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Home My WebLink About1000-9.-9-2rI APPROVED BY PLANNING BOA P..D TOWN OF SOUTHOLD DATE ~ ,,t ,/~'~ ~ ,,~ , Southold, N.Y. 11971 (516) 765-1938 September 15, 1987 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: David Wilmerding Minor Subdivision Dear Mr. Lark: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, September 15, 1987. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "David Wilmerding" located at Southold was submitted to the Planning Board on February 3, 1987 and filing fee was paid, and WHEREAS, a public hearing was held on said subdivision application and plat at the Southold Town Hall, Southold New York, on August 10, 1987 at 7:45 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of David Wilmerding for approval of said subdivision plat prepared by Chandler, Palmer and King, dated as amended August 27, 1987 be approved and the Chairman be authorized to endorse approval on said subdivision plat. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JRK. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD TOWN CLERK TOWN OF SOUTHOLD N.0 2 5 4' County, New York 516- 765-1801 """'x . 't- //~'"/ MINOR SUBDIVISION 1. 6 copies sketch plan received spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received sketch plan/ 6. Sent lette~ wit~ resolution approving 7. Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions Be 11. 12. Description of property ~ote on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) Public Hearing (within 45 days) Advertise~ Affidavits of publication received Action by Planning Board iwithin 45 days) Sent to County PlaDning Commission Received County's recommendations Filed covenants and restrictions received Authorization and signing of map DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DIRECTOR OF PLANNIN(~ April 3, 1987 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Wilmerding Property Northeasterly terminus of Reservoir Road, Fishers Island, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on April 1, 1987 reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Wilmerding Property". referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to disapprove said map for the following reasons: The proposed subdivision will result in the creation of three landlocked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of landlocked lots, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for lots under Section 280-a of the Town Law as the future owners of landlocked lots cannot be held responsible for the landlocked nature of their parcels. The sand spit parcel of 5.20± acres was not included as part of Lot 4. This lot should not exist as a separate parcel even though it was stated that it would be restricted against development. Minor Subdivision - Wilmerding Property Page 2 3. ~ No information was provided as to why Reservoir Road, which terminates ~ at this property, was not used as access for the property and a proposed 50 foot road required inside the property to provide access to the lots. File: S-SD-87-09 GGN:mb Encl.: Map cc: R. Villa, P.E., SCDHS Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section T LD St~~Y Southold, N.Y. 11971 (516) 765-1938 April 8, 1987 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 RE: Wilmerding Property at Fishers Island Dear Mr. Lark: Enclosed, for your review, is a copy of the resolution from the Suffolk County Planning Commission with regard to the above mentioned subdivision. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. 445 BOXWOOD ROAD ROSEMONT, PENNSYLVANIA tgOlO SEP 9 1986 September 25, 1986 Ms. Diane Schultz, Secretary Planning Board Town of Southold Suffolk County Southold, NY 11971 Dear Diane: Thank you for sending a copy of the procedures for minor subdivisions to me. Enclosed is a copy of the subdivision plan dated November 5, 1985, in respect to our family property on Fishers Island, as per your request. I understand that you will review our situation with Kenny Edwards and/or others in your office and advise me how to proceed. The property in question is being divided among my family, such that my brother, Harold P. Wilmerding, would own Lots 1 and 2, my family would own Lots 3 and 4, and my sister, Barbara W. Macleod, would own Lot 5. Stony Beach (Other Land of Wilmerding) is not subject to development. There is no intention presently to build on Lot 2. Our hope is to keep the entire property within our family and, although a right of way has been delineated, we want to avoid its installation, since we will be continuing to maintain a family property. My office telephone number is 215-925-0609. Please advise me as soon as possible how we might proceed. On receipt of your instructions, we will retain an attorney familiar with the process and take whatever other action is necessary to move forward. Sincerely, cc: Mr. K. Edwards Mr. H. P. Wilmerding RiCHarD F. LARK August 10, 1987 Planning Board Town of Southold Main Road Southold, New York 11971 ATT: Diane M. Schultze, Secretary RE: Minor Subdivision for Wilmerding Property Dear Miss Schultze: Pursuant to the resolution of the Southold Town Planning Board on March 9, 1987 I am enclosing four prints of the map indicating that the "other land of Wilmerding" will not be a building lot and a notation on the map as to the owners of each lot. After the maps have been signed, kindly forward me two prints. RFL/bd Enclosures Very trulv yours, ~chard F. Lark RiCHarD F. LARK ATTORNEY AT LAW July 27, 1987 Planning Board Town of Southold Main Road Southold, New York 11971 ATT: Diane M. Schultze, Secretary RE: Minor Subdivision for Wilmerding Property Dear Miss Schultze: Pursuant to the resolution of the Southold Town Planning Board on March 9, 1987 I am enclosing a map showing approval of Article 6 from the Suffolk County Department of Health Services. If all is in order, kindly schedule a public hearing on this matter and advise me of same. RFL/bd Enclosure F~4fchard F. La~k FILE COPY Southold, N.Y. 11971 (516) 765-1938 August 17, 1987 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 RE: Wilmerding Minor subdivision SCTM # 1000-9-9-2 and 3. Dear Mr. Lark: Please let!this confirm the following action taken by the Southold Town Planning Board, Monday, August 10, 1987. RESOLVED that the Southold Town Planning Board Set Monday, August 24, 1897 at 7:45 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question~of approval of the minor subdivision of David W£1merding located at Fishers Island. our Enclosed~is a copy of the legal notice for your files. If you have any questions, please don't hesitate to contact office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. FILE COPY LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN THAT pursuant~to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 24th day of August on the question of the following: 7:45 p.m. Approval of the final maps for the minor subdivision of Property of Wilmerding located at Fishers Island, in the Town of Southold, County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a monument at the northeasterly corner of land of the Race Point Corporation, said monument being 1412.16 feet North of a point which is 5162.73 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and THENCE RUNNING North 32026'00'' East 68.35 feet to a monumnet; THENCE North 65031'00'' East 336.96 feet to an iron ring in a boulder at the shore of Little Hay Harbor; THENCE following the meanders of said shore line on the following six courses: North 25055'00'' West 85.15 feet, North 07057,00'' West 125.61 feet, North 23036'00'' West 388.6 feet, North 36038,00'' West 82.70 feet, North 1~16' 00" West 160.1 feet and North 11008'00'' West 93.57 feet to the center of the southwestly end of the sand and gravel breakwater: THENCE following the meanders of Fishers Island Sound on thefollowing four courses and distances: North 52°04,00,, West 212.9 feet, South 57054'00" West 283.9 feet, South 12~15'00" West 178.32 feet and South 32022,00'' West 301.74 feet; THENCE South 46°58,00- East 408 feet to a monument; THENCE South 35024,00'' East 424.0 feet to the point of BEGINNING. Containing 12.79 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated August 10, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR., CHAIRMAN ................................................................... Please publish one time on August 13, 1987 and forward one affidavit of publication to the Southold Town Planning Board office (by August 24, 1987) at Southold Town Hall, Main Road, Southold, NY 11971 Copies delivered to the following: Fishers Island Post Office Long Island Traveler Watchman The New London Day Suffolk Times Supervisor Murphy Richard Lark,ESt Southold, N.Y. 11971 (516) 765-1938 March 13, 1987 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) Hamlet Fishers Island Tax Parcel Identifier No. 1000 Material Submitted: Minor Subdivision - Class A(3 Major Subdivision (3 Copies) Preliminary Map (1 copy) Darinage Plan (1 copy) Grading Plan (1 copy) Other material David Willmerding 9 9 2 and 3 copies) X Class B (2 copies) Topographic Map (1 copy) ; ; Street Profiles (1 copy) ; Planning Board Res. (1 copy) (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet X has been made to date. not be a building lot, Comments:~ina Board declared lead agency under the State Environmental Quality Review Act and coordinaated , no determination The "other ]and of Wilmerding" will and will be labeled on the survey as such. Ve.3~; truly yours, Bennett Orlowski. Jr.. WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision) Hamlet or Village Fishers Island The following items normally required application have been waived. Check, os required. Preliminary Map ¥ Topographic Map Stree~ Profiles X Grading Plan X Other (describe) David Wilmerding Town Southold os part of the subdivision X Drainage Plan X Landscape Plan XC 1) Minor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved c) Other (describe) filed map 2) a) No new drainage structures proposed X b) No new roads and no changes in existing roads c) No major site clear. Lng and grading proposed, d) Other (describe) and no changes in existing drainage proposed x x PUBLISHER'S CERTIFICATE Town of Soulhold No#ce of Hearin~ NOTICE iS HEREBY GIVEN THAT ;~'~.uar~ to &l~l plSC~ ~ State of Connecticut ) County of New London, ) ss. New London On this 14th day of Auqust A.D. 19 87, personally appeared before the undersigned, a Notary Public, w~thin and for said County and State, J.L. Zielinski, Legal Adv. Clerk of THE DAY, a daily newspaper published at New London, State states on oath, Legal advertisement London, County of New of Connecticut, who being duly sworn, that the Order of Notice in the case of # 978 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 13th days of August A.D. 1987. Subscribed and sworn to b~fore~5~e this 14th day of August A.D. 1987. Notary Public. LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of the Town Law, public hear- ings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said Town on the 24th day of August on tl~ question of the following: 7:45 p.m. Approval of the final maps for the minor sub- division of Property of Wihner- ding located at Fishers Island, in the Town of Southold, Coun- ty of Suffolk, State of New York and bounded and describ- ed as follows: BEGINNING at a monument at the northeasterly corner of land of the Race Point Corpora- tion, said monument being 1412.16 feet North of a point which is 516Z73 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and THENCE RUNNING North 32° 26' 00' East 68.35 feet to a monument; THENCE North 65 ° 31' 00" East 336.96 feet to an iron ring in a boulder at the shore of Lit- tle Hay Harbor; THENCE following the meanders of said shore line on the following six courses: North 25 o 55' 00" West 85.15 feet, North 07° 57' West 125.61 feet, North 23 ° 36' 00" West 388.6 feet, North 36° 38' 00" West 82.70 feet, North 1° 16' 00' West 160.1 feet and North 11° 08' 00' West 93.57 feet to the center of the southwesterly end of the sand and gravel breakwater: THENCE following the meanders of Fishers Island Sound on the following four courses and distances: North 52° 04' 00' West 212.9 feet, South 57° 54' 00' West 283.9 feet, South 12° 15' 00' West 178.32 feet and South 32° 22' 00' West 301.74 feet; THENCE South 46° 58' O0' East 408 feet to a monument; THENCE South 35° 24' 00" East 424.0 feet to the point of BEGINN- ING. Containing 12.79 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: August 10, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI JR., CHAIRMAN IT-8/13/87(37) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southo[d, 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 £ weeks successively, commencing on the ........... ' ........... ..... ........ ..... Swmn to befme me this ............. /..~. ..... day of Notary Public NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · DIVISION OF REGULATORY AFFAIRS PROJECT I.D. NUMBER State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor I 2. P,ojectName Minor Subdivision for DAVID R. UILHERDING, JR. , Wilraerdin~ Property .1. Project location: Municipality Town of Southold Cou.ty of Suffolk [] New [] Expansion [] Modification/alteration 5. Describe project briefly: ~T~I~X ~A~m~ Ultimately ~ 2 o 7 9 + acres Yes [] No If No. describe briefly 9. What is present land use in vicinity of project~ [] Residential [] Industrial [] Comme,cial [] Agriculture [] Parkland/open space [] Other 10 Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal. state or Iocal)l [] Yes [] No If yes, list agency(s) and permit/approvals 11. Does any aspect of the action have a cur~en ly va d permit or approvaJf [] Yes [] No If yes. list agency name and permit/approval type 12. As resuk of proposed action will existing permit~approval require modificationS' I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor name: David Re Wilmerding~ Jr, If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by ^gency) A. Does action exceed any Type I threshold in 6 NYCRR. Part 617.12r If yes. coordinate the review process and use the FULLiLONG FORM EAF. C. Could action result in ANY adverse effects on, to, or arisinl~ from the foUowins: (Answers may be handwritten, if leeibie) C1. ExUtinli lit quality, surface or sroundw&ter quality or quantity, noise levels, e~Lttln~ triffk: patterns, solid waste p~oductiofl o~ disix~al, potential for erosion. drainage or floodtfli probiemsr Explain briefly:. C$. Growth, subsequent development, or related activities likely to be induced by the proposed actionl* Explain briefly, C6. Secondary. cumulative, or other effects not identified in C1-C61' Explain briefly, C7. A chanse in use of either quantity or type of enersyi' Explain briefly. PART III Determination of Significance (To be completed by Agency} INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial ~a~ge, impu~t=nt or otherwise significant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (fl magnitude. If necessary, add attachments or reference supporting materials. EnsHre 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/LONG FORM 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 here, and on attachments as necessary, the reasons supportng this determination: Southold, N.Y. 11971 (516) 765-1938 FEbruary 27, 1897 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of David R. Wilmerding, Jr. located at Fishers Island, tax map no. 1000-9-9-£&3. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until March 13, 1987.. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours- , JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. enc. cc: Department of Health Services Schultze, Secretary LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN THAT pursuant to Section 276 of the Town Law, public hear- ings will be held by the Southold Town Planning Board at the Town Hall, Main Road, South, o~d, New York in said Town on the 24th day of August on the question of the following: 7:45 p.m. Approval of the final maps for the minor subdivision of Property of Wilmerding cated at Fishers Island, in the Town of Southold, County of Suf- tblk, State of New York and bounded and described as fol- BEGINNING at a monument at the northeasterly corner of land of the Race Point Corpora- t/on, said monument being 1412.16 feet North of a point which is 5162.73 feet West of another monument marking the United States Coast and Geode- tic Survey Triangulation Station "PROS" and THENCE RUN- NING North 32°26'00'' East 6835 feet to a monument; THENCE North 65°31'00- East 336.96 feet to an iron ring in a boulder at the shore of Little Hay Harbor; THENCE following the meanders of said shore line on the following six courses: North 25°55'00'' West 85.15 feet, North 07°57'00'' West 125.61 feet, North 23°36'00,, West 388.6 feet, North 36°38'00'' West 82.70 feet, North 1°16'00TM West 160.1 feet and North 11°08'00' West 93.57 feet to the center of the southwesterly end of the sand and gravel breakwater: THENCE following the mean- ders of Fishers Island Sound on .the following four courses and distances: North 52°04'00' West 212.9 feet, South 57°54'00'' West 301.74 feet; THENCE South 46°58'00'' East 408 feet to a monument; THENCE South 35°24'00' East 424.0 feet to the point of BEGINNING. Contain- lng 12.79 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated August 10, 1987 STATE OF NEW YORK SS: COUNTY OF SUFFOLK Gerry Pa~li~aro .... of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which The annexed is a printed copy, has been regularly published in said Newspaper once each week for ~l_ weeks successively, commencing on the ~ day of Aug~s t .... 19 ~7 Sworn ,o~. me this ~.~ BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR., CHAIRMAN LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN THAT ~ursuant~to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 24th day of August on the question of the following: 7:45 p.m. Approval of the final maps of Property of Wilmerding located at Fishers of Southold, County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a monument at the northeasterly corner of land of the Race Point Corporation, said monument being 1412.16 feet North of a point which is 5162.73 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and THENCE RUNNING North 32026'00'' East 68.35 feet to a monumnet; THENCE North 65031'00'' East 336.96 feet to an iron ring in a boulder at the shore of Little Hay Harbor; THENCE following the meanders of said shore line on the following six courses: North 25055'00'' West 85.15 feet, North 07057'00'' West 125.61 feet, North 23036'00'' West 388.6 feet, North 36038'00'' West 82.70 feet, North 1716' 00" West 160.1 feet and North 11008'00'' West 93.57 feet to the center of the southwestly end of the sand and gravel breakwater: THENCE following the meanders of Fishers Island Sound on~thefollowing four courses and distances: North 52004'00'' West 212.9 feet, South 57054'00'' West 283.9 feet, South 12015'00'' West 178.32 feet and South 32022'00'' West 301.74 feet; THENCE South 46o58'00" East 408 feet to a monument; THENCE South 35024'00'' East 424.0 feet to the point of BEGINNING. Containing 12.79 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated August 10, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time on August 13, 1987 and forward one affidavit of publication to the Southold Town Planning Board office (by August 24, 1987) at Southold Town Hall, Main Copies delivered to the following: ufuf Island Traveler Watchman olk Times for the minor subdivision Island, in the Town Road, Southold, NY 11971 Fishers Island Post Office The New London Day Supervisor Murphy Richard Lark,E LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN THAT pursuant~to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 24th day of August on the question of the following: 7:45 p.m. Approval of the final maps for the minor subdivision of Property of Wilmerding located at Fishers Island, in the Town of Southold, County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a monument at land of the Race Point Corporation, the northeasterly corner of said monument being 1412.16 feet North of a point which is 5162.73 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and THENCE RUNNING North 32026'00'' East 68.35 feet to a monumnet; THENCE North 65031'00'' East 336.96 feet to an iron ring in a boulder at the shore of Little Hay Harbor; THENCE following the meanders of said shore line on the following six courses: North 25°55'00" West 85.15 feet, North 07057'00'' West 125.61 feet, North 23036'00" West 388.6 feet, North 36038'00'' West 82.70 feet, North 1716' 00" West 160.1 feet and North 11°08'00" West 93.57 feet to the center of the southwestly end of the sand and gravel breakwater: THENCE following the meanders of Fishers Island Sound on'thefollowing four courses and distances: North 52004'00'' West 212.9 feet, South 57054'00'' West 283.9 feet, South 12015'00'' West 178.32 feet and South 32o22'00'' West 301.74 feet; THENCE South 46058'00'' East 408 feet to a monument; THENCE South 35024'00'' East 424.0 feet to the point of BEGINNING. Containing 12.79 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated August 10, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time on August 13, 1987 and forward one affidavit of publication to the Southold Town Planning Board office (by August 24, 1987) at Southold Town Hall, Main Road, Southold, NY 11971 Copies delivered to the following: Fishers Island Post Office Long Island Traveler Watchman The New London Day Suffolk Times Supervisor Murphy Richard Lark,E RICHARD F. LARK February 9, 1987 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 ATT: Diane M. Schultze, Secretary RE: Minor Subdivision for Wilmerding Property Dear Diane: In connection with the above-captioned enclosing the following: set-off I am Application for Approval of Plat dated February 3, 1987. Short Environmental Assessment Form. Form letter signed by David R. Wilmerding, Jr. regarding no grading, new roads or drainage structures. Twelve prints of the survey of Chandler, Palmer & King dated January 8, 1987. 5. Check to the Town of Southold in the amount of $950.00. If I would appreciate you placing Planning Board agenda. RFL/bd Enclosures you need any further information, kindly let me know. this matter on the next available APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicaut hereby applies for ~x~t~) (final) approval of a subdivision plat in accordance with Article 16 of the Town Laxv and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ...M.~..n.o..r..$P~b~iV~$.~.Ork. f.or..!.q~i.l~r.cl~-p.g .... · ~..r.o.p ?.r..t~ .................................................................................. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ........................ Page ...................... On ....................... ; ~ ........................ ~r ...................... OK ....................... ; · 2~l~x ........................ ~g~ ...................... ~K .................. : ....; ~,~e~ ........................ :~ ...................... :~ ....................... ; x~ ~i~e~ X~K ~I~m ~fl m~l xT~ ~X'~k:~ ....................................... ~c~lx~t~ ........................................................................ 5. The area of the land is 3.2...~..% ....... acres. 6. All taxes which are liens on the land at the (late hereof have been paid :~x~t~ ............ 7.The land is encumbered by ...iq.o. ........................................................ mortgage (s) ava,x~FaY~l~ :~ .............. ~l~P~x~ ..................... :q~ktx~3~ ...................... 8. There are no other encumbrances or liens against the land mmaq:~x ........................ 9. The land lies in the following zoning use districts .. ~'fi~'.'..l~.~$j-.qle. ql:j.a.1.. ~J.~.gr.J.¢.t.. 10. No part et the land lies under water whether tide water, stream, pond water or otherwise,,'~ I1. The applicant shall at his expense install all required public improvements. 12. The land (does) (allereSt0 lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ....F.i..s.h. 9.r...s..!.s..1.a.n. gl.'.$.q.a.t..e.r.. 379.r..k.s. ..................... 13~./OVVater mains will be laid by . .a. plq.l.i.c..a.n..t. ............................................. 14./~e°ctric lines and standards will be installed by . .aPP.~J~¢P4qt;l 15.yGas mains xvill be installed by ...0pp. lJ~¢0lclt... 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highxvay system, annex Schedule "B" hereto, to show same. M/g 17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in tile Town of ~outhold High~vay sy. stem, annex Schedule "C" hereto to show same. Equestrian Avenue snown on survey o~ Chandler, Palmer & King dated January 8, 19~7. 18. There are no existiog buildings or structures on tile land which are not located and shown on the plat. -i 19. Where tile plat shoxvs proposed streets which are exteusious of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjnnctions with the proposed streets. .. 20. In the course of these proceedings, the applicaut will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Suhmit a copy of proposed deed for lots showing all restrictions, covenan'ts, etc. Annex Schedule "D". None 22. The applicant estimates that the cost of grading and required public improvements will be $..7.0.'7 .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .7.0.'7 ........ years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". February ~ DATE Ja~a~ .. 3.,.. 19..8.7. .~ /~ ~ ' ' ~' (Name of Applicant)David R., Wilmerdlng, 445 Boxwood Road · ~o. ?.~..~.o..~.e.,.. ?. ?.~¥.~.¥.~.~.~.. ?.0). p. ...... (Address) PENNSYLVANIA STATE OF !(EIY4Xq~COUNTY OF .... ~hil~de~phi~ ........... ss: On the ..... .3.,.d. ........ day of ..... .6..~t.n.t~.~.X~..Ii'~.r.u.~;/., 19.8. 7 .... before me personally came ·..D,~..V~..D...13:. ?.~..?,~..P.~..2~..G.~..ff..R... ............. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that .... .h.~. ..... executed the same. i~;~J~' V~(,,i~ .... ; v 7:- .... ~" ...... '.;:.: ..... 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 de- lmse and say that ............ resides at No ..................................................... ................................. that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order o~ the board of directors of said corppration. ~tnd that ............ signed .............. name thereto by like order. Notary Public Jr. D2229 THiS iNDENTURE, made the ~day of ~ , nineteen hundred and eighty-six (1986) BETWEEN DAVID R. WILMERDING, JR., and HAROLD P. WILMERDING as Trustees under Item THIRD of the Will of BARBARA PRATT WILMERDING, deceased, party of the first part whose address is c/o Benjamin R. Neilson, Esquire, 30 South 17th Street, Philadelphia, Pennsylvania 19103, and said DAVID R. WILMERDING. JR., said HAROLD P. WILMERDING, and UNITED STATES TRUST COMPANY' OF NEW YORK, Trustees under Item TENTH of the Will of BARBARA PRATT WILMERDING, party of the second part, whose address is c/o Benjamin R. Neilson, Esquire, 30 South 17th Street. Philadelphia. Pennsylvania 19103, WITNESSETH, that the party of the first part, by virtue of tile power and authority given in and by said last will and testatment,¢and in consideration of Ten and 00/100 Dollars ($10.00), paid by the party of the second part. does hereby grant and release unto the party of the second part, the succe~sorm and assigns of the party of the second part forever. ALL that certain plot, piece or parcel of land. with tile buildings and improvements thereon erected, situate on Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: 'BEGINNING at a monument at the northeasterly corner of land of the Race Point Corporation. said monument being 1412.16 feet North of a point which is 5162.73 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and THENCE RUNNING North 32 degrees 26 minutes East 68.35 feet ~o a monument; THENCE North 65 degrees 31 minutes East 336.96 feet to au iron ring in a boulder at the shore of Little Hay Harbor; THENCE following the meanders of said shore line on the following six courses: North 25 degrees 55 minutes West 85.15 feet, North 07 degrees 57 minutes West 125.61 feet, North 23 degrees 36 minutes West 388.6 feet, North 36 degrees 38 minutes West 82.70 feet, North 1 degree 16 minutes West 160.1 feet and North 11 degrees 08 minutes West 93.57 feet to the center of the southwesterly end of the sand and gravel breakwater: THENCE following the meanders of Fishers Island Sound on tile following four courses: North 52 degrees 04 minutes West 212.9 feet. South 57 degrees 54 minutes West 283.9 feet. South 12 degrees 15 minutes West 178.32 feet and South 32 degrees 22 minutes West 301.74 feet; THENCE South 46 degrees 58 minutes East 408.0 feet to a monument: THENCE South 35 degrees 24 minutes East 424.0 feet to the point of Beginning, T__ax Map District 1000. Section 9, Block 9, Lots 2 and 3. School District 4. TOGETHER with 100 feet of the sand and gravel breakwater lying next adjacent to the northeast extremity of the above described parcel of land. TOGETHER ALSO with the sand and gravel breakwater, extending in a northeasterly direction and forming the northwesterly edge or side of Little Hay Harbor. TOGETHER ALSO with all right, title and interest, if any, of the party of the first part in and to the land lying between the mean high water marks and the mean low water marks of both Fishers Island Sound and Little Hay Harbor, and to the lands under the waters of Fishers Island Sound and Little Hay Harbor in front of and adjoining the above described parcel of land. TOGETHER ALSO with an easement and right of way thirty-five (35) feet in width over lands now or formerly of Lila W, Wilmerding, extending from the northwesterly terminus of Equestrian Avenue to the southeasterly boundary line of the above described parcel of land, as set forth in Deed dated July 29, 1964 and recorded August 4, 1964 in the Office of the Clerk of Suffolk County in Deed Liber 5589 Page 373. ALSO TOGETHER WITH the benefits of and subject to the burdens of a certain Agreement re Private Road or Right of Way dated March 11, 1971 by and among Frances B. Rauch, Barbara Pratt Wilmerding and John C. Evans. BEING, as to a portion thereof, the same premises which Katharine Salvage Wilmerding, Magdelaine S. Anthony and Margaret S. Taliaferro, by Deed dated July 29, 1964 and recorded August 1964 in the ~ffice of the Clerk of Suffolk County in Deed Liber 5589 Page 373, granted and conveyed unto Barbara Pratt Wilmerding. BEING, as to another portion thereof, the same premises which Katharine Salvage Wilmerding, by Deed dated July 21, 1964 and recorded August 4, 1964 in the Office of the Clerk of Suffolk County in Deed Liber 5589 Page 370, granted and conveyed unto Barbara Pratt Wilmerding. AND BEING, as to the remaining part thereof, the same premises which Fishers Island Utility Company, Inc., by Deed dated January 31, 1978 and recorded February 9, 1978 in the Office of the Clerk of Suffolk County in Deed Liber 8386 Page 203, granted and conveyed unto Barbara Pratt Wilmerding. AND the said Barbara Pratt Wilmerding died on February 23, 1980, leaving a Will and Codicil thereto probated and registered in Delaware County, Pennsylvania under File No. 23-80-0475, wherein she appointed David R. Wilmerding, Jr. and Harold P. Wilmerding Executors and Trustees, to whom Letters Testamentary were granted on February 29, 1980. AND Ancillary Letters Testamentary were issued by the Suffolk County, New York Surrogate's Court on July 17, 1980 under File No. 1158 P 1980 and Letters of Trusteeship were issued by said D2229 2 07/21/86 Court on November 28, 1983 to said David R. Wilmerding, Jr. and Harold P. Wilmerding. AND the said David R. Wilmerding, Jr. and Harold P. Wilmerding, Trustees as aforesaid, appointed United States Trust Company of New York Co-Trustee of the trusts under Item TENTH of said Will in accordance with Item TWENTIETH of said Will. AND in Item THIRD of said Will decedent demised "the premises on Fisher's Island, New York, now standing in my name to my sons, DAVID R. WILMERDING, JR. and HAROLD P. WILMERDING ... IN TRUST, to permit my husband, DAVID RICHMOND WILMERDING, to occupy the same ..." under certain conditions and upon his death to sell the same, after certain provisions for offering the same for sale to the four children of decedent Barbara Pratt Wilmerding, and to add the proceeds in equal shares to each continuing Parent Trust under Item TENTH of said Will (no such Trust having terminated). AND the said David Richmond Wilmerding died on November 16, 1983. AND in accordance with Item TENTH of said Will decedent devised the residue of her estate, real and personal, to her Trustees. AND this pr6sent indenture is made in distribution of all property held in the trust under Item THIRD of said Will to the party of the second part, Trustees as aforesaid of the Parent Trusts under Item TENTH of said Will, who have elected to take title to the property held under the aforesaid Item THIRD as tenants in common in equal undivided shares, one such share to be held in each such Parent Trust. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said Will or otherwise. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the successors and assigns of the party of the second part forever. UNDER AND SUBJECT, nevertheless, to certain agreements, covenants and restrictions as now appear of record, the recital of which shall not be construed as an acknowledgment of the validity thereof, an extension thereof or a renewal thereof in the.event that they, or any of them, do not affect the premises hereby conveyed or have expired or become unenforceable by their own terms or by limitation, violation or for any other reason. 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 incumbered in any way whatever, except as aforesaid. D2229 3 07/21/86 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 consideration 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 WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRE~ ~ ~i-~ R. Wilmerding, ~- Trustee as aforesaid Harold P. Wilmerding, Trustee as aforesaid {SEAL] D2229 4 07/21/86 SS · On the day of ~ 1986, before me personally came David R. Wilme~f~ing~, Jr., a Trustee, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Not~y Publi~ Phil~,. PhlSa. C. My ~mmi.ion Explr~ Jan. ~, STATE OF : COUNTY OF : SS On the day of -1986, before me personally came Harold P. Wilmerding, a Trustee, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public D2229 06/13/86 Southold Town Planning Board Town Hall Southold, New York 11971 RE: Minor Subdivision for Wilmerding Property Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: No grading, other than foundation excavation for a residential building is proposed. No new roads are proposed and no changes will be made in the grades of the existing roads. 3. No new drainage structures or alteration of existing structures are proposed. Very truly yours, David R. Wilmerding, Jr. SUB D,'REVIF~W' s,ECTION ThE ~uCd/vis~h of ~his property, as proposed,