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HomeMy WebLinkAbout1000-9.-6-8.2 & 8.6~ .~- · ~. ~ /'~ ~ _~ ~ ~~_ ~ ~ ~. , ~. ~Y 7/ USAN K. STICKNEY proposed I ~ ~ HILA~ ~ I /'~ ~-- t -"~-"-~°'~ ~~~ . ~ t ~ EOUEST~IAN, HEATHULIg ANO OCEAN AVENU~ ~ / I / ./ ~ ~ ' ' I 0 5~& E ~UESTR/AN AVENUE suF~ COUM~ CLE~ IM Lt~llol3~~ CHAND[ER, PALMER~ KING.~ ~ ~ NORWICH, CONNECTICUT ADDED 9/21/89 ~V~Slo~: ~. I~ t~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOFF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 9, 1990 Stephen L. Ham, III Attorney At Law 45 Hampton Road Southampton, NY 11968 RE: Lot Line Change for Albert & Susan K. Stickney SCTM~ 1000-9-6-8.2 7 8.6 Dear Mr. Ham: Enclosed please find a copy of the map dated December 8, 1989 with a note added February 8, 1990, which was endorsed by the Chairman on April 9, 1990. This Lot Line Change received conditional final approval on February 13, 1990. All conditions have been met. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. ~ ~ Chairman Encl. cc: Building Department Town Assessors Office Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 I£LEPHON£ (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 1990 Stephen L. Ham III Matthews and Ham 45 Hampton Road Southampton, NY 11968 RE: Lot Line Change for Albert & Susan K. Stickney SCTM# 1000-9-6-8.2 & 8.6 Dear Mr. Ham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13, 1990. The final public hearing, which was held at 7:40 p.m., was closed. WHEREAS, Susan K. Stickney is the owner of the property known and designated as SCTM# 1000-9-6-8.6 and Susan K. and Albert Stickney are the owners of the property known and designated as SCTM9 1000-9-6-8.2, located at the southeast side of Equestrian Avenue, 362 feet north of Ocean View Avenue on Fishers Island; and WHEREAS, this Lot Line Change is to be known as Susan K. and Albert Stickney Lot Line Change; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Qual&ty Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on November 20, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 13, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval, and authorize the Chairman to endorse the final surveys dated December 8, 1989 with a note added on February 8, 1990 subject to fulfillment of the following conditions. All conditions must be met within six months of the date of this resolution. The recording of a deed conveying Parcel 3 to the Henry L. Ferguson Museum and the filing by the Museum of a Declaration prohibiting development. The filing of the deed pertaining to the merger of Lots 1 and 2. A copy of the filed deed must be submitted to the Planning Board office. Please contact this office if you have any questions regarding the above. (6) Very truly yours, Bennett Orlowski, Jr. / Chairman MS/hp DISTRICT 1000 SECTION BLOCK ~-U-6--~OO LOT 008.002 MAR 80 1990 ,..../"1o 11o4aP 41 DECLARATION DECLARATION, made HENRY L. FERGUSON MUSEUM, and existing under and by virtue of the laws of the York, with its principal office at Equestrian Avenue, Island, NY 06~the "Declarant"). include the ~%~ day of March, 1990, by the INC., a charitable corporation organized State of New Fishers WITNESSETH: WHEREAS, Declarant is a public charity whose purposes the conservation and protection of environmental systems and areas; and WHEREAS, Declarant is the owner in fee simple of a certain parcel of real estate situate at Fishers Island, Town of Southold, County of Suffolk and State of New York, as more particularly described on Schedule A.hereto (the "Parcel"); and - · . WHEREAS, the Parcel in its present and proposed state contains a significant natural habitat in which fish, wildlife or plant communities or similar ecosystems normally live and which Declarant desires and commits itself to conserve and protect; NOW, THEREFORE, Declarant does hereby declare that the Parcel shall be held. in perpetuity subject to the following covenants and restrictions: ...... w 1. Declarant covenants'and agrees that it shall maintain the Parcel for conservation purposes and shall not itself or permit others to use the Parcel for any purposes whatsoever which would be inconsistent with the preservation and protection of its natural habitat. The__~Dllowing activities shall be deemed to be ~.J~ inconsistent with such conservation purposes: (a) Erection of any commercial signs or other structures set forth in this Declaration); gravel or buildings, billboards, or improvements (except as (b) Filling, excavating, removing soil or sand or rocks or minerals, constructing site improvements or changing the topography of the Parcel detrimental to or which could purposes of this Declaration; (c) Toleration of in any manner which would be adversely affect the conservation vehicular traffic over the land necessary for access to adjoining with the conservation purposes of this Declaration. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties shall not in and of themselves be deemed to be inconsistent with the'~c~nservation purpose of this desires to protect consists of open land which has been maintained as such, the cutting of trees or brush, mowing, cultivation or planting of the Parcel from time to time by Declarant or its agents shall not in and of itself be deemed to be inconsistent other than over roads and paths properties, including, but not limited to, the use of snowmobiles, motorcycles, all-terrain or other off-road vehicles; and (d) Any other action, practice or use which could be detrimental to or which could adversely affect the preservation and protection of the natural habitat of the Parcel. Because a significant portion of the habitat Declarant Declaration] 2. This Declaration is not ±ntanded to perm±t or in any way give the public the right to enter upon or use the Parcel for any purpose whatsoever. 3. This Declaration perpetuity and the terms hereof herein contained shall apply to shall run with the land in and the covenants and agreements and be forever binding upon the STATE OF NEW YORK SS.: CoumyofSuffolk I, EDWARD P, ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court berg a Court of Rp, m3r. d).DO HEREBY CERTIFY that I have compared.theannexed copy of .,~, ,(~..,~,..~__~~ · ._ . .-. and that it is a just and true copy of such original - " and of the whole thereof. ~."c..~---,~---~ --~ ~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this ~,D~ day of .,,~/~,.._ ~ 19 '=~ 6~ Form No. 104 12.1o9..1~8~ STATE OF -~EW YORK ) COUNTY OF .~U ...... ) On the ~o day of March, 1990, before me personally appeared ¢~,%,~[ ~. ~5o,q , to me known, who being by me duly sworn, did depose and say that he resides at-~5 ~n~J~Ao L~ ~,~,-~. c~ o~ , that he is the P~c~,~-~ of the Henry L. Ferguson Museum, Inc., the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporat ion. Notary Publ ic~ ~y Comm. Expires Marcl~ 3~', Ig~A SCHEDULE A To Declaration made by: Declaration dated: Henry L. Ferguson Museum, Inc. March ~, 1990 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and runningi thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. DECLARATION Made By THE HENRY L. FERGUSON MUSEUM, DISTRICT 1000 SECTION o-770-.oo BLOCK 006.000 LOT 008.002 & 0O8.OO6 11013P;484 DECLARATION DECLARATION, made the 3{'~ day of February, ALBERT STICKNEY III and SUSAN K. STICK~EY, both 1990, by now residing at New York 10576, West Lane (no #), Route 2, Box 25, Pound Ridge, hereinafter referred to as the Declarants. WHEREAS, property situate County, New York, Change Plan Prepared for Susan K. & Albert Stickney", prepared by Chandler, Palmer & King, dated September 20, 1988, revised November 14, 1988, September 21, 1989 and December 8, 1989, which map is to be filed in the Offices of the Town Clerk and the Building Department of the Town of Southold, with the said Susan K. Stickney being the owner of Parcel 1 as shown thereon and more particularly described on Schedule A hereto and the said Albert Stickney III and Susan K. Stickney being the owners of Parcels 2 and 3 as shown thereon and more particularly described on Schedule B hereto; and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval of a lot line hange as shown on the above referred to map, to wit: the ransfer of Parcel 2 as shown thereon by the owners of Parcels 2 '~nd 3 to the owner of Parcel 1; and WHEREAS, for and in consideration of said granting of ~pproval, the Planning Board of the Town of Southold has deemed it the Declarants are the owners of certain real at Fishers Island, Town of Southold, Suffolk as shown on the map entitled "Proposed Lot Line 1 to be in the best interests of the Town of Southold and the owners and prospective owners of said Parcels that the within covenants and restrictions be imposed on said Parcels, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said'Parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said premises described on Schedule A and Schedule B hereto shall hereinafter be subject to the following covenants which shall run with the land and shall be purchasers of said premises, their heirs, representatives, distributees, successors and binding upon all executors, legal assigns, to wit: 1. That no lot line shall be changed in a~y'manner at any future date unless authorized by the Town of Sout~otd Planning Board. 2. restricted vegetation. 3. only at That clearing and grading within Parcel 2 shall be to minimize stormwater runoff and to preserve existin¢ That these Covenants the request of the then 2 and Restrictions can be modifie, owners of the premises with th~ 11013 486 < approval of a majority plus one of the Planning Board of the Town I!of Southold or its successors after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing STATE OF NEW YORK Coun~ofSuffolk SS.: I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County {said C~qurt ~eing a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of ~ . and that it is a just and true copy of such original .~.c~-,-~.-- and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this '7 day of ............. ,.,~ Form No. 104 On the day of February, 1990, before me personally appeared Albert Stickney III, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me tha~ he executed the same. STATE OF NEW YORK ) COUNTY OF~d~.~r~) Notary SS.: On the day of February, 1990, before me personally appeared Susan K. Stickney, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the sable. Notary Public 11013P 8 SCHEDULE A Parcel 1 Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel o~ land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: .BEGINNING at a monument at an angle in the Southeasterly line of i!Equestrian Avenue, said monument being located 1431.89 feet North iof a point which is 3449.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 22 degrees, 09 minutes and 55 seconds West 153.25 feet along said avenue line to a point; thence South 79 degrees, 28 minutes and 04 seconds East 215.44 feet to a point; thence North 33 degrees, 53 minutes and 45 seconds East 108.15 feet to a point; thence North 68 degrees 18 minutes 27 seconds West 40.93 feet to a point; thence North 46 degrees 06 minutes 15 seconds West 180.00 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence South 43 degrees, 53 minutes and 45 seconds West 67.17 feet along said avenue line to the monument at the point of beginning. 4 SCHEDULE B Parcel 2 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert stickney ALL that certain plot, piece or parcel of land, with the building~ and improvements thereon erected, situate, lying and being a Fishers Island, Town of Southold, County of Suffolk and State o New York, more particularly bounded and described as follows: BEGINNING at an iron pipe on the Southeasterly line of Equestria~ Avenue, said point being located 1480.29 feet North of a poin which is 3402.62 feet West of a monument marking the United State~ Coast and Geodetic Survey Triangulation Station "PROS" and runnin, thence North 43 degrees, 53 minutes and 45 seconds East 209.8~ feet along said avenue line to a point; thence South 51 degrees 33 minutes and 20 seconds East 201.38 feet to a point; thenc: South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to ~ point; thence North 68 degrees, 18 minutes and 27 seconds Wes: 40.93 feet to a point; thence North 46 degrees, 06 minutes and 1~ seconds West 180.00 feet to the iron pipe on the sai~ Southeasterly line of Equestrian Avenue at the point of beginning Parcel 3 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the building~ and improvements thereon erected, situate, lying and being a: Fishers Island, Town of Southold, County of Suffolk and State o New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestria~ Avenue, said monument being located 1653.25 feet North of a poinI which is 3236.20 feet West of a monument marking the United State: Coast and Geodetic Survey Triangulation Station "PROS" and runnin~ thence South 51 degrees, 33 minutes and 20 seconds East 105.0~ feet to an iron pipe; thence North 43 degrees, 42 minutes and 4, seconds East 122.31 feet to a monument; thence North 43 degrees 34 minutes and 00 seconds East 15.00 feet to a point; thence Soutl 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point thence North 89 degrees, 25 minutes and 18 seconds East 149.4~ feet to a monument; thence South 26 degrees, 07 minutes and 5~ seconds West 411.85 feet to an iron pipe; thence North 68 degrees 18 minutes and 27 seconds West 225.34 feet to a point; thenc~ North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to ~ point; thence North 51 degrees, 33 minutes and 20 seconds Wes~ 201.38 feet to a point on the said Southeasterly line o Equestrian Avenue; thence North 43 degrees, 53 minutes and 4~ seconds East 30.14 feet along said avenue line to the monument a: the point of beginning. 5 ALBERT STICKNEY III and SUSAN K. STICKNEY TOWN OF SOUTHOLD DECLARATI ON Record and Return to: MATTHEWS & HAM 45 HAMPTON ROAI) $OUTIIAMPTON, NEW YORK 11968 DISTRICT SECTION BLOCK eo~.ooo LOT 008.002 MAR 30 1990 DECLARATION HENRY L. and existing under and by virtue of the laws of the York, with its principal office at Equestrian Avenue, Island, NY 06~the "Declarant"). WITNESSETH: WHEREAS, Declarant is a public charity whose purposes include the conservation and protection of environmental systems and areas; and WHEREAS, Declarant is the owner in fee simple of a certain parcel of real estate situate at Fishers Island, Town of Southold, County of Suffolk and State of New York, as more particularly described on Schedule._ A hereto (the "Parcel"); and . WHEREAS, the Parcel in its present and proposed state contains a significant natural habitat in which fish, wildlife or plant communities or similar ecosystems normally live and which Declarant desires and commits itself to conserve and protect; NOW, THEREFORE, Declarant does hereby declare that the Parcel shall be held. in perpetuity subject to the following covenants and restrictions: ...... ;,* 1. Declarant covenants and agrees that it shall maintain the Parcel for conservation purposes and shall not itself or permit others to use the Parcel for any purposes whatsoever which would be inconsistent with the preservation and protection of its natural habitat. The__f~llowing activities shall be deemed to be DECLARATION, made the ~&~ day of March, 1990, by the FERGUSON MUSEUM, INC., a charitable corporation organized State of New Fishers 11043P;542 ( ( inconsisten~ with such conservation purposes: (a) Erection of any buildings, commercial signs or other structures or improvements set forth in this Declaration); (b) Filling, excavating, removing soil or sand or gravel or rocks or minerals, constructing site improvements or changing the topography of the Parcel in any manner which would be detrimental to or which could adversely affect the conservation purposes of this Declaration; (c) Toleration of other than over roads and paths billboards, (except as properties, including, but not limited to, the use of snowmobiles, motorcycles, all-terrain or other off-road vehicles; and (d) Any other action, practice or use which could be detrimental to or which could adversely affect the preservation and protection of the natural habitat of the Parcel. Because a significant portion of the habitat Declarant desires to protect consists of open land which has been maintained as such, the cutting of trees or brush, mowing, cultivation or planting of the Parcel from time to time by Declarant or its agents shall not in and of itself be deemed to be inconsistent with the conservation purposes of this Declaration. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties shall not in and of themselves be deemed to be inconsistent with the~i %c°nservation purpose of this vehicular traffic over the land necessary for access to adjoining )eclaration] 2. This Declaration ;ay give the public the right to any purpose whatsoever. 3. This Declaration perpetuity and the terms hereof !herein contained shall apply to is not intended to permit or in any enter upon or use the Parcel for shall run with the land in and the covenants and agreements and be forever binding upon the STATE Of NEW YORK SS.: County of Suffolk I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court beLng a Court of Rp.a:ord) DO HEREBY CERTIFY that I have compared.th~annexed copy of "" ,4--//--~~ r ' - * and that it is a just and true copy of such original ,,~_~...~ . and of the whole thereof. ~.'-~._...,, ~ c~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this ~.~ day of ,,,~/~,.~_ ~ 19 ~ ~ Clerk.,~/Q,,~- Form No. 104 12-109..12/89c~ STATE OF -NEW Y~k~K ) COUNTY OF °"~ ..... ) On the ~ day of March, 1990, before me personally ~ appeared ¢>1^,~[ ~. ~eA~5o,q , to me known, who being by me duly sworn, did depose and say that he resides at-53 ,¢~h~3T~D {~ ~,~'~, ~-~ ~-. , that he is the ~c~,oc~-~ of the Henry L. Ferguson Museum, Inc., the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporation. Notary Public ~ ~y Comm. Expires March 3~', I99~ SCHEDULE A To Declaration made by: Declaration dated: Henry L. Ferguson Museum, Inc. March ~, 1990 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. THE HENRY L. DECLARATION Made By FERGUSON MUSEUM, MATTHEWS & }lAM DISTRICT 1000 SECTION oo BLOCK · o"0-0 , o o o LOT O"O-O-g. O02 & 008.006 FEB ? 199 11018P 4 '.4 DECLARATION DECLARATION, made the 3['~ day of February, 1990, by ALBERT STICKNE¥ III and SUSAN K. STICKNEY, both now residing at West Lane (no #), Route 2, Box 25, Pound Ridge, New York 10576, hereinafter referred to as the Declarants. WHEREAS, the Declarants are the owners of certain real property situate at Fishers Island, Town of Southold, Suffolk County, New York, as shown on the map entitled "Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney", prepared by Chandler, Palmer & King, dated September 20, 1988, revised November 14, 1988, September 21, 1989 and December 8, 1989, which map is to be filed in the Offices of the Town Clerk and the Building Department of the Town of Southold, with the said Susan K. Stickney being the owner of Parcel 1 as shown thereon and more particularly described on Schedule A hereto and the said Albert Stickney III and Susan K. Stickney being the owners of Parcels 2 and 3 as shown thereon and more particularly described on Schedule B hereto; and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval of a lot line change as shown on the above referred to map, to wit: the :ransfer of Parcel 2 as shown thereon by the ~nd 3 to the owner of Parcel 1; and WHEREAS, for and in consideration of said approval, owners of Parcels 2 granting of the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said Parcels that the within covenant and restrictions be imposed on said Parcels, and as a condition o said approval, said Planning Board has required that the within Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said'Parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said premises described on Schedule A and Schedule B hereto shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of said premises, their heirs executors, legal representatives, distributees, successors assigns, to wit: 1. That no lot line shall be changed in a~y'manner at any future date unless authorized by the Town of Sout~old Plannin¢ Board. 2. That clearing and grading within Parcel 2 shall b~ restricted to minimize stormwater runoff and to preserve existing vegetation. only at the That these Covenants and Restrictions request of the can be modifie. then owners of the premises with th, 2 approval of a majority plus one of the Planning Board of the Town lof Southold or its successors after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing STATE OF NEW YORK CountyofSuffolk SS.: I, EDWARD P. ROMAINE, Clerkofthe Countyof Suffolk and Clerkofthe Supreme Courtofthe State of New York in and for said County (sa d C~urt being a ~ourt of Record) DO HEREBY CERTIFY that I have compared the annexed copy of and that it is a just and true copy of such original .,~ and of the whole thereof. IN TESTIMONY WHEREOF, IhavehereuntosetmyhandandaffixedthesealofsaidCounty and Courtthis '"7 dayof ,~ 19~'~ .................... Form No. 104 On the ~ day of February, 1990, before me personally appeared Albert Stickney III, to me known and known to me to be the individual described in and who executed the foregoingl instrument and he acknowledged to me tha~ he executed the same. STATE OF NEW YORK ) COUNTY OF%~dJ~,r~) Notary On the day of February, 1990, before me personally appeared Susan K. Stickney, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the sa~. Notary Public 11013P 457 SCHEDULE A Parcel 1 Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at ~Fishers Island, Town of Southold, County of Suffolk and State of iNew York, more particularly bounded and described as follows: iBEGINNING at a monument at an angle in the Southeasterly line of iEquestrian Avenue, said monument being located 1431.89 feet North of a point which is 3449.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 22 degrees, 09 minutes and 55 seconds West 153.25 feet along said avenue line to a point; thence South 79 degrees, 28 minutes and 04 seconds East 215.44 feet to a point; thence North 33 degrees, 53 minutes and 45 seconds East 108.15 feet to a point; thence North 68 degrees 18 minutes 27 seconds West 40.93 feet to a point; thence North 46 degrees 06 minutes 15 seconds West 180.00 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence South 43 degrees, 53 minutes and 45 seconds West 67.17 feet along said avenue line to the monument at the point of beginning. SCHEDULE B Parcel 2 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the building~ 'and improvements thereon erected, situate, lying and being a~ Fishers Island, Town of Southold, County of Suffolk and State o; New York, more particularly bounded and described as follows: BEGINNING at an iron pipe on the Southeasterly line of Equestria~ Avenue, said point being located 1480.29 feet North of a point which is 3402.62 feet West of a monument marking the United State~ Coast and Geodetic Survey Triangulation Station "PROS" and runnin¢ thence North 43 degrees, 53 minutes and 45 seconds East 209.8~ feet along said avenue line to a point; thence South 51 degrees, 33 minutes and 20 seconds East 201.38 feet to a point; thenc~ South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to 'r point; thence North 68 degrees, 18 minutes and 27 seconds Wes~ 40.93 feet to a point; thence North 46 degrees, 06 minutes and 1~ seconds West 180.00 feet to the iron pipe on the saiJ Southeasterly line of Equestrian Avenue at the point of beginning. Parcel 3 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. 5 ALBERT STICKNEY III SUSAN K. STICKNEY and TOWN OF SOUTHOLD DECLARATI ON Record and Return to: MA'x~I'~EWS & HAM 45 HAMPTON ROAD SOU~IAMPTON, NEW YORK 11968 LOT LINE CHANGE Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of Lot Line -with conditions Endorsement of Lot Line I, ,PROJEC. T I.D. NUMBER Appendix C State Environmental Quality RevieWs. SHORT ENVIRONMENTAL ASSE~SMEN~ For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME LOt Line Change ~-or ALBERTSTICKNEYand SUSAN K. STICKNEY Susan E. & Albert Stickney 3. PROJECT'OCAT~ON: Fishers Island, Municipality Tnwn n~c fqnttf-hnlcl County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Equestrian Avenue, Fishers Island, New York Suffolk County Tax Map Nos. 1000-9-6-8.2 & 8.6 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRrEFLY: Transfer of approximately 1.05 acres from parcel Owned by Susan K. and Albert Stickney to parcel owned solely by Susan K. Stickney to effect lot line change 7. AMOUNT OF LAND AFFECTED: IniRally 3. 82 _ acres URImately 3 ._~._82 -- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly However, proposed addition to dwelling on Susan K. Stickney parcel will require action by the Town of Southold Board of Trustees 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParkJForestlOpen space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? ' ' [] Yes [] No If yes, list agency(s) and permil/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If ye-J, list agency name and permit/apprOVal 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOD F CATION3 [] Yes [] N o I CERTIFY THAT THE tNFOBMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE _(._ Applicant/sponsor name: Albert Stickney Susan K. Stickney Ii the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 o~te: 11/ 7/88 PART II--ENVIRONMENaIL ASSEj~MENT (To be completed by Anamev) ad~k A. DOES ACTION EXCEED WI YPE I ~I[SHOLD IN 6 NYCRR, PART 617.127 ~ll~es, co,~[~e* the review process and use the FULL EAF. [] Yes [] No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 may be superseded by another involved agency. [] Yes [] No If NO, a negative declaraUon C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) Cl. Ex~sting air quality, surface or groundwater quaUty or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain brlefl C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS? [] Yes [] No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural);.(b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Date 2 I 91988 APPLICATION FOR APPROVAL OF !PLAT To the Planning Board of tile To~vn of Southold: ......... :...2:i_ :.'{--~f;Y~.~'~-.~_--_ 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 Sou(hold Toxvn 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 Lot Line Change for Susan K. & Albert Stickney 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 folIa.xvs: ' ' ' - Liber ........................ Page ...................... On ........................ · Liber ........................ Page ...................... On ....................... ; Libe_r ........ Page ...................... On Liber ................. Page ...................... On ........................ · Liber ........................ Page ...................... On as devised under the Last '~Vill and Testament of ....................................... distributee " ' 5. The area of the land is .... 't, ~.2 ........ acres. 6. All taxes xvhich are liens on the land at the (late hereof have been paid- e~.vplfix. ........... 7. THe land is encnmhered by ...... '.~. ?. ................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber ............. Page .................. in.origilal 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 ................................ .. ........................ 8. There are no other encumbrances or liens against the land. l~'t~l~X ........................ 9. The land lies in the following zoning nsc districtsA.-.]:..A.g.r. 1.'.c.u..1.t...t'l.r. 9.]'.r.R.e..8.i..d.e.~.l::.i..a.1. 10. No part of tbe land lies under water whether tide water, stream, pond water or otherwlse,.~ 11. 12. 13. 14. 15. 16. 17. 18. 19. Tha'applicant shall at bis expense install all required public improvements. The land (does) (111~:~1~ lle in a Water District or Water Supply District. Name of Dis- trict, if within a DistricL is ... F.~,.s.h..e.r..s...I.8.1..,.,.a.n..d. .~.a.E..e.r...~..o.r.k..8. ..................... Water mains will be laid by .... .e.x..i.s..t;.i..rig ............................................ and (a) (no) charge will be lnade for installing said mains. Electric lines and standards will be installed by ...e..x.i.s..t;.i..rlg ........................... ..................................... and (a) (no) charge will be made for installing sairi lines~ Gas mains 3rill be installed by ...~..'q$.g.t:..i.Bg. ............................................. and (a) (no) charge xvill be made for installing said mains. streets sboxvn on the plat are claimed by tb~ ~.pplicant to be existing public streets in thc Suffolk Couuty Iligbway. system, annex Schedule "B" hereto, to show same. If streets shown oo the plat are claimed by tile applicant to be exiszing poblic streets in thc Town of Sonthold Ilighway system, annex Schednle "C" hereto to show same. There are no existing buildings or strncturcs on tile land whicl~ are not located and showl~ on the plat. \Vhere tile plat shows prot~osed streets which arc extensions tff 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 co~:~jttnctions with the proposed streets. .. 20. hi tile cm~rse of these proceedings, the alq~licant will oiler [mmf o[..titlc as required by Sec. 335 o£ the [(cai Property Law. 21. Submi-t a col>3' of proposed deed for lots showing ali re§tr ctmns, covenants, etc. Annex 22. The applicant estimates that the cost of grading and required pnblic improvements svill 1 $ ....0 ..... as itemized in Schedule "E" hereto annexed and requests that the maturity of tl Performance Bond be fixed at ..... .0 ........ years. The Performance Bond will be written b a licensed surety company unless otherwise shown on Schedule "F". DATE ..... N.o¥.e~b.~r ............... 19.8.8. Albert Stickney and Susan K. Stickne (Name of Applicant) (Signature and Title) , '[ Albert Stiekney /Susan K. Stic}rnc~y Route 2 - Box 25, Pound Ridget (Address) '" '~ ~ ' ;[ ~'k"~ ' '15 0 ~ 7 5" STATE OF-NE\V YORK, COUNTY'OF ' .els- -~.~ ................ ss: On the . .~. ......... day of .... '. ?. 9-v..e.m..b.c.r. ............. 19. ..... 88 , before me personally cam, Susan K.' Stickne7 Alber t..S..t:.i..c.k.n..e.7'-~ .a..n.d. ........................ to me known to be the individuaiSdescrihed in and wh, executed the foregoing instrument, and acknowledged tbat . lkl3O.~r ..... executed the same. ../r. STATE OF NE\V YORK. COUNTY OF ............................ ss: On the ................ day ............ of ............... 19 ....... before me personally cam~ .................... to me kuown, who being by me duly sworn did p~se and sa)- that ........... resides at No ............. ............................. flmr ........................ is the .......... the c{,rporatio~ described in and whicl~ executed th'e'f~rct/oin~ mstrmucnt: tbat ............ knoxw tht' :,eal of ~,aid corporatmn; that the seal affixed by order of the board of directors of-said corporation. a*:,l that ............ signed .............. name tberetobylikeorder. Nt3t&ry Public ' . ............................. SUSAN K. AND ALBERT STICKNEY TO SUSAN STICKNEY A certain tract or parcel of land located at Fishers Island, Town of Southold, County od Suffolk and State of New York, being bounded and described as follows: Beginning at an iron pipe the Southeasterly line of Equestrian Avenue, said point being located 1480.29 feet North of a point which is 3402.62 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 43 degrees, 53 minutes and 45 seconds East 209.88 feet along said avenue line to a point; thence South 51 degrees, 33 minutes and 20 seconds East 201.38 feet to a point; thence South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to a point; thence North 68 degrees, 18 minutes and 27 seconds West 40.93 feet to a point; thence North 46 degrees, 06 minutes and 15 seconds West 180.00 feet to the iron pipe on the said Southeasterly line of Equestrian Avenue at the point of beginning. Containing 1.05 acres, more or less. SUSAN K. AND ALBERT STICKNEY DESCRIPTION OF PARCELS I AND 2 A certain tract or parcel of land with the building thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a monument at an angle in the Southeasterly line of Equestrian Avenue, said monument being located 1431.89 feet North of a point which is 3449.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 22 degrees, 09 minutes and 55 seconds West 153.25 feet along said avenue line to a point; thence South 79 degrees, 28 minutes and 04 seconds East 215.44 feet to a point; thence North 33 degrees, 53 minutes and 45 seconds East 108.15 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence South 43 degrees, 53 minutes and 45 seconds West 277.05 feet along said avenue line to the monument at the point of beginning. Containing 1.84 acres, more or less. SUSAN K. AND ALBERT STICKNEY TO DESCRIPIION OF PARCEL 3 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 Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and O0 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and O0 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees,33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. Containing 1.98 acres, more or less. SUSAN K. AND ALBERT STICKNEY DESCRIPTION OF ENTIRE PROPERTY A certain tract or parcel of land with the building thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and O0 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence South 33 degrees, 53 minutes and 45 seconds West 108.15 feet to a point; thence North 79 degrees, 28 minutes and 04 seconds West 215.44 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 22 degrees, 09 minutes and 55 seconds East 153.25 feet along said avenue line to a monument; thence North 43 degrees, 53 minutes and 45 seconds East 307.19 feet along said avenue line to the monument at the point of beginning. Containing 3.82 acres, more or less. STEPHEN L.H~,~ m /V~ATTHEW$ & HAM ~.TTORNEYS AND COUNSELLORS AT ~5 H~ON Ro~ SOUTH~ON, N.Y. 11968 Planning Board Town of Southold Main Road Southold, NY 11971 April 2, 1990 Re: Lot Line Change for Albert & Susan K. Stickney SCTM # 1000-9-6-82. & 8.6 Dear Board Members: As proof of satisfaction of the conditions pertaining to your approval of the referenced lot line change as set forth in your letter to me of February 14, 1990, I have enclosed certified copies of the following instruments which were recorded in the Office of the Suffolk County Clerk on March 30, 1990. 1. Deed, dated February 27, 1990, from Albert Stickney III and Susan K. Stickney to Susan K. Stickney, recorded in Liber 11043 page 535. 2. Deed, dated February 27, 1990, from Albert Stickney III and Susan K. Stickney to Henry L. Ferguson Museum, recorded in Liber 11043 page 539. 3. Declaration, dated March 20, 1990, made by Henry L. Ferguson Museum with respect to the property described in item 2 above, recorded in Liber 11043 page 541. The conditions to this lot line change having now been satisfied, I would appreciate it if you would forward to me a print of the final map containing the signature of the Chairman. Thank you for your attention to this matter. SLH: ja Enclosures Sincerely, Iii Affi-3 1990 Stephen L. Ham, III No Considerati TAX MAP )ESIGNATION ~i~, 1000 :.~, ~09.00 ~. {}06.000 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. n 1104aP~539 THIS INDF. JqTURE, made the 27 th d~y Of · .~3oll February , nineteen hundred and ninety ALBERT STICKNEY III and SUSAN K. STICKNEY, his wife, now residing at West Lane (no #), Route 2, Box 25, Pound Ridge, New York 10576 mrty ofthe fi~tpart, and HENRY L. FERGUSON MUSEUM, a New York corporation with offices at Equestrian Avenue (no #), Fishers Island, New York 06390 mrty of the second WITNESS~TH, that the par~ of the tint part, in conside~tion of Ten Dolhrs and ~her v~ua~e consideration paid by the p~rty of the second part, does hereby g~nt and release unto the p~rty o! the secono part, the n~rs or succ~r$ and ~signs of the party of the second pa~t forever, ALL th~ certain plot, piece or pardi of land, with ~e b~l~ngs ~nd improvemen~ thereon erected, situate, lying~ndbeing~x at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: Beginning at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46,degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. BEING AND INTENDED TO BE a part of the same premises conveyed to the party of the first part by deed, dated May 8, 1987, and recorded in the Office of the Suffolk County Clerk on June 15, 1987 in Liber 10342 page 32. SUBJECT TO Declaration recorded in the Office of the Suffolk County Clerk on February 7, 1990 in Liber 11013 page 484 and other covenants, restrictions, easements and agreements of record. TOGETIIER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines therecof; TOGETHER wilh the appurtenances and all the estate and rights of the party of the first part in and to ~aid premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and a~signs of the party of the second part forever. - .... · STATE OF NEW YORK SS.: County of Suffolk I, EDWARD P. ROMAINE, ClerkoftheCountyofSuffolkandClerkoftheSupremeCourtoftheState of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I have compared the ~nnexed Copy of and that it is a just and true copy of such original .,,., _ ~__ _z and of the whole thereof. IN TESTIMONY WHEREOF, Ihavehe~euntosetmyhandandaffixe(.~thesealofsaidCounty and Court this Form No. 104 STA~E OS NEW YORK, COUNTY OF ~[~)~/~ ss: personally came Albert Stickney III and Susan K. Stickney- to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. NOTARY PUBLIC, Stm ol N~w York No.4938222 Jualifie~ in W.stchesler County STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- 'fion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY O1~ ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OE NEW YORK, COUNTY OE On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, wY present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WI'IH COVENANT AGAINST GRAN'I'OR'S AC'IS TITLE i%10. ALBERT STICKNEY III and SUS;:! K. STICKNEY TO' HENRY L. FERGUSON MUSEUM TICOR TITLE GUARANTEE SECTION 1000 - 09.00 BLOCK 006.00 LOT p/O 008.002 R~10K~g TOWN Southold TAX BILLING ADDRESS Receded At Request of ~ Title Guarantee Company RETURN BY MAIL TO: Robert J. Miller, Esq. Day, Berry & Howard One Canterbury Green Stamford, CT 06901 Zip No, ~O Considera CONSU.LT YOUI~ LAWYER BE$OKE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED By LAWYERS ONLY. 11043P 535 THIS INDF_,ITI'UR~made Se BETWEEN ALBERT STICKNEY III residing at West Lane New York 10576, 27th dayof February ,ffineteenhundred nd ninety and SUSAN K. STICKNEY, his wife, both now (no #), Route 2, Box 25, Pound Ridge, Z3510 ~rty of the first paR, and SUSAN g. STICKNEY, now residing at West Lane Box 25, Pound Ridge, New York 10576, (no #), Route 2, T,\X bl.\l' ~SIGNATION ~'. 1000 009.00 ~06. 000 I~, p/o 008.002 ~0 1990 RPR - 3 10g0 party of the second part, I,tti'll'l~l~, that the party of the first part, in consideration of Ten and /100 ($10.07) ............................... , dollars, lawful money of the United States, and other good and valuable considerati6n paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AU. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being }hXffi~X at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at an.iron pipe on the Southeasterly line of Equestrian Avenue, said poznt being located 1480.29 feet North of a point which is 3402.62 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 43 degrees, 53 minutes and 45 seconds East 209.88 feet along said avenue line to a point; thence South 51 degrees, 33 minutes and 20 seconds East 201.38 feet to a point; thence South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to a point; thence North 68 degrees, 18 minutes and 27 seconds West 40.93 feet to a point; thence North 46 degrees, 06 minutes and 15 seconds West 180.00 feet to the iron pipe on the said Southeasterly line of Equestrian Avenue at the point of beginning. BEING AND INTENDED TO BE a part of the same premises conveyed to the party of the first part by deed, dated May 8, 1987, and recorded in the Office of the Suffolk County Clerk on June 15, 1987 in Liber~ 10324 page 32. Thq party of the second part acknowledges that, upon the recording of this deed in the Office of the Suffolk County Clerk, the above described parcel will merge with another parcel adjoining on the southwest n?w owned by the party of the second hart so as one conforming parcel under the Southold Town Zgning Code,to form said other parcel adjoining on the southwest being bounded and described as follows: BEGINNING at a monument Equestrian Avenue, said monument being located $_ at an angle in the Southeasterly line of 1431.89 feet North of REAL ESTAT~ ~IAR ~0 1990 TR,qNSFER TAX SUFFOLK COUNTY ;43510 11043 536 a point which is 3449.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 22 degrees, 09 minutes and 55 seconds West 153.25 feet along said avenue line to a point; thence South 79 degrees, 28 minutes and 04 seconds East 215.44 feet to a point; thence North 33 degrees, 53 minutes and 45 seconds East 108.15 feet to a point; thence North 68 degrees 18 minutes 27 seconds West 40.93 feet to a point; thence North 46 degrees 06 minutes 15 seconds West 180.00 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence South 43 degrees, 53 minutes and 45 seconds West 67.17 feet along said avenue line to the monument at the point of beginning. SUBJECT TO Declaration recorded in the Office of the Suffolk County Clerk on February 7, 1990 in Liber 11013 page 484 and other covenants, restrictions, easements and agreements of record. I1043 537 TOGF_.THF_.R'with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHF..R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AI~ID the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply .... t ,t. .... + ~ *h,~ ;mnrnvornent before using any part of the total of the same for STATE OF NEVV YORK County of Suffolk ss.: I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court beir~ a Court of Record) DO HEREBY CERTIFY that I have compared the ar~nexed colzY Qf t:~ ~_~ . , ofandthethatwholeit is thereof.a just and true copy of such original ~ ,,~ and /~ 3-~j IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed~e seal of said County and Court this ~.,~ dj dayof ~ 19 ~"~' Form No. 104 "'(~1~1~. STAll Of NEW TORE, COUNTY OF (~(~;~'~.. ss: personally came Albert Stickney III and Susan K. Stickney' to me known to be the individual S described in and who executed the foregoing instrument, and ~-knowledged that they executed the same. Notary Public ~11~ IL ZE~.F~ STA~E OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the ' of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like or, der. STATE Of NEW TORIC. COUNTY O~ On the day of perso.~lly Came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the r-ame, STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me personally came ' the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WIIH COVENAN] AGAINST GRANIOR'S Acts TITI E NO. ALBERT STICKNEY III and SUSAN K. STICKNEY SUSAN K. STICKNEY SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded Al Request of Tico~ Title Guarantee Company TICOR TITLE GUARANTEE Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 z~ N~ DISTRICT 1000 SECTION 00--~. O0 BLOCK ~F6--~OO LOT 008.002 11043 6541 DECLARATION DECLARATION, made the ~%~ day of March, 1990, by the HENRY L. FERGUSON MUSEUM, INC., a charitable corporation organized and existing under and by virtue of the laws of the State of New York, with its principal office at Equestrian Avenue, Fishers Island, NY 06~the "Declarant"). WITNESSETH: WHEREAS, Declarant is a public charity whose purposes include the conservation and protection of environmental systems and areas; and WHEREAS, Declarant is the owner in fee simple of a certain parcel of real estate situate at Fishers Island, Town of Southold, County of Suffolk and State of New York, as more particularly described on Schedule A.hereto (the "Parcel"); and _ WHEREAS,. the Parcel in its present and. proposed state contains' a significant natural habitat in which fish, wildlife or plant communities or similar ecosystems normally live and which Declarant desires and commits itself to conserve and protect; MAR 3O 1990 NOW, THEREFORE, Declarant does hereby declare that the Parcel shall be held. in perpetuity subject to the following covenants and restrictions: ...... ~ 1. Declarant covenants and agrees that it shall maintain the Parcel for conservation purposes and shall not itself or permit others to use the Parcel for any purposes whatsoever which would be inconsistent with the preservation and protection of its natural habitat, shall be deemed to be ,{ 11048 6542 !:inconsistent with such conservation purposes: (a) Erection of any buildings, billboards, commercial signs or other structures or improvements (except as set forth in this Declaration); (b) Filling, excavating, removing soil or sand or gravel or rocks or minerals, constructing site improvements or changing the topography of the Parcel in any manner which would be detrimental to or which could adversely affect the conservation ipurposes of this Declaration; (c) Toleration of vehicular traffic over the land other than over roads and paths necessary for access to adjoining properties, including, but not limited to, the use of snowmobiles, motorcycles, all-terrain or other off-road vehicles; and (d) Any other action, practice or use which could be detrimental to or which could adversely affect the preservation and protection of the natural habitat of the Parcel. Because a significant portion of the habitat Declarant desires to protect consists of open land which has been maintained as such, the cutting of trees or brush, mowing, cultivation or planting of the Parcel from time to time by Declarant or its agents shall not in and of itself be deemed to be inconsistent with the conservation purposes of this Declaration. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties shall not in and of themselves be deemed to be inconsistent with purpose of this 1104 5 3 Declarat2on. 2. This Declaration way give the public the right to enter upon or use the Parcel is not intended to permit or in any for any purpose whatsoever. 3. This Declaration )erpetuity and the terms hereof ~erein contained shall apply to and shall run with the land in and the covenants and agreements be forever binding upon the STATE OF NEW YORK County of Suffolk I, EDWARD p. ROMAlNE'Clerk°ftheCountyofSuffolkandClerkoftheSupremeCourtoftheState of New York in and for sa d County {said Court being a Court of F~rd) DO HEREBY CERTIFY that I have compared, the, annexed copy of ~ ~'--~"~ ,, ~ ~s a just and true copy of such original of the whole thereof. ~'L..-~__~-~ ~(~ and IN TESTIMONY WHEREOF, Ihavehereu._ntosetmyhandandaffixedthesealofsaidCounty and Court this ,.~D~j dayof ,,Pp~__ ~..~,~ 19 Form No. t04 ..... STATE OF .~K ) COUNTY OF .S%qv=~n~ ) On the ~0 day of March, 1990, before me personally appeared ¢~^~[ ~. F6~5o,q , to me known, who being by me duly sworn, did depose and say that he resides at %~ 6~3~=^0 t~ ~,~]~, ~ o~,'3-. , that he is the ~c~,o~-~- of the Henry L. Ferguson Museum, Inc., the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporation. ~y Cg~rn. Expires Ma~ 3~, ~ SCHEDULE A To Declaration made by: Declaration dated: Henry L. Ferguson Museum, Inc. March~, 1990 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45i seconds East 30.14 feet along said avenue line to the monument the point of beginning. CLER~ ur SUFFOL~ GOUt'fY THE HENRY L. DECLARATION Made By FERGUSON MUSEUM, I"{A'Iq'HE'WS & ~ 45 tlAM~TON RO~ 1V~AT T H E %V'S ~ ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SO~H~ON, N.Y. 11968 February 13, 1990 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Lot Line Change for Albert and Susan K. Stickney; (SCTM ~ 1000-9-6-8.2 & 8.6) Dear Melissa: In connection with the referenced lot line change, I have enclosed five prints of the final map, reflecting the recordation of the Declaration required by the Planning Board. Also enclosed is a certified copy of the Declaration itself which was recorded on February 7, 1990 in Liber 11013 page 484. Please submit the enclosed for tonight's meeting. I anticipate that the approval of this lot line change will be conditioned upon the recording of a deed conveying parcel 3 to the Henry L. Ferguson Museum and the filing by the Museum of a Declaration prohibiting development (the forms of which have already been reviewed by your staff). In that regard, I would appreciate it if the Planning Board would give us at least 90 days to record these documents since I will have to deal with the Museum and its attorneys in order to obtain the requisite signatures. Thank you for your attention to this matter. Sincerely, SLH:ja Enclosures BY HAND III Mr. Orlowski: No further questions, I will keep this hearing open. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:40 p.m. Albert & Susan K. Strickney - This lot line change is located on Fishers Island. SCTM # 1000-9-6-8.2 & 8.6. We have proof of publication in the Long Island Traveler Watchman and the Suffolk Times and also the New London paper. Everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: No further questions, closed. O.K. everything is in order lot line change, does the board have I'll declare this hearing for approval. This is a any pleasure? Mr. McDonald: Mr. Chairman, I would like to make the motion that the following resolution be adopted. WHEREAS, Susan K. Stickney is the owner of the property known and designated as SCTM # 1000-9-6-8.6 and Susan K and Albert Stickney are the owners of the property known and designated as SCTM # 1000-9-6-8.2, located at the southeast side of Equestrian Avenue, 362 feet north of Ocean View Avenue on Fishers Island; and WHEREAS, this Lot Line Change is to be known as Susan K. and Albert Stickney Lot Line Change; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on November 20, 1989; and WHEREAS, a final, public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 13, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval, and authorize the Chairman to endorse the final surveys dated December 8, 1989 with a note added on February 8, 1990, subject to fulfillment of the following conditions. All conditions must be met within six months of the date of this resolution. 1. The recording of a deed conveying Parcel 3 to the Henry L. Ferguson Museum and the filing by the Museum of a Declaration prohibiting development. 2. The filing of the deed pertaining to the merger of Lots 1 and 2. A copy of the filed deed must be submitted to the Planning Board office. (6) Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:45 p.m. Lorraine Terry - This minor subdivision is on 12.823 acres in Orient. SCTM #1000-18-5-18.1. We have proof of publication in the Long Island Traveler Watchman and the Suffolk Times. Everything is in order at this time for a final hearing. I'll ask if there are any endorsements of this subdivision? Marie Ongioni: Representing Lorraine Terry. I urge the board to grant approval of this subdivision. I believe that the file is in order. It is a minor subdivision of four lots located on the Main Road in Orient. Health Department approval has been obtained and the covenants and restrictions were filed in September in the County Clerk's office. Covenants and Restrictions incorporating these County Planning Commission recommendations have been prepared and approved by the Town Attorney's office and I believe that all governmental requirements have been met. I urge approval. Does the board have any questions? Mr. Orlowski: Not at this moment. Any other endorsements of this subdivision? Any one against this subdivision? Any one neither pro nor con but may have information pertaining to this subdivision that would be of interest to the board? Hearing none, any questions from the board? Board: No questions.' Mr. Orlowski: Hearing no further questions, I'll delcare this hearing closed. DISTRICT 1000 SECTION BLOCK OO-6-6--_U0O LOT 0"0W8-.002 008.006 FEB ? 199,~ DECLARATION, made DECLARATION the 3('~ day of February, 1990, by ALBERT STICKNEY III and SUSAN K. STICKNEY, both now residing at West Lane (no #), Route 2, Box 25, Pound Ridge, New York 10576, hereinafter referred to as the Declarants. WHEREAS, the Declarants are the owners of certain real property situate at Fishers Island, Town of Southold, Suffolk County, New York, as shown on the map entitled "Proposed Lot Line Change Plan Prepared for Susan K. & Albert stickney", prepared by Chandler, Palmer & King, dated September 20, 1988, revised November 14, 1988, September 21, 1989 and December 8, 1989, which map is to be filed in the Offices of the Town Clerk and the Building Department of the Town of Southold, with the said Susan K. Stickney being the owner of Parcel 1 as shown thereon and more particularly described on Schedule A hereto and the said Albert stickney III and Susan K. Stickney being the owners of Parcels 2 and 3 as shown thereon and more particularly described on Schedule B hereto; and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval of a lot line change as shown on the above referred to map, to wit: the :ransfer of Parcel 2 as shown thereon by the owners of Parcels 2 %nd 3 to the owner of Parcel 1; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said Parcels that the within covenants and restrictions be imposed on said Parcels, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said Parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said premises described on Schedule A and Schedule B hereto shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. That no lot line shall be changed in a~y'manner at any future date unless authorized by the Town of Sout~old Planning Board. 2. That clearing and grading within Parcel 2 shall be restricted vegetation. 3. to minimize stormwater runoff and to preserve existing That these Covenants and Restrictions can be modified only at the request of the then owners of the premises with the lapproval of a m~jority plus one of the Planning Board of the Town of Southold or 1ts successors after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing STATE OF NEW YORK ss.: County of Suffolk I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County {said C, qurt b~. ing a~Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of and that it is a just and true copy of such original .,~ and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this '7 day of ..................................... Form No. 104 ~ ~2-,~..~J8~ On the .~rl day of February, 1990, before me personally appeared Albert Stickney III, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. STATE OF NEW YORK ) COUNTY OF %~,:r~ ) Notary ss.: On the ~ day of February, 1990, before me personally appeared Susan K. Stickney, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the saI~e. Notary Public ~_3 SCHEDULE A Parcel 1 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument at an angle in the Southeasterly line of Equestrian Avenue, said monument being located 1431.89 feet North of a point which is 3449.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 22 degrees, 09 minute~ and 55 seconds West 153.25 feet along said avenue line to a point; thence South 79 degrees, 28 minutes and 04 seconds East 215.44 feet to a point; thence North 33 degrees, 53 minutes and 45 seconds East 108.15 feet to a point; thence North 68 degrees 18 minutes 27 seconds West 40.93 feet to a point; thence North 46 degrees 06 minutes 15 seconds West 180.00 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence South 43 degrees, 53 minutes and 45 seconds West 67.17 feet along said avenue line !to the monument at the point of beginning. 4 Parcel 2 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert stickney that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at an iron pipe on the Southeasterly line of Equestrian Avenue, said point being located 1480.29 feet North of a point which is 3402.62 feet West of a monument marking the United States Coast and Geodetic survey Triangulation Station "PROS" and running thence North 43 degrees, 53 minutes and 45 seconds East 209.88 feet along said avenue line to a point; thence South 51 degrees, 33 minutes and 20 seconds East 201.38 feet to a point; thence South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to a point; thence North 68 degrees, 18 minutes and 27 seconds West 40.93 feet to a point; thence North 46 degrees,.06 minutes and 15 seconds West 180.00 feet to the iron pipe on the said Southeasterly line of Equestrian Avenue at the point of beginning. 3 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert stickney ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestrian Avenue{ said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. ALBERT STICKNEY III and SUSAN K. STICKNEY TO ' , TOWN OF SOUTHOLD DECLARATI ON Record'and Return to: MA'I-i'h~EWS & HAM 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 UBLISHER S CERTIFICATE State of Connecticut ) County of New London, ) ss. New London LEGAL 911 Town o! Southold On this I 3th day of__February A.D. 19 , personally appeared before the undersigned, a Notary Public, within and for said Count!/ and State, g. L. Zielinski, Leqal Adv. Clerk newspaper published at London, State of Connecticut, states on oath, that the Order Leqal Adv. #911 is hereunto annexed, its issues of the of THE DAY, a daily New London, County of New who being duly sworn, of Notice in the case of a true copy of which was published in said newspaper in days of February A. I) 1 9 ?0 Subscribed and sworn to ~/for/e/me this_ 13th day of February A.D. l~k)0 . Notary th~blic. Main Road, Southold, New York Jenner, on the southeast by land in said Town on the 13th day of now or formerly of William J. Februa~, 1990 on thc question of llilliard and P.C. llardiing; on tho the following: southwest by land now or 7:30 p.m. Final approval of thc minor subdivision of Catheri~ Lindsey Hinterlitcr and William Lindscy. Jr. located at thc Town of Southold, County of Suffolk and the State of New York; Suffolk County Tax Map Number 1000-113-7-2.1 & 2.3. The property is botdcrcd on the north by Bergen Avenue; on thc northeast by land now or formerly of Andeas Michael & Mafia Michael, by land now or foTmedy of William Zoldessy &' Ann Zoldessy, by/and now or formerly of Leon Dean Russell, by land now or formerly of Nicholas LeBasso; on the southeast by land now or formerly of Peter A. Phi~ps, by land now or formerly of William Lindsay, Jr. and Frances B. Lindsay, by Cox Neck Road, by land now or formerly uf Mary C. Lindsay. by land now or formerly of Ciao Tsaunis & t Nicholas Tsaunls by bad now or ~ formerly of Phl/ip M. Hogan; on ~ the southwest by land now or ~ formerly of Arthur p. Fostcr; on ~ the northeast by land now or formerly of WUl/am Churl/ak. l .7:35 p.m. Final appToval of thc minor subdivision of Doris Prlcc Moclinr Fostcr, located at Town of Southold, Counl Suffolk and State of New Suffolk County Tax 1000-103-9.13. Thc property is bordered on: nnoOwnh by a dredged canal, by /and the cast by Little Neck Road; on the south and west b Creek. 7:40 p.m, Final approval of a Jot line change of A/bert andI formerly of Mo~imcr Bcrkcwitz; formerly of Joan Cox. 7:45 p.m. Final approval of thc minor subdivision of Lorraine S. Terry, located at thc Town of. Southold, County of Suffolk and State of New York. Sulfolk County Tax Map Number 1000- 18-5-18.1. ~e property is bordered on thc ~ land now or formerly fom~erly of Hopkins, by land now or formerly of Cinlusmink. by land now or formerly of Pardo, by land now or formerly of Orient formerly of thc Orinnt Fire 7:50 p.m. Final approval this set off of Wesley Dickinson Bayvicw, located in the Town of Number 1000-78-9-30.1 & 30.2. Thc property is bordered on tho south by land now or formerly of Gi] Michaels; on thc northwest by Main Bayvicw Road· minor subdivision of Major at the time and p/acc specified. SOU'~ IOLD ~IOWN pLANNING BOARD STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Patricia Heaney of Mattltuck, I said County, being duly sworn, says that he/she is Prlnclpa Clerk of THE SUFFOLK TIMES, a Weekly Newspaper published at Mattituck, in tho Town of SouthoM, County o Suffolk and State of New York, and that the Notice of whie~ the annexed is a printed copy, has been regularly published I, said Newspaper once each week for i week successively, commencing on the 1 st day · February 1990 COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY OIVEN that pursuant to Section 276of the Town Law, a public hearing will be held by the Southold Town Planning Board, ~ at the Town Hall, Main Road, Southold, New York in said Town on the 13th day of February, 1990 on the question. of the following: 7:40 p.m. Final approval of a lot line change of Alb~t and Su~.K~Sticla~, Ioca~d on Fishers Island, County of Suf- folk and State of New York. Suffolk County Tax Map Number 1000-9-6-8.2 & 8.6. The property is bordered on the north by Equestrian Avenue; on the east by land now or formerly of John F. Kramer and Hilary Jenner; on the southeast by land now or formerly of William J. Hilliard and P.C. Hardling; on the southwest by land now or formerly of Mot- timer Berkewitz; on the southeast by land now or formerly of .Joan Cox. Any person desiring to be heard on the above matter should appear at the time and place specified. Dated: February 6, 1990 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Or]owski, Jr. Chairman . IX-2/8/90(30) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for.. I weeks successively, commencing on the ...................... day of ...... "'~. · .~'~'~).. .... 19 .?.o.. Sworn to before me this ..................... day of ........ ."~....~..~'~-~...~ .....19. ?.g. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State 0f New York No. 4806~46 Qualified in Suffolk C0u~ty . Commi~ion Expim~, ~V~AT~['HEWS ~: HAM ~TTOi~NEYS AND COUNSELLOI~S AT LAW 4,5 HAHPTON ROAD SOU~rH~PTON, N.Y. 11968 516- ~83- 2400 TELECOPIEI;I 516-287 1076 January 22, 1990 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa spiro Re: Lot Line Change for Albert & Susan K. stickney; SCTM # 1000-9-6-8.2 & 8.6 Dear Melissa: In accordance with the Planning Board's letter to me of January 19, 1990, I have prepared and enclosed a proposed Declaration covering the matters referred to therein. Please review the enclosed with the Town Attorney and advise me whether it is acceptable or whether any additions or changes will be required. Your prompt attention would be greatly appreciated since I will need to record the Declaration and obtain final maps prior to the February 13 hearing. Sincerely, Stephen L. Ham, III SLH: ja Enclosure DISTRICT 1000 SECTION BLOCK OO-0Bq-_Uoo LOTS 008.002 & 008.006 DECLARATION DECLARATION, made the K. STICKNEY III and SUSAN K. Lane (no #), Route 2, Box 25, Pound Ridge, hereinafter referred to as the Declarants. day of January, 1990, by ALBERT STICKNEY, both now residing at West New York 10576, WHEREAS, the Declarants are the owners of certain real property situate at Fishers Island, Town of Southold, Suffolk County, New York, as shown on the map entitled "Proposed Lot Line Change Plan Prepared for Susan K. & Albert stickney", prepared by Chandler, Palmer & King, dated September 20, 1988, revised November 14, 1988, September 21, 1989 and December 8, 1989, which map is to be filed in the offices of the Town Clerk and the Building Department of the Town of Southold, with the said Susan K. stickney being the owner of Parcel 1 as shown thereon and more particularly described on Schedule A hereto and the said Albert Stickney III and Susan K. Stickney being the owners of Parcels 2 and 3 as shown thereon and more particularly described on Schedule B hereto; and WHEREAS, the Declarants have Planning Board of the Town of Southold made application to the for approval of a lot line change as shown on the above referred to map, to wit: the transfer of Parcel 2 as shown thereon by the owners of Parcels 2 and 3 to the owner of Parcel 1; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said Parcels that the within covenants and restrictions be imposed on said Parcels, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the office of the Suffolk County Clerk; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said Parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said premises described on Schedule A and Schedule B hereto shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. That no lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. That clearing and grading within Parcel 2 shall be restricted to minimize stormwater runoff and to preserve existing vegetation. 3. That these Covenants only at the request of the then and Restrictions can be modified owners of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold or its successors after a public hearing. Adjoining property owners shall he entitled to notice of such public hearing but their consent to such modifications shall not be required. IN WITNESS WHEREOF, the Declarants above named have executed the foregoing Declaration as of the day and year first above written. Albert Stickney III Susan K. stickney STATE OF NEW YORK ) COUNTY OF ) ss.: On the day of January, 1990, before me personally appeared Albert stickney III and Susan K. stickney, to me known and known to me to be the individuals described in and who executed the foregoing instrument and they acknowledged to me that they executed the same. Notary Public SCHEDULE A Parcel 1 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument at an angle in the Southeasterly line of Equestrian Avenue, said monument being located 1431.89 feet North of a point which is 3449.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 22 degrees, 09 minutes and 55 seconds West 153.25 feet along said avenue line to a point; thence South 79 degrees, 28 minutes and 04 seconds East 215.44 feet to a point; thence North 33 degrees, 53 minutes and 45 seconds East 108.15 feet to a point; thence North 68 degrees 18 minutes 27 seconds West 40.93 feet to a point; thence North 46 degrees 06 minutes 15 seconds West 180.00 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence South 43 degrees, 53 minutes and 45 seconds West 67.17 feet along said avenue line to the monument at the point of beginning. SCHEDULE B Parcel 2 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at an iron pipe on the Southeasterly line of Equestrian Avenue, said point being located 1480.29 feet North of a point which is 3402.62 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 43 degrees, 53 minutes and 45 seconds East 209.88 feet along said avenue line to a point; thence South 51 degrees, 33 minutes and 20 seconds East 201.38 feet to a point; thence South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to a point; thence North 68 degrees, 18 minutes and 27 seconds West 40.93 feet to a point; thence North 46 degrees, 06 minutes and 15 seconds West 180.00 feet to the iron pipe on the said Southeasterly line of Equestrian Avenue at the point of beginning. Parcel 3 - Proposed Lot Line Change Plan Prepared for Susan K. & Albert Stickney ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 Stephen L. Ham III Matthews & ham 45 Hampton Rd. Southampton, NY 11968 RE: Albert & Susan Stickney SCTM# 1000-9-6-8.2 & 8.6 Dear Mr Ham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Thursday, January 18, 1990. RESOLVED to adopt the following from the January 5, 1990, Suffolk County Planning Commission report (numbers correspond to numbers in report): 1. Is to remain as written. Is to be omitted. The Planning Board has received revised deeds which incorporate parcel 1 and parcel 2 into one parcel. 3. Is to remain as written. 4, 5 & 6 Are to be omitted. The application before the Board is for a lot line change, not a subdivision. No new dwelling units are proposed. Is to be revised to read: These Covenants and Restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of $outhold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be required. To remain as written with the addition that the Liber and Page number of the filed document be included on the final map. Numbers 1 and 3 must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. the Number 8 must be shown on the final map. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~//~5 Chairman Encl. cc: SCPC CO~iTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York Dear Mr. Orlowski: ARTHUR H. KUNZ DIRECTOR OF lat. ANNING January 5, 1990 Re: Minor Subdivision - Albert Stickney Southeasterly side of Equestrian Avenue 362.84 ~eet northeasterly from Ocean View Avenue, Fisher's Island, New York. The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Albert Stickney" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following eight conditions that are deemed necessary to alert prospective owners of the lots within the subdivision that they are in close proximity to Elizabeth Field, and that they may be subjected to noise resulting from airport activities and aircraft, and to help avoid pressures from these residents to close the airport or curtail its activities because of noise resulting from use of the facility, and for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Should Parcel 2 be sold to the owner of an adjacent parcel as proposed, the parcel shall then be incorporated into the adjacent owner's parcel so that the parcel will not exist as a single, substandard parcel. If the parcel is not sold as proposed it shall then be incorporated into one of the lots so that it will not exist as a single, substandard parcel. Clearing and grading within Parcel 2 shall be restricted to minimize stormwater runoff and to preserve existing vegetation. The alignment of Equestrian Avenue at Parcel 1 shall be improved by the use of large radius curves in place of the angular bends. This improvement will bring the alignment of the road up to modern standards and will enhance the streetscape. 5. All prospective owners of lots within this subdivision shall be advised that this subdivision is located within one mil~zabeth Field and, therefore, may be subjected to noise emanati~]f~m~'~._ facility and from aircraft flying overhead or nearby.~'"' "'~ '~ --'""-- Page -2- All residential structures that are erected ~ithin this subdivision shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recou~nendations of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of interior noise levels. Conditions 1-3, inclusive, and 5 and 6 shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitle4 to notice of such public hearing but their consent to such modification shall not be required. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. The Planning Commission has no record as to what action was taken on its report for the "Minor Subdivision - Briscoe Smith". Refer to Sectidn IX, E-3, on page 34 of the Informational Bulletin No. 9. Very truly yours, Arthur H. Kunz Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-86-13.1 CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) '/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 Stephen L. Ham III Matthews and Ham 45 Hampton Road Southampton, NY 11968 RE: Albert & Susan K. Stickney SCTM~ 1000-9-6-8.2 & 8.6 Dear Mr. Ham: The following resolution was adopted by the Southold Town Planning Board at & meeting held on Thursday, January 18, 1990. RESOLVED that Southold Town Planning Board set Tuesday, February 13, 1990 at 7:40 p.m. for a final public hearing on the maps dated September 21, 1989. This lot line change is located on Fishers Island. Very truly yours, Bennett Orlowskl, Jr. ~45 Chairman MS/bp ~ATTHEW$ & HAM ATTORNEYS AND COUNSELLORS AT LAW 45 H~PTON R0~D SOUT~ON, N.Y. ~968 516 - 283 - ~400 January 16, 1990 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spire Re: Lot Line Change for Albert and Susan K. stickney; (SCTM # 1000-9-6-8.2 and 8.6) Dear Melissa: I have prepared and enclosed the referenced lot line change. This Board's concern regarding the merger of the map of the proposed lot line change. another deed relating to deed should satisfy the lots 1 and 2 as shown on SLH: ja Enclosure Sincerely, Stephen L. Ham, III T,.\X MAP ESIGNA'FIOX ~t. 1000 ,~. 09. O0 ~. 006. 000 ,,{~1 p/o 008.002 CONSULT YOUR LAWYER BEFORE SIGNING 1,.$ INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~lND~made ~e dayof ,~neteenhundred ~d ninety BETW~-~N ALBERT STICKNEY III and SUSAN K. STICKNEY, his wife, both now residing at West Lane (no #), Route 2, Box 25 Pound Ridge New York 10576, ' ' partyofthefirstpaR, and SUSAN g. STICKNEY, now residing at West Lane Box 25, Pound Ridge, New York 10576, (no #), Route 2, party of the second part, WI'IT4F...%.q~'rH, that the party of the first part, in consideration of Ten and 00/100 ($10.00) ............................... dollars, lawful moneyofthe United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, .&[.I. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingand being ihxtlligx at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at an iron pipe on the Southeasterly line of Equestrian Avenue, said point being located 1480.29 feet North of a point which is 3402.62 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 43 degrees, 53 minutes and 45 seconds East 209.88 feet along said avenue line to a point; thence South 51 degrees, 33 minutes and 20 seconds East 201.38 feet to a point; thence South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to a point; thence North 68 degrees, 18 minutes and 27 seconds West 40.93 feet to a point; thence North 46 degrees, 06 minutes and 15 seconds West 180.00 feet to the iron pipe on the said Southeasterly line of Equestrian Avenue at the point of beginning. BEING AND INTENDED TO BE a part of the same premises conveyed to the party of the first part by deed, dated May 8, 1987, and recorded in the Office of the Suffolk County Clerk on June 15, 1987 in Liber 10324 page 32. The party of the second part acknowledges that, upon the recording of this deed in the Office of the Suffolk County Clerk, the above described parcel will merge with another parcel adjoining on the southwest now owned by the party of the second part so as to form one conforming parcel under the Southold Town Zoning Code, said other parcel adjoining on the southwest being bounded and described as follows: BEGINNING at a monument at an angle in Equestrian Avenue, said monument being the Southeasterly line of located 1431.89 feet North of a point which is 3449.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 22 degrees, 09 minutes and 55 seconds West 153.25 feet along said avenue line to a point; thence South 79 degrees, 28 minutes and 04 seconds East 215.44 feet to a point; thence North 33 degrees, 53 minutes and 45 seconds East 108.15 feet to a point; thence North 68 degrees 18 minutes 27 seconds West 40.93 feet to a point; thence North 46 degrees 06 minutes 15 seconds West 180.00 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence South 43 degrees, 53 minutes and 45 seconds West 67.17 feet along said avenue line to the monument at the point of beginning. TOGETI'{F.R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOC~TI-IER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO I'IOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. .~d,~D the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. Ai~D the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~'1'1'1~..~ ~01/]'IF_.IIEOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Albert Stickney III Susan K. Stickney STA~ OF NEW YOLK. COUNTY OF On the .day of 19 90,Wo~ per~nallycame Albert Stickney III and Susan K. Stickney to me known to be the individual a d~cribed in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the hoard of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK. COUNTT OF. mBt On the day of ~ 19 , befo[e ~ne personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the ~rne. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~'lllt COVENAN] AGAINS[ GRANIOR'$ ACI$ TITI E No. ALBERT STICKNEY III and SUSAN K. STICKNEY TO SUSAN K. STICKNEY SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of ~cor Title Guarantee Company R1BTUR.N BY MAIL TO: TICOR TITLE GUARANTEE Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Zip January 9, 1990 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Lot Line Change for Albert and Susan K. Stickney; (SCTM # 1000-9-6-8.2 and 8.6) Dear Melissa: I have prepared and enclosed the forms of Declaration and deeds the Stickneys and the Museum will record as a condition to approval of the referenced lot line change. Based upon prior discussions and correspondence, I envision that the map will be approved subject to recording the deeds and the Declaration within a specified time period after approval. Please review the enclosed the Town Attorney and then advise me are necessary. with the Planning Board and if any changes or additions Finally, please let me know what further changes, if any , must be made to the map prior to approval. SLH: ja Enclosures Sincerely, Stephen L. Ham, III DECLARATIO__~N 0 1990 DISTRICT 1000 SECTION BLOCK oo-UB-YU, ooo LOT 008.002 DECLARATION, made the HENRY L. FERGUSON MUSEUM, INC., and existing under and by virtue of the York, with its principal office at (the "Declarant,,). WITNESSETH: day of February, 1990, by the a charitable corporation organized laws of the State of New include and areas; and WHEREAS, Declarant is the owner in fee simple of a certain parcel of real estate situate at Fishers Island, Town of Southold, County of Suffolk and State of New York, as more particularly described on Schedule A hereto (the "Parcel"); and WHEREAS, the Parcel in its present and proposed state contains a significant natural habitat in which fish, wildlife or plant communities or similar ecosystems normally live and which Declarant desires and commits itself to conserve and protect; NOW, THEREFORE, Declarant does hereby declare that the Parcel shall be held in perpetuity subject to the following covenants and restrictions: 1. Declarant covenants and agrees that it shall maintain the Parcel for conservation purposes and shall not itself or permit others to use the Parcel for any purposes whatsoever which would be inconsistent with the preservation and protection of its natural habitat. The following activities shall be deemed to be WHEREAS, Declarant is a public charity whose purposes the conservation and protection of environmental systems inconsistent with such conservation purposes: (a) Erection of any buildings, billboards, commercial signs or other structures or improvements (except as set forth in this Declaration); (b) Filling, excavating, removing soil or sand or gravel or rocks or minerals, constructing site improvements or changing the topography of the Parcel in any manner which would be detrimental to or which could adversely affect the conservation purposes of this Declaration; (c) Toleration of vehicular traffic over the land other properties, motorcycles, detrimental than over roads and paths necessary for access to adjoining including, but not limited to, the use of snowmobiles, all-terrain or other off-road vehicles; and (d) Any other action, practice or use which could be to or which could adversely affect the preservation and protection of the natural habitat of the Parcel. Because a significant portion of the habitat Declarant desires to protect consists of open land which has been maintained as such, the cutting of trees or brush, mowing, cultivation or planting of the Parcel from time to time by Declarant or its agents shall not in and of itself be deemed to be inconsistent with the conservation purposes of this Declaration. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties shall not in and of themselves be deemed to be inconsistent with the conservation purpose of this Declaration. 2. This Declaration is not intended to permit or in any way give the public the right to enter upon or use the Parcel for any purpose whatsoever. 3. This Declaration shall run perpetuity and the terms hereof and herein contained shall apply to and successors and assigns of Declarant. 4. Declarant agrees that reference to and the date and the liber and page of recording with the land in the covenants and agreements be forever binding upon the this Declaration shall be made in any subsequent deed or other legal instrument by means conveys any interest in the Parcel. IN WITNESS WHEREOF, Declarant has Declaration on the day and year set forth below. of which it executed this Dated: February , 1990 HENRY L. FERGUSON MUSEUM, INC. By: STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: On the day 6f February, 1990, before me personally appeared , to me known, who being by me duly sworn, did depose and say that he resides at , that he is the of the Henry L. Ferguson Museum, Inc., the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporation. Notary Public SCHEDULE A To Declaration made by: Declaration dated: Henry L. Ferguson Museum, Inc. February , 1990 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30.14 feet along said avenue line to the monument at the point of beginning. TAX MAP ~SIGNATION ~. 1000 09.00 006.O00 (s): p/o 008.002 C:QNSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~ INDF..NT~RE, madethe day of ,nineteen hundred and ninety ALBERT STICKNEY III and SUSAN K. STICKNEY, his wife, now residing at West Lane (no #), Route 2, Box 25, Pound Ridge, New York 10576 party ofthe first part, and HENRY L. FERGUSON MUSEUM, party of the second part, %vrrNESS]~"TH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the pa~y of the second part, does hereby g~nt and release unto the party of the second part, the heirs or succ~$or~ and assigns of the party of the second part iorevcr, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~kill~x at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: Beginning at a monument on the Southeasterly line of Equestrian Avenue, said monument being located 1653.25 feet North of a point which is 3236.20 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 51 degrees, 33 minutes and 20 seconds East 105.00 feet to an iron pipe; thence North 43 degrees, 42 minutes and 40 seconds East 122.31 feet to a monument; thence North 43 degrees, 34 minutes and 00 seconds East 15.00 feet to a point; thence South 46 degrees, 26 minutes and 00 seconds East 90.00 feet to a point; thence North 89 degrees, 25 minutes and 18 seconds East 149.49 feet to a monument; thence South 26 degrees, 07 minutes ; and 55 seconds West 411.85 feet to an iron pipe; thence North 68 degrees, 18 minutes and 27 seconds West 225.34 feet to a point; thence North 39 degrees, 13 minutes and 50 seconds East 214.25 feet to a point; thence North 51 degrees, 33 minutes and 20 seconds West 201.38 feet to a point on the said Southeasterly line of Equestrian Avenue; thence North 43 degrees, 53 minutes and 45 seconds East 30o14 feet along said avenue line to the monument at the point of beginning. BEING AND INTENDED TO BE a part of the same premises conveyed to the party of the first part by deed, dated May 8, 1987, and recorded in the Office of the Suffolk County Clerk on June 15, 1987 in Liber 10342 page 32. TOGETHER with all right, title and interest, if any, of the party of the first part in and to auy streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same [or any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF_..qS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN pRF~ENCE 01~: Albert Stickney III Susan K. Stickney STATE OF NEW YORK, COUNTY OF ss: On the day of 19 9 0 ,~ore me personally came Albert Stickney III and Susan K. Stickney to me known to be the individual 8 described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE O1: NEW YORK, COUNTY O~ ss: On the day of 19 , before me personally came to me known to be the individnal described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom ! am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WI1H COVENANT AGAINST GRANTOR'S ACTS TITLE NO. ALBERT STICKNEY III and SUSAN K. STICKNEY TO HENRY L. FERGUSON MUSEUM TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Ticor Title Guarantee Company RI~TURN BY MAII. TO: Robert J. Miller, Esq. Day, Berry & Howard One Canterbury Green Stamford, CT 06901 Zip No. TAX MAP ~ESIGNATION hst. 1000 :~. 09.00 a. 006.000 or(s): p/o 008.002 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDF. J~I'URE, made the day of , nineteen hundred and ninety BETWEEN ALBERT STICKNEY III and SUSAN K. STICKNEY, his wife, now residing at West Lane (no #), Route 2, Box 25, Pound Ridge, New York 10576 pa~tyofthe first part, and SUSAN K. STICKNEY, now residing at West Lane (no #), Route 2, Box 25, Pound Ridge, New York 10576 party of the second part, WITNF.~ETH, that the party of the first part, in consideration of Ten Dollars and o. th? valuable consideration paid by the party of the second part, does hereby grant and release unto the party ot the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being i=st~c at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: Beginning at an iron pipe on the Southeasterly line of Equestrian Avenue, said point being located 1480.29 feet North of a point which is 3402.62 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 43 degrees, 53 minutes and 45 seconds East 209.88 feet along said avenue line to a point; thence South 51 degrees, 33 minutes and 20 seconds East 201.38 feet to a point; thence South 39 degrees, 13 minutes and 50 seconds West 214.25 feet to a point; thence North 68 degrees, 18 minutes and 27 seconds West 40.93 feet to a point; thence North 46 degrees, 06 minutes and 15 seconds West 180.00 feet to the iron pipe on the said Southeasterly line of Equestrian Avenue at the point of beginning. BEING AND INTENDED TO BE a part of the same premises conveyed to the party of the/ first part by deed, dated May 8, 1987, and recorded in the Office of the Suffolk County Clerk on June 15, 1987 in Liber 10342 page 32. TOGETI-IER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party oi~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~rl-Yl~'~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRE~ENCE OF: Albert Stickney III Susan K. Stickney STATE OF NEW YORK, COUNTY OF ss: On the day of 19 90 , before me persona~y came Albert Stickney III and Susan K. Stickney, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Publio STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. ~TATE OF NEW YORK, COUNTY On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. iTATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me )ersonally came the subscribing witness to the foregoing instrument, with whom ! am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~atgain anl~ ~ale ~etb WYI N COVENANT AGAINST GRANTOR'S Acls TITLE NO. ALBERT STICKNEY III and SUSAN K. STICKNEY TO SUSAN K. STICKNEY SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request o~ 'ncor Title Guarantee Company RETURN BY MAIL TO: TICOR TITLE GUARANTEE Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, NY 11968 Zip No. CO[~TY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York Dear Mr. Orlowski: January 5, ARTHUR H. KUNZ DIR£CTOR OF PLANNING 1990 11971 ~.~ ~. ~ · Re: Minor Subdivision - Albert Stfckney Southeasterly side of Equestrian Avenue 362.84 feet northeasterly from Ocean View Avenue, Fisher's Island, New York. The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, '~inor Subdivision - Albert Stickney" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following eight conditions that are deemed necessary to alert prospective owners of the lots within the subdivision that they are in close proximity to Elizabeth Field, and that they may be subjected to noise resulting from airport activities and aircraft, and to help avoid pressures from these residents to close the airport or curtail its activities because of noise resulting from use of the facility, and for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Should Parcel 2 be sold to the owner of an adjacent parcel as proposed, the parcel shall then be incorporated into the adjacent owner's parcel $o that the parcel will not exist as a single, substandard parcel. If the parcel is not sold as proposed it shall then be incorporated into one of the lots so that it will not exist as a single, substandard parcel. Clearing and grading within Parcel 2 shall be restricted to minimize stormwater runoff and to preserve existing vegetation. The alignment of Equestrian Avenue at Parcel 1 shall be improved by the use of large radius curves in place of the angular bends. This improvement will bring the alignment of the road up to modern standards and will enhance the streetscape. 5. All prospective owners of lots within this subdivision shall advised that this subdivision is located within one mt_l~beth facility and from aircraft flying overhead or nearby. ~j~; HAUPPAUGE, L.I- NEW YORK 117E8 ' ~-~!¥ Page -2- 6. All residential structures that are erected within this subdivision shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recommendations of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of interior noise levels. Conditions 1-3, inclusive, and 5 and 6 shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. The Planning Commission has no record as to what action was taken on its report for the "Minor Subdivision - Briscoe Smith". Refer to Section IX, E-3, on page 34 of the Informational Bulletin No. 9. Very truly yours, Arthur H. Kunz Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-86-13.1 CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - .41~e~ 54{~%,e~ S.C.D.P.W. Topo No.: S.C. Tax Map No.: /ooo - Major sub. Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: Plat (3 copiesl ~ Road Profiles (1) Drainage Plans (1) Topogroaphical MaD (1) Site Plan (1) __. Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project 2. is an ~nliste~ (Type I) (Type II) Action· A~gative Declaratio_~(Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board· E.I.S. statement enclosed. (yes) (n~_~ The proposed division h~_s received approval from the S.C. Dept. of Health. (Yes ~ We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. jt revised: 3/8/89 Very truly yours, BENNETT ORLOWSKI , JR. CHAIRMAN ~ ~ATTHEWS & HAI~ ATTORNEYS AND COUNSELLORS AT LAW 45 HA/~PTON ROAD SOUTH~J/PTON, N.Y. 11968 516-283-2400 ~OUTHOtD ~'OWN PLANNING,,BOA.~ December 11, 1989 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Lot Line Change for Albert and Susan K. Stickney; SCTM # 1000-9-6-8.2 & 8.6 Dear Melissa: In accordance with the Board's request, I have obtained and enclosed eight prints of the referenced lot line change which now show correct tax map numbers and a tie line to the nearest street. Please forward the necessary number of copies to the Suffolk County Planning Commission so that it may proceed with its review. Sincerely, Stephen L. Ham, III SLH: ja Enclosures P.S. You should probably correct your records which reflect the old tax map numbers for these parcels. Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 12/05/89 Stephen L. Ham, III Matthew & Ham 45 Hampton Road Southampton, NY 11868 RE: Susan K. & Albert Stickney SCTM #1000-9-6-5.3 & 6.1 Dear Mr. Ham: Enclosed please find the report from the Suffolk County Planning Commission, dated Noven%ber 29, 1989 for the above mentioned subdivision. The Planning Board accepts this report and asks that you comply with it. If you have any questions, please do not hesitate to contact this office. ~ truly yours, BENNETT ORLOWSKI , JR. CHAIRMAN enc. ~,--~ ~ [~ ~ ~ ~ il COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUN~ EXECUTIVE DEPARTMENT OF PLANNING (516) 360-5207 ARTHUR H. KUNZ DIRECTOR OF PLANNING November 29, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary.__ Final X Plat Name: Minor Subdivision - Susan K. & Albert Stickney Location: Equestrian Avenue, Fishers Island, New York Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: Tie distance to nearest street Correct Tax parcel identifier numbers Very truly yours, Arthur H. Kunz Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-D-89-174 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 9 for complete referral requiremente. Iown Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - S.C.D.P.W. Topo No.: S.C. Tax Map No.: IOOO - Major Sub. Minor Sub. MATERIAL SUBMITTED: Site Plan Cluster ~-l&~ Plat (3 copies) Road Profiles Drainage Plans (1) Topogroaphical Map (1) (1) Site Plan (1) __ Grading Plan (1) Other materials (specify and give number of. cop~ies) Requirements - See attached sheet X Waiver of Subdivision CONTINUED REFERRAL CRITERIA: SEQRA STATUS: project is an (~nlisted~ (Type I) (Type II) Action. 1. The 2. A(~gativ~ Declaration)~(Positive Declaration) (Dete~m.-of Non-SignifiCance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (yes) ~ 4. The proposed division has received approval from the S.C. '' Dept. of Health. (Yes) ~No~ We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. jt revised: 3/8/89 Very truly yours, Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1989 Stephen L. Ha/n, III Matthew & Ham 45 Hampton Road Southampton, NY 11868 RE: Albert Stickney SCTM 91000-9-6-5.3 & 6 Dear Mr. Ham: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. If you have any questions, please do not hesitate to contact this office. -" Very truly yours,' Bennett Orlowski, Jr. Chairman enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECLARATION DATE: November 20, 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION: Albert Stickney- Lot Line Change SEQR STATUS: Type I Unlisted CONDITIONED NEGATIVE DECLARATION: YES NO DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to change the lot line on a 3.82 acre parcel located at Fishers Island. SCTM #1000-9-6-5.3,6.1. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. ~ Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no co~ents or objections from that agency. Further information can be obtained by contacting Melissa Spiro, Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1989 Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, NY 11868 RE: Albert Stickney SCTM ~1000-9-6-5.3&6 Dear Mr. Ham: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. If you have any questions, please do not hesitate to contact this office. enc. jt Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 198 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of t~e proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: SEQ~ Classification: [ ] ~e I  ] Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: [~ This agency wishes to assume lead agency status for this action. [¢] This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments.- ~ Please feel free to contact this office for further information. BENN~'i'T ORLOWSKI, JR. CHAIRMAN cc: _Board of Appeals _Board of Trustees _Building Department Southold Town Board ~uffolk County Dept. of Health Services ~NYSDEC- Stony Brook _NYSDEC- Albany _S.C. Dept. of Public Works _U.S. Army Cord of Engineers _N.Y.S. Dept. of Transportation * Maps are enclosed for your review _ Coordinating agencies STEPHEN L. H~a. ~ ~ATTHEWS ~ I~A~I 45 H~PTON RO~ September 25, 1989 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Lot Line Change for Albert and Susan K. Stickney; SCTM No. 1000-9-6-5.3 & 6 Dear Melissa: Enclosed are eight prints of a revised map relating to the referenced lot line change. Added to the map is the language requested by the Planning Board regarding the restrictions to be imposed on Parcel 3. I will be preparing drafts of deeds and a declaration of covenants and restrictions for your review and I will provide you with another letter outlining our agreement to have those documents recorded immediately upon final approval. In the meantime, if there is anything further that you need before the review process can be resumed, please let me know immediately. Sincerely, Stephen L. Ham, III SLH:ja Enclosures PmI.1P B. MaTXltEWS S~zI,tlg~ L.H~, 11I /V[ATTHEWS & I{At~ ATTORNEYS Ai~D COUNSELLORS AI LAW 516 - 283 ' 2400 July 27, 1989 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Lot Line Change for Susan K. and Albert Stickney SCTM # 1000-9-6-5.3 & 6 Dear Board Members: To address the concerns expressed in your letter of April 12, in my subsequent conference with your staff, and in further conversations between Mr. Stickney and Mr. Edwards and me and Melissa Spiro, Mr. and Mrs. Stickney propose to amend their application as set forth below. The proposed new lot lines as reflected on the map submitted will remain the same. Accordingly, Parcel 2 will be transferred from Susan K. and Albert Stickney to the improved parcel (Parcel 1) now owned by Susan K. Stickney; and Parcel 3, now owned by Susan K. and Albert Stickney, will have the same size and configuration. However, as part of their application, the stickneys will submit a deed to Parcel 3, in recordable form, together with any ancillary documents required for recording and the recording fees, conveying Parcel 3 to the Henry L. Ferguson Museum. The Stickneys will also submit a Declaration of the Henry L. Ferguson Museum, in recordable form, containing such covenants as you may reasonably request in order to restrict its use to purposes consistent with those of a nature conservancy. A title certification will be submitted if necessary. I trust that the foregoing proposal will meet with your approval. It clearly furthers the purposes and intent of the Zoning Ordinance by increasing to conformity the area of a non- conforming parcel (Parcel 1). Furthermore, it eases density in this area by reducing from two to one the number of single-family dwellings that can be built on the entire property. Moreover, because you can immediately record the deed and the Declaration, any concerns about approving a lot that would otherwise require variances for building would be alleviated. Continued. Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, N.Y. 11968 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 1989 RE: Lot Line Change for Susan K. & Albert Stickney SCTMg1000-9-6-5.3 & 6 Dear Mr. Ham: The Planning Board reviewed the above mentioned proposal and had the following comments. The lot line change must be treated as an amendment to the approved Minor Subdivision of Briscoe Smith (SCTM9 1000-9-6-5,8). The map submitted for the lot line proposal must show the boundaries of the previous subdivision. The map submitted locates the line of wetland flags, however, the boundary of this line is not clear. Revised maps must clearly delineate the wetland and upland areas. The upland area for Parcel 3 must be at least 2 acres as per Section 100-239 of the Town Code. A seventy-five (75) foot setback from the wetland is required. The map as submitted locates the dwelling addition sixty-eight (68) feet from the wetland line. The lot line change as submitted involves changing the building envelope of Parcel 3 from the previously approved subdivision. The proposed building envelope for Parcel ~3 requires access which will be within seventy-five (75) feet of the wetland. Revised maps must show access to the building envelope of Parcel 3 outside of the seventy-five (75) foot setback from the wetland. Upon submission of revised maps reflecting the above, the Planning Board will proceed with their review and will start the coordination process to determine lead agency and environmental significance. Very truly yours, _ .~ ~ B~E~ ORLOWSKI, JR. : CHAI~ STEPHEN L. H~a~, ~ ATTORNEYS AND COUNSELLORS AT LAW 45 ~AMPTON ROAD SOUTHA~iPTON, N.Y. 11968 516- 283 - 2400 FAX: 516-287-1076 ] LIj DECI9FJ88 IL I SOUTHOLD TOWN [,. PLANNING BOARD December 16, 1988 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Lot Line Change for Susan K. and Albert Stickne¥ Dear Sirs: In connection with the referenced application for a lot line change, I have enclosed the following: 1. Copy of letter from the Southold Town Building Department indicating that, for purposes of the lot line change, application to the Planning Board is all that is necessary. (This letter was in response to a request for advice as to whether Zoning Board action was required for this matter.) change. 2. Notarized letter from the owners approving of the 3. Affidavit of the owners as to merger. 4. Declaration of Covenants and Restrictions (recorded in Liber 10312 cp 72) and excerpts containing covenants and restrictions recorded in Liber 221 cp 426, Liber 246 cp 322, Liber 246 cp 318, Liber 269 cp 266, and Liber 2136 cp 526. 5. Form letter regarding drainage, roads, etc. 6. Short Environmental Assessment Form, Part I. 7. Application for Approval of Plat, together property descriptions. $50.00. with 8. Our check to the Town of Southold in the amount of Continued. Planning Board Town of Southold Page 2 December 16, 1988 9. Questionnaire, together with copy of the Certificate of Occupancy covering the dwelling shown on the survey. 10. Eight prints of the survey showing the existing and proposed lots. Please review the enclosed documents and notify me immediately if any further information or documentation will be required before this matter can be placed on the calendar. Very truly yours, Stephen L. Ham, III SLH: ja Enclosures November ~ , 1988 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Lot Line Change for Susan K. and Albert Stickney Gentlemen: We are the owners of two parcels of real estate situate at Equestrian Avenue, Fishers Island, New York (SCTM #'s 1000-9- 6-8.2 & 8.6). We have applied to you for a lot line change relating to these parcels. PleaSe be advised that we approve of this change. The reasons for the change are to render a pre-existing nonconforming parcel (Parcel 1 on the map submitted) conforming without causing the conforming parcel (Parcels 2 and 3 on the map submitted) to be rendered nonconforming under current zoning. By adding to the area of the currently nonconforming parcel, we hope to have sufficient space to construct an addition to the existing dwelling on that parcel. STATE OF NEW YORK ) COUNTY OF L'.~e ) SS. : Very truly yours, Albert Stick~ey Stickney On the ~ day of November, 1988, before me personally came Albert Stickney and Susan K. Stickney, to me ~own to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. ~_L~N~ ~%Not~ry Public OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 October 18, 1988 Stephen L. Ham, III, Atty Matthews & Ham, Attys 45 Hampton Road Southampton, New York 11968 Dear Mr. Ham: I am responding to your correspondence with reference to Albert and Susan Stickney. The proposal is simply to change lot lines and not create any new lots. In so doing, you are upgrading the area and a request to Planning Board for a lot line change is all that is necessary. An addition to the existing dwelling would require action by Southold Town Trustees and the disapproval is attached to begin to resolve that condition. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Victor Lessard, Principal Building inspector VL:gar cc to: Planning Board Trustees Dept. STATE OF NEW YORK ) ss.: c0 .TY oF AFFIDAVIT ALBERT STICKNEY and SUSAN K. STICKNEY, being duly sworn, depose and say: 1. Susan K. Stickney is the owner of Parcel 1 and Albert Stickney and Susan K. Stickney are the joint owners of Parcels 2 and 3 as shown on a certain map prepared by Chandler, Palmer & King and submitted to the Planning Board of the Town of Southold in connection with an application for a lot line change. The subject property is located at Fishers Island, New York, and bears Suffolk County Tax Map numbers 1000-9-6-8.2 and 8.6. 2. The proposed lot line change will be effected by the transfer of Parcel 2 as shown on such map from Albert and Susan K. Stickney to Susan K. Stickney. 3. We hereby acknowledge and agree that, upon approval of the lot line change and upon the property transfer described above, Parcels 1 and 2 as form one conforming lot. 4. We make this ii Planning Board of the Town !!the proposed lot line change Ii therefor. ISubscrlbed and Sworn to iBefore Me this day of November, 1988 shown on such map will merge so as to affidavit in order to induce the of Southold to grant its approval to in accordance with our application Albert SticKney Susan K. Stickney ~ Notary Public Record arcl return to: Je~es J. Finnegan, l~.qq. Milbank, Tweed, I(~ley & McCloy One Chase Manhattan Plaza New York, New York 10005 DECLARATION OF COVENANTS AND RESTRICTIONS WHEREAS, Briscoe R. Smith, having an address at One Chase Manhattan Plaza, New York, New York, Nancy W. Smith, Executrix of the Estate of Theodore H. Smith, III, deceased, having an address at 50 Greenleaf Road, Darien, Connecticut, Norman D. Carter, having an address at Kingwood Road, Poughkeepsie, New York, and Mary Blanchard, having an address at 35481 Beach Road, Capistrano Beach, California (the "fLe=9=_93ff]1~r~"), jointly own certain real property % located between Equestrian Avenue, Heathulie Avenue and Ocean View Avenue, in Fishers Island,'New York, more particularly described in ~ hereto (the "~eal WHEREAS, the fee owners plan to subdivide the Real Property into four lots (Lot 1, Lot 2, Lot 3 and Lot 4) as shown on a certain Minor subdivision Plan Made For Briscoe Smith by Chandler Palmer & King, Norwich, Connecticut, dated March 14, 1986, as revised through the date hereof (the "Plan"); and WHEREAS, the fee owners desire to establish certain covenants, restrictions and conditions applicable to each of the lots. NOW THEREFORE, the fee owners hereby make the following declarations as to covenants, restrictions and conditions with respect to the Real Property and each of the lots: (iii) (i) The lot lines shall not be changed from that shown on the Plan unless authorized by the Town of Southold Planning Board. (ii) Should the parcel consisting of approximately 7,981 square feet, located in the northwest portion of Lot 2, be sold to the owner of the adjacent parcel (now or formerly owned by Susan K. Stickney), such parcel shall then be' incorporated by the owner of the adjacent parcel into the adjacent parcel so that such parcel shall not exist as a single substandard parcel. ~. Clearing and grading within each of the lots shall be limited to that necessary for the siting and construction of a house and the owner of each lot shall use reasonable efforts to preserve natural vegetation. (iv) No lot shall be further subdivided. (v) Erosion and sediment control measures shall be used during and immediately after construction on Lot 2 and Lot 3 to minimize stormwater runoff and erosion into the adjoining road. (vi) Prospective owners of the lots are hereby notified that the lots are located within one mile of Elizabeth Field Airport and may be subjected to noise emanating from such facility and from aircraft flying overhead or nearby. IN WITNESS WHEREOF, the undersigned have executed this declaration as of ~^4A ~.., 1987. Briscoe R. Smith Nancy W. Sk~lth, Executri of the Estate of Theodore H. Smith, II1 Norman D. Carter ~..~. ~/~J" Mary ~la~_chard, by Norma~ D. Carter, attorney in fact STATE OF NEW YORK ) Co%~NTY OF ~4,.~ "~u.,,~) On the Z_L day of~=[, 1987, before me personally came Briscoe R. Smith, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. (:iA~ LOGU~ ?OGH~ M~ 31-447~03 STATE OE ~-~- ) COUNTY OE ~.--:-~a~.. ) On the~_L day of ~-~,, 1987, before me personally came Nancy W. Smith, Executrix of the Estate of Theodore H. Smith, III, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public, St~te of N~W Yolk Ho. 41-4776708 Quatified in Queens countY Commission Expires STATE O~ NEW YO~ ) CO~O~'~ ss: On the~ day o~ 1987, before me personally came Norman D. Carter, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. y'Pdbli~/ OLGA M. CARMEl: Notary Public, State of New York Qumif!ed ;n Outchess County Commission. Expires June 30, 19..~J STATE OF ~EW YORK ) COUNTY OF~ On the~ day o 1987, before me personally came Norman D. Carter, to me known to be the attorney in fact of Mary Blanchard, the individual described in and who by her said attorney in fact executed the foregoing instrument, and duly acknowledged before me that he executed the same aa the act and deed of Mary Blanchard therein described, and for the purpose therein mentioned, by virtues, of a power of attorney duly executed by said Mary Blanchard dated April 28, 1986, and intended to be recorded in the office of the Clerk of the County of Suffolk simultaneously herewith. No,fy Public ~' O[~A M. CARM£L Notary PubliC, State of New York Qualified ~n Outchess County Commls~on E. xpir~ June 30, E__XHIBIT A (Lot ALL that certain plot, piece or parcel of land, situate, lying and being at ~ishers xsland, £n ~he ~own of Southold, County of Suffolk and State o£ New ¥ork~ bounded and desc~£bed as follows~ BEGINNING at a ~oint on the westerly side of Ocea~ View Avenue, distant North 863.62 feet and West 2,876.42 feet from U.S. coast and geodetic survey t~iangulati~n st~tio~ "P=os# and being where the northerly side of lanes now or =ormeAy oK Helen P. McKown and from said point of beginning! RUNNING THENCE along last mentioned land the following two courses and distances~ 1. North 62 degrees 16 minutes 4Q seconds West, 210.40 feetl 2. North 82 degrees 47 minutes 10 seconds West, 246.21 feet to a point: THENCE North 46 degrees 45 minutes 19 seconds East, 386.32 feet to a point: THENCE South 71 degrees 38 minutes 43 seconds East, 430.09 feet to the westerly side of Ocean View Avenue~ THENCE South 45 degrees 07 minutes 20 seconds West, along the wester side of Ocean View Avenue, 365.66 feet to the point or place of BEGINNING. (Lot 2) ,~r.n th~. cert:ain plot., piece, or piroel of land, situai:e, lying and being Fishers Island, in ~he Town of Shelt~ Island, County of Suffolk, State of New York, boundm~ an~ ds~ribe~ al followel BEG~IKN~ING at a point on the northerly side of Ocean View Avenue, distant North 863.36 feet and Welt 3492.5S feet from U.S. Coast and Geodetic Surve~ Triangulation Station "Pros" and being where the westerly side of lands no~ or formerly of Helen P. McKown, intersects northerly side of Ocean View and from said point of beginning~ RUNNING THENCE Westerly along the northerly side of Ocean View Avenue North 58 degrees 56 minutes 00 seconds West, 97.84 feet to lan~ now or formerly of Joan W. McCalll THEN(IE along last mentioned lan~ the following two courses and distances= 1. North 34 degrees 00 minutes 00 .seconds East, 142.00 feetl 2. North 45 degrees 44 minutes 00 seconds West, 140.48 feet to the easterly side of Equestrian Avenuel'~.- THENCE Northerly along the easterly side of Equestrian Avenue, two courses and dis~ancq.es. 1. North 40 degrees ~6 minut~e 50 seconds East, 73.60 feet~ 2. North 22 degrees 09 minutes 55 seconds East, 112.70 feet~ the followi~ THENCE South 79 degrees 28 minutes 04 seconds East, 215.44 feet to a point THENCE THE.NC~. North 33 degrees 53 minutes 45 seconds East, 108.15 feet to a point South 68 degrees 18 minutes' 27 ~seconds East 225.34 feet to a point; THENC2 South 46 degrees 45 minutes. 19 seconds West, 3S6.32 feet to land or fc_-r_erly of Helen P. 5l¢Kown aforesai~ T.~_.~=' .... -- ~.-,~.-h 25 de.grass 24 minutes ~O. seconds %~es~ ~!cng last mention~ 156.7' feet to th..e~.-~ortherly side cf C=ean view Avenue; T~::iL ~Torth 83 degrees. 56 minutes O.0 seconds West along the northerly of £raan '.'Sew Avenue 119.05 feet a:.th~'?oint or place of BEG!NNIi~G. (Lot 2 cont.) TOGETHER WITH that certain parcel consisting of approximately 7,981 square feet more particularly described as follows~ BEGINNING at in iron pipe on ~h~ easterly side of zques rian Avenue rheas ~he southerly line of land never formerly of Susan X. Stickney lntersec~ said eastezl¥ side of Z~es~ziinAvenue; . R~IMG T~qCB SouZA 79 degrees 28 minutes 04 seconds ~ae~ along last nan~ioned lard 176.39 feet ~o in i~on pipej TH~%qCE North 33 degas8 $3 minu~8 45 seconds East still along last menti land 95.00 feet to in iron pipe~ T~¢E Sou~h 68 degrees 18 mAnutos27 ~e~ond~a~t 40.93 THENCE Sou~h 33 degrees S3 minute 4S seconds West 108.1S feet; THENCE N0r~ 79 degrees 28 minute 04 seconds West 215.44 feet to the easterly side of E~uea~rian Ave~uo~ TH~Z~CE North 22 degrees 09 minu~aa 5S seconds East along the easterly sid Equestrian Avenue 20.42 feat ~o ~he iro~ pipe at the point or piece of BEGINNING. (Lot 3) ALL that certain plot, piece or parcel of lan~, situate, lying and being at Fishers Islan~l, Town of Sou~hold, County of Suffolk, State of Ney York, boun~od an~ describo~ as follows: distant Ns.rrb 1,653..25. Ceec._a~__nta_~_~.v "Pros, and being where ~ou~hwes~ly o~ ~a~s now o~ ~o~mu~ ~- -~.-- ..... 3~er, ~ia-east~lY of ~ues~ian Argue a~ from sale poxn: oz beginning; RUNNING THENCE easterly and northerly along last mentione~l land the following twn courses and distancess 1. Sou~.h 51 degrees 33 rain,ires.20' seconds Bast, 10S. O0 and 2. North 43 deg~ee. 42 minut~ 40 s~o~s Ea.~ a~ land.no~ o~ fo~ec~ of ~owlan~ ~ld~a~.~s_wi~e, fee~ ~o ~anG now or form~ly of Willi~ J. Hi}~i~ .~.P~C. T~NCE along las~ men~ion~ ~an~e: fo~owinv ~ corses and 1. South 46 degrees-26 ~nu~e~L~.seconas Eas~, 90.00 feet and 2. North 89 degrees .~5 ~u~'~-.seCO~a Zas~, ~49.49 fee~ to a point: THENCE South 26' degrees 07 minutes 55 seconds West,.411.85 feet .Jo a point: THENCE North-;~G-~egr~s 18 minutes '29- ~econds West/i 266.27 fee~. ..... N.E NO de~r~e~ 6 minu=es 15 ~=cnds West, i~0 ?~ ~he ea~? THENCE NO~3 degrmam 53 minu=e~ 45-~econ~s East, along the eas~er!y si~e of Equez=rian Avenue, 2~C-.02 feet to the point or place of 5E~I~t~!NG. ' "' (Lot 4) ALL that certain plot, piece or parcel of lend, situate, lying being at Fishers Xsland, Town of Southold, bounded and described as follows: BEGINNING at a point on the westerly side of Heathulie Avenue, said point being North 1470.8 feet and Westerly 2551.40 feet from the U.S. coast and geodetic survey triangulation station 'Pros' and also being where the southerly of land now or formely of Sandra C. Gamber, said westerly of Heathulie Avenue an4 from said point beginning! RUNNING THENCE South 26 degrees 06 minutes 20 seconds East along the westerly side of Heathnlie Avenue, 107.50 feet to the northerly side of Ocean View Avenue; \ THENCE along the northerly and 'w~rly sides of Ocean 'VieW Avenue th following two courses an~ 1. Sou~h 58 degrees 04 minutes 40 seconds West, 10S.8? feets 2. South 06 degrees 06 m/nurse 30 second4 West 195.45 gsat: THENCE North 71 degrees 38 ml~ut~43, se~onds West, 430.09 feet to a THENCE North 26 degrees 07 minute~...5~' seconds East, 411.85 feet to a point and land now or f¢,;m, ely of. S~tra C. Gamber aforesaid; THENCE along last menti0neg land, the following 3 courses and distances:. Sedth-28 degrees 5'~. , ~=tes. 00 seconds. East,. . . 109;44 feet; ~_u.h 2~ degrees 5~%minutes 00 seconds-East, !15,9t feet; and ~. ::c~: ees !~ ~nq'tes 00 secOn.!a.t~st; 187.97 feet to the ~'esuer.y HeathH!i~-Ag~ue at th~ bo!nt or .place-of BEGIi<Xii~5 Resfr;cfive covenants, condillons, eosemenfs, or leases of record, if ony, ere set forlh b"6'T~.'---' ..... 1 Covenants as in Llber 2~-6 of Deeds, pa~e 322 266 And it is hereby c~venanted and agreed by the party of the sec~d part 'for his heirs and assigns and this convoym~co is mmde upon -':?' the e~res~ condition that ~1 such fenc~g as shall be desired ~?~"' :,. ',. or re~lred for the p~oper encloses of th~ pre~ses hereby "~'{ ~' :;~conve~ed e~ll be done by the p~ty of the second p~,t~ his ;~?'-".'. 'hei~'or assize ~d no p~t of the e~ense thereof sh~l be '- c~rgeable to or bo~e by s~d party of the first p~t. -~ ~d the s~d party of ~e second p~t for ~ud in consideration :..:..'of the convey~ce o~ the above mentioned ~d described 1~ -' .~". ~ p~ses ~de by these p~ments hath coven~tcd ~d ag~cd ;' ~ by these presents doth for ~s heirs ~d assize o~ ',~'~.~ or ha~ at ~y ~tu~ t~e ~ estate ri~t, title or interest i~'.. ~ ~d to the above desc~bed l~ds ~d pro~ses or ~ part' :' thereof, coven~t ~d ~ee to ~d ~i~h the ~d pa~ty of the :'"' f~mt p~, ~s successors ~d ~sl~s that there sh~l not '--:/' ". be e~cted or allowed $o be .erected o~ c~!ed on, on the :~ pr~ses hereby conveyed or on ~uy of the m~e ~y '~:' ". distllle~, slaughter house or soap, c~dle, oil, .st~ch, ,.;' .' v~, ~triol, glue, ink o~ t~entine factory or facto~ for ~ng, dressi~ or prep~i~ s~ns, hides ...? .. :leather or ~y sugae b~e~y o~ ~y other dm~er~as nor~o~s om offensive emt~lis~ent ov .business'whatever, ~d tha~ no '~ .... .' p~ of the l~d he~y conveyed mh~l be used or occu~d for · ~'~. "~ch p~ose o~ p~bsos, ~ that the covenants ~d ~oments ~ .... '3he~ c~ainod on ~e pa~ o~ the said p~y of the second -.~ . !' p~, his heirs ~d assize sh~l ~ with the lm~d ~d sh~ll ~. ~...~: be Obllgato~ on eve~ person ~d pers~us corporation ~d .' ~...:' tolerative ot~ the s~me om having ~y estate, ri~t, ;. title or interest therein that would enable them or 'any of -.-~ them or either of them to violate any of the eaid covenants or agreements, Tit'.e 'No. ' ' ~ I i 12'35741 · P. estricfivo covenants, ¢onCnhons, easements., or leases o[ racom, ~t o~¥, ora so:' {or'ch beloW. : : ":."';:'S ;d':D ?,~S~RiCTiC~S ,C~C~e~ce 2. Cco~ (' ~ecordeo l~/~t'l .. .--'7.-. · Linus Foyla, '' ~ ..... ' '~" -' ~an~ and agree his ox;~ cos~ ~nc e-.P~s ' . .... She · ~ '-~ bo e ec;e ~ ' .... ~e or soaP, .... .~&. facuorY, u .... ...... ' , ' " ~et fo~h below. Restrict ye covenants conalrlons, eesemen:s, or leoses cz record, ~ ~ny, ere . ' CO~NANTS A~ R~S~R!CT~O,,~ in cee~ u ..... ~ · virtue of ~ruc'c deed dated and by and wife and r'ecorded in the Office of Suffolk in Libe~ Gfl of deeds o-aSe. 42~,. Henr~ Bm,~ers dated 11/15/183~ recorded cp 206. '. 5/3/!$7~ uude by Henry H. Parker · ~c~.c of the Coun~ o£ ' te Oeorse H. Bartlett and .;., 11/20/1882 in L~ber 269 .. A}TD the said par~ies of the second :;ars for a:-.c '.n consideration of the conveyeance of the above monzlo'.:=d and described lands and pre-. . , .. ~o ...... n~a and agreed and by mises made by ~hese Shese presents do fop ~' ..... lv-.~ :-' '~' ~'~'~- assigns, owning / .... , ..... c '~ ~.'ht title or ,an~ or having at any future '-~,~ ~"~-' interestof, in and zo the above c~c._~d lands oremzses or any part thereof, covenants ~,.~ ~ ...... ~,~ the said party of the first oart hsi successorz ~'~'~ ~Cns ~t the~e shall not be erected or allm.~ed 'co be crec'ced or carried on, on the premises nereoy conveyed or dny oarz of tke ..... -o ..... ;- ....... er~ distillery, slaughter house or soap, ca~;~ie, o~a, s~rcn, v~rnisn, vitriol, glue, ink or turpentine factory or an~7 factory for tanning, dressing or perparin3 of ~';~ --,--., :eazn.~r cr ~n~ ~""~'~ bakery, r.o,._o.~, of ~__~o~ ..... ~ ~'-'~=" or business or any o~her dangerous, ....... - ..... ' ....... =~na '-~.'~'-'k'~ conveyed shall be used %~hatever and ~hat no-oar~ of ~he '"' ' or occupied for any such ,purpose or p:~:.~=cs and uha~ the covenants -and agreements herein ccncalned on the pat': c:' ~he said par~ies of the second~a.~ ~"~, their heirs ,..a~ ~ ..... - -.,." ~..,-."~- ~n,~z_-' - ' ' rt~n ,,_~n zhe lands, and shall bo corporations o.1.~-..o tho s~..~e, , ~ ....~ csJa~e ~-~ ...... ~ ~sr~emen~s o~them to violate ~ny of zhe ~i~ covenants ~ .... November I , 1988 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Lot Line Susan K. Change for and Albert Stickney The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral Go the Suffolk County Planning Commission: (1) No grading, residential other than foundation building is proposed. excavation for a 2) No new roads ~re 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, Albert ,Stickney SuSan K. Stickney ~Y~RD Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARI; Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following, questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are there any wetland grasses on this parcel? Yes ~'"~'~ '~,~ (Attached is a list-o.f the wetland grasses defined -- by the ~wn Code, Chapter 97, for your reference) 2. Are there any other premises under your Ownership abutting this parcel? Yes ~ 3. Are there any building permits pending on this parcel? . . Yes Q 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) Yes 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes 6. Was this property the subject of any prior application to the Planning Board? Ye~ess~ 7. Does this property have a valid certificate of occupancy, if yes please submit a copy of same ~ ® No I certify that.the above stanemen~s are true and will ~ re on by the Planning Board i~ cons.~ - ~-. lied . ~? .~e~ng ~n~s appl'ication. · ~ ~r au~Qorize~.~gent date Albert Stickney / Susan K. St~ckney[/ Attachment to questionnaire for~'the Planning Board STATE OF NEW YORK, COUNTY OF ~RR, ss: On the ~ ~ day of November 1988 , __, before me personally cameAlbert Stickney &Susan K.StickneY~o me known to be the individua~ described in and who executed the foregoing instrumen~ and acknowledged that ~hey executed the same. Notar~ ~ Public TO\VN OF 'SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN H-iLL SOUTHOLD, NEW YORK CERTLFICATE OF OCCUPANCY NONCONFOR]~IING PREMISES THIS IS TO CERTIFY that the / / Building(s) /-' Useis) Pre C.O. #- Z14042 Date- December 2, located at SE/side Equestrian Avenue, Fishers Island 1985 Street Hamlet shown on County tax map as District 1000, Section 9 , Block 6 Lot 6.1 , does.~not)conform to the present Building Zone Code of the To%wn of Southold for the following reasons: Insufficient total area. On the basis of information presented to the Building InspectQr's Office, it has been determined that the above nonconforming /~._X! Land /i/Building(s) /i/Use(s) existed on the effective date the present Building Zone Code of the Tovm of Southo!d, and may be continued pursuant to and subject to %he appli- cable provisions of said .Code. IT IS FURTHER CERT!FZED that, based upon information presented to the Building Inspector,S'office, th.e occupancy and use for which this Certifi- Property contains a one ~ -~ story, one cate is issued is as follows: family, wood framed dwelling with a wall near driveway entrance and an accessory planter. Prooerty situated in the A-Residential-Agricultural zone with access to Equestrian Ave. Fis~r s .~Is lamd. ine mer~xf~cate is issued to CLIFFORD R. OVIATT~ JR. AND DIANA (owner, ]YeYs~=X~{~4g~a~ XX of the aforesaid building. J. OVIATT Suffolk County Department of Health Approval UNDERVrRITERS CERTIFICATE NO. N/A NIA NOTICE IS HEREBY GIVEN that the owner of the above premises NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not Lntended to certify that the premises comply with all other apglicable codes and regula- tions. i~uiiaing ~nspe c~or __VIC~TOR LESSARD I-- (516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD October 18, 1988 Stephen L. Ham, III, Atty Matthews & Ham, Attys 45 Hampton Road Southampton, New York 11968 Dear Mr. Ham: I am responding to your correspondence with reference to Albert and Susan Stickney. The proposal is simply to change lot lines and not create any new lots. In so doing, you are upgrading the area and a request to Planning Board for a lot line change is all that is necessary. An addition to the existing dwelling would require action by Southold Town Trustees and the disapproval is attached to begin to resolve that condition. Very truly yours, TOWN SOUTHOLD ~UILDING DEPT. Victor Lessard, Principal Building Inspector VL:gar cc to: Planning Board / Trustees Dept. I ' N x / ' / SUSAN K ¢ ~LBERT STICKNEY (TO ~E DEEDED TO HEN~ L FERGESON NOTES' COORDINATE DISTANCES ARE MEASURED FROM U.S, COAST AND GEODETIC SURVEY TRIANGULATION CONTOURS ARE APPROXIMATE N,G,V.D., PARCELS 2 ~ 3 ARE LOTS AS SHOWN ON"MINOR SUBDIVISION PLAN MADE FOR BRISCOE SMITH, 5OdTHOLD &MD ~DMMT~ OF SdFFOL~ NAr ~k"15o~. I¢/LL RECO£D £ TH~ HELD 1Al TE AIVO WILL 7'5' F OFO5' ( cHA, M~E. LOT LI NF- PL¼N PREPARED FOR SUSAN LSEP 26 k, ALBERT ST~Ct<NEY /VOTE FO£ PI~££~L ADDED 9/21/88 ] ~QUESTRIAN AVENUE FISHE S ISLAND, NEW YORK SCALA 1=40' o] 4o' Mi CHANDLER, PALMER ~ KING- NORWICH, CONNECT/CUT S~PTEMBER 20 1988 S~i':FOLF, CO. PLANNING DER .. .¢,~,~.' ,"---o' / ~ "^~' ~"~°~/./,/ ¢ .- ~ / / / ipos~d, has been ~ppr v d y ~ . y / I ideemed necessa~ to ~ke future lo~ o~ers ' ~o the proposed subdivision and to help avoid ~- ~y future attempts to shut down the airport . ~ ~ ~ emanate from amrcraft using tha airpor~ad ~ xd,~ ~~ . ~ ~_ ~ ~ X ~USAN K. STICKNEY ~dwell/'n~W ~ I proposed ~ ~ ~~/ETICK~EY / / / . I ~ LA~y ~ENNE / ~ ~ SUSAN K. ~ ~LBERT 9TICKNEY - ~ /~; ~ E~UESTRIAN, HEATHULIE AND OCEAN AVENOE, ~ / / / / ~ 0 S~~~ - ~zvo V~AO~:aV EQUESTRIAN AVENUE ' ~~-~, , ,,'v~ FISHERS ISLAND, NEW YORK - ~, ,~ SCA I=~0 o' ~' ~' NOrWiCH, CONN¢CnCUT NOTE FOH PA~EL 3 ~PTEMBER ~,1988. ADDED 9/21/89 USAN K, STICKNE~ NOTES, ~, '~_ STATION "PROS" ~ ~ I ~ ' ~ ~ ~ , ~T~Z ~X~ ~ ~ O~O~/V ~'~i ~ ~/ ~ / /C~/V~ r t05~ ~ F/S HE SISLA;UESTR/~NAVENUE YO~K ~. ~0~'~ SE, ~ TEMBER 20,1~8~,