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Southold, N.Y. 11971
(516) 765-1938
September ,l, 1987
'Mr. Thomas T. McVann, Jr. .
P.O. Box 827
Westhampton, _�Beach, NY 11978
RE: Adams/O'Brien Property
Lot line change at Fishers Island
Dear Mr. McVann:
Please let this confirm the following action taken by
the Southold Town Planning Board,::.Monday, August 24, 1987.
RESOLVED that the Southold Town Planning Board approve
teh lot line change of plan made...for Francis Fiske Adams,
Jr. located at Fishers Island, survey dated as revised May
29.; 1987 , subject to: . .
Covenants and Restrictions filed with-,the office of the
County Clerk stating that lots no. 1 and 2 will be sold
as one unit, even upon the completion of dwelling units.
Would you please forward a draft copy of the covenants
and restrictions to our office for review by_.the . Town Attorney
prior to filing same with:-the County Clerk' s office.
if"yot have dh" questions,. please don' t hesitate to
contact our office.
Very truly yours,
I BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
Thomas T. McVann, Jr,
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
October 30, 1987
Planning Board
Town of Southold
Main Road
Southold, New York 11971
Re: Adams/O'Brien Property
Dear Ms . Schultze:
Please find enclosed the certified copy of the
declarations which have been recorded in regard to the
above encaptioned matter, as per the request of the
Planning Board.
With every kind regard, I am
Cordially o rs,
THOMAS T: McVANN,JR.
TTM:bjm
Encl .
cc: Building and Zoning
cc: Southold Town Attorney
u i l" U,r,� i,5 HARD
DATE'-
FOL
�c A-
TO ;SO41iU' i L D
S y
Southold, N.Y. 11971
(516) 765-1938
September 10,. 1987
Frank Yakaboski.
Attorney at Law .
456 Griffing Avenue
Riverhead, New York 11901.-
Re: Adams/O'Brien
'Lot-Line Change
Fishers- Island 1000-3-3-3
Dear Mr. Yakaboski:
Enclosed is a copy of ,the proposed-covenants.and restrictions for
the above mentioned application. .The covenants were requested as a condition
of the approval.
Would you please review .them and advise us' if they are in order.
Thank you for your .assistance in' this'matter.
Very truly yours,
I nc L & ,O `,
BENNETT ORLOWSKI, JR. CHAIRMAN
� .SOUTHOLD .TOWN PLANNING BOARD
enc.
DECLARATION
THIS DECLARATION made this day of 1987, by
Denis O'Brien, residing at 26 Cadogan Square, London Southwest, IXOJP,
England , hereinafter referred to as the Declarant,
WHEREAS, the Declarant is the owner of certain real property situate
at Fishers Island, Town of Southold, Suffolk County, New York, designated
as DISTRICT 1000; ST^=ON 3; BLOCK 3; LOTS 3.002, 3.003; and
I
WHEREAS, the Declarant has made application to the Southold Town
Planning Board for approval of a lot line change; and
WHEREAS, for and in consideration of the granting of said approval, the
Town of Southold has required that the within covenants and restrictions
be imposed and as a condition of said approval he Planning Board has re-
quired that the within Declaration be recorded in the Suffolk County Clerk's
Office.
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the Declarant, for the purpose of carrying out the intentions above
expressed, does hereby make known , acliiit, publich, covenant and agree that
the said premises shall hereinafter be subject,to the following covenant:
That lots no. 1 and 2 (subject premises) will be sold as one unit,
even upon completion of dwelling units.
TN WITNESS WHEREOF, the Declarant above named has executed the fore-
going Declaration the day and year first above written .
DENIS O'BRIEN
OTATE OF )
SS..
COUNTY OF )
On the day of 1987, before me personally came
DENIS O'BRIEN , to me known and known to me to be the individual described
in and who executed the foregoing instrument, and acknowledged that he
executed same.
NOTARY PUBLIC
RECEIVE® BY
SOUTHOLD TOWN PLANNING BOARD
S E P 9 1987
DATE
Thomas T, McVann, Jr.
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
September 8, 1987
Planning Board
Town of Southold
Southold, New York 11971
Attention: Diane M. Schultze
Re: Adams/O'Brien Property
Lot Line change at Fishers Island
Dear Ms . Schultze:
Please find enclosed the proposed covenants and
restrictions which I would ask you to submit to the
Town Attorney for review. If everything is in order
-lease advise this office and I will have the original
signed by Mr. O' Brien and recorded.
With every. kind regard, I am
CEL%W4"
ally yours,
^A
THOMAS T. 1*cVANN, JR.
TTM:bjm
Encl .
RECEIVED
SUUTHQLO TOWN HLA11ni'U HpARV
SEP 9 1.997
DATE
RECEIVE® BY
S01 D ION4�pIG,BOARD
�U U !y�r
DATE
FISHERS ISLAND DEVELOPMENT CORPORATION
August 18, 1987
1
Town of Southold Planning Board .
Gentlemen:
Since my letter of August M',. 1987 with regard to Mr. O'Brien's
proposed plot division on Fishers Island, I have met with him to
better understand the situation.
My present understanding is that Mr. O'Brien is planning to
build two houses ( a main residence and a live-in garage) on six
acres. His request for a lot line change is based on the siting
concerns and the need to keep the two dwellings on separate building
lots, as I believe Suffolk County requires.
Mr. O'Brien has stated to me, and I believe to the Planning
Board, that he will only sell these two lots as a unit, and thus
they can be considered a single housing element.
Based on this information, FIDCO has no objections to Mr.
O'Brien's proposed plan.
Sincerely, ,
l/
William C. Ridgway
President
cc: D. O'Brien
TEL. 765-1802
��S�FF��IpG TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
v' AnTOWN HALL
SOUTHOLD, N.Y. 11971
August 10, 1987
TO: Bennett Orlowski
Chairman Plannin,,g� Board
FROM: Victor Lessard &
Executive Admin.
SUBJECT: O'Brien project
Fishers Island 1000-03-03-03
Researching this project I find the following con-
ditions and have stopped the activity until such time as these
conditions are resolved to the satisfaction of the town.
I-- Application was submitted under the presumption
that the pending subdivision would be approved.
27- Property has been cleared to bluff with pos-
sible violations.
3-- There is only one permit (now stopped) with
future proposals for a swimming pool; tennis
court and a dwelling on the vacant lot that
is adjacent.
STEPS REQUIRED:
I— Both Southold Town trustees and Zoning Board of
Appeals will have to inspect property, to see if
any violations under Sections 100-119.2 & 97-13
have been committed.
2-- The Planning Board should continue addressing
the revised sub-division as applied for; but the
present condition should have no bearing on the
Planning Boards decision.
3-- Should the Planning Board decide to leave the
sub-division in it's present form, then the
resulting conditions will have to be addressed.
(a) If building, presently started, is not
Bennett Orlowski August 10, 1987
Page 2
removed and put in it's proper set-backs; then
the present approved sub-division will revert to
a two lot instead of a three lot minor. Any
future activity, as presently proposed as future,
will have to be re-evaluated.
VGL:hdv
c.c
Board of Appeals
Trustees
RECE;.VEv bi
5u �ii ri1i9 7R�b
Fishers Island Development Corporation
DATE Fishers Island,NY 06390
William C.Ridgway,III Richard S.Baker
President Manager
August 10, 1987
Town of Southold Planning Board
Gentlemen:
I would like to state the Fishers Island Development
Corporation's (FIDCO) position with regard to. redrawing the
lines of the O'Brien property on ,Fishers Island.
FIDCO believes that the Olmsted plan should be the guiding
document for the east end of Fishers Island and has been working
with the Township and the County toward this end. FIDCO further
believes that any changes to the Olmsted plan should conform
to the 3 acre zoning in the proposed Southold Township Master
Plan, or should be such that the number of potential building
lots is reduced. My understanding is that neither of these
are accomplished by the proposed changes.
Therefore, regardless of Mr. O'Brien's lawyer's statement
to the contrary, FIDCO does not favor this change if it will
result in creating an undersized building lot.
Sincerely,
P
C f��
William C. Ridgway
President
WCR/mw
August 10, 1987
Town of Southold Planning Board
Town Hall
Southold, NY 11971
Gentlemen:
I would like to state. what Fishers Island Development-Corp. (FIDCO)
believes with regafd::to redrawing the lines of the .O'brien property
on Fishers Island.
FIDCO believes that the Olmstead Plan should be the defining
document for the East End of Fishers Island and has beerLworking
with the Townspeople and the County toward this end.
FIDCO further believes that any changes to the Olmstead Plan should
conform to the three acre zoning in the proposed Southold Town Master
Plan or should be such that the number of potential building lots is
reduced.
My understanding is that neither of these areaccomplished by
the proposed change, therefore, regardless of Mr. O'brien's lawyers
statement to the contrary, FIDCO does not favor this change for it
will result in creating an undersized lot.
Sincerely
William C. Ridgeway
President
Didtated to the Planning Board Secretary by Mr. Ken Edwards on
August 10, 1987
August , 7, 1987
R_C1 E4 °
-Mr: Bennett 0rlows.ki, Chairman. SCUrt � Iv,.,;
Southold Town- Planning Board AUG, I -
T own Hall .
Southold , New -Yorke 1-1971_ .
snrA.
. Dear Benny:
I -have, just received a, copy of .the- letter written to the''
board dated 7-28-87* from .Thomas T: McVann Jr. attorney for
Adams-O'Brien property Pierre on '-Fishers •Island In response, to
the request that I -should :disqualify myself from this .case
because. 'a member, of. my family had litigation'; against 'Mr.: O'Brien.
-This litigation',was settled over three years 'ago and. it was my
son; not myself.
Mr.: Mc- Vann . suggests .that ' Ihave delayed this lot line
change :because of ,personal-vindictiveness and pettiness . I`
did -not- attend, the meeting -of July 6 , '1987 because "I was not
feeling well. I will not ;be attending the mee-ting of August
1-O; b@cause .of a prior commitment-. " But my attendance. record at
planning board meetings, in the past- .'speaks for -itself.
Since .becoming. a member of- the. board, I have always. worked
with 'ahy applicant who has :asked me' .':-for -help. Ih ,,this, case , Mr.
0'Brien nor Mr. McVann .have' contacted'::,me to discuss this appli-
cation:
Because of apperant '�feelih,gs ' that I am the reason `for the'
.board not .granting this :lot..l;ine change -and% .that. I have. a personal
windict v eness- against. Mr: 0,'Brien I am obstaining from any
action on this application:
A field inspection of this, site has been :made by Richie
Latham, :Bill Mullen, and Jim Bryer; they board has -'the' information' -- .
needed t,o make a proper. determination oh,.this lot line change
: Sincerely,.
Ken.ne th- L.. Edwards
FILE COPS r Nor so�� D
1
"r'_?` P"
'LD
V s3LJia. r..�a'2�'h21`�;
Southold, N.Y. 11971
(516) 765-1938
August 3, 1987
Mr. Victor Lessard
Executive Administrator
Building Department
Town Hall -
Southold, NY 11971 _-
Re: Francis F. Adams
O'.brien at Fishers Island
SCTM # 1000-3-3-3.
Dear Mr. Lessard:
Would you please-let us know if a building-. permit exists
for the above mentioned property
If you have any questions, please don' t hesitate to
contact our office.
Very truly yours ,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
RECE!°f ED BY
Thomas T, McVann, Jr. Maau ����,;
Attorney at Low
T ~Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
July 28, 1987 -"
Southold Town Planning Board
53095 Main Road
Southold, New York 11971
Re: !Adams%Oz 'Brien_ propert
Fishers_ Island
LYot_-Lin.e_Changel
Meeting of July 27 , 1987
Gentlemen:
This letter is being written in response to the
questions raised by Kenneth Edwards at the .encaptioned
meeting.
First - My client, Mr. o' Brien has no intention
whatsoever of donating the third lot to the Town or any-
one else and considers the raising of that question,
within the confines of his application for a lot line
change to which he is entitled by law, as grossly improper.
Second - I should like to reiterate what I said to
the Board in my letter of June 18, 1987 , and in person
last evening, that the configuration as proposed, which
requires the lot line change under discussion, has been
reviewed by the Department of Environmental Conservation,
the Suffolk County Department of Health Services, the
Southold Town Building Department, Mr. O'Brien' s architects
and engineers, myself and the Fishers Island Development
Corp and the mutual conclusion which has been reached is
that the configuration as proposed in the best possible
for all concerned. The Fishers Island Development Corp
in particular, is very pleased with the plan.
Third - The plan as developed with the proposed
lot line change complies totally with the spirit of the
master plan for Fishers Island, which envisions the
possibility of three acre zoning on the East End, because
it will result in two single family dwellings on six acres
no matter where the lot lines fall and it will provide
housing for year round Fishers Island personages of the
Steven Walters family.
Fourth - The project complies totally with current
Southold Town zoning law and requires no variances and
tA�
Thomas T, McVann, Jr,
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
Southold Town Planning Board
Re: Adams/O'Brien Property
Meeting July 27 , 1987
Page - 2 -
complies totally with the Olmstead plan in that the
total property is developed with three homesites.
Fifth - Mr. Edwards should not even be participating
in the discussions, as members of his family have been
litigants against Mr. O'Brien and Mr. Edwards should have
disqualified himself. It has also been brought to my
attention that this matter was delayed by Mr. Edwards'
non-attendance at the July 6th meeting, claiming sickness,
when in fact was seen at a softball game at 6: 30 p.m.
that same day and was apparently healthy.
Mr. O' Brien feels that Mr. Edwards ' actions
here are motivated by personal vindictiveness and petti-
ness .
Sixth - The construction of the O'Brien house has
begun pursuant to the Building Permit. I would like to
point out to the Board that substantial sums of money
have been committed and spent in order to maintain the
construction schedule, including but not limited to a
mortgage closing with European American Bank, involving
substantial costs and interest, substantial payments to
architects, engineers and construction firms and laborers,
substantial fees paid to consulting experts with regard
to DEC and health department requirements .
If the Board or the Town of Southold take any action
to jeopardize this project, they do so at their own peril .
There is no vaild reason to have delayed the lot line
change application and there lies within neither Mr. Edwards
nor the Board in toto the power legally to deny the ap-
plication.
I would hope that this letter will serve to clear
the air and stimulate a legal and honest determination of
this application at the next meeting.
With every kind rrMAST.
s,
NN,JR.
TTM:bjm
Thomas T, McVann, Jr,
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
July 31, 1987
Southold Town Planning Board
53095 Main Road
Southold, New York 11971
Re: iAdams./_O_'Brien-P-rope-rty
Fishers Island—=_
Lot Line Change
Gentlemen:
This is intended to be an addendum to my letter
of July 28, 1987 , because it has been brought to my
attention that Mr. Edwards is making public statements
that Mr. O'Brien, "keeps moving the lot line around" .
I am sure the Board will realize from a review of its
own records with regard to the piece, that this is
Mr. O' Brien' s first and only application with regard to
changing lot lines on this 9+ acre piece.
The first lot line change was proposed by the
Adams for the purpose of organizing the property into
three homesites of a saleable nature, with road access.
The second change was made at the request of Mr. Edward' s,
and agreed to by Mr. Adams, to straighten out
a lot line which Mr. Edwards felt should be straightened.
This application which results in a totally con-
forming situation is Mr. O' Brien' s only request to the
Planning Board or any other Town Board. He has required
no variances, special exceptions or zoning ch es.
With every kind regard am
ordi lly yourN,JR.
Grc Gc�
THO AS T. McVRECEIVE
SOUTNGLD TOWN Pl��f BOARD
TTM:bjm AUG
DATE
04
RECE;VE�j; SY
Thomas T, McVann, Jr. 'SOUTHOLD ;L,, ��s,rGul Br7ARA
Attorney at Law 1
DATE - st Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
June 18, 1987
Southold Town Planning Board
53095 Main Road
Southold, New York 11971
Re: Adams Property
Fishers Island
Lot Line Change
Meeting June 15, 1987
Gentlemen:
I would like to thank you for your courtesy in
permiting me to make an application before the Board
on Monday last with regard to the above described
lot line change. Upon reflection, it occurs to me that
the questions raised by Mr. Edwards require further
explanation by me in order to convey a clear picture
of the situation.
As you may recall, by the time my application
was reached the hour was late and I apologize for not
answering Mr. Edwards ' questions fully and thank you
for cAllowing me to address them in this letter.
Mr. Denis O'Brien, the contract vendee for the
property in December, 1986, when the current lot lines
were established, is now proposing a specific location
for his residence and a specific location for a second
residence (identified on the enclosed architects site
plan) . The O' Brien' s and their architects, taking into
consideration all of the complex--factors, involved in
siting buildings on vacant land, in consultation with
land use planners, environmental experts, the New York
State Department of Environmental Conservation and my-
self, chose the shown locations for the main residence
and the carriage house. The main residence located
78 feet behind the high water mark on the lot indentified
as Lot #2 will be occupied by Mr. O'Brien and his family.
The carriage house located on the lot identified as Lot #1
will be occupied by Mr. Steve Walters and his family,
who will be permanently in ressdence on the property, unlike
Thomas T, McVann, Jr,
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
Southold Town Planning Board
Re: Adams Property - Fishers Island
June 18, 1987
Page - 2 -
Mr. O' Brien who travels. extensively.
It had been suggested by some of the planners that
Lot #1 and Lot #2 be combined to create one six acre lot
with both the main residence and the carriage house
rather than moving the lot line as herein proposed. I
advised against this because it would require requesting
a variance allowing the placement of two principal resi-
dences on one lot in contravention to the Southold Zoning
Law. I suggested to Mr. O'Brien and the land planners that
every effort should be made to comply with the Southold
Zoning Law so the finished project was complied to the
law. The lot lines as currently proposed and location of
structures, as currently proposed, creates a property
which conforms entirely to the Southold Zoning Law.
I was unaware of the master plan proposing the
minimum of three acre lots for the east end of Fishers
Island until Mr. Edwards brought it up at the meeting.
I honestly believe that the lot lines as proposed for
this project will result in a land use which is entirely
consistent with the master plan while conforming to pre-
sent zoning because the total area of Lots 1 and 2 is about
six acres and on six acres there will be two principal
residences. Visually, environmentally and practically
the effect is the same with the lot lines as proposed, as
it would be with some other lot line configuration. It
would probably be possible to increase the area of Lot
#1 and decrease the area of Lot #2 by adding an angle
to the lot line which is involved in the proposed change;
however, I have been told by Mr. Edwards and conformed to
his request , that the Board preferred straight lot lines.
I suggest that the practical effect remains the same - two
principal residences occupying six acres.
Since Mr. Edwards ;pointed; out the existence of the
master plan covering the east end of Fishers Island, I
have learned that along with calling for three acre lots,
Thomas T, McVann, Jr.
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
Southold Town Planning Board
Re: Adams Property - Fishers Island
June 18, 1987.
Page - 3 -
that the master plan hopes to establish permanent housing
for Fishers Island residents. I suggest and believe that
Mr. O' Brien' s plan provides a permanent residence for
Steve and Debra Walters and their family, who are per-
manent Fishers Island residents . Debra Walters is a
school teacher on Fishers Island and they have one child
enrolled in the Fishers Island school . I believe that
the current proposal not only complies .fully with cur-
rent Southold Zoning Law, but also :`w .th tlie.'.sp.irit.-of---t.he
master plan.
If the Board were to request it, I am quite sure
that Mr. O' Brien would not seek further subdivision of
Lot #2 because it was never his intention to have more
than two lots on the six acres . He will also covenant
not to apply for further lot line changes . I respectfully
submit that the original lot lines were proposed in order
to organize the property into three lots without full
consideration of selecting building sites.
Please find enclosed a copy of the letter from
the DEC with regard to their approval of the project,
a map stamped by them as approved showing the buildings
as proposed, a map stamped by the Suffolk County Depart-
ment of Health Services approving the location of the
main residence (an article 6 is currently underway for
approval of the remaining lots and I am told by Herb
Davids, my consultant, that its issuance is imminent) ,
and a letter from the Southold Town Trustees with regard
to Southold wetland permits.
I mistakenly told the Board that a building permit
had been submitted by the architects. When I phoned him
on Tuesday he told me that he was going to file it within
one week and it may be filed by the time you receive this
letter.
If you have any further questions please contact the
undersigned and I would once again like to thank you for
Thomas T, McVann, Jr.
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
Southold Town Planning Board
Re': Adams Property - Fishers Island
June 18, 1987
Page - 4 -
your patience.
With every kind regard, I am
r
TH014AS T. Mc ANN,JR.
TTM:bjm
Encl .
Thomas T. VcVann, Jr,
Attorney at Law
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
June 19, 1987
Southold Town Planning Board
53095 Main Road
Southold, New York 11971
Attention: Diane Schultze
Re: Adams Property
Fishers Island
Lot Line Change
Dear Diane:
Please find enclosed my letter to the Planning
Board along the the enclosures mentioned in that letter.
I have only forwarded one site plan and one site plan
with the stamped approval from the DEC. Please let
me know if this creates a problem.
With every kind regard, I am
ally Cordi s
�� y wi G
THOMAS T. MCVANN,JR.
TTM:bjm
Encl .
1 ,}
York State Department of Environmental Conservation
_gulatory Affairs Unit
Bldg, 40, SLT,-T, R.z. 219
Stony Brook, -1.,T 11794
(516) 751-7900
YO y/k7 Henry G.Williams
Commissioner
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i
teased Oil ti'le inIor-raation you have submitted, the NCWStS�e 11Cj)7rt;iC;lC of S. 'lt'l101?-
mer:tal Conservation has detei;..ined that the p;�rcul project is :
Greater than 300' from inventoried tidal keti� cs.
Landward of a substantial mar.-made structure
greater than 100' in length which was constructed , a--
- prior to September _U, l,ii . ,
Land-ward of. the 10' above-mean sea level elevaticn contour on a gradual,
natural slope.
_ Landward of- the topographic crest of a bluff, cliff or dune which is greater
than 10' in elevation above mean sea level.
Listed in Part 661,5 of 61\7C2R (Tidal Tetlands Land Use Regulations) as a use
.not requiring a permit or notification letter aocroval.
Therefore, no permit is required under the Tidal 1:'etlands Act (Article 25 of the
17nvironmental Conservation Law) . Pl.ease be advised, however, that no construction,
sedimentation or disturbance of any kind may take place seaward of the 10' contour or
topographic crest without a pe=-mit. it is your responsi-;ility to ensure that all
necessary precautions are taken to prevent any sedimentation or other alteration or
disturbance to-the ground surface or vegetation in this area as a result of your pro-
ject. Such precautions may include providing adequate wort: area between the 10' con-
tour or topographic crest and the project (i.e, a 15' to 20' wide construction area)
pr erection of a temporary fence, barrier, or hay bale be-;,.
?lease note that any additional worker or modification to the project as described,
may require authorization by this 1epartment. Please contact this office if such
are conte_-:plated.
Please be further advised that, this letter does not rel;a•;e you or the resn_ onsioility I�
cf obtaining any necessary per--i, s or approvals f-om ot:aer agencies.
Very truly veurs,
a-
Me
TELEPHONE
(51G)16571892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
March .27, ,1987
Mr. Glenn E. Just
The Land Use Company
North Country Road
Box 361
Wading River, New York 11792 I
Re: O'Brien Property - Fishers Island
Request for a determination
Dear Mr. Just:
Please be advised that the Trustees have reviewed your request
for a determination on the need of a Wetland Permit for the above-
captioned property at their regular meeting held on March 26, 1987.
After an on-site inspection by Trustee Larsen it has been determined
1 that the project as proposed is 78"from the H.W.M. to the building envelope
+ in addition to being at' the highest contour elevation. It has been determined
that the Trustees have no jur-'Diction in this matter.
Should you have any questions or concerns, please do not hesitate to
:call this office at the telephone number listed above.
Very truly yours,
Henry P. Smith, President
Board.of Town Trustees
HPS:ip
cc: Robert A. Greene, D.E.C., Stony Brook
Commissioner Henry G. Williams, D.E.C. , Albany
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
Conservation Advisory Council
Bldg. Dept.
Board of Appeals
File
R WED BY
SOUTHOW I61:" I U,iiili►�G BORRD
Thomas T, McVann, Jr, t
Attorney at Law
of v ATE
Post Office Box 827
Westhampton Beach, New York 11978
(516) 288-6500
June 1, 1987
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Attention: Diane Schultze
Re: Lot Line Change for
Adams Property
Fishers Island
Dear Ms. Schultze:
Please find enclosed an application for a lot line
change along with six surveys showing the proposed change.
The Planning Board approved , on December 22, 1986,
a previous application for a lot line change and now the
applicant seeks to change only one line (between Lot #1
and Lot #2) as evidenced on the enclosed surveys. The
approved changes and proposed change is noted on the
surveys .
If anything further is required please give me
a call . If everything is in order please let me know
when this will appear on the Planning Board' s agenda.
Thank you for your courtesy and cooperation in
this matter.
With every kind regard, I am
Cordiall r--,,
LL�1t u/1
THOMAS T. MCVqNN,JR..
TTM:bjm
Encl .
r
JUN 2 1987
APPLICATION.FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentative)accordance with Article 16 of the Town Law and the Rules and Regulat onslof the Southolof a d plat in
Planning Board, and represents and states as follows: d Town
L.The applicant is the owner of record of the land under application. (If the applicant i
owner of record of the land under application, the applicant shall state hispinterest inotsthe
land under application.) THOMAS T. MCVANN,JR. , attorney for Applicant
2. The name of the' subdivision is to be ..Adams Subdivision .• .
.
3. The entire land under application is described in Schedule "A" hereto annexed. (COPY of deed
.
suggested.) d. o
(
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber ... 9363
.... ........ ... Page . .. ..411.... .. .... ... On 05/25/83
Liber ....... ...... .......... P . . . ... .. . ,
Page .. .. .......... .. .. .. On . ...
Liber .. . .. .... .. . . .. :
. .... .............. ... Page .. On
Liber .... .. . . .... ...... :
.. .. .... .. ............. Page .. On
Liber . . .. .. .. . . .... ...... :
...... .............. Page ................... ... On . ..
as devised under the Last Will and Testament of . .. .... ..,
or as distributee . ........................ . ......... .. .. .. ...... ....................... .
9. 6 4 ••• • • •. •. •. .• ,, .. •• •. .• •• •••..• •.••.••.•••..••..•
5. The area of the'land is .... •• acres.
6. All taxes which are liens on the land at the date hereof have been paid emxp&
7. The land is encumbered by ,,.•• wA ••.
mortgage (s) as follows: . .... . . ...... .. .. .. .... .... .. .... .... . .... .... . .. .. .
(a) Mortgage recorded in Liber . ,
••• ••• • •• .. . Page . .. .. .. .... in original amount
of $. .. .. .... . . .. . unpaid amount $ . .... . . . .. .. . .
. . .. .. . held by . .. .. .... ....
..... .... .. ... address ... . . ...
(b) Mortgage recorded in Liber . ...... .. P .. .. . .. .. ...
age . .. .. . . .. ..
• •• • •••• •.. in original amount
of ... ... . .. .. .. . unpaid amount $. .... . . . . . . ..
held by . .. .. .. .. ....
... .......... . address . ........ ........ . . . . .... . . .. .. .. .. .. .. .. .. .. ....... .. .........
(c) Mortgage recorded in Liber ....... . . .. .. . Page in original amount
of . .. .... .. . ... . unpaid amount $. .. .. . . .. .. .. ... . .... . held by . .. ...... .... .. ...... .
... ...... .......... .. . address . .. .... ....... ... . .. ...
8. There are no other encumbrances or liens against the land dZYJX . .. ...... .... ....... .. ..
.. ... .. .. .. . . .. .... . . .. .... . . .. . . .. .. .. .. .. .... ..... ..............
9. The land lies in the following zoning use districts . .• •A-1 ..- .• . .. . ...... .
... . ... .. ...... .... .. ...... .. ...... .. . ... . . .. .. .. .. . . .. .. .... ........ .................. .
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
&e ..Pond•as.shown on surveX. . . .... .. .. .. .. ....... . .. . ... ......... ...... ... .
11. The applicant shall at his expense install all required public improvements.
12. The land (does) (doxacmx) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is . .. .. Fishers .Island Water Works
13. Water mains will be laid by ... Fishers, I,sland Water• Works •,•, • ,
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by . ..••• LILCO• .. ..• .
•• •• ••••lines. •• •• •• ••••• •... .. .... . and (a) (no) charge will be made for installing said
15. Gas mains will be installed by ... .. .. •N/A
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by. the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
r 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be
$• •• •••.. as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at ............ .. ears. The Performance written Bond will be
yby
a licensed surety company unless otherwise shown on Schedule "F".
DATE .•,;Tune._1,
.:. .. .. �... .......... 19. .87 „ FRANCIS .... .EISI(E AYS"
( ........... .... .
e of Appli nt)
By • .L(44
(Signature and Title) THOMAS MCVANN,JR. ,ESQ
Attorne
48F Main Street—PO Box 827
(Address) Westhampton Beach NY 11978
STATE OF NEW YORK, COUNTY OF . ..., SUFFOLK
.. . ..... .. .. .. .. .. ss:
On the . .. 1st.. .. .. .. .. . day of.......June ... .... 8T
•••• •, 19• • , before me personally came
THOMAS T. McVANN
,, •,• ,JR.
• •••� .••••... . . to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that ...he. •, •,, executed the same.
r;
BARBARA J. MITCHELL t
NOTARY PUBLIC,State of New'brk
No.0110114790092,Suffolk-County
Tlrm 6xPirea January all isW otary Public
STATE OF NEW YORt{, COUNTY OF ... .. ... ... .. .. .. .... .. .... . ss:
On the . .. .... . . .. ... . . day . .... ....... of ... . . .. ...... .. 19. .. ..
., before me personally came
• • •• • •••••••• ... ..... to me known, who being by me duly sworn did de-
pose and say that ... .... .. .. . resides at No. ... .... ...... .. .. .. .. .. .. .. .... ......... . ... .. ..... .
.. . ..: .. . . .......... that is the ... .. . . ...
the
corporation described in and which executed the foregoing instrument; that . .. .... . . ..
' . knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
and that . . . . . .. .. . . . signed . .......... .. .. name thereto by like order.
Notary Public. .. .. .... ... . ...... . ........ . .... .
FISHERS ISLAND WATER WORKS CORPORATION
FISHERS ISLAND 1987
NEW YORK 088>i0
AREA CODE 818/7a8.7251
December 9, 1986
Mr. Thomas T. McVann, Jr.
Attorney at Law
P.O. Box 827
Westhampton Beach, New York 11978
Re: Letter 12/3/86, Adams Property
This is to advise that water service is available from this
Company's six inch main located in the roadway south of Lots 1
and 2, and west of Lots 2 and 3.
This is indicated in red' on the Key Map associated with the
Lot Plan dated'9/23/86.
Sincerely yours,
R hard S. Bak.r.-4(
President
Encl.
1
r
14.16-4(9184)
' PROJECT I.O.NUMBER
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF REGULATORY AFFAIRS
State Envlronmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only ,
PART I Project Information(To be completed by Applicant or Project sponsor) 2 1987.
1. Applicant/sponsor T2. Project Name
FRANCIS FISKE ADAMS ADAMS SUBDIVISION
3. Project location:
Municipality FISHERS ISLAND County SUFFOLK
4. Is proposed action: J�
❑ New ❑ Expansion ]Y Modificationlalteration
S. Describe project briefly:
application .to* change the lot lines
A lot - line changewas .granted on December 22, 1986 by the Southold
Town Planning Board and applicant now seeks to change the position
of the lot line betwe'en. lots 01 and #2 on the submitted survey.
r.1 6. Precise location(road intersections,prominent landmarks,etc.or provide map)
1 '
+' See map
7. Amount of land 4ffe4ted:
Initially b6 44 acres Ultimately 9 • 6 4 acres
8. Will proposed action comply with existing zoning or other existing land use restrictions)
®}Ofes ❑ No If No,describe briefly
9. What is present land use in vicinity of project?
2-Mesidential ❑ Industrial ❑ Commercial ❑:Agriculture ❑ Parkland/open space ❑ Other
Describe.
10. Does action involve a permiyapproval,or funding,now or ultimately,from any other governmental agency(Federal,state or local)l
❑ Yes 0410 If yes,list agency(s)and parmiyapprovals
F
Does any aspect of the action have a currently valid permit or approvall•� Yes ❑ No If yes,list agency name and permilapprovaltype
outhold Town Planning 'Board - December 22, 1986 lot line change
ready subdivided (Olmstead Map)
12. As result r}e{sult of proposed action will existing permiyapproval require modification)
l_J Yes ❑ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/$ nsor name: _ Date: 0 6/O 1/8 7
FRAN raz!
KE D S
Signature:
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 '987
Southold Town Planning Board
Town Hall
Southold, New York 11971
Re: ADAMS SUBDIVISION
Gentlemen:
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads are proposed and no changes will be made in
the grades of the .existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
YTjTHM�
ru 1yv
T4 f c �N
DECLARATION
THIS DBCLARATION made this a7%&day of October, 1987, by Denis O'Brien,
residing at 26 Cadogan Square, London Southwest, IXOJP, England, hereinafter
:. .`;::r, "'' ,,,• referred to as the Declarant,
VEIEREAS the Declarant is the owner of certain real property situate at
Fishers Island, Town of Southold, Suffolk County, New York, designated as
Ir
DISTRICT 1000; S ION 3; BLOCK 3; LOTS 3.002, 3.003; and S`t
WHEREAS, the Declarant has made application to the Southold Town Planning
DISTRICT Board for approval of a lot line of a lot line change; and
10000
`i WHEREAS, for and in consideration of the granting of said approval , the
SECTION j Town of Southold has required that the within covenants and restrictions
o 03.00 be imposed and as a condition of said approval the Planning Board has re-
quired that the within Declaration be recorded in the Suffolk County Clerk's
BLOCK Office and shall run with the land.
c 03.00
f LOTS) NOW, THEREFOR, THIS DBCLARATION WITNESSETH:
�
003.002 & ! That the Declarant for the purpose of carrying out the intentions above i
003.003 I expressed, does hereby make known, admit, publish, covenant and agree that
the said premises shall hereinafter be subject to the following covenant:
I That lots no. 1 and 2 (subject premises) will be sold as one
unit, even upon completion of dwelling units.
IN WITNESS WHEREOF, the Declarant above named h e the ore ing
Declaration the day and year first above ten. (�
f
Thomas T. McVann,Jr. agent and
Attorney in Fact for DENTS O'BRIEN
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS.:
On the ah day of October, 19.87, before me personally came THOMAS T. McVANN,
JR., to me personally known to be the person described and appointed attorney
in fact in and by a certain power of attorney executed by Denis O'Brien,
dated July 9, 1987, and recorded in the Suffolk County Clerk's Office, which
power of attorney is still in full force and effect and has not been revoked;
and he acknowledged to me that he had exe ted the foregoing instrument as
the act of,the said DENIS O'BRIEN. Hhq R, u A r
/1 I t-1) �n NOTARY U IC
BARBARA J.MITCHELL
NOTARY PUBLIC,Stibte 01 New Yolk
No.rml unty
100rn 109Z SOON 0 11 all low
i'
II
STATE OF NEW YORK
ss..
County of Suffolk
I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of
the State of New York in and for said County (said Court bein a Court of Record) DO
s✓t
EREBY CERTIFY that I have compared the annexed copy of
oft,e � ��3 u, r 11 JP 1 0 ,):C/L R M 1_ �,�> /U51`!`)' f'
and that it is a just and true copy of such original and
of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said
County and Court this day o CSf�G1- 19 J�,1
. . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . . . . ,��,� ,
���� Clerk.
fps, « 1 ao 6 S1
' :! S'UFPOIX CDU1�TTlr A"VtNT OF Ii�X17H
FisHERs : .. FOR APPRkk� I ''STR'Cr
':0, ry
ISLAND SO(/ Singl Wesidesffx
APPROVED
N �rrr r• ..�
EXPIRES 7�fD YEARS YaO if APPROVAL
om Law
\ \
ot
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l5„f{'• .TA K M ,J] - FISHERS/SLAAt7 ALfW nn
..r�� �� /AM.FAMILIAR W/TN rAtr STAMA4ROS KW APPROVAL •'
AM CONSTR v77av OF P-as A4F"SEWABE Dlspas&
SYS7FA/S FOR SINGLE FAMILY RES/DENCEg AAO WILL
AB/DE OY 7W CONDIr WS SET FOR rNEREN AAO ON
7NE,PERMIr _� AXVr1CWS•M4A0YZJ./919T
(-�st4E�s
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38
UP
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✓/ oj,� '
-PI}�' �
-V5- ORIGINAL LOT AREAS
d �" S. Gorr L� ►tea Goo-s -r,c. Jur�v `!
LOT 4!� (revrse �-2.33 Acres "� v
(a
L",\ LOT 4B- /.96 Acres
>.
2. S
'LOT 4C -3.52 Acres
Addifionol land SEA . 3 3L-oc 1_crs Z3 SIN tor>�-T-� sT.
3. J I T ( o I C��/t G6`T -gY tti'l J►J 1 G 1 P.L-
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