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HomeMy WebLinkAbout1000-7.-1-6.1 ~ , ~ ~[oc~ ~ ~.~) X ~ x X LOCATION MAP SCALE 1 "=400' 1.)P~N MADE FOR DAVID F. HARRIS PROPOSED POOL BLOCK ~B LOTS 1 & 2 NORWICH, CONNECTICUT OCTOBER 2~, 1985, ~ 0 1.) THIS SUNNY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY E~ENSION OF THE USE BEYOND THE PURPOSED AGREED TO I BETWEEN THE CUENT AND THE SURV~OR EXCEEDS THE SCOPE OF THE / / / ~ ~ "~ ~% ~TO BE DEEDED TO~ ~~~~ ~ 0 ~ ~,, S~GNATURETHE ~ND SURVEYor.AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT Of SURV~ m~AN~U~T~ON STA~ON PORTION OF LOTS 6 · 7 AND A BLOCK 1, SECTION 007, (EL,=11) ~ SHOWN ON FIRM, FLOOD INSURANCE RATE MAP SUFFOLK COUNt, ~ A HENRY L, FERGUSON MUSEUM, INC,- 1000-7-1-6,1 2.06~ ACRES 1.71~ ACRES ~ x ~. ',~ ~ / / ~ ~ ~ ~ FISHERS ~S~ND DEVELOPMENT CORP.- 1000-7-2-10 7,51~ ACRES 7.24~ ACRES o L~. ~ ~ APPROVED BY o X P NNING BOARD oo X TOWN OF SOUTHOLD ~ ./~ N/F NOW OR FORMERLY ~ DATE: ~AR~H ~5, 2010 QUALI~ CONSOL CERTIFICATION ~ ~ ~ '~ ,_ I/, / BLOCK J8 - LOT 8 ~ ~ EXISTING WATER SERVICE su.v~ X~ k PLANNING BOARD MEMBERS MARTIN H. SIDOR Cha/r WILLIAM J. CREM~RS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 June 14,2011 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: Final Approval: Re-Subdivision (Lot Line Change) for Jane M. Harris and The Henry L. Ferguson Museum, Inc. & Fishers Island Development Corporation Located at the (no #) private read off East End Road, Fishers Island SCTM#1000-7-1-6.1 & 7-1-7 & 7-2-10 Zoning District: R-120 Dear Mr. Ham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, June 13, 2011' WHEREAS, this proposed Lot Line Change will transfer 15,145 s.f. from SCTM1000-7- 1-6.1 to SCTM1000-7-1-7. Lot 6.1 will decrease from 2.06 acres to 1.71 acres, and Lot 7 will increase from 1.62 acres to 1.97 acres. Further, SCTM1000-7-2-10 will transfer 11,640 s.f. to Lot 7, where Lot 7 will increase from 1.62 acres to 2.24 acres, and Lot 10 will decrease from 7.51 acres to 7.24 acres in the R-120 Zoning District; and WHEREAS, an application for a Lot Line Modification was submitted on October 8, 2010 by Jane M. Harris and The Henry L. Ferguson Museum, Inc. & Fishers Island Development Corporation for the property located at (no #) private read off East End Road, Fishers Island, SCTM#1000-7-1-6.1 & 7-1-7 & 7-2-10, R-120 Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code {}240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created. 2. The lots involved are either already developed or are being preserved as open space. 3, No changes will occur as a result of this Lot Line Change that would affect the character of the neighborhood; and FIDCO/Fer.quson Museum/Harris Pa,qe Two June 14, 2011 WHEREAS, on May 17, 2011 the applicant submitted draft deeds that contain the following: a. a reference to this Planning Board approval of the Lot Line Modification; and b. a schedule (or schedules) with legible illustrations of the lot line changes made and that will be filed as a page (or pages) in the deed, and those deeds were found to be acceptable for filing; and WHEREAS, on June 2, 2011, the applicant submitted a Quit-Claim Deed from the owner of the Tax Map Parcel #1000-7-4-10 relinquishing any claims of access over the portion of the paper road to be extinguished by this Lot Line Modification; and WHEREAS, the Planning Board has determined that Tax Map Parcel #1000-7-4-10 does not meet the Lot Recognition Code, and is part of the same parcel as Tax Map Number 1000-7-4-9, also known as the Corbiere parcel on the current FIDCO subdivision map; and WHEREAS, the Planning Board has determined that the proposed action meets the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore RESOLVED, that the Planning Board hereby waives the requirements of {}240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; and be it further RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval on the maps entitled "Jane M. Harris, Henry L. Ferguson Museum, Inc. & Fishers Island Development Corp.", dated March 25, 2010 and last revised October 2, 2010, prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC. Please submit a copy of the recorded deed to the Southold Town Planning Department. Enclosed please find a copy of the Negative Declaration for your records as well as a map which has been endorsed by the Chairman. If you have any questions regarding the above, please contact this office. Very truly yours, Chairman Encl. cc: Building Dept. w/map; Assessors w/map PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAM~S H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave,) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant June 13, 2011 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, in an uncoordinated review of this Unlisted Action, 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: Proposed Lot Line Modification for FIDCO/Ferguson Museum/Harris SCTM#: SCTM1000-7~1-6.1 & 7-1-7 & 7-2-10 Location: (no #) private road off East End Road, Fishers Island SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed Lot Line Change will transfer 15,145 s.f. from SCTM1000-7-1-6.1 to SCTM1000-7-1-7. Lot 6.1 will decrease from 2.06 acres to 1.71 acres, and Lot 7 will increase from 1.62 acres to 1.97 acres. Further, SCTM1000-7-2-10 will transfer 11,640 s.f. to Lot 7, where Lot 7 will increase from 1.62 acres to 2.24 acres, and Lot 10 will decrease from 7.51 acres to 7.24 acres in the R-120 Zoning District. Ne,qative Declaration Pa.qe Two June 13, 2011 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: This Lot Line Modification will not have any adverse impacts on the surrounding neighborhood or adjacent properties. No new lots will be created, and no increase in development is expected as a result due to the configuration of the land transfer. Thus the following can be said of this action: No substantial adverse change in existing air quality, groundwater or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action if the proposed action is implemented as planned. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. 3. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 5. No major change in the use of either the quantity or type of energy will occur. 6. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resoumes, or in its capacity to support existing uses. For Further Information: Contact Person: ^iyxandra Sabatino Address: Southold Town Planning Board Telephone Number: (631) 765-1938 Ms. Heather Lanza Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 ATTORNEYS AIqD GOUSSELORS AX LAW ~8 NU6R~r SXaR~ August 15, 2011~ Re: Lot Line Changes for Jane M. Harris, The Henry L. Ferguson Museum, Inc. and Fishers Island Development Corporation (SCTM Nos. 1000-007.00-01.00-006.001 & 007.000 and plo 02.00-010.000) Dear Heather: So that your files on the referenced lot line changes that were approved by the Planning Board in June are complete, I have enclosed copies of the recorded deeds from Fishers Island Development Corporation and The Henry L. Ferguson Museum, Inc. covering the respective land transfers. I have also enclosed copies of the quitclaim deeds from the adjoining property owners who had a conceivable use for the FIDCO road spur, Gwendoline Anne Harris and the Ferguson Museum, by which they released whatever rights they may have had to use that road which was sold to the Estate of Jane M. Harris in connection with the line changes. All four deeds were recorded in the Office of the Suffolk County Clerk on July 18, 2011 in Liber 12665 at pages 715, 714, 712 and 713, respectively. Please give me a call if you have any questions or comments. Best regards. Sincerely, Enclosures Stephen L. Ham, III SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 8 Receipt Number : 11-0079560 TRANSFER TAX NUMBER: 10-25519 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 007.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $2,700.00 Received the Following Fees Page/Filing $40.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 Cert. Copies $0.00 Transfer tax $12.00 TRANSFER TAX NUMBER: 10-25519 For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 07/18/2011 12:00:36 PM D00012665 715 Lot: 010. 002 Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $70.00 NO $0.00 NO $422.00 Number of pages TORRENS Serial 39 Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.I~T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 4 District 1000 Real Property Tax Service Agency Verification 5. O0 FEES SubTotal 70 Sub Total Grand Total Section 007.00 Block 02.00 Lot p/o 010.00O 11014879 ~ooo oovoo o~oo 006003 ~ 1000 00V00 0200 0~0002 (Row ^¢ ooo ooToo o oo oo7ooo ~I~UL-I~/ ---..._~ Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: STEPHEN L. HAM, III, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11946 C°~deration Amount ~CPF )ax Due / Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax ~ '~'~ __ Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund $ 2,700 ,,' ./ Improved TD / 0 TD TD 7 I Title Company Information Co. Name Chicago Title Insurance Company Tit e # Cll-7474-10620SUFF Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCLAIM DEED FISHERS ISLAND DEVELOPMENT CORPORATION ESTATE OF JANE M. HARRIS made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 72%3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (63l) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk CONSULT YOUR LAWYER BEF(~ SIGNING THIS INSTRUMENT-THIS INSTRUMEN'r'~HOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the .~.~ Ray of June, two thousand eleven, BETWEEN FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices at (no #) Equestrian Avenue, P.O. Drawer E, Fishers Island, New York 06390, party of the first part, and KENNETH R. PAGE and CITIBANK, N.A., as Co-Executors of the Estate of Jane M. Harrris, c/o Hughes Hubbard & Reed LLP, One Battery Park Plaza, New York, New York 10004, party of the second part, WITNESSETH, 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 remise, release and quitclaim 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, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE a portion of a private road lying between Block 38 - Lot 2 and Block 38 - Lot 7, as shown on the Map of Fishers Island Development Corporation, which said Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421, also constituting a portion of the same premises conveyed to the party of the first part by deed recorded in the Office of the Suffolk County Clerk on December 7, 1966 in Liber 6083 page 280. SUBJECT TO covenants, restrictions and agreements set forth in Schedule A-1 hereto. By accepting this deed, the party of the second part acknowledges and agrees that the premises conveyed hereby shall merge with and become a part of other premises of the party of the second part adjoining the premises conveyed hereby on the north and west (to wit, said Block 38 - Lot 2 and a portion of Block 38 - Lot 1 as shown on said Map of Fishers Island Development Corporation, said portion of Block 38 - Lot 1 being acquired by the party of the second part simultaneously herewith) and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. A perimeter description of said merged parcel is set forth on Schedule B hereto and an excerpt from the lot line change map approved by the Planning Board of the Town of Southold depicting the authorized land transfers is set forth on Schedule C hereto. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AN D the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: FISHERS ISLAND DEVELOPMENT CORPORATION /j'/Kath-~ M. Pa~ons, Presiden£ Standard NY.BT.U. Form 8004 - Quitclaim Deed - Uniform Acknowledgment (single sheet) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE'NEW YORK STATE State of New York, County of SS.: State of New York, County of SS,: On the day of in the year undersigned, personally appeared before me, the On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State of Connecticut; County of New London ss.~y~ c.- On the~' ~' ~day of June in the year 2011 before me, the undersigned, personally appeared Kathryn M Parsons ~..~' personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subsetie~:~6 the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the ir~t~r'tjment the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the Jl.,4.,~ ~. ,~'-~ ~. in the State of Connecticut. QUITCLAIM DEED Title No. ~(.~sert't~ City or other political subdivision) FISHERS ISLAND DEVELOPMENT CORPORATION TO ESTATE OF JANE M, HARRIS STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by DISTRICT 1000 SECTION 007.00 BLOCK 02.00 LOT p/o 010.000 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) private road off East End Road Fishers Island, New York 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A DEED' Party of the First Part: Party of the Second Part: Deed Dated: Fishers Island Development Corporation Estate of Jane M. Harris June ?,---'-/, 2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the right having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE southwesterly following the arc of said curve, 53.26 feet to a point; THENCE South 49° 01' 20" West, 205.55 feet to a point of curve to the point of curve to the right having a radius of 3776 feet and the direction of whose radius at that point is North 40° 58' 40" West; THENCE westerly following the arc of said curve, 44.17 feet to a monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72° 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40° 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to the point in the southwesterly line of said private road; THENCE North 09° 32' 24" West, 99.42 feet along said road Kine to the point or place of BEGINNING. Containing 11,640 square feet, more or less. SCHEDULE A-1 TO DEED Party of the First Part: Fishers Island Development Corporation Party of the Second Part: Estate of Jane M. Harris Deed Dated: June t~,2011 The premises described in Schedule A hereto are conveyed subject to the following covenants, restrictions and agreements, That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after April 15, 2005, the grantee, his heirs, successors and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park," shall not exceed in any one year $100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park", shall not exceed in any one year $2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph. SCHEDULE B TO DEED Party of the First Part: Party of the Second Part: Deed Dated: Fishers Island Development Corporation Estate of Jane M. Harris June Ch/, 2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the left having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE northerly following the arc of said curve, 35.57 feet to a point; THENCE North 08° 15' 40" West, 99.54 feet to a point which is located 1132.22 feet West of a point which is 1957.67 feet North of said NIN monument; THENCE North 88° 15' 16" West, 249.71 feet to a point at the shore of West Harbor; THENCE alon9 the shore of West Harbor, the following two (2) courses and distances: (1) South 37° 19' 47" West, 132.13 feet to a point; and (2) South 41° 29' 40" West, 72.28 feet to a point; THENCE South 44' 46' 30" East, 235.21 feet to a monument which is located 1344.14 feet West of a point which is 1639.10 feet North of said NIN monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right havin9 a radius of 37.76 feet and the direction of whose radius at that point is North 72° 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 1928 feet and the direction of whose radius at that point is South 40' 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to a point in the southwesterly line of said private road; THENCE NoAh 09' 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. SCHEDULE C TO DEED Party of the First Part: Par~y of the Second Part: Deed Dated: Fishers Island Development Corporation Estate of Jane M Harris June 'L'{, 2011 _/ ~WENDOLINE ANNE HARP, rS BLOCK ,58 ~122 CLAY pOINT RD. ~)CK ~ LOT 2 (~1.62~ ACR~) HENRY L, uSON MUSEUt~, INC, BLOOK $~ LOT 7 (0.75:~ ACRES) - 09-05-90 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 6 Receipt Number : 11-0079560 TRANSFER T~X NUMBER: 10-25518 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 007.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $o.0o Received the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-25518 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 07/18/2011 12:00:36 PM D00012665 714 Lot: 010.002 Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $70.00 NO $0.00 NO $400.00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument 31 Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) Comm. of Ed. Affidavit Certified Copy Reg. Copy oo Deed / Mortgage Tax Stamp FEES <--SubTotal 5. 00 F:tECOf<E:,ED CLERK OF SLiFFCLi::: :F!I_IH [./ L DC10012665 Sub Total Property Tax Service Ageocy Verification 4 I District 10001 Section Real ~01~18 1000 00700 0100 006003 1000 00700 0200 010002 i/'~P~. A~ 1000 0100 007000 L ! 00700 007.0111 m,,,-v n, anl .... '- "%.001 6 [ Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: STEPHEN L. HAM, III, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11946 Recording / Filing Stamps I~o] Name Title # U]Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total · Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town Dual County __ Held for Appointment __ Transfer Tax ~ - Vlansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO __ If NO. see appropriate tax clause on ~age # of this instrument. 5 Community Preservation Fund f o~n~eration Amount $O--- ~p57ax Due $'0--- Improved Vacant Land TD TD Title Company Information c-Il Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCLAIM DEED made by: (SPECIFY TYPE OF INSTRUMENT) THE HENRY L. FERGUSON MUSEUM~ 1N C. The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. _~.~AiAj~,~_,~ ./~. /o/~_~_. ~. ~ In the Township of SOUTHOLD ~t ? ~ ~, ~.~., ~ ~-~'. ~ ~ ESTATE OF JANE M. HA~S In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THROUGH 8 MUST BE TYPED OR P~NTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY I 1968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Suffolk County Clerk CONSULT YOUR LAVVYER BEFOF~'~'SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAVVYERS ONLY THIS INDENTURE, made the 'Z~ day of June, two thousand eleven, BETWEEN THE HENRY L. FERGUSON MUSEUM, INC., a charitable corporation organized and existing under and by virtue of the laws of the State of New York, with its principal office at (no #) Equestrian Avenue, Fishers Island, New York 06390, party of the first part, and KENNETH R. PAGE and CITIBANK, N.A., as Co-Executors of the Estate of Jane M. Harrris, c/o Hughes Hubbard & Reed LLP, One Battery Park Plaza, New York, New York 10004, party of the second part, WITNESSETH, 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 remise, release and quitclaim 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, together with the buildings and improvements erected thereon, situate, hying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE a portion of Block 38 - Lot 1 as shown on the Map of Fishers Island Development Corporation, which said Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421, also constituting a portion of the same premises conveyed to the party of the first part by deed recorded in the Office of the Suffolk County Clerk on September 27, 2002 in Liber 12211 page 741. By accepting this deed, the party of the second part acknowledges and agrees that the premises conveyed hereby shall merge with and become a part of other premises of the party of the second part adjoining the premises conveyed hereby on the south and west (to wit, Block 38 - Lot 2 as shown on said Map of Fishers island Development Corporation and a portion of a private road lying between Block 38 - Lot 2 and Block 38 - Lot 7, as shown on said Map of Fishers Island Development Corporation, said portion of a private road being acquired by the party of the second part simultaneously herewith) and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. A perimeter description of said merged parcel is set forth on Schedule B hereto and an excerpt from the lot line change map approved by the Planning Board of the Town of Southold depicting the authorized land transfers is set forth on Schedule C hereto. The subject premises are transferred free of the covenants and restrictions imposed by the party of the first part on said Block 38 - Lot 1 by the Declaration recorded in the Office of the Suffolk County Clerk on December 27, 2002 in Liber 12227 page 358, said covenants and restrictions being released hereby only with respect to the premises conveyed hereby and not with respect to that portion of said Block 38 - Lot 1 being retained by the party of the first part. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and reads 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, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. PRESENCE OF: THE HENRY L. FERGUSON MUSEUM, INC. /~/ Rol~l~liller~ident- Land Trust Standard N.Y,B.T.U. Form 8004 - Quitclaim Deed - Uniform Acknowledgment (single sheet) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MAD~N NEW YORK STATF State of New York, County of On the day of in the year undersigned, personally appeared SS.; before me, the personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. State of New York, County of SS.: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT ES MADE OUTSIDE NEW YORK STATF State of Connecticut; County of Fairfield ss.: On the ~ I day of June in the year 2011 before me, the undersigned, personally appeared Robert J. Miller personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of whichnthe individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the (~x.)gz4 "f ~b~.~ in the State of Connecticut. (insert th~ C~y or other political subdivision) (signature and office of individual taking acknowledgment) Notary Public QUITCLAIM DEED Title No. THE HENRY L. FERGUSON MUSEUM, INC. TO ESTATE OF JANE M. HARRIS STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by OONNIE M. IIALKIINBTEiN' MY C~MMI~SlO~ B~IRES OCT. 3'1,2011 DISTRICT 1000 SECTION 007.00 BLOCK 01.00 LOT plo 006.001 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) private road off East End Road Fishers Island, New York 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A TO DEED Party of the First Part: Party of the Second Part: Deed Dated: The Henry L. Ferguson Museum, Inc. Estate of Jane M. Harris June t,-I , 2011 A certain tract or parcel of land, together with the buildings and improvements erected thereon, located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a monument southwesterly line of a private road, said monument being located 1122.66 feet West of a point which is 1891.42 feet North of another monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN"; and RUNNING THENCE along said road line North 08° 15' 40" West, 66.94 feet to a point; THENCE North 88° 15' 16" West, 249.71 feet to a point at the shore of West Harbor; THENCE South 56° 35' 20" East, 170.55 feet to a point; THENCE North 80° 15' 20" East, 118.50 feet to the monument at the point or place of BEGINNING. Containing 0.35 acres, more or less. SCHEDULE B TG DEED Party of the First Part: Party of the Second Part: Deed Dated: The Henry L. Ferguson Museum, Inc. Estate of Jane M. Harris June ~f, 2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the left having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE northerly following the arc of said curve, 35.57 feet to a point; THENCE North 08° 15' 40" West, 99.54 feet to a point which is located 1132.22 feet West of a point which is 1957.67 feet North of said NIN monument; THENCE North 88° 15' 16" West, 249.71 feet to a point at the shore of West Harbor; THENCE along the shore of West Harbor, the following two (2) courses and distances: (1) South 37" 19' 47" West, 132.13 feet to a point; and (2) South 41° 29' 40" West, 72.28 feet to a point; THENCE South 44° 46' 30" East, 235.21 feet to a monument which is located 1344.14 feet West of a point which is 1639.10 feet North of said N IN monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72" 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40° 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to a point in the southwesterly line of said private road; THENCE North 09° 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. SCHEDULE C TODEED Party of the First Part: Party of the Second Pad: Deed Dated: The Henry L. Ferguson Museum, Inc, Estate of Jane M. Harris June 3-1,2011 / / // / / // / / pORTiON OF BLOCK 58 - LOT ? ~TO BE BLOCK 58 -- LOT 2 OWEi'~DOLINE ~NNE HARRIS BLOCK ~ LAWN ~/F HENRY L, ~p¢ FERGESON MUSEU~f, /NC, BLOCK 38 LOT 7 (0.754 ACRES) - 09-05-90 ~LOCX 4, LOT a) "v'// SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 4 Receipt Number : 11-0079560 TRANSFER TAX NUMBER: 10-25516 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 007.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-25516 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 07/18/2011 12:00:36 PM D00012665 712 Lot: 010.000 Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $30.00 NO $0.00 NO $350.00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp 201i :ul !8 i2:00:36 !Ubi ,tH A. CLE?X OF 50FFOLK COi. IHT/ ~ [)000! 2665 F' 7i2 Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 FEES Notation EA-5217 (County) EA 5217 (State) R.ET.S.A. Comm. of Ed. Affidavit Certified Copy Sub Total e Reg. Copy Sub Total Other / Grand Total Real 1'1014875 ~ooo 00700 o2oo~o'1oooo Property //~'~ ..,., Tax Servio (~:OTY A ) Agency ~1/ Verificatio~ I Satisfaction/Discharges/Release List Owners Address Property Mailing RECORD & RETURN TO: STEPHEN L. HAM, 111, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11946 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax . ~ - Mansion Tax The property covered by this rnotgage is or will be improved by a one or tw? family dwelling only. YES or NO if NO, see appropriate tax clause on page #_ of this inst. gument.. 5 Community Preservation Fu~ndr C. ol~sideration Amount $0--- Fax Due Improved TD TD TD I 7I Title Company Information Co, Name Chicago Title Insurance Company Title # C11-7474-10620SUFF Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCLAIM DEED (SPECIFY TYPE OF INSTRUMENT) GWENDOLINE ANNE HARRIS The premisis herein is situated in made by: SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD FISHERS ISLAND In the VILLAGE DEVELOPMENT CORPORATION or HAMLET of FISHERS ISLAND BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 1 I757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 72%3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk CONSULT YOUR LAVVYER BEIW: SIGNING THIS INSTRUMENT-THIS INSTRUME~HOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the Z-'~ day of JL~ne, o thousand eleven, BETWEEN GWENDOLINE ANNE HARRIS, 17A Main Street, Salisbury, Connecticut 06068, party of the first part, and FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices at (no #) Equestrian Avenue, Fishers Island, New York 06390, party of the second part, WITNESSETH, 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 remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all of her right, title and interest, if any, in and to 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 ol~ Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. The party of the first part is the owner of premises adjoining the premises described on Schedule A hereto on the west, said adjoining premises being more particularly described in the deed thereto to the party of the first part recorded in the Office of the Suffolk County Clerk on March 21,2007 in Liber 12497 page 249 and said adjoining premises bearing the current Suffolk County Tax Map Nos. 1000-007.00-04.00-009.000 & 010.000. By executing this instrument, the party of the first part consents to its recording in the Office of the Suffolk County Clerk and acknowledges that, by the execution and delivery of this instrument, she is releasing, for herself and for her successors and assigns forever, any and all rights she or said successors and assigns may have to the parcel described on Schedule A hereto, for access to and from said adjoining parcel or for the installation and maintenance of utility services to the same, by reason of her or their ownership of said adjoining parcel. TOGETHER with all right, title and interest, if any, o[ the party of the first part in and to any streets and roads abutting the 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, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the rig ht to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Gwendolin[ Arlne Ha~r~ Standard NY.B.T.U. Form 8004 - Quitclaim Deed - Uniform Acknowledgment (single sheet) INEW YORK STATE State of New York, County of ss.: ' = Stat~ of New York, County of ss: On the day of in the year undersigned, personally appeared before me, the On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State of Connecticut; County of L'~ ~'ck'~C'~ ¢--[~. ss: on the..*~ day of June in the year 2011 before me, the undersigned, personally appeared Gwendoline Anne Harris personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the. iqdividual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned i~ (insert the City or~o~her political subdivision) in the State of Connecticut. (s-~at~re Vd office o~lndividual taking acknowledgment) jii, AN MARIE BRANT .NOTARY pI:FJIX, ZC ~y (~:M41SSIOI'I E~(I=~ I~AY 31,2015 QUITCLAIM DEED GWENDOLINE ANNE HARRIS TO FISHERS ISLAND DEVELOPMENT CORPORATION STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by LandAmerica Cem~0~wealth Land Ttle Insurance C0mpar~ La~e~ ~itle Insurance C0rp0rat~0n Transnstin~ Tiffe In.ante £o~ny of ~ew ¥~ DISTRICT 1000 SECTION 007.00 BLOCK 02.00 LOT plo 010.000 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) Private Road Fishers Island, NY 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A TO DEED Party of the First Part:Gwendoline Anne Harris Party of the Second Part: Fishers Island Development Corporation Deed Dated: June 'Z-~ , 2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the right having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE southwesterly following the arc of said curve, 53.26 feet to a point; THENCE South 49° 01' 20" West, 205.55 feet to a point of curve to the point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 40' 58' 40" West; THENCE westerly following the arc of said curve, 44.17 feet to a monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72° 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40° 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to the point in the southwesterly line of said private road; THENCE North 09° 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. Containing 11,640 square feet, more or less. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 4 Receipt Number : 11-0079560 TRANSFER TAX NUMBER: 10-25517 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 007.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $o.oo Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-25517 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 07/18/2011 12:00:36 PM D00012665 713 Lot: 010.000 Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $30.00 NO $0.00 NO $350.00 Number of pages 5- TORRENS Serial/4 Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 31 Page / Filing Fee ~,~ 0 __ Handling (~, 00 TP-584 ~ Notation EA-5217 (County) (~'"- __ EA-5217 (State) ,20' x)'~O R.P. TS.A. '~ ~' Comm. of Ed. 5. 00 Affidavit Certified Copy Reg. Copy Other ) '~ Sub Total FEES e Sub Total , 30~) Grand Total ~ ~ ~ Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES __ or NO If NO, see appropriate tax clause on page #_ of this instrument. do -,3(.)- / / 4 Districtl000 Section 007.00 Block 02.00 Loi~,P/O 010.000 5 Community Preservation Real 11014876 .ooo 00700 o2od xoooo ........ Property /~'~%.. _onslaeratton~FTa~ Due ,~moum $ Tax Service IRDTY A) 2~.// ~' Improved" Agency '~ 1--,JUL-II/r Verification 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: TD /b TD TD I 7 [ Title Company Information Co. Name Chicago Title Insurance Company Tit e/4 Cll-7474-10620SUFF STEPHEN L. HAM, Ill, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11946 Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCLAIM DEED (SPECIFY TYPE OF INSTRUMENT) THE HENRY L. FERGUSON MUSEUM, INC. The premisis herein is situated in TO FISHERS ISLAND DEVELOPMENT CORPORATION made by: SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (63 I) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (63 I) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southa~npton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerel~ Edward P. Ramaine Suffolk County Clerk CONSULT YOUR LAWYER BEF~SIGNING THiS INSTRUMENT-THIS INSTRUMEN~OULD BE USED BY LAWYERS ONLY t¢ · . THIS INDENTURE, made the '~ day of June, two thousand eleven, BETWEEN THE HENRY L, FERGUSON MUSEUM, INC., a charitable corporation organized and existing under and by virtue of the laws of the State of New York, with its principal office at (no #) Equestrian Avenue, Fishers island, New York 06390, party of the first part, and FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices at (no #) Equestrian Avenue, Fishers Island, New York 06390, par[y of the second part, WITNESSETH, 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 remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all of her right, title and interest, if any, in and to 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, being more particularly bounded and described as set forth on Schedule A hereto. The party of the first part is the owner of premises adjoining the premises described on Schedule A hereto on the south, said adjoining premises being more particularly described in the deed thereto to the party of the first part recorded in the Office of the Suffolk County Clerk on September 20, 1990 in Liber 11139 page 322 and said adjoining premises bearing the current Suffolk County Tax Map No. 1000-007.00-04.00-008. By executing this instrument, the party of the first part consents to its recording in the Office of the Suffolk County Clerk and acknowledges that, by the execution and delivery of this instrument, it is releasing, for itself and for its successors and assigns forever, any and all rights it or said successors and assigns may have to the parcel described on Schedule A hereto, for access to and from said adjoining parcel or for the installation and maintenance of utility services to the same, by reason of its or their ownership of said adjoining parcel. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITN ESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. THE HENRY L. FERGUSON MUSEUM, INC. Rob Vice President - Land Trust Standard N.Y.B.T,U Form 8004 - Quitclaim Deed - Uniform Acknowledgment (single sheet) State of New York, County of ss.: State of New York, County of ss: On the day of in the year undersigned, personally appeared before me, the On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is satisfactory evidence to be the individual(s)whose name(s)is subscribed to the within instrument and acknowledged to me that (are) subscribed to the within instrument and acknowledged to me he executed the same in his capacity, and that by his signature on that he/she/they executed the same in his/her/their capacity(les), the instrument, the individual, or the person upon behalf of which and that by his/her/their signature(s) on the instrument, the the individual acted, executed the instrument, individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State of Connecticut; County of Fairfield ss: ©nthe o~l dayofJuneintheyear2011 beforeme, the undersigned, personally appeared Robert J. Miller personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of Stamford in the State of Connecticut. (signature and office of individual taking acknowledgment) CONNIE M. FALKENSTEIN MY COMMISSION EXPIRES OCT, $1,2011 QUITCLAIM DEED THE HENRY L. FERGUSON MUSEUM, INC. TO FISHERS ISLAND DEVELOPMENT CORPORATION STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by LandAmedca Commonwealth Land Title Insulance Com~ar~ La?[yer~tle Insurance Cc,@orat]on DISTRICT 1000 SECTION 007.00 BLOCK 02,00 LOT plo 010.000 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) Private Road Fishers Island, NY 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCH. E, DU[,E A TO QUIT. CLAiM DEED Party of the First Part: Party of the Second Part: Quitclaim Deed Dated: The Henry L. Ferguson Museum, Inc. Fishers Island Development Corporation June ~1,2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the right having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE southwesterly following the arc of said curve, 53.26 feet to a point; THENCE South 49° 01' 20" West, 205.55 feet to a point of curve to the point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 40° 58' 40" West; THENCE westerly following the arc of said curve, 44.17 feet to a monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72° 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40" 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to the point in the southwesterly line of said private road; THENCE North 09° 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. Containing 11,640 square feet, more or less. Southold Town Planning Board Work Session - Pa.qe Two - June 61 2011 , L0cat!0r): 577.~.5 ..R.o. ute. ~ 5,~ S~uthold .................................... Description: This site plan is for the new construction of 3,694 sq. fl. of first f oor retail, 3,000 sq. fl. of basement storage, 392 sq. ff. of accesso~ office, and 2,000 sq. ft. of attic storage with 27 parking spaces provided on a 20,002 Status: ~. ~!n~l?en~!ng ...~ s. pe~..~ Action: i Review a~p cant's reguest forpat o AEachmen~s; .......[ Le~er from Applicant [ P[0J~c~ name .... I FIDCOIFerguson Mus_?u.m_!Ha.rri___~ .L .S~-~.~f~.L ..!0_.0_0:7.:.!.:6.:!, 7...~..2.:.!.0 ~ Location: ~.(go ~.~.~a~ .[O~d °~.9f_~S~. ~._~ga.~.~....~.)~.~.J.~]~ ' Description: ~ This proposed lot line change/re-subdivision will transfer a 15,145 sq. ~. potion of FIDCO Lot 38-1 (SCTM~1000-7-1~.1) to FIDCO Lot 38-2 (SCTM~1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Fudher, FIDCO Lot 38-7 (SCTM~1000-7-2-10) will transfer 11,640 sq. ff. to FIDCO Lot 38-2 (SCTM~1000-7). With this second transfer, FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO Lot 38-7 will decrease in size from 7.51 ~ ac.[es t9 ~:24.acre~..~.th~ R-120 zpn~n.g..D.~st~~- Status: Open Action: Review for Final Approval. 2 I~anza, Heather From: Sent: To: Subject: Attachments: Matthamesq@aol.com Thursday, June 02, 2011 11:46 AM Lanza, Heather Quitclaim Deed by Harris to FIDCO Harris to FIDCO Quitclaim Deed.pdf Heather - Attached is the quitclaim deed (legal description of the FIDCO road spur to be attached ) by which Anne Harris will release any rights she or her successors may have to use the FIDCO road spur that will be transferred to he~' late mother's parcel. This form has been approved by Barry Bryan (counsel to FIDCO) as satisfying FIDCO concerns. Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: matthamesq@aol.com CONSULT YOUR LAW~EFORE SIGNING THIS INSTRUMENT-THIS INSTRUOT SHOULD BE USED eY LAWYERS ONLY THIS INDENTURE, made the day of May, two thousand eleven, BETWEEN GWENDOLINE ANNE HARRIS, 17A Main Street, Salisbury, Connecticut 06068, party of the first part, and FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices at (no #) Equestrian Avenue, Fishers Island, New York 06390, party of the second part, WlTNESSETH, 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 remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all of her right, title and interest, if any, in and to 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, being more particularly bounded and described as set forth on Schedule A hereto. The party of the first part is the owner of premises adjoining the premises described on Schedule A hereto on the west, said adjoining premisas being more particularly described in the deed thereto to the party of the first part recorded in the Office of the Suffolk County Clerk on March 21, 2007 in Liber 12497 page 249 and said adjoining premises bearing the current Suffolk County Tax Map Nos. 1000-007.00-04.00-009.000 & 010.000. By executing this instrument, the party of the first part consents to its recording in the Office of the Suffolk County Clerk add acknowledges that, by the execution and delivery of this instrument, she is releasing, for herself and for her successors and assigns forever, any and all rights she or said successors and assigns may have to the parcel described on Schedule A hereto, for access to and from said adjoining parcel or for the installation and maintenance of utility services to the same, by reason of her or their ownership of said adjoining parcel. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. Gwendoline Anne Harris N WITNESS WHEREO F, the party of the first part has duly executed this deed the day and year first above written. Standard N.Y.B.T.U. Form 8004 - Quitclaim Deed - Uniform Acknowledgment (single sheet) TO BE U~I)ONLY WHEN THE ACKNOWLEDGMENT ~ IN NEW YORK STATE State of New York, County of ss.: On the day of in the year undersigned, personalty appeared before me, the personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. State of New York, County of ss: On the day of in the year before me, the undersigned, personalty appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWI.EDGMENT IS MADE OUTSIDE NEW YORK STATE State of Connecticut; County of ss: On the day of May in the year 2011 before me, the undersigned, personally appeared Gwendoline Anne Harris personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their cepacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (insert the City o~ other potitical subdivision) in the State of Connecticut. (signature and office of individual taking acknowledgment) QUITCLAIM DEED GWENDOLINE ANNE HARRIS TO FISHERS ISLAND DEVELOPMENT CORPORATION Dis'~buted by LandAmerica C~n~ith Lar~it~ I'~ur~c~ DISTRICT 1000 SECTION 007.00 BLOCK 02.00 LOT p/o 010.000 COUNTY ORTOWN SUFFOLK- SOUTHOLD STREET ADDRESS (no #) Private Road Fishers Island, NY 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE MATTH~EWS & HA~I ATZ01~NEYS A~D COUKS:~LOKS A~ LAw 38 NUOE~gT STRKKT SOUTHA]4PTON, NEW YORK 11968 May:16 2011 Ms. Heather Lanza Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 MAY 17 2011 Re~ Proposed Lot Line Changes for Jane M. Harris, The Henry L. Ferguson Museum, Inc. and Fishers Island Development Corporation (SCTM Nos. 1000-007.00-01.00-006.001 & 007.000 and plo 02.00-010.000) Dear Heather: In accordance with our recent telephone conversation, I have prepared and enclosed proposed deeds by which the Ferguson Museum and FIDCO will convey separate parcels of land to effectuate the lot line changes that are the subject of the referenced application. (Jane M. Harris died last fall after the original application was submitted so her Estate is the grantee on the deeds.) You will note that, in addition to the description of the specific parcel being conveyed (Schedule A), I have attached a perimeter description of the newly configured property as merged (Schedule B) and an excerpt from the lot line change map itself (Schedule C). In the case of the deed from FIDCO, I have also attached the usual FIDCO covenants and restrictions as required under the contract among the three parties (Schedule A-1 ). As we discussed, assuming the deeds are in a form acceptable to the Planning Board, please arrange to have the Board adopt a resolution granting conditional final approval of the lot line change at the June 13 meeting, with the only condition being the execution and recording of deeds in the form enclosed or with such changes and additions as you and I may agree to make to them between now and then. Sincerely, Enclosures Stephen L. Ham, III CONSULT YOUR LAWYER BEI~E SIGNING THIS INSTRUMENT-THIS INSTRUMEmHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of June, two thousand eleven, BE'FWEEN FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices at (no #) Equestrian Avenue, P.O. Drawer E, Fishers Island, New York 06390, party of the first part, and KENNETH R. PAGE and CITIBANK, N.A., as Co-Executors of the Estate of Jane M. Harrris, c/o Hughes Hubbard & Reed LLP, One Battery Park Plaza, New York, New York 10004, party ofthe second part, WITN ESSETH, 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 remise, release and quitclaim 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 pamel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE a portion of a private read lying between Block 38 - Lot 2 and Block 38 - Lot 7, as shown on the Map of Fishers Island Development Corporation, which said Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421, also constituting a portion of the same premises conveyed to the party of the first part by deed recorded in the Office of the Suffolk County Clerk on December 7, 1966 in Liber 6083 page 280. SUBJECT TO covenants, restrictions and agreements set forth in Schedule A-1 hereto. By accepting this deed, the party of the second part acknowledges and agrees that the premises conveyed hereby shall merge with and become a part of other premises of the party of the second part adjoining the premises conveyed hereby on the north and west (to wit, said Block 38 - Lot 2 and a portion of Block 38 - Lot 1 as shown on said Map of Fishers Island Development Corporation, said portion of Block 38- Lot 1 being acquired by the party of the second part simultaneously herewith) and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. A perimeter description of said merged parcel is set forth on Schedule B hereto and an excerpt from the lot line change map approved by the Planning Board of the Town of Southeld depicting the authorized land transfers is set forth on Schedule C hereto. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: FISHERS ISLAND DEVELOPMENT CORPORATION By Kathryn M. Parsons, President Standard NY.B,T,U. Form 8004 - Quitclaim Deed - Uniform Acknowledgment (single sheet) State of New York, County of SS,; On the day of in the year undersigned, personally appeared before me, the personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. State of New York, County of SS,; On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State of Connecticut; County of New London ss.: On the day of June in the year 2011 before me, the undersigned, personally appeared Kathryn M. Parsons personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the in the State of Connecticut. (insert the City or other political subdivision) (signature and office of individual taking acknowledgment) Notary Public QUITCLAIM DEED Title No. FISHERS ISLAND DEVELOPMENT CORPORATION TO ESTATE OF JANE M, HARRIS STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by DISTRICT 1000 SECTION 007.00 BLOCK 02.00 LOT p/o 010.000 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) private road off East End Road Fishers Island, New York 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A TO DEED Party of the First Part: Party of the Second Part: Deed Dated: Fishers Island Development Corporation Estate of Jane M. Harris June ,2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the right having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE southwesterly following the arc of said curve, 53.26 feet to a point; THENCE South 49° 01' 20" West, 205.55 feet to a point of curve to the point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 40° 58' 40" West; THENCE westerly following the arc of said curve, 44.17 feet to a monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72° 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40° 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to the point in the southwesterly line of said private road; THENCE North 09° 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. Containing 11,640 square feet, more or less. SCHEDULE A-1 TO DEED Party of the First Part: Fishers Island Development Corporation Party of the Second Part: Estate of Jane M. Harris Deed Dated: June ,2011 The premises described in Schedule A hereto are conveyed subject to the following covenants, restrictions and agreements. That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after April 15, 2005, the grantee, his heirs, successors and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park," shall not exceed in any one year $100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park", shall not exceed in any one year $2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph. SCHEDULE B TO DEED Party of the First Part: Party of the Second Part: Deed Dated: Fishers Island Development Corporation Estate of Jane M. Harris June ,2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the left having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE northerly following the arc of said curve, 35.57 feet to a point; THENCE North 08° 15' 40" West, 99.54 feet to a point which is located 1132.22 feet West of a point which is 1957.67 feet North of said NIN monument; THENCE North 88° 15' 16" West, 249.71 feet to a point at the shore of West Harbor; THENCE along the shore of West Harbor, the following two (2) courses and distances: (1) South 37° 19' 47" West, 132.13 feet to a point; and (2) South 41° 29' 40" West, 72.28 feet to a point; THENCE South 44° 46' 30" East, 235.21 feet to a monument which is located 1344.14 feet West of a point which is 1639.10 feet North of said NIN monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72° 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40° 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to a point in the southwesterly line of said private road; THENCE North 09° 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. SCHEDULE C TO DEED Party of the First Part: Party of the Second Part: Deed Dated: Fishers Island Development Corporation Estate of Jane M. Harris June ,2011 / / // / / / / / / / / / N/'Y OWENOOLINE ANNE HARRIS BLOCK 38 PORTiON OF BLOCK 38 - LOT 1 BE DEEDED 38 - LOT2 AREA = 15,14'5'~' SF JANE 14. HARRIS 1122 CLAY POINT RD. BLOCK 38 LOT 2 (AREA,=1.62+ ACRE~) F~OCO (UNa~P~OV~O ~OAO) 70 BE DEEDED 'fid JANE ~. (~_oc~ ~ - ~T ~) 17.9 HENRY L. F~RGUSON MUSEUM, INC. BLOCK 38 LOT 7 (0.75± ACRES) - 09-05-90 CONSULT YOUR LAWYER BE~[~E SIGNING THiS INSTRUMENT-THIS INSTRUME~HOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of June, two thousand eleven, BE'nNEEN THE HENRY g FERGUSON MUSEUM, INC., a charitable corporation organized and existing under and by virtue of the laws of the State of New York, with its principal office at (no #) Equestrian Avenue, Fishers Island, New York 06390, party of the first part, and KENNETH R. PAGE and CITIBANK, N.A., as Co-Executore of the Estate of Jane M. Harrris, cio Hughes Hubbard & Reed LLP, One Battery Park Plaza, New York, New York 10004, party of the second part, WITNESSETH, 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 remise, release and quitclaim 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, together with the buildings and improvements erected thereon, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE a portion of Block 38 - Lot 1 as shown on the Map of Fishers Island Development Corporation, which said Map was flied in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421, also constituting a portion of the same premises conveyed to the party of the first part by deed recorded in the Office of the Suffolk County Clerk on September 27, 2002 in Liber 12211 page 741. By accepting th is deed, the party of the second part acknowledges and agrees that the premises conveyed hereby shall merge with and become a part of other premises of the party of the second part adjoining the premises conveyed hereby on the south and west (to wit, Block 38 - Lot 2 as shown on said Map of Fishers Island Development Corporation and a portion of a private road lying between Block 38 - Lot 2 and Block 38 - Lot 7, as shown on said Map of Fishers Island Development Corporation, said portion of a private road being acquired by the party of the second part simultaneously herewith) and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. A perimeter description of said merged parcel is set forth on Schedule B hereto and an excerpt from the lot line change map approved by the Planning Board of the Town of Southold depicting the authorized land transfers is set forth on Schedule C hereto. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the rig ht to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: THE HENRY L. FERGUSON MUSEUM, INC. By Robert J. Miller, Vice President - Land Trust Standard N,Y.B.T.U. Form 8004 - Quitclaim Deed - Uniform Acknowledgment (single sheet) State of New York, County of SS.: On the day of in the year undersigned, personally appeared before me, the personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, er the person upon behalf of which the individuals acted, executed the instrument. State of New York, County of SS.: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State of Connecticut; County of Fairfield ss.: On the day of June in the year 2011 before me, the undersigned, personally appeared Robert J. Milter personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the in the State of Connecticut. (insert the City or other political subdivision) (signature and office of individual taking acknowledgment) Nota~J Public QUITCLAIM DEED Title No. THE HENRY L. FERGUSON MUSEUM, INC. TO ESTATE OF JANE M. HARRIS STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by DISTRICT 1000 SECTION 007.00 BLOCK 01.00 LOT plo 006.001 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) private road off East End Road Fishers Island, New York 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A TO DEED Party of the First Part: Party of the Second Part: Deed Dated: The Henry L. Ferguson Museum, Inc. Estate of Jane M. Harris June ,2011 A certain tract or parcel of land, together with the buildings and improvements erected thereon, located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a monument southwesterly line of a private road, said monument being located 1122.68 feet West of a point which is 1891.42 feet North of another monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN"; and RUNNING THENCE along said road line North 08° 15' 40" West, 66.94 feet to a point; THENCE North 88° 15' 16" West, 249.71 feet to a point at the shore of West Harbor; THENCE South 56° 35' 20" East, 170.55 feet to a point; THENCE North 80° 15' 20" East, 118.50 feet to the monument at the point or place of BEGINNING. Containing 0.35 acres, more or less. SCHEDULE B TO DEED Party of the First Part: Party of the Second Part: Deed Dated: The Henry L. Ferguson Museum, Inc. Estate of Jane M. Harris June ,2011 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the left having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE northerly following the arc of said curve, 35.57 feet to a point; THENCE North 08° 15' 40" West, 99.54 feet to a point which is located 1132.22 feet West of a point which is 1957.67 feet North of said NIN monument; THENCE North 88° 15' 16" West, 249.71 feet to a point at the shore of West Harbor; THENCE along the shore of West Harbor, the following two (2) courses and distances: (1) South 37° 19' 47" West, 132.13 feet to a point; and (2) South 41° 29' 40" West, 72.28 feet to a point; THENCE South 44° 46' 30" East, 235.21 feet to a monument which is located 1344.14 feet West of a point which is 1639.10 feet North of said NIN monument; THENCE South 40° 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72° 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40° 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to a point in the southwesterly line of said private road; THENCE North 09° 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. SCHEDULE C TO DEED Party of the First Part: Party of the Second Part: Deed Dated: The Henry L. Ferguson Museum, Inc. Estate of Jane M. Harris June ,2011 / / / / / / / / / / // // / OWENOOLIN£ ANNE HARRIS BLOCK 58 BLOCK 38 - LOT 1 BE DEEDED 38 - LOT 2 AREA = 15,1454' SF ACRS) { JANE t~. HARRFJ \, 1122 CLAY POli~rr RD. ~ , ~K ~ LOT 2 nDco (UNImpROVeD ROAD) TO BE DEEDED TO JANE M. HARRIS (~.OCK 38 - LOT 2) "~ ~ HENRY L, ~<,,~'~ LOT LINE FERGU$ON MUSEUM, INC. ,~ ',~,~ BLOCK $8 LOT 7 Ms. Heather Lanza Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 MATTHEWS & ATTORNEYS AND COUNSELORS AT Law 88 NUOENT STREET SOUTHAMPTON, NEW YORK 11068 March 16, 2011 Re; Proposed Lot Line Changes for Jane M. Harris, The Henry L. Ferguson Museum, Inc. and Fishers Island Development Corporation (SCTM Nos.1000-007.00-01.00-006.001 & 007.000 and plo 02.00-010.000) Dear Heather: I have enclosed an excerpt from the Map of Fishers Island Development Corporation that shows the area where the proposed lot line changes referenced above will occur. The FIDCO Map was approved by the Suffolk County Department of Health Services in the late 1980's and by the Town of Southold Planning Board in the early 1990's. (I believe a version of it was also approved by the Planning Board in the mid- to late-1980's.) The FIDCO Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421. Most of the lots on the FIDCO Map are numbered lots, with the numbers corresponding to the designations on the old Olmsted Plan on which the Map is largely based. However, between the late 1920's when the Olmsted plan was prepared and the late 1980's and early 1990's when the FIDCO Map was finalized and approved, numerous changes were made. Some of the changes involved actual subdivisions of oversized lots; others involved the combination and re-subdivision of lots; still others involved boundary line modifications. Those changes were incorporated into the FIDCO Map that was ultimately approved and filed. The lots identified on the enclosed excerpt as "Johnson" and "Corbiere" are identified on the Olsmsted Plan as Lots 38-3, 38-6, 38-8, 38-9 and 38-10. According to Dick Strouse, sometime in the 1970's the then owners rearranged the boundaries to form two acceptable building sites with approximately equal frontage on Fishers Island Sound. Ms. Heather Lanza Page 2 March 16, 2011 Dick provided me with the enclosed excerpt from the Olmsted Plan which shows the old designations. As you can see from his notes, Corbiere and Johnson owned the five lots separately. With the Corbiere/Johnson combinations and boundary modifications completed, the FIDCO road spur (which will be combined with the Harris property under our application) became extraneous since the lots for which it was to have provided access (Lots 38-3 and 38-6) were combined with other lots that had ample frontage on the F IDCO road system. Without doing further research, I cannot explain how the lot identified as "Corbiere" came to have two separate tax map numbers, though that likely resulted from the way the deed descriptions were prepared to complete the land exchanges between Corbiere and Johnson. I am advised that one of the tax lots consists largely of wetlands (the one that would use the road spur for access) and you can clearly see that FIDCO considers them a single parcel. For that reason, as I advised the current owner when she purchased the lot from the Corbiere family a few years ago, the "Corbiere" lot is a single building site even though it is comprised of two separate parcels for tax purposes. Even if the lot met the criteria for lot recognition and all environmental concerns could be addressed, I believe FIDCO, which has authority to approve building plans, would deny an application for a second dwelling at this site. Having given you this lengthy explanation, the issue of access through the FIDCO road spur, whether or not there are two building sites at the Corbiere property, will be addressed at the time our proposed land transfers to effectuate the lot line changes are made. As I told you over the phone this morning, under the contract among the three parties involved, it is a condition to FIDCO's obligation to convey the road spur to Harris that the owner of the "Corbiere" property release any rights she may have to use the spur for access. If the Planning Board is not otherwise satisfied that the tax lot in question does not need the paper road for access, then you can make it a condition to its approval that a quitclaim deed or other instrument releasing access rights be recorded at the time the relevant land transfers are made. Please give me a call if you have any questions or comments or would like copies of any other information or documentation I may have. Sincerely, Stephen L. Ham, III Enclosures DEPARTMENT OF PLANNING Town of Southold Planning Board Office P.O. Box 1179 Southold, N.Y. 11971 Att: Ms. Tamara Sadoo, Planner COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE March 2, 2011 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Re: FIDCO/Ferguson Museum/Harris Lot Line Change Suffolk County Tax Map No.: 1000-7-1-6.1, 7 and 1000-7-2-10 Suffolk County Planning File No.: S-SD-11-01 Dear Ms. Sadoo: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referenced subdivision that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. AA:aa Sincerely, Thomas Isles, AICP Director of Planning Andrew Amakawa Research Technician LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 FISHERS ISLAND FIRE DISTRICT P.O. BOX 222 FISHERS ISLAND, NEW YORK 06390 Peter J. Brock Jeffrey D. Edwards Aaron R. Lusker Jennifer S. Sanger James M. Wall Kristen M. Peterson Secretary Catherine H. Edwards 2 March2011 Town of Southold - Planning Board Office Attn: Tamara Sadoo P.O. Box 1179 Southold, NY 11971 Dear Ms. Sadoo, The Fishers Island Fire District has no recommendation for the proposed lot adjustment (SCTM #1000-7-1-7, 7-1-6.1, 7-2-10) as the movement of the property line is incidental and poses no alteration in the Fishers Island Fire Department's ability to respond in an emergency.. Please feel free to contact me with any further questions or concerns. Sincerely, Phone: (631)788-7019 E-mail: fifiredistrict,~a',fishersisland.net Fax: (631)788-7094 Page I of 1 Sadoo, Tamara From: Richter, damie Sent: Tuesday, January 18, 2011 11:57 AM To: Sadoo, Tamara Subject: FIDCO Lot Line Adjustment SCTM #: 1000-7-1-7, 7-1-6.1 & 7-2-10 Tamara Sadoo; Planning Board I have reviewed the proposed lot line change for the above referenced properties. At this time, I see no issues related to the approval of the proposed change. If you have any questions, please feel free to contact my office. James A. Richter Office of the Engineer Town of Southold 1/18/2011 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING,aDDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Janua~ 14,2011 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: John Corral Gentlemen: . ~ .~- ~ A14-24, Suffolk Co~ .tire Code, the Southold Town Planning Pursuant.to~ Section Board hereby refers the following propos;ed ~pl~flSn to the Suffolk County Planning Commission: Map of: Lot Line Adjustment -FIDCO/Ferguson Museum/Harris Hamlet/Locality: Fishers Island S.C.D.P.W. Topo No.: Zoning: R-120 S.C. Tax Map No: 1000-7-1-7, 7-1-6.1,7-2-10 Stand. Sub. MATERIAL SUBMITTED: Subdivision Plat (1) X Topographical Map (1) Conserv. Sub. Site Plan Road Profiles (1)__ Site Plan (1). Cluster Lot Line Change~X__ Drainage Plan (1).__ Grading Plan (1)__ Other materials (specify and give number Of Copie~) One copy of Town of Southold Zoning Board of APpeals Variance Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( X ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board, 3. E,l.S. statement enclosed. ( )Yes ( )No (NA) 4. The proposed division has received approval from the Suffolk County Department of Health. (X)Yes ( )No Comments: This proposed lot line change/re-subdivision will transfer a 15,145 sq. ft. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7, a FIDCO ROW (SCTM#1000-7-2-10) will transfer 11,640 square feet to FIDCO Lot 38-2 (SCTM#1000-7). With this second transfer FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO ROW Lot 38-7 will decrease in size from 7.51 acres to 7.24 acres in the R- 120 zoning district. We request acknowledgement of receipt of this referral ( ) Yes ( )No Referral received and assigned File No. .20il by the Suffolk County Planning Commission Sincerely, Tamara Sadoo Planner PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 January 14, 2011 Ms. Catherine Edwards Secretary and Treasurer PO Box 222 Fishers Island, NY 16390 Re~ Request for review on Lot Line Adjustment -FIDCO/Ferguson Museum/Harris SCTM#1000-7-1-7, 7-I-6.1, 7-2-10 Zoning District: R-120 Dear Ms. Edwards: The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This proposed lot line change/re-subdivision will transfer a 15,145 sq. fi. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO LOt 38-7, a FIDCO ROW (SCTM#1000-7~2-10) will transfer 11,640 square feet to FIDCO LOt 38-2 (SCTM#1000-7). With this second transfer FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO ROW Lot 38-7 will decrease in size from 7.51 acres to 7.24 acres in the R-120 zoning district. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Tamara Sadoo Planner Encls.: Subdivision Application Subdivision Plat PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLL~/I J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSK/ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southo]d, N-Y Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: January 14, 2011 Re: Lot Line Adjustment -FIDCO/Ferguson Museum/Harris Application Name: FIDCO/Ferguson Museum/Harris Tax Map Number: 1000- 7-1-7, 7-1-6.1, 7-2-10 Location: Fishers Island, R-120 Type of Application: Sketch Subdivision Map (Dated: 10-101-10) Preliminary Subdivision Map (Dated: Final Subdivision Map (Dated: Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposed lot line change/re-subdivision will transfer a 15,145 sq. i~. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7, a FIDCO ROW (SCTM#1000-7-2-10) will transfer 11,640 square feet to FIDCO Lot 38-2 (SCTM#1000-7). With this second transfer FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO ROW Lot 38-7 will decrease in size from 7.51 acres to 7.24 acres in the R-120 zoning district. Additional Comments: Application received area variance in December 2010. Thank you for your cooperation. Southold Town P annin.q Board Work Session - PaRe Two - January 10, 2011 portion of FIDCO Lot 38-1 (SCTM~1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM~1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 ;, acres to 1.97 acres. Fu~her, FIDCO Lot 38-7 (SCTM~1000-7-2-10) will transfer 11,640 sq. ff. to FIDCO Lot 38-2 (SCTM~1000-7). With this ~ second transfer, FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO Lot 38-7 will decrease in size from 7.51 acres to 7.24 acres in the R-120 Zoning ~j~t~: Status~ 'Open ~'~ Op:~'~ ~'~'~ ~ ~' ~'}~ ~ii'~t ~n out for comment. ~ttap~meots~ j.~aff from Kayleigh's Cou~ in East Marion :~ into ~o lots, where Lot I = 3.7667 acres, including 1.7229 acres of open space, and Lot 2 = 7.6751 acres, including 4.6711 acres of open ~ta~us; ~ ~.eg~ona! ~[~l~min~.Appr0y~ Action: Accept applicant's submission re: drainage and refer to Southold Town ~ ~gg~ee[i~g !n~pe.C~0[: :~ Attachments: None 5:30 p.m. Review Public Meeting Agenda Discussion: Fields at Mattituck - request for a 2nd road 2 ~VIATTHEW$ & ~IAl~f December 28, 2010 Ms. Tamara Sadoo Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: Proposed Lot Line Change for Jane M. Harris, The Henry L. Ferguson Museum, Inc. and Fishers Island Development Corporation (SCTM Nos.1000-007.00-01.00-006.001 & 007.000 and p/o 02.00-010.000) Dear Tamara: I have enclosed a copy of the Findings, Deliberations and Determination of the Zoning Board of Appeals granting the area variance required in order for the referenced lot line change to go forward. With the variance having been granted, I would appreciate it if you would now proceed with the steps necessary for approval of the Planning Board application I submitted this past fall. Thank you for your attention to this matter. Enclosure Sincerely, Stephen L. Ham, III BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard R Goehringer George Homing Ken Schneider Southold Town Hail 53095 Main Road · P.O. Box 1179 Southold, NY i 1971-0959 Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 2010 ZBA FILE: 6431 NAME OF APPLICANT: Henry L. Ferguson Museum, Inc. SCTM 1000-7-1-6.1 & 7, &p/o 7-2-10 PROPERTY LOCATION: Clay Point Road, (adj. to West Harbor) Fishers Island, NY SEO1LA .DETFRMINATION: The Zoning Board of Appeals has visited the property, under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk Count' Department of Planning isst~ed its reply dated Nov. 8,2010 stating that this application is considered a matter for local determination as there appears to be no significant count3-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards· The LX\.qKP Coordinator issued his reply dated November 29.20I 0, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as we]] as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT ,~ith the LWRP. PROPERTY FACTS/DESCRIPTION.' The Applicant's property [1000-7-1-6.1] is an irregularly shaped, non- conforming 89,730+/- sq. ft. unimproved waterfront parcel in the R-120 Zone. The northerly lot line measures 145.80 ft. along an adjacent parcel. The easterly lot line measures 467.72+/- ft. along a private road, AKA Clay Peint Road. The southerly lot Iine measures 289.05 ft. along the adjacent lot 1000-7-1-7 currently owned by Jane M. Harris. The westerly 1ot line measures 428.91 ft. along West Harbor, Fishers Island Sound. The adjacent Harris prope~,, [1000-7-1-7] second party' to the proposed Iot line change, is a non-conforming 70,590+/- sq. ft. improved waterfront parcel in the R-120 Zone. The northerly lot Iine of 1000-7-I-7 measures 289.05 ft. along the adjacent subject parcel 1000-7-1-6.1. The easterly lot line measures 68.17 ft. along the Clay Point Road. The westerly lot line measures 235.21 ft. along an adjacent parcel, with an additional 204.41 ft along West Harbor, Fishers Island Sound. The southerly lot line measures 302.98+/- ft. along a 40 ft. wide private ROW owned by Fishers Island Development Corp., AKA FIDCO. FIDCO, third party to the proposed lot line change, currently has title to lot 1000-7-2-10, a 7.51 acre parcel, which also includes the portion mentioned above for use as a private 40 fi. wide ROW, of which 11,640+/- sq. ft. of this ROW is proposed to be deeded to lot 1000-7-1-7 to increase the total sq. ft. lot size of this parcel. The subject properties, 1000-7-1-6.1 [Museum], 1000-7.1-7 [Harris] with the · existing single family residence, and accessory garage, along xvith the adjacent FIDCO ROW on lot 1000-7-2-10 are shown on the revised survey drawn by CME Associates and dated Oct. 02, 2010. BASIS OF APPLICATION: Requests for variance from Code Section 280-14, based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disapproval concerning a lot line change: two non-conforming tots m less than the code required ]20,000 sq. fi.. in a RI20 zone. Location: Cia) Point Rd. (adj. so West Harbor), Fishers island, NY. SCTM#'s:I000-7-1-6.1, 7 & p/o 10. RELIEF REQUESTED: The applicant, Henry L. Ferguson Museum, owner of lot 1000-7-1-6.1, proposes a lot line change with ac[iacent parcel, lot 1000-7-1-7, currently owned by Jane M. Harris. The previous owner of both lots, David Harris, in 2002, without the benefit of having an up to date survey, conveyed lot 1000-7-1-6.1 to the Ferguson Museum, without also realizing that a section of his single family dwelling, thought to be entirely located on lot 1000-7-1-7, actually had a building footprint that partially straddled the existing lot line onto adjacent lot 1000-7-1.6.1. The intent of elderly Mr. Harris was to convey an unimproved parcel [1000-7-1-6.1] to the Ferguson Museum for the purpose of Iand preservation. The Applicant, in agreement with Jane Harris, the current owner of the improved parcel, has proposed a lot line change that conveys a 15,145+/- sq. ft. portion of lot 1000-7-I-6.1 to lot 1000-7-1-7 in order to correct the existing situation. FIDCO, owner of an unimproved portion of a 40 fl wide private ROW, has further agreed to deed the portion of the ROW adjacent to the southerly lot line of lot 1000-7-1- 7, containing 11,640+/- sq. ft., to lot 1000-7-I-7 to further increase lot size. Upon approval of the proposed lot line change unimproved lot 1000-7-1-6.1 will decrease in size by 15,145+/- sq. ft., from 89,730 +/- sq. ft. to 74,585+/- sq. ft. Improved lot 1000-7-1-7 will increase in size by 15,145+/-, plus and additional 11,640 sq. ft taken from the FIDCO private ROW, and will be enlarged from 70, 590+/- sq. ft. to 97,375 sq. ft. Both lots, before and after the proposed lot line change, will remain non-conforming to Town Code in regard to actual required lot size of 120, 000 sq. ft. in the R-120 Zone. ADDITIONAL INFORMATION: The file contains a letter from the Town of Southold Planning Board, dated Nov. I5, 2010, stating support for the Applicant's proposed lot line change, and fitrther stating that FIDCO will submit notarized affidavits verifying that the adjacent portion of the FIDCO 40 fl wide private ROW will be transferred to lot 1000-7-1-7. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Dec. 2, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. Town Law ~267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. After the lot line change, the existing single family residence on lot I000-7-1-7 wilI have a conforming side yard setback from the newly established lot line in common with the adjacent unimproved parcel. Lot 1000-7-1-6.1 will remain unimproved, subject to the recorded Declaration of Covcnant/Restrictions dated Dec. 12, 2002, which declares, among other statements, that the parcel does "contain a significant natural habitat.....which the Declarant desires and commits itself to conserve and protect....[and] shall be held in perpetui~' subject to the following covenanls aud restrictions.....'. 2. Town La,,*' §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed lot line will correct an error that happened from past construction by a previous owner who owned both lots. The lot line change is necessary to insure that the improvements on lot 1000-7-1-7 are entirely within the confines of that parcel, and no longer encroach upon land contained within adjacent unimproved lot 1000-7-1-6.1. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. Unimproved lot 1000-7.1-6.1 will be reduced in area lot size by I5,145 sq. ft.+/- or 17%+/- from existing 89,730 sq. ft. to new size of 74,585 sq. fl. Improved parcel will be increased in area lot size by the addition of the same 15,145+/- sq. ft. or 17%+/- plus an additional 11,640 sq. ft. added from the FIDCO ROW for a total increase of 26,785 sq. ft. or 38%+/- from the existing 70,590 sq. ft. to new size of 97,375 sq. ft. Although both parcels will remain non-conforming in regard to lot size required by Town Code in the R-120 Zone, and the shift of the common lot line will somewhat reduce the size of lot 1000-7-1-6.1, this reduction will be more than offset by the increase in the size of lot 1000-7-1-7. 4. Town Law ~26~-b131I,bI(4) No evidence has been submitted to suggest that a variance in this residential communi? will have an adverse impact on the physical or environmental conditions in the neighborhood. Lot 1000-7-1-6.1 x~ilt remain unimproved, and lot i000-7-1-7 will remain improved with the same single family dwelling and accessory garage that existed there prior to the lot line change. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is due to the fact that the previous owner of both parcels inadvertently constructed a wing of the existing single family residence on lot 1000-7-1-7 that partially encroached upon the area of adjacent lot 1000-7-1-6.1, which the same previous owner then in good faith deeded to the Henry L. Ferguson Museum in 2002 for the expressed purpose of wildlife habitat preservation. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a scenic wildlife habitat on an unimproved waterfront parcel overlooking West Harbor and Fishers Island Sound, while respecting the intent of the previous, and current land owner to maintain a single family dwelling on the adjacent parcel, and also while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and as shown on the site survey prepared March 25, 2010, last revised Oct. 02.2010 by CME Associates Engineering, Land Surveying & Architecture, PLLC. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject properB, that may violate the Zoning Code. other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the rightto substitute a similar desi[m that is de minimis in nature for an alteration that does not increase the degree of noncontormit5 Fole of the Board: Ayes: Members fJ/eisman (Chaitperson), Goehringer, Dinizio, Schneider. Member Homing by phone no voti~g rights. This Resolution was duly adopted r'4 -0 ?. ~eslie Kan'es Weisman, Chairperson Approved for filing ,d~/// /2010 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November t5, 2010 4:00 p.m. 4:00 p.m. Site Plans & Subdivisions L_oc_ati_o__n:_ ............................... .3_~_8.5__Y_0_u.n~!]s__A_v_e~_u._e___on_.t_h__e_s__/~v__/__c/_o__C_R__48~a_n__d Yours Ave., Southold Description: This amended site plan is for the applicant to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in , ........................................ t.h_e__G_e..n.~[a I_B_u_s.!_n_e _s~_ _Z_o_ nj_ng_D_is__t, ri~: · Status: Site Plan Review , Action: ; B~v!ew..S~a.ff_Re_po_~.._ , _ e_ n_t S:' ................ _p0rt. ........... -~.~atio~.: ....................... ~'~?)-N-Y~-~{~-25, 100~-e~o-P~att R0ad,-b-~-~t ............................. parcel located on the no~h side of Main Road, approximately 100' east Pla~ Road, in the R-80 Zoning District. Action: Planning Staff recommends for the Planning Board to formally ac~pt the' application for review, refer the application to involved interested ag~.~.~.~d..~_~e_~bli~e~ rin ~[_~_2~ 3~1~: .............................. ~ Attachments: ' equipment area on an existing utility pole. The antennae are Io~ted ~. m.~y~_~ t~e~o~t~.~.~ a_~.~ht of 84 feet. Status: ZBA - re~.~. ~.9om~~ ........................... ~AEachments: ............................................................................... Z Draft Comments I _pr_oLe_ct__n_a_m__e: .... ]~F!_D...C_O_~.F_er_guson MuseumlHarr,s Ls_c_.T._M_~_.'j~_0_0_0_-?_I__-._6:I__'~__&_~:.!._o____.t Location: (_n_o #) private road off of East End Road, Fishers Island D~-~'-ip't]-~-n'i ....... ~i]-~"i~'~i~¥diot line change/~:~-;i~-(~iii-'i[~'S~¥~-;i"~':':l'~"~¥~t¥ portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7 (SCTM#1000-7-2-10) will transfer 11,640 square feet to FIDCO Lot 38-2 (SCTM#1000-7). With this second transfer, FIDCO Lot 38-2 w ncrease n tota s ze from 1.62 acres to 2.24 acres. FIDCO Lot 38-7 will decrease in size from 7.51 .. a~_r~ ? tP_.-~: 2 ~_a_9 ~_~ .s_.! Q !.h_e..R 7_! .2. 0_ Z_q~ i_ng__D~is_t~r_i ~t.._ Status: I ~R~.g J 'Acfioni ~ Review comments to ZBA. Southold Town PlanninR~ard Work Session - PaRe Tw.o - N,ovember 15, 2010 Location: on the n/s/o Ackerly Pond Road and the w/s/o NYS Route 25 in Southold Description: This approved Clustered Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246 acres were sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals 32,800 sq. ft., Lot4 equals 33,712 sq. ft. and Lot 5 equals 30,916 sq.~ ft. in the A-C/R-O Zoning_D._i_s_t_r. ic_t_s_. ................ Status: Final Ap~_ roval Action: Review re~est for B~nd Reduction. .......................... 5:30 p.m. Review Public Meeting Agenda 2 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November t, 2010 4:00 p.m. 4:00 p.m. Executive Session - Town Attorney to discuss pending lawsuits. 4:30 p.m. Applications: [ Pr0Jec~ n_a_m? ....... M.P c. a r... v~y~dS.~. A_s_Bu...!t_ ........................ !..~.~.M.~ L.J_.! .000;_1_??_1_:_1_.:.~ .............................. Location: ' 150 Bergen Avenue, at the intersection of Bergen Avenue and Sound Avenue, Description: ; This site plan is for additions & alterations to an existing winery on a 5.6 acre Prc act name: 67 Steps Viney_ard (JEMCO) Ii SCTIVI#: i 1000-35-1-24 ~tion: This site plan is for construction of an 8,419 sq. ft. building with associated parking for the purpose of a retail winery on 60.33 acres located in the R-80 . Z.o_ni _n.g .PJ..s!r.!.~t: Status: ~ Site Plan Review Att~!~Be~t~.; StaffR~po_rt .................................................................................................... Description: This site plan is for the construction of a 660 sq. ft. storage building on a 1.38 acre parcel owned and operated by the Cutchogue/New Suffolk Historical Council. "~;~i New Site Plan Action: Review Staff Report. Staff recommends for the PB to formally accept the Description: This proposed lot line change/re-subdivision will transfer a 15,145 sq. ft. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1- 7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7 (SCTM#1000-7-2-10) will transfer 11,640 sq. ft. to FIDCO Lot 38-2 (SCTM#1000-7). With this second transfer, FIDCO Lot 38-2 will increase i~ total size from 1.62 acres to 2.24 acres. FIDCO Lot 38-7 will decrease in size Statu ; i Action: i Accept ~j~p cation for review. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson October 28, 2010 Request for Comments ZBA # 6431 The H~nry L~: Ferguson Museum As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX # / ZBA ZONING REQUEST PLANS PREPARER ZONE CODE DATE STAMPED The Henry L. 1000-7-1- #6431 Article Lot line 10/2/10 CME Ferguson 7& 6.1, III, change Associates Museum, Inc. plo 10 Section Engineering, 280-14, Land R120 Surveying & Architecture, PLLC Your comments are appreciated by November 22, 2010. Thank you. Encls. FOR PCt. I~L 2 Lg 4 9 / ~LYm~,~NOTiJE s~ m ~ coUNTY OF SUFFOLK (~)~ '~'~r~~ "' 1~2~ sou.. I~...~'~ ReN Proper ty lex Service Ag~nc~ Ey TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: September 20, 2010 Stephen Hamm for Henry L Ferguson Museum, Inc. 38 Nugent ST. Southampton, NY 11968 Please take notice that your application dated September 1,2010 For permit for a lot line change at Location of property Clay Point Road, Fishers Island, NY County Tax Map No. 1000- Section 7 Block~l Lot 7 & 6.1, p/o 10 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 280-14, which states: ...no building o premises shall be used and no building or part thereof shall be erected or altered in the AC District...R120 unless the same corfforms to the Bulk Schedule and Parking Schedule incorporated into this chapter by reference, w~th the same force an effect as if such regnlations were set forth herein in full." Minimum lot size required in the R120 District, according to the bulk schedule is 120,000sq.ft. The proposed lot line change would add 15,145 sq. ft. to lot 7-1-7. The adjacent lot 7-1-6.1 would be reduced by 15,145 sq. ft. Both lots are non-conforming. Authorized Signature IFee: $ Filed By: Assignment No. I APPLICATION TO THE SO ~I3THOLD TOWN BOARD OF APPEAl House No.(NO #) Street PmVAT~RO~DOFVEASTENDROAD Hamlet FISHERS ISLAND SCTM 1000 Section 010.00 Block 07.00 Lot(s) 006.00 1 Lot Size 1.23 ACRE Zone R-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED SEPTEMBER 20. 2010 BASED ON SURVEY/SITE PLAN DATED MARCH 25. 2010 Applicant(s)/Owuer(s):_THE HENRY L. FERGUSON MUSEUM, INC. C/O MATTHEWS & HAM, 38 NUGENT STREET, SOUTHAMPTON, NY 11968 Mailing Address: Telephone: (631)283-2400 Fax: (631)287-1076 Email: matthamesq@aol.com NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: STEPHEN L. HAM, III .for~Owne~Dther: Name of Representative: Address: 38 NUGENT STREET, SOUTHAMPTON, NY 11968 Telephone: (631) 283-2400 Fax: (631) 287-1076 Email: matthamesq@aol.com Please check to specify who yo~g~ correspondence to be mailed to, fl"~_~e above names: ~ApplicantJOwner(s), ~JAuthorized Representative, I I Other Name/address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED MARCH 25, 20t0 and DENIED AN APPLICATION DATED SEPTEMBERL2010 FOR: Building Permit Certificate of Occupancy ( ) Pre-Certificate of Oecupaucy Change of Use FPermit for As-Built Construction Other: LOT LINE CHANGE Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by nmnbers. Do not quote die code~) Article: ,i Section: 280-14 Subsection: Type of Appeal.. AnAppeal-~-madefov.' [~]A Variance to the Zoning Code or Zoning Map.  A Variance due to lack of access requ!red by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section [~Reversal or Other A prior appeal~Jhas' [] has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our Prince for assistance) Name of Owner: ZBA File # REASONS FOR APPEAL Oulditional sheets maF be used with preparer's s([,natttre}: AREA $C4RIAN('E REASONS: (1) An undesirable change will not be produced iu the CHARACTER of the n~ighborhood or a detriment to nearby properties if granted, because: THERE WILL BE NO PHYSICAL CHANGE WHATSOEVER AS NO NEW CONSTRUCTION IS PROPOSED. THE ONLY CHANGES WILL BE ON PAPER TO THE BOUNDARY LINES BETWEEN ADJOINING PROPERTIES. THE LOT TO BE REDUCED IN AREA WiLL NEVER BE IMPROVED AS THE APPLICANT HAS ALREADY IMPOSED COVENANTS AND RESTRICTIONS PROHIBITING DEVELOPMENT. (2) The benefit sought by /he app!ican~ CANNOT be achieved by some ~nethod feasible for the applicant tn pursue, other than an area variance, because: BOTH AFFECTED PARCELS ARE PRE-EXISTING NONCONFORMING LOTS. THERE I$ NOT ENOUGH LOT AREA TO CREATE TWO CONFORMING LOTS. (3) The amount of relief requested is not substantial because: ALTHOUGH THE AREA OF ONE NONCONFORMING PARCEL WILL BE REDUCED BY 15,145 SQUARE FEET, THERE WILL BE AN IDENTICAL AND CORRESPONDING INCREASE IN AREA OF THE OTHER NONCONFORMING PARCEL. (4) The variance will NOT have ,an adverse effect or impact on lhe physical or environmental conditions in the neighbm'hood or district because: THE NONCONFORMING PARCEL TO BE REDUCED IN AREA WILL NEVER BE IMPROVED AS THE APPLICANT HAS ALREADY IMPOSED ITS USUAL COVENANTS AND RESTRICTIONS PROHIBITING DEVELOPMENT. THE OTHER PARCEL, THE ACTUAL BUILDING SITE, WHICH IS ALSO NONCONFORMING, WILL BECOME MORE CONFORMING. (5) Has the alleged difficulD' been self-created? E~]Yes, orl-~NO, rExce t to the ex - owne~r conveyed the parcel on whic~ part o~is ~ousePwas located.t~nc the former Are there Covenants and Restrictions concerning this land: [~]No. [7lYes (please furnishc~pr). See Declaration submitted herewith. This is the MINIMUM that is necessary ami adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Cheek thi¥ box ~ IF A USE VARL4NCE IS BEING REQUESTED, AND PI. EASE COMPLETE THE ATTACtfED USE VARL4NCE SHEEI? (Please be sure to consult ),our attorno:) Sworn to before me this 7th day ~f October20 10 Notary Pt~blie Signature of Appellant or Authorized Agent Stephen L. Ham, III, authorized agent {]ARE~ARA T HAM NOlary Pub~/:, Sl~t~ of ~W York NO 02HA5061959 (~g~lJfi~d tn Suffolk County Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) THE HENRY L. FERGUSON MUSEUM, lNG. Date Prepared: OCTOBER 7, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: NOT APPLICABLE II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NOT APPLICABLE Dimensions of new second floor: NOT APPLICABLE Dimensions of floor above second level: NOT APPLICABLE Height (from f'mished ground to top of ridge): NOT APPLICABLE Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NOT APPLICABLE III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessaE~) - Please describe building areas: NO NEW CONSTRUCTION IS PROPOSED Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: NOT APPLICABLE IV. Calculations of building areas and itt coverage (from surveyor): Existing square footage of buildings on your property: NOT APPLICABLE Proposed increase of building coverage: NONE Square footage o f your lot: 53,579 +/- Percentage of coverage of your lot by building area: NOT APPLICABLE V. Purpose of New Construction: NO NEW CONSTRUCTION IS PROPOSED VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): LAND CONTOURS HAVE NO BEARING ON DIFFICULTY OF MEETING CODE R~=QUIREMENTS. LOT TO BE REDUCED IN AREA IS ALREADY NONCONFORMING BUT THERE WILL BE A CORRESPONDING REDUCTION IN THE NONCONFORMITY OF THE LOT TO BE INCREASED IN AREA. Please submit sedco.n_(7) photos, labeled to show different angles of Y_ard areas after staking corners for new constructiOn), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the su~t premises listed on the real estate market for sale? [~Yes Axe there any proposals to change or alter land contours? ~']No ~Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? yes but no new construction is proposed 2) AXe these areas shown on the map submitted with this application? ye, a 3) Is the property bulkheaded between the wetlands area and the upland building ama? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? no Please confirm status of your inquiry or application with the Trustees: no n~w eonstrue, tlon is pmpognd so no ~nouirios have bonn mad~ and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no new construction is proposed AXe there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these sh-uctures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel singl* family residence on 1.62 aero and proposed use single family residence on 2.24 acres (examples: existing: single-family; proposed: same with garage or pool, or other description.) ~.~ {u.,~.,t,)~.~tephen L. Ham, ,Il, agent 10-07-10 Authorized Signature and Date 2/05; 1/07 RROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR I. APPLICANT/SPONSOR I 2. PROJECT NAME TEE HENRY L. FERGUSON MUSEUM, INC. [ LOT LINE CHANGE FOR JANE M.HARRIS et al. 3. PROJECT LOCATION: TOWN OF SOUTHOLD SUFFOLK 4. PRECISE LOCATION (Streel address a~d rQad Interzectlons. prominent landmarks, etc., or p~ovlde mapl (no #) private road off East End Road, Fishers Island, Town of Southold, County of Suffolk (SCTM No. 1000 - 007.00 - 01.00 - 006.001) 5. iS PROPOSED ACTION: ~'~ New [] Expansion r'~ Modl flcation/aBe~atlon '6. OESCRIBE FRO.JECT BRIEFI.Y: reconveyance of portion of parcel containing portion of house and lawn appurtenant to adjoining parcel to that adjoining parcel to rectify error by former owner of subject parcel who was not aware that such portion was integral to his residence 7. AMOUNT OF !.AND AFFECTED: Inlfla, ll¥ 0.35 I~'es Ultimately, 0. ~5 acres 8. V*qLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND US~ RESTRICTIONS? ~NO IfNo, dascHbebr~af~ the parcel from Which land will be transferred is already nonconforming under the Southold Town Zoning Code and so it will become even more nonconforming even though there will be an equal increase in area 'of abut 9. WHAT IS PRESENT I.~,D USE I" VICINITY OF PROJECT? [] Ra$1de.t]~ [] i.d~stdl~ [] ~om~r~f~al [] Agr~uit~e [] Pa~k/~o~t/Opan S~Ce [] Ot~r R-120 Zone District (single family residential) under Town of Southold Zoning Code STATE OR LO~A~? Town of Southold Planning Board and Suffolk County Department of Health Services [] Yes [] No If ~e~ list asahi/aline ~d pen~l~approval 12. AS A RESULT OF PROPOSED ACTION W~LL EXISTING PERMIT/APPROVAL REQUIP, E MODIRCATION? ['~ Yes ~ No ! CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE THE HENRY L. FERGUSON MUSEUM, INC. Stephen L. Ham, III, authorized agent 10/07/2010 :er. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ....: No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (A:'<wers may De hanOwr=tlen, il *egi~le~ C1 Exrstin§ 8it Quality. SUe'face Or gl'oundwaler Quali[y O~' quanlity, noise levels, existing tralfic De. Items, soti~ wasle pro~3uc;iot~ pt dispOSal E* IS THERE, OR IS THERE LIKELY TO 8~, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes. explain briefly )ART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether i{is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability cf occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fi magnitude. If necessary, sdd attachments or reference supporting materials. Ensure that explanations contain sufficient detail 1o snow that all relevant adverse impacts have been identified and aaequately addressed. If- question D of Part II was checked yes, the determination and significance must evaluate the potential impsct of the proposed action. on the environmenlal characteristics of the CEA. [] Check this box if you have identified one or more potenti~lly large or significam adverse ir~i'p'~acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: OF SOUTHOLD DEPARTMENT N.Y. NOTICE OF DISAPPROVAL DATE: September 20, 2010 Stephen Hamm for Henry L Ferguson Museum, Inc. 38 Nugent ST. Southampton, NY 11968 Please take notice that your application dated September 1, 2010 For permit for a lot line change at Location of property Clay Point Road, Fishers Island, NY County Tax Map No. 1000- Section 7 Block~l Lot 7 & 6.1, p/o 10 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 280-14, which states: "...no building or premises shall be used and no building or part thereof shall be erected or altered in the AC District...R120 unless the same cortforms to the Bulk Schedule and Parking Schedule incorporated into this chapt&r by referent, with the same force and effect as if such regulations were set forth herein in full." Minimum lot size required in the R120 District, according to the bulk schedule is 120,000sq.ft. The proposed lot line change would add 15,145 sq. ft. to lot 7-1-7. The adjacent lot 7-1-6.1 would be reduced by 15,145 sq. ft. Both lots are non-conforming. Authorized Signature Sadoo, Tamara Page 1 of 1 From: Sadoo, Tamara Sent: Monday, October 25, 2010 11:13 AM To: Toth, Vicki Subject: RE: FIDCO/Ferguson Museum/Harris Thanks! From: Toth, Vicki Sent: Monday, October 25, 2010 11:07 AM To: Sadoo, Tamara SubJect: RE: F[DCO/Ferguson Museum/Harris mamara - We have them on our schedule for 12/2/10! Vicki From-' Sadoo, Tamara Sent: Monday, October 25, 2010 10:18 AM To: Toth, Vicki Subject: F[DCO/Ferguson Museum/Harris Hey Vicki - Do you know if a hearing has been scheduled for this application yet? SCTM#1000-7-1-6.1, 7 & 2.107 They are doing a lot line change but by doing so they would be creating a more non-conforming lot than already exists. Thanks lady! Tamara 10/25/2010 /V[ATTHEW$ & HAM ATTORNEYS AND COUNSELORS AT LAW 88 NUGENT STREET SOUTHAMPTON, NEW YORK 11988 881-288-24oo October 8, 2010 Ms. Heather Lanza Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: Proposed Lot Line Change for Jane M. Harris, The Henry L. Ferguson Museum, Inc. and Fishers Island Development Corporation (SCTM Nos.1000-007.00-01.00-006.001 & 007.000 and plo 02.00-010.000) Dear Heather: Further to my submission of the application for the referenced matter on October 8, 2010 by hand delivery to your office, I have enclosed six prints of a revised "Lot Line Change Map Prepared For Jane M. Harris, Henry L. Ferguson Museum, Inc. & Fishers Island Development Corp.", dated March 25, 2010, prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC. The prints I submitted two weeks ago did not show all of the Ferguson Museum property (SCTM # 1000-7-1-6.1 ) and so, at the request of Vicki in the Board of Appeals, I had them revised to do so and to reflect amended lot area calculations. Please discard the prints I submitted under cover of my letter to you of October 8 and replace them in the file with the enclosed prints. Thank you for your attention to this matter. Enclosures Sincerely, Stephen L. Ham, Ill ~VIATTHI]WS & HAFI ATTORNEYS aND GOU~SELOES iT Lxw 88 NUGE~T STREET SOUTH~PT0~, NEW YORK 11968 c mail: Mazthamcsq~aol.com October 8, 2010 Ms. Heather Lanza Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Lot Line Change for Jane M. Harris, The Henry L. Ferguson Museum, Inc. and Fishers Island Development Corporation (SCTM Nos.1000-007.00-01.00-006.001 & 007.000 and p/o 02.00-010.000) Dear Heather: On behalf of the referenced property owners, I am applying for approval of lot line changes pursuant to which a portion of a parcel known as Lot 38-1 on the Map of Fishers Island Development Corporation (SCTM No. 1000-7-1-6.1 ) will be transferred to and merged with the parcel adjoining it on the south and known as FIDCO Lot 38-2 and the FIDCO road spur adjoining FIDCO Lot 38-2 on the south will be transferred to and merged with FIDCO Lot 38-2. The balance of FIDCO Lot 38-1 will be retained by its current owner, The Henry L. Ferguson Museum, Inc.. The proposed lot line changes are shown on the enclosed map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC and described in the list of enclosures below. As you will see from the enclosed map, a portion of a house and lawn appurtenant to FIDCO Lot 38-2 are actually located on FIDCO Lot 36-1 and the owner of FIDCO Lot 38-2 is actually now maintaining a portion of the FIDCO road spur as a lawn and garden. Several years ago, the prior owner of FIDCO Lots 38-1 and 38-2, the late husband of the current owner of FIDCO Lot 38-2, donated the whole of FIDCO Lot 38-1 to the Ferguson Museum, not realizing that he needed a portion of it for his house and lawn. One purpose of the proposed changes is to rectify that mistake by reconveying that portion of FIDCO Lot 38-1 to FIDCO Lot 38-2. The other purpose is to merge the road spur, which is not necessary for access to any other lots, with FIDCO Lot 38-2 since it is now being treated as an adjunct of FIDCO Lot 38-2 anyway. Ms. Heather Lanza Page 2 October 8, 2010 In connection with this lot line change application, I have enclosed the following: 1. Application for Re-Subdivision/Lot Line Modification, signed by me. 2. Photocopies of the last deeds of record to the subject parcels which were recorded in Liber 12455 page 693, Liber 12221 page 741 and Liber 6083 page 280, respectively. (The deed to the FIDCO road spur, Liber 6083 page 280, covers more than the land to be conveyed in connection with this matter, so I have attached a separate legal description for the road spur alone to the copy of that deed.) 3. Short Environmental Assessment Form, signed by me. 4. Three Applicant Transactional Disclosure Forms, each signed by me. 5. Letters of Authorization, duly acknowledged before a notary public, from The Henry L. Ferguson Museum, Inc. and Fishers Island Development Corporation, and unacknowledged Letter of Authorization from Jane M. Harris, covering my authority to act as agent of those owners in connection with this application. 6. Our check to the Town of Southold in the amount of the $500 fee. 7. Six prints of a map, entitled "Lot Line Change Map Prepared For Jane M. Harris, Henry L. Ferguson Museum, Inc. & Fishers Island Development Corp.", dated March 25, 2010, prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC. I understand that, while you can open a file on this matter, you cannot take any action on it until I have obtained a lot area variance from the Board of Appeals (to which I am applying simultaneously). Please look over the enclosed documents anyway, however, and notify me immediately if you will require any further information, documentation or payments before you can commence your review process once the variance is granted. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures Proiect Status Report for Re. Subdivisions (Lot Line Chan.qes) Application Dates ~re-..Submission Con feren~ Application Received Application Fees Paid Application Reviewed at Work Session \\/\\~ Fire Department Comments ~/~//( \ t Enqin~r Confemnc, D ~ SEQRA Determination SC P ann nq Comm ss on Referral SC P ann n,q Commission Comments Conditional Final Approval Final Approval SEQRA Coordination Public Hearing Waived Public HearJnq Date Final Map Routing: Tax Assessors Building Department Land Presen/ation Highway Department Town of Southold Planning Department Staff Report Lot Line Adjustment Prepared by: T. Sadoo, 1-6-11 I. Application information Proiect Title: Lot Line Adjustment -FIDCO/Fer~uson Museum/Harris Map Preoared By: CME Associates En;[ineerin~, Land Surveying & Architecture, PLLC Date of MaD: March 25, 2010 Date of Submission: October 8, 2010 Aoolicant: FIDCO/Fer~uson Museum/Harris c/o Stephen Ham, Esq. Tax Map Number: 1000-7-1-7, 7-1-6.1,7-2-10 Proiect Location: no # private road off East End Road Hamlet: Fishers Island ~R-120 II. Description of Proiect Type of ADDliCation: Lot Line Adiustment Type of Subdivision: N/A Acrea_Ee of Prelect Site: 11.9 acres Yield MaD or Calculation: N/A Number of Lots Proposed: N/A Acres of Open Space/Reserved Area: N/A Percent;~?- of Open Space/Reserved Area (see attached calculationS: 0% Type of Access Provided: N/A III. Site Analysis SEOR Tyoe of Action: Type II Present Land Use: Residential Existing[ Structures: Residential structure on FIDCO Lot 38-2 (SCTM#1000-7-1-7 Existing Permits. Aoorevals. CO's. etc: Yes for existing house was Property Previously Subdivided: NA - In 2002 portion of FIDCO Lot 38-1 (now SCTM#1000-7-1-6.1) If Yes, Date of Aooroval: N/A Existing[ Easements or Restrictions: None Soil TYPe: N/A Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: N/A Significant Trees on Site: N/A Percenta~[e of Slooes: N/A Name of Abutting[ Water Body: West Harbor Critical Environmental Area: No Type of Wetlands on or Adiacent to Site: N/A Are There Trails on Site: No Name of Trail: N/A Deoth to Water Table: N/A Distance to Public Water: N/A Source of Water Suoolv: N/A Number of Access Points: One Historical or Archaeological Significance: N/A IV: Permits and/or Review Required From Other Agencies Suffolk County Department of Health Services Fishers Island Fire District SEQRA review Suffolk County Planning Commission V: Proiect Analysis This proposed lot line change/re-subdivision will transfer a 15,145 sq. ft. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1- 7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7, a FIDCO ROW (SCTM#1000-7-2-10) will transfer 11,640 square feet to FIDCO Lot 38-2 (SCTM#1000-7). With this second transfer FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO ROW Lot 38-7 will decrease in size from 7.51 acres to 7.24 acres in the R-120 zoning district. Recommendations and Summary The applicant has submitted this lot line change to correct the fact that when the former owner of Lot 38-1 donated the whole of Lot 38-1 to the Ferguson Museum they did not realize that a portion of their residence and lawn was located on Lot 38-1. The second transfer will allow the owner of Lot 38-2 to hold title to land they are already maintaining as lawn and garden appurtenant to said Lot 38-2. According to the applicant the road spur being transferred is no longer necessary for access to any other parcels and is being treated as an adjunct to FIDCO Lot 38-2. Overview/Recommendations: · Application accepted for review on October 26, 2010 · ZBA hearing held on December 3, 2010. Variance requested for creating a non-conforming lot. (FIDCO Lot 38-2 (SCTM#1000-7-1-7) is currently non- conforming at 1.62 acres and will become less non-conforming after the proposed lot line change. It will increase to 2.24 acres in the R-120 Zoning District which is 3 acre minimum zoning. Lot 38-1(SCTM~1000-7-1-6.1) which is currently non-conforming at 2.06 acres will become more non- conforming after the proposed lot liner change. It will decrease to 1.71 acres in the R-f20 Zoning District which is 3 acre minimum zoning). · ZBA decision December 14, 2010 granting variance for creation of a non- conforming lot. · Decision made at October 26 2010 Work Session to begin referral process once ZBA determination was made. Recommendations: · Begin referral process Additional recommendations for application from previous work session: · The applicant should submit in writing documentation, such as a title report, to determine who else, if any one has rights over the portion of the ROW to be transferred. · If others have rights to said ROW, have they given permission to allow for this ROW to be transferred? · Is approval needed from adjacent owners to allow for the transfer of this ROW? · If approval is needed, affidavits should be submitted from any others with rights over this ROW indicating their permission to allow for this portion of the ROW to be transferred. Town of Southold Planning Department Staff Report Lot Line Adjustment Prepared by: T. Sadoo, 10-26-10 I. Application Information Proiecl; Title: Lot Line Adiustment -FIDCO/Fer~uson Museum/Harris Mao Prenared By: CME Associates Engineering. Land SurvevinE & Architecture. PLLC Date of Mao: March 25. 2010 Date of Submissior~: October 8, 2010 Aoolicant: FIDCO/Fer~uson Museum/Harris c/o Stenhen Ham. Esa. Tax Map Number. 1000-7-1-7, 7-1-6.1, 7-2-10 Project Location: no # nrivate road off East End Road Hamlet: Fishers Island ZoninE District: R-120 II. Description of Proiect Tvoe of Aoolication: Lot Line Adiustment Tvoe of Subdivision: N/A Acreage of Project Site: 11.9 acres Yield Man or Calculation: N/A Number of Lots Prooosed: N/A Acres of Ooen Soace/Reserved Area: N/A PercentaEe of Ooen Soace/Reserved Area (see attached calculation): 0% Tvoe of Access Provided: N/A LenEth of Access: N/A III. Site Analysis SEOR Tyne of Actior~: Type II Present Land Use: Residential Existing[ Structures: Residential structure on FIDCO Lot 38-2 (SCTM#1000-7-1-7 ExistinE Permits. Aoorovals. CO's. etc: Yes for existing[ house Was Prooertv Previously Subdivided: NA - In 2002 nortion of FIDCO Lot 38-1 (now SCTM#1000-7-1-6.1) If Yes. Date of Aooroval: N/A ExistinE Easements or Restrictions: None Soil Tvoe: N/A Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard zone: No Predominant Vegetation: N/A SiEnificant Trees on Site: N/A PementaEe of SIODeS: N/A Name of Abuttin~ Water Body: West Harbor Critical Environmental Area: No Tvoe of Wetlands on or Adjacent to Site: N/A Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: N/A Distance to Public Water: N/A Soume of Water Suoolv: N/A Number of Access Points: One Historical or AmhaeoloEical SiEnificance: N/A IV: Permits and/or Review Required From Other Agencies Suffolk County Department of Health Services Fishers Island Fire District SEQRA review Suffolk County Planning Commission V: Proiect Analysis This proposed lot line change/re-subdivision will transfer a 15,145 sq. ft. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1- 7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7, a FIDCO ROW (SCTM#1000-7-2-10) will transfer 11,640 square feet to FIDCO Lot 38-2 (SCTM#1000-7). With this second transfer FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO ROW Lot 38-7 will decrease in size from 7.51 acres to 7.24 acres in the R-120 zoning district. Recommendations and Summary The applicant has submitted this lot line change to correct the fact that when the former owner of Lot 38-1 donated the whole of Lot 38-1 to the Ferguson Museum they did not realize that a portion of their residence and lawn was located on Lot 38-1. The second transfer will allow the owner of Lot 38-2 to hold title to land they are already maintaining as lawn and garden appurtenant to said Lot 38-2. According to the applicant the road spur being transferred is no longer necessary for access to any other parcels and is being treated as an adjunct to FIDCO Lot 38-2. Recommendations: · The applicant should submit in writing documentation, such as a title report, to determine who else, if any one has rights over the portion of the ROW to be transferred. · If others have rights to said ROW, have they given permission to allow for this ROW to be transferred? · Is approval needed from adjacent owners to allow for the transfer of this ROW? · If approval is needed, affidavits should be submitted from any others with rights over this ROW indicating their permission to allow for this portion of the ROW to be transferred. · This application is scheduled to appear before the Southold Town Zoning Board of Appeals to obtain a variance for creating a non-conforming lot. FIDCO Lot 38-2 (SCTM#1000-7-1-7) is currently non-conforming at 1.62 acres and will become less non-conforming after the proposed lot line change. It will increase to 2.24 acres in the R-120 Zoning District which is 3 acre minimum zoning. Lot 38-1(SCTM#1000-7-1-6.1) which is currently non-conforming at 2.06 acres will become more non-conforming after the proposed lot liner change. It will decrease to 1.71 acres in the R-120 Zoning District which is 3 acre minimum zoning. A hearing is scheduled for this application for December 2, 2010. · Accept application for review. · Begin referral process once ZBA determination has been made. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MA-RTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-313(S Application for Re-Subdivision/Lot Line Modification - 8 20i0 APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 2. 3. 4. 5. 6. 7. Original Subdivision Name MAP OF FISHERS ISLAND DEVELOPMENT CORPORATION Suffolk County Tax Map # s 1000-007.00-01.00-006.001 & 007.000 and 02.00-p/o 010.000 Hamlet Street Location Acreage of Site Zoning District Date of Submission Fishers Island (no ~) private road off East End Road 3.95 acres R - 120 October 8, 2010 Please provide the names, addresses and phone numbers for the following people: Applicant: Jane M. Harris, The Henry L. Ferguson Museum, Inc. & Fishers Island Development Corporation c/o Matthews & Ham - 38 Nugent Street Southampton, NY 11968 (631) 283-2400 Agent: Stephen L. Ham, III, Esq. Matthews & Ham - 38 Nugent Street Southampton, NY 11968 (631) 283-2400 Property Owner(s): Surveyor: Jane M. Harris, The Henry L. Ferguson Museum, Inc. & Fishers Island Development Corporation c/o Matthews & Ham - 38 Nugent Street Southampton, NY 11968 (631) 283-2400 Richard H. Strouse CME Associates - 55 Main Street, Suite 340 Norwich, CT 06360 (860) 889-3397 Attorney: Stephen L. Ham, III, Esq. Matthews & Ham - 38 Nugent Street Southampton, NY 11968 (631) 283-2400 l__ (631) 287-1076 .~fax) 9. Bhefly deschbethe proposedlotline change and stmereason(s) forrequesting same. A 15,145 square foot portion of FIDCO Lot 38-1 (SCTM No. 1000-7-1-6.1) will be transferred to and merged with FIDCO Lot 38-2 (SCTM No. 1000-7-1-7). An 11,640 square foot portion of a FIDCO road spur will transferred to and merged with said Lot 38-2 as well. The purpose of the first transfer is to rectify the error made by the former owner of said Lot 38-1 who did not realize that a portion of his residence and lawn was located on Lot ~8-1 when he donated the whole of Lot 38-1 to the Ferguson Museum in 2002. The second transfer will allow the owner of Lot 38-2 to hold title to land she is already maintaining as lawn and for a garden appurtenant to her Lot 38-2. The road spur being transferred is no longer necessary for access to any other parcels. 10. DOES THE PROPOSED MODIFICATION: Affect the street layout in the original subdivision? yes Affect any area reserved for public use? no Diminish the size of any lot? yes Create an additional building lot? no Create a nonconforming lot? no Require a variance from the Zoning Board of Appeals? Impact the future planning of the subject properties? 11. Application completed by [ ] owner [x] agent [ ] other UPON SUBMITTING A COMPLETED APPLICATION, THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW. IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER, THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANOARD LOT SIZES, LOT WIDTHS OR MAKE EXISTING STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS, THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING BOARD OF APPEALS. Signature of Preparer 4~t~/~ L. l'~ ,~ Stephen L. Ham, III Date 10/08/2010 The Henry L. Ferguson Museum, Inc. P.O. Box 554 Fishers Island, New York 06930 Planning Board Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: August Proposed Lot Line Change for Premises at Fishers Island (Block 38, Lots 1 & 2 and portion of FIDCO Road, Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000-007.00- 01.00-006.000 & 007.000 & plo 007.00-02.00-010.000) ,2010 Dear Board Members: The undersigned, on behalf of The Henry L. Ferguson Museum, Inc., owner of premises situate at Fishers Island, New York known as Block 38, Lot 1, Map of Fishers Island Development Corporation (SCTM #1000-7-1-6), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as agent of The Henry L. Ferguson Museum, Inc. in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CME Associates Engineering, Architecture & Land Surveying, PLCC, dated March 25, 2010, as the same may be revised from time to time. Very truly yours, THE HENRY L. FERGUSON MUSEUM, INC. Rob . Miller, Vice President-Land Trust ACKNOWLEDGMENT State of Connecticut; County of ~-{¢ti~ 14 ss: On the ~Hq day of AtCgust-in the year 2010 before me, the undersigned, personally appeared Robert J. Miller personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such before the undersigned in the--~ ~ 5~ appearance (inseK the City or'other political subdivision) in the State of Connecticut. /'7._ _..~' ~']!., '~'~ Notary Public CONNIE M. FALKENSTEIH MY COMMISSION ¢_XPIRES OCT. 31,201'1 Fishers Island Development Corporation P.O. Drawer "E" Fishers Island, New York 06930 Planning Board Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: August Proposed Lot Line Change for Premises at Fishers Island (Block 38, Lots 1 & 2 and portion of FIDCO Road, Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000-007.00- 01.00-006.000 & 007.000 & plo 007.00-02.00-010.000) ,2010 Dear Board Members: The undersigned, on behalf of Fishers Island Development Corporation, owner of premises situate at Fishers Island, New York known as portion of road adjoining Block 38, Lots 2 & 7, Map of Fishers Island Development Corporation (SCTM #1000-7-1- plo 10), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as agent of Fishers Island Development Corporation in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CME Associates Engineering, Architecture & Land Surveying, PLCC, dated March 25, 2010, as the same may be revised from time to time. Very truly yours, FISHERS ISLAND DEVELOPMENT CORPORATION Kathryn M. Parsons, President ACKNOWLEDGMENT State of Connecticut; County of ss: On the .~.L-. day of~he year 2010 before me, the undersigned, personally appeared Kathryn M. Parsons personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in the State of Connecticut. / (in.seA the City or other political subdivision) Notary Public Notary Public, Connecticut J ~,~y Commission E ~pires Au~ 31, 2011 d Planning Board Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: Jane M. Harris 352 Canaan Road Salisbury, Connecticut 06068 Proposed Lot Line Change for Premises at Fishers Island (Block 38, Lots 1 & 2 and portion of FIDCO Road, Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000-007.00- 01.00-006.000 & 007.000 & ~/o 007.00-02.00-010.000) ,2010 Dear Board Members: The undersigned owner of premises situate at Fishers Island, New York known as Block 38, Lot 2, Map of Fishers Island Development Corporation (SCTM #1000- 7-1-7), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as agent of the undersigned in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CMl: Associates Engineering, Architecture & Land Surveying, PLCC, dated March 25, 2010, as the same may be revised from time to time. Very truly yo, urs, ~ t ~ ~ Jane M. Harris Applicant Transactional Disclosure Form 'Ire Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Yo~ Name: JANE M. HARRIS last name, fnst name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the otherperson's or company's name. Nature of Application: (Check all that apply) Tax grievance Bu/Iding Variance x Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning Site Plan Other (Please name other activity) __ Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, mart/age or busini~ss interest. "Business interest" means a business, including a partnership, in which the town officer 6r employee has even a partial ownership of(or employment by) a corporation in which the town c~ficer or employee owns more than 5% of the shares. /~ Yes No x If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Tire or position of that person Describe the relationship bet~veen yourself(the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); __ C. ann~ffieer; direetor; partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this __ day of October, 2010 Signature ~-bl,~ L. I'~'~, ~ PrintName Stephen L. ltam, III, author±zed agent Applicant Transactional Disclosure Form The Town of S outhold's Code of Ethics prohibits conflicts of interest on the part of tom officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Yo~ Name: THE HENRY L. FERGUSON MUSEUM, INC. last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance x Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning Site Plan Other (Please name other activity) __ Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or busin{>ss interest. "Business interest" means a business, including a parmership, in which the town officer ~sr employee has even a partial ownership of(or employment by) a corporation in which the town c~ficer or employee owns more than 5% of the shares. /~ Yes No x If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yousself(the apphcant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an offieer;~[ireetor; paftaxer or employee of the applieamt; or D. the actual applicant Description of Relationship: Submit~edthis dayof O~tober, 2010 Signature ~'/'~,.,. t._ [ I'~..~ ,41~ PrintName Stephen L. Ham, III, authorized agent Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and alhiw it to take whatever action is necessary to avoid same FISHERS ISLAND DEVELOPMENT CORPORATION last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person 'x or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance x Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning Site Plan Other (Please name other activity) __ Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship hacludes by blood, marriage or basin{;ss interest. "Business interesf' means a business, including a parmership, in which the town officer ~:;r employee has even a partial ownership of (or employment by) a corporation in which the town c~ficer or employee owns more than 5% of the shares. ~ Yes No x you answered Yes complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); __ C. amoffieer; direetor~ pa~tucr or emplc~yee of the appheant; or D. the actual applicant Description o f Relationship: Submittedttfis '~ I'~ayof October, 2010 Signature ~r--~.~.~ ~.o I'~ , ~ PrintName Sieph~n L. Ham, III, author±zed agent JUL 20 2010 10:00 FR CHICAGO TITLE INS C014 684 3664 TO 2071076 P,02/12 Iff ifil I illllliillllllfffillllli SUFFOLK COUNTY CLERK RECORDS OFFTCE RECORDIN~ PAGE Type o£ Instrument= DBEDB/DDD l~umber of Fegee, 5 Receipt W~r i 06-0059338 TRANSFER TAX NUMBER; 05-42925 1000 Deed Amount~ O0?.O0 01.00 ~XAMINEDAND CHAR~EDA~ FOLLOWS $0.00 RmcoFded~ Judith &. Pie=ale County Clerk, 8u~olk County 06/19/2006 11~39z~0 ~ LTBBR: PAGE z Lot: 007.000 $5.00 $1S,00 875.00 $0.00 ~o.oo $o.oo ~X55.00 D00012455 693 JUL 20 2010 1~:00 FR CHICAGO TITLE INS CO14 $84 8664 TO Number ~lf _ TORRENs Prior CtF. # Handlinll 5. ~ TP-.584 NOmilon ~-$2 17 (Counl~)~ - ,3 ~ I Mo~nge ln~tmn~.nt ~ Sob'lbml Sub T0td I. Basic Tax 2. Additionnl 'r~x _ Sub Total -- - or S~./Add, Du~ %wn _ ~ld ~fer Tax Mnnsion T~ ~ pm~y ~d by this m~ge Is or wl{{ ~ im~ by n ~e or twa fs~ly d~llin~ only. Y~ or NO {f NO. ~e a~pfint Lot 1OOO 00700 6100 OO'JOOO Commtmity Preur~tion l~lind CPP T~.~ Du= 6 S=~i~n~-;°--"'"'Di~"~'~s~s~¢-~ List Property Owners Mailin RgCOR~ & I~WURN TO: ]irk # TD ~ 8 P.03/1~ JUL ~0 2010 1~:01 FR CHICAGO TITLE INS C014 ~84 35B4 TO 28710?6 · THIS INDENTURE, made Ihe 2M day of lan., in the year 2006, SE, TWE~a 300 g-/? ~ ¥~._<-,-- ..  ne M' Ha~s' ~sldin& al 352 C~ ~d' ~ali~, C~tic~ ~ ~u~ of ~ lut will ~ ~ idF. Hn~,~cof3S2~. e,~a e-~-~ - d ~um~tof ,S~ E.~llbll A anacl~l hctefo fo~ ~emaindet of l~sl demgprinn. The ~.-~,,.~ conveyed ~ereln ire A~rll 9. TO(3~I'HER Wllh all ~HER with in n~d ~s I~ ~d ~lS CONVEY~ IS ~DE IN AC~RDANCE WITH AR~CI.E S~ND OF ]~E LA~ WiLL AND ~AM~T OF DAVID F. P.O4/la JUL 20 2018 18:01 FR CHICAGO TITLE INS C014 B84 3B64 TO 2871076 P.05×12 AC KWOWL~f)~tCMEA-F BY SUBSCRIBING W ITh'LSS TAI([H IN NEW YORK STATE York. Coumy of · ~: P'U3°fl~AY ~q'"tnted, ~ beittg by nm: dui). my.om, did ~%mose ~ml ~ k IA~ ;Mivi~lud d~b,t:d h ~n~ who ~ ~ ~ [ Executor's Deed thru hts~j~ih,~ ratccuM I~ nme Jfl hli4~/ihcir cdp~lly(iet)..,,,4 ~ by hls/bet~lmr idp~S) or .nc pm~ q~n blair of' u,'hkh At.ICE C. KENT RETURN BY MAll. TO: 18:01 RR CHICRGO TITLE INS C014 684 ~6G4 TO 2871076 P.D6/12 THE DIRECT/ON OF WHO ,,aun, ~nuat RAD~U~ ~S 88.85 FEET SE RADIUS AT THAT POINT IS SOUTH 81o ,t4.* 20" WEST; AND THENt'~ SotFrHw,,n~,DLy AU:NN'G THE Wt.-~ ~-'~ -- e~LY SIDE OF SAID ROAD ~ue oF ANOTHER ROAD .i~ENc~ ALONG THE NORTHWESTERLY SIDE OF A $TAJ~ ~v ~ ~ 4F 1' RECKON OF WHOS~ RADIu,~ AT TH v~ ........ 0~' RAD. IU$ IS 37.76 JUL 20 2010 lB:Of FR CHICAGO TITLE INS C014 084 3664 TO 2871076 P.07/12 32 7'4O EAST131,75 .F~TOASTAKE; ANDNORTH THENCE SOUTH 56e 35' 20' EAST, 182,55 FEET TO A STAKE; 'I't'fENC~ ~ 800 15' 20' ~, 1~.50 FEEl'TO THE R.A:~ OF ILe~NN~N(;, Number of pages TORRENS Serial # Certificate # Prior Ct£ # Deed / Mortgage hmtrument 41 Page / Filing Fee /~/~-' Handling TP-584 ~ __ Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (County) EA-5217 (State) tLP.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other ~ __ SubTotal 5 OD /~ SubTotal (~5' ~ Real Property Ts Service Agency Verification WSOFFO[K'~ 'Dist. Section B lock Lot ~ I000 007.00 01.00 . 005.000 & 006.000 Initials~__~ 7[Satishctions/Discharges/ReleasesListProper~OwnersMailingAddress RECORD & RETURN TO: Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 RECORDED 2002 Sep 27 11:41:57 Edward P.Romaine CLERK OF SUFFOLK COUNTY L D00012211 P 741 DT~ 02-08798 Recording / Filing Stamps Mortgage Ami 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County__ Held for Apportionment __ Traosfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelliog only. YES or NO If NO, see appropriate tax clause oD page # __ of this instrumeot 6 Consideration Amount $ Community Preservation Fund 0 CPF Tax Due $ 0 Improved Vacant Land TD TD TD IC~o.IName Title Compa.y h, formatiOn Title # Suffolk County Recording & Endorsement Page Tiffs page forms part of the attached Deed (SPECIFY 2~PE OF INSq_RLrMENI' ) DAVID F. HARRIS The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD TO THE HENRY L. FERGUSON MUSEUM, INC. made by: In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 5 THRU 9 MUST BE TYPED OR PR1NTED 1N BLACK INK ONLY PILIOR TO RECORDING OR FILING. CONSULT YOUR LAVVYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the l~'~ day of September , two thousand two, BET~VEEN DAVID F. HARRIS, 352 ~naan Road, Salisbury, Connecticut 06068, party of[he firs[part, and THE HENRY L. FERGUSON MUSEUM, INC., a charitable corporation organized and existing under the laws Of the State of New York, with its principal office at (no#) Equestrian Avenue, Fishers Island, New York 06390, party of the second part, WITNESSETH, that the party of the firs[ par[, In consideration of zero ...... ($0.00) .......... ............................................................................ -.dollars paid by the party of the second pert, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of [he second part forever, those ALL that certain plotp plecesor parcelsof land wilb Ihe buildings and Improvement% [hereon erected, sRuate, lying and being i~he at Fishers ISland, Town of Southold, County o[ Suffolk and State of New York, more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part ~)~s.~arcel II in the deed, dated March 31, 1959 and recorded in the Office of the Suffolk County Clerk in Liber 4610 page 23 on April 9, 1959 in the case of FIDCO Lot 38-1 and (ii) by deed, dated October 1, 1964 and recorded in the Office of the Suffolk County Clerk in Liber 5672 page 467 in the case of the adjunct property to FIDCO Lot 38-1. r'OGETHER with all righl, title and Interest, If aRy, oflhe party of Ihe first part In and to any streets and roads abutting the above described premises [o Ihe center lines thereof; TOGETHER with Ihe appudenances and all the estale and rlghls of the party of the firs[ part In and {o said premises; TO HAVE AND TO HOLD Ihe )remises herein granted unto lhe pady of lhe second part, the heirs or successors and assigns of the pady of the second part forever. AND the pady of the first part covenants that the pady 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 Sec[ion I3 of the Lien Law, covenants Ihat Ihe party of Ihe first part will receive the consideration for this conveyance and will hold lhe right to receive such conslderallon as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the same firs[ 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 "pady" shall be conslrued as If it read "parlles" when ever the sense of this Indenture so requires. IN WITNESS WHEREOF, the pady of the firs~ part has duly executed this deed the day and year first above written. IN PRESENCE OF: David F. Harris State of New York, County of SS: On the day of in the year before me, the undersigned, personally appeared personally known lo me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me thai he/She/they executed the same in his/her/their capacily(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, State of New York SS: On the day of In the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/Iheir signature(s) on the inslrument, the individual(s), or the person upon behalf of which the individual(s) acted, execuled the tnslrumenL (signature and office of Individual. ak ng acknowledgment) (signature and office of Individual taking acknowledgtnent) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATF Sta{e (m"E~lffCl-of-C-'oklmbter.T-efritoryT,~'-For~rr~) of Connecticut ss: On the /~... day of September in the year 2002 before me, the undersigned, personally appeared David F. Harris personally known to me or proved to me on the basis of satisfactory evidence to be the indivtdual(.s)-whose name(s) is -~e) subscribed to the within Inslrument and acknowledged to me tha~ he/=hs/they executed the same in his/he~hei~-capacity(,~, and that by hls/herr/ths~ signature(~J).-on the instrument, the individual~-), or the person upon behalf of which the individual(s-) acted, executed the instrument, and that such individual made such appearance before the undersigned in the ~/~ ~ ~ in the State of Conne~cticut (insert the City'e~ther political subdivision) (and insert the State or Counlr. y/~.~other place~the, acknowledgment was taken)· (s~a~ and office of ~-dlvidu~] ~king acknowledgment) Notary ?uSiic . BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR,S ACTS Title No. DAVID F. HARRIS TO THE HENRY L. FERGUSON MUSEUM, INC. ~LICE C. KENT ,'VOTA.~Y.PUBLIC ~;0MMISSION EXPIRE~ MAY3t, 2007 DISTRICT 1000 SECTION 007. O0 BLOCK 0[.00 LOT 005.000 & 006.000 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no ~/) off East End Road Fishers Island, NY 06390 Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITEE UNDERWRITERS Distributed by Commonwealth COMMONWEALTe LAND TITLE INSURANCE COMPANY · RETURN BY MAIL TO: SCHEDULE A To Deed Party of the First Part: Party of the Second Part: Deed Dated: David F. Harris THE HENRY L. FERGUSON MUSEUM, INC. September ~ , 2002 ALL those certain plots, pieces or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York being a part of that portion of Fishers Island formerly belonging to the Fishers Island Corp. (which portion is hereinafter called the "Park") lying easterly of the following line, viz.: BEGINNING at the southeasterly corner of land owned by the United States, known as the Fort H.C. Wright Military Reservation, Mount Prospect Tract, on the shore of Block Island Sound or the Atlantic Ocean, and RUNNING THENCE northerly following the East boundary of the said land of the United States to the southerly line of East End Road, (sometime called Oriental Avenue) and which point is the northeasterly corner of land of the United States; THENCE crossing the East End Road and following the same course as the last to the shore of West Harbor or Fishers Island Sound; Said lots or parcels of land being bounded and described as follows: FIDCO LOT 38 - BLOCK 1 BEGINNING at a stone monument set on the westerly side of a road 40 feet wide, said monument being 1891.42 feet North of a point which is 1122.66 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" (which said "NIN" monument is located near the western end ora ridge overlooking the South shore of Fishers Island and on the highest point between Chocomount and Mount Prospect and lies South 45 degrees 17 minutes 26 seconds East of North Dumpling Light in Fishers Island Sound); and RUNNING THENCE South 80 degrees 15 minutes 20 seconds West, 118.50 feet to a stake; THENCE North 56 degrees 35 minutes 20 seconds West, 182.55 feet to the shore of Fishers Island Sound; THENCE with the meanders of said Sound, North 17 degrees 23 minutes 40 seconds East, 80.09 feet and North 20 degrees 59 minutes 00 seconds East, 75.90 feet to a stake; THENCE North 78 degrees 31 minutes 50 seconds East, 175.98 feet to a stake set on the westerly side of said road; THENCE along the westerly side of said road, South 14 degrees 39 minutes 20 seconds East, 8.20 feet to a stake marking a point of curve to the right whose radius is 1054.11 feet and the direction of whose radius at that point is South 75 degrees 20 minutes 40 seconds West; THENCE southwardly along the westerly side of said road (and following the arc of said curve), 117.64 feet to a stake; and THENCE still along the westerly side of said road South 08 degrees 15 minutes 40 seconds East, 140.95 feet to the point or place of BEGINNING. ADJUNCT PROPERTY TO FIDCO LOT 38 - BLOCK 1 BEGINNING at a point on the Westerly side of a private road, said point being 3008.80 feet South of a point which is 8376.29 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the highest hill on Fishers Island, New York, about 2 1/4 miles West of the eastern end of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East of North Dumpling Light in Fishers Island Sound); and RUNNING THENCE North 82 degrees 30 minutes 20 seconds West, 145.80 feet to a post at the shore of West Harbor; THENCE following the meanders of said shore line South 09 degrees 31 minutes 50 seconds East, 259.10 feet; THENCE North 78 degrees 31 minutes 50 seconds East, 160.97 feet to said road line; THENCE along said road line North 14 degrees 39 minutes 20 seconds West, 221.67 feet to the point of BEGINNING. FIDCO ROAD SPUR A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road, said point being located 1119.95 feet West of a point which is 1823.88 feet North of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN, said point also being at a point of a curve to the right having a radius of 88.85 feet and the direction of whose radius at that point is North 75° 19' 12" West; and RUNNING THENCE southwesterly following the arc of said curve, 53.26 feet to a point; THENCE South 49© 01' 20" West, 205.55 feet to a point of curve to the point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 40° 58' 40" West; THENCE westerly following the arc of said curve, 44.17 feet to a monument; THENCE South 40© 58' 40" East, 86.02 feet to an iron pipe, said pipe being at a point of curve to the right having a radius of 37.76 feet and the direction of whose radius at that point is North 72© 00' 00" East; THENCE northeasterly following the arc of said curve, 44.17 feet to an iron pipe; THENCE North 49° 01' 20" East, 187.37 feet to an iron pipe at a point of curve to the right having a radius of 19.28 feet and the direction of whose radius at that point is South 40° 58' 40" East; THENCE southeasterly following the arc of said curve, 40.86 feet to the point in the southwesterly line of said private road; THENCE North 09© 32' 24" West, 99.42 feet along said road line to the point or place of BEGINNING. Containing 11,640 square feet, more or less. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 5 TRANSFER TAX NUMBER: 02-08798 District: 1000 Deed Amount: Section: Block: 007.00 01.00 EXAMINED AND CHARGED AS $o.o0 Recorded: At: LIBER: PAGE: Lot: FOLLOWS 09/27/2002 11:41:57 AM D00012211 741 005.000 Received the Following Fees For Page/Filing $15.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 RPT $50.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 02-08798 THIS PAGE IS Above Instrument Exempt NO Handling NO NYS SURCHG NO EA-STATE NO Cert.Copies NO SCTM NO Co~.Pres Fees Paid A PART OF THE INSTRUMENT $5.00 $15.oo $25.0O $0.00 $o.0o $0.o0 $125.00 Exempt NO NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County THIS INDENT~E, ~ade the 7th day of December, Nineteen hundred and sixty-six, between FISHERS ISLAND ESTATES, Y~C., a New York corporation having its principal office at 14 East 52nd Street, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and FISHERS ISI~D DEVELOPMENT CORPORATION, a New York corporation having its principal office at 1 Chase Hanhattan Plaza in the City, County and State of New York, hereinafter called the grantee, party of the second part. ~IT~ESSETH: That the party of the first part, in consideration of One Hundred Dollars ($100.00), lawful money of the United States, and other good and valuable consider- ation paid by the party of the second part, does hereby grant and release unto the party of the second part, its s~ocessors a~d assi~ls forevers Fi~ST pARCEL ,~h~ ~ith the buildings and improvements r~erao , '7~':'Y~-Z-ZZ' ~el-- in the Town of Southold, County o£ a~e~,~ ~A._y~_~,~j~ .~ ~e~ York and being all of that portion of Fishers Island lying Easterly of the following li~e, vi .. BE~I~G at the Southeasterly corner,~of 1.,o~~ fo~nerly owned by the United States, ~nown aS ~,e ~ ~r~ght }~lllta~ Rese~v~tion, ~ount P~ospect ~-~ct, on shore of B~ock Island Sound or the Atl~ntin Ocean (as said ~ct was constituted p~or to the extension thereof by the Ecquisl~on of additio~ 18nds in condemn~tion p~oceedi~s instituted in 1942) and running thence Northerly following the East boundary of the ~d tract of land now or fo~nerly of the United States (as same was constituted prior to such extension thereof) to the southerly line of East End Road called Oriental Avenue) and which point is the co~ner of said tract of land now or fol~nerly the United States (as same was constitated prior to such extension thereof), thence crossing the East End Road and following the same course as the last to the shore of West Harbor or Fishers Island Sound; ALSO all the right; ~'t~l~ 'and interest of the of the first part in and to that~ ~all island in the Atlantic Ocean lying Easterly of Fishers Island and known as Wicopess~ - 2- A. The parcels of land conveyed Dy the following deeds, recorded in the Office of the Clerk of Suffolk County, as follows: Deed, E. M..and W. Fergusoa to United States, dated November 29, 1901, recorded February 1902, in Liber 515 of Deeds, page Deed, Walton Ferguson and wife, Do Alfred L. Fer~uson, dated May 29, 1918, recorded June 6, 191~, in Liber 967 of Deeds, page 193. Deed, Walton Ferguson and wife, to Harry L. Fer~uson, dated May 29, 1918, recorded June 6, 19t~, in K~ber 967 of Deeds, page 195. Deed, Walton Ferguson and wife, to Helen M. Tilford, dated May 29, 1918, recorded June 6, 1918, in Liber 967 of Deeds, page 196. B. EXCEPTING also from the first described ~rac= Lo· numbered 30, B1, 32, 44, 52, 53, 56, 57, 60~ 61, 62, 68 and 69 on a certain map entitled "Plan of peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, in 191~," and filed in said Clerk's Office on May lt, 1913, file No. 223, being a part of the land conveyed by James H. Lyles, Trustee, $o Frances Catherine Hedge, hy deed dated May 1, 1877, recorded in said Clerk's Office July 6, 1877, Liher 229 of Deeds, page 204, an~ re-recorded December 30, 1881 in Liber 260 of Deeds, page ~0~ C. EXCEPTING, ~lso, from the first described tract the parcels of land conveyed hy Fishers Island Co~oration by the following deeds recorded in said Clerk's Office as follow~ Grantee Elsa Hoxsey Abbott Henry W. Bagley George Pomeroy Bartholomew and MarJorie LoveJoy Bartholomew, his wife Helen A. Benedict Clarence F.Beumett and Blanche H. Bennett, his wife Dorothy C. Benton Edith B. Blancke Date of ©eed Jan.27,1928 0ct.5,1~31 July 8,1927 Date of Liber and Pa~ Recordin$ of Recordi~ Feb.l,1928 L. 1330 of Deeds, p. ll~ 0ct.14,1931 L. 1609 of Deeds, p. 41~ Sept.18,1928 L. 1380 of Deeds, po 47~ Nov.4,1927 July 8,1927 June 1,1927 June 25,1929 NOV.29,1927 L. 1318 of Deeds, p. 22 July 26,1927 L. 1285 of Deeds, p.265 Aug.3,1927 L. 1286 of Deeds, p.495 Sept.17,1929 L. 1457 of Deeds, P.193 Date of Grantee Deed Ralph H. Bollard Dec.30,1927 and Isabelle Bollard, his wife IrvingW. Bonbright June 21,1928 July 25,1928 Irving W. Bonbright June 21,1928 July 25,1928 I~vlng W. Bonbright June 21,1928 july 25,1928 Irving W. Bonbright June 21, 1928 JulY 25,1928 Joseph A. Bower and sept.2~,1928 0ct.19,1928 E~D~ A. ~wer, his wife Heyward E. Boyce Sept.25,1928 Nov.2,1928 and C, prevos~ Boyce, his wife W. Graham Boyce and May 12,1937 May 22,1937 Eliza Gillet Boyce, his wife Flint Brayton Nov. 2,1931 Andrew B. Brown and Bertha S. Brown deon Bro%~n Sept.20,1928 Sept.25,1930 Donaldson Brown Aug.12,1930 Donaldson Brown 0ct.11,1929 Donaldson Brown Sept.16,1931 John Nicholas Brown Jan.5,1937 Waldo C. Bryant Date of Liber and Pag~ Reco_~q~_~ of Recordin~ July 14,1930 L. 1513 of Deeds, pp. 202-205 L. 1363 of Deeds, p.391/ L. 1363 of ~ Deeds, p-gll/ L. 1363 of Deeds, p.419 L. 1363 of Deeds, p.396 L. 1387 of Deeds, p. SB0 L. 1391 of Deeds, p.293 L. 1922 of Deeds, pp. 56-58 Feb.27,1932 L. 1636 of Deeds, p.24 Sept.29,1928 L. 1383 of Deeds, p.10 0ct.16,1930 L. 1533 of Deeds, p.22~ Aug.l~,1930 L. 1520 of Deeds, p.180 Aug.l~,1930 L. 1520 of Deeds, p.176 Jan. 2,1932 L. 1625 of Deeds, p.282 Jan.8,1937 L. 1901 of Deeds, p.163 July 8,1927 (said deed never having been recorded, the prelL%see thereby con- veyed b~ing the same premises described in deed made by Ida Bryant and Waldo Gerald Bryant, as Executors of the Last Will and Testament of Waldo C. Bryant, Deceased, and The First National Bank and Trust Company of Bridgeport, Ida Bryant and Waldo Gerald Bryant, as Trustees under the Last Will of W~ldo C. Bryant, deceased, to Fishers 1932 anti,re.corded Decembe~ 13~A~''~n' Liber 1688 of Deeds, ~age 369, an~/ Agnes deF. C. Buckingham Richard B. Bulkeley June 1,1927 Irving T. Bush 0ct.15,1928 Walter S. Carpenter,0ct.19,1928 Jr. and Mary W. Ca~pen~er, his wife Date of Date of Liber and Page Deed Recordin~ of Recording_ being the same premises described as Parcels ll, 12~ lB and 14 in deed made by Fishers Island Corporation to Fishers Island Farms, Inc. dated August ~, 1939 and recorded September ll, 1939 in Liber 2062 of Deeds, page 65.) June 1,1927 0ct.1~,1927 L. 1310 of Deeds, p.240 L. 1283 of Deeds, p.196 L. i389 of Deeds, p.390 L. 1389 of Deeds, p.134 Walter S. Carpenter,Aug.l,1930 Jr. and Mary W, Walter S. Carpenter,Nov.9, 1931 Jr. and Mary W. Carpenter, his wife Walter S. Carpenter,Nov.9,1931 Jr. and Mary W. Carpenter, his wife Joseph S. Carreau Porter B. Chase Charles Cheney and M~ryBell Cheney, his wife July 16,1927 0ct.26,1928 0c~.25,1928 Philip Cheney Sarah Griffin Cheney Sarah Griffin Cheney Chocomount Homes Inc. Helen Ashton Clark Francis W. Cole Dec.3,1930 L. 1543 of Deeds, p.29 Nov.28, 19~1 L. 1619 of Deeds, pp. 205-209 Nov.28,1931 L. 1619 of Deeds, pp. 201-204 0ct.15,1928 (said deed never having been recorded, the premises thereby conveyed being hereinafter particularly described.) June 1,1927 June 17,1927 L. 1276 of Deeds, p.171 Aug.22,1927 Sept.3,1927 L. 1292 of Deeds, P-357 May 20,1929 0ct.11,1927 Aug.l,1929 0ct.6,1937 Aug.l,1930 0ct.8,1929 June 4,1929 0ct.25,1927 Aug.12,1929 Nov.9,1937 0ct.20,1930 0ct.23,1929 L. 1435 of Deeds, p.585 L. 1~12 of Deeds, P.351 L. 1450 of Deeds, p.46 L. 1953 of Deeds, p.286 L. 1534 of Deeds, p.103 L. 1464 of Deeds, p.367 -5- Date of Grante~ Deed ?rancis W. Cole Aug.ll,1930 Iilliam Ayres Agler June 2,1927 ~nnie Strong Cooke 0ct.21,19B1 ~orman P. Cooley Oct. S0,1929 Elisha H. Cooper June 29,193I ~ndMargaret M. Cooper, his wife Alfred W. Da~er and Jan.26,1929 Grace C. Dater, his wife Albert G. Davis Jan. 30,1933 Francis B. Davis Feb.t0,1931 John Staige Davis and Kathleen Bowdoin Davis Annette p.Dederick July 8,1927 Aug.28,1928 Annette p. Dederick Aug.8,1930 Frederick S. Duncan 0ct.22,1929 Heroy M.DycRman Feb.28,1928 and Barbara B. Dyc~nan, his wife John S. Dye and Jan. 30,1933 Lucy W. Dye,his wife Alice S. Farmer July 8,1927 Alfred L. Ferguson Dec.1~,1927 Alfred L. Ferguson Dec.14,i927 Charles vaughan _ _June 1,1927 Ferguson and Harrle~ R- Ferguson, his wife Charles Vaughan Dec.31,1927 Ferguson and _Ha~i~t_.~.. Ferguson,~ ~ his ~ife ' --~'~ Date of Liber and Pag( ~ of Recordi Aug.15,1930 L. 1520 of Deeds, p. 438 June 15,1927 L. 1277 of Deeds, p.422 0ct.29,19~1 L. 1612 of Deeds, PP. 507-510 Nov.12,1929 L. 1468 of Deeds, p.137 July 23,1931 L. 1592 of Deeds, pp. 59-62 Feb.6,1929 L. 1409 of Deeds, p.h8 Feb.3,1933 L. 1696 of Deeds, p.357 May 13,1931 L. 1576 of Deeds, p.246 Nov.25,1930 L. 15~1 of Deeds,p.378 NOV.14,1940 L. 2134 of Deeds, p. 1 Nov.14~1940 L. 2133 of Deeds, p.59~ ~ug.1,1933 L. 1727 of Deeds, p. 73 0ct.15,1928 L2 1386 of Deeds, p.36~ Feb.17,1933 L. 1698 of Deeds, p.3~7 Aug.l,1927 L. 1286 of Deeds, p.232 Feb.28,1929 L. 1412 of Deeds, p.500 Dec.20,1927 L. 1322 of Deeds, p.142 June 17~1927 L. 1276 of Deeds, p.175 June 29,1928 L. 1357 of Deeds, p.~2~ -6- Rte of Date of Grantee Deed Recordin~ Dorothy T. Fergueon Sept.~,1931 Sept.26,1931 Eleanor M.Ferguson June 1,1927 June 15,1927 and ~ J. Ferguson Eleanor M.Perguson Aug. 8,1928 Aug.20,1928 Helen G. Ferguson Jan.19,1928 Feb.14,1928 Helen G. Fergueon Jan.20,1928 Feb.14,1928 Henry L. Ferguson 0ct.25,1927 Nov.3,1927 John S. Ferguson May 20,1929 May 24,1929 John S. Ferguson Dec.16,1931 Jan.19,1932 Fishers Island Aug.~,1939 Sept.ll,1939 Farms, Inc. Charles P.Francho~ Aug.6,1937 Sept.ll,1937 Charles P.Franchot Aug.6,1937 Sept.ll,1937 Frances H. French June l, 1927 June 15,1927 Frances H. French Aug.6,1930 Dec.16,1930 Henry J. Fuller July 8,1927 July 23,1927 Henry J. Fuller 0ct.16,1928 Dec.19,1928 Nancy Archibald May 26,1930 June 19,1930 Fuller William Shirley July 8,1927 . Aug.5,1927 Fulton William W.Galbraith Nov.~,1927 Nov.22,1927 and Katharine S. Galbraith, his wife Liber and Pa of Recordiq L. 1605 of Deeds, PD- 5~9-55~ L. 1277 of Deeds, p.~06 L. 1369 of Deeds, P.337 L. 1332 of Deeds, p.161 L.!332 of Deeds, p.165 L. 131~ of Deeds, p.230 L. 1~34 of Deeds, p.131 L. 1628 of Deeds, P.577 L. 2062 of Deeds, p.65 L. 19~3 of Deeds, pp. 586-~87 L. 19~3 of Deeds, pp. 594-598 L. 1~77 of Deeds, p.~02 L. 1545 of Deeds, P.572 L. 1285 of Deeds, p.26 L. 1~00 of Deeds, p.~07 L. 1508 of Deeds, p.213 L. 1287 of Deeds, p.214 L. 1317 of Deeds, p.16~ Charles A. Goodwin 0ct.25,1927 Nov.28,1927 L. 1318 of Deeds, p.120 Frank H. Goodyear William M. Hager and Anna E. Hager, his wife Mary E. Haines Date o£ Deed May 20,1929 Dec.31,1934 July 10,1930 Date of Reeordin~ June 10,1929 Jan.22,1935 Aug.13,1930 Agnes M. Hanes Feb.7,1933 Mar.29,1933 Dec.31,1927 George E. Hardy, Myrtie W. Hardy, D. WhitfieldHardy, Anton G. Hardy, Harold V. Goubert and Howard W,¢owan George E. Hardy, Myrtle W. Hardy and D. Whit£ield Hardy Willis F. Harrington Nov.12,1931 and Elizabeth F. Harrington, his wife Margare~ J.Harrison Dec.19,1939 Nathalie H. Roberts and John Kearsley Mitchell Harrison George P. Mart Nov.9,1928 Sept.20,1930 Apr.13,1928 Jan.24,1931 Nov.28,1932 Jan.2,1940 Nov.l~,1928 George P. Hart June 29, 1931 July 10~1931 F. Barton Harvey June 17,1927 July 8,1927 and Rose Linsey Harvey, b-is wife {elen V. Hathaway July 19J1935 Aug.15,1935 Beatrice Hawkins June 1,1927 June 15,1927 July 8,1927 Sept.30,1927 Chester O. Heywood Aug.22,1927 Sept.7,1927 Dorothy Doolittle Holcomb Feb.4,1933 Feb.2~,1933 Liber and Pa of Recordin L. 1436 of Deeds, p.573 L. 1799 of Deeds, p.216 L. 1520 of Deeds, p.l14 L. 1705 of Deeds, p.372 L. 1~2 of Deeds, p.90 L. 1552 of Deeds, p.511 L. 1619 of Deeds, p.17~ L. 2080 of Deeds, P.35~ L. 1393 of Deeds, D.42~ L. 1589 of Deeds, p.198 L. 1281 of Deeds, P.551 L. 1824 of Deeds, P.453 L. 1277 of Deeds, p.398 L. 177 of Deed., p.~26 L. 1293 of Deeds, p.83 L. 1699 of Deeds, P.353 j~-~w~w~---~-Au~zt~,~9~0---~.AuE.RO, 1930 ~L. 1521 of osepn n. nu-...~7 ..... ~ ~ De~d~7~, ~ ~1~ -8- Date of Grantee Deed Maribel C. Humpstone Sept.17,1930 Mabel L. Hutchinson June 2,1927 Everett E. Jackson and Fay Leonard Jackson, his wife H. Arnold Jackson and Katherine H. Jackson, his wife Nov. 16,1931 June 11,1927 Date of Liber and Page Recordinf of Recordin_~_ 0ct.28,1930 L. 1535 of Deeds, p.543 June 1~,1927 L. 1277 of Deeds, p.285 Dec.8,1931 L. 1621 of Deeds,p.ll9 June 24,1927 L. 1279 of Deeds, P.338 John Jacobs Aug.8,1928 (said deed never having been recorded, the premises thereby conveyed being hereinafter particularly mentioned Fred I. Kent and May 20,1929 [~ay 28,1929 L. 1434 of Warner W. Kent Deeds, p.425 Fred I. Kent Apr.24,1933 Sept.2,1933 L. 1724 of · Deeds, p.271 Martha Tipton June 12,1928 Nov.ll,1931 L. 1615 of Kenyon Deeds, p.142 Charles S. King Sept.t4,1931 0ct.17,1931 L. 1610 of Deeds, p.262 Arthur F. LaFrentz Dec.31,1927 Lagniappe, Inc. 00t.10,t930 Lagniappe, Inc. Apr.lO,1937 Lewis G. Larus and Anne G. T. Larus, his wife July 8, 1927 Charles W.Littlefield Sept.7,1928 and Georgie B. Littlefield, his wife Charles W.Litttefield Aug.5,1930 and Georgie B. Littlefield, his wife July 12,1928 L. 1360 of Deeds, p.383 Feb.2,1931 L. 1554 of Deeds, p.149 Sept.23,1937 L. 1946 of Deeds, p.t03 Aug.8,1927 L. 1287 of Deeds, p.52~ Sept.25,1928 L. 1382 of Deeds, p.223 Aug.20,1930 L. 1521 of Deeds, p.4tl Maurice A.Long and Jan.30,1933 Fe~.23,1933 L. 1699 of Anne M. Long, his Deeds, p.160 wife Jesse Robert LoveJoy Aug.22,1927 0ct.17,1927 L. 1310 of and Mary Gould Deeds, p.236 LoveJoy, his wife Robert S. Maslin and Dec.2,1928 Feb.20,1932 L. 1634 of ~$hel~s wi~B Maslin, Deeds, P.597 -9- Date of Grantee Deed Erard Adolph June 17,1927 Matthiessen Adolph 0ct.18,1927 hiessen Alexander A. Mar.26,1928 ,McDonnell Hollyday S.Mceds,Jr. Dec.3,1930 dith Welles Meyer Nov.18,1937 deB. Moore July 3, 1930 ohn M. Morehead Dec.31, 1927 Alexander P.Morgan July 24,1933 William 0sgood June 2,1927 Morgan J.Nelden and Oct.11,1927 M.Nelden, his ~ife, and Jesse L. Terry and Kathleen N. Terry, his wife William H. Nichols, July 8, 1927 Jr. Francis Tilden Jan.25,1929 Nichols and Central Union Trust Company of New York, as Trustees under the Will of William M. Nichols, Jr. deceased Rose Tilden Nichols,July 15,1931 widow, and Marian Viles .lden C. Noble and Helen A. Noble, his wife Agnes B. Noyes Date of Liber and ~ecordin~ of Recording July 14,1927 L. 1300 of Deeds, p.64 Nov.18,1927 L. 1316 of Deeds, Apr.2,1928 L. 1339 of Deeds, p.&6? Jan.15,1931 L. 1551 of Deeds, p.5~ Nov.22,1937 L. 1995 of Deeds, p.~54 July 30,1930 L. 1516 of Deeds, p.578 Jan.14,1928 L. 1326 of Deeds, p.480 Aug.2,1933 L. 1727 of Deeds, p.123 July 7,1927 L. 1251 of Deeds p.281 0ct.20,t927 L. 1311 of Deeds, p.~l Agnes B.Noyes Jan.31,1928 L. 1329 of Deeds, p.567 Jan.31,1929 L. 1407 Of Deeds, p.566 Aug.6,1931 L. 1595 of Deeds, p.26 Oct. 18j1937 0ct.22,1937 L. 1951 of Deeds, p.70 July 8,1927 Sept.14,1927 L. 129~ of Deeds, p.192 Aug.l,1927 Sept.14,1927 L. 1294 of Deeds, p.197 Agnes B. Noyes Oco.l~8,1~x · Nov.3,1~2~~ L~IBI~ of Deed~, - l0 - Date of Grantee Deed qgnes B. Noyes Aug.8,1928 Augustus Embury 0ct.11,1927 Palmer and Elizabeth Hepburn Palmer, his wife Charles B. Parsons Nov.18,1927 Alexander C. Jan.31,1928 Pendleton and Martha F. Pendteton, his wife Ralph H, Perry Aug.8,1928 Wlnslow S. Pierce Dec.,,1929 Maxwell S. Porter Aug.22,1927 Sherburne Presco~5 June 2,1927 Sherburne Prescon~ Sept.18,1929 Corinne G.Rafferty June 17,1927 Madeline G. Rafferty Dec.17,1929 James H.Rand, Jr. Apr.29,1931 William T. Reed June 2,1927 William T. Reed Sept.26,1930 Edwin Wilbur Rice, Aug.ll,1930 Jr. Edwin Wilbur Rice, Aug.14,1931 Jr. L. Martin Richmond June 17,1927 Jesse B.Riggs and Charlotte S.Riggs, his wife Dec.30,1930 Date or Liber and Pag~ Recordin~ of Recordin Nov.2,t928 L. 1391 of Deeds~ p.297 Dec.2,1930 L. 1542 of Deeds, P.497 0ct.9,1931 L. 1560 of Deeds, p.266 Feb.8,1928 L. 1331 of Deeds, p.189 Aug.30,1928 L. 1372 of Deeds, p.21 Jan.24,1930 L. 1482 of Deeds, p.13 Nov.17,1927 L. 1316 of Deeds, p.418 June 10,1927 L. 1278 of Deeds, p.227 Sept.25,1929 L. 1459 of Deeds~ p.138 June 23,1927 L. 1276 of Deeds, p.l17 Jan.13,1930 L. 1477 of Deeds, P.591 May 21, 1931 L. 1578 of Deeds, p.181 June 15,1927 L. 1277 of Deeds, p.410 0ct.6,1930 L. 2531 of Deeds, p.287 0ct.9,1930 L. 1532 of Deeds, P.93 Sept.lO,1931 L. 1602 of Deeds, p.225 June 29,1927 L. 1279 of Deeds, p.563 Jan.8,1931 L. 1550 of Deeds, p.251 Harold Rowe and Aug.22,1927 Feb.l,t934 L. 1750 o£ P.Rowe, Deeds, p.315 - 11 - Dorothy M.Russell Frederick S. Ruth Walter N. Ruth and Mary Nelson Ruth, b-is wife Date of Deed 0ec.31,1927 July 8,1927 June 28,1928 Date of Llber and Pag~ Recordin$ of Recordir 0ct.22,1928 L. 1388 of Deeds, p.2~O Dec. 2,1927 L. 1319 of ~eeds, p.1 July 12,1928 L. 1361 of Deeds, p.490 Ann/e E. Schultz, Trustee under the Will of L. S. Ellsworth Annie E. Schultz, Trustee under the Will of L. S. Ellsworth May 20,1929 Aug.l,1930 0rant G. Simmons Mar.25,1931 Edith K. Skinner June 2,1927 Helen Talcott July 8,1927 Stanley Maurice stan/ey and 0ct.11,1927 Margaret S. Stanley, his wife Jane H. and Marian 0ct.21,1930 Swords Mary D. Tifft Apr.17;1931 James Dean Tilford Aug.6,1937 and Helen M.Tilford, his wife James Dean Tilford Dec.31,1927 and Helen M.Tilford, his wife Elizabeth S. Upp Nov.5,1928 Cornelia W. Vanderpool July 20,1931 June 22,1929 L. 1~39 of Deeds, P.398 Aug.19,1930 L. 1521 of Deeds, p.223 Apr.16,1931 L. 1569 of Deeds, p.419 June 15,1927 L. 1277 of Deeds, p.418 Aug.l~,1930 L. 1520 of Deeds, p.289 May 10,1928 L. 1347 of Deeds, p.182 (re-recorded October $, 1938 L. 2007 of'Deeds, p. 462) Dec.3,1930 L. 1543 of Deeds, p.25 Nov,l~,lg~0 L. 2133 of Deeds,-P.590 Sept.2~,1937 L. 1946 of Deeds, p.217 Jan.t2,1928 L. 1326 of Deeds, p.206 Jan.3,1929 L. t~02 of Deeds, p.210 July 28,1931 L. 1593 of Deeds, p.36 Douglass Van Dyke June 1, 1927 June 17,1927 L. 1276 of Douglass Van Dyke 0ct.11,1927 0ct.21,1927 ~L. I311 o - 12 - Joseph Van Vleck and Carolyn W. Van Vleck, his wife King Wainwright Date of Date of Libera~d Fag Dee~ Recordin~g of Recor~n July 8,192~ July 22,1927 L. 1284 of Deeds, p.418 Dec.31,1927 Henry p. Walker June 17,1927 Henry p. Walker 0ct.28,1928 ~ndrew B. Wallace and Florence W. Wallace, his wife Madora V. Wallace and Ruth Wallace Demarest June 17,1927 Aug.29,1928 V. Wallace Aug.29,1928 Madora V. Wallace and Norman Wallace Madora V. Wallace Aug.l,1929 Mar.26,1931 Florence S. Warner 'Nov.18,1936 J. Cheney Wells Aug.l,1930 Robert H. White and July 8,1927 Elsie C. White, his wife ~illiam Henry ~it~ Dec.31,1927 Florence C.%~itney Dec.1,1928 Blair S. Williams July 8,1927 and Elsie S. Williams, his wife John S. Williams and July 8,1927 Sarah McL. Williams, his wife MarJorie Phillip Aug.22,1927 Williams Nina C.D. Williams June 17,1927 Nov.27,1940 Judy 22,1927 Nov.12,1928 June 24,1927 Sept.13,1928 Sept.13,1928 Aug.30,1929 July 9,1931 Nov.30,1936 Aug.25,1930 NOV.7,1927 Jan.30,1928 Jan.28,1929 Mar.16,1929 July 26,1927 Sept.7,192? July 31,1930 L. 2136 of Deeds, p.183 L. 128~ of Deeds, p.486 L. 1393 of Deeds, P-57 L. 1279 of Deeds, p.24~ L. 1374 of Deeds, p.500 L. 137~ of Deeds, p.504 L. 1454 of Deeds, P.99 L. 1589 of Deeds, p.88 L. 1894 of Deeds, P.318 L. 1523 of Deeds, P.170 L. 1314 of Deeds, p.411 L. 1329 of Deeds, P.~87 L. 1~07 of Deeds, p.83 L. 1415 of Deeds, P.371 L. 1285 of Deeds, P.392 L. 1293 of Deeds, p.1 L. 1517 of Deeds, P.194 292 - 13 - Date of Date of Liber and Pa?~ of Recordin~ Grantee Deed Recordi~ paul T. Wise and Mar.l,1937 Au~.31,1937 L. 1914 of Alice S. Wise, Deeds, p.41 his wife Caroline Lesher Sept.~,t92~ 0ct.1,1929 L. 1460 of Wright Deeds, p.l16 Cazoline Lesher Sept.16,1931 Nov.i7,1931 L. 1614 of Uright Deeds, p.317 Clinton R.Wycxoff Oct.6,193G Nov.15,1930 L. 1537 of and Emma M.Wycxoff Deeds, p.24~ Eugene A. ¥ates Aug.6~,1937 Sept.ll,l~37 L. 1943 of Deeds, p.588 Margaret T. young 0c~.8,1928 0ct.24,1928 L. i389 of Deeds, p.71 lenfield ~ Young Sept.25,1~31 0ct.7,1931 L. 1608 of ~' Deeds, p.279 Zlmbalist Aug.28,1928 Mar.26,1929 L, 1422 of Lnd Alma G!uck Deeds, p.267 Zimbalist EXCEPTING also from the first described tract the following properties heretofore conveyed by Fishers Island Corporation: 1. The property conveyed by deed made by Arthur E. Whitney and his wife to Louise Maxwell Whitney, dated October 29, 1928 and recorded November 2, 1928, in Liber 1391 of Conveyances at page 24~. 2. The property conveyed by deed made by Florence C. ~itney to John S. Ferguson dated July 30, 1929, recerd-i ed Augusv 14, 19Z9, in Liber 1450 of Deeds, page 400. ~. The property conveyed by Fishers Island Corporation to Joseph S. Carreau, by deed dated October 15, 19~8, above mentioned, therein described as follows: BEGINNING at a stone monument set on the Easterly side of a road forty feet wide, said monument being one hundred and ninety and seventy-six hundredths feet South of a point which is thirteen hundred and sixteen and eighty-seven hundredths feet West of another monu- ment marking the U.S. Coast and Geodetic Survey Triangulation Station "East End 2" (which said "East End Z" monument is located on the summit of the highest hill East of East Harbor on Fishers Island, N.Y. and lies South fifty-four minutes West of Latimer Reef Light in Fishers Island Sound); and running thence North eighty-nine degrees and twelve minutes East one hundred and thirteen and ninety-four hundredths feet to a ssaKe; thence South fifty-two degrees twelve minutes and ten ~, _eacnn~s. East one hundred and one and fifty-six hundredth~ feet to~ke;--th~be S~i~ twelve degrees f~fty-two~_ minu~es and forty seconds East seventy;eight and eighty-seven hundredths fee~ to a ssa~e set on the Northerly side of another road forty feet wide; thence Southwestwardly along the Northerly side of said road (and following the arc of a curve ~o the left whose radius is three hundred and thirty-nine and n/ne~y-t~vo hundredths fee% and the direction of whose radius at that point is South ~wen~y-four degrees fifty-five minu~es and thirty seconds East) one hundred and one ant ninety-eight hundredths feet to a stake; 'thence, still along the Northerly side of said road, South forty-seven degrees fifty-three minutes and ten seconds Nest tb-irty- six and fifty-one hundredths feet to a stake marking a point of curve to the right whose radius is two hundred and nine and eighty hundredths feet and the direction of whose radius at that point is North forty-two degrees six minutes and fifty seconds West; thence Scut still along the Northerly side of said road (and follow- ing the arc of said curve), ninety-one and sixty-three hundredths feet to a stake; thence, still along the Northerly side of said road, South seventy-two degrees fifty-four minutes and forty seconds %~es5 twentv-~i~ht and thirty hundredths feet to a stake marking a"pgi~t of curve to the right ~hose radius is fourteen and sixty- two hundredths feet and the direction of whose radius at that point is North seventeen degrees five minutes and twenty seconds West; thence Nestwardly, still along the Northerly side of said road (and following the arc of said curve), t¥;enty-seven and ninety-four hundredths fee to a stake set at the intersection of said road with the Easterly side of the road first above mentioned; thence, along the Easterly side of said road, North two degrees' twenty-five minutes and ten seconds East one hundred and fifty-one feet to a stake marking a point of curve to the right whose radius is four hundred and six and eight hundredths feet and the direction of whose radius at that point is South eighty-seven degrees thirty-four minutes and fifty seconds East; and thence Northwardly, still along the Easterly side of said road (and followln the arc of said curve), one hundred and seven and one hundredths feet to the place of beginning; one Rnd four hundredths acres, more or less. ~. The property conveyed by Fishers Island Corporation to John Jacobs, by deed dated August 8, 19~8, not ed, but particularly described in quit-claim deed made by Fishers Island Estates, Inc. to John Jacobs, dated as of December 31, 1940, recorded in said Clerk's 0ffic May 18, 1953 in Liber 3516 of Deeds at page ~55. 5. The property, easements and rights heretofore con- veyed by Fishers Island Corporation to The Fishers Island Electric Corporation and to The Fishers Island Telephone Corporation by deeds dated respectively December 30, 1939 and recorded in said Clerk's Office on November 23, 1940 in Llber 21~5 of Deeds, at pages 449 and 433 respectively. TOGE~PLER with all easements, rights of way and and privileges whatsoever reserved by or granted to Fishers Island Corporation contained in instruments of and in deeds made by lt~ whether or not recorded, and with all covenants and agreements in favor of said Fishers Island Co~poration set forth in deeds mad~ by it, whether or not recorded, and Dn - 15- TOGET~ER with all islands, harbors, coves, lnlets,~ bays, ponds, sbreame and all waters in, upon, adjoining ov forming a part of Fishers Island, lying Easterly of the line described under the first described tract, and the shoves and beaches and the uplands and lands under water thereof, and TOGETHE~ with the appurtenances and also all the estate which Fishers Island Corporation had at the time of lts adjudication in bar~ruptcy in eald prem~ees. BEING THE SAF~ properties and rights and lnterest~ in property conveyed to the party of the f2rst part by deed dated December 31~ 1940, made by James Henry Bambo, as T~ustee in Bankruptcy of Fishers Island Corporation, recordei in said Clerkls Office on March 20, 1941 in L~ber 2153 of Deeds, page 364, but BXOB~TING therefrom the following: 1. The parcels of land conveyed by the pa~cy of the first part by the following deeds, ~eco~ded In sa~d Clerkls Office, as follows: Date of Deed Adolph Ahlgren 0ct.28,1946 Adolph Ahlgven Mar.29,1955 Adolph Ahlgren and Ulla Ahlgren, his wife Adolph Ahlgren and Ulla Ahl~Ten, his wife Sept.20,1946 Mar.29,1955 TheodoreLawrence Apr.5,1950 Arasimowicz Date of LiberandPage Recordln$ of Recording 0ct.31,1946 L. 2642 of Deeds, p. 523 Apr.~,1955 L. 3863 of Deeds, p. 318 Sepb.26,1946 L. 2627 of Deeds, p. 174 Apr.4,1955 L. 3863 of Deeds, p. 314 Apr.21,1950 L. 3067 of Deeds, p. 202 Reginald Auchincloss June 30,1954 Bruce BaetJer Sept.19,1951 Richard G. Baker Feb.14,1964 and Patrlcia M. Lawrence S. Jan.19,1945 W. Baldwin, his wife Lawrence S. Apr.12,1950 Baldwin and Bertha W. Baldwin, his wife July 9,1954 L. 3722 of Deeds, p. 148 0ct,8,1951 L. 3274 of Deeds, p. 355 Mar.23,1964 L. 5516 of Deede, p. 537 Mar~.16,1945 L. 2428 of Deeds, p. 541 May 10,1950 L. 3074of Deeds, p. 240 John J. Bogert May 1, 1962 June 21,1962 L. 5185 of bis wife - 16- Date of Gran~ee Deed Margare~ M.Boger~ Dec.18,1951 Walter H.Bohlen Nov.30,1945 and Mary E.Boh/en, his wife Kenyon Boocock and Apr.5,1949 Glenn Wlnnett Boocock, his wife Lily Cushing Boyd June 18,1964 B.Rionda Braga Apr.30,1956 and Mary S.B,Braga, his wife T.Jerrold Bryce June 11,1948 and Helen Glenn Bryce, his wife Walker G.Buckner Aug.18,1964 and Helen W.Buckner, his wife Walker G. Buckner May 12,1966 and Helen W.Buckner, his wife radford Burnham Sept.25,1953 radford Burnham Aug.18,1958 'Zlbert W. Burr June 13,1949 Elbert W. Burr Jan.lO,1952 Elbert W. Burr Feb.18,1964 Cass Canfield Aug.2,1951 Caroline E. Cant Dec.13,1962 Leroy C~rney and Sept.27,1961 Mary Carney, his wife Edmund N. Carpenter,July 5,1955 II Colby M.Chester, 3rd June 23,1965 Date of Recordin~ Dec.27,1951 Dec.~7,1945 Apr.25,19~9 July 7,1964 May 10,1956 June 22,19~8 Sept.22,196~ May 24,1966 0ct.14,1953 Sept.8,1958 June 16,194~ Feb.8,1952 Feb.26,1964 Sept.7,1951 Dec.19,196R 0ct.20,1961 Dec.16,1955 July 20,1965 Liber and Page of Recording_ L. 3304 of Deeds, p. 258 L. 2515 of Deeds, p. 525 L. 2942 of Deeds, p. 403 L. 5572 of Deeds, p. 232 L. ~ll0 of Deeds, p. 115 L. 2840 of Deeds, p. 147 L. 5619 of Deeds, p. 78 L. 5962 of Deeds, p. ~84 L. 3595 of Deeds, p. 74 L. 4510 of Deeds, p.282 L. 2960 of Deeds, p. 215 L. B~19 of Deeds, p. 147 L. 5505 of Deeds p. 280 L. 3261 of Deeds P. 39 L. 5281 of Deeds, p. 523 L. 5067 of Deeds, p. 467 L. 4040 of Deeds, p. 417 L. 5784 of Deeds, p. 197 - 17 - Date of Date of Grantee Deed Recordln~ Colby N. Chester, Sept.7,1965 Sept.~9,1965 III Allen C. Cook and Annie Cook, ~is wife Nov.16,1956 Jan.9,1957 Liber and Pat of Recordit L.5830 Deeds, p.~89 L. 42~0 of Deeds, p. 171 Robert H. Cowan Feb.7,1962 June 5,1962 Theodore N. Danforth July 26,1965 Aug~sb4~965 and Isabel B.Danforth,hls wife Lammot duPont Sept.l~,1950 Pierre S. duPont, Jan.10,1952 3rd Pierre S. duPont Sept.27,1961 Pierre S. duPont, Dee.27,1956 3rd Reynolds duPont July 5,1955 Raymond W. Edwards Aug.27,1954 and Anna S. Edwards, his wife L. 5176 of Deeds, P.152 L.5793 of Deeds, p.412 0ct.15,1950 L. ~1~0 of Deeds, p.101 Jan.21,1952 L.3313 of Deeds, p. 19 Apr.18,1962 L. 5153 of Deeds, p. 509 Jan.18,1957 L. ~245 of Deeds, p. 522 Dec.16,1955 L. ~0~0 of Deeds, Sept.21,1954 L. 3760 of Deeds, p. 532 Duncan S. Ellsworth 0ct.30,1953 Nov.9,1953 H.Lee Ferguson, Jr. July 12,1962 Sept.17,1962 and Martha M.Ferguson,his wife Ella Milbank Foshay Jan.ll,1961 Jan.18,1961 Frances H. French Aug.13,1952 Aug.21',1952 Mary R. Gordon Jan.28,1963 Apr.25,1963 Apr.2,1953 May 18,1953 John W. Hanes Aug.31,1953 0et.16,1953 John W. Hanes David F. Harris 0ct.1,196~ Dec.18,1964 L. 3609 of Deeds, P.73 L. 5231 of Deeds, p. 567 L. 4937 of Deeds, p.72 L. 3396 of Deeds, p. 294 L. 5338 of Deeds, p. 189 L. 3516 of Deeds, p. ~7 L. 3596 of Deeds, p. 79 L. 5672 of Deeds, p. 467 Au*elia0tls HornHornand ..... Sept.15,1958 Nov.16,1958 De~d~e.~'° ~5~1p.3~ ~°f William H.Hubbard Nov.1-~ ~19~1 Dec.1-~,19~1 L. 2206 of and Oorot~ W.Hubbard, ~efla~ p.~ - 18 - ohn Leone eorge deF. Lord and Ruth duPont Lord, his wife George deF. Lord and Ruth duPont Lord, his wife Curtis W. McGraw Date of Deed Dec.~,1950 Fe~.22,1945 June 16,1954 Feb.24,t963 Jan.lll,1953 Erard A. Matthiessen Nov.~7,19o0 Erard A. Matthiessen Aug.lb,19~ Peter Matthlessen Margot B. Maw Alice F. ~,Lilliken Nov.17,1960 Feb.26,1965 Apr.20,1964 Date of Liber and Page Recordin~ of_Recording Dec.12,1950 L. 3163 of Deeds, p. l&9 March 16,1945 L. ~428 of Deeds, p. 531 July 26,195L L. 3730 of Deeds, p. 571 April 23,1963 L. 5337 of Deeds, p. 1 Feb.ll,1953 L. 3473 of Deeds, p. 540 Nov.29,!960 L. &912 of Deeds, p. 480 Sept.20,194~ L. 2994 of Deeds, p. 547 Nov.29,i960 L. 4912 of Deeds, p. 473 Apr,3,1965 L. 57Z8 of Deeds: p. 470 I.~y 6,1964 L. 5338 of Deeds, p. 493 Comfort P. O'Connor March 31,1965 April 2L1965 L. 5733 of Deeds,.p. 9 Bertha E. Olsen Jan.15,1945 March 16,1965 L. 2~28 of Deeds, p. 536 Remington Rand, Inc. Sep~.20, t948 Sept.24,1948 rilliam C.Robinson,Jr. Dec.24,1957 Feb.24,1958 ~uis Rotar and May 2,1946 Dorothy J. Rotar, his wife Thomas R. Rudel and Aug.25,19~8 Doris T. Rudel Joseph L. Smith Dec.~il~5 and ~uth M.Smith,his wife Warren H. Snow 0ct.21,195~ L. 2876 of Deeds, p. 403 L. ~431 of Deeds, P. 31 May 4,1946 L. 2559 of Deeds, P. 354 0ct.7,1948 Jan.29,1946 Nov.9,1954 John Temple Swin~ Sept.9,1964 0ct.8,1964 and Janet Adams ~wing, his wife L. 2881 of Deeds, p. 547 L. 2524 of Deeds, p. 357 L. 3787 of Deeds, P. 523 L. 5630 of Deeds, p. 125 - 19 - ~te of Grantee Deed ~arhara C. Watkins Dec.7,1960 John Hay Whltney 0ct.29,1948 John Hay Whitney Nov.24,1952 John Hay Whitney Jan.31,1962 Davld R. Wllmerdlng Dec.29,1953 Glean Wlnnett Nov.18_., 1966 ~ocock Cass Canfield Nov.17,1966 Barbara S.Kirk_land Nov.t2,1966 Hate Llber and Page RecordlnZ of Recordtn~ Dec.27,1960 I,. ~926 of Deeds, p. Nov.8,1928 L. 2892 of Deeds, p. 401 Dec.1,1952 L. 3~3 of Deeds, p. 460 Feb J9,1962 L. 9124 of Deeds, p. 580 Jan.15,195;4 L. 3639 of Deeds, ~p. ~02 Nov.29,1966 L. 6076 of Deeds, p. 387 Nov.29,1966 ~,. 6076 of Deeds, p. Nov.17,1966 ~.. 6071 of Deeds, p. 7 2. The lands and interests in land of the party of the first par~ taken by the Unlted States of Amerlca in an action instituted in the Unlted States District Court, Eastern District of New York, entitled - "Unlted States of America, Petitioner-Plaintiff versus 94.42 acres of land, more or less, at Fishers Island, Town of Southold, County of Suffolk, State of New York, and Fishers Island Estates, Inc. et al. Defendants," [C.P. No. 13), whlch lands and Interests in land are particularly described in the Judgment of Condemnation entered in such proceedings in the Office of the Clerk of said Court on November 16 19~3. ~ttuate In the Town of Southold, County of Suffolk, State York Trust Company, Defendants," (C.P. No. 31), whlch easement and the land burdened thereby are particularly described in the Judgment on the Declaration of Taking No. 7, dated May 27, 1943 and entered In such proceedings in the Office of the Clerk of said Court and whlch Judgment was recorded in the Office of the Clerk of Suffolk County on June 3, 1943 in Llber 2289 of Deeds, page 596. - 20 - 4. The easement for highway purposes granted by the par~y of the first part to the Town of Southold by deed of dedication, dated July 8, 19~9 and recorded in sa~d Clerk's Office on October 13, 1949 in Libor 3005 of Deeds, page 147. 5. The rights and easements conveyed by the party of the first part by the indenture, dated July 24, 1962, made between Alfred L. Fergusen, Marion B. Ferguson, Fishers Island Estates, Inc. and Fishers Island Development Corp. as the party of the first part thereto and ~Llfred L. Ferguson, Marion B. Fergeson, Fishers Island Estates, Inc. and Fishers Island Development Co~p., as the party of the second part thereto, which indenture was recorded in said Clerk's Office on September 17, 1962 in Liber 52B1 of Deeds, page 559. 6. ~he property, easements and rights heretofore conveyed by the party of the first part to Fishers Island Water Works Corporation by deed dated even date herewith and intended to be recorded in said Clerk's Office prior to the recordZng hereof. December 10, 1956. electric and telephone lines granted by the party of the first part to Elleen B. Robblns by deed dated August 13, 1965. TOGETHER, with all easements, rights of way and rights and privileges whatsoever reserved by or granted to the party of the first part contained in instruments of of the party of the first part or the party of the first SECOND PARCEL All those certain pieces or parcels of land situate lying and being at Fishers Island in the Town of Southold, Ooanty of Suffolk, S~ate of New York, conveyed by Walter Kuelper to the party of the first part by deed, dated October 25, 1950 and recorded in said Clerk's Office on November 8, 1950 in Libor ~1~8 of Deeds, page 555, said parcels being bounded and described as follows: PARCEL A .~ BEGINNING at a stone monument set on the Easterly saue of a road forty feet wide, said monument being sixteen hundred and thirty and forty-one hundredths feet West of a ~Or~::~d~_wh~Ch~:l.s t~O handled and seventh-four and twenty hun- said Chocomount 2 monument is located on the mmmit of the highest h.ill on Fishers Island, N.Y. about two and one-quarter mlles~West of the Eastern end of Fishers Island and lies Seuth seventy-nine degrees twentymnlne - 21 - minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence South forty-six degrees and forty-five minutes East two hundred and Swenty- eight and twenty-one hundredths feet to'a stake; thence South sixty-three degrees fifty-five minutes and thirty seconds East one hundred and seventy-one and twenty-three hundredths feet to a .stake; thence South eighteen degrees forty-fourminu~es and fifty seconds West'one hundred and sixty-eight and seventeen hundredths feet to a stake set on the Northerly side of another road forty feet wide; thence Westwardly, along the Northerly side of said ~oad (and follow- ing the arc of a curve to She left whose radius is seven hundred and six and twenty-one hundredths feet and the dir- ection of whose radius at that point is South two degrees ~wo minutes and fifty-four seconds East), one hundred and forty-four and sixty-eight hundredths feet to a stake; thence still along the Northerl~ side of said road, South seventy- six degrees twelve minutes and fifty seconds West forty and forty-one hundredths feet so a stake mrking a point of curve ~o the right whose radius is eighty-one and sixty-seven hun- dredths feet and the direction of whose radius at that point is North thirteen degrees forty-seven minutes and ten second~ West; thence Westwardly, along the Northerly side of said road (and following the arc of said'curve), one hundred and twenty-eight and sixty-onehundredths feet co a sSake set at the intersection of said read with the Easterly side of the road first above mentioned; thence, along the Easterly side of said road, North thirteen degrees thirty-three minutes an ten seconds West one hundred and sixty-six and ninety-nine hundredths feet to a stake marking a point of curve to the right whose radius is two hundred and eleven and fifty-seven hundredths feet and the direction of whose radius at that point is North seventy-six degrees twenty-six minutes and fifty seconds East; thence Northwardly, along the Easterly side of said road ( and following the arc of said curve), two hundred and two and eight hundredths feet to a stake; and thence, still along the Easterly side of said x~ad, North forty-one degrees ten minutes and twenty seconds East eleven and ninety-eight hundredths feet to the place of beginning; containing two and twenty-one hundredths acres, PARCEL B BEGINNING at a stone monument set on the goutheastez ;ide of a ~oad forty feet wide, said monument being eleven hundred and twenty-eight feet West of a point which is seven hundred and seventy-seven and seventy-four hundredths feet North of another monument marking the U.S. Coast and Geodetic SurVey Tria~n~u~_ation Station "Chocomoant 2" (which said Chocomoumt 2 monument is located on the summit of the highest hill on Fishers Island, N.Y. about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minutes and fomty-six second. East of North Dumpling LlghS in Fishers Island Sound); and running thence South fifty degrees one minute and twenty seconds East one hundred and seventy-six and fifty-seven hundredths feet to a stake; thence South forty degrees and forty-three minutes West one hundred and two and ninety-six hundredths feet to a stake; thence South eleven degrees minutes and fifty seconds Nest one hundred and eighty-six arid f~rtyq~u~tredt-~r~--t~.a~-~ta/ce;~t~ce No~h~ degrees fifty-seven minutes and thirty~conds - 22 - hundred and thirty-seven and eighteen hundredths feet to a stake set on the Southeasterly side of said road; thence, alon~ the Southeasserly side of said road, North forty-one degrees ten minutes and twenty seconds East two hundred and fifty and ninety-three hundredths feet to a stake marking a point of curve to the right whose radius is three hundred and seventeen and fifty-five hundredths fees and the dlrectio of whose radius at that point is South forty-eight degrees forty-nine minutes and forty seconds East; thence Northeast- wardly, still along the Southeasterly side of said road (and following the arc of said curve), one hundred and forty-five and thirty-five hundredths feet to a stake marking a point of curve to the right whose radius is three hundred and seven- ~een and fifty-five hundredths feet and the direction Of whost radius a~ that point is South twenty-two degrees thirty-six minutes and ten seconds East; thence Northeastwardly, still along the Southeasterly side of said road (and following the are of said curve), rwenty-snree and fifty-five hundredths feet ~o a stake; and thence, still along the Southeasterly side of said road, North seven~y-one degrees t~lrty-eight minutes and fifty seconds East five and fifty-five hundredths feet to the place of beginning; containing two acres, more or less. PARCEL C BEGINNING at a stone monument set on the Southeast- erly side of a road forty feet wide, said monument being eleven hundred and twenty-eight feet West of a point which is seven hundred and seventy-seven and seventy-four hundredths feet North of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station 'Chocomount 2" (which said "Choeomoun~ 2" monument is located on the summit of the highest hill on Fishers Island, N.Y. about ~wo and one- quarter miles West of the Eastern end of Fishers Island and lies $outa seventy-nine degrees ~wenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence,along the Southeasterly side of said road, North seventy-one degrees thirty-eight minutes and fifty seconds East one hundred and nineteen feet to a stake marking a point of curve to the left whose radius is three hundred and eighty-nine and twenty-nine hundredths feet and the direction of whose radius at that point is North eighteen degrees twenty-one minutes and ten seconds West; thence N~rtheastwardly, along .the Southeasterly side of said road (and following the arc of said curve), two hundred and forty and eight hundredths feet to a stake; thence, still along the Southeasterly side of said road, North thirty-six degrees eighteen minutes and forty seconds East sixteen feet to a stake; thence South sixty degrees twenty-seven minutes and forty seconds East one hundred and eighty-six and eighty- nine hundredths feet to a stake; thence South nine degrees thirty minutes and twenty seconds East three hundred and seventy-four and sixty-two hundredths feet to a stake; thence South sixty-seven degrees and fifty-four minutes West one hundred and eighty-six and fifty-seven hundredths feet to a stake; thence North forty-five degrees and six minutes West three hundred and twenty-four and forty-six hundredths feet to a stake; and thence North fifty degrees one minute and twenty seconds West one hundred and seventy-six and fifty- seven hundredths feet to the place of beginning; containing three and fifty hundredths acres, more or less. c :302 - 23- PARCEL D BEGINNING at a stone monument set on the ~asterly side of a road forty feet wide, said monument being eight hundred and forty-seven and eight-hundredths feet West of a point which is one hundred and seventy and sixty-two hundredths feet North of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount (which said "Chocomounc 2'~ monument is located on the summit of the highest hill on Fishers Island, N.Y. about two and 0ne~ quarter miles West of the Eastern end of Fishers Island and lies Sou~h seventy-nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and r~nning thence North sixty-eight degrees fifty-six minutes and twenty seconds West twenty feet to a stake; thence North twenty-one degrees forty-six minutes and forty seconds East two hundred and seventy-seven and twenty- six hundredths feet to a stake; thence North sixty-seven degrees and fifsy-four minutes East one hundred and eighty- six and fifty-seven hundredths feet to a stake; thence South forty-three degrees nine minutes and twenty seconds East hundred and twenty-eight and fifty-one hundredths feet to a stake; thence South forty-four degrees and forty-eight minutes East one hundred and forty-four and seventy-nine hundredths feet to a stake; thence South fifty-four minutes and forty seconds West two hundred and sixty-eight and eighty. three hundredths feet to a stake; thence South eighty-nine degrees thirty-six minutes and twenty seconds West one r hundred and sixty-five and sixty-two hundredths feet to a stake; and thence North sixty-four degrees thirty-five minut~ and fifty seconds West three hundred and six and eighty- hundredths feet to the place of beginning; containing three and forty-six hundredths acres, more or less. PARCEL E BEUINNING at a stone monument set on the Easterly side of a road forty feet wide, said monument being eight hundred and forty-seven and eight-hundredths feet West of a point which is one hundred and seventy and sixty~two hundredt~ feet North of another monument marking the U.S. Coast and Oeodetic Survey Triangulation Station "Chooomou~lt ~" (which said "Chocomount 2" monumen~ is located on the summit of the highest hill on Fishers Island, N.Y. about two and one- quarter miles West of the Eastern end of Fishers Island and lies South seven~y-nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence South sixty-four degrees thirty-five ~nutes and fifty seconds East three hundred and six and eighty-hundredths feet to a stake; thence Sout~ ~wenty-four degrees fifty-six minutes and ten seconds West ~wo hundred and sixty-four and twenty-seven hundredths feet ~o a stake; thence North eighty-six degrees fifty minutes and fifty seconds West swo hundred and thirty-one and eighty-hundredths feet to a stake; thence North thirty-nine degrees fifty-three minutes and thirty seconds West one hun- dred and eight and eighty-hundredths feet to a stake se~ on the Easterly side of said road; thence Northwardly, along the Easterly side of said road (and following the arc of s curve $o the left whose radius is two hundred and thirty-nine · and~f~J~h~hundred~hs ~eet-and the direction 0~hose~ radius at that point is North~]'orty-o~e degrees nih~ :~lnu~es and twenty seconds West), one hundred and sixteen and hundredths feet to a stake; and thence, still along the East- erly side of said road, North twenty-one degrees three minute and forty seconds East one hundred and ninety-three and seventy-hundredths Feet to the place of beginning; containing two and seventeen-hundredths acres, more or less. PARCEL F BEGINNING at a stone menument set on the Northerly side of a road forty feet wide, said monument being five hundred and sixty-one and thirteen-hundredths feet South of a point which is eleven hundred and sixteen and twenty-three hundredths feet West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount R" monument is located on the su~mit of the nighest nill on Fishers Island, N.Y. about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degreee twenty-nine minute and forty-six seconds East of North D~mpling Light in Fishers Island Sound); and running thence North six degrees twenty- three minutes and thirty seconds East four hundred and ten forty-hundredths feet to a stake set on the Southerly side of another road forty feet wide; thence Eastwardly, along the Southerly side of said road (and following the arc of a curve to the left whose radius is two hundred and thirty-nine and forty-eight hundredths feet and the direction of whose radiu at that point is North sixteen degrees fifty-three minutes thirty seconds West)~ twenty feet to a stake marking a point of curve to the left whose radius is two hundred and thirty- nine and forty-eight hundredths feet and the direction of whose radius at that point is North twenty-one degrees forty minutes and thirty seconds West; thence Eastwardly, still along the Southerly side of said road (and following the arc of said curve), eighty-one and forty-two hundredths feet to a stake; thence Soath thirty-nine degrees fifty-three minutes and tnirty seconds East one hundred and eight and eighty- hundredths feet to a stake; thence South eighty-six degrees fifty minutes and fifty seconds East two hundred and thirty- one and ~ighty-hundredths feet to a stake; thence North twenty-four degrees fifty-six minutes and ten seconds East seventy five feet to a stake; thence South fifty-four degrees tnirty-elght minutes and tnirty seconds East six hundred and forty-five and Fourteen-hundredths feet to a stake; thence South forty-seven minutes and twenty seconds East one hundred and fifty-six and thirteen-hundredths feet to a stake set on the Northerly side of the road first above mentioned; thence, a!ong the Northerly side of said road, North eighty- four degrees twelve minubes and twenty seconds West nine hundred and seventy-seven and ninety-one hundredths feet to a stake~ and thence, still along the Northerly side of said road, North eighty-Four degrees twelve minutes and twenty seconds West twenty-two feet to the place of beginning; containing eight and six-hundredths acres, more or less. PARCEL G BEGIRRfING at a stone monument set on the Northerly side of a road forty feet wide, said monument being eleven hundred and sixteen and twenty-three hundredths feet Nest of a point which is five hundred and sixty-one and thirteen- hundredths feet South of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomoumt 2" monument is located on the - 25 - summit of the highest hill on Fishers Island, N.Y. about two and one-quarter miles ~est of the Eastern end of Elshers Island and lies Southseventy-nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence, along the Northerly side of said road, North eighty-four degrees twelve minutes and twenty seconds West one hundred and sixty-three and t~n-~undredths feet to a stake marking a point of curve to the right whose radius is five hundred and twenty-three and twenty-five hundredths feet and the direction of whose radius at that point is North five degrees forty-seven minutes and forty seconds East; thence Westwardly, still along the Northerly side of said road (and following the arc of said curve), two hundred and forty and thirty-four hundredths feet to a stake; thence, still along the Northerly side of said road, North fifty-seven degrees fifty-three minutes and twenty seconds West one hundred and fifty-eight and seven-hundredths feet to a stake marking a point of curve to the right whose radius is ninety-one and fifty-hundredths feet and the direction of whose radius at that point is North thirty-two degrees six minutes and forty seconds East; thence Northeastwardly, still along the Northerly side of said road (and following the arc of said cuz~e), one hundred and twenty-nine and fifty-four hundredths feet to a s~ake set at the intersection of said road with the Southeasterly side of another road forty feet wide; thence Northeastwardly, along the Southeasterly side of said road (and following the arc of a curve to the right whose r~dius is one hundred and twenty-five and fourteen-hundredths feet and the directioa of whose radius ~t that point is South sixty-six degrees forty-sd minutes and twenty seconds East), one hundred and fifteen and seventy-three hundredths feet to a stake; thence, along the Southerly side of said road, North seventy-six degrees twelve minutes and fifty seconds East ninety-two and seventy- hundredths feet to a stake markinga point of curve to the right whose radius is six hundred and sixty-six and twenty- one hundredths feet and the direction of whose radius at that point is South thirteen degrees forty-seven minutes and ten seconds East; thence Eastwardly, still along the Southerl side of said road (and following the arc of said curve), one hundred and eighty-seven and forty-three hundredths feet to a stake; thence, still along the Southerly side of said road, South eighty-seven degrees and forty minutes East one hundred and sixty-~wo and ~hir~y-four hundredths feet to a stake mark- ing a point of curve to the left whose radius is two hundred and thirty-nine and forty-eight hundredths feet and the direction of whose radius at that point is North two degrees and twentyminutes East; thence Eastwardly, still alongthe Southerly side of said road (and following the arc of said curve), eightyand thirty-five hundredths feet to a stake; and thence South six degrees twenty-three minutes and thirty seconds West four hundred and ten and forty-hundredths feet to the place of beginning; containing four and thirty-two hundredths acres, more or less. TOGETHER with all right, title and interest of the party of the first part in and to all easements, rights-of- way and rights and privileges whatsoever conveyed in and by said deed or appurtenant ~o the premises above described. --..-~G_T~ SAME P~SES c~o~E?~dto said Walter Kuelper by deed m~n~yl~nd Bbnbri~ht, ~J~.,~ ...... Eleanor B. Thatcher ~nd Elizabeth M..Bonbright~ d~ted January 12, 1949 and recorded in said Clerk's Office on February ll, 1949 in Liber 2921 of Deeds, page 415. THIPJ) PARCEL ALL that certain piece or parcel of land situate, lying and being at Fishers Island in the Town of Southold, Coun~of Suffolk, State of New York, conveyed by Charles Lockhart to the par~y of the first par~ for road purposes by deed dated October 4, 1955 and recorded in said Clerk's Office on October 7, 1955 in Liber 3990 of Deeds, page 41, being bounded and described, as follows: Beginning ae a stone monument on the Southeasterly line of a z~adway forty feet in width at the Northeasterly corner of land, now or formerly of Charles Lockhardt, said point being twenty-three hundred sixty-four andsixty-one hundredths feet North of s point which is twenty-two hundred forty-six and fifty-four hundredths feet Eas~ of another monument marking the U.S. Coas~and 0eodetic Survey Triangu- lation Station "EAST END ~" (which said "EAST END 2" monu- ment is located on the summit of the highest hill East of East Harbor on Fishers Island, N.Y. and lies South 00 degrees 54 minutes West of Latimer Reef Light in Fishers Island Sound); and thence running along said road line South 32 degrees 09 minutes 50 seconds West thirty and no hundredtk feet; thence North 51 degrees 36 minutes East thirty-six and thirty-seven hundredths fee~; and thence North 41 degrees 27 minutes 40 seconds West ~en and no hundredths feet to the point of beginning; containing 0.004 acres, more or less. TOGETHER with the appurtenances and all the estate and rights of the par~y of the firs~ part in and ~o said FOURTH PARCEL ALL bha~ certain piece or parcel of land situate, lying and being a~ Fishers Island in the Town of Southold, County of Suffolk, State of New York, conveyed by Onolee M. McDonell ~o the party of the first part for road purposes by deed dated September 24, 1955 and recorded in said Clerk'~ Office on October 7, 1955 in Liber 3990 of Deeds, page 39, being bounded and described, as follows: Beginning a~ a s~one monument on the Southeasterly line of a roadway forty feet in width at the Northwesterly corner of land, no~ or formerly of Onolee M. McDonell, said point being twenty-three hundred sixty-four and sixty-one hundredths feet North of a point which is twenty-two hundred forty-six and fifty-four hundredths feet East of another monumen~ marking the U.S. Coast and Geodetic Survey Triangu- lation Station "EAST END 2" (which said "EAST END 2" monu- ~n3 is located on the summit of the highes~ hill East of Eas rsor on Fishers Island, N.Y. and lies South 00 degrees 54 minutes West of Latimer Reef Light in Fishers Island Sound); and thence m~n~ing along said road line North 32 degrees 09 minutes 50 seconds East eight and eighty-two hundredths feet ~o a point of curve to the right whose radius is sixty-seven five hundredths feet and the direction of whose radius a~ that point is North 57 degrees 50 minutes l0 seconds West; thence along said road line on the arc of said curve a distance of seventy-seven and thirty hundredths feet; thence ~d South 54 degrees 4R minutes East seventy-eight hundredths feet; and thence North 41 degrees 27 minutes 40 seconds West ten and no hundredths feet ~o the point of begin, ning; containing 0.017 acres, more or less. TOGETHER with the appurtenances and all the estate and rights of the party of the first part ln and to said FIFTH pARCEL ALL those certain pieces or parcels of land situate lying and being at Fishers Island in the Town of Southold, County of Suffolk, State of New York, conveyed by Alfred L. Ferguson and Marion B. Ferguson to the party o£ the First part by deed dated March 5, 1962 and recorded in said Clerk's Office on September 17, 1962 in Liber 5231 of Deeds, page 564 being hounded and described, as follows: PARCEL A Beginning a~ a drill hole in a boulder on the Northerly side of a road said drill hole being twelve hundrs sixty and twenty-six hundredths £ee~ South of a point which is twenty-five hundred sixty-five ~nd eighty-two huhdredths feet ;'lest of a monument marking the United States Coast and Geodetic Survey Triangulation Station "EAST END 2" (which said "EAST END 2" is located on the summtt of thehlghest hill East~of East Harbor. on Fishers Island, N.Y. and lies South 00 degrees 54 minutes West of Latimer Reef Light in Fishers Island Sound); and thence running North 17 degrees 59 minutes O0 seconds West one hundred one and fifty-nine hundredths feet to a monument; thence North 29 degrees 29 minutes O0 seconds East one hundred three and seventy-sim hundredths feet; thence South 6 degrees O1 minute 00 seconds West one hundred eighty-seven and ninety-nine hundredths fee to the point of beg~B~ug; containing 0.09 acres, more or le PARCEL B Beginning at a monument on the Northeasterly line of land of Fishers Island Estates, Inc., said monument being =es hundred eighty-five and ninety-one hundredths feet South of a point which is twenty-seven hundred ninety-eight ~ed ~ni.n.ety~-_t~ree hundredths fee~ West of a monument marking unm:ea s~ates Coast and Geodetic Survey Trlangu/atlon Station "EAST END 2" (which said "EAST END 2" is located on the summit of the highest hill East of East Harbor on Fishers Island, N.Y~ and lies South 00 degrees 5~ minutes West of Latimer Reef Light in Fishers Island Sound); and thence running North ~2~ degrees 49 minutes O0 seconds West thirty-~wo and fifty-six hundredths feet; thence South ~9 degrees 34 minutes 00 seconds East one hundred twenty-nine as thirty-four hundredths feet; thence Noi~h ~ degrees ~ minutes 00 seconds West ninety-eight an~ two tenths feet to the point of beginning; containing O.O1 acres, more or less. TOGETHER with, in respect o£ each such parcel, the appurtenances and all the estate and rights of the pa~ty of the first part in and to said premises. - 28- SIXTH PARCEL The easements, rights-of~way and rights and privi- leges whatsoever granted to the party of the first part by the indenture, dated Ju/y 24, 1962, made between Alfred L. Ferguson, Marion B. Ferguson, Fishers Island Estates, Inc. and Fishers Island Development Corp. as the par~y of the first pars thereto and Alfred L. Ferguson, ~rion B. Fergusoz Fishers Island Estates~ Inc. and Fishers Island Development Corp., as the party of the second part thereto, which indent- ure was recorded in said Clerk's Office on September 17, 1962 in Llber 5231 ofmDeeds, page 559, the land affected thereby being at Fishers Island, in the Town of Southold, County of Suffolk, State of New York, and being a twenty foot roadway extending Northwesterly from the Northerly line or side of a private road owned by Fishers Island Estates, Inc. and common. ly known as East End Road, the center line of said ~wenty foot roadwaybeing described as foliows: Beginning at a point on the Northerly line or side of a private road situate on Fishers Island, Town of Southold County of Suffolk and State of New York, said point being twelve hundred sixty and ~wenty-four hundredths feet South of a point which is ~wenty-six hundred five and gwen~y-cwo hundredths feet West of a monumen~ marFdng the United States Coast and Geodetic Survey Triangulation Station 'EAST END (which sald "F~tST END 2 is located on the summl~ of the highest hill East of East Harbor on Fishers Island, N.Y. and lies South O0 degrees 54 minutes West of Latimer Reef Light in Fishers Island Sound); and thence running North 46 degrees 09 minutes East one hundred ninety-two and ninety-nine hundredths feet; thence North ~l degrees ~5 minutes West eighty-nine and thirty-four hundredths feet; thence North 29 degrees 23 minutes West nineDy-six and sixty-nine hundredt feet; thence North 34 degrees 49 minutes West seven~y-nine and twelve hundredths feet~ thence North 2h degrees 20 minute West sixty-one and ninety-seven hundredths feet and thence North 18 degrees 3h minutes Wes~ one hundred seven~y-nine and thirty-one hundredths feet. S EIrEkWfH PARCEL All easements, rights, interests and p~lvileges whatsoever which the party of the first part has or may have in certain lands situate and being in that portion of Fishers Island in the Town of Southold, County of Suffolk, State of New York, lying Easterly of the line described under the firs~ tract of First Parcel, which lands are particularly described in the following deeds made by the party of the second part to purchasers, to which the party of the first part has consented in a writing sub-Joined to said deedS, and all rights and interests created by the covenants and restrictions contained in said deeds, said deeds being as follows: 1. Deed dated July 22, 1965 made to Lucille p. Balcom, recorded in the Office of the Clerk of Suffolk County on August ~, 2965 in Liber 5793 of Deeds, page 2. Deed dated December 21, 1965 made to Joan Bryan Gates, recorded in said Clerk's Office on December 2~ ~ 1965 in Liber 5884 of Deeds, page 24 . B- Deed dated January,B1, 1966 made to J.Herbert Ogden, recorded in said Clerk s Office on February 1#, 1966 in Liber 5911of Deeds, page ~ - EIGHTH PARCEL Ail the right, title and interest of the party ~f the first part of any and every nature whatsoever in and ~o all lands situate and being in the ~ortion of Fishers island in the Town of Southold, County of Suffolk, Stase of {ew York, lying Easterly of the line described under the first tract of First Parcel, excepting only as hereinbefore mentioned, it being intended hereby that the party of the second par~ shall acquire hereby all proper~y and all estate~ and interests in Droper~y owned by the party of the first par~ and ehal~ succeed ~c and become the successor in interest and assignee of all such property, estates and interests and of Fishers Island Corporation and Fishers Island Estates, Inc., in respect of ali rights and interests created by the covenants and restrictions contained in deeds made by Fishers Island Corporation and Fishers Island Estates, Inc. TO HAVE ANDT0 HOLD the premises and the inter- eels, estates and rights herein granted unto the grantee, FISHERS ISLAND DEVELOpMENT CORPORATION, its successors and assigns forever. AND the party of the first part, in compliance with Section lB of the Lien Law, covenants tha~ the party of the first par~ will receive the consideration for this cpnveyance and will hold the right to receive such consider- ation as a trust fund to be applied first for the purpose ef i the cost of the improvement and will apply the sams pay nE ~ ~* ~b~ cost of the improvement before first to the paymen~ ...... using any part of the total of the same for any other purpos~ This conveyance is made with the consent of the standing haree of capital etoe _o dul by the Board of Directors. IN WITNESS WHEHEOF, the party of the first part has duly executed this deed the day and Fear first above written. ATTEST: FISHERSISLAN~ ESTATES, INC. STATE OF NEW YORK : SS.: COUNTY OF NEW YORK ) On the ~ day of December, 1966, before me per- sonally came ROBERT MC NEAL SI.~ITH, To me known, who being by me duly sworn, did depose and say that he resides au 1~ East 80th Street, New York R1, New York; that he is Presiden~ of FISHERS ISLAND ESTATES, INC., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed Do said instrumen~ is such corporate seal; that it was so affixed by order of the Board of Directors of said corporati( and tha~ he signed his name thereto by like order. DEC 9 ]966 @ //.~- ,q~ NO~MAh E. KLIPP Clerk ~ $u~ Coun~ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR Jane M. Harris [2. P~OJECTNAME Lot Line Change for Jane M. The Henry L. Ferguson Museum, Inc. ~arrls, Henry L. Ferguson Museum, Inc. & Fishers %sland Development Corporation ~Fishers Island Development Corporation 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) (no #) private road off East End Road, Fishers Island, Town of Southold, County of Suffol (SCTM Nos. 1000 - 007.00 - 01.00 - 006.001 & 007.000 and 007.00 - 02.00 - p/o 010.000) 5. PROPOSED ACT[ON IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: reconveyance of portion of parcel containing portion of house and lawn appurtenant to adioining parcel to that Bdjolning parcel to r~ctifv error by former owner o[ subject parce% who was not aware such portion was integral to his residence; conveyance of portion of private road no longer needed for access to lot which has been maintaining lawn and garden on it 7. AMOUNT OF LAND AFFECTED: Initially 3 · 95 acres Ultimately 3.95 acres 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes ~--~No IfNo, describebriefly the parcel from which land will be transferred is alrea~y nonconforming under the Southold Town Zoning Code and so it will become even more nonconforming even though there will be an equal increase in the area of the abutter. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParldForest/Open Space [] Other Describe: R-120 Zone District (single family residential) under Southold Town Zoning Code 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTH~VEI~M~L AGENCY (FEDERAL, STATE OR LOCAL)? -- [] Yes--Ed No If Yes, list agency(s) name and permit/approvals: Town of Southold Board of Appeals Suffolk County Department of Health Services [] Yes [] No If Yes, list agency(s) name and permit/approvals: []Yes E~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanFsponsor name: Jane M. Harris; Henry Ferguson Museum; FZDC0 Date: 10/07/10 Bv Stephen L. Ham, III, authorized agent Signature: _~f",¢~,- ~"' l"~-'~,,~ , ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT ('r~e completed by Lead Agency) A ,~A. DO~-~ ACTION EXCEED ANY TYPE I TH~HOLD IN 6 NYCRR, PART 617.47 If yes, coor(~e the review process and use the FULL EAF. r~Yes [--]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negatiYe declaration may be superseded by another involved agency. [~Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefiy: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~[~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is su bstanfial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. Jf necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part [I was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this b0x if you have determ~hed, based on the information and analysis above and any s~pporting documerite(i0~, that the proposed actJ0n WiLL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer MEMORANDUM To: Accounting From: Planning Department Date: November 5, 2010 Re: Checks The Lot Line change application listed below has been accepted by the Planning Board; therefore the check may be processed to revenue. Thankyou. Applicant/P~oject Name & Tax Map Amount Check Type # Date/No. 7-1-6.1& 7& p/o Harris-Ferguson Museum/FIDCO 7-2-10 $500.00 10/8/10 -#3518 LR PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Accounting From: Planning Department Date: October 8, 2010 Re: Payments Attached are the checks listed below. Fees am for applications not yet accepted by the Planning Board, Payments are for deposit into a deferred account. Applicont/P~oject Nome & Type Tax Mop # Amount Check Dote/No. Cutchogue/New Suffolk Historical Council SP 109-5~6.1 $566.00: 8/2/10 - #1567 Harris-Ferguson Museum/FIDCO - Lot 7-1-6.1& 7 & plo $500.00 10/8/10 - #3518 Line Change 7-2-10 Encs. LR ~ILASER FICHE FORM SUBDIVISIONS ProiectType: Lot Line Changes Status: Final Approval SCTM #: 1000 - 7.-1-6.1 Proiect Name: FIDCO/Fer,quson Museum/Harris Location: (no #) private road off of East End Road, Fishers Island Hamlet: Fishers Island Applicant Name: FIDCO, Henry Fer.quson Museum, Jane Harris Owner Name: Fishers Island Development Corp. Zone 1: R-120 Approval Date: 6/13/2011 PLAT Signed Date: ~/1~/1/ OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's · Homeowners Association · R and M Agreement: Address: County Filing Date: Zone 3: SCAN Date: SCANNED Records Management ~ '3NOZ 0Z~-S N' a3lV0Oq SI 3ils ('Z ~I t '/ ~.Zz ~ ~ o*i]ao]o aNY ISVOO 's'n ~o~ a~ns~ ~v S]ONViSia aiVNla~ooo ('~ ~oZ Z -- 01 033UOV a3sodand 3HI ONOA38 3sn 3HI dO NOISN31X3 ANV 'NO3a3H S' ~ ~ ~ 031VOIONI 3gOd,fid 0NV S311~Vd 3H1 ~Od 03~Vd3~d SVM A3A~RS SIHi ('~ ~ ,.~ ~ / / , ~_~ ZN~nNO~- ~ '~NI'~S3Sn~ NOSDOH33 'gAHN3H