HomeMy WebLinkAbout1000-9.-11-9.1NOTES:
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~3. · ~bldATE$ MOnUMEnT
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
Hauppauge, New Yolk JAN A 1 l~gl , .
Thi~ i, ~ ce~ity that the ~,p~osed
inthe /~l 3bd~lL~ __withatct.:31_,~'~ - lots
~~
/
/
~IAR ? 1991
~[~,~: ~Pf. OF
ALTH ~[~VJCES
HEREBY CERTIFY THAT THIS MAP NAS MADE
FROM ACTUAL SURVEYS CQ,M~ETED JULY 17,
"A DECLARATIO~OF COVENANTS AND RESTRICTIONS
AFFECTING THE bOTS tN THIS SUBDIVISION HAS
BEEN FILED IN THE OFFICE OF THE SUFFOLK COUNTY
CLERK IN LIBER 11150, PAGE 367".
LOT 2 IS SUBJECT TO RIGHTS I
IN FAVOR OF THE OWNERS OF
LOT I TO USE AND MAINTAIN
THE EXISTING WATER LINE.
ADDITION OF RIGHTS
¢(~ Iqqo
FOR WATER LINE DEC. 28,'1990
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 2, 1991
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Stephen L. Ham III
Matthews & Ham
45 Hampton Road
Southampton, New York 11968
RE:
Minor Subdivision for
Thomas W. Russell, Jr.
SCTM$1000-9-11-9.1
Dear Mr. Ham:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, April 1, 1991.
Be it RESOLVED that the Southold Town Planning Board
authorize the Chairman to endorse the final surveys last dated
December 28, 1990.
This subdivision received conditional final approval on
March 11, 1991. All conditions of final approval have been
fulfilled.
Enclosed please find a copy of the map which was endorsed
by the Chairman. The mylar maps, which were also endorsed by
the Chairman, must be picked up at this office and filed in the
office of the County Clerk. Any plat not so filed or recorded
within sixty (60) days of the date of final approval, shall
become null and void.
Please contact this office if you have any further
questions.
Very truly yours,
Bennett Orlowski, Jr./
Chairman
Enc 1.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNIN~ BOARD OFFICE
TOWN OF SOUTHOLD
March 12, 1991
SCO'IT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
stephen L. Ham III
Matthews: & Ham
45 Hampton Road
Southampton, New York 11968
RE: Minor Subdivision for
Thomas W. Russell, Jr.
SCTM# 1000-9-11-9.1
Dear Mr. Ham:
The following took place at a meeting of the Southold Town
Planning Board on Monday, March 11, 1991.
The final public hearing, which was held at 7:30 P.M., was
closed.
The following resolution was adopted:
WHEREAS, Thomas W. Russell, Jr. individually and as
ancillary executor of the Estate of Dorothy M. Russell, Dorothy
R. Chapman and Judith R. Driscoll is the owner of the property
known and designed as SCTMgl000-9-11-9.1, located at Heathulie
Avenue and Beach Avenue on Fishers Island; and
WHEREAS, this minor subdivision, to be known as Minor
Subdivision for Thomas W. Russell, Jr., is for 2 lots on 2.22
acres; and
WHEREAS, a variance for insufficien~ lot area, depth and
setbacks, was granted by the Zoning Board of Appeals on June 2,
1988; 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
March 5, 1990; and
Page 2
Thomas W. Russell, Jr.
WHEREAS, a final public hearing was closed on said
subdivision application at the Town Hall, Southold, New York on
March 11, 1991; and
WHEREAS, all the requirements of the Subdivision
Regulations of the Town of Southold have been met; and
now therefore, be it
RESOLVED, that the Southold Town Planning Board grant
conditional final approval on the surveys last dated December
28, 1990 and authorize the Chairman to endorse the final surveys
subject to fulfillment of the following condition. This
condition must be met within six (6) months of the date of this
resolution.
Submission of one additional final map containing a
valid stamp of Health Department approval.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
Bennett Orlowski, Jr. ~
Chairman
DI STRICT
1000
SECTION
BI,OCK
LOT
0~! 1 2 I~0
DECIARATION
DEClaRATION, made the ~ day of August, 1990, by Thomas
Russell, Jr., now residing at 53 East 66th Street, New York,
lew York ].0021, individually and as executor of the Estate of
Dorothy M. Russell, Dorothy R. Chapman, now residing at 129
Country Lane, Christiana, Pennsylvania 17509, and Judith R.
Driscoll, now residing at 19020 Country Road #6, Plymouth,
Minnesota 55447, hereinafter referred to as the Declarants.
WHEREAS, the Declarants are tile owners of certain real
~roperty situate at Fishers Island, Town of Southold, Suffolk
Connty, New York, as shown on the map entitled "Minor Subdivision
Plan of Property on Beach Avenue & Heathulie Avenue, Fishers
Island, New York, made for Estate of Dorothy M. Russell", prepared
by Chandler, Palmer & King, dated July ]7, 1987, revised November
25, 1987, August 3, 1988 and April 12, ].988, which map is to be
filed in the offices of tile Town Clerk and tile Building Department
of the Town of Southold and the Office of the Clerk of tile County
of Suffolk, said real property being more particularly described
oil Schedule A hereto; and
WHEREAS, tile Estate of Dorothy M. Russell has
application to the Planning Board of the Town of Southold
approval of a minor subdivision to create two lots, to wit: Lot
1 and Lot # 2 as shown on tile above referred to map, which Lot #
made
for
1
and Lot # 2 are
and
more particularly described
on Schedule B hereto;
cC
WHEREAS, for and in consideration of said granting of
approval, the Planning Board of the Town of Southold bas deemed it
to be in the best interests of the Town of Southold and the owners
and prospective owners of said Lots that the within covenants and
restrictions be imposed on said Lots, and as a condition of said
approval, said Planning Board has required that the within
)eclaration be recorded in the office of the Suffolk County Clerk;
~nd
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 Lots;
NOW, TBEREFORE, 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 ~hall be
binding upon all purchasers of said premises, their heirs,
~xecutors, legal representatives, distributees, successors and
~ssigns, to wit:
1. That
no lot line shall be changed in the future
anless authorized by the Town of Southold Planning Board.
2. That all stormwater runoff resulting from the
~evelopment and improvement of this subdivision or any of its lots
shall be retained on the site by adequate drainage structures ~o
that it will not flow out onto the rights-of-way of Heathulie and
f¢
11150 369
Beach Avenues.
3. That prospective owners of lots within this
subdivision are hereby advised that this subdivision is located
within one mile of Elizabeth Field and, therefore, may be
subjected to noise emanating from the facility and from aircraft
flying overhead or nearby.
4. That two triangular portions of Lot # 2' adjacent to
the intersection of the existing driveway on Lot # 2 with
tleathulie Avenue be maintained so that the maximum growth of
vegetation thereon shall not exceed 24 inches, said areas to be so
maintained being described as follows: (A) Beginning at a point
formed by the intersection of the southwesterly side of the
existing driveway with the southwesterly side of Heathulie Avenue;
and running thence southeasterly along the southwesterly side of
Heathulie Avenue a distance of sixty feet; thence northwesterly
through Lot # 2 to a point on the southwesterly side of the
existing driveway, which point is fifty feet from the intersection
of the southwesterly side of tile existing driveway with the
Southwesterly side of lleathulie Avenue as measured along the
southwesterly side of the existing driveway; thence southeasterly
along tile southwesterly side of the existing driveway fifty feet
to the point of beginning; and (B) Beginning at a point formed by
the intersection of the northeasterly
driveway with the southwesterly side of
running thence northwesterly along the
Heathulie Avenue a distance of forty feet;
side of the existing
Heathulie Avenue; and
southwesterly side of
thence southwesterly
~, t side of the
through Lot # 2 to a point on the northeasterly
existing driveway, which point is sixty feet from the intersection
of the northeasterly side of the existing driveway with the
~outhwesterly side of Heathulie Avenue as measured along the
only at
(except
the then owners of
of a majority plus
Town of Southold
!asterly side of the existing driveway; thence southeasterly
along the northeasterly side of the existing driveway sixty feet
to the point of beginning-
5. That these Cov'enants and Restrictions can be modified
the request of the then owners of Lot # 1 and Lot # 2
in the case of paragraph 4 above where the request of only
Lot # 2 shall be required) with the approval
one of the Town Board or Planning Board of the
after a public hearing. Adjoining property
owners shall be entitled to notice of such public hearing but
~ir consent to such modifications shall not be required.
IN WITNESS WHEREOF, the Declarants above named have
~xecuted the foregoing Declaration as of the day and year first
~bove written.
Thomas W. Russell, Jr.,
individually and as executor of
the Estate of Dorothy M. Russell
~r ot~- ~pma~
Judith R. Driscoll
4
STATE OF NEW YORK
SS.:
County of Suffolk
I, EDWARD P. ROMAiNE, ClerkoftheCountyofSuffolkandClerkoftheSupremeCourtoftheState
of New York in and for said County (said C_Qurt being a Cou. q.~ of Record) DO HEREBY CERTIFY that
lb mpal ave com ared the annn~.x~xed copy of
' ' ~'n~l 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 /~ dayof ~ 19,*~
............... Clerk
Form No. 104
(¢
11150 371
~TATE OF NEW YORK )
;OUNTY OF ~J .'/, )
SS. :
2OM~4ONWEALTH OF PENNSYLVANIA)
~OUNTY OF J,'"~%'~f' )
On the %~ day of August, 1990, before me personally
~peared Thomas W. Russell, Jr., to me known and known to me to be
.the individual described in and who e~ecuted the foregoing
~nstrument and he acknowledged to me that~{le executed the same.~
.Notary Public
On the '/q~% day of August, 1990, before me personally
appeared Dorothy R. Chapman, 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 same.
~otary Public
STATE OF MINNESOTA )
2OUNTY OF Jlt,,'~W'j).,'~ )
On the ~4~ day of August, 1990, before me personally
appeared Judith R. Driscoll, to me known and ~nown to me to be
the individual described in and who executed the foregoing
instrument and she acknowledged to me ~t sh~ executed the same.
~ot~ry Publ ~c
5
ili507C372
~ E DU L~__A_ th~
All that certain plot, piece or parcel of land, w~th
buildings and improvements thereon erected, situate, lying anaI
being at Fishers Island, Town of Southold, County of Suffolk and
State of New York, more particularly bounded and described as
follows:
Avenue
and land of Richard A. and Martha Howard,
located 97.44 feet North of ~ point which is
another monument marking the United States
Survey Triangulation Station "PROS"; and
RUNNING TtlENCE along land of Iloward
minutes
BEGINNING at a monument on the northeasterly line of Beach
at the dividing line between the herein described parcel
said monument being
2267.90 feet West of
Coast and Geodetic
North 7 degrees 15
45 seconds East 194.82 feet to a monument;
THENCE still along tile last mentioned land North 57
degrees 29 minutes 00 seconds West 58.88 feet to a monument and
land of Elizabeth F. Husband;
THENCE along land of Husband North 64 degrees 23 minutes
10 seconds East 261.08 feet to a monument on the southwesterly
line of Heathulie Avenue;
THENCE along the southwesterly line of Beathulie Avenue
South 25 degrees 36 minutes 50 seconds East 322.00 feet to a
monument set at the intersection of the northwesterly line of
Beach Avenue and the southwesterly line of Ileathulie Avenue~
THENCE along the northwesterly line of Beach Avenue South
26 degrees 02 minutes 30 seconds West 83.64 feet to a monument;
THENC~ still along the northwesterly line of Beach Avenue
South 77 degrees 17 minutes 00 seconds West lg2.54 feet to a
monument;
TIIENCE along the northeasterly line of Beach Avenue North
67 degrees.38 minutes 00 seconds West 166.90 feet to the monument
set at the point or place of BEGINNING.
6
41150 373
SCIIEDULE B
All that certain plot, piece or parcel of land, with th~
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 northeasterly line of Beach
Avenue at the dividing line between the herein described parcel
and land of Richard A. and Martha Howard, said monument being
located 97.44 feet North of a point which is 2267.90 feet West of
another monument marking the United States Coast and Geodetic
Survey Triangulation Station "PROS"; and
RUNNING THENCE along land of Howard North 7 degrees 15
minutes 45 seconds East 194.82 feet to a monument;
TItENCE still along the last mentioned land North 57
degrees 29 minutes 00 seconds West 58.88 feet to a monument and
[and of Elizabeth M. Husband;
THENCE along land of Husband North 64 degrees 23 minutes
10 seconds East 182.49 feet to a point at the dividing line
between the herein described parcel ~nd Lot # 2 described below;
THENCE along said Lot # 2 South 25 degrees 36 minutes 50
seconds East 61.52 to an iron pipe;
TItENCE still along said Lot # 2 South 3 degrees 29
ninutes 50 seconds East 103.50 to an iron pipe;
14 degrees 5
27 degrees 42
point at the
THENCE still along said Lot # 2 South
minutes 51 seconds East 79.76 feet to an iron ~ipe;
TIIENCE still along said Lot # 2 South
minutes 10 seconds East 123.91 feet to a
northwesterly line of Beach Avenue;
TtIENCE along the northwesterly line of Beach Avenue South
77 degrees 17 minutes 0D seconds West 97.53 feet to a monument;
TIIENCE along the northeasterly line of Beach Avenue North
67 degrees 38 minutes O0 seconds West 1.66.90 feet to the monument
set at the point or place of BEGINNING.
7
(-(
1 150 374
Lot # ~
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 southwesterly line of
Heathulie Avenue at the dividing line between the herein described
iparcel and land of Elizabeth F. Husband; and
RUNNING THENCE along land of Husband South 64 degrees 23
minutes 10 seconds West 7.8.59 feet to a point at the dividing line
between the her ].n described parcel and Lot # 1 described above;
THENCE along said Lot # 1 South 25 degrees 36 minutes 50
seconds East 61.52 feet to an iron pipe;
THENCE still along said Lot # 1 South 3 degrees 29
minutes 50 seconds East 103.50 to an iron pipe;
TtIENCE still along said Lot # 1 South 14 degrees 5
minutes 51 seconds East 79.76 to an iron pipe;
THENCE still along said Lot # 1 South 27 degrees 42
minutes 10 seconds East 123.91 feet to a point at the
northwesterly line of Beach Avenue;
THENCE along the northwesterly line of Beach Avenue North
77 degrees 17 minutes 00 seconds East 65.01 feet to a monument;
THENCE along said Avenue line North 26 degrees 02 minutes
30 seconds East 83.64 feet to a monument set at the intersection
of the northwesterly line of Beach Avenue and the southwesterly
line of Heathulie Avenue;
THENCE along the southwesterly line of Heathulie Avenue
North 25 degrees 36 minutes 50 seconds West 322.00 feet to the
monument set at the point or place of BEGINNING.
8
THOMAS W. RUSSELL, JR.,
individually and as executor of
the Estate of Dorothy M. Russell,
DOROTHY R. CHAPMAN and
JUDITH R. DRISCOLL
TO
TOWN OF SOUTHOLD
DECLARATION
Record and Return to:
MA'i-i'HEWS & HAl4
45 HAMPTON ROAD
SOUTHAMPTON, NEW YORK 11968
THIS MINOR SUBDIVISION IS FOR ~- LOTS ON ~'S~' ACRES LOCATED ON
SCTM# 1000- el- ti ~ %1
I MINOR SUBDIVISION (NO ROAD) '1
Complete application received
Application reviewed at work session
Applicant advised of necessary revisions
Revised sub mission received
Sketch plan approval -with conditions
Lead Agency Coordination
SEQRA determination
Sent to Fire Commissioner
Receipt of firewe'll location
Notification to applicant to include on final map
Sent to County Planning Commission
Receii~t of County Report
Review of SCPC report
Draft Covenants and Restrictions received
Draft Covenants and Restrictions reviewed
Filed Covenants and Restrictions received
Receipt of mylars and paper prints with
Health approval
Final Public Hearing
Approval of subdivision
-with conditions
Endorsement of subdivision
TAX MAP
· ': DESIGNATION
; Dist. 1000
'} S~¢. 09.00
· BIL 011.00
· .: 009.001
CONSULT YOUR LA_WYER BE!~ORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD I~E USED BY LAWYERS ON
11207P 005
THIg ~NDENT~R~ made the c~,tH
BET'WE~N
day o£ //~oc'<u{T"
, nineteen hundred and ninety
THOMAS W. RUSSELL, JR., now residing at 53 East 66th S=reet, New York, New York
1002!, individually and as executor of the Estate of Dorothy M. Russell,
DCROTHY R. CHA?.!AN, now residing at 129 Country Lane, Christians, Pennsylvania
17509, and JUDITH R. DRISCOLL, now residing at 19020 Coun~ Road #6, Plymouth,
Minnesota 55447,
party o£ the first pan, and
THC:.IAS W. RU~on~L, JR., now residing a= 53 East 66th ~r~,c" =o~ New York,
10021,
New York
pony of the second pa,%
WlTNE~ETH, that the part).- o£ the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby gra_qt and release unto the part)- o£ the second par~, the heirs
or successors and assigns oi the party o£ the second part forever,
.&I.L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the
See Schedule A annexed hereto
SUBJECT TO Declaration, dated August 9, 1990, recorded on October 12, 1990
in Liber 11150 Page 367.
:'e.,v::i,:,' ." r;r
15864
TOGETHER with all right, title and interest, if any, of the party o[ 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 part)' of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party o£ the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the part)' of the first part covenants that the party of the first part has not done or suffered anything
x~hereby the smd premLes ha~e been encumbered m any way whale¢~ ex4?pt as aforesaid.
AND the party of the first part, in compliance with Section 13 of thd ~.r.'w, covenants that the party ot:
the first part will receive the consideration for this convevanc.e, and wiII hold'he ~ght to receive such consid-
e.,-atlon as a trust fund to be applied first ior the purpose ~f pa~ng the co~t~df't.h.e, improvement and will appR.
the same first to the payment o£ the cost of the improvement be/ore using anfpart of the total of the same [~r
any other purpose. ' '.~ "'"'
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
Il
wi: ~ E 0 0 ~ .-D_~ED.: . JAN 18 J99! C~K[~IWAI~D ~ FK3BAINE{3F SUFFOLK (~"~JNT~'Ie day and )'ear first above~
Thomas W. Russell, Jr., individually and as
executor__Q.~state of D~orot~ M. Russell
Dorothy R. ~ha~m~an //
/
I.L: k ,\'q 3 <
Judith R. Driseoil
11207 007
SC- ~ '~StTE A
9/qC~AS W. RL'F~gFTL, JR., individually and ~ ~x~r of ~e
R. ~S~
~ 9, 1990
All that certain plot, piece_ or Farcel of land, with the buildlng~ and
iz~.r~vements thereon erected, sit~ate, lying and being at Fishers Island, Town
of Scuthold, County of Suffolk and State of New York, m~re particularly
bcunded and described as follc~:
l~L~fJlgG THENCE alcng lar~ of }~=weJxi Sctrth 64 degrees 23 Iai~utes 10 seconds
W~-t 78.59 feet to a point at tko dividing line bet,~n the herein described
parcel and other lands of the pal~y of t~he first part ~ to be conveyed te
Jl~it~h R. Driscoll and Dorothy R. ~-n;
along said other lands abcut to be conveyed to Driscoll and f~auman the
follcwirg fc~r (4) CGtLrSeS ar~
(1) South 25 degrees 36 minu~ 50 seconds East 61.52 feet to an ir~n
pipe;
(2) South 3 degrees 29 i~inut~ 50 seconds East 103.50 to an ir~n pipe;
(3) Sc~th 14 degrees 5 minut~ 51 seccr~s East 79.76 to an iron pipe;
(4)
Sotlth 27 dec~ 42 minut~ 10 seconds w~t 123.91 feet to a point at
the ncr+-~sste~!y line of Bea~--'~. Avenue;
~CE along the northwesterly lirm of Beach Avenue North 77 degrees 17
minutes 00 seconds vm~t 65.01 feet to a monument;
T'nqENCE along said Avenue line Nor~h 26 degrees 02 minutes 30 seconds East
83.64 feet to a monument sat at the intersection of the northwesterly line of
Beach Avenue and the scuthwes~-rly line of Heathulie Avenue;
T53ENCE along the scuthwesterly lir~ of Heathulie Avenue North 25 degrees 36
minutes 50 seconds West 322.00 feet to the monument sat at the point or place
of BEGINNING.
S"uqS/ECT TO an easement and ri.ci~t-of=~~y for pedestrians and vehicles for the
b~nefit of and a~purtenant to other pr~ses of the party of the first part
adjoining the above-described pr~mises on the west over and along the existing
drive~y on the above-described pr~ises for ingress and egress to and fz~
Heathulie Avenue, said other pr~m{~es about to be conveyed to Judith R.
Driscoll and Dorothy R. ~%a~n, provided however, that such easement and
right-of-way shall c~a~e_ ~ termir~te on the fi~t date that the akove-
described premises and said other pr~mises about to be conveyed to J~{th R.
Driscoll and Dorothy R. C~a~m~n are not both owned by persons who are d~rect
descer~ants of Dorothy M. Russell, dec~a~ed, late of West Hartford,
Connecticut, who died on June 21, 1986 and whose ~a~t Will and Testament was
a~mitt~d to ancillary probate in the State of New York on Septs~ber 4, 1986
(5klrrcga_tels _Cc~r~. ~.of Suffolk County File No. 1572 P 1986).
ALSO RE00R.~___~.D appurtenant to
cthe J~ 18 ~99; EDV,'AF~D P.
· . ~ ~ J~i~ R.
~ ..... ~uu~y ~. ~, rot ~ ~,~.~ ...... , ...... ion, ~tion,
fl~ ~ ~Ge, ~, ~~, ~ ~ ~pla~t of ~e ~
~i~ 1~ ~, ~, ~ ~ a~ ~ ~t ~ 1~ on ~e
~e~~ p~. ~d ~t ~ ~11 ~ ~ f~t ~ wid~ ~
lAN 18 1991
TAX MAP
ESIGNATION
:,b 1000
09.00
i. 011.00
d,): p/o
009.001
CONSULT YOUR LAWYER BEFORE SIGHING THIS INSTRUMENT--THIS INSTRU;AENT SHOULD BE USED BY LAWYERS ONLY.
11207P 001
TH~ INDENTURE.,madethe ~ r~ day of ~qGOKF ,nineteen hundred and ninety
BEq~
THCM^S W. RUSSELL, JR., now residing at 53 East 66th Street, New York, New York
10021, individually and as executor of the Estate of Dorothy M. Russell,
DOROTHY R. CHAPMAH, now residing at 129 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRiSCOLL, now residing at 19020 CounV~ Road #6, Plymouth,
Minnesota 55447,
party ofthe first part, and
DOROTHY R. CHAPMAN, now residing at 129 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRz~O~L, now residing at 19020 Count~ Road #6 Plymouth
Minnesota 55447, as tenants in common, each with an undivided one-half interest,
party of the second part,
WITNF_.SSI~FH, that the party of the first part,, in consideration of Ten Dollars and other valuable consideration
paid by the part],, of the second part, does hereby grant and release unto the part), o£ the second part, the heirs
or successors and assigns of the parry, of the second part forever,
ALL that certain plot, piece or parc~ of la:d, with the buildings and improvements thereon erected, situate,
lying and being in the
See Schedule A annexed hereto
SUBJECT TO Declaration, dated August 9, 1990, recorded on October 12, 1990
in Liber lll50 Page 367.
15 63
R~C
REA[ ESTATE .-':,
JAN 18 i~91
IRA,NSr.Z~
SLiFFgLq
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 ali 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 o£ tim first part covenants that the party of the first part }ms not done or suffered anything
whereby the said premises have been encumbered in an)' way 'whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 1~ of the Lien':Law,'covenants that the party
the first part will receive the consideration for this convevanc6 a.qd.will h~oJd the right to receive such consid-
eration as a trust fund to be applied first for the purpose (~f pa~ eogl of',the improvement and will apply
the same first to the payment of the cost of the improvement I~efor,,~flsingV~ny 15.{~'t'of the total of the sa~ne
any other purpose. ~~-,"'.¥'"'""'-"""'"
The w~rd "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN wrr?
ri,,en. i:tEOOI:IDED
ED~h'.,kRD P. FIOMA[N~ .nd year first above
JAN 18 199'/ ~_..~
CLEHK C~c ~UFFOCK CG"~dNT~
Thomas W. Russell, Jr., individually and as
executor of_ E~tat~of D_oro~y M. Russell
Doroth~,-~.. C~a p.m an
Judith R. Driscoll
112077i003
.S ~EL'LE A
THC~iAS W. RUS~:[~.~ JR., indivi~mlly and as executor of the
Es~.~ta of Dcrct-hy M. Russell, ECF~q~Y R. CHAPMAN, and JUDITH
R. ER/SCOLL
DORfIf~ R. (}SAPS!AN ar~ JLqDIqS{ R. DRISCOLL, as tm_~nts in
c~cn, each ',q_th an undivided one-half interest
August 9, 1990
All t~hat certain plot, piece or parcel of land, with the buildings and
irprcv~_nts thereon erec~.~, situate, lying ar~ being at Fishers Island, Town
of Scuthold, County of Suffolk and Stats of New York, more particularly
bounded and described a~ follc%~:
BEGL-NNTNG at a mcnu~_nt cn t~ nor~hma.~ly line of Beach Avenue at the
dividing line between the her~in described parcel and land of Richard A. and
Mar~%~ Hcgrard, said m~rmm~/fa being located 97.44 feet North of a point which
is 2267.90 feat West of another monument marking the United States Coast and
Gecdetic Survey Trianguiaticn Station "PR~S"; ar~
RUNNING ~CE along lar~ of Hc%~rd Nort~h 7 de~T~=s 15 minutes 45 seconds East
194.82 f~t to a moD~nt;
~CE s~.~]l along the 1~ mentioned lar~ Nc~h 57 dec/rees 29 minutes 00
seconds West 58.88 feet to a m~nument and land of Elizabeth M. b%~hand;
T?~i~CE along land of b~har~ North 64 deq~n=~s 23 minutes 10 seconds
182.49 feat to a point at t~ dividing line between the herein described
parcel and other lands of the party of the first part about to be conveyed to
~ W. Russell, Jr.;
THENCE along said other lands about to be conveyed to Russell the follewing
four (4) ~ and
(1) South 25 de~z~ 36 mira/res 50 seconds ~ 61.52 to an iron pipe;
(2) South 3 de~z~s 29 minutes 50 seconds East 103.50 to an iron pipe;
(3) South 14 d~ 5 m~nut~s 51 seconds w~ 79.76 feet to an iron pipe;
Scuth 27 degrees 42 m~nutms 10 seconds F~t 123.91 feet to a point at
the northwesterly line of Beach Avenue;
THEN~ along the northwesterly line of Beach Avenue South 77 degrees 17
minutes 00 seconds West 97.53 feet to a mor~nt;
TH~N~ along the northeasterly 1/ne of Beada Avenue North 67 degrees 38
minut~ 00 seconds West 166.90 feet to ~he m=nur~nt sat at the point or place
TO~inER Wi'iH an ~a~ment and right-of-%~y for pedestrians and vehicles for
the benefit of and a~t to the above-d~_~ribed premises over and along
the ex/sting driveway located on other pr~isas of the party of the first part
adjoining the above-described p~,~ses on the ~ for ingress and e~=ss to
and f~c~ Heathulie Avenue, said other p~=~dses about to be conveyed to Thc~as
W. Russell, Jr., provided, however, that such easement and right-of-way shall
c~m.~e and terminate on the fi~t date that the above-described premises and
said other pr~ses about to be conveyed to Thomas W. Russell, Jr. are not
both owned by persons %~o are d~r~ct descer~nts of Dorothy M. Russell,
dec~a~ed, lats of West Hartford, Connecticut, ~o died on JuP~ 21, 1986 and
whose ~ast Will and Testa~_nt ~as admitted to ancillary probate in the State
of New York on- Sept~mg=er 4, 1986 (Su~au,~te's Court of Suffolk County File No.
CLF::RK CE SUFFOLK COUN%Y sicj~s
way, they shall cor~st_-"~ct a driv~ay c~ the we-~e-rly portion o~ the above-
descrLbed parcel for ingress and egress to and frcm ~each Avenue.
~ATTHEW$ & ~-IAI~I
ATTORNEYS AND COUNSELLORS AT LAw
45 H~ON Ro~
SO~H~PTO~, ~.Y. 11968
Planning Board
Town of Southold
Town Hall
Main Road
Southold, NY 11971
May 17, 1991
Re:
Minor Subdivision for
Estate of Dorothy M. Russell;
(SCTM # 1000-9-11-9.1~
Dear Sirs:
Please be advised that the Minor Subdivision Map
approved by you on April 1, 1991 has now been filed in the office
of the Suffolk County Clerk. The Map was filed on May 13, 1991
at 12:40 P.M. as Map No. 9096. The abstract number is 11802.
I believe this matter is
you require any further information
me know.
now completed. However, if
or documentation, please let
Very truly yours,
Stephen L. Ham, III
SLH: ja
SENDER:
SUBJECT:
SCTM#:
COMMENTS:
SUBMISSION WITHOUT COVER LETTER
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L, Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box II79
Southoid, New York 11971
Fax (516) 765-1823
SOUTHOLD TOWN PLANNING BOARD
MINUTES
MARCH 11, 1991
Present were:
Bennett Orlowski Jr., Chairman
G. Richie Latham, Member
Richard Ward, Member
Kenneth Edwards, Member
Mark McDonald, Member
Valerie Scopaz, Town Planner
Melissa Spiro, Planner
Holly Perrone, Secretary
Jane Rousseau, Secretary
Mr. Orlowski: Good evening, I would like to call this meeting
to order. First order of business at 7:30 p.m. Thomas W.
Russell, Jr. - This minor subdivision is for two lots on 2.22
acres located on Heathulie Avenue and Beach Avenue on Fishers
Island. SCTM # 1000-9-11-9.1. We have proof of publication
in the local paper and at this time 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, is anyone out there neither pro nor
con but may have information pertaining to this subdivision that
might be of interest to the Board? Hearing none, any questions
from the Board?
Board: No questions.
Mr. Orlowski: Being no further questions, I'll declare this
hearing closed. Does the Board have any pleasure?
Mr. Edwards: Mr. Chairman, I would like to offer the following
resolution.
WHEREAS, Thomas W. Russell, Jr. individually and as
ancillary executor of the Estate of Dorothy M. Russell, Dorothy
PLANNING BOARD
2
MARCH 11~91
R. Chapman and Judith R. Driscoll is the owner of the
property known and designated as SCTM # 1000-9-11-9.1, located
at Heathulie Avenue and Beach Avenue on Fishers Island; and
WHEREAS, this minor subdivision, to be known as Minor
Subdivision for Thomas W. Russell, Jr., is for two lots on 2.22
acres; and
WHEREAS,
setbacks, was
1988; and
a variance for insufficient lot area, depth and
granted by the Zoning Board of Appeals on June 2,
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
March 5, 1990; and
WHEREAS, a final public hearing ~s closed on said
subdivision application at the Town Hall, $outhold, New York on
March 11, 1991; and
WHEREAS, all the requirements of the Subdivision
Regulations of the Town of Southold have been met; and
now therefore, be it
RESOLVED, that the Southold Town Planning Board grant
conditional final approval on the surveys last dated December
28, 1990 and authorize the Chairman to endorse the final surveys
subject to fulfillment of the following condition. This
condition must be met within six (6) months of the date of this
resolution.
Submission of one additional final map containing
a valid stamp of Health Department approval.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
kyes: Mr. McDonald, Mr. Ward, Mr. Edwards,
Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? sO ordered.
Hearings Held Over From Previous Meetings:
Subdivisions - Final
PUBLISHER'S CERTIFICATE
State of Connecticut )
County of New London, ) ss. New London
Town of Southold
On this llth day of March
A.D. 19 9], personally appeared before the undersigned,
a Notary Public, within and for said County and State,
J.L. Zielinski, Legal Adv. Clerk
newspaper
London, State
states on oath,
Legal Adv.
of THE DAY, a daily
published at New London, County of New
of Connecticut, who being duly sworn,
that the Order of Notice irt the case of
873
day of March
a true copy of which
is hereunto annexed, was published in said newspaper in
its issues of the 28th
A.D. 19
days of_ Fe__bru__ar_y ,~-2p, 7 "~"
/i
/ ! / r n~ thl s
Subscribed and sv~o[h tcr~Sefo e e '. llth
A.D. 199L
Notary Public.
No(k-e of Publi~ He~'ing
~u~t ~ ~ 276 ~ ~e T~
~w,a ~ ~g ~ ~ld ~
~ To~ ~, ~ R~ ~d,
New Y~ ~ ~id T~ ~ ~ 11~
7:30 P.M. F~al a~roval of this
~ ~v~ ~ ~ W. R~-
State of New Y~. Suffo~ Co~ty
T~ ~ N~r. 1~9-11-9.1.
~e pmpe~y i~ borde~d ~ the
n~ ~ ~ ~w ~ f~y of ~-
a~th F. Hubbard; on the eaat by
Hea~ulie Avenue; ~ ~e ~ou~ by
B~ Avenue; ~ ~e west ~ land
now or fo~erly of Richard A. and
~ H~.
A~ ~ ~ to~h~ ~
~: ~m~ 26, 1991
BY O~ OF ~E
P~G BO~
~3-1~8
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
SHARON ROCK of Mattltuck, in
said County, being duly sworn, says that he/she Is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published et Mattltuck, 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 Mewspaper once each week for 1 weeks
successively, commencing on the 28 day of
FEBRUARY 19 91
Swom t~
day o~
COUNTYQF SUFFOLK
STALE OF NEW YORK
ss:
LEGALS NOT1CE
Notice of Public Hearing
NOT1CE IS HEREBY
G1VEN that pursuant to Section
276 of the Town Law, a public
bearing will be held by the
,";outhold Town Planning Board,
at the 'Ibw~ Hall, Main Road,
Southold, New York in said
Town on the llth day of March,
1991, on the question of the
follmvln~:
7:30 P.M. Final approval of
this minor subdivision for Tho-
mas W. Russell Jr. on Fishers
Island, at the ~own of Southold,
County of Suffolk and the State
of New York. Suffolk County
'Pax Map Number 1000-9-11-9.1.
The property is bordered on
~he north by land now or
Formerly of Elizabeth F. Hus-
band; on the east by Heathulie
Avenue; on the south by Beach
Avenue; on the west by land now
or formerly of Richard A. and
Martha Howard.
Any person desiring to be
heard on thc above matter
should appear at the time and
place specified.
Dated: February 26, 1991.
BY ORDER OF THE
SOUTHOLD TOWN
PLANNING BOARD
Bennett Orlowski Jr.
Chairman
IX, 2/28/91 (19)
Pat:cia Wood, being duly sworn, says that she is tbe
Editor, of FIlE LONG ISLAND TRAVELEt<-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is,3 printed copy,
I~as been puhlished in said Long Island l'raveler-Watchman
onc,' ouch week for. ..................... ~... week~
~ ~.~ ..... ~ .7. ~
. m-:::~ 7::..~-:~. : >. :~=:~
Swoln to bef'ole me this ............ ::,~.z;~-.. day of
........ ~ '~n~7 ..... 19 ?/
Notary Public
BAR[M~RA A, SCHNE1D~
NOTARY PUBLIC, Stat~ ~! I~ ¥~1~
No, 4806845
Qualified in Suffolk
Commission Expir~
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 26, 1991
SCOTt L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P,O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Stephen L. Ham III
Matthews & Ham
45 Hampton Road
Southampton, New York 11968
RE: Minor Subdivision for
Thomas W. Russell, Jr.
SCTM#1000-9-11-9.1
Dear Mr. Ham:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, February 25, 1991.
BE IT RESOLVED that the Southold Town Planning Board set
Monday, March 11, 1991 at 7:30 P.M. for a final public hearing
on the maps dated December 28, 1990.
Please contact this office if you have any further questions.
Very truly yours,
Bennett Orlowski, Jr. · >~
Chairman
SENDER:
SUBJECT:
SCTM#:
COMMENTS:
SUBMISSION WITHOUT COVER LETTER
,z- ?-7/
~ - 7 1991
lV[ATTHEW$ ~c I-IAI~I
ATTORNEYS AI~D COUNSELLORS AT LAW
45 HAMPTON ROAD
SOUTHAI~PTON, N.Y. 11968
February 14, 1991
Planning Board
Town of Southold
Main Road
Southold, NY 11971
Attn.: Melissa Spiro
1991
Re:
Minor Subdivision of
Thomas W. Russell, Jr.
SCTM # 1000-9-11-9.1
Dear Melissa:
In accordance with your request, I have enclosed
certified copies of the following documents which have been
recorded in the Office of the Suffolk County Clerk as indicated:
1. Declaration, dated August 9, 1990, recorded
October 12, 1990 in Liber 11150 page 367.
2. Deed to Lot # 1, dated August 9, 1990, recorded
January 18, 1991 in Liber 11207 page 001.
3. Deed to Lot # 2, dated August 9, 1990, recorded
January 18, 1991 in Liber 11207 page 005.
The deeds contain the covenants and restrictions regarding the
easement for the driveway required by the Planning Board and the
easement for water service required by the Health Department.
The Town and County Attorneys have reviewed and approved the
respective forms of easements.
Glenn Just will obtain the Health Department stamp of
approval on two additional paper prints and deliver them to you
in due course.
If you require any additional information before final
approval is granted, please give me a call.
Sincerely,
Stephen L. Ham, III
SLH: ja
Enclosures
cc: Glenn Just
(w/o enclosures)
~YTT
CONSULT YOUR LAWYER BEFORE SIGblING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
1120 ; g001
THi~ INDE31TURE., rode the
BE'I~/EKN
1586G
, nineteeu' hundred and ninety
THOMAS W. RUSSELL, JR., now residing at 53 East 66th Street, New York, N~w York
10021, individually and as executor of the Estate of Dorothy M. Russell,
DOROTHY R. CHAPMAN, now residing at 129 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRISCOLL, now residing at 19020 Coun~ Road #6, Plymouth
Minnesota 55447, '
party o£ the first part, and
DOROTHY R. CHAPMAN, nou residing at !29 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRISCOLL, now residing at 19020 Count~ Road #6, Plymouth,
Minnesota 55447, as tenants in common, each with an undivide~ one-half interest,
party o[ the second part,
WITNE--~F-TH, that the party of the first part, in cousideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second pan, the heirs
or successor~ and assig~s o[ the party of the second part forever,
A~ that certain plot, piece or parcel of land, with the buildings and improvmnents thereon ere~ed, situate,
lying and being in ll~e
See Schedule A annexed hereto
SUBJECT TO Declaration, dated August 9, 1990, recorded on October 12, 1990
in Liber 11150 Page 367.
. ' 1U863
REkL ESIAfE .- ,
18 1991 JAN 18 1991
lltAr,¢ c ~ fAX
:X MAP
.~NAT[ON
1000 TOGETIII~R wifl~ all rlgbt, ~ e ~ M ler~sl [ ~ny o[ lbe pauly o~ Ibc firsl part in a.d t9 a.y slreets ~nd
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 Cgu[t being a Court of Record) D? HEREBY CERTIFY that
I~ave com, par, ed the,~nnexed copy of /,.~..,, ~ ,
and that it is a ju~Jt and true cdpy of such original ~,z~,r-, ./(_ and
of the whole thereof. '
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County
and Court this / ,f day of
Form No, 104 /Jcl/ Clerk.
STATE OF NE~ YORK, COUI~y OF /' ss:
y of 1990 , before me
personall3/cazne
THOMAS W. RUSSELL, ,JR.
t~t me known to be the individual described in and who
eJtecuted the foregoing instrument, and'acknowledged that
he executed the same.
///~a ry Public
Notary Pd§ric, x~t~t~ 6~ New 'Yo~
No 3t-4?t3426
OuaJ~lfJe~[ iln New York County/,? .-~
S~ATE OF NEW YORK, COUNTY OF
On tim <lay of 19 , before mc
personally came
to me kuowo, who, being by me duly sworu, did depose and
say that he resides at No.
;
that he is the
of
, the corporation described
in and which executed the {oregoing instrument; that he
knows the seal of said corporatioo; that tbe 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.
o. the of rog0 , b fo e
persooally came
dUOll-tt R. DRI$COLL
to me known to ~ the individual described in and who
executed the foregoing instrument, and acknowledged that
she executed the same.
II lk ' l,[[ILt~L
J, $I[RWIIE H. FRIESEN ,~
NOTARY NJStlC--MINN£S0I.~ ~
HENNEPIN COUNTY ~
My C~mmi~lon Expim~ Nov. 17, 199,~ .~
m~m
Oo tim day of 19 , before me
personally came
tbe sobscribing wituess to tbe foregoing instr(nnent, with
whom I am persoually acquainted, who, being by me duly
sworo, did depose aod say tbat he resides at No.
that beknows ;
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that be, said witness,
at tile saute time subscribed h oame as witness thereto.
COl~Oflli.F_~,l.,~ll OF PEN, SYLVAIilA. COUNTY OF J~Grf~qg~P_q' ss:
On thel~ day of ~ , 1990, before me personally came
Dorothy R. Chapman, to me knwon to be the individual described in
and who executed the foregoing instrument, and acknowledged that
she executed the same. '-
'ITLE NO.
?HOMA8 ~. RU$SEhC, JR., lndiv±duall5
and as ExecutoP o£ Estate of DoPoth5
~. Russei1, DOROTHY R. CHAPMAN and
JUDITH R. DRISCOLL
TO
DOROTHY R. CHAPMAN and JUDITH R.
DRISCOLL, as tenants in common
S£CIlON 1000-09.00
BLOCK 011.00
LOT p/o 009.001
gRR~K~g TOWN Southold
T^X EII. I,ING ADDRESS
Recorded Al Request ol Ticor Title Guarantee Company
RETURN BY MAIL TO:
TICOR TITLE GUARANTEE
Stephen L. ttam, III
Matthews & Ram
45 Hampton Road
Southampton, NY 11968
Zip No.
S~IF_~ULE A
THCFIAS W. RUSSELL, JR., individually and as executor of the
Estate of Dorothy M. Russell, DOROIHY R. C~nA~HAN, and JUDITH
R. ERIS~OLL
DOROTHY R. (]{APMAN and JUDIq~{ R. EP~ISCOLL, as t~/k%nts ill
O~m,~n, each with an undivided one-ball interest
August 9, 1990
Ail that certain plot, piece or parcel of lard, with the buildings and
improv~_nts 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 northeasterly line of Beach Avenue ~t the
dividing line between the herein described paroel and land of Richard A. and
Martha Hovrard, said monument being located 97.44 feet North of a point which
is 2267.90 feet West of another mon%unent marking the United States Coast and
Geodetic Survey Triangulation Station "PROS"; and
RUNNING THENCE along land of Howard North 7 degrees 15 minutes 45 seconds East
194.82 feet to a monument;
THENCE still along the last mentioned land North 57 degrees 29 minutes 00
seconds West 58.88 feet to a monument and land of Elizabeth M.
THENCE
182.49
parcel
Thomas
along land of H,,~hand North 64 degrees 23 10inutes 10 seconds East
feet to a point at the dividing line-between the herein described
and other lands of.tthe party of the first part about to be conveyed to
W. Russell, Jr.;
THENCE along said other lands about to be conveyed to Russell the following
four (4) courses and distances:
(1) S~uth 25 degrees 36 minutes 50 seoonds East 61.52 to an iron pipe;
(2) South 3 degrees 29 ~inutes 50 seconds East 103.50 to an iren pipe;
(3) South 14 degrees 5 minutes 51 seconds East 79.76 feet to an iron pipe;
(4)
South 27 degrees 42 ~inutes 10 seconds East 123.91 feet to a point at
the northwesterly line of Beach Avenue;
TH~2qCE along the northwesterly line of Beach Avenue South 77 degrees 17
minutes O0 .seconds West 97.53 feet to a monument;
THENCE along the northeasterly line of Beach Avenue North 67 degrees 38
minutes 00 seconds West 166.90 feet to the monument set at the point or place
of BEGINNING.
TOGEI~ER WI'IH an easement and right-of-way for pedestrians and vehicles for
the benefit of and appurtenant to the above-described premises over and along
the existing driveway located on other premises of the party of the first part
adjoining the above-described pr~ses on the east for ingress and egress to
and frc~ Heathulie Avenue, said other pr~dses about to be conveyed to Thomas
W. Russell, Jr., provided, however, that such easement and right-of-way shall
cease and terminate on the first date that the above-described p,~.~ses and
said other premises about to be conveyed to Thomas W. Russell, Jr. are not
beth owned by persons who are direct descendants of Dorothy M. Russell,
deceased, late of West Hartford, Connecticut, who died on June 21, 1986 and
whose Ta~t Will and Testament w~s admitted to ancillary probate in the State
of New York on September 4, 1986 (Surrogate's Court of Suffolk County File No.
1572 P 1986).
The parties of the second part, their heirs, successors and assigns covenant
and agree that, upon the termination-of the aforesaid easement and right-of-
way, they shall construct a driveway on the westerly portion of the above-
described parcel for ingress and egress to and fi-~ Beach Avenue.
i1207t' 00,'ie
ALSO TOG~II~ER Will{ a pe~qmanent easement for the benefit of and appurtenant to
the above-described premisesl for the installation, connection, operation, flow
and passage, use, mainte~ance~ repair and replacement of the water service
llne over, under, through and across an easement area located on other
premises of the party of the first part adjoining the above-described premises
on the east, said other premises about to be conveyed to Thomas W. Russell,
Jr. Said easement area shall be ten feet in width and its center line shall
be the existing, line for water service to the above-described premises as the
~ extends frc(,i Heathulie Avenue across said other pr~,dses adjoining on the
east to the division line between the above-described pr~mises and said other
premises adjoining on the east.
ALSO T~'II{ER WI~! a permanent easement for the benefit of and appurtenant to
the above-described premises for the continued use and maintenance of any
public service utility lines that may cross other prem.{ses of the party of the
first part adjoining the above-described premises on the east, said other
premises about to be conveyed to Thomas W. Russell, Jr., and service the
above-described pre,rises.
NYTT
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THIS .INDF-.NTURF-~ made the ~ '~ ~4 day of )~0d4~,'3 T~ , nineteen hundred and ninety
BETWEEN
THOMAS W. RUSSELL, JR., now residing at 53 East 66th Street, New York, New York
10021, individually and as executor of the Estate of Dorothy M. Russell,
DOROTHY R. CHAPMAN, now residing at 129 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRISCOLL, now residing at 19020 Coun~F Road #6, Plymouth,
Minnesota 55447,
party o[the first pa~,and
THOMAS W. RUSSELL, JR., now residing at 53 East 66th Street, New York, New York
10021,
party of tim second part, ·
WITNF3S£TH, that the party of the first part, ill consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party o£ the second part, the heirs
or successors and assigns of the party of the second part forever,
that certain plot, piece or parcel of land, with the buildings and improvements thereon orected, situate,
lying and being in the
See Schedule A annexed hereto
SUBJECT TO Declaration, dated August 9, 1990, recorded on October 12, 1990
in Liber 11150 Page 367.
TAX MAP
I)ES}GNA'rION
Di~l. 1000
'FOGETIIER with all right, title and interest, if any, ol the party o[ the first part iu and to
STATE OF NEW YORK
County of Suffolk
/
Form No. 104
SS.:
, of Suffolk and Clerk of the Supreme Court of the State
RD P. ROMANE, CierkoftheCounty ......... a~n,n EREBYCERTIFYthat
I. EDWA ' nd for said County (said CPqrt being a t.,ou~o~ n~,u,,, ,.,--. H
of NewYorklna ...... f ;-.~ z.z¢,4.-- ., : ~f',~..,, //~o~ ~d.~
i~ave cu,,,~?,~, ..., Z; ,~¢..¢.~z,~.z/F//~9/~-..' '~ ~. and
and that it is a just anu .-.- C r~
of the whole thereOf.wHEREOF. { have hereunto set my hand and affixed the seal of said County
IN TESTIMONY 19 ~/
............... z{ ~./
Dorothy R,. /hapman .. ~'
Judith R. Driscoll
·
On' the ~y of / ~ 19 90 before me
personally came '
FHOM~S ~. ~USSELL,
to me known~to be the individual described in and who
executed the foregoi~ ins~ment, and' acknowledged that
he exect ted the s~
/ Ih,tary Public
malon ~plroa Oct 31,
STATE O1: NIIAf YORK, COUNTY OF ss:
On the day of 19 , before n,e
personally came
to me kuown, wllo, bein; by me duly sworn, did depose ami
say that he resides at
that he is the ;
of
the corporation described
in and which :xecuted II~e foregoing instrument; that he
knows the se;l of said :orporation; that the seal affixed
to said instrument is sl:h corporate seal; that it was so
affixed by order of tbe Loard of directors of said corpora-
tion, and that he signed h name thereto by,like order.
MIP~SOTA
STATE OF~ /X~",{:)~li~, COUNTY 01: H~'A/)~;~,~/ $,:
On the ~ ~y of ~ 1990 , ~fore me
personally c~e
JUDITH R. DRISCOLL
to me known to be the individual described in and who
executed tbe foregoing instrument, and acknowledged that
she executed the same.
~JOti~y Public
~,?~ STEPHANIE N. ~1£$£N
;TALE OF NEW YORK, COUNTY OF
On the day of 19 , before me
personally came
the snhscrihing witness to the foregoing instrument, wltb
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 indivldual
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.
~arllails anb
WIIH COVENANT AGAINSJ (]RANIOR'S ACIS
TITLE NO.
THOMAS W. RUs~LL, Jl~-= individually
CflIIqOflME~L,~H OF PENN_SYLVANIA, COUNTY OF ,~nC"~5-.~ ss:
On the 17~ day of ~'~ , 1990, before me personally came
Dorothy R. Chapman, to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged that
SECTION 1000-09.00
BLOCK" 011.00
LOT p/o 009.001
X'~(~L~X~TOWN Southold
and as Executor of Esi;ate of Dorothy
M. Russell, DO:{OTHY R CHAPMAN and
JUDIT]{ R. DR::SCOLL
TO
THOMAS W. RU~oLLL, JR.
TICOR TITLE GUARANTEE
Recorded At Request of Ticor Title Guarantee Company
RETURN BY MAIL TO:
Stephen L. Ham, III, Esq.
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
Zip No.
· -, .112077 007
S CI~IEI3LrI~ A
THC~4AS W. l~3E~qw.r.l., JR., individually and as executor of the
Estate of Dorothy M. Russell, DOROTHY R. C~/~%%N, and JUDIXH
R. E~RISCOLL
August 9, 1990
Ail 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 Stats of New York, moro particularly
bounded and d~cribed as follows:
B~GINNING at a monument on the southwesterly line of Heathulie Avenue at the
dividing line between the herein described parcel and land of Elizabeth F.
Husband; and
~UNNING THENCE along land of Hum~and South 64 degrees 23 l~inutes 10 seconds
West 78.59 feet to a point at the dividing line between t_he herein described
~arcel and other lands of the party of the first part about to be conveyed to
audith R. Driscoll and Dorothy R. (hapman;
TH~CE along said other la~i~ about to be conveyed to Driscoll and Chapman the
foll~qing four (4) courses a~d distances:
(1) South 25 degrees 36 minutes 50 seconds East 61.52 feet to an iron
pipe;
(2)
(3)
(4)
South1 3 degrees 29' minutes 50 seconds East 103.50 to an iron pipe;
South 14 degrees 5 ntlnutes 51 seconds East 79.76 to an iron pipe;
South 27 degrees 42 minutes 10 seconds East 123.91 feet to a point at
the northwesterly line of Beach Avenue;
THf~CE along the northwesterly line of Beach Avenue North 77 degrees 17
gJnutes 00 seconds East 65.01 feet to a monument;
THENCE, along said Avenue line North 26 degrees 02 minutes 30 seconds East
83.64 feet to a monument set at the intersection of the northwesterly line of
Beach Avenue and the sout~lwesterly line qf Heathulie Avenue;
~CE along the southwesterly line of Heathulie Avenue North 25 degrees 36
minut~ 50 seconds West 322.00 feet to the mont~ent set at the point or place
of B~SINNING.
S73B]ECP TO an ~t and right-of-way for pedestrians and vehicles for the
benefit of and appurtenant to other pr~mises of the party of the fi~t part
adjoining the above-described premises ~1 the west over and along the existing
driveway on the above-described pr~?'ses for ingress and egress to and f~
Heathulie Avei'~ue, said other pr~mlses'abcut to be conveyed to J~dith R.
Driscoll and Dorqthy R. Cha~an, .provided however, that such ~t and
right-of-way shall[ cease and terminate on the first date that the above-
described premi~i~ and said other p~,d.~es about to be conveyed to J~h ~
descendants of i~oror]]y M. Russell, deceased, late of West Hartford,
Connecticut, who. ¢~ied on June 21, 1986 ~m~d whose la.~t Will and Test~;~nt was
admitted to ancillary probate in the St!ate of New York on September i4, 1986
(Surrogate's Court of Suffolk County File No. 1572 P 1986). ,
ALSO SUBJECT TO a permanent eas~m~/-~t for the benefit of and appurtenant to
other premises of the part-y of li,~ firs~c part adjoining the above-described
premises on the west, said other pr~.~ses about to be convey .e~ to Judith R.
Driscoll and Dorothy R. Chapman, for the installation, connectzon, operation,
flow and passage, use, maintenance, ~pair and replacement of the water
service line over, under, through and across an easement area located on the
above-described premls~. Said easement ar~a shall be ten feet in width and
112037 00
its center line shall be the existing line for w~ter service to said other
premises adjoining on the west as the same extends ff~, Heathulie Avenue
au~uss the above-described premises ts the division line between the above-
described pr~mises and said other premises adjoining on the west.
ALSO SUBIECT TO a permanent ~m~_nt for the benefit of and aF~nant to
other pr~mises of the party of the first part adjoining the above-described
premises on the west, said other pr~mises about to be conveyed to J,~th R.
Drisooll and Dorothy R. Chapman, for the continued use and ~.aintenanoe of any
public service utility lines that ~ay uz~ss the above-described premises and
service said other premises adjoining on the west.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
January 15, 1991
Stephen L. Ham III
Matthews & Ham
45 Hampton Road
Southampton, New York 11968
RE:
Minor Subdivision for
Thomas W. Russell, Jr.
SCTM# 1000-9-11-9.1
Dear Mr. Ham:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, January 14, 1991.
BE IT RESOLVED that the Southold Town Planning Board grant
a six month extension of sketch approval from January 18, 1991
to July 18, 1991.
This is the last extension that the Planning Board will be
granting.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
Bennett Orlowski, Jr. / ~
Chairman
January 3, 1991
Planning Board
Town of Southold
Main Road
Southold, NY 11971
Re:
Minor Subdivision of Thomas
W. Russell, Jr.; SCTM #
1000 - 9 - 11 - 9.1
Dear Board Members:
By resolution adopted April 30, 1990, you extended the
date by which final maps had to be submitted to you for the
referenced minor subdivision to January 18, 1991.
While we believe we are close to obtaining Health
Department approval, the last obstacle to submission of final
maps, that Department is requiring my clients to file a
Declaration in which a water service easement is agreed to be
granted at the time either of the two lots is conveyed following
subdivision approval. Since we were only recently advised of
this requirement and since we will need the signatures of three
individuals who live in different areas, it is highly unlikely
that the requisite Health Department approval can be obtained in
time to submit final maps to you by January 18, 1991.
Based upon
further extension of
subdivision to April
the foregoing, we respectfully request a
your sketch plan approval of the referenced
18, 1991.
Thank you for your attention to this matter.
Very truly yours,
Ste~n L.L'
Ham, III
SLH: ja
- T 1991
Planning Board
Town of Southold
Main Road
Southold, NY 11971
Attn.: Melissa Spiro
MATTHEWS & t'IAM
ATTORNEYS AND COI/NSELLORS AT LAW
SOUTH~ON, N.Y. 11968
April 20, 1990
Dear Melissa:
Re: Minor Subdivision of Thomas W.
Russell. Jr.; SCTM # 1000-9-11-9.1
In connection with the referenced subdivision
application and in accordance with the Planning Board's letters
to me of January 19, 1990 (granting sketch plan approval) and
March 27, 1990 (adopting in part the report of the Suffolk County
Planning Commission), I have prepared and enclosed a proposed
Declaration of Covenants and Restrictions and proposed deeds to
the two lots.
Please review the enclosed documents with the Town
Attorney and advise me if any changes or additions will be
necessary. I will then proceed to obtain the requisite
signatures and to record the Declaration. (I assume you will
want to have the Declaration recorded prior to final approval and
to have the recording information noted on the map.)
You will note that the Declaration and the deeds are
set up for signature by the Estate of Dorothy M. Russell and her
children, the three beneficiaries of the Estate. The documents
have been so prepared because there were specific devises of each
dwelling in the Will (using the metes and bounds reflected on an
earlier survey). Moreover, as you may recall, the Zoning Board
required us to add to Lot # 2 so that it would not be less than
40,000 square feet, so the final configurations of the lots do
not match the descriptions in the Will. Making all interested
parties declarants and grantors should help to avoid any
potential title problems.
Finally, I have enclosed a letter requesting an
extension of the time to file final maps for this subdivision.
Stephen L. Ham,
III
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 1, 1990
SCOTr L. HARRIS
Supervisor
Town Hall, 53095Main Roar
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Stephen Ham III
45 Hampton Road
Southampton, NY 11968
RE: Minor Subdivision of
Thomas W. Russell, Jr.
SCTM# 1000-9-11-9.1
Dear Mr. Ham:
The following resolution was adopted by the Southold Town
Planning Board at a meetin~ held on Monday, April 30, 1990.
RESOLVED that the Southold Town Planning Board grant a six
month extension of sketch approval from July 18, 1990 to January
18, 1991.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
Planning Board
Town of Southold
Main Road
Southold, NY 11971
Attn.: Melissa Spiro
April 20, 1990
Re: Minor Subdivision of Thomas W.
Russell. Jr.; SCTM # 1000-9-11-9.1
Dear Melissa:
In connection with the referenced subdivision
application and in accordance with the Planning Board's letters
to me of January 19, 1990 (granting sketch plan approval) and
March 27, 1990 (adopting in part the report of the Suffolk County
Planning Commission), I have prepared and enclosed a proposed
Declaration of Covenants and Restrictions and proposed deeds to
the two lots.
Please review the enclosed documents with the Town
Attorney and advise me if any changes or additions will be
necessary. I will then proceed to obtain the requisite
signatures and to record the Declaration. (I assume you will
want to have the Declaration recorded prior to final approval and
to have the recording information noted on the map.)
You will note that the Declaration and the deeds are
set up for signature by the Estate of Dorothy M. Russell and her
children, the three beneficiaries of the Estate. The documents
have been so prepared because there were specific devises of each
dwelling in the Will (using the metes and bounds reflected on an
earlier survey). Moreover, as you may recall, the Zoning Board
required us to add to Lot # 2 so that it would not be less than
40,000 square feet, so the final configurations of the lots do
not match the descriptions in the Will. Making all interested
parties declarants and grantors should help to avoid any
potential title problems.
Finally, I have enclosed a letter requesting an
extension of the time to file final maps for this subdivision.
Enclosures
Sincerely,
Stephen 'r.. Ham,
III
IV[ATTtIE~7$ & I'IAM
ATTOI~NEYS A~D COUNSELLORS A~r LAW
45 HA~PTON ROAD
SOUTHAltPTOI~I, N. ¥. 11968
April 20, 1990
Planning Board
Town of Southold
Main Road
Southold, NY 11971
Re: Minor Subdivision of Thomas W.
Russell. Jr.I SCTM # 1000-9-11-9.1
Dear Board Members:
By letter dated January 19, 1990, you advised me that
sketch plan approval had been granted for the referenced
subdivision and that final maps must be submitted within six
months of that date.
Please extend the date by which final maps must be
submitted to October 19, 1990. While it is possible that all
prerequisites to filing may be satisfied by July, there may be
delays in obtaining Health Department approval due to the
difficulty in locating the sewage disposal systems on the subject
property. The additional three months requested should allow
ample time to obtain the required Health Department approval.
Thank you for your attention to this matter.
Very truly yours,
Stephen L. Ham, III
SLH: ja
DECLARATION
DECLARATION, made the day of , 1990, by Thomas
W. Russell, Jr., now residing at 53 East 66th Street, New York,
New York 10021, individually and as executor of the Estate of
Dorothy M. Russell, Dorothy R. Chapman, now residing at 129
Country Lane, Christiana, Pennsylvania 17509, and Judith R.
Driscoll, now residing at 19020 Country Road #6, Plymouth,
Minnesota 55447, 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 "Minor Subdivision
)ISTRICT Plan of Property on Beach Avenue & Heathulie Avenue, Fishers
000
Island, New York, made for Estate of Dorothy M. Russell", prepared
;ECTION
)9.00 by Chandler, Palmer & King, dated July 17, 1987, revised November
~LOCK 25, 1987, August 3, 1988 and April 12, 1988, which map is to be
)1t.00
filed in the offices of the Town Clerk and the Building Department
.0T
)09.001 of the Town of Southold and the Office of the Clerk of the County
of Suffolk, said real property being more particularly described
on Schedule A hereto; and
WHEREAS, the Estate of Dorothy M. Russell has made
application to the Planning Board of the Town of Southold for
approval of a minor subdivision to create two lots, to wit: Lot #
1 and Lot # 2 as shown on the above referred to map, which Lot # 1
and Lot # 2 are more particularly described on Schedule B hereto;
and
1
WHEREAS, for and in consideration of said granting of
approval, the Planning Board of the Town of Southold has deemed it
to be in the best interests of the Town of Southold and the owners
and prospective owners of said Lots that the within covenants and
restrictions be imposed on said Lots, and 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 Lots;
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, dlstributees, successors and
assigns, to wit:
1. That
no lot line shall be changed in the future
unless authorized by the Town of Southold Planning Board.
2. That all stormwater runoff resulting from the
development and improvement of this subdivision or any of its lots
shall be retained on the site by adequate drainage structures so
that it will not flow out onto the rights-of-way of Heathulie and
2
Beach Avenues.
3. That prospective owners of lots within this
subdivision are hereby advised that this subdivision is located
within one mile of Elizabeth Field and, therefore, may be
subjected to noise emanating from the facility and from aircraft
flying overhead or nearby.
4. That two triangular portions of Lot # 2 adjacent to
the intersection of the existing driveway on Lot # 2 with
Heathulie Avenue be maintained so that the maximum growth of
vegetation thereon shall not exceed 24 inches, said areas to be so
maintained being described as follows: (A) Beginning at a point
formed by the intersection of the southwesterly side of the
existing driveway with the southwesterly side of Heathulie Avenue;
and running thence southeasterly along the southwesterly side of
Heathulie Avenue a distance of sixty feet; thence northwesterly
through Lot No. 2 to a point on the southwesterly side of the
existing driveway, which point is fifty feet from the intersection
of the southwesterly side of the existing driveway with the
southwesterly side of Heathulie Avenue as measured along the
southwesterly side of the existing driveway; thence southeasterly
along the southwesterly side of the existing driveway fifty feet
to the point of beginning; and (B) Beginning at a point formed by
the intersection of the northeasterly side of the existing
driveway with the southwesterly side of Heathulie Avenue; and
running thence northwesterly along the southwesterly side of
Heathulie Avenue a distance of forty feet; thence southwesterly
3
through Lot No. 2 to a point on the northeasterly side of the
existing driveway, which point is sixty feet from the intersection
of the northeasterly side of the existing driveway with the
southwesterly side of Heathulie Avenue as measured along the
northeasterly side of the existing driveway; thence southeasterly
along the northeasterly side of the existing driveway sixty feet
to the point of beginning.
5. That these Covenants and Restrictions can be modified
only at the request of the then owners of Lot # 1 and Lot # 2
(except in the case of paragraph 4 above where the request of only
the then owners of Lot # 2 shall be required) 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 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.
Thomas W. Russell, Jr.,
individually and as executor of
the Estate of Dorothy M. Russell
Dorothy R. Chapman
Judith R. Driscoll
STATE OF NEW YORK )
COUNTY OF )
SS.:
On the day of , 1990, before me personally
appeared Thomas W. Russell, Jr., 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.
Notary Public
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF )
SS.:
On the day of , 1990, before me personally
appeared Dorothy R. Chapman, 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 same.
Notary Public
STATE OF MINNESOTA )
COUNTY OF )
SS.:
On the day of , 1990, before me personally
appeared Judith R. Driscoll, 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 same.
Notary Public
5
SCHEDULE A
Ail 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 northeasterly line of Beach
Avenue at the dividing line between the herein described parcel
and land of Richard A. and Martha Howard, said monument being
located 97.44 feet North of a point which is 2267.90 feet West of
another monument marking the United States Coast and Geodetic
Survey Triangulation Station "PROS"; and
RUNNING THENCE along land of Howard North 7 degrees 15
minutes 45 seconds East 194.82 feet to a monument;
THENCE still along the last mentioned land North 57
degrees 29 minutes 00 seconds West 58.88 feet to a monument and
land of Elizabeth F. Husband;
THENCE along land of Husband North 64 degrees 23 minutes
10 seconds East 261.08 feet to a monument on the southwesterly
line of Heathulie Avenue;
THENCE along the southwesterly line of Heathulie Avenue
South 25 degrees 36 minutes 50 seconds East 322.00 feet to a
monument set at the intersection of the northwesterly line of
Beach Avenue and the southwesterly line of Heathulie Avenue;
THENCE along the northwesterly line of Beach Avenue South
26 degrees 02 minutes 30 seconds West 83.64 feet to a monument;
THENCE still along the northwesterly line of Beach Avenue
South 77 degrees 17 minutes 00 seconds West 162.54 feet to a
monument;
THENCE along the northeasterly line of Beach Avenue North
67 degrees 38 minutes 00 seconds West 166.90 feet to the monument
set at the point or place of BEGINNING.
6
SCHEDULE B
Lot No. 1
Ail 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 northeasterly line of Beach
Avenue at the dividing line between the herein described parcel
and land of Richard A. and Martha Howard, said monument being
located 97.44 feet North of a point which is 2267.90 feet West of
another monument marking the United States Coast and Geodetic
Survey Triangulation Station "PROS"; and
RUNNING THENCE along land of Howard North 7 degrees 15
minutes 45 seconds East 194.82 feet to a monument; '
THENCE still along the last mentioned land North 57
degrees 29 minutes 00 seconds West 58.88 feet to a monument and
land of Elizabeth M. Husband;
THENCE along land of Husband North 64 degrees 23 minutes
10 seconds East 182.49 feet to a point at the dividing line
between the herein described parcel and Lot No. 2 described below;
THENCE along said Lot No. 2 South 25 degrees 36 minutes 50
seconds East 61.52 to an iron pipe;
THENCE still along said Lot No. 2 South 3 degrees 29
minutes 50 seconds East 103.50 to an iron pipe;
THENCE still along said Lot No. 2 South 14 degrees 5
minutes 51 seconds East 79.76 feet to an iron pipe;
THENCE still along said Lot No. 2 South 27 degrees 42
minutes 10 seconds East 123.91 feet to a point at the
northwesterly line of Beach Avenue;
THENCE along the northwesterly line of Beach Avenue South
77 degrees 17 minutes 00 seconds West 97.53 feet to a monument;
THENCE along the northeasterly line of Beach Avenue North
67 degrees 38 minutes 00 seconds West 166.90 feet to the monument
set at the point or place of BEGINNING.
7
Lot No. 2
Ail 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 southwesterly line of
Heathulie Avenue at the dividing line between the herein described
parcel and land of Elizabeth F. Husband; and
minutes
between
RUNNING THENCE along land of Husband South 64 degrees 23
10 seconds West 78.59 feet to a point at the dividing line
the herein described parcel and Lot No. 1 described above;
THENCE along said Lot No. 1 South 25 degrees 36 minutes 50
seconds East 61.52 feet to an iron pipe;
THENCE still along said Lot No. 1 South 3 degrees 29
minutes 50 seconds East 103.50 to an iron pipe;
THENCE still along said Lot No. 1 South 14 degrees 5
minutes 51 seconds East 79.76 to an iron pipe;
THENCE still along said Lot No. 1 South 27 degrees 42
minutes 10 seconds East 123.91 feet to a point at the
northwesterly line of Beach Avenue;
THENCE along the northwesterly line of Beach Avenue North
77 degrees 17 minutes 00 seconds East 65.01 feet to a monument;
THENCE along said Avenue line North 26 degrees 02 minutes
30 seconds East 83.64 feet to a monument set at the intersection
of the northwesterly line of Beach Avenue and the southwesterly
line of Heathulie Avenue;
THENCE along the southwesterly line of Heathulie Avenue
North 25 degrees 36 minutes 50 seconds West 322.00 feet to the
monument set at the point or place of BEGINNING.
8
NYTT.
TAX MAP
~ESIGNATION
~i~t. 1000
09.00
1~. 011.00
et(,): p/o
009.001
TH~ INDENTUREnmadethe day of , nineteen hundred and ninety
BETNW~N
THOMAS W. RUSSELL, JR., now residing at 53 East 66th Street, New York, New York
10021, individually and as executor of the Estate of Dorothy M. Russell,
DOROTHY R. CHAPMAN, now residing at 129 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRISCOLL, now residing at 19020 Country Road #6, Plymouth,
Minnesota 55447,
party ofthe first part, and
DOROTHY R. CHAPMAN, now residing at 129 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRISCOLL, now residing at 19020 Country Road #6, Plymouth,
Minnesota 55447, as tenants in common, each with an undivided one-half interest,
party of the second part,
WITNF.,~TH, that the party of the first part, in consideration of Ten Dollars and other 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,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon orected, situate,
lying and being in the
See Schedule A annexed hereto
TOGET}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
tlOLD 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 ot~
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The w'ord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHF_..R~OF, the party of the first part has duly executed this deed the day and year first above
written.
IN paES~NC~ OF:
Thomas W. Russell, Jr., individually and as
executor of Estate of Dorothy M. Russell
Dorothy R. Chapman
Judith R. Driscoll
T~i~AS W. lq~3SSk'Xx.~ JR., individually and as executor of the
Estate of Dorothy M. Russell, DOROTHY R. (~%~MAN, and JUDITH
R. E~ISCOLL
DOROTHY R. ~ and JUDITH R. ERISfI)LL, as tenants in
o~...on, each with an undivided one-half interest
Deed Dated: , 1990
All that certain plot, pieoe or parcel of land, with the build/rigs 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:
~EGINNING at a mor~m~nt c~ the nortb~terly line of Beach Avenue at the
dividing line between the herein described parcel and land of Richard A. and
Martha Howard, said monument being located 97.44 feet North of a point which
is 2267.90 feet West of a~other I~on%m~t marking the United States Coast and
Geodetic Survey Triangulation Station "PROS"; and
~LS~qING TH~qCE alc~g land of H~ward North 7 de~k~es 15 minutes 45 seconds F~t
194.82 feet to a monument;
TH~CE still along the last mentioned land North 57 degrees 29 minutes 00
seoonds West 58.88 feet to a monument and land of Elizabeth M.
TH~
182.49
al g i~ of }~.~ha~d North 64 degrees 23 minutes 10 seconds vast
feet to a point at the dividing i~ be~ the herein described
and other lands of the party of the fi~t part about to be conveyed to
W. Russell, Jr.;
TH~CE along said other lands about to be conveyed to Russell the following
four (4) courses and
(1) South 25 degrees 36 minutes 50 seconds East 61.52 te an iron pipe;
(2) South 3 degrees 29 minutes 50 seoonds East 103.50 to an iron pipe;
(3) South 14 degrees 5 m/nutes 51 seconds East 79.76 feet to an iron pipe;
(4)
South 27 degrees 42 m/nutes 10 seconds East 123.91 feet to a point at
the northwesterly line of Beach Avenue;
TH~CE along the northwesterly line of Beach Avenue South 77 degrees 17
minutes 00 seconds West 97.53 feet tea monument;
TH~C~ along the northeasterly line of Beach Avenue North 67 degrees 38
minutes 00 seconds West 166.90 feet to the mon%m~nt set at the point or place
of B~GI~ING.
TOu~.i~ER W±'l~{ an ~a~e~t and rig~t-of-way for ~i~ ~ v~icl~ for
~e ~fit of ~ ~ ~ ~e ~~ p~ ~ ~ ~o~
~e ~st~ ~iv~y 1~ ~ ~ p~,~ of ~e ~ of ~e f~t ~
adjo~ ~e ~~ p~-~,~ ~ ~ ~ for ~ ~ ~ ~
~ f~, H~ie A~e, ~id ~ p~ ~t ~ ~ ~ ~ ~
W. ~1, Jr., p~id~, h~, ~t ~ ~ ~ ri~t~f~y ~11
~ ~ ~ on ~e f~t ~ ~t ~e ~~~ pk~,~ ~
~id ~ p~ ~t ~ ~ ~ey~ to ~ W. ~1, Jr. ~ ~
~ ~ ~ ~ ~o ~ d~ d~ of ~y M. ~11,
d~, la~ of W~ ~fo~, ~i~, ~o di~ on J~ 21, 1986 ~
~ ~t Will ~ ~ ~ ~t~ ~ ~ill~ p~ ~ ~ S~
of N~ York ~ ~ 4, 1986 (~'s ~ of ~fo~ ~ File No.
1572 P 1986).
The parties of the second part, their heirs, successors and assigns covenant
and agree that, upon the t~rmi~ation of the aforesaid easement and right-of-
way, they shall construct a driveway on the westerly portion of the above-
described parcel for i~gress and egTess to ar~ f~L, Beach Avenue.
· STATE OE .EW YO.K. CO Ty OE ..
· STATE 01: ]~i~fX?~O~X, COU I:
On the day of 1990 , before me
personally came
THOMAS W. RUSSELL, JR.
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
he 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.
SS:
On the day of
personally came
JUDITH R. DRISCOLL
1990 , before me
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
she executed the same.
Notary Public
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
i execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
CO~O~dF_~LTH OF PEN#$YLV~IA, CQUN]~ OF ss:
On the day of , 19g0, before me personally came
Dorothy R. Chapman, to me knwon to be the individual described in
and who executed the foregoing instrument, and acknowledged that
she executed the same.
WI IH COVENANT AGAINST GR^N~ OR'$ AC~ S
TITLE NO,
THOMAS W. RUSSELL, JR., individually
and as Executor of Estate of Dorothy
M. Russell, DOROTHY R. CHAPMAN and
JUDITH R. DRISCOLL
TO
DOROTHY R. CHAPMAN and JUDITH R.
DRISCOLL, as tenants in common
Notary Public
SECTION 1000--09.00
BLOCK 011.00
LOT p/o 009.001
~I~Jt~TOWN Southold
TAX EtL[.ma ADDRESS
Recorded At Request of Ticor Ti0e Guarantee Company
RETURN BY MAIL TO:
Stephen L. Ham, III
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
Zip No.
NYTT
CONSULT YOUR LAWYER BEFORE SIGI~G THIS iNSTRUMENT THIS iNSTRUMENT SH~BE USED BY LAWYERS ONLY.
TH~ INDENTIJRF~madethe day of , nineteen hundred and ninety
BE~-KN
THOMAS W. RUSSELL, JR., now residing at 53 East 66th Street, New York, New York
10021, individually and as executor of the Estate of Dorothy M. Russell,
DOROTHY B. CHAPMAN, now residing at 129 Country Lane, Christiana, Pennsylvania
17509, and JUDITH R. DRISCOLL, now residing at 19020 Country Road #6, Plymouth,
Minnesota 55447,
party ofthe first part, and
THOMAS W. RUSSELL, JB., now residing at 53 East 66th Street, New York, New York
10021,
of the second part,
wrr~E.~ETH, that the party of the first part, in consider,atio,n of Ten Dollars a~nd o½?.er valua~e__co_.nsit~eff~r~
paid by the party of the second part, does hereby grant aha rmease unto toe party ut me seconu p~t, .......
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 in the
See Schedule A annexed hereto
TAX MAP
DESIGNATION
Dist. 1000
s~c. 09.00
BIk 011.00
Lot(s): p/o
009.001
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 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 ot~
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the 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 WITNF..SS WHF_.RF. OF, the party of the first part has duly executed this deed the day and year first above
written.
Thomas W. Russell, Jr., individually and as
executor of Estate of Dorothy M. Russell
Dorothy R. Chapman
Judith R. Driscoll
T~K~4AS W. 1H~;~.~., JR., individually and as executor of the
Estate of Dorothy M. Russell, DOROTHY R. (~5%PMAN, and JUDITH
R. E~tISOOLL
, 1990
Ail 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, moro particularly
bounded and described as follc~s:
B~GINNING at a m0~m~_nt on the southwesterly line of Heathulie Avenue at the
dividing line between the herein described parcel and land of Elizabeth F.
}~,~hand; and
~D/qNING TH~C~ along land of }~!.~ South 64 degrees 23 minutes 10 seconds
West 78.59 feet to a point at the dividing line between the herein described
parcel and other lands of tb~ party of the first part about to be conveyed to
Judith R. Driscoll and Dorothy R. Chapman;
TH~CE along said other lands about to be conveyed to Driscoll and Chapman the
following four (4) o~lrses and distances:
(1)
So~th 25 degrees 36 minutes 50 ~ w~t 61.52 feet to an iron
pipe;
(2) South 3 degrees 29 minutes 50 seoonds East 103.50 to an iron pipe;
(3) South 14 degrees 5 ~dn~t~ 51 seconds ~t 79.76 to a~ iron pipe;
(4)
South 27 degrees 42 minutes 10 seoonds East 123.91 feet to a point at
the northwesterly line of Beach Avenue;
TH~CE along the northwesterly line of Beach Avenue North 77 degrees 17
minutes 00 seconds East 65.01 feet to a monument;
TH~CE along said Avenue line North 26 degree~ 02 minutes 30 seconds East
83.64 feet to a monument set at the intersection of the northwesterly line of
Beach Avenue and the southwesterly line of Heathulie Avenue;
TH~qCE along the sout_hwestarly line of Heathulie Avenue North 25 degrees 36
minutes 50 seconds West 322.00 feet to the mon~_nt set at the point or place
of B~GINNING.
~ TO an -a.~ment and rig~t-of-way for pedestrians and vehicles for the
benefit of and appurtenant to other premises of the party of the first part
adjoining the above-described premises on the west over and along the existing
driveway on the above-described premises for ingress and egress to and
Heathulie Avenue, said other premises about to be conveyed to Judith R.
Driscoll and Dorothy R. (~ala~an, provided however, that such ~nent and
right-of-way shall c~-~e and terminate on the fi~t date that the above-
described p~e~ises and said other p£~.;dses about to be conveyed to Judith R.
descer~ants of Dorothy M. Russell, deceased, late of West Hartford,
Connecticut, who died on June 21, 1986 and whose Last Will and Testament was
admitt~ to ancillary probate in the State of New York c~ September 4, 1986
(Surrogate's Court of Suffolk County File No. 1572 P 1986).
/:T~,TE OF NEW YORK, CO~I~Ty OF
On the day of
personally came
THOMAS W. RUSSELL, JR.
19 90 before me
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
he 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 OF ~X~O~C, COUNT~
On the day of
personally came
JUDITH R. DRISCOLL
1990 , before me
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
she executed the same.
Notary Public
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.
CO~[~ONMEALTH OF PENNSYLVANIA, COUNll[ OF ss:
On the day of , 1990, before me personally came
Dorothy R. Chapman, to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged that
she executed the same.
WI IH COVENANT AGAINSI GRAN'IOR'S ACIS
TiTLe NO.
THOMAS W. RUSSELL, JR., individually
and as Executor of Estate of Dorothy
M. Russei1, DOROTHY R. CHAPMAN and
JUDITH R. DRISCOLL
TO
THOMAS W. RUSSELL, JR.
TICOR TITLE GUARANTEE
Notary Public
SECTION 1000--09.00
SLOCK 011.00
LOt p/o 009.001
X~X~ TOWN Southold
TAX BILLING ADDRESS
Recorded At Request o! Ticor Title Guarantee Company
RETURN BY MAIL TO:
Stephen L. Ham, III, Esq.
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
Zip No.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
SCOTr L. HARRIS
Supervisor
Fax(516) 765-1823
Telephone (516) 765-1800
PLANNING BOARD OFFICE
TOWN OFSOUTHOLD
March 27, 1~90
Stephen Ham III
Attorney At Law
45 Hampton Road
Southampton, NY 11968
RE:
Minor subdivision of
Thomas W. Russell, Jr.
SCTM# 1000-9-11-9.1
Dear Mr. Ham:
The following resolution was adopted by the $outhold Town
Planning Board at a meeting held on Monday, March 26, 1990.
RESOLVED to adopt the following from the February 8, 1990,
Suffolk County Planning Commission report (numbers correspond to
numbers in report):
1. Is to remain as written.
2 & 3. Are to be omitted.
Upon inspection, the Planning Board does not feel
that the short radius curve or the improved alignment
are necessary.
4 & 5. Are to remain as written.
6. Is to be omitted.
There are two existing residential dwellings on the
parcel.
Is to be revised to read: These covenants and
restrictions can be modified only at the request of
then 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
modification shall not be required.
Page 2
Thomas Russell
Is to remain as written with the addition of the Liber
and the page number.
Numbers 1,4,5 & 7 must be presented in a Declaration of
Covenants and Restrictions in proper legal form. A copy of the
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.
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.
Chairman
enc.
cc: Suffolk County Planning Commission
· COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
ARTHUR H. KUNZ
DIRECTOR OF PLANNING
March 8, 1990
Mr. Bennett Orlowski, Chairman
Town of Southold Planning Board
Main Road
Southold, New York 11971
Re:
Minor Subdivision - Thomas W. Russell, Jr.
Northwesterly corner of Heathulie Avenue and'Beach
Avenue, Fishers Island, New York.
T.P.I.N. 1000-009-11-9.1
Dear Mr. Orlowski:
The Suffolk County Planning Commission at its regular meeting on
March 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor
Subdivision - Thomas W. Russell, Jr." 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 the future unless authorized by the
Town of Southold Planning Board.
2¸,
A short radius curve, preferably with a radius no greater than 20
feet, shall be provided at the'corner of Heathulie Avenue and Beach
Avenue to facilitate turns at the corner and to enhance the
streetscape.
The alignment of Beach Avenue 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.
Ail stormwater runoff resulting from the development and improvement
of this subdivision or any of its lots shall be retained on the site
by adequate drainage structures so that it will not flow out onto the
rights-of-way of Heathulie and Beach Avenues.
Page -2-
...................................... .....................................
5. Ail prospective owners of lots within this subdivision shall be
advised that this subdivision is located within one mile of Elizabeth
Field and, therefore, may be subjected to noise emanating from the
facility and from aircraft flying overhead or nearby.
6. Any new residential structure that is erected within this subdivision
shall be constructed using materials and techniques that will reduce
interior noise levels in accordance with t'he recommendations of the
Department of Housing and Urban Development or other authority that has
promulgated standards for reduction of interior noise levels.
7. Conditions 1, 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 onZy 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.
8. 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 wfll be available to the general public in
a central office of official records.
Very truly yours,
File: S-SD-90-05
CGL:mb
Encl.: Map
cc: R. Villa, P.E., SCDHS
Arthur H. Kunz
Director of Planning
Charles G. Lind, Chief Planner
Subdivision Review Division
DEPARTMENT OF PLANNING
C-~JNTY OF SUFFOLK
PATRICK G, HALPIN
ARTHUR H, KUNZ
DIRECTOR OF PLANNING
March 8, 1990
Mr. Bennett Orlowski, Chairman
Tow~ of Southold Planning Board
Main Road
Southold, New York 11971
Re:
Minor Subdivision - Thomas W. Russell, Jr.
Northwesterly corner of Heathulie Avenue and Beach
Avenue, Fishers Island, New York.
T.P.I.N. 1000-009-11-9.1
Dear Mr. Orlowski:
The Suffolk County Planning Commission at its regular meeting on
March 7, 1990, reviewed the proposed subdivision plat, entitled, '~inor
Subdivision - Thomas W. Russell, Jr." 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 the future unless authorized by the
Town of Southold Planning Board.
A short radius curve, preferably with a radius no greater than 20
feet, shall be provided at the corner of Heathulie Avenue and Beach
Avenue to facilitate turns at the corner and to enhance the
streetscape.
The alignment of Beach Avenue 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.
All stormwater runoff resulting from the development and improvement
of this subdivision or any of its lots shall be retained on the site
by adequate drainage structures so that it will not flow out o~[~ the
rights-of-way of Heathulie and Beach Avenues.
1990
Page -2-
5. All ...... ...... .............................
All prospective owners of lots within this subdivision shall be
advised that this subdivision is located within one mile of Elizabeth
Field and, therefore, may be subjected to noise emanating from the
facility and from aircraft flying overhead or nearby.
6. Any new residential structure that is 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 I, 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 Soutbold 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.
8. 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.
Very truly yours,
File: S-SD-90-05
CGL:mb
Encl.: Map
cc: R. Villa, P.E., SCDHS
Arthur H. Kurtz
Director of Planning
by_ '-:, ~.,~ ~
Charles O. Lind, Chief Planner
Subdivision Review Division
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 6, 1990
SCOTFL. HARRIS
Supervisor
Fax (516) 765-1823
Telephone (516) 765-1800
Stephen Ham III
Attorney At Law
45 Hampton Road
Southampton, NY 11968
RE:
Minor Subdivision of
Thomas W. Russell, Jr.
SCTM# 1000-9-11-9.1
Dear Mr. Ham:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, March 5, 1990.
RESOLVED that the Southold Town Planning Board, acting
under the State Environmental Quality Review Act, make a
determination of nQ~-significance, and grant a Negative
Declaration.
Enclosed pleas~ find a copy of the Negative Declaration for
your records.
Very truly yours,
Bennett Orlowski, Jr. ~ ' ~
Chairman
Encl.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTt L. HARRIS
Supervisor
Fax (516) 765-1823
Telephone (516) 765-1800
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
March 6, 1990
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmental Quality
Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined
that the proposed action described below will not have a significant
effect on the environment and a Draft Environmental Impact Statement
will not be prepared.
Name of Action: Thomas W. Russell, Jr. Minor Subdivision
SCTM#: 1000-9-11-9.1
Location:
The northwest corner of Beach Avenue
and Heathulie Avenue
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
Minor Subdivision of 2.22 acre parcel into two lots of 1.3 acres
and 0.92 acres. Parcel is in R80 zone, however, the Zoning
Board of Appeals granted variances for insufficient lot area,
depth and setbacks on June 2, 1988.
Reasons Supporting This Determination:
An Environmental assessment has been submitted, and reviewed.
This Board has 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 correspondence received from the
New York State Department of Environmental Conservation in
the allotted time, it is assumed that there are no comments
or objections from that agency.
For Further Information:
Contact Person: Melissa Spiro
Address: Planning Board
Telephone Number: (516) 765-1938
cc:
Suffolk County Department of Health Services
Suffolk County Planning Commission
Dave Morrell, DEC Commissioner
Judith Terry, Town Clerk
Applicant
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
,19qO
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:
S.C.D.P.W. Tope No.:
S.C. Tax Map No.: lcco -
Major Sub. Minor Sub.
_ Hamlet/Locality
Zoning
,~ Site Plan
Cluster
MATERIAL SUBMITTED:
~\ x/4~3
P~_e~iminary Plat (3 copies) /~ Road Profiles
Drainage Plans (1) Topogroaphical Map (1)
Site Plan (1) Grading Plan (1)
(i)
Other materials (specify and give number of copies)
Waiver of Subdivision Requirements - See attached sheet
CONTINUED
REFERRAL CRITERIA:
SEQRA STATUS:
project is an x~_~ist(~Un~ (Type I) (Type II) Action.
1.
The
2. A (Negative Declaration) (Positive Declaration)
(Determ. of Non-Significance) has been adopted by the
Planning Board.
3. E.I.S. statement enclosed. (yes)
4. The proposed divisio~ 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,
BENNETT ORLOWSKI , JR.
CHAIRMAN
,I
A E'-WAE [~5~'05kL- EXISTIk~4
ON SITE.
I~, Wh,TE[ 5E~,'ICE-.- Wd, llO
LIOTF-~ ' fE~ TAT E OF
SOUTHOLD TOWN
PLANNING BOARD
4-5 ~4~,W FT~ ,~N ~'$A:~ SD Cf'P, aJYTO Pu t4, y.
MIKIOI~ SLJBDIVI$IO~4 PLAN OF F'E. OF -~..ETY
Ol'-t ~)E',Z:-.C.H AVEkI'UE_ 4¢ ME,LTFtL]LI£
f. SUBDIYIbF-C THOMAS W. ICIJs%dLL, JIC.~ EXEC.
8. BITE b t,ITHE l'¢Vb"~ OFSDUTHCLD, Cz?UklT'(D?
S,
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:
Minor Subdivision of
Dorothy M. Russell
SCTM~ 1000-9-11-9.1
Dear Mr. Ham:
The following resolutions were duly adopted by the Southold
Town Planning Board at a meeting held on January 18, 1990.
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 makes an initial
determination of non-significance.
RESOLVED that the Southold Town Planning Board grant sketch
approval on the map dated August 3, 1988.
Sketch plan approval is conditional upon submission of
final maps within six months of the date of sketch approval,
unless an extension of time is requested by the applicant, and
g~anted by the Planning Board.
Please note that five (5) paper prints and two (2) ~ylars
of the final map, containing a current stamp of Health
Department approval, must be submitted before a final public
hearing will be set.
The Planning Board is requiring that a Declaratio~ of
Covenants and Restrictions be filed stating that:
The cleared area at-the end of the driveway with
access to Heathulie Avenue is to be maintained
with a maximum growth of 24 inches.
A new driveway with access to Beach Avenue at the
western most end of the property is to be constructed
when either Lot No. 1 or No. 2 is sold or otherwise
transferred to anyone who is not a direct descendant
of Dorothy M. Russell.
Access to Lot 1, over the existing driveway on Lot
No. 2 is to be included in the deeds for both parcels.'
Deeds granting this access are to be recorded within
one month of the date of approval of the subdivision.
When either No. 1 or Lot 2 is sold or otherwise
transferred to anyone who is not a direct descendent
of Dorothy M. Russell, the deeds are to be revised to
eliminate the access for Lot No. 1 over the existing
driveway on Lot No. 2, as access for Lot No. 2 will
be provided via Beach Avenue.
Please note that the Planning Board has referred this
subdivision to the Suffolk County Planning Commission for their
review. You will be notified should the Suffolk County Planning
Commission require additional Covenants and Restrictions. For
that reason, a draft Declaration of Covenants and Restrictions
should be submitted after the Planning Board has reviewed the
Suffolk County Planning Commission report.
Please do not hesitate to contact this office if you have
any questions regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
Encl.
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
Re:
December f& , 1987 <'~ ..........
Minor Subdivision;
Estate of Dorothy M. RUssell
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and'its
referral '~o the Suffolk County Planning Commission:
(1)
No grading, other than foundation excavation for a
residential building is proposed.
(2)
No new roads are propoSed and no changes will be made in
the grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
ESTATE OF DOROTHY M. RUSSELL
By I~--,....,--- ~ ,
Thomas W. Russell, Jr.,
Executor
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .iR.
JOSEPH H. SAWICK[
Southold Town Board o£ Appeals
MAIN ROAD-STATE ROAD 25
AUG I l i~88
SOU1HO~ TOWN
PLANNING BOARD
SOUTHDLD, L.I., N.Y. 119'71
TELEPHONE (518) 765-1809
ACTION OF THE BOARD OF APPEALS
Upon application of the ESTATE OF DOROTHY M. RUSSELL for
Variances to the Zoning Ordinance, Articl~ III, Section 100-31,
Bulk Schedule, for: (a) approval of insufficient area of
proposed Lots #1 and #2; (b) approval of insufficient lot depth
of proposed Lot #2; (c) approval of yard setbacks as apply from
the new division line to the existing dwellings. Location of
Property: North Side of Beach Avenue and West Side of Heathulie
Avenue, Fishers Island, NY; County Tax Map Parcel No.
1000-009-011-9.1 (prey. 9), containing 2+- acres.
WHEREAS, a public hearing was held and concluded on June 2,
1988 in the Matter of the Application of the ESTATE OF DOROTHY M.
RUSSELL under Appeal No. 3730; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
'WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning~ and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the "A"
Residential and Agricultural Zoning District along the north side
of Beach Avenue and the west side of Heathulie Avenue in the
Hamlet of Fishers Island, Town of Southold, containing a total
area of two acres, more or less.
2. The subject premises is improved with two single-family
dwellings and accessory building, all as shown on the map amended
April 12, 1988 prepared by Chandler, Palmer & King, Surveyors,
and is identified on the Suffolk County Tax Maps as District
1000, Section 009, Block 011, Lot 009.1 (previously 9).
~age 2 - Appl. No. 373~m
Matter' of ESTATE OF DOROTS~M. RUSSELL
Decision Rendered July 14, 1988
3. The subject premises was conveyed to Dorothy M. Russel
May 4, 1982 from her husband, (Liber 9189 cp 570), and no
conveyances have been found of record since that date.
4. By this application, appellant requests approval of the
insufficient lot area of proposed Lot #2 of .88 of an acre and
Lot #1 of 1.34 acre(s), insufficient average lot depth of 88+-
feet and 207.49 feet of Lots #2 and #1, respectively, and
insufficient setbacks of the existing buildings to the proposed
division line as shown on the Map amended April 12, 1988,
prepared by Chandler, Palmer & King.
5. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft.,
minimum lot depth of 250 feet, and minimum frontyard setback at
60 feet and rearyard setback at 75 feet. The percentage of
relief requested in relation to these requirements is
substantial, at an average of approximately 50%.
6. Article III, Section 100-31 excepted those lots having a
lot area of less than 80,000 sq. ft. that were "held in single
and separate ownership prior to November 1971, and there-
after," or were approved by the Planning Board prior to May 20,
1983. The record shows that these parcels were not held in
single and separate ownership, although the two single-family
dwellings were in existence and occupied prior to the May 20,
1983 increase in lot area requirement. Certificate ~Z16949 dated
June 2, 1988 has been submitted and made a part of the record.
7. No prior appeals have been-found of record concerning
these premises.
8. In considering this appeal, the Board also finds and
determines: (a) the practical difficulties claimed are
sufficient to warrant a grant of this variance; (b) that the
circumstances are unique to the property and are not shared by
other properties in the neighborhood; (c) there will be no
substantial change in the character of the neighborhood or
detriment to adjoining properties; (d) that there will not be
any increase in dwelling density since each lot will contain a
single-family dwelling and no additional dwelling(s) will be
constructed; (e) the relief requested is substantial in
relation to the current lot size requirement; (f) that the
difficulties cannot be obviated by some method feasible for
appellants to pursue, other than a variance; (g) that the
~age 3. - Appl. No. 3730~
M~tter of ESTATE OF DoRoT~f M. RUSSELL
Decision Rendered July 14, 1988
relief requested is the minimal necessary under the
circumstances; (h) that in view of the manner in which the
difficulties arose and in considering all the above factors,
interests of justice will be served by the grant of this
variance, as further noted below.
the
Accordingly, on motion by Mr. Goehringer,
Mr. Sawicki, it was
seconded by
RESOLVED, to GRANT the Variances requested under Appeal No.
3730 in the Matter of the Application of the ESTATE OF DOROTHY
RUSSELL as to the insufficient lot area, depth, and setbacks of
existing buildings from the proposed division line as shown on
the Map amended April 12, 1988, prepared by Chandler, Palmer &
King, provided that proposed Lot #2 contains a lot area of not
less than 40,000 sq. ft., Lot #1 contain an area of not less than
1.30 acres, and subject to approval by the Southold Town Planning
Board as required by the Subdivision Regulations (Chapter A106)
of the Code of the Town of Southold.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent
due to poor weather conditions.) This resolution was duly
adopted.
lk
GERARD P. GOEHRINGER
CHAIRMAN
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
I£L£PHONE
(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:
Minor Subdivision of
Dorothy M. Russell
SCTM~ 1000-9-11-9.1
Dear Mr. Ham:
The following resolutions were duly adopted by the Southold
Town Planning Board at a meeting held on January 18, 1990.
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 makes an initial
determination of non-significance.
RESOLVED that the Southold Town Planning Board grant sketch
approval on the map dated August 3, 1988.
Sketch plan approval is conditional upon submission of
final maps within six months of the date of sketch approval,
unless an extension of time is requested by the applicant, and
granted by the Planning Board.
Please note that five (5) paper prints and two 2) mylars
of the final map, containing a current stamp of Health
Department approval, must be submitted before a final public
hearing will be set.
The Planning Board is requiring that a Declaration of
Covenants and Restrictions be filed stating that:
1. The cleared area at-the end of the driveway with
access to Heathulie Avenue is to be maintained
with a maximum growth of 24 inches.
2. A new driveway with access to Beach Avenue at the
western most end of the property is to be constructed
when either Lot No. 1 or No. 2 is sold or otherwise
transferred to anyone who is not a direct descendant
of Dorothy M. Russell.
Access to Lot 1, over the existing driveway on Lot
No. 2 is to be included in the deeds for both parcels.
Deeds granting this access are to be recorded within
one month of the date of approval of the subdivision.
When either No. 1 or Lot 2 is sold or otherwise
transferred to anyone who is not a direct descendent
of Dorothy M. Russell, the deeds are to be revised to
eliminate the access for Lot No. 1 over the existing
driveway on Lot No. 2, as access for Lot No. 2 will
be provided via Beach Avenue.
Please note that the Planning Board has referred this
subdivision to the Suffolk County Planning Commission for their
review. You will be notified should the Suffolk County Planning
Commission require additional Covenants and Restrictions. For
that reason, a draft Declaration of Covenants and Restrictions
should be submitted after the Planning Board has reviewed the
Suffolk County Planning Commission report.
Please do not hesitate to contact this office if you have
any questions regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman '
Encl.
Town Hall. 53095 MaiH Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
($16) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
1990
RE: Lead Agency Coordination Request
Dear Reviewer:
The purpose of this request is to determine under Article 8
(State Environmental Quality Review Act-SEQRA) of the Environmental
Conservation Law and 6 NYCRR Part 617 the following:
1. Your jurisdiction in the action described below;
2. Your interest in assuming the responsibilities of lead
agency; and
3. Issues of concern which you believe should be evaluated.
Enclosed please find a copy of the proposal and a completed
Environmental Assessment Form (EAF) to assist you in your response.
Project Name: _/'~,noc ~u~&~0~%:~ ~
Requested Action:
SEQRA Classification: ( ) Type I
(>~) Unlisted
Contact Person:
(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.
Sincerely,
Bennett Orlowski, Jr.
Chairman
B~-~-~ s
Buil~in~ D~p&rtment
~Suffolk County Dept· of Health Services
~NYSDEC - Stony Brook ~ISDEC Aib~f
S.C. Dept. cf ~ublie-Wc~_ks
U.S. Army Ccrp ~£ E~,gincc~s
* Maps are enclosed for your review
Coordinating agencies
~OI~¢T ~.O. NU~a~
NEW YO~K STATE DEPA~Tt'~ENT OF ENVIRONMI[NTAL CONSERVATION
· DW~SION OF REGULATORY AFFAIRS
State Envlronmonf-I Qu~llty Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
Project Information (To be completed by Applicant or Project sponsor)
ESTATE OF DOROTHY M. RUSSELL
:. ,roi~c,N,moMinor Subdivision of
Estate of Dorothy M. Russel'l
~..roi.t ~o~,,~o.: Town o f
M.n~c~.,,~ Fishers Island - Southold cou.. Suffolk
4. Is proposed action:
[] New [] Expansion [] Modification/alteration
division into two lots of property devised by Will
to effect intention of testator
northwest corner of intersection of Beach Avenue and Heathulie
Avenue, Fishers Island, Town of Southold, New York
I.itiaIIv __2_.__22+ .,. Ul,im,,e~y 2 . 22+ acres
[] Yes -~ No IfNo. describebrief[y two preexisting single-family dwellings are
located on one conforming lot under current zoning; upon subdivision,
each dwelling will be located on a nonconforming lot
~ Yes ~ No If yes. llst agency,) and pe~m~Uapprovals
Variances fo~ substandard lots will be required from the Zoning
Board of Appeals
~ Yes ~ NO I[ yes, Est agency name and permi~approval type
I CERTIFY THaT TIlE IN~ORMATJO~ PROVIDED A~OVE IS [RUE TO THE UEST OF MY KNOWL~DC~
oa,e:12//b/87
ESTATE OF DOROTHY M.' RUSSELL
If the action is in tho Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PLANNING BO _
Southold Town Planning Board
Town Hall
Southold, New York 11971
Re:
December f& , 1987
Minor Subdivision;
Estate of Dorothy M. Russell
Gentlemen:
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral ~o the Suffolk County Planning Commission:
(1)
No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads are proposed and no changes will be made in
the grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
ESTATE OF DOROTHY M. RUSSELL
~hxeOmcau~:orW. Russell, Jr.,
ffHol. I) TOWN
NfllNG BOARD
NEW YORK STATE DI[PARTMI[NT OF ENVIRONMENTAL CONS[RVATION
. DIVISION el: RECULATORY AFFAIRS
State Environmental Quality Review
' SHORT ENVIRONMENTAL ASSESSMENT FORM
~ For UNLISTED ACTIONS Only
PART I Project Information (To be completed by ^ppiicant or Project sponsor]
1. ApplicantJsponsor J 2. Project Name [vJinor Subdivision
ESTATE OF DOROTHY M. RUSSELL J Estate of Dorothy M. Russ
3. Project location: Town o f
M.n~a0~ Fishers Island - Southold coun~ Suffolk
J~] New [] Exgan,ion [] ModificatloA/alteration
division into tWO lots of property devised by Will
to effect intention of testator
northwest corner of intersection of Beach Avenue and Heathu
Avenue, Fishers Island, Town of Southold, New York
7. Amoun~ oJ [and affected:
~.i~,~ ~_. 22~ ~,~, Ultimately 2 . 22~ ~,~,
~ Yes ~ No IfNo. describebrie~ly two preexisting single-family dwelling
located on one conforming lot under current zoning; upon subdiv~
each dwelling will be located on a nonconforming lot
Variances for substandard lots will be required from the Zoni~
Board of Appeals
Appl,can[/sp .......... ESTATE OF DOROTHY M.' RUSSELL Oate:12/
the action is in the Coastal Area, and you are a state agency, complete th=
Coastal Assessment Form before proceeding with this assessment
OVER
~IAT T H E W $ &
January 4, 1990
Planning Board
Town of Southold
Town Hall
Main Road
Southold, NY 11971
Attn.: Melissa Spiro
Re:
Minor Subdivision for
Estate of Dorothy M. Russell
[SCTM # 1000-9-11-9.1)
Dear Melissa:
In accordance with your request,
perimeter description of the premises subject
minor subdivision application.
I have enclosed a
to the referenced
Also, I have confirmed with Mr. Russell that the Estate
has no objection to limiting the proposed driveway for Lot No. 1
to the general area along land of Howard as indicated on the
sketch you sent us in late 1988.
If you need any further information or documentation
before the review of this application can be resumed, please give
me a call.
Sincerely,
SLH: ja
Enclosure
Stephen L. Ham, III
JAN - 5 Ig90
SOU'[llg .;, :~
PLANNINL,~. '
Perimeter Description of Premises at
Heathulie Avenue and Beach Avenue
Owned by Estate of Dorothy M. Russell
(SCTM # 1000-9-11-9.1)
Ail 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 northeasterly line of Beach
Avenue at the dividing line between the herein described parcel
and land of Richard A. and Martha Howard, said monument being
located 97.44 feet North of a point which is 2267.90 feet West of
another monument marking the United States Coast and Geodetic
Survey Triangulation Station "PROS"; and
RUNNING THENCE along land of Howard North 7 degrees 15
minutes 45 seconds East 194.82 feet to a monument;
THENCE still along the last mentioned land North 57
degrees 29 minutes 00 seconds West 58.88 feet to a monument and
land of Elizabeth F. Husband;
THENCE along land of Husband North
10 seconds East 261.08 feet to a monument
line of Heathulie Avenue;
64 degrees 23 minutes
on the southwesterly
THENCE along the southwesterly line of Heathulie Avenue
South 25 degrees 36 minutes 50 seconds East 322.00 feet to a
monument set at the intersection of the northwesterly line of
Beach Avenue and the southwesterly line of Heathulie Avenue;
THENCE along the northwesterly line of Beach Avenue South
26 degrees 02 minutes 30 seconds West 83.64 feet to a monument;
THENCE still along the northwesterly line of Beach Avenue
South 77 degrees 17 minutes 00 seconds West 162.54 feet to a
monument;
THENCE along the northeasterly line of Beach Avenue North
67 degrees 38 minutes 00 seconds West 166.90 feet to the monument
set at the point or place of BEGINNING.
December 19, 1989
Planning Board
Town of Southold
Main Road
Southold, NY 11971
Re:
Minor Subdivision for the
Estate of Dorothy M. Russell;
SCTM # 1000-9-11-9.1
growth,
stated
differs
be the
a declaration calling for such construction upon the transfer of
one of the lots outside the Russell family.
Dear Board Members:
My client, Thomas W. Russell, Jr., executor of the
Estate of Dorothy M. Russell, has now discussed your letter of
August 4, 1989 with his two sisters, the other beneficiaries of
the Estate, and has asked me to write to you with two further
proposals.
1. In accordance with your letter of August 4, 1989,
Mr. Russell and his sisters (or Mr. Russell on behalf of the
Estate) will record a declaration containing a covenant to
maintain the cleared area at the end of the existing driveway to
a maximum growth of 24 inches.
2. The declaration will contain a further covenant to
construct a new driveway on Lot No. 1 when either Lot No. 1 or
Lot No. 2 is sold or otherwise transferred to anyone who is not a
direct descendant of Dorothy M. Russell. The new driveway would
be sited at either of the two approximate locations shown on the
enclosed sketch. An easement will be created giving access to
Lot No. 1 over the existing driveway on Lot No. 2. The easement
will be terminated upon any transfer that would require the
construction of a driveway on Lot No. 1.
Subject to your approval of the maximum height of
the first proposal obviously satisfies the requirement
in your letter of August 4, 1989. The second proposal
in that the condition to subdivision approval would not
immediate construction of a driveway but the recording of
Continued
Planning Board
Town of Southold
Page 2
December 19, 1989
We believe that the second proposal strikes an
appropriate balance between the planning needs of the community
and the rights of the individual owners. We appreciate that,
from a planning point of view, separate accesses for separate
lots are highly desirable. However, we ask you to keep in mind
that this is not a case where two vacant building lots are being
created. This subdivision will have no impact on the current use
of this property for two existing single-family dwellings.
Moreover, a common driveway has always served both dwellings and
could continue to do so even if the subdivision application is
withdrawn or denied. While constructing a separate driveway may,
in the abstract, represent sound planning policy, the realities
present here suggest that the burden on the owner of doing so
should be given at least equal weight with that policy.
Furthermore, a delay in the construction of the
driveway to the date either of the lots is transferred out of the
Russell family would advance the interests of both the Town and
the Russell Estate. For its benefit, if the subdivision
application is pursued, the Town will have assurance that the
area at the foot of the driveway will be kept clear and that a
new driveway will eventually be built, assurance that it does not
now have and might not ever have if the subdivision application
is abandoned. For its benefit, the Russell Estate will be able
to proceed with the subdivision so that the intentions expressed
in the Will of Dorothy M. Russell can be carried out (i.e. that
one of the dwellings pass to her daughters and the other to her
son) without undue current expense.
Thank you for your consideration of these proposals.
If we can provide any further information or documentation
(including a proposed declaration), please let me know. Also,
please be advised that Mr. Russell and I would be happy to meet
with you or your staff to discuss this matter in greater detail
if you believe that would be helpful.
Very truly yours,
Stephen L. Ham, III
SLH:ja
Enclosure
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
($16) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Stephen L. Ham, IIi
~4atthews & Ham
~5 Hampton Road
Southampton, New York
11968
Minor Subdivision for the
Estate of Dorothy Russell
SCTM~ 1 ~
000-9-~1-9.1
Dear Mr. Ham:
The Plarming ~ ~ '
~a~d xs in favor of the clearing that has
been completed for the access point to Lot ~2. The Clearing has
made this access point much safer. However, the Board will not
look favorably upon the subdivision proposal unless a separate
driveway is constructed for Lot #I. The Board is not in favor
r3f allowing Lot 91 to have access over Lot #2.
The Board also requests that a covenant be placed on Lot ~2
stating that the area which has been cleared will continue to be
maintained in such a state.
Upon receipt of r~vised maps showing the above, the
Planning Board will proceed with their review of the subdivision.
Please contact this office if you have any further
questions.
Very truly yours,
BENNETT ORLOWSKI , JR.
CHAIRF~iN
~S
ATTORNEYS AND COUNSELLORS ~ LAW
45 H~PTON ROAD
SOUTHAMPTON, N.Y. 11968
FAX 516-287-1076
Planning Board
Town of Southold
Town Hall
Main Road
Southold, NY 11971
March 8,
1989
Re: Minor Subdivision of Estate
of Dorothy M. Russell
Gentlemen:
This office represents the Estate of Dorothy M.
Russell, Thomas W. Russell, Jr., executor, in connection with a
proposed minor subdivision of premises at Fishers Island, New
York.
Last year, the necessary variances were granted by the
Board of Appeals, subject to adjustment in lot size so that each
of the two proposed lots would at least equal 40,000 square feet.
The maps were revised accordingly and an application was made to
you for sketch plan approval.
By letter dated October 31, 1988, you advised me that,
in your belief and based upon a field inspection, the existing
driveway was a traffic hazard. Accordingly, you requested that
the location of the existing driveway be changed and that a
second driveway be constructed to service the lots from Beach
Avenue. The application was placed on hold pending submission of
ncw maps depicting the requested driveways.
On behalf of my client, I respectfully request a
reconsideration of your determination regarding the driveways.
Since the date of your letter, my client has engaged in
considerable clearing at the entrance to the existing driveway.
I have enclosed several pictures showing the condition at the
site after the work was completed. I understand that further
work has been performed since the pictures were taken and that a
bump in the driveway was removed. My client would be willing to
Continued
Planning Board March 8, 1989
Town of Southold
Page 2
file a declaration containing whatever reasonable covenants you
may request to assure that the entrance continues to remain
clear. Such a declaration would bind current and future owners.
Alternatively, an easement to the Town could be granted to allow
maintenance by the Highway Department.
I believe the foregoing proposal represents a
reasonable resolution of your concerns while reducing the
economic hardship on my client. I have enclosed a copy of an
estimate, believed by my client to be rather conservative, of the
cost of constructing the two driveways you have proposed. The
estimate shows that the cost would be at least $10,000. Given
Mr. Russell's willingness to control or allow the Town to control
growth at the entrance to the driveway and the fact that, to his
knowledge, there has never been a traffic accident at that
location, requiring the construction of two new driveways at
considerable expense appears to be an unduly burdensome solution
to the traffic hazard problem.
If you require any further information in order to
reconsider your determination, please let me know.
Very truly yours,
Stephen L. Ham, III
SLH: ja
Enclosures
cc: Mr. Thomas W. Russell, Jr.
TO: Mr. Thomas W.
CONCERNING: Work
Z & S CONTRACTING, INC.
BOX 202 · FISHERS ISLAND. NEW YORK 06390
Russell Jr.
estimates fo- PLayhouse
Jan 19,1989
(1) South side of house, scrape and stain all shingles 2 full coats,
prepare and paint all trim and windows in same area.
ESTIMATE .... $984.00 plus tax
(2) Clean and apply one full coat of deck-life on south side oressure
treated decking and railing. ESTIMATE ..... $258.00 olus tax
(3) Check, repair or replace as needed, all wiring and plumbing in the
crawl space under the main Dart of house. This is impossible to give
an estimate on. ESTIMATE ...... Time and Materials
Rough estimate to install two iveways as per plan received, with
'~.__~avel .... $10,000.00 tax ~-Jf
JOB NU~IBER AUTHORIZED
AUTHORIZED BY DATE
Respectfully .Submitted
Pres'ident '
Z&S Contracti'ng Inc.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF $OUTHOLD
October 31, 1988
Stephen L. Ham, III
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
RE: Minor Subdivision of
Estate of Dorothy M. Russell
SCTM# 1000-9-11-9.1
Dear Mr. Ham:
The Planning Board has reviewed the above mentioned
subdivision and has conducted a field inspection of the site.
The Board feels that the existing driveway is a traffic
hazard and requests that the location be changed. The Board
requests that the existing driveway for Lot #2 be moved to the
northern boundary of the property, and that the driveway for
Lot #1 be located at the southwest corner of the property.
Enclosed please find a sketch which illustrates what is
requested.
Upon receipt of revised maps the Planning Board will
proceed with their review.
Please contact this office if you have any questions.
BENNETT ORLOWSKI, JR.
CHAIRM3~N
ms
~ATTHEWS & HAM
ATTORNEYS AND COUNSELLORS AT LAW
45 H~PTON ROAD
SOUTH~PTON, N.Y. 11968
516- 283-24OO
August 11, 1988
Planning Board
Town of Southold
Main Road
Southold, NY 11971
Re:
Minor Subdivision of
Estate of Dorothy M.
Russell
Dear Sirs:
In
application,
1.
connection with the referenced minor subdivision
I have enclosed the following:
Check to the Town of Southold for the $550 filing
fee.
Twelve prints of a survey showing the proposed
lots and other features.
Application for Approval of Plat, to which is
attached a description of the two proposed lots.
4. Form letter regarding drainage, grading, etc.
5. Short Environmental Assessment Form - Part I.
6. Copy of tax map showing area.
I am advised by the Zoning Board that area variances
permitting this subdivision were granted at the July 14 meeting.
I do not yet have a copy of the determination, but I understand
that one will be sent to you directly as soon as it is prepared.
Please review the enclosed and notify me as soon as
this matter is placed on the calendar.
Very truly yours,
SteP~en L. Ha~m, III
SLH: ja
Enclosures
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
Southold Town Board of Appeals
NtAIN ROAD- STATE; ROAD
SOUTHDLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE BOARD OF APPEALS
Upon application of the ESTATE OF DOROTHY M. RUSSELL for
Variances to the Zoning Ordinance, Articl~ III, Section 100-31,
Bulk Schedule, for: (a) approval of insufficient area of
proposed Lots #t and 92; (b) approval of insufficient lot depth
of proposed Lot ~2; (c) approval of yard setbacks as apply from
the new division line to the existing dwellings. Location of
Property: North Side of Beach Avenue and West Side of Heathulie
Avenue, Fishers Island, NY; County Tax Map Parcel No.
1000-009-011-9.1 (prey. 9), containing 2+- acres.
WHEREAS, a public hearing was held and concluded on June 2,
1988 in the Matter of the Application of the ESTATE OF DOROTHY M.
RUSSELL under Appeal No. 3730; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the "A"
Residential and Agricultural Zoning District along the north side
of Beach Avenue and the west side of Heathulie Avenue in the
Hamlet of Fishers Island, Town of Southold, containing a total
area of two acres, more or less.
2. The subject premises is improved with two single-family
dwellings and accessory building, all as shown on the map amended
April 12, 1988 prepared by Chandler, Palmer & King, Surveyors,
and is identified on the Suffolk County Tax Maps as District
1000, Section 009, Block 011, Lot 009.1 (previously 9).
~age 2
Matter' of ESTATE
Decision Rendered July 14, 1988
3. The subject premises was conveyed to Dorothy M. Russel
May 4, 1982 from her husband, (Liber 9189 cp 570), and no
conveyances have been found of record since that date.
4. By this application, appellant requests approval of the
insufficient lot area of proposed Lot #2 of .88 of an acre and
Lot #1 of 1.34 acre(s), insufficient average lot depth of 88+-
feet and 207.49 feet of Lots #2 and #1, respectively, and
insufficient setbacks of the existing buildings to the proposed
division line as shown on the Map amended April 12, 1988,
prepared by Chandler, Palmer & King.
5. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft.,
minimum lot depth of 250 feet, and minimum frontyard setback at
60 feet and rearyard setback at 75 feet. The percentage of
relief requested in relation to these requirements is
substantial, at an average of approximately 50%.
6. Article III, Section 100-31 excepted those lots having a
lot area of less than 80,000 sq. ft. that were "held in single
and separate ownership prior to November 1971, and there-
after," or were approved by the Planning Board prior to May 20,
1983. The record shows that these parcels were not held in
single and separate ownership, although the two single-family
dwellings were in existence and occupied prior to the May 20,
1983 increase in lot area requirement. Certificate #Z16949 dated
June 2, 1988 has been submitted and made a part of the record.
7. No prior appeals have been found of record concerning
these premises.
8. In considering this appeal, the Board also finds and
determines: (a) the practical difficulties claimed are
sufficient to warrant a grant of this variance; (b) that the
circumstances are unique to the property and are not shared by
other properties in the neighborhood; (c) there will be no
substantial change in the character of the neighborhood or
detriment to adjoining properties; (d) that there will not be
any increase in dwelling density since each lot will contain a
single-family dwelling and no additional dwelling(s) will be
constructed; (e) the relief requested is substantial in
relation to the current lot size requirement; (f) that the
difficulties cannot be obviated by some method feasible for
appellants to pursue, other than a variance; (g) that the
~ge 3. - Appl. No. 3730~
Matter of ESTATE OF DOROT1T~M. RUSSELL
Decision Rendered July 14, 1988
relief requested is the minimal necessary under the
circumstances; (h) that in view of the manner in which the
difficulties arose and in considering all the above factors,
interests of justice will be served by the grant of this
variance, as further noted below.
Accordingly, on motion by Mr. Goehringer,
Mr. Sawicki, it was
seconded by
the
RESOLVED, to GRANT the Variances requested under Appeal No.
3730 in the Matter of the Application of the ESTATE OF DOROTHY
RUSSELL as to the insufficient lot area, depth, and setbacks of
existing buildings from the proposed division line as shown on
the Map amended April 12, 1988, prepared by Chandler, Palmer &
King, provided that proposed Lot #2 contains a lot area of not
less than 40,000 sq. ft., Lot #1 contain an area of not less than
1.30 acres, and subject to approval by the Southold Town Planning
Board as required by the Subdivision Regulations (Chapter A106)
of the Code of the Town of Southold.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
~]ouglass and Sawicki. (Member Doyen of Fishers Island was absent
~ue to poor weather conditions.) This resolution was duly
~dopted.
GERARD p. GOEHRINGER
CHAIRMAN
APPLICATION FOR APPROVAL OF PL: A[JO ! ;~ 19i8
To the Planning Board of the Town of Soutbold: SOUTHOLD TOWN
PLANNING BOARD
Tbe undersigned applicant hereby applies for (tentative) (final)appFovaI of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Sou(bold 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 bis interest in said
land under application.)
2. The name of the subdivision is to be ESTATE OF DOROTHY M RUSSELL
3 sT2gegee~ttj~; land under appllcation is described in Schedule "A" bereto annexed. (Copy of deed
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
folloxvs:
Liber . .1.Q .52. Page 555
· ' ................ On October 5, 1922 ,
Liber . 1400 .. Page .. 576
................. On December 22 1928;
Liber ........................ Page ...................... On .........
Lib '
................ Page ...................... On
Liber ........................ pag~e .........
as devised under the Last Will and Testament of .D. 9.r. oth)[ M. Russell
x~:~xxl,~t, m0e (ancillary probate granted by Surrogate's Court of
SUffolk County on September 4, .1.986 .........................................
.................................. - File No. 1572 P 1986)
5. Tbe area of tbe land is 2.22_+
............... acres.
6. All taxes xvblch are liens on the land at the (late hereof have been pald.~ ............
7. The land is encumbered by ...n.o...
mortgage (s) ~i,XtltiR~ .......................................................
(a) Mortgage re~orded in Liber ............ .. Page .................. in origlnal amount
of $...
........... unpaid amount $
..................... held by ......................
.............. address .................................
(b) Mortgage recorded in Liber ......... Pa~c
............. ........... in original amonnt
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 agaiust the land. R.'~:bxX .......................
9. The land lies in the folloxving zoning use districts .... A.R~.id.e. toj:.io.l:Agr, i¢.tll.t;~r, al
10. No part of the land lies under water whether tide water, stream, pond water or other~vise, lI~-
11. Tha'appllcant shall at his expense install ail required public improvements.
12. The land (does) 0dl~lae,,~) lie in a \Vater District or Water Supply District. Name of Dis-
trict, if within a District, is ...F.ish~r.~3..I~.loncl. Wot:er W..ork~
13. Water mains will be laid by . .e..x.i.s.t.i..n.g.
and (a) (no) charge will be made for installing said mains·
14. Electric Iines and standards will be installed by .~X.~,~.t.~..n.g .............................
lines. · .............. and (a) (no) charge will be made for installing said
15. Gas mains will be installed by ...BO.t,. ~pp. 1 ~-.c.'gb. 1 ~' ........
and (a) (no) charge will be made for installing said mains'.' ...........................
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Ilighway system, annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by tile applicaut to be extstmg public streets in the
Town of Sonthold [Iighway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structnres ou tile land which are not located and showu
on the plat.
19. \Where the plat shmvs proposed streets which are extensious ~ff streets on adjoining sub-
divisiou maps lieretofore filed, there are no reserve strips at the end o£ the streets on said
existing maps at their COlljttnctiolls with the proposed streets.
20, In the c.urse of these proceedings, tim alq~Iicant will offer lmmf of title :ts reqnired by Sec.
.335 of the Real Property Law.
21. Subnfit a copy of proposed deed for lots shov,'in~4 all restricti,ms, covenants, etC. Annex
Schednle "D".
22. The applicant estimates that the cost of grading and required public improvements will be
$....0 ...... as itemized in Schedule "E" hereto annexed and requests that the matnrity of the
Performance Bond be fixed at .N./.A. ..... years. The Performance Bond will be written by
a licensed surety company nnless otherwise shown on Schedule "F".
DATE December
J..~-- ..... '., 19 87
· ~$T. fT.I~. OF DOROTHY M RUSSELL
(Name of Applicant)
.... ....
(Signature and ....
Title)Thomas W. Russell
Executor '
53 East 66th Street, NY, NY' 10021
(Address ..................
STATE OF-NE\V YORK, COUNTY OF .. N. EW..YORK ................
·- ,, SS;
On the ....~. ........... day of. December
............................. 19.87 .... before me personally came
Thomas W, Russell~ Jr.
- - · ...... to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that/~he executed the same
On the ................ day of
' ' ......................... , 19 ...... , before me personally came
...................... to me known, who being by me duly sworn did de-
pose and say that ............ resides at No.
............................... that
' ......................... is the ..........
the corporation described in and which execnted the foregoin~ instrmnent; that ............ knows
the seal of said corporation; that the seal affixed hy order of the brmrd of directors of said corporation.
and that ............ signed ......
........ name thereto by like order.
Notary Pnblij ................................
SCHEDULE "A"
Lot NO. 1
Ail 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 northeasterly line of Beach
Avenue at the dividing line between the herein described parcel
and land of Richard A. and Martha Howard, said monument being
located 97.44 feet North of a point which is 2267.90 feet West of
another monument marking the United States Coast and Geodetic
Survey Triangulation Station "PROS"; and
RUNNING THENCE along land of Howard North 7 degrees 15
minutes 45 seconds East 194.82 feet to a monument;
THENCE still along the last mentioned land North 57
degrees 29 minutes 00 seconds West 58.88 feet to a monument and
land of Elizabeth M. Husband;
THENCE along land of Husband North 64 degrees 23 minutes
10 seconds East 182.49 feet to a point at the dividing line
between the herein described parcel and Lot No. 2 described below;
THENCE along said Lot No. 2 South 25 degrees 36 minutes 50
seconds East 61.52 to an iron pipe;
THENCE still along said Lot No. 2 South 3 degrees 29
minutes 50 seconds East 103.50 to an iron pipe;
THENCE still along said Lot No. 2 South 14 degrees 5
minutes 51 seconds East 79.76 feet to an iron pipe;
THENCE still along said Lot No. 2 South 27 degrees 42
minutes 10 seconds East 123.91 feet to a point at the
northwesterly line of Beach Avenue;
THENCE along the northwesterly line of Beach Avenue South
77 degrees 17 minutes 00 seconds West 97.53 feet to a monument;
THENCE along the northeasterly line of Beach Avenue North
67 degrees 38 minutes 00 seconds West 166.90 feet to the monument
set at the point or place of BEGINNING.
Lot No. 2
Ail 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 southwesterly line of
Heathulie Avenue at the dividing line between the herein described
parcel and land of Elizabeth F. Husband; and
RUNNING THENCE along land of Husband South 64 degrees 23
minutes 10 seconds West 78.59 feet to a point at the dividing line
between the herein described parcel and Lot No. 1 described above;
THENCE along said Lot No. 1 South 25 degrees 36 minutes 50
seconds East 61.52 feet to an iron pipe;
THENCE still along said Lot No. 1 South 3 degrees 29
minutes 50 seconds East 103.50 to an iron pipe;
THENCE still along said Lot No. 1 South 14 degrees 5
minutes 51 seconds East 79.76 to an iron pipe;
THENCE still along said Lot No. 1 South 27 degrees 42
minutes 10 seconds East 123.91 feet to a point at the
northwesterly line of Beach Avenue;
THENCE along the northwesterly line of Beach Avenue North
77 degrees 17 minutes 00 seconds East 65.01 feet to a monument;
THENCE along said Avenue line North 26 degrees 02 minutes
30 seconds East 83.64 feet to a monument set at the intersection
of the northwesterly line of Beach Avenue and the southwesterly
line of Heathulie Avenue;
THENCE along the southwesterly line of Heathulie Avenue
North 25 degrees 36 minutes 50 seconds West 322.00 feet to the
monument set at the point or place of BEGINNING.
SUBJECT TO a permanent easement and right of way for
pedestrians and vehicles for the benefit of Lot No. 1 described
above, for ingress and egress to Heathulie Avenue, over and along
the driveway existing on the herein described parcel.
APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR,
SERGE DOYEN, JR.
~,CDE.~T .~. ~CUCLACC
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN RI-lAD- BTATE: Rr'IAD 25 Si"tUTI.-Ir'ILD, L,I,, N.Y. 119'71
ACTION OF THE BOARD OF APPEALS
Upon application of the ESTATE OF DOROTHY M. RUSSELL for
Variances to the Zoning Ordinance, Articl~ III, Section 100-31,
Bulk Schedule, for: (a) approval of insufficient area of
proposed Lots #1 and #2; (b) approval of insufficient lot depth
of proposed Lot #2; (c) approval of yard setbacks as apply from
the new division line to the existing dwellings. Location of
Property: North Side of Beach Avenue and West Side of Heathulie
Avenue, Fishers Island, NY; County Tax Map Parcel No.
1000-009-011-9.1 (prev. 9), containing 2+- acres.
WHEREAS, a public hearing was held and concluded on June 2,
1988 in the Matter of the Application of the ESTATE OF DOROTHY M.
RUSSELL under Appeal No. 3730; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the "A"
Residential and Agricultural Zoning District along the north side
of Beach Avenue and the west side of Heathulie Avenue in the
Hamlet of Fishers Island, Town of Southold, containing a total
area of two acres, more or less.
2. The subject premises is improved with two single-family
dwellings and accessory building, all as shown on the map amended
April 12, 1988 prepared by Chandler, Palmer & King, Surveyors,
and is identified on the Suffolk County Tax Maps as District
1000, Section 009, Block 011, Lot 009.1 (previously 9).
Page 2 - Appl. No. 3730
Matter of ESTATE OF DOROTHY M. RUSSELL
Decision Rendered July 14, 1988
3. The subject premises was conveyed to Dorothy M. Russel
May 4, 1982 from her husband, (Liber 9189 cp 570), and no
conveyances have been found of record since that date.
4. By this application, appellant requests approval of the
insufficient lot area of proposed Lot 92 of .88 of an acre and
Lot ~1 of 1.34 acre(s), insufficient average lot depth of 88+-
feet and 207.49 feet of Lots #2 and #1, respectively, and
insufficient setbacks of the existing buildings to the proposed
division line as shown on the Map amended April 12, 1988,
prepared by Chandler, Palmer & King.
5. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft.,
minimum lot depth of 250 feet, and minimum frontyard setback at
60 feet and rearyard setback at 75 feet. The percentage of
relief requested in relation to these requirements is
substantial, at an average of approximately 50%.
6. Article III, Section 100-31 excepted those lots having a
lot area of less than 80,000 sq. ft. that were "held in single
and separate ownership prior to November 1971, and there-
after," or were approved by the Planning Board prior to May 20,
1983. The record shows that these parcels were not held in
single and separate ownership, although the two single-family
dwellings were in existence and occupied prior to the May 20,
1983 increase in lot area requirement. Certificate #Z16949 dated
June 2, 1988 has been submitted and made a part of the record.
7. No prior appeals have been found of record concerning
these premises.
8. In considering this appeal, the Board also finds and
determines: (a) the practical difficulties claimed are
sufficient to warrant a grant of this variance; (b) that the
circumstances are unique to the property and are not shared by
other properties in the neighborhood; (c) there will be no
substantial change in the character of the neighborhood or
detriment to adjoining properties; (d) that there will not be
any increase in dwelling density since each lot will contain a
single-family dwelling and no additional dwelling(s) will be
constructed; (e) the relief requested is substantial in
relation to the current lot size requirement; (f) that the
difficulties cannot be obviated by some method feasible for
appellants to pursue, other than a variance; (g) that the
Page 3 - Appl. No. 3730
Matter of ESTATE OF DOROTHY M. RUSSELL
Decision Rendered July 14, 1988
relief requested is the minimal necessary under the
circumstances; (h) that in view of the manner in which the
difficulties arose and in considering all the above factors, the
interests of justice will be served by the grant of this
variance, as further noted below.
Accordingly, on motion by Mr. Goehringer,
Mr. Sawicki, it was
seconded by
RESOLVED, to GRANT the Variances requested under Appeal No.
3730 in the Matter of the Application of the ESTATE OF DOROTHY
RUSSELL as to the insufficient lot area, depth, and setbacks of
existing buildings from the proposed division line as shown on
the Map amended April 12, 1988, prepared by Chandler, Palmer &
King, provided that proposed Lot #2 contains a lot area of not
less than 40,000 sq. ft., Lot #1 contain an area of not less than
1.30 acres, and subject to approval by the Southold Town Planning
Board as required by the Subdivision Regulations (Chapter A106)
of the Code of the Town of Southold.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent
due to poor weather conditions.) This resolution was duly
adopted.
lk
GERARD p. GOEHRINGER
CHAIRMAN
11.
12.
M_~INOR SUBpIvISipN
1. 6 copies sketch plan received
spot elevations
sent to Planning Board
2. Meet with Planning Board
3. Required changes sent in writin~
4. New submission received
5. Approval of sketch Plan
6. Se~t_ letter with resolution approving
7. ApPlication and fee
If COrporation, affidavit of OWnership
6 copies of final map
Covenants and restrictions
Description of property
Note on plat that sanitation ans ~ater facilities.
meet County Board of Health specifications
Developer attend meeting (official submission)
Public Hearing (within'45 days)
Advertised
-- _Affidavits of publication received
Action by Planning Board (~ithin 45 days)
Sent to County PlaDning CommissiOn
Received County's recommendations
Filed COvenants and restrictions received
Authorization and signing of map
dOTES '.
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SECTION NO.
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PROPERTY MAF
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MINOR SUBDIVISION
APPLICANT ~[k*mqs
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