Park Benevolent Corporation DEC 19W Fishers Island, New York 06390 SOUTHOLD TOVM PLANNING BOARD OJ December 5 , 1989 Mr. Bennett Orlowski, Chairman Planning Board Town of Southold 53095 Main Road Southold, New York 11971 Re: Walsh Park Benevolent Corporation ( "WPBC" ) Subdivision Monuments Dear Mr. Orlowski: The Planning Board of the Town of Southold has ap- proved the subdivision map for Walsh Park Benevolent Corpora- tion ( "WPBC" ) . On the map which was approved, the surveyor which prepared the map, Chandler Palmer & King, certified that the survey monuments shown at not less than two corners of every street intersection would be set . In order to file the map with the Suffolk County Clerk, WPBC is required to provide the Clerk with a letter from the Town of Southold certifying either that WPBC has posted a bond to secure the setting of the monuments later or that the . Town of Southold has agreed to waive the posting of such a bond. To induce the Town of Southold to agree to waive the posting of any bond, I as Vice President of WPBC agree that WPBC will make certain that the stone or concrete monu- ments are set, at not less than two corners of every street intersection as shown on the map, after all road construction and grading have been completed. Please indicate that the Town of Southold has agreed to waive the bond for the setting of the survey monu- ments by executing the Certificate below. Please return the executed Certificate to: David R. Patterson, Esq. Patterson, Belknap, Webb & Tyler 30 Rockefeller Plaza New York, New York 10112 Thank you for your cooperation. Very truly yours, ohn Clavin President, Walsh ,Park Benevolent Corporation �r DEC I 1 1989 CERTIFICATE _-J SOUTHOLD TOd1 N11 PLANNING BOAF,D The Town of Southold hereby certifies a it has`" duly waived any requirement that Walsh Park Benevolent Corpo- ration post any bond to secure the setting of stone or con- crete survey monuments at not less than two corners of every street intersection shown on the subdivision map for Walsh Park Benevolent Corporation dated November 3, 1988 . Bennett Orlowski, Chairman Planning Board Town of Southold 681 to �A VIA Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 6 ' TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 30, 1989 John Clavin P.O. Box 684 Fishers Island, NY 06390 RE: Walsh Park SCTM #1000-6-2-3. 1 Dear Mr. Clavin: Four sets of mylars and ten sets of paper prints of the final map dated November 28, 1989, were endorsed by the Chairman at a work session on November 29, 1989. It is understood that a representative from the office of Ticor Title Guarantee Company will be picking up the above mentioned maps and delivering them to the Suffolk County Health Department for their stamp of approval. Please return four sets of the paper prints. Please inform the County Clerk' s Office that they should return one filed mylar and one paper print to the Town Hall. The representative will also receive a copy of the property card from the Assessor' s office, which states that the above mentioned property is exempt from the 1989 taxes. If you have any questions, please do not hesitate to contact this office. Ve.ry..,truly yours, Bennett Orlowski, Jr. Chairman enc. cc: David Patterson r, t•e: AM- � /` ° ': ' ';`:TOWN ' OF SOUTHOLD PROPERTY- RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT _ y FORMER'OWNER \• I N.., :. . ��E ACR. S.�l• ,.. OP a S W - TYPE OF BUILDING _H Pnr Onn bo nskl CYOSC&R4Ave-oys RL,. SEAS. VL. �l FARM COMM. CB. MISC. Mkt. Value Ic} C LAND IMP. TOTAL DATE REMARKS L. ;Z, o!J X p J // f 7400 0 Vz3,A'r LS — • _ LjnqQ (n5Q b �4( - Bc J et AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE . F VI : `:'.;Acre Value Per Value ; Acre Tillable 1 Tillable 2 l� Y .S.-'0� _0 ..0 Tillable 3 � � Woodland Swampland " " '= FRONTAGE ON WATER Brushland: 'Y. . 4 '' ' FRONTAGE ON ROAD House Plot DEPTH BULKHEAD , •.4 i Total D OC K I CHANDLER, PALMER & KING f L ETTEEM 0L i"AUSAUTUL 110 Broadway NORWICH, CONNECTICUT 06360 DATE - JOB NO. (203) 889-3397 ATTENTION RE: TO �� S . A. Ot K—C J_�A 1� LS 0 i N, s SOUL OLD i(3e,�id n ru WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. CRIPTI N CIIJ 1! !I 14 Jl THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS nn o J Lj COPY TO SIGNED: PRODUCT 240-2 es Inc.,Groton,Mas 01471. If enclosures are not as noted, kindly notify us at once. 10`969 NOV 271989 DECLARATION OF COVENANTS AND RESTRICVIONS SOUTHOLD TOV%fN THIS DECLARATION, made as of this /V+kday of November, 1989 , by Walsh Park Benevolent Corporation, a Delaware not-for- profit corporation having a place of business at Patterson, Bel- knap, Webb & Tyler, 30 Rockefeller Plaza, New York, New York 10112 , (hereinafter referred to as "Declarant" ) , W I T N E S S E T H SR THAT WHEREAS, Declarant is the fee owner of certain real property located on Fishers Island, County of Suffolk, State of New York, designated as Lot 3 . 1 of Block 2 of Section 6 in Dis- trict 1000 on the Tax Map for the County of Suffolk, which real property is more particularly described in Exhibit A annexed here- i .COUNTY 0 ® ®,� to ( such real property being hereinafter referred to as the "Prop- c*Via%"� � erty" ) ; and 0niC WHEREAS, pursuant to the Southold Code, Declarant has 15 submitted an application to the Planning Board of the Town of Southold to subdivide the Property, which application has been r �pQ reviewed by said Planning Board and the Town Board of the Town of Southold (said Town Board or any successor thereto, the "Agency" ) ; NOW, THEREFORE, Declarant hereby declares that the Prop- erty shall be held, sold, conveyed, and occupied subject to the following restrictions, obligations, and covenants, which shall 5 e run with those portions of the Property herein designated, and be binding upon, and inure to the benefit of, every party having a fee interest in the designated portions of the Property or any part thereof and their respective heirs, successors, assigns , and legal representatives . For purposes of this Declaration, "Wetlands " shall mean all lands designated as "Wet Area" on the final subdivision plat of the Property and "Open Space" shall mean all lands designated as "Conservation Easement" or "Remaining Land" on the final subdi- vision plat of the Property. o a � I . The Open Space shall be subject to the following cov- enants, restrictions and obligations : 1 . Any deed conveying all or a portion of the Open Space shall recite that said property is subject to the provisions of this Article I of this Declara- tion; I 2 2'. = Declarant, or its successors and assigns, shall be responsible for maintaining the Open Space in a natural condition and shall build no improvements (including, but not limited to, swimming pools, patios, storage buildings or structures for housing of domesticated animals, boats or trailers of any kind or other vehicles) on the Open Space; provid- ed, however, that Declarant, or its successors and assigns, may, but shall not be obligated to, under- take such erosion control, such planting of grass, shrubs and trees, and such other enhancements of the Open Space, as Declarant shall deem appropriate or advisable to the maintenance of the Open Space in such condition; and 3 . Declarant, or its successors and assigns, shall regularly inspect the Open Space to determine whether it has suffered vandalism or dumpage of waste and shall take reasonably appropriate action to restore the Open Space to its condition prior to such vandalism or dumpage and to prevent further vandalism or dumpage. II . Declarant, or its successors and assigns, shall not per- mit any construction activities to be carried on on the Property within 300 feet of the Osprey Nest, as noted on page 3 of the final subdivision plat of the Property, between March 15 and August 1 of a calendar year so long as said nest shall have been used during the preceding calendar year by osprey. III . Declarant, or its successors and assigns, shall not per- mit any construction activities to be carried on on the Property within 100 feet of the Wetlands . IV. Declarant, or its successors and assigns, shall cause to be performed at least once in every two calendar years commencing January 1, 1990, testing by an engineer, duly licensed in the State of New York, for methane gas pres- ence in the lands constituting lots numbered 8, 9 and 10 on the final subdivision plat of the Property and copies of the results of such testing shall be delivered to the Agency. V. Any deed conveying all or a portion of the lands consti- tuting lots numbered 8, 9 and 10 on the final subdivi- sion plat of the Property shall recite that a former landfill was conducted on said lands and any deed con- veying all or a portion of the lands constituting the 3 10969P6331 numbered lots on the final subdivision of the Property shall contain language noting the location of the former landfill as noted on the final subdivision of the Prop- erty. VI . Fishers Island Water Company has undertaken to supply water to the lands constituting the numbered lots on the final subdivision plat of the Property and each of such numbered lots shall be served by an on-site septic sys- tem. VII . The land designated as Peter's Way on the final subdivi- sion plat of the Property shall be dedicated to the Town of Southold for use as a public road. VIII . Storm water run-off from buildings erected on the lands constituting lots numbered 1 through 12 on the final subdivision plat of the Property shall be prevented from entering lands constituting the Wetlands, as determined by licensed engineers, by installation of leaching ba- sins . IX. Declarant shall prepare and record in the land records for the County of Suffolk a Utility Easement in favor of the Fishers Island Utility Company covering the lands designated on the final subdivision plat of the Property as 1115 ' Emergency Fire & Utility Easement. " X. Off-street parking shall be provided on each lot num- bered 1 through 12 on the final subdivision plat of the Property by means of driveways . XI . Grading of that portion of each lot numbered 1 through 12 on the final subdivision plat of the Property not constituting Open Space shall be limited to that neces- sary for siting and construction (including foundations, utility service, driveways, public road and as otherwise set forth on the final subdivision plat of the Property) of private residential housing and erosion control, with the intent of preserving or enhancing the general char- acter of the Property and minimizing stormwater run-off and erosion. XII . No further subdivision of the Property beyond those set forth in the final subdivision plat of the Property shall be permitted, and the lands constituting the por- tion of the Property not designated as lots 1 through 4 - J 1096HP6"332 12, the "15 ' Emergency Fire & Utility Easement" and Peter's way shall not be conveyed or disposed of by De- clarant except as one parcel, except as permitted pur- suant to the provisions of Article XIV of this Declara- tion. XIII . The Agency shall have exclusive right to enforce the covenants and restrictions set forth in this Declara- tion, including, but not limited to, the right to re- quire the restoration of any portion of the Open Space to its state prior to a breach of the covenants and re- strictions set forth in Article I of this Declaration. If any person or entity owning any part of the Property shall not cure a default of its obligations under this Declaration within 30 days of being served with written notice of such default by the Agency, service upon the defaulting party being made at its address in the tax records for the County of Suffolk, then the Agency may effect such cure and file a lien on the portion of the Property owned by the defaulting party for the costs in- curred in effecting such cure. Such lien shall have the same effect, and may be enforced in the same manner, as a lien for unpaid real estate tax. XIV. This Declaration may be amended, cancelled, or modified only by a written instrument duly executed and filed in the land records of the County of Suffolk by Declarant, or its successors and assigns, which instrument shall have endorsed thereon the approval thereof by the Agency, which shall have the exclusive right to approve any such amendment, cancellation, or modification, and no other approval or consent shall be required from any public body, private person, or legal entity of any kind. XV. This Declaration is not intended, and shall not be con- strued, to create any rights or powers in any person or entity other than Declarant, its successors and assigns, and the Agency. XVI . If Declarant shall sell or otherwise dispose of all or a portion of its interest in the Property, then the ob- ligations of Declarant hereunder with respect to the Property or any portion sold or disposed of shall be assumed by the transferee and Declarant shall be re- lieved of its obligations hereunder accordingly. XVII . This Declaration shall have perpetual duration except as otherwise provided herein. 5 IN WITNESS WHEREOF, Declarant has caused this Declara- tion to be signed this day of Ove^19eQ , 1989 . WALSH PARK BENEVOLENT CORPORATION, a Delaware not-for-profit corporation STATE OF NEW YORK ss.: County of Suffolk I,WILLIAM G. HOLST,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Cqy�rt bei g a C rt of Record)DO HEREBY CERTIFY that I h ve compared the annexed copy of /✓ /- and that it is a just and true copy of such original ,, C/C- and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this o? o day of yUJ 19 �5 � Ce Form No. 104 ' 12-109:6/89pa - ----- - -- - — - --- - PATRICIA RISPOLI OV 961ary Public,State of New York No. 2.4-4675474 Notary Public Qualified in Kings.County ��j/� Commission Expires October 31. 19:J.0 Record and Return to: David R. Patterson, Esq. Patterson, Belknap, Webb & Tyler 30 Rockefeller Plaza New York, NY 10112 (212 ) 698-2574 10969E,- _34 y Exhibit A ALL that certain plot, piece or parcel of situate,lying and being MK9 at .Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows : BEGINNING at a :monument on the northerly line of Fox Avenue, said , monument being located 4952 .49 feet North of a point which is 1569 . 86 feet West of United States Coast and Geodetic Survey Triangulation Station "PROS"- and running thence along said Avenue line on the following four (4) courses: (1) South 88 degrees 24 minutes and 45 seconds West 172 .81 feet to a monument; (2) South 85 degrees 41 minutes and 30 seconds West 341.06 feet to a - monument; (3) South 82 degrees 28 minutes and 10 seconds West 320 . 72 feet to a monument; (4) South 67 degrees 51 minutes and 10 seconds West 187 .06 feet to a monument at the intersection of said Avenue line with the Northeasterly line of Crescent Avenue; thence along the said Northeasterly line of Crescent Avenue on the following three (3) courses: (1) North 16 degrees 47 minutes and 00 seconds West- 324 .23 feet to a monument; (2) North 44 degrees 39 minutes and 00 seconds West 471.60 feet to a monument; (3) North 36 degrees 10 minutes and 45 seconds West 166 . 58 feet to a monument; thence North 63 degrees, 31 minutes and 30 seconds East 286 .15 feet to a monument; thence North 87 degrees 45 minutes and 49 seconds East 498 .80 feet to a monument; thence North 89 degrees 48 minutes and 20 seconds East 141. 31 feet to a point; thence South 85 degrees 30 minutes and 30 seconds East 60 .00 feet to a point; thence North 04 degrees. 30 minutes and 00 seconds East 250 . 00 feet to a monument on the Southerly line of Crescent Avenue; thence South 85 degrees 29 minutes and 57 seconds East 319 .91 feet along said Avenue line to a point; thence South 04 degrees 30 minutes and 00 seconds West 391 . 72 feet to a point; thence South 57 degrees 32 minutes and 50 seconds East 129 .40 feet to a point; thence North 77 degrees 27 minutes and 10 seconds East 58 .10 feet to a point at the westerly end of Avenue B; ' thence South 05 degrees 28 minutes and 00 seconds. East 20 .48 feet along the end of said Avenue to a monument thence along the Southwesterly line of said Avenue B South 83 degrees 40 minutes and 40 seconds East 44 .08 feet. to a monument; and South 65 degrees 35 minutes and 00 seconds East 57 . 41 feet to a point; thence Due South 508 .'07 feet to the monument on the Northerly line of Fox Avenue at the point of beginning. f Nov. ZO 2 £7 N '011, NL.E ci\ OF LL SUFf-OL11", v'0UtffY M� vt Q� h OG1 16 1989 -0\14s1~ ^' Town Hall, 53095 Main Road Lri�5i �._--__ �� • O� -P.O. Box 1179 1�1 •�� Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 10, 1989: RESOLVED that the Town Board of the Town of Southold hereby exempts Walsh Park Benevolent Corporation, a not-for-profit corporation, from paying Town permit fees for their Walsh Park Affordable Housing Project. Judith T. Terry 61 Southold Town Clerk October 12, 1989 4 v. Town Hall, 53095 Main Road _ P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY , ;�%�J FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 10, 1989: RESOLVED that the Town Board of the Town of Southold hereby declares that it is the policy of the Board that the fees charged pursuant to the Town Code for affordable housing projects submitted by a not-for-profit corporation shall be waived; and BE IT FURTHER RESOLVED that each request pursuant to this policy shall be judged on a case by case basis by the Town Board.. Judith T. Terry od ow Cle Southold Town October 12, 1989 Y Town Hall. 53095 Main Road P.O. BOX 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 30, 1989 John Clavin P.O. BOX 684 Fishers Island, New York 06390 RE: Proposed Subdivision for Walsh Park. SCTM# 1000-6-2-3 . 1 Dear Mr. Clavin, The Declaration of Covenants and Restrictions submitted by John E. Schmeltzer, III on August 28, 1989, has been reviewed. and approved by the Town Attorney. Please instruct. your attorney that the. Declaration should. be filed in the Suffolk County Clerk' s office in Riverhead. The Liber and Page number of the recorded covenants and restrictions must be placed on the two ( 2) mylars and five ( 5) paper prints. that are to be endorsed by the Chairman. Please submit the rr{ylars and the paper prints to the Planning Board office for endorsement by the Chairman. Please advise who will be responsible for picking up the signed maps. If you have any further questions, do not hesitate to contact this office. .,,'Very tr ly o s, BENNETT ORLOWSKI, JR. CHAIRMAN cc: James A. Schondeba.re, Town Attorney Francis J. Murphy, Town Supervisor _- a� ��nFi TO: ►.i AUG 3 01989 FROM: James A. Schondebare, Town Attorney DATE: REF: r C � 01 C c -Al. 2a wv v my, PHT nslli,! WZY1 TO 1SInVS5IHvS H.Ut- LI -- Eli Eta 1[71 A I a U t, ,a L.-- tq J TwIs n=WaTIVA, WE W Of this 2ark Bete volant a Delaware not-for- cvj&cyaW;n having a SAW Of business at PattersOn, B" kAap, wabb & Tyler, 30 ROAM!!= pja2a, 1....;ew York New York 10112 , (hezoinafran raferred to as "Declarant" ) ? f,, of certain real ....... locavot on Pishers island, County of SuffOlk, State of Block 2 of Sevticn 6 in 0" Nuw fork , levignated asAct 3 - 1 " f rnal 000 , he Tax Map for the CountY C, propert! is mcrc-_ particularly de5cribed Vi . v. . Q....d to as the "Prop- to raperty being hereina. se, r nrty" ) ; and purs"ant to He Southold Code, Deciarant has SUIVILzed an application to the Planning Board of the Town & oDmication was been, suhalvide tho Property,-Ahish-0201i At. one Town 0 thnreo 10YU Seclars, that thn PrOP- ,,ty shall b& held, Said, WnVeYed , and occupied subject to the f,li,sing rostrictions , abligatiOns, and cavenantl;� , which AM[ ran witb rhosE PcrtiOns Of designated, and be ana inure to the Nn0fit 0", every Party hav"ng a ......t in the designated portions of the FrKerty or any part whsrem* anc;' their respective heirs , successors ' assigns, and legal representatives . ........ U,,I,r,tjon, "Wetlands- shall mear- th- final �7,uhdivision PIMT- ,11 lawdy 12signated as "Wet Area of Lhe propervy ,d "Open space" shall mean all lands designated as "Consorvnrlw , E,,,,ent" or "Remaining Land" On the final subdivision pW, of the property. 1 The open Space shall bn subject to the following cove"ants, rasLrictiuns and ohijgations2 . Any deed conveying all or a portiOn Of the QpM 1 M -e-ite that said property is subject tO SPUCS sha I the provision5 of t i hs Anticle I Of this Declara- tion; 1 MIRA P"b077TTYL II_ 151SW51821 2 . ov its succeasurs and assigns , shall be f0f maintaining the Open SPWO in -7 nanural conditioo and shall build no improv9mentg ( including, but not jimitm to, swimming pools , ,atjos, storage na17d1ng8 r otructures for housing of damesticutad animals , boats or trailera of an-y kind or Mar vehicles ) , the open spaco; prov id- ad, however , that Declarant, Or its succe"Ors and assigns , m6y, but shall not by obligated to, under- tnke such erQsion control, ,Ch planting of grass, ,h,ubs and tries , and such other vnhancemant,; Of 0,,, Sp,cc, a8 Deciarant shall deem appropriate 1,j,able to the mavLenance of the Open Space in such con8jtjon; ,and f its Successors and assigns , shall j,spect the open Spaca to determinc- - whethsr it has suffered vandalism or dampage 0 1 : ,Ate and shall take r,asonably appropriats action t astore the open Space to ite condition prior tQ wuch vandalism or dumpage and to prevent jurther vandalism or dumpage. or its succassors and assigns . shall not per- *!L any coastructiuh activities to be carried on the propalty withia 100 feet of the Osprey Nest, as n0tsd Oa page 2 of W final subdivision plat of the Property, BeLOSQU Mch 15 and August 1 Of a calendar year so I" as said nest ahall have Men used during the prsceding calendar year by osprey . its s,,cessnrs and assigns. shall not per- mit sy ccnatruntiDn activities Lo he carried an the inhin 100 feet of the wetlands . or its successors and assigns, shall cause U-) be parfarned m least once in ev'l�ry t-ar) rale-wia--c years CUMBALU, j,nuary 1 , _-Y licen2ad in the Kate Of New y9th for methane gas pres- onnsred 3j 9 5nd 10, 'Ing ,n tho final subdivision plat of Y A,, a,,d conveying all on a p ems:tUn Of thG lands COMM- 1...t8 umbered 2 , 9 and 10 on the final subdivi- Kon plat of the property shall recite that a former laa,fili was conducted on said lands and any deed con- vuying all or a pOrtiOn Of the lands constituting the TJ j'n jj FPa 1 QTVISAI 019100 Q%M 1516765192E K07 3 numbered lots on the final subdivisiOn Of the Property ,&,Ij cwtain 1,ngjagy noting the location of the forner landfill as nnned on the final subdivision of the Prow- erty. Fichcro island Water Company has undertaken to supply wator M the 1±,d, consvituting the numbered lots on the final subdivision plan of the Property and each of such anmbnred lots shall hn served by an on-site septic system. 1ho land deFignsted is ths Peter Sanger WaY On the final suUjivisjon plat of the Propany shall be dedicated to tha Town , SauthojU for usq as a public road,. j4, -M I-o-i bui Idings erecwd on the lands the final 1 through 12 an yabilviHon pint of the Property —1 L' -_ fj_t�)x, Gnt .ring lands ccnstituting to e Wetlands, a.8 d-atermined' t-Y sins . 1K. DnularanL shall prepare and record in the land records Or the connty Q Suffolk a Utility Ensemest in favQr 0-r, the Fishers island Utility Campapy coyariag the lands cosignated o" the final subdivision pin of the Property Emergenoy Fire a Utility Easement . '' Off-strAt parkAng shall be providad an each lot suskerad 1 through 12 on thG final suhdivision plat of che Property by means of driveways . X1 , Grojing of that portion of c-ach lot red 1 throngh 12 an the final subdivision plat of the Property not constituting open Space Mail be limited to that neces- sary ±ur siting and constr"Mian ( including foundations , utility service, driveways, public road and as otharwiBe set furth an the final subdivAion plat of the Property) Qf pAvats residyntial housing and erosion CUMTOI , witt the Avent of pTeserving or enhancing the general char- acter Qf the property and minimMing Mramater run-off and erosion. All . No further 3"bdinision of the property beyond those set furnh in the final subdivision plat uf the Property shall ho parmined,, and th lots 1 thr�o�qggjh and 33 �av shall nct be conveyed or dispoqed of b __bw� lakno -- Qt as one parcel , except a,� to the p ov., - - ;.cle x1v of this Damara- ticn . kill , TAW tonIn 0711 am oxclus Lve right to anfoxne t% "M Ono Y*t krtt in this WSAM- Zion, AnInji0q , �wt not Mmined to, the right to ye qnflk 00 rqn �monlwn K ary ponione V the opon spac ! zo va � mn priow v - a �Ynnnh of nhe cayonanrT or? to SIIKIwny nvt fortt in AMOM 1 of this onclaration- it aDy joyinn on �mlty suniv, any pazt A the Fropwrqy- shall not cone a Oat-Olt of its 0111qAtionx under AW %010�atvcn wityi� 71 Boys or lning nervw� with Writte.'', ap s"Qh jnfs�: � by th, Aganay, service "pcn th-:? Awfool-Ing party being made at its addreS5 in the on, vrds Ear the Cauntj of Sof Loin, Usn the AgIncy May nVowu =nh uqrp and file a Unn cn thn poruon of tW� PLa;anty owned hy the dofaKloin; party for the cowTs io- CALCOO in 0 �fan� " Aj such ourn . Toth 7ion Hall ha% v t4z, soon offGat, W may he OnEnrced in the save manner, as a lien Wr unpaid real estate tax AIV ThO !?-Tnrytin� ..Sr to avendne, cAncelled , or modified Coll ty a W11MY ltrumenc luly myscuted and filed in ohs 1201 �ecnfav of An County of EQ001k by oz j �y and assigno , wKsh instiament shall lwioo fnijorsvo ovinon the apgroval thansch hy thi'� Rge _y, w%jrh �Knjj Love we qxclusive right to ajVrnv%-x, all Et Wn, 01 modification, and. cocannt shall be raqWyed from ;=Wic body, jaivate person, or logo! entity Uf any kind . nv. Wx nQ0Q=tLCS is not intandec, and Malf not he can- �tzno ., to Croato any rQhts or powels ir any paryna n_, WnLLI� �00: ABS nyvlarsnr , its 5uccessorw and 15SIgnF , and the Agency. M TOVArant ONW ! as!! or 00herwAse 1.ryi5pany of all or pa�rj_m of its vateress in MY Property, then thn ob-, jLqz , ho"s of Doclarant herennAr with ranyeat to thz-2 Wwayarly Qx Any parlion sold or diwpGsne M ShIll M� .sswn _d ty the orananurns and Declaraot MAI be re-- 4 .d of Al obligations Refounder acccryingly, LVLI . phl , opciariLloo Ehall have punpeznz! Anzation e�ccpt M Dealarnav has Caunod "A5 0SCIVra- HQn to to Signed this day of 1989 . WRLSH VARK BENEVOLENT a DeAwarn BY! STATE OF NEW YORX 11 CUUNTY C)-'-,' s! h0fors me person- ally to me known, TA 0-vc � s not loj in�t to COMAS that he P3 faroyc 41 inlron- that to siqRci Als name uefinc like ordar Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 28, 1989 John Clavin P.O. Boy 684 Fishers Island, NY 06 RE:. Walsh Park SCTM #1000-5-2-3. 1 Dear Mr. Clavin: The following action was taken by the Southold Town Planning Board on Friday, August 25, 1989. RESOLVED that the Southold Town Planning Board.-approve and authorize the. Chairman to endorse the final maps dated July 31, 1989 subject to the following: 1. Approval of Covenants and Restrictions. by the Town Attorney. Satisfactory Covenants and. Restrictions must be filed with. the County Clerk. Final maps must state that Covenants and Restrictions have been filed and must include the liber and. page number.. Upon complition of the above, two mylars and five paper prints are to be submitted to the Planning Board office for the Chairman' s endorsement. If you have any questions please do not hesitate to contact this office. Very., truly yours, r. � ', BENNETT ORLOWSKI,JR. CHAIRMAN J. FAX COVER SHEET TO: ks2u FROM: :Sc9yj-1-c LA- DATE: Pages to follow: Additional Comments: IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL SOUTHOLD TOWN HALL at (516) 765-1800 r LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law; a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road Southold, New York in said Town on the 25th day of August, 1989 on the question of the following: 4 p.m. Final approval on the question of Walsh Park, map dated July 31, 1989, located at the Town of Southold, County of Suffolk, State of New York. SCTM #1000-6-2-3 .1. The property is bordered on the North by land now or formally of Peter P. Nitze, land now or formally of Thomas D. Duff,Jr: & Elaine A. Duff, by Crescent Avenue, by land now or formally of Robert O. & Margaret S. Meyer; on the east by Avenue B, by land now or formally of Henry M. & Annett Zabohonski; on. the South by Fox Avenue; on the west by Crescent Avenue. Any person desiring to be heard on the above matter should appear at the time and place specified. . Dated: August 15, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE BEFORE AUGUST 21, 1989 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: NEW LONDON DAY SUFFOLK TIMES LONG ISLAND TRAVELER/WATCHMAN s CHANDLER, PALMEI _ & KING ARCHITECTS, ENGINEERS & SURVEYORS ,lr;,• T, 1 10 BROADWAY, NORWICH, CT 06360 203-889-3397 PERCY JOE KING,A.I.A. RICHARD H.STROUSE, P.E., L.S. GORDON C. HYDE,A.I.A. �' �` i� i August 4, 198.9� 6ily ;+ li AUG 1 a 1989 SO THOLD sOVIM� DEPARTMENT OF HEALTH SERVICES Wastewater Management Section Suffolk County Center Riverhead, N. Y. 11901 Att: Peter Akras Re: Walsh Park, Fishers Island Dear Sir: At the request of John Clavin, I am forwarding two (2 ) mylar copies of our plan for your approval. Very trul your , Richard H. Strouse RHS:mma Enc. cc: John Clavin Town Hall.153095 Main Road P.O. Box 1179 `.;h? "` °➢�'��� 1 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 15, 1989 Donn Clavin Walsh Park Benevolant P.O. Box 684 Fishers Island, NY 06390 RE: Walsh. Park SCTM #1000-6-2-3 .1 Dear Mr. Clavin: The following actions were taken by the Southold Town Planning Board on Monday, August 14, 1989. RESOLVED that the Southold Town Planning Board request. the following covenants and restictions: (Note that underlined items differ from those which were submitted on July 31, 1989. ) 1. No construction related. activi.ties within. 300 feet of the Osprey nest will happen between March 15 and August 1. 2. No building activity or land clearing shall. occur within 100 feet of the wetlands. 3. Bi-annual. sampling for methane shall be undertaken by the Walsh Park Benevolent Corporation every two years after occupancy permits are issued for houses built on the site. 4. No building envelopes or building setback lines shall happen within the landfill area. - 5. Property deeds for lots numbered 8 , 9, & 10 will advise future owners that a former landfill is on the site. All prospective owners of _lots within the subdivision shall be informed by means of an advisory covenant of the location of the property to the abandoned landfill site. 6, The Fishers Island Water Company shall provide water to the site. 7. Proposed road to be dedicated to the Tom of Southold. -.- B. All lots to be serviced by on site septic systems. 9. If required, leaching basins to be installed for roof and driveway run-off. The need for these basins to be determined at the time of construction. 10. 15 foot Utility Easement to be deeded to one or more of the following: -Fishers Island Electric Company -Fishers Island Water Works -Fishers Island Telephone Company i 11. Off-street parking must be provided. 12. Clearing and grading within each lot shall be limited to that necessary for siting and construction a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 13. There shall be no further subdivision in perpetuity of any of the lots within this subdivision. 14. The following terms and conditions shall apply to all land lying within the wetland and conservation easement area as designated on the final subdivision map: A. No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools, patios, storage buildings, structures for the housing of domesticated animals, boat or other trailers, recreational vehicles, retaining walls and bulkheads. B. The easement area shall remain in its natural state. It is not to be cleared of the indigenous vegetation of the area. Nor shall it be mowed and planted to grass. C. The easement area shall not be filled with either soil, sand, or other debris. including brush. D. The easement area may be traversed by a walkway, whether elevated or on the ground, provided proper wetland permits can be obtained from the applicable agencies, which may include the Board of Trustees and the New York State Department of Environmental Conservation. E. Anv disturbance to the land within the easement shall be redressed by the restoration of said land to its prior natural state. A draft Declaration of Covenants and Restrictions incorporating the above items must be submitted. to the Planning Board for review. The above Declaration_ of Covenants and Restrictions which the Board has requested. addresses Numbers 1-3 of the County Planning Commission report. Numbers 4 and 5 of the report have already been incorporated in the revised plans which have been submitted. by the applicant. RESOLVED that the Southold Town Planning Board set Friday, August 25, 1989 at 4 p.m. for the final public hearing on the map dated July 31, 1989. If you have any questions, please do not hesitate to contact this office. ,'Very truly yours�, s�lf``-``FrE�TNTT ORLOWSK,JR. CHAIRMAN it 11 � � 13 L�,YY.�=�� -_`�-'� 'Ff�•z���_..�1_ 71 i// c��FFOU�c� if__;t AUG 11989 v' -IF Town Hall, 53095 Main Roa` P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY TOWN CLERK FAX(516)765-1823 REGISTRAR OF VITAL STATISTICS TELEPHONE(516)765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 9, 1989: WHEREAS, the Town Board of the Town of Southold is in receipt of the proposed Declaration of Covenants and Restrictions for the subdivision known as Walsh Park, Fisherslsland, and owned by the Walsh Park Benevolent Corporation; now, therefore, be, it RESOLVED that the Town Board hereby accepts the proposed Covenants and Restrictions for the subdivision known as Walsh Park, subject to the approval of Town Attorney Schondebare. ^J`u'd�1Tth5--T-'. Terry ! � Southold Town Clerk August 10, 1989 i SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. � Roland Anders C� (1922-1959) - /��d 96—� Francis J.Lynch Chester C. Kelsey, P.E.,L.S. 45 Manor Road Phillip Schlotzhauer Robert A.Stanton,P.E. --y �, 1. Joseph F.Stegman Robert W. Brown,L.S. Smithtown, N.Y. 117$'7 5 1 �'i William T.Styne Zabdiel A.Blackman, P.E., L.S. (516) 724-0611 Gs" �"" T-''`" Richard B.Weber Frank J.Antetomaso, P.E. LnTHOL 9 1989 -George A.Style, P.E. Jerry D.Almont, P.E. George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. !f1�V4d Paul F.Stevens,P.E. 1 Roger L. Cocchi, P.E. a PLANNING BOAR Thomas R. Pynchon, L.S. August 7, 1989 Mr. Bennett Orlowski, Jr. , Chairman Planning Board Town of Southold 53095 Main Road Southold, New York 11971 Re: Walsh Park Subdivision at Fishers Island S.C.T.M. No. 1000-6-2-3.1 (SBB No. 87420) Dear Mr. Orlowski: Enclosed please find a Bond Estimate for the above referenced project. If you have any questions, please contact this office. Very truly ,yours, SIDNEY B. BOWNE & SON COONNSULTING - E-N-GINEERS VINCENT MARICONDA VM:clg Encl . MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H SIDNEY B. BOWNE & SON P *ust 7, 1989 BOND ESTIMATE FOR WALSH PARK SUBDIVISION AT FISHERS ISLAND TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK UNIT ITEM DESCRIPTION QUANTITY PRICE AMOUNT 1. Unclassified Excavation 500 c.y. 6.00 $ 3,000.00 2. Roadway Fill 220 c.y. 8.00 1,760.00 3. Fine Grading 2,200 c.y. 1.50 3,300.00 4. Furnish and Install Leaching Basins - 10' O.D. 32 v.f. 300.00 9,600.00 5. Furnish and Install Catch Basins 3 ea. 2,000.00 6,000.00 6. Furnish & Lay 18" RCP 80 l .f. 30.00 2,400.00 7. Saw Cut 100 l .f. 3.00 300.00 8. Concrete Curb 1,650 l .f. 10.00 16,500.00 9. Dense Graded Aggregate Base Course - 4" Thick 250 c.y. 40.00 10,000.00 10. Bituminous Pavement Binder Course - 1-1/2" Thick 180 Tons 60.00 10,800.00 11. Bituminous Pavement Wearing Course - 1/112" Thick 180 Tons 60.00 10,800.00 12. Topsoil & Seeding 2,800 s.y. 5.00 14,000.00- 13. Concrete Mounments 15 ea. 80.00 1,200.00 14. Street Trees 40 ea. 200.00 8,000.00 15. Street Signs 2 ea. 250.00 500.00 16. Underground Electric Facilities Job L.S. 9,000.00 17. Maintenance and Protection of Traffic Job L.S. 5,000.00 SUB - TOTAL = $112,160.00 5% INSPECTION FEE = 5,608.00 TOTAL = $117,768.00 SBB NO. 87420 V.M. D/121 Sheet 1 of 1 CHANDLER, PALMER & KING ARCHITECTS, ENGINEERS & SURVEYORS 1 10 BROADWAY, NORWICH, CT 06360 203-889-3397 PERCY JOE KING,A.I.A. RICHARD H.STROUSE, P.E., L.S. GORDON C. HYDE,A.I.A. August 4, 1989 Town of Southold AUG Town Planning Board AUG .. E 1989 53095 Main Road j Southold, N. Y. 11971 SW HOLD PLANNIPIG BOARD e Att: Melissa Re: Walsh Park Dear Melissa: At the request of John Clavin, I am forwarding 1 set of plans for the Walsh Park Subdivision. Very truly yours, s Richard H. Strouse RHS:mma Enc. cc: John Clavin QV 9Csfze¢a Jif.nd, e/V T. o6390 rp :f ALG 31989 July 21 , 1989 SOt fHo PLIIP�Ali)�i� Mr . Bennett Orlowski Jr . Chairman Town Planning Board Town of Southold Southold , NY 11971 Dear Mr . Orlowski , In Your letter of May 18, you asked for a copy of the covenants and restrictions that we will filed with Suffolk County. Attached is a copy of those we presently plan to file. We have not included any of the items suggested by the Suffolk County Dept . of Planning , pending your acceptance of their items. As you know we have submitted a plan for the maintenance of the open space to -the Town Attorney. We hope this plan will be acted upon favorable at the Aug . 1st Town Board meeting . We will modify our covenants and restrictions to meet your requirements. Please let me know what should be added , deleted or modified . I can be reached at 788 - 7001 during office hours. Sincerely, 6jo n Clavin QVaf ifi j atk�/ BEY2F_(7oCEn.E (-PLO. �Ox 604 9!.Afi u ffipp and, =-NEur Tozk o6390 ^ ' WALSH PARK AFFORDABLE HOUSING Covenants and Restrictions: 1 ) No construction related activities within 300 feet of the Osprey nest will happen between March 15 and August 1 . 2) No building activity or land _aeej clearing shall occur within 100 feet of the wetlands. 3> Biannual sampling for methane shall be undertaken by the Walsh Park Benevolent Corporation for two years after occupancy permits are issued for houses built on the site. 4 > No building envelopes or building setback lines shall happen within the land fill area. ` 5) The Fishers Island Water Company shall provide water to the site. 6) Proposed road to be dedicated to the Town of Southold . 7> All lots to be serviced by on site septic systems. 8) 15 foot Utility Easement to be deeded to one or more of the following : - Fishers Island Electric Company - Fishers Island Water Works - Fishers Island Telephone Company. � QV. 13!Avu -Maud, cJV.2J 06390 8 IK 2 JUL � �, & fl SOUTHOL TO N —F'—11211111 BOARD July 21 , 1989 Mr . Bennett Orlowski Jr . Chairman Town Planning Board Town of Southold Southold , NY 11971 Dear Mr . Orlowski , As requested in your letter of May 18, listed below are the "public" or common improvements that will be constructed in our Affordable Housing development . 1 . Paved road- with curbing . 2. Sufficient catch basin and holding tanks to care for for all run off. 3. A new 6 inch water line to serve all houses. 4. Electric and telephone service to all homes. 5. Landscaping , ground cover and planting . 6. Street lighting and one emergency call box . l hope this list meets your requirements. Please call me for any additional information. Sincerely oh Clavin QVafifii _(J-Datk Ben,EvofF_nt n Lox 68q 9isfivci -Ma►zd, chew (yo%k o6390 PATTERSON, BELKNAP, WEBB & TYLER A PARTNERSHIP INCLUDING PROFE55IONAL CORPORATIONS 30 ROCKEFELLER PLAZA NEW YORK, N.Y.10112 (212) 698-2500 1875 CENTURY PARK EAST TELEX: 423897 PBW UI 1730 PENNSYLVANIA AVE..N.W. LOS ANGELES,CALIFORNIA 90067 TELECOPIER:(212)956-3153 WASHINGTON, D.C.20006 (213)557-1000 (202)783-5518 TELECOPIER:(213)557-1698 TELECOPIER:(202)783.6769 WRITER'S DIRECT DIAL NUMBER: JUL 1 1 , 7 1989 �'�rlfUf•dl�lQ i J ,j July 26, 1989 FEDERAL EXPRESS Robert Berntsson, Esq. Assistant Town Attorney Town of Southold P.O. Box 1179 Town Hall Southold, New York 11971 Walsh Park Benevolent Corporation Dear Mr. Berntsson: As discussed earlier and in the absence of Mr. Schondebare, I enclose a draft of a Declaration of Covenants and Restrictions for your office's consideration in connec- tion with the subdivision pending on behalf of Walsh Park Benevolent Corporation. Although maintenance of insurance was covered by my prior letter and is provided for in paragraph 3 of the Declaration, I would prefer to provide for appropriate levels of insurance in an unrecorded agreement requiring Walsh Park Benevolent Corporation to maintain appropriate levels of insurance, since recording of insurance requirements may act as an inducement to third party suits . fJ C.. (,, I look forward to receiving your office's comments and hope that we will be in a position to go on the agenda in the first full week of August. Thank you very much for your assistance. Very u y .,vours, John.F.. Schmeltzer i III cc: Ms . Valarie Scopaz "(w/enc . ) Mr. Mark Andrews (w/o encs . ) Mr. Frank Burr (w/o encs . ) Mr. John Clavin (w/o encs . ) Draft/7/27/89/sfge.s02ll/001/re0502/dec .cove/drp/41 . 1267 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this day of , 1989, by Walsh Park Benevolent Corporation, a Delaware not-for- profit corporation having a place of business at Patterson, Belknap, Webb & Tyler, 30 Rockefeller P1aza, ' New York, New York 10112 , (hereinafter referred to as "Declarant" ) , W I T N E S S E T H THAT WHEREAS, Declarant is the fee owner of certain real property located on Fishers Island, County of Suffolk, State of New York, designated as Section No. 006 on the Assessor Map of the Town of Southold, which real property is more particularly de- scribed in Exhibit A annexed hereto (such real property being hereinafter referred to as the "Property" ) ; and WHEREAS, pursuant to the Southold Code, Declarant has submitted an application to the Town Board of the Town of Southold to subdivide the Property; NOW, THEREFORE, Declarant hereby declares that the Prop- erty shall be held, sold, conveyed and occupied subject to the following restrictions, obligations and covenants, which shall run with those portions .of the Property designated as Open Space, as hereinafter defined, and be binding upon, and inure to the benefit of, every party having a fee interest in the Open Space or any part thereof and their respective heirs, successors, assigns and legal representatives . All land designated as "Conservation Easement" or "Re- maining Land" on the final subdivision plat (collectively, here- inafter referred to as "Open Space" ) shall be subject to the fol- lowing covenants, restrictions and obligations : 1 . Any deed conveying all or a portion of the Open Space shall recite that said property is subject to this Declara- tion. 2 . Declarant, or its successors and assigns , shall be responsible for maintaining the Open Space in a natural condition and shall build no improvements on the Open Space; provided, how- ever, that Declarant, or its successors and assigns , may, but shall not be obligated to, undertake such erosion control, such .planting of indigenous grass, shrubs and trees , and such other 2 enhancements of the Open Space, as Declarant shall deem appropriate or advisable to the maintenance of the Open Space in such condition. 3 . Declarant, or its successors and assigns, shall maintain property damage and personal injury insurance in amounts not to exceed $ covering injuries or damages occurring on the Open Space and shall pay all real estate taxes on the Open Space as they become due. 4 . Declarant, or its successors and assigns , shall regularly inspect the Open Space to determine whether it has been suffered to vandalism or dumpage of waste and shall take reason- ably appropriate action to restore the Open Space to its condition prior to such vandalism or dumpage and to prevent further vandal- ism or dumpage. 5 . The Town Board of the Town of Southold or any successor thereto (the "Agency" ) shall have exclusive right to enforce the covenants and restrictions set forth in this Declaration. If any person or entity. shall not cure a default of its obligations under this Declaration within 30 days of being served with.written notice of such default by the Agency served upon the defaulting party at its address in the tax records for the County of Suffolk, then the Agency may effect such cure and file a lien on the Open Space or portion thereof owned by the defaulting party for the costs incurred in effecting such cure. Such lien shall have the same effect, and may be enforced in the same manner, as a lien for unpaid real estate tax. 6 . This Declaration may be amended, cancelled, or mod- ified only by a .written instrument duly executed and filed in the Land Records of the Town of Southold by Declarant, or its successors and assigns, which instrument shall have endorsed thereon the approval thereof by the Agency, which shall have the exclusive right to approve any such amendment, cancellation, or modification, and no other approval or consent shall be required from any public body, private person, or legal entity of any kind. 7 . This Declaration is not intended, and shall not be construed, to create any rights or powers in any person or entity other than Declarant, its successors and assigns , and the Agency. 8 . If Declarant shall sell or otherwise dispose of all or a portion of its interest in the Open Space, then the obliga- tions of Declarant hereunder shall be assumed by the transferee in the same proportion as the area of the transferee's interest in the Open Space bears to the total area of the Open Space, and Declarant shall be relieved of its obligations hereunder .accordingly. 3 , 9 . This Declaration shall have perpetual duration ex- cept as otherwise provided herein. IN WITNESS WHEREOF, Declarant has caused this Declara- tion to be signed this day of , 1989 . WALSH PARK BENEVOLENT CORPORATION, a Delaware not-for-profit corporation By: STATE OF NEW YORK ) 's s : COUNTY OF SUFFOLK ) On the day of . 1989 , before me person- ally came , to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of Walsh Park Benevolent Corporation, the Corporation. described in and which executed the foregoing instru- ment by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. Notary Public QV.f giAuxi �/V.T. o634u 989 JUL 2 July 25, 1989 Mr . Bennett Orlowski Chairman Town Planning Board Town Of Southold Southold , NY 11971 Dear Ben, Attached is a copy of a letter sent to the Town Building Dept . today. It advises of our "stop work" at Walsh Park and apologies for our early start. I hope that our activity has not caused your Board to be upset or embarrassed . We certainly had the best of intensions and felt we were acting within the approval process. I was obviously wrong . We now are dead in the water awaiting final approval ' Hopefully the "Open Space" plan will be acceptable to the Town and your Board can hold the final hearing ' We all look forward to that day. When this project is complete, we must take time to review the process. It just seems wrong` to have taken this long . Two years and we still haven ' t received final approval ! I ' m sure part of the problem was doing it with volunteers but some of the hurdles in the approval process have been unnecessarily drawn out . If we are on "fast track" , this engineer has taken a wrong turn or two . Sincerely, � n Clavin -�� (��-~y ' v�afim _r-^^zm rk ell 9il iers -qi[and, ,=J-V. y• o6390 .JUL 27 1989 ' July 24, 19eg � — i' SOUTHOLD ON Mr . Victor Lessard NLA�J�d1;9OD�7Ai�� Building Dept . Town Of Southold Southold , NY 11971 Dear Victor , As directed by your department , we have stopped site work at Walsh Park . We regret the necessity for this termination because it will delay the project and increase the cost of the construction. This will ultimately be borne by the purchasers of .the Affordable Housing homes. As explained to you, we had negotiated the contract for road construction before the Town code was changed to require Planning Board approval . We were not, aware that our preliminary approval and road approval were inadequate before the necessary earth moving equipment had been transported to the Island and work had started . As you know our final approval is pending and seems to only need the Town to accept the plan for "Open Space" . We understand the Town Attorney is in agreement and the Town Board may have it on their Aug . 1st agenda. I am personally sorry to have caused any problems by our action. While the process for approval of this desperately need project has seemed unnecessary slow for a "Fast Track" Affordable Housing project , we have nevertheless received the utmost cooperation from all parts of the Town government . If there is any blame for our early site work its all mine. I guess it ' s the kind of error you could expect from an amateur "prime contractor" . Volunteers have their place and their- limitations. Please accept my apology. Sincerely, John Clavin (Wafifii _(-fDatk J23EnF-L7o[F-nt PD. Box 68g 9!AF-41 -qsCand, ,-IV4,, (y,4 o6390 �++ •��F'S'it�', F.'j�1:'Sl,°q a `'�. ri�7 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 1971 TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James A. Schondebare, Town Attorney FROM: Valerie Scopaz, Town Planner DATE: June 21, 1989 RE: Walsh Park Benevolent Corporation: Alternate. Proposal for Ownership and Management of Clustered Open Space. The letter of John E. Schmeltzer, III, attorney to Walsh Park Benevolent Corporation, was reviewed. The proposal being put before the Planning Board and ultimately the Town Board is a unique one. In essence, the Corporation would like to retain for itself the open space lands which customarily would be placed. either in the common ownership of the clustered. lots within the subdivision or in the public domain. Further, the Corporation would like to retain ownership of each of -the clustered building lots in the hopes of keeping the resultant lessee-owned housing in the affordable range. The streets however would be dedicated to the Town. As noted in the attached memorandum to Charles Watts, I am checking whether there are any impediments. to assessing the property as proposed by Mr. Schmeltzer. With regard to the restrictive declaration which is laid out on page three of Mr. Schmeltzer' s letter, I have only one comment. In Section (ii) , the wording suggests that further subdivision of the open space may be provided for by the Town Board. The Town Board may provide for the erection of structures, but cannot provide for the subdivision of that land.. Neither the Town Board nor the Planning Board can subdivide open space created by clustering. (NYS Town Law, Section 281a.) . A small change in the wording would eliminate the ambiguity in that section. When I receive Charles Watts' comments, I will pass them along to you. If possible, I would . like. to resolve this in time for the Planning Board's July 10th public meeting so that an August final hearing date can be set. cc: Bennett Orlowski, Jr. , Chairman • • • LEI 1 PATTERSON , BELKNAP, WEBB & TYLER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 30 ROCKEFELLER PLAZA NEW YORK, N.Y. 10112 a 5 (212) 698-2500 - *""`�'°���� t CH RISTOPH ER C.ANGELL STEPHEN A. LEFKOWITZ TELEX:423697 PBPP�p1 IB75 CENTURY PARK EAST CRAIG B.BRIGHT ROBERT P.LoBUE TELECOPIER:(212)956 16S (�� � 1�. 1�OS ANGELES, CALIFORNIA 90067 HENRY P. BUBEL MARY M.LURIA }j ��M s I� JOEL L.CARR ELLEN M. MARTIN CJJFv4�`+�1 Il (2 557- I p� Q � � �T 55767-1699 HERBERT H.CHAICE THOMAS C.MORRISON IuN 1ELECOPIER:l213) FREDERICK T.DAVIS FRANKLIN E.PARKER V 114 I DAVID H.DIAMOND ROBERT M.PENNOYER 1730 PENNSYLVANIA AVE., N.W. GREGORY L.DISKANT JOHN P. PERSONS ,,,q•��` W1. (202) 7865D. C. 20006 18 DAVID F.DOB81NS EVELYN A.PETSCHEK# DAVID W.DYKHOUSE THOMAS W.PIPPERT nS�"�� �ss s— TELECOPIER:7 218 36 769 �'� ' ROBERTJ. EGAN JAMES H.POWELL -J ROBERT H.M.FERGUSON FRED C.ROSENBERG COUNSEL: PHILIP R.FORLENZA EDWARD M. ROSENFELD,P.C.t JANET L. BLAKEMAN ROBERT E.FREER,JR.- JOHN E.SCHMELTZER,III STEVEN C.CHAREN MAX FRIEDMAN JOHN P.SCHMITT HELMUT F. FURTH t EUGENE M.GELERNTER STEPHEN W.SCHWARZ FREDRIC C. LEFFLER EUGENE L.GIRDEN KARL E.SEIB,JR. RICHARD A. LEVIN DAVID M.GLASER RICHARD P.SEIDEN June 16 1989 KEVIN J. PRENDERGAST HOWARD J.GOLDMAN WARREN J.SINSHEIMER STEPHEN J.SCHREIBER ANTOROBERT B.SHEA JANE B. M.GRUMBACH HARTHEOLD R.TYLER,JR. JAMES C.STEARNS• JANE B.JACOBS TH EODORE B.VAN ITALLI E,JR. JEROLD D.JACOBSON IRA T.WENDER,P.C. t RESIDENT IN LOS ANGELES OFFICE ARTHUR H.KROLL TOGO D.WEST,JR.* RESIDENT IN WASHINGTON.O.C.OFFICE WRITERS DIRECT DIAL NUMBER: (212) 698- 2580 FEDERAL EXPRESS Ms . Valarie Scopaz Town Planner and James Schondebare, Esq. Town Attorney Town of Southold P.O. BOX 1179 Town Hall Southold, New York 11971 Walsh Park Benevolent Corporation Dear Ms . Scopaz and Mr. Schondebare: This letter is submitted in supplement to the applica- tion by Walsh Park Benevolent Corporation ( 11WPBC" ) to the Town Board for subdivision of a 24-acre parcel on the West end of Fish- ers Island sought in connection with the Walsh Park Project under- taken by WPBC to provide low-to moderate-income housing on the Island. Due to the unique nature of the Project, formation of a homeowners association is not contemplated and accordingly, this letter will outline WPBC's proposal to satisfy Section 100-181 of the Southold Code. I appreciate your patience and the time you have spent with representatives of WPBC in connection with these matters . As discussed on the telephone, it has been the intention of Walsh Park Benevolent Corporation ( "WPBC" ) to retain the owner- ship of Lots No. 1 through 12 on the subdivision plat submitted to -2- the Town Board by WPBC (the "Subdivision Plat" ) and to lease such Lots to applicants, which satisfy the low-to-moderate income stan- dards set by WPBC, pursuant to a long-term Ground Lease. The Ground Lease contemplates that the lessee of each Lot will in turn purchase and erect on his or her Lot a single-family house to be selected from predetermined models . The approach of using the long-term Ground Lease has been chosen by WPBC to ensure that each of the building lots will remain in the housing stock available to low-to-moderate income residents of Fishers Island. In this connection, it is contemplated that, although WPBC would remain the record holder of each of the Lots, the les- see under each .Ground Lease would undertake to pay the taxes at- tributable to the Lot occupied by such lessee. If not so paid, WPBC would remain responsible for the taxes and pay same. Accord- ingly, it is hoped that the Town of Southold would approve sepa- rate tax lot status for each of the Lots 1 through 12 . In addi- tion, it is contemplated that after dedication of the proposed public road, the remaining eight acres not included in the Lots would also remain the property of WPBC and be designated as a sep- arate tax lot (the "Open Space" ) . Within this structure, it is contemplated that there would be no common areas to be owned by a homeowners association. However, in order to assure the "preservation of the natural and aesthetic attributes of the wetlands" of the Open Space within the twenty-four acres which is the subject to the proposed subdivision and provide for proper maintenance of the Open Space, it is con- templated that a conservation easement or restrictive declaration would be recorded against title to the portion of the subdivision constituting the Open Space. In addition, the Ground Leases cov- ering each of the twelve building Lots would prohibit construction of structures on the twelve Lots other than as permitted in the Subdivision Plat and provide for the orderly maintenance of the Lots by their respective lessees, including the right in WPBC to cure any default with respect to such prohibition and maintenance at lessee's expense. Although Section 100-181 of the Southold Code contem- plates that a homeowners association or other mechanism be estab- lished to enforce the conditions of the ownership, use and mainte- nance of common areas within a subdivision as established by the Town Board, Section 100-181 provides that a homeowners association shall not be the exclusive vehicle for enforcing such conditions . Section 100-181 G. ( 1) . It is contemplated that, although there will be no common space within the proposed subdivision, the area constituting the Open Space in the subdivision will remain in its current natural state in perpetuity, except for erosion control, planting of indigenous grasses, shrubs and trees and other en- hancements of the natural state of the Open Space, unless variance therefrom is obtained from the Town Board, by virtue of such area -3- remaining the responsibility of WPBC and being subject to a con- servation easement or restrictive declaration. In order to address the specific obligations with re- spect to the Open Space contemplated by Section 100-181, it is contemplated that the conservation easement or restrictive decla- ration would provide that: (i) WPBC would remain responsible for maintaining the Open Space in a natural and environmentally sound state, without structures or other man-made con- struction, except to the extent that WPBC deems it appropriate to the maintenance of the appearance of the Open Space to undertake erosion control and the planting of indigenous grass, shrubs and trees or other natural enhancements (Section 100-181) G (a) , (b) and (d) , H and K) ; ( ii) WPBC and successors in interest would not be perms mitted to further subdivide or erect structures on the Open Space, except as provided in (i) above, without approval of the Town Board (Section 100-181 (H) ) ; (iii) Any deed to the Open Space would include reference to the easement or declaration (Section 100-181 ( I) ) : ( iv) WPBC would undertake to maintain agreed upon levels of insurance with respect to, and pay real estate taxes accruing on, the Open Space (Section 100-181 J and K) ; (v) WPBC would agree to supervise the Open Space and regularly inspect same to prevent dumpage of waste or vandalism; and (vi) WPBC would agree to a procedure pursuant to which the Town Board would be authorized to (a) serve notice of default by WPBC of its obligations under the easement or declaration, (b) require curing of such default and (c) in the absence of such curing, effect such cure and file a lien on the Open Space for the expense thereof (Section 100-181 M) . It is believed that the recording of the aforesaid con- servation easement or restrictive covenant containing the afore- said terms, which would be enforceable by WPBC, any successor in interest and the Town of Southold should satisfy the requirements of Section 100-181 . -4- It is likewise contemplated that WPBC would continue as the taxpayer with respect to the Open Space. Due to WPBC 's not- for-profit status, receipt of an Internal Revenue Service Section 501 (c) (3) determination letter and continuing financial and nonfi- nancial support by the community, together with WPBC's intention to undertake additional project consistent with its charter, there should be little concern as to WPBC's intention and abilities to meet its obligations with respect to taxes and the Open Space. In view of the fact that the proposed subdivision does not contemplate common space within the usual sense and in view of the nature of the proposed conservation easement or restrictive declaration, I believe the Town Board should be assured of being able to preserve the natural and aesthetic attributes of the area and satisfy the mandate of Section 100-181 and accordingly, we would hope that the foregoing proposal would satisfy the Town Board concerns . In addition, we are deeply appreciative of the patience of, and efforts made by, your offices and the Town Board in connection with this unique, but deserving, project. We would be happy to supplement or revise the foregoing proposal consistent with the needs of the Town Board to satisfy its obligations to the community. Again, I thank you for your patience and assistance. Ver o r ohn Schmeltze , III cc : Mr. Mark Andrews Mr. Frank Burr Mr. John Clavin �� Town Hall. 53095 Main Road f' P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765:1938 PLANNING BOARD OFFICE t : TOWN OF SOUTHOLD Robert Brown Sidney Bowne & Sol, 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: f Pursuant to your agreement with the Town of Southold, the Southold i Town Planning Board hereby refers the following: I Application of (Major subdivision, minor subdivision, site plan) _�lst, �ar kc Hamlet MATERIAL SUBMITTED: File # 97142,C) Suffolk County Tax Map No. /000 - Sketch plan j Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other Comments: Very truly yours, • a BENNETT ORLOWSKf, JR. ,C/ IR'IANj SOUTHOLD TOWN PLANNING B&�kD The North Hill Association C/o Talcott Stanley - nn {� 23 Pilgrim Road V u � West Hartford CT 06117SS Km j;AY - � 1�p ANW 6��RD April 28, 1989 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Town Hall Main Road Southold, NY�11971 Attention: VMs. Valerie Scopaz, Town Planner Re: Walsh Park Subdivision; Fishers Island, NY Dear Sirs: We are writing to express our views on the preliminary subdivision plat prepared by Chandler, Palmer & King (CPK), surveyors, and dated November 3, 1988, for the above-captioned major subdivision. We have recently obtained a copy of the April 10, 1989 letter from the Department of Planning of Suffolk County, reflecting its deliberations and the conditions to its approval for this proposed subdivision. We understand that the proposed subdivision plat (revised as of January 30 and February 8, 1989) is presently before you for review. We are contacting you now while the plat is still in a preliminary stage As you will recall, the North Hill Association is a group of approximately 25 families, which includes year-round residents, most of whose homes and properties adjoin or overlook the proposed Walsh Park development. During the past year, we have had a series of meetings and conversations with the leaders of Walsh Park to express our views. As concerned residents in the area, we are pleased that the Walsh Park leaders have incorporated many elements to improve the proposed cluster development and safeguard this sensitive locality on the West End of Fishers Island, including: o a cul-de-sac plan with additional emergency access o appropriate setbacks from the wetlands and the osprey nest o conservation easements to protect the perimeter lands and wetlands and to restrict development on rear portions of building lots o location of houses as easterly and low as possible o appropriate plantings to enhance natural vegetation. Within the past two weeks, we have expressed to the Walsh Park leaders our concerns regarding the proposed subdivision plat. We have also reviewed with them the content of this letter. However, we now feel it is important to bring these matters directly to your attention. As you are aware, within the proposed subdivision, there is a knoll covered with natural vegetation. Its summit rises to 56 feet above sea level, more than 35 feet above the elevation of most of the surrounding tract (where the cluster of houses would be located) which, in contrast, is very open and flat with sparse vegetation. The knoll is the most prominent feature of the local topography and existing environment in the - 2 - 0802E ' North Hill area. We believe it has great importance for both scenic and conservation purposes. Because its sides have steep slopes, any encroachment would easily destroy the integrity of this promontory and the atmosphere it creates, and could lead to serious erosion. We have always assumed that the knoll would be protected within the conservation area of the subdivision. Beyond this, we understood that it would remain undisturbed in its natural state and would not fall within any of the building lots. It now appears to us, however, that the Chandler, Palmer & King I survey filed for the subdivision plat varies from the Walsh Park sketch we endorsed at the Planning Board hearing, held at Fishers Island,i on October 14, 1988. We have only recently had an opportunity to study the CPK subdivision plat. We feel that it contains serious problems with the knoll and with lots #6 and V, which were not apparent on the original subdivision sketch prepared by SWA Group, the land planners for Walsh Park. The SWA sketch was merely schematic and the topographical contours were hardly visible on it. The present CPK survey, with clearly defined contours, not only shows some lot lines that differ markedly from the original SWA sketch, but it also reveals three matters of great concern: 1) the building envelope for lot #6 perches on the haunch of the knoll and a house located there would be awkwardly visible from many points in the area, 2) the boundary line for lot #7 cuts high across the steep slope of the knoll, and the building envelope includes much of that slope and the crest of the knoll; and - 3 - 0802E 3) grading is proposed on the south side of the knoll from contour 38 to contour 24 and on the east side from the summit 56 to contour 36. Enclosed is a drawing prepared by James V. Righter. We recommend Mr. Righter's sketch as the basis for adjusting the CPK survey to resolve these matters. As you probably know, Mr. Righter is an architect who has done a great deal of work on Fishers Island. He has a home in the North Hill area and was invited by Walsh Park to work with SWA Group, to assist in planning the development and enhancing the appearance of the houses to be built. Mr. Righter's rendering shows how it is possible to adjust the lot lines for lot #6 and lots #7-12, in order to avoid encroaching on the knoll. At the same time, his rendering a) requires no change in the location of the cul-de-sac road, b) preserves the setbacks from wetlands, osprey nest and Fox Avenue, c) maintains the minimum lot size specified by the Southold Town Planner, and d) avoids placing building envelopes over the old dump site. Mr. Righter's adjustments also would reduce considerably the regrading of lots #6 and #7 and eliminate grading of the knoll indicated by the present CPK plat. The objective of preserving the fragile knoll ungraded and uneroded, its vegetation unspoiled for scenic and conservation purposes, was endorsed early on by the leaders of Walsh Park. This objective is also a matter of extreme importance to us. Beyond this, we believe that preserving the knoll would be beneficial to all inhabitants of Fishers - 4 - 0802E Island and to future residents of Walsh Park. We note that this view is consistent with the preservation of natural vegetation and aesthetic attributes of the site discussed in the Suffolk County letter. As there is general agreement with this objective, we request that approval of the preliminary subdivision plat be conditioned on adjusting the lines for lot #6 and lots V-12, based on Mr. Righter's enclosed sketch. This is clearly the optimum way to preserve the fragile knoll. It, therefore, will have our full support. Our position, as expressed above, is also supportive of the requirements of the Suffolk County letter, particularly as to item 2 (grading and clearing) and item 5 (Emergency Fire and Utility Easement). Finally, consistent with item 7 of the Suffolk County letter, we urge that your approval of the Walsh Park subdivision plat also be conditioned on the incorporation of strong, irrevocable restrictions and covenants running to the Town of Southold, which will rigorously limit activity on the open space "remaining land" and the conservation easement areas indicated at the rear of each building lot. The open space "remaining land" must be preserved strictly for scenic and conservation purposes, permitting no organized recreational activities. This area would include the entire knoll from which the lines for lot #6 and lot #7 will have been removed. Furthermore, no building, cultivation or casual storage should be permitted on the conservation easement areas at the rear of the building lots. - 5 - 0802E We believe it should be relatively simple for CPK to make the necessary adjustments, since the subdivision is still only on paper and has not yet been staked on the land. We intend no delay in the subdivison approval process, and would like to see things continue to move along as expeditously as possible, promptly incorporating the adjustments and appropriate restrictions and covenants. We look forward to hearing from you concerning our request. Thank you for considering this matter. Sincerely, Talcott Stanley, President The North Hill Association cc: with enclosure Executive Committee The North Hill Association Frank Burr & Mark Andrews President Vice President Walsh Park Benevolent Corporation - 6 - 0802E �is�zsas JrsCand, d1/2, ob 90 P��piPili�G BOW May 10, 1989 Town Planning Board Town of Southold Southold , NY Please be advised that we do not contemplate any charges in our site plan except for the emergency access road modifications suggested by the Suffolk County Planning Division. Our attorney is now preparing appropriate covenants for the open space areas that will be submitted to the Town Board for approval . Further we expect to receive final approval from the Suffolk County Health Dept . upon completion of two test holes they have requested . We request that your Board proceed with the preliminary approval of our site plan as soon as possible. We would like to start our site preparation work this month in order to provide this desperately needed housing this year . Please call me if you have any questi ohAv%11'a vin is President VVafi i _(J-Da tk BV2EVOLE& R 1). Box 684 giifivu faCand, c=-MEw To%k o6390 qy t � 1 tr •. 1 1 I5�-f'yVj.. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 _= TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 18, 1989 John Clavin P.O. Box 684 Fishers Island, NY 06390 RE: Walsh Park SCTM #1000-6-2-3 .1 Dear Mr. Clavin: The following action was taken by the Southold. Town Planning Board on Monday, May 15, 1989. RESOLVED that the Southold Town Planning Board grant. preliminary approval. on the maps. dated February 8, 1989. Final maps must be submitted within six ( 6) months after preliminary approval, unless an extension of time is granted. by the Planning Board. The final submission for the Walsh Park Affordable. Housing proposal must include the following items. 1. A document describing the intended use, ownership and maintenance of the open space must be submitted for review by the Planning Board, the Town Attorney, and the Town Board. Upon approval, the document must be filed. and a copy of the filed document must be submitted to the Planning Board. 2. Additional Covenants and Restrictions, if needed upon review of the Suffolk County Planning Commission report, must be added to the final. map. The Declaration of Covenants and Restrictions must be submitted to the Planning Board for review. Upon approval of the document by the Planning Board, it must then be filed. with the County Clerk' s office. A copy of the filed document must. be submitted- to the Planning Board. The final map must state that Covenants and Restrictions have been filed and shall indicate the Tiber and page number. 4` 3. - Four paper maps (complete sets including drainage maps, etc. ) , and two mylars, all with the Health Department approval. 4. A list of all "public" or common improvements (drainage, street trees, etc. ) that will be constructed. Upon submission of the above mentioned items, the Planning" Board will set a date for the final public hearing. This hearing will be held on Fishers Island. e truly ou , dc/YV�l- / ✓ • BENNETT ORLOWSKI,JR. CHAIRMAN it e CHANDLER, PALMER & KING ARCHITECTS, .ENGINEERS & SURVEYORS - 1 10 BROADWAY, NORWICH, CT 06360 203-889-3397 PERCY JOE KING,A.I.A. L MAY 1 2 I�' 9 RICHARD H.STROUSE, P.E., L.S. GORDON C. HYDE,A.I.A. Sf)t.iE �TG41'fd,4=� PLAffflft BOARD i May 10, 1989 Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Walsh Park Benevolent Corporation Dear Sir: Enclosed are three (3) copies of the Revised Subdivision Plan. We have incorporated comments 4, 5 and 8 from the County of Suffolk Planning Department. Please contact me if you have any questions. veryt y o r ` Richard H. Stro se, P.E. , L.S. The North Hill Association c/o Talcott Stanley 23 Pilgrim Roadh�¢� West Hartford, CT 06117 MAY - 11989 ' SOUTH(JLD t Wf� PLANNING BOARD April 28, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Town Hall Main Road Southold, NY 11971 Attention: Ms. Valerie Scopaz, Town Planner Re: Walsh Park Subdivision; Fishers Island, NY Dear Sirs: We are writing to express our views on the preliminary subdivision plat prepared by Chandler, Palmer & King (CPK), surveyors, and dated November 3, 1988, for the above-captioned major subdivision. We have recently obtained a copy of the April 10, 1989 letter from the Department of Planning of Suffolk County, reflecting its deliberations and the conditions to its approval for this proposed subdivision. We understand that the proposed subdivision plat (revised as of January 30 and February 8, 1989) is presently before you for review. We are contacting you now while the plat is still in a preliminary stage. As you will recall, the North Hill Association is a group of approximately 25 families, which includes year-round residents, most of whose homes and properties adjoin or overlook the proposed Walsh Park development. During the past year, we have had a series of meetings and x conversations with the leaders of Walsh Park to express our views. As concerned residents in the area, we are pleased that the Walsh Park leaders have incorporated many elements to improve the proposed cluster development and safeguard this sensitive locality on the West End of Fishers Island, including: o a cul-de-sac plan with additional emergency access o appropriate setbacks from the wetlands and the osprey nest o conservation easements to protect the perimeter lands and wetlands and to restrict development on rear portions of building lots o location of houses as easterly and low as possible o appropriate plantings to enhance natural vegetation. Within the past two weeks, we have expressed to the Walsh Park leaders our concerns regarding the proposed subdivision plat. We have also reviewed with them the content of this letter. However, we now feel it is important to bring these matters directly to your attention. As you are aware, within the proposed subdivision, there is a knoll covered with natural vegetation. Its summit rises to 56 feet above sea level, more than 35 feet above the elevation of most of the surrounding tract (where the cluster of houses would be located) which, in contrast, is very open and flat with sparse vegetation. The knoll is the most prominent feature of the local topography and existing environment in the - 2 - 0802E i North Hill area. We believe it has great importance for both scenic and conservation purposes. Because its sides have steep slopes, any encroachment would easily destroy the integrity of this promontory and the atmosphere it creates, and could lead to serious erosion. We have always assumed that the knoll would be protected within the conservation area of the subdivision. Beyond this, we understood that it would remain undisturbed in its natural state and would not fall within any of the building lots. It now appears to us, however, that the Chandler, Palmer & King survey filed for the subdivision plat varies from the Walsh Park sketch we endorsed at the Planning Board hearing, held at Fishers Island, on October 14, 1988. We have only recently had an opportunity to study the CPK subdivision plat. We feel that it contains serious problems with the knoll and with lots #6 and #7, which were not apparent on the original subdivision sketch prepared by SWA Group, the land planners for Walsh Park. The SWA sketch was merely schematic and the topographical contours were hardly visible on it. The present CPK survey, with clearly defined contours, not only shows some lot lines that differ markedly from the original SWA sketch, but it also reveals three matters of great concern: 1) the building envelope for lot #6 perches on the haunch of the knoll and a house located there would be awkwardly visible from many points in the area, 2) the boundary line for lot #7 cuts high across the steep slope of the knoll, and the building envelope includes much of that slope and the crest of the knoll; and - 3 - 0802E 3) grading is proposed on the south side of the knoll from contour 38 to contour 24 and on the east side from the summit 56 to contour 36. Enclosed is a drawing prepared by James V. Righter. We recommend Mr. Righter's sketch as the basis for adjusting the CPK survey to resolve these matters. As you probably know, Mr. Righter is an architect who has done a great deal of work on Fishers Island. He has a home in the North Hill area and was invited by Walsh Park to work ,with SWA Group, to assist in planning the development and enhancing the appearance of the houses to be built. Mr. Righter's rendering shows how it is possible to adjust the lot lines for lot #6 and lots #7-12, in order to avoid encroaching on the knoll. At the same time, his rendering a) requires no change in the location of the cul-de-sac road, b) preserves the setbacks from wetlands, osprey nest and Fox Avenue, c) maintains the minimum lot size specified by the Southold Town Planner, and d) avoids placing building envelopes over the old dump site. Mr. Righter"s adjustments also would reduce considerably the regrading of lots #6 and #7 and eliminate grading of the knoll indicated by the present CPK plat. The objective of preserving the fragile knoll ungraded and uneroded, its vegetation unspoiled for scenic and conservation purposes, was endorsed early on by the leaders of Walsh Park. This objective is also a matter of extreme importance to us. Beyond this, we believe that preserving the knoll would be beneficial to all inhabitants of Fishers - 4 - 0802E Island and to future residents of Walsh Park. We note that this view is consistent with the preservation of natural vegetation and aesthetic attributes of the site discussed in the Suffolk County letter. As there is general agreement with this objective, we request that approval of the preliminary subdivision plat be conditioned on adjusting the lines for lot #6 and lots 0-12, based on Mr. Righter's enclosed sketch. This is clearly the optimum way to preserve the fragile knoll. It, therefore, will have our full support. Our position, as expressed above, is also supportive of the requirements of the Suffolk County letter, particularly as to item 2 (grading and clearing) and item 5 (Emergency Fire and Utility Easement). Finally, consistent with item 7 of the Suffolk County letter, we urge that your approval of the Walsh Park subdivision plat also be conditioned on the incorporation of strong, irrevocable restrictions and covenants running to the Town of Southold, which will rigorously limit activity on the open space "remaining land" and the conservation easement areas indicated at the rear of each building lot. The open space "remaining land" must be preserved strictly for scenic and conservation purposes, permitting no organized recreational activities. This area would include the entire knoll from which the lines for lot #6 and lot #7 will have - been removed. Furthermore, no building, cultivation or casual storage should be permitted on the conservation easement areas at the rear of the building lots. - 5 - 0802E F We believe it should be relatively simple for CPK to make the necessary adjustments, since the subdivision is still only on paper and has not yet been staked on the land. We intend no delay in the subdivison approval process, and would like to see things continue to move along as expeditously as possible, promptly incorporating the adjustments and appropriate restrictions and covenants. We look forward to hearing from you concerning our request. Thank you for considering this matter. Sincerely, '--7ai �34 s1 Talcott Stanley, President The North Hill Association cc: with enclosure Executive Committee The North Hill Association Frank Burr & Mark Andrews President Vice President Walsh Park Benevolent Corporation - 6 - 0802E r Yr Town Hall, 53095 Main Road °'-► P.O. Box 1179 Southold. New York 11971 dui TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 1989 Walter Lindley Bureau of Wastewater Management Deptpartment of Health Service County Center Riverhead, NY 11901 RE: Walsh Park Association SCTM #1000-6-2-3 .1 Dear Mr. Lindley: As per your conversation with Melissa Spiro on Wednesday, May 10, 1989, enclosed please find the most receipt map of the above referenced subdivision. If you have any questions, please do not hesitate to contact this. office. Very truly yours, ��,.�.-�a�• -fir �`"�� BENNETT ORLOWSKI,JR. CHAIRMAN jt The North Hill Association _ c/o Talcott Stanley 23 Pilgrim Road Um�~� P West Hartford, CT 06117 MAY - 1 0989 SOU7NfJLD'fo-* PLANNING BOARL) April 28, 1989 Ar. Bennett Orlowski, Jr. , Chairman Town of Southold Planning. Board Town Hall Main Road Southold, NY 11971 Attention: Ms. Valerie Scopaz, Town Planner Re: Walsh Park Subdivision; Fishers Island, NY Dear Sirs: We are writing to express our views on the preliminary subdivision plat prepared by Chandler, Palmer & King (CPK), surveyors, and dated November 3, 1988, for the above-captioned major subdivision. We have recently obtained a copy of the April 10, 1989 letter from the Department of Planning of Suffolk County, reflecting its deliberations and the conditions to its approval for this proposed subdivision. We understand that the proposed subdivision plat (revised as of January 30 and February 8, 1989) is presently before you for review. We are contacting you now while the plat is still in a preliminary stage. As you will recall, the North Hill Association is a group of approximately 25 families, which includes year-round residents, most of whose homes and properties adjoin or overlook the proposed Walsh Park development. During the past year, we have had a series of meetings and conversations with the leaders of Walsh Park to express our views. As concerned residents in the area, we are pleased that the Walsh Park leaders have incorporated many elements to improve the proposed cluster development and safeguard this sensitive locality on the West End of Fishers Island, including: o a cul-de-sac plan with additional emergency access o appropriate setbacks from the wetlands and the osprey nest o conservation easements to protect the perimeter lands and wetlands and to restrict development on rear portions of building lots o location of houses as easterly and low as possible o appropriate plantings to enhance natural vegetation. Within the past two weeks, we have expressed to the Walsh Park leaders our concerns regarding the proposed subdivision plat. We have also reviewed with them the content of this letter. However, we now feel it is important to bring these matters directly to your attention. As you are aware, within the proposed subdivision, there is a knoll covered with natural vegetation. Its summit rises to 56 feet above sea level, more than 35 feet above the elevation of most of the surrounding tract (where the cluster of houses would be located) which, in contrast, is very open and flat with sparse vegetation. The knoll is the most prominent feature of the local topography and existing environment in the - 2 - 0802E North Hill area. We believe it has great importance for both scenic and conservation purposes. Because its sides have steep slopes, any encroachment would easily destroy the integrity of this promontory and the atmosphere it creates, and could lead to serious erosion. We have always assumed that the knoll would be protected within the conservation area of the subdivision. Beyond this, we understood that it would remain undisturbed in its natural state and would not fall within any of the building lots. It now appears to us, however, that the Chandler, Palmer & King survey filed for the subdivision plat varies from the Walsh Park sketch we endorsed at the Planning Board hearing, held at Fishers Island, on October 14, 1988. We have only recently had an opportunity to study the CPK subdivision plat. We feel that it contains serious problems with the knoll and with lots #6 and #7, which were not apparent on the original subdivision sketch prepared by SWA Group, the land planners for Walsh Park. The SWA sketch was merely schematic and the topographical contours were hardly visible on it. The present CPK survey, with clearly defined contours, not only shows some lot lines that differ markedly from the original SWA sketch, but it also reveals three matters of great concern: 1) the building envelope for lot #6 perches on the haunch of the knoll and a house located there would be awkwardly visible from many points in the area, 2) the boundary line for lot #7 cuts high across the steep slope of the knoll, and the building envelope includes much of that slope and the crest of the knoll; and - 3 - 0802E 3) grading is proposed on the south side of the knoll from contour 38 to contour 24 and on the east side from the summit 56 to contour 36. Enclosed is a drawing prepared by James V. Righter. We recommend Mr. Righter's sketch as the basis for adjusting the CPK survey to resolve these matters. As you probably know, Mr. Righter is an architect who has done a great deal of work on Fishers Island. He has a home in the North Hill area and was invited by Walsh Park to work with SWA Group, to assist in planning the development and enhancing the appearance of the houses to be built. Mr. Righter's rendering shows how it is possible to adjust the lot lines for lot #6 and lots 0-12, in order to avoid encroaching on the knoll. - At the same time, his rendering a) requires no change in the location of the cul-de-sac road, b) preserves the setbacks from wetlands, osprey nest and Fox Avenue, c) maintains the minimum lot size specified by the Southold Town Planner, and d) avoids placing building envelopes over the old dump site. Mr. Righter's adjustments also would reduce considerably the regrading of lots #6 and #7 and eliminate grading of the knoll indicated by the present CPK plat. The objective of preserving the fragile knoll ungraded and uneroded, its vegetation unspoiled for scenic and conservation purposes, was endorsed early on by the leaders of Walsh Park. This objective -is also a matter of extreme importance to us. Beyond this, we believe that preserving the knoll would be beneficial to all inhabitants of Fishers - 4 - 0802E Island and to future residents of Walsh Park. We note that this view is consistent with the preservation of natural vegetation and aesthetic attributes of the site discussed in the Suffolk County letter. As there is general agreement with this objective, we request that approval of the preliminary subdivision plat be conditioned on adjusting the lines for lot #6 and lots V-12, based on Mr. Righter's enclosed sketch. This is clearly the optimum way to preserve the fragile knoll. It, therefore, will have our full support. Our position, as expressed above, is also supportive of the requirements of the Suffolk County letter, particularly as to item 2 (grading and clearing) and item 5 (Emergency Fire and Utility Easement). Finally, consistent with item 7 of the Suffolk County letter, we urge that your approval of the Walsh Park subdivision plat also be conditioned on the incorporation of strong, irrevocable restrictions and covenants running to the Town of Southold, which will rigorously limit activity on the open space "remaining land" and the conservation easement areas indicated at the rear of each building lot. The open space "remaining land" must be preserved strictly for scenic and conservation purposes, permitting no organized recreational activities. This area would include the entire knoll from which the lines for lot #6 and lot #7 will have • been removed. Furthermore, no building, cultivation or casual storage should be permitted on the conservation easement areas at the rear of the building lots. - 5 - 0802E We believe it should be relatively simple for CPK to make the necessary adjustments, since the subdivision is still only on paper and has not yet been staked on the land. We intend no delay in the subdivison approval process, and would like to see things continue to move along as expeditously as possible, promptly incorporating the adjustments and appropriate restrictions and covenants. We look forward to hearing from you concerning our request. Thank you for considering this matter. Sincerely, Talcott Stanley, President The North Hill Association cc: with enclosure Executive Committee The North Hill Association Frank Burr & Mark Andrews President Vice President Walsh Park Benevolent Corporation - 6 - 0802E Highway Department Town of Southold AM 2 5 Peconic Lane R TJ Peconic, N.Y. 11958 Sou,WO � PL4NNING BOr� RAYMOND L.JACOBS Tel.765-3140 Superintendent 734-5211 April 24 , 1989 Southold Town Planning Board Main Road Southold , New York 11971 Re : Affordable Housing Walsh Park Benevolent Corporation Fishers Island , New York 06390 Gentlemen : After reviewing the cross section drawing for the road construction , I find it to be acceptable in this case with the stipulation that off-street parking will be provided . In reference to the findings of the Suffolk County Planning Department , I am in agreement with Items 4 and 5 . Very truly yours , RAYMON L . JACOBS Sup ' t of Highways VALERIE SCOPAZ Town Hall, 53095 Main Road TOWN PLANNER 1 {? , z{ � ' "'� ,.-..�:�� P.O. Box 1179 J; Southold, New York 11971 TELEPHONE - (516)765-1938 MEMORANDUM TO: Bennett Orlowski, Jr. , Chairman Members of the Planning Board FROM: Valerie Scopaz, Town Planner DATE: April 24, 1989 RE: Walsh Park Affordable Housing Subdivision SCTM # 1000-6-2-3.1 On Thursday, April 20th at 5:15 p.m. , I received a call. from Mr. John Schmeltzer, who is the attorney representing the Walsh Park Benevolent Association. He called to inquire what the Town' s requirements were for the open space that will be created by the Walsh Park affordable housing subdivision. I explained that the Town Code required the establishment of a homeowner' s association in accordance with 13 N.Y.S.R.R. , Parts 20, 21 and 22. I also mentioned that the Planning Board had been informed by John Clavin that the Walsh Park Benevolent Association did not wish to file for a homeowner' s association with the State Attorney General' s office. The way our Town Code is set up, however, the Planning Board cannot approve an alternative means of controlling the open space, including dedication to the Town, without the approval of the Town Board. However, since the Planning Board had yet .to receive an alternative proposal, it was powerless to proceed with that part of the application for approval. He confirmed Mr. Clavin' s statement by sketching the outline of how the Association is set up. Evidently, the Association will retain ownership of all the land in the subdivision, including the lots. The individual lots will be leased to the chosen recipient of the lot for a thirty-five year period. The lessee will own the house that is subsequently built on the leased lot. The tax bills for the entire subdivision will go to the Walsh Park Benevolent Association, which will incorporate the payment of same within the monthly rent. However, he was not sure just how Walsh Park wished to address the open space issue. In the interest of moving this project along so that a final hearing can be held, he indicated to me that he would send me something in writing shortly. I agreed to forward a copy of same to the Town Attorney' s office for their review. If the wording and content of the proposal as drafted by Mr. Schmeltzer are agreeable to both the Planning Board and the Town Attorney, the matter will be brought before the Town Board for its review. cc: James A. Schondebare, Town Attorney Robert H. Berntsson, Deputy Town Attorney Judge Raymond Edwards, Councilman John Clavin �O��FFO�CO Town Hall, 53095 Main Road p • P.O. Box 1179 Southold, New York 119710'� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Rob Berntsson, Assistant Town Attorney FROM: Planning Board Date: April 14, 1989 SUBJECT: . Walsh Park Affordable Housing Subdivision SCTM#1000-6-2-3 . 1 Attached please find a copy of the Suffolk County Planning Commission. review for the above mentioned subdivision. The Planning Board is reviewing the report and would like your comments regarding Number 6, which involves the open space area. The Planning Board discussed the intentions for the open space with the developer, and was told that the attorney for the development was to discuss the intent of the open space with you. COUNTY OF SUFFOL i APR I 189 SOL"f,fl.1•_J P1,P,1i'ii G Cit��:pD PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN - DIRECTOR OF PLANNING April 10, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: ' Walsh Park Benevolent Corporation Northeasterly corner of Crescent Avenue and Fox Avenue, Fishers Island, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on April 5, 1989, reviewed the proposed subdivision plat, entitled, "Walsh Park Benevolent Corporation" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following eight conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the wetland within and adjacent to this property and for good planning and land use. 1. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 3. All prospective owners of lots within this subdivision shall be informed by means of an advisory covenant of the location of the property to the abandoned landfill site. The final map shall also contain a statement as to the location of the abandoned landfill site on the property. This requirement is necessary due to the problems lot owners and residents have experienced with landfills, such as methane migration. 4. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Crescent Avenue and Fox Avenue to facilitate turns at the corner and to enhance the streetscape. 5. The alignment of 151 Emergency Fire and Utility Easement shall be improved by the use of large radius curves in place of the angular bend. A large radius curve will insure access to the subdivision by fire equipment. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI..NEW YORK 1 1788 (316)360-5192 Walsh Park Benevolent Corporation Page 2 -------------------------------------------------------------------------------- 6. The following requirements shall be taken to insure that the open space areas labeled "remaining land" shown on this map remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all open space areas labeled "remaining land". b) Assessment of the open space areas labeled "remaining land" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the open space areas and all the affected properties within the subdivision show that the value of the open areas labeled remaining land is "reflected" on the tax rolls by adding the proportionate share of the value of the common property to the value of the remaining properties in the subdivision. c) The open space areas labeled "remaining land" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the open space areas labeled "remaining land" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law) . f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the open space areas labeled "remaining land" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. 7. Conditions 1-3, inclusive and 5, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 8. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. Walsh Park Benevolent Corporation Page 3 -----------------------------------------------------=-------------------------- Very truly yours, Arthur H. Kunz Acting Director of Planning _ r6A. r by Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-05 CGL:mb Encl. : Map cc: J. A. Kinsella, County Clerk - F R.. Town Hall. 53095 Main Road P.O. Box 1179 d1J Southold. New York 11971 TELEPHONE _ (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Rob_ Berntsson, Assistant Town Attorney FROM: Planning Board Date: April 14, 1989 SUBJECT: Walsh Park Affordable Housing Subdivision SCTM#J1000-6-2-3 .1 Attached please find a copy of the Suffolk County Planning Commission review for the above mentioned subdivision. The Planning Board is reviewing the report and would like your comments regarding Number 6, which involves the open space area. The Planning Board dis.cussed. the intentions for the open space with the developer, and. was told that the attorney for the development was to discuss the intent of the open space with you. COUNTY OF SUFFOL TRIM APR 13 19M 4 SCUT i'0LD TOlm PATRICK G. HALPIN i l.afdhdiiVG BOkR►� ,� SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING April 10, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road y [171$q Southold, New York 11971 reo -�-Ook:. G cc�yes Re: Walsh Park Benevy Northeasterly cox 1-0 �'V L' �� le, Fishers Island, O r ^ � 1 �� Dear Mr. Orlowski: cJ� . The Suffolk County Planning Commissic 1989, reviewed the proposed subdivision pl Corporation" referred to it pursuant to Se Suffolk County Administrative Code. After resolved to approve said map subject to th -e deemed necessary to help preserve the natu wetland within and adjacent to this proper e. 1. No lot line shall be changed in cUlLy manner --ar—any- ruture date unless authorized by the Town of Southold Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 3. All prospective owners of lots within this subdivision shall be informed by means of an advisory covenant of the location of the property to the abandoned landfill site. The final map shall also contain a statement as to. the location of the abandoned landfill site on the property. This requirement is necessary due to the problems lot owners and residents have experienced with landfills, such as methane migration. 4. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Crescent Avenue and Fox Avenue to facilitate turns at the corner and to enhance the streetscape. 5. The alignment of 15' Emergency Fire and Utility Easement shall be improved by the use of large radius curves in place of the angular bend. A large radius curve will insure access to the subdivision by fire equipment. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (516)360-51 92 Walsh Park Benevolent Corporation Page 2 -------------------------------------------------------------------------------- 6. The following requirements shall betaken to insure that the open space areas labeled "remaining land" shown on this map remain as' open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all open space areas labeled "remaining land". b) Assessment of the open space areas labeled "remaining land" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the open space areas and all the affected properties within the subdivision show that the value of the open areas labeled remaining land is "reflected" on the tax rolls by adding the proportionate share of the value of the common property, to the value of the remaining properties in the subdivision. c) The open space areas labeled "remaining land" shall not be subdivided in the future or.used for commercial purposes. d) The homeowners' association shall not use the open space areas labeled "remaining land" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, 'and 22, issued by the New York State Department of Law) . f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the open space areas labeled "remaining land" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. 7. Conditions 1-3, inclusive and 5, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. . 8. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. Walsh Park Benevolent Corporation Page 3 -------------------------------------------------------------------------------- Very truly yours, Arthur H. Kunz Acting Director of Planning by Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-05 CGL:mb Encl. : Map cc: J. A. Kinsella, County Clerk Town Hall. 53095 Main Road P.O. Box 1179 -'A'''�\ � Southold. New York 11971 . TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 20, 1989 Charles Lind Suffolk County Dept. of Planning Veterans Memorial Highway Hauppauge, New York 11787 RE: Walsh Park Affordable Housing Project SCTM#1000-6-2-3 .1 File: 133-D-88-57 .1 Dear Mr. Lind: Under separate cover, a copy of a yield map .for the above mentioned subdivision was submitted to you. Please note that the yield map was approved by the Planning Board previous to the adoption of the new code. V truly yours QW� I JR. CHAIRMAN ms a yA Town Hall. 53095 Main Road P.O. Box 1179 ;Z' . „tw X Southold, New York 11971 • y:45! TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 15, 1989 Charles Lind Dept. of Planning Veterans Memorial. Highway Hauppauge, N.Y. 11788 RE: Walsh Park Affordable Housing Project SCTM#1000-6-2-3 .1 File: 1333-D-88-57.1 Dear Mr. Lind: Enclosed please find the additional information as asked. for in your March 13, 1989 correspondence. (1) copy of Yield Map dated July 25, 1988 ery tru ou s A .diyt/�t BENNETT ORLOWSKI, JR. CHAIRMAN ms samaM�'m+amrP_n�c�arcs- / T— rAP i COUNTY OF SUFFOLK o SOUTNOLD TOVdN PLAPjM, '.c 9,0_21, PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN (516) 360-5207 DIRECTOR OF PLANNING March 13, 1989 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary X_ Final Plat Name: Preliminary Map of Walsh Park Benevolent Corporation Location: n/e/c Fox Avenue and Crescent Avenue, Fishers Island, New York T.P.I.N. 1000-006-02-3.1 Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: Copy of Yield Map Very truly yours, Arthur H. Kunz Acting Director of Planning by C�` � C�l Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-D-88-57.1 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 9 for complete referral requirements. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 1 1788 (51 6)360-51 92 SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. Roland Anders (1922-1959) � � Roger L.Cocchi Chester Kelsey, P.E.,L.S. Francis J.Lynch 45 Manor Road Philip Schlotzhauer Alexandrea W.Mercil, P.E. Robert A.Stanton,P.E. Smithtown, N.Y. 11 787_—- Joseph F.Stegman Robert W. Brown,L.S. (516) 7 4R0�6 y� Paul F.Stevens Zabdiel A.Blackman,P.E.,L.S. William T.Styne Richard B.Weber George A.Style,P.E. Jerry D.Almont,P.E. QQ _ George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. �R 1! Thomas R. Pynchon,L.S. 1�a()L��aN! "March '8, 1989 Mr. Bennett Orlowski , Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Walsh Park Benevolent Corporation at Fishers Island, Town of Southold, Suffolk County, N.Y. S.C.T.M. No. 1000-6-2-3.1 (SBB No. 87420) . Dear Mr. Orlowski : We have reviewed the most recent submission (revision of February 89 1989) for the above referenced project. In the course of our review, two sets of comments were addressed to the developer's engineer, Chandler, Palmer and King. Copies of these are attached . All comments have been satisfactorily addressed, and we find the plans to be acceptable at this time. If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCE14T MAR CONDA VM:rp MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H 2 SIDNEY B. BOWNE & SON Sidney B.-Bowne P.E..L:Si_=- Roland Anders — (1922-1959)=- Roger L.Cocchi Chester C Kelsey, P.E.;L.S. 45 Manor Road Francis J.Lynch Alexandre-W.-Mercil,-P.E: —--- - Philip Schlotzhauer Robert A.Stanton,_P.E Smithtown, N.Y. 11787 Joseph F.Stegman Robert W. Brown,L.S. 516 724-0611 Paul F.Stevens Zabdiel A.Blackmafi RE L.S: William T.Styria Richard B.Weber George A.Style,P.E. Jerry elP.E. Georg L.Fagan,Jr.,Ph.D.,P.E. February 7, 1989 Frank Capobianco,C.E. Thomas R.Pynchon,L.S. Richard H. Strouse, P.E. CHANDLER, PALMER & KING Architects, Engineers & Surveyors 110 Broadway Norwich, CT 06360 Re: Walsh Park Subdivision at Fishers Island S.C.T.M. No. 1000-006-02-3.1 Dear Sir: We have reviewed the most recent site plan (revised 1-30-89) for the above referenced project and, at this time, we have the following comments: Sheet 1 of 4 1 . The note on the proposed road appears to refer to note #14 instead of #16. 2. The zoning district is A-80. 3. Provide a note stating that leaching basins will be required for roof and driveway runoff, as well as to prevent runoff from cleared areas from encroaching onto adjacent properties. 4. Indicate to whom the emergency and utility easement will be granted. Sheet 4 of 4 1. The typical road:- section should indicate that all runoff will be contained on the roadway. This can be done by using mountable curbs or by pitching several feet of shoulder toward the road. If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA VM:rp MINEOLA • SMITHTOWN is NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H r _ - _ SIDNEY B..-BOWNE & SON Sidney B.--Sow.ue;-P.E-,-L.S.- ---, Roland Anders (1922-1959) � � Roger L.Cocchi Chester.C-Kelsey.-P.E..-L_S_.--__. _ _ C�5 �atl�� ��ad Francis J.Lynch Alexandre W. Mercil, P.E. __ --' Philip Schlotzhauer Robert A.Stanton, P.E. Smithtown, N.Y. 11787 Joseph F.Stegman Robert W. Brown L:S—.-- :_-_= Paul F.Stevens Zabdiel A. Blackman,P.E., L.S. (51 6� 72 '�61 1 William T.Styne Richard B.Weber George A.Style,P.E. Jerry D.Almont,P.E. George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. Thomas R.Pynchon, L.S. January 24, 1989 Richard H. Strouse, P.E. CHANDLER, PALMER KING ARCHITECTS, ENGINEERS, & SURVEYORS 110 Broadway Norwich, CT 06360 Re: Walsh Park, Fishers Island Dear Sir: We have reviewed sheets 1 of 4, 2 of 4, 3 of 4, and 4 of 4 for the above referenced project and we- have the following comments:. On The File Map - Sheet 1 of 4 1. State the overall parcel area, the total lot area, and the area to remain undeveloped. 2. State the zoning district and fire district. 3. Show the limits of the conservation easement. 4. Show the location of the land fill and define who will be testing. for methane and who wi 11 analyze the results. 5. Provide a note stating that the proposed road will or will not be dedicated to the Town of Southold. 6. Provide a typical plot-. plan for the on-site septic systems. 7. Provide test hole data in accordance with the requirements of the Suffolk County Department of Health Services. for your use a copy of a check list for approval of file maps, as sent to us -by-the--Saf-Folk County Clerk' s Office in Riverhead, N.Y. On The Subdivision Plan - Sheet 2 of 4=and 3 of 4 1.. Show the limits of wooded areas. 2. Show any existing buildings. 3. Show existing water mains and any other subsurface utilities in the existing roads, including any pipes and/or culverts to the wetlands. MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal opportunity Employer M/F/H J, _ -. .. -Rich-ard.H. Strouse, P .E. ------CHANDLER,, PALMER KING ARCHITECTS, ENGINEERS, & SURVEYORS 1989 - --- — --- P a.ge—Two 4. Check a cross-section through the proposed pavement and right of way on the northerly side of the cul-de-sac. A small timber retaining wall may be required here. On The Subdivision Plan and Profile - Sheet 4 of 4 1. Provide test hole data in areas of proposed drainage. 2. Provide details of drainage structures to be used. Upon receipt of revised plans, we will meet with Town of Southold Road Committee to finalize this endeavor. If you have any questions regarding the above please contact this office. Very truly yours, SIDNEY B NE & SON CONS U TING NGINEERS w . ROB RT W. BROWN. L.S. RWB :rp c.c: Ray Jacobs Bennett Orlowski Ray Dean F. Murphy John Cl aven 7 L)r ' Town Hall. 53095 Main Road ` P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 8, 1.988 John Clavin Walsh Park Benevolent Association. P.O. Box 684. Fishers Island, NY 06390 RE: Walsh Park Affordable Housing Project. SCTM4 1000-6-2-3 . 1 Dear Mr. Clav:in: As you know, the Planning Board received the preliminary, maps for the above mentioned. proposal on. February 27, 1989. The maps have since been sent to both the Suffolk County Planning Commission and the office of Sidney Bowne & Son for review. Please note that future maps submitted must be signed and. sealed by a licensed land. surveyor or engineer. Please contact the office if you have any further questions. y truly yo J ��JJ"" V fJ• / 1 BENNETT ORLOWSKI, JR. CHAIRMAN cc: Ken Edwards Wi Town Hall, 53095 Main Road '" ,,`�f� R � I.Y P.O. Box 1179 Southold. New York 11971 TELERHONE (516)765-1938 - PLANNING BOARD OFFICE TOWN OF SOUTHOLD teb, 28, ►q8`� Robert Brown Sidney Bowne & Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: ' Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: . . . Application (Xajor subdivisio minor subdivision, site plan) l.Ogls a, k wev � ev�-� or ora�� . Hamlet- . `C,r,& MATERIAL SUBMITTED File # Suffolk County Tax Map No. Sketch plan Preliminary map K Street Profiles Grading Plan _ Preliminary site plan Final Map Other Comments: J ery truly (yours-,'-3 PWSKI W ,�...�J;� IfAN'r -'-961 7W6LD TOWN PLANNING BdZRD / Town Hall. 53095 Main Road P.O. Box 1179 ,`�f�°�l Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fed . 28 , 1R88 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333 , Article XIII of the Suffolk County Charter, the Southol Town Planning Board hereby refers the followingproposed? °� P P �lat to the Suffolk County Planning Commission: (Map of) (M' ,°`� Subdivision) Hamlet C'�s�,er-. 'Is�anc" Tax Parcel Identifier No. [000 Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies) Major. Subdivision (3 Copies) �,(Q Preliminary Map (1 copy) Topogr: aic Map (1 copy) ; Darinage Plan (1 copy) Street Profiles (1 copy) _; Grading Plan (1 copy) Planning Board Res . (1 copy) x Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheot Comments: Ti Ie133 3— `S g-$1 A�Wa�, � �:,-y. � � ep r�a�1��c� e 5 • • ,l J' ty 9 el Very ,t�u'ky y urs" Bennett Or! n-. 1 PUBLISHERS CERTIFICATE State of Connecticut ) County of New London, ) ss. New London LEGAL No.36 On this 1 g day of r7ctnher Town of Southold 'i Notice of Public Hearing NOTICE IS HEREBY A. D. 1c)68 , personally appeared before the undersigned, GIVEN that pursuant,to Sec- ilon 276 of the Town Law, a -public hearing will be held by a NotaryPublic within for d State the Southold Town Planning n an or said County an r Board, at the Fishers Island School, Fishers Island, Southold, New York in said i ,T_ T._ 7.i e 1 i n s k i ' Le ga 1 Ad v_ C 1 e rk Town on the 14th day of Oc- tober, 1988 on the question of i the following: 4:00 p.m. Preliminary Ap- of THE DAY, a daily evening proval of the major subdivi- 1 sion of Walsh Park Bene- volent Corporation, at the newspaperublished at New London Count Town of Southold, county of. published , y of New Suffolk, State of New York, SCTM#1000-6-2-3.1. The property is bordered o the North by land now orr London, > g State of Connecticut who being dulysworn, formery of Peter P. Nitze, land now or formerly of Thomas D.Duff,Jr.,&Elaine states on oath, that the Order of Notice in the case of A. Duff, by Crescent Avenue, by'land now or formerly of Robert o. & Margaret S. Legal Adv.. ##3 6 4 � Meyer on the East by Ave- , nue B. by land now or for- I merly of Henry M. &Annette I on the south by Fox A i a true copy of which Fox Avenue; on the West by Crescent Avenue. By Order of the Southold Town Planning Board is hereunto annexed, was published in said newspaper in Bennette Orlowski,Jr. Chairman - its issues of the 8th days of october n A A. D. 19 88. Subscribed and sworn bef re me this 18th day of October A.D. 1q888. Notary Public. 1 SU LLIVAN PRINTING 00. WATERF ORO OT. FORM s) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 �o.( 1 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 27, 1988 John Clavin Walsh Park Benevolent Association P.O. Box 684 Fishers Island, NY 06390 RE: Walsh Park Affordable Housing Project. SCTM# 1000-6-2-3 .1 The Planning Board reviewed the recently received maps dated October 1988 at their last work session. Before the Planning Board can take action on the preliminary maps, the maps must be revised to reflect proper preliminary layout. Below please find a list of the necessary items: 1. Metes and bounds must be shown on map, as must the property dimensions. All lots should be at least 125 feet at the setback line. 2. Building envelopes should reflect the proposed covenants and restrictions. For example, the building envelopes for the lots adjacent to the wetlands should follow the 100 foot setback line. 3 . The names of the adjoining land owners should be shown on the map. 4. Map should state current zone of property. Enclosed you will find a sample preliminary map from another cluster subdivision. Please note also that a road profile must be submitted for review by the Town Engineer. The Public Hearing which was opened on October 14, 1988 will be kept open until the Planning Board is in receipt of appropriate preliminary maps. Please contact this office if you have any questions with the above. Very truly yours, g r l Jj BENNETT ORLOWSKI, JR. CHAIRMAN cc: Ken Edwards I ms the swa group �"• 2-� D SWAJobNo: ��✓�- �cJ2. OCT 2 6 La SOUTHOLD TOWN )(Enclosed PLANNING BOARD ❑ Under separate cover transmittal 1 Drawings ❑ Specifications -T,Nl nL 9I°lif�tJ N l N 6 13�-oft, p To: ❑ Cost Estimates S of Ttfi ai'o1i1� "['o W 1.1 tt f�W b ❑ Shop Drawings Sa V 7t-( t(o 1—+o OJ`'f I ❑ Samples Attn: M.S. V A$,,vw %.A SG ❑ Reports Project Name: (N DVS 4'NP-kc ❑ Catalogue Cuts ❑ Proposals Copies Date Number Description SI"TG p 'royJ N �3m JyMl Remarks As requested ellctio S€S� �[MR-�' ro X For your use Oo0qIE�5 pr- •✓0V+`. Uj M/—Cm ❑ For review and comment 1' Fe- c�V�7100 ❑ For information only c F IMX-5ftSE C—I-1n. If enclosures are not a as noted,please kindly notify the author immediately. By: �a� cc: Sausalito �/w Laguna Beach Houston Dallas Boston Florida 711 Boylston Street Boston,MA 02116 617-266-4703 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 1988 John Clavin Walsh Park Benevolent P.O. Box 684 Fishers Island, NY 06390 RE: .Walsh Park SCTM *1000-6-2-3.1 Dear Mr. Clavin: The following action was taken by the Southold Town Planning Board. on Friday, October 14 , 1988 at a special meeting held on Fishers Island. RESOLVED that the Southold Town Planning Board as lead agency to this project has determine that the project will not have a significant effect on the environment provided that the specified mitigation measures noted in the enclosed Conditional Negative Declaration are implemented. Please note the enclosed map for your review as a sample for the 'final map. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt EAF ENVIRONMENTAL ASSESSMENT- PART II Project Impacts and Their Magnitude General Inf-% 3tio_ Rear Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinati: been reascr,ablei The reviewer is not expected to be an exoert environmental analyst. - Identifying that ar effect will be potentially large (column 2) does not mean that it is also necessarii• significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an efrec t in colu7-n 2 simply asks that it be looked at further.. _ - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the tl of magnitude that would trigger a response in column 2. The examples are generally applicable throughout State and for most situations. But, for any specific project or site other examples and/or lower threshc may be more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples have been offered as gL They do not constitute an exhaustive list of impacts and thresholds to answer each Question. - The number of examples per question does not indicate the importance of each question. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Mavbe answers should be considered as Yes answers. C. If answering Yes to a Question then check the appropriate box (column 1 or 2) to indicate the Dotenti size of the impact. if impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact then consider the impact as potentially large and proceed to PART 3. . e. If a potentially large impact or effect can be reduced by a change in the project to a less than larg magnitude, place a Yes in column-3. A No response indicates- that such a reduction is not possible. SMALL TO. POTENTIAL CAN IMPACT MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHA, IMPACT ON LAND NO YES 1, WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO O O PROJECT SITE? Examples that Would AVDlY to Column 2 Any constru=tio• on slcpes of 15% or greater, (15 foot rise ner 100 foot of lenotnll, or where the general slopes in the project area exceed 10a. Construction on Land where the depth to the water table is less than 3 feet. ronstruction of naved narkinq area for I "! or more vehicles. CAnstruction on 13nd where bedrock is exposed or generally witnin 3 feet of existing ground surface. — Cons_ructiar 'tr.a• will continue for more than 1 vear or, involve no-e than ,'r.e prase or stage. Excavation for r-ieing purposes that would remove more than 1 ,000 tors cf ratural nzterial (i.e. rock or soil) per vear.. Construction of any new sanitary landfill. -5- y • !:ALL TO POTENTIAL CAN IIPACT BE OERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE Construction in a designated floodway. Other impacts: 2. NILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LP.NO,FnRMS YES FOUND ON THE SITE? (i.e. cliffs, dunes, geological forma- tions, etc.) 00 - Specific land forms: IRPACT ON WATER 3. WILL PROJECT AFFECT ANY WATER. BODY DESIGNATED AS NO YES PROTECTED? (Under Articles 15, 24, 25 of the Envir- onmental Conservation Law, E.C.L.) Examoles that Would Aoply to Column 2 — Dredgino more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NFH ((NNO�O� YES BODY OF HATER? ............................................�/ O Examoles that Would Apply to Column 2 — A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or-decrease. _, Construction of a body of water that exceeds 10 acres of surface area. Other imnacts• �13 YES S. WILL- PROJECT AFFECT SURFACE OR r,ROUND!4ATER m1ALITY? O Examoles that Yould Apply to Column 2 Project will renuire a discharge permit. Project requires use of a source of water-:that does not have approval to serve proposed project. - Project requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination Of a Puolic water supply system. Project will adversely affect groundwater. Li"'uid effluent will be conveyed off the site to faculties wnichh -presently do not exist or have indcequate capacity. .:• . Project requiring a facility that would use water in excess of 2n,000 gallons per day. Project will likely cause siltation or other discharge .into an existing Cc�y of water to the extent that there Mell Ce an n vious visual contrast to natural conditions. �• 1. 2.. 3. t1ALL TO POTENTIAL Ml VIPACT BE +ODERATE LARGE REDUCED Gr MPACT I"PACT PROJECT CHANGE 9ther Imoacts- 6. 'SILL PROJECT ALTER DRAINAGE FLO", PATT MILS OR SURFACE HATER .10 YES RUNOFF? .................®O Examnle that ':ould Imply to Column 2 Project wnuld impede flood water flows. Protect is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACT T ON AIR 110 YES 7. VILL PROJECT AFFECT AIR QUALITY?...........:... 00 FxamDles that Would Apply to Column 2 Project will induce 1.000 or more vehicle trips in any given hour. Project will result in the incineration of more than 1 ton of refuse per hour. _ Project emission rate of all contaminants will exceed 5 lbs. oer hour or a heat source Producing more than 10 million BTU's per hour. Other imoacts: I"DPCT 0`{ Pt ANTS ANrI p41`' l S 40 YES 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? O o Examoles that Would Apoly to Column 2 - Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wild- 1ife hab,Lit. ADolication of Pesticide or herbicide over more than tVice a Year other than for,8gr:cuitural purpoc.es. — Ot)-!r imDacts: 9. HILL PROJECT SUBSTANTIALLY AFFECT NON-THREATENED OR NO YES E-'19A!1r,ERED SPECIES? .......................................© o ExA-ole that Mould Apply to Column 2 Pro.lect would substantially interfere with an_v resident or migratory fish or wildlife species. _ Project reouires the removal of rare than 1^. acres of nature forest !over 10rl years in ane) or other locally important vegetation. . ,1 !ALL TO °CTEITIAL CAN IMPACT BE MODERATE LARGE REDUCED RY IMPACT I',rACT PROJECT CPA11,E I"",CT 01 ".IS"lL QESO;'RCE 10. VILL TyE PanjFCT AFFECT M11S, 'IISTAS CR THE VISUAL AlO YES CFARACTER OF THE NFIGHBORPOOD Oft COmm"NITY? .............. Examoles that Mould Applv to Column 2 An incompatible visual affect caused by the introe4uction of new materials, colors and/or f6ivs in contrast to the surrounding landscave. - -_ A project easily visible, not easily screened,that i ' obviously different from nthers around it. Project will result in the elimination or major screening of scenic views or vistas knovm to be important to the area. Other impacts: = IMPACT ON HISTORIC RESOURCES 11. WILL PROJECT IMPACT ANY SITE OR STRUCTURE OF HISTORIC, NO YES PP.E-1lISTOQIC OR PALEONTOOICAL II'f OPTANCE? ................. O Examoles that Would ADOIy to Column 2 Protect-occurina wholly or nartially within or continuous to any facility or site listed on the National Resister of historic places. Any impact to an archeological site or fossil bed located within the project site. Other impacts: IMPACT ON OPEN SPACE E RECREATION 12. WILL THE PROJECT AFFECT THE QUANTITY OR DUALITY OF EXISTING NO YES OR FUTURE OPE11 SPACES OR RECREATIONAL OPPORTU'IITIES?...... O O Examoles that Would Aopl•y to Column 2 The permanent foreclosure of a future recreational 0000rtunity. — A major reduction of an open space important to the community. Other imoacts: lupnrr nN TRANSPOPTATION 13. VILL THESE EE A'1 EFFECT TO EXISTING TRANSPORTATION NO YES SYST E"S? ............................................... �0 Examoles that 'would Aonly to Column 2 Alteration of present patterns of movement of neople and/or goods. Project will result in severe traffic problems. Wither troactS: -----__ -- ------__-- SMALL TO POTE'iTIAL CAR IMPACT. CE . NO0ERATE LA4GE REDUCED BY IMPACT I11PACT PROJECT CHANGE IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGY SUPPLY? ........................................ Examoles that Would Apply to Column 2 ...0 O Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or'two family residences. Other impacts: IMPACT ON NOISE 15. WILL,THERE BE OBJECTIONABLE ODORS, NOISE, r,LARE, VIBRATION .40 YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....� Examoles that M Xould ADDly to Column 2 O — Blasting within 1,500 feet of a hospital; school or other sensitive facility. Odors will occur routinely (more than one hour per day). Project will nroduce operating noise exceeding the local ambient noise levels for noise outside of structures. Project will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON HEALTH S HAZARDS 16. +MILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY. `lO YFS Examoles that Would Apply to Column 2 100 Project will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or uoset conditions, or there will he a chronic lor, level discharge or emission. Project that will result in the burial of "hazardous wastes" (i.e. toxic, poisonous, highly reactive, radioactive, irritating, :- infectious. etc. , including wastes that are solid, semi-solid, a liquid or contain gases. ) _ Storaae facilities for one million or more gallons of liouified natural gas or other liquids. Other ir.oacts: SMALL TO POTENTIAL CAN 1M 1 dE MODERATE LARGE- REDUCED BY Ii:PACT IMPACT PROJECT CHANGE IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHRnR-000 a 17. WiLL PROJECT AFFECT THE CHARACTER nF THE EXISTING NO YES COMMUNITY? ................................................ Example that Would Apoly to Column 2 .`GJ n O The population of the City, Town or Village in which the project is located is likely to grow by more than 5% oP resident human population. The municipal budgets for capital expenditures or opera- ting services will increase by more than 5% per year as a result of this project.Will involve any permanent facility of a non-agricultural use in an agricultural district or remove prime-agricultural lands from cultivation. The project will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future projects. Project will relocate 15 or more employees in one or more businesses. Other impacts: NO YES 18. IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? ....... Examples that Would Apply to Column 2 O Either government or citizens of adjacent communities have expressed opposition or rejected the project or have not been contacted. y Objections to the project from within the community. IF ANY ACTION IM PART 2 IS IDENTIFIED AS A ` POTENTIAL LARGE IMPACT OR IF YOU CANNOT DETERMINE THE MAGNITUDE OF IMPACT, PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I PART II PART 3 Upon review of the information recorded on this EAF (Parts 1, 2 and 3) and considerinq both the magnitude and importance of each impact, it is reasonably determined that: PREPARE A NEGATIVE DECLARATION A The project will result in no major impacts and, therefore, O is one which may not cause significant damage to the environment. B. Although the project could have a significant effect on the environment, there will not be a significant effect in this case PREPARE A NEGATIVE DECLARATION because the mitirlation measures described in PART 3 have been O included as part of the proposed project. C. --The project will result in one or more major adverse impacts PREPARE POSITIVE DECLARATION PROCEED WITH EIS that cannot be redu ed and may cause significant damage to O the environment. at _ Signature of Responsible Official-in Lead /. Agency ignature of areparer (if different r(Y responsiole officer) Print or type na-e of responsioie official in Lead Agency ,,a EAF r ENVIRONMENTAL- ASSESSMENT - PART III EVALUATION OF THE IMPORTANCE OF IMPACTS INFORMATION — Part 3 is prepared if one or more impact or effect is considered to be potentially laroe. The amount of writing necessary to answer Part 3 may be determined by answering the question: In briefly completing the instructions below have I placed in this record sufficient information to indicate the reasonableness of my decisions? INSTRUCTIONS Complete the following for each impact or effect identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact might be mitigated or reduced to a less than large impact by a pro- ject change. 3. Rased on the information available, decide if it is reasonable to conclude that this impact is imoortant to the minicipality (city, town or village) in which the project is located.To answer the question of importance, consider: - The probability of the impact or effect occurring - The duration of the impact or effect - Its irreversibility, including permanently lost resources or values - Whether the'-impact or effect can be controlled - The regional consequence of the impact or effect - Its potential divergence from local needs and goals - Whether known objections to .the project apply to this impact or effect. DETEw"INATION OF SIGNIFICANCE An action is considered to be significant if: One (or more) impact is determined to both Larne and its (their) consequence, based on the review above, is important. PAPT III STATEMENTS (Continue on Attachments, as needed) Town Hall, 53095 Main Road P.O. Box 1179 ' Southold, New York 11971 �Ij `fie TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 14, 1988 CONDITIONAL NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment provided the specified mitigation measures noted below are implemented. DESCRIPTION OF ACTION The major subdivision to be known as Walsh Park Benevolent Corporation is for an affordable housing project of 12 lots on 24. 33+ acres in the cluster concept located at Crescent Avenue and Fox Avenue, Fishers Island. SCTM#1000-6-2-3 .1 The project has been determined not to have a significant effect on the environment for the following reason; the potential impacts will be mitigated. The identified impacts and mitigation measures are as follows: I The New York State Department of Environmental Conservation commented that: 1. The project may have significant impacts on a New York State threatened species, as an osprey nest is located in the vicinity of the subdivision. The department requests that any construction related activity within 300 ft. of the nest site be prohibited between March 15 - August 1st, and that a plan depicting the location of. the nest in relation to building envelopes be submitted. Mitigation measures: 1) prohibited construction related activity within 300 ft. of the nest site between March 15 - August 1st. This will be included in covenants and restrictions before final approval is granted. 2) maps depicting the location of the osprey nest in relation to building envelopes will be. submitted. 2. A wetland regulated by the department pursuant to ECL Article 24 exists on the property west of Avenue B and OC T — 1.a' - 9S MON 1 2 : 48 p _ 4 1 D i 7 a a �FR#;Lr jj U, 4 2. Fax Fax S u to e c t . 9 If t,r. OUbl w� t:r, t.r r,�ma�s-,inri ccan,: rt 16 � -`%E �3-7131 , Vd�f�.�stL �c5,�f� .�ErzEtg�G€►z� S O Bot 6S4 9tsgets !la�nrzc�, NEcv ��n$ o634o south of Crescent Avenue. The department requests that the wetland be delineated and the line shown on the site plan. Also, that any disturbance within . 100 ft—of this line will require a permit from the department. Mitigation measures: 1) the building envelopes shall be shown as concomitant with the .100 ft buffer from the wetlands line. 2) the landscape easement shall prohibit any construction or land alteration activities, including clearing within 100 ft. of the wetland. 3 . That a complete Full Environmental Assessment Form be submitted. This has been complied with, a completed Full Environmental Assessment Form is in the file. 4. The bepartment has no objection regarding the housing project on the old dumping site, however they request the following reservations: _ A. No building, or permanent structures be built over the landfill. / Mitigation measures: building set back lines shall be J outside of the landfill area and shall not include the landscape easement area. B. Bi-annual sampling for methane be required to continue for 2 years after people inhabit homes built on site. JMitigation measures: compliance with the bi-annual sampling for 2 years after people inhabit homes built on site. C. That property deeds for lots surrounding the landfill advise future owners that a former landfill is on the site. Mitigation measures: compliance with the above. II The Suffolk County Department of Health Services has an incomplete application in regard to inspection of test holes on site, covenants for the extension of public water, and filing fees. They believe that the presence of an abandoned solid waste landfill on the site should be a primary concern to all involved, due to potential migration of methane gas and subsidence of the site. The department suggests that maps be submitted delineating the probable landfill area and wetland area, and that all building lots be located outside the old landfill area if possible. Mitigation measures: 1) landfill will be delineated on map, all building envelopes will be located outside of area. 2) Applicant will provide public water to site. Same will be verified by providing contracts for extension of mains to site. III Larry Penny, on behalf of the Southold Board of Trustees, has advised that the representation of the wetlands as shown on the Chandler, Palmer and King "Survey Map" revised July 25, 1988, accurately represents the line of pink- ribbons tied in the field earlier in the year. He . feels that the map can be designed based on current yield in sucY1 a way that the wetlands will be protected, while the lots and their building areas will be sufficiently removed from them. Mr. Penny found no endangered and threatened species or rare species of plants on the site. However, the nesting osprey is a threatened animal species. Mr. Penny also performed a test for methane gas on May 28, 1988. When testing for lower explosion limit,. nothing registered on the meter. When testing for ppm methane, two readings were taken, five minutes apart, readings were 75ppm and 80ppm, respectively. IV The Planning Board has requested all the information _ mentioned by the different agencies, and feels that the plan;in the cluster concept including all the mitigation measures, will comply with all of the above mentioned concerns. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Jill Thorp, Secretary, Southold Town Planning Board, Town Hall, Main Road, Southold, NY 11971 14.16-2 (2J87)-7C 617.21 SEQR Appendix A State Vnvironmantal Quality RAvlow C FALL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF Is designed to help a'ppiicants and agencies determine, in an orderly manner, whether a project or action may be slgnificant. The quc:,ti6n of whether an action may be significant is not oks-ays easy to an3wcr, frequent ly, there are aspects of a project that are subjective or unmeasureable, it is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis, In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is Intended to provide a method whereby applicants and Agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of Information to fit a project or action. Full EAF Components. The full FAF is comprised of three parts: Part 1: Provides objective data and information' about a given 1.project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large`impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 Is identifi-d as potentially-large, then Part 3 is used to evaluate whether or not the Impact is actually important, DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ® Part 1 0 Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropria'te), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that; 0 A. The project will riot result in any large and important impact(s) and, therefore, is one which will not have a significant Impact on the environment, therefore a negative declaration will be prepared. O B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' O C. Thz project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive ;declaration will be prepared. ® ' A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of lead Agency Print or Type Name of Responsible Officer in lead Agency Title of Responsible Officer l Signature of Responsible Officer in lead Agency Signature of Preparer(If different from responsible officer) Dow 9 OCA 1, 7 — SS MON 12 : 50 P e 44 � ... .fir. PART I—PROJ. ECT INFOA MATION Prepared by Project Sponsor NOTICE: This document Is designed to assist In determining whether the action proposed may have a significant effect on the environment- Please complete-the entire form, Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and public review. Provide any additionk information you believe will be needed to complete Parts 2 and 3.. • It is expected that completion of the full EA!"Will be dependent on information currently available and will not involve new studies, research or investigation. If Information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF A,PJJ. N(Include Street Adgcevs,Municipality and County) 'S M ME OF APPL. PONE BUSINESS TELEPHONE &Jfjlpg� a"btz Aafa-,J V6 ) 70-71.1 t CiTYIP9, _d"+d'' TATE ZIP CODE 0619D NAME OF OWNER(if Jiff€rant) BUSINESS TELEPHONE ADDRESS CITYIPO 8TATE 2JP CODE DESCRIPTJON OF ACTION f` Jf(� tza �C� Please Complete Each Question®Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use; Durban ❑Industrial ❑Commercial ❑Residential (suburban) ❑Rural (non-farm) ®Forest ❑Agriculture FOther ®P A. Cam' 2, Total acreage of project area: ! acres. APPROXIMATE ACREACE PRESENTLY AFTE MPLETION Meadow or Brushland (Non-agricultural) acres i acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per ,Articles 24, 25 of ECQ _— _ acres acres Water Surface Area acres _ acres Unvegetated (Rack, earth or fill) acres acres Roads, buildings and other paved surfaces acres _�._.. acres Other (Indicate type) <scres acres 3. What is predominant Soil type(s) on project situ _ 14W.S4.L a. Soil drainage; Well drained 606 % of site ❑Moderately well drainer! % of site ❑poorly drained '/n of site b. If any agricultural land is Involved,.how many acres of soil Are classified within soil group 1 through 4 of the Nye Land Classification System? , acres. (Soe 1 NYCRR 370), 4. Are there. hartrnek niar.rnnoinvi nn nrnjort citi-? IlYrc ntin a• What is depth to bedrock? __ . z' (in feet) 2 1 OCT -- 1 7 -- 88 MON 1 3 - R _ 0 1 S, Approximate percentage of proposed project site with slopes: -A-10% --Z.!L— 010.15va _�0 015% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes '1yNa '. Is project substantially eontiguotIs to a site listed on the register of National Natural Landmarks? ❑Yes �No 8, What is the depth of the water table?> ¢ (in feet) 9. Is site located over a primary, principal, or sale source aquifer? CYes 'y 0 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 13Yes 119No 11, ®oes project site contain any species of plant or animal life that Is identified as threatened or endangered? Ayes *0 Rccording to Identify each species 12, Are there any unique or unusual land forms on thr_ project site? (i.e., cliffs, dunes, other geological formations) Dyes ;ZNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area?, Oyes lKNo if yes, explain 14. Does the present site include scenic views known to be important to the community? Oyes `5Io 1S. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary _ -- - — 16. Lakes, ponds, wetland areas within or contiguous to project area: , a, Name _„ b, Size (in acres) 17, Is the site served by existing public utilities? ZYes ONO $) If Yes, does sufficient capacity exist to allow connection? '9CYes 0No b) If Yes, will improvements be necessary to allow connection? XYes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 30v 0Yas KNo 19, Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8. of the ECL, and 6 NYCgR 617? ®Yes �&No 20. Has the site ever been used for the disposal of solid or hazardous wastes? KYes ONO B. Project Description 1. physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor .42�5 31 acres. b. Project acreage to be developed: __ -- acres initially; acres ultimately. C. Project acreage to remain undeveloped / I acres. d. Length of project, in miles: A (if appropriate) e, if the project is an expansion, indicate percent of expansion proposed A %; f, Number of off-street parking spaces existing _ t . ; proposed S. Miaximurn vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units. One Family Two Family Multiple family Condominium initially z1a-_ - - Ultimately I. Dimensions (in feet) of largest proposed structure height; .2" width; 30- length. j. Linear feet of frontage along a public thoroughfare project will occupy is? At IA ft. 3 0 COT-.- 1 7 - 88 M 0 N 4 3 : 32 P . 02 2. HOW rnUCh natural material (i.e,, rock, earth, etc.) will be removed from the site? � �_ tons/cubic yards, 3. Will disturbed areas be reclaimed? ' aye; pNo v/A a. If Yes, for what Intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ❑No C. Will upper subsoil be stockpiled for reclamation? OYes... ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? --- acres. S. Will any mature forest (ovei 100 years old) or other locally-important vegetation be removed by this project? Oyes WNO 6. if single phase project: Anticipated period of construction 6. months, (including demolition). y. If multi-phased: f a. Total number of phases anticipated _- - (n niber), m b. Anticipated date of comencement phase 'I �-- month f�� year, (Including demolition). t. Approximate completion date of final phase ^• month r q year. d, is phase 1 functionally dependent on subsequent phases? Dyes V!�No 8. Will blasting occur during construction? Dyes 1410 9, Number of jobs generated,, during construction �4; after project is complete i 10. Number of jobs eliminated by this project 11. Will project require relocation.,of any projects or facilities? Oyes ZNo If yes, explain 12, is surface liquid waste disposal involved; Dyes 'MNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 1yes allo Type Ea' 14• Wdl surface area of an existing water body increase or decrease by proposal? Dyes KNo Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes 16. Will the project generate solid waste? lKyes ❑No a. if yes, what is the amount per month ' I'—) tons 14(lu w�aler J,61&A l (FVWI� b. if yes, will an existing solid waste facility be used? Was GNo c, if yes, give name d 44 ; location d, Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes XN0 e. if Yes, explain _-- 17, Will the project involve the disposal of solid waste? Dyes 19,40 a. if yes, what Is the anticipated rate of disposal? JA tons/month. b. if yes, what is the anticipated site life? �--. years, 18. Will project use herbicides or pesticides? Dyes %No 19. Will project routinely produce odors (more than one hour per day)? OYes ;No 20. Will project produce Operating noise exceeding the local ambient noise levels? ®Yes �Io 21. Will project result In an Incr ase in energy use? rA 'es C7N0 If yes , indicate type(s) ' nl. -- . 22. If water supply Is from wells, indicate pumping capacity M A gallons/minute, 23,' Total anticipated water usage per day g.allons/day. 24. does project involve Local, State or Federal fundirig? Oyes 1�No If Yes, explain :-- 4 OCT — 1 7 - 88 MOO 1 S : 1 4 P . 02 y 25. Approw,ats Required; _ Submittal Type Date City, Town, Village Board Oyes W40 _ City, Town, Village Planning Board Yes ONO, , ,dal City, Torun Zoning Board Dyes No City, County Health Department fAYes ®No Fjo71 Othsr local Agencies Ca Yes ly4No Other Regional Agencies Oyes ' No _ State Agencies I1Yes ONo 42, el Federal Agencies OYes I$11No C. Zoning and Planning Information' 1 . Does proposed action involve a planning or zoning decision? 'gYYes ❑No If Yes, indicate decision required: ❑zoning amendment Ozoning variance Ospecial use permit VIsubdivision Osite plan Onew/revision of master plan ❑resource management plan Oother 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? , 4. What is the proposed zoning of the site? � _— 5. What Is the maximum potential development of the site if developed as permitted by the proposed zoning? 5. is the proposed action consistent with the recommended uses in adopted local land use plans? W yes ❑No 7. What are the pr inant land use(s) and zoning classifications within a '/4 mile radius of proposed action? AJES) Z t AMA t„ 8. ;s the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? metres ❑No 9. if tl•,e prvl;Csc.! M-Alk t1 15 Lhe auLJd1V61U1I Uf land, how marl) loots are proposed( a. What Is the minimum? lot size proposed? — 71-u—_ __ 10, Will proposed action require any authorization(s) for the formation of sewer or water districts? Oyes CRNO 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Yes ONo a. If yes, is existing capacity sufficient to handle projected demand? Dyes ONO ' 12, Will the proposed action result in the generation of traffic significantly above present levels? ClYes '%No a. If yes, is the existing road network adequate to handle the additional traffic? Oyes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification l certify t 1t the information rov?IJ a is true to the 6e o my knowledge, o Applicant/S .o or me �' Q — �' > a Date /7 Signature e a Title If the a ion is in the Coastal Area, and you a a state agency, complete the C stal Assessment farm before proceeding with this assessment. 5 O C T - 1 7 - 8 9 M O M 1 3 : 1 4 P . O Z FISHER$ I$LAND WATER WORKS CORPORATION FISHERS ISLAND NEW YORK 08390 AREA COOK 516/788-72SI May 11, 1988 TO WHOM IT MAY CONCERN- The Fishers Island water `works will supply water to the Walsh Park Affordable Housing project . Water mains and sewer lines will be supplied and installed by the Walsh Park Bonev©lent Corporation . If you have any further questions , please call 516-788--7131 . Si er 1 , Robert E. Wall Manager RW/mc '1 /TH0MA-SF- D0HEAt'- pu,411C Slate of New �Gr� No. 4908550 Tarr► ExPIMS 12,31/8% ,' — L-.:: G r-1cJr•4 1 :a4 47 F, 0:2 14.16-2 (2J87)-7C 817.21 SEAR Appendix A State 12nvlronmontal ta,iality AAVIaw r FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action maybe nir,,lificant. The question of whether an action maybe significant is not always easy to answer, frequent ly, there are aspects of a project that are subjective or unmeasureabte. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. �• , The full EAF Is intended to provide a method whereby applicants and 9gencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. run EAF Components: The full EAF is comprised of three parts: , '• "•Part 1: Provides objective data and ln*formatian about a giver" project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, It provides guldpce as to whether an impact is likely co be considered small to moderate or whether it is a potentially- large'impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the Impact is actually important. DETERMINATlOjd• OF 51G,NlFICANCE -Type 1 and Unlisted Actions ' Identify the Portions of EAF completed for this project: CO Part 1 0 Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropria'te), and any other supporting information, and considering both the magitude and"importance of each impact, it is reasonably determined by the lead agency that; D A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significan# impact on the environment, therefore a negative declaration will be prepared. O B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* O C. The project may result, in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. 'A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of lead Agency Print or Type Name of Responsible Officer in lead Agency Title of Responsible Officer 1 Signature of Responsible Officer in lead Agency Signature of Preparer(If different from responsible officer) Vow i • I PC -r — 1 T — SS 1`101-4 1 2 : S0 PAR-ir 7—PROJECT INFORMATION Prepared by Pro'lect Sponsor NOTICE: This document Is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete'the entire form, Parts A through E. Answers to these questions will be considers as part of the application for approval and may be subject to further verification and public review. Provide any addition' information you believe will be needed to complete Parts 2 and 3.. . It is expected that completion of the full EA1= will be dependent on information currently available and will not involve new studies, research or investigation, If Information requiring Such additional work is unavailable,so indicate and specify each Instance. NAME OF ACTION "t4' ' l LOCATION OF AgMN(Include Stregt Adjkess, Municipality and County) . �PME OF APPL- PONS 8USINES9 TELEPHONE 0/2 owl tS�(e ) 7P�'-713 L AooRF� . CITYIP9--�y r.---ti f/ TATE ZIP CODE�. a�3so NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS CITYIPO STATE [_iiP CODE DESCRIPTION OF ACTION ric©e �wez_, e4,Si lc- S4.6-J��ing•�a� Z .S�-Val'r d Al; Please Complete Fach Question—Indicate N.A. if not applicable A. Site DescrIption Physical setting of overall project, both developed and undeveloped areas. 1. Present land use; (DUrban ❑industrial ❑Commercial ❑Residential (suburban) ❑Rural(non-farm) ❑forest ❑Agriculture 5r0ther 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER MPLETION Meadow or Brushland (Non-agricultural) acres acres r Forested acres _ acres Agricultural (includes orchards, cropland, pasture, etc,) acres acres Wetland (freshwater or tidal as per Articles 24, 25 of EU) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres � acres Roads, buildings and other paved surfaces acres acres Other (indicate type) __ �. Acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: �ell drained 1,64.�,.,. /o of site ❑Moderately well drained � °� of site OPoorly drained — % of site b. If any agricultural land is Involved, haw many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? acres. (See 1 NYCRR 370), 4. Are there hodrnek ni,ternnninvi nn nrnjFb-rt cit0 r1Ypc r-1N� a. What is depth to bedrock? (in feet) 2 �5, Approximate percentage of proposed project with slopes: YO-10 % 010•15% % 015% or greater — 9/6 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes 'ENO Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes �Ido 8. What Is the depth of the water table?> (in feet) 9. Is site located over a primary, principal, or sole source aquifer? C]Yes 'ynkNo 10. Do hunting, fishing or shell fishing opportunities presently exist In the project area? { Yes >Iqqo 11. Does project site contain any species of plant or animal life that Is identified as threatened of endangered? Cayes *10 According to Identify each species 12.-Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) C]Yes XNo Describe • 13. Is the project site presently used by the community or neighborhood as an open space or recreation area?, Oyes �.(No If yes, explain 14. Does the present site include scenic views known to be important to the community? ©Yes "Rwo 1S. Streams within or contiguous to project area: AiA a. Name of Stream and name of River to which it is tributary - -- - — 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. I.s the site served by existing public utilities? %Yes ONo' a) If Yes, does sufficient capacity exist to allow connection? 'RrYes ❑No b) If Yes, will improvements be necessary to allow connection? XYes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dye's %N0 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8. of the ECL, and 6 NYCftR 617? ❑Yes �51No 20. Has the site ever been used for the disposal of solid or hazardous wastes? KYes ` QNo B. Project Description • 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor -v�-'!933 _ acres. b. Project acreage to be developed: — I - acres initially; �_ acres ultimately. C. Project acreage to remain undeveloped / I acres. d. Length of project, in miles: N A (if appropriate) e. 1f the project is an expansion, indicate percent of expansion proposed N A %; f. Number of off-street parking spaces existing _ CJ . ; proposed /-) 2iv�w4yJ S. Maximum vehicular trips generated per hour /A (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially /. Ultimately 4), 1. Dimensions (in feet) of largest proposed structure height; .�is I width; _10— length. I. Linear feet of frontage along a public thoroughfare project will occupy is? AtIA ft. 3 - O C T - 1 7 - es m O N I 3 ? P . O � 2. Now much natural material 0--e,, rock, a �, etc.) will be removed from the site? _ tons/cubit yards 3. Will disturbed areas be reclaimed? OYe; ONo NfN/A ' a. If yes, for what Intender purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? . . Oyes ONo c. Will upper subsoil be stockpiled for reclamation? OYes• ONo 4, Now many acres of vegetation (trees, shrubs, ground covers) will be' removed from site? `Q --- acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? O yes 1, 10 6. If single phase project: Anticipated period.of construction g months, (including demolition). y. If multi-phased: a. Total number of phases anticipated ' (number), b. Anticipated date of commencement phase 1 month r9 year, (including demolition). c. Approximate completion, date of final phase �.�^, month year, d, Is phase 1 functionally dependent on subsequent phases? Dyes 0 8. Will blasting occur during construction? Oyes 1�v0 9, Number of jobs generated, during construction g:D 4 ; after project is complete tl 10. Number of jobs eliminated -by this project 11. Will project require relocation.,of any projects or facilities? Oyes D5No if yes, explain 12. Is surface liquid waste disposal involved? Oyes �SNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body Into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 1Yes . ONo Type i?4 4 14. Will surface area of an existing water body increase or decrease by proposal? Dyes RTNo Explain 15. Is project or any portion of project located in a 100 year flood plaini. Dyes 'V�No 16. Will the project generate solid waste? ` Yes ONo // a. if yes, what is the amount per month fry tons MIUSO"be%t SQe$,aul �icr2, b. if yes, will an existing solid waste facility be used? Wes ONo J e. if yes, give name _1,oear r!�4r��a''/i" ry ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes XN0 e. If Yes, explain 17. Will the project involve the disposal of solid waste? Myes U16 a. If yes, what is the anticipated rate of disposal? u A ' tons/month. b. If yes, what is the anticipated site life? As � years. 18. Will project use herbicides or pesticides? Oyes %No ; 19. Will project routinely produce odors (more than one dour per day)? OYes *0 20. Will project produce operating nolse exceeding the local ambient noise levels? ❑Yes �No 21. Will project result in an In ase in energy use? V�Os ONo if yes , indicate type(s) r`Ti,�ti 22. If water supply is from wells, indicate pumping capacity u A $allonslminute, 23.' Total anticipated water usage per day Gold gallons/day. (36O K/2) 24. Does project involve Loral, State or Federal funding? Oyes 19No If Yes, explain 4 0C T — 1 — eS 1`10N 1 . 1 4 F . 02 25. Approvals Required: Submittal Type Date City, Town, Village Board ❑Yes 0 City, Town, Village Planning Board ' .Yes ❑No� ' 'r, City, Town zoning Board pYes %No City. County Health Department gYes nNo tr _ Other local Agencies ( yes 594No Other Regional Agencies ❑Yes qNo State Agencies EjZYes 0No 421", 6. , Federal Agencies C)Yes ITNo , C. Zoning and Planning information' 1. Does proposed action involve a planning or zoning decision? JZYes ❑No If Yes, indicate decision required: ❑zoning amendment ©zoning variance ❑special use permit 'subdivision Osite plan ❑new/revision of master plan ❑resource m ement plan ❑other 2. 'What is the zoning classification(s)of the site? USiAl2A-r7$A _ 2X_ - 3. What is the maximum potential development of the site if developed as permitted by the present zoning? i 4. What is the proposed zoning of the site? � S. What 1s the maximum potential development of the site if developed as permitted by the proposed zoning? 5. is the proposed action consistent with the recommended uses in adopted local land use plans? &des ONo 7. What are the pr it land use(s) and zoning classifications within a '/4 mile radius of proposed action? I Am'A 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? %Yes ❑No �. If the prvpuSrUl G--LIVtI lb dir bubdivioun of Idnd, how man tots are proposecir _✓_'ri+___ „ a. What Is the minimum lot size proposed? Ae- . 10, Will proposed action require any authorizations) for the formation of sewer or water districts? ❑Yes CRNo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? %Yes ONO, a. If yes, is existing capacity sufficient to handle projected demand? 0Yes ONO � 12. Will the proposed action result in the generation of traffic significantly above present levels? QYes '%No a. if yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your oroposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify t .t the information rovid a is truce to the be o my knowledge. Applicant/S o or me i o Date 171 Sign.7ture tdd r Title it the ac icon is in the Coastal Area, and you a a state agency, complete the C stal Assessment Form before proceeding with this assessment. 5 OCT - i t - eS r•101,4 1 3 i =? P 10z FISHERS ISLAND WATER WORKS CORPORATION FISHERS ISLAND NEW YORK 06390 AREA COOK 516/7SS-7251 May 1101988 _ TO WHOM IT MAX CONCERN- The Fishers Island Water Works will supply water to the Walsh Park Affordable Housing project . Water mains and sewer lines will be supplied and installed by the Walsh Park Benevolent Corporation . If you have any further questions , please call 516-788-7131 . fSi rl er 1 Robert E. Wall Manager RW/mc '1 THOMAS F. 00HEAt'O,Irk, No`ary Pub+tc State of New der+ No. 4008550 0 Tolm frY00 t2�3Udl+ r 14.16-2 (2187)-7c 617.21 SEOR Appendix A StAte E'nvironmontal 01114itity AAvtAW FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine,_in an orderly manner, whether a project or action may to slgnificant.The gUostion of whether an action maybe significant is not altiYays cosy to answrr, frcquent ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis, In addition,'many who have knowledge in one particular area may not be aware of the broader concerns affecting the question Of significance. , The full EAF Is Intended to provide a method whereby applicants and agencies can be assured that the determination " process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Fult EAF Components: The full EAF is comprised of three parts: '. 'Part is Provides objective data and (nformation about a given project and its site. By Identifying basic project.. data, it assists a reviewer In the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, It provides guld�nce as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large'impact, The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 Is ldentified as potentially-large, then Part 3 is used to evaluate whether or not the Impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions ' Identify the Portions of EAF completed for this project: ❑ Part 1 0 Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and"importance of each impact, it is reasonably determined by the lead agency that; D A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* O C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in lead Agency Title of Responsible Officer I Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from responsible officer) (data i a r•10ha 1 2 _ Sera P PART 9—iPROJEC'i IiNFO MATION Prepared by Prolect Sponsor NOTICE: This document Is designed to assist in determining whether the action proposed may have a significant effec, on the environment. Please complete,the entire form, Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete.parts 2 and 3.• It is expected that completion of the full EAF•will be dependent on information currently available and will not in new studies, research or investigation, If Information requiring such additional work is unavailable, so indicate and specify each Instance. NAME OF ACTION LOCATION OF A,a QN(Include Street Adgzess, Municipality and County) . 'S N vS� • MI&ILt OF APPL8U7(SS E TELEPHONE�® �v t/a .v " n 2 a A/ 1e ) 7 Ps 7/3 �. ADDRt;$8'"'� C!?YIP --;" TATE 21P CODE -�' N / ,,�� oto�so NAME OF OWNER(If different) BUSINESS TELEPHONE ADORESS ( ) CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential(suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture FOther QA A-1 2, Total acreage of project area: acres. APPROXIMATE ACREAGE �� PRESENTLY AFTER CQMPI.ETION Meadow or Brushland (Non-agricultural) acres �'!/ acres ' Forested _.r acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECI..) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres Other (Indicate type) acres 3. What is predominant soil types) on project site? ___zQA n;'2. a. Soil drainage: 4�Well drained 26 % of site ❑Moderately well drained % of site OPoorly drained — % of site b. If any agricultural land is Involved, how many acres of soil are classified within soil group 1 through 4 of the NY Lard Classification System? acres. (.See 1 NYCRR 370). 4. Are there hPdrork nurrr6nninkpt nn nrniPrt citF? I"1Ypc nN„ a• What is depth to bedrock? (in feet) 2 U C T — t7 — S S 1'1 0 r•4 1 :=. 25. Approvals Required: Submittal Tyne Date City, Town, Village hoard OYes ''p%No City, Town, Village Planning Board QYes ❑No 17 'f:Lj . City, Town zoning Board Dyes %No City, County Health Departme-tit QYes ONO Other Local Agencies QYes (4No Other Regional Agencies ❑Yes 'ZNo State Agencies 1Wes ONO , �. Federal Agencies ❑Yes I5jrNo ' C. Zoning and Planning Information' 1. Does proposed action involve a planning or zoning decision? 9Yes ONO If Yes, indicate decision required: ❑zoning amendment ©zoning variance ❑special use permit Wsubdivision ❑site plan ❑new/revislon of master plan ❑resource m ement plan ❑other 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? i 4. What is the proposed zoning of the site? A S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? ;am 5. Is the proposed action consistent with the recommended uses in adopted local land use plans? W es ONO 7. What are the pr inant land use(s) and zoning classifications within a '/4 mile radius of proposed action? b t Are,'A� 8. is the proposed action compatible with adjoining/surrounding land uses within a t/ mile? V 'es ONO Q. IF the prvpoSeJ a%-[wti is tlic autn,l1v151U11 Ur ldnd, how man lots are proposedr - ✓�^ a. What Is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Oyes Flo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? QYes ONO a. If yes, is existing capacity sufficient to handle projected demand? 19yes ONO ' 12. Will the proposed action result in the generation of traffic significantly above present levels? QYes ''%No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. if .there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verifleation certify t ?t the information rOvid a is tnuA to the be�o my knowledbe. ApplicanrJS o or ume Date /� 19 (� ! <P $ign,ih+re eta e �. • Title If the ac ion is in the Coastal Are with this assessment. a, and you a a state agerity, complete the C stal Assessment Form before proceeding 5 O C T - 1 i - S 1 r1 G N I 1 -i P _ 4� FISHER$ ISLAND WATER WORKS CORPORATION FISHERS ISLAND NEW YORK 08890 AREA CODE $1$/788.72SI May 11 , 1988 x0 WHOM IT MAY CONCERN- The Fishers Island Water Works will supply water to the Walsh Park Affordable Housing project , Water mains and sewer lines will be supplied and installed by the Walsh park Benevolent Corporation . If you have any further questions , please call 516-788-7131 . Sirs er 1 , Robert E. Wall Manager RW/mc "1 TW AIAS F. DOHEfITv'lk. Notary Pu1+1e Slate of New Ycr� No. 4608559 OUAIII14d In 8uffelk r oun1. Tom Esplfts 12li/84 �S. Approximate percentage of proposed project awi[h slopes: 10 • 015% or greater 6. Is project substantially contiguous to, or contain a building,,-. site, or district, listed on the State or the National Registers of Historic Places? ❑Yr.s 1!dNo Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? IOYeS VNo 8. What Is the depth of the water table?ram # (in feet) 9. is site located over a primary, principal, or sole source aquifer? ❑Yes •Y5,ivo 10. Do hunting, fishing or shell fishing opportunities presently exist In the project area? Oyes XNO 11. Does project site contain any species of plant or animal life that is identified as threatened of endangered? Dyes o According to Identify each species 12.-Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Oyes 5No Describz • 13. Is the project site presently used by the community or neighborhood as an open space or recreation area?, Mes �KNo If yes, explain 14. Does the present site include scenic views known to be important to the community? Byes '5?,No - 1S. Streams within or contiguous to project area: M a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b, Size (In acres) , 17. is the site served by existing public utilities? 15Yes ONo a) If Yes, does sufficient capacity exist to allow connection? 'fYes ❑No b) If Yes, will improvements be necessary to allow connection? ;KYes ❑No 18. Is the site located in an agricultural district'cr;rtified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes KNo 19. Is the site located in or substantially contiguous to a CriticZti Environmental Area designated pursuant to Article 8. of the ECL, and 6 NYCRR 617? ❑Yes 'MNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? KYes ONo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: _7 acres initially; acres ultimately. C. Project acreage to remain undeveloped / I acres. d. Length of project, in miles: N A _ (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed VA off; f, Number of off-street parking spaces existing _ Ca . ; proposed �-� P_VFW4y.% R. hlaximu'm vehicular trips' generated per hour (upon completion of project)? h. If residential; Number and type of housing units: One Family Two Family Multiple family Condominium Initially /.� Ultimately 1A 1. Dimensions (in feet) of 1l,r6est proposed structure J height; _Q V/ width; =, length. j. Linear feet of frontage along a public thoroughfare project will occupy is? At IA ft. 2. flow much '' r'— material (i.e,, rock, earth, etc.) will be. ;�;noved from the site? O tonslcubi�p yards 3. Will disturbed areas be reclaimed? Clyea ❑No �A a. If yes, for what Intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ClYes ONo C. Will upper subsoil be stockpiled for reclamation? Dyes. ❑No t 4. Now many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Q acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Oyes i�lo 6. if single phase project: Anticipated period of construction g months, (including demolition). 7. if multi-phased: a. Total number of phases anticipated ' (n ntber). b. Anticipated date of comrriencement phase 1 -' month f 9 c. Approximate completion date of final phase m o n t h _Year, (including demolition). .r year. d, is phase 1 functionally dependent on subsequent phases? Dyes `�N0 8. Will blasting occur during construction? Dyes ¢ 9. Number of jobs generated: during construction _Q; after project is complete 10. Number of jobs eliminated 'by this project 0 11. Will project require relocation of any protects or facilities? 0Yes ON if yes, explain 12. is surface liquid waste disposal involved; Oyes *VRNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid_waste disposal involved? f�Yes . QNo Type per' 14. Will surface area of an existing water body increase or decrease by proposal? Dyes KNo Explain _ 15. Is project or any portion of project located in a 100 year flood plain;'. Oyes 'yo 16. Will the project generate solid waste? . 'eyes ❑No a. if yes, what is the amount per month ' i' tons 9t1uSS'4/,,( 5,64A&z cxr2, b. if yes, will an existing solid waste facility be used? 19yes ❑No C. If yes, give name �•�d461 44AW_,�.r'// -" ; location d. Will arty wastes not go into a sewage disposal system or into a sanitary landfill? 0Yes 0N0 e. If Yes, explain 17. Will the project involve the disppsal of solid waste? Oyes 5N6 ,. a. If yes, what is the anticipated rate of disposal? N tons/month. b. If yes; what iS the anticipated site life? At A years. 18. Will project use herbicides or pesticides? Dyes %No 19. Will project routinely produce odors (more than one hour per day)? Dyes �lo 20. Will project produce operating noise exceeding the focal ambient noise levels? Dyes �No 21. Will project result In an incr ase in energy use? 1 Yes ONo if yes , indicate type(s) t ' 22. If water supply Is from wells, indicate pumping capacity —IVA gallons/minute, . 23.' Total anticipated water usage per day 60¢ gallons/day. (3,60`./2) 24. Does project involve local, State or Federal funding? Oyes If Yes, explain 4 Town Hall 53095 Main Road P.O. Box 1179 ,; Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD AGENDA PLANNING BOARD SPECIAL MEETING AT FISHERS ISLAND October 14, 1988 4: 00 p.m. Walsh Park- Board to make a determination under the State Environmental Quality Review Act. A Public Hearing on the question of preliminary approval for this major subdivision on 24. 33 acres located on Fishers Island. SCTM' 41000-6-2-3.1. I Notice Ge--Public Hearing NOTICE IS HEREBY GIVEN that I D L5 U L pursuant to Section 276 of the Town 1 Law,a public hearing will be held by STATE OF NEW YORK) the Southold To'�irl, Board, )SS; OCT 1 7 1988 at the Fishe� land School,Fishers Island,Southold,New York in said COUNTY OF SUFFOLK) Town on the 14th day of October, $pl}TIiOLD TQWN 1988 on the question of the follow- PLANNING BOARD mg: 4:00 p.m.Preliminary Approval of Christina Conten to of Mattit the major subdivision of Walsh Park said County, being duly sworn,says that he/she is Principal Benevolent Corporation,at the Town Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, of Southold, County of Suffolk, State of New York:SCTM#11000-6- published at Mattituek, in the Town of Southold, County of 2-3.1. Suffolk and State of New York,and that the Notice of which The Property is bordered on the North by land now or formerly of the annexed Is a printed copy,has been regularly published in Peter?.Nitze,land now or formerly of Thomas D. Duff,Jr.&Elaine A. Said Newspaper once each week for I _ weeks Duff, by Crescent Avenue,by land successively, commencing on the 13 day of now or formerly of Robert O. & Oe�� e r_ 19$g_ Markgrej S. Meyer; on the East by Averwe$,by land now or formerly Zabonh sk;H.-my S ut Annette Avenue;o ski; .m the South by Fox Avenue;on � a_2 the West by Crescent Avenue. /! BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD A Principal Clerk Gv� BENNETT ORLOWSKI,JR. CHAIRMAN MARY K.DEGNAN )'J30-1T013 % // )10 OiARY.PUBLIC,State of New York Sworn to befog met is. Suffolk County No.4849860 f 19 Term Expires Febrt?are �9�,) day of COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the LEGAL NOTICE Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Notice of Public Hearing NOTICE IS HEREBY a public newspaper printed at Southold, in Suffolk County; GIVEN that pursuant to Section j and that the notice of which the annexed is a printed copy, 276 of the Town Law,a_public has been published in said Long Island Traveler-Watchman hearing will be held by the Southold_ Town Planning Board, once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks l at the Fishers Island School, / l Fishers Island, Southold, New L� York in said Town on the 14th successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . day of October, 1988 on the da . . • . •, j question of the following: I 19 . , . . 4:00 p.m.',;P'reliminary Ap- proval of the major subdivision of Walsh Park Benevolent Cor- _ . . . . . . . . . . . . -_. . . . . . . �`r~�• poration, .at the Town of Southold, county of Suffolk, State of New York. SCTM #1000-6-2-3.1. The Property is bordered on the North by land now or for- i Sworn to before me this . . . . . . . . . . . . �. . . . . . . . day of merly of Peter P. Nitze, land .I now or formerly of Thomas D. • . • . . . • , 19 . . . . . Duff Jr. &Elaine A. Duff, by Crescent Avenue, by land now or formerly of Robert O.&Mar- garet S. Meyer; .on the East by Avenue B, by land now or � � formerly of Henry M. & An- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nette Zabohonski;on the South Notary Public by Fox Avenue;on the West by Crescent Avenue.; BARBARA A. SCHNEIDER BY ORDER OF NOTARY PUBLIC, State of New York THE SOUTHOLD TOWN No. 4806846 PLANNING BOARD Qualified in Suffolk Cou ty BENNETT ORLOWSKI JR. Commission Expires ��a I q CHAIRMAN 1X, 10/7/88 (7) )DI ncw, Town Hall, 53095 Main Roads. P.O. Box 1179 Southold, New York 11971 �� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGALS NOTICE Notice of Public Hearing ti NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold town Planning Board, at the Fishers Island School, Fishers Island. Southold, New York in said Town on the 14th day of October, 1988 on the question of the following: 4:00 p.m. Preliminary Approval of the major subdivision of Walsh Park Benevolent Corporation, at the Town of Southold, county of Suffolk, State of New York. SCTM #1000-6-2-3 .1. The Property is bordered on the North by land now or formally of Peter P. Nitze, land now or formally of Thomas D. Duff,Jr. & Elaine A. Duff, by Crescent Avenue, -by land now or formally of Robert 0. & Margaret S. Meyer; on the East by Avenue B, by land now or formally of Henry M. & Annette Zabohonski; on the South by Fox Avenue; on the West by Crescent Avenue. BY ORDER OF THE SOUTHOLD TOWN. ; PLANNING BOARD _, { BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE AND FORWARD ONE AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: New London Day Long Island Travler/Watchman Suffolk Times Y Y 'I 6,.ti ,tea�,� ' .• Town Hall, 53095 Main Road vot P.O. Box 1179 Southold,New York 11971 ��. TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold town Planning Board, at the Fishers Island School, Fishers Island Southold, New York in said Town on the 14th day of October, 1988 on the question of the following: 4:00 p.m. Preliminary Approval of the major subdivision of Walsh Park Benevolent Corporation, at the Town of Southold, county of Suffolk, State of New York. SCTM *1000-6-2-3 .1. The Property is bordered on the North by land now or formally of Peter P. Nitze, land now or formally of Thomas D. Duff,Jr. & Elaine A. Duff, by Crescent Avenue, by land now or formally of Robert O. & Margaret S. Meyer; on the East by Avenue B, by land now or formally of Henry M. & Annette Zabohonski; on the South by Fox Avenue; on the West by Crescent Avenue. BY ORDER OF THE SOUTHOLD TOWN. PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE AND FORWARD ONE AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: New London Day Long Island Travler/Watchman Suffolk Times 7 i Town Hall, 53095 Main Road P.O. Box 1179 c� Southold, New York 11971 , TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 5, 1988 Dr. Thomas A. Roy, Superintendent Fishers Island School Fishers Island, New York 06390 RE: Public Hearing for Subdivision of Walsh Park Benevolent Association SCTM 41000-6-2-3.1 Dear Dr. Roy: This is to conform Ken Edwards conversation that the Planning Board has reserved the Fishers Island School for Friday, October 14, 1988, at 4: 00 p.m. to hold a public hearing on the question of preliminary approval of Walsh Park. Thank you for you cooperation in this matter. truly your BENNETT ORLOWSKI,JR. CHAIRMAN jt P �: sS�c. LPL[-� 1D� ? _ Ui ; :c Town Hall, 53095 Main Road P.O. Box 1179 � Southold,New York 11971 �� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold town Planning Board, at the Fishers Island School, Fishers Island, Southold, New York in said Town on the 14th day of October, 1988 on the question of the following.: 4: 00 p.m. Preliminary Approval of the major subdivision of Walsh Park Benevolent Corporation, at the Town of Southold, county of Suffolk, State of New York. SCTM 41000-6-2-3 .1. The Property is bordered on the North by land now or formally of Peter P. Nitze, land now or formally of Thomas D. Duff,Jr. & Elaine A. Duff, by Crescent Avenue, by land now or formally of Robert O. & Margaret S. Meyer; on the East by Avenue B, by land now or formally of Henry M. & Annette Zabohonski; on the South by Fox Avenue; on the West by Crescent Avenue. BY ORDER OF THE SOUTHOLD TOWN; PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE AND FORWARD ONE AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: New London Day Long Island Travler/Watchman Suffolk Times $gyp August 22, 1988 PLANNING BOARD Larry Penny/John Aldred Environmental• Consultants For Fisher's Island 1453 Noyac Road, Sag Harbor, N.Y. 11963 Mr. Benjamin Orlowski Attn: Walsh Park Affordable Chairman Housing Project Southold Town Planning Board Fisher's Island, N.Y. Town Hall (SCTM No. 1000-6-2-3.1) 53095 Main Road P.O. 'Box 728 Southold, N.Y. 11971 Dear Mr. Orlowski Please find enclosed copies of correspondence'•with the Solid Waste office of the New York Statc, .DEC, Stony Brook, N.Y. It will be germane to your review of the Walsh Park Affordable Housing subdivision for Fisher's Island. It would appear. that the state DEC response to our letter indicates that if certain minimal pre- cautions are taken as outlined in the correspondence,the landfill histoi!y for a portion of the site should not present a major obstacle to the design and implementation of the proposal. We would also advise that the representation of the wetlands(swamp forest type) as shown on the Chandler, Palmer and King "Survey Map" revised July 25, 1988, showing yield, accurately represents our line 'of• pink ribbons tied in the field earlier in the year. Consequently, with respect- to wetlands, we feel that the Board should now have a good idea of their magnitude with respect to the project. It would seem to this observer that the map can be designed based on current yield in such a way that the wetlands will be protected, while the lots and their building areas will be sufficiently removed from them. Please don't hesitate to call on us should you require further information with respect to the wetlands and the natural resources on the site. Incidentally, while I was on the site during my last visit to the island, I examined it for endangered and threatened species. I found no rare species of plants on the site- (perhaps, owing to its �isturbed nature) . The nesting osprey on Crescent Avenue was obvious. (About which I believe you have already heard from the DEC) . Sincerely, Larry Penny LTP:lp Encl. �/� cc. Town Trustees u*ssJY.raS'..!'... r ....... ..........n-... .....•....vw........., n-..... .. . ......... . . ...a. .s..•i.,i. n. . .-...-.r.. ..s.- N...Yh!!(..Y.w.)[p iNilir u.r..i Wlva•p...w. �M .n.t•r..r...r n.N.WLu.tYttr.:. tiY New York State Department of Environmental Conservation,-) Building 40—SUNY, Stony Brook, New York 11794 (516) 751-7900 July 28, 1988 Thomas C. Jorling Commissioner Mr. John Aldred Environmental Consultants to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor, NY 11963 Re: Housing project on the old dumping site on Fishers Island Dear Mr. Aldred: We have completed our review of the letter and the s -vey map submitted on June 27, 1988. Generally we have no objection regarding the housing project on the old dumping site on Fishers Island, but we would like you to work in accordance with the following reservations. 1. No building, or permanent structures, can be built over landfill in Lots 2 and 3 . Reason: possible settlement problems and/or gas generation. 2. Bi-annual sampling for methane is required to continue for 2 years after people inhibit homes built on site. 3. In property deed for lots 2 and 3 , and open space, let us add a paragraph advising future owner that former landfill is on site. To that end, it is requested that you inform the undersigned or Paul Roth, in writing, of your steps to follow up the above reservations. Should you have any questions, please do not hesitate to contact me. Very truly yours, A f Anit Patel AP:mz Junior Engineer cc: P. Roth S. Farkas 1 August 22, 1988 SEP ' 6 198$ SOUTHOLD TOWN Larry Penny/John AldreMww..-Lk PLANNING BOARD .Environmental Consultants For Fisher's Island 1453 Noyac Road, Sag Harbor, N.Y. 11963 Mr. Benjamin Orlowski Attn: Walsh Park Affordable Chairman Housing Project Southold Town Planning Board Fisher's Island, N.Y. Town Hall (SCTM No. 1000-6-2-3.1) 5 30 95 Main Road P.O. Box 728 Southold, N.Y. 11971 Dear Mr. Orlowski Please find enclosed copies of correspondence with the Solid Waste office of the New York State DEC, Stony Brook, N.Y. It will be germane to your review of the 'Walsh Park Affordable Housing subdivision for Fisher's Island. It would appear that the state DEC response to our letter indicates that if certain minimal pre- cautions are taken as outlined in the correspondence,the landfill histoey for a portion of the site should not present a major obstacle to the design and implementation of the proposal. We would also advise that the representation of .the wetland s(swamp forest type) as shown on the Chandler, Palmer and King "Survey Map" revised July 25, 1988, showing yield, accurately represents our line of pink ribbons tied in the field earlier in the year. Consequently, with respect to wetlands, we feel that the Board should now have a good idea of their magnitude with respect to the project. It would seem to this observer that the map can be designed based on current yield in such a way that the wetlands will be protected, while the lots and their building areas will be sufficiently removed from them. Please don't hesitate to call on us should you require further information with respect to the wetlands and the natural resources on the site. Incidentally, while 1. was on the site during my last visit to the island, I examined it. for endangered and threatened species. I found no' rare species, of plants on the site• (perhaps, owing to its disturbed nature) . The nesting osprey on Crescent Avenue was obvious. (About which I believe you have already heard from the DEC) . Sincerely, Larry Penny LTP:lp Encl. cc. Town Trustees a 01 New York State Department of Environmental Conservation Building 40—SUNY, Stony.Brook, New York 11794 ( 516) 751-7900 July 28, 1988 Thomas C. Jorling Commissioner Mr. John Aldred Environmental Consultants to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor, NY 11963 Re: Housing project on the old dumping site on Fishers Island Dear Mr. Aldred: We have completed our review of the letter and the survey map submitted on June 27, 1988. Generally we have no objection regarding the housing project on the old dumping site on Fishers Island, but we would like you to work in accordance with the following -reservtions. 1. No building, or permanent structures, can be-, built over landfill in Lots 2 and 3 . Reason: possible settlement problems and/or gas generation. 2. Bi-annual sampling for methane is required to continue for 2 years after people inhibit homes built on site. 3 . In property deed for lots 2 and 3, and open space, let us add a paragraph advising future owner that former landfill is on site. To that end, it is requested that you inform the undersigned or Paul Roth, in writing, of your steps to follow up the above reservations. Should you have any questions, please do not hesitate to, contact me. Very truly yours, fli-M Anit Patel Junior Engineer AP:mz cc: P. Roth S. Farkas Larry Penny/ John Aldred Environmental Consultants to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor, N.Y. 11963 June 23, 1988 Mr. Paul Roth Division of Solid Waste N.Y. Dept. of Environmental Conservation Bldg. 40 State Univ. of New York Stony Brook, N.Y. 11794 Dear Mr. Roth, Pursuant to our conversation several.weeks ago regarding an old dumping site on the grounds of the Walsh Park Benevolant Association's proposed affordable housing project on Fisher's Island, I am forwarding the material you requested. The site was bought by Island residents from a developer for the express purpose of providing affordable housing for a dwindling year round local population. Walsh Park Benevolant has been established to implement and oversee the plan. A notarized affidavit by Judge Raymond-Edwards (also a Southold Town Councilman) outlining the history of use of the site is included. A survey of the property was prepared by Chandler, Palmer & King, engineers and surveyors from Norwich, Connecticut and is also included. The area of debris is noted on the survey. A personal communication with Mr. Richard Strauss of Chandler, et. al. revealed that the area was discovered while digging test holes to determine sub-surface conditions. The debris consisted predominantly of metal cans and small scrap. Holes were dug to determine the limits of the debris. Holes at the periphery were dug to the full limit of the machine, ten to twelve feet deep, and only sands were encountered. The soils in the area as mapped by the U.S. Dept. of Agriculture (Suffolk County Soil Survey) would indicate a Carver-Plymouth Sand and Riverhead and Plymouth Very Bouldery Soil (unique to Fishers Island) to be found here. The soil map is also included. The attached site location map shows the property to be located in the north- western portion of the island. It should be noted that this site, as well as virtually all of Fishers Island,is served by public water. The 'source of water is a reservoir located in the middle of the Island (see also site location map) . A test for methane gas was performed on May 28, 1988 by Larry Penny. Two weeks prior to this date a slotted four inch PVC pipe was sunk in the center of the area of debris to seven to eight feet below grade. A Surveyor, Model 1238 it; r Paul Roth NYDEC page 2 methane detector was used to perform the test. When testing for lower explosion limit, nothing registered on the meter. When testing for ppm methane, two readings were taken, five minutes apart. Readings were 75ppm and 80ppm respectively. We hope this information is sufficient to allay any concerns ,and that we may be notified as such shortly. Should you need additional information or wish to discuss this matter in any way please feel free to contact either of us at 329-1449 or 725-4521. One of us will be visiting the island within the next few weeks ,and I would appreciate hearing from you, if only preliminarily, before then,in the event something from there may be needed. Thank you for your considerate attention to this most important matter to all Fishers Islanders. Very Truly Yours, 1 John Aldred Enclosures cc: John Clavin ,Walsh Park Benevolant Robert Villa, Suffolk County Dept. Health Town of Southold Planning Board 4 FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III � ® (516)765-1892 O� JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 8 , 1988 Mr. Larry Penny 1453 Noyac Road Sag Harbor, New York 11963 Re: Walsh Park Affordable Housing Project Fishers Island - 1000-6-2-3 . 1 Dear Mr. Penny: Transmitted herewith for your review and information, is a Long Environmental Assessment Form and a copy of the proposal for the above project. Please forward your written comments to this office at the earliest possible date. Very truly yours, Frank A. Kujawski, Jr. , Pres. Board of Town Trustees FAK:ip Attachment cc: Conservation Advisory Council file Larry Penny/,.J,oh.n Aldred Environmental Consultants to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor,, N.Y. 11963 June 23, 1988 Mr, Paul Roth ' Division of Solid Waste N.Y. Dept. of Environmental Conservation Bldg. 40 State Univ. of New York Stony Brook, N.Y. 11794 Dear Mr. Roth, Pursuant to our conversation several.weeks ago regarding an old dumping site on the grounds of the Walsh Park Benevolant Association's proposed affordable housing project on Fisher's Island, I am forwarding the material you requested. The site was bought by Island residents from a developer for the express purpose of providing affordable housing for a dwindling year round local population. Walsh Park Benevolant has been established to implement and oversee the plan. A notarized affidavit by Judge Raymond-Edwards (also a Southold Town Councilman) outlining the history of ,use of the site is included. A survey of the property was prepared by Chandler, Palmer & King, engineers. and surveyors from Norwic.h, Connecticut and is also included. The. area of debris is noted on the survey. A personal communication with Mr. Richard Strauss of Chandler, et. al. revealed that the area was discovered while digging test,.-holes to determine sub-surface conditions. The debris consisted predominantly of metal cans and small scrap. Holes were dug to determine the limits of the debris. Holes at the periphery were dug to the full limit of the machine, ten to twelve feet deep, and only sands were encountered. The soils in the area as mapped by the U.S. Dept. of Agriculture (Suffolk County Soil Survey) would indicate a Carver-Plymouth Sand and Riverhead and Plymouth Very Bouldery Soil (unique to Fishers Island) to be found here. The soil map is also included. The attached site location map shows the property to be located in the north- western portion of the Island. It should be noted that this site, as well as virtually all of Fishers Island,is served by public water. The source of water is a reservoir located in the middle of the Island (see also site location map) . A test for methane gas was performed on May 28, 1988 by Larry Penny. Two weeks prior to this date a slotted four inch PVC pipe was sunk in the center of the area of debris to seven to eight feet below grade. A Surveyor, Model 1238 a Paul Roth NYDE C _. Page 2 methane detector was used to perform the test. When testing for lower explosion limit, nothing registered on the meter. When testing for ppm methane, two readings were taken, five minutes apart. Readings were 75ppm and 80ppm respectively. We hope this information is sufficient to allay any concerns ,and that we may be notified as such shortly. Should you need additional information or wish to discuss this matter in any way please feel free to contact either of us at 329-1449 or 725-4521. One of us will be visiting the island within the next few weeks ,and I would appreciate hearing from you, if only preliminarily, before then,in the event something from there may be needed. Thank you for your considerate attention to this most important matter to all Fishers Islanders. L Very Truly Yours, John Aldred Enclosures cc: John 'Clavin ,Walsh Park Benevolant Robert Villa, Suffolk County Dept. Health Town of Southold Planning Board August 22, 1988 Sip - 0 I988 SOUTHOLD TOWN Larry Penny/John AldreIR PLANNING BOARD Environmental Consultants For Fisher's Island 1453 Noyac Road, Sag Harbor, N.Y. 11963 Mr. Benjamin Orlowski Attn: Walsh Park Affordable Chairman Housing Project Southold Town Planning Board Fisher's Island, N.Y. Town Hall (SCTM No. 1000-6-2-3.1) 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Dear Mr. Orlowski Please find enclosed copies of correspondence with the Solid Waste office of the New York State DEC, Stony Brook, N.Y. It will be germane to your review of the Walsh Park Affordable Housing subdivision for Fisher's Island. -It would appear. that the state DEC response to our letter indicates that if certain minimal pre- cautions are taken as outlined in the correspondence,the landfill histozy for a portion of the site should not present a major obstacle to the design and implementation of the proposal. We would also advise that the representation of the wetlands(swamp forest type) as shown on the Chandler, Palmer and King "Survey Map" revised July 25, 1988, showing yield, accurately represents our line of pink ribbons tied in the field earlier in the year. Consequently, with respect to wetlands, we feel that the Board should now have a good idea of their magnitude with respect to the project. It would seem to this observer that the map can be designed based on current yield in such a way that the wetlands will be protected, while the lots arid .their building areas will be sufficiently removed from them. Please don't hesitate to call on us should you require further information with respect to the wetlands and the natural resources on the site. Incidentally, while I was on the site during my last visit to the island, I examined it for endangered and threatened species. I found no rare species of plants on the site• (perhaps, owing to its disturbed nature) . The nesting osprey on Crescent Avenue was obvious. (About which I believe you have already heard from the DEC) . Sincerely, Larry Penny LTP:lp Encl. cc. Town Trustees P New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 ( 516) 751-7900 July 28, 1988 Thomas C. Jorling Commissioner Mr. John Aldred Environmental Consultants to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor, NY 11963 Re: Housing project on the old dumping site on Fishers Island Dear Mr. ,Aldred: We have completed our review of the letter and the survey map submitted on June 27, 1988 . Generally we have no objection regarding the housing project on the old dumping site on Fishers Island, but we would like you to work. in accordance with the following reservations. 1. No building, or permanent structures, can be built over landfill in Lots 2 and 3. Reason: possible settlement problems and/or gas generation. 2. Bi-annual sampling for methane is required to continue for 2 years after people inhibit homes built on site. 3 . In property deed for lots 2 and 3, and open space, let us add a paragraph advising future owner that former landfill is on site. To that end, it is requested that you inform the undersigned or Paul Roth, in writing, of your steps to follow up the above reservations. Should you have any questions, please do not hesitate to contact me. Very truly yours, A4 T Anit Patel Junior Engineer AP:mz cc: P. Roth e S. Farkas .[ ' t V Larry Penny/ John Aldred Environmental Consultants to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor, N.Y. 11963 June 23, 1988 Mr. Paul Roth Division of Solid Waste N.Y. Dept. of Environmental Conservation Bldg. 40 State Univ. of New York Stony Brook, N.Y. 11794 } Dear Mr. Roth, Pursuant to our conversation several.weeks ago regarding an old dumping site on the grounds of the Walsh Park Benevolant Association's proposed affordable housing project on Fisher's Island, I am forwarding the material you requested. The site was bought by Island residents from a developer for the express purpose of providing affordable housing for a dwindling year round local population. Walsh Park Benevolant has been established to implement and oversee the plan. A notarized affidavit by Judge Raymond-Edwards (also a Southold Town Councilman) outlining the history of use of the site is included. A survey of the property was prepared by Chandler, Palmer & King, engineers and surveyors from Norwigh, Connecticut and is also included. The area of debris is noted on the survey. A personal communication with Mr. Richard Strauss of Chandler, et. al. revealed that the area was discovered while digging test holes to determine sub-surface conditions. The debris consisted predominantly of metal cans and small scrap. Holes were dug to determine the limits of the debris. Holes at the periphery were dug to the full limit of the machine, ten to twelve feet deep, and only sands were encountered. The soils in the area as mapped by the U.S. Dept. of Agriculture (Suffolk County Soil Survey) would indicate a Carver-Plymouth Sand and Riverhead and Plymouth Very Bouldery Soil (unique to Fishers Island) to be found here. The soil map is also included. The attached site location map shows the property to be located in the north- western portion of the Island. It should be noted that this site, as well as virtually all of Fishers Island,is served by public water. The source of water is a reservoir located in the middle of the Island (see also site location map) . A test for methane gas was performed on May 28, 1988 by Larry Penny. Two weeks prior to this date a slotted four inch PVC pipe was sunk in the center of the area of debris to seven to eight feet below grade. A Surveyor, Model 1238 Paul Roth NYDEC page 2 methane detector was used to perform the test. When testing for lower explosion limit, nothing registered on the meter. When testing for ppm methane, two readings were taken, five minutes apart. Readings were 75ppm and 80ppm respectively. We hope this information is sufficient to allay any concerns ,and that we may be notified as such shortly. Should you need additional information or wish to discuss this matter in any way please feel free to contact either of us at 329-1449 or 725-4521. One of us will be visiting the island within the next few weeks ,and I would appreciate hearing from you, if only preliminarily, before then,in the event something from there may be needed. Thank you for your considerate attention to this most important matter to all Fishers Islanders. Very Truly Yours, John Aldred Enclosures cc: John Clavin ,Walsh Park Benevolant Robert Villa, Suffolk County Dept. Health Town of Southold Planning Board L r•� FRANK A. KUJAWSKI, JR., President g TELEPHONE Y ALBERT J. KRUPSKI, JR., Vice-President '77 (516)765-1892 JOHN M. BREDEMEYER, III ® O� JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 8, 1988 Mr. Larry Penny 1453 Noyac Road Sag Harbor, New York 11963 Re: Walsh Park Affordable Housing Project Fishers Island - 1000-6-2-3.1 Dear Mr. Penny: Transmitted herewith for your review and information, is a Long Environmental Assessment Form and a copy of the proposal for the above project. Please forward your written comments to this office at the earliest possible date. Very truly yours, Frank A. Kujawski, Jr. , Pres. Board of Town Trustees FAK: ip Attachment cc: Conservation Advisory Council file d s ® a 1 • y*T Y • t h • . �fvfi " M " •NE B �,�. it'N N •"t s x FLOOD ELEVATIONS 4.; COASTAL BASE OF THE APPLY • • OSHORELINE SHO N WN a 4 f 3 • WiN 7. till III x � � l l 10/ Larry Penny/John Aldred Environmental Consultant v To Fisher's Island For Southold Town Board 1453 Noyac Road Sag Harbor, N.Y. 11963 BOARD Mr. Frank A. Kujawski, Jr. President Board Of Town Trustees Attn: p -MUsW----k AfT,o ab��ew:I—EM �ng� Town Of Southold Crescent Ave. Town Hall, 53095 Main Road Fisher's Island, N.Y. P.O. Box 728 r5CTM�No-1.000=6=2=31) Southold, N.Y. 11971 Dear Mr. Kuj awski Regarding the proposal of Walsh Park Benevolent Corporation we have the following preliminary comments. We flagged the freshwater wetlands on the parcel several months ago so that they could be placed on a survey for review by involved agencies and boards during the application process. with respect to meeting setback requirements. We have recently received verification of our flagging by Mr. Charles Hamilton of the DEC. He also informed us that the freshwater wetlands office of the DEC had received a survey with a partial wetland line and would require a completed line in order to begin their review of the application for this project. Mr. John Clavin of Walsh Park Benevolent Corporation has informed us that he is aware of this omission on the survey and that the surveyor is in the process of completing the line. I might add that the portion of the line that is on the survey seems accurately placed and that on our trip to Fisher's Island next week we will be rechecking the flagged line and replacing any ribbons that may have been obscured or removed. Once -we have a chance to review the completed wetland line one the revised survey we will send along our comments in satisfaction of your request. Sincerely, J1hn Aldred Larry Penny 1 . �•ll: arl '{ II. I: ,I� (:lllliilr � -00 -i I 69 tl hulVil .'lu ss I I lar ,II 1, �rnmock. Co _ f /' I r rl C c .17r r ,11.10l^II l'1` ,I, ) -� I I � II t •;:I :�11„ ` S Il�y � 'l':�. � � ill'•( `3 21 U r •7•.r'',I ,••) l r�'I J1j �� •� r6I +�l �� Ir.i:; '1t.(• c�u cc o y I J ' �__Ia'r v ''r• ',�;j/l r 1!jL1111. i� �1 S 4_.:../. L'1'! I. . 6 Nort �. 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'(� TC F(: -. s' p LAIC, q E51 III)E ()/oo —W - A MPN/IOOm1 MI'N/I011ml RI MARKS JC 460 EXAMINED BY (NAME, NCIr INITIALS) DATE EXAMINED TIME EXAMINED (INC:URATION BWUN) t�r•:':UIN�;S 1jY (IttI`I'ITiLS) ----._---•--- — — -+ —1.. (24) LT(48) I)c;('14) — -_ I1G(48) l?l;(2 40) r li'U'1'A'1'10I15 BY (INITIALS) C'(X11'l1'1'A1'IOCIS CIIF�CKl;h IiY (1NI'P1Al.:i) 'VEMPERATURE. CONTROl� I)IVL!.11(.)14 OF MAR111L RESOURCE. BAY SURVEY (Name,1101 lifflials) HAY DAIE COLLECTED H I L I AD. N Isl I IDL %At. I c I C REMARKS Woo w A WIN/100ml MPN/1001111 7,5 ? ISO i e L7 .4, C/1 NA EXAMINED TIME EXAMINED (INCUllATION BEGUN) tIPLES EXAI-1114ED BY (NAME, HCYP INITIALS) DATE E !(EADI HGS-1�� (INITIALS) 24) (4 r") c(4 A,(2 4) LT(4 8) 13G(48) EC(24) r, ) OMPUTAT16111S BY (INITIALS) COMPUTATIONS Of CK-D BY (INITIALS) TEMPE CON` HOL BAY SURVEY - --—BA --E Il1Y(N,u��c,niN Initials) - Y - IMI CULLECIEU ' . i p ^ I /I. —------- — SAI. c TC EC RI MARKS I All. 9 EST I IDE 0/ll0 WIN/--.. - ---A 'N/100ml MPN/100nd — — -- - v . - r . .i -- -------------------- ------ -_ DATE EXAMINED TIME EXAMINED (INCUBATION BEGUN) :,Ata'LES EXAT11-14ED BY (IIAME, NOT INITIALS) r.� r.� 1 r..• _ Ick;IOltk;�145Y (itIITIALS) ���` �(48 / j1"� rC(24) t:C 40)(fov — �.'1 ("l4) ( ,` / IT(48) 1 r Bc (:I, �•! �• '1'[Ml'hIIA'1'tJ)il: CON'rhot. COMPUTATIONS CII ICE • 13Y (INIIIAIS) l:L APUTATIONS 13Y (INITIALS) CHANDLER, PALMER & KING 110BROADWAY NORWICH,CT.06360 ARCHITECTS, ENGINEERS & SURVEYORS AREA CODE 203.889-3397 PERCY JOE KING, R.A., A.I.A. RICHARD H. STROUSE, P.E., L.S. GORDON C. HYDE, R.A., A.I.A. July 26, 1988 j1 i 1 LT U JUL 2819W Bennett Orlowski, Jr. , Chairman Planning Board - Town of Southold W UHULDT�OW Suffolk County PLANNING AR Southold, N.Y. 11971 Re: Walsh Park - SCTM #k1000-6-2-3.1 Dear Mr. Orlowski: Enclosed, please find three (3) copies of a revised yield map per your letter of June 21, 1988. Please contact me if you have any questions. Very t uly' y urs, Richar H. Strouse RHS:mma Enc. cc: John Clavin (six (6) copies) L C� E 0 "✓;elf �.! ,C`tA .s,, JUL 1 4 1988 `SOUTHOLDTOWN Jae'.., rg � ca� d LANNING BOARD [a en jeye7efle JOHN CLAVIN President eM 0EC i C' C- C cl "I ZAP' '-4- AL FISHERS ISLAND, NEW YORK 06390/ 516-788-7001 P AI N.G'°BQA D Ty Southold, N.Y. 11971 (516) 765-1938 July 26, 1988 Neil Giffen Suffolk County Department of Health Services Office of the Ecology County Center Room S 213 Riverhead, New York 11901 Re: Walsh Park SCTM¢# 1000-6-2-3.1 Dear Mr. Giffen: As per your conversation with Melissa Sprio on July 251, please -find enclosed materials in regard to the dump site for the above mentioned subdivision. Your prompt reply would be greatly appreciated awaiting your response before making any further determination. Ve ly yours, BENNETT ORLOWSKI, JR CHAIRMAN enc. id - Town Hall, 53095 Main Road �,t; V• :£.t.u� P.O. Box 1179 'A, Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 25 , 1988 Frank M. Panek Regional Supervisor of Natural Resources New York State Department of Environmental Conservation Building 40 SUNY Stony Brook, NY 11794 RE: Walsh Park Affordable Housing District SCTM *1000 6-2-3 . 1 Dear Mr. Panek: Enclosed please find a copy of John Clavin' s correspondence regarding the above mentioned application for your review and response. This is in response to your review of June 14, 1988 which requests a Positive Declaration. Thank you for your input. If you have any questions, please do not hesitate to contact this office. Ve.r-y truly yours, .f �..��^.Yi}`i/rf.J' 'fr i..: �_,:��ry�`.1.'"•>-,--'v'Y�/„�f/P BENNETT ORLOWSK,JR. f'r` CHAIRMAN cc: John Clavin S.C.D.H.S. jt n n JUL 1 4 1988 �. SOUTHOLD TOWN PLANNING BOARD July 6, 1988 Mr . Benett Orlowski Town Planning Board Town of Southold Southold , New York 11971 Dear Mr .Orlowski , We have received a copy of the DEC ' s letter of June 14, 19B8, stating Mr . Frank Panek ' s concerns about our proposed Affordable Housing project . We would like the Board to be assured that we share Mr . Panek ' s concerns. . From the very beginning of our planning , we have always proposed our sites be far from any wetlands. Our surveyor was requested to locate and mark all wetlands. We then asked Larry Penny, the Town ' s Environmental consultant , to come to the Island and flag the area. He did so and our surveyor then provided us with a map of Mr . Penny ' s flags. We requested the DEC to evaluate and approve Mr . Penny ' s flags. However , due to their work load , their review was still pending and we did not show the flagged area on our plans without their approval . On June 24th , Chuck Hamilton of the DEC, did walk the site and evaluated Mr . Penny ' s flags. Attached is a memo he prepared to Mr . Panek . Regarding the Osprey nest , we are also in agreement with Mr . Panek . Our original 1/2 acre site plans placed the nearest house far beyond the 300 feet that Mr . Panek requested . The one acre sites required to meet the Town ' s zoning code brought the nearest house closer but we would gladly agree to the March to August restriction requested . We are also working on our final detailed site plan that could provide the 300 foot separation. (� CWafifi p�a.ck -E OVr-nzv/ofent p D 'J. Box 68q �L1.i2EZs. ifand, w qlOZ/Z 06390 Page two I believe our Island population has demonstrated a sincere concern for the survival of the Osprey. Mr . Edwin Horning , our resident ornithologist , would gladly provide the DEC with the history of the actions taken by our residents to preserve this magnificent bird that is- a favorite of our Island . This includes the elimination of all forms of DDT and the intro- duction of BTI , as well as the building of platforms on utility poles to accomodate nest building . A careful count of new baby osprey is kept by Mr . Horning and the number has continued to grow each year . You have our assurance that Walsh Park has and will continue to have a deep concern for the environment in both the planning and construction of homes in this area. Si cer(e�ly,/ J n J. Clavin JJC/mc A G_ 1;400-1(8/87)-30a NEW YOR ' ........DEPARTMENT O VIRON, AL CONSE I N JUL 14 IgJT� I l:E SPEED MEMO FAIRS NLY FOR UNOFFICIAL :7ORRESPONDENCE) --__FLANNING.BOARD _ YO: . a a ,.1 DATE: FROM > - -�� µ*' 1 � REPLY REQUIRED BY: SUBIECT:I `V. DATE RETURNED: REPLY AT BOTTOM OF THIS FORM (U tu7 C 2:'L,-L `._1 ..x.-,-moo r:� �''-:x,� .�:- `1'... t.,—c����',•4., �� ,,.-,��;.�.<,- _...('.:�..,._, rC.k.'l✓Ll_ -�[:�C.i6/L./r-c'-C-rr �Z:.•CL/)-'Y'L</1•-.' /r�"�Zi��.-t::.`' ..9c----i i:'. �`"`'t-b=-53..#'.i.+,.•yC'-,-'�.G..-1 r4 Cie, I I __ y.�j4��.�-Y `M'[-•� �-ll:..i2 •i..:2._-,�•� C:I 1��-r I' �Z.-.:..c�.�...•�Y--�' �(.""J:i.i'7� r fLr� �'..-C_k.t!.l�-t,.,..r.__�4 1.1r-��.r�-CL.�-•�C-'" �`�r.�r..E} .d,-.f..ti..l:..'^ r�-�...-.+•y � m I % ���_tn.�Le r�� ►.fit t� ,-erg.C G v-�°.cu-Cc Elf ,(.:r I!. ,..Jr)' _ .,4 1 .. ✓i '.4r..-1 i t!.g.f.-�•�/C{c� /'%'i�..,. 1. - I7-i... ..� Ll� ! ,P. ••l.V,--.�X�.d. .� r 1.Y�h•�..(.-►—r P• '�:".�..' k '�-� 4' Ge ri'.��.IFr..rA,-,....�` �fl.a,_$ ("�..� .CL..G��•�K.c�'r1 �r'v ;��.z: t'�,/1.,.�..as.-f.8:.ea.p(. .r`::••�r-c.i•'t,� � ry .. /�_._ _ Y.Y' L�Yf? _Xtif? G.EyA.a..c-r'..ti. (�f/ �(.> r,Y`._7`..'LC,...{.-...�� .1...•.t�:.,{...k�(.lZ ..l.�,.k 4 �C /i i-.� r _ G�..�' r-a-• ..f' .rt��v`t✓.t.-,e.CrC .1.-8'1-.cam REPLY Cam' -mac ' �v � a•� r-. r. t. ��.,.. ', (/c-, ��i c_. t cry' i -,.•t.�., a�� � � 1 (....a..tw..l ��C..t..4� fnf-�`�-�.e Gd.�[.c.�.a..��.a�,.�� �g� �!',...Y-w � trKrf%f:,,. .. .� lt.ir�--i....�1. ._�� ( JG_-�f.,c'v..1r� i���" %IJ, I��G'� -•l- /•..� Ff'-}` ` .- ...�--��"}/, }/f•lam i i I I f CO: o; 'iTY OF SUFFOLl�C AUG 2 3 Moto TowN NNING BOARD PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER Mr. Bennett Orlowski, Chairman August 22, 1988 Southold Planning Board 53095 Main Road Southold, N. Y. 11971 Re: Proposed Walsh Park Affordable Housing Project SCTM# 1000-006-02-03 . 1 H.D. Ref . 88-477 Dear Mr. Orlowski: This office has received and preliminary reviewed the above referenced proposal . The application before this office is incomplete in regard to inspection of test holes on site, covenants for the extension of public water, and filing fees . The presence of an abandon solid waste landfill on the site should be a primary concern to all involved due to potential migration of methane gas and subsidence of the site. These concerns should be thoroughly investigated and reviewed prior to any approvals . Based on information contained in Mr. Aldred letter of June 23, 1988 to NYSDEC, there is potential of methane migration into the proposed dwellings . Therefore, further investigation should be conducted including soil load bearing. capacity, settling potential, and subsurface void potential . The methane study should use a recognized acceptable methodology. The applicants should submit subdivision maps that delineate the probable landfill area and wetland area to all reviewing agencies . They should also consider locating all building lots outside the old landfill area if at all possible. If you have any questions regarding the afore-mentioned, please feel free to contact me. Very truly yours,, Walter G. Lindley Bureau of Wastewater Management cc: Mr. Robert A. Villa COUNTY CENTER RIVERHEAD,N.Y. 11901 I '1y i Q C� 6vy� 16 x 'I I Larry Penny/ John Aldred RECEIVED BySOUTHOLD TOWN PLANNING BOARD Environmental Consultants to Fishers Island for JUN 3 0 1998 Southold Town Board DATE 1453 Noyac Road Sag Harbor, N.Y. 11963 June 25, 1988 Planning Board Town of Southold Main Road Southold, N.Y. 11971 Dear Board Members, Enclosed please find a package of information submitted to the DEC and Suffolk County Dept. of Health Services which is self-explainatory. We are currently reviewing the Walsh Park environmental assesment form, as submitted to us by the Southold Town Trustees, and will be submitting comments shortly. Very Truly Yours, i John Ald ed :bingo Uo!)q/lit.odol ../ ....�.u.,„,o.,l. � ..•..uo. .,.t+ Building 40—SUNY, Stony Brook, Now York 11794 „ RECEIVED BY TOWN 1/ P g% ° (516) 751-7900 �JJ11 DATE Thomas C. Jorling Commissioner: June- 14, 1988 Mr. Bennett Orlowski, Jr. Town of Southold Plan-ning Board Southolc: . New York 11971 RE : Walsh Park Affordable Hr..,.-.-sing Project Dear Mr. Orlowski: The natural resources staff of the Department of Environmental Conservation has reviewed the Long Form Environmental Assessment and sketch map for the above referenced project and has the following comments : 1 . The project may have significant impacts on a New York State threatened species . An osprey nest is located in the vicinity of this subdivision. Any construction related activity within 300 ft. of the nest site would be prohibited between March 15 - August 1st. A detailed plan depicting the location of the nest in relation to building envelopes is needed before this project can be further evaluated. 2 . A wetland regulated by the department pursuant to ECL Article 24 exists on the property west of Avenue B.- and south of Crescent Avenue . Department biologists must complete a wetland delineation and the wetland line must be shown on the site plan. Any disturbance within 100 ft. of this line will require a permit from the department. 3 . A copy of Part I of the EAF was not received by the department . Evaluations of potential impacts can not be made until this has been completed and reviewed. The applicant should complete the "Full Environmental Assessment Form. " .:I Mr. Bennett Orlowski, Jr. The department disagrees with your initial determination of nonsignificance. Part 617 . 11 (Criteria for Determining Significance) clearly indicates that ., threatened species may be significantpotential impacts to to the osprey and wetlands must be fullyrsuant mitigatedSEQRA. Impacts Cordially ®RIonal k M. Pane Supervisor of ral Resources FMP/sjmr cc : Regulatory Affairs w/attachment Paul Carella Nev York State Department of Envir_-_-_- ---_____-- - ------ - ' Building 40—SUNY, Stony Brook, New York o 94 mental Conservation _ (516) 751-7900 i July 28, 1988 '4 Thomas C. Jorlinc Commissioner Mr. John Aldred Environmental Consultants to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor, NY 11963 Re: Housing project on the old dumping sit on Fishers Island e Dear Mr. Aldred: We have completed our review of the letter and the survey map submitted on June 27, 1988. Generally we have no objection regarding the housing project on the old dum i site on Fishers Island, but we would like to work i ng accordance with the following reservations. n 1. No building, or permanent structures, can be. built over landfill in Lots 2 and 3 . Reason: wilt settlement problems and/or Possible gas generation. 2• Bi-annual sampling for methane is required to continue for 2 years after people inhibit homes built on site. 3 . In property deed for lots 2 and 3 let us add a paragraph advisin and open space, former landfill is on site, g future owner that To that end, it is requested that undersigned or Paul ou inform the Roth,, i iwr writing, of your steps to follow up the above reseRoth questions, please do not hesitate tohoul contact me. any Very truly yours, Anit Patel AP:mz Junior Engineer cc: P. Roth s S. Farkas ��v�e�� sourt�D mwN PLANNING BOARD PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D.. M.P.H. COMMISSIONER Mr. Bennett Orlowski, Chairman August 22, 1988 Southold Planning Board 53095 Main Road Southold, N. Y. 11971 Re: Proposed Walsh Park Affordable Housing Project SCTM# 1000-006-02-03 . 1 H.D. Ref. 88-477 Dear Mr. Orlowski: This office has received and preliminary reviewed the above referenced proposal. The application before this office is incomplete in regard to inspection of test holes on site, covenants for the extension of public water, and filing fees . The presence of an abandon solid waste landfill on the site should be a primary concern to all involved due to potential migration of methane gas and subsidence of the site. These concerns should be thoroughly investigated and reviewed prior to any approvals . Based on information contained in Mr. Aldred letter of June 23, 1988 to NYSDEC, there is potential of methane migration into the proposed dwellings . Therefore, further investigation should be conducted including soil load bearing capacity, settling potential, and subsurface void potential . The methane study should use a recognized acceptable methodology. The applicants should submit subdivision maps that delineate the probable landfill area and wetland area to all reviewing agencies . They should also consider locating all building lots outside the old landfill area if at all possible. If you have any questions regarding the afore-mentioned, please feel free to contact me. Very truly yours, Walter G. `Lindley Bureau of Wastewater Management cc : Mr. Robert A. Villa COUNTY CENTER RIVERHEAD.N.Y. 1 Igo I 4Lj7 � =a J�^rJ $? August 22, 1988 SOUTHOG PLAN B OWN OARO. Larry Penny/John Aldred Environmental' Consultants For Fisher's Island Ti 1453 Noyac Road, Sag Harbor, N.Y. 11963 Mr. Benjamin Orlowski Chairman Southold Town Attn: Walsh Park Affordable Town Hall ' Planning Board Housing Project - Fisher's Island, N;y, 53095 Main Road P.O. Box 72g (SCTM No. 1000-6-2-' 3.1) Southold, N.Y. 11971 Dear Mr. Orlowski Please find enclosed Waste office of the New Yorkes Of StatecDECespondence with the - - W germane to Solid Your review of Stony Brook, N.Y, It will subdivision for Fisher's Island. Itlwould sh Park Affordable Housing DEC response to our letter indicates that appear that the cautions are taken as outlined in the correspondence t state if certain minimal pre-' history for a portion of the h the design and site should not he landfill implementation of the present a major obstacle proposal. We would also advise that the representation of the wetlands forest type) as show revised Jul Q °n the Chandler, Palmer and Kin, 'IS. (sPII 1 of pink rib 19„8, showing Yield, accurately representsurvey Ma line bo. s ti with respect. to wetlands n the field earlier our we feel that the Board nshould he enow haveea11ent1y, good idea of their magnitude with respect to the - project. to this observer that the ma such a p can be designed based on current ouYield ld seem way that the wetlands will be protected, while the lots and their building areas will be sufficiently removed from them. Please don't hesitate to call on us information with respect to the wetlandshould and the natural re You require further on the site. Incidentally, visit to the while I was on the site during my sources island, I examined it for endangered and threatenedsspccies. I found no rare species of I f urbed Plants on the site nature) . The nesting osprey (Perhaps, owing to its (About which I believe you have already Crescent Avenue was obvious. y heard from the DEC) . Sincerely, LTP:lp Larry Penny Encl. ,���csc- Town Trustees OC -TSL OTS) a — u b6M NhoA MN `31oG�a AuolS `ANnS-0V Buipling R uO,,g1 gsuo0 juluaw mug to juawindea 8191S �JOA MON Larry Penny/ John Aldred Environmental Consultants . to Fishers Island for Southold Town Board 1453 Noyac Road Sag Harbor, N.Y. 11963 June - 23, 1988 Mr. Paul Roth Division of Solid Waste N.Y. Dept. of Environmental Conservation Bldg. 40 State Univ. of New York Stony Brook, N.Y. 11794 Dear Mr. Roth, _. Pursuant to our conversation several weeks ago regarding an old dumping site on the grounds of the Walsh Park Benevolant Association's proposed affordable housing project on Fisher's Island, I am forwarding the material you requested. The site was bought by Island residents from a developer for the express purpose of providing affordable housing for a dwindling year round local population. Walsh Park Benevolant has been established to implement and oversee the plan. A notarized affidavit by Judge Raymond'-Edwards (also a Southold Town Councilman) outlining the history of .use of the site is included. A survey of the property was prepared by Chandler, Palmer & King, engineers and surveyors from Norwic- h,, Connecticut and is also included. The area of debris is noted on the survey. A personal communication with Mr. Richard Strauss of Chandler, et. al. revealed that the area was discovered while digging test holes to determine sub-surface conditions. The debris consisted predominantly of metal cans and small scrap. Holes were dug to determine the limits of the debris. Holes at the periphery were dug to the full limit of the machine, ten to twelve feet deep, and only sands were encountered. The soils in the area as mapped by the U.S. Dept. of Agriculture (Suffolk County Soil Survey) would indicate a Carver-Plymouth Sand and Riverhead and Plymouth Very Bouldery Soil (unique to Fishers Island) to be found here. The soil map is also included. The attached site location map shows the property to be located in the north- western portion of the Island. It should be noted that this site, as well as virtuall all of Fishers Island,is served by public water. The source of water is a reservoir located in the middle of the Island (see also site location map) . A test for methane gas was performed on May 28, 1988 by.Larry Penny. Two weeks prior to this date a slotted four inch PVC pipe was sunk in the center of the area of debris to seven to eight feet below grade. A Surveyor, Model 1238 Paul Roth NYDEC page 2 methane detector was used to perform the test. When testing for lower explosion limit, nothing registered on the meter. When testing for ppm methane, two readings were taken, five minutes apart. Readings were 75ppm and 80ppm respectively. We hope this information is sufficient to allay any concerns ,and that we may be notified as such shortly. Should you need additional information or wish to discuss this matter in any way please feel free to contact either of us at 329-1449 or 725-4521. One of us will be visiting the island within the next few weeks ,and I would appreciate hearing from you, if only preliminarily, before then,in the event something from there may be needed. Thank you for your considerate attention to this most important matter to all Fishers Islanders. Very Truly Yours, -:y John Aldred Enclosures cc: John Clavin ,Walsh Park Benevolant Robert Villa, Suffolk County Dept. Health Town of Southold Planning Board Larry Penny/ John Aldred » Environmental Consultants to Fishers -Island for Southold Town Board 1453 Noyac Road Sag Harbor, N.Y. 11963 June 23, 1988 Mr. Paul Roth Division of Solid Waste N.Y. Dept. of Environmental Conservation Bldg. 40 State Univ. of New York Stony Brook, N.Y. 11794 Dear Mr. Roth, Pursuant to our conversation several.weeks ago regarding an old dumping site on the grounds of the Walsh Park Benevolant Association's proposed affordable housing project on Fisher's Island, I am forwarding the material you requested. The site.was bought by Island residents from a developer for the express purpose of providing affordable housing for a dwindling year round local population. Walsh Park Benevolant has been established to implement and oversee the plan. A notarized affidavit by -Judge Raymond-Edwards (also a Southold Town Councilman) outlining the history of-.use of the site is included. A survey of the property was prepared by Chandler, Palmer & King, engineers and surveyors from Norwich, Connecticut and is also included. The, area of debris is noted on the survey. A personal communication with Mr. Richard Strauss of Chandler, et. al. revealed that the area was discovered while digging test holes to determine sub-surface conditions. The debris consisted predominantly of metal cans and small scrap. Holes were dug to determine the limits of the debris. Holes at the periphery were dug to the full limit of the machine, ten to twelve feet deep, and only sands were encountered. The soils in the area as mapped. by the U.S. Dept. of Agriculture .(Suffolk County Soil Survey) would indicate a Carver-Plymouth Sand and Riverhead and Plymouth Very Bouldery Soil (unique to Fishers Island) to be found here. The soil map is also included. The attached site location map shows the property to be located in the north- western portion of the Island. It should be noted that this site, as well as virtually all of Fishers Island,is served by public water. The source of water is a reservoir located in the middle of the Island (see also site location map) . A test for methane gas was performed on May 28, 1988 by Larry Penny. Two weeks prior to this date a slotted four inch PVC pipe was sunk in the center of the area of debris to seven to eight feet below grade. A Surveyor, Model 1238 Paul Roth NYDEC page 2 methane detector was used to perform the test. When testing for lower explosion limit, nothing registered on the meter. When testing for ppm methane, two readings were taken, five minutes apart. Readings were 75ppm and 80ppm respectively. We hope this information is sufficient to allay any concerns ,and that we may be notified as such shortly. Should you need additional information or wish to discuss this matter in any way please feel free to contact either of us at 329-1449 or 725-4521. One b f us will be visiting the island within -the next few weeks ,and I would appreciate hearing from you, if only preliminarily, before then,in the event something from there may be needed. Thank you for your considerate attention to this most important matter to all Fishers Islanders. A Very Truly Yours, U John Aldred Enclosures cc: John Clavin ,Walsh Park Benevolant Robert Villa, Suffolk County Dept. Health Town of Southold Planning Board `¢ TO' H4 D Southold, N.Y. 11971 .(516) 765-1938 June 21, 1988 Tom Doherty / c/o Kenneth Edwards P.O Box 332 Fishers Island, NY 06390 RE: Walsh Park SCTM #(1000-6-2-3.1 / Dear Mr. Doherty; The following action was taken by the Southold Town Planning Board on Monday, June 20, 1988. RESOLVED tha the Southold Town Planning Board that because there have been no objections to the Planning Board' s request to be Lead Agency, the Planning Board declares itself Lead Agency under State Environmental Quality Review Act. The Planning Board also requests the following: 1) A revised yield map (please see copy of revisions) 2) That the wetlands be staked as asked for by the DEC. 3) That future maps to be submitted be signed by a land surveyor. If you have any questions, please do not hesitate to contact this office. Very t my yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc: it JUSTICE COURT TOWN OF R SOUTHOLD NEW o • YO RK RAYMOND W. EDWARDS i JUSTICE COURT TOWN JUSTICE SOUTHOLD TOWN HALL P.O. BOX 485 53905 MAIN STREET FISHERS ISLAND, N.Y. 06390 SOUTHOLD, N.Y. 11971 788-7646 765-1852 June 9, 19BB Mr . Paul Roth Department Of Environmental Conservation Bldg . 40 SUNY `,:,- Stonybrook , NY 11794 Dear Sirs, This is to advise you that I have lived on Fishers Island almost all of my life. I am familiar with the former dumping area that is now owned by the Walsh Park Benevolent Corporation. The dump area was used by the former Fishers Island Farms to dispose of household garbage and Island trash . They used the trench method and some debris was burned prior to being buried . The military personnel on the Island did rtnot use this dump . Their refuse was loaded on barges for disposal off Island . The dump site was closed in the late 1940 ' s and the dumping area "was relocated to the present landfill area on the Island . If I can be of further assistance or you have any questions feel free to contact me. �41cerely, Raymond W. Edwards Town Justice THOMAS F.DOHERTY JR. Notary Public State of New York No.4806559 �FFoil( P cI` � TO L . -St j' ,� D SLR . . 1 � Southold, N.Y. 11971 (516) 765-1938 06/23/88 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 RE: Walsh Park Affordable Housing Project SCTM # 1000-6-2-3 .1 Gentlemen: Enclosed please find a completed "Long Environmental Assessment Form and a copy of the map of the major subdivision of Walsh Park Affordable Housing Project. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until July 21, 1988. We shall interpret lack of response to mean there is no objection by your agency in regard to the State- Environmental Quality Review Act, and our agency will assume the status of Lead agency. Very""'t my yours, ORLOWSKI,JR. CHAIRMAN .y Enc: ` cc: Department of Health Services I " New York State Department of environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 RECEIVED BY SOUjj TOWN TWO ASJ� 17 (516) 751-7900 DATE Thomas C. Jorling Commissioner June 14, 1988 Mr. Bennett Orlowski, Jr. Town of Southold Planning Board Southold. New York 11971 RE: Walsh Park Affordable Housing Project Dear Mr. Orlowski: The natural resources staff of the Department of Environmental conservation has reviewed the Long Form Environmental Assessment and sketch map for the above referenced project and has the following comments : 1 . The project may have significant impacts on a New York State threatened species . An osprey nest is located in the vicinity of this subdivision. Any construction related activity within 300 ft. of the nest site would be prohibited between March 15 - August 1st. A detailed plan depicting the location of the nest in relation to building envelopes is needed before this project can be further evaluated. 2 . A wetland regulated by the department pursuant to ECL Article 24 exists on the property west of Avenue Band south of Crescent Avenue. Department biologists must complete a wetland delineation and the wetland line must be shown on the site plan. Any disturbance within 100 ft. of this line will require a permit from the department. 3 . A copy of Part I of the EAF was not received by the department. Evaluations of potential impacts can not be made until this has been completed and reviewed. The applicant should complete the "Full Environmental Assessment Form. " Mr. Bennett Orlowski, Jr. The department disagrees with your initial determination of nonsignificance. Part 617 . 11 (Criteria for Determining Significance) clearly indicates that potential impacts to threatened species may be significant pursuant to SEQRA. Impacts to the osprey and wetlands must be fully mitigated. Cordially ra k M. Panek R ional Supervisor of N ural Resources FMP/sjmr cc: Regulatory Affairs w/attachment Paul Carella PL�A�N:N IN�BO,ARD TOWN d SOU HOLD IYTY Southold, N.Y. 11971 (516) 765-1938 5/E-7 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 RE: Walsh Park Affordable Housing Project SCTM # 1000-6-2-3 . 1 Gentlemen: Enclosed please find a completed Long Environmental Assessment Form and a copy of the map of the major subdivision of Walsh Park Affordable Housing Project. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until June 10, 1988 . ,We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of Lead agency. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN V� Enc. cc: Department of Health Services ►tvsiees P �T _A Q cri ^r`. Southold, N.Y.•11971 (516) 765-1938 1-71 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333 , Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (M44ke-E Subdivision) WG�4�n�Gf� -���c1ca��2 uousi"J014t9-1 Hamlet Fishers TS`nh(� Tax Parcel Identifier No. 1000 Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies) Major Subdivision (3 Copies) ✓ Preliminary Map (1 copy) Topogranic Map (1 copy) Darinage Plan (1 copy) Street Profiles (l copy) Grading Plan (1 copy) Planning Board Res . (1 copy) ; Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Comments: Very truly yours, �, f Bennett Orl -. , Chairman � rr Plj'7JyA NIN9,-ROAR, t TOVEN, 61 SOU HOLD o,SNTY 31, Southold, N.Y. 11971 (516) 765-1938 05/12/88 Environmental Analysis Unit DEC, Building 40 , Room 219 SUNY Stony Brook, NY 11794 RE: Walsh Park Affordable Housing Project SCTM # 1000-6-2-3. 1 Gentlemen: Enclosed please find a completed Long Environmental Assessment Form and a copy of the map of the major subdivision of Walsh Park Affordable Housing Project. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until June 10, 1988. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of Lead agency. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN Enc: cc: Department of Health Services MA qV 91AVE1 -Ylf ..1, �� o6390 \` M May 9, 1988 PLANNING BOARD TOWN OF SOUTHOLD The attached yield map and site plan are submitted for your consideration and approval . The yield map provides for 12 sites that are at least 2 acres in size with 175 ft . of frontage. We hope this meets the Board requirements . The site plan has only 10 sites in a cluster with a minimum of one acre in size. We .will put conservation easements on these sites as you have suggested . As the Board knows , we are very disappointed that today' s Town Code automatically penalizes developers 20% for clustering and further restricts your Board from reducing lot size to 1/2 acre where public water is available. We believe our community and the entire Town would be better served if these options were available to your Board . However , we cannot afford to wait out the process of making these changes and have therefore proceeded with the 10 acre site plan . We have left two one acre sites on the road for possible appeal , should the Town change the code. In regard to the question of "Flood Plain" raised at the recent Town Board meeting, I am forwarding a copy of the "Firm" map showing our site to be clear of any designated flood area. Finally, the question of the old dump has been discussed with the DEC who concur with the Suffolk County Health Department' s general evaluation,- that dump sites that are 40 years old are not usually a problem. However, they would recommend that environmental tests be conducted to ensure against any possible contamination. We are working with both agencies to arrange for the tests that will result in approval from their respective authorites . We trust the material submitted herewith is acceptable to the Board and gains your approval . We would like to proceed with the total approval process as expeditiously as possible. Thank you for your consideration. J hn V ce President , (-Wafifa -(-Patk BF-nsvo[Ent J?CO. Lox 68q 9i.sfimi ffif.nd, Tollk o6390 2 l MEMORANDUM TO: Robert Berntsson, Assistant Town Attorney FROM: Valerie Scopaz, Town Planner RE: Walsh Park Benevolent Association DATE: April 26, 1988 At our meeting earlier today, we reviewed the following items: First, under the .cluster provisions of the Town's Code (Section 10-0-136 A. of the Zoning Ordinance) the calculation of lot yield is determined by a specific formula. That formula requires the deletion of land subject to flooding. At this point in time, no determination has been made as to whether the "wet" area shown on the proposed subdivision plan is subject to flooding. Standard procedure is to forward a copy of the map to the Town Trustees, the New York State D.E.C. and the County Health Department for their review and determination as part of the State Environmental Quality Review Act procedure. Upon approval of the yield map by the Planning 'Board, the maps will be sent out for review. Second, the yield map that was submitted on April 21st shows 12 lots; however, lots 1-5, 7-8 and 10-12 do not conform to the minimum required lot width of 175' . Third, under the State Environmental Quality Review Act, information on the location of the old dump site as well as its contents and period of use must be made available to the reviewing agencies. For your background, I've enclosed a report that was prepared for the applicant by their attorney. This report effectively describes the advantages and disadvantages of applying for a change of zone to either the "M" or "AHD" districts. The applicant coLid -proceed with a ten (10) lot subdivision proposal provided the 1:a5 areas were 40,000 square feet in area. The following calculations explain the 10 lot yield: 24.33 acres x .20 = 4.866 24.33 - 4.866 = 19.464 acres 19.464 acres x 43,560 sq.ft. per acre = 847,851.84 sq.ft. 847,851.84 sq.ft. divided by 80,000 sq.ft. = 10.598 lots Two questions remain unanswered. The first is whether the "wet" area is subject to flooding. the second is whether the old dump site poses any problems for the adjoining lots. Both questions should be answered during the SEQRA process, because they ultimately will determine the lot yield. , r 4 MEMORANDUM TO: :_FILE FROM: Valerie Scopaz, Town Planner RE: DATE: �'- �`- March 15, 1988 MEMORANDUM TO: , Board of Directors of Walsh Park Benevolent. Corporation FROM: Stephen L. Ham, III RE: Procedural Issues Relating to Development of 24. 66- Acre Parcel on Fishers Island FACTS: Walsh Park Benevolent Corporation " " .J3 rP ("Walsh Park") is the owner of a 24. 64 acre parcel of vacant land at Fox and Crescent Avenues on Fishers Island in the Town of Southold, County of Suffolk and State of New York (the "Parcel") . The Parcel is located in an A Residential and Agricultural Zone District under pChapter 100 of the Code of the Town of Southold (the "Zoning_ Code") . Walsh Park desires to develop - the Parcel for affordable single-family dwellings for Fishers Island residents. Its current plan is to create twelve lots consisting of one-half acre ea,rh in a cluster development. If sufficient start-up funds for the development cannot be raised, Walsh Park will attempt to create two two-acre lots for sale at market prices prior to or at the time it :aulies for a major subdivision for the the twelve half-acre lots. Under the Zoning Code, a minimum lot area of 80, 000 square feet is required for lots in an A District, subject -to certain exceptions not applicable to the Parcel. Single-family dwellings are also permitted under three other Zone Districts, v� 1 Iincluding the M Light Multiple-Residence District and the M-1 l General Multiple-Residence District, where the minimum lot area 1 requirements are 40,000 square feet and 80, 000 - square feet Irespectively. (I have been advised by Town Planner. Valerie Scopaz that these minimums apply not to the size of an individual Ilot in a Multiple-Residence District. but to the total size of the parcel in question. . Therefore, subject to Planning Board approval,- half-acre lots would be permissible. ) The other Zone District in which single-family dwellings are permitted is the AHD or Affordable Housin g District. The minimum lot area in an AHD District is 10, 000 square feet. ISSUE• How should Walsh Park proceed in order to accom lish P _ its goal of developing twelve half-acre lots and possibly two two-acre lots? CONCLUSION: There are several possible avenues open to Walsh Park: (1) applying �.; the Zoning Board of Appeals for lot area and other variances without attempting to change the Zone District; P (2) applying for a change of the Zone District to an M Lig ht or M-1 General Multiple-Residence District; and (3) applying for designation of Parcel as an AHD District and developing the Iproperty in accordance with the regulations applicable thereto. I The first alternative is the least attractive; the others offer_ I several advantages while having some disadvantages. 2 DISCUSSION• 1. Variances Without Chan a of Zone District. LU Without a change in Zone District, the Parcel clearly cannot be developed as desired without the granting of variances by the Zoning Board of Appeals. Even if the land for- two conforming two-acre lots is not used, the maximum yield will likely- be less than twelve lots because of the need for streets . and the unavailability of the wet area. Though the clustering provisions of the Zoning Code would be applicable, even if all 24."U3' i, 0571ir Jig acres (1,.(1Z4,-1�0 square feet) could be used, computation of the maximum number of lots in a cluster subdivision is made by subtracting twenty percent of the gross area (24474Q square_ feet) from the total and dividing the remaining eighty percent square feet) .by the minimum requirement of 80, 000 square feet. Thus, only ten or eleven lots could be created under the best of circumstances. Even then, however, a further restriction that lot area shall not be reduced by more than fifty percent (to ! 40, 000 square feet) would frustrate the goal of producing half- acre lots. Due to the foregoing problems, variances from several provisions of-the Zoning Code would have to be applied for and obtained before the project could receive final Planning Board approval. Before the Zoning Board would put an application- on its calendar, a site plan would have to be re p pared and reviewed rim by thePlanning Board. os 3 Once before the Zoning Board, Walsh Park would have to prove that it . was entitled to - the variances by reason of "practical difficulties" or "unnecessary hardship". While some- arguments 'could be advanced applying these concepts in light of the particular circumstances, even if the Board is. sympathetic to the goals, it- is not at all certain that relief would be granted. Neighboring property owners could conceivably protest on the ground that there .is ample area to create a fixed ' number of conforming lots and they would have standing to object to the granting of any variances in an Article 78 proceeding in State Supreme Court. Another possible ground of objection would be that, by granting the variances, the Zoning Board would be exceeding its authority by engaging in rezoning, a province_ reserved to the Town Board. t� Because of the uncertainties in proceeding in this fashion, the other options must be considered. 2. Chancre of Zone District to an M Light or M-1 General Multiple-Residence District. r Walsh Park could petition -the Town Board for a change Iran JI to the less restrictive M Light or M-1 General Multiple-Residence District. The procedure for so amending the Zoning Ordinance is set. forth below. a. The owner must prepare a petition and an Environmental Assessment Form ("EAF") on the forms prescribed -by the Town, copies of which are provided with this Memorandum. A map for submission to the Suffolk County Planning Commission will 4 r probably also be -required. (See Information Sheet - Instructions for Submitting Zoning Actions. ) b. The petitioner must -. send written notice .- by certified or. registered mail to every adjacent property owner (as shown on the current assessment roll) . unless" written verified waivers of notice are obtained from such owners. This notice must contain certain information specified by the Zoning Code, including- 'a description of the property and a statement that the Petitioner proposes to file a petition requesting a change of zone classification. The notice must be mailed within five days. preceding the date the petition is filed. C. The petition, EAF. and map, together with the fee of $500 and proof of mailing of notice, must be filed in the Town_ Clerk's office within five days after the mailing of notice. d. By written request, the Town Board instructs the Planning Board to prepare an official report containing its . recommendations. ie. The Town Board will a.Lso make a determination, based upon the EAF, as to the. impact on the environment. If the Iimpact is deemed to be significant, an Environmental Impact Statement will be required. ` f. Upon its receipt of the Planning Board report, and the Planning Commission report, if applicable, the Town Board lfixes the time and place of a public hcaring and gives notice of the hearing by advertising it in accordance with the Town Law. 1 g. A public hearingis held and the Town .Board adopts 5 a resolution approving, approvingwith modifications,, or disapproving the amendment. The foregoingprocess c P an be expected to take two to three months from the date the petition is filed to the date the Town Board renders its decision. This time frame would be increased substantially (by four to five months) if an . Environmental Impact Statement is required. • •Once the zoning change is approved, Walsh Park can file . its application with the Planning Board for major subdivision approval. I am . advised that final approval for a major subdivision can be expected to take one year. This time frame can perhaps be shortened to some extent given the interest the Town has taken in the project; however, delays in the process can_ certainly be expected. There are several factors that must be considered by Walsh Park if it decides to apply for a change to a Multiple- Residence District. First, the Town Board relies on an . teats 'ide consultant, 1 David Emilita, to determine whether an Environmental Impact Statement will be required. Ms. Scopaz could not predict Iwhether one would be necessary in this instance. The decision may turn on the number of building lots to be created and the. Ilocation of those lots. She suggested that I consult with Mr. i Emilita, whom I know personally, and provide him with a sketch plan of the ' proposed development prior to the submission of any applications since the preparation of an Environmental Impact 6 r Statement could involve substantial .delay and expense. Second, a decision must • be . made as to whether the two two-acre lots will be created. If so, Walsh Park will have to apply for a minor subdivision of the Parcel to create these lots Prior to applying for a . zone change for the -balance of the Parcel. Final approval for a minor subdivision will take at least four months from the date maps are filed. Depending on the location of the two lots, a, bond or other security for road improvements may be required. Third,. it is the, opinion of the Town Planner that Walsh Park would be successful in its application for a change to a Multiple-Residence District only if it presents what she referred to as an "airtight" argument. Thus, all the decisions as to how_ the affordable housing scheme will operate must be made prior to the hearing and the Town Board must be convinced that the plan is at least as workable as its own Affordable Housing District ;.� program. The concern is that, while the Town can -continue to € monitor an AHD program after approvals are granted, it could lose control over the subdivision after the change to a Multiple- Residence District is authorized. Although the Planning Board will have some input as to the size and location of the lots as the subdivision process proceeds, it would not have the authority �K �-= to regulate such issues as eligibility and profits on. resale. 3. Application for Status as an AHD District. With the purpose of providing the opportunity for the development of high-density housing for families of moderate 7 Ir A income, the Town created the concept of the Afford Housing District in 1986. On land ' within .an AHD District of more than ten acres, not less than fiftye percent of the dwelling. units and/or unimproved. lots shall be reserved for sale .to moderate- income families, i.e. families whose aggregate . annual income does Uff not .exceed $39,000, subject to adjustment based on the change in the consumer price index from year to year. The procedure for development in an AHD District is summariz ed below. Further details are set forth on the AHD Information Sheet and in Article VA of the Zoning Code, copies of which are provided with this [ Memorandum. a . The owner files an application for the establishment of an AHD District with the Town Clerk who submits_ a copy to the Town Board. An Environmental Assessment Form must also be completed and filed. The fee is the greater of $15 per dwelling unit or $500. The information req uired in the application is much more ' detailed than that required in. a petition for a zoning change. Among other things, , a relimin P 4ry site development plan must be prepared and filed at this stage. b. The Town Board then refers the application to the Planning Board for its review and report and, if required by the Suffolk Count-,?--7, - Charter, to the Suffolk County Planning Commission for its review and recommendation. As with other zoning changes, the EAF is referred to the outside consultant for his recommendations. ' C. The Planning Board is required to report its 8 recommendations to the Town. Board within sixty days of the date of the Planning Board meeting at which . the application. is received. It may recommend approval, approval with modifications or disapproval. d. Within forty-five days from the date of the Town Board's receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever first occurs, the Town Board must hold a public hearing upon the same notice required for zoning reclassifications.. e. Within forty-five days after the date of the close of the public hearing, the Town Board must act to approve (with or without modifications) or disapprove the application. If the application is approved, the Town Clerk causes the Zoning Map to_ be amended and - the applicant may proceed with the subdivision process by applying for site plan and final subdivision approval. f. Unless the applicant receives site development plan approval and final subdivision plat approval of at least the first section of the development within twelve months of Town Board approval, -the AHD approval will expire; however, extensions ! may be granted for good cause shown. There are a number of regulations applicable to the dwelling units=- and unimproved lots reserved for moderate-income families. These are set forth in Article VA of the Zoning Code, a copy of which is provided with this Memorandum. Applying for AHD status offers several advantages over ( petitioning for a change to a Multiple-Residence District. Since v, 9 4 only fifty percent of the land must be devoted to affordable housing, two or. perhaps three two-acre lots could be created simultaneously as. part of one major subdivision; a fact confirmed to me by James McMahon, the Director of Community Development. The chances for approval would be more certain since the Town would not have to worry about relinquishing control. Thus, the risk of devoting considerable time and expense to an unsuccessful application would be much reduced. Because provisions for management of the program are. already in place, fewer decisions as to the structure of the project (and less time and expense involved in making them) will be necessary at the outset. Pursuing an AHD application offers certain procedural advantages as well. While more information is apparently required at .the beginning of the AHD process, as a practical matter the same information will ultimately have to be made available in connection with an M or M-1 District application, perhaps even before the public hearing for the zoning change since the Town will want a detailed presentation of the proposed project. Furthermore, beca°lse the Planning Board is much more involved at the outset with an AHD application, the time frame for final approval of the site plan and subdivision would be 11,,E reduced. Except in connection with its report to the Town Board, 9.09 the Planning Board would not commence consideration of a major subdivision application in a Multi,-le-Residence District until after the zoning change was approved. , The principal disadvantage to proceeding under the AHD cam 10 Provisions is, of course, the loss of control. The Town would regulate eligibility., the prices for sales and resales., and the distribution of profits. It would generally oversee the project. However, Mr.- McMahon has advised me that there is some flexibility and, so long as it did nothing inconsistent with the AHD provisions, Walsh. Park could control certain aspects of the project. For example, ' it could continue to own the land under lease agreements with °zligible 'applicants. I understand . from. Ms. Scopaz that leasing was an arrangement. that Walsh Park had considered at one time. SUMMARY: The limitations and restrictions of development in an AHD District must be weighed against the delays and uncertainties_ R involved with the change to and development in a Multiple- Residence District. In my view, the Board should study the AHD regulations carefully and determine whether it could live with them. If so, application for status as an AHD District appears to .be the best procedure to follow. If not, then the Board r should explore alternatives ,�,nd make decisions as to the proposed structure of the development as soon as possible. S.L.H. , III 1 11 I March 15, 1988 MEMORANDUM TO: Board of Directors of Walsh Park Benevolent Corporation FROM: Stephen L. Ham, III RE: Procedural Iss -ues Relating to - Development of 24.66- -_ Acre Parcel on Fishers Island FACTS: Walsh Park Benevolent 'Corporation ("Walsh Park") is the •3 3 owner of a 24.64 acre parcel of vacant land at Fox and Crescent Avenues on Fishers Island in the Town of Southold, County of Suffolk and State of New York (the "Parcel") . The Parcel is located in an A Residential and Agricultural Zone District under Chapter 100 of the Code of the Town of Southold (the "Zoning- Code") . Walsh Park desires to develop the Parcel for affordable single-family dwellings for Fishers Island residents. Its current plan is to create twelve lots consisting of one-half acre ea.:h in a cluster development. If sufficient -.start-up funds for the development cannotlbe raised, Walsh Park will attempt to create two two-acre lots for sale at market prices prior to or at the time it applies for a major subdivision for the the twelve half-acre lots. I Under the Zoning. Code, a minimum lot area of 80, 000 square feet is required for lots in an A District, subject to b - certain exceptions not applicable to the Parcel. Single-family dwellings are also permitted under three other Zone Districts, 1 s - T - i iincluding the M Light Multiple-Residence District and the M-1 General Multiple-Residence District, where the minimum lot area 1 requirements are 40,000 square feet and 80, 000 square feet respectively. (I have been advised by Town Planner Valerie Scopaz that these minimums apply not to the size of an individual I lot in a Multiple-Residence District but to the total size of the - I parcel in question. Therefore, subject to Planning Board approval, half-acre lots would be permissible. ) The other Zone District in which single-family dwellings are permitted is the AHD or Affordable Housing District. The minimum lot area in an IAHD District is 10,000 square feet. ISSUE• How should Walsh Park proceed in order to .accomplish_ its goal of developing twelve half-acre lots and possibly two two-acre lots? CONCLUSION: There are several possible avenues open to Walsh Park: I (1) applying L,; the Zoning Board of Appeals for lot area and other variances without attempting to change the Zone District; I (2) applying for a change of the Zone District to an M Light or IM-1 General Multiple-Residence District; and (3) applying for designation of the Parcel as an AHD District and developing the Iproperty in accordance with the regulations applicable thereto. I The first alternative is the least attractive; the others offer i several advantages while having some disadvantages. 2 r r ® DISCUSSION: 1. Variances Without Chancre of Zone District. Without a change in Zone District the Parcel g , clearly cannot be developed as desired without the granting of variances by the Zoning Board of Appeals. Even if the land for two conforming two-acre lots is not used, the maximum yield will �.h �- likely be less than twelve lots because of the need for streets and the unavailability of the wet area. Though the clustering provisions of the Zoning Code would be applicable, even if all 24.,6 acres (1-,_0 ,o^ square feet) could be used, computation of the maximum number of lots in a cluster subdivision is made by 9&_3 subtracting twenty percent of the gross area ( 8-18 square_ feet) from the total and dividing the remaining eighty percent �Li7i�i7`� (8-55-97-3-52 square feet) by the minimum requirement of 80,000 square feet. Thus, only ten or eleven lots could be created under the best of circumstances. Even then, however, a further restriction that lot area shall not be reduced by more than fifty percent (to 40, 000 square feet) would frustrate the goal of producing half- acre lots. Due to the foregoing problems, variances from several provisions of the Zoning Code would have to be applied for and obtained before the project could receive final Planning Board approval. Before the Zoning Board would put an application on its calendar, a site plan would have to be prepared and reviewed by the Planning Board. 3 Once before the Zoning Board, Walsh Park would have to prove that it - was entitled to the variances by reason of "practical difficulties" or "unnecessary hardship" . While some arguments could be advanced applying these concepts in light of the articular circumstances, even if the Board is sympathetic to P - the goals, it is not at all certain that relief would be granted. Neighboring property owners could conceivably protest on the ground that there is ample area to create a fixed number of conforming lots and they would have standing to object to the granting of any variances in an Article 78 proceeding in State Supreme Court. ' Another possible ground of objection would be that, by granting the variances, the Zoning Board would be exceeding its authority by engaging in rezoning, a province_ reserved to the Town Board. JU Because of the uncertainties in proceeding in this fashion, the other options must be considered. 3 2. Change of Zone District to an M Light or M-1 General Multiple-Residence District. r Walsh Park could+petition the Town Board for a change to the less restrictive M Light or M-1 General Multiple-Residence District. The procedure for so amending the Zoning Ordinance is set forth below. a. The owner must prepare a petition and an Environmental Assessment Form ("EAF") on the forms prescribed by the Town, copies of which are provided- with this Memorandum. A map for submission to the Suffolk County Planning Commission will 4 probably also be required. (See Information Sheet - Instructions for Submitting Zoning Actions. ) b. The petitioner must send written notice by certified or registered mail to every adjacent property owner (as shown on the current assessment roll) unless written verified waivers of notice are obtained from such owners. This notice - -- must contain certain information specified by the Zoning Code, including a description of the property and a statement that the petitioner proposes to file a petition requesting a change of zone classification. The notice must be mailed within five days preceding the date the petition is filed. c. The petition, EAF and map, together with the fee of $500 and proof of mailing of notice, must be filed in the Town_ Clerk's office within five days after the mailing of notice. d. By written request, the Town Board instructs the Planning Board to prepare an official report containing its recommendations. e. The Town Board will a.LSo make a determination, r based upon the EAF, as to the�?_impact on the environment. If the impact is deemed to be significant, an Environmental Impact Statement will be required. f. Upon its receipt of the Planning Board report, and Ithe Planning Commission report, if applicable, the Town Board fixes the time and place of a public hearing and gives notice of the hearing by advertising it in accordance with the Town Law. g. A public hearing -is held and the Town Board adopts 5 , r a resolution approving, approving with modifications, or disapproving the amendment. The foregoing process can be exp ected to take two to three months from the date the petition is filed to the date the Town Board renders its decision. This time frame would be increased substantially (by four to five months) if an Environmental Impact Statement is required. once the zoning change .is approved, Walsh Park can file its application with the Planning Board for major subdivision approval. I am advised that final approval for a major subdivision can be expected to take one year. This time frame can perhaps be shortened to some extent given the interest the Town has taken in the project; however, delays in the process can_ certainly be expected. There are several factors that must be considered by Walsh Park if it decides to apply for a change to a Multiple- Residence District. First, the Town Board relies on an uatside consult ant, David Emilita, to determine whether an Environmental Impact Statement will be required. Ms. Scopaz could not predict Iwhether one would be necessary in this instance. The decision may turn on the number of building lots to be created and the Ilocation of those lots. She suggested that I consult with Mr. Emilita, whom I know personally, and provide him with a sketch I plan of the proposed development prior to ,the submission of any applications since the preparation of an Environmental Impact i 6 Statement could involve substantial delay and expense. Second, a decision must be made as to whether the two two-acre lots will be created. If so, Walsh Park will have to apply for a minor subdivision of the Parcel to. create these lots prior to applying for a zone change for the balance of the Parcel. Final approval for a minor subdivision will take at least four months from the date maps are filed. Depending on the location - of the two lots, a bond or other security for road improvements may be required. Third, it is the opinion of the Town Planner that Walsh Park would be successful in its application for a change to a Multiple-Residence District only if it presents what she referred to as an "airtight" argument. Thus, all the decisions as to how_ the affordable housing scheme will operate must be made prior to the hearing and the Town Board must be convinced that the plan is at least as workable as its own Affordable Housing District program. The concern is that, while the Town can continue to monitor an AHD program after approvals are granted, it would lose control over the subdivision after the change to a Multiple- Residence District is authorized. Although the Planning Board will have some input as to the size and location of the lots as the subdivision process proceeds, it would not have the authority to regulate such issues as eligibility and profits on resale. 3. Application for Status as an AHD District. With the purpose of providing the opportunity for the development of high-density housing for families of moderate i 7 income, the Town created the concept of the Affordable Housing District in 1986. On land within an AHD District of more than ten acres, not less than fifty percent of the P dwelling. units and/or unimproved lots shall be reserved for sale to moderate- income families, i.e. families whose aggregate annual income does not exceed $39,000, subject to adjustment based on the change in the consumer price index from year to year. The procedure for development in an AHD District is summarized below. Fu rther details are set forth on the AHD Information Sheet and in Article VA of the Zoning Code, copies of which are provided with this Memorandum. a . The owner files an application for the establishment of an AHD District with the Town Clerk who submits_ a copy to the Town Board. An Environmental Assessment Form must also be completed and filed. The fee is the greater of $15 per dwelling unit or $500. The information required in the application is much more detailed than that required in a petition for a zoning change. Among other things, ra prelimin.-ry site development plan must bar-prepared and filed at this stage. b. The Town Board then refers the application to the Planning Board for its review and report and, if required by the Suffolk County Charter, to the Suffolk County Planning Commission for its review and recommendation. As with other zoning changes, the EAF is referred to the outside consultant for his recommendations. C. The Planning Board is required to report its 8 recommendations to the Town Board within sixty days of the date of the Planning Board meeting at which the application is received. It may recommend approval, approval with modifications or disapproval. d. Within forty-five days from the date of the Town Board's receipt of the Planning Board's report and recommendation - or the expiration of the Planning Board review period, whichever first occurs, the Town Board must hold a public hearing upon the same notice required for zoning reclassifications. e. Within forty-five days after the date of the close of the public hearing, the Town Board must act to approve (with or without modifications) or disapprove the application. If the application is approved, the Town Clerk causes the Zoning Map .to_ be amended and the applicant may proceed with the subdivision process by applying for site plan and final subdivision approval. f. Unless the applicant receives site development plan approval and final subdivision plat approval of at least the first section of the development within twelve months of Town Board approval, the AHD approval will expire; however, extensions may be granted for good cause shown. There are a number of regulations applicable to the dwelling units and unimproved lots reserved for moderate-income families. These are set forth in Article VA of the Zoning Code, a copy of which is provided with this Memorandum. Applying for AHD status offers, several advantages over petitioning for a change to a Multiple-Residence District. Since 9 only fifty percent of the land must be devoted to affordable housing, two or perhaps three two-acre lots could be created simultaneously as part of one major subdivision, a fact confirmed to me by James McMahon, the Director of Community Development. The chances for approval would be more certain since the Town would not have to worry about relinquishing control. Thus, the. risk of devoting considerable time and expense to an unsuccessful application would be much reduced. Because provisions for management of the program are already in place, fewer decisions as to the structure of. the project (and less time and expense involved in making them) will be necessary at the outset. Pursuing an AHD application offers certain procedural advantages as well. While more information is apparently required at .the beginning of the AHD process, as a practical matter the same information will ultimately have to be made available in connection with an M or M-1 District application, perhaps even before the public hearing for the zoning change since the Town will want a detailed presentation of the proposed project. Furthermore, because the Planning Board is much more involved at the outset with an AHD application, the time frame tfor final approval of the site plan and subdivision would be reduced. Except in connection with its report to the Town Board, the Planning Board would not commence consideration of a major subdivision application in a Multiple-Residence District until after the zoning change was approved. The principal disadvantage to proceeding under the AHD provisions is, of course, the loss of control. The Town would regulate eligibility, the prices for sales and resales, and the distribution of profits. It would generally oversee the J ro 'ect. P However, Mr. McMahon has advised me that there is some flexibility and, so long as it did nothing inconsistent with the AHD provisions, Walsh Park could control certain aspects of the project. For example, it could continue to own the land under lease agreements with eligible applicants. I understand from Ms. Scopaz that leasing was an arrangement that Walsh Park had considered at one time. SUMMARY: The limitations and restrictions of development in an AHD District must be weighed against the delays and uncertainties involved with the change to and development in a Multiple- Residence District. In my view, the Board should study the AHD regulations carefully and determine whether it could live with them. If so, application for status as an AHD District appears to .be the best procedure to follow. If not, then the Board should explore alternatives and make decisions as to the proposed structure of the development as soon as possible. S.L.H. , III 11 P TO Ln D Southold, N.Y. 1.1971 .(516) 765-1938 April 13 , 1988 John Clavin Walsh Park Benevolent Corp. P.O. Box , Fishers Island, N.Y. 06390 Re: Walsh Park Affordable Housing Dear Mr. Clavin: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board grant sketch plan approval for this affordable housing project, subject to the receipt of a yield map. _ RESOLVED that the Southold Town Planning Board declare itself Lead Agent under the State Environmental Quality Review Act. Sketch plan approval is conditional upon submission of Health Department approval (Article 6) . If such approval is not received within six( 6) months, the Planning Board approval of -the sketch plan shall expire. Upon receipt of revised maps and a yield map, the Planning Board will proceed with this application. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN it MEMORANDUM TO: -...FILE FROM: Valerie Scopaz, Town Planner . RE: DATE: +4a !.2/ /9ff _ f � i March 15, 1988 MEMORANDUM TO: Board of Directors of Walsh Park Benevolent Corporation FROM: Stephen L. Ham, III . i RE: Procedural Issues Relating to Development of 24.66- Acre Parcel on Fishers Island FACTS: Walsh Park Benevolent Corporation ("Walsh Park") is the owner of a 24. acre parcel of vacant land at Fox and Crescent - - Avenues on Fishers Island in the Town of Southold, County of Suffolk and State of New York (the "Parcel") . The Parcel is located in an A Residential and Agricultural Zone District under Chapter 100 of the Code of the Town of Southold (the "Zoning- Code") . Walsh Park desires to develop the Parcel for affordable single-family dwellings for Fishers Island residents. Its current plan is to create twelve lots consisting of one-half acre ea.;h in a cluster development. If sufficient .-start-up funds for the development cannot be raised, Walsh Park will attempt to create two two-acre lots for sale at market prices prior to or at the time it applies for a major subdivision for the the twelve half-acre lots. Under the Zoning Code, a minimum lot area of 80,000 square feet is required for lots in an A District, subject to - certain exceptions not applicable to the Parcel. Single-family dwellings , are also permitted under three other Zone Districts, I I ' Iincluding the M Light Multiple-Residence District and , the M-1 General Multiple-Residence District, where the minimum lot area 1 requirements are 40,000 square feet and 80, 000 square feet respectively. (I have been advised by Town Planner Valerie Scopaz that these minimums apply not to the size of an individual lot in a Multiple-Residence District but to the total size of the parcel in question. Therefore, subject to Planning Board approval, half-acre lots would be permissible. ) The other Zone District in which single-family dwellings are permitted is the AHD or Affordable Housing District. The minimum lot area in an AHD District is 10, 000 square feet. ISSUE: How should Walsh Park proceed in order to accomplish_ its goal of developing twelve half-acre lots and possibly two two-acre lots? CONCLUSION: There are several possible avenues open to Walsh Park: (1) applying L.; the Zoning Board of Appeals for lot area and other variances without attempting to change the Zone District; (2) applying for a change of the Zone District to an M Light or M-1 General Multiple-Residence District; and (3) applying for designation of the . Parcel as an AHD District and developing the property in accordance with the regulations applicable thereto. The first alternative is the least attractive; the others offer several advantages while having some disadvantages. 2 DISCUSSION: I1. Variances Without Change of Zone District. Without a change in Zone District, the Parcel clearly Icannot be developed as desired without the granting of variances by the Zoning Board of Appeals. Even if the land for two conforming two-acre lots is not used, the maximum yield will rlikely be less than twelve lots because of the need for streets J� and the unavailability of the, wet area. Though the clustering g provisions of the Zoning Code would be applicable, even if all 24.6 acres (1,a74 44D square feet) could be used, computation of the maximum number of lots in 'a cluster subdivision is made by subtractingtwenty percent of the fi, -M y p gross area (�-,�3.8 square_ feet) from the total and dividing the . remaining eighty percent 9q7, oZ (859; 2 square feet) by the minimum requirement of 80,000 square feet. Thus, only ten or eleven lots could be created under the best of circumstances. Even then, however, a further restriction that lot. area shall not be reduced by more than fifty percent (to 40, 000 square feet) would frustrate the goal of producing half- acre lots. Due to the foregoing problems, variances from several provisions of the Zoning Code would have to be applied for and obtained before the project could receive final Planning Board approval. Before the Zoning Board would put an application on i its calendar, a site plan would have to be prepared and reviewed by the Planning Board. 3 Once before the Zoning Board, Walsh Park would have to prove that it - was entitled to the variances by reason of "practical difficulties" or "unnecessary hardship". While some arguments could be advanced applying these concepts in light of the particular circumstances, even if the Board is sympathetic to 1 the goals, it is not at all certain that relief would be granted. J Neighboring property owners could conceivably protest on the ground that there is ample area to create a fixed number of conforming lots and they would have standing to object to the ' granting of any variances in an Article 78 proceeding in State f Supreme Court. - Another possible ground of objection would be that, by granting the variances, the Zoning Board would be 'i exceeding its authority by engaging in rezoning, a province_ reserved to the Town Board. 1` Because of the uncertainties in proceeding in this fashion, the other options must be considered. 2. Change of Zone District to an M Light or M-1 General Multiple-Residence District. r i Walsh Park could petition the Town Board for a change j 1 to the less restrictive M Light or M-1 General Multiple-Residence District. The procedure for so amending the Zoning Ordinance is set forth below. a. The owner must prepare a petition and an Environmental Assessment Form. ("EAF") on the forms prescribed by the Town, copies of which are provided with this Memorandum. A map for submission to the Suffolk County Planning Commission will 4 t 7 probably also be required. (See Information Sheet - Instructions for Submitting Zoning Actions. ) b. The petitioner must - send written notice by certified or registered mail to every adjacent property owner (as shown on the current assessment roll) unless written verified waivers of notice are obtained from such owners. This notice must contain certain information specified by the Zoning Code, including a description of the property and a statement that the petitioner proposes to file a petition requesting a change of zone classification. The notice must be mailed within five days f preceding the date the petition is filed. i c. The petition, EAF and map, together with the fee of i $500 and proof of mailing of notice, must be filed in the Town_ l Clerk`s office within five days after the mailing of notice. d. By written request, the Town Board instructs the j Planning Board to prepare an official report containing its ` recommendations. e. The Town Board will a.Lso make a determination, based upon the EAF, as to the impact on the environment. If the impact is deemed to be significant, an Environmental Impact Statement will be required. f. Upon its receipt of the Planning Board report, and the Planning Commission report, if applicable, the Town Board fixes the time and place of a public hearing and gives notice of the hearing by advertising it in accordance with the Town Law. g. A public hearing -is held and the Town Board adopts 5 1 T a resolution approving, approving with modifications, or disapproving the amendment. -- The foregoing g g process can be expected to take two to 1 three months from the date the petition is filed to the date the Town Board renders its decision. This time frame would be increased substantially (by four to five months) if an Environmental Impact Statement is required. i -_ Once the zoning change is approved, Walsh Park can file its application with the Planning Board for major subdivision !' approval. I am advised that final approval for a major ' subdivision can be expected to take one year. This time frame can perhaps be shortened to some extent given the interest the Town has taken in the project; however, delays in the process can_ certainly be expected. There are several factors that must be considered by Walsh Park if it decides to apply for a change to a Multiple- Residence District. First, the Town Board relies on an - uatside consultant, David Emilita, to determine whether an Environmental Impact Statement will be required. Ms. Scopaz could not predict whether one would be necessary in this instance. The decision may turn on the number of building lots to be created and the location of those lots. She suggested that I consult with Mr. Emilita, whom I know personally, and provide him with a sketch plan of the proposed development prior to the submission of any applications since the preparation of an Environmental Impact 6 J, Statement could involve substantial delay and expense. Second, a decision must be made as to whether the two M two-acre lots will be created. If so, Walsh Park will have to AM apply for a minor subdivision of the Parcel to create these lots prior to applying for a zone change for the balance of the AM Parcel. Final approval for a minor subdivision will take at least four months from the date maps are filed. Depending on the location of the two lots, a bond or other security for road AM improvements may be required. Third, it is the opinion of the Town Planner that Walsh Park would be successful in its application for a change to a ' Multiple-Residence District only if it presents what she referred to as an "airtight" argument. Thus, all the decisions as to how_ T the affordable housing scheme will operate must be made prior to the hearing and the Town Board must be convinced that the plan is at least as workable as its own Affordable Housing District . program. The concern is that, while the Town can continue to AM monitor an AHD program after approvals are granted, it could lose T � control over the subdivision after the change to a Multiple- Residence District is authorized. Although the Planning Board i' will have some input as to the size and location of the lots as T the subdivision process proceeds, it would not have the authority to regulate such issues as eligibility and profits on resale. 3. Application for Status as an AHD District. — E With the purpose of providing the opportunity for the development of high-density housing for families of moderate 7 L I income, the Town created the concept of the Affordable Housing _ District in 1986. On land within an AHD District of more than ten acres, not less than fifty percent of the dwelling. units and/or unimproved lots shall be reserved for sale to moderate- income families, i.e. families whose aggregate annual income does not exceed $39, 000, subject to adjustment based on the change in the consumer price index from year to year. The procedure for development in an AHD District is summarized below. Further details are set forth on the AHD Information Sheet and in Article VA of the ZoningCode,, copies of . which are provided with this Memorandum. a . The owner files an application for the establishment of an AHD District with the Town Clerk who submits_ a copy to the Town Board. An Environmental Assessment Form must also be completed and filed. The fee is the greater of $15 per dwelling unit or $500. The information required in the application is much more ' detailed than that required in a petition for a zoning change. Among other things, a prelimin�-ry site development plan must be prepared and filed at this stage. b. The Town Board then refers the application to the Planning Board for its review and report and, if required by the Suffolk County Charter, to the Suffolk County Planning Commission for its review and recommendation. As with other zoning changes, the EAF is referred to the outside consultant for his recommendations. C. The Planning Board is required to report its 8 recommendations to the Town Board within sixty days of the date of the Planning Board meeting at which the application is received. It may recommend approval, approval with modifications or disapproval. d. Within forty-five days from the date of the Town Board's receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever first occurs, the Town Board must hold a public hearing upon the same notice required for zoning reclassifications. e. Within forty-five days after the date of the close of the public hearing, the Town Board must act to approve (with or without modifications) or disapprove the application. If the application is approved, the Town Clerk causes the Zoning Map to, be amended and the applicant may proceed with the subdivision process by applying for site plan and final subdivision approval. f. Unless the applicant receives site development plan approval and final subdivision plat approval of at least the first section of the development within twelve months of Town Board approval, the AHD approval will expire; however, extensions may be granted for good cause shown. There are a number of regulations applicable to the dwelling units and unimproved lots reserved for moderate-income families. These are set forth in Article VA of the Zoning Code, a copy of which is provided with this Memorandum. Applying for AHD status offers several advantages over petitioning for a change to a Multiple-Residence District. Since 9 only fifty percent of the land must be devoted to affordable housing, two or perhaps three two-acre lots could be created j. 1 simultaneously as part of one major subdivision, a fact confirmed � to me by James McMahon, the Director of Community Development. The chances for approval would be more certain since the Town would not have to worry about relinquishing control. Thus, the risk of devoting considerable time and expense to an unsuccessful .,: application would be much reduced. Because provisions for 1 management of the program are already in place, fewer decisions as to the structure of the project (and less time and expense involved in making them) will be necessary at the outset. LPursuing an AHD application offers certain procedural advantages as well. While more information is apparently _ required at .the beginning of the AHD process, as a practical matter the same information will ultimately have to be made available in connection with an M or M-1 District application, perhaps even before the public hearing for the zoning change since the Town will want a detailed presentation of the proposed project. Furthermore, because the Planning Board is much more involved at the outset with an AHD application, the time frame for final approval of the site plan and subdivision would be reduced. Except in connection with its report to the Town Board, the Planning Board would not commence consideration of a major I subdivision application in a Multiple-Residence District until a -� after the zoning change was approved. The principal disadvantage to proceeding under the AHD +, -, 10 provisions is, of course, the loss of control. The Town would regulate eligibility, the prices for sales and resales, and the distribution of profits. It would generally oversee the project. However, Mr. McMahon has advised me that there is some flexibility and, so long as it did nothing inconsistent with the AHD provisions, Walsh Park could control certain aspects of the project. For example, it could continue to own the land under lease agreements with eligible applicants. I understand from Ms. Scopaz that leasing was an arrangement that Walsh Park had considered at one time. SUMMARY: The limitations and restrictions of development in an AHD District must be weighed against the delays and uncertainties_ involved with the change to and development in a Multiple- Residence District. In my view, the Board should study the AHD regulations carefully and determine whether it could live with them. If so, application for status as an AHD District appears to .be the best procedure to follow. If not, ' then the Board should explore alternatives and make decisions as to the proposed structure of the development as soon as possible. S.L.H. , III 11 14-16-2 (2/87)-7c 617.21 SEAR Appendix A. 'State Environmental Quality Review . FULL ENVIRONMENTAL ASSESSMENT FORM it Purpose: The full EAF is designed to help applicants and agencies determine, in an+orderly manner, whether a project or action maybe significant.TKe-question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions ' Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 PART 1—PROJfECT ....=ORMATION Prepared by Project Sponsor , NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and public review. Provide any additiont—` information you believe will be needed to complete Parts 2 and 3.. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTT N(Include Street Address, Municipality and County) ^ @F J NAME OF APPLICANT/SPONS BUSINESS TELEPHONE In ADDRESS r CITY/POI ` �^ STATE ZIP CODE ' I A1 (0&1?fe9 NAME OF OWNER(If different) BUSINESS TELEPHONE ( / ) 7131 ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION ctio Pau l if�-q e, FA.t%,[ y Uiv4t5 c Iu.v,,-fr_Ae_d 00 Cre_ to Di; Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture ❑Other , Ofe-P 2. Total acreage of project area: q acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 3 acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? 7-04-O-A a. Soil drainage: []Well drained (O O % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on pr ject site? ❑Yes MNO a. What is depth to bedr- or (in feet) 2 5. Approximate percentage of proposed project with slopes: 290-10% % 1110-15% % 1115% or greater % 6. Is project substantially contiguous to; or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes $No CIs project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes XN0 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes $QNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes J%No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes Dk,4o ' According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) []Yes IZNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes V No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes fRNo 15. Streams within or contiguous to project area: nlli� a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name I b. Size (In acres) q �G X 17. Is the site served by existing public utilities? RYes ❑No a) If Yes, does sufficient capacity exist to allow connection? ZYes ❑No b) If Yes, will improvements be necessary to allow connection? ®Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes D�No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes 1KNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? E4Yes ❑No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 07 y� `7i acres. b. Project acreage .to be developed: In, acres initially; _ acres ultimately. c. Project acreage to remain undeveloped - 2` acres. d. Length of project, in miles: 0 b± (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing 0 proposed 1"M6YA.cMy.4 g. Maximum vehicular trips generated per hour to (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 'R Ultimately 91 i. Dimensions (in feet) of largest proposed structure height; !2" width; 3 u length. j. Linear feet of frontage along a public thoroughfare project will occupy is? to ft. 3 2. How much natu iaterial (i.e., rock, earth, etc.) will be rE„,,jved from the site? 0 tons/cubit yards 3. Will disturbed areas be reclaimed? ❑Yes ❑No f,$N/A a. If yes, for what intender purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes ❑No c. Will upper subsoil be stockpiled for reclamation? ❑Yes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest over 100 years old) or other locally-important vegetation be removed by this project? Dyes to 6. If single phase project: Anticipated period of construction �2c MOAA,�_ months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONo 8. Will blasting occur during construction? ❑Yes %No . 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated 'by this project d 11. Will project require relocation of any projects or facilities? ❑Yes PgNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes ONo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes JSNo Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes ONo Explain 0 MC 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes ONo 16. Will the project generate solid waste? Ayes ONo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? JNYes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? []Yes D<No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes f4No 19. Will project routinely produce odors (more than one hour per day)? ❑Yes ANo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes Xlo 21. Will project result in an increase in energy use? AYes ❑No If yes , indicate type(s) p iP C.'t—r')e 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water,usage per day gallons/day, 24. Does project involve Local, State or Federal funding? El Yes /KNo If Yes, explain 4 25. Approvals Required: Submittal Type Date City, Town, Village Board �'J,Yes (— City, Town, Village Planning Board Yes ❑No LAB-l11USScea� AAAPwA� City, Town Zoning Board ❑Yes ❑No City, County Health Department 91'es ❑No Other Local Agencies ❑Yes ❑No Other Regional Agencies ❑Yes ❑No State Agencies %Yes VNo Federal Agencies ❑Yes ❑No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? JYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit *ubdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? .AP ( d-e-A _ A C A e_ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? S'A M e_ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? XYes ❑No 7. What are the dthe predominant Band use(s) and zoning classifications within a ' mile radius of proposed action? /�e5f �e�-h , 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/a mile? KYes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? _f A C-Re 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes Xlo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 0-yes ❑No a. If yes, is existing capacity sufficient to handle projected demand? James []No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes 19'No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Spons- Name Rai /9 (�� . Date I ig A3 C; �. Signature Title J04 41, > ! If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 3art 2—PROJECT IMPACTS Al THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially.large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are.illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to the project site? Impact Impact Project Change ❑NO ❑YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑.Yes El No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ El Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ El Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes El No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. _ ❑ ❑ El Yes ❑No • Construction in a designated floodway. ❑ ❑ El Yes ❑No • Other impacts ❑ ❑ El Yes ❑No 2. Will there be an effect t=.. _..iy unique or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc.)❑NO ❑YES • Specific land forms: ❑ ❑ El Yes ❑No 6 1 2 3 IMPACT ON WATER Small to Potential Can Impact Be 3. Will proposed action affect any water body designated as protected? Moderate Large Mitigated By Impact Impact Project Change. (Under Articles 15,24, 25 of the Environmental Conservation Law, ECL) ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ El Yes El No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ []Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ El Yes El No • Construction in a designated freshwater or tidal wetland. ❑ ❑ El Yes El No • Other impacts: ❑ ❑ ❑Yes []No 4. Will proposed action affect any non-protected existing or new body of water? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ El Yes '❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes El No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes El No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ El Yes El No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ El Yes El No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ El Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ Dyes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to naturai conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ El Yes El No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: - ❑ ❑ ❑Yes []No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 i fioderate "F1 Potect Be Lad ByImphange• Proposed Action may cause substantial erosion.• Proposed Action is incompatible with existing drainage patterns. ❑No• Proposed Action will allow development in a designated floodway. ❑ ❑No• Other impacts: ❑ ❑No 0es ONO IMPACT ON AIR 7. Will proposed action affect air quality? Examples that would apply to column 2 ENO AYES • Proposed Action will induce 1,000 or more vehicle trips in any given hour. ❑ ❑ ❑Yes ❑No • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. ❑ ❑ ❑Yes No • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. ❑ ❑ ❑Yes No • Proposed action will allow an increase in the amount of land to industrial use. committed ❑ ❑ ❑Yes ONO • Proposed action will allow an increase in the density of industrial development within existing industrial areas. ❑ ❑ ❑Yes ONO • Other impacts: j ❑ ❑ ❑Yes [:]No IMPACT ON-PLANTS AND ANIMALS i. Will Proposed Action affect any threatened or endangered species? ❑NO DYES ` Examples that would apply to column 2 ' Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. ❑ ❑ ❑Yes ONO Removal of any portion of a critical or significant wildlife habitat. ❑ Application of pesticide or herbicide more than twice a year, other ❑ El Yes ONO than for agricultural purposes. ❑ ❑ ❑Yes []No Other impacts: ❑ ❑ ❑Yes ONO Will Proposed Action substantially affect non-threatened or ' non-endangered species? ONO DYES I Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. ❑ ❑ ❑Yes ONO Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important ❑ ❑ ❑Yes ❑Nod vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 ONO AYES "he proposed action would sever, cross or limit access to agricultural ind (includes cropland, hayfields, pasture, vineyard, orchard, etc.) ❑ ❑ ❑Yes ❑No 8 • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ []Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action.would disrupt or prevent installation of agricultural El ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes El No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO OYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes El No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? El NO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ El Yes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ Dyes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes El No • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON TRANSPORTATION 1 2 •3 Small to 14. Will there be an effect to existing transportation systems? Moderate Potential Can Impact Be 9 Mitigated By Examples that would apply to column 2 ONO DYES Impact Impact Project Change Alteration of present patterns of movement of people and/or goods. ❑ . • Proposed Action will result in major traffic problems. ❑ C�Yes El-No• Other impacts: ❑Yes ❑No ❑ ❑ ❑Yes No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply to column 2 ONO DYES • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. ❑ ❑Yes ❑No • Proposed Action will require the creation or extension of an energy ❑transmission or suPP Y Y I system to serve more than 50 single or two family ❑ ❑Yes ❑No residences or to serve a major commercial or industrial use. Q • Other impacts: ❑ ❑ ❑Yes No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? Examples that would apply to column'2 ONO DYES • Blasting within 1,500 feet of a hospital, school or other sensitive facility. ❑ ❑ El Yes ❑No • Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local El ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. ❑ ❑ Yes ❑No Proposed Action will remove natural barriers that would act.as a noise screen. ❑ ❑Yes ❑No ' Other impacts: ❑ ❑ El Yes ❑No IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? Examples that would apply to column 2 ONO DYES ' Proposed Action may cause a risk of explosion or release of hazardous substances(i.e. oil, pesticides, chemicals, radiation, etc.)in the event of ❑ ❑ El Yes ❑No accident or upset conditions, or there may be a chronic low level discharge or emission. irritating, form (i.e. toxic, poisonous, highly reactive, radioactive,Proposed Action may result in the burial of "hazardous wastes" in any El g, ❑ ❑Yes []Noinfectious, etc.) I Storage facilities for one million or more gallons of liquified natural ;as or other flammable liquids. ❑ ❑ ❑Yes ❑No Proposed action may result in the excavation or other disturbance .vithin 2,000 feet of a site used for the disposal of solid or hazardous El ❑ ❑Yes ❑NO vaste. r ether impacts: � ❑ ❑ ❑Yes ❑No I( 10 • 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change • ❑NO ❑YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ El Yes ❑No will increase by more than'5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ El Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ Dyes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part. 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 14.14.11 (2!87)-9c 617.21 SEQR Appendix B State Environmental Quality Review Visual - EAE Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/a '/4-1/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? • National Park Service lands? ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screeried by summer foliage, but visible during other seasons) ❑Yes ❑No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? ❑Yes ❑No 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a mile *1 mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑. ❑ River, Lake, Pond ❑ ❑ Cliffs, Overlooks ❑ ❑ Designated Open Space ❑ ❑ Flat ❑ ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *1/2 mile ❑Yes El No *1 miles ❑Yes ❑No *2 miles El Yes ❑No *3 miles ❑Yes ❑No C * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the•proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ ❑ At a residence ❑ ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ 2 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under_application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .!! .QX L . . . .. .. . . . . .. . . . . . . .. . . .. . . .. .. . . .. . . . . . .. . . . . . .. . . .. . . . . . . . . .. .. . . . . . . .. .. . . .. . . . . . ... .. .. . . .. . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .. .. .. . . . . . . . . .. . . . . .. . Page . . . .. . . . . . . . . . . . . . . . . . On . . . . . . . .. .. .. . . . . .. . Liber . .. . . .. . . . . .. . . .. ...... . Page . . On . . . . . . . . . . . . . . . . . . . . . . Liber . . . . . .. . . . . .. .. .. . . .. .. . Page . . . .. . . . . . . .. . . . . . . .. . On Liber . .. . . .. .. . . .. . .. . .. . . . . . Page . .. . . .. . . .. .. . . . . .. . . . On . . . . . .. . . . . . . .. . . . . .. . Liber . . . . . .. .. . . .. .... .... ... Page On . . , as devised under the Last Will and Testament of . . . . . . . .. .. . . . . .. . . .. . . . . .. . . . . . . . . .. . . oras distributee . . . . . . . . .. .. .... .. . . .. .. . . .. . . . . . . . . . ... . . . . . . . .. . . .. .. . . . . .. . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. .. . ..... .......... . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . .. . . . . . . . . . . . .. . . . . 5. The area of the land is . . 3 3. . . .. , acres. ,,// 6. All taxes which are liens on the land at the date hereof have been paid except q4z... . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . .. . . .. .. . . . . . 7. The land is-.encuinbered by . .. . 7.... .. . . .. . . . . . ..... . . . . . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . mortgage (s) as follows (a) Mortgage recorded' in Liber . .. . .. . . . . . . . . Page . .. . . . . . . . . . . . . . . . in original amount of $. . . . . . . . . . . .. . unpaid amount $ . . . .. . . . . . . . . . . . . . . . . held b}p. . . . .. . . . . .. . . . . . . .'. . . . . . . . . . . .. . . . . . ad' dress . . . .. ... . .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . (b) Mortgage recorded in Liber . . . . . .. . . Page . . . . . . . . . . . . . . . . . . . . .. . in original amount of . . . .. . . .. . . .. . unpaid amount $. . . . . . . . . . . .. . ... . . . . . . held by . . . .. . . . . .. .. . . .. . . . . . . . . ... . .. .. . . . address . . . .. .. . . .. . . . .. . . . . . . . . . . . . . . . . . . (c) Mortgage recorded in Liber . . . . . .. . . .. .. . .Page . . . . . . . .. . . .. . . . in original amount. of . .. .. . . . . . . .. . unpaid amount $. . . . . . . . . . . . . .. . . . . . . . held by . .. .. .. .. .. . . .. ... . .. . . .. .. .. .. .. .... . . . . . . . address . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .. . . .. .. . . . . . . . .. . . . ... . . . . . 8. There are no other encumbrances or liens against the land except . . .'YoAtE. . . .. . . .... .. . . .. .. . . . . . . .. .. .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . I . . . . .. . . .. .. .. . . . . . . . .... .... .. . . ... . 9. The land lies in the following..zoning use districts . . . . . . . . . ... . . . . . . . . . .. .. .. .. . . .. .. . . . . ... . . .. . . ... . . . . . .. . . . . . . . . . . . . .. .. . . . . .. . . . . .. .. . . . .. . . .. ... . ... . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept . . . .. Z .. .. . . .. . . . . . . . . .. . . ... . . . ... . . . . . . . .. .. .. . . . . .. . . .. .. . .. .. . . . . . . .. . . . . 11. The applicant shall at his expense install all required public improvements. ✓ 12. The land (does) does no lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . . . . . . . . . . .. a. . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . ... .. . . . r- 13. Water mains will be laid by J?5KA4. . . . . . . . . . . . . . . . . . .. . . and(0 (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by -7 . .. .. . . . . .. . . .. . . . . (2b . . . . . . . .. . . . . . . . . . . . . . . and (no) charge will be made for installing said lines. 15. Gas mains will be installed by . .. .. . . .. . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public str ts in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 4 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. !764 4 Costal- 18. There are no existing buildings or structures on the land which are not located and shown on the plat.-"' 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". e . -h 22. The applicant estimates that the cost of grading and required public improvements will be $2.Sg10PP! as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. .. . . .. . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". I,�;;,,� DATE . .. .. ... . .. .. .. . . .. . . .. . . . . .. 19. . . . . . . . . . . . . . . . . . .. .. .. .- . . � --. . . . . . Na e of Applicant). . . . By . P . .. . .w .l..GC. . . .. . . .. .. . . . . . . . . . . . (Signature and Title) . . . . .4 . . . .... . . . . . (Address) STATE OF NEW YORK, COUNTY OF . . . . . . . .. .. .. . . . . .. ss � / QQ On e . . 15 . .. . . .. . . . day of. . .. . . . . . . . . . .. . . .. 19.8$., before me personally came �ONn.I 00 lI to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . e.. . . . . xecuted the same. THOMAS F. DOHERTY JR. Notary Public State of New York --�. No.4806559 . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . :: Qualified in Suffolk County otary Public Term Expires 12f31/86 STATE OF NEW YORK, COUNTY OF . . . . .a. . . . . . . . . . . . . . . . .. . . .. . ss: On the . .. . . . . . . . . .I. . . . . day . . . . . . . .. . . . of . . ... : . . . . . . . . .1 19. . . .. .. before me personally came . . . . . . . . . . . . . . . . . . . . . . . . . to me known, who being by me duly sworn did de- pose and say that . . . .. . . . . . . . resides at No. . . . .. . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . .... . . .. . . . . . . . that is the . . . .. . . .. . of . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . .. .. . . . . . . . .. . . . . . . . . . . . . the corporation described in and which executed the foregoing instrument;-that. . .. . . . . . . . . . knows the seal of said corporation; that the seal affixed by order of the board of directors o said corporation. and that . . . . . . . . . . . . signed . . . . . .. .. . . .. . name thereto by like order. . . . . . . . . . .. . . . . .. . . . . . . . .. . . . . . . . . Notary Public