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1000-4.-5-5.9
VS MATTHEWS & HAM 7- ATTORNEYS AND COUNSELIDRS AT LAW M (, r l� 45 HAMPTON ROAD SOUTHAMPTON,N.Y.11966 - JM 2 41991 516-283-2400 PHILIP B.MATTHEWS TELECOPIER 516-287-1076 STEPHEN L.HAN,III J January 23 , 1991 MEMORANDUM TO: Messrs. Harvey A. Arnoff, Town Attorney Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr. , Chairman, Planning Board FROM: Stephen L. Ham, III RE: Lot 3 Chocomount, Map of Fishers Island Development Corporation (SCTM # 1000 - 4 - 5 - 5.9) In October I submitted an application for a minor subdivision of the referenced premises (survey attached) on behalf of Isabel Leib and Theodore Danforth. It was returned to me recently under cover of a letter from Mr. Orlowski (copy attached) . I was advised to apply to the Zoning Board of Appeals for an interpretation as to whether my clients owned one lot or two. As you are all aware, the notation 112 lots" appears on the FIDCO Map depiction of the subject property (excerpt attached) . Last March, I spoke with Ken Edwards of the Planning Board who advised me that, notwithstanding the upzoning to a 120, 000 square feet minimum in this area, I could apply directly to the Planning Board for subdivision approval even though each 1 of the two lots to be created would be only 106, 284 square feet in area. It was his understanding, and apparently the understanding of at least some other Town officials, that the status of this property as two homesites was not affected by the zoning change since it was shown as such on a map approved by the Health Department and Planning Board. After I applied for a minor subdivision in October (having unsuccessfully argued that the proper application would be for a setoff) , the Planning Board, contrary to the advice I received in March, advised me by letter of November 13 (copy attached) that it could not proceed with its review because the subdivision would result in the creation of two undersized lots. The application was not finally returned until January because, when I protested this decision to the Planning Board staff, it sought the opinion of the Town Attorney. To the extent that Mr. Orlowski 's letter of January 11 represents the views of the Town Attorney, the Town Attorney apparently believes an interpretation should be sought from the Zoning Board. Last week I discussed the application with Linda Kowalski of the Zoning Board staff. I believe Ms. Kowalski also consulted with Mr. Goehringer. The Zoning Board has taken the position that it will not render an interpretation. However, it would entertain an application for a variance provided I submitted the necessary Notice of Disapproval from the Building Inspector and otherwise complied with the requirements for giving the Zoning Board jurisdiction to hear an appeal. 2 Ihnn ^ I,, On January 18, I met with Mr. Lessard who gave me a brief history of the FIDCO Map and discussed the status of this property with me. Mr. Lessard is of the opinion that I do not need any variances to create two lots on this parcel since the Planning Board and the Health Department have already approved it as 112 lots". He said my clients have two lots and, when the time comes, they can put their line down. I do not know whether he meant that Planning Board action would not even be necessary but he certainly meant that variances would not be required since he told me he would not issue a Notice of Disapproval. The purpose of this Memorandum is generally to let your offices know that the Town is not speaking with a unified voice on the issues involved in this application. These issues concern some fundamental questions about land use that certainly apply to other lots on the FIDCO Map and may apply to lots on filed maps covering other areas of the Town. Specifically, I would like to know if you can agree on a single answer to the following questions: 1. Other than the fact that they must be described by metes and bounds, does the Town consider lots shown on the FIDCO Map as being any different from lots shown on major subdivision maps? 2. Does the Town take the position that a merger occurs when two formerly conforming lots, that adjoin one another and are held in common ownership, are rendered nonconforming by a rezoning to a greater minimum area requirement? Does it make 3 M1 _ - any difference whether the two lots are in an approved major subdivision? 3 . Must the owners of the subject property take an appeal to the Zoning Board or will it in fact render an interpretation as to whether they have one or two lots? 4 . Is Planning Board action even required or may the owners simply draw their own division line? 5. If Planning Board action is required, should the application not be for a setoff rather than a minor subdivision? (Please compare the van Hengel and Emmet-West applications from the mid-1980 's which related to properties on the FIDCO Map and were treated as setoffs. ) If the merger doctrine applies to the FIDCO Map, then that Map no longer accurately depicts the remaining building lots on the East End of Fishers Island. That is clear from the instant application. Another example involves other clients of this office who have entered into a contract with FIDCO to exchange two lots they own near the golf course for Lots 13 and 14 in Block 44 (survey attached) . In a conference with Mr. Lessard and Mr. Edwards in October, I was advised that a separate building permit could be issued for each of the lots my clients will acquire (44-13 and 44-14) . However, if the merger doctrine applies to the FIDCO Map, it could be argued that these lots have merged since the total area of both, approximately 223, 000 square feet, is insufficient to support two lots in the R-120 Zone District. Moreover, since other lots owned by FIDCO, 4 44-7, 44-8 and 44-12 (shown on the attached excerpt) adjoin Lots 44-13 and 44-14 , further questions are raised: must FIDCO apply for setoff or subdivision approval in order to convey two lots where it owns adjoining property and must it obtain a variance to convey a lot (44-14) that is only about 95,000 square feet in area? I understand that the issues I raise may not be the most important on your respective agendas. However, my clients have waited two months while their application sat in a file pending a determination by the Town Attorney that has raised more questions than it has answered. I would therefore very much appreciate it if, at your earliest convenience, you would consider these questions and provide me with a response on which you all can agree. If you decide to plan a meeting, I would also appreciate being allowed to attend to present my views in greater detail. Scb4-- S.L.H. , III 5 \��\b'� 6 ��,a��,,..e>'" /.✓° .o ,ecu noe S % n •'.tcb.lE�.J27.r. n v„ S \ 2.Vd!lce e` \ 100. 41y1 \\ Stile �\\\ <•,y \\\\\\\\ \ �\ � ---- Loi 3 C9 coPwkvo � \ ,s ( SGTM 1400 - '{ -5— S•�� I I I o�S�EFOLK��G` PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Vv Supervisor George Ritchie Latham, Jr. �� Richard G. Ward �01 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (51 6) 765-1823 January 11, 1991 Stephen L. Ham, III Matthews and Ham 45 Hampton Road Southampton, NY 11968 RE: Minor Subdivision application of John H. Leib and Theodore N. Danforth SCTM# 1000-4-5-5 . 9 Dear Mr. Ham: The Planning Board has received your client' s application for the above mentioned Minor Subdivision on Fishers Island. We find that we cannot proceed with your application for lack of information about the status of the lot( s) in question. It is recommended that you apply to the Zoning Board of Appeals for an interpretation as to whether your clients own one lot or two at this time. Your application and check for $2, 000. 00 are enclosed. If there are further questions, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Gerard P. Goehringer, Chairman, Board of Appeals Victor Lessard, Principal Building Inspector Harvey A. Arnoff, Town Attorney 18-5A a portion 18-4A DoT 3 i pQ 18-6 • -d8-5B 8y LOT Z �1 19 - Ic \ r LOT 1 _ 18-5C � � 1 r�-Io �4, � • 1, 17-5 17-4C 17-4D--, • \ 17-4B 17-40 - 17-6 \ 18-2 17_4Fi �� • 1 4� o 17-3 17-2 �I�_I \ • I 1 1\ 18-IB 17- 4� • 17-4E 'Lot 1 ` i 19-IA • �15�� Lott 13-3A 17-4F — Chowq mt 16-4 16-3 \ _ 13-3B ✓ I 1 i ., 16-14 1 �. Lot 3 16-2 13- 1 I i Chocomount / 16-5 13-30 (o\ ! I I I 2lo • FISgERS 4 • / 13-3C 4 I ; ISLA'I�D 16-6 • 1 I I I WATER \ 16 � 15- 10 I I WORK ! I 12 16-12• 6- 13 -4 16-10 \ Boccock 15-9 16-13 / � 16-11 \ • 16-9 16-8 800cock 15 -8, \�� f / Geula i portion 15-11 • portion w t — � e subdivision o �S�FFOLkcOGy1 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman VO Supervisor IF George Ritchie Latham, Jr. Richard G. Ward �QI l� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Stephen L. Ham, III November 13 , 1990 Attorneys and Counsellors at Law 45 Hampton Road Southampton, NY 11968 RE: Minor Subdivision of Mrs. John H. Leib and Mr. Theodore N. Danforth SCTM# 1000-4-5-5. 9 Dear Mr. Hamm: The Planning Board has received your client' s application for the above mentioned Minor Subdivision. The Board cannot proceed with its review because the potential subdivision will result in two under sized lots in the R-200 (three acre) zone. Please contact this office to discuss your plans for this application. Very truly yours, Bennett Orlowski, Jr. Chairman (n W S�• Q F ♦ 00� S SO4`➢l (` aya 4(♦ � o)oJe, �� a � yah A/7 l4 0 ,� 3 QvgO2 10• OO O 23.w y • . � Andrews cOr/ subdivisvn � /982 LOT 2 44-1a2 � I — �� 44 -3 I 40-II Q 44- 50 0 44-6 44-4 40-12 44- 15 44-7 I40-16 +r 44-17_ - 40- 13 t; 1 4-13 44-18 ' / 404 O 9/ 4 4-10 42 � 49-II� �yr9< 44 25 44-21 • ' qL� 44-24 ,�_ 3 \-22 43-8� : 43-9 41- 12 43-7/ \ 41- 1141 41-10 41 43-6 • - - _- 43-4 • o-s- 6 portion /0 43-3 43 -2 • APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentafive) (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: authorized agent of the 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 beMinor. .. .. ..,Subd.ivision of Mrs . John . . . . . . .. .. . . .. . . .. .. .. . .... .. . . .. . . . . H. Leib and Mr . Theodore N. Danforth' .. . ...... .... .. ........ .. .. ......... . . ......... .. . . ...... . . . . .. .. . . .. .. .. .. ............. . . . . .. . . 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 . ... 9071 page 53§ . On September 18 1981 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 ... .4,:8B. . . .. .. . acres. 6. All taxes which are liens on the land at the date hereof have been paid .m%agKx. .. .. . . . . . . . . . . .. . . .. .. . . .. .. . . . . . . .. .. .. .. ... . . . . .... . . . .. . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . .. . .. . . .. . . . . . . . 7. The land is encumbered by . .. ..no . . . . .. .. . . . . .. . . .. . . . . . . . . . . . . .. .. . . .. . . . mortgage (s).XXfr0bXWX: .. . . . . . . . . . . . . (a) Mortgage recorded in Liber . .. .. . . . . . . . . . Page . . . . . . . . . . . . . . . .. . in original amount of $. . . . . . . . . . . .. . unpaid amount $ . . . . . . . . . . . :. . . . . . . . . held by . . . . . .. . . ... . . . . . . .. .. . . . . . address . .. .. . . . . .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . (b) i\Iort,ga„c recorded in Liber . . . . . . . . . Page . . . . . . . . . .. .. . . . .. . . .. . in original amount of . . . .. . . . . . . . . . unpaid amount $. .. . . . . . . . . . . . . . . . . . . . held b . . . . . . . .. .. . . . address . . . . . ... . .. . . . .. . . . . . . . . . . . . . .. .. . . .. . . .. . . .. . . . .. . ...... . . . . . . 4 (c) Mortgage recorded in Liber . .. .. .. . . . . . . . Page . . . .. . . .. . . .. . . . in original amount Of . .... . . .. . ... . unpaid amount $. .. . . . . . ... . . . .. . . . . . . . held by . .. .. .... .. ........ . .. ......... . . ...... . . . . . address . .. .. .. . . .. . . . . .. . . . . . . .. . . . . .. . . .. .. . . . ... . . . . . .. . . . . . . . S. There are no other encumbrances or liens against the land.111ft it . .. .. .. .... .. .. .. . . .. . .. .. .. . . .. . . .. . . .. . . . ... . . . . . . . . . . .. .. .. .... .... .. .... ........ . ..... .. . 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, wx xaex . .. .. .. .. .. .... .. .. .. . . . . .... .. . . ... . . .. 11. The applicant shall at his expense install all required public improvements. 12. The land (does) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . .Fishers Island Water Works .. . . . . .. . . . . . . . . . . . . . . . . . . .. .. . . . .. . . . . .. .. . . . .. . 13. Water mains will be laid by . , existing and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. . . . .exis.ting. .. .. . . .. . . .. . . .. .. . . .. "" • . . • • • • • •• • • • • • . . • . .. . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . . .IVA .forininstalling . . . . . .. . . .. . . . . . . . . .. . . . . . .. . ... .. .. . . . . 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 streets in the Suffolk Comity Ili.-hway system, annex Schedule "L"' hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Iliglnvav system, annex Schedule "C" hereto to show same. 13. There are no existinl- buildings or structures on the land which ;u 'lot ot located and shown Oil the plat. 19. Where the plat shuns proposed streets- which are extensions of streets on adjoiIli n sub- division maps heretofore filed, there are nn reserve strips at the end of the streets on said rxistinl" maps at their conjunctions with the proposed streets. 20. In the course of these proccedin!Is, the apPlicaut will offer proof of title as required by Sec. .335 of the Kcal Prnperty Law. 21. Submit a cnpv of proposed (Iced for lots showi:ig all restrictions, covenants, etc. Annex Schedule "D". t 22. The applicant estimates that the cost of grading and required public improvements will be $... .P. .. . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .. . .NIA... . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". Mrs . John H. Leib and DATE ...Oc,tpbv-r • 24.. .. .... .. .. .. 19.90 Mr: Theo.do.re. .N....Danfo. . th . . . . . . . . . ...r...... ......... . (Name of Applicant) (Signature and Title) Stephen L. Ham, III , authorized agent 45 Hampton Road , Southampton NY 1196: . .. .. .. . . .. .. .. .. .. .. . . .................... . (Address) STATE OF NEW YORK, COUNTY OF . .. .. . . . . SUFFOLK. , .. .. , ,, ., ss: On the 24th October 90 day of. .. .. .. . . . . .. . . . . . . . . . . . .. . . .. 19. .. . . ., before me personally came FIam,,,II,I_. •. .. ... ... . . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .. . 11?. . .. , executed the same. E JANE ALIEN . . . Q• �"��•��`✓• • •}IATAflY-0U8t1Cr:'.2rE.d HEI.Yi:rk Notary6 blic No.52-491G,335 QualifiW in 2Aflc.k Ccurty Cmmmission BI-m3 Jec:.ncer STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . .. .. .. .. .. . ss: Oil 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 . . . .. . . . . .. .. . . . . . . . . . . . . .. . . . . . . . . . . . . .. .. . . . . .. .. . . .. .. . .. . . . . . . . . . . . . . . the corporation described in and which executed the foregoing instrunent; that . .. . . . . . . . . . knows the seal of said corporation; that the seal affixed by order of the board of director: of said corporation. . . . . . . . . . . . . signed . . . . . . . . . . . . . . name thereto by like order. . . . . . . . . . . . . . . . .. .. .. . . . . .... . .. . . . . . . . . ... Notary Public 14.164(2/871—Text 12 • PROJECT I.D. NUMBER 617.21 SE Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR Mrs. John H. Leib and Mr. Theodore N. Danforth 3. 2. PROJECT NAME Mrs. John H. Leib PROJECT LOCATION: Minor Subdivision of and Mr. Theodore N. Danforth Municipality Fishers Island, Town of Southold county Suffolk 0. PRECISE LOCATION(Street atltlress antl roatl intersections,prominent landmarks, etc.,or provitla map) private road off East End Road, Fishers Island, Town of Southold SCTM # 1000 - 4 - 5 - 5.9 5. IS PROPOSED ACTION: ®New ❑Expanslon E3Modification/alteration 8. DESCRIBE PROJECT BRIEFLY: subdivision of property consisting of 4.88± acres into two lots, each 2.44± acres ffPRESENT F LAND AFFECTED: 4.88+ - acres Ultimately 4.88± acres OSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑No If No,describe briefly gh lots are in R-120 Zone District where minimum acreage is 120,000 square feet, ty is recognized on FIDCO Map approved by Town as two building sites RESENT LAND USE IN VICINITY OF PROJECT? M Residential ❑Industrial Commercial❑ cia Describe: ❑Agriculture ❑Park/Forest/Open space ❑Other single-family residential 10. DOES ACTIO:INVOL E A PERMIT APPHUVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR L ®Yeso If yes, list agency(s)and permit/approvals Suffolk epartment of Health Services 11. DOES ANY ASPECT OF THE ACTON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No It yeu,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcanl/sponsor name: Mrs. John H. Leib and Mr. Theodore N. Danforth Dale: October 24. 1990 � -- Signature: L, � Stephen L Ham III authorized agent ( If the action is in the Coastal Area, and you are a state agency, Complete the Coastal Assessment For before proceeding with this assessment OVER 1 Tl� 1C - if l 1% • FORM NO.4 • `� TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . 21.2357. . . . . .. . . Date . . , , March 14 , 1984 . . . . . . . . . . 19 . . . THIS CERTIFIES that the building . . . . .One. fami/.y. .dwelling. . . . . . . . . . . . . . .. . . . . . Location o: Property East. End. Road,, Chm ocoount, ,Hill, , , , , , , , , , , , , ,l;isher5. .lsland House No. Street Hamlet County Tax Map No. 1000 Section . A . . . . . . . . .Block . . .5 . . . . . . . . . . .Lot . .. .5.9. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated Kay , 21, , . , , . . . , 19 8?. pursuant to which Building Permit No. ,115002 da[edMay. 21 , _ 19 82. , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . construct one family dwelling amended to include deck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . Isabel Du Bois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner ,lessee or tenant/ of the aforesaid building. Suffolk County Department of FIealth Approval . . .11-50,-119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . , 623930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector � PNG NNyLA�VNI1 BbARD TO(VV�R;1V 0 SOU ;HOLD SL' FOLK:E?O,l; TY Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer- to any of the following questions is yes , please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes No 4 . Are there any other applications pending concerning this property before any other department or agency? (Town , State, County, etc. ) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6 . Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if yes please submit .a copy of same Yes No I certify that the above statements are true and will be relied on by the Planning Board in considering this application. �L �'Z- Stephen L Ham, III , October 24 , 1990 Signaturb of property owner or authorized agent date authorized agent Attachment to questionnaire for: the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss : On the a y A day of October 1990, before me personally came_ Sranhen i Ham III to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. E.JAME ALLEN Q ����� KTA..IfY PUBLIC,a'afe of New York Notary,/ Public Qualified in SodWk County i�x-�miss�nit ExNres Decomher 28, 19%9 f Isabel B. Leib Theodore N. Danforth, Jr. Wolver Hollow Road 14 Horatio Street, # 7E Oyster Bay, NY 11771 New York, NY 10014 0(140(212�0 Zh�Ald$t 1990 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Minor Subdivision of Premises at Fishers Island (SCTM # 1000 - 4 - 5 - 5.9) Dear Sirs: Please be advised that Stephen L. Ham, III of Matthews & Ham, 45 Hampton Road, Southampton, New York, is authorized to act as our agent concerning all matters relating to the referenced minor subdivision of "Lot 3 Chocomount" on the Map of Fishers Island Development Corporation, including the execution by him of all documents and the taking by him of all other required actions on our behalf in connection with our application for such minor subdivision approval. Very truly yours, Isabel B. Leib Theodore N. Danforth, r. October 24 , 1990 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Minor Subdivision of Mrs . John H. Leib and Mr . Theodore N. Danforth ; Gentlemen: SCTM # 1000-4-5-5 . 9 The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, `-'hed`.�..' L ' , TrL Stephen '_L_. Ham, III , authorized agent of Mrs . John H. Leib and Mr . Theodore N. Danforth 0 • TO: Matthew Kiernan, Assistant Town Attorney FROM: Bennett Orlowski, Jr. , Chairman Date: December 28, 1990 RE: Mrs. John H. Leib and Mr. Theodore N. Danforth SCTM# 1000-4-5-5. 9 In its memo of December 10 , 1990, (copy attached) , the Planning Board requested your review of the above referenced matter. The Board would appreciate a reply as soon as possible, as the Board is holding the applicants check pending your response. MATTHEWS & HAM �J ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON,N.Y.11968 516-283-2400 PHILIP H.MATTHEWS TELECOPIER 516-287-1076 STEPHEN L.HAM,III November 5, 1990 Planning Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Minor Subdivision of Isabel Leib and Theodore N. Danforth, Jr. (SCTM # 1000 - 4 - 5 - 5. 9) Dear Sirs: Enclosed is an original executed letter of authorization from the owners of the premises subject of the referenced minor subdivision application which I submitted under cover of a letter dated October 24, 1990. If you require any further information or documentation before the application can be reviewed, please let me know immediately. Very truly yours, '�4 Stephen L. Ham, III SLH:ja Enclosure Isabel B. Leib Theodore N. Danforth, Jr. Wolver Hollow Road 14 Horatio Street, # 7E Oyster Bay, NY 11771 New York, NY 10014 Udo ;C1� 1990 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Minor Subdivision of Premises at Fishers Island (SCTM # 1000 - 4 - 5 - 5.9) Dear Sirs: Please be advised that Stephen L. Ham, III of Matthews & Ham, 45 Hampton Road, Southampton, New York, is authorized to act as our agent concerning all matters relating to the referenced minor subdivision of "Lot 3 Chocomount" on the Map of Fishers Island Development Corporation, including the execution by him of all documents and the taking by him of all other required actions on our behalf in connection with our application for such minor subdivision approval. Very truly yours, ssc-Lx0 E3 . 1,, Isabel B. Leib Theodore N. Danforth, r. MW - t MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAw 45 HAMFfON ROAD SOUTHAMPTON,N.Y. 11968 516.283-2400 PHILIP B.MATTHEWS TELECOPIER 516287-1076 STEPHEN L.BAN,III October 24, 1990 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Minor Subdivision of Mrs. John H. Leib and Mr. Theodore N. Danforth (SCTM # 1000-4-5-5.9) Dear Sirs: In connection with the referenced application for a minor subdivision, I have enclosed the following: 1. Copy of deed recorded in Liber 9071 page 536. One of the grantees named in the deed, Isabel Bryan DuBois, is now known as Mrs. John H. Leib or Isabel Leib. 2 . Form letter regarding drainage, roads, etc. 3 . Short Environmental Assessment Form, Part I. 4 . Application for Approval of Plat. 5. Copy of Certificate of Occupancy covering the existing structure on the subject premises. 6. Our check to the Town of Southold in the amount of $2, 000. 00. 7. Questionnaire, duly acknowledged. 8. Twelve prints of the Minor Subdivision Plan showing the proposed lots. Continued r • i Planning Board October 24, 1990 Town of Southold Page 2 Please be advised that I have been authorized to make this application on behalf of the owners through their New York attorneys. I expect to receive a formal letter of authorization in about one week and I will forward it to you promptly after receipt. Please review the enclosed documents and notify me immediately if any further information or documentation will be required before this matter can be placed on the calendar. Very truly yours, Stephen L. Ham, III SLH:ja Enclosures /SLANp NC/ SOUND � �1 SOUND 1 B ISLAND 3 FISHER a sr ,a I 9A � ,..., Q . - ii ... .. ,..�n - ,>.,n b.,..,.,�...,, ..,..... a' c fi ... 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"Ipin a AN ..0 .1f JY..', �r 6•�`n _ T W 4•, 4 W T LIBERIGAdE.536 • • 05395 THIS INDENTURE, made the /3`k day of Ci.c``(( ci �, nineteen hundred and eighty one between FISHERS ISLAND DEVELOPfgNI' CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co. , 1251 Avenue of the Americas, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and ISABEL BRYAN DUBOIS of Wolver Hollow Road, Oyster Bay, New York 11771 and THEODORE NELSON DANFORTH, JR. of One Fifth Avenue, New York, New York 10003 as joint tenants with right of survivorship, hereinafter called the grantee party of the second part: WITNESSETH, that the party of the first part, in consideration of Seventy Three Thousand Five Hundred Dollars ($73,500.00) lawful money of the United States paid by the party of the second part, does hereby grant and release unto the party of the second part and unto the survivor of then and unto such survivors heirs and assigns forever, ALL that lot or parcel of land, with the buildings and improve- ments thereon, in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (which portion is herainafto called the "Park") lying to the east of Peninsula Road, said lot or parcel of land being bounded and described as follows: Beginning at an iron pipe at the-Westerly end of a road, said iron pipe being 110.ll feet North of a point which is 177.41 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "CHOCOMOUNT 2" and thence running South 720 52' 09" West 237.45 feet to an iron 4 1"� pipe; thence South 890 36' 20" West 165.62 feet to an iron pipe; thence South 240 56' 10" West 189.27 feet to an iron V. pipe; thence South 540 38' 30" East 645.14 feet to an iron V Q Pipe; thence North 00 47' 20" West 49.75 feet to an iron Q pipe; thence North 21° 57' 50" East 120.25 feet to an iron F pipe; thence due North 444.14 feet to a point on the South- easterly line of said road, said point being at a point of curve to the right having a radius of 50.00 feet and the O direction of whose radius at that point is North 740 29' 32" West; thence running Southwestwar ll.y and Northwestwardly, following the arc of said curve 140.82 feet to the point of beginning.. O Containing 4.88 acres more or less. TT 0 J together with the appurtenances, and all the estate and rights of the Party of the first part in and to said premises; SUBJECT to any state of facts an accurate survey may show; and o SUBJECT to covenants, restrictions, easements, rights, grants, W and declarations of record, if any, and easements for use of public 13 utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; Q RESERVING to the grantor herein from the grant of the land and premises hereby conveyed easements and rights of way within a strip of o Q land approximately five feet wide for the erection thereon of poles to \1 support wires for the transmission of electricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe lines or conduits under the surface of said reser-vation for any lawful purpose whatsoever, but the grantor shall have the right to release the premises above described from these particular ©5395 easement and rights of way; REIV� $...- REAL ESTATE _. SEP is im Th,ynSFER TAX SUFFOLK COUNTY • LIBE�3U7J_P�Gf537 � � ' • PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the purpose of constructing or repairing any such pole line, pipe line or conduit, it shall become the duty of the grantor, its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to substantially the same con- dition as shall have existed before the time of such disturbance. The grantor hereby grants and conveys to the party of the second part, their heirs and assigns, an easement for ingress to and egress frau the premises above described over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the location, route or grade of said mads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the par of the second part, and unto the survivor of them and unto such survivor's 's heirs and assigns forever. PROVIDED, HdWEVER, that this conveyance is made subject to the ( which are hereby entered into by the pan' Y Second part by the acceptance hereof, their heirs and assigns, as a part of the consideration therefor: That the aforesaid premises shall be occupied and used by the grantees, their heirs and assigns, for rivets residential purposes only, and not otherwise, and there MIN . together =Mc n PP ID that more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such hamesites, which are hereinbefore -' respectively designated as Homesites Nos. 1 and 2. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, their heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That frau and after the date hereof, the grantee, their heirs, or assigns, by the acceptance of this deed, covenant and agree to pay to the grantor, its successors or assigns, an annual maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority of the acreage in the "Park," shall not exceed in any one year $25.00 per acre of the premises hereby conveyed, such charge to be applied to the maintenance and repair of roads, sidewalks, sewers, and gutters, and to the collection and UBEFc7U7�PAGE 53 disposal of garbage and other refuse, PROVIDED, HOWEVER, that the gran- tor, its successors or assigns, shall not be obligated to maintain or repair roads, sidewalks, sewers (except main trunk line sewers) and gutters on the premises herein conveyed; PROVIDED, FURMER, that in no event shall the grantor be liable for any performance hereunder in excess of the amount collected by it pursuant to this paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters, or to the use cr control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to gime be found expedient; and that the rights of the party of the second part in and to the pre- mises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters. at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part; and the party of the first part hereby reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenant and agree to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantees' own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer, if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property line of said premises. The grantee-further covenant and agree at all times to maintain such septic tank, facilities and/or lateral sewer connection i,?n good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be. approved in writing by the grantor. The grantee hereby covenant and agree that they will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams contiguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. Allthe covenants and agreements herein expressed shall be binding upon the grantee, their heirs and assigns, and shall be held to run with and bind the land and premises hereby conveyed and all sub- sequent owners and occupants thereof, until April 15th, 1985, and thereafter fram term to term of twenty years upon the consent of the owners of a majority in acreage of all land within the "Park". All rights and easements of access, implied or expressed, to the property herein conveyed shall be limited by and subject to such miles, rejn atioiis and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns. The rights reserved herein to the grantor, or to the grantor's successors or assigns, and the consent or approval fo the grantor, its sucessors or assigns herein referred to, shall enure to, mean or require only the right or act of the said Fishers island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporation holding only as grantee of land from said corporation. LJU*A071P!Gt:539 - PROVIDED HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the tine being of the land hereby conveyed, and the owners of a majority in acreage of all the Property within the "Park." The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grantor subject to the covenants arra agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park." PROVIDID, HOWEVER, that nothing in this deed contained shall limit. the right of the grantor, its successors or assigns, to set apart such part of its lands,. situated within the aforesaid "Park," as it or they may dean suitable for golf courses, club houses, bathing beaches or other attractions, and necessary buildings appurtenant thereto, and also the right to set apart' in the "Park" other premises deemed suitable for the convenience of the residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any rights or interests in said. lands. No appurtenant or other interest in real property of the grantor notexpressly set forth in this intrument are hereby conveyed or trans- ferred to the. grantees herein, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal ad- vantages not herein expressed, run with or are attached to the land conveyed. The grantor covenants that the conveyance made hereunder is made in the ordinary course of the grantor's business. IN WITNESS WHEREOF, the party of the first, part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION Secretary Presiden (Corporate Seal] qr LIWO071P.4440� STATE OF NEW YORK ) ss. . COUNTY OF NEW YORK ) On the /.3aday of t47c9u5z 1981, before me personally came JANSEN NOYES, JR. to me known, who, being by me duly sworn, did dipose and say that he resides at No. 299 Hollow Tree Ridge load, Darien, Connecticut; that he is the President of Fishers Island Development Corporation, the corporation described in and which executedthe foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the: board of directors of said corporation, and that he signed his name thereto by like order. �by wV4�6et� ry Public SUSAN P. My commission expires; 'd1301?3 Notary No- 2 - 1FT4737 New York Oua)if ed in mug,county commission Expires March 30. 19,� LASER_- FICHE_FORM Project Type: Minor SCTM # 1000 - 4.-5-5.9 Project Name: L' �,4n7 Fo Location: East End Road, Chocomount Hill Fishers Island Hamlet: Fishers Island l Applicant Name:, rs. John Leib �u X15 �"� k5��� Owner Name: Seib S.,-� 4, Zone 1 : R-120 Zone 2: Zone 3: j Applicaition Received Date: Approval Date: Y\CC1�I '�c�.2 Ylu� County Filing Date: ADDITIONAL SUBDIVISION INFORMATION A date indicates that we have received the related information Cand R's : Homeowners Association : R and M Agreement: 6--L24" DIA COVER n_z r. . Ila'3 0 0 0 0 0 (4) 8" DIA KNOCKOUTS ,-4L ' I,a-N Ie-z I 0 0 0 0 0 "-aa n-Nr w-5 e m-v w-6 4" e 8'-0" CIA t- 1 LL.-19 1 r 14-i5 PRY WELL I, N 5 CROSS SECTION _ �a M�P" a as m I¢�N PIPE NOT TO SCALE BU.IJ,d Ecru �S / w u "s O � sl 9 LOT 5. 11 � wt.r� Heohouµ PrsI L>Ei � \ Al / �" �/ e•-6" .. KNOCKOUT INLET ANO .� 'k ` ly gOULET OPENINGSOP" / �- a \ u X315 �° \ \ o u 8 N �a p`pC S ,i 5L— \ w lax ea \ Y a• RIBS 1NSIOE� Y>LOCY �p \— S B\ ',.f. 20" W I IL•=6Z /Z -\\ + Gam :00 O (AO ell' y° Zoo \ \\ \ \\ O cnsT CC-TIou V-j, R CONCRETE COVERS � o 01 .z \ / \ \ 7\ �I P�c�d I h / LOCKING CASTING 'I I k •� \ 1 / v O 3 J TO GRADE FINISHED GRADE > ` \ I 1 I I • 4 \ I / P j 4Hx 4E126/126 GA WIRE MESH NOTES: 12" 6 x 6 6/6 GA. WIRE MESH h V �� �� /� "•' 1. COORDINATE DISTANCES ARE MEASURED rH01A U.S. COAST AND GEODETIC SURVEY TkIArJGULATION INLET a• vENT-/teOUTLET STATION "CHOCOMOUNT 2° uoUID LEVEL \ \ o� \ \, \ \ \ \ •� I J \ p CONTINUOUS HOT ' BAFFLE�T ' 2. SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF ASPHALT SEAL LINED •MT1 [ `7 SUFFOLK, TAX MAP 1000, SECTION 004, BLOCK 5, I dL SZ.El ` \ / �. I SCHEDULE d10 t/B' PVC T INLET BAFFLE 5a'ce5 '< LOT 5.9 DOnELTOfl SITE IS � � \ \ \ \, t � � +• I .-r 6'_e'--� _-. � � 3 AND ON TSITEESEWAGSERVICED DISPOSAL MUNICIPAL WATER a COMPLIANCE WITH THE STANDARDS AND \ \ \ \ o \ 8 CROSS SECTION REQUIREMENTS OF HEALTH SUFFOLK COUNTY DEPARTM N 1000 GALLON 4. SITE IS IN R-120 ZONE \ \ \ \ \\ \ \\ \\ O \ 2 COMPARTMENT Mrs i Theodore NeDanforth \ \ss \ \ \ \ \ \ \ T SEPTIC TANK 5. OWNER: Wolver NOT TO SCALE /SSHollow d Qb.\\� \\\ \ \\ \\ \ �\\ /`� Oyster Bay, NY 11771\\\ \\ \\ 6. BASE FOR LEVELS: NGVD 1929 (APPROXIMATE) 7--------36-------EXISTING CONTOURS \\<�•4� ,(//� `a \\\\ \\ \ \ \ \� \ ---/ 5 — — — TEST HOLE DATA OCT5 1' 1 a N �9 N,uoe. sue,o,v,a,oT� Pt�rJ §L a vT J Or I am familiar with the standards for oppro.'ai and construction of subsurface sewage dispc- ',al f'{Q.�J. 2NOW" �A. LE!:1r5 \ \ \ \eo \ systems for single family residence ane will V AV ,s abide by the conditions forth therein ar,1 the permit to construct . } �� 11. Dd "F012TP on \� •(E OF NEjq C2\ DH.3T 8•p LOT '.S Gl-1 OCD F.tpUF3T ee APPLICANT O�eP 9OO DISI- 2.5 ISLL1-4O IACUJ 140e-L- %% � zs o so 1 hereby certify that this map was made from •r• r - sO• actual surveys completed April 30, 1990 and n"7,,, a 6n ya'� AO �'�'� monuments are set as shown. I m "A declaration of covenants and restrictions GI-ILI-1t��.az-, P.LL>-SER e-tuc- affecting the lots in this Subdivision has been �/ L.lo�Wlcµ, GoT-1µ EG.TI[J,JT filed in the office of the Suffolk County Clerk in Liber Page