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1000-8.-1-6.3
MIDDLE FARMS POND 22-4. ?o~d Pond \ I.' 37?04 APPROVED BY PLANND~G BOARD TOWN OF SO;JTHOLD ~T~ APR 18 1989., Fl. IT.,b, M. CU SH[~AN,TF. USTEE F~SHEP~5 IDLAND, NEW YOP~ Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Stephen Ham 45 Hampton Road Southold Hampton, NY 11968 Dear Mr. Ham: April 18, 1989 Re: Rita Cushman SCTM ~1000-8-1-6.3 & 6.4 The following action was taken by the Southotd Town Planning Board on Monday, April 17, 1989. RESOLVED that whereas, a formal application for the approval of a lot line change entitled Rita Cushman located at Fishers Island was submitted to the Planning Board on December 7, 1988 and, WHEREAS, a Negative Declaration was declared on March 6, 1989, by the Planning Board as lead agent under the State Environmental Quality Review Act, and, WHEREAS, Covenants and Restrictions h~ve been filed as noted on said map, and, WHEREAS, a public hearing was held on said lot line change at the Town Hall, Southold, New York, on Monday, April 17, 1989 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said Lot Line Change and application, NOW, therefore, be it RESOLVED that the application of Rita Cushman be approved and the Chairman be authorized to endorse approval on said lot line change, map dated April 14, 1989. Enclosed please find one of four maps signed by the Chairman. trul. ,ou,~~ ~~ / BE~E~ ORLOWSKI, JR. CHAI~ cc~ Building Dept. Assessor's Office enc. jt MAR 81 DISTRICT SECTION BLOCK oo LOTS 006.003. 006. 004% 10827 DECLARATION DECLARATION, made the ~0~ CUSHMAN, as Trustee under RITA M. 1981, and Successor(s) Road, Paradise Valley, the Declarant. day-of March, 1989, by RITA M. CUSHMAN TRUST, dated April 17, in Trust, now residing at 5029 Roadrunner Arizona 85253, hereinafter referred to as WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to change the .ot line dividing the two lots owned by Declarant situate at ~ishers Island, Town of Southold, County of Suffolk and State of ; and WHEREAS, the proposed lot-line change is shown on the Map of Proposed Lot Line Change prepared for Rita' M. Cushman, Trustee, prepared by Chandler, Palmer & King, dated March 11, 1982, revised September 23, 1985, August 26, 1986, October 6, 1986, and November 15, 1988, and; WHEREAS, a description of the two lots following such lot- line change is set forth on Schedule A hereto; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and.~a~ a condition of said approval, said Planning Board has required that the within Declaration be recorded in the office of the Suffolk County .~Clerk; and WHEREAS, the Declarant has considered the foregoing and ~eter~.~ined that the same will be for the best interests of the ~clarant and subsequent owners of said lots, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purpose of carrying out the ntentions above expressed, does hereby make known, admit, ~ublish, covenant and agree that the said premises described on · chedule A hereto shall hereinafter be subject to the following =ovenants which shall run'with the land and shall be binding upon ~11 purchasers of' said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. No lot shall be further subdivided at any future ate. No lot lines shall be changed in any manner at any future ate unless authorized by the Town of Southold Planning Board. 2. No new residential structure or sanitary disposal ~acility shall be constructed or otherwise located within 100 feet ~f the top edge of the bluff as shown on said Map. 3. There shall not be any structure providing access to ~he beach constructed on the face of the bluff as is shown on the ~ubdivision map. Access to the beach shall be limited to the latter areas along the shoreline of each lot. 4. Within 100 feet of the top edge of the bluff there shall not be any grading except that that may be necessary to :ontrol or remedy erosion or to prevent stormwater from flowing ;vet the edge of the bluff. Clearing and cutting within this area ~all be limited to that necessary for proper maintenance and ~moval of diseased, decayed or dead material and obnoxious plant )ecies. Such clearing and grading shall be subject to review by ~he Town to insure proper maintenance and preservation of the ~atural buffer. 2 5. NO t off resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the fact of the bluff. 6. The within Declaration 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. IN WITNESS WHEREOF, the Declarant above named has executed, the foregoing Declaration as of the day and year first above written. STATE OF NEW YORK SS.: County of Suffolk I, 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 being a Court of Record) DO HEREBY CEBTIEY that J have compared the an, nexed copy of and that it is a just and true copy of such original ¢~x¢.~-~--. ¢./..__. and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this ~2.~/ day. of .......................... ~.~. -. ~...,. *"%-¢-~. ~,-~_. ...... Clerk, Form No. 104 SCHEDULE A LOT NO. 1 A certain tract or parcel of land with the buildings thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at an iron pipe at the most Westerly corner of the ~erein described tract, said pipe being located 2489.98 feet North of a point which is 3523.69 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence South 68 degrees, 04 minutes and 36 seconds East 176.41 feet to a monument; thence South 47 degrees, 47 minutes and 56 seconds East 165.93 feet to a drill hole; thence South 40 degrees, 14 minutes and 23 seconds East 251.22 feet to the shore of Block Island Sound; thence North 50 degrees, 36 ~inutes and 40 seconds East 399.04 feet along said shore line to a point; thence North 46 degrees, 56 minutes and 00 seconds East 83.67 feet along said shore line to a point; thence North 44 degrees, 35 minutes and 40 seconds West 92.67 feet to a point; thence South 61 degrees, 28 minutes and 55 seconds West 13.39 feet to a point; thence North 83 degrees, 53 minutes and 39 seconds West 10.86 feet to a point; thence South 85 degrees, 19 minutes and 33 seconds West 69.54 feet to a point; thence North 80 degrees, 25 minutes and 57 seconds West 519.00 feet to an iron pipe; thence South 61 degrees, 05 minutes and 00 seconds West ~71.00 feet to the iron pipe at the point of beginning. LOT NO. 2 A certain tract or parcel of land with the buildings thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a monument, said monument being located 2193.16 feet North of a point which is 3423.13 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station WNIN" and running thence North 18 degrees, 43 minutes and 00 seconds East 313.39 feet to an iron pipe; thence South 68 degrees, 04 minutes and 36 seconds East 176.41 feet to a monument; thence South 47 degrees, 47 minutes and 56 seconds East 165.93 feet to a drill hole; thence South 40 degrees, 14 minutes and 23 seconds East 251.22 feet to the shore of Fishers Island Sound; thence South 33 degrees, 17 minutes and 20 seconds West 118.43 feet along said shore line to a point; thence South 03 degrees, 19 minutes and 40 seconds West 86.15 feet along said shore line to a point; thence South 27 degrees, 03 minutes and 30 seconds West 403.03 feet along said shore line to a point; thence North 55 degrees, 19 minutes and 20 seconds West 194.59 feet to a monument on the Southeasterly line of an unimproved road; thence North 09 degrees, 17 m~nutes and O0 seconds East 148;06 feet ~long said road line to a Polgt of. curve to the l~ft having a r~dlus of 150.24 feet and the direction of whose radius at that point is North 80 degrees, i43 minutes and O0 seconds West; thence Northwestwardly along said ]:9827 road line following the arc of said curve for a distance of 178.55 feet~ to a point; thence North 58 degrees, 48 minutes and 30 seconds West 52.26 feet to a point of curve to the right having a radius of 459.47 feet and the direction of whose radius at that point is North 31 degrees, 11 minutes and 30 seconds East; thence Northwestwardly along said road line following the arc of said curve for a distance of 144.46 feet to a point of curve to the right having a radius of 23.06 feet and the direction of whose radius at that point is North 49 degrees, 12 minutes and 20 seconds East; thence Northwardly along said road line following the arc of said curve for a distance of 36.17 feet to a monument; thence North 49 degrees, 04 minutes and 00 seconds East 82.29 feet to the monument at the point of beginning. 0 Z The following change: LOT-LINE CHANGE items are to be submitted on the survey for a lot-line ( ) Key Map ( ) Lot, block, and section number from tax map, scale and north arrow ( ) Name and address of the owner of record ( ) Name and address of the person preparing the map (certified' engineer, land surveyor, architect, etc.) ( ) Property descriptions, dimensions, bearings, square footage of the property being changed and property where additional square footage is coming from. ( ) Existing zoning ( ) Areas subject to flooding ( ) Existing buildings and site improvements, (ie fences, hedges) ( ) Indicate the existing lot line (dotted line) with the bearing and distance and the proposed lot line (solid line) with the new bearing and distance. ) Location and name of existing streets or right-of-way adjacent to the property. ) Existing spot grades The following information is for a lot-line change: ( ) ( ) to be submitted with the application Written and signed letter, notorized, by owners of properties in question approving of the change and reasons for the change. Proposed covenants and restrictions indicating that upon Planning Board approval, the property will be merged. Any existing covenants applying to the property. Form letter regarding drainage, roads, and grading, see attached Short Environmental Assessment Form, Part I, see attached Application, three pages, last page notorized , see attached *Procedure is the same as the set-off, however, there is no requirement for Health Depaitment approval. l "' 617,21 ~ Appendi,~ State Environmental~ality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION ~o be completed by AppUcant or Project sponsor) 1. APPLICANT/SPONSOR R~A H. CUS~ ~UST ~NAM~ LOt L~ne Ch~~ 3. PROJECT LOCATiON: ~S e~s s an ~L ~o~ Ezra H, Cu~~ Municipality ~O~n Of SouthoZd County 4. PRECISE LOCATION (Street address and road Inlersections, prominent landmarks, etc., or provide map) on Block Island Sound approximately 3,000 feet from East End Road 5. IS PROPOSED ACTION: [] New [] Expansion [] ModiRcation/alteratlon 6. DESCRIBE PROJECT BRIEFLY; change of boundary line between two parcels located on Fishers Island in the Town of Southold (~CTM # 1000-8-1-6~3 and 6.4) 7. AMOUNT OF LAND AFFECTED: Initially ]-0 · 60----. ~~ acres Ultimately 10. 60+ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~ Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~ Residential Describe: [] Industrial [] Commercial [] Agriculture [] ParkJForest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOD F CATION? [] Yes [] No 1988 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Apprlcantlsponsor name: RITA M. CUSHMAN TRUST Nov. Dale; Signature:By -he action is in the Coastal Area, and you are a state agency, complete Coastal Assessment Form before proceeding with this assessment the OVER 1 (Continued on reverse side) PAR'r Ii--eNVIRONMENTAL ASSESSMENT (To be completed by Agency) ~-B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIOED FOR UNLISTED ACTIOHS '_; E]¥es ©No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain brieHy C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly. C7. Other impacts (including changes use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO if Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or orbed, vise significant. Each effect should be assessed in connection with its (s) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; snd (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show thst all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the i{t~ormation and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environ~nenta[ impacts AND provide on attachments as necessary, the reasons supporting this determination: DAte APPLICATION FOR APPROVAL OF To the Planning- Board o[ tile Town of Sou(bold: The undersigned applicant hereby applies for (~J~7'~) (flnal)app,'oval of a subdivision plat accordance wlth Article 16 of the Town Law and the Rules and Regulations of the Sou(hold Tou P]anning Board, and represents and states as follows: attorney for 1. The applicant is the/oWner of record of the land un ' · o~vner of record of the land er ~nnl' ,- ., der a.ppllcahon. (If the applicant is not t~ land under application.) und__-r,-acaLmn, me apphcant shall state his interest in 2. The name of the subdivision is to be LOT LINE CHANGE FOR .............. RITA bi. CUSHMAN TRUSTEE ,3. The entire land under application is described in Schednle "A" hereto annexed. (Copy of deer suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Count). Clerk's office foll~ws: ~ . Liber ..... 9.~.96 ..... Page 107 ............................... On January 17, 1984 Libor ........................ Page ...................... On . Lib? ........................ Page ...................... On .............. Liber ........................ Page ..................... · On Liber ........................ Page ...................... On . d i d L Will ........... as ev sed un er the as( and Testament of ...... or as dlstrlbutee ..'..; ................................................................... 5 The a fth la d i 10 60+ · rea o e n s .... :...r ......... acres. 6. Ail taxes which are liens on the land at the (late. hereof have been pa{d.~lt ............ Tl/e land ~s encumbered by no mortgage (a) Mortgage recorded ;n Liber .............. Pa~e ................. in original amount of $ .............. unpaid amount $ ........ .......... heh! by ...................... .............. address (b) Mortgage recorded in Liber ......... Pa~e ..... . ............ in omginal amount of .............. unpaid amount $ ...................... held by ...................... · address (c) Mortgage recorded in Liber .............. Page ................ ~n orlg~nal amot of .............. unpaid amount $ ...................... held by . ........ "' address There are no other encumbrances or Hens against the land. ~'~cxq~:xx ..................... 9. The land lies in the folloxving zoning use districts A-1 Residential ' - 10. No part of the land l~es under water whether tide water, stream, pond water or other~vise. ~ 11. Th~'applicant shah at Iris expense ~nstall all required public improvements. 12. The land (does) ~t~0x) lie in a Water District or Water Snpply District. Name of Dis trlct, if within a District, Is F~ishers Island Water Works 13. \Vater mains will be laid by existing and (a) (no) charge will be made fo~ installing said mains. 14. Electric lines and standards will be installed by ...exi~.t~rlg ........................... lines. · ........... and (a) (no) charge will be made for installing' said 15. Gas mains 3rill be installed by ... not applicable and (a) (no) charge will be made for installing said mains. 16. If streets sbown on the plat are claimed by tile ~pplicant to be existing public streets in the Suffolk County IIigbway system, annex Schedule "g" bereto, to show same. 17. If streets shown on tile plat are claimed by tile applicant to be existing public streets in the Town ol Southold Iligbwav system annex Sc{~edule 'C" llereto to show same. 18. There are no ex~stm~r bnildhl~s or strnctnres on the land which are not located and sboxvn on tile plat. 19; \Vhere the plat shows proloscd streets which are extemiolls t,f streets on adjoinln~; snb- division maps heretofore filed, there are no reserve strips at the end of the streets on said ex/sting maps at tllelr COlljtnlCtlOnS wttl~ the proposed streets. 20. In tile course of thcsd, proceedlngs, tile alqllicimt will ot-l'er protff of title as required by Sec. 335 of tile Real Property Law. 21. SuI:':ut .a cony of ' Schedule "D".- proposed deed for lots -~howmg all restr~cti4 ns covenants, crc. Annex RITA M, CUSHMAN, TRUSTEE TO DESCRIPTION OF A PORTION OF LOT #1 TO BE TRANSFERRED TO LOT #2 A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at an iron pipe which is located 2489.98 feet North of a point which is 3523.69 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence South 68 degrees, 04 minutes and 36 seconds East 176.41 feet to a monument; thence South 47 degrees, 47 minutes and 56 seconds East 165.93 feet to a drill hole; thence South 40 degrees, 14 minutes and 23 seconds East 251.22 feet to a point at the shore of Block Island Sound; thence South 33 degrees, 17 minutes and 20 seconds West 118.43 feet along said shore line to a point; thence North 39 degrees, 24 minutes and 50 seconds West 605.52 feet to the iron pipe at the point of beginning. Containing 1.21 acres, more or less. RITA M. CUSH_M6.N~ TRUSTEE TO DESCRIPTION OF LOT 01 FOLLOWING TRANSFER OF A PORTION TO LOT #2 A certain tract or parcel of land with the buildings thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded amd described as follows: Beginning at an iron pipe at the most Westerly corner of the herein described tract, said pipe being located 2489.98 feet North of a point which is 3523.69 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence South 68 degrees, 04 minutes and 36 seconds East 176.41 feet to a monument; thence South 47 degrees, 47 minutes and 56 seconds East 165.93 feet to a drill hole; thence South 40 degrees, 14 minutes and 23 seconds East 251.22 feet to the shore of Block Island Sound; thence North 50 degrees, 36 minutes and 40 seconds East 399.04 feet along said shore line to a point; thence North 46 degrees, 56 minutes and O0 seconds East 83.67 feet along said shore line to a point; thence North 44 degrees, 35 minutes and 40 seconds West 92.67 feet to a point; thence South 61 degrees; 28 minutes and 55 seconds West 13.39 feet to a point; thence North 83 degrees, 53 minutes and 39 seconds West 10.86 feet to a point; thence South 85 degrees, 19 minutes and 33 seconds West 69.54 feet to a point; thence North 80 degrees, 25 minutes and 57 seconds West 519.00 feet to an iron pipe; thence South 61 degrees, 05 minutes and O0 seconds West 171.00 feet to the iron pipe at the point of beginning. Containing 3.90 acres, more or less. Together with a right of way over the existing driveway and roadway leading Southwesterly and Northwesterly from the Southwesterly line of the above described tract to the road leading to the East End. Together also with a right of way, 10 feet in width, for the use and maintenance of a water line, the center line of which is described as follows: Beginning at a point which is North 61 degrees, 05 minutes and O0 seconds East about 20 feet from the iron pipe at the point of beginning of the above described tract and running thence South 80 degrees, 33 minutes and O0 seconds West 79.90 feet to a point; thence North 69 degrees, 17 minutes and O0 seconds West 1885.3 feet to the existing water main in the road to the East End. Subject to a right of way over the existing driveway running North- easterly across the above described tract from the second line in the above described tract to other land of Rita M. Cushman. Subject also to a right of way in favor Robert J. Miller running Southeasterly across the most Westerly corner of the above described tract. Together with and subject the right to use the path and stairs between the herein described tract and other land of Rita M. Cushman as a means of access to the beach. RITA M. CUSHMAN, TRUSTEE TO DESCRIPTION OF LOT #2 FOLLOWING TRANSFER OF A PORTION OF LOT #1 A certain tract or parcel of land with the building thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a monument, said monument being located 2193.16 feet North of a point which is 3423.13 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence North 18 degrees, 43 minutes and O0 seconds East 313.39 feet to an iron pipe; thence South 68 degrees, 04 minutes and 36 seconds East 176.41 feet to a monument; thence South 47 degrees, 47 minutes and 56 seconds East 165.93 feet to a drill hole; thence South 40 degrees, 14 minutes and 2!3 seconds East 251.22 feet to the shore of Fishers Island Sound; thence South 33 degrees, 17 minutes and 20 seconds West 118.43 feet along said shore line to a point; thence South 03 degrees, 19 minutes and 40 seconds West 86.15 feet along said shore line to a point; thence South 27 degrees, 03 minutes and 30 seconds West 403.03 feet along said shore line to a point; thence North 55 degrees, 19 minutes and 20 seconds West 194.59 feet to a monument on the Southeasterly line of an unimproved road; thence North 09 degrees, 17 minutes and O0 seconds East 148.06 feet along said road line to a point of curve to the left having a radius of 150.24 feet and the direction of whose radius at that point is North 80 degrees, 43 minutes and O0 seconds West; thence Northwestwardly along said road line following the arc of said curve for a distance of 178.55 feet to a point; thence North 58 degrees, 48 minutes and 30 seconds West 52.26 feet to a point of curve to the right having a radius of 459.47 feet and the direction of whose radius at that point is North 31 degrees, 11 minutes and 30 seconds East; thence Northwestwardly along said road line following the arc of said curve for a distance of 144~46 feet to a point of curve to the right having a radius of 23.06 feet and the direction of whose radius at that point is North 49 degrees, 12 minutes and 20 seconds East; thence Northwardly along said road line following the arc of said curve for a distance of 36.17 feet to a monument; thence North 49 degrees, 04 minutes and O0 seconds East 82.29 feet to the monument at the point of beginning. Containing 6.70 acres, more or less. Together with a right of way over the existing roadway leading North- westerly from the Westerly side of the above described tract to the road leading to the East End. Together also with with a right of way over remaining land of this Grantor for the installation and maintainance of water lines and other utilities. Subject to any existing rights as may of record Station located on the Southerly portion of the tract. appear for the Foracs above described Subject also to a right of way, in favor of others, over the existing driveway running Northeasterly across the above described tract from the Southwesterly end of the first line in the above description to other land now or formerly of Rita N. Cushman, Trustee. Subject also to a right of way, in favor of Robert J. Miller, over a driveway near the Northerly corner of the above described tract. STEPHEN L. H~l, In I~[ATTHEWS ~: I~A2~f ATTOR!~E¥$ AND COUNSELLORS AT LAW ,~ HAMPTON $OUTtlA2~PTOI~, N.Y. i19~8 516 * 283 - 2400 February 11, 1992 Ms. Valerie Scopaz Planning Board Town of Southold Main Road Southold, NY 11971 Re: Cushman/Miller/Noyes to Rentschler Dear Valerie: Following up on our conferences and correspondence from last year, I have enclosed copies of th~ following deeds: 1. Deed, dated February 15, 1991, from Rita M. Cushman, as Trustee, to Charles E. M. Rentschler and Suzanne Snowden Rentschler, recorded July 30, 1991 in Liber 11307 page 024. This deed covers the 2.9-acre improved parcel designated on the Suffolk County Tax Map by the number 1000-8-1-6.1. 2. Deed, dated September 24, 1991, from Robert J. Miller to Rita M. Cushman, recorded October 22, 1991 in Liber 11356 page 471. This is a replacement deed to a 1980 deed between the same parties that was never recorded. However, because Mr. Miller sent a copy of the unrecorded deed to the Tax Assessor, a separate Suffolk County Tax Map number, 1000-8-1- 4.020, was assigned to the .35-acre parcel purportedly conveyed by the 1980 deed and covered by this deed. 3. Deed, dated October 31, 1991, from Rita M. Cushman to Charles E. M. Rentschler and Suzanne Snowden Rentschler, recorded December 17, 1991 in Liber 11387 page 047. This deed covers the same .35-acre parcel conveyed by Mr. Miller to Mrs. Cushman and provides for the merger of that parcel with the parcel conveyed by the deed described in item 1 above. ) ~sider ~ion AX MAP :IGNATION 1000, 00B. 00 01.00 ,006.00 C:ONSULT YOUR LAWYER BEFORE SIGNING THIS IHSTRUM~NT--THIS IUSTRUMENT SHOULD B 11367 024 TH~INDF..HTUR~madethe BETWEEN RITA M. CUSHMAN, as April 17, 1981, 5029 Roadrunner 15th day of February , nineteen hundred Trustee under RITA M. CUSHMAN TRUST, dated and Successor(s) in Trust, now residing at Road, Paradise Valley, Arizona 85253 mrty of the first part, and CHARLES E. M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER, his wife, both now residing at 2375 North 1050 East, Hartsville, Indiana 47244 party of the second part, WITNF..SSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consi.der.ati.on paid by the party of the second part, does hereby grant and release unto the party of the secona part, the neirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel o£ land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule A hereto 32662 REA, L ESTAI~, ~. "JUL 30 1991 --- l R AN SUFFQ[t co r, lf't TOGETtIER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and, all tbe estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the prenfises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anytldng whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvonent and will apply t~e same first to the payment' of the cost of the improveo~ent before using any part of tile total of the sasne for any other purpose. , ~ The word "party" shall be construed as if it read "parties" whene~er the sense of this indenture so requires. IN WITNF..SS WHF--REOie, the party of the first part has duly executed this deed the day and year first above written. Ill PRESENCE ~ita M. Cushman, as Trustee under Rita M. Cushman Trust ST~TE OF ~ COUNTY OF f, ss: O~ thc /'~ - day of Febru& , before me ersonally came -~ ' C~ Rita M. Cushman ~ to me known to be the individual described in and who ~ executed the foregoing instrument, and acknowledged that ~,~ she executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the 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 corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the / of )ersonally came 19 , before me to me known to be the individual described .in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me ~ersonally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows ..... to be the indiv.idual described in and who executed 'ihe foregoing instrument; that he, said subscribing witness, was present and saw execute the same; arid that '" he, said witness, at the same time subscribed h : name as witness thereto. x,¥1TH COVENANT AGAINS'I G~.ANrOK'S AC~S TITLE NO. RITA M. CUSHMAN, as Trustee TO CHARLES E. M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Tlcor Tltle Guarantee Company RETURN BY MAIL TO: Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, NY 11968 Zip No. SCHEDULE A To Deed From: Rita M. Cushman Trust To: Charles E. M. Rentschler and Suzanne Snowden Rentschler Date of Deed: February I~, 1991 A certain tract or parcel of land with the buildings thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being boundgd and described as follows: Beginning at an iron pipe set on the Westerly line of the hereinafter described parcel at the Southwest corner thereof which point is situate 2572.66 feet North of a point which is 3673.37 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence North 61 degrees, 05 minutes 00 seconds East 232.28 feet to an iron pipe; thence North 67 degrees, 45 minutes and 00 seconds East 146.60 feet to a drill hole; thence South 79 degrees, 01 minute and 00 seconds East 118.80 feet to a point; thence North 67 degrees, 54 minutes and 00 seconds East 90.07 feet to a point; thence South 83 degrees, 36 minutes and 00 seconds East 64.35 feet to a point; thence South 59 degrees, 33 minutes and 00 seconds East 70.37 feet to a point; thence South 13 degrees, 35 minutes and 00 seconds East 236.90 feet to a point at the shore of Block Island Sound; thence South 46 degrees, 56 minutes and 00 seconds West 69.29 feet along said shore line to a point; thence North 44 degrees~ 35 minutes and 40 seconds West 92.67 feet to a point; thence South 61 degrees 28 minutes and 55 seconds West 13.39 feet to a point; thence North 83 degrees 53 minutes and 39 seconds West 10.86 feet to a point; thence South 85 degrees 19 minutes and 33 seconds West 69.54 feet to a point; thence North 80 degrees, 25 minutes and 57 seconds West 519.00 feet to the iron pipe at the point of beginning. TOGETHER WITH a perpetual right of way for the purpose of ingress or egress by foot or vehicle over the existing driveway across lands heretofore conveyed to Allerton Cushman and Rita Cushman by John W. Hanes (Liber 8176 page 398), abutting the above described premises on the South, starting on the Westerly line of said premises heretofore conveyed to Allerton Cushman and Rita Cushman at a point 2193.16 feet North of a point which is 3423.13 feet East of the U.S. Coast and Geodetic Triangulation Station "NIN", and running northeasterly to the above described premises. TOGETHER WITH whatever right of way that the party of the first part may have, if any, over the existing road leading Northwesterly from the point of intersection of above mentioned driveway with the Westerly line or side of said lands heretofore conveyed to Allerton Cushman and Rita Cushman and leading Northwesterly to the road leading to the East End. TOGETHER WITH a right of way, 10 feet in width, for the use and maintenance of a water line leading from the buildings on the above described premises across said premises heretofore conveyed to Allerton Cushman and Rita Cushman, the center line of which intersects a point which is on the westerly line of said premises heretofore conveyed to Allerton Cushman and Rita Cushman North 61 degrees 05 minutes 00 seconds East about 20 feet from the Northeasterly end of the first course in said deed to Allerton Cushman and Rita Cushman, and running from said point of beginning South 80 degrees 33 minutes 00 seconds West 79.90 feet to an iron pipe; and RUNNING THENCE North 69 degrees 17 minutes 00 seconds West 1885.3 feet to the existing water main located in said road leading to the East End. '" ~ SUBJECT TO the provisions contained in the indenture conveying said right of way to John W. Hanes dated December 10, 1956, being '11357 i02. between John W. Hanes and Fishers Island Estates, Inc. TOGETHER WITH a right of way 15 feet in width for the use .and maintenance of another water line, the center line being described as follows: BEGINNING at a point n~ar the Northeasterly end of the above described tract, said point being located 2744.81 feet North of a point which is 4214.82 feet East of said "NIN" monument and 'thence running North 45 degrees 44 minutes 00 seconds East 175 feet to the shore of Treasure Pond. SUBJECT however to any and all covenants, restrictions, reservations or easements o~. record which may affect subject premises. SUBJECT FURTHER TO a right of first refusal in favor of Rita M. Cushman, now residing at 5029 Roadrunner Road, Paradise Valley, Arizona ("Mrs. Cushman"), as set forth herein. By accepting this deed, the grantees agree that they will not sell or otherwise transfer the above described premises unless they shall have first offered the same for sale to Mrs. Cushman in accordance with the additional terms hereof. If the grantees desire to sell or otherwise transfer the above-described premises, they shall first obtain a bona fide offer in writing from a third party for the purchase of such premises and then offer ill writing to sell such premises to Mrs. Cushman at the same price .and on the same terms and conditions as such bona fide offer. Mrs. Cushman shall have a period of five days from receipt of such offer within which to accept the same in writing and a period of ten days from receipt of a contract of Sale incorporating the terms of such offer to sign such contract and make the required down payment thereunder. If Mrs. Cushman shall fail or refuse to accept the offer or sign the contract and make the required down payment within the aforesaid time periods, then the grantees shall be free to sell the premises to the bona fide offeror provided that such sale is made at the same or a greater sales price than the price at which the premises were offered to Mrs. Cushman. If the sale to such bona fide offeror is not consummated, then the provisions hereof shall again apply in the event the grantees desire to sell or otherwise transfer the premises to another prospective transferee. Anything herein to the contrary notwithstanding, in the event Mrs. Cushman shall default under any contract of sale entered into with the grantees pursuant to the provisions hereof, then the right of first refusal granted to her herein shall cease and terminate and the grantees shall at any time thereafter have the unrestricted right to sell or transfer the above-described premises to any person or entity whatsoever. The right of first refusal granted to Mrs. Cushman herein is personal to her; such right may not be sold, assigned, bequeathed or otherwise transferred by her and if it shall not already have been terminated pursuant to the provisions hereof, it shall cease and terminate upon her death. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed, dated July 13, 1984, and recorded July 23, 1984 in the office of the Suffolk County Clerk in Liber 9605 page 444. NYTT $4. oo TAX MAP )ESIGNATION )~,L 1000 ;,¢. 008.00 4L 01. O0 ~) COIqSU~LT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TI4IS INDE. NTURE, made the ~1.%4q~ day of r~q.~O~, nineteen hundred and ninety one ROBERT J. MILLER, now residing at 15 Farrell Road, Weston, Connecticut 06883 partyofthefirstpart, md RITA M. CUSH~N, now residing-at Valley, Arizona 85253 5029 Roadrunner Road, Paradise pa'ty of the second pa~t, WlTNF_&SL~TH, that the party of the fist part, in consideration of Ten Dollars and ~her v~u~le consider~ion pa d by the party of the second part, does hereby grant and release unto the party of the second Part, the heirs or successors and assigns of the party of the s~ond part forever, · Al-I- that certain plot, piece or parcel of l~d, with ~e buildings ~d improv~men~ thereo~ or~d~, 'situate, lyingand being ~XR~ at Fishers Island, Town of Southold, County of Suffolk ard State of New York, being bounded and described hs f.ollows: BEGINNING at an iron pipe located 2614.21 feet North of a point which is 3748.59 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 61 degrees 05 minutes 00 seconds West 192.10 feet to an iron pipe; thence North 23 degrees 23 minutes 48 seconds West 13.22 feet to a drill hole; t~ence North 34 degrees 38 minutes 18 seconds East 289.32 feet to an ircn pipe; thence South 3 degrees 15 minutes 27 seconds East 157.54 feet tc the point of BEGINNING. SJBJECT TO the rights of the grantor, his heirs and assigns, to build maintain and use a driveway across the above described tract for all parposes for which a driveway is ordinarily used including the right t~ install utilities therein and the right to grant easements in connection with such utilities. This deed is delivered in replacement of a certain deed to the same pcemises from the grantor to the grantee herein, dated April 1, 1980, which prior deed~was never recorded. R EC~E__D REAL ESIATE .,~_: !I (~,T 22 1991 IRANSI LR SUFFOLK COUNTY TOGETHER with all right, title and interest, if any, o} the party of the first part in and to any streets and roads abutting the aboxe described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO }lAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns o} the party of the second part forever. AI'ID the party of the first Part covenants that the party of the first part has not done or suffered anything whereby the said prom,scs have been encumbered in any way whatever, except as aforesaid. Al'ID the party of the first part, in compliance with Section 13 of the Lien Law, coveoants that the party o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first {or the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party, shall be construed as if it read "parties" whenever the sense o} this indenture so requires. IN WITNESS WHEREOF, the Party of the first part has duly executed this deed the day and year first above written. IN pRF.~ENCg OF: Ro erk J/Miller On the 3-'Ot~ day of ':';;4'30' o,~C 19 9 l , before me personally came Robert .1. Miller On the da,~ ~f personally came 19 , before me to me known to be the individual described in and who to me known to be the individual described in and w~c, executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged tha executed the same. executed the same. o~ary Publ ic~~ ANNE SWEENEY NOTARY PUBLIC MY COMMISSION E×?IRES MARCIf 31, 1995 STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the 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 corpora- tion,*and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WHH COVE~^~T AG^mS~ GB^SIO~'S AC]S TITLE NO. ROBERT J. MILLER. TO RITA M. CUSHMAN TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Ticor Title Guarantffe Company RETURN BY MAlL TO: Stephen L. Ham, LII, Esq. Matthews '&'~amc/ ~5 Hampton Road Southampton, NY 1.1968 NYTT $4.00 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~iNDENIXIRE, madethe ~1~ ~yof December,nineteen hundred and ninety-one BETW~-~N JANSEN NOYES, JR., now residing at 299 Hollow Tree Ridge Road, Darien, Connecticut 06820 partyofthefirstpart, and CHARLES E. M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER, his wife, both now residing at 2375 North 1050 East, Hartsville, Indiana 47244 n£w NO. ~ r of the second part, WITNF..~"TI'I, that the party of the first part, in consideration of Ten Dollars and other valuable consideration ~ the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Sollthold, Co~lnty of Suffolk, State of New York, being bounded and described as follows: E~GINNING at an iron pipe located 2614.21 feet North of a point 3748.59 feet East of a monument marking the United Stat~s Coast and Geodetic Survey Triangulation Station "N-IN" and thence running North 61 degrees 05 minutes 00 seconds East 146.35 feet; thence North 67 degrees 45 minutes 00 seconds East 146.60 feet; thence North 83 degrees 30 minutes 48 seconds West 274.50 feet to an iron pipe; thence South 3 degrees 15 minmates 27 seconds East 157.54 feet to the point of BEGINNING. By accepting this deed, the papacy of tale second part agrees that, upon the recording of this deed, the above-described premises will merge with and become a part of other premises of the party of the second part adjoining on the south and west, said other premises consisting of approximately 2.9 acres and .35 acres, respectively, and having been acquired by the party of the second part by deed dated February 15, 1991 slid recorded on July 30, 1991 in 13her 11307 page 024 and deed, dated October 31, 1991 and reoorded on December 17, 1991. This deed is delivered in replacement of a certain deed to the same premises from the grantor herein to the predecessors in title of the grantee herein, dated July 9, 1980, which prior deed was never recorded. TAX MAP 3ESIGNATION )~,t. 1000 ~.. 008.00 ;11~. 01.00 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 0o4, oz~7_ AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party ot~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvco~ent before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF-.~ WHF_JIEOFs the party of the first part has duly executed this deed the day and year first above written. IN pRE~ENCE OF: ! $ REC~¥Efl) :.:~* REAL ESTATE DEC 17 ~'"' IRANSFER lAX' ' SUFFOLK ' 1394 t ~en Noyes S' ~4~E~Y: ~1 ~l/If yO~M:, COUNTY ~ ~//V~., ss: Cn :t~ 7 ~ oi December 19 91, ~{ore me Ja~;:~ Noyes, Jr, t~ t ~e ~no~ n to bc the individual descried in and who e ce~u~xd ~le foregoing instrument, and a~nowledged that ~ e ~me:uted the ~me. Notary Public ST,~ TE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me p m~ onally came to me known, who, being by me duly sworn, did depose and s~ty that ~e resides at No. ; that he i; the o , the corporation described in and which executed the foregoing instrument; that he knous the seal of said corporation; that the seal affixed to :aid instrument is such corporate seal; that it was so affixed by Drder of the board of directors of said corpora- tion, and that he signed h name thereto by like order. On the da: )f 19 . before personally came to me known to &e the 4 ,d~vitn:al described in and who executed the foregoing instrument, and acknowledged tha~ executed the sam~ STATE OF NEW YORK, COUNTY OF ~s: On the (lay- of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he., said witness, at the same time subscribed h name as witness thereto. JAN3EN NOYES, JR. TO CtIARLES E. M. RENTSCNLER and SIIZANNE SNOWDEN RENTSCHLER TIC:OR 'rlTl. E GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request o! Ticor Title Guarantee Company RBTURN BY MAIL TO: Stephen L. Ham, i~1 Matthews & Ham 45 Hampton Road Southampton, NY 11968 Zip No. NYTT TAX MAP :SIGNATION ;t. 1000 =. 008· 00 · 01.00 L(s): 004.200 Porto 8002'1- 89-20M--Bh, g~n aha Sale Dec'th Covenant against Gran*nr's Acts--Indlv|duM or Co'lib'ion. (single slicer) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDFANTURF., made the -a~/-~ day of 0c tober , nineteen hundred and RITA M. CUSHMAN, now residing at 5029 Roadrunner Road, Valley, Arizona 85253 ninety-one Paradise 3942 party of the first part, and CHARLES E.M. RENTSCHLER and SUZ,ANNE SNOWDEN RENTSCHLER, his wife, both now residing at 2375 North 1050 East, Hartsville, Indiana 47244 party of the second part, wrr~l~rH, that the party of the first part, in consideration of Ten D~lars and ~r valuate c~ns!~r~ paid by the pa~y of the second part, does hereby grant and release unto the party ot me secona pan, me ne~ ~ or successors and assigms of the party of the second part forever, AIL that cer~in pl~, piece or pared of land, with the buildings and improvements thereon erected, situ~e, lying and being ~Rli~ at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at an iron pipe located 2614.21 feet North of a point which is 3748.59 feet East of a monument marking the United States Coast and Geodetic Survey Tri- angulation Station "NIN" and thence running South 61 degrees 05 minutes 00 seconds West 192.10 feet to an iron pipe; thence North 23 degrees 23 minutes 48 seconds West 13.22 feet to a drill hole; thence North 34 degrees 38 minutes 18 seconds East 289.32 feet to an iron pipe; thence South 3 degrees 15 minutes 27 seconds East 157.54 feet to the poiht of BEGINNING. By accepting this deed, the party of the second part agrees that, upon the recording of this deed, the above-described premises will merge with and become a part of other premises of the party of the second part adjoining on the east, said other premises consisting of approximately 2.9 acres and having been acquired by the party of the second part by deed, dated February 15, 1991 and recorded on July 30, 1991 in Liber 11307 page 024. SUBJECT TO the rights of Robert J. Miller, his heirs and assigns, to build maintain and use a driveway across the above described tract for all purposes for which a driveway is ordinarily used including the right to install utilities therein and the right to grant easements in connection with such utilities. R ECF.~ ,. 13 42 REAL ESTATE ...... DEC 17 1991 1RAflSI-ER '[AX ~ ' SI!F FOl. K COI!HIY TOGETHER with all right, title and interest, if any, of the party or the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights or the party of the first part in and to said premises; TO HAVE AND TO HOLD the prentises herein grauted unto the party of the second part, the heirs or successors and assigns of , the party of the second part forever. AND the party of rite first part covenants that the party or the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the. first part, in compliance with Section 13 of the Lien Law, covenants that the party of tbe first part will receive the consideration {or this conveyance and will hold the right to receive such consid- eration as a trust {und to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The w'ord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEIIEOF, the party of the first part has duly executed this deed the day and year first above written. I~ mUr. SENCg OP: Rita M, Cushman On the '~'t -'~'~y of 0L.~vb F ,9 ~ , before me personally came :ira M. Cushman to me known t,~ be the individual described in and who On the lay )f i<~ , before personally clu ~c to me known to }~ the mhvidual described in and Wil: executed the fc,regoing instrument, and acknowledged that executed the foregoing instrutmnt, and acknowledged th:; 8he executed the same. executed the same STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the 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 corpora- tion, and that he signed h name thereto by like order. ss: STATE OF NEW YORK, COUNTY OF ~: On the day of 19 , before me personally came the subscribing witness to the ioregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. RITA M. CUSHMAN TO CHARLES E.M. RENTSCHLER and SUZANNE SNOWI)EN RENTSCHLER TICOR TITLE GUARANTEE SECTION 1000- 008.00 ULOCr 01.00 ~o~ 004. 200 0[IfJI~I'~{~IR TOWN Southold TAX BILLING ADDRESS Recorded Al Request of Tioor Title Guarantee Company RETURN BY MAIL TO: Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Soutbampton, NY I]968 DAY, BERRY & HOWARD Stamtord, Hartford and Boston: 977-7327 December 14, One Canterbury Green Stamford Connecticut 06901 Telephone (203) 977-7300 Telex 99324 1988 Mr. Kenneth Edwards Fishers Island, New York 06390 Re: Rita M. Cushman, Trustee-Tax Map #1000-8-1-6.3 & 6.4 Dear Ken: I am writing to you as a member of the Southhold Town Planning Board concerning the pending lot line change request with respect to the above referenced properties. As the adjoining property owner, I have no objection to the proposed lot line change provided that the granting of the lot line change does not permit further subdivision to create additional building lots. I understand that the Planning Board will require a covenant against further subdivision if the lot line change is granted, and I concur that such a covenant is desirable. If it should be suggested that such a covenant not be required, I would appreciate the opportunity to appear before the Planning Board to express my interest in this regard. Thank you for your cooperation. Sincerely, Robert J. Miller RJM:lr CHANDLER, PALMER & KING~ 110 Broadway NORWICH, CONNECTICUT 06360 TO (203) ~889-3397 1989 WE ARE SENDING YOU [] Attached [] Under separate cever via the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] THESE ARE TRANSMITTED as checked below: REMARKS [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Resubmit [] Approved as noted [] Submit [] Returned for corrections [] Return__ [] copies for approval copies for distribution corrected prints 19 __ [] PRINTS RETURNED AFTER LOAN TO US COPY TO_ If enclosures are not es noted, kindly notify s~t once, ~V~AT T H E WS & ATTORNEYS AND COUNSELLORS AT LAW 45 H.~PTO~ Ro~D SOUTHAMPTON, N.Y. 11968 FaX 516-287-1076 April 13, 1989 Planning Board Town of Southold Town Hall Main Road Southold, NY 11971 Attn.: Melissa Re: Lot Line Change for Rita M. Cushman Trust Dear Melissa: Enclosed are two additional prints of the proposed lot line change. SLH: ja Enclosures Sincerely, Stephen L. Ham, III PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ) ) ss. New London a Notary Public, J.L. newspaper published at London, State states on oath, Legal Adv. On this 18th day of April 19 89 personally appeared before the undersigned, within and for said County and State, Zielinski, Leqal Adv. Clerk of THE DAY, a daily New London, County of New o£ Connecticut, who being duly sworn, that the Order of Notice in the case of #581 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 6th days of April Subscribed and sworn e e this day of April A.D. 19 A.D. 19._.89 1 8th 8~ Notary Public. LEGALS NOTICE Notice ~c Hearing NOTIC~ Y GIVI~N that pursuant to Scction 276 of the Town Law, a gublic hearing will be held by the Southold Town Planning Board, at ,he Town Hall, Main Road, Southold, New York in said Tow~ on the 17th day of April, 1989 on the questic~l of the foSowing: 7:30 p.m.~l' a vel of the lot at the Townl~n~y of line change o , located Suffolk, and State of New York. Suffolk County Tax Map No. 1000- 8-1-6.3 & 6.4. The property is bordered on the North now or formerly of Rita C~shmm'; on the East by Long Island Sound; on the South by land now or formerly of Otis Pike, by Beach Pond; on the West by land now or formerly of Rite Cushman, by land now or formerly of Robert J. MiSer. 7:45 p.m. Final approval ~ the lot line change of Daysman Moms, lo- cated at the Town of Southold, County of Suffolk, and S~ate of New YoP~. Suffolk County Tax Map No. 1(]00-48-3-6 & 7. The properly is bordered on the North by Linnet Sueet~ on thc East by land now or formerly of John Olinldewicz; ~o the South by land now o~ formerly of Dayaman Morris, by land now or formerly of Elhm Wy~he, by land now or formerly of P.K. Realty, by land now or formerly of Timmothy Reeves; on the West by land now or formerly of Frank Field Realty, Inc. THE SO~tOLD TOWN PLAI~,~qG BOARD ~IAIRMAN STATE OF NEW YORK) COUNTY OF SUFFOLK) Maribeth Powers of Mattltuck, Ir said County, being duly sworn, ~y8 tlmt he/she Is Prlncl Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, publlshnd et Mettltuck, In the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed Is a printed copy, has been r~gulafly published In said Newspaper once each week for 1 weeks successively, commencing on the 6 day of ~19 89 Principal Clerk Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 4, 1989 Stephen Ham 45 Hampton Road Southhampton, NY 21968 RE: Rita Cushman SCTM 91000-8-1-6.3 & 6.4 Dear Mr. Ham: The following action was taken by the Southold Town Planning Board on Monday, April 3, 1989. RESOLVED that the Southold Town Planning Board set Monday, April 17, 1989 at 7:30 p.m. for a public hearing on the final maps dated November 15, 1988. If you have any questions, please do not hesitate to contact this office. ~ly yours, CHAIRMAN jt MAT T I~ E~S ~ ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTt~ANPTON, N.Y. 11968 516-283-24oo FAX 516-287-1076 March 31, 1989 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Lot Line Change for Rita M. Cushman, Trustee (SCTM # 1000-8-1-6.3 and 6.4) Gentlemen: In connection with the referenced application, I have enclosed a certified copy of a Declaration containing the covenants and restrictions you requested in your resolution of February 27, 1989, as modified by your letter of March 28, 1989. The Declaration was filed in the Office of the Suffolk County Clerk earlier today in Liber 10827 page 432. I understand from your staff that the public hearing on this application will be scheduled for April 17 at your meeting on April 3. I also understand that you have 45 days within which to act after the hearing. For several reasons, we request that you adopt a resolution concerning this application at your April 17 meeting and, if it is approved, endorse the maps that evening. First, the matter is not controversial and, if the lot line change is granted, there would be no adverse impact (if any impact at all) on the neighborhood or the environment. Second, my client has cooperated with your requests by promptly filing the Declaration in the form you intended. Third, there has already been some delay caused by my request for clarification of the February 27 resolution, but that request was made to assure that your intentions were properly carried out. Finally, my client has entered into a contract to sell one of the lots and the closing is conditioned on your approval. While the closing date specified in the contract is May 15, there has been discussion concerning an earlier closing. We appreciate your consideration of the matters raised in this letter. Very truly yours, Stephen L. Ham, III SLH: ja Enclosure Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 28, 1989 Steve L. Ham 45 H~npton Road Southampton, New York 11968 RE: Rita Cushman SCTM~ 1000-8-1-6.3 & 6.4 Dear Mr. Ham: The Planning Board reviewed your correspondence dated March 8, 1989. The Declaration of Covenants and Restrictions should be revised to include the following: No lot shall be further subdivided at any future date. No lot lines shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Number 4 should be written as stated in the Suffolk County Planning Commission report. As stated in your letter, a line was inadvertently dropped when the paragraph was retyped. The above modifications are the intent of the Planning Board and should clarify the Planning Board resolution of February 27, 1989. Please submit a revised Declaration of Covenants and Restrictions for review by the Planning Board. Please contact the office if you have any.further questions. '~ry tr~y ~s~ ~. / CHAIRMAN ms MATTI-IE'W'S ~: HAM ATTORNEYS AND COUNSELLORS AT LAw · 5 HAMPTON RO~ SOUTH~PTON, N.Y. 11968 516-283- 2400 ~AI 516-~87-1076 March 8, 1989 Planning Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Lot-Line Change for Rita M. Cushman, Trustee; SCTM ~ 1000-8-1-6.3 & 6.4 Gentlemen: I am writing in response to your letter to me of March 1, 1989, containing resolutions requesting compliance with certain recommendations made by the Suffolk County Planning Commission with regard to the referenced lot-line change. You amended paragraph 1 of the Planning Commission report by deleting the phrase "unless authorized by the Town of Southold Planning Board". I understand that your concern (and that of FIDCO as expressed in a letter to the Cushmans) was to prevent the creation of any further building lots at this site. However, paragraph 8 of the report, with which you have also requested compliance, would seem to permit further subdivision (as well as lot line changes) if approved by a majority plus one of the Town Board or Planning Board. I would appreciate it if you would clarify this point so that I may prepare and submit an appropriate Declaration. In my view, the Planning Board should retain the authority to pcrmit further subdivision, at least with a supermajority or by unanimous vote. However, if the intention is otherwise, then I believe your resolution of February 27 should be amended accordingly. Even if an absolute ban on further subdivision is desired, no matter what a future Planning Board may decide, the language should be restricted to the creation of additional building lots. At a minimum, the Planning Board should retain the authority to permit future owners to rearrange their lot lines at this site, without creating any new building lots, should they desire to do so in a proper case. Continued Planning Board March 8, 1989 Town of $outhold Page 2 Also, in amending paragraph 4 of the Planning Commission report, I believe a line was inadvertently dropped when that paragraph was retyped for purposes of your resolution. That line, the fifth in paragraph 4 of the report, reads "necessary for proper maintenance and removal of diseased, decayed or". Unless your intentions are exactly as expressed in the resolution of February 27, I would appreciate it if you would adopt another resolution superseding the existing one so that I will be in a position to prepare an appropriate Declaration on behalf of my clients. Very truly yours, Stephen L. Ham, III SLH:ja Town Hall. 53095 Main Road P.O. Box 1179 SoutholcL New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 1, 1989 Stephen L. Ham 45 Hampton Road Southampton, NY 11968 RE: Rita Cushman SCTM 91000-8-1-6.3 &6.4 Dear Mr. Ham: The following actions were taken by the Southold Town Planning Board on Monday, February 27, 1989. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. RESOLVED that the Southold Town Planning Board accept and request compliance with the Suffolk County Planning Commission report, dated February 2, 1989, numbers 1-5 & 8 with the amendment of nuafoers 1 & 4 to read as follows: No lot shall be subdivided or its lot lines changed in any manner at any future date. (This amendment was also asked for by FIDCO. See enclosed). Within 100 feet of the top edge of the bluff there shall not be any grading except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN enc. Town Halk 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 03/06/89 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 this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The lot line change of Rita Cushman is located on Fishers Island. SCTM 91000-8-1-6.3 &6.4. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Planning Board feels that ~is lot line change will not create any further impact on t~e area. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board Fishers Island Development CorporatiOn Fishers Island, NY 06390 William C. Ridg~vay, HI President Richard S. Baker Manager Mr and Mrs Allerton Cushman 5029 Roadrunner Road Paradise Valley, AZ 85253 January 25,1989 Dear Allerton and Rita: FIDCO has received an inquiry as to whether the property which you have offered for sale on Fishers Island could be subdivided. As you know, FIDCO has recently agreed with town and county author- ides that no building sites will be created in addition to those shown on the "Olmstead Plan" for the East End, as updated through August 7, 1987. Also there is widespread sentiment against increased development on the Island which is shared by many of FIDCO's shareholders and directors. It may well be a misconception on the part of a real estate broker that raised the issue, but I thought I should confirm FIDCO's position that the property you are offering for sale constitutes a single building lot, and that further subdivision will not be possible. I understand that the Southold Town Planning Board has requested a covenant in connection with the proposed lot line change to the effect that the property for sale, as redefined, will constitute a single building lot. FIDCO would favor the recording of such a covenant to avoid v~ny possible difficulties with a purchaser who might not be familiar with the history of the definition of East End building lots. FIDCO has no objection to the proposed lot line change so long as such a covenant against further subdi- vision is recorded, and I am so advising Ken Edwards by copy of this letter. Sincerely yours, r William C. Ridgway, III C: Mr Kenneth Edwards DEPARTMENT OF PLANNING COL ~TY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DIRECTOR OF PLANNING February 2, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Rita M. Cushman, Trustee Northeasterly side of unimproved right-of-way approximately 3000 feet southeasterly from East End Road, Fisher's Island, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on February 1, 1989, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Rita M. Cushman, Trustee" referred to it pursuant to Section A14-24, Article XI¥ of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following nine conditions that are deemed necessary to help preserve the natural and aesthetic attributes of Block Island Sound. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top edge of the bluff. There shall not be any structure providing access to the beach constructed on the face of the bluff as is shown on the subdivision map. Access to the beach shall be limited to the flatter areas along the shoreline of each lot. Within 50 feet of the top edge of the bluff there shall not be any grading except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I., NEW YORK ll7BB Minor Subdivision - Rita M. Cushman, Trustee Page 2 5. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. The private road, (the private road does not have a name), that serves as access for this property shall be brought up to Town specifications and standards. The owner of this property shall make an offer to dedicate to the Town of Southold for highway purposes his interest in the private road, (the private road does not have a name), that serves as access for the property. Conditions 1-5, inclusive, 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 $outhold 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. 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. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. Conditional approval of this subdivision does not in any way imply approval of the layout of future subdivision of this tract presently under consideration. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. According to the map it appears that an adjoining parcel is also owned by the subdivider. It is felt that this adjoining parcel should have been included as part of this subdivision to insure better subdivision design, coordination of subdivision activity in the area and preservation, where possible, of open space. Minor Subdivision - Rita M. Cushman, Trustee Page 3 5. A study should be undertaken to ascertain how an adequate road system can be developed for this area to insure that each lot has adequate access and that each lot can be quickly reached by emergency equipment. An effort should also be made to get the property owners in the area to dedicate their interests in the rights-of-way, where necessary, and other lands necessary to develop an adequate road system. File: S-SD-82-20.1 CGL:mb Encl.: Map Very truly yours, Arthur H. Kunz Acting Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1989 Stephen L. Ham 45 Hampton Road Southampton, NY 11968 RE: Rita M. Cushman SCTM #1000-8-1-6.3 & 6.4 Dear Mr. Ham: The following action was taken by the $outhold Town planning Board on Monday, January 9, 1989. RESOLVED that the Southold Town Planning Board start the Coordination process to determine Lead Agency and Environmental Significance. If you have any questions, please do not hesitate to contact this office. Ve r~v~ t ru ly yours, /f .... __/ /// , BENNETT ORLOWSKI , JR. ' CHAIRMAN enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Rita M. Cushman Requested Action: Lot line change on 10.60 acres SEQRA Classification: [ ] Type I ~XX] Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in~eing lead agency. Planning Board Position: [XX] This agency wishes to asstune lead agency status for this action~ [ ~'~ This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. CC: _Board of AppeaSes _Board of Trustees _Building--Department Southold Town Board *_~Suffolk County Dept. ~YSDEC- Stony Brook Sincerely, ~BENNETT ORLOWSKI, JR. CHAIRFiAN of Health Services _S.C. Dept. of Public Works _U.S. Army Corp of Engineers _N.Y.S. Dept. of Transportation * Maps are enclosed for your review mr Coordinating agencies ~[ATTYItgWS ~ HAM 4~ ~tAMPTON I~OAD SOUTHAMPTON, IN-. ¥. 11968 FAX: (516) 287-1076 t U 1989 SOUTHOL? ~, PLANN ~ G ~:,~ January 9, 1989 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Lot Line Change for Rita M. Cushman Trust Gentlemen: I have represented the Rita M. Cushman Trust in connection with the referenced application which, as I was advised on Friday, is on the calendar for a public hearing at this evening's meeting. Due to a prior commitment, I will be unable to attend the hearing. I am therefore writing to express support for the lot line change as proposed. The purpose of the proposed change is to provide the structure on Lot 2 with a greater degree of privacy from the structure on Lot 1. As you are aware, the resulting lots will both be well in excess of the minimum area requirement following the change. If there are any further questions concerning the application that require public testimony, please adjourn the hearing to your next meeting. Otherwise, please proceed with the hearing and advise me if you will require any further information prior to making a determination. I will be happy to obtain and supply you with any additional information you may need. Very truly yours, Stephen L. Ham, III SLH: ja TRANSMITTED BY TELEFAX Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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) (Minor Subdivision; ~%\c~ Tax Parcel Identifier No. (oOO - Material Submitted: Minor Subdivision - Class A(3 Major Subdivision (3 Copies) Preliminary Map (i copy) copies)~ Class B (2 copies) ; Topogra:~nic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 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: ~Q~ A ~ ~ ~ ~ ~ ~ 9~x~r~ ~ ~ ~ A' /",~ Very truly yours," Bennett Or] ~,.,~v- -,- DAY, BERRY & HOWARD Oounsellors at Law Stamford, Hartford and Boston Robert J. Miller 977-7327 One Canterbury Green Stamford Connecticut 06901 ' ~ ~--~Telephone 203) 977-7300 ~ ~, ITelex 99324 BEF; i : SOUT; PLAN .......... ........ -cc:r~er 14, 1988 Mr. Kenneth Edwards Fishers Island, New York 06390 Re: Rita M. Cushman, Trustee-Tax Map #1000-8-1-6.3 & 6.4 Dear Ken: I am writing to you as a member of the Southhold Town Planning Board concerning the pending lot line change request with respect to the above referenced properties. As the adjoining property owner, I have no objection to the proposed lot line change provided that the granting of the lot line change does not permit further subdivision to create additional building lots. I understand that the Planning Board will require a covenant against further subdivision if the lot line change is granted, and I concur that such a covenant is desirable. If it should be suggested that such a covenant not be required, I would appreciate the opportunity to appear before the Planning Board to express my interest in this regard. Thank you for your cooperation. Sincerely, Robert J. Miller RJM:tr ~V~ATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHA~PTON, N.Y. 11968 516 - 283 - ~4OO F~: 5~6-287-1076 : oeo 718 8 SOOTHOLD TOWN BOarD December 6, 1988 Planning Board Town of Southold Main Road Southold, NY 11971 Attn: Melissa Re: Lot Line Change for Rita M. Cushman, Trustee Dear Melissa: In connection with the referenced matter, I have enclosed the following: 1. Application for Approval of Plat, together with legal descriptions of the parcel to be transferred to effect the lot line change and of the lots as they will exist following the transfer. 4. filing fee. 5. change. Letter re grading, roads, drainage, etc. Short Environmental Assessment Form. Check to the Town of Southold for the $50.00 Eight prints of a survey showing the proposed As you know, an application for a minor subdivision affecting this property was submitted in July. I learned in October that it was not being processed since the proper application was for a lot-line change. Given the substantial delay that has resulted, I would appreciate it if you would give this application your immediate attention and advise me right away if you will require any further information or documentation before it can be placed on the calendar. Sincerely, Stephen L. Ham, III SLH: ja Enclosures November ~, 1988 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Lot Line Change for Rita M. Cushman Trust The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral ~o the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads ~re proposed a~nd 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, RITA M. CUSHMAN TRUST Ste Ham, III, attorney for Rita M. Cushman Trust Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 3, 1988 Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, NY 11968 RE: Application of Rita M. Cushman Trust SCTM# 1000-8-1-6.3 & 6.4 Dear Mr. Ham: Enclosed please find the returned application for the above. Please resubmit as a Lot Line application. The Planning Board will proceed with their review upon receipt of revised maps and a new application fee and application form. Please contact this office with any questions. Very truly ~your~? ! BENNETT ORLOWSKI, JR. CHAIR~N ": '- '-~"1' ~ . ~{ If %~~ %-- '[ ~ ~ ( has been approved by ~he S~ffolk County Plannzn~ / ~~~," / ',, ~ ~ ~/ / ~~ ¢ ~ ' ,, ~. ~, ,, . ,, _ ~ ~ ~ u~ IZ ,:~/..?/ % ~z~~~? .~*"/I/ / / ~'k ~ / , ,t Pll I YO~"'/ " "' ~ ~ ~ ¢ ":, NEW .. ~-'k ,. ,' ' ~ .z %/// / ; ,, .. ,- ,, , ,¢ ~ ~ ~ ~// / . ~. ~ ....... , 1988 COUNTY OF SUFFOLK To~¢o SOL)T.~IOL~D ~ ......... Property Tax Serv,ce Agency ...... ,or 008 · Mille[ .... M.~tler ' 22-,4., MIDDLE FARMS POND ~idClIe FtBHER$ I3LAI~b, NEW YOP-,.g.