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HomeMy WebLinkAbout1000-9.-3-13 0 F ONOLFE (-OFFEYI ET. AL. R i' � ! : a .3 z s�bo" 4s co• E I Lo. s - - -- - s 11' �✓ ~o' ,'' \/ �`''.���` �? �� �•- F r-_____ —_ _ _ ._,__ ._ ._ _- _ _ W 1a'S45,e''�J'' M°'' I p D '�i .0 � a Q�' �,,�-.moo. ! _✓ sb" ,v' c,s" e . H5 °. �-%y'9z oa � 1 30 - IS �/, _ 5 63a 2r 05, l F . �/ D-1 1 � O ""n. \ - - =. lnl..� w-,i � -- -'""_ ".---' .. µ..J�Y,P ep $; � i•Z � � i LP R ti ..,\�° � ✓✓✓���\J �� Jam. j� �^ ��(., C:S V' ly 4�—Y�, T A AC ACRES 3�' "IS L111 Isq IV 19 70 ` \ Xl 20 ! ` \ 1 a•v x.y1.1 � .1 lk Is vv bg'. 1 Q 'j M 84•s%, 45"E his. I > l �. In 1 I p U B,80, az�, 0 / / m ', S W, V 3T.8 Y S.1`t�2�•g5 <M � 1 \ ro.9 22,QtY � 4 y . •ck oQ* s j . >vs,; ', ,,•'-.�, . ,, NOTES . , 1, OWn1Er ^ '`'U5DIVIDEP, br,1`5COE SMIYN ET, EL . `1(n �• - 1' D MAMLIWr ,AOZESS'. 'I CHASE MAtJHATTAI.1� PLAZA I COOM 4�Oc' QJ W YOr-< U,'f, 10003Nae'all r' `; fj SITE 15 LOCATED 111 5OFFOL1C COUNTY �I, -Gc• @, o. ' w'_'-� 4's� J Na ` d yam)^ TOWFJ DF '.:OUT-HOLt7 TA)( µAP,y BLOC L� I°j \ 't m \" \l,, g"W~-,._._'�•� ri "\ - 1 ( 3. LOAITD 11$ ARE &ASED Ol•1 ti1sA*1 LD - f o , -r-`,• Z Yjb fp_ �A — R SEINAGE 'DisRos� -7PLA f a ., •\ \d w r r \ £L ";TOWN _ — ---- .5. AKEA OF 5V541V1!510W 4. 15 :t ACeFS a " Y ,T Ham \ �_a9 E G - G. T'C01 gT''f IS t>,1 A K�sID6r„ICYi GEST IC"r J 'GYVE 7 1/\f AY f..x :,VC'F'1:t' �1 4n,�crYn.1. S 'C \ t d. . `�f=.c�. 's.,n,<.wk, Ui K i✓ , Gc.��C o se "e xro Sao 4uo � Doc. I ('\ �M iY, � - LMI Taw ryalla � ' �✓ Lnc4YWN, \ li ra M1 r 1��1 'J ' ` lO+d PLANKA � 00, eol� a. 'P'�'W r � 4 a' . E' IV ter"`'a Yqa•� ' _ CtM��i4p�R 4� jEpF NQ14 i �, I t iti - i_ �l v L: ``v t_�Ir '' ''_r 4:� ti, 1�`•-`� ` ISI ° c N Ww,TER S61PP,.,{ c`ou nw L ra: R^N1S�o�'nEv r+=. KEVI5FDA-10-85 _q•ro„'�PN ). L�.��_.— �+aUA/:s, ,a.ny1n51.4L.LT14,Lg7ev x¢0IT.t1:�_r 4t�-–r�.t ',,�,�.7 • � .4 2e /-p *� __ � .. �Y-++,.��. s•�i �a �_.—r.l'._..^m.�+ �-a -.. ... �--_. .. �—,I.�..�frr"-...�_-..-...—.• ter---, r•_-�.3.-r _-. wry'•-�.�^+;+.w.�. - LL, �FFOLY P D T LD S Ol � r Y Southold, N.Y. 11971 (516) 765-1938 August 1, 1985 Briscoe Smith c/o Milbank, Tweed, Hadley and McCloy ° 1 Chase Manhattan Plaza New York, NY 10005 Re: "Briscoe Smith, Et. Al" Dear Mr.Smith: The following action was taken by the Southold Town Planning Board, Monday, July 29, 1985 . RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Briscoe Smith• Et. Al . " located at Fishers Islan*as submitted to the Planning Board on January 1, 1983 and, filing fee was paid on September 12 , 1984 , and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on May 6, 1985 at 7 : 45 p.m. , and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore , be it RESOLVED that the application of Briscoe Smith Et. Al. for approval of said subdivision plat prepared by Chandler, Palmer, King dated last April 10,1985 , be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following condition - within six (6) months from the date of this resolution: 1 . Filing of the covenants and restrictions ,stating that Lot No. 3 will not be considered a building lot, with the County Clerk. Briscoe-Smit ------------------Page-4 ----------8/1/85 -- ------- --- --- ------ When we are in receipt of notice that the above condition has been met, the Chairman will endorse the surveys . If you have any questions , please don' t hesitate to contact our office. Very truly yours, &� orw La.% Lzc 1��1`Q� BENNETT ORLOWSKI, JR. , CHAI:Li SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 4 1985 DECLARATION OF COVENANTS AND RESTRICTIONS THIS INDENTURE made this day of June, 1985, by BRISCOE R. SMITH residing at 47 Avon Road, Bronxville, New York, i and NANCY WILKS SMITH, individually and as Executrix under the Last Will and Testament of Theodore H. Smith, III , deceased, residing at 50 Greenleaf Avenue, Darien Connecticut, hereinafter called the Declarants. WHEREAS, the Declarants are the owners in fee simple of a certain parcel of land situate at Fishers Island, Suffolk County, New York, and designated on the Suffolk County Town of Southold Tax Map 9, Block 3, Lot 13 containing approximately 4. 15 acres, being a portion of premises conveyed to Briscoe R. Smith and Theodore Hubbell Smith, III, as devisees under the Last Will and Testament of Winifred Bartlett Clark, deceased, and by deed dated 3/26/74 from Frank J. Clark and recorded in Liber 7630 cp 302 on 5/2/74, and referred to herein as the "premises, " being the premises shown on the Minor Subdivision Plan made for Briscoe R. Smith, et al . , dated September 22, 1981 , revised 4/10/85, and WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desire to subject said premises to certain conditions, covenants and restrictions in iorder to preserve the maximum open space, natural scenic beauty I I I, ii it :and natural vegetation and to prevent overcrowding and to con- lserve the ground water resources of the Town of Southold,. and WHEREAS, the Declarants have applied to the Planning Board of the Town of Southold for approval of the subdivision and development of the premises as a Minor Subdivision, to contain not more than four ( 4 ) lots or parcels. NOW, THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion there of is hereby held and shall be conveyed subject to the conditions , covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions , and restric- , tions hereinafter set forth. 1. No lot or plot as shown and designated on the Minor 'Subdivision map approved by and filed with the Southold Town ! Planning Board shall be further subdivided . 2. No dwelling, or other building or structure shall :be erected or maintained on Lot 3 as shown on the Minor Sub- ,division Plan made for Briscoe R. Smith, et al . , dated ;September 22, 1981 , revised 4/10/85. - 2 - f 3. That all of the covenants, conditions and restric- tions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at a —_.__..._ ll times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions , and restrictions shall be binding upon, inure to the benefit of !, and be enforceable by the Declarants, their heirs , successors and assigns; any owner of any portion of the aforesaid premises, ( their heirs, successors and assigns , and the Town of Southold, and its successors and assigns, and the failure of any of the jforegoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, this indenture has been executed the , day and year first above written. Briscoe R. Smith - Nancy Wilks Smith j I� i - 3 - r STATE OF NEW YORK ) ss. . COUNTY OF NEW YORK ) i On the day of June, 1985, before me personally came BRISCOE R. SMITH and NANCY WILKS SMITH, to me known to be the individuals described in and who executed the foregoing instru- ment, and acknowledged that they executed the same. NOTARY PUBLIC I r i Ii ij I I - 4 - I'� MINOR SUBDIVISION 1. 6 copies sketch plan received ✓ spot elevations / sent to Planning Board ✓ 2 . Meet with Planning Board 3 . Required changes sent in writing J� 4 . New submission received 5 . Approval of sketch plan 6 . Sent letter with resolution approving 7 . Application and fee If corporation, affidavit of ownership / 6 copies of final map V : Covenants and restrictions / ` Description of property • Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) / 8 . Public Hearing (within 45 days) V Advertised_.L_Affidavits of publication received 9 . Action by Planning Board (within 45 days) 10 . Sent to County Planning Commission Received County' s recommendations 11 . Filed covenants and restrictions received 12 . Authorization and signing of map 4 QK L \ P D T LD S Y Southold, N.Y. 11971 (516) 765-1938 September 9 , 1985 Mr. Brisco R. Smith One Chase Manhattan Plaza New York, NY 10005 Re: Minor subdivision for Briscoe Smith, Et. Al. Dear Mr. Smith: Enclosed please find a survey for the above mentioned approved proposal which has been endorsed by the Chairman. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMA SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. S,EP 3 1985 ONE CHASE MANHATTAN PLAZA t� NEW YORE 10005 August 29 , 1985 Re: Minor Subdivision Fishers island, New York Briscoe R. Smith, Owner Ms. Diane M. Schultze Secretary Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Ms. Schultze: In the event that the clerk' s office has not sent the Declaration of Restrictions directly to you with proof of recording , I am advised by Ticor Title Guaranty Company that the Covenants were filed at Liber 9850, page 267 on August 13, 1985. With this information, I hope that the Board will be able to finally approve the proposed minor subdivision. Many thanks your cooperation. Very truly yours, ( .�....� S,-A Briscoe R. Smith BRS :me AUG g 1985 MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA INTERNATIONAL SQUARE BUILDING I825 EYE STREET, N.W. NEW YORK, N.Y. 10005 WASHINGTON,D.C.20006 ALEXANDRA HOUSE (212) 530'5000 16 CHATER ROAD CABLE: MILTWEED NEW YORK HONG KONG RAPIFA% 100:530-6219 I COLLEGE HILL 1.T. T. 422962,423693 LONDON EC4R 2RA,ENGLAND BRISCOE R. SMITH W.U. 12-5595 NIPPON PRESS CENTER BUILDING PARTNER 2-I UCHISAIWAI-CHO 2-CHOME DIRECT DIAL NUMBER CHIYO DA-K O,TOKYO 100 (212) 530-5548 August 5 , 1985 Re: Minor Subdivision at Fishers Island Briscoe R. Smith, Owner Mr. Bennet Orlowski Chairman Southold Town Planning Board Southold, NY 11971 Dear Mr. Orlowski : All too frequently, civil servants seem to be road- blocks and adversaries to taxpayers trying to handle admini- strative procedures. Therefore, it is a real pleasure to commend the Board' s secretary, Diane Schultze, for the out- standing help she has given me over the last year and a half. Ms. Schultze clearly explained the Board' s procedures and the other needed approvals. My requests for information were handled quickly and courteously. Her perf9rmance is a credit to the Board. Very truly yours, Briscoe R. Smith BRS :me 1 P D T LD S Y Southold, N.Y. 11971 (516) 765-1938 August 1, 1985 Mr. Stuyvesant Wainwright II Wainscott Road Wainscott,NY 11975 Re: Briscoe Smith subdivision Fishers Island Dear Mr. Wainwright: As per your request, enclosed is a copy of the covenants and restrictions regarding the above mentioned proposal. The Planning Board has placed a condition on the subdivision that these covenants and restrictions be filed with the County Clerk's office. ' If you have any questions, please don' t hesitate to contact our office. �Q(,etruly yours B NNETT RLOWSK , CIHHA NNCA- t/ SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc . LAW OFFICES QUL 2 9 i9 5 STUYVESANT WAINWRIGHT, II WAINSCOTT ROAD WAINSCOTT, L.I.N.Y.11975 (516) 537-3777 521 FIFTH AVE. NEWYORK,N.Y. 10017 (2 121 6S1-5595 July 24, 1985 Hon. Bennett Orlowski, Jr. Chairman, Planning Board Town of Southold Southold, N.Y. 11971 Re: Application of Briscoe Smith Fisher Island Property Dear Mr. Orlowski : Reference is made to Briscoe R. Smith' s application for a Minor Subdivision on Fishers Island. Mrs. Elizabeth P. Cobb withdraws her objection based on the terms contained in the enclosed self explanatory letter. Your attention is called to the fact that Lot 3 would not be a buildable lot. It would be appreciated if the undersigned were supplied with the restrictions involving Lot 3. Thank you for the courtesy offered to me by the Board. Faithfu y yours, Stt�v s Wz nwxeght II CC: Mrs. Elizabeth P. Cobb Briscoe R. Smith, Esq. 0 JUL 2 MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA INTERNATIONAL SOUARE BUILDING 1825 EYE STREET, N.W. NEW YORK, N. Y. 10005 WASHINGTON,D.C.20006 (212) 530-5000 ALEXANDRA HOUSE 16 CHATER ROAD CABLE: MILTWEED NEW YORK HONG KONG RAPIFAX 100:530-5219 I COLLEGE HILL 1.T. T. 422962,423693 LONDON EC4R 2RA,ENGLAND BRISCOE R. SMITH W.U. 12-5595 PARTNER NIPPON PRESS CENTER BUILDING DIRECT DIAL NUMBER 2-1 UCHISAIWAI-CHO 2-CHOME (212) 530-5548 July 25, 1985 CHIYODA-KU,TOKYO 100 Re: Minor Subdivision at Fishers Island Briscoe R. Smith, Owner Mr. Bennet Orlowski Chairman Southold Town Planning Board Southold, NY 11971 Dear Mr. Orlowski : This is to advise that Stuyvesant Wainwright and I have negotiated a resolution of his client' s objections to my application for approval of a minor subdivision. I understand that Mr. Wainwright is writing to the Board formally withdrawing his client' s objections. Because this application has been pending for such a lengthy period of time, I am concerned that if there is still more substantial delay the purchaser of one of the subdivided parcels will decide to purchase another summer home. Accordingly, I respectfully request that my applica- tion be considered at the Board's meeting on July 29 . If I can provide any further information, I would be most happy to do so. Res ectfully submitted,c u�L Briscoe R. Smith BRS :me cc: S. Wainwright, II, Esq. � �Lh `J U L 2 91985 ONE CHASE MANHATTAN PLAZA NEw YoAx 10005 July 17 , 1985 Stuyvesant Wainwright, II, Esq. Wainscott Road Wainscott, New York 11975 Dear Mr. Wainwright: I have tried to reach you for some time to straighten out if possible Mrs. Cobb's objection to my efforts to sell Seven Gables. The matter is now of some urgency since I was granted a 60-day extension of time by the planning board to afford us an opportunity to settle such differences as there still may be. The sixty days would expire on August 20. To summarize the situation: (a) neither I nor my family have any current interest in developing Lots 3 and 4 ; (b) I have told the planning board that we would restrict Lot 3 such that it would never be a building lot; (c) on May 23 you wrote me stating that Mrs. Cobb "would be willing to trade rights of first refusal on the properties in question: namely her piece and Lots 3 and 4 . " I have agreed to that request. My purchaser has been waiting for many months to take title. Indeed he planned to close this Spring. He is now growing discouraged and may well seek to find another place on the island. Although I could find another buyer, I doubt that one as attractive as a neighbor or more commited to the fine things about the Island could be found. I have done everything I reasonably could do to satisfy Mrs. Cobb that the transaction for which I seek approval will not in any way interfere with her use of her ri ti property. I would hope that she would now be in a position to withdraw her objection before the planning board. I would be grateful for word from you on this matter which is of particular concern. Very truly yours, OW'Mc.SM'M- Briscoe R. Smith i # �FFO(!r P D T y LD S Y Southold, N.Y. 11971 (516) 765-1938 July 18 , 1985 Mr. Briscoe Smith Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re: Minor subdivision for Briscoe Smith at Fishers Island Dear Mr. Smith= As per my conversation with you on this date, enclosedtis a copy of the agreement between Winifred B.Clark and Elizabeth Parkinson regarding the above mentioned property. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN Oi k AWN PILAING BOARD ,L.**, By Diane M. Schultze, Secretary enc . AGREEMENT made this day of November, 1950 between 'AINIFRED B. CLARK of the Town of Greenwich, County Of Fairfield and State of Connecticut hereinafter known as the Seller and ELIZABETH PARKINSON of the Cit i City, County and i NeW jJY'iS II,!vuU1E,-I'1.6 IvnQJTL a, �11t _a1y Br. W I T N E S S E T H The Seller agrees to sell and the Buyer agrees to buy: All those certainlaces P , parcels or tracts of land located on Fishers Island, Town of Southhold, Suffolk Countyy New York with the buildings and other improvments thereon more particularly described in Exhibit A hereto attached. Together with all riparian or shore rights which .r... - rentor ,ray Piave by rea�ou i>1' tir.0 tr and C on Hay Harbor. Subject to the taxes for the current fiscal year not yet due and payable. Subject to restrictions of record set forth in Exhibit B hereto attached. The Grantor further covenants and agrees to give the w k�d1 Rnt...in J, i ro wca{oT Grantee the first refusal to purchase at the price bid tract D as shown on the map entitlea "The Studio un 11Harboo r with garage lot The Fishers Island New York Property of Winifred B. Clerk Nov. 1949." Made by Ernest C. Daboll, Civil Engineer, New London, Connecticut and sore particularly an tend includlnq rrccf D. .M described in Ez�ibit C,hsuch recusal to last se�S days after notice to the Buyer of a bona fide offer to buy said tract. The Grantor further agrees that neither :hu nor her successors , heirs or assigns will permit any building or other structure on a certain area or land described as follows: <v - I`i i Beginning at the Northwest corner of, traot A hereln r described in Exhibit A running thence along the boundary Grantor South 700 30' East bb feet; thence on �-, line at right angles to the above mentioned course in a Northerly direction 17 feet thence North 760 309 West to the shoreline of Hay Harbor; thence along said shoreline 17 feet more or less to the point or place of beginning. i The Grantor further agrees that she, her heirs, successors or assigns will permit the Grantee, her heirs, Isuccessors or assigns to out back the foliage on ansrea of I land described as follows: b _. ....- arter described in j�,xhibit A running, thence along, the boundary line between said tract A and other land or the Grantor South 760 30t East 40 feet; thence in a Northerly i direction 50 feet to a point which is South 760 30' East 40 II feet from the shore of Hay Harbor; thence North 760 30' West 40 feet to the shoreline of Hay Harbor; thence along the shoreline of Hay Harbor 50 feet more or less to the point or �I place of beginning.�r Since the survey referred to herein and in various Idesoriptions :oontained in this agreement is not a filed map, the Soller,agrsss .the* the�desd ahall'eentain such desorlp- tions of the premises being conveyed and of other premises with respect to which the Purchaser is obtaining rights hereunder as may be desired by the Purchaser provided that such new descriptions describe the identical property or prop- erties described in this agreement . The Grantor further agrees to grant a right of way over the existing 18 foot driveway running over other prop- arty of the orantor to Eouestrian Avenue as shown on said utilities in from j;questrian Avenue. The Grantor further grants an easement over her other property for the use, maintenance and replacement or the present electric light , telephone and water lines in their present location from the property hereby granted to Equestrian Avenue reserving however to the Grantor, her heirs and assigns the right with the Grantee and others to whom the right may have been granted the right to use, to main- �I tain, to replace and to relocate said lines over or under The Grantee further covenants and aKree ti:at. ti: property described in Exhibit A hereto attached shall not {I be sub-divided and shall be used only for a single one family residence with the customary outbuildings including servants quarters thereto appertaining and that said property shall at no time be used for the purposes of a club, boarding I, house, hotel or any other business. The purchase price is $20,000 payable as follows: $2,000 on signing and exchanging this contract receipt I whereof is hereby acknowledged and X18,000 in cash or by I certified check at the date of closing hereinafter provided. I The Seller agrees on receiving such payment at her pr•opul C -1. :,nd expense to execute , acknowledge and de- liver to the purchaser a bargain and sale deer in tht: :;hurt force provided by the laws of the Mate of New York without -3- ��-.vr-n�.nty except tf_e usual lien law covenant conveying Lhe saia property free and clear from all encufabrbnces except as aforesaid and granting the rights with respect to other cr _ certy or the Feller as hereinabove set forth . Tt.e L1. L: LUve, 1" doors and storm sash, if any, in use on the premises. Taxes shall be apportioned according to the current fiscal year. Insurance shall be apportioned as 02' the date of, Closing according to the life of the various policies in effect on said premises. All sums paid on account of this contract ana the reasonable expense for the examination of the title to said 11 t.L t;Ull tlnUe aYte I• default by uhe FUyer If the Seller shall be unable to deliver or cause to be delivered a deed or deeds conveying a good ana marketable title to said premises, subject as aforesaid, Payments made on this contract shall be refunded to the Buyer together with reasonable expenses incurrea for the examination of title not exceedinp the usual ch.;r; es ci title insurance companies and all other obligations oI• the reto u p rties he thia contract shall thereupon cease. The deed Shall be delivered on the �.1 November, 1 3',�th day of 950 at 11 o'clock in the morning at the office I Of Lord, Day & Lord, 25 Broadway, New York 4, New York. All risk of loss by fire shall remain with the Seller until the pas_inr• of title. It is understood that the st11Julation� a!'ores ,id arQ -4- appip to enc bind tiie heirs , executors , a'. rini trr.:tors anc assigns of the respective parties. IN 71ITNESS IHFREOF the parties hereto have hereunto set, tt:Fir hands end see? s tte de;• •:n. v,,.r 'i ., wrlccen _ y _. Gr, this �v� day cP � . 135C ba or,. !ne t ' LO fil ti-3 L title executed th, same. r fi STATE OF NEN YORK ) �I COUNTY OF personally came ELI'�ABLTFI 1�,tY,.liT�O1V 't0 me kit0.v:, .na tino�hu jl! to we to be the person mentioned ana described in, and who l executed the foregoing instrument, and she duly acknowledged to me that she executed the same. I r All those three certain pieces or parcels Cf land on Fishers Island, Town of Southhold, County o?' Huffclk dna said plan being entitled "The ;studio on Hay Harbor with Garage lot, Fishers Island New York Property of Winifred B. Clark Nov. 1949--Scale 1 inch equals 20 feet. " PARCEL A in area 0.35 acres more or less with a cottage and other improvments thereon known as "The Studio" bounded and described as follows: Beginning at the North Westerly corner of Parcel A herein described which point is formed by the intersection Of the Northerly bounderY line between said pare ;l and Other land of the Grantor and the shoreline of Hay Harbor; thence South 760 30' East 40 feet more or less to a stake near the top of the bank 17.06 feet North Westerly from the Northeast corner of the Studio building as it now stand thence in the same course 760 301 East 66 feet; thence North SS° 22' East along other land of the Grantor 34 feet to a corner stake; thence still along other land of the Grantor the following courses and distances: South S° 23' East 67.1 i feet- South 130 59' East 59.6 feet to the Northeast corner of treat B her.. atter described; thence along the Northerly bou"", `ot tract '+so4 A X30 11 Masi`,304 foot to a ataks and angle point being the North Easterly and of m 1S foot right of way leading in a Southerly direction to Equestrian Avenue; thence in part across the end of said right of way I l rt ticn- the Northerlyboundary of tract C herei—'n—" .:e: cribed North 790 54' S'Jest 60 feet more or less to the shoreline of Hay harbor; thence along the shoreline of Hay Harbor 170 feet more or less to the point or place of beginning. - iu '-rt,u J. 11 tett.; buildings and other improvments thereon standing bounded and described as follows: Beginning at the Northeast corner of said tract of j land at a point formed by the intersection of the boundary line between Parcel A herein described and Parcel B herein described and the Westerly line of other land of the Grantor; thence along other land of the Grantor the folbwing courses and distances: South 260 49• East 51.5 feet South 550 V East 26.5 feet to a corner; thence South0 r 34 53 west 81.15 feet to a corner; thence North 550 7' :'least 69 .85 Easterly side of the right of way hereinabove referred to; thence along the Easterly side of said right of way the following courses and distances: North 80 61 East 3.85 feet North 320 42' East 27.75 feet,'North 60 33' West 32.75 feet; thence along Parcel A herein debcribed North 830 ill East 30 feet more or less to the point or place of beginning. I SubJect to a right of way 10 feet wide as shown on said map. PARCEL C in area 0.04 acres more or less bounded andi, described as follows: D"UMiag at the Northwest corner of this tract at a point where tho boundary line between tract A and tract C herein described intersects the shoreline of Hay Harbor; thence along the Southern boundary line of said tract A South 790 54' East 9 feet more or less to a stake in said boundary line ;ll -2- i ci)U-se in said bouL,4ury lir,, ''South 746—'— '4' `;sst 32.2 Peet to the Westerly side of the richt oP way above mentioned; thence along the Westerly side of said right of way the following courses and distances; South 6e 33' East 31.8 feet; South 320 42' 4est 22 feet to e corner; 54. 3 Peet to a cross on a boulder in the shorriinv o ?iay Harbor; thence along the shoreline of Hay Harbor 24 feet more or less to the point or place of beginning. I i I I' i Mum-.,__..... Dated 21 October 1903 ux. Aek'd 21 October 190) Liber 74J lu`;o `..i'� AND the said of the second part for his heirs and assigns does hereby covenant and agree with said parties of the first part, their heirs and assigns that the followings covenants and agreements herein contained shall run with the property, I FIRST: That the said party of the socozd part shall. build and maintain all such fences as shall be desired or r, yuired for the proper enclos.:r�• coat and SECOND: That the said party of the second part �+ ll. not permit or erect or allow to be erected on the said premis s any brewery, distillery, bakery, slaughter house , or soap, candle , oil, starch, varnish, vitriol, glue, ink, turpentine, leather or sugar factory or any other dangerous, noxious or Offensive establishment or business whatever. THIRD: That the said party of the second part will not sell or allow to be sold on the said premises any alcholi spirituous or JAtoxiceting liquors of any nature or kind what , soever. A FOURTH: That the said party of the second part will Inot permit or erect or allow to be erected or maintained on tLo said premises any wherf or pier other than ;ueh as might ba necessary for a yacht or pleasure boat and vvi.li not permit i n ,t _or.... ,, a a,ect or illow to be are-tml a Liie banch or sY,ore h3rein convayed any buildings or structaras !.:. J3ary for ,,uiapit. FIFTH: That the said party cP th„ second part, ilia heirs or assigns will not dig or allow to be du, any wrell within twenty five (25) feet of the western line of land so conveyed. COVENANTS AS IN LIB-`R 246 OF DADS PAGE 318 and I14 LIB12 246 PAGE 322. James H. Lyles with George H. Bartlett "AND it is hereby covenanted and agreed by the party vey:ance is made upon the express condition that all such fencing as shall be desired or required for the proper en- clousre of the premises hereby conveyed shall be done by tho party of the second part his heirs or assigns and no part of the expense thereof shall tie chargeable to or borne by said party of the first part." "AND the said party of the second part for and in consideration of the conveyance of the above mentioned and described lands and premises made by these prasants hath oovenanted and agreed and by these presents doth for his heirs and assigns owning or having at any future time any estate right, title or interest ii and to the above da >orib•33 i laiids and premises or any part thereof, eovaiian� ;lr. ares to and with the said party of the first part his successors and assigns that there shall not be erected or alloyed to be -2- V . :.r Lur' 11tiI.d factory �r any factory for tunrlii,6, :3kin3, hides cr leather jr any su,.;:,r :i itaii b6 used or OC.^.Up.ied for any :3uch purpc,se cir �i;lPpJsd'iy and that the covenants and agreements herein contaillej on t:rt part of the %aid party of the second part his heira dnd assi "'J i shall run with the land and shall be obligatory on avary per- son and persons corporation and ecrperutions owning the sarat; or having any estate right, title or interest therein that would enable them or any of them or either of them to viul: te � any of the said covenants or agreements". I i i I I I I i.i i-1`P C BLL innjn:, at a Foirit in the Westerly side of the right of way leading frcm Parcel A ,as shown on the map here- inabove referred to which point is formed by the intersection - r t-.tAe.gn c., .,., , � t , , :­on � i ; L,,; LuQ :end Parcel ,j hereinafter described; thence along-. the Southern boundary line of said Parcel C North 480 44' West 54.3 feet to a cross on a boulder in the shoreline of Hay Harbor; thence along the shoreline of Hay Harbor 29 reet more 'or less to a cross on a boulder in said shoreline ; thence 66 feet more or less^to the point or place of begin- ning. I l FISHERS ISLAND nNEW YORK 06390 C pn Q u1L O w l� l ria Ifi a� 2. LA LO YK l7 LCA / q�c_ l cVlAr G i...ti l oC o-6 /L / e c P �h e�i �✓� o�pr - /U vLL-/Zt 1 QjLL,—k) CT X11.1 7•i5-�S c�vev ' FISHERS ISLAND 11 NEW YORK 06390 c� c/ L �2 /� ✓ o C LA S �; s t7 fi F ; rtti �,Llati _o � +-t' h' G.-' ox� 1 i� I � // , [-�- 1 kLocL /-d T LD 5 Y Southold, N.Y. 11971 (516) 765-1938 June 21 , 1985 Mr. Briscoe Smith Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re : Minor subdivision for Briscoe Smith Dear Mr. Smith: The following action was taken by the Southold Town Planning Board, Thursday, June 20, 1985. RESOLVED that the Southold Town Planning Board grant a 60 day extension on the action on the minor subdivision of Briscoe Smith located at Fishers Island. If you have any questions, please don't hesitate to contact our office . K truly your�s ,� BENNETT ORL SKIS, R„ AI MANN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary :JUN 14 19850 MILBANK, TWEED, HADLEY & MCCLOY I CHASE MANHATTAN PLAZA INTERNATIONAL SOUARE BUILDING IB25 EYE STREET N.W. NEW YORK, N.Y. 10003 WASHINGTON,O.C.20006 ( ALEXANDRA HOUSE ZIZ) BJO-5000 16 CHATER ROAD CABLE: MILTWEED NEW YORK HONG KONG RAPIFAX 100:530-5219 1 COLLEGE HILL I.T. T. 422962, 423693 LONDON EC4R 2RA,ENGLAND BRISCOE R. SMITH W.U. 12-5595 PARTNER NIPPON PRESS CENTER BUILDING DIRECT DIAL NUMBER p p 2-1 UCHISAIWAI-CHO 2-CHOME (212) 530-5546 June 11, 1905 CHIYODA-KU,TOKYO 100 Re: Minor Subdivision at Fishers Island Briscoe R. Smith, Owner Mr. Bennet Orlowski Chairman Southold Town Planning Board Southold, NY 11971 Dear Mr. Orlowski : Ms. Schultze has advised me that Stuyvesant Wainwright, Esq. , representing Mrs. Parkinson-Cobb, has .lodged another objection to the proposed subdivision. I do not yet know the exact nature of the objection because neither Mrs. Cobb nor her lawyer advised me of its nature before the Board's meeting. In any event, this letter is to request an extension of sixty days to permit me to resolve, if possible, Mrs. Cobb' s objection. Of course, I would hope that the matter could be resolved well within that time- frame. Respectful submitted, Briscoe R. Smith BRS :me ti IJ. �1 ga') a C� �LtA q)--R-ujo-`JI LA SAV 291985 OFFI ORNEY m ROBERT W.TASKER D TELEPHONE Town Attorney " (516) 477-1400 1 x� 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 May 28, 1985 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision of Briscoe Smith Dear Mr. Orlowski: 1 have reviewed the Declaration of Covenants and Restrictions with respect to the minor subdivision of Briscoe Smith sent to me by your letter of May 24, 1985, and find the proposed declaration acceptable as to form. Yours very truly, �� Q), (/"� ROBERT W. TASKER RWT :aa �h �FFOL/r P �� D T .Y ' LD Southold, N.Y. 11971 (516) 765-1938 May 24 , 1985 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Minor Subdivision for Briscoe Smith Dear Mr. Tasker: .Would you please review the covenants and restrictions that have been enclosed and advise our office if they are m ceptable for filing and recording in the office of the County Clerk. The Planning Board requested covenants and restrictions as to no building on Lot no. 3 and no further subdivision. Thank you for your assistance in this matter. Very truly yours , BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ONE CHASE MANHATTAN PLAZA NEWYORK 10005 MAY 24 1985 May 21, 1985 Re: Minor Subdivision Fishers Island , New York Briscoe R. Smith, Owner Ms. Diane M. Schultze Secretary ]?lanning Board :Gown of Southold Suffolk County Southold, NY 11971 Dear Ms. Schultze: I enclose a Declaration of Covenants and Restric- tions, as requested, which prohibits the construction of a building on Lot 3 of our Minor Subdivision. I would be very grateful if you could refer this as quickly as possible to the Town Attorney so that the Board may be able to act on June 10th. I would be happy to speak with the Town Attorney over the telephone if changes are deemed necessary, all to the end that we may be in a position to have a final sub- mission on June 10th. Ver truly yours, Briscoe R. Smith BRS :me Enclosures y cc: Kenneth L. Edwards, Esq. ��`b' JA/ . Soon `i`la MAY 22 1985 gishms Aland, T,w lqozk MAY 2 01985 May 13, 1985 Hon. Bennett Orlowski , Jr. Chairman, Planning Board Town of Southold Southold, NY 11971 Dear Mr. Orlowski : We would like to express our opposition to the application of Mr. Briscoe Smith to subdivide his property on Fishers Island that borders Hay Harbor. This particular area of the harbor , including Mr. Smith 's property, has certain uniquely favorable characteristics for wildlife, including a freshwater spring near the shore that attracts a variety of birds : herons , egrets , swan, geese, ducks and other forms . The brush and thickets inland from the shore provide a favorable habitat for songbirds and other wildlife . We do not feel that additional building units along the harbor are in the best environmental and aesthetic interests of the harbor - an important recreational and shellfishing area - or of the Island. The incidence of coastal water pollution by nearby septic systems has increased markedly in many areas of New England during the past few years, and Hay Harbor is equally vulnerable to excessive development. Thank you for you consideration, and we hope that the request by Mr. Smith is not granted by your board. Sincerely, O.H. Matthiessen G.C. Mattthiessen ONE CHASE MANHATTAN PLAZA MAY 171985 NEw YORK 10005 May 13, 1985 Re: Minor Subdivision Fishers Island, New York Briscoe R. Smith, Owner Ms. Diane M. Schultze Secretary Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Ms. Schultze: I would appreciate your bringing copies of the enclosed letter to the attention of Mr. Orlowski and to other members of the Board prior to the meeting on May 20. I appreciate your cooperation. Very truly yours, ,�.......,�. S.....11 Briscoe R. Smith BRS :me r MAY 171985 MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA INTERNATIONAL SQUARE BUILDING IB25 EYE STREET, N.W. NEW YORK, N. Y. 10005 WASHINGTON,D.C.20006 ALEXANDRA HOUSE (212) 530-5000 16 CRATER ROAD CABLE: MILTWEED NEW YORK HONG KONG RAPIFAX 100:530-5219 I COLLEGE HILL I.T. T. 422962,423693 LONDON EC4R 2RA,ENGLAND BRISCOE R. SMITH W.U. 12-5595 NIPPON PRESS CENTER BUILDING PARTNER 2-1 UC HISAIWAI-CHO 2-CHOME DIRECT DIAL NUMBER CHIYO DA-K U,TOKYO 100 (212) 530-5546 May 13 , 1985 Re: Minor Subdivision at Fishers Island Briscoe R. Smith, Owner Mr. Bennet Orlowski Chairman Southold Town Planning Board Southold, NY 11971 Dear Mr. Orlowski: Ms. Schultze has furnished to me, at my request, copies of materials submitted in connection with my applica- tion for a minor subdivision. Ms. Schultze also advises that a written response is not out of order and that such a response might be circu- lated to the members of the Board for consideration at the May 20th meeting. Mailgram of Marion O. Schlabach Mrs. Schlabach now owns the parcel abutting pro- posed Lots 2 and 3 (NIF Kernan) . I believe that the work of Chandler, Palmer & King with respect to the acreage and contour lines is accurate and complete. Lots 1 and 2 are already improved by summer cottages. The "long one lane driveway serving two large homes" was in place and has been used to service two houses for many, many years -- indeed, long before Mrs. Schlabach purchased adjoining property. The use of the driveway will remain the same if the sub- division is approved -- i.e. , it will still service two houses, the same ones it has serviced for many years. It would seem that Mrs. Schlabach' s property has adequate parking. In any event, her dissatisfaction with her own parking facilities should not be a valid objection to the proposed subdivision. Mailgram of Helen Braun With respect to current acreage, I refer to the work of Chandler, Palmer & King. The State environmental authorities have addressed the ecological impact of the pro- posed subdivision and have found no objection. Use of the surrounding land has not changed in any way since Mrs. Braun built her house. Mailgram of Peter and Susie Brinckerhoff As the file reflects, the application for sub- division was made before the minimum zoning requirements were changed and the Planning Board has not objected to the subdivision on these grounds. r Objections of Mrs. Parkinson-Cobb I am not aware of the specific objections of this adjoining owner. However, she was advised of my plans and afforded an opportunity to protect her property but she was not interested. Letter of Department of Planning , County of Suffolk, Dated May 3 The proposed subdivision, contrary to the view of the Department of Planning, will not "result in the creation of a land-locked parcel . " The parcel in question (Lot 1) has been laid out in the existing configuration for close to 100 years. The use of Lots 1 and 2 will not change under the proposal . The location of Elizabeth Field is evident to anyone who is familiar with the premises. Aircraft activities have not in my experience proved bothersome. I have no reason to believe that the Suffolk County Department of Health Services has not properly considered the proposed subdivision in granting its approval . Very truly yours, Briscoe R. Smith BRS :me MILBANK, TWEED, HADLEY & MCCLOY MAY 161985 1 CHASE MANHATTAN PLAZA INTERNATIONAL SQUARE BUILDING 1825 EYE STREET N.W. NEW YORK, N.Y. 10005 WASHINGTON,D.C.20005 ALEXANDRA HOUSE (212) 530'5000 18 CHATER ROAD CABLE: MILTWEED NEW YORK HONG KONG RAPIFAX 100:530-5219 1 COLLEGE HILL I.T. T. 422952, 423893 LONDON EC4R 2RA,ENGLAND BRISCOE R. SMITH W.U. 12-5595 NIPPON2-1U PRESPREM CENTER BUILDING PARTNER 2-I UCHISAIWAI-COO 100 (212) 530-5545 ME DIRECT DIAL NUMBER CHITO DA-K U,TOKYO 100 May 13 , 1985 Re: Minor Subdivision at Fishers Island Briscoe R. Smith, Owner Mr. Bennet Orlowski Chairman Southold Town Planning Board Southold, NY 11971 Dear Mr. Orlowski: Ms. Schultze has furnished to me, at my request, copies of materials submitted in connection with my applica- tion for a minor subdivision. Ms. Schultze also advises that a written response is not out of order and that such a response might be circu- lated to the members of the Board for consideration at the May 20th meeting. Mailgram of Marion O. Schlabach Mrs. Schlabach now owns the parcel abutting pro- posed Lots 2 and 3 (N/F Kernan) . I believe that the work of Chandler, Palmer & King with respect to the acreage and contour lines is accurate and complete. Lots 1 and 2 are 6' 0 0 already improved by summer cottages. The "long one lane driveway serving two large homes" was in place and has been used to service two houses for many, many years -- indeed, long before Mrs. Schlabach purchased adjoining property. The use of the driveway will remain the same if the sub- division is approved -- i.e. , it will still service two houses, the same ones it has serviced for many years. It would seem that Mrs. Schlabach' s property has adequate parking. In any event, her dissatisfaction with her own parking facilities should not be a valid objection to the proposed subdivision. Mailgram of Helen Braun With respect to current acreage, I refer to the work of Chandler, Palmer & King. The State environmental authorities have addressed the ecological impact of the pro- posed subdivision and have found no objection. Use of the surrounding land has not changed in any way since Mrs. Braun built her house. Mailgram of Peter and Susie Brinckerhoff As the file reflects, the application for sub- division was made before the minimum zoning requirements were changed and the Planning Board has not objected to the subdivision on these grounds. a - 3 - • Objections of Mrs. Parkinson-Cobb I am not aware of the specific objections of this adjoining owner. However, she was advised of my plans and afforded an opportunity to protect her property but she was not interested. Letter of Department of Planning, County of Suffolk, Dated May 3 The proposed subdivision, contrary to the view of the Department of Planning, will not "result in the creation of a land-locked parcel . " The parcel in question (Lot 1) has been laid out in the existing configuration for close to 100 years. The use of Lots 1 and 2 will not change under the proposal. The location of Elizabeth Field is evident to anyone who is familiar with the premises. Aircraft activities have not in my experience proved bothersome. I have no reason to believe that the Suffolk County Department of Health Services has not properly considered the proposed subdivision in granting its approval . Very truly yours, �;.-__1.5.._. - I Briscoe R. Smith BRS :me P �FFOLk T 'LD Southold, N.Y. 11971 (516) 765-1938 May 16 , 1985 Mr . Briscoe Smith c/o Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re : Minor subdivision at Fishers Island for Briscoe Smith Dear Mr. Smith: Pursuant to my conversation with you, enclosed is a copy of the draft covenants and restrictions which can be used as a guideline. If you have any questions, please don't hesitate to contact the office. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN U'P'HOLD TOWN PLANNING BOARD By Diane M. Schultze, Secr-etary enc. ONE CHASE MANHATTAN PLAZA tig 1�$5 NEw YORK 10005 `YY May 10 , 1985 Re: Minor Subdivision Fishers Island, New York Briscoe R. Smith, Owner Ms. Diane M. Schultze Secretary Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Ms. Schultze: I am enclosing a copy of Charles T. Hamilton' s letter to me dated April 29, 1985 together with Permit No. 1.0-85-0145. If I can provide further information please let me know. Very truly yours, Briscoe R. Smith BRS :me 1185_ New York State Department of Environmental Conservation Iftwe Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Henry G.WI= Stony Brook, NY 11794 CommhMong (516) 751-7900 April 29, 1985 Mr. Briscoe Smith One Chase Manhattan Plaza 47th Floor New York, NY 10005 RE: 10-85-0145 Dear. Mr. Smith: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and. its implementing Regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact the Regional Regulatory Affairs Unit, NYS Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, New York. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather. Very truly yours, Charles T. Hamilton Alternate Regional Permit Administrator CTH:co's Enclosures PERMIT NO. NEW YORK STATE DTMENT OF ENVIRONMENTAL CONSERVATION 1 O-8S-014S PERMIT M �* UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) X ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) 8 ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Briscoe Smith ADDRESS OF PERMITTEE One Chase Manhattan Plaza, 47th Floor, New York, NY 10005 LOCATION OF PROJECT(Section of stream, tidal wetland,dam, building) -- Little Bay Harbor, Equestrian Avenue, west of intersection with Ocean View Avenue - -- DESCRIPTION OF PROJECT -- Subdivide 43 acre parcel into 4 lots each of 1± acres. TWO lots contain existing homes. COMMUNITY NAME(City,Town, Village) TOWN Fishers Island i Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk December 31, 1986 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any damag€ Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by o hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation o, promptly in writing of the completion of the work, improvement of navigation, or for other purposes, and no claim or right h_ 2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorize, order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre= 3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be Installed and maintaine,- cepted expressly, Nythe execution of the application, the full legal respon. by and at the expense of the owner. sibility for all damages, direct or indirect, of whatever nature, and by whom• 10. All work carried out under this permit shall be performed in actor ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing tc 4. Any material dredged in the prosecution of the Work herein permitted continue, rescind or modify this permit in such a manner as may be found tc shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the cause injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such S. Any material to be deposited or dumped under thistime and manner as the Department of Environmental Conservation may require. permit, either in remove all or any portion of the uncompleted structure or fill and restore the the waterway or on shore above high-water mark, shall be deposited or dumped site to its former condition. No claim shall be made against the State of New at the locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others 6. There shall be no unreasonable interference with navigation by the to perform the permitted Work or as authorizing the impairment of any rights, work herein authorized. title or interest in real or personal property held or vested In a person not a 7. That if future operations by the State of New York require an alteration Darty to the permit. In the position of the structure or work herein authorized,of if, in the opinion 13. The permittee Is responsible fa obtaining an other of the Department of Environmental Conservation it shall cause unreasonable Pe g Y permits, his obstruction to the free navigation of said waters or flood.ifows or endanger project, lands, easements and rights-of•way which may be required for this project. the health, safety or welfare of the people of the State,or loss or destruction of the natural resources of the State,the owner May be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Flood of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding. without expense to the State, and to such extent and in such time and manner 15. By acceptance of this permit the permittee agrees that the permit as the Department of Environmental Conservation may require, remove all or is contingent upon strict compliance with the special conditions on the any portion of the uncompleted structure or fill and restore to its former reverse side. condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 95•20-4(9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS SEE ATTACHED CONDITIONS A - J f Alternate ADDRESS Bldg. 40, SUNY--Room 219 PERMIT ISSUE DATE PERMIT ADMINISTRAT j, pril 29, 1985 Charles T. Hamilton Stony Brook, NY 11794 SUPPLEMPARY SPECIAL CONDITIONS • The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a consplcinus location at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. N. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 DEC 10-85-0145 (516) 751-7900 8 LAW OFFICES ��\, STUYVESANT WAINWRIGHT, II 'q' S 198 . WAINSCOTT ROAD WAINSC OTT, L.I.,N,Y.H.I. (516) 531111, 521FIFTH AVE. NEW YO RK,N.Y. 10011 (212) 661-5595 May 14, 1985 Hon. Bennett Orlowski Chairman, Planning Board Town of Southold Southold, New York 11971 Re: Application of Briscoe Smith Fisher Island Property Dear Mr. Orlowski: As you know I represent Mrs. Elizabeth P. Cobb and your Board was courteous enough to send me the complete file. A review of the file reveals that the Southold short form Environmental Assessment form was not answered by the actural applicant, but by an attorney or paralegal in his office who probably was not personally familiar with the land. For example, on question one, dealing with the physical change to the project site: obviously the addition of two homes on Lots 3 and 4 would be a major physical change in the project site. The land around Hay Harbor, bordering on the water does not come under any exempt Sequa provisions. Consequently a subdivision in this area, the addition of two homes, would change the unique character of the Hay Harbor community on Fishers Island. Question eight on your short form Environmental form should require a "yes" answer in view of the fact that the addition of two homes will "effect the visual character of the community or scenic views or vistas" . Finally question fifteen on your short form should be answered in the affirmative. This is a controversal application in view of Mrs. Cobb' s objections. All this should mean that the applicant, Briscoe Smith, should file the necessary Sequa Environmental Impact forms. Hon. Bennett May 14, 1985 Orlowski „ Page Two I am also enclosing a self explanatory letter dated December 14, 1950 where by Mrs. Cobb obtained title to her property. As can be seen on page two on this Closing Letter Mrs. Cobb has a right of first refusal to purchase Parcel D. I am attempting to obtained a copy of the map that was attached to the Deed. I will do my best to obtain these prior to the May 20 meeting. If I don't have them by that time, they will be submitted in the file immediately thereafter. Certian technical questions were raised by Mr. Kenneth Edwards concerning the right of way and the drainage area on Lot 3. It does not seem to me to be necessary to repeat these items because the Board is already aware of the problems. Very truly yours, Stuyvesant Uainwright II CC: Mrs. Elizabeth P. Cobb P•ecember 140 1950 Lh's. �1t?nbeth P11ss Parkinson 135 " st 74th Street FJe-7 Yorke IN, •r, '''ear 'drs. ?'�rkinsons As yn" " gyp-rsl the closing of title of the purchase by you f-vm "'Inifred A. Clark of property on Rgy Harbor on Fishers Islnnd took pl ee R}: the office of Lor. Henry Garrison of T.orrj, Pay & Lord, rS Brordvno# on recember 8p 18t50'v bataeen tho hours of illoo nx)d 11&40 A. L19 Present at the closin^ •care yourself# Mr. Gnrrisong representing Mrs. Clarks ;sr. *'Peffielstein of Title Guarnntee Rnd Trust Company and ter• Thomas of this ofrice, After considerable negotiations as to the terms and form oP the contrtict, ynn entered into n contriet vith Mrs. Clark anted November Bp 19,50 for tt,e, sale and purchase of ec:rtnin -:a.reels, indludin the Studio on H.V Hrirbor. Said contrnet provided for a Purchnse p,i ee of 7 :'OsGOOa of Which 'PvOGC 'ras paid by yrnl on signing rand the balance of w189G00 .7as to be pnid in cash at the closings The contr,ict also ^rovidc-d for a cansidernble number of adctitiorual, rioht3 in ndjoinin; property and some restrictions on your property, nil of ^)hieh -:ere included in the doerls and nny be wmnnriTed as follo^rs s 2 You have an 18-ft. right-of-lay to '?juestrinn Avenue. You have an easement over other property of Mrs. Clark for electric light' tele— phone !+nd water lines in their present location. 701, have -7hatever shore rights. there are in Hay Harbor adjoining your property You have the right to cut back foliage on :yrs. Clark1s property to the north of yours.4 being a pnrc el on Hay Harbor running 40 feet east along your boundary line and 50 feet north along Rny Hnrbor. You have the first refusal to purchase F-srcel D$ shown on the annexed survey. Your P„reel B1 the garage parcel, is subject to a 10-foot right-ofr7ny as indicated on the survey. YOU agree not to subdivide your property but to use it only for a single one-family residence with customary outtutldings .,nd not to use it for a club# boarding houses hotel or other business. Mrs. Clark agrees not to build on certain Property of hers adjoining yours on the northp being a strip 17 feet in depth and running 66 feet easterly from Hsy Harbor. At the closing. Pyr. Garrison delivered to Lr. Thomas deed dated December 0.9 19509 "rhich h»d been p^epnred by r-r• ^'homass running; from Mrs. Clark to you covering the pre-d ses ^nd ell of the foregoing rights. I”" edi*,telt' after the closing, Lr. Thomas delivered the deed to Dir. ''endelstein Tho also received a chock of Lord. Day & Lord for the cost of documentary stnnps to be of"iced to the deed. "hen the deed has been I ` recorded 7e shall return it to you. You delivered to 19r. Garrison your certified check made payable to yourself rend endorsed by you to the order of 1°.rs. Clark. Although the -contrnet provided for ap;.ortionin„ p-epaid insurnnee premdumsp Mrs. Clark had not sent the policies to 15;. Garrison nndv thereforey it -ras decided to ignore that provision in the contract. Immediately after the elosinry sir. Thonans cor>L7unicnte:d with '.4,r. Rocks As to n binder nn the property for x`20;000 :north of fire insurance. !-Ithough the cont"et provided for the ap,ortionment of taxass the only tax :could be for a period commencing recember 1 miid so far as ae knew the as:,essmennt on Urs. Clarkes property had not been ap• ortion►:d to ri:,ke it possible to determine the assessed valuation of the property purchased. Therefore# it -ms agreed that -re would make application for such apportion- wnt rlrl --then it has been effected Mrs. Clark will reimburse you for a small amount of taxes due from Pecamber 2 through L-ecember B. "'s are todny applying for the E_a,,Vrtionm ezt. In due time Title 0uarantee and. Trust Companq Trill insure your title to the property rirx'• the right of :way to equestrian Avenue in the amount of P201,000 subject to& 1. Covenants tori restrictions in needs recorded in Liber 246 of Conveyances, pnge 318 Bind 3.22# Liber 280 of Conveyances, p91re 006 nnd Liber 546 of Convevancesp page 708 (these are the 'Inuisance Mrs. r.?. - 1 .14/50 4 restrictions" abstracted in Mbit B annexed to the enclosed contract). P.. The restrictions on yiur property contained in the deed from Mrs. Clark to you as aforesaid. 30 Rights of persons in possession and state of facts a personal inspection might show. (The title company has not inspected the premises and for all it kno-is there may be a tenant In possession. T're know differentlyi andp • therefore$ there is no need to worry about this exception. ) 4. No title will be insured to any lnnd lying below the natural high-water line of Hay Harbor. This is a standard "water" exception. 5. Rights of others to use jointly with you the right of •vay to Equestrian Avenue and the above-mentioned easements for electric lights telephone and water lines. 8. The above-mentioned 10-ft. easement over Parcel R. 7. The taxes which are a lien on December 1. "'e enclose here-rith our bill for services and disbursements in connection with this matter. In addition$ there -rill be a charge by the title company for its policy and the cost of recording the deed. This should be 1n the neighbor- hood of 9145. "%e also enclose herewith a copy of the survey of the property. "e are sending a copy of this letter, together with a copy of the survey and the original contract to tdr. Rocks. Unless you feel you need the unexecuted copy of the contract r f which you have, in additiontto the original being sent to UP* Rocks., will you kindly return it to us for we have no Urs. °. ?. - 12/14/50 5 other copy of the contrnet. "fie description of your property is not easy to follow without the use of this survey. Presumably it or a copy of it :will Always be available but$ if not, it would be very important to be able to locate the stake ghich is shOm to be 17.06 feet north of your house. It would be advisable for you to locate the stake and make sure that It does not pet pulled up# grown-over or otherwise lost, In addition, if it is at any time convenient# it would be well to have Mrs rabolls the surveyors somehow indicate pith a marker, a stake or a cross on a boulder the north- west corner and the southwest corner of Pnrcel A. These are the points where the boundary lines strike the shore line of HAY Harbor, Very truly yours, RMT/a:sc 17i1clostires j G. C. MATTHIESSEN BOX 194 FISHERS ISLAND, NEW YORK 06390 May 13, 1985 Hon. Bennett Orlowski , Jr. Chairman, Planning Board Town of Southold Southold, NY 11971 Dear Mr. Orlowski : We would like to express our opposition to the application of Mr. Briscoe Smith to subdivide his property on Fishers Island that borders Hay Harbor. This particular area of the harbor, including Mr. Smiths property, has certain uniquely favorable characteristics for wildlife, including a freshwater spring near the shore that attracts a variety of birds : herons , egrets , swan, geese, ducks and other forms. The brush and thickets inland from the shore provide a favorable habitat for songbirds and other wildlife. We do not feel that additional building units along the harbor are in the best environmental and aesthetic interests of the harbor - an important recreational and shellfishing area - or of the Island. The incidence of coastal water pollution by nearby septic systems has increased markedly in many areas of New England during the past few years, and Hay Harbor is equally vulnerable to excessive development. Thank you for you consideration, and we hope that the request by Mr. Smith is not granted by your board. Sincerely,,( /r G �'� IgfY�i LSS4n O.H. Matthiessen � ���� G.C. Mattthiessen f1,AY 1 O L.4W OFFICES ft STUYVESANT WAINWRIGHT, II WAINSCOTT ROAD WAINSCOTT, L.I. N.Y.11975 (516) 537-3777 521 FIFTH AVE. NEW YORK,N.T. 10017 (212) 881-559$ May 7, 1985 Hon. Bennett Orlowski, Jr. Chairman, Planning Board Town of Southold Southold, New York 11971 Re: Application of Briscoe Smith Fisher Island Property Dear Mr. Orlowski: Thank you for your courtesy of last night. A clerk definitely told me on the telephone that she would send me copies of the file so I would be better prepared. They have still not arrived. I am more than happy to pay the charges for xeroxing. You are kind enough to give me time to prepare detailed objections. I could better do so if I had copies of the map and any other documents that are filed. I gather that Mr. Smith had not filed an Environmental Assessment Form. It would seem to me that this would be a necessity for this application due to the location of the property. Again let me thank the Board for their courtesy. I will complete detailed objections once I have been able to study the papers. To repeat, I will cover the costs of xeroxing and mailing. Respectfully yours 1 Stuyves fit\Wai wr t II CC: Elizabeth P. Cobb Cox, PN ( D T � S F, Y *C Southold, N.Y. 11971 (516) 765-1938 May 9 , 1985 Mr. Briscoe Smith One Chase Manhattan Plaza, 47th Floor New York, NY 10005 Re : Minor subdivision for Briscoe Smith at Fishers Island Dear Mr. Smith: As per your request, enclosed are copies of the mailgrams received regarding your subdivision. Planning Board Member,Ken Edwards , made an inspection of the property and questions the location of a building site on Lot No. 3 . He also questions the right-of-way which extends from the western side of Lot No. 4 to the Harbor, and who would have right-of-way over it. Also, enclosed for your review is a copy of the decision from the Suffolk County Planning Commission. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN ,SQYTHOLD TOWN P�L�A�N�NNI�NG BOARD eCea�Yl4 y Diane M SChultze, Se retary enc . COUNTY OF SUFFOLK • PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN OIRECTOR OF PLANNING Mr. Bennett Orlowski, 'Jr. , Chairman May 3, 1985 Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Briscoe Smith, et al. Northwesterly side of Equestrian Avenue opposite Ocean View Avenue, Fishers Island. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on May 1, 1985 , reviewed the proposed subdivision plat entitled "Minor Subdivision - Briscoe Smith, et al.", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to disapprove said map for the following reasons: 1. The proposed subdivision will result in the creation of a landlocked parcel; that is, a parcel that does not have frontage on an existing or proposed public road. The creation of such a lot is contrary to good subdivision layout principles and creates problems as far as ac- cess by emergency and service equipment is concerned; this could re- sult in health, safety and welfare problems for the future residents of this lot. Creation of a landlocked lot also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for this lot under Section 280-a of the Town Law as the future owners of this lot cannot be held responsible for the landlocked nature of the parcel. 2 . No notation was placed on the map notifying the future owners of these lots that they are within one mile of an airport (Elizabeth Field) and, therefore, may be subjected to noise from aircraft activities. 3. No information was provided in the referral that the Suffolk County Department of Health Services had considered this proposed subdivision to insure that the future lot owners would be able permits. to obtain building File: S-85-85-16 Ven truly Yours, ° CGL:jk Encl. : Map Lee E. Koppelman Director of Planning cc: J. A. Kinsella, County Clerk R. A. Villa, P.E. , SCDHS by �/Ll4 L, C, VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.I..NEW YORK 11788 Charles G. Lind, Chief Planner (516)360-5192 Subdivision Review Section ■ • MARIo,a O SCHLARACH — — — — 5030 �10_S ave) DALES CA'aT UN hH 4U7i tj fJSA"q • • a-Oou225S1250n; 05/05/85 ICS TPMRNGZ CSP JFKB 2 216�1772A71 MGM TDHN CANTON OH 05-05 1126A EST �/. PLANNING HOARD ATTN BRISCOE SMITH ZONING HEARTwG FTSHERS ISLAND TOvIN HALL SOUTHOLD NV 11971 THIS IS A CONFTRMATION COPY OF A TELEGRAM ADDRESSED TO YOUt NO DECISION ON SMITH FISHERS ISLAND SUBDIVISION SHOULD BE ALLOWED UNTIL ADJOINING PROPERTY OWNERS AND NEARBY OWNERS RECEIVE THE . PROPOSAL AND CAN COMMENT TOTAL ACREAGE MUST BE FROM A 1985 SURVEY TO HIGH WATER DATUM. CONTOUR • +_ LINES ARE NEEOFp TO PROVE PROPOSED LOTS 1 & 2 ARE BUILDABLE SMITH DOES NOT COMMUNICATE NO ANSWER SINCE 1982 TRIED TO RESOLVE HIS • LONG 1 LANE DRIVEWAY SERVING 2 LARGE HOMES AND AREA My LACK OF PARKING MARION OSBORN SCHLABACH BACHELOR OF ARCHITECHTURE 5030 HILLS AND DALES ' CANTON OH 44708 0 IN THE EVENT OF ANY SERVICE INQUIRIES. PLEASE DIRECT CORRESPON- DENCE TOs NATIONAL CONSUMER SERVICE CENTER C/O WESTERN UNION TELEGRAPH COMPANY 308 WEST ROUTE 38 MOORESTOWN, NJ 08057 11 : 26 EST MGMCOMP TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL- FREE PHONE NUMBERS • �"«'raN UJ JTnN — — - - - 3oa NFST RT 38 • �'I`�'Pf gTnWr,' NJ 08057 06AM • • 4. 006713S126 05/06/85 ICS IPMMTZZ CSP JFKB p, y 760923 2900 MGM9 TDMT MOORESTOWN NJ 73 05-06 0925A EST ;�GZ •� PLAANINCROARO TOWN HALL • SOJTH-ILD NY 11971 • DUPLICATE OF TELEPHONED TELEGRAM • LEDGER *4.012572S125 05/05/85 HAVING A HOUSE ON SAME COVE ON FISHERS ISLAND. I OPPOSE THE DIVISION • • OF THE SMITHS PROPERTY INTO 4 LOTS. I QUESTION 1 , THE CURRENT ACREAGE 2. THE ECOLOGICAL IMPACT ON THE COVE, THE FRESH WATER WELLS AND • SPRING. RARE SHORE BIRD HABITAT AND SHELL FISHING 3. SEVERE IMPACT ON ABUTTERSI PROPERTY • HELEN BRAUN BOX 103 FISHERS ISLAND NY • 09124 EST MGMCOMP • i • • • • • • TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL- FREE PHONE NUMBERS WF,STFRN �JtiTON ---- 31,y - FST WOUTE 38 • M�0pES7lw'•I rIJ IR057 06PM Sq . 1 kA • • 9 4-0c�2o11S12i+ 05/06/85 ICS IPMMTZZ CSP JFKB ITh3'71t �8 ^1rt4R TDMT RIVERSIDE CT 55 0506 0858P EST PL? `'NIhG apnFD . ATTnt 5tA,;jFTT ORLOWSKI TnAkl nF SrnJT lwDLO Sr'I.TMtiuLD NY 11971 D"PIICATE OF TELEPHONED TELEGRAM 4-0106475126 05/06/85 PLEASE PUT BEFORE THE PLANNING BOARD MEETING MONDAY NIGHT MAY 6 OWNrPS OF ADJOINING PROPERTY OPPOSED TO SUBlDIVISION NOT COMPLYING WTT" 2 ACRES ZONING CODE OF BRISCO SMITH PROPERTY ON FISHERS ISLAND NFW YORK PETER AND SUSIE BRINCKERHOFF 20 .5-`8 EST MGMrOHP • 5 TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL- FREE PHONE NUMBERS • 0 THE FOLLOWING WESTERN UNION MAILGRAM WAS DICTATED TO THE PLANNING BOARD SECRETARY ON Monday, May 6 , 1985 at 4 : 45 p.m. regarding BRICOSE SMITH: PLI;PSE PUT BEFORE THE PLANNING BOARD MEETING, MONDAY NIGHT, MAY 6 , 1985, OWNERS OF ADJOINING PROPERTY OPPOSED TO SUBDIVISION NOT COMPLYING WITH TWO-ACRES ZONING CODE OF BRISCOE SMITH PROPERTY ON FISHERS ISLAND. Pater and Suzie Brinkkhoff THE FOLLOWINGWESTERN UNION MAILGRAM WAS DICTATED TO THE PLANNING BOARD SECRETARY AT 10: 00 a.m. , MAY 6 , 1985, RE: BRISCOE SMITH PROPERTY: No decision on the Smith Fishers Island subdivision should be allowed until adjoining property owners and near by owners receive the Proposal and can comment. Total acreage must be from a 1985 survey to high water datum. Contour lines are needed to prove proposed lots 1 and 2 are buildable. Smith does not communicate . No answer since 1982 . Tried to resolve his long one-lane driveway serving two large homes and my lack of parking area. L Marion Osborne Schlabach Bachlor of Architecture , Canton Ohio Ledger No. 4-004225 S 125 Re : Briscoe Smith • THE FOLLOWING MESSAGE WAS DICTATED TO THE PLANNING BOARD SECRETARY FROM WESTERN UNION AT 9 : 35 a.m. , May 6 , 1985 Having a house on same Cove on Fishers Island, I oppose the division of the Smith property into 4 lots . I question the current acreege, the ecological impact on the Cove , the freshwater wells and spring, the rare shore bird habitat and shell fishing and the severe impact on abutters property. Helen Braun c,VEFD(,f- P flN D TQ , LD 5 E y Southold, N.Y. 11971 (516) 765-1938 May 7 , 1985 Stuyvesant Wainwright II Wainscott Road Wainscott, NY 11975 Re: Bricose Smith Fishers Island Dear Mr. Wainwright: As per your request, enclosed is a copy of the application for the above mentioned subdivision, as well as, a copy of the current map. If you need any further information, please don' t hesitate to contact our office. ,fVe1r0y truly yours, � � " BIDS . (� of Y12 BENNETT ORLOWSKI, JR. , CHAPR - N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ` J Ln C TELEPHONE BOARD OF TOWN TRUSTEES (536) 765-1892 TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 May 8, 1985 Mr. Briscoe Smith One Chase Manhattan Plaza, 47th Floor New York, New York 10005 Dear Mr. Smith: As per your Building Envelope (Lot No. 4) on the minor subdivision map dated and last revised on April 10, 1985, please be advised as proposed your setback is 110 ' from M.H.W. and, therefore, would not require a wetland permit at this time. Please be further advised, that if you amend the distance for construction of same, or fill on the area adjacent to the wetland area, a permit will be required from the Board of Town Trustees. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board cc : Steve Malinowski Trustees File Bldg. Dept. Planning Board L-/ 5� , 4 94 `oldt��, F 1�s12_ �4 1\S��S of aly l 6 OT - A) GJ NAT N "JAN-rS (,,2�A r rd �U ON LOT - GbiNL� 4 sib- ✓/SIT /T /S 714Ar cocj l'J� yq /�Ecflta - C 1 div ? AN ACCCAL -grz - OGCISiON r ) r17 e lC! 4 -APR 1. 8 1885 LAW OFFICES STUYVESANT WAINWRIGHT, II WAINSCOTT ROAD W AI NSCOTT, L.I..N.Y.119'15 IS 16) 537-3777 521 FIFTH AVE. NEW YORK,N.Y. 10017 (212) 661-5595 April 17, 1985 Hon. Henry E. Raynor, Jr. Chairman, Planning Board Town of Southold Southold, New York 11971 Re: Elizabeth Parkinson Cobb Fisher' s Island Property Dear Mr. Raynor: We continue to be retained by Mrs. Cobb to represent her in connection with an application by Briscoe Smith for subdividing property adjacent to Mrs. Cobb. We have followed this matter for two years. We wonder: A. if there has been any recent activity, and B. if you would be kind enough to notify the undersigned in the event the application is pursued or a hearing is held. Respectfully requested, LU Stuyvesant Wainwright II CC: Elizabeth Parkinson Cobb PUBLISHER'S CERTIFICATE IEGAL No.915 Town of Southold Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of State of Connecticut own Law,public hearings will be held by the Southold Townf County Of New London, s s . New London lanning Board at the Town Hall, Main Road, Southold New y , fork In said Town on the 6th of May,1985 on the question of the allowing: 7:30 p.m.Approval of the final map of the major subdivision `C.P.F. Land Corp.,subdivision to be known as"Blue Hori- On this da Of ons", located at Peconic, in the town of Southold, County of 3 0th y Acril uffolk and State of New York and bounded and described as rllows:BEGINNING at the south-westerly corner of the parcel ereby described at the concrete monument set on the norther- A. D. 1985, personally appeared before the undersigned, side of North Road,which monument also marks the south- asterly corner of land formerly of Nell] Domalski,nor or for lerly of J.A.Wicks as established by boundary line agreement !corded in Liber 5263 cp 295; RUNNING THENCE N.52°34'40" a Notary Public, within and for said County and State, fest along said last mentioned]and,a distance of 4332.44 feet to n iron pipe; RUNNING THENCE S.88°34'30"west still along I std last mentioned land,a distance of 84.40 feet to an iron pipe; J, L, Zielinski , Legal AI C1_e r-k UNNING THENCE N. 12°37'30"west,along lands now or for - oerly of Edith V. Webb a distance of 190 feet to the ordinary igh water mark of Long Island Sound; RUNNING THENCE .81°OP30"east along the ordinary high water mark of Long of THE DAY , a dally evening ;land Sound,a distance of 645.76 feet to land formerly of Alvah A. Salmon, now of Robert Mcllroy; RUNNING THENCE S. ,. 1°26'50"east,along said land and land of Nelson Axien,a dis- once of 603 feet to a concrete monument.RUNNING THENCE newspaper published at New London, County of New long said lands of Nelson Axien, the following three courses nd distances: (1) N.68°05'east 8.80 feet to a concrete monu- east 230.86 8)S.82I5.7 east 503.01 cretao a onument.; RUrete - London State of Connecticut who bei, dui sworn B)S.82°04'20"east 503.01 feet to a concrete monument.; RUN- ', , , g y r 11NG THENCE along lands now or formerly of Fred' 'ck ahn,the following two courses and distances: (1)S.53°36'20" est 621.58 feet to a concrete monument; (2) S.48°25'30"east states on oath, that the Order of Notice in the case of 55.20 feet to a concrete monument;RUNNING THENCE along ands now or formerly of Henry Smith,the following four cours- s and distances: (1)S.47°59'20"east 1029.73 feet to a concrete nonument; (2) S.45°17'10"east 218 feet to a concrete mono" Legal advertisement 4.1 915 rent; (3)S.311 east 169.85 feet to a concrete monument; 4)S.44°26'50"east 457.63 feet to a concrete monument; RUN II NG THENCE S.44°24'10"east,along land now or formerly of I.Stepnoski,41.25 feet; RUNNING THENCE along lands now a true copy of which r formerly of Edith V. Webb, the following two courses and istances: (1) S.62°11'30"west 220 feet; (2) S.27°48'30"east 20 feet to the north side of North Road; RUNNING THENCE is hereunto annexed, was published in said newspaper in Hong the north side of North Road,the following two courses nd distances: (1) S.627110"west 87.33 feet; (2) S.65°44'30" rest 84.52 feet to the point and place of BEGINNING.Contain - ng56acres. its issues of the 25t:1 .7.45 p.m. Public hearing on the question of approval of the f ninor subdivision of BriscoeSmith located at Fishers Island, own of Southold, County of Suffolk and State of New York. days Of April- A. D. 19 35, ring bounded and described as follows: BEGINNING at a y ,onument on the Northwesterly line of Equestrian Avenue, . aid monument being located 1328.35 feet North of a point which :3545.36 feet West of a monument marking the United States :oast and Geodetic Survey Triangulation Station"PROS"and - ,ence South 22°09'55"West 22.01 feet along said street line to a frill hole; thence N. 70°48'10" West 17.88 feeti a drill hole; ,ence N.74°48'10"West 46.65 feet to a drill mark"T"; thence Subscribed and sworn to befo-re me this 1.74°41 West 80,81 feet to a monument;thence S.15°11'49" West 158.00 feet to a point;thence S.71°01 East 102.56 feet to drill mark"T" in the side walk on the Northwesterly line of da Of April- A. D. 19 8 S iquestrian Avenue;thence along said Street line on the follow- y i ,g three courses S.40°301 West 153.23 feet to a monument; . 21°43'40" West 146]5 feet to a monument and S. 16°08'00" West 92.78 feet to a monument;thence N.43°51'30"West about 90.8 feet to the shore line of Little Hay Harbor; thence follow" ng the meanders of said shore line in a general Northerly direrNotary Ion about 213 feet to a cross in a boulder; thence S.61°56'15" 'ast 54x3 feet to a point; thence N. 19°29'45" East 22.00 feet; Notary Public. hence N. 19°45'15" West 31.8 feet; thence N. 86°53'45" East BAD feet;thence South 19°45'15"East 32.75 feet; thence South 9°29145" West 27.75 feet; thence S. 5°06'15" East 3.85 feet; hence S.68°19115" East 69.85 feet; thence N. 21°40'45" East 1.15 feet; thence N. 68°19'15" West 26.5 feet; thence N. I 8°01'15" West 51.5 feet; thence N. 27°17'15" West 59.6 feet; hence N. 21°35'15" West 67.1 feet; thence S. 75°09'45" West 4.00 feet;thence N.81 West about 1061 feet to the shore ine of Little Hay Harbor; thence following the meanders of aid shore line in a general Northerly and Northeasterly direr Ion for a distance of about 400 feet; thence S.35°41 East B.Ofmt;thence S.60°45'00"East 120.5feet;thence S.77°02'20" fast 118.11 feet to a drill hole in a boulder; thence S.34°45'10" East 127.54 feet;thence S.36°17'05"East 50.0 feet;thence South 7°21'05"East 136.0 feet; thence S.a3°45'05" East 86.68 feet to he monument on the Northwesterly line of Equestrian Avenue it the point of BEGINNING. Containing 4.14 acres, more or en. Said tract is subject to a right-of-way 18 feet in width for ngress and egress to land now or formerly of Elizabeth Park- risen,the center line of said Right-of-way being described as Allows: Beginning at a point on the Northwesterly line of -questrian Avenue,said point being located 957.03 feet North of f point which is 3772.32 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station 'PROS"and thence running North 51°42'15"West 20.38 feet; hence N. 28°42'15"West 60.55 feet; thence N.381 West 4.50 feet; thence N. 41°411 West 58.80 feet; thence N. 0°11'15" West 33.50 feet; thence N. 5°06'15" West 81.60 feet; hence N. 19°29'45" East 24.88 feet and N. 19°45'15"West 32.29 eat. Any person desiring to be heard on the above matter should opear at the time and place above specified. Dated:April 22,1985 By Order of the Southold Town Planning Board �I Bennett Orlowski,Jr. Chairman I LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIV- ENthat pursuant to Section COUNTY OF SUFFOLK ss: M ��� 276 of Town •Law, public STATE OF NEW YORK 6 5 hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold New York in Patricia Wood, being duly sworn, says that she is the said Town on the 6th of May, 1985 on the question of the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, following: a public newspaper printed at Southold, in Suffolk County; 7:30 p.m. Approval of the and that the notice of which the annexed is a printed copy, Finan map of the major subdiv- ision inion of C.P.F. Land C ,orp., has been published in said Long Island Traveler-Watchman subdivision to be known as once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks "Blue Horizons", located at Peconic, in the Town of Ar successively, commencing on the . . . . . . . . . . . . S. Southold, County of Suffolk ' ' ' ' ' ' ' and State of New York and bounded and described as day of . . . . . . . 19 . . . . �! follows: BEGINNING at the _ � south-westerly comer of the parcel hereby described at the •. •---. • • • • • • • ti concrete monument set on the northerly side of Norfh Road, - - which monument also marks the south-easterly corner of c land formerly of Nelli Doma1- Sworn to before me this . . . . . . . . . . 3kr. . . . . . . day of ski, nor or formerly of J.A. Wicks as established - by — boundary line agreement re- . . . . . . • 19 • corded in Liber 5263 cp 295; RUNNING THENCE N 52°34' 40" west along said last mentioned-land, a distance of 4332.44 feetto an iron pipe; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RUNNING THENCE S88034' Notary Public 30" west still along said last mentioned land, a distance of BARBARA FORBES 84.40 feet to an iron pipe; Notary Public, State of New York RUNNING THENCE N 12037' No. 4,906846 30" west, along lands now or Qualified in Suffolk County formerly of Edith V. Webb a Commimon Expires March 6o, 19 Pi� distance of 190 feet to the ordinary high water mark of Long Island Soutd; RUNNING THENCE N 81°04'30" east along the ordinary high water mark of Long Island Sound, a distance of 645.76 feet to land formerly of Alvah M. Salmon, now of Robert Mcllroy;RUNN- ING THENCE S. 31026'50" east, along said land and land of Nelson Axien, a distance of 603 feet to a concrete monu- ment. RUNNING THENCE along said lands of Nelson Axien, the following three courses and distances: (1) N. 6F*1 05' east 8.80 feet to a concrete monument; (2) S 79°49'10"east 230.86 feet to a concrete monument: (3) S. 82'04'20"east 503.01 feet to a co clete monument.; RUNN- ING THENCE along lands now or forme ly of Frederick Heim, the, 4lowing two courses an distances: (1) S 53036'20"east 621.58feet to a concrete, monument; (2) S 48025'30"east 355.20 feet to a concrete monument; RUNN- ING THENCE along lands now or formerly of Henry Smith, the following four courses and distances: (1) S. 47° 59'20" east 1029.73 feet to a concrete monument; (2) S. 45° 17'10" east 218 feet to a concrete monument; (3) S. 36° 27'50" east 169.85 feet to a concrete monument; (4) S. 44° 26'50" east 457.63 feet to a concrete monument; running thence S. 44024'10" east, along land now or formerly of H. Step- noski, 41.25 feet; RUNNING THENCE along lands now or formerly of Edith V. Webb,the following two courses and distances: (1) S. 62°11'30" west 220 feet; (2)S. 27°48'30" east 220 feet to the north side of North Road; RUNNING THENCE-along the north side of North Road, the following two courses and distances: (1) S. 62°11'30" west 87.33 feet; (2) S. 65°44'30" west 84.52 feet to the point and place of BEGINNING. Containing 56 acres. 7:45 p.m. Public hearing on the question of approval of the minor subdivision of Briscoe Smith located at Fishers Is II'MV Town of Southold, County of Suffolk and State of New York, being bounded and . described as follows: BEGIN- NING at a monument on the Northwesterly line of quest- non....Aventiv, being located 1328.35 feet North of a poinl. which is 3545.36 feet West of a monu- ment marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and thence South 22°09'55" West 22.01 feet t along said street line to a drill hole; thence N. 70059'10" West 17.88et to a drill hole; thence N. 74048'10" West fe 46.65 feet to a drill mark "T"; thence N. 74048'10" West 80.81 feetto a monument; thence S. 15011'49" West 158.00 feet to a point; thence S. 71004'45" East 102.56 feet to a drill mark "T" in the side walk on the Northwesterly of Equestrian Avenue; thence along said Street line on the followingthree courses S. 40°36'50" West 153.23 feet to a monument; S. 21°43'40" West 146.75 feet to a mona- treat and S. 16008'00" West 92.78 feet to a monument; thence N. 43051'30" West about 290.8 feet to the shore line of Little Hay Harbor; thence following the meanders of said shore line in a general Northerly direction about 213 feet to a cross in a boulder; thence 5.61°56'15" East 54x3 feet to a point; thence N. 19029'45" East 22.00 feet; thence N. 19°45'15" West 31.8 feet; thence N. 86°53'45" East 18.80 feet; thence South 19°45'15" East 32.75 fed; thence South 19029'45" West 27.75 feet;thence S. 5006'15" East 3.85 feet; thence S. 68019'15" East 69.85 feet; thence N. 21040'45" East 51.15 feet; thence N. 68019' 15" West 265 feet; thence N. 40°01'15" West 51.5 feet; thence N. 27011'15" West $9.6 feet; thence N. 21035'15" West 67.1 West 34.00c feet; then 45" West thence N. 89°42'15" about 1063 feet to the shore line of Little Hay Harbor; thence following the meandersof said shore line in a genrol Northerly and Northeasterly direction fordistance thence Sf about 400 feet; 35048'00" East 25.0 feet; thence S. 60°45'00" East 120.5 feet; thence S. 77002' 20" East 118.11 feet to a drill hole in a boulder; thence S. 34°45'10" East 127.54 feet; thence S. 36°17'05" East 50.0 feet; thence South 63021'05" East 138.0 feet; thence S. 83°45'05" East 86.68 feet to .the monument on the North- _ westerly line of Equestrian Avenue at the point of beg, INNING. Containing. 4. acres, more or less. Said tract is subject to a right-of-way 18 feet in width for ingress and egress to land now or formerly of Elizabeth Parkingson, the center line of said Right-of-way being de- scribed as follows: Beginning at a point on the Northwesterly line of Equestrian Avenue, said point being located 957.03 feet North of a point which is 3772.32 feet West of a monu- ment marking the Untied States Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 51042'15" West 20.38 feet; thence N. 28°42'15" West 60.55 feet; thence N. 38°29'15" West 24.50 West thence N. 41°49'15" 58.80 feet; thence N. 30°11' 15"West 33.50 feet;thence feet; 5°06'15" thence N. 19029'45" East 24.88 feet and N.19°45'15" West 32.28 feet. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated April 22, 1985 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLC�RMAN 1T-4/25/85(66) ' April z3, 1,183 - - -_ - Equestrian Avenued monu- STATE OF NEW YO* I Legal Notices Ment being located 1328.35 feet ) 'SS' North of a point which is 3545.36 feet West of a monument mark- COUNTY OF SUFFOLK I LEGAL NOTICE ing the United States Coast and I Notice of Hearing Geodetic Survey Trian lation NOTICE IS HEREBY GIVEN Station "PROS" and thence ANNA LEKKAS that pursuant to Section 276 of of Greenport, in South 22"09'55' West 22.01 feet Town Law, public hearings will along said street line to a drill said County, being duly sworn, says that he/she Is be held by the Southold Town hole; thence N 70'59'10" West t Planning Board at the Town 17.88 feet to a drill hole;thence Principal Clerk of THE SUFFOLK TIMES, a Weekly Hall,Main Road,Southold,New N 70'59'10"West 17.88 feet to a York in said Town on the 6th of Newspaper, published at Greenport, in the Town drill hole; thence N 74°48'10" May, 1985 on the question of the West 46.65 feet to a drill mark of Southold, County of Suffolk and State of New I following: "T" thence N 74'48'10" West 7:30 p.m.Approval of the final 80.81 feet to a monument;thence York, and that the Notice of which the annexed is map of the major subdivision of S 15°11'49" West 158.00 feet to a printed copy, has been regularly published in C.P.F.Land Corp.,subdivision to a point; thence S 71°04'45" East 881d NBWSpepar OOCQ each WBek fOf One ME be known as"Blue Horizons",to- 102.56 feet to a drill mark`T"in - cated at Pecome, in the Town of the side walk on the Northwes- weeks successively, commencing on the_ 2 5 2 Southold,Comity of Suffolk and terly line of Equestrian Avenue; de Of April 1985 State of New!fork and bounded thence along said Street line on y and described as follows: the following three courses S BEGINNING at the south- 40°36'50" West 153.23 feet to a westerly corner of the parcel monument; S 21e WestzZ hereby described at the concrete 146.75 feet to a monument and 4Cl8r monument set on the northerly S 16°08'00"West 92.78 feet to a Qi,,////side of North Road,whichmonu- monument; thence N 43"51'30" �-10E oe ^9119YPrincipal ment also marks the south-eas- West about 290.8 feet to the QUb\\r" Nq�h30,, terly comer of land formerly of shore line of Little Hay Harbor; NMC00� Matq Nelli Domalski,now or formerly thence following the meanders of P F,XPI'e5 Sworn to before me this-2 9 of J.A. Wicks- as established by said shore line in a general tt� de Of April 19 85 boundary line agreement re- Northerly direction about 213 y corded N Liber 5263 cp 295; S 61' 6'15" in a 54. feet to RUNNING THENCE long said N S 61°56'15" East 54.3 feet to a e 52'34'40" west along said last point; thence N 19°29'45" East mentioned land, a distance of 22.00 feet; thence N 19°45'15" 4332.44 feet to an iron pipe'. West 31.8 feet; thence N RIINNINO - _TF IWMCE s 86"53'45"East 18.80 feet;thence 88'34'30" west still along said South 19°45'15"East 32.75 feet; last mentioned land, a distance thence South 19°29'45" West ■ of 84.40 feet to an iron pipe; 27.75 feet;thence S 5-06'15"East a RUNNING THENCE N 3.85 feet;thence S 68-19'15"East 12°37'30"west, along lands now 69.85 feet; thence N 21°4045" or formerly of Edith `✓. Webb a East 51.15 feet; thence N distance of 190 feet to the ordi- 68°19'15"West 26.5 feet;thence nary high water mark of Long N 40'01'15" West 51.5 feet; Island Sound; RUNNING thence N 27°11'15" West 59.6 THENCE N 81'04'30"east along feet; thence N 21°35'15" West the ordinary high water mark of 67.1 -feet; thence S 75°09'45" Long Island Sound,a distance of West 34.00 feet; thence N 645.76 feet to land formerly of 89'42'15"West about 106. feet Alvah M.Salmon,now of Robert to the shore line of Little Hay Mcllroy;RUNNING THENCE S Harbor; thence following the 31°26'50" east, along said land meanders of said Shore line in a and land of Nelson Axien, a dis- general Northerly and Northeas- tance of 603 feet to a concrete terly direction for a distance of monument. RUNNING about 400 feet; thence S THENCE along said lands of 35'48'00" East 25.0 feet; thence Nelson Axien, the following S 60'45'00" East 120.5 feet; three courses and distances: (1) thence S 77°02'20" East 118.11 N 68'05' east 8.80 feet to a con- feet to a drill hole in a boulder; crete monument; (2)S 79°49'10" - thence S 3445'10" East 127.54 east 230.86 feet to a concrete feet;thence S 36-17'05"East 50.0 monument; (3) S 82°0420" east feet;thence South 63'21'05"East 503.01 feet to a concrete monu- 138.0 feet; thence S 83'45'05" Ment; RUNNING THENCE East 86.68 feet to the monument along lands now or formerly of on the Northwesterly line of Frederick Hehn, the following Equestrian Avenue at the point two courses and distances: (1) S of BEGINNING. Cantair ne 53'36'20" east 621.58 feet to a ,14 acres, more or less. concrete monument; (2) S m rac is au lec a right- 48'25'30" east 355.20 feet to a of-way 18 feet in width for in- concrete monument;RUNNING gross and egress to land now or THENCE along lands now orfor- formerly of Elizabeth Par- merly of Henry Smith, the fol- kingson, the center line of said lowing four courses and dis- Right-of-way being described as tances: (1) S 47°59'20" east follows: Beginning at a point on 1029.73 feet to a concrete monu- the Northwesterly line of ment; (2) S 45'17'10" east 218 Equestrian Avenue, said point feet to a concrete monument;(3) being located 957.03 feet North S 36'27'50"east 169.85 feet to a of a point which is 3772.32 feet concrete monument; (4) S West of a monument marking 44'26'50" east 457.63 feet to a the United States Coast and concrete monument; RUNNING Geodetic Survey Triangulation THENCE S 44°24'10"east,along Station"PROS"and thence run. land now or formerly of H.Step- ning North 51'42'15"West 20.38 noski, 41.25 feet; RUNNING feet; thence N 28°42'15" West THENCE along lands now orfor- 60.55 feet; thence N 38'29'15" merly of Edith V, Webb,the fol- West 24.50 feet; thence N lowing two courses and dis- 41°49'15"West 58.80 feet;thence tances: (1) S 62'11'30" ,,at 220 N 30'11'15" West 33.50 feet; feet;(2)S 27°48'30"east 220 feet thence N 5'06'15" West 81.60 to the north side of North Road; feet; thence N 19'2945" Fest RUNNING THENCE along the 24.88 feet and N 19'45'15"West north side of North Road,the fol- 3228 feet. Any person desiring lowing two courses and dis- to be heard on the above matter tances:(1)S 62.11'30"west 87.33 should appear at the time and feet; 12) S 65'44'30" west 84.52 place above specified. feet to the point and place of BE- Dated April 22, 1985 /GINNING.Containing56 acres. BY ORDER OF ,� 7:45p.m.Publichearingonthe THE SOUTHOLD TOWN gvestion of approval of the minor PLANNING ROARD subdivision of Briscoe Smith lo- BENNET ORLOWSKI,JR., ca Led at Fishers-san , l own of CHAIRMAN Southold, County of Suffolk and 4871-1TA25 State of New York, being bounded and described'as fol- lows: RF(;INNT%TG ;i1. a mnm,mrnt r � 4 � ; ONE CHASE MANHATTAN PLAZA NEw YOHN 10005 April 10, 1985 Mr. Bennet Orlowski Chairman Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Mr. Orlowski: Diane Schultze advised me today that our public hearing has been scheduled for May 6, 1985. Please treat this letter as a request for expedited consideration of this minor subdivision application following the public hearing . Our initial application was made on January 31, 1983. It was not acted on prior to May 20 , 1983 of which I was advised on June 30 , 1983 . (The application had been rejected because of the change from one-acre to two-acre zoning . ) This determination was successfully appealed and on September 24 , 1984 we secured sketch approval . In the interim, we have been vigorously pursuing the approvals of the Department of Health Services and the State Environmental Authority. The immediate need for expedited approval arises from the interest of a contract-purchaser who has agreed to purchase an existing house on one of the parcels effected by �c� - 2 - the 2 -the subdivision. He, of course, is anxious to close to begin renovations; we are equally anxious to close. I appreciate your attention to this request and hope that it will be favorably received. Respectfully yours , �.,,:..---�L S..;.A Briscoe R. Smith BRS :me CC: Mr. Kent Edwards Ms. Diane Schultze P �FFa�,& D T LD S1 Y Southold, N.Y. 11971 (516) 765-1938 April 22 , 1985 r. Briscoe Smith 1 Chase Manhattan Plaza Room 4600 New York, NY 10003 Mr. Gordon Sammis Attorney at aw 50 ElmSt et Hunting n, NY 11743 Re : re Smith subdivision Blue Horizons subdivision Dear Mr. Smith and Mr. Sammis : Enclosed is a copy of the legal notice regarding the public hearing on the above mentioned subdivision. Very truly yours , Diane M. Schultze , Secretary Southold Town Planning Board enc. PLANNING BOAaItrD TOWN OF SOUTHOLD SUFFOLK"COUNTY Southold, N.Y. 11971 TELEPHONE 765-1938 Richard Ward Kenneth Edwards April 22 , 1985 BENNETT ORLOWSKI, Jr. , Chairman GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333 , Article XIII Of the Suffolkfers County Charter, the Southold Town Planning Planning Commission: following proposed final plat to the Suffolk County (Map of) (Minor Subdivision) Briscoe Hamlet Fishers Island 13 Tax Parcel Identifier No.%HH& Material Submitted: Minor Subdivision - Class A(3 copies) x Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) Topographic 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 X Comments : This application received relief from the Two-acre zoning by the Town Board, under Local Law 11 . Very truly yours, Bennett Orlowki Jr . . WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision-Briscoe Smith, et. al . Hamlet or Village FIshers Island Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map X Topographic Map X Drainage Plan X Street Profiles X Grading Plan X Landscape Plan X Other (describe) Reason: 1) Minor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed X b) No new roads and no changes in existing roads proposed X c) No major site clearing and grading proposed X d) Other (describe) CHANDLER, PALMER & KING 110 BROADWAY NORWICH,CT.06360 ARCHITECTS. ENGINEERS & SURVEYORS AREA CODE 203-889.3397 PERCY JOE KING, R.A., A.I.A. RICHARD H. STROUSE, P.E., L.S. GORDON C. HYDE, R.A., A.I.A. April 19 , 1985 Planning Board Town of Southold S uffolk County Southold, N. Y. 11971 Att : Ms . Diane M. Schultze, Secretary Dear Ms . Shultze: Enclosed please find eight ( 8 ) copies of Minor Subdivision Plan made for Briscoe Smith and description. Very truly yours, John P. Driscoll JPD:mma Enc. • April 17 , *5 ( JPD) p • Briscoe Smith, et . al . APR 24 1985 Description of Minor Subdivision 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 a monument on the Northwesterly line of Equestrian Avenue , said monument being located 1328 . 35 feet North of a point which is 3545 . 36 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station " PROS" and thence South 22° 09 ' 55" West 22 . 01 feet along said street line to a drill hole; thence North 70° 59 ' 10" West 17 . 88 feet to a drill hole; thence North 78° 40 ' 10" West 46 . 65 feet to a drill mark "T" ; thence North 74° 48 ' 10" West 80 . 81 feet to a monument ; thence South 15° 11 ' 49" West 158 . 00 feet to a point ; thence South 71° 04 ' 45" East 102. 56 feet to a drill mark "T" in the sidewalk on the Northwesterly line of Equestrian Avenue ; thence along said Street line on the following three courses , South 40° 36 ' 50" West 153 . 23 feet to a monument; South 21° 43 ' 40" West 146 . 75 feet to a monument and South 16° 08 ' 00" West 92 . 78 feet to a monument ; thence North 43° 51 ' 30" West about 290 . 8 feet to the shore line of Little Hay Harbor; thence following the meanders of said shore line in a general Northerly direction about 213 feet to a cross in a boulder; thence South 61° 56 ' 15" East 54 . 3 feet to a point ; thence North 19° 29 ' 45 " East 22 . 00 feet; thence North 19° 45 ' 15" West 31 . 8 feet; thence North 860 53 ' 45" East 18. 80 feet ; thence South 19° 45 ' 15" East 32 . 75 feet; thence South 19° 29 ' 45" West 27 . 75 feet ; thence South 50 06 ' 15" East 3 . 85 feet; thence South 680 19 ' 15" East 69 . 85 feet ; thence North 21" 40 ' 45" East 51 . 15 feet; thence North 680 19 ' 15" West 26 . 5 feet ; thence North 40" 01 ' 15" West 51. 5 feet ; thence North 27° 11 ' 15" West 59 . 6 feet ; thence North 21" 35 ' 15" West 67 . 1 feet ; thence South 75° 09 ' 45" West 34 . 00 feet ; thence North 890 42 ' 15" West about 106± feet to the shore line of Little Hay Harbor; thence following the meanders of said shore line in a general Northerly and Northeasterly direction for a distance of about 400 feet; thence South 35° 48 ' 00" East 25 . 0 feet ; thence South 60° 45 ' 00" East 120 . 5 Briscoe Smith, Et . al . ( continued) feet ; thence South 77° 02 ' 20" East 118 . 11 feet to a drill hole in a boulder; thence South 34 ° 45 ' 10" East 127 . 54 feet ; thence South 36° 17 ' 05 " East 50 . 0 feet ; thence South 63° 21 ' 05 " East 138 . 0 feet ; thence South 83 ° 45 ' 05 " East 86 . 68 feet to the monument on the North- westerly line of Equestrian Avenue at the point of beginning. Containing 4 . 14 acres , more or less . Said tract is subject to a Right of Way 18 feet in width for ingress and egress to land now or formerly of Elizabeth Parkinson , the center line of said Right of Way being described as follows : Beginning at a point on the Northwesterly line of Equestrian Avenue, said point being located 957 . 03 feet North of a point which is 3772 . 32 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 51° 42 ' 15" West 20 . 38 feet; thence North 280 42 ' 15" West 60 . 55 feet; thence North 38° 29 ' 15" West 24 . 50 feet ; thence North 41° 49' 15" West 58 . 80 feet ; thence North 300 11 ' 15" West 33 . 50 feet ; thence North 5° 06' 15" West 81 . 60 feet; thence North 19° 29 ' 45" East 24 . 88 feet and North 19° 45 ' 15" West 32 . 28 feet . Said tract is also subject to Rights of Way for all overhead and underground utilities as they now exist . LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall , Main Road, Southold New York in said Town on the 6th of May, 1985 on the question of the following: 7 : 30 p.m. Approval of the final map of the major subdivision of C.P.F. Land Corp. , subdivision to be known as "Blue Horizons" , located at Peconic, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows : BEGINNING at the south-westerly corner of the parcel hereby i I described at the concrete monument set on the northerly side of I I North Road, which monument also marks the south-easterly corner is of land formerly of Nelli Domalski, nor or formerly of J.A. Wicks as established by boundary line agreement recorded in LIber 5263 cp 295 ; RUNNING THENCE N 520 34 ' 40" west along said last i mentioned land, a distance of 4332 .44 feet to an iron pipe ; I L RUNNING THENCE S880 34130" .est still along said last mentioned land, a distance of 84 .40 feet to an iron pipe ; RUNNING THENCe N 121 37 ' 30" west, along lands now or formerly of Edith V. Webb i. a distance of 190 feet to the ordinary high water mark of Long Island Sound; RUNNING THENCE N 81004 ' 30" east along the ordinary high water mark of Long Island Sound, a distance of 645 .76 feet t Oland formerly of Alvah M. Salmon, now of Robert McIlroy; RUNNING THENCE S . 31026150" east, along -said land and land of Nelson Axien, a distance of 603 feet to a concrete monument. RUNNING THENCE along siad lands of Nelson Axien, the following three courses and distances : (1) N. 68005 ' east 8 .80 feet to a concrete monument; (2) S 79°49 ' 10" east 230.86 feet to a 0 concrete monument: (3) S . 82 04 ' 20" east 503 . 01 feet to a concrete monument. ; RUNNING THENCE along landsnow or formerly of Frederick Hehn, the following two courses and distances : ( 1) S 53036120" east 621 .58 feet to a concrete monument; (2) S 48025 ' 30" east 355 .20 feet to a concrete monument; RUNINNG THENCE along lands now or formerly of Henry Smith, the following four courses and Aistances : ( 1) S . 470 59120" east 1029 .73 feet to a concrete monument; (2) S . 450 17 ' 10" east 218 feet to a concrete monument ; (3) S . 360 27 ' 50" east 169 .85 feet to a concrei monument ; (4) S . 44 026 ' 50" cast 457 .63 feet to a concrete monument; RUNNING THENCE S . 44024 ' 10" east, along land now or ffrmerly of H . Stepnoski, 41 .25 feet; RUNNING THENCE along lands now or formerly of Edith V. Webb, the followin g two courses and distances : ( 1) S . 62011 ' 30" west 220 feet; (2) S . 27 048 ' 30" east 220 feet to the north side of North Road; RUNNING THENCE along the north side of NORth Road, the following two courses and distances : (1) S . 62°11 ' 30" west 87 .33 feet; (2) S . 65044 ' 30" west 84 .52 feet to the point and place of BEGINNING. Containing 56 acres . 7 : 45 p.m. Public hearing on the question of approval of the minor subdivision of Briscoe Smith 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 on the Northwesterly line of Equestrian Avenue , said monument being located 1328 .35 feet North of a point which is 3545 .36 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and thence South 22°09 ' 55" West 22.01 feet along said street line to a drill hole ; thence N. 70°59 ' 10" West 17 . 88 0 feet to a drill hole; thence N . 74, 48' 10" West 46 .65 feet to a drill mark "T" ; thence N. 74°48 ' 10" West 80. 81 feet to a monument; thence S . 15°11 ' 49" West 158. 00 feet to a point; thence S . 71 004d45" East 102 .56 feet to a drill mArk "T" in the side walk on the Northwesterly line of Equestrian Avenue ; thence along said Street line on the following three courses S . 40°36 ' 50" West 153 .23 feet to a monument; S . 21°43 ' 40" West 146 .75 feet to a monument and S . 16°08 ' 00" West 92 .78 feet to a monument ; thence N. 43°51 ' 30" West about 290. 8 feet to the shore line of Little Hay Harbor; thence following the meanders of said shore line in a general Northerly direction about 213 feet to a cross in a boulder; thence S . 61°56 ' 15" East 54x3 feet to a point; thence N. 19°29 ' 45" East 22 . 00 feet; thence N . 190nr , 15„ West 31 . 8 feet; thence N . 86053 ' 45" East 18 . 80 .feet ; thence South 19045 ' 15" East 32 . 75 feet; thence South 19029 ' 45" West 27 .75 feet; thexce S . 5006 ' 15" East 3 .85 feet;thence S . 68019 ' 15" East 69 .85 feet; thence N. 210 40 ' 45" East 51 . 15 feet; thence N. 68019 ' 15" West 26 .5 feet; thence N. 40001 ' 15 " West 51 .5 feet ; thence N. 27011 ' 15" West 59 .6 feet; thence N. 21035 ' 15" West 67 . 1 feet; thence S . 750 09 ' 45" West 34 . 00 feet; thence N. 89042 ' 15" West about 106+ feet to the shore line of Little Hay Harbor; thence following the meanders of said shore line in a general Northerly and North- easterly direction for a distance of about 400 feet; thence S . 35048 ' 00" East 25 . 0 feet; thence S . 60045 ' 00" East 120 . 5 0 feet ; thence S. 77 02 ' 20" East 118 . 11 feet to a drill hole in a boulder; thence S . 34045 ' 10" East 127 .54 feet; thence S . 360 17 ' 05" East 50. 0 feet; thence South 63021 ' 05" East 138 . 0 feet; thence S . 83045 ' 05" East 86 .68 feet to the monument on the North- westerly line of Equestrian Avenue at the point of BEGINNING. Containing 4 . 14 acres , more or less . Said tract is subject to a right-of-way 18 feet in width for ingress and egress to land now or formerly of Elizabeth Parkingson, the center line of said Right-of-way being described as follows : Beginning at a point on the Northwesterly line of Equestrian Avenue , said point being located 957 . 03 feet North of a point which is 3772 .32 feet West of a monument marking the United States Coast and Geodetic Survey Traingulation Station "PROS" and thence running North 51042 ' 15" West 20.38 feet; thence N. 28042 ' 15" West60 .55 feet; thence N. 38029' 15" West 24 .50 feet; thence N. 41049 ' 15" West 58 . 80 feet; thence N. 30011 ' 15" West 33 .50 feet ; thence N. 5006 ' 15" West 81 .60 feet; thence N. 190 29 ' 45" East 24 .88 feet and N. 19045 ' 15" West 32 .28 feet. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated April 22 , 1985 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. , CHAIRMAN ---------------------------------------------------------------- PLEASE PUBLISH ONE TIME APRIL 25 , 1985 AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD MAIN ROAD, SOUTHOLD, NEW York. Copies mailed to the following on April 22 , 1985 : New London Day —GKpfZss RLk\ Suffolk Times Long Island Traveler Watchman Gor n Sammis , esq. riscoe Smith Francis J. Murphy, Supervisor P �15vi F T ' LD S 1 � X Y Southold, N.Y. 11971 (516) 765-1938 April 17 , 1985 Briscoe Smith Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re : Minor subdivision of Briscoe Smith Dear Mr. Smith: The following action was taken by the Southold Town Planning Board, Monday, April 15 , 1985 . RESOLVED that the Southold Town Planning Board set Monday, May 6 , 1985 at 7 :45 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivision of Briscoe Smith located at Fishers Island. Containing 4 . 15 acres . Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary JAN 23 1985 MILBANK, TWEED, HADLEY & MCCLOY I CHASE MANHATTAN PLAZA INTERNATIONAL SQUARE BUILDING 1625 EYE STREET, N.W. NEW YORK, X. Y. 10005 WASHINGTON,D.C.20006 ALEXANDRA HOUSE (212) 5305000 16 CHATER ROAD CABLE: MILTWEEO NEW YORK HONG KONG RAPIFAX 100:530-5219 I COLLEGE HILL I.T. T. 422962, 423693 LONDON EC4R 2RA,ENGLAND BRISCOE R. SMITH W.U. 12-5595 PARTNER NIPPON PRESS CENTER BUILDING DIRECT DIAL NUMBER 2-1 UCHISAIWAI-CHO 2-CHOME (212) 530-5548 CHIYODA-KU,TOKYO 100 Tanuary 22 , 1985 Mr. Bennet Orlowski Chairman Southold Town Planning Board Southold, NY 11971 Dear Mr. Orlowski: On September 26, 1984 you advised that the Southold Town Planning Board granted sketch approval for the minor subdivision for my property located at Fishers Island . After receiving your notice, I promptly applied to the Department of Health Services, which in turn required further surveying and engineering work. That work has now been completed and I have returned the applications for improvements to the Department of Health Services and to the NYSDEC. I hope to have their approval shortly. I trouble you with this information since the Planning Board was interested in diligent prosecution of the application when it last considered this matter. I expect to be able to request a public hearing in the near future. Very truly yours, Briscoe R. Smith BRS :me ONE CHASE MANHATTAN PLAZA 4f ,\ 12 NEW YORK 10005 April 10, 1985 Mr. Bennet Orlowski Chairman Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Mr. Orlowski: Diane Schultze advised me today that our public hearing has been scheduled for May 6, 1985. Please treat this letter as a request for expedited consideration of this minor subdivision application following the public hearing . Our initial application was made on January 31, 1983. It was not acted on prior to May 20, 1983 of which I was advised on June 30, 1983 . (The application had been rejected because of the change from one-acre to two-acre zoning. ) This determination was successfully appealed and on September 24 , 1984 we secured sketch approval . In the interim, we have been vigorously pursuing the approvals of the Department of Health Services and the State Environmental Authority. The immediate need for expedited approval arises from the interest of a contract-purchaser who has agreed to purchase an existing house on one of the parcels effected by - z - the subdivision. He, of course, is anxious to close to begin renovations; we are equally anxious to close. I appreciate your attention to this request and hope that it will be favorably received. Respectfully yours, �. - ---.4L S.�LA Briscoe R. Smith BRS :me cc: Mr. Kent Edwards / Ms. Diane Schultze✓ 0 0 ONE CHASE MANHATTAN PLAZA NEWYORK 10005 APR 8 1985 April 4 , 1985 Ms. Diane M. Schultze Secretary Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Ms. Schultze: I am pleased to enclose two copies of the minor preliminary subdivision plan bearing the consent of the Suffolk County Department of Health Services, dated March 22 , 1985. I have requested our surveyor , Chandler, Palmer & King, to send directly to you a map with a new title -- "Minor Subdivision. " With all this , I trust that a hearing can be scheduled promptly. I am grateful for your cooperation. Very truly yours , \ �....•_....L �. Briscoe R. Smith BRS :me Enclosures i 0 0 ONE CHASE MANHATTAN PLAZA APR 5 e985 NEw YORK 10005 April 2 , 1985 Ms. Diane M. Schultze Secretary Planning Board Town of Southold Suffolk County Southold, MY 11971 Dear Ms. Schultze: This is to confirm our telephone conversation of last week in which you assured me that you would try to secure the earliest possible hearing date for our Fishers Island subdivision. I write after your call because of the grave concern expressed by my purchaser who naturally wants to be assured of a place for his family this summer. Anything you could do to assist would be very much appreciated. Very truly yours, Briscoe R. Smith BRS :me ,%4 c d 4 fyS ONE CHASE MANHATTAN PLAZA NEw YORx l0005 October 1, 1984 Mr. Richard H. Strouse Chandler, Palmer & King 110 Broadway Norwich, CT 06360 Dear Mr. Strouse: The Planning Board of Southold has requested six additional copies of the subdivision plan dated September 22, 1981, amended May 14, 1982, November 26, 1982 and February 14, 1984. I enclose a copy of "requirements for final minor subdivision plan, " all of which I assume have been complied with. Please bill me at the above address for the cost of copying the plans. I very much appreciate your cooperation. Ve truly yours, Briscoe R. Smith BRS:me / cc: Ms. Diane M. Schultze ✓ Secretary Planning Board Town of Southold Suffolk County Southold, NY 11971 0 004 REQUIREMENTS FOR A FINAL MINOR SUBDIVISION MAP �9QQ RESOLVED, That the Suffolk County Planning rolrInission will consider a map of a minor subdivision as acceptable and meeting its requirements if the map: 1. Shows , the property being subdivided in Its entirety and the map contains sufficient data to readily determine the location of the property. 2. Is drawn to a suitable scale that is not smaller than 1:2,400 (1"=200') .' 3. Has been plotted from a reliable source of information, such as, a deed, the Suffolk County Tax Mao, or existing survey maps, and such source isstated on the map. 4. Shows and identifies all existing buildings on the property being subdivided. 5• Shocas the approximate area of the entire tract and the approximate length of each boundary line of the tract. 6. Shows precise information as to the direction and length of each boundary line of each standard size parcel being cut out of the tract and the exact area of such Darcel or parcels. _ 7• Indicates the Tax Parcel Identifier Number of the parcel being sub— divided. Zoning Classification designated on map. Must indicate"Minor Subdivision"--preliminary and sketch plans are not acceptable to the Commission. t `^s 'C"� LAW OFFICES STUYVESANT WAINWRIGHT, II WAINSCOTT ROAD WAINSCOTT, L.I.,N.Y.119J5 (516) 537-3777 DEC 121984 521 FIFTH AVE. NEW YOR I,'N.Y. 10017 (212) 661-5595 December 11, 1984 Honorable Henry E. Raynor, Jr. , Chairman Planning Board Town of Southold Southold, New York 11971 Re: Elizabeth Parkinson Cobb Fisher Island Property Dear Mr. Raynor: Reference is made to my letter of February 22, 1983 and your letter Of February 1, 1984 in regard to the above. Could you tell me if there has been any current developments? Faithf lly yours, Stu yb a t �ail�right II g�FFO(,Y P T D SL Southold, N.Y. 11971 (516) 765-1938 January 15, 1985 Stuyvesant Wainwright, II Wainscott Road Wainscott, NY 11975 Re: Subdivision for Briscoe Smith located at Fishers Island Dear Mr. Wainwright: In response to your letter of December 12, 1984 , the application of Briscoe Smith is still pending beofre the Southold Town Planning Board. No Public Hearing has been scheduled on this matter to date. If you have any questions, please don't hesitate to contact our office. ery truly )ours BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary • i P 3`i� D T �S -� D st�1 s, Y�bY Y Southold, N.Y. 11971 (516) 765-1938 September 26 , 1984 Mr. Briscoe Smith Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re : Minor subdivision at Fishers Island Dear Mr. Smith: The following action was taken at the Planning Board meeting, Monday, September 24 , 1984 . RESOLVED that the Southold Town Planning Board grant sketch approval to the minor subdivision of Briscoe R. Smith located at Fishers Island, plans dated September 22 , 1981 , and amended May 14 , 1982 , November 26 , 1982 and February 14 , 1984 . Would you please forward six (6) additional copies of this survey (see the enclosed for the map requirements) in order that we may make the necessary referrals . Upon receipt of notice that you have obtained approval of the water and sewer system pursuant to Article 6 of the Suffolk County Department of Health Services, we will schedule a public hearing. If you have any questions, please don ' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN OUTHOLD TOWN PLANNING BOARD By Diane M. Or �� d-✓t-o Schultze, SAIetary enc. ! r LAW OFFICES F E B 24 1984 STUYVESANT WAINWRIGHT, II WAINSCOTT ROAD WAIN SCOTT, L I. ry.y.I,D,E (516) 537-3777 521FIFTH AVE. NEW YORK,N.Y. 10017 (212) 661-5595 February 22, 1984 Honorable Henry E. Raynor, Jr. , Chairman Planning Board Town of Southold Southold, New York 11971 Re: Elizabeth Parkinson Cobb Fisher' s Island Property Dear Mr. Raynort Thank you for your letter of February 1 in regard to the above cap- tioned subject. As I believe I indicated, we represent Mrs. Cobb who owns the property adjacent to Briscoe Smith on Fisher' s Island. I would appreciate having copies of all papers filed with the Board and will be happy to pay for these copies, if there is a hearing, I would appreciate being allowed to appear on behalf of Mrs. Cobb. Fai thfully yours, g IT CC: Elizabeth Parkinson Cobb Wu es - t W ri _',�;�Px SEP 111984 MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA INTERNATIONAL SOUARE BUILDING NEW YORK, N. Y. 30005 I825 EYE STREET, N.W. WASHINGTON,D.C.20006 (212) 530-5000 ALEXANDRA HOUSE I6 CHATER ROAD CABLE: MILT WEED NEW YORK HONG KONG RAPIFAX 100:530-5219 I.T. T. 422962, 423893 1 COLLEGE HILL BRISCOE R. SMITH LONDON EC4,ENGLAND PARTNER TELEX: 12-5595 DIRECT DIAL NUMBER NIPPON PRESS CENTER BUILDING (2121 530-5546 2-1 UCHISAIWAI-CHO 2-CHOME CHIYODA-KU,TOKYO 100 September 7, 1984 Re: Minor Subdivision of Briscoe R. Smith Located at Fishers Island Ms. Diane Schultze Secretary Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Ms. Schultze: In response to your letter of August 29, 1984 and our several telephone calls, I am enclosing: a copy of Anne Knutson Waugh's letter to Susan Long dated January 31, 1983; a copy of my letter dated January 1, 1983 to the Planning Board; Town of Southold Short Environmental Assessment Form dated January 15, 1983; application of approval for Plat dated January 15, 1983 with exhibits; and, my check payable to the Town of Southold Planning Board in the amount of $100. I have asked Chandler Palmer & King to send directly to you six copies of the preliminary subdivision plan dated September 22, 1981, revised May 14, 1982, additions November 26, 1982, revised February 14, 1984. b - z _ If anything further is required for the prompt consideration of the Board, I would appreciate your call . I appreciate your very helpful assistance. Ve y truly yours, Briscoe R. Smith BRS :me Enclosures • . EXHIBIT A MILBANK. TWEED. HADLEY & MCCLOY I CHASE MANHATTAN PLAZA INTERNATIONAL sOuwwE 2UIlpI.G NEW YORK. N. Y. 10003 .1225 Eye $,MEET, w.W. WAS...Oro.,Me.Rocco (212) S30-5000 ALEXAwOwA Mouse 00 CABLE: MILTWEED NEW YORK 12 ONDE0 w .oma RA•I FAX 100:630-5219 I.T.T. 422992, 423093 1 COLLEoe MILL LONDON EC4 CHOL..o TELEX: 12-0593 DIRECT DIAL NUMBER MI/roM MREes CENTER 2uILDN.O (212) 930- 5318 2-1 UCMISAIWAI-CMO 2-CMOME CNITOOA•RU,TOKYO 100 January 31, 1983 Ms . Susan Long Planning Board Town Hall Southold, New York 11971 Dear Susan: As we discussed recently, Theodore H. Smith, III and Briscoe R. Smith Am are owners (the "Owners") of a parcel of land situated between the southwester y side of Equestrian Avenue and Little Hay Harbor, on Fisher's Island, New York, containing approximately four acres and being designated in the Town Of Southold as Tax Map 9 Block 3 Lot 13 (the "Premises") . The owners would like to subdivide the Premises into four lots with the hopes of selling one or more of them in the future. I am unclosing the following items for the Planning Board' s discussion: 1. Subdivision map (6 copies) showing property locations and distance to nearest existing street and names of owners and adjoining owners. 2. Letter regarding drainage, grading and road construction. 3. Short Environmental Assessment Form 4. Application for Approval of Plat together with a copy of the Will of Winifred Bartlett Clark. 5. Check in the amount of $100 for the fee of $25 per lot. Please call me if any further information is needed and/or to let me know when the subdivisions will go through the planning board. Sincerely, AK17/msf Anne Knutson Waugh Encl. • • EXHIBIT C MILBANK, TWEED, HADLEY & MGCLOY 1 CHASE MANHATTAN PLAZA NEw YORK, N.Y. 10005 SO ROCS "ZE R PLAZA (212) 530.5000 NEw YORX,N.Y.10020 CABLE: MILTWEEC NEW YORK ALEXANDRA ROUKE RAPIfAX 100f330-SLD 10 NROAD BO AONO K I'T'T 422252,42]5 B] TKLEPHONE:5 205281 BRISCOE R.SNITR TELEX 12 3393 CAELE:RIISwXED HONG KONGTSLEII:8"33 RX PARTNER _ DIRELY DIAL NURSER ^ 1 COLLSOS RILL (232J 530-S5" , \`' 7 LONDON SC4,SNOLAND \ \ TEI.EPNONE: (01) 2N-4203 RAPIPAX:01 930 5959 X1 " P1 U`CRPRESS CENTER DUILDING 2 1 IS AI-CRO 2 CUONE CRIYODA-KU,TOKYO.JAPAN Re: Property of approximate) TELEPRONE'(03) *0410504.15± acres. Located between CwHLE:M=ZSELEX;99,K;28 92 TOKYO DOp2 Equestrian Avenue and Little Hay Harbor on Fishers Island, New York Southold Town Planning Board Town Hall Southold, New York 11971 . Gentlemen: 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 (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, Briscoe R. Smith SQWN OF SOUTHOLD EXHIBIT D SHORT EN NMENTAL ASSESSMENT FORM • INSTRUCTIONS : T-07—In order to answer the questions in this short EAF it is assum: that the preparer will use currently available information concerning th; project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and acompleted Environmental Assessment Form is necessary . (c)' If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment i project resu t in a large physical change to the project siteor physically alter more than 10 acres of land? . . . . . . . . 2 . Will there be a major change to any unique or --Yes X No unusual land form found on the site? . . . . . . . . . . Yes X No 3 . Will project alter or haves large effect on --existing -- body of water? . . . . . . . . . . 4. Will project have a potentially large impact .. . . . . . . . . —'Yes X No on groundwater quality? . . . , . , , 5. Will project significantly effect drainage --YesX No flow on adjacent sites?. . . . . . . . . . . . . . 6 . Will project affect any threatened or . . . . . . . . . ' YesX No endangered plant or animal species?. . . . . . . . . . , Yes X No 7. Will project result in a major adverse effect *— — on air quality? . . . . . . . . . . . . . . . . . 8. Will project have a major effect on visual '——YesX No character of the community or scenic views or vistas known to be important to the community?__Yes X No 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . . . . . . 10. Will project have a major effect on existing Yes X No or future recreational opportunities?. . . . . . . . . Yes X No 11 . Will project result in major traffic problems or cause a major effect to existing transportation 12 . Will rojectregularly'cause objectionable Yes Xx No odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation?. • . . , 13. Will project have any impact on public .health ——YesX No or safety?. . . . . . 14. Will project affect the existing community by 'YesX No directly causing a growth in permanent Population of more than 5 percent over a one year period or have a major negative effect on the choracter of the community or neighborhood? . . . . . . . . . . . . . . 15. Is there public controversy concerning the --YesX No project? . . . . . . . . . . . . . . . . X /7 . . . . . . . . . . . . . . . . . . Yes No PREPARER ' S SIGNATURE G( ,c�L � `ZL4 zt-� REPRESENTING_ grig.r,3p R Smith DATE 1/15/83 • EXHIBIT E APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The in accordance with Town Pplies for andttheaRules and ) approval of a subdivision plat Regulations of the Southold Town Planning Board, and represents and states as foilows: 1. The applicant is the owner of record of the land under application. (If tite applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ........ ............ 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 off e follows: icas Liber ..... .............. ..... Page ............. Liber ................. : Page ........... ...... ..... On Liber ..... .... .......... ..... Page Liber . ...................... . Page ....... ............... On ....... Liber .... ................. : .... Page as devised under the Last Will and Testament of or as distributee ........ "' ' .............. . .... .............................................. 5. The area of the land is ....4.15 ; •••••.. acres. 6. All taxes which are liens on the land at the date hereof have been paid erCepr ...• ............... ... ........ y 7. The land is encumbered b . ..•""""' mortgage (s) as follows: " NQNE........................................... ...................... (a) Mortgage recorded in Liber ..„•... Page ................. ... in original amount of $............. ... unpaid amount $......... ...... . held by ................. ..................... ......... ..... address ....................................................... (b) Mortgage recorded in Liber ........... Page .................... in original amount of $................ unpaid amount $................ held by ........ ................... .......................... address ........ ............................................ .. (c) Mortgage recorded in Liber ... ... .. . .. . Page . . . .. ..., •••• •• •• .. . in original amount of $. .. ...... .. . . ... unpaid amount $. .. .... .. .. . . .. . held b ... ... ...... I. .. . . .. .. .. ... address . .. .. . S. Thtre are no other encumbrances or liens against the land except NONE ... . .. ........ .. .......... .......... . . 9. The land lies in the following zoning use districts ,A Residence District ...... .............. .. .. ....... .. .. ...... .. . .......... ...... ... . .. . . . 10. \'o part of the land lies under water whether tide water, stream, pond water or otherwise, ex- N/A cept . .. .. .. .. . ................. .. ............................... 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ... N/A . ...... .......... ................... ... 13. Water mains will be laid by ,N/A. . .. ., . ; .. . . . . . . .. .. ...... .. .. .............. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by .,N/A.,,• ,,,, ......... .... .......... . . . . . .. ...... ...... .. .. .. .... .. .... . and (a lines. ) (no) charge will be made for installing said 15. Gas mains will be installed by . ..V/A •, , ,,,, , 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 County Highway system, annex Schedule "B" 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 Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The aplicant estimates that the cost of grading and required public improvements will he $.•.NIA... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. N/4. . ... years. The Performance Bond will be written by-a licensed surety company unless otherwise shown on Schedule i January 15 THEODORE H. SMITH III and N DATE 19.83 BRISCOE R. . .. .. SMITH ('Came of Applicant) """"'•••••••••• By 6, 5- ✓�.... ....... (Signature and Title) ............. . A7..A111.Road,.BxoIIgyj11e.,1jew.XgLg...... . (Address) STATE OF NEW YORK, COUNTY OF ... .,New York On the ... ., ss: /. . .. ...... . day of January 1983.. ., before me Briscoe R. Sdith Personally came .. "'••••• •••••.. to me known to be the individual described in and wh,> executed the foregoing instrument, and acknowledged that .,he,,, executed the same. Notary Public AN & KNUTSON &%ftrY Public,State of Now yo* No. 7-234 OUNVIed in31-4oNow Yk Cowan STATE OF NEW YORK, COUNTY OF *tstwr Aoltaa>ra,ft't aIn# On the ....... .. ........ . .. ........ . Y of . .. .. .... ., 19. .... .. before me personally came pose and say that to me known, who..... being by me duly sworn did de. resides at No. ... ... .. .. ................ ......... .. .......... ................. ..................... ...that .... . ......................... is the ....... ..... ........ .. . of ... .. ...... .. ........... ...... ................ the corporation described in and which executed the foregoing instrument; that ... .... the seal of said corporation; that the seal affixed b knows y order of the board of directors of said torpor. ation, and that ............ signed ,,,,,,,,,,, ,name thereto by like order. \otarPu ........................... Y blit ••..... N i_�f ONCLE F.__.EO rFEV`E7__\L_ F1 •`�=til� � � .Y' �� �. d 43 IV ' + - N F IEl12Abt 14 )fr' •r••'� C , s + ~• sfr a to .rxcWyy,�54o:C1�"15101 P1.A1{ � '1-�L� clr rl 4VF rJl C __ I - �� >o• � .r4 { Ci Hf 1'. 1 � Ir- , Jt /J -: I N N Y •�• a4�y wa � � .. N � I it tee• �--- a An Win 64L117 . L _ - �>.�. 1' �.:` - '1 !! r- - Nes• 1 tA .. s LOT is f \ ►. ftaee.2% lI Z 10 ! I 1.014 A[CA.b.Wat sa it I P�EUt11NARY `•.4A1`1 't� � :AIj . � . ' ' - . . � .. } ant IlIx yar BP1SC '�F SbfITH ET_Al. "'a' • a. 1 " y .� to 4y~'••s EC UC�T RU r.I AVENUC � � '° ,, �..�• �'•t.,+tt .. . FIC HEI:. I:i�.l..,� _ ,JM,W `.rim:. � • Ir ' •+•.,.aaa.•a.u.a acres ... .-,�..wqa. .e.,..•:Yc.�. ^ a A i I, WINIFRED BARTLETT CLARK, of Greenwich in the County of jFairfield, State of Connecticut, make this will, hereby revoking all wills heretofore by me made: FIRST: I direct that my funeral expenses and all my debts be paid by my Executors hereinafter named as soon after my death as shall be practicable. I also direct that the place of my burial shall be at Fishers Island, New York, that a suitable headstone be erected at my grave by my Executors and that the sum of Twenty-five Dollars ($25.00) yearly be used for the care of* the planting on the lot for which last named purpose the Executors I 1 are directed to set aside the sum of Five Hundred Dollars ($500.00I I! so as to provide the necessary income. j SECOND: I give and bequeath all the writings and paintings �I done and created by me and published before my death and all the I! ' Ij royalties to be produced by any such writings to be divided ' I� Iequally between the Mount Angel Abbey (Monastery and Seminary of i! the Benedictine Monks, St. Benedict, Oregon 97373) and St. Judels I+ Shrine 512 W. Saratoga Street, Baltimore , Maryland. All menu- i !' scripts and writings unpublis.ad at the time of my death 2 give and bequeath to Mary Ranson Smith of East Hunting Ridge Road, Stamford, Connecticut, to do with as she sees fit. THIRD: I give, devise and bequeath to said Nary Ranson Smith !I the use for her life of all the real estate of which I may die i Possessed and on her death I give, devise and bequeath the same to Brisco Ranson Smith and Theodore Hubbell Smith 3rd to be theirs absolutely, II FOURTH; I give and bequeath all my furniture, 'furnishings, i household and personal effects of all kinds, including wearing iapparel, wheresoever the same may be situated to said Mary i i. Ranson Smith, i iiFIFTH: I direct that any succession, inheritance, or estate j or transfer tax on any legacy o: devise hereinbefore giver. shall ! be paid out of my estate so that no such legacy or devise shall I _ 2 C be chargeable with any part of such taxes , whet�'r state or federal. SIXTH: All the rest, residue and remainder of my estate, wheresoever the same may be situated, I give and bequeath to said Mary Ranson Smith to be bars absolutely. SEVENTH: I have made no provision in the will for my husband, Frank J. Clark, inasmuch as he has substantial estate of his own; but if my husband should assert his statutory rights it is my wish and will that his share be computed in such a way that my real estate known as 'The Anchorage on Hay Harbors in Fishers Island, New York, be not included therein, but shall go as above provided in this will. EIGHTH: I appoint said Brisco Ranson Smith, Theodore Hubbell Smith 3rd and said HARTFORD NATIONAL BANS AND TRUST COMPANY Executors of this will. No bond shall be required cf said Executors . IN WITNESS WHE MOF, I have hereunto set my hand and affix my seal at New London, Connecticut, this 3o day of A 1969. J i �i Signed, sealed, published, and declared to be her last wi 1 i and testament by the said WINIFR D BARTLETT CLARK, Testatrix, in tae presence of us , who in her presence , and at her reques and in the presence of each other, have hereunto subscribed c names as witnesses at New London, Connecticut, this v C day 196 taucsw �-G of f�JirXw . -t of 7,Kez' of �. sr' q Town Hall, 53095 Main Road 'C P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY -�.;. TELEPHONE TOWN CLERK REGISTRAR Of VITAL SI XI ISTICS (516)765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 2, :1984 Ann Jacobsen, Legal Assistant Milbank, Tweed, Hadley E McCloy 1 Chase Manhattan Plaza New York, New York 10005 Dear Ms. Jacobsen: Enclosed herewith is 'a certified copy of the decision of the Southold Town Board with regard to the petition of Briscoe R. Smith for relief from the Bulk requirements of .the Zoning Code with reference to certain real property on Equestrian Avenue, Fishers Island, New York. Very truly yours, Judith T. Terry 4 Southold Town Clerk Enclosure Town Hall, 53095 Main Road P.O. Box 728 JUDITH T.TERRY pi, Southold, New York 11971 TOWN CLERKTELEPHONE REGISTRAR OP VITAL S I NJ ISTICS K (516)765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 31, 1984: WHEREAS, Briscoe R. Smith, by petition dated March 7, 1984, applied to the Southold Town Board for relief from the Bulk requirements of the Zoning Code with regard to a four-acre parcel of land located between the southwesterly side of Equestrian Avenue and Little Hay Harbor, Fishers Island, New York, and WHEREAS, said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommenda- tions, and WHEREAS, a public hearing was held by the Southold Town Board on said petition on the 17th day of July, 1984, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Briscoe R. Smith be granted relief from the Bulk require- ments of the Zoning Code as provided in Local Law No. 11 - 1983. with regard to a four-acre parcel of land located between the southwesterly side of Equestrian Avenue and Little Hay Harbor, Fishers Island, and be it further RESOLVED that the premises described in said petition shall be subject to the Bulk requirements of the Southold Town Zoning Code in effect prior to May 20, 1983. August 2, 1984 Ju ith Terry Southold Town Clerk g; Town Hall, 53095 Main Road U� P.O. Box 728 JUDITH T.TERRY Southold, New York 11971 TOWN CLERK TELEPHONE REGISTRAR or VITAL S1 N1 OFFICE OF THE TOWN CLERK (516) 765-1801 TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 31, 1984: RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 31 adopted on April 10, 1984 whereby they declared themselves lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Theodore H. Smith III and Briscoe R. Smith for relief from the Bulk requirements of the Zoning Code with refer- ence to proposed minor subdivision located on the west side of Equestrian Avenue, Fishers Island, New York. August 2, 1984 C' Terry Q Southold Town Clerk P ( D TOS +` D S CTF?O Y Southold, N.Y. 11971 (516) 765-1938 May 25, 1984 Mrs. Judith Terry Town Clerk Southold Town Hall Southold, NY 11971 Re: Theodore H. Smith and Briscoe Smith petition from bulk; requirements of the zoning code Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board at the regular meeting of May 21, 1984 . RESOLVED that the Southold Town Planning Board recommend to the Town Board that the relief petition of Theodore H. Smith III and Briscoe R. Smith be denied since sketch approval was not granted prior to May 20, 1983 on this minor subdivision. Enclosed is a copy of the events which occured between the applicant and the Planning Board regarding this subdivision. Very trulyW yours, BENNETT ORLOWSKI,JR. , CHAIRMAN OUTHOLD TO PLANNING BO.,]�RD By Diane M. Schultze, Secretary enc. cc: Briscoe Smith with enclosure Briscoe R. Smith and aodore H Smith III minoriabdivision Relief petition The following is a list of events which transpired between the applicant and the Planning Board with regard to the minor subdivision as mentioned above . January 31, 1983- Letter of transmittal from Anne Wauge to the Planning Board enclosing 6 subdivision maps of Briscoe and Theodore Smith, letter regarding drainage, road construction and grading, Short Environmental Assessment form, application for approval of plat and check in the amount of $100. February 7 , 1983- preliminary map received (2 copies in file) March 28 , 198.S- Planning Board reviewed the application at a regular meeting. The noted that this subdivision application is not the same property of the approved subdivision under the same name filed in 1979. Mr. Wall questioned whether lot number three was buildable . It was the concensus of the Board to field inspect the area and Mr. Wall will notify the Board of a convenient date . May 3 , 1983- Planning Board had scheduled a special meeting to be held at Fishers Island, however, due to the weather it was held at Southold Town Hall. It was noted that no action would be taken by the Board on this proposal of Briscoe Smith as this meeting was not held at FlsherSJIsland. June 30, 1983- Letter to the applicant from the Planning Board returning application because it didn ' t recieve sketch approval prior to May 20, 1983 . July 13 , 1983- Letter from Briscoe Smith requesting advice on how he could continue with 1-acre lots as he felt the delay was the Planning Board' s July 15 , 1983- Letter to Councilman Murdock, Chairman of the zoning committee from Briscoe Smith requesting to be placed on the exemption from 2-acre zoning list. July 18 , 1984- Letter to James Wall from the Planning Board Chairman requesting that he advise Mr. Smith on the status of the existing changes in the Town of Southold. July 24 , 1984- Letter to the Planning Board from Briscoe Smith requesting that his complete application be returned as he will be filing for relief from the new zoning requirement. January 31 , 1984- Letter to Briscoe Smith from the Planning Board stating there probably was some hardship h1-YJ1 cTp e1� Smith napr subdivision . pg.2 relief JWtition created as a result of the office not being able to process the application due to an extreme overload of subdivision requests . It was agreed that a petition should be forwarded for consideration of relief from Local Law 7 to the Town Board . It was also explained that by retaining the complete file here in the Planning Board office, it will be more expedient for the Town Board to review same. Briscoe R Smith and *odore H Smith III minor Obdivision Relief Petition The following is a list of events which transpired between the applicant and the Planning Board with regard to the minor subdivision as mentioned above . January 31 , 1983- Letter of transmittal from Anne Wauge to the Planning Board enclosing 6 subdivision maps of Briscoe and Theodore Smith, letter regarding drainage, road construction and grading, Short Environmental Assessment form, application for approval of plat and check in the amount of $100 . February 7 , 1983- preliminary map received (2 copies in file) March 28 , 198 - Planning Board reviewed the application at a regular meeting. The noted that this subdivision application is not the same property of the approved subdivision under the same name filed in 1979 . Mr. Wall questioned whether lot number three was buildable . It was the concensus of the Board to field inspect the area and Mr. Wall will notify the Board of a convenient date . May 3 , 1983- Planning Board had scheduled a special meeting to be held at Fishers Island, however, due to the weather it was held at Southold Town Hall . It was noted that no action would be taken by the Board on this proposal of Briscoe Smith as this meeting was not held at Fishers3Island. June 30, 1983- Letter to the applicant from the Planning Board returning application because it didn' t recieve sketch approval prior to May 20, 1983 . July 13 , 1983- Letter from Briscoe Smith requesting advice on how he could continue with 1-acre lots as he felt the delay was the Planning Board' s July 15 , 1983- Letter to Councilman Murdock, Chairman of the zoning committee from Briscoe Smith requesting to be placed on the exemption from 2-acre zoning list. July 18 , 1984- Letter to James Wall from the Planning Board Chairman requesting that he advise Mr. Smith on the status of the existing changes in the Town of Southold. July 24 , 1984- Letter to the Planning Board from Briscoe Smith requesting that his complete application be returned as he will be filing for relief from the new zoning requirement. January 31 , 1984- Letter to Briscoe Smith from the Planning Board stating there probably was some hardship Smith minor subdivisi� pg.2 . relief petition • created as a result of the office not being able to process the application due to an extreme overload of subdivision requests . It was agreed that a petition should be forwarded for consideration of relief from Local Law 7 to the Town Board . It was also explained that by retaining the complete file here in the Planning Board office, it will be more expedient for the Town Board to review same . Town Hall, 53095 Main Road v0 P.O. Box 728 Southold, New York 11971 JUDITH T.TE RRY TELEPHONE TOWN CIT R R (516)765-1801 REGISTRAR Or V 11 Al S1 \1 IM ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 1984 Mr. Henry E. Raynor, Jr. , Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Henry: Transmitted herewith is petition of Theodore H. Smith, III and Briscoe R. Smith for relief from the Bulk requirements of the Zoning Code under Local Law No. 11 - 1983. Please prepare an official report defining the conditions described in said petition and forward your recommendations to me. Very truly yours, Cl' Judith T. Terry Southold Town Clerk Attachments • o �J` OFFICE ORNEY �,7 D TELEPHONE ROBERT W.TASKER !Y •n� - fl (516) 477-1400 Town Attorney ','�Jf/ 425 MAIN ST. RECEIVED GREENPORT, L.I., NEW YORK 11944 April 4, 1984 /,�R 612$4 Town Clerk Sou'nold Hon. Judith T . Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Minor Subdivision Application of Theodore H. Smith, III and Briscoe R. Smith involving premises at Fishers Island Dear Judy: I have reviewed the documents sent to me relative to the above subdivision. It is my opinion that the petitioner qualifies for consideration for relief pursuant to Section 100-31. 113(1) of the Zoning Code which provides that "(1) Minor Subdivision Maps for which application for sketch plan approval was filed with the Planning Board prior to March 20, 1983;" The application for sketch plan approval is dated January 1, 1983, to which is attached a letter of transmittal and a check to the order of the Town of Southold. It is presumed that this application was received by the Planning Board prior to March 20, 1983. In fact, the Planning Board Minutes of its meeting held on March 28, 1983, refers to this subdivision map. Also, in the Planning Board's letter of January 31, 1984, the Planning Board appears to confirm the fact that the application was filed prior to March 20, 1983, since it indicates that the applicant is entitled to relief from the provisions of Local Law No. 7. Yours very truly, ]j ROBERT W. TASKER RWT :as MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA INTERNATIONAL SQUARE BUILDING IB25 EYE STREET, N.W. NEW YORK, N. Y. 10005 WASHINGTON,D.C.20006 ALEXANDRA HOUSE (212) 530-5000 16 CHATER ROAD CABLE: MILTWEED NEW YORK HONG Xorvc RAPIFAX 100:530-5219 I COLLEGE HILL I.T.T. 422962, 423693 LONDON EC4R 2RA,ENGLAND RECEVED TELEX: 12-5595 NIPPON PRESS CENTER BUILDING '- Y El. V 2-1 UCHISAIWAI-CHO 2-CHOME DIRECT DIAL NUMBER (212) 530- 5344 -. 'j ,} q cHIroDA-Xu,TOKYO I00 1 ��`J't Iowa Clerk 5ouinoty March 1, 1984 Ms. Judith T. Terry Town Clerk Town of Southold Town Hall, 53095 Main Road Southold, New York 11871 Re: Petition of Briscoe R. Smith for Relief from Local Law No. 7, 1983 Pursuant to Section 100-31A, Southold Town Code Dear Ms. Terry: Enclosed is the Petition of Briscoe R. Smith in connection with the above matter, together with a check for $100. 00 covering the filing fee. Also enclosed for the convenience of the Town Board are five additional copies of the subdivision map. Would you please telephone me when you have received this letter and enclosures. Thank you for your kind help and courtesies extended by your office. Sincerely, 1/n/��_ Ann Jac sffb en Legal Assistant Enclosures Certified Mail CHECK LIST TO BE SUBMITTED WITH PETITION Date March 1, 1984 Applicant Briscoe R. Smith c/o Milbank, Tweed, Hadley & McCloy Address 1 Chase Manhattan Plaza, New York, N. Y. 10005 Subdivision Name None (Southwester)Y side of Equestrian Avenue and —�itfre Hay�larbor) Hamlet Fishers Island Subdivision Classification XX Major Minor Number of Lots 4 Number of Acres 4 .15 + Sketch Plan Submitted January 31, 1983 (copy attached) (major & minor) Application Submitted January 31 1983 (copy attached) (major & minor) Sketch Plan Approval (major & minor) Preliminary Maps Submitted (major only) Preliminary Hearing Held (major only) Preliminary Approval (major only) Final Maps Submitted (major & minor) Final Hearing Held (major & minor) Final Approval (major & minor) (ATTACH SUPPORTING DOCUMENTS IF AVAILABLE. ) b.4.� 7 44 TOWN OF SOUTHOLD COUNTY OF SUFFOLK To an Berk Scull-,old - - - - - - - - - - - - - - - - - - - -x In the Matter of the Petition of Briscoe R. Smith VERIFIED for Relief from Local Law No. 7, PETITION 1114� 1983 Pursuant to Section 100-31A, Southold Town Code - - - - - - - - - - - - - - - - - - - -x The Petition of Briscoe R. Smith respectfully shows: 1. Petitioner owns, together with the Estate of his brother Theodore H. Smith, III, a parcel of land located between the southwesterly side of Equestrian Avenue and Little Hay Harbor, Fishers Island, Suffolk County, New York containing approximately four acres and designated as Tax Map 9, Block 3, Lot 13. Petitioner makes this application on his own behalf and on behalf of his brother' s estate. 2. This is an appeal to the Town Board of the Town of Southold for relief from Local Law No. 7, 1983 (which increased the minimum area requirements for residential lots to 80, 000 square feet, effective May 20, 1983 ) pursuant to Section 100-31A of the Southold Town Code. 3. Petitioner requests that the provisions of the Bulk and Parking Schedule in effect prior to May 20, 1983 be made to apply to the minor subdivision for which Petitioner made formal application on January 31, 1983. (a) Petitioner Filed an Application for Sketch Plan Approval with the Planning Board Prior to March 20, 1983. 4. Petitioner submitted an application for approval of the proposed subdivision map, accompanied by the appropriate documents required for minor subdivision approval , on January 31, 1983 (see Exhibits A - F) . (b) Petitioner Diligently and in Good Faith Prosecuted Application 5. The following sequence of events, from the time of Petitioner' s determination to apply for approval of a subdivision to the effective date of the new zoning laws, is offered for consideration by the Town Board and illustrates Petitioner' s diligent and good faith prosecution of the application. 6. On January 31, 1983, after discussion with the Secretary of the Planning Board, Petitioner filed a sketch plan for approval by the Southold Planning Board. Petitioner believed that all necessary papers had been submitted to enable the Planning Board to act. 7. On February 11, 1983, inquiries made to the Secretary of the Planning Board disclosed that Petitioner' s application would not be considered at the Board' s February meeting, but would be placed on the agenda for its meeting scheduled for March 7, 1983. 8. On March 9, 1983, further inquiries were made of the staff of the Planning Board. These inquiries disclosed that due 2 to time limitations, the Board had been unable to review Petitioner's application at its March 7 meeting. It was then placed on the agenda of the next meeting of the Board, to be held either on March 28 or April 18, 1983. 9. At its March 28th meeting, Petitioner understands that the Board considered Petitioner's application and it was decided that the Board should go to Fishers Island at a date convenient with the Fishers Island representative, Mr. James Wall, to do a field inspection. If the subdivision lot lines were deemed appropriate at that time, the subdivision was to be placed on the agenda of the next Board meeting for review and approval. If the Board did not approve the subdivision lot lines, it would request that the sketch maps be revised. The Secretary of the Planning Board, Susan Long, said that she would contact Petitioner' s office after the Board had made its field inspection. 10. Early in May, :Petitioner spoke informally with Mr. Wall to determine if there were some problem with the Board' s approval of Petitioner' s subdivision application. He stated that there was no problem and that the application would be approved. 11. By letter dated June 30, 1983 (see Exhibit G) , Mr. Raynor, Chairman of the Southold Planning Board, informed Petitioner that although Petitioner' s minor subdivision application was distributed and reviewed by each member of the 3 Board, it did not receive sketch approval prior to May 20, 1983, the effective date of the new zoning requirements of 80, 000 square foot lots legislated by the Southold Town Board. (c) Final Sketch Approval was not Granted Prior to May 20, 1983 due to Circumstances Beyond the Control of Petitioner. 12. Petitioner' s application for a minor subdivision was timely filed and met the applicable regulations in effect at that time. Further, Petitioner' s diligently pursued sketch approval by frequent contact with the Staff of the Planning Board, receiving periodic status reports indicating the probability of a favorable outcome. 13. The fact that five full months elapsed from the time of filing of Petitioner's application until notice by the Board that such application was no longer eligible under the new regulations was in no way due to any acts of omission on the part of Petitioner. The ultimate failure to obtain the Board' s final approval prior to the effective date of Local Law No. 7 was entirely due to circumstances beyond the control of Petitioner. WHEREFORE, Petitioner respectfully requests a favorable determination and approval of the minor subdivision application. Respectfully submitted, Briscoe R. Smith New York, _N.Y.- March 1, 1984 4 VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK BRISCOE R. SMITH, being duly sworn, says: I have read the Petition herein and know the contents thereof and the same is true to the best of my knowledge, information and belief. A &.A- nBrisBriscoe coe R. Smith Sworn to before me this 1st day of March, 1984 ANN A. JACOBSEN NO3ABT PUBLIC. State of Now Yesk Na 41-4784101 QQWM*d in Queens Coaaty Certificate filed in New York Counep - Cmomiadm Hr�i Nawk 34 1Y83 • EXHIBIT A MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA INTERNATIONAL SOUARC BUILDING I825 EYE STREET, N.W. NEW YORK, N. Y. 10006 WASHINGTON,O.C.20006 ALEXANDRA HOUSE (212) 530-5000 16 CHATER ROAD CABLE: MILTWEED NEW YORK HONG KONG RAPI/AX 100:330-5219 1 COLLEGE HILL I.T.T. 122962, ♦23693 LONDON ECA, ENGLAND TELEX: 12-5595 NIP/ON PRESS CENTER BUILDING DIRECT DIAL NUMBER 2-I UCHISAIWAI-CHO 2-CHOME (212) 530- 5318 CHIYODA-KU,TOKYO 100 January 31 , 1983 Ms . Susan Long Planning Board Town Hall Southold, New York 11971 Dear Susan: As we discussed recently, Theodore H. Smith, III and Briscoe R. Smith oft are owners (the "owners") of a parcel of land situated between the southwesterly side of Equestrian Avenue and Little Hay Harbor, on Fisher' s island, New York, containing approximately four acres and being designated in the Town of Southold as Tax Map 9 Block 3 Lot 13 (the "Premises" ) . The owners -would like to subdivide the Premises into four lots with the hopes of selling one or more of them in the future. I am enclosing the following items for the Planning Board' s discussion: 1. Subdivision map (6 copies) showing property locations and distance to nearest existing street and names of owners and adjoining owners. 2. Letter regarding drainage, grading and road construction. 3. Short Environmental Assessment Form 4 . Application for Approval of Plat together with a copy of the Will of Winifred Bartlett Clark. 5. Check in the amount of $100 for the fee of $25 per lot. Please call me if any further information is needed and/or to let me know when the subdivisions will go through the planning board. Sincerely, AKId/msf Anne Knutson Waugh Encl. :f NOTES : 4 1, OWNEr- �, SUDDIVIDEF, K15CDE SM iTH, E.T. EL <�r� �IAiLIh1G &DWE�SS: CHASE k1A4JHATTAIJ PLAZA CMM 4WO WE W Y MK) U.Y. i 000 s 2. SITE 15 LOCATED lit SUFFoI COUNT`( O G.A, ��` TDWW DV $WnAOLV TA.X IAAF 9 5LOCK3 LOT 13 i Sao 4: h 3. 000TDUKS AVE 5445ED ou mr=AI,4 LOVJ TIDE 4. SEWAGE NSMGJS .L ON SITG 5. AKEA OF SV�DIVISI ON = 4.t5 ; ACZ:F.S 6. PCoPerTY IS to DISTKICT sU 'y v E ,�F���I A►,1 v- Cc 4-IL O se Iw Ift 3, V 4e0 !o0 sllJlBplV15i()VA PLAN �A i -T Vit . -_ E C� U E. u-T K 1 A,, Cv z,.\/ E N U Gti4AN('�" �, PAI IAECC tt KtNCa s�I Ri:©iCW1C��. 'COtiNE .TIC.Ur- ZZ, r a' vrsF� �PY /4, 1119 ADD►TIpNS: MOV. S` i98$ ..l MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA NEW YORK, N.Y. 10005 50 ROCKEPELLER PLAZA NEW YORK,H.Y.10020 (212) 530-5000 ALEXANDRA HOUSE CABLE: MILTWEED NEW YORK 16 CHATER ROAD HONO KONG RAPIFAX 100:530-5219 TELEPHONE: 5 265251 I.T.L 422962,423693 CABLE:MILTWEED HONG KONG TELEX:fi6Q55 HX TELEX:12 5595 1 COLLEGE HILL BRISCOE R.SMITH ^ LONDON Eco,ENGLAND PARTNER \`I LEPHONE: (OI) 246'4205 DIRECT DIAL NUMBER \ \ ` RAPIFAX:O1-250 6955 (212) 530-5548 NIPPON PRESS CENTER BUILDING 2 1 UCHISAIWAI-CHO 2 CRONE CHIYODA-KU,TOEYO.JAPAN TELEPHONE I(OS) 504-1050 LE:MILTEAST TOKYO Re: Property of approximately CABTELEX:2222992 4. 15± acres. Located between Equestrian Avenue and Little Hay Harbor on Fishers Island, New York Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: 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 (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, Briscoe R. Smith . r � y Y ill I I Mill 51 State of Con cticut, 1 ss. Court of Probate, .S.eB.t=! Pr. ................ 19..G$... District of Stam rd, J I, LOUIS J. IACOV , udge of said Court and keeper of the seal thereof, do tify that, at a Court of Probate held at Stamford, within and the District of Stamford, on the . . .. . ..2 t . ... . . . . . . . .. . . . . . . . .. . . . . .. . .. . . . day of . .SaRtembar. . . . . . . . .. . . . .. . . . . . ... .. . .. . .. 1e6.&,. .Ma . . Ranson. .5mith,. .4t . said. . . .. . .$tord,,Theoore. .Subbe Sm3th.Ill .o .Dar Ranson Smith of Bronxill New York .. . of the last will and w..ere.... y said Court approvedas . . . . . . execut.or' testament of . . .The ad ore. Hubbe 11.SM-1 , . Jr. • •• • •• •• • •' • • •• . • ' • • ' • ' . • • • ' • late of Stamford, in said District, . . .. . . . . .. . . . . .. . . . . .... .. . .. .. . .... . . . . . . . . •. . . . . .. •• • • . deceased, and thereto duly appointed in and by said will; and that on said day the said $r.Y. . . nson„$mith,TheodOre Hubbell. Smith._. And ..III..and . Br7.5C.4e. .$E1nS On.Smi. . .• . •. . .. . • •. • •• ' ' •• • '' • •• • appeared in Court/accepted said trust, a[M�E $Khd�FdF[�[2 8�-== F.= Ekes-'�3tFftf�A�49F==== _ law, whereupon letters testament were then and there granted to . .. ..t•h.am. . . . as such execut• Ars . . . . .; that the said appointment i ow in full force and unrevoked and that th doings of said MarY. „Smith,, The odor . Hubbell, Smith .zzZ. .�nd, .$xiscoe .Ran, _ _ n, Smith .• . . . . . • , , ,,..• . .. . • as such execut.4r . . . . .. .. . . . are entitled to full credit, as by the record [hereof wt more fully appear. IN WITNESS WHEREOF, I have hereunto set my hand an affixed the seal of said Court the and year first a e mentioned. y'y y . ..Judge. �”. _ ws .eV n crag.. • *} - "+V4' .a,e..w�. �` _..x -ern.J~�'S"�'�A.' ,..-.•_...,cr y�., .,W' 1�t" .. ,. ,r Jv�.CC�ss.�-. ,Hn+�i;-e•' -i -..r •y,,,T• � s .-x -nvd�.,e�h+t �` -.. q..-..mow..•. at .�,w.. Pk'f'v"`�'. i. •+. ':a� 1"•'.�'� �.-- �Yx �L -� �.xFwF.s'°` ♦ ,.-s.. '•p'xJS>�pr+.f.Pt'=- 3.sC: -:r. vs TC* OF SOUTHOLD • EXHIBIT D SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : a In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project resu t in a large physical change to the project site or physically alter more X No than 10 acres of land? . . . . . . . . . —Yes 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . .—Yes X No 3 . Will project alter or have . a large effect on Yes X No existing body of water? . . . . . . . . . . . . . . . . . . . . . , — 4. Will project have a potentially large impact X No on groundwater quality? . . . . . . . . . . . . . . . . . . . . . . .—Yes 5. Will project significantly effect drainageYesX No flow on adjacent sites? . . . . . . — 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . _Yes X No 7. Will project result in a major adverse effect yes X No on air quality? . • ' — — 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community?—Yes X No 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental areaX bya local agency? . . . . . . . . . . . . ... . . . :_ . :'. • • =—Yes No 10 . Will project have a major effect on existing or future recreational opportunities? . . . . . . . . .—Yes X No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . ._YesX No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? . . . • • —Yes - No 13 . Will project have any impact on public health . . YesX No or safety? 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or . • • • • • • • Yes- No neighborhood? . 15 . Is there public controversy concerning the Yes No project? . . . . . . . ./.,. . . . . . . ./... . . . . . . . . . . . . . . . . . . — — PREPARER ' S SIGNATURE REPRESENTING RrigrnP R smithDATE 1/15/83 _ C • EXHIBIT E APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ..•NONE .. .. .... ...... .............................. ... ....................... ................ ......... ............... .............................. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .. .. ...... ...... ....... Page ... .. .............. .. . On ........... .... ......... ; Liber . .. .. ................... Page ...................... On ............. ........... ; Liber ..... ........ ...... ..... Page .... . .. .......... .... . On ........................ ; Liber . ............ ...... .. ... Page . ............ ......... On ........... ............. ; Liber . ................ ...... . Page ............... ...... . On . ....................... ; as devised under the Last Will and Testament of .W. ;(h. cY A..x.'...41��►!� a.tk � oras distributee . ......................... .................. ............................ .. .. .. ....................................... ... .. .............................................. 5. The area of the land is ....4:15 # ... acres. 6. All taxes which are liens on the land at the date hereof have been paid empr .......... .... .... ........ ........ ...................... ...... .................... ........................ 7. The land is encumbered by ...XQU..... ................................................. mortgage (s) as follows: (a) Mortgage recorded in Liber ..... ... . ... Page . ................... in original amount of $... . . .... ....... unpaid amount $..... .... ...... . held by ............ .............. ... ....................... address .............. ......................................... (b) Mortgage recorded in Liber ..... ....... Page ............. .... ... in original amount of $.... . ........... unpaid amount $......... ....... held by ........................... ..... .. ................ ... address ........ .... .. .. ...... .............................. .. (c) Mortgage recorded in Liber . .... . ..... . Page . . . . . .... .. .... .... . in original amount of $. .. .... .. .... ... unpaid amount $.. . . . .. .. . . . . .. . held by . .......... . .... ... ..... .. . . .. . ... .. .. .... .. .. .... .. . address . .. .. ... . . . . .. .. .... .. ...... .. ........ . .... ........... S. There are no other encumbrances or liens against the land except . NONE, ,,,, ,, ,,,,,,,, ,, , ... .. .. .. ...... .... ...... ....... . . . .... ..... . . . . . . .. .. .. .. ...... .. ...... .. .... . ..... . .. . . . A Residence District 9. The land lies in the following zoning use districts . ........ ........ ........ .... .. ....... . . . ..... . . . . . .. .. ...... ... ....... . . ........ .. .. .. . . .... .. .... ... ............... . . .... . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- N/A cept . .. .. .... . . .... .. .... .. .... ... . ...... .... .... ...... .... ...... ................... .. . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if is-trict, if within a District. is . .. W/A.. .. .. ... . . .. .. .. .. .. .. .. .. ......................... .. . 13. \'Pater mains will be laid by .N/A ... . . . .. ... . . .. .. .. .... .. .... ...... .........7 . ......... . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .NIA.. .... ...... .......... .. ............ and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ...NIA .. . . ... .. .. .... .... .. ....................... ......... and (a) (no) charge will be made for installing said mains. lh. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" 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 Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will, offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will he $...N/A... 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". THEODORE H. SMITH III and DATE January 15 83 BRISCOE R. SMITH 19.... .. . . ............................ (Name of Applicant) n By = - .`J..... •! L.. . .......... . (Signature and Title) M.Avon.Road, .Bzonxville..New.Xnrk...... . (Address) STATE OF NEW YORK, COUNTY OF . .. . .New York .... .......... ...... ss: On the . .. ../.VV4'OL ..... . day of , ,. January , 198:3. ..., before me personally came .. .. ,Briscoe R:Sdith .. to me known to be the individual described in and whr, executed the foregoing instrument, and acknowledged that . .he...... ... executed the same. �- /9. 44_4� .. .. .ota.ry.. .. ..Public. .........ANNE.... ..B...K. ........ .... .. .. . N 661eeryy Public,State te of of New York No.314723473 OusWw Ln Now County Ommmm AxomY ork Mat 4MRh 3%1964 STATE OF NEW YORK, COUNTY OF . . . ... . .. .......... .. ...... .. ..... as: On the ..... .... . . .. .. . . . day ... ...... .. .. . of ... .. .... .. 19... .... before me personally came .. ...... ...... .... .. .. .... ................ ... ...to me known, who being by me duly sworn did de• pose and say that ... .. ...... . resides at No. ... ... .. .. .. ................ .. ...................... .......... .... .. ...... . ..... .......... . .. ...... .that ... ...... ................ . is the ..... ..... ..... ...... ..... of ... .. ........ ................. ...... ... . .... ................ .... ... ......... the corporation described in and which executed the foregoing instrument; that ..... ...... . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that . ...... .. .. . signed ..... ...... .name thereto by like order. ...... .... ...................................... Notary Public i • [yr - iIy WINIFRED BARTLETT CLARK, of Greenwich in the County of Fairfield, State of Connecticut , make this will, hereby revoking all wills heretofore by me made : FIRST: I direct that my funeral expenses and all my debts be paid by my Executors hereinafter named as soon after my death as shall be practicable. I also direct that the place of my burial shall be at Fishers Island, New York, that a suitable headstone be erected at my grave by my Executors and that the sum of Twenty-five Dollars ($25.00) yearly be used for the care of the planting on the lot for which last named purpose the Executors; iare directed to set aside the sum of Five Hundred Dollars ($500.00I Ii so as to provide the necessary income . � SECOND: I give and bequeath all the writings and paintings 11 done and created by me and published before my death and all the Ili royalties to be produced by any such writings e divided ' I s tb � IIequally between the Mount Angel Abbey y (Monastery and Seminary of i Ithe Benedictine Monks, St. Benedict, Oregon 97373) and St. Jude 's ; j Shrine, 512 W. Saratoga Street, Baltimore , Maryland. All manu- scripts and writings unpub lish3d at the time of my death I give aad bequeath to Mary Ranson Smith of East Hunting Ridge Road, Stamford, Connecticut, to do with as she sees fit . I i; THIRD: I give , devise and bequeath to said nary Ranson Smith ! I! the use for her life of all the real estate of which I may die j it I Possessed and on her death I give , devise and bequeath the same ! (I I� to Brisco Ranson Smith and Theodore Hubbell Smith 3rd to be I theirs absolutely. i �I • FOURTH: I give and bequeath all q t4Y furniture , furnishings, i household and personal effects of all kinds , including wearing apparel, wheresoever the same may be situated to said Mary t j; Ranson Smith. i ij FIFTH: I direct that any succession, inheritance, or estate 1 Ij or transfer tax on an Y legacy o: devise hereinbefore given shall be paid out of my estate so that no such legacy or devise shall I _ (` be chargeable with any part of such taxes , whet; .r state or federal. SIXTH: All the rest, residue and remainder of my estate, wheresoever the same may be situated, I give and bequeath to said Mary Ranson Smith to be hers absolutely. SEVENTH: I have made no provision in the will for my husband, Frank J. Clark, inasmuch as he has substantial estat of his own; but if my husband should assert his statutory rights it is my .wish and will that his share be computed in such a way that my real estate known as `The Anchorage on Ha- Harbor' in Fishers Island, New York, be not included therein but shall go as above provided in this will. EIGHTH: I appoint said Brisco Ranson Smith, Theodore Hubbell Smith 3rd and said HARTFORD NATIONAL BANK AND TRUST COMPANY Executors of this will. No bond shall be required q said Executors . IN WITNESS WHEREOF, I have hereunto set my hand and affi my seal at New London, Connecticut, this 3 o day of 1969. I Signed, sealed, published, and declared to be her last i 1 i and testament by the said WINIFrRrED BARTLETT CLARK, Testatri; in the presence of us , who in her presence , and at her requc and in the presence of each other, have hereunto subscribed %6 names as witnesses at New London, Connecticut, this v o d 196 }a " -` of /�1✓caw , G -t of off , ._ . • • EXHIBIT G FFO TPO Southold, N.Y. 1 1971 TELEPHONE HENRY E.RAYNOR,Jr.,Chairman 765-1938 JAMES WALL BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,IT WILLIAM F.MULLEN,Jr. June 30, 1983 Mr. Briscoe R. Smith Milbank, Tweed, Hadley & McCloy 1 Chase Manhattan Plaza New York, New York 10005 Dear Mr. Smith: The enclosed application for your minor subdivision does not meet the present zoning requirements of 80, 000 square foot lots . Although your application was distributed and reviewed by each member of the Planning Board, it did not receive sketch approval prior to May 20, 1983 on which date the Southold Town Board legislated new zoning eturnedquire- ments as noted above, and is therefore being Very truly yours, Henry E. Lynor, Jr. , Chairman Southold Town Planning Board sel Encl . Application of Briscoe Smith P S�EFOL/� D T LD S Y Southold, N.Y. 11971 TELEPHONE 765-1938 HENRY E.RAYNOR,Jr.,Chairman JAMES WALL BENNETT ORL.OWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM E.MULLEN,Jr. February 1, 1984 Stuyvesant Wainwright, II Wainscott Road Wainscott, NY 11975 Re: Elizabeth Parkinson Cobb Fisher' s Island Property Dear Mr. Wainwright: Pursuant to your letter of January 9 , there is an application pending for Briscoe Smith. If you have any questions , please contact this office. Very truly yours , HENRY E. RAYNOR, JR. CHAIRMAN SO THOLD TOWN PLANNING BOARD , By�FaScrltzel retaary P c��FFOL,Y �c D ,I, LD Sy Southold, N.Y. 11971 TELEPHONE 765-1938 HENRY E.RAYNOR,Jr.,Chairman JAMES WALL BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM P.MULLEN,Jr. January 31, 1984 Milbank, Tweed, Hadley and McCloy ATTN: Briscoe Smith 1 Cahse Manhattan Plaza New York, NY 11005 Dear Mr. Smith: Regarding your letter of January 23 , in reveiew of your file , I find that indeed there probably has been some hardship created for you as a ult dueoto ansoffice not extreme overloadgofble to process your application subdivision requests. I would agree that you should forward, for consideration of relief from Local Law No. 7 , a reqube est thto the easedttold Town Board. We would, in turn, explain to them those circumstances pertaining to your application. If we retain the file here in the Southold Town Planning Board office, then if would be more expedient for them to review same . Very truly yours ?" Hengl Raynor, Jr. C airman Southold Town Planning Board dms MILBANK, TWEED, HADLEY & MCCLOY JAN 2t� 1984 1 CHASE MANHATTAN PLAZA INTERNATIONAL SQUARE BUILDING I825 EYE STREET, N.W. NEW YORK, N. Y. 10005 WASHINGTON,D.C.20006 ALEXANDRA HOUSE (212) 530-5000 16 CRATER ROAD CABLE: MILTWEEO NEW YORK HONG KONG RAPIFAX 100:530-5219 I COLLEGE HILL 1,T.T. 422962, 423693 LONDON EC4, ENGLAND BRISCOE R. SMITH TELEX: 12-5595 PARTNER NIPPON PRESS CENTER BUILDING DIRECT DIAL NUMBER 2-1 UCHISAIWAI-CHO 2-CHOME (212) 530-5548 CHIYODA-KU,TOKYO 100 January 23, 1984 Mr. Henry E. Raynor, Jr. Chairman Planning Board Town of Southold Southold, New York 11971 Re: Briscoe Smith, et al , Subdivision Fishers Island, New York Dear Mr. Raynor: My assistant, Ann Jacobsen, spoke to Diane Schultz of your office on Friday regarding the status of my application for minor subdivision. As you may recall, in June of 1983, the application was returned to me due to the fact that it did not meet the new zoning requirements which became effective on May 20, 1983. Since I had originally submitted my application in January, I thereafter corresponded with Councilman Murdock, by letter dated July 15, 1983, to protest the unfairness of the situation. I am now informed that my application is presently in your office and, at the suggestion of Ms. Shultz, am writing to ascertain its current status. If the application is no longer being considered by the Planning Board, I plan to petition the Town Board for relief from Local Law No. 7 pursuant to Section 100-31A of the Southold Town Code. In this regard, I would very much appreciate the return of my original application along with the sketch plan, if this is feasible. Ms. Jacobsen will be in contact with your office this week regarding the amount of any charges in connection 4 f1 \X • - 2 - with the return of my application and will forward a check for the same. Thank you for your assistance. Very truly yours, &W#'-OM I, S.r:..1t Briscoe R. Smith JAN 10 1994 LAW OFFICES STUYVES ANT WAINWRIGHT, II WAINSCOTT ROAD WAINSC OTT, L.].,N.Y.11975 (516) 537-3777 521 FIFTH AVE. NEW YORK,N.Y. 10017 (212) 661-5595 January 9, 1984 Planning Board Town of Southold Southold, New York 11971 Re: Elizabeth Bliss Parkinson Cobb - Fishers Island Property Dear Sir: We represent Mrs. Elizabeth Bliss Parkinson Cobb who owns property on Fishers Island off Equestrian Avenue facing Little Hay Harbor. She understands that her neighbor Briscoe Smith has applied for a Minor Subdivision. When I telephoned last week I was told that the Minor Subdivision application was made February of 1983 and was turned down. Would you be kind enough to verify this to me and could you tell me if there is any pending application. Faithfully yours, St yvEf5aainwrt II L. FFOI/i'� TOW ��D K Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. June 30, 1983 Mr. Briscoe R. Smith Milbank, Tweed, Hadley & McCloy 1 Chase Manhattan Plaza New York, New York 10005 Dear Mr. Smith: The enclosed application for your minor subdivision does not meet the present zoning requirements of 80, 000 square foot lots . Although your application was distributed and reviewed by each member of the Planning Board, it did not receive sketch approval prior to May 20, 1983 on which date the Southold Town Board legislated new zoning require- ments as noted above, and is therefore being returned. Very truly yours , Henry E. Raynor, Jr. , Chairman Southold Town Planning Board sel Encl . Application of Briscoe Smith ONE CHASE MANHATTAN PLAZA NEW YORK 10005 July 13, 1983 Planning Board Town of Southold, NYhold 11971 JUL 15 RECD Attention: Henry E. Raynor, Jr. , Chairman Dear Sir: I write as a property owner and taxpayer absolutely stunned by the announcement in your letter of June 30 that my application for a minor subdivision did not meet "present zoning requirements of 80, 000 sq.ft. " The application (based on the then-required 40, 000 square feet limitation) was submitted, after conversation with the Staff of the Planning Board, on January 31, 1983. My associate was told that our application would be scheduled for the Planning Board meeting at the end of February. On February 11 we were advised by the Secretary of the Planning Board that the application would not be con- sidered at the board ' s February meeting but instead would be placed on the agenda for March 7, 1983 . On March 9 we were told that the Planning Board met on March 7 but "did not have time" to review the applica- tion. It was then put on the agenda for the next meeting, to be held either on March 28 or April 18 . We were next advised that the application was con- sidered on March 28 but that the Board wished to go to Fishers Island to do a field inspection. We were advised that if, after inspection, the lot lines were deemed appro- priate, the subdivision plan would be placed on the next Board meeting agenda. In early May, I spoke informally with Mr. James Wall to determine the reason for the delay. I was advised that there was no problem and that the application would be approved. With this history, involving an unexplained delay of a five full months, you will understand I am sure my very real concern. At first blush, it would seem that the Planning Board 's failure to approve or disapprove the application has deprived me of a very substantial property right -- even though the application when filed met all applicable regulations, including that relating to minimum acreage. I appreciate and respect the difficulties of one charged with public responsibility. However, since my predicament seems to be a direct result of the inaction of the Planning Board, I do not think it is too much to ask the 3 Planning Board for a suggestion as to how this real injustice can be corrected. Ve truly yours, .J— LA Briscoe R. Smith BRS :ma cc: Mr. James Wall MILBANK, TWEED, HADLEY & MCCLOY BURT J.ABRAM5 JOHN J.MC CLOY 1 CHASE MANHATTAN PLAZA ANTHONY A.BLISS JONATHAN G.BLATTMACHR STANLEY J. MARCUSS W.RICE BREWSTER SQUIRE N.BOZO RTH BRUCE M. MONTGOM ERIE NEW YORK, N.Y. 10005 JAMES A.GLASCOCK,JR. RICHARD S.BRACH PETER M. MORTIMER JOHN E.LOCKWOOD FLOYD E.BRAN D OW, JR. RALPH C. MURRAY DONALD B. BRANT JR. FRANCIS H.MUSSELMAN (212) S30-5000 WILLIAM PARSONS JEFFREY K.BRINCK JOHN C. NELSON DANIEL G.TENNET,JR. RUSSELL E BROOKS NORMAN R.NELSON CARLO R.CAFFUZZI DON A L O O'BRIEN,JR. CABLE: MILTWEED NEW YORK CAROLYN C.CLARK ROBERT S.O'HARA,JR. INTERNATIONAL SQUARE BUILDING ANDREW J.CONNICK ROGER B.ORESMAN RAPIFAX 100:530-5219 WARREN F.COOKE MICHAEL F.ORR 1825 EVE STREET, N.W. F.WILLIAM C N DALL CHARLES O PEET, JR. I.T. T. 422962, 423893 WASHINGTON, D.C.20006 JOHN W. DEAN SAMUEL S. LEO THOMAS E D, FO N FRANK C.PU LEO TELEX: 12-5595 ALEXANDER D. FORGER BARRY G RAWCA J.REILL GEORGE J.W. GAYLORD H EDWARD J.REILLT ALEXANDRA HOUSE GUILFORD W.GAYLORD PELLIOTETER D.ROWNTR BON^ ELLIOT .DEWHACK Z PETER D. 0,SCHLES I6 CHATER ROAD KEVIN R.HARDIN, ANTHONY PIRG EBINGER HONG KONG AD EL ILAI S. HARDIN,JR. ISAAC $ SHEN RETE O.HAWKY H JOHN H.SIE FRIED D; PETER EY OLEV HERMAN DAVID GSI EGFRIEN A.MALCO HOLDERNESS,JR. JOSEPH R.S MITT C� 1i. G. L M.IM M HOLDERNE55 RBRISCOEICHARD R.SMITH R COLLEGE HILL MEL M.IMMJACKS RICHARD A.STARK ' 1 LONDON EC4,ENGLAND WILLIAM E.JACKSON JEFFREY B.TUFARO ON DOUG J.JEROME RICHARD C.L.WAIN R lVV! DOUGLAS W.JON ES CARRYLL HITT,WRIGHT,JR. STUART C KC.KNER HARRY K.WHITE,WILLIAMSNI -1U HT$AIPRESCENTER BUILDING TONT C. 5 EIN THOMAS A.ORENM2-I UCHISAIWAI-CND 2-CHYME TONE C. F. LILLEIN JACOB J.WORENKLEIN ALBERT F. .LOCA CHITODA-N U,TOKYO 100 FRANCIS D.LOGgN SNOT ADMITTED IN NEW YORK July 15, 1983 Re: Property of Approximately 4. 15 + or - acres located between Equestrian Avenue and Little Hay Harboron, Fishers Island Councilman Lawrence Murdock Chairman of the Zoning Committee Southold Town Board Main Road Southold, NY 11971 Dear Councilman Murdock: Ms. Susan Long, clerk of the Southold Planning Board, has suggested that I write to you in connection with the recently announced change in the minimum lot require- ments on Fishers Island. In January 1983 I applied for a minor subdivision involving four one-acre lots. One of the lots is improved by a one-family summer residence which, because of the tax and maintenance burden (the house was probably built at the turn of the century) , my family wishes to sell . A ;, 2 e� r i • P • I, �t� D T FS . D Southold, N.Y. 11971 (516) 765-1938 August 29 , 1984 Ann Jacobsen, Legal Assistant Milbank, Tween, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re: Minor subdivison of Briscoe Smith located at Fishers Island Dear Mrs . Jacobsen: In review of the file for the above mentioned spplication, which was granted relief from the two-acre zoning from the Town Board, it was noted that the applicationform and filing fee was returned to you. In order for the Planning Board to proceed with the application, would you please submit the enclosed application form filled out, as well as , the filing 'fee of '$25 per lot. Upon receig- of these, we will schedule the matter on the next available agenda of the Board. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN �GQUTHOLD TOWN PLANNIN BOARD By Diane M. Schultze,, Secretary tz IT :;...-. "July 13, 1983 Planning Board ,. 3 Town of Southold Southold, NY 11971 rn = Attention: Henry E. Raynor, Jr. , ' Chairman Dear Sir: ° •' I write as A property owner and taxpayer absolutely stunned by the announcement in your letter of June 30 that '+ my application for a minor subdivision did not meet "present zoning requirements of 800000 sq.ft." y - The application (based on the then-required 400000 c• x.: square feet limitation) was submitted, after conversation.' v: with the Staff of the Planning Board, on January 31, 1983. My associate was toldthat our application would be: x "scheduled for the Planning Board meeting at the end of : .5 February. On February 11 we were advised by the Secretary of } the Planning Board that ,the application would not be con ,. - .tet• rr... �C: "sidered at the board's February meeting but instead would ? x placed on, the`agenda .for March' 7, 1983. q� ."On March 9 `we were told that'the:Planning Board met on Margo 7 but "did not have time to review the applica i t •'+" f Sl^" l , rTv R A '` Y '1> MI 4 I !_ +`i � f �[�.3:'C �' x t P Tot' t.F v'y�'C.J^ai '}'v 'S1'� ���� ♦3yTt , -E,•r^}1, 7""?. t "a', "I 2 - tion. It was then put on the agenda for the next meeting, u to be held either on March 28 or April 18. , We were next advised that the application was con- sidered on sidered on March 28 but that the Hoard wished to go to Fishers Island to do a field inspection. We were advised _that if, after inspection, the lot lines were deemed appro- priate, the subdivision plan would be placed on the next Board meeting agenda. *' g • y In early May, .I spoke informally with Mr. James Wall to determine the reason for the delay. :I was advised that 'there was no problem and that the application would ;be approved. � l1x With this history, involving an unexplained delay -. y ' of a five full months, you will understand I am sure my very real concern. At first blush, it would seem that the PlanningBoard's failure to. a f pprove or disapprove the • application has deprived me of h very substantial property' right -- even though the application when filed met all applicable regulations, including that relating to tginimuin` { Mr acreage. appreciate and respect the difficulties of 'charged with ,public responsibilit � y. �However, •since- my predicament seems to"be a direct result` of the inaction .. r �'r'e�9 ` ♦ l��e"1. 5 -/'° -r; > :^.'r µ'.. P'lann i do Planning Board, not think it is too much to ask the�� ,y M 4� 1 . Y Lt� i 3 �° x� , � +.'; ,, 14.rT :_L�ror �` x wi z•. tom" � `�iS rv�aT� ? �/" Cy' !ay«�' ��i wi��` ' � 3 c N- .. '€ k+K i �Y ,a•' air 9 vx� rk° ar '{tq � {3s "�• „�' rp s w '/S X �4 i �t � tf'�.:t �. > h>/q �'' a f y� � u e� 3! <�" .4lri• f r9 �+" 6 fy, ^C � y{ •.in�r �^t � y KL`',� rJ'r�a�E�v+ �`n.A�.'� ^Gw�- llC.��tr� tF-t`3'y�,4�G1K�`` !'. �t. .. yid Y_ ��� 2 v ro�_ �`'° �.��Siia .I !^ta'4"fn �' Y.Sf .✓,�''}5y. �^`� u }�, p,� ,� ..- t r v . - 5. t3�'.�w y°° .#�r °` .�: r"�,t'z"!, �c., _^4�'s�kf3r 4",:�F���,'S!X.� � �+c. .�i �b�f_ .>f♦ _.* - � �wYli. a rr It Planning Board for a suggestion as to how this real ' injustice can be corrected. a ^' Very truly yours,: Briscoe R. Smith g r BRS:ma . cc: 'Mr. James' Wall :•> ;. bcc: .,Mr. Theodore H. 'Smith, III t S. ♦ R Ne ¢ � 4•< } ,'.r �' r� .tic 5 ,•jy ,r.. - fifty ■a Y r t t ' .mw'3 W, 1d"r 2i ✓ {L A" ) � ' Y 'n ,r �` 5 > a 'f y'r � w ��k+,j` ; t 2 L v„.. $s 'AYx r r w ry ti f X 'fF �,'r v { t7'.µ}/ 2 l iF `` r i'• - r �F�} 'z .a'k"� r R,'<"�i'�4. SY>° ..j�j.a w .� t � • r KP 1 }` is:n �44t C 7 ✓ . '>"r 1 5 i, i"IL b 4 •+• , 4 (', s.. 4r Z_`�G LY ., e"'" t ,•x �„1 � -a �+ y4 �� .`ets, - ,�'# .. i�+�. .� �t7rvf ': ti ..r;,<'Y.f X s AR� 1^v 7 •� �.ra r� n S �+MP�v' ,,qg a '$' '_ l�,'i r =`�,z itn" S) i<��_ -Y • 5'�' '�`� r4{a9`r i�"�K�r� v ��, �,:. t, b,{.�,"! r ��,ic%��l � wies '�� � d r„�t t •� +rn ;�,"*P��R ,�'k y r1Tt.�Wt'w.r: m ?..y .`.irY ? v•"'<T&+y a<_ 1'P : t y Kz « Ir > a^ r <.� � ,. i V' 'v kt�y `+ t'.�rYtta h ft;-t.('�' t 't�5� �l 4'•� i{ r J r i F� ,q •t j� r r y+ r ti 1LaT t�vro'�•�A vrz.�� E� �°� tea.tz'�' �iy raa rvXs..2T`FS 'Lrrl �t'iW `i$ v `1 ^ vt.#v u� c�� e� C'Y'Ry�s"�vyf .'S {vi r��F +�v. .. +1fr� y=� Y7 .t T�v�`�aQrka .: �° �ee�vK •n�S�'��"3 4}�hgy � vif.ar.•f' i ti'�^t ` rvt �. �''Y 7� by�yi�'et>_ � D ?17� Ytr C,�r��. �' � r"ti }y �Y.0 �.• ,�,� +�C, .�. ` 'Fns fy ,r Y,� _.�,'"fi ry ..Xv � q �i' c "` �.r�'i�y a4 '�x�t s ,,,yw' p '+ts*�; •}��w� . t.T r��y -�f Y'+�'.t eg' B 'if. t E 4 ) 0.T l N � i „"X y., .':J L 4 i' ,' _ti. S ✓ ax_H Ys 45 Y 2. Y*v' . r F rv. TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : a In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c ) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project resu t in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . lyes X No 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . .,Yes X No 3 . Will project alter or have . a large effect on existing body of water? . . . . . . . . . . . . . . . . Yes X No 4. Will project have a potentially large impact on groundwater quality? . . . . . . . . . . . . . . . . . _Yes X No 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . . . . . . . . . . . . . . . . Yes X No 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . ._Yes X No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . —Yes X No 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community?_Yes X No 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area -- by a local agency? . . . . . . . . . . . . . . - X . _Yes No 10 . Will project have a major effect on existing or future recreational opportunities? . . . . . . . . . Yes No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . .—YesX No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._YesX No 13 . Will project have any impact on public health X or - safety? . . . . . . . . . _Yes XNo 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? _YesX No 15 . Is there public controversy concerning theX project? . . . . . . . . ... . . . . . . . ./. . . . . . . . . . . . . . . . . . . . _Yes`No PREPARER ' S SIGNATURE "�"�^ /`/ CL�� `v REPRESENTING_ n R smith DATE 1/15/83 _ APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as foilows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ...NONE .... . . .. .. . . .. . . .. . ... ........... . . . . .... . . . . .. ...... . .... . . .. .... .. ...... .. ...... .. .. .. .. ............. . . .. .. . .I.. ...... .... ...... .... .. .. .. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .. . . . . ...... .. .. .. .. . . . Page . .. .... .. .. . . .. . . . . . . . On . .......... .. .. ... ...... ; Liber . .. . . .... .. .. . ..... .. ... Page . .. ...... .. .... . . . . . . . On . .. .. . .. . .. .. .... . . ..... ; Liber . . . .. .. .. .. .. . . .. . . .. . . . Page . ... . .. .. ... . .. . . . . . . . On . .... .... .. .. .. ......... ; Liber . .. . . .. .. . . .. .. ...... .. . Page . .. . . .. . ..... .. .... .. . On ... .. .. . . .. .. .... . ...... ; Liber . .... ........ . . .. .. .. ... Page . ... . .. .. .. . . .. .. .. .. . On . .......... .. ..... ...... ; as devised under the Last Will and Testament of oras distributee . .. . . . . .. .. .. ...... .. .. .. . .. .. .... .. . . .. .. .. .. .... ............ . ...... ... .. . . . . . . .. .... .. .... .. ............. . .. . ...... ... .. .. ...... .. .. .. .. .... .................... ... .. . 5. The area of the land is ....4:15 acres. 6. All taxes which are liens on the land at the date hereof have been paid except . . . .... ... .. .. .. .... ... . .. .. .. .. .. .............. .... .. . . . ... .. ...... .. .. .. ...... ................ . ... . .. ... 7. The land is encumbered by . .. .NQU... .. ... . . .. .. .................. .... .... ..... ........ . mortgage (s) as follows: (a) Mortgage recorded in Liber . .... . . . . . . . Page . .. .... .. .... .. . . .. . in original amount of $. .. . . .. . . .. .. .. . unpaid amount $. .. .. .. . . . . . . .. . held by ... . . ..... .. ....... ..... . . . .. . . ...... .. .. ........ ... address ... .. ... .. .. .. .. .... .... .. .. . . ............... ........ . (b) Mortgage recorded in Liber . .. . . .. . . .. . Page . .. . ... .. ... . .... .. . in original amount of $. . . . . .. .. .... ... unpaid amount $... .. . ... . . . . .. . held by . .. . ... ......... ... ........ ....... .... .. .. .. .. .. .. ... address ... .. .. . . . .. .. .. .......... .. .. ..................... . . . f•\r ' (c) Mortgage recorded. in Liber . . . . . . .. . . . . Page . . . . . . . . . . . . . .. . . . . . in original amount of $. . . . . . . . . . . . . . . . unpaid amount $. . . . . . . .. . . . . . . . held by . .. . . .. . . . . . . . . . . . . . . . .. .. . . .. . . . . .. . . .. .. . . .. .. . . . . . address . .. . . .. . . . . . . . . . .. . . . . . . . . . . . . .. .. .. .. . .. . . ........ .. . 8. There are no other encumbrances or liens against the land except . NONE .. . .. .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . .... . . .. .. .. . . . . .. . . . . . . . . . . . . . . A Residence District 9. The land lies in the following zoning use districts . . . . . . . . . . . .. .. . . .. .. .. .. . . . . . . .. ... . . . . . . . . . . . . . . . .. .. .. . . . . .. . .. .. . . . . . . . . .. ... . . . . . . . . .. . . .. .. .. .. . . .. .. . . . . . . . . . . . . . . . . . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- N/A cept . .. . . . . .. . . .. .. .. ... . .. . . .. .. . . ... .. . . . . . . . . . . . . . . . . . . . .. . . . . .. .. ... . . ... . . . . . .. . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .. ?VA. . . . . . .. . . . . . . . .. . . .. . . .. .. . . .. .. .... . . . . . . . . . . . . . . . . . . 13. Water mains will be laid by ,N/A . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .N/A. . .. . . . . .. .. .. . . .. . . . . .. . . .. ...... . . . .. .. . . . . . . .. . . .. . • • . . . . . .. . . .. . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . ..N/A .. . . .. . . . .. . . .. ...... .. .. .. . . .. .... . . . ..... . .... .. .. . 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 County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the 'Down of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". rut i iN`i' N LEC CO rF EY ET, AL .fa�/s w�• ai fda � �VlL fit yo ' a fs AN J y rm.f _. r � •, .. G� )'E'.�\ ala , f.f �.jf n�i ho R4� ✓ rq N1F tEL12A6ETF1 kki MONj3 r "aa a rn -4 yid ; Z^•y,;?a+M-Yj+�t I-OT Q b KA E►., ICC, Cif, z sr , TLO .4 f- Ft. fn Od PLAN 1 r-I .T Al. - C_:a.�;�� �:1!.r. :.,�rF r.i�, � __. __— � f ~ENRY �e��•1C]aya.4��e1 a, i 14 n 1 22. The applicant estimates that the cost of grading and required public improvements will he $. • .N/a... 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". THEODORE H. SMITH III and DATE January 15 83 BRISCOE R. SMITH 19.. . . . . .. . . . . . . . . . . .. .. . . .. . . .. ... .... . . . ... .... .. . . . (Name of Applicant) 13y .5. . . .--^! ti.. . . .. . .. .. .. . (Signature and Title) A7..Avan.Road, .lizonxv.ill e,..New.Xnrk. . . . . . . (Address) STATE OF NEW /� YORK, COUNTY OF . . . . ,New .York , ss On the J.d. .-.. . . .. . day of „ January 83 • •• •• •• . . . .. . . . . . .. . ... 19. . . .. ., before me personally came . , . , . ._ . . .Briscoe R.Smth to me known to be the individual described in and wh, executed the foregoing instrument, and acknowledged that . .h?.. . . . . . . . executed the same. �.�• A%Yu .ta r . . .. .. .. . . . . . . . . .... .. .. .. ... . . . . . . . . . . . . .... . . . Notary Public ANNE B. KNUTSON 1lbtery Public,State of New York No.31-4723473 QusWW In New York County 0=M0WA=Impkim MemkS%1964 STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . .. .. .. .. .. . . . . . . . . . ss: On the . . . .. .. . . . . .. .. . . . day . .. .. .. . . . . .. . of . .. .. . . .. .. 19. .. .. .. before me personally came • . . •-• •• .. •• -• • • • • • • •• . . . . .. .. .. .. .... . . . . . .. . . .to me known, who being by the duly sworn did de- pose and say that . .. .. . . . . .. . resides at No. ... .. . . . .. . . .. .. . . .. .. .. .. . . .. .. .... . . . . . . . . . . . . . . . . .. .. . . .. .. .. .. .. .... .... .. ....... .. .... . .. . .. . . .that . .. .. .. . . .. . . .. . ... . . .. . . . is the . . . . . . . . . . . .. .. .. . . . . . . .. . of ... . . .. . . .. .. .. . . ... . . . . .... . . . . . . . . . . . . . . .. .. .. .. . . .. .. . . . . . ..... . . . . . .. .. . the corporation described in and which executed the foregoing instrument; that . . . .. .. . . .. . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that . .... .. . . .. . signed . . . . . . . .. . . .name thereto by like order. .. . . . . .... .... . . .... .. . . .. .... ............ ..... . Notary Public Y"' ,! {-Vr ONOWEE'_ C.OFPEY. Et Al. - � Y• .. . ... • _. +: y� t,{'y. . ` s•N!'era ��•� � i w •war o• � +w.e �. { ��y., a .,w '."••'.'+ �S E - a Cad S/- f S ''• DoT l 4 E N C �LIZR6EtM � i• • j! t An in ta �-e - .> LOT 3 may;�.,\ • . 1 M �f. t LOT 4; - IQCR. 40.100! 5+C1. - - �'3E.�_2��11RY `:Uah.SVi510N PIAN ', "• ' .. -,� � ... . 5 Iv 11 N ET. AL. MtN c r.ay�et.va�u•< •. Stio ,.. sr.w,. v Cou� .¢ac�T . _. . . - f- I I, WINIFRED BARTLETT CLARK, of Greenwich in the County of Ii Fairfield, State of Connecticut , make this will, hereby revoking all wills heretofore by me made : jFIRST: I direct that my funeral expenses and all my debts be paid by my Executors hereinafter named as soon after my death I as shall be practicable . I also direct that the place of my burial shall be at Fishers Island, New York, that a suitable 1 i headstone be erected at my grave by my Executors and that the I sum of Twenty-five Dollars ($25.00) yearly be used for the care ofi the planting on the lot for which last named purpose the Executors I are directed to set aside the sum of Five Hundred Dollars ($500.001 li so as to provide the necessary income . Ii SECOND: I give and bequeath all the writings and paintings Ij done and created by me and published before my death and all the i �j royalties to be produced by any such writings to be divided I i equally between the Mount Angel Abbey (Monastery and Seminary of ' the Benedictine Monks, St. Benedict , Oregon 97373) and St . Jude ' s j Shrine, 512 W. Saratoga Street , Baltimore , Maryland. All manu- scripts and writings unpublished at the time of my death I give i and bequeath to Mary Ranson Smith of East Hunting Ridge Road, Stamford, gonnecticut , to do with as she sees fit . THIRD: I give , devise and bequeath to said Mary Ranson Smith ! I the use for her life of all the real estate of which I may die If if possessed and on her death I give , devise and bequeath the same j �i to Brisco Ranson Smith and Theodore Hubbell Smith 3rd to be theirs absolutely. 1 j FOURTH: I give and bequeath all my furniture , furnishings , ihousehold and personal effects of all kinds , including wearing apparel, wheresoever the same may be situated to said Mary i Ranson Smith. FIFTH: I direct that any succession, inheritance, or estate l or transfer tax on any legacy or devise hereinbefore giver. shall be paid out of my estate so that no such legacy or devise shall • s 2 _ i ibe chargeable with any part of such taxes , whetr state or ( federal. SIXTH: All the rest, residue and remainder of my estate, wheresoever the same may be situated, I give and bequeath to said Mary Ranson Smith to be hers absolutely. SEVENTH: I have made no provision in the will for my husband, Frank S. Clark, inasmuch as he has substantial estate of his own; but if my husband should assert his statutory rights it is my wish and will that his share be computed in such a way that my real estate known as 'The Anchorage on Hay Harbor= in Fishers Island, New York, be not included therein, but shall go as above provided in this will. EIGHTH: I appoint said Brisco Ranson Smith, Theodore I Hubbell Smith 3rd and said HARTFORD NATIONAL BANK AND TRUST COMPANY Executors of this will. No bond shall be required of said Executors . (I IN WITNESS WHEREOF, I have hereunto set my hand and affix my seal at New London, Connecticut, thiswo day ofA 1969. I. Signed, sealed, published, and declared to be her last wi �i and testament by the said WINIFRED BARTLETT CLARK, Testatrix, in the presence of us , who in her presence , and at her reques and in the presence of each other, have hereunto subscribed c names as witnesses at New London, Connecticut, this 30 day 1 " 1969Q� 1 R u es -� /v�Gu✓ of ''�" f��✓e�e� . G// �-t of State of Connecticut, 1 District of Stamford, J ss. Court of Probate, .S98.te3?3b�x'..2�?,............ 19..6.$.. I, LOUIS J. IACOVO, Judge of said Court and keeper of the seal thereof, do certify that, at a Court of Probate held at Stamford, within and for the District of Stamford, on the . . . . . . .26th, , , , , , , ,, , , ,, , , , , , , , ,, ,, , , ,, , , , , , , day of . . September. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19O.-Mary. Rans.on. .Smith,. .4i . aaS4. . . . . . $ta?n ord,,Theodore. X14bbell. STrith . III .ot .D.ar�ett,C.4nnect. 4ut, aM!. $ri�c.4e.. . . . Ranson Smith of BronxPillgg New York w..V re. . . . by said Court approved as . SI'te . execut.ore.. . .. . . . . . . . . . . .. . . . . • • . . .• . . . of the last will and testament of . . Theodore.Jiubbell. Smith,. .Tr.. . . . . . . . . . . .. . . . . . . . . . . . . .. . . . late of Stamford, in said District, . . .. . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . .. .. . . . . . . . deceased, and thereto duly appointed in and by said will; and that on said day the said MpLr.S. RanggTl. Smith,Theodore. .Hubbell. ,Smith �nd III. .and . 7 ra 9o.4e. .RanaOn .$X4ith. . . . . . . . . . . . . . .. .... . . . . . . . . appeared in CourtJaccepted said trust, att'd=ga9E--bM'a=fUP=Ffle fafth ==== -==-_ . . . =��a law, whereupon letters testamentary were then and there granted to . . . . . .t.h.en. . . . as such execut. Ars . . . . .; that the said appointment is now in full force and unrevoked and that the doings of said M4ry. .41)Aon. . . . . Smith,, Theodore. Hubbell. Sm,1th . ITT. nd. ,$xiscoe .Ragson, Smith .. . . . . .. . . . . . . . . . . . . as such execut.Qrs . . . . . . . . . . . are entitled to full credit, as by the record thereof will more fully appear. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said WCourtthe and year first above mentioned. yt, . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ..Judge. Ffl'' FC P I Q D T4V D �S'ccI'�yF'�FIC ffTiY Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. July 18 , 1983 Mr. James Wall P.O. Box 383 Fishers Island New York 06390 Re: Biscoe Smith Minor Subdivision Dear Jim: Henry asked that I forward you a copy of the enclosed correspondence from Mr. Smith and request that you advise him of the statutes of the existing changes in the Town of Southold. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. MILBANK, TWEED, HADLEY & MCCLOY 1 CHASE MANHATTAN PLAZA INTERNATIONAL SQUARE OU14DING I625 EYE STREET, N.W. NEw YORK, N. Y. 10005 WASHINGTON,O.C.20006 ALEXANDRA HOUSE (212) 530-5000 16 CHATER ROAD HONG KONG CABLE: MILTWEED NEW YORK RAPIFAX 100:530-5219 1 COLLEGE HILL LONDON EC4, ENGLAND T. T. 422962, ♦23993 y_ TELEX: 12-5595 NIPPON PRESS CENTER BUILDING Vr� 2-1 UCHISAIWAI-CHO 2-CHOME DIRECT DIAL NUMBER CHfYODA-KU,TOKYO 100 (212) 530- 5318 �\ January 31, 1963 Ms . Susan Long Planning Board Town Hall Southold, New York 11971 Dear Susan: As we discussed recently, Theodore H. Smith, III and Briscoe R. Smith who are owners (the "owners") of a parcel . of land situated between the southwesterly side of Equestrian Avenue' and Little Hay Harbor , on Fisher ' s Island, New York, containing approximately four acres and being designated in the Town of Southold as Tax Map 9 Block 3 Lot 13 (the "Premises" ) . The owners would like to subdivide the Premises into four lots with the hopes of selling one or more of them in the future. I am exclosing the following items for the Planning Board' s discussion: 1. Subdivision map (6 copies) showing property locations and distance to nearest existing street and names of owners and adjoining owners. 2 . Letter regarding drainage , grading and road construction. 3. Short Environmental Assessment Form 4 . Application for Approval of Plat together with a copy of the Will of Winifred Bartlett Clark. 5. Check in the amount of $100 for the fee of $25 per lot. Please call me if any further information is needed and/or to let me know when the subdivisions will go through the planning board. Sincerely, Anne Knutson Waugh AKW/msf Encl. .M�la MPl'R ontcaLVE GC-F, F �. I /Jy 1 - �/ / •� 4 h / . �?��i-QDA1�C, �r \ r ({ 5 36" =7Zi p /� AN 1 _ A6 y� 10 1 © rte , RM A UL I IS f 4 It � ,Q? tiaW,A N 0 T E b 16 k� µ +.0WNF& FiKISC055 6M ITµ, ET, EL.. 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