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1000-72.-2-2.1
10 916 #FILE, No. vONG t5�N0 50°NO SHEET 1 OF 2 14 8 3 1 ABS. No. MINOR SUBDIVISION �" :W. N,P FILED MAR 12 2003 FOR PROPERTY e 1 �� OR .. BAXTER, SOUND ESTATES FILED SITUATED AT MAR 12 2003 CUTCHOGUEOil �RKOFSUFFa CNI TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK KEY AIAP S . C . TAX LOT No . 1000 - 72 - 02 - 2 . 1 SCALE 1 "=600' SCALE 1 "= 100' SEPTEMBER 9, 1999 DECEMBER 1 , 1999 ADDED DRIVEWAY RELOCATION & EXISTING WELL & CESSPOOL LOCATION AUGUST 14, 2000 ADDED PROPOSED WELL & CESSPOOL DECEMBER 20, 2000 REVISED LOTS AUGUST 10, 2001 REVISED AS PER SOUTHOLD TOWN PLANNING BOARD LETTER JANUARY 20, 2002 ADDED L.I.P.A. EASEMENT FEBRUARY 24, 2002 ADDED TEST WELLS MARCH 25, 2002 REVISED `ITURN AROUND" T� T PLANS APRIL 10, 2002PRIL REVISED2PPROP.EWELLD &OSEPTIICT LOCATIONS TYPICAL ON LOT 2 1 YPI AL PLOT PLATV NOVEMBER 19, 2002 ADDED COVENANTS AND RESTRICTIONS NOTE (NOT TO SCALE) PROPERTY LINE �a 5' 50% EXPANSION MIN. POOL of SEPTIC tl DUND ,�/,P -5.15 dJ TANK c+�14D •N N y SE��PNS _ 5 5 OZ Pa KI FIN11 -: 535'.-A6r ' �'-_'.--•�_ i WELL -------------- ` " \ o' — o / \ POA RUAU -------------- tin we � A .8,y' %/ �e '$• � R © ` TYPICAL STORMWATER UNIT ------ ----- WITH SHALLOW DOME `'t \�*4q• >•n \\ (NOT TO SCALE) \ £ y• '\_V M1A, ay, °RmiKRFcioc0 FlG NWse TYPE se ^ a FlN6 °E °acEINGOn°. i4 OF 4 t o°uE o.A�•O i `6. ,0 d h f In \n i Fq•9SPA z � �A \ , y{ !/A' - 1-1/0' STONE ABLAED LEACHING RINGS NL1"�. O \ P, RESPONDED PRECAST CONL 4000 PSI 0 2e MRS PP Sf p15SP c4 P,c '\ ZONING �E pl`2R '\ \ \ AdUlhO WAIEN NOTE: \•\ DRAINAGE SYSTEM CALCULATIONS LONG ISLAND POWER AUTHORITY EASEMENT SHOWN THUS: ® \\ ALL TOPS & COVERS TO BE TRAFFIC BEARING METES & BOUNDS DESCRIPTION AS FOLLOWS: \\ V = ARC 1 5 51'44'30" W 10.14' A = TRIBUTARY AREA IN SQUARE FEET 'o \ R = 2' RAINFALL = 0.17 Ft. O2 N 47'49'00" W 1,148.36' $" \\ C = COEFFICIENT OF RUNDFF = 1 B 03 N 51'44'30" E 160.79' y>,ow°"A DRAINAGE AREA FOR DRAINAGE STRUCTURES 1.3 &. 4 °+euyk„ PAVEMENT AREA = 3,200 If ®N 47'06'40" W 10.12' \' '+a 3,2Dp of x 0.17 x 1 = 544 of O5 N 51'44'30" E 10.12' v \ sea/x2.24 = 13 V rsq'd 8 S 47'06'40" E 10.12'O \\ PROVIDE\ 10 N 51'44'30" E 20.00' (1) 8'-0" DIA. % 13'-5" DEEP DRAINAGE POOLS + DOME .'s \ QRAINAGE AREA FOR DRAINAGE STRUCTURE 2 O7 ze. \ .ao 2 •A-� PAVEMENT AREA = 5,200 of O8 S 47'06'40" E 10.12' 5,200 of X 017 x 1 = 864 of O9 S 51'44'30" W 180.65' 41? O \\ r 884/42.24 = 21 vif req'd �S 47'49'00" E 1,136.22 \\, PROVIDE W-0" CIA, X 10'-6" DEEP DRAINAGE POOLS + DOME DRAINAGE AREA FOR DRAINAGE STRUCTURE 5 I hereby certify that the water supply(s) and/or sewage disposal system(s) for this project \. PAVEMENT AREA = 6,400 of were designed by me or under my direction Based upon a careful and thorough study of \ the eoll, s'te and ground water conditions, all Iota, as^..posed, conform to the Suffolk County a , 0� 6,400 sf X 017 X v = 1,OBB of Department of Health Services construction standards effect as of this dote. ,FP6 1,088/42 24 = 26 If req d :t \ PROVIDE; '\ (2) 8'-0" CIA. % 13'-6" DEEP DRAINAGE POOLS + DOME \\ '\ O' PROPOSED SIORMWAIER REACHING POOL WITH INIET CRATE \ \ \ \ \ \ a \ A. \ 0 2w, \\ 4 Ile TYPICAL SEWAGE DISPOSAL SYSTEM P� . HolaneI Nc (NOT TO SCALE) CONCRETE C0.£R ay 4 d GOA Man' o/ri NOR Is za• mla. q � m rata � o ry ,E ` �,e STONE BLEND ROADWAY R, soft me i E ♦'sow vs (NOT TO SCALE) RIGHT OF WAY E 20' 0" p e'-0• Y00 WL SEPTIC iANx - onr°Ecmeo At. 5 2•_G• a'_G" B,_G•• 2_G•• L POOL O LTt 16'-0' ROAD SECTION !' min O M VARIES Y' CROWN (typo) VARIES PRECan CONL q" e'-o• TOPSOIL '14 3 4 05TONE BLENpRING COURSE TO BE CLEARED � � FINE GRADE RAKED AND SEEDED ( I^ andi WATEP 9O TILL M11EPa RR eE e' OINIM°M PFNEIPAPON r O. sw0 rxo aw.w0 to O n xRcm SIPI ..L EX COMPACTED RASE COURSE T' F YNO AVO OMKL � FA EXISTING BANK RUN OR OTHER SUITABLE MATERIAL �Fp ND Tin'L� <. I HEREBY CERTIFY THAT THIS MAP WAS MADE BY FROM ACTUAL SURVEYS COMPLETED SEPTEMBER 9, AND THAT ALL CONCRETE MONUMENTS SHOWN THUSHEREON ACTUALLY EXIST AND THEIR POSITIONS ARE _ CORRECTLY SHOWN AND ALL DIMENSIONAL TOTAL AREA = 202,695.22 sq. f1. AND GEODETIC DETAILS ARE CORRECT (TO TIE LINE) 4.653 cc. TEST HOLE DATA TEST HOLE TAKEN FROM OLD SURVEY BUILDING ZONE DISTRICT: R-80 °' THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION A—C OF APPROVAL DATED FIRE DISTRICT: CUTCHOGUE skko n °RAVEL BY OWNER AND APPLICANT: CHAIRMAN PLANNING BOARD WILLIAM J. BAXTER JR. & JANE BAXTER GOELLER NASSAU POINT ROAD CUTCHOGUE, N.Y. 11935 1te" THIS I SUBDIVISION WILL APPEAR IN \ \ \ DISTRICT 1000 SECTION 72 BLOCK 02 APPf;OVED IN ACCO,^,DANCE WITH BOARD OF \\\\\\ snN.". _ / \\ \ \ \ DENSE cxnYiL THE EXISTENCE OF RIGHT OF WAYS RCVIL.7 U'i'E.1 C'.illf.ii0P1 DATED tQ [ 00 \ \ \ \\ n, AND/OREXISTENCE EASEMENTS OF RECORD, IFS ��OVENAIJ75RESTRICTIONS ANY, NOT SHOWN ARE NOT GUARANTEED. SUBJECT TO Cli LIBER ' � D NOTES.' PAGE 7!(r 1 . CONTOURS ARE REFERENCED TO FIVE EASTERN TOWNS TOPOGRAPHICAL MAP 2. THE FOLLOWING COVENANTS AND RESTRICTIONS HAVE BEEN FILED AT THE _ OFFICE OF THE CLERK OF SUFFOLK COUNTY: /OF N! (V' SUFFOLK COUNTY DEPARTMENT of HEALTH SERVICES — COVENANTS AND RESTRICTIONS RECORDED 3/8/91 IN LIBER 11229 PAGE 248 Y\°`I HAUPPAUGE, NY — COVENANTS AND RESTRICTIONS RECORDED 11/1/02 IN LIBER 12150 PAGE 716 /�P FQ GFZ0,9 — COVENANTS AND RESTRICTIONS RECORDED 10/10/02 IN LIBER 12214 PAGE 376 ED >F APk 1 9 — UNDERGROUND ELECTRIC EASEMENT (LIPA) RECORDED 11/15/02 IN LIBER 12220 PAGE 318 r o Dine sFOCANd — ----- -- - N.Y.S. Pi No. 49668 This Is t0 certify Hot he pr.paeed Realty Subd, lKao or Development JAN 13 2009 _ +I,, far r '� IO the with a total of Q lot w pproved an the bove date. Water Supplies and Ski Olsposal _ Fa0Iitim mut conform to construction standards In effect t the time of construction and are subject to separate permits pursuant to those Joseph A. Ingegno standards This Oppr.vOl shall be valid only If the realty subdlvlsi.0/ _ -"� •1 - - D development map Is duly s filed with the County Clerk within one year DA1D / �� U Land Surveyor of this dote Consent hereby given for the filing of this Clerk an D which this endorsement p l re IN the Office of the County Clerk e colk County with Me pp o Pl.ns of Me Public Health Low and the u.p Suffolk C.unly SOnit.ry Code EWO 17 2n Title Surveys — Subdivisions — Site Plans — Construction Layout Southold Town PHONE (631)727-2090 Fox (531)727-1727 1(//y����-1 r, A`1 (/�\) /0 -17 Planning Board OFFICES LOCATED AT MAILING ADDRESS Lto ^.•1e NR-k-mi PSL. 1380 ROANOKE AVENUE P.O. Box 1931 v ■ l w,N-"�, Director, "ll"' of Envlmnmentol Qu-11" /a10 , I RIVERHEAD, New York 11901 Riverhead, Now York 11901-0985 98-6824 — �N 71.52'27" E LONG ISLAND SOUND X4.62' 105— -- TIE UNE ALONG wcH N 70'59'58" E --- ---_-_—_ -____O _______ ----_----_ WATER MARK 129.24' 15_____ _ —_______ _ 20---'L— — -- ----------------------- ----------- — --------------_— —_---TIE LINE AL HICH WATER MARK_ 25___�_ _____________ _ _eP ____5 30 _____________ _____________ -n*-_________y — _____________ __ __ _ _ _ s --10 Fpo 35--'w.— --- ------- —r------- ------ _ _ -- ______BOTTOM OF SLOPE --- —� _ —z ____ __ n ___ 50---------- ------------------ ___________ ---- ____ 55 _____ ___ —o,__—___—_ _ — __— _ - __350 __________ ______ _ __ -- 60______ ____ ________ ___________ _________ _ --___ --3 5 65_______ ___________________ ------------ — ____ _____ _ ________ — __50 _______________ _______55 COASTAL EROSION HAZARD LINE TAKEN FROM - y ___ _ COASTAL EROSION HAZARD AREA MAP _ PHOTO Na 58-549-83 SHEET 5 OF 49 - 65 1� I TOP OF SLOPE OCKADE FENCE TA ro N ry O qU1+ b0 vy x \ \ w @7 1 xcy+ 9 � y \� �G1 r PROPOSED \ CESSPOOL O 6S C �O C) `� O ,� Ol o rn °yo yoo O. 0- coo 1�.1'21�,3U8DU3 „ OWPY E \ON •44 6 5 365o. 5T64S, 10 V 35155 0j „ W s 6. 9 g0pDog LOT a m. ORP 62' °`yo 5 51'44 30, W F N R0 E \ Seo F2\N` boy N 0 F ftlGCl ZONING USE ° \ JOSEPH A DISTRICT: R-80 ZONING USE DISTRICT: A-C \ oo' 6 c^ \ SHEET 2 OF 2 MINOR SUBDIVISION \' 6� FOR 0 2 \ oRP\N N6 5 \ BAXTER SOUND ESTATES S oRM R\M E \ SITUATED AT CUTCHOGUE \ TOWN OF SOUTHOLD \ SUFFOLK COUNTY, NEW YORK \ S.C. TAX LOT No. 1000-72-02- 2. 1 \ SCALE 1 "=50' g \ SEPTEMBER 9, 1999 \ DECEMBER 1. 1999DD D14R1IVEW YAODED RELOCATION & XI LING�WCESSPOCESSPOOL LOCATION \ DECEMBER 20, 2000 REVISED LOTS '\ AUGUST 10, 2001 REVISED AS PER SOUTHOLD TOWN PLANNING BOARD LETTER JANUARY 20, 2002 ADDED L.I.P.A EASEMENT '\ FEBRUARY 24, 2002 ADDED TEST WELLS MARCH 25, 2002 REVISED"TURN AROUND" \ APRIL 4, 2002 REVISED LOT PLOT PLANS APRILOVEMBER 2002 19,R2002 REVISED COVENANTS AND REPROP. WELL & SEPTIC STRICTIONS NS ON LOT 2 TIONS NOTE N slow R\M \ e \ dd a \ Np 6A 5 S�oRM R\RNP�� \\ ro 175 171, N NOTE: \ LONG ISLAND POWER AUTHORITY EASEMENT SHOWN THUS: \ 9 METES & BOUNDS DESCRIPTION AS FOLLOWS: \ 1O S 51 '44'30" W 10. 14' O2 N 47'49'00" W 1 , 148.36' 65 \ O3 N 51°44'30" E 160.79' Pj \ ® N 47'06'40" W 10. 12' NE N6� x * N 51 '44'30" E 10. 12' © S 47'06'40" E 10. 12' \ 07 N 51'44'30" E 20.00' \ ® S 47'06'40" E 10. 12' 6 \ O9 S 51 '44'30" W 180.65' \ 0S 47°49'00" E 1 , 138.22 \ 5 \ Soots \o \ p � 6CBdG 916 #FILE. Noe \`\ Km , 10 D 14 8 31 #ABS. No. �\ Southold Town Planning FILEBoard �p�m� FILED OR 12 2003 v . Q < FILEDOP, v "E v yo _ MAR 12 2003 sur. - 510E OF BRIDGE 3:rsp M a p EDWARD.ROMAINE n pppt @lEW OF SUFFOLK COUNTY FpONO 10A. Joseph A. Ingegno `° S 5�"gg30" W d Land Surveyor y ZD.Za 6�kG0� ORE r Title Surveys — Suhdmisione — Site Plans — Construction Layout ✓� PHONE (631)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1380 ROANOKE AVENUE P 0. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 9 gUFFO��- PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �� G?, P.O. Box 1179 Chairman 1 Town Hall, 53095 State Route 25 coo = Southold,New York 11971-0959 RICHARD CAGGUNO Telephone (631) 765-1938 WILLIAM J.CREMERS ,ai Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 14, 2003 Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, January 13, 2003, adopted the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots-.on 4.65 acres in the R-80 Zoning District where Lot 1 equals 3.24 acres and Lot 2 equals 1.41 acres; and WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on August 13, 2002; and WHEREAS, the applicant has posted a performance guarantee in the form of a certified check, number 67466750 in the amount of$60,425.00, to satisfy the bond estimate; and WHEREAS, the Planning Board accepted the certified check on November 4, 2002 and the Town Board on November 7, 2002; and WHEREAS, the applicant has submitted an Administration Fee in the amount of $3,625.00 to the Planning Board Office; and WHEREAS, the applicant has submitted a Park and Playground Fee in the amount of $10,000 to the Planning Board Office; and Baxter Sound Estates — Page Two — 1/14/03 WHEREAS, the applicant has submitted the covenant and restrictions filed on Liber 12214, Page 376 with the Office of the Suffolk County Clerk to the Planning Board Office; and WHEREAS, the applicant has submitted a letter of non-jurisdiction from the Department of Environmental Conservation, dated November 6, 2002, to the Planning Board Office; and WHEREAS, all conditions of conditional final approval have been met; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated November 19, 2002, as revised, and authorize the Chairman to endorse the final surveys. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, ett Orlowski, Jr. Chairman cc: Patricia Moore, Esq. Catherine Mesiano, Expeditor Building Department Tax Assessors 2 I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII (IIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTIO Recorded: 10/10/2002 Number of Pages: 6 At: 04 :41: 02 PM LIBER: D00012214 PAGE: 376 District: Section: Block: Lot: i000 072 . 00 02 . 00 002 . 001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 . 00 NO Handling $5 . 00 NO COE $5. 00 NO NYS SURCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $4 . 00 NO RPT $30 . 00 NO SCTM $0 . 00 NO Fees Paid $77 . 00 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County f 1:. L_1_ 2 3 RECORDED Number of `+' 2�ii 2 Oct 1�i 04:41 e 02 Ft•1 pages TORRENS Edward P:Rc�maine CLERK OF Serial# Si IFI=OLI,: r_OUNI Y L D ii i01'2214 Certificate# P `� Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stimp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 15 1.Basic Tax TP-584 2.Additional Tax Notation $ub Total EA-52 17(County) Sub Total Spec./Assit. Or EA-5217(State) 11 Spec./Add. R.P.T,S.A. f�y ,y � r�, TOT.MTG.TAX i Dual Town Dual County Comm.of Ed. 5 � Held for Apportionment Affidavit _., j + Transfer Tax �,y Mansion Tax �rtified Cop -- ��-- mar` The property covered by this mortgage is or __�_.. will be improved by a one or two family Reg. Copy f ` Sub Total S dwelling only. Other � YES or NO GRAND TOTAL ( If NO,see appropriate tax clause on page# of this instrument. S, aoP Real Property Tax Service Agency Verification 6' Comrraunity Preservation Fund °.BUFFOLK TA Dist. Section Block Lot Consideration Amount $ COUNTY \Sty 1000 072.00 02.00 002.001 CPF Tax Due $ Jai 0-0 Improved Vacant Land Im is s , — 7 Satisfactions/Discharges/Releases List Progerty Owners Mailing Address TD RECORD&RETURN TO: TD Wickham, 'Wickham & Bressler, P.C. P.O. Box 1424 TD Mattituck, New York 11952 F Title Company Information Name e# 9 Suffolk Count Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in WILLIAM J. BAXTER, JR. AND JANE BAXTER GOELLER SUFFOLK COUNTY,NEW YOM TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE �. or HAMLET of CUTCHOGUE BOXES 5 THRU 9.MUST BE TYPED 0R PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made th20 day of 2002, by William J. Baxter, Jr. and Jane Baxter Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as"Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, one-half of such expense to be attributable to each lot, subject to any rights of contribution from the Gallagher property. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17, 2002, or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism. 8. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. illiam J. Baxter, Jr. Jane Baxter Goeller e-Iv > STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the 5 9 day of , in the year 2002, before me,the undersigned, a Notary Public in and for said Sfate,personally appeared William J. Baxter, Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrum ,,,yz� Notary AEI L A.WICKHAM Public.State -0427 Ow8flsd In Suffolk Cou STATE OF CALIFORNIA, COUNTY OF Say ,Q,�, e1+± .� On the / day of O&o-er in the year 2002,before me, the undersigned,personally appeared JANE BAXTER GOELLER,person 4 know to *ao 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,that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrume t, and that such individual made such appearance before the undersigned in the City of .�. � County of f2m I-o, , State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public KATHLEEN KHtSTIENS Commission#122W60 Notary Public-CaAtamia Santa Barbara County MYComm.BOMM0y21,?a03 SCHEDULE A DESCRIPTION OF PROPERTY All that certain plot piece or parcel of land, situate, lying and being in the Town of SOUTHOLD, at CUTCHOGUE, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1785.43 feet to the high water line of Long Island. Sound; THENCE along the high water line of Long Island Sound, north 71 degrees 52 minutes 27 seconds east, 2.24.62 feet; THENCE south 47 degrees 06 minutes 40 seconds east, 557.55 feet; THENCE north 51 degrees 44 minutes 30 seconds east, 70.96 feet; THENCE north 47 degrees 06 minutes 40 seconds west, 530.16 feet to the high water line of the Long Island Sound; THENCE along the high water line of the Long Island Sound, north 70 degrees 59 minutes 58 seconds east, 129.24 feet; THENCE along lands now or formerly of Simchick, south 47 degrees 06 minutes 40 seconds east, 501.30 feet; THENCE south 51 degrees 23 minutes 30 seconds west, 13.65 feet; THENCE south 31 degrees 32 minutes 00 seconds west, 16.83 feet; THENCE south 51 degrees 44 minutes 30 seconds west, 326.35 feet; THENCE south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. TOGETHER WITH AND SUBJECT to a right of way along the southerly 20 feet of premises and over "leg" of premises to Oregon Road, said right of way being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being distant 1100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30' seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1.148.32 feet; THENCE north 51 degrees 44 minutes 30 seconds east. 180.85 feet; THENCE south 47 degrees 6 minutes 40 seconds east, 20.24 feet to the northerly side of lands now or formerly of Ricci; THENCE along said lands, the following two courses and distances: 1) south 51 degrees 44 minutes 30 seconds west, 170.38 feet; 2) south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. 112298' fi DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this (Sf day of 4'CM-Z Ai 1993, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in, fee simple of a certain parcel of land situate-at Cutchogue, Torn of Southold, County of Suffolk and State of New York, and i designated, on the Suffolk County Tax Map as District 1000, Section 072, Block 2, Lot 2.1, being the premisesdescribed in deed recorded in the Suffolk County Clerk's office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds District description of which is shown on Schedule A attached hereto 1000 and made a part hereof, hereinafter referred to as the r 'Section 72.00 "premises" . lock WHEREAS, the Declarant intends to subdivide said 2.00 premises for residential purposes and desires to subject of 02.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of AR 8 9991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, j NOW, THEREFORE, the declarant does hereby declare that I the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set i forth. 1. No lot shall be subdivided or its lot lines I ' v changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing i and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable 1 _ ; 950 structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. I • . 5. Within 50 feet of the top edge of the bluff J there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stornwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed I or dead material and obnoxious plant species. Such clearing and grading shall be subject to i review by the Town Planning Board to insure - proper maintenance and preservation of the. natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of I the Town of Southold after a public hearing. ' 112 ;25 Adjoining property owners shall be entitled to notice of such public hearing, but their - consent to such modification shall not be 1 •f required. IN WITNESS WHEREOF, the Declarant has hereby executed - this Declaration of Covenants and Restrictions the day and year first above written. BAXER P OP TIES INC. 1 _ G BY: TE OF NEW YORK Ss.: my of Suffolk EDWARD P. ROMAINE,.Clerk of the County of Suffolk and Clerk of theSupremeCourtoftheState of New York in and for said County(said Pourt being aCourtofRecord)DOHEREBY CERTIFY that have compared the annexed copy e- tl r� c-...l,�atc1- £,1 9'7 t`o f/9/f"7 .� O once/i 91"n hat t tt is a just and true copy of such originaland of the whole thereof. IN TESTIMONY WHEREOF,Ihave hereunto set myhand'andaffixed the seal ofsaid County and Court this ;- day of '-v� , 19 1 . . . . . . . . . . . . . . . . . . . . . ..;f. . . . .. . .. Clerk.. ,r "NO. 1.04- 12-109s.AZ89os. i .11229MC252 SCHEDULE A ALL that certain plot,, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and, State of New York, more particularly bounded and dascribed as follows: BEGINNING at a point at a monument set in the northerly line. 04: orea4on , (North)° 'Poad, which point is intersected by the` eaerly 1iAe, of land now or formerly of John, F. w,i to s nn ac theme iwortu 4 ` degrees: 49 minutes 00 �etx z dst Yee a c Said iioant ned land a distance of - 383 4r8 . t to 'tomFU nargwatar mark of Bond Island Saa rd; rufin$ g enr a bn a course fitrth 71 degrees 49 ` minutes 40 seconds East reasuring 224.88 feat, along-thei czdiraasy vhighwater r:.ark of L:ond Island Sound, to land nok," ar formerly-of Michael ,.Gallagher; running thence .,nth ? de?rres,'o6 :minutes'40 seconds East, along t'a VARA a nFntl6neNd Iarid., a distance 1bf. .609 .'79 feet; ruxfr"" #enpe t+ort { r c s •30 seconds F.as'r, � h 5,�+{ •a'eg_�ee., 4ti ,�{�rute., �• ,�'��ing sa a4 �as_' menti3oned land, a distance of 7Q,� 6 un ing t'ror; a Nltyr�fi 47+ degrees 06 -ninutes 4.0• seco.h ti:;`11 iddAgipari-0•?i<ast r{:eHtio-'n d land; a .di,s'cance t to o1r8,Uh9rj ;hk1ahwater •tark. of i.cr{cj Island Sound; *u*ami* tl:�'nce on 4 us1 forth 7'i il�g_ees 41 minutes Ez$st rJasuri �g 130Via' albrg thea prdi�nary higt ,Rater to 1, A3 ''now. or T{or •, 0'.. p �t'esx�y,tThiak; running th ;ice South? 4 t de3rees +•, Pchte 4It seconds s:t Cdr lcong said lases ,tee;tifaned is r• a:.' ar�c ';of"95 y ,. r, . o t { 2 �,eet to a ipoin,.•„ h..n ;i ,.�•+ hent? & l .. 11 ;a c3 1, ., ?3 °�Li• Nute� 3!C ,. r ec nds Wes ad 'allConq said a din` }� �and •�a ' sti Ee bf: l3 ,65 m9e.` �,;a ro�rt; ru,, VP en�e�$Sati' h p ec�'r 2 wn, L rn 1 " �� VP sy d rhes 9 ri sec ra;s We=t. d ,. iun a 3' irds `a ❑i ° �gct of t �?'in o n t;,erc , a M ` FT" •a { t �]ag .}y"Oil �n :pyo '''�'eS � v „� e� s 'n t r dIL3 "Anc�' of 2 r ,rr. rfi `x ee , L •�6 t135 feers thence IrY2 �"e • ' d,egrb'-'si9 r' irutes East{: a r , e-re Y i1rC ,. C. + olf �r br+ �d ' r ►, dec�t.�e"res ' 4.1 m';,�Yte! .:3p stcy a n his et o• a.2!8 feet• 'to bye {o in 9 BAXTERS2 i MAILING ADDRESS: PLANNING BOARD MEMBERS ��rsf so yo P.O.Box 1179 DONALD J.WILCENSKI �� l� Southold,NY 11971 Chair #t OFFICE LOCATION: rn 'r WILLIAM J.CREMERS G Town Hall Annex PIERCE RAFFERTY �� 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR couff ,� (cor.Main South d,NY Youngs Ave.) Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 14, 2015 Mr. Thomas Uhl Flower Hill Building Corporation P.O. Box 54 Syosset, New York 11791 Re: Conservation Subdivision for Beach Plum Homes Located on the n/s/o Ackerly Pond Road, approximately 924 feet west of NYS Route 25, and located on the s/s/o Blossom Lane, approximately 223 feet south of Jasmine Lane, in Southold SCTM# 1000-69-3-10.1 Zoning District: AC Dear Mr. Uhl: The Planning Board, at their October 6, 2014 Work Session, reviewed your request to release the Performance Bond for the application referenced above. After review of the recommendations from the Office of the Town Engineer, however, the Planning Board has found that a small amount of work remains to be completed, thus the bond can be reduced significantly, but not released entirely. The remaining work that must be completed is as follows: The utility trenching for gas &water has been left in an unsatisfactory condition and must be fixed. The following are two options to fix the utility trenching: 1'. Asphalt can be placed over the entire road width ending in a "T" section at the intersection with Blossom Lane. 2. Each trench can be properly milled for a minimum depth of two inches and then patched with Top Coat asphalt overlay that uniformly aligns with adjacent pavement. Please note that all resulting edges or intersection of new/old asphalt surfaces must also be sealed with liquid asphalt . Bey:,,, Plum Homes —October 15, 2014 _ age 2 This work is estimated to cost approximately $7,700. The Planning Board will recommend the Town Board reduce the bond from $11,477 to $7,700, leaving this small amount until the work described above has been completed. If you have any questions regarding the above technical requirements, please contact the Office of the Town Engineer at 631-765-1560. The next step for this application is for the Planning Board to refer this matter to the Town Board to make a determination regarding the recommended reduction of the Performance Bond. Please call the Planning Department with any questions regarding this next step. Sincerely, 011� Alyxandra Sabatino Planner Southold Town F'..:.ning Board Work Session - October, u, 2014 - Page 2 ..............__..._...........-.-.........................................._........_.._....._........................................--..._.._.._........................_._..................._................................._......_.........._..........................._.,._....__......................._.............._,..._............................_...._._.._............._....__._.._..._._.._............_......._....._........_.._.... Project Name: I Fishers Island Utility Company & SCTM#: 1000-9-2-13.1 & 15 Coleman --- ------ - --..__._..__..._..._......_.-- .._..--..._. ..................._.__................._..........................__....- -._... - -..__....._.......__... ......_......_._...._.......- ........................._............................._....................................................._._..._.._................_.....---........_.._......................._...._....__._._._..._............ --...__..... Description: This proposed Lot Line Change will transfer 0.02 acres from SCTM#1000-9-2-13.1 to SCTM#1000-9-2-15. Lot 15 will increase from 1.28 acres to 1.29 acres and Lot 13.1 will decrease from 7.13 acres to i 7.12 acres located in the R-80 Zoning District. j _.._._ - --------------- i Status: New Application ___._....__...-.--.._-. --.--.__._..............____._..-_--.-___.... _.__._......_-- Action: Review for completeness. . ...................._...................................................._.._......._..........._........................._... ! Attachments: ! Staff Report ....................---......................_...._........._........................................_.........................................................................._...._........................_...__.........._............................_.........................................................................................................................................................--..._._....._--........................_................... Project name: _—? Beach Plum Homes ; SCTM#: 1 1000-52-5-60.3 ! Location: on the n/s/o Ackerly Pond Road, approximately 924 feet west of NYS j Route 25 and located on the s/s/o Blossom Lane approximately 223 feet I south of Jasmine Lane, 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 22.2 acres were sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals 32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916 sq_ft. in the A-C/R-O Zoninq Districts. .........................................._............................................ _ ------- Status: Final Approval Action: Review for release of bond. ! ---.._._.._..._....._..........._ ._..._..__ .._..__....- -�—- ..__.._..--... -- -.._...-- .._..-- ...._._........_....._................_........................._........_......_........._._...- Attachments._._... - ...._._._j Engineering..nspector's..._Report._......._..._........_...__..._...._...._................................_..._..._...._._._._....._.._......_...........------ -.._....._..-._._._........_.� ..__.........---.._....- -_ ............_.........---.._............_....._.._...............---.._._......_...._.._.............................................................................._.....................................,......_...-..._..._._...............--,...- --... ---............................--- -...__...___....... Project name_ Oregon Landing II ' SCTM#: 1000-95-1-5 ........ ...................... ..................................... - ......_.......__._._._.....__._..................._.........................................................................................._............._........_........._.._...__.........._.._..__................_....._...._.__.._...._._............__... Location: on the n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, in Cutcho ue ...._....._._....._._._.._..__..........................._........--- -...._._!._.__......_._.........._._..._9.............................._..._.__...................................................................._........_._....................................................... Description: Conservation Subdivision of a 32.73-acre parcel into 5 lots (23.75 ac. reserved farmland Status: Final Approval _.._..............._..................._.._.............................................................. ......................._.._..._................................................_......._............._.............................._............................._.........._.._._.__............................._...------------............ ! Action: ! Review for release of bond. ----....._.._...............__.........__...__..__._.._.._r.---._...._..__........_...__.._........_.........—....---...__...-.._....__......_........_............................................_................................................_.....................---.---..-_._...........__.......---..... --- Attachments: En ineerin Inspector's Report Discussion: 1. Planning Board Monthly Report for September 2014 - draft for review 2. Planning Board Meeting Schedule for 2015 - draft for review SCOTT A. RUSSELL JAMES A. RICHTER, R.A. SUPERVISOR E' F MICHAEL M. COLLINS, P.E. rn; TOWN HALL- 53095 MAIN ROAD i TOWN OF SOUTHOLD,NEW YORK 11971 Tel. ..(631)-765—1560 � '£ Fax. (631)-765—9015 MICHAEL.COLLINS a,TOWN.SOUTHOLD.NY.US JAMIE.RICHTER n,TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER OCT 0 2 2('. TOWN OF SOUTHOLD y- t southold'Ibwn w Planning aoard_.. Donald J. Wilcenski October 1;2014-- Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971. Re: Re: FLOWER HILL SUBDIVISION Aka -"Beach Plum Homes" Blossom Lane, Southold, New York Final Inspection for SCTM #: 1000-69-03-10.1 Release of Bond Dear Mr.Wilcenski: As per a request from your office, I have conducted a site inspection of the above referenced Subdivision. My last inspection report, dated 6/9/08, indicated that the utility trenching for Gas & Water had been left in an unsatisfactory condition. At that time, the developer should have been notified that it was his responsibility to properly fix the restoration of the trench. I have discussed this matterwith the current Highway Superintendent. He is in agreement that this item should be fixed. Basically,there are two options. First,asphalt can be placed over the entire road width ending in a"T" section at the intersection with Blossom Lane. (or) Second,each trench can be properly milled for a minimum depth of two inches and then patched with Top Coat asphalt overlay that uniformly aligns with adjacent pavement. All resulting edges or intersections of new/old asphalt surfaces must also be sealed with liquid asphalt. The final asphalt top coat overlay of the cull-de-sac was completed this past summer. This overlay is satisfactory and meets the minimum requirements of the Highway Specifications. All other required items found in the bond estimate havebeen completed in a satisfactory manner. At this time, it is my recommendation that the Performance Bond bereduced to a minimum amount equal to the bond item for the"ASPHALT WEARING COURSE"or$7,700. If you have any questions regarding this matter, please contact rry office. Sin er ly, J es A. Richter, P.A. cc: Vincent Orlando Superintendent of Highways MAILING ADDRESS: PLANNING BOARD MEMBERS �Qf sorry P.O.Box 1179 DONALD J.WILCENSKI �� Oo Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III ' l ,��aa�� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR y�'oU ��`` Southold,NY, Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM X To: James Richter, Engineering Inspector From: Alyxandra Sabatino, Planner Date: August 4, 2014 Re: Performance Bond for Beach Plum Homes Application Name: Beach Plum Homes Tax Map Number: 1000-69-3-10 Location: Located on the n/s/o Ackerly Pond Road and the w/s/o NYS Route 25 in Southold The Planning Board has received a request to review the Performance Bond placed on the approved subdivision of Beach Plum Homes Estates. Please review the attached documentation in relation to the Performapce Bond and recommend whether the bond can be released or a further bond reduction is necessary. Thank you for your cooperation. j RUSSELL ,tYo�oIFaI fi�or�` JAMES A. RICHTER, R. . SCOTT A. �►,� SUPERVISOR ENGINEER TOWN OF SOUTHOLD,NEW YORK 11971 631) TOWN HALL- 53095 MAIN ROAD Fax. (631)-765-9015 0 `�'`v Tel.(@T-765-1 ,y 4� JAMIE.RICHTERQTOWN.SOUTHOLD.NY.US �p1 �A OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H.Sidor November2.2010 Chairman-Planning Board Town Hall,53095 Main Road Southold,New York 11971 Re: Beach Plumb Homes Subdivision Blossom Lane,Southold,NY SCTM#: 1000-69-03-10 Dear Mr.Sidor. As per a request from your office, I have inspected the minor subdivision for the above referenced project, In addition to itftstrecentsite inspection,,I,have also.reviewed this project site with.the Highway Superintendent to corroborato,41q statusiof this project: I have been asked to review this project in an attempt to reduce the overall bond estimate in a ritanner that would reflect all of the work that has,b..een'eomple„,ted to-date., . t At this time, 1t ewauld appear that the.only incomplete construction Item would .be the placement of the Asphalt Wearing Courser Cum3r>tly,all.of the previously completed and approved construction items appear to have been maintained in a satisfactory condition: With regard,to the requested Bond reduction I would recommend the following: 1. Reducing the Bond amount down to the cost item listed-for the Asphalt Wearing Course would be considered consistent with Town policies. 2. Due to the current time frame under which this project has progressed, I would recorTimend establishing an additional 5% retainage based on the original Bond amount to cover some of the potential replacement.costs that may be required in the future. One example would be the replacement of Street Trees if they are not maintained properly- If you have any questions regarding this requested bond reduction,please contact my office. Syrrt�rery, I � ames A.Richter,R.A. 7�E SERVICE INSURANCE COMPANY, INC. 80 MAIN STREET,Sm FLOOR, WEST ORANGE,NJ 07052 Telephone(973)731-7650 SITE IMPROVEMENT PERFORMANCE BOND Term:9i161200G-9/ GM 07 and shall be renewed annually until released by Obligee. KNOW ALL MFN BY THESE PRESENTS: BOND NO.18M That We FLOWER IM-1 BUILDING COMPANY,'as Principal,and Christian Uhl,Thomas Uhl,and Virginia Uhl as Co principals and THE SERVICE INSURANCE COMPANY, INC., 80 MAIN ST., WEST ORANGE, NJ 0705% a New Jersey Corporation authorized to do business in the State of New Jersey,as surety,are held and firmly bound unto TOWN OF SOUTHOLD NEW YORK as Obligee,m the sum of SEVENTY FIVE THOUSAND FIVE HUNDRED FORTY SIX DOLLARS AND 00/100 CENTS($75,WM),lawful money of the United States of America,for which payment well and truly to be trade,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally firmly by these presents. SIGNED,SEALED-AND DATED THIS ISEODay of SFPTEMBER,2006. Whereas, the Principal has entered into an agreement with TOWN OF SOUTHOLD NEW YORK,as Obligee, guaranteeing only that the Principal will complete site improvements for certain site plan entitled FLOWER HILL SUB DIVISION MI&ONDIVISIOW IDIPROVEMENTS PER THE ENGINEERS ESTIMATE FOR JUNE 19,2006 all of which improvements dbmll be completed on or before the date set forth in the agreement. Now, therefore,the Condition of this obligation is such,that if the Principal shall carry out all the terms of said agreement relating to the site improvements only and perform all the work as set forth therein all within the time set forth in said agreement,then this obligation shall be null and void,'otherwise to remain.in full force and effect. This bond is not transferable or assignable. No party other than the Obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety of the Bond Obligation set forth herein shall not exceed the penal sum hereof for any cause or reason whatsoever,inclusive of attorney's fees or other oasts. Exclusion:This bond and any related bonds do not cover site improvements that have been peed by papal pnor to the issue date of this bond Exclusions include Contaminated soil as.wd& BOND N0.1W5 Attea By • FLOWER HIII BUILDING COMPANY THE SERVI INSURANCE COMPANY,INC. Attest:_ 'f /� By .8 a ,ATTORNEY 1N FACT 5ubf ./ Sabatino, Alyxandra K. To: flowerhill@verizon.net Subject: RE: Beach Plum Homes Subdivision From: flowerhill@verizon.net [ma ilto:flowerh ill @verizon.net] Sent: Monday, July 21, 2014 3:02 PM To: Sabatino, Alyxandra K. Subject: Re: Beach Plum Homes Subdivision Dear Ms. Sabatino, As advised,this is a formal request to the Planning Board to review the remaining bonded items for Beach Plum Homes. D U((a E2If you need any additional information, please don't hesitate E. L-V� to contact us.Thank you for your help in this matter. FLOWER HILL BUILDING CORP. JUL 2 3 2014 Thomas E. Uhl Southold Town Planning Board 1 DECREASE RIDER To be attached to and form part of Bond Number 18655 effective September 15, 2006 issued by the The Service Insurance Company in the amount of Seventy-five Thousand Five Hundred Forty-six Dollars And Zero Cents DOLLARS ($ 75,546.00 ); on behalf of Flower Hill Building Corp. , as Principal and in favor of Town of Southold , as Obligee. Now therefore,it is agreed that: We, The Service Insurance Company , Surety on the above bond,hereby stipulate and agree that from and after the effective date of this Stipulation,the Penalty of said Bond shall be decreased FROM: Seventy-five Thousand Five Hundred Forty-Six------- ($ 75,546.00 ) TO: Eleven Thousand Four Hundred Seventy Seven------ ($ 11,477.00 ) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 24th Day of January 2011 Signed,Sealed and Dated this 31St Day of January 2011 Flower Hill Building Corp. (Principal) By: The Service Insurance Company (Surety) By' G'l �SrC� J Itia Denese Thompson 1 Attorney-In-Fact I i 8-2127/GE 2198 XDP 1 Individual Acknowledgment i State of County of On this day of , 20 , before me personally came to me known., and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she. executed the same. My commission expires Notary Public Corporation Acknowledgment State of County of On the day of before me personally came to me known; who being by me duly sworn, did depose and say that he/she/they reside(s) in that he/she/they is (are)the of the , the corporation described in and which executed the above instrument; that he/she/they know(s) the seal,of said corporation; that the seal affixed to said instrument.is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/her/their name(s) thereto by like authority.. My commission expires Notary Public Surety Acknowledgment State of New York County of Nassau On.the 31st day of January, 2011 personally came Denese Thompson to.me known ,who being by me duly sworn did depose and say that he/she is an Attorney-in-Fact of The Service Insurance Company, Inc_. in and which executed the above Instrument know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she/they signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this offic nder the standing resolution thereof. TARA LAVERDIERE Notary Public, state of New York No.01LAG076687 Qualified in NasWO My commission expires CommissionExpir No ry Pub BOND NO. Expires December 31,2011 THE SERVICE INSURANCE COMPANY,INC. POWR,OF ATTORNEY KNOW ALL`MEN BY THESE PRESENTS: That THE SERVICE INSURANCE COMPANY,INC;;80 Main Street#330,WesG_Orenge,NJ 07052- a corporation of the State of New Jersey,hereby make,constitute and appoint Glen T.Burger, Treasurer,and lames S:Burger,President,in pursuance of authority granted by Article VI11,Section 7 of the By-Laws of said Company,which reads as follows: "CONTRACTS The Board of Directors may authorize any officers,to execute any surety bond instrument in the name of and on behalf of the corporation 'rind such authority may be,gerieral or conflned.to_specific insiances." Does`hereby nominate constitute attd appoint Glen*,r.Burger and James S Burger,its true and lawful,agents and,Attorne (s) In Fact to make execute,seal'and deliver for,and omits behalf as surety,and its act and deed: any and all bond undeitakmgs;nd one bond to e:ceed an aggregated penal , sum liability of$2,000,000.00(Two Million Dollars). IN WITNESS WHEREOF,IFiesaid Treasurer and President.have hereunto subscribed thetcnames and-affixed the...Corporate Seaf of lhesaid 1 he Service lnsurance Company [nc,this 22nd day of[ebruary'A D 2Q09 SER,• . VIC CC COMPANY INC B ..,. .... ...... GLEN T.BURGER TREAS R JAMES S.BURGER PRE SIDE N'I' ; STATE.OF NEW,JERSEY ). SS CITY OF WEST ORANGE ) On this 22nd day of February,A.D.2009,before the subscribed,a Notary Public.of the State ofNew Jersey,duly commissioned and qualified, came the.above named Treasurer and President of•The Service Insurance Company,•Inc.;to me personally.known to be the individuals aqd officers d,yscribed.: in and who executed the preceding instrument,and they each acknowledge the execution of tie same,and being by me dulysworn severally and each for himself deposeth.the saith,.that they are the said.officers of the Company aforesaid,and that the seal,is,affixed to the preceding,instruments,is the:Corpoi at1 Seal of said Company,and thai the'Corporate Seal and their signatures as such officers were duly affixed and subscribed to the instrument 6y.lhe authority and direction.ofthe said Corporation. marie E.C,enquelm Notary Public stato of 1, - .x � _ ��--------------- My(tlfaiiwon 1041MNotary Publi6d thctSlatq ofNew+Jerky CERTIFICATE June., 012 I,the undersigned,President of The Service Insurance Company,Inc.,The Company; do Hereby certify that the original Power oirAt bmay in��:hu h tile,• forgoing is full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that tlte•Presirtentn+lw executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney in Fact:as l3?o �. iW itl.Atticle Vlll,Section 7,.ofthe By-Laws ofThe Service Insurance Company.Inc. This Certificate.may be signed by facs►mile;;undcr and by authority of the following resolution ofthe Board of Directors:ot The Service Insurance Company,Inc. _ Resolved: "That the facsimile or mechanically reproduced signature of the Company President,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed:' DENESE.THOMPSON,LO.UIS J.SPINA,41M.SPINELLO,PHILIP St',MUEL,S, FurfhermorerTheComppnvanooint(s) MARNIB:GINSBURG of ATLYNX SURETX]3AOI E}3S, Insuf3nce`AgenCy to act as Limited Attorney in Fact to make;execute Seal and deliver for aiid on their. behalf bid bonds not to exceed$100,000 in face amount and performance bonds not to exceed$1,000,000 in contract amount.`Said Limited Attorney(s)in Fact shall obtain prior approval confirmed in writing from the Company with a bond number provided by the Company's home office prior to issuing any bonds. Said Limited.Attorney(s)in Fact by..ezecuting the;attached,bond, hereby represents and-warrants under.-oath that the Company ii%as,granted him/tier prior approval and furnished the bond number for the attached bond,which`has been logged and . recorded at.the Company's home office.The Companyshall not•cover,honor or pay any'claims for unauthorized.bonds, and the Obligee may confirm the validlty`of the attached bond on receipt by contacting the.Company in writing at 973 731-7889(fax)or Jburcter(aD-serviceinsurancecompany.com. IN TESTIMONY WHEREOF,[.have hereunto subscribed my name and affixed the Corporate Seal of the said Company,this 31 St ;day of January 2013 - �L - -- -- COMPANY EMBOSSED CORPORATE SEAL MUST f� Original Signature of'Limited Attorn y m Fact APPEAR ON BOND FORM AND POWER OF ATTORNEY THE SERVICE INSURANCE COMPANY (Statutory Basis) STATEMENT OF ADMITTED ASSETS, LIABILITIES SHAREHOLDER'S EQUITY AS OF DECEMBER 31,2009 ADMITTED ASSETS Gash&Cash Equivalents&Short Term Investments 2,848,596 Common Stocks 124,113 Bonds 6,922,040 Interest Income Receivable 59,565 Premiums&Agents Balances 321,987 Amounts Receivable from Reinsureres 142,867 Current Federal Income Tax Recoverable 6,850 Net Deferred Tax Asset 45,100 TOTAL ADMITTED ASSETS 10,470,118 LIABILITIES&SHAREHOLDER'S EQUITY LIABILITIES Losses&Loss Adjustment Expenses 1,029,782 Other Expenses 170,545 'Taxes,licenses&fees 76,392 Federal Income Tax - Uneamed Premiums 816,821 Amounts Withheld or Retained:by Company for Accounts of.Others 3`.839,133 Miscellaneous 995 Total Liabilities 51933,668 SHAREHOLDER'S:EQUITY Common stock,par value$20 per share 60,000 shares,authorized,issued.&outstanding 1,000,000 Gross Paid-In&Contributed Surplus 83g,198 Unassigned funds(surplus) 2,058,674 Total Shareholder's Equity 4,536,450 TOTAL LIABILITIES&SHARENOLDEWS EQUITY 10,470,118 STATE OF NEW JERSEY ' SS COUNTY OF ESSEX ) 1,Ja s S iturger,President of Service Insurance Company,Inc.,do hereby certify that the above/s:a true statement of s liabilities of said Corporation as of December 31, 2009. a es S Burger,President STATE OF NEW JERSEY ) SS COUNTY OF ESSEX ) Subscribed and swam before me,a N66ry POblfc,State of New Jersey,in the CoU_nty of Essex,this 1st day of March,2010. a t j p Newt� N ary Public' j0omm�°�° taoo 4, i i 1g M SCOTT A. RUSSELL �9 � JAMES A. RICHTER, R.A. SUPERVISOR _ ENGINEER TOWN HALL - 53095 MAIN.ROAD...—..--•.——--°'=-- 1 TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765 9015' ' �,._ .., ,� ' Tel.(631)-765-1560 U e JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US y t 1 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 7..............._.-.-.._ - _ ... A,�_.-..sw-•--�...,...... . HO;MaS'4<t••TJR'rr.:Frin4AAr. .I 1 i Jerilyn B. Woodhouse kJ 9' 2 0,08\ Chairperson - Planning Board Town Hall, 53095 Main Road. Southold, New York 11971 2 5 2008 i iI< U1 JUN Re: FLOWER HILL SUBDIVISION — Aka -"Beach Plum Homes" Blossom Lane, Southold, New York -- SCTM #: 1000-69-03-10.1 Dear Mrs. Woodhouse: For your use&information, enclosed please find an inspection report for the above referenced project. 1. The Clearing, Grubbing and Grading operations have been completed. in a satisfactory manner. 2. Drainage Structures have been installed, in their required locations,in a satisfactory manner. 3. Concrete Curbing has been installed. A small portion of the curbing was out of alignment and the.fine grading for road pavement had to be adjusted to accommodate.flow lines.to prevent standing water in the roadway. 4. RCA sub-base material and the Asphalt Base Course were placed in a satisfactory manner. Recent rainfall events show that the pavement flow lines are adequate and that no standing water was present after a typical rainfall. 5. The utilities for the Subdivision have been trenched and connected to the existing utility mains on Jasmine Lane. The installation of utility work had temporary patching but it is not considered adequate. The trenching of new Gas Main through Blossom Lane was very rough and will require additional work. When this required patching of Blossom Lane is completed and approved by the Highway Superintendent,this entire section of existing Town Road. must be resurfaced along with the wearing surface for the new roadway. All work must meet the final approval of the Highway Superintendent. If you have any questions regarding this inspection report lease contact my office. inc ely, �2 ames A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) i 'y 'l + I }av 'AQ a r y,F S ss. r _ .v A. , 1 r � •'i2•�i'ir� f '�`e ' to F ., ♦f`e-t91; �.,'i��§g,Cffi }� /.��� , ,fir tir 4Al AA '% .�I;It��lt�rp •� ,r1; 1�7 � �l y'e.�p'dir�/J, a ,1f ° � �I OW n \ % i;X- •Q .i 11 w I ,t . "' Kf ��. "ter} � Z,♦ r Page 1 of 1 t1 x, • ry may .,. -���✓—�.. a . "/••� '' M ZII ice" I 1, i\�,\� �i:'.t�¢ file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE01... 4/12/04 Page 1 of 1 file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE01... 4/12/04 Page 1 of 1 p ! 40 i 4.mac. file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\l MAGE01... 4/12/04 Page 1 of 1 fi i � 1 f file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE01... 4/12/04 Page 1 of 1 ! .I dr Its rt .+� �. I. � • . . was: ' t qua file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE01... 4/12/04 Page 1 of 1 Vi i l.'I•i.i _. �y.a •..yam.. a / 60.• 4 file:HS:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE01... 4/12/04 Page 1 of 1 � by 1 file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE00... 4/12/04 Page 1 of 1 s� .J file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE00... 4/12/04 Page 1 of 1 £t k file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE00... 4/12/04 Page 1 of 1 ro Ott file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE01... 4/12/04 `.'bRS DIVISIOI` 5 OR ,r� r ON — LCC ' SC Iz 110010- IN MINOR SUBDIVISION (NO ROAD) /C t�rle aoplicaton received V / -(3,do EAF -/4� �G cb,�i cr�zs Application reviewed at work sessionI'm`I oK -- IWroL' oK Applicant advised of necessary revisions -�� Revised sub mission received 1'(6-0( "O` �=IHro. oK [�< _IKFUL oK Sketch plan approval o �6 -with conditions ct � Lead� � Agency Coordination SEORA determinationgC;lor,L = Sent to Fire Commissioner No r,mWAk L �- - Receipt of fireweil location =a 0 Notification to applicant to include on final map ------------------ Sent to County Planning Commissior�C,�L � r� , Receipt of County Report I m` oK le Review of SCPC report Draft Covenants and Restrictions received Itla oK Draft Covenants and Restrictions reviewed o oK Filed Covenants and Restrictions received _z! q 1 Receipt of mylars and paper prints with Health approval . Final Public Hearing Approval'of subdivision _ -with conditions j i IidorSCmerti Of Sii`udivisioa 113 f 4 1415-2 (2/87)-7c -I 617.21 S EQ R Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. - El B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ( Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 - PART 1—PROJECT INFORMA )N Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered, as part of the application for approval and may be subject to further verification and public review. Provide any additiona!( information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Miane S -6r Atliter Je � C ae,fley LOCATION OF ACTION(Include Street Address, Municipality and County) r 'fdp_ (Orealon RA. t I oo' *jl BrilRe L.C... C LAt NAME OF APPLICANT/SPONSOR BUS NESS TELEPHONE ADDRESS c e16 w t oe_ Ew GS -e,a P. CITY/PO STATE ZIP CODE 1�6x to 2 1 1195-L NAME OF OWNER(If different) BUSINESS TELEPHONE r. t�. � r oe�1 er c b'SI ) a•q 8- 835 ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION SUDD�V�n � y.653 AcAt Sound{,.-�n-� # 1 : z . 933A 4'. 2••' (. -71 q A. Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ,KRural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: 4, (0 Jr3 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested 3.2 89 acres 3 • 2 8f acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) slopes bevel, .25 4==3+ • acres Rsy acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) r41 rl r ocad W QL� 5/ acres 51 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ❑Well drained 100 % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? �_ acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes No a. What is depth to bedrock? (in feet) 2 5, Approximate percentage of pro[ J project site with slopes: T%0-10% _ % 010-15% % $15% or greater % Nu,(�]/ 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes KNO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ®No 8. What is the depth of the water table? b2• (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes ®No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes &No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes IANo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes ❑No Describe a I u-�-� 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes IgNo If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes ®No 15. Streams within or contiguous to project area: r%N n a. Name of Stream and.name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Soun j b. Size (In acres) 17. Is the site served by existing public utilities? Yes ®No a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ❑No bj If Yes, will improvements. be necessary to allow connection? Dyes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes I4No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes RNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ®No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: 5•6.5 3 acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: 4 ' , (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing — proposed g. Maximum vehicular trips generated per hour < (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 7.. i. Dimensions (in feet) of largest proposed structure height; width; length. nth j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 R 25. Approvals Required: Submittal Pe Date City, Town, Village Board ❑Yes ISNo City, Town, Village Planning Board IXYes ❑No /"dliirnOV, sob. er 114 City, Town Zoning Board ❑Yes ®No City, County Health Department 1Yes ❑No So bd ITV is10r- _ I aq9 Other Local Agencies ❑Yes IANo Other Regional Agencies ❑Yes ❑No State Agencies IfiYes ❑No DeA— -er-"r Federal Agencies ❑Yes [�INo _ C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ®Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ®subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? 2 -,go 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 50.me 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? s l d6 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? •MYes ❑No 7. What are the predominant land use(s) and zoning classifications within a 1/4mile radius ofproposed action? R 20 awd A -C IrU r cd - a.4rkc-u,I 1•ur;J 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? LKYes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 1. :3 14 A 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes &No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Dyes ONo a. If yes, is existing capacity sufficient to handle projected demand? Dyes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes 4SNo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify that the information provided above: is true to the best of my knowledge. Applicant/S so Name C,+D+62rN — 14.v o Date 2� Signature Title If the action is in the Coastal Area, and you are a state agency, complete the 10astal ssessment Form before proceeding with this assessment. 5 2. How much natural material (i ock, earth, etc.) will be removed from site? tons/cubic yards 3. Will disturbed areas be reclaimed? Dyes ONo [�N/A „ a. If yes, for what intend...* purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONo / c. Will upper subsoil be stockpiled for reclamation? OYes . ❑No e 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes I iNo 6. If single phase project: Anticipated period of construction �— months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? OYes ONo 9. Number of jobs generated: during construction _; after project is complete 10. Number of jobs eliminated by this project �- 11. Will project require relocation of any projects or facilities? ❑Yes VNo If yes, explain 12. Is surface liquid waste disposal involved? OYes 5 No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged h` 13. Is subsurface liquid waste disposal involved? Dyes ONo Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes KNo Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes WNo 16. Will the project generate solid waste? .❑Yes' ANo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Dyes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Oyes WNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes MNo 19. Will project routinely produce odors (more than one hour per day)? OYes ,&No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes *0 21. Will project result in an increase in energy use? OYes [ANo If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity 30 gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. E 24. Does project involve Local, State or Federal funding? OYes f%N0 If Yes, explain 4 Part 2 �ROJECT IMPACTS AND THEII IAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 ' Small to Potential Can Impact Be =� IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to the project site? Impact Impact Project Change Examples that would apply to column 2 ONO DYES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ El Yes ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ El Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ El Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes El No • Construction in a designated floodway. ❑ ❑ El Yes El No • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect t.. _..1y ur:ique or unusual land forms found on _ the site? (i.e., cliffs, dunes, geological formations, etc.)❑NO DYES t • Specific land forms: ❑ ❑ ❑Yes ❑No 6 1 2 3 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ❑NO ❑YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ El Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts:, ❑ ❑ ❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ❑NO ❑YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ El Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ El Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes El No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes El No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes ❑No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 1 2 3 Small to Potential Can Impact Be Moderate" Large *'Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ El Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed S lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas. • Other impacts: d ❑ ❑Yes El No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO ❑YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes ❑No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ❑NO ❑YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes El No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 2 3 [Moderate mall to.. Potential Can Impact Be Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ El Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g.;subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 . -Will proposed action affect aesthetic resources? ONO DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ El Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO OYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ El Yes El No • Other impacts: ❑ ❑ El Yes ❑No 9 1 2 3 IMPACT ON ...:iNSPORTATION Small to Potential :Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ❑NO ❑YES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes El No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - ❑NO ❑YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes ❑No facility. s • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ El Yes ❑No ambient noise.levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ El Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes ❑No substances(i.e.oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ ❑Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one rnillion or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes El NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes El No 10 2 3 IMPACT-ON GROWTH AND CHARACTER Small to' ' Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change ONO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ El Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ - ❑ ❑Yes []No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes El No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes El No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 14-14-11 (2r87)-9c 617.21 SEQR • Appendix B Otic2te Environmental Quality eneview „ Visual EAR' Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 '/a-'/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? • National Park Service lands? ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) ❑Yes ❑No 3. Are any of the resources checked in question 1 used by the public during the time of year Cduring which the project will be visible? ❑Yes ❑No 1 ^ DESCRIPTION OF EXI.:,...YG VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a mile *I mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond ❑ ❑ Cliffs, Overlooks ❑ ❑ Designated Open Space ❑ ❑ Flat ❑ ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *'/z mile El Yes El No *1 miles ❑Yes ❑No *2 miles El Yes El No *3 miles El Yes El No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ ❑ At a residence ❑ ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ 2 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be l '.1).h0.(...�?�?b�.1,V,1�l,��J„�q✓„YVl �llC�pn �a �Jy .Qx%d...Oaeae...ba x.Lew...3 oaJIa..... . . .... .. .. .. ..... .... .. .. .. .. ........ ... . ...... . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under, deeds recorded in Suffolk County Clerk's office as follows: I Liner . ...-.1.Q .�. .... . ... . Page ... .1.1.7 ...... .. .. . On . ..�Q.�.i.1.1.�.� .... .. .. . . ; Liber . .......... ............. Page .. On . ...... . . . . .. .... .. . . . Liber . .. ...... .. ... ....... .. . Page . .. .. .. .. .. ... . .. .. .. . On . Liber . .. .. . ... .. .... .. .... . . . Page . .. .. ...... ... . .. .. ... On Liber ......... .. ............. Page . .. .. .. .. . . .... .. ..... On ... .. .. . . .. .. .. . . .. .... as devised under the Last Will and Testament of .... . .. .. . .. . .. .... .... .. .. .. . . .. . . .... or as distributee . .... .... .. ........ .. .. .. .. . . .... .. . .. . .. .. .. .... .. ......... ... ... .... . . ... .. .. .. ..... . .... .. ............1..I............ . . . . . . . . ... . . .... .. .. .. ..... .. . .... .... ......... . 5. The area of the land is ..... :�5 ... . acres. 6. All taxes which are liens on the'land at the (late hereof have been paid . . . . .. ...... . . . . .. .. .. .. .. .. .. . . . . .. .... .. ....... ........... . . . . . . . . . . .. .. . . .. . . .. . . .. . . . . .. ..... . . ...... .. . 7. The land is encurribered by . .. .M.Q.. .. .. .. .... . . .... .. .. . .. . . . .. .. .. ..... . .. . .. ... .. .. . mortgage (s) as follows: (a) Mortgage recorded in Liber . .. .. .. . . . . . . . Page . .. .. . . .. . . . . . . . . . in original amount of $. . . .. . . .. . . . . . unpaid amount $ . .. .. . . . . . . :. . .. . . . . . held by . .. .. .. . . .. .... . . . . . .. . . ... . . .. . ... . address . .......... . .. .. . . .. . . . . . . . . . . .. .. . . .. .. .. .. .. .. .. ... .... . . . . . . (b) 11Zortgage recorded in Liber . .. . . . . . . Page . . . .. . . . . . . .. . . . .. .. .. . in original amount of . . . .. . . . .. . .. . unpaid amount $. .. .. . . . . .. .. . . .. . .. . . held by . .. .. .. .. .. .. . . .... .. . . .... .. .. .. .. . address . .. .. ... ........ . . . .. . . . . .. . . . . .. . . . . . . .. . . .. . . .... .. . ... .. . . .. (c) Mortgage recorded in Liber . . . .. .. . ..... . Page in original amount Of ... .... .. .. .. . unpaid amount . .. .. .. .... . held by . .. .. .. ...... ...... ... ............... .. ..... address 8. There are no other encumbrances or liens against the land-e*eept- n. . .. .. ... ..... . 9. The land lies in the following zoning use districts . .. ..R.-.20.... .. .. .... .. .. .. ... .. . ....... ...... .... .. .. .. . . .. . . .. .. .. .. .... . . .. .. ... . . . .. ... . .... .. .. .. ..... ... . ...... ... . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, e--.- ee. ... .. .................... ........... . . .. .. .... ........ .. .......... . .. ...... 11. The applicant shall at his expense install all required public improvements. 12. The land (%low) (12E2 not lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by . . . . .. .. .. .. . . .. .. .. .. .. . . .. .. ..... ...... . . . .... . . ... . and (a) (no) charge will be made for installing said mains. b 14. Electric lines and standards will be installed by . ...N.LA. .. .. .. .. ...... .. . . .. ........ ... ... .. ........ .. ...... .. ....... .. .. . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ... .. .. .. and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Ilighway system, annex Schedule "B" hereto, to show same. 2 P-%) 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. 096670AJ 904t 15 W VrH1N THe -rovuN Hwy 18. There are no existing buildings or structures on t'lie land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoinin- sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said pxisting 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 slimving all restrictions, covenants, etc. Annex Schedule "D"' L 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 ... .. .. .. .. . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ........... .... ''/ W- 2 01 A�7,1?� AXTL�..�.j..... .. .. .. . . (Na e of App ica B ...... .. ... (Signature an Title) - . . . .. .. .... .............. .................. . . .. . (Address) STATE OF NEW YORK, COUNTY OF . �!. .. .... .. ss On the . .... .. .. .. Z. . day of. .. .. ( �% a. .. ... Q(2, 19.. . . ., before me personally came ... ....... 4'ku � to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that .. . ./> . execute e s Notary Public. . . . . .. .. .. . MAII:A:MCKNAfd1 Notary Public,State of New York. No.52-464287* Qualifiein Suffolk Commission Expi es Sept.30,tyO% STATE_ OF NEW YORK, COUNTY OF . ... . .. . . . . . . .. . ... ..... .... . ss: On the ... . ... .. .. .. .. . day . .. .. .. .. .. . of . . . . . .. .. . . . ... 19....... before me personally' came . . . . . . . . ... .. . . . . ... ..... to me known, who being by me duly sworn did de pose and say that . .. .. .. .. ... resides at No. ..... .. .. ...... ........ .. .. .... ........ .. .. . .... . .. . . . . . . . . . . . . . .. .. ..... . . . . . . . . . .. . that . .. ... .. . ... . .. .. .. .. .. ... is the .� of . . . .. ... . ..... . .. . . . . .... .. .. .. . . . . .. . . .... . . .. .... .. .. ... . . .. .. . . . . . . . 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. :ir d that . . . .. . . .. . . . signed . .. .. ...... .. . name thereto by like order. .. . . . .. . . .. .. . . .. .... . . . . . ... . ... . ... . . . .. . . Notary Public SCHEDULE A - J_E&A I- Zj E SCX,% rTI O tJ ALL that certain plot, piece or parcel .of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon , (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swiatocha,. running thence North 47 degrees 49 minutes 00 seconds West and along said mentioned land a distance of 1,785.43 feet to the ordinary highwater mark of Lond Island Sound; running -thence on a course North 71 degrees .52 minutes 40 seconds East measuring 224.6Z. feet, along the ordinary highwater mark of Lond Island Sound to land now or formerly of Michael Gallagher; running thence South 47 degrees 06 minutes_ 40 seconds East, along the said last mentioned land, a distance of 567.67 feet; running thence North 51 degrees 44 minutes 30 seconds East, still along said last mentioned land, a distance of 70.96 feet; running thence North 47 degrees 06 minutes 40 seconds West, still along said last mentioned land, a -distance of 530.16 _ feet to ordinary highwater mark of Long Island ound; running thence on a course North 70 degrees 59 minuteJEsasVI easuring .129.24 feet, along the ordinary highwater to land now or formerly of Wesley Simcik; running .thence South 47 degrees 06 minutes 40 seconds East and along said last mentioned land a distance of 501.30 feet to a point; Running thence South 51 degrees 23-minutes 30 seconds West and along said last mentioned land a distance of 13 . 65 feet to a point; running thence South 31 degrees 32 minutes 00 seconds West and still along said last mentioned lands a distance of 16.83 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326.35 feet, thence - running South 47 degrees 49 minutes East a distance of 1128. 08 feet to the northerly line of Oregon Road; running thence South 51 degrees 44 minutes 30 seconds west a distance of 20.28 feet to the point or place of beginning. BAXTERS2 Southold Town Planning Board Town Hall Southold, New York 11971 way X -CA Goy/lam 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. Yours truly, APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Soutliold'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 necessa_y to avoid same. YOUR NAME: (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 Elie other person's or company's name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance variance Change of zone Approval of plat Exemption from plat or official map Other X (If "Other, " name bite activity. ) YY1►rlef S06 15In rN 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 business interest. "Business interest" means a business, including a partnership, in which Elie town officer or employee has even a partial ownership of (or employment- by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (Elie 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 spouse, 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 officer, director, partner, or employee of Elie applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP / Submitted th / day oEiS}9C50v. Signature �J P r I n I; n 71 me C f} jV,6F1&A,& J L`5 1,4 IVO SEGOR 14•16•4(12/97)--q 617.20 PROJECT ID-IUMSER APPENDIX C STATE ENVIRONMENTAL QUALITY iREVIEVV t SHORT ENVIRONMENTAL o ACTIONS ASSESSMENT FORM for nly PART I—PROJECT INFORMATION (To be completed by Applicant Or Project sponsor) 1. APPUCAN'11SPONSOR AND 2. PR JECT AM s(-(J/1J EST ?E_S 4Ji9M ,4f9XTE� /ON — ./f?NE QHx7(7R G'osc.tt�Ip — a. PROJECT LOCATION: Muni • all Count Su p�O•U� 4. PRECISE LOCATION:(Street address and read+ntersect�io^niis,prominent Landmarks,etc.,er pr d-.01 D PR 0I0 E,e Ty 1.5 o AJ CO. f rCo4w ay O ,E-�vt �' Sl�� off' O�eE�dn �6�D 1C7n" - � `� s. IS PROPOSED ACTION: eEsuh1nISAS/On d7" EX 1rcd ASKEJ�1 /�-6019 vi-New C Ex n6ion ❑ Mod{ticatlon/alteration `� G. DESCFUSE PROJECT BRIEFLY: /Q T �i E �P /C,:zn 4- 15' � �E/ 6�ca.ccsE �hE � �a'fs 9S s� P a�' - E s/nq/E pQrc�/ CARE �o /nEd only b 670) SOIL Iony, ftwe,fy 7. AMOUNT OF LAND AFFECTED. Initially _ acres Ultimately t acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR QTER N EXISTING LAND USE RESTRICTIONS? ❑ Yes )K No if no,describe briefly AqpP`/C=:-�AJ7S A/C.L UE 6&7 79�/AJE 10 A U/4/e/A/i CE L i2 orn L=•k/S 7-�'1-J E. 7Zc0 0 )q C.0 9. WFIAT iS PRESENT LAND USE IN V1CINITY OF PROJECT? j<Residentlat ❑ lndnatrisl CI Commercial ❑ Agriculture ❑ Pa ridForasVOpen Space. Q Other Deactibe. jot DOES ACT1q,'INVOLVE�PERMIT APPROVALrOR FUNDING,NOW OR ULTIMATELY P OM ANY OTHER GOVERNMENTAL AGENCY sFederal State or Loon!)? Yat O No if Y"•list agwy(s)and rem GJ FTC F}/►J D S Pb�Xm/T �Lt-G�D.�Ili C�d U-AJ N.y.S.�.�.C. — 77/ d A L � �C7nr o � i-��z� :s�e.u/cE S • �Su.,OD�Ut.s/a� ,,SourN bw 7-a tj Al 11 SP . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes C3 No If yes,fist agency name and permit/6130 val /;zD/�•,e?.t� D� f} PPEI�L S — v/a e/ yitJ GE 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? 0 Yee 9, _ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF.MY KNOWLEDGE j ApplleanUSpene ame ,2 i✓ /f} .Nd Date Slgrtature 111 the action is in the'Coastal Ares, and you an ra state apenCy, ComplatS the Coastal Assessment,Form betor� praeasding wNh,thit s.116699mnnt OVER 048 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this f�� day of /Z'll2,l�'1'i 1991, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate- at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072 , Block 2 , Lot 2.1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Liber 3975 at page 263 , a metes and bounds District description of which is shown on Schedule A attached hereto 1000 and made a part hereof, hereinafter referred to as the Section 072.00 "premises" . Block WHEREAS, the Declarant intends to subdivide said 02.00 premises for residential purposes and desires to subject Lot 002.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, 'r natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of MAR g the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the r subdivision of the premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, 9P6249 NOW, THEREFORE, the declarant does hereby declare that the aforesaid .premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth.. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2 . Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable 1121or'.", PC251 Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be j required. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and year first above written. B PIrIES INC. k By: 'ATE OF NEW YORK ss.: junty of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Pourt being a Court of Record)DO HEREBY CERTIFY that have compared the annexed copy ofAA6c.L -'LA::7 Cy- e -r.C� 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 of \-,A 19 4' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clerk. ,rm No. 104 12-109..12/89ce ILL-29PG250 structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure - proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be . modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. - ' - 11229P0252 SCHEDULE A lot, piece or parcel of land situate, ALL that certain p p of Southold, and being at Cutchogue, in the Town particularly lying more county of Suffolk and State of New York, bounded and described as follows: he BEGINNING at a point at a monument set intersected by line of Oregon . (North) Road, in t which p ly of John F. the easterly line of land now or former s 49 minutes o0 Swiatocha, running thence North 47 degree seconds West and along said mentioate=1markaof distance island se highwater 1837. 08 feet to the ordinary degrees 39 Sound; running thence on a course North 71 along the/.or sound t d now:' minutes 40 seconds East measuring 224.88 feet, ordinary highwater mark of Londrisland thenceSouth47 formerly of M along ichael Gallagher, the degrees 06 mi said last nutes 40 seconds East, thence mentioned land,d a distance of 609.79 feet; running North 51 degrees 44 minutes 30s dofE70.96astsfeet;arunning said last mentioned land, a diance still thence North 47 degrees 06 minutes d 0 secondse of 582t85 feet to along said last mentioned land, Island Sound; running thence ordinary highwater mark of Long on a course North 71 degrees 41 highwaterminutes ato land nowgor 130.08 feet, along the ordinary formerly of Wesley simcik; running .thence South 47 degrees 06 minutes 40 seconds East and along said mentioned land a distance of 552.22 feet to a point; Runing thence South 51 degrees 23-minutes 30 seconds West and along said last mentioned land a distance of 13 .65 feet to a point; running thence South 31 degrees 32 minutes 00 seconds West and still along said last mentioned lands a distance of 16.83 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326.35 feet, thence running South 47 degrees 49 minutes East a distance of 1128. 08 feet to the northerly line of Oregon Road; running thence South 51 degrees 44 minutes 30 seconds west a distance of 20.28 feet to the point or place of beginning. BAXTERS2 e P T O 's U ;H LD J - Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer- to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are there any wetland grasses on this parcel? Yes CO) (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes io 4. Are there any other applications pending concerning this property before any other department or agency? (Town , State, County, etc. ) es No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes N 6. Was this property the subject of any prior application to the Planning Board? es No 7. Does this property have a. valid certificate of occupancy, if yes please submit..a .copy of same Yes No I certify that the above statements are true and will be relied on the Planni g Board in considering this application. Signature of property owner or authorized agent da e Attachment to questionnaire for:.-the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the /'() day o f before me personally came cx to me known to be the individual described in-and who executed the foregoing instrument, . and acknowledged that ll� executed the same, Notary Public M.COER NOTARY PUBLRtIC,S to of New No.4801478 York _ Qualified in Suffolk County Commission Expires January Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/14/02 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $10,000.00 Total Paid: $10,000.00 Wj NOV 1, Luui s®uth®ld Town M's- ono, Boar Name: Gobil, Co. Baxter Sound Estates #1000-72-2-2.1 Clerk ID: JOYCEW Internal ID:64106 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/14/02 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $3,625.00 Check#: 1173 Total Paid: $3,625.00 NOV 1 Luu1 ' Ar Name: Baxter, Properties ; zs1+ v'�dJJJ4n rU 1030 East Putnam Ave. Greenwich, CT 06830 Clerk ID: JOYCEW Internal ID:64102 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/14/02 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $60,425.00 Check#: 67466750 Total Paid: $60,425.00 I�Z fir-- �"i4if�-"•� ` 7 5 NOV 1 LWL S®kit,Cj(:n) ' Ud� L `in LL ;�L�f� L�V L5 Name: Baxter, Sound Ests. 72-2-2.1 Clerk ID: JOYCEW Internal ID:64104 Town Of Southold J P.O Box1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/05/00 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $2,000.00 Total Paid: $2,000.00 I 4 OCT 0 6 luuu Southold Town Planning Board Name: Gobil, Co. Baxter Sound Estates #1000-72-2-2.1 A - C/3g Clerk ID: JOYCEW Internal ID: 18683 �, 1 suFFot�r ACCOUNTING&FINANCE DEPT. ��� OG TOWN HALL ANNEX John A.Cushman,Town Comptroller C� y� Feather Hill,Building 10 Telephone(631)765-4333 H 620 Traveler Street V I/ Fax(631)765-1366 W P.O.Box 1179 E-mail:accounting@town.southold.ny.us *4 �� Southold,NY 11971-0959 col �a TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR February 24, 2004 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road PO Box 1424 Mattituck NY 11952 Re: Baxter Sound Estates Dear Ms. Wickham: Pursuant to Town Board resolution no. 54 adopted on January 20, 2004, enclosed please find the Town of Southold's Agency & Trust check in the amount of$60,425 payable to William Baxter. This payment represents the release of the performance bond for the minor subdivision for Baxter Sound Estates. Please contact me should you require any additional information. Very truly yours, John Cushman Town Comptroller PPlainning cc: Elizabeth Neville, Town Clerk /Jerilyn Woodhouse, Chairman, Planning Board/ 2 5 2004 thold Town Board I y o�osuFFot,��o u� ELIZABETH A. NEVILLE �� G'y� Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 REGISTRAR.OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER ,L Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER y_701 �ao� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 52 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20, 2004: RESOLVED that the Town board of the Town of Southold hereby authorizes the release of a performance bond for the minor subdivision for the Baxter Sound Estates in the amount of $60,425.00 from the Agency and Trust Account, as recommended by the Southold Town Planning Board. 4 Elizabeth A. Neville Southold Town Clerk �g�fFO(,�►c � JOSHUA Y. HORTON =�°� °�y� JAMES A. RICHTER, R.A. SUPERVISOR y ENGINEER TOWN HALL - 53095 MAIN ROAD V, TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 y�O! �aQ� Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD November 12, 2003 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Baxter Sound Estates Oregon Road, Cutchogue SCTM#: 1000-72-02-2.1 Dear Mr. Orlowski: As per your request, I have completed a final inspection for the above referenced project. All required road construction has been completed in a satisfactory manner. The stone blend road surface has been graded with uniform slopes and contours have been provided at each catch basin to allow the drainage systems to function properly. All shoulders have been graded with topsoil and the seeding of these areas should be well established by early next spring. If you have any questions concerning this report, please contact my office. ;mes i tARA. pEPUE V E NOV 12 2003 Southold Town Planning Board I • v PLANNING BOARD MEMBkAS ��VFF0j/( D JERILYN B.WOODHOUSE P.O. Box 1179 Chair C y� Town Hall, 53095 State Route 25 CA Southold, New York 11971-0959 RICHARD CAGGIANO • Telephone (631)-765-1938 WILLIAM J. CREMERS G Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR �0.( `1►aO PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2004 Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane, in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms-Wickham: The Southold Town Planning Board, at a meeting held on Monday, January 12, 2004, adopted the following resolution: WHEREAS, the applicant has submitted a certified check, numbered 67466750, in the amount of$60,425.00, dated October 10, 2002 and issued by the North Fork Bank, as a performance guarantee for the Minor Subdivision Baxter Sound Estates; and WHEREAS, James Richter, the Town Engineer, performed a final inspection of the required improvements and has issued a letter of completion, dated November 12, 2003; be it therefore RESOLVED, that the Southold Town Planning Board release the $60,425.00 placed in a Trust and Agency Account as a performance guarantee for improvements and recommends same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson PLANNING BOARD MEMBERS O��$UFFO(�►CO P.O.Box 1179 JERILYN B.WOODHOUSE Chair o �� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO • Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR �0.( , `1►aO PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2004 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane, in Cutchogue SCTM#1000-72-2-2.1 Zoning District: R-80 Dear Ms. Neville: , The following took place at a meeting of the Southold Town Planning Board on Monday, January 12, 2004: RESOLVED, that the Southold Town Planning Board release the $60,425.00 placed in a Trust and Agency Account as a performance guarantee for improvements and recommends same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse . Chairperson �v�r o,.�v r o��S�FFO(,��Q rnT ELIZABETH A. NEVILLE _� G'y Town Hall, 53095 Main Road TOWN CLERK o - P.O. Box 1179 y REGISTRAR OF VITAL STATISTICS Southold,New York 11971 p� • Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �Q1 �a0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 738 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2002: RESOLVED that the Town Board of the Town of Southold hereby accepts the certified check No. 67466750 from North Fork Bank in the amount of$60,425.00 as a performance guarantee applied to the revised bond estimate for the completion of roads and other improvements in the proposed minor subdivision"Baxter Sound Estates" located at Cutchogue, New York, subject to the approval of the Town Attorney,be it further Elizabeth A. Neville Southold Town Clerk F R i+ 5 _. N 4 V 14 2UU1 w. a thol own r PLANNING BOARD MEMBERS O`QSUFF���COG P.O. Box 1179 BENNETT ORLOWSKI,JR.Chairman Town Hall, 53095 State Route 25 0`1` y� y 2 Southold, New York 11971-0959 IA RICHARD CAGGNO � Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS O`� Fax(631) 765-3136 'v�l � �a MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2002 Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side off�Ofegon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 .J f Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, adopted the following resolution: WHEREAS, the applicant has submitted a certified check numbered 67466750 in the amount of$60,425.00, dated October 10, 2002, and issued by the North Fork Bank as a performance guarantee for the Minor Subdivision Baxter Sound Estates; be it therefore RESOLVED, that the Southold Town Planning Board accept the certified check numbered 67466750 as a performance guarantee applied to the revised bond estimate, dated June 4, 2002, in the amount of$60,425.00 as determined by the Town Engineer and recommends same to the Town Board; and be it FURTHER RESOLVED, that the certified check is to be cashed and placed in a Trust and Agency Account. Please contact this office if you have any questions regarding the above. truly yours, Bennett Orlowski, Jr. Chairman LAW OFFICES WICKHAM,BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 1 I 1 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 November 25, 2003 Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates, Cutchogue,New York Gentlemen: I have been advised by Mark Terry that the Town Engineer has inspected the road and subdivision improvements and issued a satisfactory report. We therefore request that the $60,425. performance bond (cash deposit) be released by the Town to our client. Please advise if there is any further information required. Very truly yours, 'Ab'g 1 A. Wickham AAW/dm end 301shdtpbl cc: William J.Baxter,Jr. Daren Pfennig p C C E E DEC _ 1 2003 Southold Town Planning Board H01,J-L%-2n-03 09: rRLC BRESSLEF 53i 298 8565 TO:7653136 P.001/001 LAW OFFICES WICKHAM,BRESSLER,GORDON &GEASA, P.C. 13015 MAIN rZOAD, P.O.3OX 1424 WILLIAM WICKHAM(06-02) MA'rTITUCK,LONG ISLAND E.WC 1.BRESSLE,F' "NEWYORK IM2 M 13ROAD 110U.-OW ROAD AWMAIL A,WICKHAM SUITE I I I LYM M.GORDON' MELVILLE, NEW YORY,11747 JANETCTEASA BUTTAX'NO, 031-249-94-80 wwl5low@aol.com TELEFAX NO.631-249-9484 November, 25, 2003 Town, of Soatliold PL-m.nabw Boird Post Offlice Box 1. 1L, 53095 Main Road 0,,outhold,New York J 1971 Re: Baxter Sound Estates,Cittchogue,New York Cret�ticrn en: I have been advised by Mark Terry that.the Town,Eugiricer lass j,nspected the road ai*subdivisdo.n im request that the$60,425- performance pmverwits atid issued a satisfactory report. We therc.fore ri�q 1� board(cash deposit)be.released.by the Town to our client. Please advise if there Is wiyfurtber information req�ii.Ted. Very truly yours, 4�.1 A. Wj,,Aham. awl, -3(.bW)ftb) Co.- bareel LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 October 23, 2003 Attn: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates SCTM# 1000-72-2-2.1 Dear Mark: Congratulations on the arrival of your daughter. Now the planning begins in earnest! Enjoy it. I understand we are fortunate to have Jaime Richter back next week. I would appreciate your requesting him to make a final inspection on the Baxter Sound roadway. It has been completed and I would like to request the Town Board to release the bond. He may contact Daren Pfenning at 298-0234 if he requires any information. Thank you for your attention to this matter. Very t 1 yours,,, Abigail A. Wickham AAW/dm 30/shdpb cc:Daren Pfennig PLEC E ET 2 4 2003 Southold Town Planning Board f 4 . ��F►�* Highway Department Town of Southold Q �aa 275 Peconic Lane • P.O. Box 178 °f *tea Peconic, N.Y. 11958-0178 PETER W. HARRIS Tel. (631) 765-3140 Superintendent (631) 734-5211 Fax(631) 765-1750 MEMORANDUM TO: Mark Terry Sr. Environmental Planner FROM: Peter W. Harris T3 Superintendent of Highways DATE: October 10, 2003 RE: BAXTER SOUND ESTATES — STREET NAME REQUEST — SUFFOLK COUNTY TAX MAP # 1000-72-2-2.1 Please be advised, in response to your 10/8/03 memo in connection with the request from Baxter Sound Estates for a street name, that I have reviewed this matter and have determined there are no duplications of either of the requested names within the Town. Therefore, the names "Sunset Bluff Lane" or "Bluff View Lane" would be acceptable. PWH:jes rM 6c: -TVw-1J 'rF=E1J,--�;6 pE6 M 0 CT 1 7 2003 Southold Town � Yianning oueru � PLANNING BOARD MEMBERS OS�F P.O. Box 1179 .04e BENNETT ORLOWSKI,JR. OG Chairman c %, Town Hall, 53095 State Route 25 coo Southold, New York 11971-0959 RICHARD CAGGIANO v Telephone (631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Inter-Office Mail MEMORANDUM To: Peter W. Harris, Superintendent of Highways From: Mark Terry, Sr. Environmental Planner Date: October 8, 2003 Subject: Baxter Sound Estates — Request for Street Name SCTM#1000-72-2-2.1 Attached, please find correspondence from Daren Pfennig, Pfennig Construction Corp. regarding the above referenced matter. MT:ck att. a 1' \ '-nnig,Builder „�. Pfennig Construction Corp. P.O. Box 1331 Mattituck,NY 11952-09241-/v�� 631-298-0234 Phone 631-298-0235 Fax - � August 20, 2003 Baxter Sound Estates SCTM# 1000-72-02-2.1 Oregon Rd. , Cutchogue Re: Street Sign/Road Name Planning Board Members, We are hereby requesting the name ofthe Street to be"Sunset B1uffLane"with the alternative"Bluff View Lane".Please contact us as soon as possible. Thank you for your time in this matter. Sincerely, D e . Pfe cc: Wickham, Wickham&Bressler, PC. r - 8 2003thold Town Planning Board LAW OFFICES WICKHAM,BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I I LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 October 8, 2003 Attn: Mark Terry, Senior Environmental Planner Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Minor Subdivision of Baxter Sound Estates SCTM# 1000-72-2-2.1 R.O.W. off Oregon Road, Cutchogue,New York Dear Mark: Our clients have recently completed the subdivision road required by the Planning Board and would like to obtain the release of their$60,000 cash. We ask that you request an inspection of the Town Engineer in order to provide your Board and the Town Board with the necessary report to permit release of the funds to Mr. Baxter. It is our understanding that the Town Engineer is unavailable for an undetermined time, and we ask that if his return is not imminent, that another engineer be retained to address this matter. We are concerned that a delay in the inspection into the late Fall and Winter months could result in weather related consequences to tree road which would be the responsibility of the lot owners rather than the developer once the road is approved and the bond released. Very y yours, Abigail A. Wickham AAW/dm ® C E �f]end en 30/shdpb Cc: Josh Horton, Supervisor OCT 1 0 2003 Southold Town Planning Board Daren P. Pfennig, Builder Qe�e_ Pfennig Construction Corp. P.O. Box 1331 1VMattituck, NY 11952-0924 631-298-0234 Phone �.;,� ..,;�• o(, �.� .�; 631-298-0235 Fax August 20, 2003 Baxter Sound Estates SCTM# 1000-72-02-2.1 Oregon Rd. , Cutchogue Re: Street Sign/Road Name Planning Board Members, We are hereby requesting the name ofthe Street to be"Sunset BluffLane"with the alternative"Bluff View Lane".Please contact us as soon as possible. Thank you for your time in this matter. Sincerely, -D DUeP fe cc: Wickham, Wickham&Bressler, PC. DACE WE f: Y 1 = southold Town Planning Board r PLANNING TBOARD �K,JR„EIERS T ORLOW �O�QSUFF���COG p,0. Box 1179 Chairman C y� Town Hall, 53095 State Route 25 COD Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERSKENNETH L. O Fax(631) 765-3136 MARTIN H.SIDORDs 'l j dap! PLANNING BOARD OFFICE TOWN OF SOUTHOLD Inter-Office Mail MEMORANDUM To: Peter W. Harris, Superintendent of Highways From: Mark Terry, Sr. Environmental Planner Date: October 8, 2003 Subject: Baxter Sound Estates — Request for Street Name SCTM#1000-72-2-2.1 % i Attached, please find correspondence from Daren Pfennig, Pfennig Construction Corp. regarding the above referenced matter. MT:ck aft. Daren P.Pfennig:Builder T p,..j �,,, P��. 'rr►S Pfennig Construction Corp. P.O.Box 1331 Mattituck,NY 11952-0924 631-298-0234 Phone 631-298-0235 Fax August 20, 2003 Baxter Sound Estates SCTM# 1000-72-02-2.1 Oregon Rd. , Cutchogue Re: Street Sign/Road Name Planning Board Members, We are hereby requesting the name ofthe Street to be"Sunset BluffLane"with the alternative"Bluff View Lane".Please contact us as soon as possible. Thank you for your time in this matter. Sincerely, D e . Pfe cc: Wickham, Wickham&Bressler, PC. F ECE VE SEP - 8 2003 Southold Town Planning Board COPY LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITLICK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III 631-298-8353 MELVILLE,NEW YORK 11747 LYNNE M.GORDON JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 December 12, 2002 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates SCTM# 1000-72-2-2.1 —Oregon Road, Cutchogue,New York Dear Mark: Enclosed is the Declaration of Covenants and Restrictions required by the. Planning Board for subdivision approval,which has been recorded in the Suffolk County Clerk's Office on October 10, 2002 in Liber 12214 page 376. As soon as I receive the maps from the Health Department, I will deliver them to you. Very truly yours, C Abigail A. Wickham AAW/dm end 30/shdipb2 L-' J.AN 13 2003 IIIIIII IIII IIIII IIIII IIIII IIIII IIIII II IIIIIIIIIIIIIIII IIIIiI IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTIO Recorded: 10/10/2002 Number of Pages: 6 At: 04:41: 02 PM LIBER: D00012214 PAGE: 376 District: Section: Block: Lot: 1000 072 . 00 02 . 00 002 . 001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 . 00 NO Handling $5 . 00 NO COE $5. 00 NO NYS SURCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $4. 00 NO RPT $30 . 00 NO SCTM $0. 00 NO Fees Paid $77 . 00 m. THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 1 2 3 T RECORDED Number of pages �/ 20 2" Oct. 1i i 04:41:02-1 Phi TORRENS Edward PoRomaine 1 LE4i; OF SUFFOLK C.i_ifJti7"Y Serial# P --376 Certificate# Prior Ctf.# L Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling JAI 1.Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assit. Or EA-5217(State) Spec./Add. RP.T,S.A. �y TOT.MTG.TAX Dual Town Dual County Comm. of Ed. 5 00 Held for Apportionment Affidavit �,1_., r�+ Transfer Tax Certified Co it�� Mansion Tax C py --�d` The property covered by this mortgage is or `_ _ _� Reg. Copy will be improved by a one or two family Sub Total dwelling only. _� YES or NO Other GRAND TOTAL If NO,see appropriate tax clause on page# of this instrument. 5,. ROP Real Property Tax Service Agency Verification 6'. Community Preservation Fund r SUFFOLK Dist. Section Block Lot Consideration Amount $ COUNTY St 1000 072.00 02.00 002.001 CPF Tax Due UatQ-D Improved Vacant Land initials 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD Wickham, 'Wickham & Bressler, P.C. TD P.O. Box 1424 Mattituck, New York 11952 ETitle Company Information 91 Suffolk Count Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in WILLIAM J. BAXTER, JR. AND JANE BAXTER GOELLER SUFFOLK COUNTY,NEW YORK. TO In the Township of SOUTHOLD Y TOWN OF SOUTHOLD In the VILLAGE or HAMLET of CUTCHOGUE BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILE 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 10a' and on or before May 31". 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 Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N. Y. 11901 (516) 957-3004 (516)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson,N.Y. 11777 Shelter Island,N.Y. 11964 (516) 473-0236 (516) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (516) 324-2770 (516) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (516) 351-3217 (516)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip,N.Y. 11751 Southold,N.Y. 11971 (516)224-5580 (516) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk dw 2/99 1z-ota::2= r_ . C L I F F O D CLIFFORD CHANCE US LLP C H A N C E 31 WEST 52NO STREET NEW YORK NY 10019 6131 TEL +1 212 878 8000 FAX +1 212 878 8375 www.cliffordchance.com Kevin O'Mara Partner DIRECT TEL +1 212 878 3285 DIRECT FAX +1 212 878 8375 kevin.omara@cliffordchance.com August 30,2004 VIA FACSIMILE Mr.Joseph Manzi 3 1 200� AUG Manzi Homes,Inc. Southold down Dear Mr.Manzi: plane.0ZBoasd As we discussed, my wife and I own the property directly to the east of your proposed subdivision on Oregon Road in Cutchogue. When I saw your surveyor marking the proposed road immediately next to the existing road earlier this week, I called the Town Planning Board to find out the status of your project. In the course of this conversation, it became apparent that the Planning Board would have a strong preference for there to be a single road accessing your four lots, our lot and the two other lots currently served by our road. As we own all of the relevant portions of the current road, it would be within our power to grant you an easement over that road. This would obviously save you the expense of putting in a road, drainage, etc. to meet the Town's requirements, and it would preserve more of the remaining land for conservation purposes. It would also be much more aesthetically pleasing than having two side-by-side roads forming a 40-odd foot highway to the seven houses. For all of these reasons, and in an effort to address the concerns raised with us by the Planning Board, we would be willing to grant the easement to provide access to the four lots, on the following conditions: 1. Your firm will be responsible for any and all costs associated with any improvements to the existing road required by the Town in connection with the approval of you subdivision. Our road meets the Town's requirements for a minor subdivision, and would likely require few "upgrades" to serve the additional homes. Your firm would, of course, be wholly responsible for rectifying any damage to the road caused by your construction. 2. Each of the approved lots would be responsible for 1/7"' of the ongoing maintenance cost of the road. 3. Any structures on the easternmost of the four lots(adjacent to our property)will be set back at least 50 feet from our property line. 4. Prior to commencing construction on the easternmost lot, you will install a privet hedge of approximately 7 feet in height, and of a density that substantially blocks visibility of your construction from our property, on our property along the common property line with us from the 25' setback for 100'. C L I F F O R D - CLIFFORD CHANCE US LLP C H A N C E Mr.Joseph Manzi Page 2 August 30,2004 5. The portion of the road which serves only your 4 lots will turn off the existing road(at a right angle) at the point that the existing road turns to the east (thus forming a "T"), rather than running parallel to our lot. This is important to preserve a number of the existing trees, many of which are decades old, along the property line, which would interfere with the road (and may have to be cut) as it is now proposed. The Planning Board has expressed strong feelings to us about preserving the screening effect of these trees. Apart from the cost savings to you, and the benefits to us, eliminating a 45 foot swath of asphalt through the farm fields in front of both of our properties will help preserve the look and feel of Oregon Road for all of our neighbors. If you were to install a road exactly parallel to ours, of equal width,the resulting four lane road would be wider than most roads on the North Fork, other than the North Road. Please feel free to contact me if you would like to discuss any of this. You can reach me through my office at 212 878 3285. Sincerely, Kevin O'Mara cc: Southold Town Planning Board Submission Without a Cover Letter Sender: �i��J Subject: MT SCTM#: r000- Date:- � '0oo" comments: G`� l �V/ ) PLANNING BOARD MEMBERS �QSVFFo��CO JERILYN B.WOODHOUSE �o G P.O. Box 1179 Chair y Town Hall, 53095 State Route 25 cz y Southold, New York 11971-0959 RICHARD CAGGIANO • Telephone (631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.MARTIN H.SDS IDOR ®1 `1►�O PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 20,2004 Mrs. Patricia Moore,Esq. 51020 Main Road Southold,New York 11971 Re: Minor Subdivision of Baxter Sound Estates SCTM#72-2-2.1 Dear Ms.Moore: As discussed during the work session on April 19,2004,the Planning Board has agreed to lift the Stop Work Order for the L.Kevin Omara Jr. lot known as Lot 1 of the Minor Subdivision of Baxter Sound Estates for a period of one week,beginning on April 20,2004 and ending on April 27,2004. The lifting of the Stop Work Order is contingent upon the submittal of the below items as agreed upon by Mr.Ural Talgat of Samuels and Steelman, Inc. 1. The submittal of a grading plan for the area between the top of bluff�50' seaward of the top of bluff line. 2. The submittal of a remediation plan for the area within 50 feet landward from the top of bluff line and the areas south of the building envelope. The plan must propose to plant native vegetative species at high density. Please submit the above documents to the Planning Board at the April 26, 2004 worksession. Sincerely, Jerilyn Woodhouse Chair Cc: Planning Board Valerie Scopaz.Director of Planning Mr. Ed Forrestor,Director of Code Enforcement Kieran Corcoran,Assistant Town Attorney Submission Without a Cover Letter Sender: ► ' "° ► ��' Subject: l� � ) 5�,�. . ✓"`� �`- APR 1 4 2004 ScTM#' Y 00n— Southold Town Planning Board Date•:- -� L� Z 1 LI comments: �S l f- AV , . t \ ,If ..At 401 p t �%,: •! \�, w� �..'.y, ,7�•.fir �' ,.� . y� � .. ._ .R All lk a• i w w ilk vim 41, file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE00... 4/12/04 Page 1 of 1 may. w�� �!..��.:i. •` �i� *� ' k.. �f, PrbVa2, /.jc SO ` , file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\I MAG E01... 4/12/04 Page 1 of 1 �S C +�L :♦r�, �wi�' , ' �-B, ` rift '• - + � 1� __ ,,., - }r� r r La J 2 7� JS � C file://S:\Planning\Mark%20&%1.00raig's%2OFiles\4-13-04%2OBaxter 70ZOSound\IMAGE01... 4/12/04 Page 1 of 1 1. t ii u_ n� v�1-►^e �-- file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE00... 4/12/04 Albert J.Krupski,President ��� CMG Town Hall James King,Vice-President I` y 53095 Route 25 P.O.Box 1179 Artie Foster y z Southold,New York 11971-0959 Ken Poliwoda W - Peggy A.Dickerson y 0� Telephone(631) 765-1892 Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 22,2003 DE C E � WE E APR 1 2 2004 Mr. Thomas C. Samuels Samuels &Steelman Architects so�,�n�.d Town P!an�ing geart 25235 Main Rd. Cutchogue,NY 11935 RE: L. KEVIN O'MARA&ALEXANDRA R. O'MARA 14345 OREGON RD., CUTCHOGUE SCTM#72-2-2.1 Dear Mr. Samuels: The Board of Town Trustees took the following action during its regular meeting he]('-on Wednesday, October 22, 2003 regarding the above matter: WHEREAS, Samuels'& Steelman Architects on behalf of L.KEVIN O'MARA ALEXANDRA R. O'MARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 26,2003, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 22,2003, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS,the Board has considered all the testimony and documentation submitted concerning this application, and, 2 WHEREAS,the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS,the Board has determined that the project as proposed will not affect the health, -------------safety-and-general-w--lfare-afAhe-p-eople_ofthe town------- NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of L. REVIN O'MARA& ALEXANDRA O'MARA to construct beach stairs from top of bluff to beach and plant grass and other plants on bluff,with the condition there is no clearing seaward of the chain-link fence, and as depicted on the site plan prepared by Samuels &Steelman Architects, dated September 5, 2003. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid,if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$5.00 per inspection. (See attached schedule.) Fees: None Very truly yours, A �" ' G - Albert J. Krupski, Jr. President, Board of Trustees AJK/lms ,x 33 rakOw 1 �l _Board- Of_ __Southold_ Town rustees00 ; SOUTHOLD, NEW YORK =• 3 PERMIT NO. ... DATE: October 22. 2003 r , L. KEVIN O'MARA & ALEXANDRA R. O!MARA ISSUEDTO .....................:......................:................................................... Aut I' 4 ' Pursuant to the provisions of Chapter b I f h the Laws he the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- . a titled -"REGULATING AND THE PLACING OF OBSTRUCTIONS 1 IN AND ON TOWN WATERS AND PUBLIC LANDS and the 1r, REMOVAL OF SAND, GRAVEL-OR OTHER MATERIALS FROM . LANDS UNDER TOWN-WATERS;!•.: and in accordance w « October 22, - Resolution of The Board adopted at a meeting held on ........................... . l 2003 ' 200 0o aid b , and in consideration of the sum of �.- k4 L.Kevin O'Mara & Alexandra•R. O'Mara•.........:........................:........ 1•�N . ..................................... --. 4 h >' New York N. Y. and, subject to the ,g of -..----'.................................................................... . Terms and Conditions listed on the reverse side hereof, t3l . r of'S uthold Town Trustees authorizes and permits the following: « - Wetland Yermlt to construct beach.stairs from top oar bluff to the conditi F 1 a beach and plant grass and other plants on bluff,wi�h there is no clearing seaward of the chain-link fence, and as - depicted on the site plan prepared by Samuels & Steelman Arch. all in accordance with the detailed specifications as PPresented in • application. dated September 5, 2003. �+ .the originating pp , The said Board of Trustees Mere- . IN WITNESS WHEREOF, ` - by causes its Corporate Seal to be affixed, and these presents to ; a majority of the said Board as of this date. be subscribed 6Y -��• � 5�FF0'�C Artie Foster .4 .�1► ►� ' '�.ems TERMS and WNDMO S - - - _---- The Perzni L. Kevin O'Mara & Alexandra R: O'Mara 64 East 86th St. , New York, NY 10028 N. Y,, as residing at part of the consideration for the issuance of the Permit does understand and prescn to the fol- lowing 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claiass for damages, of suits arising directly or induady as a result of any open •tion performed pursuant to this permit, and the said Permittee will, at his or her own e4 nse, defend any and all- such suits-initiated by third per, and the said Pecmittee assuttxs full liability with respect thereto, to the complete'exdusion of the Board of Trustees of the Taws of Soud+old 2. That this Permit is valid for i period of 24 mm which is considered to bereq the estimated time'required to Complete the words involved, but should.cir w , ' est for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permitree wishes to'maintain the structure or project involved, to provide evidence to anyone Concerned that auth- orization was originally obtained / 4. That the work.involved will be subject to the inspoction and approval/of the Board or Its agents, and non-compliance with.the provisions of the originating applicitivn, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interfemce with the right of the public to pass and rqxm alaog the beach between high and low water marks. 7. That if future operations of the Town of Southold require the.removal and/or alterations ' In the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the. work shall cause unreasonable obstrudsoa to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Tows . Of Southold. 8. That the said Board will be notified by the Permittee of the Completion.of the work awh- orized. 9. That the Permittee will obtain all other permits and Consents that may be requiredd sup plemental to this permit which may be subject to revoke upon failure to obtain same. PLANNING BOARD MEMBERS O�Q$UFFO��►CO p.0.Box 1179 JERILYN B.WOODHOUSE .� G Chair a y� Town Hall, 53095 State Route 25 y 2 Southold, New York 11971-0959 RICHARD CAGGIANO • �� Telephone(631) 765-1938 WILLIAM J.CREMERS G KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR �Ol `1►aO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Southold Town Planning Board Valerie Scopaz, Town Planning Director Patricia Finnegan, Town Attorney Edward Forrester, Code Enforcement Director Michael Verity, Chief Building Inspector From: Mark Terry, Senior Environmental Planner `e Date: April 9, 2004 Subject: Minor Subdivision of Baxter Sound Estates SCTM#1000-72-2-2.1 On April 8, 2004, 1 performed a site inspection of the above property. Construction on site is not in compliance with two Declarations of Covenants and Restrictions filed with the Suffolk County Clerk: Liber D00012214, Page 376 and Liber 11229, Page 249. The applicant is in violation of the following conditions: Declaration of Covenant and Restrictions: Liber D00012214, Page 376 Condition 6: "No trees which are located outside of the building envelope and which are greater than 6 inches in diameter measured at breast height may be removed prior to approval of the Planning Board." The applicant removed trees s/o the building envelope and n/o the building envelope in areas that trees were to be retained. Condition 7: "Prior to construction on either lots, the limits of clearing on such lot shall be staked and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism." The applicant placed a turbidity fence and hay bales along the 100 foot setback line from the top of the bluff. The hay bale line seconded the northern limit of the building envelope. The applicant has cleared n/o the hay bale line up to a painted red line that t Page Two demarks a 25 foot setback from the top of bluff. The applicant also cleared s/o the building envelope. Declaration of Covenants and Restrictions: Liber 11229, Page 249 Condition 2: "Clearing or grading within each lot shall be limited to that necessary for siting of a house with the intent of preserving as much of the natural vegetation on site as possible. Limited clearing and grading will minimize runoff and erosion." The applicant cleared n/o the hay bale line that marked the northern limit of the building envelope. In addition, the applicant cleared outside of the building envelope in the southern, western and eastern areas. Condition 5: "Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge o//fthe bluff. Clearing and cutting within these areas shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure proper maintenance and preservation of the natural buffer." The applicant cleared and minimally graded the area No the hay bale line up to a demarked 25 foot setback from the top of the bluff. The Planning Board was not contacted to review the action prior to implementation. The Declaration of Covenants and Restrictions follow in their entirety. Please contact the Planning Department with any questions. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of 4'kl2-1 - 1991 , by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner in fee simple of a , certain parcel of land situate- at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072 , Block 2 , Lot 2 . 1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 7 19-55 in Libe./r 3975 a1c page 263, a metes and bounds District descriptioll" of whir-A is shown on Schedule A attached hereto 1000 and made a part hereof, hereinafter referred to as the Section 072.00 "premises" . Block WHEREAS, the Declarant intends to subdivide said 02.00 premises for residential purposes and desires to subject Lot 002.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of MAR 8 1991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning //0 Board of the Town of Southold for approval of the sub4ivi.si.on of the premises as a Minor Subdivision, to 1V c� �contain not more than two (2) lots or parcels , n� 11 29PC ,19 NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and. every portion thereof is hereby held and shall be conveyed subject to the .conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town fPlanning Board. 2 . Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable 122.E structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed f or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure - proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be . modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing . 112 29` 251 Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed. - this Declaration of Covenants and Restrictions the day and year first above written. BAX ER;OPTTIES INC. By: Prey f _ 1122W'252: SCHEDULE A ALL. that -certain- plot, .-piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swiatocha, running thence North 47 degrees 49 minutes 00 seconds West and along said mentioned land a distance of 1837 .08 feet to the ordinary highwater mark of Lond Island - Sound; running -thence on a course North 71 degrees 39 - minutes 40 seconds East measuring 224 .88 feet, along the ordinary highwater mark of Lond Island Sound to land now or formerly of Michael Gallagher; running thence South 47 degrees 06 minutes 40 seconds East, along the said last mentioned land, a distance of 609. 79 feet; running thence North 51 degrees 44 minutes 30 seconds East, still along said last mentioned land, a distance of 70. 96 feet; running thence North 6 degrdlas 06 minutes 40 seconds West, still along said le/st mentioned land, a distance of 582 . 85 feet to ordinary highwater mark of Long Island Sound; running thence on a course North 71 degrees 41 minutes East measuring 130. 08 feet, along the ordinary highwater to land now or formerly of Wesley Simcik; running thence South 47 degrees 06 minutes 40 seconds East and along said last mentioned land a distance of 552.22 feet to a point; Running thence South 51 degrees 23-minutes 30 seconds West and along said last mentioned land a distance of 13 . 65 feet to a point; running thence South 31 degrees 32 minutes 00 seconds West and still along said last mentioned lands a distance of 16. 83 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326. 35 feet, thence running South 47 degrees 49 minutes East a distance of 1128 . 08 feet to the northerly line of Oregon Road; running - .- --- thence South 51 degrees 44 minutes 30 seconds west a distance of 20. 28 feet to the point or place of beginning. BAXTERS2 . 11429Pb253 . W Corrrz�c�ic�c � STATE OF NEW Yo II) SS. : P&�60C l COUNTY OF tuU� d 1 ) On this day of 'I"!ftj ; �c�� in the year 1991 before me personally came to me known, who, being by me duly sworn, did depose and say that hef-sloe- resides at No. �D3o S� �rnc,t4rw- plc'/4,j f. that he/zh4e- is the FIBS/aX/'1 - of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument; nW� T--� i that it was so PJCP�� y forder of the Board of Directors of said corporation, and that he/s�re-signed his/4rer- name thereto by like order. fDj P� � JHnn�, a�ns r DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made the day of 2002,by William J. Baxter, Jr. and Jane Baxter Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart,Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingetno, Licensed Surveyor, and to be filed in the Suffolk �I f County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does -- --- - -herby al knewt� adrni pablish ovens a3id agree-that he13rt�i`e dese ibed iRSehedule ____..------.--- "A"annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs,executors, legal representatives, distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forthdn deeds of record. The common driveway for Lots 1 and 2--shall include the turn- aroui4area at the southwesterly corner of Lot 1 as shown on the, ap. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter,Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, one-half of such expense to be attributable to each lot, subject to any rights of contribution from the Gallagher property. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. i 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. _......----...._._..___..__4.-.-T-hat-no-app-lieation--for-a-building-perrnit-f-or--a-si-nglefamily--r-esidence--on-L--otl-or--L©t- ._.. _ shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17, 2002, or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant materi/-,,),I. 5. No structures are t6 be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism. 8. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229, page 24 remains in full force and effect, except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be .entitled.to_notice..aucl-.public-hearing-b-ut.his.consent to.such.modif cation_shall not be required IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. illiam J.Baxter, Jr. Jane Baxter Goeller zvl /p 4L� STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the 59 day of , in the year 2002, before me, the undersigned, a Notary Public in and for said State,personally appeared William J. Baxter,Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in h 7 capacity and that by his signature on the instrument,the individual, or the person or entity ipon behalf of which the individual acted, executed the instrum Notary .A.Wic(pAM No5State -6 2871 � �1 OudRW In Suffolk Qou STATE OF CALIFORNIA, COUNTY OF a �bn Ex*0M 8opt.8% On the day of 0&04&' in the year 2002, before me,the undersigned,personally appeared JANE BAXTER GOELLER,personait.,lr _93A *0 no 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,that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrume t, and that such individual made such appearance before the undersigned in the City of ..r � �Qrd ar County of�f r. /3a.,42 c6u , State of California. Kp - Signature and office of individual taking acknowledgment re%&rdriv (Notary Public KATHLEEN MOMS Caxnmis M#122OW Notary Public-CaMornia Santa Barbara county WCOMMB;ftMoy21 SCHEDULE A DESCRIPTION OF PROPERTY All that certain plot piece or parcel of land, situate, lying and being in the Town of ....-.SOUTHOLD,-ut..CUJTCHOGIJE,.County .of_.Suffolk.and...State._of.Ne� York,_being..bounded . and described as follows: BEGINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1785.43 feet to the high water line of Long Island.Sound; THENCE along the high water line of Long Island Sound, north 71 degrees 52 minutes 27 seconds east, 224.62 feet; THENCE south 47 degrees 06 minutes 40 seconds east, 557.55 feet; THENCE north 51 degrees 44 minutes 30 seconds east, 70.96 feet; THENCE north 47 degrees 06 minutes 40 seconds west, 530.16 feet to the high water line of the Long Island Sound; THENCE along the high water line of the Long Island Sound, north 70 degrees 59 minutes 58 seconds east, 129.24 feet; THENCE along lands now or formerly of Simchick, south 47 degrees 06 minutes 40 seconds east, 501.30 feet; THENCE south 51 degrees 23 minutes 31,0 seconds west, 13.65 feet; THENCE south 31 degrees 32 minutes 00 seconds west, 16.83 'eet; THENCE south 51 degrees 44 minutes 30 seconds west, 326.35 feet; THENCE soutbb 47 degrees 49 minutes 00 seconds east, 1128.08 . feet to the northerly side of Oregon Road, the point or place of BEGINNING. TOGETHER WITH AND SUBJECT to a right of way along the southerly 20 feet of premises and over "leg" of premises to Oregon Road, said right of way being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being distant 1100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1.148.32 feet; THENCE north 51 degrees 44 minutes 30 seconds east. 180.85 feet; THENCE south 47 degrees 6 minutes 40 seconds east, 20.24 feet to the northerly side of lands now or formerly of Ricci; THENCE along said lands, the following two courses and distances: 1) south 51 degrees 44 minutes 30 seconds west, 170.38 feet; 2) south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the) day of 2002, by William J. Baxter, Jr. and Jane Baxter Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the premises described in Schedule "A"annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, one-half of such expense to be attributable to each lot, subject to any rights of contribution from the Gallagher property. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17,2002, or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism. 8. The Declaration of Covenants and Restrictions dated March 1, 1991, recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. illiam J. Baxter,Jr. Jane Baxter Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the 5D day of , in the year 2002,before me, the undersigned, a Notary Public in and for said Slrate,personally appeared William J. Baxter, Jr., personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted, executed the instrumentY Notary MML A.Ncilaq No+b24"2871k Ouaiifled in Suffolk Cou STATE OF CALIFORNIA, COUNTY OF ,Q� E*m '80 On the day of Dcer in the year 2002, before me,the undersigned,personally appeared JANE BAXTER GOELLER,person „«,,, t.,Rw 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,that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrume t, and that such individual made such appearance before the undersigned in the City of .E o- &4are— County of .i a la 1-3azi l-o, , State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public KATHLMN KEfZS'flEw Commission#1220460 Notary Public-Califamia Santa Baru Countyy 1 G0n1rtLE>q*resMay212X3i SCHEDULE A DESCRIPTION OF PROPERTY All that certain plot piece or parcel of land, situate, lying and being in the Town of SOUTHOLD, at CUTCHOGUE, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1785.43 feet to the high water line of Long Island.Sound; THENCE along the high water line of Long Island Sound, north 71 degrees 52 minutes 27 seconds east, 224.62 feet; THENCE south 47 degrees 06 minutes 40 seconds east, 557.55 feet; THENCE north 51 degrees 44 minutes 30 seconds east, 70.96 feet; THENCE north 47 degrees 06 minutes 40 seconds west, 530.16 feet to the high water line of the Long Island Sound; THENCE along the high water line of the Long Island Sound, north 70 degrees 59 minutes 58 seconds east, 129.24 feet; THENCE along lands now or formerly of Simchick, south 47 degrees 06 minutes 40 seconds east, 501.30 feet; THENCE south 51 degrees 23 minutes 30 seconds west, 13.65 feet; THENCE south 31 degrees 32 minutes 00 seconds west, 16.83 feet; THENCE south 51 degrees 44 minutes 30 seconds west, 326.35 feet; THENCE south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. TOGETHER WITH AND SUBJECT to a right of way along the southerly 20 feet of premises and over "leg" of premises to Oregon Road, said right of way being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being distant 1100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1.148.32 feet; THENCE north 51 degrees 44 minutes 30 seconds east. 180.85 feet; THENCE south 47 degrees 6 minutes 40 seconds east, 20.24 feet to the northerly side of lands now or formerly of Ricci; THENCE along said lands, the following two courses and distances: 1) south 51 degrees 44 minutes 30 seconds west, 170.38 feet; 2) south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. 7 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITLICK, LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 December 12, 2002 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates SCTM# 1000-72-2-2.1—Oregon Road, Cutchogue,New York Dear Mark: Enclosed is the Declaration of Covenants and Restrictions required by the Planning Board for subdivision approval, which has been recorded in the Suffolk County Clerk's Office on October 10, 2002 in Liber 12214 page 376. As soon as I receive the maps from the Health Department, I will deliver them to you. Very truly yours, Abigail A. Wickham AAW/dm end 30/shdtpb2 ! `Ir,l I "III, 1 V f i it DEC 16 2UUl r�n,gghold, 11ba"q PLANNING BOARD MEMBERS �O `o BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman o Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERS �?i Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 2003 Via Facsimile Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: I have reviewed the file and the below condition still remains outstanding. This office has no record of the filing of the Covenant and Restrictions with the County Clerk Office. Please forward the filed copy at you earliest convenience for our records. 1. The filing of the Declaration of Covenants and Restrictions outlining erosion control measures with the County Clerk's Office prior to any endorsement of the final plat dated April 10, 2002. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded document. Please contact this office if you have any questions regarding the above. Sincerely, / Mark rry. / Se for Environmental Planner LAW OFFICES /?7r WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 November 12, 2002 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates—Proposed Minor Subdivision Approval SCTM# 1000-72-2-2.1—Oregon Road, Cutchogue, New York Gentlemen: Enclosed is a copy of the DEC letter of non jurisdiction for the above property, which was a requirement the Board's conditional final approval by resolution dated August 13, 2002. Very truly yours, e li y Abigail A. Wickham end 30/shdtph2 FROM :C MESIANO INC. FAX NO. :631-878-eg51 hln�, 12 2002 Oe:06AM P1 New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 -SUNY, Stony Brook, New York 11790-2356 Phone:(631)444-0365 - FAX: (631)444-0360 Website:www.dec.state.ny.us Erirr M.Crotty commissioner LETTER OF NON-JURISDICTION -TIDAL WJETLANDS William Baxter November 6, 2002 6519 SE Harbor Circle Sailfish Point Stuart, FL 34996 RE: 1-4738-03067/00001 Baxter Property ROW off Oregon Rd. Cutchogue,Town of Southold SOTM# 1000-72-02-2.1 Dear Mr. Baxter: _ The Department of Environmental Conservation has completed a review of your recent jurisdicti.onal inquiry under the Tidal Wetlands Act for a proposal to subdivide a 4.65 acre parcel on Long Island Sound into two lots of 3.24 acres and 1.41 acres as shown on the enclosed survey by Joseph Ingegno, L.S_ dated September 9, 1999 and last revised April 10,2002. Based on the information you have submitted,we have determined that the project(the creation of are approximately 15 foot long lot line on the southern portion of the property) is located landward of the topographic crest of a bluff which exceeds ten feet above mean sea level and is therefore outside the area regulated by this Department under the Tidal Wetlands Act and the Tidal Wetlands Land Use Regulations (6 NYCRR Part 661). Therefore, in accordance with Part 661, no permit is required under the Tidal Wetlands Act for the project depicted on the referenced plan. Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary(the crest of the bluff) without a permit. it is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining an adequate work area between the tidal wetland jurisdictional boundary and your project(i.e., a 15'to 20' wide construction area) or erecting a temporary fence, barrier or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. I can be reached at (631)444-0371 if you have any questions or need to discuss this determination_ wnti-iP-PMMr TI IC M7•CZCnM Tn. FROM :C MESIANO INC. FRX NO. :631-878-8951 N-V. 12 2002 00:06AM P2 William Baxter November 6, 2002 Page 2 Very Truly Yours, George W. Hammarth Deputy Regional Permit I. Administrator cc: BMHP File I i PW-11®Fax Note 7671 Dafe lt xl— paw► To � y�� From -! �f CS CO Co. PhonB# Phone# Fax# Fax 0 i wnu-la-PMrAP T1 iG raj-�770M Tn- PLANNING BOARD MEMBERS o�OgSFFOIlr BENNETT ORLOWSKI,JR. �� G,f, P.O.Box 1179 Chairman o Town Hall, 53095 State Route 25 h = Southold,New York 11971-0959 RICHARD CAGGLANO Telephone(631) 765-1938 WILLIAM J.CREMERS KENNETH L. EDWARDS Fax (631) 765-3136 �J�l �a� MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2002 Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, adopted the following resolution: WHEREAS, the applicant has submitted a certified check numbered 67466750 in the amount of$60,425.00, dated October 10, 2002, and issued by the North Fork Bank as a performance guarantee for the Minor Subdivision Baxter Sound Estates; be it therefore RESOLVED, that the Southold Town Planning Board accept the certified check numbered 67466750 as a performance guarantee applied to the revised bond estimate, dated June 4, 2002, in the amount of$60,425.00 as determined by the Town Engineer and recommends same to the Town Board; and be it FURTHER RESOLVED, that the certified check is to be cashed and placed in a Trust and Agency Account. Please contact this office if you have any questions regarding the above. truly yours, % . Bennett Orlowski,.Jr. Chairman PLANNING BOARD MEMBERS O��OFF04CO BENNETT ORLOWSKI,JR. �`Z` G�fi P.O.Box 1179 Chairman o Town Hall, 53095 State Route 25 y Z Southold,New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERS �?i Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2002 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, adopted the following resolution: RESOLVED, that the Southold Town Planning Board accept the certified check numbered 674667.50 as a performance guarantee applied to the revised bond estimate, dated June 4, 2b02, in the amount of$60,425.00 as determined by the Town Engineer and recommends same to the Town Board; and be it FURTHER RESOLVED, that the certified check is to be cashed and placed in a Trust and Agency Account. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Iowski, Jr. Chairman SVISF o\O c0 rn i ELIZABETH A.NEVILLE _� G'y� Town Hall, 53095 Main Road TOWN CLERK ro - P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS � � Southold,New York 11971 MARRIAGE OFFICER 1i `� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER -'/�l �a� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 738 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7,2002: RESOLVED that the Town Board of the Town of Southold hereby accepts the certified check No. 67466750 from North Fork Bank in the amount of$60,425.00 as a performance guarantee applied to the revised bond estimate for the completion of roads and other improvements in the proposed minor subdivision"Baxter Sound Estates" located,at Cutchogue, New York, subject to the approval of the Town Attorney,be it further Elizabeth A. Neville Southold Town Clerk NOV 14 2U01 pouthdd Town JVd�� LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE I I I LYNNE M.GORDON ---- MELVILLE, N.Y. 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8353 631-249-9480 WILLLIAM WICKHAM(06-02) FAX NO.631-249-9484 October 31, 2002 Attn: Mark Terry L'/�- �°7 ����� 1560, Southold Town Planning Board P. O. Box 1179, 53095 Main Road ���o�J` gP177. Southold,New York 11971 -,�_13'19 3 $/6 J Re: Baxter Sound Front—performance bond Dear Mark: We enclose a$60,425.00 certified check payable to the Town of Southold to bond the subdivision improvements. Please deliver to the Town for its acceptance as a cash bond. In addition, we enclose the following checks payable to the Town of Southold: • $ 10,000.—Park and playground fee; • $ 3,625. —Administration fee. We have recorded the Covenants and Restrictions and have received the LIPA easement from LIPA and are having that recorded also. In addition, we are still awaiting the Article 25 permit. As soon as the LIPA easement is recorded, the liber and page of that document and the C&R's will be noted on the map, which we will have resigned by the Health Department and forwarded to you for the Planning Board's signature. We trust we will have the DEC permit by then. Thank you for your assistance. Very truly yours, 'U Abigail A. Wickham AAW/dmc end 30/shdtpb cc: Catherine Mesiano OCT 3 1 2002 f"0U-1h01d TOW n Albert J. Krupski,President ��� CMG Town Hall James King,Vice-President /�� 'y 53095 Route 25 .mac P.O.Box 1179 Artie Foster y = Southold,New York 11971-0959 Ken Poliwoda Peggy A.Dickerson y �� Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD. October 22, 2003 Mr. Thomas C. Samuels Samuels & Steelman Architects 25235 Main Rd. Cutchogue,NY 11935 RE: L. KEVIN O'MARA&ALEXANDRA R O'MARA 14345 OREGON RD., CUTCHOGUE SCTM#72-2-2.1 Dear Mr. Samuels: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 22, 2003 regarding the above matter: WHEREAS, Samuels & Steelman Architects on behalf of L. KEVIN O'MARA & ALEXANDRA R. O'MARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code,the Wetland Ordinance of the Town of Southold, application dated September 26, 2003, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 22,2003, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS,the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS,the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS,the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of L. KEVIN O'MARA& ALEXANDRA.O'MARA to construct beach stairs from top of bluff to beach and plant grass and other plants on bluff, with the condition there is no clearing seaward of the chain-link fence, and as depicted on the site plan prepared by Samuels &Steelman Architects, dated September 5, 2003. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$5.00 per inspection. (See attached schedule.) Fees: None Very truly yours, � G Albert J. Krupski, Jr. President, Board of Trustees AJK/lms ! �• .fig+ . -R ^:- � � f1. Southold.. Town Trustees Of d d:: To ,h. - � Boar � SOUTHOLD, NEW YORK t'- - .� Y l:G - .................... DATE: 00 Oc_tober 22, 2 3, PERMIT NO L. KEVIN O'MARA & ALEXANDRA R. O!MARA - ........................... . ISSUED TO .....................•-....................................... Pursuant to the provisions of Chapter 615 of the Laws of. 3 the State of New York, 1893; and Chapter 404 of the Laws of the r'< State of New York 1952; and the Southold Town Ordinance en- titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS - A. g IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL-OR OTHER MATERIALS FROM LANDS UNDER TOWN-WATERS;'.': and in accordance with the 1 October 22, Resolution of The Board adopted at a meeting held on ............. ............ . , 200 00 - -.: aid b .. 2003 and in consideration of the sum of .-..... P Y tfi �E ............. ' •. L.Kevin O'Mara & Alexandra R.._..O,Mara........................................... =•N r .................................................................. New York ........ N. Y. and. subject to the ' of ......................................' ' ' Terms and Conditions listed on the reverse side hereof, t b; y of Southold Town Trustees authorizes and porn the following: Wetland Permit to construct beach.stairs pfrom to of bluff to P other plants on bluff,with the conditi beach and plant grass and • there is no clearing seaward of the chain-link fence, and as k - r depicted on the site plan prepared by Samuels & Steelman Arch. all in accordance with the d dated sSeecificatior ptembers5as 200pres3ented in -the originating application. i _ IN WITNESS WHEREOF, The said Board of Trustees here- .� e Seal to be affixed, and these presents to by causes its Corporat be su kiscribed by a majority of the said Board as of this date. , ' X F.. Artie Foster i L C= n f i 0 �� J es s, Zraslees 1 � - TERMS and CONDITIONS L. Kevin O'Mara .& Alexandra R.' O'Mara The Permittee 64 East 86th St. , New York, NY 10028 N. Y, as residing at prescribe to the fol- part- of the consideration for ;the issuance of the Permit does.understand and lowing: released from any and i. That the said Board of Trustees and the Town of Southold are of sous arising directly or indirectly as damages, result of any op ev all daages, or claims for dama8a' at his or her own eVease, performed ant to this permit, and the said Permittee s will, as== y anon P11�' and the said Permittee f� - defend any and all-such suits initiated by third Parties, with respect thereto, to the complete-exclusion of the Board of Trusties of the Town of Southold 2. That this Permit is valid for a-period of 24 nm which is o xdAered to be the estimated time'required to complete the work involved,,but should for as extension may be made to the Board at a later 'date. ' 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to.maintain the structure or project involved, to provide evidence to anyone concerned that an& orization was originally obtained subject to the inspection and approval of the Board or 4. That the work involved will be subj application' may be cause for its agents, and non-compliance'with.the provisions of the Originating revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. operations o 7. That if future f the Town of Southold require the removal and/or alterations . is the location of the work herein aathotn�ed, or if; is the opitnlon of the Board of Trnstta, the. work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, Upon due notice, to remove or alter this work or project herein stated without expenses to the Town . of Southold 8. That the said Board will be notified by the Permittee of the oompletion_of the work auth- orized. that may be required 9. That the Permittee will obtain�.�to r�evokc upon failts and ure to obtain sue' � . plemental to this permit which may, be ) :, LAW OFFICES ' '7 WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 October 10, 2002 Attn: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates—DEC Article 25 Permit Dear Mark: All paperwork has been submitted in connection with the above matter, and a response is expected. I am advised that Lot 1 has received a letter of non jurisdiction. Very truly yours, y,. Abigail A. Wickham AAW/dm 30/shdtpb ,t rl southlold Town lantiltin;earl i---P0L;? 01:37P FROM: TO:i653136' P:1.3 ` '57 U 4►ICKHAM,VACK14AM&BRESSLER,P.G. 1'.0, Box 1424, 10315 Main Road,ll+iatkituck,New York 11952 -� r Phone(631)298-8353—Fax(631)298-8565 �_---�-'� --Fax ice, �x l�To,: �,��+,�� �..' ( ,T From- Includes; -- ——, — Date:y -/C� 9of Pages ineluding'mversheet: � r l�us iransmissio�contains inforination confic'.cntia7 and/or legally privileged. It is intended for use only by tho pomon to whom it is diiectcd.I If you have Yea ived this tel4copy m error}please notify us by tolephow:immediately so thacl wo can arrange for'the ret an of the documents to us at no cast to you. If you do not receive all of the pages indieded,pleasc t,.all as soon as possible at the jaumibrz=hrenced above. i 1 i I I I \ I i I I I ' I I I I ' I O T-7-2Gb2 01 :34P FPOM: 10:7653136 P:2/3 I I� i 1.AW V1r.'ICT.'iTAM, WJCKII:,M' cs; BIIESSTIR. P.C. 10315 MAIN r`bAr? c'.U.I?oX 1424 1 MA I'1'1'i Ut:K,Lc)PdG!LS1_t?IvD MELV1I'LE,(31°1'ICE ERIC I B1ESSLER N:'R'Y9RK 1 195.' 27.5 t31tU11p Af)L:A'•'av itp AIJI(7A9,1L A.WICKNAM SUI 1T.1 I 1 LYNNE M.(A)ROON ---- MELVr1.1 V.. N.Y. 11747 1 JANET t3i:ASA 631-29MM 631-249-9480. WILUTA!"I W!1.:K1IAM(06-02) FAX NO.631-249•';4,;4 CJcwher 7, 2002 r Attn: Mark Terry Southold R.,wn Planning Rc,,ard Post Office Box 1179 � 53095 Main'Road Souuhold, New York 11971 ; Re: Ba- ter Sound Front—performance bund Dear Mark-: � Eij_Iosed is a e:clpy Of the T 4wn 1$tyanr i rusc!Iution' I faxed y 'u1 a:;t wick which inclkatcs that"cash"is vcceptablc. How'ever, Betty Neville,sremi;unclear on ho'w this should bo handled,and 1 would app vt;iate the Plarminj Board gk,ing her some direction. dye propose to fumiSh to.tha Town saard a hauk c-rrtilied che:ti or official bank check far(he amount of the bond payable"m the'Gown of Bout aold,u nd will request a Tcwn Bazrd resointion necoptinLy this as,the bond. I tl�i�t thi!; i1:acce}�tablc. The other fees will he I';iid at the sane time,. 1 Please ask the i'lar_ning Board iftllcy have ary,c.ortunipts Ul..`iis nrocedurc. Very rrcdy ours, Abi ail A. Wicklitilu rt:4%•ltiltic cc: Ret?y Neville,T.)v.m Cleark Cteg Yakaboski'.•Eq.,Town Att+,rmy r "002 01-:34P FROfi: T0:765,-5136 P:ti..3.. r � ' - a[aME!'.'1'ERAY Y'['+"cu;mc •c Town Haa, 5m Min Road RFA XrRAA OF YNAL srAn,,,rk, � P.Q. Box: 1179 MARRrr1G8 GMCER Southold,New York';11971 FaX(516)7&lai3 Tele p(616)76S-1Sol 0FV1CF OF THE' 'Y'OWN CLERK 1 TOWN OF SOUrHoLj; ' THIS 1S TO ClikTll" THAT `FHE FOl1o'i+lING RESOLUTION WAS ADOPTED DX THE SO@-YHOLD TOWN 130ARD AT A REGULAR AlEtTING FIELD,ON JULY 30, 1991: RMWED that the Town Board of the Town of Southold her®by orders + that, effective' immadiately, p2ssbouks shad pot be accepted as a performanre (bond for any ra- on whzU64av'ur; ti e, 1Own Of Southold will +�rily at:mf►t cash, Lettars of Credlt,l, or Perrformarace Bands from a mcogMmee( boridinS company_ . r udith T. i 1 le sou�ld Town Clerk August 1, �1991 I I I , r 1X 1'-'i--PAAa TU+f LA!,q-7nm rn, I ' 1 , PLANNING BOARD MEMBERS �OS�fFU(,�►�0 BENNET.T ORLOWSKI,JR. P.O. Box 1179 Chairman o= .� Town Hall, 53095 State Route 25 Goa 2 Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Oy Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jamie Richter/Town Engineer From: Mark Terry, Senior Environmental Planner Date: September 11, 2002 Re: Baxter Sound Estates SCTM#72-2-2.1 The Planning Board has issued Conditional Final Approval for the above project on August 12, 2002. The latest map,planting plan and covenants and restrictions are enclosed. If you have any questions please give me a call at extension 243. Oaz/o 2, DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made the day of , 2002,by William J. Baxter, Jr. and Jane P. Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart,Florida 34996,hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as"Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno,Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS,for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE,THIS DECLARATION WITNESSETH: AUG 2 2 2002 Southold Town Flannion Board That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known,admit,publish,covenant and agree that the premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives,distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2(the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter,Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense,in common with.-the Gallagher property, one-third of such expense to be attributable to each lot. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications,in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17,2002,or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 8. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Baxter, Jr. Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the day of ,in the year 2002,before me,the undersigned, a Notary Public in and for said State,personally appeared William J. Baxter,Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF CALIFORNIA, COUNTY OF . , ss.: On the day of in the year 2002,before me,the undersigned,personally appeared JANE BAXTER GOELLER,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,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 City of County of , State of California. Signature and office of individual taking acknowledgment relmrdriv (Notary Public) • Itz DECLARATION OF COVENANTS. AND RESTRICTIONS DECLARATION made this I51- day of A'aq dl? 1991, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, i hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate-at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072, Block 2, Lot 2 . 1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Liber .3975 at page 263, a metes and bounds Ustrict description of which is shown on Schedule A attached hereto .000 and made a part hereof, hereinafter referred to as the ;ection )72 00 "premises" . clock WHEREAS, the Declarant intends to subdivide said )2.00 premises for residential purposes and desires to subject .ot 102.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, ~" natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water redources of WAR 8 1"1 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning �p Board of the Town of Southold for approval of the sdbclivision of the premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, rb n lit K449 NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and every portion thereof is hereby iheld and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent. of preserving as much of the natural vegetation . on the site as possible—Limiting clearing and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or _ otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4. Access to the beach down the face of the bluff shall be only by means of a suitable ' .a L(6250. . structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure- proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be . modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. ` - 29r0l Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed - this Declaration of Covenants and Restrictions the day and year first above written. BAX ER P OP TIES INC. By: t224N252- SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swiatocha, running thence North 47 degrees 49 minutes 00 seconds West and along said mentioned land a distance of 1837. 08 feet to the ordinary highwater mark of Lond Island - Sound; running -thence on a course North 71 degrees 39 minutes 40 seconds East measuring 224.88 feet, along the ordinary highwater mark of Lond Island Sound to land now or formerly of Michael Gallagher; running thence South 47 degrees 06 minutes 40 seconds East, along the said last mentioned land, a distance of 609.79 feet; running thence North 51 degrees 44 minutes 30 seconds East, still along said last mentioned land, a distance of 70.96 feet; running thence North 47 degrees 06 minutes 40 seconds West, still along said last mentioned land, a distance of 582 . 85 feet to ordinary highwater mark of Long Island Sound; running thence on a course North 71 degrees 41 minutes East measuring 130. 08 feet, along the -ordinary highwater to 'land now or formerly of Wesley Simcik running thence South 47 degrees 06 minutes 40 seconds East and along said last mentioned land a distance of 552.22 feet to a point; Running thence South 51 degrees 23-minutes. 30 seconds West and along said last mentioned land a distance of 13. 65 feet to a point; running thence South 31 degrees 32 minutes 00 seconds. West and still along said last mentioned lands a distance of 16.83 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326.35 feet, thence running South 47 degrees 49 minutes East a distance of 1128. 08 feet to the northerly line of Oregon Road; running thence South 51 degrees 44 minutes 30 seconds west a distance of 20.28 feet to the point or place of beginning. BAXTERS2 • . . . _ �� 1�29PC253 � STATE OF NEW-40M (MrWC11"6"t" _ • .) SS. : P&,71 9 C`t COUNTY OF ku Q ,� 'c.I) On this day of MCvrc� ��� , in the year 1991 before me personally came a)1111kM 1 1 al"l ri-Tr' to me known, who, being by me duly sworn, did depose and say that he/ah-L- resides at No. to 30 C,- +that he/-shy is the of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument; that it was so 2XP�� y order of the Board of Directors of said corporation, and that here--signed hi steer- name thereto by like order. n. � y Pu f314 L ( 7 P n�1�1N tl _ j J `. . MA llq� WYK Hn 616 a ��w Est.'<'=^") �;"''`•�ti• ''� � Y. Town Hall. 53095 Main Road P.O. Box 1179 Southold.New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECLARATION DATE: :pc-tober 16, . 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and 'Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION• Baxter Properties, Inc. SEQR STATUS: Type I Unlisted , CONDITIONED NEGATIVE DECLARATION: YES NO DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 5.022 acre parcel into 2 lots. This minor subdivision is located at Cutchogue. SCTM #1000-72-2-2. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed ... and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Melissa Spiro, Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board ' Le y C.. fCHOGUE FIRE DISTRICT 'R�� WTCHOCUE E Cutchogue;N.Y. elephone T (516) 734-6907 F.D. 11935 February 21, 1990 Mr. Bennet Orlowski, Chairman Southold Town Planning Bd. Town Hall Southold, N.Y. 11971 Ref;Baxter Sound Estates Dear Mr. Orlowski, Reference the above. properties, it is the opinion of this board that a new fire well be placed as marked by an X on the enclosed drawings. The Fire Well is to conform to our specifications and be equipped as follows; 1, 20H.P. , 3 Phase, Submersible pump capable to deliver 400 GPM at 10 PSI discharge at center of tee at top of well. Pump shall be of submersible turbine type, equipped with grease packed bearings in bowl assemblies. The bowls shall be of a smooth finish design to guide the water from one stage to the next witha minimum of turbulence. 2. Top of the well is to be finished off with an 8" x 4" well seal. 4" galvanized tee and plug, and 4" x 4-1/2" solid brass ferrule and cap. The hose threads and hydrant wrench nut shall conform to the standards of the Cutchogue Fire District. Due to the location of the well the Fire District will require that an easement be made to facilitate the access and maintenance of the Well. If you have any questions, please advise. Very truly yours Mathew J. M tin Secretary p A mjm/encl. FEB "' " ' ' �1: -* . '.; . .. 4':'i •-"a': `(: . .a.`... .'.� �i:�. S R V: ^ :�. } 4.. 4i r- .taxi '- _ 1 i.Y.. •'r.: Y C t.' ,. e F. :t:. �: .'^}.:;, }: a. .br t• .l �' {3 �'. i'j. ., ., r t. .'.q:,�.:r , 7 : :...-.'. ': pp, qj.. . 1i.1 •4''• ..'�J��$. .:'y., .. � u• . r. •r ( { t i - S - - r.. .. ..M1:. t Y .. :... .. .. ,.r.. ., :. , : :. _ .. - , :.i-. ..e.- ..- .1 , •. ]. ,\' 1. 1.a j l .rJ !I. '4: ��. �'a�f-'s fi .,' '� `: <;.: s1 tT - :' ;',;. '>:-. t. §. •t. 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'R ,t :s': „y ,'2r'• , ry• �, C.' p i' ',Jri Vt'. t':+T• .t ail'''�" A�is '�.. -r'� •�r':'. i" '."�,'. r:a'.• c,. .a. 'Fir ^K% 1p�.'' A .L. <. 'v A'. "F"., .::Y. ?L .A' f� :-l•'.:'r '�'"�• .1.'rT+.• i ,�•'�'S.i.•'..u' -i .,.i :'�. !' .9: i` .,t;} :.ar ...Y. .!t t (!y+:i()' •.'':K•: 't 'r.J' s ,7 . P =: :.1 n•U%>t. ..t r 4^.`'y .'Y i., �i%„ ''�: ►•,. %r.r�. �..ur. •}"'C �, ,r. .''•i a... '�,',. _„,M-:.,'.::r�%.1:` : ;:�..u[rat•.'4°rt�.ak':•as l';g.+1•r:1V•"r..�j,r.nrN}.•v*i:.- �.•:'"i�.n.xw^•:'X k.. ..n+•c�a:,;1::4. � i:�t•.. ..r `!, `.tY Y•'i:>`.'�;Y.., r,.(. r.. i��'1..�:'f Sv3F LAW OFFICES / /!-r- WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 27S BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M. GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO. 631-249-9484 August 22, 2002 1 I Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates Dear Mark: In connection with our meeting today, enclosed is the revised Declaration of Covenants and Restrictions. Please note the addition of paragraph no. 7 per your request. I will have the C&Rs signed and recorded, and the recording information noted on the map. This is to further confirm that you will ask the Town Board to consider approval of the bond estimate and fee at their August 27, 2002 meeting. Very truly yours, Abigail A. Wickham AAW/dmc end 30/shdtpbl cc: Pat Moore with complete copy m : Gary Olsen with complete copy AN 2 3 2002 _, 1 Tea DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the day of , 2002,by William J. Baxter, Jr. and Jane P. Goeller, residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue,Town of Southold, County of Suffolk and State of New York, known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval, the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to'maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the premises described in Schedule "A"annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, in common with the Gallagher property, one-third of such expense to be attributable to each lot. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing; plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17, 2002, or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism. 8. The Declaration of Covenants and Restrictions dated March 1, 1991, recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner t J' of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Baxter, Jr. Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the day of , in the year 2002,before me,the undersigned, a Notary Public in and for said State,personally appeared William J. Baxter, Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF CALIFORNIA, COUNTY OF , ss.: On the day of in the year 2002,before me,the undersigned,personally appeared JANE BAXTER GOELLER,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,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 City of County of , State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made the day of , 2002, by William J. Baxter, Jr. and Jane P. Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and u WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno,Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: AUG 22 2002 -authold Town That the Declarant,for the purposes of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, in common with the Gallagher property, one-third of such expense to be attributable to each lot. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17,2002, or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. The Declaration of Covenants and Restrictions dated March 1, 1991, recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 8. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Baxter, Jr. Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the day of ,in the year 2002,before me,the undersigned, a Notary Public in and for said State,personally appeared William J. Baxter, Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF CALIFORNIA, COUNTY OF , ss.: On the day of in the year 2002,before me,the undersigned,personally appeared JANE BAXTER GOELLER,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, 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 City of County of , State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) r � z PLANNING BOARD MEMBERS O��SUFFO(�►COG P.O. Box 1179 BENNETT ORLOWSKI,JR. Chairman c Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone(631) 765-1938 WILLIAM J.CREMERS �1,iL Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR,JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 13, 2002 Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, August 12, 2002, adopted the following resolution: The public hearing was closed. WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 Zoning District where Lot 1 equals 3.24 acres and Lot 2 equals 1.41 acres; and WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991; and WHEREAS, the Planning Board had determined that the prior subdivision approval had expired; and WHEREAS, a new application has been made; and WHEREAS, the Zoning Board of Appeals determined on January 24, 2001 that the original variance of September 16, 1988 (Appl. No. 3744)was still valid; and F WHEREAS, the Planning Board has determined that since the two applications were identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 18, 1991, the Negative Declaration is still valid; and WHEREAS, the Planning Board granted sketch plan approval on the maps dated December 20, 2000; and WHEREAS, the Planning Board was concerned about the potential of erosion of the bluff from construction practices; and - - WHEREAS, Mr. Thomas Samuels, a registered Architect submitted a letter, dated July 8, 2002, to the Planning Board stating that the soil properties are "perfect bearing for typical 16" wide reinforced spread footings". Further, Mr. Joseph Fischetti, PE, submitted a technical report titled Baxter Sound Estates Minor Subdivision Analysis and Conclusions for the Effect of Residential Construction on the Adjacent Bluff which does not identify any potential serious erosion concerns; and WHEREAS, the Planning Board has required that the applicants provide a planting plan, dated July 17, 2002, for the face of the bluff to further minimize the potential of erosion; and WHEREAS, each owner is responsible for preventing storm-water runoff onto neighboring properties and down the face of the bluff; and WHEREAS, the Declarants shall acknowledge in writing to the Planning Board that the creation of this subdivision in no way commits either the Town, County of Suffolk or State of New York to any program to protect this property from the bluff and shoreline erosion through the construction of engineering or other works; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated April 10, 2002, subject to the following conditions. These conditions must be met within six (6) months of the resolution: 1. The filing of the Declaration of Covenants and Restrictions outlining erosion control measures with the County Clerk's Office prior to any endorsement of the final plat dated April 10, 2002. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded document. 2. The Planning Board reviewed the park and playground requirement. As per Section 106-38 of the Subdivision Regulations, the amount to be deposited with the Town for park and playground services is now $5,000 per lot for each vacant lot in the subdivision. A Park and Playground Fee of$10,000 will be VIK required prior to any endorsement of the subdivision by the Planning Board. 2 3. The submittal of a performance bond in the amount of$60,425.00 and an Administration Fee of$3,625.00 as revised by the Town Engineer on June 2002 and accepted by the Planning Board on June 10, 2002. 4. The submittal of a permit or letter of non jurisdiction from the Department of Environmental Conservation for any action within their jurisdiction prior to the issuance of a building permit. Please contact is ottice if you have any questions regar ing the above. Very truly yours, Q) &�4' Bennett Orlowski, Jr. Chairman cc: Patricia Moore, Esq. Catherine Mesiano, Expeditor Building Department 3 MT LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M. GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO. 631-249-9484 August 9, 2002 Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates Dear Mr. Terry: Gail asked me to send you the enclosed revised covenants. She has not yet reviewed the changes,but will call on Monday to discuss any revisions. Very truly yours, aflt&� Allison M. Latham Paralegal J �'j � AUG 12 2UO2 Southold �� u � d DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the day of , 20025 by William J. Baxter, Jr. and Jane P. Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: { That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, in common with the Gallagher property, one-third of such expense to be attributable to each lot. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing; plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17, 2002, or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. The Declaration of Covenants and Restrictions dated March 1, 1991, recorded in Liber 11229, page 24 remains in full force and effect, except as specifically modified by this Declaration. 8. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Baxter, Jr. Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the day of , in the year 2002,before me,the undersigned, a Notary Public in and for said State,personally appeared William J. Baxter, Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF CALIFORNIA, COUNTY OF , ss.: On the day of in the year 2002, before me,the undersigned,personally appeared JANE BAXTER GOELLER,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,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 City of County of , State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) C� -��� � STE VEN L. MARESCA CONSULTING ENGINEER 188-07 W.MONTAUK HIGHWAY•HAMPTON BAYS,NY 11946•(631)728-9480•FAX(631)728-9484 August 7, 20 Lark & Folts Attorneys at Law 28785 Main Road P.O. Box 973 AUG 12 2002 --� Cutchogue, N.Y. 11935 Southold ToWn Re: Gallagher Residence planning Board Oregon Road, Cutchogue - l Review of Bluff Dear Mr. Lark: As per your request I have reviewed the Sound front bluff along the Gallagher and adjacent properties. It is my understanding that the property to the west of the Gallagher Property is to be developed. It is my opinion that this development will need to be limited in order to limit damage to the bluff. My findings are as follows. 1 . The cliffs along the properties on both sides of the Gallagher Residence are excessively steep, well over a stable angle of repose. I was able to see active erosion in many areas of the cliff. I believe that this erosion is partially from water seeping from the face of the cliff. We have had a soil boring completed on the Gallagher property. This boring has confirmed our suspicion of a layer of clayey soil below the surface. Any water percolating through the soil will run into this layer, causing the water to run laterally. Once the water reaches the side of cliff, it will run out and down causing erosion. 2. The high water mark, known as the wrack line, is very close to the bottom of the cliff. Any storm event will erode the bottom of the cliff. A property to the east of the Gallagher property has a timber bulkhead at the base of bluff. We can see that the section of cliff along the properties in question has eroded further back than at the protected area. To help stabilize the existing slopes I would suggest to incorporate several restrictions in the development of the properties. 1 . Any development should be restricted to the existing 100 foot setback requirement. The property in this 100 foot setback should be planted with natural vegetation that does not require watering. 2. The property at the top of cliff should maintain the existing slope away from the top of cliff. Any surface water should be directed away from the cliff. We would ideally like to have the water directed to a sand drain. A sand drain is effectively a shaft of sand that would allow surface water to run straight down to groundwater levels. A contractor would remove any impervious soil from the shaft, replacing it with clean sand. 3. The toe of the cliff should be protected with a timber bulkhead. This bulkhead would protect the toe of the cliff from wave action. In our case minor storms will erode the base of the bluff. This will complete my report. Please review the photographs n comments attached. Sincer ours, S L. Maresca P.E. PHOTO #! eg ft J' - i View of the cliff fronting the Gallagher property looking west. Note the amount of erosion for all of the properties to the west. PHOTO #2 K ..fl�... ���� -'j�. _ -��� .� ♦ .ems" � t` y3`- - aj.." � ` t .,�� ��Wit-:'vim � �.-~ . .•� `� ' J _ View of the properties to the east of the Gallagher Residence. Note the timber bulkhead protecting the toe of slope. It is evident that the bulkhead has helped prevent soil erosion and has protected the vegetation along the slope. PHOTO #3 z: y'Y View of the cliff fronting the Gallagher property and the properties to the west. Note the location of the wrack line. Normal high tides bring the weed line up to the toe of slope. Also note the amount of erosion due to water runoff. • HT PHOTO #5 R. /r View of the cliff fronting the property to the west of Gallagher. Note that there is very little vegetation on the cliff. This indicates to amount of recent erosion. I feel that the condition of the cliff is very precarious and will not be able to handle the effects of additional development. McDONAW GEOSCIENCE Box 1000• Southold, New York 11971 • (631) 765-3677 TEST HOLE DATA SHEET Name: Lark Gallagher Surveyor: Location: Cutchogue Tax Map Number: 1000-72-2-1 Project Description: Lot and building Date: 6/26/02 Dark brown sandy loam OL Brown loamy sand Siva ------ 2 ' Brown fine to medium sand SP ------ 7 ' Brown clayey sand SC -------- 12 ' Pale brown fine to coarse sand SW 72 _ Water in pale brown fine to coarse sand SW ' 78 ' Comments: V STEVEN L. MARESCA Consulting Engineer 188 - 07 West Montauk Highway Hampton Bays, N.Y. 11946 TITLE: Professional Engineer EDUCATION: M.S.C.E. Polytechnic Institute of New York - 1977 B.S.C.E. The Cooper Union - 1973 PROFESSIONAL State of New York - 1980 LICENSES: State of New Hampshire - 1988 PROFESSIONAL 1985 to Present - Principal of Consulting Engineering EXPERIENCE: Firm in Hampton Bays 1976 - 1985 - Staff Engineer for Raymond Technical Facilities - Consulting Engineers 1973 - 1976 - Staff Engineer for Hardesty & Hanover Consulting Engineers PROFESSIONAL Member - American Concrete Institute ASSOCIATIONS: Member - National Society of Professional Engineers ;> Member - National Society of Engineers in Private Practice SUMMARY OF Involved in the Office Design and Field Construction of EXPERIENCE: various construction projects. Approximately twenty five years experience in development of Commercial, Industrial, and Residential Buildings and Marine Structures. PARTIAL LISTING OF PROJECTS: A. Private Practice - Consultant to various Environmental Firms, Architects and local Municipalities on Long Island. These firms have included; Village of North Haven - Village Engineer Inter-Science Research - Environmentalists Chesterfield Associates - Contractors Nagel & Lesser - Architects Michael Graves - Architects Bates & Booher - Architects Cooper Robertson Partners Samuels & Steelman - Architects B. Raymond Technical Facilities - Staff Engineer Responsible for the design and implementation of contract drawings and specifications in the office and on the construction site. A partial list of projects include; Ponquogue Bridge - Hampton Bays - Project Engineer . Structural installation and Site Development. U.S. Naval Base - Diego Garcia - Project Engineer Construction of a $400. million Naval base in the Indian Ocean. Project had consisted of Docking and Freight Facilities, Ship Repair facilities, Housing, and Air Fields. Hood Canal Bridge - Seattle, Wash. Project Engineer Design of Floating Bridge structure 6000.' long C. Hardesty and Hanover - Staff Engineer Analysis and Inspection services provided for various Government agencies. Work consisted of the design and inspection of Bridge and Marine Structures. AUG-7-2-002 12:05P FROM: T0:7653136 P:1/2 , t I.A'L1'QFiT_'GS WICK LATYI, 1WICKIIAM &BRESSLER, P.C. I031.5 MAIN POAD, P.O.IIOX 1424 W(1,IJAA.I4I WICKRAMfl)6-02) i4ATTrIl1CK:LONG 19LANT) MELVILLE OFFICE F..RIt;.1 RILLSSLLR NrVP y(-'PX C 11952 275 BROAD 1101.U)W RD ABIGAIL A_WICU AIM SUITE I i '--- NT,LVILLE• N.Y. 11747 LYNNE M.Gt?IDOW 631 298-8353 IAh1CTGEASA TFT-P.I�AX NO.63l=1+8-856.5 631-249-9484 FAX No-631-249-94$4 August 7,2002 Attn: lMark Terry Snuthold Town PImming Board Rost of ice Box 11 79 531,)9 5 Main Road Southold, New York- 1197 Ike: Baiter Satlrccl l��taexts, Pear Nllark: Since we were.Tiot al~le to in lC..Lt today, 1 e1:c10se a copy of the relevant Rage oC die ens enaltts al�d r:siricti�)ns revises i in accordance ti�rith our dise•ussiotls, if Chore.are additional clarifications or revisions.. I will discuss tjjc1><i with you Friday. Very truly;yours, Abigail A, Wickh m ,'I f11G,+(intc g/JG'C .3(1ITridt�.y� cc: Pat Mom.with complete copy AUG 0 7 2002 Southold Town fiiJG-'-2002 12:CUSP FROM: , TO.7653136 P:2/2 3. No stairs shall be erected on the bluff'area of eilhrr Lot without pei7riits rcc�uired truttl all applicable agencies and mutueipal authorities ha,viug.jurisdiction over the bluff area. 4, That no , lication For a uildin ermit far d sin le family residence can Lot m- Lot 2 Shall be issued LUACK"U ll a lica:iou lticlude5_ inwision for 111c uigtallation of i bluff ;iai7iliza#lc7n !ati�i4ca,iri un tl�e bluff'al'>>e u{_ isait�lot in uc�c,ordance ,vitli Bluff i'lai3tirr 7 r-lan •rersarecl It Samuels and Steelman dhte_d Jules' 17,2002, Or 3s otherwise 1Lx�ried� lie PL<�nnin� bgard if rc uested t�then owner of the Lot, and Witil the 1'lar;llinlg 30aid apprc>vc 3 a sc bedulc for pltlntinLI and implemCxttti:tiott ofthc RluffPlarrting 1'lscl cr;ni di��taleci t�itl; c()i7str.Licti0n Oil tile lot. -Ni()C:ctrtiftcate of Occupancy shall ire issued for suc i fosidence. wltil the c c),11 l.ction of such l:tnting tog then` nth srich measures as t1le t'ltitming Boesd np re uirc tq ensure and muintanwice of the plant matcz'itt1. 5 N, ,< structures tire.to lie lac,ited within the. 1 oo toot setback froyn the top of the bluff ainlss droved by the PlannSnK t3oxd. 6, No trecs ttihic Uarc located outside oftlie fok)t roof the buildin�cuveInpe,, hic (VX- �,:•Z.aer than 6 futile!diugli to m=qured at breast height may be removed prior to opProval ofthe platmin Board. 7-5-4-.These cc)venants and restriutiolts c;til be modifiod only at the request of the then owner of either lot with the:approval of a majority plus one of the rlauling Beard of the Town of Southold after a publie hearing. The,property owner of the other lot in the subdivision shall be i;ndlled to aotict-- such pubic lieanng but his c'otlsetlt to sllch.n"�(Tdi�l4:iiii0ll shall not be reyuirrci. IN WITNESS WHLREOF,the Declarilnt above named has executed the foregoing Decllwracion file clay told verb first above NwhLcu. LAW OFFICES WICKHAM, WICKHAM&BRESSLER, P.C. 10315 MAIN ROAD, P.O.BOX 1424 WILLLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 ---- MELVILLE, N.Y. 11747 LYNNE M.GORDON 631-298-8353 ---- JANET GEASA TELEFAX NO.631-298-8565 631-249-9480 FAX NO.631-249-9484 August 7, 2002 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 AUG 20� 53095 Main Road ®Ll�h®�d�® Southold,New York 11971 Re: Baxter Sound Estates Dear Mark: Since we were not able to meet today, I enclose a copy of the relevant page of the covenants and restrictions revised in accordance with our discussions. If there are additional clarifications or revisions, I will discuss them with you Friday. Very truly yours, Abigail A. Wickham AAW/dmc end 30/shdtpbl cc: Pat Moore with complete copy y n 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17, 2002, or as otherwise amended by the Planning Board if requested by the then owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the footprint of the building envelope whichk ane_ greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7-54 These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this lam / day of /�'1�2�i1�' 1991 , by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate-at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072 , Block 2 , Lot 2 . 1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds District description of which is shown on Schedule A attached hereto 1000 and made a part hereof, hereinafter referred to as the Section 072.00 "premises" . Block WHEREAS, the Declarant intends to subdivide said 02.00 premises for residential purposes and desires to subject Lot 002.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the groundwater resources of MAR 8 1991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning /0 r Board of the Town of Southold for approval of the sub&ivision of the premises as a Minor Subdivision, to c� contain not more than two (2) lots or parcels , Iv2-q C A9 NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and. every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2 . Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or _ otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable wK �iA 't 1122r�250. structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure - proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be . modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. 1122S4251 Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed. this Declaration of. Covenants and Restrictions the day and year. first above written. BAX ER P OP TIES INC. By: 14// al-17 �� i Pres 1122W'252: SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swiatocha, running thence North 47 degrees 49 minutes 00 seconds West and along said mentioned land a distance of 1837 . 08 feet to the ordinary highwater mark of Lond Island - Sound; running -thence on a course North 71 degrees 39 minutes 40 seconds East measuring 224 .88 feet, ,along the ordinary highwater mark of Lond Island Sound to land now or formerly of Michael Gallagher; running thence South 47 degrees 06 minutes 40 seconds East, along the said last mentioned land, a distance of 609. 79 feet; running thence North 51 degrees 44 minutes 30 seconds East, still along said last mentioned land, a distance of 70. 96 feet; running thence North 47 degrees 06 minutes 40 seconds West, still along said last mentioned land, a distance of 582 .85 feet to ordinary highwater mark of Long Island Sound; running thence on a course North 71 degrees 41 minutes East measuring 130. 08 feet, along the ordinary highwater to land now or formerly of Wesley Simcik; running thence South 47 degrees 06 minutes 40 seconds East and along said last mentioned land a distance of 552.22 feet to a point; Running thence South 51 degrees 23-minutes 30 seconds West and along said last mentioned land a distance of 13 . 65 feet to a point; running thence South 31 degrees 32 minutes 00 seconds West and still along said last mentioned lands a distance of 16. 83 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326 . 35 feet, thence running South 47 degrees 49 minutes East a distance of 1128 . 08 feet to the northerly line of Oregon Road; running thence South 51 degrees 44 minutes 30 seconds west a distance of 20. 28 feet to the point or place of beginning. BAXTERS2 1IZ29PG253 STATE OF NE7''�) (M)'WC11 CC-( 1 f COUNTY OF t'L4[ e ) On this S�L day of Plc-urCh „I in the year 1991 before me personally came to me known, who, being by me duly sworn, did depose and say that hef�re- resides at No. �03o�( sl Ae, J/41f, 4 that he/-sham is the � S/ - of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument PXP�I that it was so y order of the Board of Directors of said corporation, and that here-signed his/4ter- name thereto by like order. _ n --------------- n. G(>i 14--'— � B gS �i 0o'2 P �1Nn� u, 9 w Submission. Without a Cover Letter l Subject: SCTIII#: 1000- Date. V� Comments: LD,�:, 41ruess JUL 3 U AUZ Southold Town Plaar a Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �' ��,� P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS y Southold, New York 11971-0959 KENNETH L. EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. ��® �C��R� Fax (631) 765-3136 RICHARD CAGGIANO , �+ PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 30, 2002 Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck,New York 11952 Re: Baxter Sound Estates SCTM#72-2-2.1 Location: Cutchogue Zone: R-80 Dear Ms. Wickham: The Planning Board has reviewed the above application and materials submitted during the July 8, 2002 and July 29,2002 work sessions. The following determinations were made: 1. The map dated March 10, 1987 shows the test hole south of the proposed lot.The soil profile indicates sand and gravel to 14.9 feet, coarse sand and gravel to 17 feet and ground water at 62 feet. 2. A test hole to the east of the property indicated the soils as sandy loam to 1.5 feet, sandy loam to 4 feet, sandy loam with traces of clay to 5 feet and clayey sand/heavy gravel thereafter. 3. The current survey references the test hole on the survey dated March 10, 1987 as described in(1). The Suffolk County Soil Survey identifies the soil types for the parcel as Plymouth Sandy Loam 0-3 percent slopes (PIA), Plymouth Sandy Loam 3 to 8 percent slopes (PIB), and Dune Land (DU). PIA and P1B soils are indicative of moraines and outwash plains. The hazard of erosion is identified as slight; the soil tends to be droughty. In the western part of the county the soil is used mainly for housing developments. The soil type DU or Dune Land is typically found along the Long Island Sound. The soil is only suitable for wildlife habitat or recreation. The soil should be stabilized and left undisturbed. Structures placed on this soil type are subject to damage by storms and erosion. The face of the bluff and an undefined percentage of the lots westward are comprised of this soil type. Without further soil surveys, it is difficult to determine how much of the each soil type is located within the building envelopes,however,based upon map cross-referencing, it appears that the building envelopes are located on vegetated, PIB soils and no limitations are apparent. The letter from Thomas Samuels submitted to the Planning Board on July 8, 2002, states that the soil properties are "perfect bearing for typical 16"wide reinforced spread footings". In addition, the technical report submitted by Joseph Fischetti, PE titled Baxter Sound Estates Minor Subdivision Analysis and Conclusions for the Effect of Residential Construction oil the Adjacent Bluff does not identify any potential serious erosion concerns. Based upon the information provided,the Planning Board has no further concerns regarding the overall composition or erosion properties of the soils if all proposed mitigative measures are employed. As we discussed, the Planning Board is requiring the implementation of the bluff planting plan titled Baxter Sound Estates dated 7/17/02. Implementation of the planting plan and installation of all plant material will be complete prior to the start of any construction. To further minimize erosion,Covenants and Restrictions (C&R's)were filed on March 8, 1991 by the applicant to minimize potential adverse impacts related to the project(attached). The C&R's were designed to minimize disturbance to vegetation hence soils and topography. The following C&R's currently apply to the proposed action: "limits of clearing to that necessary for the siting and construction of a house with the intent of preserving as much as the natural vegetation as possible. Limiting clearing and grading will minimize runoff and erosion". "No structure with the exception set forth in Paragraph 4 below(Low impact access to the beach)shall be constructed or otherwise located between the high water mark and the 100 foot setback from the top of the bluff as shown on the map". "No grading within 50 feet of the bluff...clearing within this area limited to that necessary for proper maintenance...obnoxious plant species. Such clearing shall be subject to review by the Town Planning Board to insure proper maintenance and preservation of the natural bluff'.. "No stormwater resulting from development and improvement ...shall be discharged down the face of the bluff' As indicated above, the C&R's previously filed will limit the clearing of the vegetation on site and further prevent the potential of severe erosion. Note,however, despite what the soil survey has outlined as the properties of the PIA and PIB, hard evidence has been presented that the bluff on the northern end of the property is subject to moderate to severe erosion and all measures to further prevent erosion should be applied and enforced. For the reason,the following preventive measures will also be required in the C&R's: 1. Due to the size of the proposed structure, the Planning Board is requiring that limits of clearing be staked and erosion control mechanisms (hay bales) are in place prior to any construction on both lots. 2. No structures'are to be located within the100 foot setback from the top of the bluff prior to receiving Planning Board approval. 3. All large trees (i.e. greater than 6" diameter breast height.(DBH)) can only be removed through Planning Board approval as indicated in Craig Turner's, January 31, 2001 letter. 4. Language pertaining to the Planting Plan implementation must also be included. The proposed building on Lot 1 is large. The Planning Board would like to reiterate that clearing of the lots is only permitted for the amount necessary to site and construct a home and that this restriction is meant to prevent the clearing of the entire 1 acre building envelope. One-hundred percent clearing of the building envelopes or clearing the vegetation to accomplish a view of the water would be in direct violation of the C&R's as previously stated above. The DEC issued an Article 25 Permit(10-881 1401) to the applicants in 1988. The following conditions were placed on the permit: 1. "there shall be no disturbance to the vegetation or topography seaward of the line marked"Top of Bluff' on the approved survey" The Article 25 Permit expired in 1994; the Planning Board is requiring a valid DEC permit or letter of Non-Jurisdiction be submitted to the file prior to final approval. The Long EAF form submitted on October 20, 1988 has been reviewed for consistency to the current application. The Planning Board has determined that no significant changes have been proposed and therefore a more detailed environmental review will not be required. Correspondingly, the Planning Board has determined that the C&R's enacted and proposed coupled with the additional recommendations outlined in this letter will minimize adverse impacts to the property. Upon receipt of the above information, the application will proceed to the next step. If you have any questions please give me a call at 765-1938, extension 243. Sincerely, ark Terry ' Senior En * on al Planner Enclosure Cc: Town of Southold Planning Board Pat Moore, Esq., Omara Agent Enc. MT/mt 07{08'1--O'k e21:C-13 5167346407 SAMUELSSTEELMAN PAGE 01 S A M U E L S & S T E E L M A N r - P . 1 . FAX COVER SHEET FAX# � � V/ DATA: /4 2 RE: DESCRIPTION: COMMENTS: � Gf/ i5 (�` � � MAIL FOLLOW UP. YES VINO FROW Total ## of pages including this cover sheet: If you coo not receive all of the Pages, Please-c--Was 4soon as posslble. PHONE 631-734-6406 FAX 631-734-6407 25235 MAIN ROAD, CUTCHOGUE, NEW YORK 11935 ARCHITEC75 25235 MAIN ROAD CUTCHrJQLJ'E, NEW YORK 11435 (631)734-6405 PAX 16311 734-6407 07/08/2002 03:J3 5i67346407 SAMUELSSTEELMAN PAGE 02 ( e S A M U E L S & July 8, 2002 S T L E L M A N Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: BAXTER SOUN13 ESTATES 14345 Oregon road, Cutchogue, NY SCTM # 1000-72e02-pto 2.1 Dear Bennett and members of the Planning Board, To expand upon my letter of June 28 (enclosed) I have reviewed the soil boring report taken in the proposed building envelop on the western parcel, made by Mark McDonald of McDonald Geoscience, Southold (also enclosed), and can confidently assert the following: 1) The subsurface conditions are normal for the area, i.e. the soil consists of sand and silt particles typical for the moraine (bluff) along the Fong Island Sound, 2) Below eight feet, the depth of a typical foundation footing, the subsurface consists of"pale brown fine to coarse sand". This composition provides a minimum of 2 tsf(2 tons per square foot), which is perfect bearing for the typical 16"wide reinforced spread footing. 3) No clay was encountered to 17 feet below grade. Clay could complicate the design of•spread footings, necessitating additional reinforcing and larger footings. Clay was not encountered. Therefor, it is my professional judgement that the subsurface conditions on the subject parcel are suitable for the construction of conventional single family residences, We have been practicing architects in Cutchogue for 17 years, during which time we have designed many houses along the Sound, and dozens of houses throughout the Town. We employ the services of Stephen Maresca, PE, of Hampton Bays to review our designs and provide structural sizing, i hope this letter helps you in your determination of the above project. Sincerely, T o a s , CC' ail , K A O'Mara ARCHITECTS 28350 25235.'AA 1N ROAD q } '' CUTCHOC,UL NEWYC)RK. 11935 &t O'er (6311 734-6405 FAX(631)734-6407 0 /08 2@'32 03:03 5I573454N SANIUELSSTEELMAN PAGE 03 S A M U E L S & June 13 00 S T E E L M A N ■ Y • . 9 Bennett Orlowski, Chairman Southold Town, planning Board Town Hail Southold, NY 11971 Re., BAXTER SOUND ESTATES 14345 Oregon Road, Cutchogue, NY SCTM # 1000-72-02-plo 2.1 Dear Bennett and members of the Planning Board, I am the architect who has designed a house for Mr and Mrs Kevin O'Mara, who are in contract to purchase the western lot in the above referenced minor subdivision. I would like to respond to the suggestion made at the June hearing, that the constnuotion of a house might adversely affect the stability of the bluff facing the Sound. Please note that the Southold Town Trustees have approved our SITE PLAN, which shows all construction located more than 100 feet back from the Coastal Erosion Hazard Line (CEHL), as per their regulations. In their opinion, the chief threat to the bluff is rainwater runoff, large amounts of which would erode the natural contour. The approved plan shows a non-disturbance zone at the top of the bluff; natural vegetation will limit the amount of runoff over the edge. Any additional work within 100 feet of the GEHL will require their approval, and will Include sub-surface leaching structures to contain runoff and prevent erosion. In my professional opinion, the house and pool will not adversely affect the stability of the bluff. The total weight of these structures (including water in the pooh will not exceed the total weight of the material excavated for the foundations, i.e. there will be no greater load imposed on the site by the O'Mara project. Please consider this in YOUr review of the application. Si RED' h ma Mue Kevin O'Mara thmw•�O ARCH17ECTS 2�235 trlAJN ROAR Cl,7CHOGUE,NEV'✓PORK 11935 (631)734-6405 FAX(631)73.d.640.' 07/03l2002 03:03 516734-0, SAMUELSSTEELMAN PAGE 04 a 4 C17 � MCDON I,D Brix 1000 o Southold,New York 11971 • (631)765:aFz7 TEST HOLE DATA SHEET Name: Samuel Steelman O`Mara Surveyor: Location: Cutchogur Tax Map Number: 1000-72-2-2. 1 Projeot DeSCI-iption: Minor Gate: 7/to/01 Dark brown sarld loam OL, Brown loamy Silt ML --------- .31 Brown clayey silt MH 61 Pale brown tine to coarse sand SW 179 Corrirnents: Evo water encountered Test ho.la bcri4lcj. . .$200oop © C:ESSP0GL -1`J DW£i.LI G .l+T/0, hfIC AEL J, ALLACH .. 9 DORIS E. ALLACF� ! IT ,/ r tf }�'i�I111{/f �jrrr���.IrlIII/f1r '/ l 5 G out I,,/ ffr'dllfff/JIIFiFjJ1f1111it1JJlidJ{rff/ � � r� ���� - � !lflllfilJIIIJI d r — � � I dflflllfP/d1J!!lllFiflJFIfFJFfJ1i �f A,;y �� �/ �i�� �4 �o � ff/flydfflllf�lJl/lPfliltfJlEFF ii �G f !fr/frfrfl!ld1J ` • J � 1 zrf f/flldr!/dlf/lll!!}lf!{}J!l/liFFf �� /f! f/rfffrfllll rf toldlllllfilll �` - f fdflflflr/Irf/lyd� /dJlrldlflf}lJl 1 � � r ��gg -- �:�:-:•, -;-. `� f I r f d f f fdlf Pltf t� !/r!r/Jf fd/JII ..J � _ � `��• "�f -` - `,..�.�_•f`. i,-••:, .'. /f fP/If/f/r!f/l !f/flltf/rtf f t � \ �� ;`'•a'�~;: . /rrrfJ/ditrlffP ff/JldlPf/ftlr/ z �� �' ) ,„ s ` '. � ! !,'//f d//,.�i ff�r//Jr t{f f/J1 f f fl•�/ ~�' . �� _ 1 !/,frfr/rrfrt�r/rir/rrllffifffff! _ f / f � rr//rirlflfl f/f •' __ -- -� 1 -rff f J///i rJ/frf• f ' �r rftff rfj/r / 1 / �� �Frfri/rrrirrtt rrfft�rfr///rrJ f � --- •�.� i � 1 _ J, �. Lo r r"r.rrr/ffrfdPd I rff ) I / - Lin rrrrrd/rldJidl!LC) P/Irffdffdlf " - dff!rr/f/r1 ,dlfPflf/dtlt/J j r y '�x�a /d fff•frf/fl! I f / fIL1 1� \ •'.- r•su�lS�h�� F.+v*' r?PE f ldfrrrfffff/rflr ! t CA Cb ,�I fff/rd!,f/,'�flfff/Ir'////Jl!// /! _•.. � � -- - �--- r,;'fjr L , — — -- 'ER TR 1 WOODED r �r r + i e �— ! _ r ~ — f f• 1 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO. 631-249-9484 July 24, 2002 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates Dear Mark: Enclosed is the Technical Report prepared by Joseph Fischetti, P.E. in connection with the bluff stability concerns. I understand that you have the vegetation/landscaping plan from Tom Samuels which is referenced in this report. This is to further confirm our appointment at the July 291"work session. I will speak to our environmental consultant regarding the Article 25 permit. Please advise if you require anything further. Very trul yours, Abigail A. Wickham AAW/dmc end 30/shdtpb 1 JUL 2 5 2w Southold Town Iran a Bwrd TECHNOCAL REPORT BAXTER SOUND ESTATES Minor Subdivision ANALYSIS AND CONCLUSONS FOR THE EFFECT OF RESIDENTIAL CONSTRUCTION ON THE ADJACENT BLUFF PREPARED FOR Gail Wickham, Esq. Main Road Mattituck,NY Submitted by Joseph Fischetti, PE Hobart Road/PO Box 616 Southold,NY 11971 (516) 765-2954 Page 1 of 7-July 22, 2002 INTRODUCTION This report will describe why the proposed minor subdivision and the subsequent construction of two single family homes and entrance road as shown on Minor Subdivision map prepared by Joseph A. Ingegmo will have no detrimental effect on the adjacent bluff. QUALIFICATIONS Joseph Fischetti, PE is a professional engineer licensed to practice in New York State. Mr. Fischetti has been in private practice since 1976. Mr. Fischetti has a degree of Civil Engineering from Villanova University in Pennsylvania. He also has a Masters Degree on Business Administration from Adelphi University. BACKGROUND INFORMATION The location of the property is on the hamlet of Cutchogue in the Town of Southold. The total property consists of 4.653 acres. The property owners have submitted application to subdivide the property into two lots with an access road off of Oregon Road. This report will discuss the effect of the construction of two single family lots and the entrance road on the stability of the bluff. INTRODUCTION Much of the North Shore bluffs are comprised of and underlain by glacial and interglacial deposits of sand, gravel, silt, and clay. Glaciations have sculpted, compacted, transported, and deposited these materials. Shoreline erosion processes have formed the landscape we see today. This landscape is generally characterized by steep, eroding bluffs of glacial and interglacial sediments, and narrow beaches. Page 2 of 7-July 22, 2002 Factors affecting shoreline and bluff stability operate across a broad spectrum. For hazard assessment purposes, factors needing consideration will vary with location. Along segments of shoreline backed by a sandy beach and bluff, the primary process of erosion is "mass wasting". Others include the weathering processes such as direct wind and rain impacts that result in gradual bluff recession, as in well as episodic slope movement. A distinction between simple shallow sloughing and complex deep-seated land sliding/slumping is useful in this regard. The term landsliding is generally applied to translational mass movements, or motions that occur along a more or less planar surface. The term slumping is generally applied to rotational mass movements, or motions that occur about an axis. Most large mass movements possess both translational and rotational components of motion, however. Mass Wasting: Mass-wasting is the down-slope movement of Regolith (loose uncemented mixture of sand and rock particles that cover the earth's surface) by the force of gravity without the aid of a transporting medium such as water, or wind. When discussing the stability of the bluffs on the north shore of the North Fork, it is mass-wasting or the commonly referred term of landslide that is the resulting action of any instability of the slope, whether it is man-made or natural. What Causes Land Movements? Land movements occur when the force of gravity exceeds the resistance of the slope. Three things are considered when determining slope stability. • Composition of Slope Materials • Moisture in Slope Materials • Instability of the Slope Page 3 of 7-July 22, 2002 Composition of Slope Materials: • Steeper slopes remain more stable when composed of larger, angular and flatter materials • If slope material is unconsolidated, it has a greater chance to move • Organic material, such as tree roots, help consolidate materials on a slope and decrease the chance of movement Moisture in the Material: • Moisture lubricates slope materials and lowers internal friction, easily allowing particles to move • Moisture decreases the cohesion of materials and makes soil more susceptible to erosion Instability of the Slope: • Below are listed the angles of repose for three different kinds of materials. If the angle increases above the natural of repose of a slope, the slope will become unstable and will have\ an increased chance to move. Angle of Repose for Various Soil Conditions Dry Sand: 33% Sand and loose gravel 25%—30% Loam: 35%-40% Compacted Clay: 50%- 80% Page 4 of 7-July 22, 2002 i The concept of the critical angle of a slope is therefore very important. The critical angle (or angle of repose) is a theoretical angle for a given slope, below which the slope will be stable. That is to say, if the actual slope angle is less than the theoretical critical angle, then no mass wasting will occur. And if the actual slope angle is greater than the critical angle, then mass wasting will occur. The critical angle depends on such things as vegetation on the slope, the type of material on the slope, whether the slope is wet or dry, etc. Triggers that Cause Movement: • Earthquakes o Provide the vibration necessary to make an unstable slope give way • Improper Drainage of Precipitation o Water lubricates the material, making it easier for it to now o Rainfall runoff from the top of the slope helps erode the slope • Steepened Slope Angles (due to construction, erosion, etc.) o Excavating or building into the side of a hill increases the angle it makes with the horizon, thereby making that angle greater than the angle of repose and creating a condition for land to move o The cutting away of the toe of the slope by wave action. Page 5 of 7-July 22, 2002 Baxter Sound Estates Existing Conditions Having reviewed the Subdivision map for the Baxter Sound Estates project I have calculated the angle of repose of the bluff to be 25 degrees. The test borings at the site reveal that the bluff consists of sand and gravel. The normal angle of repose for a bluff consisting of sand would be 30 degrees to 35 degrees. The angle of repose for a bluff with heavy gravel would increase the angle or repose. A bluff consisting of Sand and gravel would depend on the ratio of sand to gravel but would be in the range of 25 to 30 degrees. The existing bluff with an angle of repose of 25 degrees would mean that the existing bluff adjacent to the Baxter Sound Estates subdivision is at its natural angle of repose and therefore stable. The existing topography of the construction envelopes, slope away from the top of the bluff. This condition keeps all rainfall from eroding the bluff surface. Both the construction of the homes and the construction of the entrance roadway will not change the existing topography. Factors in Protecting the Bluff from Instability: 1. The existing bluff is at its natural angle of repose 2. Vegetative planting of the existing bluff to keep stability (Prepared by Samuels & Steelman) 3. The soil make-up of the bluff and construction envelope allows the rainfall to percolate down through to the groundwater without being trapped by any impermeable layers and eroding the bluff 4. The natural topography of the building envelopes flow away from the top of the bluff, eliminating the possible erosion of the bluff face from surface erosion 5. All runoff from the new roadway is retained in underground leaching rings 6. Construction equipment will be more than 100 feet from the top of the bluff not effecting the bluff stability Page 6 of 7-July 22, 2002 CONCLUSIONS The construction of the additional residential homes by the approval of the minor subdivision will not have a detrimental effect on the adjacent sound bluff. The present bluff is in its natural angle of repose is in a stable condition. With the proposed planting schedule for the bluff face the bluff face will be protected from future erosion. All surface runoff is flowing away or being retained in leaching rings. It is the opinion of this engineer that the stability of the bluff will not be compromised by the proposed construction of the two single family homes and the access road. This report of findings submitted this July 22, 2002 �()F NEyZ, SCy rr �. cc 2 . 052 �CFESSIONP� Joseph Fischetti, PE This engineering report is furnished in support of the applicant's request for a subdivision of lands located in the Hamlet of Cutchogue, The Town of Southold. Page 7 of 7-July 22, 2002 �l r S A M U E L S & S T E E L M A N July 8, 2002 . Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: BAXTER SOUND ESTATES 14345 Oregon Road, Cutchogue, NY SCTM # 1000-72-02-p/o 2.1 Dear Bennett and members of the Planning Board, To expand upon my letter of June 28 (enclosed) I have reviewed the soil boring report taken in the proposed building envelop on the western parcel, made by Mark McDonald of McDonald Geoscience, Southold (also enclosed), and can confidently assert the following: 1) The subsurface conditions are normal for the area, i.e. the soil consists of sand and silt particles typical for the moraine (bluff) along the Long Island Sound. 2) Below eight feet, the depth of a typical foundation footing, the subsurface consists of"pale brown fine to coarse sand". This composition provides a minimum of 2 tsf (2 tons per square foot), which is perfect bearing for the typical 16" wide reinforced spread footing. 3) No clay was encountered to 17 feet below grade. Clay could complicate the design of spread footings, necessitating additional reinforcing and larger footings. Clay was not encountered. Therefor, it is my professional judgement that the subsurface conditions on the subject parcel are suitable for the construction of conventional single family residences. We have been practicing architects in Cutchogue for 17 years, during which time we have designed many houses along the Sound, and dozens of houses throughout the Town. . We employ the services of Stephen Maresca, PE, of Hampton Bays to review our designs and provide structural sizing. I hope this letter helps you in your determination of the above project. Sincerely, 11Rea A . T o a Is cc: ail , K vi O'Mara JUL 0 8 2002 L' ARCHITECTS �0 1835� 25235 MAIN ROAD Southold Town CUTCHOGUE,NEW YORK 11935 0 (631)734-6405 p'arl !9�� Board FAX(631)734-6407 S A M U E L S & S T E E L M A N June 28, 2002 • Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: BAXTER SOUND ESTATES 14345 Oregon Road, Cutchogue, NY SCTM # 1000-72-02-p/o 2.1 Dear Bennett and members of the Planning Board, I am the architect who has designed a house for Mr and Mrs Kevin O'Mara, who are in contract to purchase the western lot in the above referenced minor subdivision. I would like to respond to the suggestion made at the June hearing, that the construction of a house might adversely affect the stability of the bluff facing the Sound. Please note that the Southold Town Trustees have approved our SITE PLAN, which shows all construction located more than 100 feet back from the Coastal Erosion Hazard Line (CEHL), as per their regulations. In their opinion, the chief threat to the bluff is rainwater runoff, large amounts of which would erode the natural contour. The approved plan shows a non-disturbance zone at the top of the bluff; natural vegetation will limit the amount of runoff over the edge. Any additional work within 100 feet of the CEHL will require their approval, and will include sub-surface leaching structures to contain runoff and prevent erosion. In my professional opinion, the house and pool will not adversely affect the stability of the bluff. The total weight of these structures (including water in the pool) will not exceed the total weight of the material excavated for the foundations, i.e. there will be no greater load imposed on the site by the O'Mara project. Please consider this in your review of the application. Si BPS C. a,,� h ma mue c s�qr sill a , Kevin O'Mara �F NEW ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631)734-6405 FAX(631)734-6407 MCDONALD GF0SCWVCE , Box 1000 •Southold, New York 11971 • (631)765-3677 TEST HOLE DATA SHEET Name: Samuel Steelman O'Mara Surveyor: Location: Cutchogue Tax Map Number: 1000-72-2=2.1 Project Description: Minor Date: 7/6/01 Dark brown sandy loam OL Brown loamy silt ML _-------- 3 ° Brown clayey silt MH Pale brown fine to coarse sand SW 17' Comments: No water encountered Test hole boring. . .$2.00.00 ' 1 / CESSPOOL DWELLI 0 i w NIO MICHAEL J. ALLAGHER & DORIS E. ALLAGHERs o+ � �fl 77 5*7. 0 cl tot/ — — //lllllllll11111 ///l//lllllll 111 WOODED I� � � // / I � � � . �� °o / /// ///////////////l///////lllllll I -- �/ ► / - /� J�r POOH X40 _ M /,:. 24' ' BUILDING ENePEly 6e / / ^ / ro wU O� FARM FIELD Subuntsston Without a Cover Letter Sender: Subject: JUbcl�yr 51, n SCT]ff#: 1000- 7,-2 - a. Date: 7 - /. 7-07- Continents: - JUL W 2002 outh®1d Tory PLANNING BOARD MEMBERS `QSUFfO��►`' O O G BENNETT ORLOWSKI,JR. �� 'L� P.O.Box 1179 Chairman o :.t Town Hall, 53095 State Route 25 y WILLIAM J.CREMERS Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. y Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, July 8, 2002, adopted the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 and A-C Zoning Districts; and WHEREAS, several items remain outstanding; be it therefore RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed subdivision application for Baxter Sound Estates. The next regularly scheduled Planning Board Meeting will be held on August 12, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, nett Or ows i, Jr:L Chairman O�OS13FFO`�c M ( -` ELIZABETH A.NEVILLE _ 'y� Town Hall, 53095 Main Road TOWN CLERK y - P.O. Box 1179 REGISTRAR OF VITAL STATISTICS r0 Southold, New York 11971 MARRIAGE OFFICER �,iL Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ��l Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net 1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 405 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2002: RESOLVED that the Town Board of the Town of Southold hereby approves the reduction in the amount of the performance bond to $60,425.00 for the Minor Subdivision "Baxter Sound Estates" located on the north side of Oregon Road,west of Bridge Lane, Cutchogue, SCTM# 1000-72-2-2.1 and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby approves the administration fee for this minor subdivision in the amount of$3,625.00 as determined by the Town Engineer. Elizabeth A. Neville Southold Town Clerk m S A M U E L . S. . .& S J E E L M A N.,. June 28, 2002 Bennett Orlowski, Chairman Southold Town-Planning Board Town Hall Southold, NY 11971 Re: BAXTER SOUND ESTATES 14345 Oregon Road, Cutchogue, NY SCTM # 1000-72-02-p/o 2.1 Dear Bennett and members of the Planning Board, I am the architect who has designed a house for Mr and Mrs Kevin O'Mara, who are in contract to purchase the western lot in the above referenced minor subdivision. I would like to respond to the suggestion made at the June hearing, that the construction of a house might adversely affect the stability of the bluff facing the Sound. Please note that the Southold Town Trustees have approved our SITE PLAN, which shows all construction located more than 100 feet back from the Coastal Erosion Hazard Line (CEHL), as per their regulations. In their opinion, the chief threat to the bluff is rainwater runoff, large amounts of which would erode the natural contour. The approved plan shows a non-disturbance zone at the top of the bluff; natural vegetation will limit the amount of runoff over the edge. Any additional work within 100 feet of the CEHL will require their approval, and will include sub-surface leaching structures to contain runoff and prevent erosion. In my professional opinion, the house and pool will not adversely affect the stability of the bluff. The total weight of these structures (including water in the pool) will not exceed the total weight of the material excavated for the foundations, i.e. there will be no greater load imposed on the site by the O'Mara project. Please consider this in your review of the application. Sincerely, 4� 111 fhomas C C. Samuels JUL cc: Gail Wickham, Kevin O'Mara Southold Town ARCHITECTS P18R7411 09rd 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631)734-6405 FAX(631)734-6407 a STEVEN L. MARESCA CONSULTING ENGINEER 18"7 W.MONTAUK HIGHWAY•HAMPTON BAYS,NY 11946•(631)728-9480•FAX(631)728-9484 June 19, 2002 Lark & Folts — Attorney at Law P.O. Box 973 Cutchogue, N.Y. 11935 Attn: Richard Lark Re: Gallagher Property Oregon Road Review of Cliff Dear Richard: As per your request I have completed a preliminary site investigation of the Gallagher Property and the properties to either side. My findings are as follows; The Gallagher property sits along the Long Island Sound shorefront. The existing residence is situated behind a 70 foot high cliff. There are signs of current erosion along the north slope of this property as well as the two adjacent properties. Any development of the properties must take the condition of the cliff into account. I feel that a series of recommendations should be made to help limit the amount of erosion. By this letter I am requesting that two soil borings be taken on the Gallagher property. One each side of the property, towards the north side of the property. The borings should be taken down to groundwater to identify the soil type and probable percolation of the soil. I will visit the site again to provide a more detailed analysis of the situation. My final report will be completed by mid August, 2002. Please forward any further information as it becomes availa e. Sinc el y urs, L. ares a P.E. JUL 012002 / PLABENNETTNING BORLOWI MEMBERS g�FFO(,��oG P.o.sox 1179 Chairman 'f' Town Hall,53095 State Route 25 WILLIAM J.CREMERS CIOSouthold, New York 11971-0959 KENNETH L.EDWARDS V. Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. • `F Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD VV�7 To: Ms. Betty Neville/Town Clerk From: Mark Terry, Senior Environmental Planner Date: June 17, 2002 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road,west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Please find the attached revised bond estimate for Town Board consideration. PLANNINETT BOARD ORLOW�MBERSBENNJR O�OSVFFO(�►CO P.O. Box 1179 Chairman �� G'y� Town Hall, 53095 State Route 25 WILLIAM J.CREMERS cz y Southold, New York 11971-0959 KENNETH L.EDWARDS v. Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. G Fax(631) 765-3136 RICHARD CAGGIANO *A PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 11, 2002 Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, June 10, 2002, adopted the following resolution: WHEREAS the Cutchogue Fire District has released the applicant from a fire well requirement; be it therefore RESOLVED, that the Southold Town Planning Board accept the revised bond estimate in the amount of$60,425.00, dated June 4, 2002, as determined by the Town Engineer and recommends same to the Town Board; and BE IT FURTHER RESOLVED, that the Southold Town Planning Board recommends acceptance of the administration fee of$3,625.00 as determined by the Town Engineer and recommends same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBI BENNETT ORLOWSKI,JR. FO(�►c P.O. Box 1179 Chairman ��. �G Town Hall, 53095 State Route 25 WILLIAM J. CREMERS h� y� Southold, New York 11971-0959 KENNETH L.EDWARDS Cz Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. h = Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 11, 2002 Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, June 10, 2002, adopted the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 and A-C Zoning Districts; and WHEREAS, several items remain outstanding; be it therefore RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed subdivision application for Baxter Sound Estates. The next regularly scheduled Planning Board Meeting will be held on July 8, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. truly your , nnett Orlowski, Jr. Chairman �g11FF0(�- 1 JOSHUA Y. HORTON =� c°°s� JAMES A. RICHTER, R.A. SUPERVISOR y = ENGINEER TOWN HALL - 53095 MAIN ROAD �y • !� TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 �Ol �a° Tel.(516)-765-1560 OFFICE OF THE,ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE BAXTER SOUND ESTATES OREGON ROAD,CUTCHOGUE,TOWN OF SOUTHOLD SCTM#1000-72-07-2.1 DATE February 12,2002 Revised: June 4,2002 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 1,200 C.Y. ROUGH GRADING/SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 3,600.00 . DRAINAGE 2. 7 EACH CAST IRON INLET GRATE&FRAME 500.00 3,500.00 3. 88.5 V.F. 8' DIAMETER LEACHING POOL 250.00 22,125.00 4. 30 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 750.00 5. 2,500 S.Y. FINE GRADING 1.50 3,750.00 SURFACING 6. 140 C.Y. 3/4"STONE BLEND WEARING COURSE 135.00 18,900.00 7. 2 EACH STREET LIGHTS ITEM DELETED BY PLANNING BOARD 3/15/02 8 720 S.Y. TOPSOIL&SEED 7.50 5,400.00 9. 2 EACH STREET SIGNS 200.00 400.00 10. 70 EACH STREET TREES ITEM DELETED BY PLANNING BOARD 3/15/02 11. 1 EACH FIRE WELL ITEM DELETED BY PLANNING BOARD 4/15/02 12. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 BOND ESTIMATE TOTAL $ 60,425.00 f 6% ADMINISTRATION FEE $ 3,625.50 t �uv bll old Town � 9 .::: , "ll. Board' A, JON q'i 2 U LAW OFFICES WICKHAM, WICKHAM& BRESSLER,P.C. th 10315 MAIN ROAD, P.O.BOX 1424 i WILLLIAM WICKHAM MATTITUCK,LONG ISLAND MELVILLt OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 MELVILLE, N.Y. 11747 LYNNE M.GORDON 631-298-8353 JANET GEASA TELEFAX NO.631-298-8565 631-249-9480 FAX NO.631-249-9484 June 7, 2002 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Minor Subdivision of Baxter Sound Baxter Estates SCTM#1000-72-2-2.1 SEQRA . Completion of Revised Environmental Assessment Form Section D. Informational Details and Water Supply Narrative Gentlemen: The following information is submitted in response to the above Narrative Request: 1. Explanation of existing site use, etc. The existing site contains two vacant parcels, subject to final Planning Board approval. Each parcel is proposed to be developed with a single family residence and accessory uses. Private sanitary systems will be provided on each parcel per Suffolk County Department of Health Services (SCDHS) requirements and approvals under H.D. Ref. #S 10-99-0010, and the approvals for each lot. Water use will be domestic only, 2. Water Supply. Each lot contains a private well which has been tested by SCDHS, which has required the filing of private well covenants, copy attached. The nearest public water main is at Cox Lane and Oregon Road, but is not available for hook-up to this project. Suffolk County Water Authority letter dated May 24, 2002 is attached. Adjacent private wells are located on the Gallagher property located between Lots 1 and 2, and on SCTM# 1000-72-1-1.10, each serving a single family residence. 3. Public Water. See Item 2 above. Southold Town Planning Board -2- June 7, 2002 4. Private Wells. Water supply was approved by SCDHS on April 19, 2002 (as shown by stamp on proposed map). Test well results on water quality are attached to the Covenants and Restrictions enclosed. Well specifications are attached. 5. Water Conservation Measures. a. Drought tolerant plants will be utilized for landscaping. This is further indicated by the sandy soil. b. Lot owners have been advised that native vegetative buffers on and along the bluff will be maintained as established plantings not requiring irrigation to maintain, or as otherwise required by regulatory agencies having jurisdiction. c. There are no dedicated open space areas. d. Roof runoff will be contained in drywells. The property is relatively level, so rainfall which falls on non-built areas,which encompass most of the property, which be recharged into groundwater through natural seepage to the water table. 6. Verification. I certify that the information provided above is true to the best of my knowledge. / � r Applicant/Sponsor Abi ail Wickham AAW/dmc end 30/shdtpbl The undersigned, Chairman of the SUFFOLK COUNTY WATER AUTHORITY, hereby certifies that at a meeting of the Members of said public-benefit corporation,duly called and held at the Authority's principal office on Sunrise Highway at Pond Road, Oakdale, County of Suffolk, New York, on May 21, 2002, the following resolution was adopted and that same is in full force and effect: (231-05-2002)WHEREAS, the Town of Southold endorsed a Water Supply Management& Watershed Protection Strategy in June 2000 and adopted a map entitled "Locations of Existing Water Mains and Potential Future Water Mains Relative to Protected Lands Within Southold Town,"and WHEREAS, the Water Authority's water system in the Town of Southold is currently at its capacity based upon existing customers and commitments to supply public water;and WHEREAS,the Water Authority needs to develop both a short and long term plan for maintaining and providing a dependable supply of high quality drinking water within the Town of Southold to meet the requirements of the Town of Southold's water supply strategy and map and the requirements of public health within the Town;now therefore be it RESOLVED, That a six-month planning moratorium on new hookups to the Water Authority system in the Town of Southold is hereby adopted under which no new customers shall be permitted to hookup to the Water Authority public supply system except as provided below. During this moratorium period a short and long term plan shall be developed for maintaining and providing a dependable supply of high quality drinking water for the residents of the Town of Southold in accordance with the Town of Southold's water supply strategy and map and to meet the requirements of public health with the Town. During the moratorium period hookups shall only permitted in the following circumstances: I. Existing improved premises with a Water Authority surcharge contract or paying the quarterly minimum charge that have not yet had a meter set for service; II. Existing improved premises where a private well goes bad; III. Single approved lots with a letter from the Water Authority indicating the availability of water for a new hookup and that have a Town of Southold Building Permit dated on or before May 21,2002; IV. Subdivisions and projects outside the Village of Greenport that previously contracted for public water from the Village of Greenport; V. Subdivisions with final approval from the Town of Southold that had the issue of public water supply analyzed as part of the SEQRA review process of the subdivision approval and that were issued of letter from the Water Authority indicating the availability of water for the subdivision; VI. Situations where an extreme hardship is demonstrated. W I T N E S S my hand and seal of the Authority this 24"day of May, 2002, at Oakdale, New York. Michael A. LoGrande, Chairman (SEAL) L ` 2 3 P RECCIRDED Number of pages ,001 Nov 01 C 90 04%17 AM TORRENS Edward u:.F����maine C;LEF,'K t iF SI JFFOLK C:OUNTkc Serial# i D4 HOC�1 ''.50 Certificate# P '1 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee 3© r Mortgage Amt. Handling _� 1.Basic Tax TP-584 2.Additional Tax Notation Bub Total EA-5217(County) Sub Total 3 5 Spec./Assit. Or EA-5217(State) _ Spec./Add. R.P.T.S.A. ry �A�, TOT.MTG.TAX Dual Town Dual County Comm.of Ed. 50 T: Held for Apportionment Affidavit +"�h_., �d * - Transfer Tax Mansion Tax lCertified Copy —�°'�- The property covered by this mortgage is or Re .Co will be improved by a one or two family Reg.Copy � .— dwelling only. Sub Total YES or NO Other If NO, see appropriate tax clause on page# GRAND TOTAL l�r of this instrument. o Real Property Tax Service Agency Verification 6� Community Preservation Fund Dist. Section B lock Lot Consideration Amount $ co uwy 1000 072.00 02.00 002.001 CPF Tax Due Ij t� � Improved /D Vacant Land Ini ' s 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD Wickham, Wickham & Bressler, P.C. . P.O. Box 1424 TD Mattituck, New York 11952 8 Title Company Information Co. Name Title# Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by; (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in BAXTER PROPERTIES, INC. SUFFOLK COUNTY,NEW YOM TO In the Township of SOUTHOLD SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES In the VILLAGE or HAMLET of CUTCHOGUE BOXES 5 THRU 9 MUST BE TYPED 0R PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. PRIVATE WELL COVENANTS DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by BAXTER PROPERTIES, INC. , a New York corporation having its principal place of business at (no#) Elijah' s Lane, Mattituck; New York 11952, this _ day, of JuA& 2001, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and 2. WHEREAS, the PREMISES are to be served by an individual on-site private well; and WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of New York and contained excess of the following: Total Nitrates exceed New York State guidelines for potable water. A complete list of analysis results is attached hereto as Schedule C, and each chemical parameter which exceeds 600 of the acceptable level is indicated with an asterisk; and WHEREAS, the County of Suffolk Department of Health Services has agreed to issue a permit only if there be a record covenant that the necessary water conditioning equipment be installed so as to meet the quality standards for drinking water; it is DECLARED and COVENANTED by DECLARANT, their heirs or successor and assigns forever, that no residence upon the above described property will be occupied prior to the installation of the necessary water conditioning equipment so that the water, when conditioned, meets the said minimum quality standards for drinking water of the State of. New York and evidence of the same is furnished to the Suffolk County Department of Health Services for their written approval. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4 . All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, it successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. 9. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a. whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 10. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. BAXTFIR P OP ES, NC, By; L.S. WilliFaIV J. UterV Jr., Pres. By: J ne Baxter Goeller, V.P. STATE OF NEW YORK: .ss. . COUNTY OF SUFFOLK: On June 7 , in the year 2001, before me, the undersigned, personally appeared WILLIAM J. BAXTER, JR., 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, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and office of individual taking acknowledgment ABIGAIL A.MCKHAM I Notary Public,State of Now York No.62-4642871 -Suffolk County STATE OF Ca l TDrn l o-- ; Commission Exp1res*kwg1i-30,A04 s s COUNTY OF fG�/J T(.'. 190r&rf•�. On June an , in the year 2001, before me, the undersigned, personally appeared JANE BAXTER GOELLER, p 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, 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 app ara ce before the undesigned in the City of [arhat ounty of -04-rO r/3Q/'fja�0- State of ItOr�'J Signature and office of individual taking acknowledgment (Notary Public) forms-c&rhdwtr KATHLEEN KERSTIENS Commission#1220460 z -a� Notary Public-California Santa Barbara County MyComm.ET- esMoy21,2003 SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: BAXTER PROPERTIES, INC. H.D. REF. NO. : S10-99-10 All that certain plot piece or parcel of land, situate, lying and being in the Town of SOUTHOLD, at CUTCHOGUE, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47. degrees 49 minutes 00 seconds west, 1785.43 feet to the high water line of Long Island Sound; THENCE along the high water line of Long Island Sound, north 71 degrees 52 minutes 27 seconds east, 224.62 feet; THENCE south 47 degrees 06 minutes 40 seconds east, 557.55 feet; THENCE north 51 degrees 44 minutes 30 seconds east, 70.96 feet; THENCE north 47 degrees 06 minutes 40 seconds west, 530.16 feet to the high water line of the Long Island Sound; THENCE along the high water line of the Long Island Sound, north 70 degrees 59 minutes 58 seconds east, 129.24 feet; THENCE along lands now or formerly of Simchick, south 47 degrees 06 minutes 40 seconds east, 501.30 feet; THENCE south 51 degrees 23 minutes 30 seconds west, 13.65 feet; THENCE south 31 degrees 32 minutes 00 seconds west, 16.83 feet; THENCE south 51 degrees 44 minutes 30 seconds west, 326.35 feet; THENCE south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. TOGETHER WITH AND SUBJECT to a right of way along the southerly 20 feet of premises and over "leg" of premises to Oregon Road, said right of way being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being distant 1100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1.148.32 feet; THENCE north 51 degrees 44 minutes 30 seconds east. 180.85 feet; THENCE south 47 degrees 6 minutes"40 seconds east, 20.24 feet to the northerly side of lands now or formerly of Ricci; THENCE along said lands, the following two courses and distances: 1) south 51 degrees 44 minutes 30 seconds west, 170.38 feet; 2) south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. SCHEDULE B - CONSENT OF MORTGAGEE/LIENOR (NONE) SUFFOLK COST, DEPARTMENT OF HEALTH SERVICES - WATER A! - :IS Requestor Name: C/O WICKHAM, WICKHAM & BRESSLER, PC Request No.: PR99-0233 Location: OREGON ROAD, CUTCHOGUE Sample Date: 02/02/00 Sample Location: TEST WELL Sanitarian: VERYZER Treatment: NONE Field No.: 121-428-00-02-02 Notes: <' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL Results for Sample Group: ALDICARB PESTICIDES analyzed by Suffolk County Department of Health Services Total Aldicarb (talc) ............. < 0.000 7.00 ug/L Oxamyl............................. < 0.500 50.00 ug/L Aldicarb.......................... < 0.5D0 ug/L Carbaryl...................... .... < 0.500 50.00 ug/L Aldicarb-Sulfoxide................ < 0.500 ug/L 1-Naphthol........................ < 0.500 ug/L Aldicarb-Sulfone... ..:............ < 0.500 ug/L Methomyl..... ..................... < 0.500 50.00 ug/L Carbofuran..... ................ ... < 0.500 40.00 ug/L Propoxur (Baygon) ................. < 0.500 50.00 ug/L 3-Hydroxycarbofuran............... < 0.500 50.00 ug/L Methiocarb................ ........ < 0.500 50.00 ug/L ---= Results for Sample Group: CHLORINATED PESTICIDES analyzed by Suffolk County Department of Health Services alpha-BHC.... ..................... < 0.200 0.20 ug/L 4,4-DDD........................... < 0.200 50.00 ug/L beta-BHC.......................... < 0.200 0.20 ug/L 4,4-DDT.. ......................... < 0.200 50.00 ug/L gamma-BHC (Lindane) ............ ... < 0.200 0.20 ug/L Endrin........... .... ............. < 0.200 2.00 ug/L delta-BHC......................... < 0.200 0.20 ug/L Endrin aldehyde................... < 0.200 50.00 ug/L Heptachlor........................' < 0.200 0.40 ug/L Chlordane......................... < 1.000 2.00 ug/L Heptachlor epoxide................ < 0.200 0.20 ug/L Alachlor.......................... < 0.500 2.d0 ug/L Aldrin. ........................... < 0.200 50.00 ug/L Methoxychlor...................... < 0.500 40.00 ug/L 0.200 Dieldrlfan..... .................. ... .... < 0.200 ,2.00 ug/L Endosulfan Sulfate............ 0.200 0.00 ug/L Endosulfan I.................. .... < 0.200 50.00 ug/L Dacthal.. ......................... < 0.200 50.00 ug/L 1,2-dibromoethane................. < 0.020 0.05 ug/L 4,4-DDE...... .................. ... < 0.200 50.00 ug/L 1,2-dibromo-3-dichloropropane..... < 0.020 0.20 ug/L ----= Results for Sample Group: DACTHAL PESTICIDES analyzed by Suffolk County Department of Health Services Monomethyltetrachloroterephthalate < 10.000 50.00 ug/L Tetrachloroterephthalic acid...... < 10.000 50.00 ug/L Results for Sample Group: METALS analyzed by Suffolk County Department of Health Services Silver (Ag)....................... < 5.000 100.00 ug/L Nickel (Ni) ....................... - 3.030 100.00 ug/L Aluminum (Al) ...... ............... < 5.000 ug/L Lead (Pb)......................... < 1.000 15.00 ug/L Arsenic (As). ..................... < 2.000 50.00 ug/L Antimony (Sb)..................... < 1.000 6.00 ug/L Barium (Ba).. ..................... = 78.400 2000.00 ug/L Selenium (Se)........ .......... ... < 2.000 50.00 ug/L Beryllium (Be)... ................. < 1.000 4.00 ug/L Thorium (Th)..... ................. < 1.000 ug/L Cadmium (Cd)........ ... ........... < 1.000 5.00 ug/L Titanium (Ti)..................... = 1.350 ug/L Cobalt (Co).. ..................... < 1.000 ug/L Thallium (T1).............. ....... < 1.000 2.00 ug/L Chromium (Cr) .......... ........... = 4.060 100.00 ug/L Vanadium (V)...... < i.000 ug/L Copper (Cu) .. ..................... < 1.000 1300.00 ug/L Zinc (Zn) ......................... < 50.000 5000.00 ug/L Mercury (Hg). .... .. ............... < 0.400 2.00 ug/L Iron (Fe) ......................... < 0.1.00 0.30 mg/L Manganese (Mn).................... = 0.003 0.30 mg/L Iron + Manganese (Combined, Calc). = 0.003 0.50 mg/L Molybdenum (Mo) .... .......... ..... < 1.000 ug/L Sodium (Na) ....................... = 27.200 270.00 mg/L Results for Sample Group: RADIOLOGICAL analyzed by Suffolk County Department of Health Services Tritium............ .... ........... < 200.000 20000 pC/L Results for Sample Group: STANDARD INORGANICS analyzed by Suffolk County Department of Health Services pH-Lab............................ = 6.300 su Ammonia (NH3-N)................... < 0.020 mg/L Specific Conductivity-Lab......... = 451.000 um/cm Nitrite (NO2-N)...... ............. < 0.020 1.00 mg/L Chloride (Cl)..................... = 53.000 250.00 mg/L Nitrites + Nitrates (NO3-N)....... 9.300 10.00 mg/L Sulfate (SO4) .......... ........... = 85.000 250.00 mg/L Results for Sample Group: SEMI-VOLATILE ORGANICS RESULTS FOR THIS GROUP NOT AVAILABLE. Results for Sample Group: SURFACTANTS analyzed by Suffolk County Department of Health Services _- - -_________ Surfactants-MBAS.. ................ < 0.100 mg/L RESULTS CONTINUED ON NEXT PAGE.... SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 1 page 1 of 4 ' SUFFOLK COUN'-_._-:PARTMENT OF HEALTH SERVICES - WATER ANh., -S teques[or Name: C/O WICKHAM, WICKHAM & BRESSLER, PC Request No.: PR99-0233 ,ocation: OREGON ROAD, CUTCHOGUE Sample Date: 02/02/00 ;ample Location: TEST WELL Sanitarian: VERYZER 'reatment: NONE Field No.: 121-428-00-02-02 dotes: <' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. 4oderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. Che MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL 2ESULTS CONTINUED FROM PRECEDING PAGE ===== Results for Sample Group: VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services :hlorodifluoromethane............. < 0.500 5.00 ug/L tent-Amyl-Ethyl-Ether............. < 0.500 50.00 ug/L ichlorodifluoromethane........... < 0.500 5.00 ug/L Benzene........................... < 0.500 5.00 ug/L :hloroethane...................... < 0.500 5.00 ug/L Toluene....................... .... < 0.500 5.00 ug/L 3romomethane....... ............... < 0.500 5.00 ug/L Chlorobenzene..................... < 0.500 5.00 ug/L :hloromethane.......... ........... < 0.500 5.00 ug/L Ethylbenzene...................... < 0.500 5.00 ug/L Crichlorofluoromethane_........... < 0.500 5.00 ug/L o-Xylene.......................... < 0.500 5.00 ug/L Jinyl Chloride.................... < 0.500 2.00 ug/L m-Xylene........... ............... < 0.500 5.00 ug/L Kethylene Chloride................ < 0.500 5.00 ug/L p-Xylene.......................... < 0.500 5.00 ug/L 1,1 Dichloroethane... ............. < 0.500 5.00 ug/L Total Xylenes..................... < 0.500 5.00 ug/L trans 1,2 Dichloroethene. ....... .. < 0.500 5.00 ug/L 2-Chlorotoluene.... ............... < 0.500 5.00 ug/L --hloroform............... ......... .< 0.500 80.00 ug/L 3-Chlorotoluene................... < 0.500 5.00 ug/L 1,2 Dichloroethane................ < 0.500 5.00 ug/L 4-Chlorotoluene............. ...... < 0.500 5.00 ug/L 1,1,1 Trichloroethane............. < 0.500 5.00 ug/L T. Chlorotoluene.................. < 0.500 5.00 'ug/L 7arbon Tetrachloride.............. < 0'.500 5.00 ug/L 1,3,5 Trimethylbenzene........ .... < 0.500 5.00 ug/L 1-Bromo-2-Chloroethane....... ..... < 0.500 5.00 ug/L 1,2,4 Trimethylbenzene..........._ < 0.500 5.00 ua/L 1,2 Dichioropropane............... < 0.500 5.00 ug/L m,p-Dichlorobenzene............... < 0.500 5.00 ug/L Prichloroethene................... < 0.500 5.00 ug/L 1,2 Dichlorobenzene (0)..... ...... < 0.500 5.00 ug/L chlorodibromomethane.............. < 0.500 80.00 ug/L p-Diethylbenzene... ......... ...... < 0.500 5.00 ug/L 2-Bromo-3-Chloropropane........... < 0.500 5.00 ug/L 1,2,4,5 Tetramethylbenzene........ < 0.500 5.00 ug/L Bromoform.. .............. ....... .. < 0.500 80.00 ug/L 1,2,4 Trichlorobenzene............ < 0.500 5.00 ug/L Petrachloroethene................. < 0.500 5.00 ug/L 1,2,3 Trichlorobenzene............ < 0.500 5.00 ug/L cis-1,2-Dichloroethene............ < 0.500 5.00 ug/L Ethenylbenzene (Styrene).......... < 0.500 5.00 ug/L Freon 113......................... < 0.500 5.00 ug/L 1-Methylethylbenzene.............. < 0.500 5.00 ug/L Dibromomethane.................... < 0.500 5.00 ug/L n-Propylbenzene................... < 0.500 5.00 ug/L 1,1 Dichloropropene............... < 0.500 5.00 ug/L tert-Butylbenzene................. < 0.500 5.00 ug/L 1,1 Dichloroethene... .... ....... .. < 0.500 5.00 ug/L sec-Butylbenzene.................. < 0.500 5.00 ug/L Bromodichloromethane. .... .. ....... < 0.500 80.00 ug/L Isopropyltoluene (p-Cymene) ....... < 0.500 5.00 ug/L 2,3 Dichloropropene............... < 0.500 5.00 ug/L n-Butylbenzene.................... < 0.500 5.00 ug/L cis-1,3-Dict-loropropene........... < 0.500 5.00 ug/L Hexachlorobutadiene............... < 0.500 5.00 ug/L trans-1,3-Dichloropropene......... < 0.500 5.00 ug/L Methyl-Tert-Butyl-Ether (MTBE) .. .. < 0.500 50.00 ug/L 1,1,2 Trichloroethane........... .. < 0.500 5.00 ug/L Naphthalene....................... < 0.500 50.00 ug/L 1,1,1,2 Tetrachloroethane......... < 0.500 5.00 ug/L 1,4-Dichlorobutane................ < 0.500 5.00 ug/L 1,1,2,2-Tetrachloroethane......... < 0.500 5.00 ug/L Methyl Sulfide.................... < 0.500 50.00 ug/L 1,2,3 Trichloropropane............ < 0.500 5.00 ug/L Dimethyldisulfide................. < 0.500 50.00 ug/L 2,2 Dichloropropane............... < 0.500 5.00 ug/L Bromobenzene.......... ............ < 0.500 5.00 ug/L 1,3 Dichloropropane............... < 0.500 5.00 ug/L 2-Butanone (MEK) .................. < 20.000 50.00 ug/L Bromochloromethane................ < 0.500 5.00 ug/L Tetrahydrofuran................... < 20.000 50.00 ug/L tert-Butyl-Ethyl-Ether.......... .. < 0.500 50:00 ug/L SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 1 page 2 of 4 . • SUFFOLK CY DEPARTMENT OF HEALTH SERVICES - WATE1 1LYSIS RegVestor Name: C/O WICKHAM, WICKHAM & BRESSLER, PC Request No.: PR99-0233 Location: OREGON ROAD, CUTCHOGUE Sample Date: 11/01/00 Survey #: SV2296 Sample Location: TEST WELL S-116860T Sanitarian: VERYZER Treatment: NONE Field No.: 121-428-00-11-01 Notes: <' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. *' symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL Results for Sample Group: ALDICARB PESTICIDES analyzed by Suffolk County Department of Health Services Total Aldicarb (calc)............. = 0.640 7.00 ug/L Oxamyl............................ < 0.500 50.00 ug/L Aldicarb.......................... < 0.500 ug/L Carbaryl. ......................... < 0.500 50.00 ugiL Aldicarb-Sulfoxide................ < 0.500 ug/L 1-Naphthol........................ < 0.500 ug/L Aldicarb-Sulfone............. ..... = 0.640 ug/L Methomyl.......................... < 0.500 50.00 ug/L Carbofuran........................ < 0.500 40.00 ug/L Propoxur (Baygon)................. < 0.500. 50.00 ug/L 3-Hydroxycarbofuran............... < 0.500 50.00 ug/L Methiocarb........................ < 0.500 50.00 ug/L Results for Sample Group: CHLORINATED PESTICIDES analyzed by Suffolk County Department of Health Services alpha-BHC......................... < 0.200 0.20 ug/L 4,4-DDD........................... < 0.200 50.00 ug/L beta-BHC.......................... < 0.200 0.20 ug/L 4,4-DDT........................... < 0.200 50.00 ug/L gamma-BHC (Lindane) ............... < 0.200 0.20 ug/L Endrin............................ < 0.200 2.00 ug/L delta-BHC......................... < 0.200 0.20 ug/L Endrin aldehyde............. ...... < 0.200 50.00 ug/L Heptachlor........................ < 0.200 0.40 ug/L Chlordane............. ............ < 1.000 2.00 ug/L Heptachlor epoxide................ < 0.200 0.20 ug/L Alachlor.......................... < 0.500 -2.00 ug/L Aldrin............................ < 0.200 50.00 ug/L Methoxychlor...................... < 0.500 40.00 ug/L Dieldrin.......................... < 0.200 50.00 ug/L Endosulfan II..................... < 0.200 2.00 ug/L Endosulfan I...................... < 0.200 2.00 ug/L Endosulfan Sulfate................ < 0.200 50.00 ug/L Dacchai........................... < 0.200 50.00 ug/L 1,2-dibromoetha_ne...... ........... < 0.020 0.05 ug/L 4,4-DDE........................... < 0.200 50.00 ug/L 1,2-dibromo-3-dichloropropane..... < 0.020 0.20 ug/L Results for Sample Group: DACTHAL PESTICIDES analyzed by Suffolk County Department of Health Services Monomethyltetrachloroterephthalate < 10.000 50.00 ug/L Tetrachloroterephthalic acid...... < 10.000 50.00 ug/L Results for Sample Group: HERBICIDE METABOLITES analyzed by Suffolk County Department of Health Services Didealkylatrazine (G-28273)....... < 0.800 50.00 ug/L Metolachlor OA (CGA-51202) ......... = 3.140 50.00 ug/L Deisopropylatrazine (G-28279)..... < 0.200 50.00 ug/L Metolachlor ESA (CGA-354743)...... = 3.500 50.00 ug/L Desethylatrazine (G-30033)........ < 0.400 50.00 ug/L Metolachlor metabolite (CGA-4163B) < 0.300 50.00 ug/L Imidacloprid...................... < 0.200 50.00 ug/L Metolachlor metabolite (CGA-40172) < 0.300 50.00 ug/L Alachlor OA (Oxanilic Acid)....... < 0.400 50.00 ug/L Metolachlor metabolite (CGA-67125) < 0.300 50.00 ug/L Alachlor ESA (Sulfonic Acid)...... < 0.200 50.00 ug/L 2-HydroxyAtrazine (G-34048)....... < 0.300 50.00 ug/L Metolachlor metabolite (CGA-37735) < 0.200 50.00 ug/L Results for Sample Group: METALS analyzed by Suffolk County Department of Health Services Silver (Ag).... ................... .. 5.000 100.00 ug/L Nickel (Ni) ........................ = 4.040 100.00 ug/L Aluminum (Al).. ...... ............. = 37.000 ug/L Lead (Pb) .......... ........... .... = 2.270 15.00 ugiL Arsenic (As)...................... < 2.000 50.00 ug/L Antimony (Sb)..................... < i.000 6.00 ug/L Barium (Ba)....................... = 65.200 2000.00 ug/L Selenium (Se)................. .... < 2.000 50.00 ug/L Beryllium (Be). ................... < 1.000 4.00 ug/L Thorium (Th).... .................. < 1.000 ug/L Cadmium (Cd)........... ........... < 1.000 5.00 ug/L Titanium (Ti)..................... = 3.520 ug/L Cobalt (Co).... ................... < 1.000 ug/L Thallium (T1)......... ............ < 1.000 2.00 ug/L Chromium (Cr).. ................ ... = 2.000 100.00 ug/L Vanadium (V)...................... < 1.000 ug/L Copper (Cu)....................... = 1.820 1300.00 ug/L Zinc (Zn) .... .. ................... = 61.200 5000.00 ug/L Mercury (Hg)...................... < 0.400 2.00 ug/L Iron (Fe) ......................... = 0.120 0.30 mg/L Manganese (Mn).................... = 0.017 0.30-mg/L Iron + Manganese (Combined, Calc). = 0.137 0.50 mg/L Molybdenum (Mo) ................... < 1.000 ug/L Sodium (Na) ....................... = 21.400 270.00 mg/L Results for Sample Group: STANDARD INORGANICS analyzed by Suffolk County Department of Health Services pH-Lab............................ = 6.100 su Ammonia (NH3-N) ................... < 0.020 mg/L Specific Conductivity-Lab......... = 521.000 um/cm Nitrite (NO2-N)................... < 0.020 1.00 mg/L Chloride (Cl).......... ........... = 49.000 250.00 mg/L Nitrites + Nitrates (NO3-N)....... = 12.100 10.00-mg/L Sulfate (SO4)..................... = 107.000 250.00 mg/L RESULTS CONTINUED ON NEXT PAGE.... SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 2 page 3 of 4 SUFFOLK COuNTx DEPARTMENT OF HEALTH SERVICES - WATER ANALYSIS Requestor Name: C/O WICKHAM, WICKHAM & BRESSLER, PC Request No.: PR99-0233 Location: OREGON ROAD, CUTCHOGUE Sample Date: 11/01/00 Survey N: SV2296 Sample Location: TEST WELL S-116860T Sanitarian: VERYZER Treatment: NONE Field No.: 121-428-00-11-01 Notes: < symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL RESULTS CONTINUED FROM PRECEDING PAGE ===== Results for Sample Group: SEMI-VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services Hexachlorocyclopentadiene......... < 1.000 50.00 ug/L Metolachlor............... ..... ... < 0.200 50.00 ug/L Hexachlorobenzene.... ............. < 0.200 1.00 ug/L Dacthal.. . .................. ... ... < 0.200 50.00 ug/L Simazine... ... ....... ............. < 0.200 4.00 ug/L Butachlor.... ................... .. < 0.200 50.00 ug/L Atrazine. .. ...... ................. < 0.200 3.00 ug/L Bis(2-ethylhexyl)adipate.......... < 0.500 400.00 ug/L Total Triazines + Metabolites (Cal < 0.000 4.00 ug/L Bis(2-ethylhexyl)phthalate.. ...... < 2.000 6.00 ug/L Metribuzin. ....................... < 0.200 50.00 ug/L Benzo(a)pyrene.................... < 0.200 0.20 ug/L Alachlor... ...... ................. < 0.200 2.00 ug/L Bromacil...... .................... < 0.500 ug/L Propachlor. ........... ............ < 0.200 ug/L Prometon..... . .................... < 0.500 ug/L Diazinon.......................... < 0.200 ug/L Pentachlorobenzene... ........... .. < 0.200 50.00 ug/L Metalaxyl.. ...... .... ............. < 0.200 50.00 ug/L Disulfoton.............. .. ........ < 0.500 50.00 ug/L Tebuthiuron.......... ...........:. < 0.500 50.00 ug/L Ethofumesate........ .... .... ...... < 0.200 50.00 ug/L .Acetochlor............. ........... < 0.200 50.00 ug/L Chlorpyriphos....... .... ....... . .. < 0.200 50:00 ug/L Malathion........ ................. < 0.500 50.00 ug/L Cyfluthrin........................ < G.200 50.00 ug/L Isofenphos....... ................. < 0.500 50.00 ug/L Benfluralin....................... < 0.500 50.00 ug/L Trifluralin....................... < 0.500 50.00 ug/L Chlorothalonil.................... < 1.000 50.00 ug/L Pentachloronitrobenzene........... < 0.200 50.00 ug/L Triadimefon....................... < 0.500 50.00 ug/L Vinclozolin....................... < 0,50 C 30.00 ug/L iodofenphco............. ......... < 0.200 ;0.00 /L Pendimethalin... . ................. < 0.200 5.00 ug/L Permethrin.................. .... .. < 0.200 50.00 ug/L Iprodione.. ...... ................. < 0.500 5C.00 ug/L Terbufos. ..... .................... < 0.200 50.00 ug/L EPTC....... ...... ...... ........... < 0.200 50.00 ug/L Terbacil. ........ ....... ......... .. < 0.500 50.00 ug/L Dinoseb... ............. ........... < 0.500 7.00 ug/L Disulfoton sulfone...... ........ .. < 0.200 50.00 ug/L Cyanazine.. ............ ....... .... < 0.200 50.00 ug/L Kelthane.................... .... .. < 0.500 50.00 ug/L Napropamide.......... .. ........... < 0.200 50.00 ug/L Methoprene......... .... .... ..... . < 0.200 50.00 ug/L Bloc... ........................... < 0.200 50.00 ug/L Sumithrin........... .............. < 0.200 50.00 ug/L Resmethrin........................ < 0.200 50.00 ug/L Dichlorbenil............ .......... < 0.200 50.00 ug/L Results for Sample Group: SURFACTANTS analyzed by Suffolk County Department of Health Services Surfactants-MBAS.................. < 0.100 mg/L Results for Sample Group: VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services Chlorodifluoromethane............. < 0.500 5.00 ug/L tert-Amyl-Ethyl-Ether... ........ .. < 0.300 50.00 ug/L Dichlorodifluoromethane........... < 0.500 5.00 Ug/L Benzene................. .... ...... < 0.5D0 5.00 ug/L Chloroethane....... . ........... ... < 0.500 5.00 ug/L Toluene................. ....... ... < 0.500 5.00 ug/L Bromomethane........... ..... .... .. < 0.500 5.00 ug/L Chlorobenzene.... .............. ... < 0.500 5.00 ug/L Chloromethane............ ... ...... < 0.500 5.00 ug/L Ethylbenzene...................... < 0.500 5.00 ug/L 'Irichlorofluoromethane.......... .. < 0.500 5.00 ug!L o-Xylene............. ... ........ .. < 0.500 5.00 ug/L Vinyl Chloride................. ... < 3.500 2.00 ug/L m-Xylene........ ................ .. < 0.500 5.00 ug/L Methylene Chloride............. ... < 0.500 5.00 ug/L p-Xylene...... . ........ ........ . . < 0.500 5.00 ug/L 1,1 Dichloroethane. ............... < 0.500 5.00 ug/L Total Xylenes.... ... ....... ..... .. < 0.500 5.00 ug/L trans 1,2 Dichloroethene.......... < 0.500 5.00 ug;L 2-Chlorotoluene...... ... .... .. . .. < 0.500 5.00 ug/L Chloroform. ........................ < 0.500 80.00 ug/L 3-Chlorotoluene..... .... ........ .. < 0.500 5.00 ug/L 1,2 Dichloroethane................ < 0.500 5.00 ug/L 4-Chlorotoluene.. ............... .. < 0.500 5.00 ug/L 1,1,1 Trichloroethane............. < 0.500 5.00 ug/L T. Chlorotoluene..... ........... .. < 0.500 5.00 ug/L Carbon Tetrachloride.............. < 0.500 5.00 ug/I, 1,3,5 Trimethylbenzene............ < 0.500 5.00 ug/L 1-Bromo-2-Chloroethane............ < 0.500 5.00 ug/L 1,2,4 Trimethylbenzene............ < 0.500 5.00 ug/L 1,2 Dichloropropane. .............. < 0.500 5.00 ug/L m,p-Dichlorobenzene............... < 0.500 5.00 ug/L Trichloroethene................... < 0.500 5.00 ug/L 1,2 Dichlorobenzene (o)........... < 0.500 5.00 ug/L Chlorodibromomethane.............. < 0.500 80.00 ug/L p-Diethylbenzene.................. < 0.500 5.00 ug/L 2-Bromo-l-Chloropropane........... < 0.500 5.00 ug/L 1,2,4,5 Tetramethylbenzene........ < 0.500 5.00 ug/L Bromoform.......................... < 0.500 80.00 ug/L 1,2,4 Trichlorobenzene............ < 0.500 5.00 ug/L Tetrachloroethene................. < 0.500 5.00 ug/L 1,2,3 Trichlorobenzene.. ...... .... < 0.500 5.00 ug/L cis-1,2-Dichloroethene............ < 0.500 5.00 ua/L Ethenylbenzene (Styrene) .......... r< 0.500 5.00 ug/L Freon 113........ ................. < 0.500 5.00 ug/L 1-Methylethylbenzene.............. < 0.500 5.00 ug/L Dibromomethane... ................. < 0.500 5.00 ug/L n-Propylbenzene.................. . < 0.500 5.00 ug/L 1,1 Dichloropropene.........:...... < 0.500 5.00 ug/L tert-Butylbenzene................. < 0.500 5.00 ug/L 1,1 Dichloroethene................ < 0.500 5.00 ug/L sec-Butylbenzene.................. < 0.500 5.00 ug/L Bromodichloromethane.............. < 0.500 80.00 ug/L Isopropyltoluene (p-Cymene) ....... < 0.500 5.00 ug/L 2,3 Dichloropropene............... < 0.500 5.00 ug/L n-Butylbenzene.......... ... ..... .. < 0.500 5.00 ug/L cis-1,3-Dichloropropene........... < 0.500 5.00 ug/L Hexachlorobutadiene..... ...... .. .. < 0.500 5.00 ug/L trans-1,3-Dichloropropene......... < 0.500 5.00 ug/L Methyl-Tert-Butyl-Ether (MTBE) .. .. < 0.500 50.00 ug/L 1,1,2 Trichloroethane............. < 0.500 5.00 ug/L Naphthalene.. ................. .... < 0.500 50.00 ug/L 1,1,1,2 Tetrachloroethane.. ....... < 0.500 5.00 ug/L 1,4-Dichlorobutane...... ... ..... < 0.500 5.00 ug/L 1,1,2,2-Tetrachloroethane......... < 0.500 5.00 ug/L Methyl Sulfide.................... <, 0.500 50.00 ug/L 1,2,3 Trichloropropane............ < 0.500 5.00 ug/L Dimethyldisulfide............... .. < 0.500 50.00 ug/L 2,2 Dichloropropane............... < 0.500 5.00 ug/L Bromobenzene................ ...... < 0.500 5.00 ug/L 1,3 Dichloropropane............... < 0.500 5.00 ug/L 2-Butanone (MEK) .................. < 20.000 50.00 ug/L Bromochloromethane......... ....... < 0.500 5.00 ug/L Tetrahydrofuran................... < 20.000 50.00 ug/L tert-Butyl-Ethyl-Ether............ < 0.500 50.00 ug/L SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 2 page 4 of 4 I 88 613 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES S116860T H.S. REF. NO. COMPLETION REPORT — LONG ISLAND WELL well No. OWNER WILLIAM BAXTER, JR. C/O;',,GATHY. MES"IANO'- * LOG AD RES - Ground Surface 12 MILL POND LANE. :-EAST MORICHES, NY .11940 El. ft.above sea LOCATION OF WELL A OREGON ROAD CUTCHOGUE, NY v ft. DEPTH OF WELL BELOW SURFACE DEPTH TO GROUND WATER FROM SURFACE TOP OF WELL 110, ft. 64' ft. CASINGS DIAMETER 4" PVC in. in. In. in. 4' 0" LENGTH 106' ft. ft. ft. ft. 20' 0" 24' 0" SEALING CASINGS REMOVED 20' 0" 44' 0" SCREENS 20' 0" 64' 0" MAKE OPENINGS 201 Orr 841 011 . NAGAOKA 12 DIAMETER 20' 0" 104' 0" 5 in. in. in. in. 6' 0" 110' 0" LENGTH 4 ft. ft. ft. ft. DEPTH TO TOP FROM TOP OF CASING PUMPING TEST DATE TEST OR PERMANENT PUMP? DURATION;OF TEST _ .. .-__... "- MAXIMUM DISCHARGE days hours gallons per'min. STATIC LEVEL PRIOR TOT 5T in.below LEVEL DURING MAXIMUM PUMPING in,below ft. top of casing ft. top of casing MAXIMUM DRAW DOWN Approximate time of return to norm I level after cessation of pumping ft. hrs. min. PUMP INSTALLED TYPE MAKE MODEL NO. N/A MOTIVE POWER MAKE H.P. N/A CAPACITY N/A g.p.m.against ft.of discharge head UMBER BOWLS OR STAGES ft.of tota I heads DROP LINE SUCTION LINE } DIAMETER N/A DIAMETER in. In. #LENGTH LENGTH N/A ft. h, . METHOD OF DRILLING USE OF WATER ❑rotary 0 cable tool other AUGER -TEST WORK.STARTED - `.COMPLETED 10/16/00 10/1:6./00 DATE. - DRILLER _ LICENSE.N9..... ...-. 10/17/00 1KREIGER WELL- & PUMP CORP. 10 'NOTE: Show log of well - materials encountered,with depth below ground surface, water bearing beds and water levels in each, casings, screens, pump, additional pumping tests and other matters of interest.Describe repair job. See Instructions as to Well Drillers' Licenses and Reports. Pages 5 -7. 1 of 2 18-1359:7186 Well Yield: 25 g.p.m. Casing: Type of Materi•a,. �, PVC - Drop Line: Type of Material pVc If plastic, was torque arrestor used? YES 3/16" S.S. cable installed? No Sanitary Seal : Type Used WELL SEAL Storage Tanks: Size N/A gals. ; Type Inside Material N/A Type of Tank Drain Nam. Pressure Gauge Installed'- N/A Shut-Off Valve Prior to Tank N/A Sampling Tap Provided N/A - Shut-Off Valve With Bleeder Line Installed -on Outflow of Tank N/A Method of Disinfection: N/A t Well Lateral : Depth Below Grade N/A Material N/A Water Treatment Equipment Installed For Treatment of Make Type Model Number Well Driller's Signature Zw—c-tt Print Name ROBERT G. LAURIGUET Print Company Name PUMP Mailing Address PO.BOX 101 -Main R Telephone Number (631) 298-4I41 18.1359:7/86 2 of 2 LAW OFFICES j*%'0 2 WICKHAM, WICKHAM & BRESSLER, P.c:' s ` {=.✓ ' 10315 MAIN ROAD, P.O. BOX 1424 JU�II d LUG% MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 „ MELyILLE OFFICE ERIC J.BRESSLER '275-BROAD;H2OLLOW ROAD ABIGAILA.WICKHAM ° `'` '`il SUITE 111, 631-298-8353 MELUILLE;`NEW YORK 11747 LYNNE M.GORDON :.1 ;.. JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 June 7, 2002 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Minor Subdivision of Baxter Sound Baxter Estates SCTM#1000-72-2-2.1 Gentlemen: In connection with the above application, enclosed is our Affidavit of Mailing with certified mail receipts and the return receipts received as of this date as well as our Affidavit of Posting. Very truly yours, Abigail A. Wickham Enc. AAW/al PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK -------------------- In the Matter of the Application of WILLIAM BAXTER, JR. and AFFIDAVIT OF JANE BAXTER GOELLER SERVICE BY MAIL Parcel ID #1000-72-2-2.1 -------------------- STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) Amy M. Beasley, being duly sworn, deposes and says: On the 3 1"day of May, 2002, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL,RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: Veronica R. Czebotar& others 1000-83-2-9.1 164 Sunset Boulevard Wading River,New York 11792 Joseph A. Ricci 1000-84-1-1 45 Mathews Lane Cutchogue,New York 11935 Joseph& Carolyn Ricci 1000-73-1-2.2 7100 Cox Lane Cutchogue,New York 11935 Lieb Vineyard, LLC 1000-84-1-4.4 & 14990 Oregon Road 1000-84-4-4.5 P.O. Box 907 Cutchogue,New York 11935-1128 PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK -------------------------------------------------x In the Matter of the Application of AFFIDAVIT WILLIAM BAXTER, JR. and OF POSTING JANE BAXTER GOELLER Regarding Posting of Sign upon Applicant's Land Identified as 1000-72-2-2.1 --------------------------------------------------x COUNTY OF SUFFOLK) ss: STATE OF NEW YORK) I, Abigail A-. Wickham,residing at 10315 Main Road, Mattituck,New York, being duly sworn, deposes and says that: On the 3ISt day of May,2002, I personally placed the Town's official Poster, with the date of hearing and nature of the application, in a secure position upon the above property, located ten (10) feet or closer from the street, facing each street abutting this property (SCTM# 1000-72-2-2.1); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be June 10, 2002. i� Abigail A. Wickham Sworn to before me this ✓� day of June, 2002. Notary Public AMY M.BEASLEY Cfk 21AFFPOST NOTARYNo.0 SE 0397 State 67 NGWY Qualified in Su oFe coun17, -Z WL 3 Commission Expires Michael J. Gallagher and Doris, Trustees 1000-72-2-1 383 Larchmont Court Ridge,New York 11961 ArAy M. Beasley Sworn to before me this day of ay, 2002 Notary is DONNA M. CHITUK 21:affmail NOTARY PUBLIC,State of New York No.4351459,Suffolk County term Frpires August 18, io Zo z (DomesticP08tal Service —CERTIFIED MAIL RECEIPT •nlylNo Inisurance Coverage,*deq) e Lit') 1) r .b aPostage $ _r .� ..( 0 95 2 Certified Fee !�. st rk Return Receipt Fee Lt7 Here (Endorsement Required) ' C3 CI Restricted Delivery Fees,v�®/p{grIQC p (Endorsement Required) 82 C3 Total Postage&Fees ,$ ru m � Sentl f O (l Yrl J� O Y _re - e ------- or � St ,Apt.No.; b P'r/� �/' PO Box No. ZlP+4 �4_La—__ ---------- O City,State, Total Po—stag fU �c rn Sent To h o1�ln__ r_cc� -------- ---------------------- e 3 Street, t. I ,\ ! ' ^ ' or PO Box No.. U 'Q!X\ C3 PS Form :ee ee. — ru C3 Total Postage&Fees $ '� S SECTION ON DELIVERY frl Sent Toj�� = f-"`-� �1-' 1.L1_llA/�!1 -"'---r 0__I tS7I ❑Agent Street,Apt.No.; f / /y } 0 or PO Box No. 1 /1 ar�1�j)!1/J ml Cj�7 t -4 ❑Addressee o Ciry State;zi 'a (Printed Name) C. Date of Delivery :ee ee I dress different from item 1? ❑Yes ' • 1. yArticle Addressed to: If YES,enter deliveryaddress below: ❑ No • • - - IDrcq�rn ,. iJjeltOG �' l/lit Ujo ltu, NY I l l '�6— 3. Service Type i din Postage $ rtified Mail El Express Mail � , �Jr �1`]5 ❑ Registered M-Return Receipt for Merchandise Certified Fee ❑ Insured Mail ❑C.O.D. I Post ark rn Receipt Fee 4. Restricted Delivery?(Extra Fee) ❑Yes �ment Required) 200� He ed Delivery Fee f l E:o �'� ��; 2. Article Number Iment Required) (Transfer from service label) 7001. il _i 3 l 0 i f 5. 6713 5 4.4_2_ _ � , , b 111 Fl11 {ll { lii032 i II 5 1flllt till - It , „ +„+ , ,, ,, ' e, t „• „ l, l l l l l l l t 1 l , ostage&Fees $ "tea•ti,1,�(]? PS Form'3811,AU9USt 2001 Domestic Return Receipt 102595-01-M-2509i 1. Article Addressed to: Sr.No. a If YES,e �r deli ery a ess below: ❑ oOr --------------------------- v� C9�7 ZIP 0Mer-1 1 70,11, VJ I q i u+ v 1/l�I U(it�t rn eceq e ment Required) fit, y t 7q� 3. S i e Type d Delivery Fee C121'E• hV[l r T J / rtified Mail ❑ Express Mail ant Required) i �'� ❑ Registered 9R-ffeturn Receipt for Merchandise °F El Insured Mail ❑ C.O.D. stage&Fees $ �1�ff2 4. Restricted Delivery?(Extra Fee) ❑Yes In 2. Article Number �J DJ l ----------------------------=--------- - t.No.; � L` /� Loa-- n (Transfer from service label) -7.0 0,11--.0 32 0_�0:.0.0.5: ;6 7.13. 5 5-27t,_ _. No. _"t�J___[AlitA{ela-- (�(,{.D�_____________________ - t,ZIP+4 ���— PS Form 3811,August 2001 'Domestic Return'Receipt 102595-01•M-2509 :ee January 2001 PLANNING BOARD MEMB] �Oea%SfF P.O. Box.1179 BENNETT ORLOWSKI,JR. �0 Gy Chairman _ Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Oy �� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town Trustees Ed Forrester, Code Enforcement From: Mark Terry, Senior Environmental Planner iz Re: Baxter Sound Estates—SCTM#1000-72-2-2.1 On June 5, 2002, I conducted a site inspection on the above property due to neighbors concerns that the parcel was cleared and severe erosion control potential exists on the face of the bluff. The neighbor is correct, in that the applicant has cleared portions of the property prior to receiving any final approval from the Planning Board including within the 100' setback of the Coastal Erosion Hazard Line. This is in violation of DEC jurisdiction and C&R's previously filed on March 8, 1991 with Suffolk County for the property. This action may also be in violation of the §37-17 of the Town Code. I would like to note that although the clearing is not significant enough to cause severe erosion problems, the steep slope and lack of soil stabilizing vegetation on the bluff will promote severe erosion in the future and any attempts to educate the future landowners about minimizing disturbance is warranted. Cc: File Valerie Scopaz, Town Planner Planning Board 4 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITLICK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 May 31, 2002 Southold Town Planning'Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Applicant: William J. Baxter,Jr. Sound Baxter Estates—Minor Subdivision Application SCTM#1000-72-2-2.1 Gentlemen: Enclosed is a draft Declaration of Covenants and Restrictions in connection with common driveway usage and maintenance. Very truly yours, bigail A Wickham, AAW/dmca encl. 30/shdtpbl JUN 3 2002 Sodhdd Town ?' y +1 u "S JUN Southold Town jannin �� DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the day of , 2002, by William J. Baxter, Jr. and Jane P. Goeller, residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996,hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Stanley J. Isaksen, Jr., Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval, the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense. Maintenance shall include filling pot holes and irregularities as needed; periodic scraping or resurfacing;plowing for snow removal for the benefit of Lots 1 and 2 only, and such other routine maintenance and driveway repairs as necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Baxter, Jr. Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the day off , in the year 2002, before me,the undersigned, a Notary Public in and for said State, personally appeared William J. Baxter, Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF CALIFORNIA, COUNTY OF , ss.: On the day of in the year 2002, before me, the undersigned,personally appeared JANE.BAXTER GOELLER,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,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 City of County of , State of California. Signature and office of individual taking acknowledgment re%&rdrive (Notary Public) , SCHEDULE A DESCRIPTION OF PROPERTY All that certain plot piece or parcel of land, situate, lying and being in the Town of SOUTHOLD, at CUTCHOGUE, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1785.43 feet to the high water line of Long Island Sound; THENCE along the high water line of Long Island Sound, north 71 degrees 52 minutes 27 seconds east, 224.62 feet; THENCE south 47 degrees 06 minutes 40 seconds east, 557.55 feet; THENCE north 51 degrees 44 minutes 30 seconds east, 70.96 feet; THENCE north 47 degrees 06 minutes 40 seconds west, 530.16 feet to the high water line of the Long Island Sound; THENCE along the high water line of the Long Island Sound, north 70 degrees 59 minutes 58 seconds east, 129.24 feet; THENCE along lands now or formerly of Simchick, south 47 degrees 06 minutes 40 seconds east, 501.30 feet; THENCE south 51 degrees 23 minutes 30 seconds west, 13.65 feet; THENCE south 31 degrees 32 minutes 00 seconds west, 16.83 feet; THENCE south 51 degrees 44 minutes 30 seconds west, 326.35 feet; THENCE south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. TOGETHER WITH AND SUBJECT to a right of way along the southerly 20 feet of premises and over "leg" of premises to Oregon Road, said right of way being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being distant 1100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to 'a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1148.32 feet; THENCE north 51 degrees 44 minutes 30 seconds east. 180.85 feet; THENCE south 47 degrees 6 minutes'40 seconds east, 20.24 feet to the northerly side of lands now or formerly of Ricci; THENCE along said lands, the following two courses and distances: 1) south 51 degrees 44 minutes-30 seconds west, 170.38 feet; 2) south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. PLANNING BOARD MEMBE__ BENNETT ORLOWSKI,JR. �.�® �� 4 P.O. Box 1179 Chairman = Town Hall, 53095 State Route 25 WILLI AM J.CREMERS CA = Southold, New York 11971-0959 KENNETH L.EDWARDS v'® Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Iji �� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 10th day of June, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed site plan for Satur Farms. The property is located at 3705 Alvah's Lane in Cutchogue. SCTM#1000-101-2-24.5 6:05 P.M. Public Hearing for the proposed minor subdivision Baxter Sound Estates. The property is located on the north side of Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 Dated: 5/16/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 30, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Suffolk Times P.O. Box 1179 53095 Route 25 Southold, NY 11971 Southold Town Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail: planning@southold.org Fax To: The Suffolk Times From: Valerie Scopaz/Carol Fax: Pages: 2 Phone: Date: 5/16/02 Re: Legal Ad for 5/30/02 Edition CC: Urgent For Review Please Comment Please Reply As Requested Please print the following legal ads in the 5/30/02 edition. Thanks. 6/10/02 Regular Meeting: 6:00 p.m. Satur Farms Site Plan 6:05 p.m. Baxter Sound Estates' Kindly acknowledge receipt by signing below and faxing cover letter back. Received by: Date: v PLANNING BOARD MEMBE1.A._, �oS�FFUC�C® BENNETT ORLOWSKI,JR. _�® l/y� P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLLAIVI J.CREMERS y 2 Southold, New York 11971-0959 KENNETH L.EDWARDS v' Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �?i �� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 10th day of June, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed site plan for Satur Farms. The property is located at 3705 Alvah's Lane in Cutchogue. SCTM#1000-101-2-24.5 6:05 P.M. Public Hearing for the proposed minor subdivision Baxter Sound Estates. The property is located on the north side of Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 Dated: 5/16/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 16th day of May, 2002 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 6110/02 Regular Meeting: 6:00 p.m. Public Hearing for the Site Plan of Satur Farms SCTM#1000-101-2-24.5 6:05 p.m. Public Hearing for the Minor Subdivision Baxter Sound Estates SCTM#1000-72-2-2.1 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of , 2002. Notary Public LINDA J.COOPER (Votary Publio,State of Now York No.�4E22563,Suffolk County Term Expires December 31,iggzpoc— I I PLANNING BOARD MEMBE__-.. P.O. Box 1179 BENNETT ORLOWSKI,JR. g�DFFO(,� Town Hall, 53095 Stateto Route 25 Chairman WILLIAM J.CREMERS =� y< Southold, New York 11971-0959 WILLIA H J. REMEREDWAR S - Telephone (631) 765-1938 KENNEGEORGE RITCHIE LATH",JR. Z Fax (631) 765-3136 RICHARD CAGGIANO �4 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2002 Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, May 13, 2002, adopted the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, June 10, 2002, at 6:05 p.m. for a final public hearing on the maps dated September 9, 1999. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board office,Southold town Hall. Please return the enclosed Affidavit of Posting, proof of certified mailing, and the signed green return receipts from the certified mailings on the day of the public hearing before 4:00 p.m. The sign and the post need to be returned to the Planning Board office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. AFFIDAVIT OF POSTING This is.to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on , I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDA VIT AND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re: Proposed Minor Subdivision- of Wm. Baxter, Jr. & Jane Baxter Goeller SCTM#: 1000-72-2-2. 1 Date of Hearing: Monday, June 10, 2002, 6:05 p.m. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a minor subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-72-2-2.1; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application is for 2 lots on 4.65 acres. The property is located on Oregon Road, west of Bridge Lane in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, June 10, 2002 at 6:05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): William Baxter, Jr. & Jane Baxter Goeller Date: 5/16/02 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC DARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon..The board or commission reviewing an application shall provide for the giving of notice: A. By-causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. 'By requiring the applicant to erect the sign provided by _ the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts,.giving notice of the- application, the nature of the approval sought thereby and the time and place of the'public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The:sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of-the public hearing. The..applicant or.his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street. 6801 1-�-� § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. a, 5802 1-2a-N WM . BARTER & JANE BARTER GOELLER BAXTER SOUND ESTATES 1 000 -72 -2 -2 . 1 Minor Subdivision of 2 lots on 4. 65 acres . MONE - JUNE 10 , 2002 - 6 : 05 P . M . �9�'lXl Submission Without a Cover Letter Sender: Subject: SCTA1#: 1 000- -7 Z 2 ' 2 . Date: Z- Comments: J. � APR 29 2002 Southold Town C C cet nel.,goats 4D. , CUTCHOGUE FIRE DISTRICT 5�•, . � 260 New Suffolk Road, PO Box 930, Cutchogue, NY 11935 Telephone (631) 734-6907 Fax (631) 734-7079 April 3, 2002 1.7 Planning Board Office ) JIL "L J1 I Mark Terry, Planner PO Box 1179 � J Southold,NY 11971 APR 05 20OZ • Ref: Baxter Minor Subdivision Southold Town Dear Mr. Terry, Plannb@ Board With reference to the above property, the Board of Fire Commissioners of the Cutchogue Fire District do not feel that a fire well is needed due to the properties location within range of an existing fire well or hydrant district and is adequately protected. Thank you for your request and please call if you have any questions. Very truly yours, Board of Fire Commissioners 4&-1 1 A Matthew J. Martin District Secretary PLANNING BOARD MEMBERS osUFFO(,�c BENNETT ORLOWSKI,JR. �� OG.y P.O. Box 1179 Chairman o= Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS Q �C Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck,New York 11952 Re: Baxter Sound Estates SCTM# 72-2-2.1 Location: Cutchogue . Zone: R-80 Dear Ms. Wickham: The Planning Board has reviewed the above application during the March 4, 2002 and March 11, 2002 work sessions. The following determinations were made: The planting of trees along the right-of-way would hinder traffic and farming operations,. therefore,the Planning Board has released the applicant from the required planting of trees along the right-of-way. The applicant must plant native,perennial wildflowers in the two foot wide buffers on each side of the driveway. A list of native,perennial wildflowers is attached. The turn around plan submitted by Mr. Tom Samuals,the applicant's Architect, and attached to Mr. Jamie Richter's March 5, 2002 letter meets the Planning Boards concerns and is acceptable. The street lights have been determined to be"out of character"with Oregon Road and therefore the Planning Board has released the applicant from the street lighting requirement. The applicant, at their discretion, may install low profile mushroom lighting less than two feet in height in place of the street lights. The Planning Board has considered Mr. Omara's request to postpone the"road paving" to prevent damage from construction equipment. Further discussion with the Planning Board revealed that the road is to be constructed as a 16.foot wide stone blend driveway. Based upon such, no paving is required and the delay of the road construction is not necessary. In addition to the Declaration of Covenants and Restrictions previously filed March 3, 1991 with the Suffolk County Clerk,please submit a Draft Declaration of Covenants and Restrictions outlining driveway maintenance and responsibility to this office for review. The layout of the existing beach stairs is still an issue and must be addressed prior to any final approval. Please submit a proposal that would resolve any potential ownership or right-of-way conflicts between the property owners. Upon receipt of the above information, the application will proceed to the next step. If you have any questions please give me a call at 765-1938, extension 243. Sincerely, So Terry Senior Envir nmental Planner Enclosure Cc: Town of Southold Planning Board Meadow Sites. Page 1 of 2 Herbaceous Perennials for�' y Herbaceous Perennials for Sunny Meadow Sites. Most of these plants are hardy anywhere in New York except at the higher mountain elevations. Their flowers produce food for birds, bees and butterflies. All will grow well in ordinary soil with at least six hours of sunshine per day and average moisture. Allium cernuum --Nodding Onion. Pink flowers in July. One to two feet tall. Will take part shade. Anemone canadensis--White flowers in mid to late spring. One foot tall. Spreads. Asclepias tuberosa--Orange Milkweed,Butterfly Weed. Bright orange flowers in July. Two feet tall. Likes hot, dry conditions. Asters--There are dozens of asters native to New York. Two of the best and most available are the New England aster(A. novae-angliae)purple flowers in September, three to four feet tall and New York aster(A. novi-belgii)pale blue flowers in August-September, three to four feet tall. r Cimicifuga racemosa--Black Cohosh, Bugbane. Wands of white flowers in August on for to five j foot tall plant. Will tolerate light shade. J I Chelone glabra--Turtlehead. Pink or white snap dragon-like flowers in August on green plants two to three feet tall. Will tolerate light shade. Will grow in damp conditions. Eupatorium purpureum. Purple flowers in August on wand-like plant five to eight feet tall. Likes damp conditions. Gentiana andrewsii--Bottle Gentian. Sky blue flowers in late summer on 18 inch stems. Likes I moist soil. Helenium autumnale-- Sneezeweed. Red yellow sunflower-like flowers in mid to late summer on three to four foot tall plants. Prefers moist conditions. Iris versicolor-- Blue Flag Iris. Blue fleur-des-lis iris on three ft. tall stems. Prefers moist soil. Lilium canadense-- Canada Lily, Wild Yellow Lily. Four to six ft. stems carry clusters of down- ward facing yellow flowers. Likes evenly moist but well-drained soil. Spreads. Turks' Cap Lily (L. supurbum) with orange flowers and Wood Lily(L. philadelphicum)with orange-red flowers are also native to New York. Lobelia cardinalis-- Cardinal Flower. Red flowers on two to three ft. tall stems in August and September. Very popular with hummingbirds. i i Lupinus perennis -- Wild Blue Lupine. Beautiful blue spires of purple and white flowers in late spring. Host plant for the endangered Kanner blue butterfly. Prefers dry sandy soil. Monarda --Bee Balm, Oswego Tea, (M. didyma) three ft. tall spreading plant with red flowers in July; Bergamot, Horsemint, (M. fistulosa) pink to white flowers on three to five ft. tall plants in n! http://nysparks.state.ny.us/info/sunnyperennials.htm j Herbaceous Perennials for Sr y Meadow Sites. Page 2 of 2 to late summer; Dotted Horsemint (M. punctata)pinkish flowers on two foot tall plants in mid to late summer. An excellent nectar plant for many butterflies. Oenothera--Evening Primrose (O. biennis) Lemon-yellow flowers open during the evening from June to October on three to six ft. tall plants. Sundrops (O. fruticosa) Pretty yellow flowers bloom during the day in June and July on one ft. tall plants. Penstemon hirsutus--Hairy Beard-Tongue. Lovely white tubular flowers on one ft. tall plant in June. Phlox maculata--Wild Sweet William.Purple to pink flowers on one to three ft. tall plant in late July and August. Physostegia virginiana--Obedient Plant,False Dragonhead. Lovely snap dragon-like tubular pink flowers in mid to late summer on three ft. tall plants. Will spread in moist soil. Very popular with bees. Rubdeckia laciniata--Green Headed Coneflower, Golden-Glow, Cut-leaf Coneflower. Looking a lot like the common black-eyed Susan(R. hirta also a native but not to New York,)but with a green rather than brown center to the flowers. Grows five to eight feet tall,blooms in August and September. Likes moist soil. Rubdeckia triloba--Branched Coneflower, Thin-Leaved Coneflower,Black-Eyed Susan,Yellow Daisy. A biennial that self-sows freely, grows up to three feet tall,jet black center of a pretty yellow flower. Solidago --Goldenrods. There are over.two dozen goldenrods native to New York. Up to six ft.tall; pretty yellow flowers; they spread easily in full sun and poor soil conditions. Verbena hastata--Blue Vervain. Grows three to six ft. tall, biennial, deep blue flowers in summer. Likes moist soil. Veronicastrum virginicum -- Culver's Root. Grows three to five ft. tall with spires of white blooms in mid summer. http://nysparks.state.ny.us/info/sunnyperennials.htm 3/8/02 I ��gUFFO(,�c JOSHUA Y. HORTON o�° JAMES A. RICHTER, R.A. SUPERVISOR e* z ENGINEER TOWN HALL - 53095 MAIN ROAD - • TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 �O! �a° Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE BAXTER SOUND ESTATES OREGON ROAD,CUTCHOGUE,TOWN OF SOUTHOLD SCTM#1000-72-02-2.1 DATE February 12,2002 Revised: March 15, 2002 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 1,200 C.Y. ROUGH GRADING/SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 3,600.00 DRAINAGE 2. 7 EACH CAST IRON INLET GRATE&FRAME 500.00 3,500.00 3. 88.5 V.F. 8' DIAMETER LEACHING POOL 250.00 22,125.00 4. 30 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 750.00 5. 2,500 S.Y. FINE GRADING 1.50 3,750.00 SURFACING 6. 140 C.Y. 3/4"STONE BLEND WEARING COURSE 135.00 18,900.00 7. 2 EACH STREET LIGHTS ITEM DELETED BY PLANNING BOARD 3/15/02 8 720 S.Y. TOPSOIL&SEED 7.50 5,400.00 9. 2 EACH STREET SIGNS 200.00 400.00 10. 70 EACH STREET TREES ITEM DELETED BY PLANNING BOARD 3/15/02 11. 1 EACH FIRE WELL 15,000.00 15,000.00 12. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 BOND ESTIMATE TOTAL $ 75,425.00 6% ADMINISTRATION FEE $ 4,525.50 i PLANNING BOARD MEMBERS O�OSVFF���CD BENNETT ORLOWSKI,JR. �� G,l, P.O. Box 1179 Chairman C. Town Hall, 53095 State Route 25 WILLIAM J.CREMERS CA Z Southold, New York 11971-0959 KENNETH L.EDWARDS Q Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. y 0� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jamie Richter/Town Engineer From: Mark Terry, Senior Environmental Planner Date: March 15, 2002 Re: Baxter Sound Estates SCTM#72-2-2.1 The Planning Board has reviewed the above project at the March 4, 2002 and March 11, 2002 work sessions. The following determinations were made: 1. The Planning Board has agreed that due to the narrow width of the driveway that the trees would become a traffic hindrance and therefore, should be removed. Wildflowers will be planted instead. 2. The Turn Around as proposed by the applicant's architect meets the Planning Boards concerns and is acceptable. 3. The street lights have been determined to be"out of character"with Oregon Road and therefore the PB has requested that the applicant install low profile(preferably less than two feet in height) driveway lighting instead. If you have any questions please give me a call at extension 243. i{ PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. h� Gy P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS p Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2002 Ms. Abigail Wickham . 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, March 11, 2002, adopted the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 and A-C Zoning Districts; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on February 12, 2001 on the map, dated December 20, 2000, and this approval expired on August 12, 2001; and WHEREAS, the applicant has received one extension of sketch plan approval to February 12, 2002; and WHEREAS, the applicant is requesting a second, six (6) month extension from February 12, 2002 to August 12, 2002; and WHEREAS, the applicant is in the process of securing the Suffolk County Department of Health permits for the action; be it therefore Baxter Sound Estates — Page Two — 3/12/02 RESOLVED, to grant a six (6) month extension from the above date, retroactive from February 12, 2002 to August 12, 2002 for the proposed minor subdivision Baxter Sound Estates. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman . "sex J� ��SUfFO(,�c JOSHUA Y. HORTON ��° °�s� JAMES A. RICHTER, R.A. M SUPERVISOR rc„ = ENGINEER TOWN HALL - 53095 MAIN ROAD 0 TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 y • �� Tel.(516)-765-1560 �01 � Sao OFFICE OF THE ENGINEER TOWN OF SOUTHOLD March 5, 2002 Bennett Orlowski, Jr,. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Baxter Sound Estates 2002 SCTM #: 1000-72-02-2.1 south®Id Town Dear Mr. Orlowski: Planning, Q r" The Architect for the above referenced project, Mr. Tom Samuels, has submitted an alternate proposal for addressing the accessibility of the proposed minor subdivision. I have enclosed a copy of this plan for your reference. The modified plan detail enclosed meets or exceeds all of the requirement's for site access that have been established by the Planning Board during a previous review. If you have any questions concerning this report, please contact my office. erely, ames A. ichter, R.A. nriz Zd:5r 5.L0/J46407 SANTULL5 =MAN PAGE 02/02 __•-•-.. aix`u!+2 u9:39 VAXW125784915 Clifford Chance & Rogers �jaa4 "w.?_ 01:57P FROM: TO 788375 P:4,4 n -c. rf 0. ' "� T►� $ •. . G IC- 3 ` 3 7 -z `A PLANNING BOARD MEMBERS o�QS�FFO(,�co BENNETT ORLOWSKI,JR. �� Gy P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 WILLIAM J. CREMERS h = Southold, New York 11971-0959 KENNETH L.EDWARDS O .1C Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �� �� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 28, 2002 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find one (1) survey for the Minor Subdivision, Baxter Sound Estates, located on Oregon Road in Cutchogue. SCTM# 1000-72-2-2.1 0 The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, ark Terry Sr. Envir mental Planner enc. - ��g�1FF0(�►c JOSHUA Y. HORTON JAMES A. RICHTER, R.A. o SUPERVISOR CA = ENGINEER TOWN HALL - 53095 MAIN ROAD �y • TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 �0� �a° Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Bennett Orlowski, Jr. February 12, 2002 Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: BAXTER SOUND ESTATES Subdivision & Bond Estimate Review SCTM #: 1000-72-2-2.1 Dear Mr. Orlowski: As per your request, I have reviewed the Bond Estimate and the most recent site plan for the above referenced project. The Plan had a revision date of 8/10/01 and was prepared by Joseph Ingegno, Land Surveyor. My review comments are as follows: 1. The 20' wide ROW as indicated on the plan does not meet the 25' minimum requirement of the Town Code. However, due to the fact that the width of this ROW is pre-existing and the alignment is straight, this should not be considered a prominent factor with regard to site access. 2. The existing driveway, as indicated on the plan, runs across the corner of the adjacent property along the North Easterly lot line of Lot# 1. This proposed ROW should be constructed in a manner that would allow for a turning radius that would not encroach onto adjacent property. I have enclosed a sketch of one example of how this could be achieved. 3. The Bond Estimate includes the installation of Street Trees. Due to the narrow width of the pre-existing ROW and the existence of open farmland on each side of the road, the installation of new Trees may not be in the Towns best interest with regard to this particular location. Please let me know if you wish to remove this item from the estimate. 4. The Drainage design as proposed by the site plan is adequate and meets the minimum requirements of the Code. If you have any questions concerning this report, please contact my office. erely, James A. Ric ter, _ r, A L r „ cc: Peter Harris , Superintendent of Highways) F E B G 7 2002 Southold Town w ��gUfFO[,�c JOSHUA Y. HORTON o�° JAMES A. RICHTER, R.A. SUPERVISOR � i ENGINEER TOWN HALL - 53095 MAIN ROAD we • TOWN OF SOUTHOLD,NEW YORK 11971 Lv 16 Fax. (516)-765-1366 �01 �a° Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE BAXTER SOUND ESTATES OREGON ROAD,CUTCHOGUE,TOWN OF SOUTHOLD SCTM#1000-72-02-2.1 DATE February 12,2002 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 1,200 C.Y. ROUGH GRADING/SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 3,600.00 DRAINAGE 2. 7 EACH CAST IRON INLET GRATE&FRAME 500.00 3,500.00 3. 88.5 V.F. 8' DIAMETER LEACHING POOL 250.00 22,125.00 4. 30 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 750.00 5. 2,500 S.Y. FINE GRADING 1.50 3,750.00 SURFACING 6. 140 C.Y. 3/4"STONE BLEND WEARING COURSE 135.00 18,900.00 7. 2 EACH STREET LIGHTS 2,000.00 4,000.00 8 720 S.Y. TOPSOIL&SEED 7.50 5,400.00 9. 2 EACH STREET SIGNS 200.00 400.00 10. 70 EACH STREET TREES 200.00 14,000.00 11. 1 EACH FIRE WELL 15,000.00 15,000.00 12. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 BOND ESTIMATE TOTAL $ 93,425.00 6% ADMINISTRATION FEE $ 5,605.50 olop O� �6 FIRE WELL ~F O� F� O� Oq O 5 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �� OG Town Hall, 53095 State Route 25 Chairman CZy1 P.O. Box 1179 WILLIAM J.CREMERS h 2 Southold, New York 11971-0959 KENNETH L.EDWARDS �y� • �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 11, 2002 Abigail Wickham, Esq. Wickham, Wickham&Bressler 10315 Main Road, P.O. Box 1424 Mattituck,New York 11952 Re: Proposed Minor Subdivision of.Baxter Sound Estates SCTM# 1000-72-2-2.1 Completion of Revised Environmental Assessment Form Section D. Informational Details and Water Supply Narrative Dear Ms. Wickham: Water supply and quality within the Town of Southold is a serious community issue. Public water supply, although provided by the Suffolk County Water Authority, is determined through the current and projected use of the community. To date,the supply does not meet the demand,however,water use is controlled by an individuals' actions and can often be mitigated through numerous water conservation measures implemented during the planning process. Water quality is very difficult to control. Although point source pollution can usually be traced to its origin,non-point source pollution is boundless and one of the largest threats to local environmental and community health. Non-point source pollution has been identified as the primary cause of water quality degradation in more than 90 percent of New York State's impaired water bodies. In the Town of Southold, localized well and surface water contamination already exists. Consequently, the Town of Southold Planning Board in cooperation with the Suffolk County Water Authority now requires the completion and submittal of the attached Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative as part of the SEQR review process. Until a completed Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative is submitted, applications will be considered incomplete and the SEQR review will not proceed. I cerel4owski nnett Chairman Enclosure D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow,water use. 2. Indicate the source of water supply,nearest public water main,nearest public well field, and adjacent private wells(if known). __.._.__..__..._.__3.,..__If public_water_supply_ s.,..proposed,indicate the._ability.,_of the_water,utility to.provide water supply.to_ _._. the project. Provide letter of water availability or detailed explanation of status of review by water utility. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. 5.. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include,but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of"natural' stormwater management practices (grass swales, filter strips,created wetlands, etc...). E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 \ MATTITLICK, LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER WICKHAM NEW YORK 11952 275 BROAD HOLLOW ROAD _i RIC ABIGAILA.WICKHAM SUITE III 631-298-8353 MELVILLE, NEW YORK 11747 LYNNE M.GORDON JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 February 5, 2002 Southold Town Planning Board Town of Southold Post Office Box 1179 53095 Main Road Southold New York 11971 Re: William J. Baxter,Jr. f EU 0 5 2002 Subdivision Application—Baxter Sound Estates SCTM# 1000-72-2-2.1 , am TW" Gentlemen: PLWN We hereby request an extension for submission of the final maps for sketch plan approval for six months. Since the last extension, we obtained Health Department approval for the filing of private well covenants, which have been recorded. We believe this is the final requirement of the Health Department. We are also making arrangements with LIPA for provision of utility service to both lots. On the Planning Board requirements, the Town Engineer and your Board are reviewing the estimate for road improvements which we submitted to you on October 10, 2001. The applicant has exercised due diligence in proceeding with these applications and the requested extension of sketch plan approval is necessary in order to complete Health Department proceedings and make the final submission to your Board. Enclosed are two copies of the map for the Fire Department's review. Since the subdivision is for only two homes, we ask that you consider a wavier of a fire well requirement. Thank you for your consideration. Very t yo i` AAWIdmc Abigail A. Wickham enc./30/shdtpb • C L I F F O R D CLIFFORD CHANCE ROGERS &WELLS LLP C H A IN C E 200 PARK AVENUE NEW YORK NEW YORK 10166 0153 R O G E R S & W E L L S TEL +1 212 878 8000 FAX +1 212 878 8375 www.cliffordchance.com L. Kevin O'Mara, Jr. Partner DIRECT TEL +1 212 878 3285 DIRECT FAX +1 212 878 4915 kevin.omara@ciiffordchance.com November 1,2001 VIA,FAX AND MAII, � !•11 �;�, � Mr.Bennett Orlowski L I Town of Southold Planning Department - - NDV 0 5 2U01 P.O.Box 1179 Southold,New York 11971 Dear Mr. Orlowski: L=,L4�cf�� r���`_1 I I am writing to you at the suggestion of Melissa Spiro. We are in the process of purchasing a parcel of land from William Baxter,on Oregon Road in Cutchogue,on the Sound. The parcel in question is the subject of a minor subdivision filing which the Southold Town Planning Board will (hopefully!) be approving shortly. _In connection with this filing; a road estimate has been'submitted;`arid;a on will be posted, relating to improvements to the "pole" of;the flag parcel,`which will (following development of both of the Baxter parcels) serve three residences. 'With"regard to these road improvements,we have two questions/requests for you. First, as I understand it the Town Code requires the road to be bordered with trees (70, according to the bonding estimate) and grass. I respectfully submit that in this instance, the tree and grass requirement be waived. The area through which this road passes is all farm fields; a row of trees would destroy the farm field vistas for all of our neighbors, and would eventually shade farm fields owned by others. Also, in this location,we do not believe that the grass and trees would be likely to survive. We had hoped to make the road as unobtrusive as possible to preserve the feel of that part of Oregon Road. We do intend to plant along the road, although most likely with shrubs such as rosa rugosa or indigenous wildflowers, which are likely to fare better,, and fit in better, with that environment. If you would like to hear from anyone else on this point,please let me know. Our second request relates to the timing of the road improvements. We are eager to improve the road for our own purposes; we expect to start construction of our home this spring and would like to have a more "finished"road for access once the construction is completed. However, we do not yet know the plans regarding the second Baxter lot, which we understand may have also been sold (pending approval of the subdivision). As we will own the road and will be required to pay for these improvements, we ask that, if the owners of the other parcel which is part of the subdivision intend to commence their own construe_tion project shortly, Nye be allowed to put off the road improvements until they have completed their construction: I would hate to have the road improved, only to see..it. destroyed a'year later by backhoes and bulldozers for another construction project. I ani assuming that, in any event; we would not have'to complete the road improvements at least until our own project is complete. If there are no plans to commence construction on the second parcel, then of course we will proceed with the road improvements following completion of our home,and work out C L I F F O R D C H A N C E CLIFFORD CHANCE R O C7 E R S & W E L L S ROGERS&WELLS LLP Mr.Bennett Orlowski Page 2 November 1,2001 any repairs to the road required at the time (if ever) that construction is completed on the second Baxter parcel. I would be happy to attend a work session of the Planning Board, or the Planning Board meeting itself, to explain further our plans for the area if you believe it would be helpful. Please do not hesitate to contact me, or Tom Samuels, our architect(734-6405),if you have any questions. Thank you for your attention to this matter. Sincerely, L.Kevin O'Mara, r. cc: Tom Samuels r VALERIE SCOPAZ h�0 Gym Town Hall, 53095 Main Road TOWN PLANNER y -'� P.O. Box 1179 i? Southold, New York 11971 y �� Fax(516) 765-3136 �Ol �a0 Telephone(516) 765-1938 OFFICE OF THE TOWN PLANNED, TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Town Engineer From: Valerie Scopaz, AICP, Town Planner Date: October 16, 2001 Subject: Proposed Performance Bond Estimate for Baxter Sound Estates SCTM#1000-72-2-2.1 Please review the attached Performance Bond Estimate for completeness and accu racy. VS:ck LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ASIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 October 10, 2001 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Minor Subdivision of Baxter Sound Estates SCTM# 1000-72-2-2.1 Dear Sir or Madam: Enclosed is the amended subdivision map containing the Board's requirements requested in.its letter of January 30, 2001, except for the recording information for the Health Department covenants which will be added to the map shortly. The covenants are being reviewed by the County attorney, and upon approval,will be recorded. Also enclosed is the bond estimate for the road improvements for review by the Town Please advise if anything further is required to proceed to final approval. Very truly yours, r Abigail A. Wickham AAW/dmc encl. 30/shdtnpb OCT 12 2uul Southold Torn Planning Boar Bond Estimate For The Minor Subdivision Baxter Sound Estates Roadway: 2 inch crushed stone wearing course, spread and compacted 1400' x16 ` x2" 138 cubic yards @$135/cy= $18,630.00 Drainage: Seven(7) leaching pools 7@$1500 each= $10,500.00 Piping— 30 LF of 18 inch CMP pipe@$25/LF= $750.00 Street Trees: 2 '/2"to 3" Caliper 35 foot spacing 70 @$200.00 each= $14,000.00 Topsoil and Seeding 4"inches of topsoil_shoulder 4'-0" - 1400' x 4' x 4" Topsoil delivered - 70 Cubic yards 70 cy @$50.00= $3,500.00 Shoulder raked, seeded 720 square yards @ $3.00= $1,875.00 Street Signs 1 each 1 @$200.00 each = $200.00 Total Improvement Cost = $499455.00 NVI w a° 05a�i° �sstio�P�' LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 October 10, 2001 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Minor Subdivision of Baxter Sound Estates SCTM# 1000-72-2-2.1 Dear Sir or Madam: Enclosed is the amended subdivision map containing the Board's requirements requested in its letter of January 30, 2001, except for the recording information for the Health Department covenants which will be added to the map shortly. The covenants are being reviewed by the County attorney, and upon approval, will be recorded. Also enclosed is the bond estimate for the road improvements for review by the Town engineer. Please advise if anything further is required to proceed to final approval. Very truly yours, r Abigail A. Wickham AAW/dmc end 30/shdtnpb OCT 12 2aw authold Town Planning Board Bond Estimate For The Minor Subdivision Baxter Sound Estates Roadway: 2 inch crushed stone wearing course, spread and compacted 1400' x16 ` x2" 138 cubic yards @$135/cy= $18,630.00 Drainage: Seven(7) leaching pools 7@$1500 each= $10,500.00 Piping— 30 LF of 18 inch CMP pipe@$25/LF = $750.00 Street Trees: 2 %"to 3" Caliper 35 foot spacing 70 @$200.00 each= $14,000.00 Topsoil and Seeding 4" inches of topsoil shoulder 4'-0" - 1400' x 4' x 4" Topsoil delivered - 70 Cubic yards 70 cy @ $50.00= $3,500.00 Shoulder raked, seeded 720 square yards @ $3.00= $1,875.00 Street Signs 1 each 1 @$200.00 each = $200.00 Total Improveirient'Cost = $499455.00 �IRVVIOSCHFTT 9�`\ r � I a��® h° 052.0' ��FESSION, PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. ��� ��j� Town Hall, 53095 State Route 25 Chairman o P.O.Box 1179 WILLIAM J.CREMERS vo Southold,New York 11971-0959 KENNETH L.EDWARDS . Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �f,i �� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2001 Abigail Wickham, Esq. Wickham, Wickham, & Bressler 10315 Main Road P.O. Box 142.4 Mattituck, NY 11952 RE: Proposed Minor Subdivision of Baxter Sound Estates SCTM # 1000-72-2-2.1 Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 10, 2001: WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991; and WHEREAS, the Planning Board determined that the subdivision approval had expired; and WHEREAS, a new application has been received; and WHEREAS, the Zoning Board of Appeals determined on January 24, 2001 that the original variance of September 16, 1988 (Appl. No. 3744) was still valid; and WHEREAS, the Planning Board determined that since the two applications are identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 8, 1991, the October 16, 1989 Negative Declaration is still valid; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps dated December 20, 2000 on February 12, 2001 and this approval expired on August 12, 2001; and Baxter Sound Estates - Page Two — 9/11/01 WHEREAS, the applicant's attorney has presented evidence in support of their applicant's attempt to submit a final application; and WHEREAS, the applicant has demonstrated due diligence in pursuing the necessary approvals as set forth in his attorney's letter (Abigail Wickham, Esq., dated August 13, 2001); therefore BE IT RESOLVED that a six month extension of sketch plan approval be granted to February 12, 2002. Sketch plan approval is conditional upon submission.of final maps within six months of the date of sketch plan approval. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. These maps should also note the Liber and page numbers of the filed Declaration of Covenants and Restrictions from 8, March, 1991, which applies to this subdivision (copy attached). A cash payment in lieu of land reservation will be required. The amount to be deposited with the Town shall be $10,000 ($5,000 per vacant lot in the subdivision). Payment is required.prior to the final endorsement of the map. In the meantime, please send us two (2) revised final maps for the purpose of soliciting input from the Board of Fire Commissioners regarding the siting of the fire well. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. 'Chairman pEcLsARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this /J'� day of 0�17 1991, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate-at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072, Block 2 , Lot 2 . 1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds )istrict description of which is shown on Schedule A attached hereto .000 and made a part hereof, hereinafter referred to as the ;ection 172.00 "premises" . ;lock WHEREAS, the Declarant intends to subdivide said )2.00 premises for residential purposes and desires to subject .ot 102.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, M" natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water re6ources of WAR 8 1991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning //0 Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, � n � 112 'ipAq NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent, of preserving as much of the natural vegetation on the site as possible. -Limiting clearing and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable ILI structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable. permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure- proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be . modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. 1.,,25rb251 Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and year first above written. BAX ER P OP TIES INC. By: Ltii/i� ; Tv, Prey . r._MW252 SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swiatocha, running thence North 47 degrees 49 minutes 00 seconds West and along said mentioned land a distance of 1837 . 08 feet to the ordinary highwater mark of Lond Island - Sound; running -thence on a course North 71 degrees 39 - minutes 40 seconds East measuring 224. 88 feet, along the ordinary highwater mark of Lond Island Sound to land now or formerly of Michael Gallagher; running thence South 47 degrees 06 minutes 40 seconds East, along the said last mentioned land, a distance of 609.79 feet; running thence North 51 degrees 44 minutes 30 seconds East, still along said last mentioned land, a distance of 70.96 feet; running thence North 47 degrees 06 minutes 40 seconds West, still along said last mentioned land, a distance of 582.85 feet to ordinary highwater mark of Long Island Sound; running thence on a course North 71 degrees 41 minutes East measuring 130. 08 feet, along the -ordinary highwater to land now or formerly of Wesley Simcik; running thence South 47 degrees 06 minutes 40 seconds East and along said last mentioned land a distance of 552.22 feet to a point; Running thence South 51 degrees 23-minutes 30 seconds West and along said last mentioned land a distance of 13 . 65 feet to a point; running thence South 31 degrees 32 minutes 00 seconds. West and still along said last mentioned lands a distance of 16.83 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326.35 feet, thence running South 47 degrees 49 minutes East a distance of 1128 . 08 feet to the northerly line of Oregon Road; running thence South 51 degrees 44 minutes 30 seconds west a distance of 20.28 feet to the point or place of beginning. BAXTERS2 STATE OF NE}-C$M) (MY'ock CC 1 1 / _ �dlci • ) S S. : Pa C`�COUNTY OFkU2 ) On this P� day of NCurA /�I cl1 in the year 1991 before me personally came a)/11/krr-7J to me known, who, being by me duly sworn, did depose and say that he/-sh-L- resides at No. 1030�s� �M, rz°Ql�uflG�j��1 ' that he/sh-e is the Prf5/k-�7L - of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument; that it was so2XPkWzy r order of the Board of Directors of said corporation, and that he/-se-signed his/-her- name thereto by like order. 1rt����� i � y Pu 0W L 4b , P, ,2 Oo' �U fox q!�2 AA /v jot Hd 61 6 0 thaw 1ey W k ) jj ' `. Town Hall. 53095 Main Road P.O. Box 1179 , ''ss Southold. New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECLARATION DATE: .O'ctober 16 , , 19.8 9 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is' hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION- Baxter Properties, Inc. SEQR STATUS: Type I Unlisted CONDITIONED NEGATIVE DECLARATION: YES 00'. DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 5.022 acre parcel into 2 lots. This minor subdivision is located at Cutchogue. SCTM #1000-72-2-2. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed ... and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Melissa Spiro, Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board CUTCM001 C._ CCHOGUE FIRE DISTRICT E ; Cutchogue, N.Y. T elephone 1 11935 (516) 734-6907 F.D. February 21, 1990 Mr. Bennet Orlowski, Chairman Southold Town Planning Bd. Town Hall Southold, N.Y. 11971 Ref;Baxter Sound Estates Dear Mr. Orlowski, Reference the above properties, it is the opinion of this board that a new fire well be placed as marked by an X on the enclosed drawings. The Fire Well is to conform to our specifications and be equipped as follows; 1, 20H.P. , 3 Phase, Submersible pump capable to deliver 400 GPM at 10 PSI discharge at center of tee at top of well. Pump shall be of submersible turbine type, equipped with grease packed bearings in bowl assemblies. The bowls shall be of a smooth finish design to guide the water from one stage to the next witha minimum of turbulence. 2. Top of the well is to be finished off with an 8" x 4" well seal. 4" galvanized tee and plug, and 4" x 4-1/2" solid brass ferrule and cap. The hose threads and hydrant wrench nut shall conform to the standards of the Cutchogue Fire District. Due to the location of the well the Fire District will require that an easement be made to facilitate the access and maintenance of the Well. If you have any questions, please advise. Very truly yours Mathew J. M tin Secretary mjm/encl. DEB 2 6 1990 P ".;*...I.1.-,. -, �r , ,��-...: ..I_. . i-.�"�'.r�.1-".�.�'. 1.� fir, A' ,W�_ ..:�,i T .� , 1'-*J� . ..* . :, . -.j,,.e..�,:.l.,!..�,."... .1��,,.1 i i-,�1,�--.t'� _i:"..I"-. ., ?1V-�,.� i�.t,``. T �.J-�.. .; 7 .—�.,. ., --., _ 9. _ 4, � '1,4-_ ,j ,—Y,- ' , �,,' - .l ;? .I ; I- ,, " T - � ,i.- ,.i, i -,?q. _ k i �, � �L, i t � � � r., /.-� ;♦ , � .I A,w� s�` ,; f.'. ,,- ; !;i I T; d, , � % "'e � - ., r' t�'"" , . I + 1 . ,� _ `F.-s � , .��_, -, ,.1 . �- - I A - ' 4 - ,AMFNL.�,� ,U .* z . . 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I \ s lY � LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO. 631-249-9484 August 13, 2001 Southold.Town Planning Board Town of Southold Post Office Box 1179 53095 Main Road Southold,New York 11971 � F Re: William J. Baxter, Jr. AUG 14 2001 Subdivision Application—Baxter Sound Estates SCTM# 1000-72-2-2.1 S®utholdTown Gentlemen: Planning Bard We hereby request an extension for submission of the final maps for sketch plan approval for six months. Since the last extension, we believe we have met all Health Department requirements except for the filing of private well covenants, which have been signed and are being submitted to the Health Department now. In the interim, we were required to drill and test two wells and present a variance request to the Board of Review, which was granted. On the Planning Board requirements, we have had the maps revised to show the turnaround at the end of the driveway. In addition, the surveyor completed the road profiles last week and the engineer is writing up the estimate for the road improvements so the Town.Engineer and your Board may review it. The applicant has exercised due diligence in proceeding with these applications and the requested extension of sketch plan approval is necessary in order to complete Health Department proceedings and make the final submission to your Board. Very truly yours, Abigail A.A. Wickham Aug-13-01 10:24A WWBPC.' P.01 LAW QFFiGtS WICKHAM, WICKHAM a BRESSLER, P.C, fu;.+15 MAIIJ ROAD, P.O. BOX 1424 MATTITUCK, I.ONG ISLAND WiLLIAM,NIGKHAM NEW YORK 11952 MC.>AD H 1 I O F E RIC.J.RRE SLER 275 a�tUaU H471 I(7W ROAD 461G?'LA.WICKHAM —' $1JITF III �g1_29$_rj3� MELVII I F,NEW YORK 1174e 1-M-i'E M GORDON TELEFAX e IJO.€+31-cO8-a56;3 ?-• JANET OF.A!•A .: - P3 ItLEFAx No.6:+I �4�-i�..j1+aa August 13,2(:101 r i Southold Town Platltting Ltoard Town of Southold Frost Office Box 1179 � 5,3095 Main Road Southold,New fork 11971 Re: William J, Ba-xter. Jr. \ `subdivision Application—B'axter Soup 1 Estates) SC'Tli # 1000-72-2=2.1 I \ Gentlemen: We hYreby r=ticst an extension iin-submissicon k)f the filnal nn,aps Ibr Sketch plat) 1 approval for six months. I Since the last extension, we believe we hatle mct al He{ilth L)61.aa.rtmem reyuirerncnls except for the filing of private well covenants, which ha�'e been Signed and.are being submitted totllc Health T)el�atrlment now. 'In the intG.rim: we were rc'juired to drill -and two vvoils and present a variance request to the 13„arc of Review..which was grantod, Un the Plannine Board requirements, we have had the map'-- revised o show the tumi,,,round at the end of the driveway. in addition,the su•rve�';•)r ctmnplctb�, the road profiles last week and the engineer iti %N,riting up'thG estimate Lir the rcl:ir':f int.provcmcnt.s so the'Town Fngineer and your Bcmi-d may revic v i�., I'he;applrtt+ttl'has;Gxet4r et1''ci+Ee cult tlltc ll1 tart?ceeriiiit �n%itli'thwtic applications and the rc,clucstod extension of sketch plan approval is n1:ec-s5ary in order to complete,l-ic.ulth Department procecdings and make the final subti4i/':sit>i to ynur BOUid. Very truly you s l /��• �',fi'L!.ft'����r sir_- . ;f'ahigail A. Wickham AAW/dinc 3nfshdiph07) Fru;� AU. l3 2DD1 ,erg S®uth®ld T6pn PLANNING BOARD MEMBE-N �SpFFU��-c BENNETT ORLOWSKI,JR. ��► QG Town Hall, 53095 State Route 25 Chairman /�� !yam P.O. Box 1179 WILLIAM J.CREMERS 1 Southold, New York 11971-0959 KENNETH L.EDWARDS yy, Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2001 Abigail Wickham, Esq. Wickham, Wickham, & Bressler 10315 Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Minor Subdivision of Baxter Sound Estates SCTM # 1000-72-2-2.1 Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, February 12, 2001: WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991; and WHEREAS, the Planning Board determined that the subdivision approval had expired; and WHEREAS, a new application has been received; and WHEREAS,the Zoning Board of Appeals determined on January 24, 2001 that the original variance of September 16, 1988 (Appl. No. 3744) was still valid; and WHEREAS, the Planning Board determined that since the two applications are identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 8, 1991, the October 16, 1989 Negative Declaration is still valid; be it therefore RESOLVED that the Southold Town Planning Board grant sketch plan approval on the maps dated December 20, 2000. I . Baxter Sound Estates - Page Two -2/13/01 1 i r� The Planning Board may require additional covenants and restrictions upon review of the final map. You will be notified if any covenants and restrictions are required. Sketch plan approval is,conditional upon submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $10,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. Please contact this office if you have any questions regarding the above. Very truly yours, ^I /70 Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS ��5 BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 Q OG Chairman y� P.O. Box 1179 WILLIAM J.CREMERS co H Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. • Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 30, 2001 Abigail Wickham Wickham, Wickham, &Bressler 10315 Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Minor Subdivision for Baxter Sound Estates SCTM# 1000-72-2-2.1 (Cutchogue) Dear Ms. Wickham, The Planning Board has reviewed the latest map for Baxter Sound Estates. While there are a number of changes to be made, the basic layout has been approved and the map will receive sketch plan approval on February 12. The Board has decided that since there are no significant changes to the map, the negative declaration from October 16, 1989 can still stand. I have included a copy with this letter, and it will be mentioned in the sketch approval resolution. You should proceed with your Health Department application. I have talked with the Zoning Board, and it appears that we will have no problems with the variance remaining valid. I discovered that the reason for the conflicting lot area calculations is a different location for the Mean High Water Mark. I am sending you a copy of their reply. The map has been forwarded to the Town Trustees for review of the Coastal Erosion line and the existing staircase. I am not sure if the fact that the staircase crosses property boundary lines will be a problem. It may be something that we can solve in the Covenants and Restrictions, and the Gallaghers may have to become involved. I received a preliminary reply from the Trustees (copy attached). The following items should be corrected on the map: 1. The property is located in the Cutchogue Fire District. 2. The boundary between the R-80 and A-C zones should be shown, and both should be listed in the legend. 3. Labeling error—"Proposed Right of Proposed For Lot 2"— second"Proposed" should be changed to "Way". 4. Listing of owners in legend unclear—if they live at different addresses, they should be separated. 5. The test hole location should be shown, as well as when it was done and who did it. _ 6. The full district-section-block-lot number should be given. 7. A cul-de-sac or turning circle is needed at the end of the road. This should be located next to the Gallagher lot and Lot 2. 8. The proposed cesspool location for Lot 2 is within 100' of the top of bluff, which violates the Covenants and Restrictions filed on this property during the previous subdivision process(see attached). This is a requirement of the Suffolk County Planning Commission. The cesspool should be moved. 9. Reference the filed Covenants and Restrictions on the map. The Town Code calls for a 16'-wide stone blend road in a 25'-wide right-of-way. The Planning Board is unhappy that the flag lot access is only 20' but there is nothing that can be done as this lot is preexisting. Road and drainage plans should be submitted for _ review. The Town Engineer, Jamie Richter, can answer any questions about the road and drainage plans. When the new maps are received, they will be submitted to the Suffolk County Planning Commission and Cutchogue Fire Department for review. A firewell was required last time. The County should not be a problem, as the existing covenants include many items that they would mention. I notice that there are a number of large trees on the property. These should be retained during development, as they add value to property and provide visual buffers from the existing Gallagher house. Since most of them are outside the building envelopes, the Board asks that they not be removed without consulting the Planning Board. The two trees inside the building envelope may be cut to construct a building. Sincerely, Craig Turner Planner Albert J. Kru ski President - SUFF � Town Hall P James King,Vice-President �.1.D�O C�Gy 53095 Route 25 Henry Smith P.O.Box 1179 o Artie Foster cooa Southold,New York 11971-0959 Ken Poliwoda Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Craig Turner, Planner FROM: Albert J. Krupski, Jr., President Board of Trustees JAN 2 9 2001 DATE: January 26, 2001 Southold Town RE: Baxter Sound Estates, Minor Subdivision Planning Board SCTM#72-2-2.1 The Southold Town Board of Trustees only began issuing permits in 1991, thus many existing stairs did not have permits. Under Chapter 37, Coastal Erosion, stairs are exempt, however they do require a permit under Chapter 97, Wetlands, if within 100' of, in this case, high-tide. The Board would also have no problem in letting two property owners share a set of stairs. r PLANNING BOARD MEMBEI OFFO( 4,C BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 Q� OG Chairman �`Z' y� P.O. Box 1179 WILLLAIVI J.CREMERS c� - Southold, New York 11971-0959 KENNETH L.EDWARDS yy, Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: Albert J. Krupski, Jr., President Town Trustees FROM: Craig Turner, Planner RE: Baxter Sound Estates Minor Subdivision SCTM# 72-2-2.1 (Cutchogue) DATE: January 24, 2001 The Planning Board is referring the Baxter Sound Estates subdivision map to your office for review. The property is located on Long Island Sound. The surveyor has drawn the Coastal Erosion Hazard line and the Top of Bluff line to coincide with a stockade fence on the Gallagher property(not part of the subdivision). If this is not sufficient for inspection, we can ask the surveyor to flag the line in the field. The Board would also like to know your thoughts-on the staircase, which is located on two different parcels. Will it have to be removed, or can it be shared between the property owners? You should also confirm that it has the necessary permits from your office. � APPEALS BOARD MEMBERS �O�OS�FFO`�C OG Southold Town Hall Gerard R Goehringer, Chairman 53095 Main Road James Dinizio, Jr. y P.O. Box 1179 Lydia A. Tortora - • Southold, New York 11971 Lora S. Collins *I o! ZBA Fax(631) 765-9064 George Horning �l �►� Telephone (631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMORANDUM TO: Craig Turner, Planner FROM. Jerry G oehrin er, ,! ..� ZBA ChairmafS� ` `°�"' g DATE: January 24, 2001 SUBJ: Appl. No. 3744 — Baxter Sound Estates In reviewing the two maps attached to your January 18, 2001 memorandum, we find that the lot configurations are identical on the new survey of Mr. Ingegno as compared to the previous survey from Mr. VanTuyl. Therefore, another variance will not be necessary for the overall lot area shown on the survey dated December 20, 2000 (now shown to be 61.567+- sq. ft.), after adjusting the location of the current high water line. Thank you. D JAN 2 5 2001 tithold TOM Planning Board PLANNING BOARD MEMBEhn OSUFFU(�C BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 Chairman /��' �'% P.O. Box 1179 WILLIAM J.CREMERS y Southold,New York 11971-0959 KENNETH L.EDWARDS Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: Zoning Board of Appeals FROM: Craig Turner, Planner RE: Baxter Sound Estates Minor Subdivision Appeal No. 3744 SCTM#72-2-2.1 (Cutchogue) DATE: January 18, 2001 The Planning Board has received a new application for the expired minor subdivision of Baxter Sound Estates. The property is located on Long Island Sound in the R-80 and A-C zones, requiring a minimum lot size of 80,000 sq. ft. As part of the original application, the applicant received a variance to approve the undersized Lot#2 at 67,483 sq. ft. (see attached copy of decision rendered September 16, 1988 for Appeal#3744). On the new map, Lot#2 is calculated as 61,567.55 sq. ft. An examination of the maps (attached) shows that most of the disparity is caused by different locations for the High Water Mark. It is unknown whether this is due to natural erosion or a surveyor error. The buildable section of the lot is the same size. The Planning Board and applicant would like to know if a new variance will be required. PLANNING BOARD MEMBE-k Q�VFf�(�C BENNETT ORLOWSKI,JR. �� d� Town Hall, 53095 State Route 25 Chairman /�� �� P.O. Box 1179 WILLIAM J.CREMERS o =� Southold, New York 11971-0959 KENNETH L.EDWARDS N Telephone (631) 765-1938 �y GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: Zoning Board of Appeals FROM: Craig Turner, Planner RE: Baxter Sound Estates Minor Subdivision Appeal No. 3744 SCTM# 72-2-2.1 (Cutchogue) DATE: January 18, 2001 The Planning Board has received a new application for the expired minor subdivision of Baxter Sound Estates. The property is located on Long Island Sound in the R-80 and A-C zones, requiring a minimum lot size of 80,000 sq. ft. As part of the original application, the applicant received a variance to approve the undersized Lot#2 at 67,483 sq. ft. (see attached copy of decision rendered September 16, 1988 for Appeal#3744). On the new map, Lot#2 is calculated as 61,567.55 sq. ft. An examination of the maps (attached) shows that most of the disparity is caused by different locations for the High Water Mark. It is unknown whether this is due to natural erosion or a surveyor error. The buildable section of the lot is the same size. The Planning Board and applicant would like to know if a new variance will be required. I I i I i I i I(I i -S��TOL��� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. nvu' JOSEPH H.SAWICKI ACTION OF THE BOARD OF APPEALS Upon application of WILLIAM BAXTER, JR. AND JANE BAXTER GOELLER for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way extending off the north. side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-2-2.1 and 3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of WILLIAM BAXTER, JR. under Appl. No. 3744; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 072, Block 2, Lot 2.1 and 3. 2. The subject premises is vacant and contains a total lot area of 5. 022 acres, as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated March 10, 1987. i e 2 - Appl. No _744 / tatter of WILLIAM JANE BAXTER -Decision Rendered September 16, 1988 3. By this application, appellant requests approval of the insufficient lot area of not less than 67,483 sq. ft. , having 130.08 ft. frontage along the Long Island Sound and 567.54 ft. average lot depth (referred to as Lot No. 2) . Lot No. 1 will contain a total area of 151,301 sq. ft. with 224. 83 ft. frontage along the Long Island Sound. The entire premises is accessible to Oregon Road, the nearest Town Street, by a private right-of-way within this proposed subdivision. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. This Board does agree that the layout of the remaining section of land (established prior to May of 1983) does lend to the practical difficulties in this case and that the relief as requested is the minimum necessary as required by the Courts. 6. In considering this alternative relief, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial in relation to the current lot size requirement; (e) that the difficulties- cannot be obviated by some method feasible for appellants to pursue, other than a variance; (f) that the relief requested is the minimal necessary under the circumstances; (g) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be- served by granting a variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for Lot No. 2 of an area of 67,483 sq. ft. and average lot width of 130.08+- feet, as applied APpl. N- 3744 - •" tter of WILLIAM fD JANE BAXTER ecision Rendered September 16, 1988 in the Matter of WILLIAM BAXTER, JR. under Appeal No. 3744, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further lot area reductions to less than 67,483 sq.ft. of this parcel; 2. All new construction must conform to the current zoning requirements. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen of Fishers Island was absent due to serious family illness. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN Al LAW OFFICES J� WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 January 8, 2001 Att: Mr. Craig Turner r - Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 JAN 16 2001 `- Re: William J. Baxter,Jr. Southold Town Baxter Sound Estates Ranning Board Dear Craig: Enclosed are three prints of the map on Baxter revised to show: 1. Flag portion as part of Lot 1, with right of way access over it for Lot 2. 2. Computation of Lot 2 area of 61,567.55 sq. feet. As the ZBA variance approved a lot of 67,483 sq. feet,please refer this matter to them with a request that their decision be reworded to apply to the lot as configured, since its area is subject to shoreline change. 3. Various changes requested by Health Department. Please review and advise. I would appreciate your referring this matter to the Town Engineer for a report on road improvements. Very truly yours, �L Abigail A. Wickham AAW/dmc end 30/shdtnpbl cc. C.Mesiano w/map LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. / 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO. 631-249-9484 September 13, 2000 Southold Town Planning Board N Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates—Minor Subdivision Application/Set-Off SCTM# 1000-72-2-2.1 Gentlemen: We represent William Baxter, Jr. and Jane Baxter Goeller in the above application. The following are enclosed in connection with the set-off application: 1. Application of Approval of Minor Subdivision/Set-Off; 2. Part I of Full EAF and Short Form EAF; 3. Twelve prints of the map; 4. Schedule "A"—Legal Description; 5. Form Letter regarding drainage, grading and road construction; 6. Transactional Disclosure Form; 7. Copy of recorded Covenants and Restrictions. 8. GOBIL check no. 1265 payable to the Town of Southold in the amount of$2,000. for$1,000. application fee and$1,000. inspection fee. Your records will show that this application is virtually identical to an application made several years ago which was not completed. If you require anything further,please give me a call. Very truly yours, r i s� Abigail A. Wickham AAW/dmc � encl. 30/shdtnpb rN — SEP 19 2000 Planning Boud