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TITLE NO. "I' ltd(b - 073Z -6
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Southold, N.Y. 11971
(516)765-1938
i
j September 1, 1987
I
Mr. Thomas T. McVann, Jr.
P.O. Box 827
Westhampton, ;Beach, .NY 11978
RE: Adams/O'Brien Property
Lot line 'change at Fishers Island
Dear Mr. McVann:
Please let this confirm the following action taken by
the Southold Town Planning Board,,.Monday, August 24, 1987 .
1 RESOLVED that the Southold Town Planning Board approve
teh lot line change of plan made;.for Francis Fiske Adams,
Jr. located at Fishers Island, survey dated as revised May
294 1987 , subject to: .
Covenants and Restrictions filed with-the office of the
County Clerk stating that lots no. 1 and 2 will be sold
as one unit, even upon the completion of dwelling units.
Would you please forward a draft copy of the covenants
and restrictions to our office for review byc.the_Town Attorney
prior to filing same with:ahe County Clerk' s office.
If 'yoii"'leave any questions, please don't hesitate to
f contact our office.
iVery truly yours,t
BENNETT ORLOWSKI,, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By .Diane M. Schultze, Secretary
i
J
Thomas T. MCVann, Jr. \
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
October 30, 1987
' Planning Board
Town of Southold
Main load
Southold, Ne-w York 11971
k Re: Adams/O'Brien Property
Dear Ms. Schultze:
Please find enclosed the certified copy of the
declarations which have been recorded in regard to the
above encaptioned matter, as per the request of the
Planning Board.
With every kind regard, I am
Cordiallyryes ;
THOMAS T. McVANN,JR,
TTM:`bjm
Encl .
cc: Building and Zoning
I
cc: Southold Town Attorney
I
RECE"VED, BY
I
- mss 3Vi 6 +srLMI w—G SUER
I
`��`�t's`raa t► t,uF � � �
Southold, N.Y. 11971
(516) 765-1938
jSeptember 1,0,. 1987
Frank Yakaboski
I} Attorney at Law
456 Griffing Avenue
Riverhead, New York 11901
Re: Adams/O'Brien
Lot-Line Change
Fishers Island 1000-3-3-3
Dear Mr. Yakaboski:
Enclosed is a copy of .the proposed-covenants-and restrictions for
the above mentioned application. The covenants were requested as a condition
of the approval.
Would you please review them and advise us if they are in order.
Thank you for your' assistance in this matter.
Very tr
u
ly
yours,
16A
BENNETT ORLOWSKI, JR. CHAIRMAN
iSOUTHO D' TOWN PLANNING BOARD
enc.
a
C �
DECLARATION
THIS DECLARATION made this da of 1987 b
Y Y
Denis O'Brien, residing at 26'Cadogan Square, London Southwest, IXOJP,
England hereinafter referred to as the Declarant, "
/ W11EREAS, the Declarant is the owner of certain real property situate
at Fishers Island, Tom of Southold, Suffolk County, Neon York, designated
}, as 'DI, 1004; S =ON 3; BLOCK 3 LOTS 3.002, 3_003; and
VEIERTF'AS, the Declarant has made application to the Southold Tom
Planning Board for approval of a lot line change; and
WHEREAS, for and in consideration of the granting of said approval, the
Town of`Southold'has required that the within covenants andrestrictions
be imposed and as a condition of said approval he Planning Board has re-
quired that the. witbin Declaration be recorded in thf Suffolk County Clerk's
Office:
NOTV, THEREFORE, THIS DECLARATION WITNFSSE"Il:
That the Declarant, for the purpose of carrying-*
arrying out the intentions above
expressed, does hereby make known , admit, publich, covenant and agree that
the said premises shall hereinafter be subject,,to the following covenant:+
That lots no. l and 2 (subject premises) will be,'sold as one unit,
even upon completion of dwelling units.
IN WITNESS WHEREOF, the Declarant above named has e,ecuted the fore-
going Declaration the day and year first above written;,' .
DrE&fp 0'BRIEN
OTATE OF )
SS.:
COUNTY OF )
On the day of 1987, before me personally cane
DENIS O'BRIEN to me known and known to me to be the individual described
in and who executed the foregoing instrument, and acknowledged that he
executed same.
NOTARY PUBLIC
RgCEIVED BY
SEP L
?98T
TE
Thomas T McVann, Jr.
— Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
� r
September 8; 1987
I�
Planning Board
Town of Southold
' I Southold, New York 11971
Attention: Diane M. Schultze
Re: Adams/O'Brien Property
Lot Line change at Fishers Island
Dear Ms. Schultze:
Please find enclosed the proposed covenants and
restrictionswhich I would ask you to submit to the
Town Attorney for review. If everything is in order
-lease advise this office and I will have the original
signed by Mr. O' Brien and recorded.
With every kind regard, I am
Cordiallyours,
�
THOMAS T. "MCVANN, JR.
TTM:bjm
L Encl .
i
Ss h�4L TOWN n .,=f
ng Row
SEP 3987
- DATE
RECEMED By
YOM
DATE
FISHERS ISLAND DrVELOPMENT CORPORATION
August 18, 1987
Tofan of Southold Planning Board
Gentlemen:
Since my letter of August 10 : 1987 with regard to Mr. O'Brien's
proposed plot division on Fishers Island, I have met with him to
better understand the situation.
My .present understanding is that Mr. O'Brien is planning to
build two houses ( a main residence and a live-in garage) on six
acres. His request for a lot line change is based on the siting
concerns and the need to keep the two dwellings on separate building
lots, as I believe Suffolk County requires.
Mr. O'Brien has stated to me, and I believe to the Planning
Board, that he will only sell these two lots as a unit, and thus
they can be considered a single housing element.
Based:on this information, FIDCO has no objections to Mr.
O'Brien's proposed plan.
Sincerely, ,
William C. Ridgway
President
cc: D. O'Brien
C C
TEL. 765-1802
SS�FF�(kCp TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
o T P.O. BOX 728
u' TOWN HALL
O ® SOUTHOLD, N.Y. 11971
August 10, 1987
TO: Bennett Orlowski
Chairman Plarin' Board'
FROM: Victor Lessard YtZ
Executive Admin.
SUBJECT: OlBrien project
Fishers Island 1000-03-03-03
Researching this project I find the following con-
ditions and have stopped the activity until such time as these
conditions are resolved to the satisfaction of the town.
I— Application was submitted under the presumption
that the pending subdivision would be approved.
27- Property has been cleared to bluff with. pos-
sible violations.
3-- There is only one permit (now stopped) with
future proposals for a swimming pool; tennis
court and a dwelling on the vacant lot that
is adiacent.
STEPS. REQUIRF,,D:
1-- Both Southold Town trustees and Zoning Board of
Appeals will have to inspect property, to see if
any violations under Sections 100-119.2 & 97-13
have been committed.
2-- The Planning Board should continue addressing
the revised sub-division as applied for; but the•
present condition should have no bearing on the
Planning Boards decision..
3-- Should the Planning Board decide to leave the
sub-division in it's present form, then the
resulting conditions will have to be addressed.
(a) If building, presently started, is not
Bennett Orlowski August '10, 1987
Page 2
'I
removed and put in it's proper set-backs; then
the present approved sub-division will revert to
a two lot instead of a three lot minor. Any
future activity, as presently proposed as future,
will have to be re-evaluated.
VGL:hdv
c.c
:Board of Appeals
( Trustees
i
�. n
1987 Fishers Island Development Corporation
DATE Fishers Island,NY 06390
William.C.Ridgway,III Richard.S.Baker
President Manager
August 10, 5987
SII,
4
Town of Southold Planning Board
Gentlemen:
I would like to state the Fishers Island Development
Corporation's (FIDCO) position with regard to redrawing the
lines of the O'Brien property on'Fishers Island.
FIDCO believes that the Olmsted plan should be the guiding
document for the east end of Fishers 'Island and has been working
with the Township and the County toward this end. FIDCO further
believes that any changes to the Olmsted plan should conform '
to the 3 acre zoning in the proposed Southold Township Masten;
Plan, or should be such that the number of potential building
lots is reduced. My understanding is that neither of these
are accomplished, by the proposed changes.
Therefore,, regardless of Mr. O'Brien's lawyer's statement
to the contrary, FIDCO does not favor this change if it will ,
result in creat ing an undersized building lot.
i
Sincerely,
William C. Ridgway
President
WCR/mw
August 10, 1987
i
1
Town of SouthoTd' Planning Board
Town Hall
Southold, NY 11971
�CenYlemen:
I'
I would like to state what Fishers Island Development-Corp. . (FIDCO)
believes with urega£dttoirb'�drawing the lines of ,the -O'brien property
on 'Fishers Island.
FIDCO believes that-the Olmstead Plan should be defining
g
document for the East Endolof FIshers Island and has been;y-wahking
with the TownJpeople and the County toward this end.
FIDCO fuNther belil'ves that any changes to the Olmstead Plan should
conform to th three acre honing in the proposed Southold Town Master
Plan or should, be such ihaP the number of potential building loth is
reduced.
My underl'itanding is[ that neither of these areaccomplished b
the proposed Tange, therefore, regardless of Mr. O'b'tien.'s lawyers
statement to he contrai*y,! FIDCO does not favor this change for it
will result i. creating'lanjundersized lot.
l
Sincerely
William C. Ridgeway
President
Didtated to thie Planning Board Secretary by Mr. Ken Edwards on
,
Aug r
August 10 1987
SII '
i
i
A z ubt ` 7 8
g 7, 9 7
' r: Be riettr ws ri aitman fit s Lr,3 F �
Southold Iowa Planning Board
# `,flown Ka11
`Southold, New York 11971
f
dear Benny:
I have just re°eeived a copy of the letter written to the
board dated 7-28-87 from Thomas T. McVann Jr. attorney for
idams+0'hrien property _nere on Fishers Island. In response to
the request that I should disqualify myself from this case
'. becausea member of my family had litigation against Mr. O'Brien.
This lata-gation was settled over three years ago and it was my
.'son not myself.
Mr. Mo Vann suggests that I have delayed this lot line
change because of personal vindictiveness and pettiness.- I
did nit attend the meeting of July 6 , 1987 because I was not
feeli *g well. I will not be attending the meeting of August
10, ���a e of a prior commitment. But m attendance record
plann"r . bcard meetings in the y c, �t
. past speaks for itself.
�inne becoming a member of the board, I have always worked
with aYy appli cant who has asked me for help. In this 1case , Mr.
9'Bri�n nor Mr. McVa_nn have contacted me to discuss this appli-
cation.
B�,cause of appexant feelings that I am the reason for the
board , qt granting t4' is lot linechangeand that I have a Personal
vindLbMvdene'ss against Mr. O'Brien., I am obstaining from any
action on this application.
A, field inspect?on of this site has been made by, Richie
Latham` 'B 11, Mu.11e s .
., n, and Jim
s Br ,er, the has
y the . lnfo
rrration
needed� to make a proper determination qn this lot lime change .
r
Sincerely,
0
Kenneth L. Edwards
i
,
f ILE COPY '
Y D
C T tin
S . y
Southold, N.Y. 11971
(516) 7654938
August 3, 1987
Mr. Victor Lessard "
Executive Administrator
Building Department`
Town Hall
Southold, QTY 11971
Re: Prangs F. Adams
Ot,brien at Fishers Island
SCTM '# 1000-3-13-3.
Dear Mr. Lessard:
Wouldlyou pledse_let us know if a building. permit exists
for the above ment pned :property
If you have aiy questions, please don't hesitate to
contact oulr office!
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
I
REC
Thomas T. McVann, Jr. o,aff r
_ Attorney at Law p
;`' "f.�i�v key
Dwi' st Office Box 827
Westhampton. Beach, New York 11978
(510) 28.8 0500
July 28, 1987
III .
Southold TowniPlanning Board
53095 Main Road
$outhold, New york 11971
Re: -
Fishers Island
II �
Meeting of July 27, 1987
ISentlemen:
III This letter is being written in response to the
questions rained by Kenneth Edwards at the encaptioned
meeting.
First - My client, Mr. o'Brien has no intention
whatsoever of donating the third lot to the Town or any-
one else and onsiders the raising of that question,
ithin the confines of his application for a lot line
hange to which he is entitled by law, as grossly improper.
Second -, I should like to reiterate :what I said to
�he Board in myiletter of June 18, 1987 , and in person
Last
4 evening, that the configuration
as
inwhich
- q thelot change udrdiscuscion, has been
eviewed by theDEnvironmental
Conservation,
he Suffolk C Iunty: Department of Health Services, the
Southold `�own�Building Department, Mr. O'Brien' s architects
nd engineers,p Myself and the Fishers Island Development
l
or and the utaal conclusion which has been reached is
hat the configuration as proposed in ' the best possiblee
for all concerned. The Fishers Island .Development Corp
n particular, is very pleased with the plan.
Third - The plan as developed with the proposed
.-ot line chap e 'complies totally with the spirit of the
master plan for Fishers Island, which envisions the
possibility of three acre zoning on the East End, because
it will resultin two single family dwellings on six acres
o matter whe e ,the lot lines fall and it, will provide
ousing for year round Fishers Island
'personages of the
Steven Walters' family.
Fourth - The protect complies totally with current
Southold Town zoning law and requires no variances and
AIAA\��
Thomas T, VcVonn, Jr.
Attorn'4 at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
Southold Town (Planning Board
R:e: Adams/O'Brien Property
Meeting July 27, 1987
Page 2 -
amplie totala with the Olmstead plan in that the
sOtil property is developed with three homesites.
Fifth - Mr. Edwards should not even be participating
in the discussions, as members of his family have been
litigants agaii6t Mr. O'Brien and Mr. Edwards should have
disqualified himself, It has also been brought to my
attention that this natter was delayed by Mr, Edwards'
on-attendance ,at the July 6th meeting, claiming sickness,
when in fact was seen at a softball game at �:30 p.m.
that same day and was apparently healthy.
Mri . O'Brien feels that Mr. Edwards' actions
here are motivated by', personal vindictiveness and petti-
ness.
Sixth - The construction of the O'Brien house has
begun pursuantto the Building Permit. I would like to
point out to tl�ie � Board that substantial sums, of money
hleave been committed and spent in order to maintain the
construction sohedule, including but not limited to a
mortgage closiag� with European American Bank, involving
substantial co is and interest, substantial payments to
architects, enjieers and construction firms and laborers,
substantial fees paid to consulting experts with regard
to DEC and health department requirements .
If the Beard or the Town of Southold take any action
oeo ardize
j p -his project, they do so at their own peril .
There is no va ld reason to have delayed the lot line
change applica ion and there lies within neither Mr. Edwards
or the Board ' i � toto the power legally to deny the ap-
plication.
I would iope that this letter will serve to clear
he air and sti elate a legal and honest determinatlon of
his applicati)P at the ne.et meeting.
f
With every kind regard, I
i
ordially urs,
L Y
TH MAS T. McVANN,JI .
TTM:bjm
w _
Thomas T. IMcVann, Jr
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516} 288 6500
July 31, 1987
Southold Town',Planning Board
S3695 Mal A -
°Southold, NewIYork 1197`1
Re:.
Fis�rers Islan
Lot Line Change
Gentlemen:
t
t t m r
This is in ended to be an addendum o lege
Y
of July 28, 1987 , because it has been brought to m_
attention that Mr. Edwards is making public stater}�I,ts
that Mr. O' Brien, "keeps moving the lot line around"':
I am sure the Board will realize from a review of its
own records with regard to the piece, that this is
Mr. 'O'Brien' s ;first and only application with regard to
changing lot lines on this 9+ acre piece.
The first ,,lot line change was proposed by thel
Adams for the purpose of organizing the property into
three homesites- of a saleable nature,, with road access.
g �
The second change was made at the request of Mr. Eduard' s,
and agreed to�by' Mr. Adams, to straighten out
a lot line which Mr. Edwards felt should be straightened.
This application which results in a totally con-
forming situation is Mr. O'Brien' s only request to Le
Planning Board or any other Town Board. He has required
no variances, special exceptions or zoning ch e5.
With every kind regard am
ordi llY you s
Ii Gcc Ccs
THO S T. McVA N,JR.
RECEIVED BY
RRUTHOLO T(WN BOARD
T a� !!! �
TM.bjm
DATE
L
Y
L -
�- REcErVEu g�.
Thomas T.
r r+
MQVann, Jr, IGHT90LD T „ �
Attorney of Low
DATE st Office Box 827
Westhampton Beach, New York 11978
516 288-6500
June 18, 1987
Southold Town Planning Board
5305 main Road
Southold, New York 11971
P.e: Adams Property
Fishers Island
Lot Line Change
Meeting June 15, 1987
Gentlemen-
I wouldllike to thank, you for your courtesy in
permiting me to make an application, before the Board
on Monday lastwithregard to the above described
lot line change.I Upon reflection, it occurs tome that
the questions raised by Mr. Edwards; require further
explanation by me in order to convey a clear picture
of the situation.
As you may recall, by the time my application
was reached the hour was late and I apologize for not
answering Mr. Edwards ' questions fully and thank you
for =>allowing me to address them in, this letter.
Mr. DenisO'Brien, the contract vendee for the
property in December, 1986, when the current lot lines
were established, is now proposing a specific location
for his residence and a specific location for a second
residence (identified on the enclosed architects site
plan) . The O'Bri n's and their architects, taking into
consideration all of the complex- factors involved in
sitingbuildings on vacant land, in consultation with
land use planners, environmental experts, the New York
State Department of Environmental Conservation and; my-
self, chose the shown locations for the main residence
and the carriage house. ;The main residence located
78 feet behind the high water mark on the lot indentified
as Lot #2 will be occupied by Mr. O','Brzen and his family.
The carriage house located on the lot identified as Lot #1
will be occupied by Mr. Steve Walters and ,his family,
who will be perm nentiy in reisdenc on the property,p y, unlike
`v
Thomas T. M'(-.Vann, Jr.
Attorney a- Law
Post Office Box 827
Westhampton Beach, New York 11978
1 (516) 2$8-6500
I'
Southold Town Panning Board
Re: Adams Property - Fishers Island
June 18, 1987
Page - 2 -
Mr. O' Brien who travels extensively.
It had be, n suggested by some of the planners that
Lot #1 and Lot 2 be combined to create one six acre ' lot
with both the m! in residence and the carriage house
rather than moving the lot 'line as herein proposed. ' I
advised agains this because it would require requesting
a, variance allobving the placement of two principal resi-
dences on one lot in contravention to the Southold Zoning
Law. I suggested to Mr. O'Brien and the land planners that
every effort shduld be made to comply with the Southold
Zoning Law so the finished project was complied to the
law. The lot lies as currently proposed and location of
structures, as8urrently proposed, creates a property
which conforms entirely to the Southold Zoning Law.
I was unarre of the master plan, proposing the
minimum of three acre lots for the east 'end of Fishers
Island until Mr. Edwards brought it up at the meeting.
I honestly believe that the lot linesasproposed for
this project wiiill result in a land use which is entirely
consistent with the masterplanwhile conforming tol, pre-
oning
sent 'zbecause the total area of Lots 1 and 2 is about
six acres and lois six acres there will be two principal
residences. Vis 11 environmentally and practically
the effect is 'the same with the lot lines as proposed, as
it would be wii� some other lot line configuration. it
would probably �e possible to increase the area of Lot
#1 and decrease the area of Lot #2 by adding an angler
to the lot li,nle which is involved in the proposed change;
however, I haveibeen told by Mr. Edwards and Conformed to
his request �t at the Board preferred straight lot lines .
I suggest that he practical effect remains, the same , - two
principal resiid�nces occupying six acres.
Since Mr. Edwards pointed out the existence of the
master plan cciV' ring the east end` of' Fishers Island, II
have learned thlt along with calling for three acre lots,
Jr.
Thomas T. M(-,Vann, J
Attorney a Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 28-8-6500
Southold Town Panning Board
Re: Adams Property - Fishers Island
June 18, 1987
Page - 3 -
that the masterplan hopes to establish pet anenthousng
for Fishers Isla d residents. I suggest and believethat
Mr. O' B,rien' s plan provides a permanent residence , ' for
Steve and Debra Walters and. their family, who are per-
manent 'Fisher Island residents. Debra 'Walters is
school teaches n Fishers Island and they have one child
enrolled in the rashers Island school. I believe hat
the current prjo osal not only complies fully with cur-
rent Southold !Zoning Law, but also wat"h
rrastor plan.
If the Board were to request it, I am quite Isure
that Mr. O'Brienwould not seek further subdivision of
Lot #2 because it was never his intention to have more
than two lots or the six acres. He will also covenant
not to apply for further lot line changes . I respejctfully
submit that the original lot lines were proposed in order
to organize the property into three lots without full
consideration tof selecting building sites.
Please fird. enclosed a copy of the letter from
the DEC with recard to their approval of the project,
a map stamped b them as approved showing the buildings
as proposed, a map stamped by the Suffolk County Depart-
ment of Health cervices approving the location ofthe
main residencean article 6 its currentlyunderwayfor
p
a roval of the remaininglots and I am told byHerb
Davids, my consultant, that its: issuance is imminent) ,
and a letter from the Southold Town Trustees with regard
to Southold wet -and permits .
I mista e ly told the Board that a building permit
had been submitted by the architects. When I phoned him
on Tuesday he told me that he was going to file it within
one week and it may be filed by the time you receive this
letter.
If you ave any further questions please contiact the
undersigned and I would once again like to thank you for
Thomas T Vann, Jr,
Attorney at Law
Post Office Box 827
Westhompton Becc"n, New York 11978
(516) 288-6500
Southold Town I'--'P anning Board
Re`: Adams Property - Fishers Island
June 18, 1987
Page - 4
patience
Your P I
W'th every kind regard, I am
Y IApc.u,rv� '
THOMAS T. Mc ANN JR.
TTM:bjm
Encl .
i
Thomas T, Mtvann, Jr.
Attorne at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
June 19, 1987
Southold Town° p,lanning Board
53095 main Ro``dl
Southold, NewYork 11971
Attention: Diane Schultze
Re: Adams Property
Fishers Island
Lot Line Change
Dear Diane:
Pleasend enclosed my letter to the Planniig
Board along t '„the enclosures mentioned in that later.
have only f rwarded one site plan and one site plan
with the stam d approval from the DEC. Please let
me know if this creates a problem.
With every kind regard, I am
Cordial lveyorrrs',
Jj L - f
THOMAS T. MCVANN,JR.
TTM:bjm
Encl .
.York State Department of LnUirtii hlghbl C6hs& iati6h
gulatory Affairs Unit
Bldg. 40, SUNY, Pm. 219
Stony Brook, 3] 11794 _
(516) 751-1900
/�fp[-
7 i�"� Hertry G. Wil lams
eY - `Commix�o�er
6"— JU ;
pox 3�► I� � � ISCM #r I 1 ott
<<,e. . nS . Cor�s4r�c � sin lE zi kf� w�t�i
pew ci s s�ti VOC( ,� Q) Y-\ ,ryers
�lar��, So�nol�
cased on Cap information you have sub:itted, the tics c_k Sate Dena anent Environ-
,mental Conservation has deter- ncld' a the parcel project is :
Greater than 300' from in en`rcried tid,.l weticres.
Landward of a substantialman-made structure
greater than 106' in length which was constructed prior to Scpte^ber 20, 1977.
Landward of the 10' above.mean sea level elevaticn contour on a gra 'ual,
natural slope.
Landward of the topographic crest of a bluff, cliff or dune which is greater
than 10' in elevation above wean sea le el.
Listed in Part 661.5 of 6NCR? (Tidal Wetlands Land Use Regulations) as a use
^.not reeLiring a permit or otification le-zer a proval.
Therefore, no pe_ it is required under the Tidal Getlands Act (Article 25 of ,the
Environmental. Conservation La:.-) . Fl.ease be advised, however, that no construction,
c
sedimentation or disturbance of an kid may take place sea::ard of the 10' c ntour or
topographic crest withouta pe alt it is I zspozs liry to ensure the all
necessary precautions are taken to Prevent any sedimenta-ionior other alteration or
disturbance to ground surface or vegetation in this area as a result of 47our pro-
ject. Suca precautions may include pro,,id;:ng adequate work area. between the 10' con-
-'tour or topographic crest and the project (i.e. a 15' --a 20' wide constructi n area)
c f erection of a temporary fence, Harrier, or hay bale, bar,-.
Please note that any additional wo I>�,_or modification to the p-oject as disc ibed,
may require authorization by this epartaent. Please contact this office if 'such
are contemplated. _
n
Please be further advised -_ at thi letter does not rel° va you or the respo. Si Dllity
Of Obtaining any necessary per:=i;.s or. approvals from ozhler aaEncies.
lery tru v Cour$,,��(
Y I
T UPHONE
(5{0)785-1892 . '.
BOARD OF TOWN TRUSTEES
TowN OF SOUTHOLD
To Hall, 53095 Main Road
P.O. Box,728
Southold, New Fork 11971
ill c
rch 27, ;1987
I
Mr. Glenn E. Just
The Land Use Company
North Country Road
Box 361
Wading River, New York 11792
Re: O'Brien Property - Fishers Island
Request for a determination
Dear Mr. Just !
Please be advised that the Trustees have reviewed your request
for a determination on the nered of a Wetland-Permit for the above-
captioned property at their egular meeting held on March 26, 1987.
After an on-site inspection by Trustee Larsen it has been determine'
r that the project as proposed is 78' from the H.W.M. to the building env lope
in addition to being at the highest contour elevation. It has been det rmined
that the Trustees have no jurisdiction in this matter.
Shouldyouhave any ques ions. or concerns, please do not hesitate to j
call .this office at the xelehone number listed above.
Very truly yours,
Henry P. Smith, President
Board.of Town, Trustees
HPS:ip
cc: Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C., Albany
Stephen Mars, Army Corps,of Engineers
Thomas Hart, Coastal Man gement C
Conservation Advisory Council
Bldg. Dept.
%Board of Appeals
File
gy
Thomas T M'Vann, Jr so � t[; f ,aE, oa a�
Attorney at Law
ATE '
Post Office Box 827
Westhampton Beoc New York 11978
(516) 288-6500
June 1, 1987
Southold Town Planning Board
Southold Townfall
Southold, New York 11971
e
Attention: Diae 'Schultze
J,,qRe,;. Lot Line Change for
Adams Property
Fishers Island
Dear Ms . Schultze:
Please find enclosed an application for a lot line
change along w�lth six surveys showing the proposed change.
The Planning Board approved, on December 22, 1986,
a previous application for a lot line change and n w the
applicant seeks(, to change only one line (between L t #1
and Lot #2) as�,evidenced on the enclosed surveys, he
approved Chang s and proposed change is noted on t e
�lsu;rveys .
If anyth ng further is required please give e
a call . If eve ything is in order please let me kn w
when this will appear on the Planning Board' s agen a_
Thank yoi for your courtesy and cooperation in
this matter.
With every kind regard, I am
Cordially aur&, l j#
i.
THOMAS T. MCVANN, L R,.
I
TTM:bjm
Encl .
JU�V 7987
API LICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applica t hereby applies for (tentative) (fuck) approval of a subdivision plat in
acfordauce with 7Article 46 of;the Town Law and' the Rules and Regulations of the SoutholdTown
Planning Board, and represen ' and states as follows:
y
1. The applicant is the o ner 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
� 2> The name, of thee. subdvtsnon is to be ..., ants Subdivision� attorney for Applicant. .
.. .
land and application) THOMAS T McVANN JR. •attorney•.+• . .. .. •.
.... ...... .... . . .. ...... .. .i.
3. The entire land under pplication is described'in Schedule"A" hereto annexed,(Copy of deed
suggested.)
i
4. The land is held by the applicant under deeds recorded in Suffolk County„ Clerk's office as
follows
Liber .
....9 . .. . ........ ... O .. .5/$3
93. 3 .63 .... ,.. . Page n ....O
. .. ..411, S/2� ..... ... .. .. :
Liber . ...... .. ....... ....... Page ... .. .. ........ .. ..... On ...'.. ',.......... . . ;
Liber . .... ........ ........ ... Page On
Liber ...... Page ......... ... On .. j.
Liber . ................ '...... Page . .. .......... ......... On . .... .... . ';.. ... . ...... ;
as devised under the La t Will and Testament of ...... ... ...... . .... ..., .,.. ,..,
I..
or as distributee .....'.............:... .. ... . ............ ......... ....
. . . ...... .....
i
.. .. ... 6 4 .... . . . .... .. ... . .. .. . . .. .. ... .. ....�...,... ...,, .. .
5. The area of the'land is . ............ .... . acres.
6. All taxes which are liens n the land at the date hereof have been paid e=lpr . .... . ... ...
. . ... . . . . . .. .. . . . . .... .. .... .. ........... . .. .... .. .... ....... . . .
7. The land is encumbered b .....wA... .. ........ .. .. .. .............. .... .. ........ .. .
mortgage (s) as follows:
i
(a) Mortgage recorded in Liber ..... .. . ..... . Page . .... . . ...... .. .. . in original amount
of $. .. .. .... . unpaid mount $ ..... . . . .. .. . . . . .. .. . held by . .. .... .i. .... .. .......
.............. address .. . .. .. . . . . .. .. . .... I ...... . .... .
(b) Mortgage recorded in liber . .. .. Page . . . ... . .. .. ..... . . ... in original amount
of . .. ... . .. .... . unpaid a ount $. .... . .. . .. .. .. .. .... . held by .. .,....... ...
address . .. ..... ........ ... .... ..... ...
(c) Mortgage record d in Liber .. ... ... . .. ... Page'. . ..:. . .. ., ..... in original amount
,
of . .. ........ .. . un aid amount $. .. .. . . .... .. .. . . . .. . . held by . ...... ...... .. .......
a
{ address
8, There are no other encumbrances or liens against the land dmtpf ....5......... ... . .. ...
... . . .. . .. .. .... .... . . ... i, . . ....
i .
9. The land lies in the following zoning use districts -.- .A-1
........ .. .. . . .. .... .......... . . .... .... .. .... . ... .. .. ....
I0. No part of the land lie under water whether tide water, stream, pond watdr dr otherwise, ex-
pond- as. s own on surveX
11. The applicant shall at is expense install all required public improvements.
12. The land (does) (do xst t) lie in a Water District or Water Supply Dist ictl Name of Dis-
trct, if within a Distrtet, is . .. ., Fishers Island Water Works F
i
13. Water mains will be I id by . .. F sIiers , Island,Water- Works I,; i
and (a) (no) chargeviIt be made for installing said mains.
14. Electric lines and stan aids will be installed by ..... .. . ILCO LILCO
.. .. .. .. . ........,...
... ...... ........ .. . . .. ... .... .. .... . and (a) (no) charge will be made fort installing said
lines.
15. Gas mains will be instal}ed b .. .:N JA ... . .. .. .. .. .... .... .. . . .! .. . . . . . . ..... .
and (a) (no) char e will be made for installing said mains.
16. If streets shown on the,plat are claimed by. the applicant to be existing public streets in the
Suffolk County Highw y system, annex Schedule "B hereto, to show ame.
r
r 17. If streets shown on the lat are claimed by the applicant to be existing public streets in the
Town of Southold High vay system, annex Schedule"C" hereto to show s rme.'
II L
18. There are no existing bdildings or structures on the land which are not locaed and shown
on the plat.
19. Where the plat shrewsroposed streets which are extensions of streets ?In Iadjoining sub-
division maps heretofor filed, there are no reserve strips at the end of the streets on said
existing maps at their onjunctions with the proposed streets.
20. In the course of these ptloceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Proper Law.
21. Submit a copy of prop sed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
II
I
22. The applicant estimates hat the cost of grading and required public improvements will be
$. .. .. .. ... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
' Performance Bond beJbi d at ....... ..... .. years. The Performance Bond will be written by
a licensed surety company unless otherwise shown on Schedule "F".
DATE ... une: c:..:.... .. . ...... 19. .87 ..FRANCIS E A
` ( e of Appli' )
l I�
By ... . ......:
(Signature and Title) THOMAS I%, . MCVANN,JR.. ,ESQ
Attorne
I 48F Main Street PO Sox 827
........ ............ ....... .
(Address) Westhampton Beach NY 11978
STATE OF NEW YORK, COU TY OF . ...... SUFFOLK .... ss:
Ij
On the ... . st...._..... . day of. ......June 1 19..87..,before mei personally came
THOMAS T. MCVANN,JR. .,.... . , to me known to be the individual described in and who
.. .. ........ .. . .�
executed the foregoing instrument :and acknowledged that .J.he A... ... executed the same.
t
f
BARBARA I MITCHELL �—
noTARY PuBilc,State of New ,rle
Ito,01Mi4790092,Suffolk CoAty' otary Vublic
Urm.Uptras Jarieary 311 19,
STATE OF NEW YORK, COUN Y OF ..... .. . . .. .. .. .. .. ........ . ss:
On the . .. ... . . . .. . . .. . day . .... ....... of . .. . . .. ..... . .. 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 . . ... . .. ...I..... . ... . .. .. . . .... ...... ...... .... ......
the corporation described in and wlich executed the foregoing instrument; that ... ...i.. . .. . knows
the seat of said corporation; that the seal affixed by order of the board of directors of said corporation.
and that . . . . . .. .. . . . s6 igned ... ...�.... ... name thereto b like order.
Y
Notary Public
FISHERS'16LAN6 WAT R W60KS CORPORATION
FISHERS IS"ND p ® A ry�
NEW YORK 06390 1�.1j
�pe' 9
AREA CODE 51617a94251
Deca ber.9. 1986
'.Hr. Thomas T. Mc ann. Jr.
:Attorney atLav
PO. Box 827
"westhampto¢ Bsac ; New York 11976
-Re; Letter 12/3 86„Adams Property..
This is to vias that crater service is available from this
Company's six inch maria located in the roadway South of Lots 1
and 2, and vesC o Lots and 3.
This is ind ed in red On the.Key Map associated with the
.Lot Plan dazed'9/ /86.:
Sincerely yours.
R hard S. Bake!
President
Foal.
II
., r
i
1+164(9184) -
- PROJECT I.D.NUMBER
EW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONS&VATION
DIVISION OF REGULATORY AFFAIRS
State Envlronmental Quality Review
SH .'RT'ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only a
I
PART I Projaet information(To be rodipleted by Applicant ar Project sponsor) 1987'
7 7.. Applicartgsponsor Y. Pro(eci Name -
FRANCIS FISKE ADAMS ? 'ADAMS SUBDIVISION
I ,
J. Protect location:
Municipality FISHERS ISLAND Co[inty SUFFOLK
3 4.. Is proposed action:
i Q..New ❑ EXP ansloo Mridiftcal'wnlalteratidit
5. Desch`�ea$riefiv,
app4ication to cha Jge the lot lines
A lot, line cliangewas ranted on December 22; 1986 by the Southold
Town Planning Boar and applicant now seeks to change the position
of `the lot line atween lots 41 and #2 on the submitted survey.
116. Precise loeation(road intersections.prom[ enc landmarks,etc or provide mapJ
See map
y
i
7. Amount of land Ne
f - Initially y ` - acres Ultimately. 9 64 acres
0. Wt[iil�l-ll�p�u�rposed action comply with existing Doing or other existing land use restrictions?
fiaxres ❑ No If No,describe:briefly
9. What ispresent land use in vicinity of pros if
014tes[dential ❑ Industrial ❑ Commercial `],�Agrlcultute El Parkland/open space ❑ Other
Describe:
10. Does action involve a permryapproval.or f in now or ultimately,from any other governmental agency(Federal,state or local)?
` ❑ Yes If Yes,list gency(s)and permitlawrovais
11.. Does any aspect of the action have a curre dy valid permit or approval?
Xj�7-Yes ❑ No If Yes,list Allen y name and permit/approval type
Southold Town planning Board - December 22, 1986 lot line change
Already subdivided ( lmstead Map)
12. As result o1 proposedaction will existing pit/Approval reou(re modificationf
In Yes C3No elms
1 CERTIFY THKT i E.INFORMATION PROVIDED ABOVE 15 TRUE TO THE BEST OF MY KNOWLEOCE
Applicands nsor name: Date:. 06/01/V
—
FRAN ISKED S
Signa[ure:
if the action is In the Coastal Area, and you are a state agency, complete the
Coastal Ass ssment Form before proceeding with this assessment
OVER
�x
,
Y
I
7987
Southold Town Planning Board
Town Hall
Southold,,, New York 119 1_
Re: ADAMS SUBDIVISSON
Gentlemen:
The following sta ements are offered for your consideration
in the review of the ab ve-mentioned minor subdivision and its
referral to the Suffolk' County Planning Commission:
(1) No gg,residential other than foundation excavation for a
hg is proposed.
(2) No new roads are p oposed and no changes will be made in
the grades of the xisting roads.
(3) No new drainage st uctures or alteration of existing
structures are pro osed.
CTHM60'�ckkc--VrNV
rulY,
i
11458 ('185 4
jDECLARATION
THIS DJ1Ct,��,ARAT'ION, e this a7 day of October, 1987, by Denis; O'Brien,
residing at 26 Cad = Square, 'London'Southwest IXA7P,' �ngland, hereinafter
t,s referred to as the Declarant,
WHEREAS, the Declatant is the owner of certain real property situate at
}u' Fishers Island T of Southold Suffolk Coun
, � , ty, New Rork, designated<as
as DISTRICT 10 0; S_ ON 3 BIOLTC 3; LOTS 3.002 3.003; ate,
taf0ZAS, the Declarant.has made application to the Southold Tuan Planning
11 DISTRIC> Sward for approval of, a lot line of a lot line change; and,
1 10000
[ BEStF11S, for and, in consideration of the granting of said approval the
SECTION i of Southold has required that the wittun covenants and restrictions
003.0011 be,imposed and as a condition of said approval the Planning Board has re-
q#red that the wi in Declaration 'be recorded in the Suffolk Courty Clerk's
BLOCK Office and shall run with the land.
1 c 03.00
{i NOW, THEREFOR, THI DECLARATION WITNESSETH:
11 LOTS) 'f
00.3.002 & That the Declarant, for the purpose of, carrying out the intentions above
00 .003 ii expressed, does hereby make known, adltit, publish, covenant and agree that
II the said premises shall hereinafter be subject to the following covenant:
i
That lots no. 1 and 2 (subject premises) will be sold as one
trait, even upon completion of dwelling units.
IN WITNESS WHEREOF, the Declarantabove named h e the or inq
Declaration the d7 and year first above a ( j
at
Thomas T. McVann,Jr. & agent and
1((( Attorney in Fact for DENIS O'BRIEN
STATE OF NEW YORK )1
COUNTY Or SUFFOLK ) as.:
j On the a7day of Dctober, 1987, before me personally came THOMAS T. McVANN,
JR. , to me personally known to be the
pe y person described and appointed attorney
�I in fact in and by a certain power of attorney executed by Denis O'Brien,
dated July 9; 1987, and recorded in the Suffolk County Clerk's Office, which
power of attorney is, still in full force andeffect and has,not been revoked;
Ir, and he acknowledged to me that he had executed the foregoing instrument as
the act of the said DENIS O'BRIEN. �V6 �,lyC R pA
Y L'11 NOTARY IC
BARBARA J.MITCHELL
NOTARY PUBLIC,SUte of New Yotk i
No.01M14190097,Sullofk County j
1
Titm Iprirn Imuuy Alt 1"0
ri
I� I
I; l
i
STATE OF NEW YORK
ss.:',
County of Suffolk
1,JULIETTE A. KINSELLA;Clerk of the County of Suffolk and Clerk of the Supreme Court of
the State of New York in and for said County (said Court beinp Court of Record) DO
EREBY CERTIFY that have compared the annexed copy of
I'J
(S/r '3 u, II ? Ci ?:NLf r� ,� 6t> /uy�'�'
and that it is a just and true copy of such original and
of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said
County and Court this 3 d day o/f 19 Y�
x ePj 4 'Clerk.
LA, ER FICHE FORM
Project Type:,Lot Line Changes
i
SCTM # 1000 - 3.-3-3
Project Name: Adams/O'Brien Property
Location:
Hamlet: Fishers Island j
Applicant Name: Francis Adam Friske
Owner Name: Francis Friske Adam
k Zone -1: a Zone 2: Zone 3:
oiyliea tion Received Date:
ApprpvaI Date: . ?-tet 1"-4-
Cou*. ,`l=ili6g Date:
ADDITIONAL SUBDIVISION INFORMATION
A date indicates that we have received the related information
Cand R's : L6Y�3
Homeowners As ciation :
R and M Agreement:
i
1
FISHERS
FOR APPROVAL OF CONSTRUMN OF
/BLAND - Siapk fmNiy Nesidiau ON1nF p
SOUND DOE 'Ly i7S Rif.An
c �� APP77DYED
EXPIRES TA D Y{ARS F60L i APPROVAL
U"APOOyu[rgac Aar �'� / / /,� ..��r •—, / �/ _ �.` \ �•�� / s
LrK-
LOT /NE ♦ \ - '.
NOTES•
. _ e �„ •' �� \—__-. � / — ' /..' � .. \\ _ IaAsanar /rriN7 rwwW�
/ Idewb/rOaeawa raways
pcpcmfrotr aMw LOT / �� raa.+wa/gar+eAwa aUieAbw
rrrr sr r `• _ _ / / M BupG'VwM wWIi Mmp"m I Awnlaw
txmm~rrlar aw
t10(N[W YO SNMI Lar//ria
r�•-a r.., - o'r qj AYArnw•NR La
AGlAL/LF LT OWRM
�'f x(7.775 Appeojkt.. 7S I it°.�,-1 !OS 3Ftl'�9A16
For? C7t, 7 )L r p3 S,T[. OEVfILWILNT
R
L-451 N- ,V c t' 0
\
� C,141
3 a ' 1 ssioxP Q'QR/EN RES/DENCE
� co:TA K / F/SNERs I
I AM PAY/L/AR NYTN TA(SMACAWS RW APPROVAL
SN e- a AAD CQYSTALCrAW OF 5L&S&WA7�WWA6l DZA AL
57'SrEY5 FOR SINGLE FAMILY RES/PEACESAAD WU rrwsaar
AR/OE/Y TW CONATIONS SET FOR rAVWA'AAD LW
THE PERMIT ST AWA'TAWS' A090YLIIAST