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1000-78.-7-5.3
Young & Young F559 &1M 400 Ostrander Avenue, Riverhead, New York 11901 n //�� �C 631-727-2303 � pq N APPROVED B1 Howard W. Young, Land Surveyor �«�< Thomas C. Wolpert, Professional Engineer FMi N PLANNING BOARD Robert C. Tast, Architect i_a Ronald E. Pfuhl, Landscape Architect LOCATION MAF TOWN OF SOUTHOLD Douglas E. Adams, Professional Engineer 50ALE: I"=600' W E DATE T 19 zu% f Q NEST CRm( 51 TE DATA NOaTM TOTAL AREA = 6.78118 ACRE5 sa�TM S TOTAL NUMBER OF LOTS = 2 �� arm«..,, ,..«.;.,,,».1.h:s.et, «.«..a,...a.g.+«...,.+.o:•:i".;"[,, ,:..,, — �3 ZONING USE DISTRICT ° RESIDENTIAL 40 `r'•- ',. " VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1a29) E C �► �d _ ._� t LOT CLEARING O ,7 O Gh '~ ��1 �E LOT 2 (UPLAND AREA) = 51,515 SOL. Ft. � e+off, j AREA TO BE CLEARED = 25,5"I2 5cL. Ft. g� GOOSE CR 0 9 0,, g e O. e ' J A N 3 0 2006 0�h�e �Or \ W�h e/ �' LOT 2 (UPLAND AREA)/AREA TO BE CLEARED = 5K OF LOT CLEARING 6VE e h /` 51,316 ScL. Ft./25,5-72 Sq•. Ft. = 41.83% Z�F_3 ,%6/ GS�o�Y e^J Q� I. Fisr,n;��;Ec�.rd ic �O�S�/ .--_J LOT NUMBERS SHOWN THUS Lot 68 HEREON REFER TOag --- �` �. �aa.w:arawr+wwes.�..••.. SUBDIVISION "MAP OF GOOSE NECK" FILED IN THE OFFICE OF THE S$/O CLERK OF SUFFOLK COUNTY ON NOV. 28, 1948 AS FILE NO. 1663. 5_ Z85 O Ujot o TE5T HOLE ENGINEER'S CERTIFICATION �N / /11� / \ .�0 <�'I' 000, fn a DATE: 08/10/04 "I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR LIMIT OF GLEARIN6, bS m �� SEWAGE D15PO5AL 5Y5TEM(5) FOR THI5 PROJECT WERE TIE-IN 9�Y/ O h� GRADING a GRoNG, �` Q N � O 2q 0.0' DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A 4 fh yQ� y /� DISTURBANCE p.3 LM 0 ls�6 MIXED SAND CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND I. 5 51°00'00" E 325.00' \ �/ ��c S�/j�0�/r. �s �, OF 25 uPL�A�AREA °�a3Dr0% " un °06�51ts J, AND LOAM GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSED, N 83 Oo 1.01 CONFORM TO THE SUFFOLK COUNTY DEPARTME H �uSrg.� 58.15 \e „ �� �, g, GREY CLAY SERVICES C,ONSTRUGTION STANDARDS IN EF C?T( b�f, ccr of 0c / (PROPOSED w es.FRAME 2 �(� }�� (old DATE." C. rn <c I SANITARY /S n SHEn O / yO (�. pt V t`C\ ' I 5Y57EM �, �i v J� �P/6 3.0' O p Q'J 8 O DA 5 v y''• � �/ Q� \ � 1 � . ° O k (�� /�.� WATER IN ' '���j., n��,+�. SJ r. .1 0( lll.00, O 2 .1 p ny\' t\ GREY CLAY y,�n /n / / tea .c 1\ 1�°dfa /_ ~60 i I 1 v\ \"o r (GL) //i%G/?�/✓Gf+V ✓r (/V C •: 11;,•; .i I! c \ FLAGPOLE' �` t „ s.a HOWARD W. YOUNG N.Y.S. L.5. NO. 45893n U 0 tio�r\�0 I N �`3 r>�g r ��d �` OQ,3(o'E � cS . r+ . •. Y�.,; 10°21 TIE LINE ALONG APPROXIMATE HIGH THOMAS G. lNOLPERT, N.Y.5. P.E. NO. 61483 6143 4 WATER MARK AS LOCATED BY WATER IN n\: o ` ° BROWN 51LITY DOUGLAS E. ADAMS, N.Y.5. P.E. NO. 808a7 ' ' r� t O 9� �� YOUNG a YOUNG ON 8/IR/04 SAND ` rCss- B�UPNOR-DISTURBANGE `•� S�/O i ._,-,.._......... ...,.____ ...._. _ S (SM) 0 y� 'T o' i p 1 ' " ° pt 4 pt �� 0 96 \ LANDWARD LIMIT OF V a� WATER IN Cps/.JU p���Y F�6g°3' �b F'LDAG�GED a GfAR�LEs � \� 9��� �6`�� P Flnl�o'"" SU�.�EYOR'S CERTIFICATION = a 1�1A'r}S' n e ��/ry. �\3�iry $0 S BOWMAN o �l COARSE 1 I1 'v NOV v �oU� g�z . SAND U h > I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THI5 PLAT g8 Lot I ry �, (SN �` = m§ :c ` �3 /\ COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF ;9-- �41c <o °q��o I3y SOUTHOLD." -z l S (Existing Dwelling) Area = 4.441"1 acres "1 HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL � 6;� I �1i (Upland Area = 1.2Q07 Acres) SURVEYS COMPLETED JUNK 10,2002 AND THAT ALL CONCRETE b� 12 �c� ` � �� Qssi MONUMENTS SHOWN THUS: n ACTUALLY EXIST AND THEIR MX I NOTES POSITIONS ARE GORREGTLY SHOWN AND ALL DIMENSIONAL a �< I M AND GEODETIC DETAILS ARE CORRECT." � e THE APPROVAL OF THI5 MAP DOES NOT CONSTITUTE THE ACCEPTANCE OF HIGHWAY5 SHOWN THEREON AS PUBLIC, ROADS. �� ' � '� 6 0'. I z �OJ �9 C. A DECLARATION OF COVENANTS AND RESTRICTIONS HAS \ j 8 d ° Jc BEEN FILED IN TH= SUFFOLK COUNTY CLERKS OFFICE IN t r 1+ ''b o fob I N \ \\ �$ O / THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE \\ �5_.. /o / l� ✓ ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND HOWARD W. YOUN Y5. L.5. N . 45813C .� o 00, �/ P12 LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. STORM WATER RESULTING FROM THE DEVELOPMENT AND I R3 y IMPROVEMENT OF LOT 2 OR ANY OF ITS LOTS SHALL BE D� t RETAINED AND DISP05ED OF ON SITE. NO STORM WATER SHALL \\\ rd o /jOr' o \. BE � R�rr� �UBL-� =>=�. Nr�s�RAvwA�RS. OWNER SUPIJECT 'iU C0Va P--,r,,g'S I: KLO RIV IONS USER' i 243 G �' `\ 79`yiOtch ee�e� RGC (1t�� MARK SAXTER ;'� � 5805 MAIN I3AYVIEw ROAD gRe obi/ e 5OUTHOLD, NEW YORK IIcf71 M9 / � ��h 5UFFOLK COUNTY DEPARTMENT OF e^� HEALTH 5ERVI CE5 � DATE _JA 2 7_?Ll`i HAUPPAUGE, N.Y. ofin N°oA THIS 15 TO CERTIFY THAT THE PROP05ED REALTY SUBDIVISION OR 5UBDWISION MAP 08�� DEVELOPMENT FOR MARK BAXTER IN THE TOWN OF SOUTHOLD WITH A G3 d TOTAL 2 LOTS WAS APPROVED ON THE ABOVE DATE. WATER SUPPLIES �A�< �A X T F AND SEWAGE DISPOSAL FAGILIYfES MUST NFORM TO CONSTRUCTION I STANDARDS IN EFFECT AT THE TjMI=OF CtINSTRUCTION AND ARE SUBJECT \ TO SEPARATE PERMITS PURSUANT TO T140SE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR DEVELOPMENT MAP At Ba view, Town of Southold 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT 15 HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS Suffolk County, New York ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. �____-•_______--------—_VITO A. MINEI,P.E. County Tax MOP District 1000 Section 78 Block 07 Lot 5.4 DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY O PL4NN I N6 BOARD CERTIFICATION THI5 15 TO CERTIFY THAT THIS SUBDIV15ION PLAN HAS BEEN APPROVED BY < S THE PLANNING BOARD OF THE TOWN OF SOUTHOLD. ��� MAP PREPARED NOV. 14, 2005 0a�= DATE OF APPROVAL-------- BY--------------------�- 4„6e CHAIRPERSON (TOWN OF SOUTHOLD PLANNING BOARD) SCALE I° = 100' E�x El - MONUMENT SET - MONUMENT FOUND A - STAKE SET A- STAKE FOUND O 4 � WETLAND FLAG l� - PHOTO N0. do VIEW DIRECTION JOB NO. 20c02-0266 OF I 5125E DWG. 2002_0266—flnalplot 's� MAILING ADDRESS: PLANNING BOARD MEMBERS �f SQ(�Jy P.O. Box 1179 JERILYN B.WOODHOUSE Southold, 'NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N Town Hall Annex MARTIN H. SIDOR G • 54375 State Route 25 GEORGE D.SOLOMON l (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND y10ou Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2006 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark Baxter Located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The Southold Town Planning Board, at a meeting held on Monday, October 16, 2006, adopted the following resolutions: WHEREAS, this standard subdivision proposes to subdivide a 6.78-acre parcel into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres, inclusive of the wetlands; and WHEREAS, an application for sketch approval was submitted on September 10, 2004; and WHEREAS, during the initial review of the application, the wetlands boundary was re- flagged by the Town Trustees and a 50'-wide non-disturbance buffer was delineated on the subdivision map; and WHEREAS, on May 6, 2005, the Southold Town Planning Board received a memorandum from the Town Trustees dated May 4, 2005 indicating that the subdivision map was satisfactorily revised to show the amended wetlands line and a 50'-wide non- disturbance buffer with the proposed structure to.be outside of the Trustee's jurisdiction; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Howard Young, L.S. dated December 15, 2005 and last revised on December 22, 2005; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted a Negative Declaration for the project pursuant to SEQRA; and WHEREAS, on August 1, 2005, the Southold Town Planning Board received comments from the LWRP Coordinator; and Baxter Subdivision Page Two October 17, 2006 WHEREAS, on November 7, 2005, the Southold Town Planning Board granted conditional preliminary plat approval upon the map prepared Howard Young, L.S. dated September 23, 2005; and WHEREAS, on November 15, 2005, the applicant submitted eight (8) paper prints and five (5) mylars of the final plat, prepared by Howard W. Young, L.S. dated June 10, 2002 and last revised on November 14, 2005, each containing the Health Department stamp of approval; and WHEREAS, on January 26, 2006, the applicant submitted the application and fee for final plat approval; and WHEREAS, on January 30, 2006, the applicant submitted one (1) copy of recorded Declaration of Covenants and Restrictions as filed in the Office of the County Clerk; and WHEREAS, the final public hearing was held for this application on February 13, 2006 where a number of neighborhood residents objected to the proposal due to severe flooding problems on the subject property and their concerns that the wetlands line was inaccurately delineated; and WHEREAS, the opposition submitted photographs and written statements pertaining to their concerns about the potential for increased flooding problems by the creation of another building lot in a flood-prone area; and WHEREAS, due to the considerable amount of evidence submitted to Planning Board, the hearing remained open until July 10, 2006 in order to give the Board time to re-evaluate the site conditions and ask the New York State Department of Environmental Conservation, the Suffolk County Department of Health Services and the Southold Town Trustees to also re-evaluate the site conditions and the permits/approvals they issued for the project; and WHEREAS, on March 6, 2006, the applicant submitted the park and playground fee in the amount of$7000; and WHEREAS, April 24, 2006, the Southold Town Planning Board received a memorandum from the Town Trustees indicating that the parcel was re-inspected and that the wetlands line as shown on the final map is correct; and WHEREAS, in the Spring of 2006, representatives from the New York State Department of Environmental Conservation re-inspected the subject property and surrounding area, found no changes to the wetlands boundary and therefore validated the permit issued by the agency on March 26, 2003 (permit#1-4738-03072/00001); and WHEREAS, on July 17, 2006, the Suffolk County Department of Health Services submitted a letter dated July 11, 2006 indicating that their approval for this project is valid based on the Town's SEQRA Determination, the issuance of a NYSDEC wetlands permit and the filing of a covenant to raise the grade of the site to accommodate the sanitary system; and J Baxter Subdivision Page Three October 17, 2006 WHEREAS, in a letter dated July 11, 2006, the Suffolk County Department of Health Services indicated that the project, as proposed, complies with the requirements of the County's Sanitary Code; and WHEREAS, on September 12, 2006, the Engineer for the project submitted a letter dated September 11, 2006, indicating that the construction of a single-family residence would not exacerbate the flooding problem and therefore would not have any deleterious effects on the adjacent properties; and WHEREAS, the Southold Town Planning Board has considered the comments and evidence submitted by the neighboring property owners; and WHEREAS, the applicant has complied with Chapter 240, Subdivision of Land, of the Southold Town Code; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval upon the map prepared by Howard W. Young, L.S. dated June 10, 2002 and last revised on November 14, 2005, subject to the following conditions as per the LWRP Coastal Consistency Review: a. Submission an Affidavit which states that the applicant is fully aware that the parcel is located within the coastal barrier flood zone and that the Planning Board has advised the applicant of the risks associated with this designation and is requiring that the proposed structure constructed within this area be designed to withstand and avoid expected flooding to the greatest extent possible. b. Submission of additional Covenants and Restrictions which limits clearing on Lot 2 to 25,572 square feet and requires that the driveway be constructed of pervious materials. Upon fulfillment of the conditions, the Planning Board Chair is authorized to endorse the maps. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of map signing shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn . Woodhouse Chairperson cc: Town of Southold Board of Trustees I Ilillil IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII Ilill IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 10/19/2006 Number of Pages: 4 At: 02 : 13 : 02 PM Receipt Number 06-0102349 LIBER: D00012475 PAGE: 008 District: Section: Block: Lot: 1000 078 .00 07 . 00 005. 003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5 .00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0. 00 NO Cert.Copies $10 . 00 NO RPT $50 .00 NO SCTM $0 . 00 NO Fees Paid $97 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 4kF-21 Number of pages 2006 Cjcb !3.h,2 dith H. Pascale L This document Will be public E-JiFFOLK ''OU"f-IT'If record. Please remove all 1'",4 5 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. EA-52 17 (County) Sub Total or Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax Certified Copy 2- ID The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. YES or NO Other — Grand Total q,� If NO, see appropriate tax clause on page#—of this instrument. 4TDist, 1006 07800 0700 005003 5 Community Preservation Fund T 1000 07800 0700 005004 Real Property R EAp A Consideration Amount $ Tax Service 19-OCT-0 Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land r k-� TD 12, TD 0 CL-I h p q- /U TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title# Suffolk County Recordins! & Endorsement Page k This page forms part of the attached (. (0-41-1t:l — made by: (SPECIFY TYPE OF INSTRUMENT) a The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of 'S In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS AND RESTRICTIONS This DECLARATION is made and dated the Z�� day of October, 2006 by Mark Baxter, residing at 5805 Main Bayview Road, Southold,NY 11971. Herein referred to as the OWNER. WITNESSETH: WHEREAS, the undersigned is/are the owner(s) of the land more specifically described as follows: METES AND BOUNDS DESCRIPTION ALL that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being at Bayview in the Town of Southold, County of Suffolk, State of New York, being known and designated as lots numbered 68, 69, 70, 71 and the southeasterly one half of lot 72 on a certain map entitled, "Map of Goose Neck" situate at Bayview and filed in the Suffolk County Clerk's office on November 22, 1940 as and by Map No 1663 and described parcels adjacent thereto when taken together being more particularly bounded and described as follows: BEGINNING at a monument on the northeasterly side of Main Bayview Road distant 325.0 feet southeasterly from the corner formed by the intersection of the southerly side of Smith Drive South and the northeasterly side of Main Bayview Road and: RUNNING THENCE North 39 degrees 00 minutes East along lands now or formerly of Ohlman 162.32 feet to a monument; THENCE still along lands now or formerly of Ohlman North 60 degrees 39 minutes 50 seconds West 76.96 feet; THENCE north 70 degrees 49 minutes 40 seconds East along land now or formerly of B. Stahl 143.86 feet and North 39 degrees 00 minutes East still along said lands of B. Stahl and later along lands now or formerly of Rukowski 338.37 feet to an iron pipe and lands now or formerly of O'Neill; THENCE 210 feet South 51 degrees 00 minutes East along said lands of O'Neill; THENCE North 70 degrees 49 minutes 40 seconds East, 30(+-) feet to the normal high water mark of Goose Creek; THENCE southeasterly and southwesterly along the normal highwater mark of Goose Creek as it winds and turns approximately 460 (+-) feet to lands now or formerly of Grattan; THENCE South 42 degrees 53 minutes west along lands now or formerly of Grattan 360 feet to lands now or formerly of Green; THENCE along said lands now or formerly of Green, (1) North 51 degrees 00 minutes West 56.0 feet and(2) South 40 degrees 44 minutes 50 seconds West 166.14 feet to the northeasterly side of Main Bayview; THENCE North 51 degrees 00 minutes West along the northeasterly side of Main Bayview Road 420.35 feet to the monument; the point or place of BEGINNING SUFFOLK COUNTY TAX MAP NUMBER(S) DISTRICT: 1000 SECTION: 78 BLOCK: 7 LOT(S) 5.3 and 5.4 WHEREAS, the owner(s) has heretofore applied to the Planning Board of the Town of Southold for approval of a subdivision of the aforesaid property. WHEREAS, SAID OWNER(s) herewith agree(s) to file covenants and restriction on the above described property as required by the Planning Board of the Town of Southold, Suffolk County, New York. NOW, THEREFORE, said declarant, Mark Baxter, makes the following declaration of protective covenants and restriction to the land heretofore described: 1. Clearing on Lot 2 shall be limited to 25,572 square feet; 2. The driveway to be constructed on Lot 2 shall be of pervious materials. If the parties hereto, or any of them, their heirs, successors or assignees shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Town of Southold to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants either to prevent him or them from so doing or to recover damages or some other relief for such violation. Invalidation of any one of these covenants by judgment or court shall in no way affect any of the other provisions which shall remain in full force and effect. The owner reserves for himself and his distributees, executors, administrators, successors and assigns, the right to terminate and amend their covenants herein set forth upon prior approval of the Planning Board of the Town of Southold, 53095 Route 25, Southold, NY 11971-0959. This declaration of covenants shall run with the land and shall be binding upon the owner and his distributees, executors, administrators, successors and assigns. IN WITNESS THEREOF, the Declarant has caused this instrument to be executed the day and year first above written. Mark Baxter STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On the /1 day of October in the year 2006 before me, the undersigned personally appeared Mark Baxter,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s)is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature(s) on the instrument the individual(s), or the person upon behalf of which individual(s) acted, executed the instrument. COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, d .hereby certify that I have compared the annexed with the original ..GACA ��V�' .......RECORDED in the office on O!� under LIBERDQ ..la` -N ......PAGE ...� ....... .and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court on this .L ........day of...d4k. r.......... 20 0(0.. CLERK.. "AA:rk.a-.............. i i I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On the /q day of October in the year 2006 before me the undersigned personally appeared Mark Baxter,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names(s)is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature(s) on the instrument the individual(s), or the person upon behalf of which individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgment f ON,RNCY WALTERS Notary Public,State of New York No. 01 WA5081368 Qualified in Suffolk county Commission Expires June 30, __°o? • 4 �� I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I(IIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 01/11/2006 Number of Pages: 6 At: 02 :28: 08 PM Receipt Number : 06-0003268 LIBER: D00012430 PAGE: 127 District:' Section: Block: Lot: 1000 078. 00 07 .00 005 . 004 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 SRCHG $15. 00 NO TP-584 $0 .00 NO Notation $0 .00 NO Cert.Copies $10 .00 NO RPT $50 .00 NO SCTM $0 .00 NO Fees Paid $103 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL F1 2] RECORDED Number of pages 2006 Jan 11 02:28e O8 PH TORRENS f:LER}::: i�F Serial# SUFFOLK COUNTY L D O i124?ii Certificate# r 12' Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page Filing Fee � Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total )3 Spec. /Add. EA-5217 (State) TOT. MTG. TAX Dual Town Dual County R.P.T.S.A. lJ .___ ®b Held for Appointment Comm. of Ed. 5. 00 M 4.:• Transfer Tax w Affidavit Mansion��a�� Mansion Tax VD INDEQ / �j®� The property covered by this mortgage is Certified Copy / y or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other V Grand Total L/ �S If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 1000 07800 0700 005004 $ Community Preservation Fund l000 07800 0700 005003 Real Property �CWA� Consideration Amount $ Tax Service Agency 11�1AN 0 CPF Tax Due $ Verification Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address ` RECORD & RETURN TO: ty1 � TD ?r C -&`�4tev TD TD 7 Title Company Information Co. Name Title#� 8 Suffolk County Recording & Endorsement Ea a This page forms part of the attached C a ca C) made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In.the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) /-' DECLARATION OF COVENANTS AND RESTRICTIONS I I44) This DECLARATION is made and dated the I`I day of November, 2005 by Mark Baxter and Jacqueline Baxeter,residing at 5805 Main Bayview Road, Southold, NY 11971. Herein referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of a certain real property situate on the northeasterly side of Main Bayview Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two(2)lots, as shown on the Subdivision Map of Mark Baxter prepared by Young&Young, Land Surveyors last dated January 18, 2004 which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and as a condition of said approval, said 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 has determined that the same will be for the best interests of the DECLARANT ans subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT,for the purpose of carrying out the intentions above expressed,does hereby make known, admit, publish, covenant and agree that the sail lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers , lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) There shall be no further subdivision of Lots land 2. No lot lines shall be changed unless authorized by the Town Planning Board. 2) No structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the wetlands as designated on the subdivision map. 3) There shall be a 50'non-disturbed buffer adjacent to the wetland boundary on the subject premises as shown on the subdivision map approved by the Planning Board. 4) Storm-water resulting from the development and improvement or use of Lots 1 and 2 of such subdivision map shall be retained and disposed of on site. No storm-water shall be discharged to public lands or waters. 5) Prior to the commencement of any construction activity on lots 1 and 2 NYSDEC SPEDS General Permit must be secured and submitted. This declaration of covenants shall run with the land and shall be binding upon the owner and his distributees, executors , administrators, successors and assigns, and upon all persons or entities claiming under them, and may be terminated,revoked or amended by the owners of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision 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. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold,State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the Declarant SCHEDULE "A" All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk, State of New York, being known and designated as Lots Nos. 68, 69, 70, 71 and the southeasterly one half of Lot 72 on a certain map entitled, "Map of Goose Neck", situate at Bayview and filed in the Suffolk County Clerk's Office on November 22, 1948 as and by Map No. 1663 and described parcels adjacent thereto when taken together being more particularly bounded and described as follows: BEGINNING at a monument on the northeasterly side of Main Bayview Road distant 325.00 feet southeasterly from the corner formed by the intersection of the southerly side of Smith Drive South and the northeasterly side of Main Bayview Road, and-, RUNNING THENCE North 39 degrees 00 minutes East along lands now or formerly of Ohlman 162.32 feet to a monument; THENCE still along lands now or formerly of Ohlman North 50 degrees 39 minutes 50 seconds West, 76.96 feet-, THENCE North 70 degrees 49 minutes 40 seconds East along lands now or formerly of B. Stahl 143.86 feet and North 39 degrees 00 minutes East still along said lands of B. Stahl, and later along lands now or formerly of Rukowski 338.37 feet to an iron pipe and lands now or formerly of O'Neill; THENCE South 51 degrees 00 minutes East along said land of O'Neill 210.00 feet; THENCE North 70 degrees 49 minutes 40 seconds East, 30 feet more or less to the normal high water mark of Goose Creek; THENCE southeasterly and southwesterly along the normal high water mark of Goose Creek as it winds and turns the following nine (9) courses and distances: 1. South 02 degrees 33 minutes 32 seconds West, 55.03 feet; 2. South 69 degrees 18 minutes 58 seconds East, 58.10 feet; 3. North 83 degrees 6 minutes 51 seconds East, 58.15 feet; 4. North 72 degrees 54 minutes 31 seconds East, 60.29 feet; 5. South 50 degrees 6 minutes 57 seconds East, 32.82 feet-, 6. South 36 degrees 41 minutes 36 seconds West, 121.62 feet; 7. South 15 degrees 34 minutes 36 seconds East, 67.77 feet; 8. South 25 degrees 31 minutes 54 seconds West, 16.86 feet; and 9. South 31 degrees 13 minutes 36 seconds East, 21.97 feet; THENCE South 42 degrees 53 minutes West along lands now or formerly of Gratten 351.17 feet to lands now or formerly of Green; THENCE along said lands now or formerly of Green, 1. North 51 degrees 00 minutes West, 56.00 feet; and 2. South 40 degrees 44 minutes 00 seconds West, 166.14 feet to the northeasterly side of Main Bayview Road; THENCE North 51 degrees 00 minutes West along the northeasterly side of Main Bay-view Road 420.65 feet to the monument, the point or place of BEGINNING. and its successors and assigns, and upon all persons entities claiming under them, and may not be annulled,waived,changed,modified,terminated,revoked,or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS THEREOF,the Declaranthas caused this instrument to be executed the day and year first above written. Mark Baxter r J cq e Baxter STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Acting Clerk of the County of Suffolk and the Court of Record thereof, hereby ce 'fy that I have compared the annexed wit the original ... `........•••••••••.RECORDED in my office ....!. s!.�0,fo................. and,that the same isatrue vw l� �f3�'y` - copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set in hand and affixed the seal of said County and Court this ...............�. !:�.�•� ; +L. :j`'4440,4 40,4�A CTING CLERK i 1 BONNIEJ.OOROSIQ Signature an&dffice of individual taking acknowledgment Notary Public,State Of New York No.01006095328,Suffolk Co ntr Term Expires July 1,20 Protect Status Report for Standard Subdivisions Project dame antlLocat on � 3"� � roJect Description(tak n from Planning Tracking}. ME�Iljm: t. Sketch Application Dates Pre-Submission Conference \SEQRA Determination (? D S/ r Sketch Application Received U SC Planning Commission Referral Application Fees Paid I���J,�a�; SC Planning Commission Comments ERSAP Submitted 12 Z--A-W-A Fire Department Referral l Yield Plan Subm Z� Fire Department Comments J Concept Design Determined Engineer ConferenceR j Fire Department Comments Sketch Plan Submission SEQRA Coordination !J 1��1 �S Conditional Sketch Approval Landscape Plan YJA- Sketch Approval Soil Conservation Plan "� S Jar CA Preliminary Plat Application Dates(6 months after Sketch Plan Approval) Preliminary Application Received ���/ DEIS Submission Application Fees Paid . / Referral of Legal Documents to Town Attorney Referral of Road and Drainage Plans Comments from Legal Department Received Engineer Conference r FEIS Submission / Comments from Town Engineer ® Preliminary Hearing Set e/ Draft Performance Estimate Preliminary Hearing Held / Draft Covenants and Restrictions I����� Preliminary Hearing Closed / Draft Homeowner's Association Agreement Conditional Preliminary Approval Draft Road Maintenance Agreement Preliminary Approval Scoping Session Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received f—3y�m Affordable Housing Fee Paid / �b ,� / Application Fees Paid Administrative Fee Paid Mylars Received(5) NYSDEC Wetlands Permit Received Paper Prints Received(8) NYSDOT/DPW Permit Received Final Road and Drainage Plans Trustee Permit Received Performance Guarantee Received Final Hearing Sets Performance Guarantee to Town Board / Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval Park and Playground Fee Paid 7�ou ���d Map Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision m a✓� 1 Q 9�2 y' 2. Suffolk County Tax Map# to 6 o -1 � S - O 7 S. 4 3. Hamlet S o AA4 h(3 1� G c,� y -6 c c� 4. Street Location S0 j M q l✓I 5. Zoning District R e's1 4 1 O 6. Date of Submission -3 Q A u C,,i 6 C) �p 7. Sketch Plan Approval Date kA V1 P 13 gtoc)5 8. Preliminary Approval Date 0 C+ ;3 ) a 4 OS' 9. Number of Lots Proposed 91 10. Acreage of Open Space/Reserved Area O 11. Affordable Housing Units Proposed iJ 12. Percentage of Affordable Housing G 13. If providing less than 25%Moderate Income Family Dwelling Units (MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B)of the Town Code. 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. ye S 15. Application prepared by ri(owner [] agent [] other Signature of Preparer Date'" a O c' 6 MAILING ADDRESS: PLANrMNG SWiR.D MEMBERS ��F S�Vr P.O. Box 1179 JEWLYN B.`�' DHOUSE aO� yo�o Southold, NY 11971 Chair OFFICE WCATION: ?';LLIA:�Z J.CREME- Town Hall Annex � •i1NE•IM L.EDWARDS y 54375 State Route 25 .�VIARTIN H.SIVOR (a Youngs Main Rn. &You s Ave.) GEORGL'D.SOLOMON g Soutiiold, NY. '<i:lephor e: 631 765.1938 Fax: -�31 765-3136 P LAQ KING BOARD OFFICE `1JWN OF SOUTHOLD Nuvember 8, 2005 Mr. Mark Baxter !-0'8.05 Main Bayview Road Re: Proposed Standard Subdivision of Mark Baxter Located n/o Main 'Bayview Road, 325"eio Smith Drive South, in Southold SCTM#1000-78-7•5.3 and 5.4 Zoning District: R-40 I::i,E:.ar Mr. Baxter: hie Southold Town 77 a:; o b o Board, at a meeting held on Monday, Nc Zembe° 7, 2005, ini, opte-' the following re-solutions: V HEREAS, this standard su n ivision proposes to subdivide a 6.78 ac-: ., paroi,!l into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres; ^rd 1Pk., .ER'AS, on June 13, 2005, the Southold Town Planning Board gna;ited conditional sketch approval upon th.4 s o t;a prepared by Howard Young, L.S. dater: December 15, 12005 and last revised on December 22, 2005; and WHEREAS, on Septem�_,cr''g, '?11)05, the applicant submitted a revise_: snap ar�� an application for preliminary plat approval; and WHEREAS, the Planning Eoard 5,13viawed the preliminary map at their work scission on October 31, 2005 and found tl�e.�� fl, reap was revised as in accordance with thev oonditio-ifis set forth in the ske%ch �,vproval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants PreliminewF Plat Approval upon the map prepared Howard Young, L.S. dated September 23, 2005, subject) the following conditions: 1. Submission of the final application and fee in the amount of$500. The final map must contain the Health Department stamp of approval and include (5) mylars and eight (8) paper prints. 2. Submission of a copy of the filed Declaration of Covenants and Restrictions. 3. Submit a determination from the New York State Department of Environmental Conservation for the action. 4. Submission of the playground fee in the amount of$7,000. DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-03072/00001 March 19, 2003 FACILITY/PROGRAM NUMBER(S) PERMIT EpMI7 EXPIRATION DATE(S) Under the Environmental March 18, 2008 Conservation Law TYPE OF PERMIT a New ❑ Renewal ❑Modification❑ Permit to Construct ❑ Permit to Operate ❑ Article 15,Title 5: Protection of Waters ❑ Article 17,Titles 7, 8: SPDES ❑ Article 27,Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 15,Title 15:Water Supply ❑ Article 19:Air Pollution Control ❑ Article 34: Coastal Erosion ❑ Article 15,Title 15: Water Transport ❑ Article 23,Title 27: Mined Land Management Reclamation ❑ Article 15,Title 15: Long Island Wells ❑ Article 36: Floodplain Management ❑ Article 24: Freshwater Wetlands ❑ Article 15, Title 27: Wild, Scenic and 1 ❑ Articles 1, 3, 17, 19, 27, 37; 6NYCRF Recreational Rivers a Article 25:Tidal Wetlands 380: Radiation Control ❑ 6NYCRR 608:Water Quality Certifica- ❑ Article 27,Title 7; 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Mark Baxter 631) 765-5-195 ADDRESS OF PERMITTEE 5805 Main Ba view Road, Southold, NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Young & Young, 400 Ostrander Avenue, Riverhead, NY 11901 631) 727-2303 NAME AND ADDRESS OF PROJECT/FACILITY Baxter propert ,.5805 Main Ba view Road, Southold SCTM #1000-78-7-5.3 &.5.4 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Goose Creek DESCRIPTION OF AUTHORIZED ACTIVITY: Two lot subdivision in accordance with plans by Howard W. Young, last revision November 27, 2002 and stamped NYSDEC approved on March 19, 2003. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 &3) and any Special Conditions included as part of this.permit. PERMIT ADMINISTRATOR: ADDRESS Roger Evans (SVA) Region 1 Headquarters, Bldg. #40, SUNY, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATIJ-DE DATE lJ Page 1 of 4 7 zti ua t/ March 26, 2003 IT -JEW' '<STATE DEPARTMENT OF ENVIRONMENTA - JSEF SON ADDITIONAL GENERA, _.-DNDITIONS FOR ARTICLES 15 (TITLE -1,—.24, 25, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable .obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove oralterthe structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. . 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977(PL 95-217)provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Howard W. Young last revision November 27, 2002. DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-03072/00001 )TII kTION OF OTHER PERMITTEE I 1Gi )NS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The pen-nittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents("DEC")for all claims,suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D:. No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended,pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional.Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-03072/00001 Albert J.Krupski,President �\%,0f Sou�y� Town Hall James King,Vice-President ,`O l0 53095 Route 25 Artie Foster P.O. Box 1179 Ken Poliwoda Southold,New York 11971-0959 CP Peggy A. Dickerson � Telephone(631)765-1892 �"reoum,� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 8, 2005 RE: MARK BAXTER SUBDIVISION BAYVIEW ROAD, SOUTHOLD SCTM#78-7-5.3, 5.4 To The Southold Towh Planning Board: The Southold Town Board of Trustees reviewed the survey prepared by Young and Young last dated May 4, 2005 and determined the proposed location of the house for the Subdivision of Mark Baxter at Bayview, Southold to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. There will be a required 50' non-disturbance buffer landward of the wetland line. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above,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 Freshwater Wetlands, Tidal Wetlands jurisdiction, and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the freshwater_wetland boundary, tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. SiA ly, , Albert J. s Kru ?i, Jr.4PZi�ent P Board of Trustees Cc: Mark Baxter AJK: het dfFO� PLANNING BOARD MEMBERS DUOS G IP.O. Box 1179 S: JERILYN B.WOODHOUSE C Southold,NY 11971 Chair y = OFFICE LOCATION: W � IRICHARD CAGGL4NO Gy • �'F Town Hall Annex WILLIAM J.CREMERS ?f01 �a0 54375 State Route 25 I KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE ---- TOWN OF SOUTHOLD 7--- KI j1 I s'— SEP 2 9 2005 ` Application for Preliminary Plat Approva�l't'' APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name cf Subdivision Mark Baxter I 1000-78-7-5.3 2. Suffclk County Tax Map # 1000-78-7-5.4 3. Hamlet Bayview 5805 Main Bayview Road 4. Street Address/ Southold, New York 11971 Project Location 5. Zoning District Residential "40" 6. Date of Submission September 8, 2004 7. Sketch Plan Approval Date June 14, 2005 8. Acreage of Site 6.7898 acres 9. Parcel Yield 2 Lots 10. Number of Lots Proposed 2 a. Number of Affordable Lots Required: 0 b. Number of Affordable Lots Proposed: 0 c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: N.A. 11. Acreage of Open Space N.A. 12. Percentage of Open Space N.A. 1 13. Range of Lot Sizes Lot 1 - 4.4417 acres, Lot 2 - 2.3481 acres 14. Average Lot Size 3.3949 acres 15. Private or Public Streets N.A. 16. Length of Road(s) N.A. 17. Acreage of Road(s) N.A. 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. Yes, the proposed property boundary line was moved slightly to the north resulting in the following area changes: Lot 1 Area decreased from 2.5047 to 243481 acres, and Lot 2 Area increased from 4,2851 to 4,4417 acres. 19. In addition to the application to the Town of Southold Planning Board,what other approvals are you seeking for this subdivision from state or other agencies?Please list other applications which are currently pending involving this project. If possible,please provide application reference numbers. Subdivision Approval - SCDHS Ref. No.: S10-02-0015 Tidal Wetlands - NYSDEC Permit No. 'l-4738-03072/00001 20. Application completed by [X] owner [ ] agent [ ] other Signature of Preparer Date 6 Mark Baxter 1 2 % 1 Number of pages TORRENS Serial# Certificate# Prior Ctf.# Deed.Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. — 1.Basic Tax _ Handling 5. 00 2.Additional Tax _ TP-584 Sub Total Spec./Assit. Notation — or EA-5217(County) Sub Total Spec./Add. TOT.MTG.TAX _ EA-5217(State) Dual Town_ Dual County— RP.T.S.A. ��� Held for Appointment— Transfer Tax Comm.of Ed. 5. 00 Mansion Tax — Affidavit ° t The property covered by this motgage is or will be improved by a one or two Certified Copy family dwelling only. YES or NO Reg.Copy Sub Total If NO,see appropriate tax clause on Other Grand Total page# of this instrument. 4 1 District 1000 Section 78 Block 7 Lot 5.3,5.4 5 1 Community Preservation Fund Real Consideration Amount $ Property Tax Service CPF Tax Due $ Agency Improved Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD&RETURN TO: TD TD 7 Title Company Information Co.Name Title# S Suffolk County Recording & Endorsement Page This page forms part of the attached Covenants&Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold In the VILLAGE or HAMLET of Southold BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (over) Dear Taxpayers, 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 yrouerty tax bills. Local property taxes are payable twice a year: on or before January 101h 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 tax payments. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,NY 11757 Riverhead,NY 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson,NY 11777 Shelter Island,NY 11964 (631)473-0236 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,NY 11937 'Smithtown,NY 11787 (631)324-277.0:_: (631)360-76.10" Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,NY 11743 Southampton,NY 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip,NY 11751 Southold,NY 11971 (631)224-5580 (631)765-1803 Sincerely, Edward P.Romaine Suffolk County Clerk �Y DECLARATION OF COVENANTS AND RESTRICTIONS This DECLARATION is made and dated the day of June, 2005 By Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Herein referred to as the owner. WITNESSETH WHEREAS, the undersigned is/are the owner(s) of the land more specifically described as follows: METES AND BOUNDS DESCRIPTION ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Bayview in the Town of Southold,County of Suffolk,State of New York, being known and designated as Lots numbered 68, 69, 70, 71 and the southeasterly one half of lot 72 on a certain map entitled, "Map of Goose Neck" situate at Bayview and filed in the Suffolk County Clerk's Office on November 22, 1940 as and by Map No. 1663 and described parcels adjacent thereto when taken together being more particularly bounded and described as follows: BEGINNING at a monument on the-northeasterly side of Main Bayview Road distant 325.0 feet southeasterly from the corner formed by the intersection of the southerly side of Smith Drive South and the northeasterly side of Main Bayview Road and; RUNNING THENCE 39 degrees 00 minutes East along lands now or formerly of Ohlman 162.32 feet to a monument; THENCE still along lands now or formerly of Ohlman North 60 degrees 39 minutes 50 seconds West 76.96 feet; THENCE North 70 degrees 49 minutes 40 seconds East along land now or formerly of B. Stahl 143.86 feet and North 39 degrees 00 minutes East still along said lands of B. Stahl, and later along lands now or formerly of Rukowski 338 37-feetto an iron pipe and lands now or formerly of O'Neill; THENCE South 51 degrees 00 minutes East along said lands of O'Neill 210.0 feet; THENCE North 70 degrees 49 minutes 40 seconds East,30(+-)feet to the normal high water mark of Goose Creek; THENCE southeasterly and southwesterly along the normal highwater mark of Goose Creek as it winds and turns approximately 460 (+ -) feet to lands now or formerly of Grattan; THENCE south 42 degrees 53 minutes West along lands now or formerly of Gratton 360 feet to lands now or formerly of Green; THENCE along said lands now or formerly of Green, (1) North 51 degrees 00 minutes West 56.0 feet and(2) South 40 degrees 44 minutes 50 seconds West 166.14 feet to the northeasterly side of Main Bayview; THENCE North 51 degrees 00 minutes West along the northeasterly side of Main Bayview Road 420.35 feet to the monument; the point or place of BEGINNING. SUFFOLK COUNTY TAX MAP NUMBER(S) DISTRICT: 1000 SECTION : 78 BLOCK: 7 LOT(S): 5.3 and 5.4 WHEREAS, said owner(s) has heretofore applied to the Planning Board of the Town of Southold for approval of a subdivision of the aforesaid property. WHEREAS, SAID OWNER(s) herewith agree(s) to file covenants and restriction on the above described property as required by the Planning Board of the Town of Southold, Suffolk County, New York. NOW THEREFORE,the said Declarant Mark Baxter, males the following declaration of protective covenants and restriction to the land heretofore described: 1. There shall be a 50' non-disturbed buffer adjacent to the wetland boundary on the subject premises as shown on the subdivision map approved by the Planning Board. 2. Storm-water resulting from the development and improvement or use of Lots 1 and 2 of such subdivision map shall be retained and disposed of on site. No storm-water shall be discharged to public lands or waters. If the parties hereto, or any of them their heirs, successors, or assignees shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Town of Southold to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants either to prevent him or them from so doing or to recover damages or some other relief for such violation. Invalidation of any one of these covenants by judgment or court shall in no way affect any of the other provisions which shall remain in full force and effect. The owner reserves for himself and his distributees, executors, administrators, successors and assigns,the right to terminate and amend their covenants herein set forth upon prior approval of the Planning Board of the Town of Southold, 53095 Route 25, Southold, N.Y. 11971-0959. This declaration of covenants shall run with the land and shall be binding upon the owner and his distributees, executors , administrators, successors and assigns. IN WITNESS THEREOF, the Declarant has caused this instrument to be executed the day and year first above written. Mark Baxter UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On the day of fie- in the year 2005 before me, The undersigned personally appeared Mark Baxter Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s)is(are)subscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the individual(s), or the person upon behalf of which individual(s) acted, executed the instrument. Signature and Office dividual taking acknowledgment BONNIE J.DOROSIQ Notary Public,State Of Newyork No.OID06095328,Suffolk unty Term Expires July 7,20 Albert J.Krupski,President ��a SoUry� Town Hall James King,Vice-President �O l0 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 Peggy A.Dickerson G Telephone(631)765-1892 lycou Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 4, 2005 RE: MARK BAXTER SUBDIVISION SCTM# 78-7-5.3, 5.4 To The Southold Town Planning Board: The Southold Town Board of Trustees reviewed the survey prepared by Young and Young last dated May 4, 2005 and determined the proposed location of the house for the Subdivision of Mark Baxter at Bayview, Southold to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Attached is a map showing the amended wetland line.delineated by this office; the line is included in the 50' required non-disturbance buffer and therefore it is not necessary to change the original map. The 10' relocation of the house puts the house beyond the 100'jurisdiction of the Board of Trustees. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, 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 Freshwater Wetlands, Tidal Wetlands jurisdiction, and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the freshwater wetland boundary, tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sinca�r� I +,, Albert J. Krupski, Jr., President Board of Trustees DEC PERMIT NUMBER . EFFECTIVE DATE 1-4738-03072100001 ® March 19,2003 FACILITY/,PROGRAM NUMBER(S) � ���-g- EXPIRATION DATE(S) Under the Environmental March 18,2008 Conservation Law TYPE OF PERMIT le New ❑Renewal ❑Modification❑Permit to Construct ❑Permit to Operate ❑ Article 15,Title 5: Protection of Waters ❑ Article 17,Titles 7, 8: SPDES ❑ Article 27,Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 15,Title 15:Water Supply ❑ Article 19:Air Pollution Control ❑ Article 34: Coastal Erosion ❑ Article 15,Title 15:Water Transport ❑ Article 23,Title 27: Mined Land Management Reclamation ❑ Article 15,Title 15: Long Island Wells ❑ Article 36: Floodplain Management ❑ Article 24: Freshwater Wetlands ❑ Article 15,Title 27: Wild, Scenic and ❑ Articles 1, 3, 17, 19, 27, 37;6NYCRR. Recreational Rivers M Article 25:Tidal Wetlands 380: Radiation Control ❑ 6NYCRR 606: Water Quality Certifica- ❑ Article 27,Title 7; 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Mark Baxter 631) 765-5195 ADDRESS OF PERMITTEE 5805 Main Ba view Road, Southold, NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Young & Young, 400 Ostrander Avenue, Riverhead, NY 11901 631) 727-2303 NAME AND ADDRESS OF PROJECT/FACILITY Baxter propert ,.5805 Main Ba view Road, Southold SCTM #1000-78-7-5.3 & 5.4 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Goose Creek DESCRIPTION OF AUTHORIZED ACTIVITY: Two lot subdivision in accordance with plans by Howard W. Young, last revision November 27, 2002 and stamped NYSDEC approved on March 19, 2003. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 &3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Roger Evans (SVA) Region 1 Head uarters, Bldg. #40, SUNY, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATU�E DATE l Page 1 of 4 `(8 A Cd. March 26, 2003 i W'. .0 STATE DEPARTMENT OF ENVIRONMENTAL I ER j0N SPECIAL CONDITIONS 1. Development of subdivided parcels will require additional review and separate NYSDEC Tidal Wetland permits from this Department. 2.. The permittee shall incorporate the following language as a notice covenant to the deed: Regulated tidal wetlands associated with Goose Creek are located at Suffolk County Tax Map Number: District 1000, Section 78, Block 7, Lots 5.3 & 5.4, otherwise known as the properties of Mark Baxter and his heirs, assigns, or successors. This property is subject to the provisions of New York State Environmental Conservation Law (ECL) Article 25 or its successor, and the conduct of regulated activities may occur only pursuant to ECL Article 25 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) or its successor. Regulated activities include, but are not limited to the erection of any structure(s); excavation; dredging grading and filling; clearing of vegetation; and application of chemicals." This deed covenant shall be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be sentwithin one calendaryear of the issuance of this permitto:NYSDEC,Regional Manager,Bureau of Marine Habitat Protection, SUNY Building 40, Stony Brook, New York 11790-2356. DEC PERMrr NUMBER PAGE 2 of 4 1-4738-03072/00001 <STATE DEPARTMENT OF ENVIRONMENTAL --EF 'ON ADDITIONAL GENERAL NDITIONS FOR ARTICLES 15 (TITLE _`1•, 26, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alterthe structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall,without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S.Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly,without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8. If granted under6NYCRR Part608,the NYS Department of Environmental Conservation hereby certifies thatthe subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977(PL 95-217)provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Howard W. Young last revision November 27. 2002. DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-03072/00001 • Kx"Tll kTION OF OTHER PERMITTEE C -GE )NS Item A: Permittee Accept gal Responsibility and Agrees to Inde fication The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees,and agents("DEC")for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with,or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item 13: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYS DEC Regional.Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-03072/00001 New York State Department of Environmental Conservation - Division of Fish, Wildlife & Marine Resources Erin M. Crotty New York Natural Heritage Program commissioner 625 Broadway, 5`h floor, Albany, New York 12233-4757 Phone: (518) 402-8935 • FAX: (518) 402-8925 Website: www.dec.state.ny. July 11, 2005 Mark Baxter 5805 Main Bayview Road Southold, 11971 7 G IIJ- 3 �6 Dear Mr. Baxter: In response to your recent request,we have reviewed the New York Natural Heritage Program database with respect to an Environmental Assessment for the proposed 6.78 Parcel Subdivision, site as indicated on the map you provided, located in the Town of Southold, Suffolk County. Enclosed is a report of rare or state-listed animals and plants, significant natural' communities, and other significant habitats,which our databases indicate occur, or may occur, on your site'or in the immediate vicinity of your site. The information contained in this report is considered sensitive and may not be released to the public without permission from the New York Natural Heritage Program. The presence of rare species may result in this project requiring additional permits, permit conditions, or review. For further guidance, and for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the appropriate NYS DEC Regional Office, Division of Environmental Permits, at the enclosed address. For most sites, comprehensive field surveys have not been conducted; the enclosed report. only includes records from our databases. We cannot provide a definitive statement on the presence or absence of all rare or state-listed species or significant natural communities. This information should not be substituted for on-site surveys that may be required for environment impact assessment. Our databases are continually growing as records are added and updated. If thisproposed project is still under development one year from now,we recommend that you contact us again so that we may update this response with the most current information. , • Sincerely, / �BettyA7eham, Information SNY Neritage2 Program Encs. cc: Reg. 1, Wildlife Mgr.. Peter Nye, Endangered Species Unit, Albany DIVISION OF VIRONMENTAL PERMITS REG] IAL OFFICES January 2004 REGION COUNTIES REGIONAL PERMIT ADMINISTRATORS I Nassau&Suffolk John Pavacic NYS-DEC B LDG.40 SUNY at Stony Brook Stony Brook,NY 11790-2356 Tele hone: 631)444-0365 2 New York City (Boroughs of Manhattan,Brooklyn,Bronx, John Cryan Queens,&Staten Island NYS-DEC One Hunters Point Plaza 47-40 21 st Street Long Island City,NY 11101-5407 Tele hone: (718)482-4997 3 Dutchess,Orange,Putnam,Rockland,Sullivan,Ulster& Margaret Duke Westchester NYS-DEC 21 South Putt Corners Road New Paltz,NY 12561-1696 Tele hone: (845)256-3054 4 Albany,Columbia,Greene,Montgomery,Rensselaer & William Clarke Schenectady NYS-DEC 1150 North Wescott Road Schenectady,NY 12306-2014 Tele hone: (518)357-2069 4 Delaware,Otsego&Schoharie Kent Sanders (sub-office) NYS-DEC Route 10 HCR#I,Box 3A Stamford,NY 12167-9503 Telephone- (607)652-7741 5 Clinton,Essex,Franklin&Hamilton Thomas Hall NYS-DEC Route 86,PO Box 296 Ray Brook,NY 12977-0296 Telephone-(518)897-1234 5 Fulton,Saratoga,Warren&Washington Thomas Hall (sub-office) NYS-DEC County Route 40 PO Box 220 Warrensburg,NY 12885-0220 Telephone-(518)623-1281 6 Jefferson,Lewis&St. Lawrence Brian Fenlon NYS-DEC State Office Building 317 Washington Street . Watertown,NY 13601-3787 Telephone (315)785-2245 6 Herkimer&Oneida J.Joseph Homburger' (sub-office) NYS-DEC State Office Building 207 Genesee Street Utica,NY 13501-2885 _._. Telephone: (315)793-2555 7 Cayuga,Madison,Onondaga&Oswego John Feltman NYS-DEC 615 Erie Blvd.West (Env.Permits Room 206) Syracuse,NY 13204-2400 Telephone: (315)426-7438 7 Broome,Chenango,Cortland,Tioga&Thompkins Michael Barylski" (sub-office) NYS-DEC 1285 Fisher Avenue Cortland,NY 13045-!090 Telephone: (607)753-3095 8 Chemung,Genesee,Livingston,Monroe,Ontario,Orleans, Peter Lent Schuyler,Seneca, Steuben,Wayne&Yates NYS-DEC f;274 East Avon Lima Road Avon, NY 14414-9519 Telephone: (716)226-2466 9 Erie,Niagara&Wyoming Steve Doleski NYS-DEC 270 Michigan Avenue Buffalo,NY 14203-2999 Telephone: (716)851-7165 9 Allegany,Cattaraugus,Chautauqua Ken Taft' (sub-office) NYS-DEC 182 East Union,Suite 3 Allegany,NY 14706-1328 Telephone: 716)372-0645 Deputy Regional Permit Administrator Natural Herif- Report on Rare Species and Ecologic. -ommunities NY Natur6fHeritage Program,NYS DEC,625 Broadway,5th Floor, Albany,NY 12233-4757, (518)402-8935 -This report contains SENSITIVE information that may not be released to the public without permission from the NY Natural Heritage Program. -Refer to the User's Guide for explanations of codes,ranks and fields. -Location maps for certain species and communities may not be provided if 1)the species is vulnerable to disturbance,2)the location and/or extent is not precisely known,and/or 3)the location and/or extent is too large to display. BIRDS Charadrius melodus Office Use Piping Plover NY Legal Status: Endangered NYS.Rank: S313;Vulnerable 421 Federal Listing: Endangered Global Rank:G3;Vulnerable Sc Last Report: ** EO Rank: ** ESU County: Suffolk Town: Southold Location: Goose Creek Southold Bay,Jockey Creek Spoil Island Goose Creek Bridge Subcolony(Seatuck) Directions: The beaches at the mouth of Goose Creek,on Southold Bay, Shelter Island Sound.The birds were seen on the east side of the creek by the yacht club. General Quality **For information on the population at this location and management considerations, please and Habitat: contact the NYS DEC Regional Wildlife Manager or NYS DEC Endangered Species Unit at 518-402-8859. VASCULAR PLANTS Carex hormathodes Office Use Marsh Straw Sedge NY Legal Status: Threatened NYS Rank: S2S3; Imperiled 7846 Global Rank:G4G5;Apparently secure M Last Report: 1910-05-23 EO Rank: Historical, no recent information County: Suffolk Town: Southold Location: Southold Directions: General Quality Wet places. and Habitat: Onosmodium virginianum Office Use Virginia False NY Legal Status: Endangered NYS Rank: S1;Critically imperiled 8882 Gromwell Global Rank:G4;Apparently secure M Last Report: 1924-09-30 EO Rank: Failed to find but search more County: Suffolk Town: Southold Location: Bay View Directions: General Quality Sandy woods. and.Habitat: June 28,2005 Page 1 of 2 Natural H le Report on Rare Species and Ecological imunities4 ' . VASCULAR PLANTS Symphyotrichum conco/or Office Use , Silvery Aster NY Legal Status: Endangered NYS Rank: S1; Critically imperiled 4369 Global Rank:G5; Demonstrably secure M Last Report: 1924-08-02 EO Rank: Historical, no recent information County: Suffolk Town: Southold Location: Bayview Directions: General Quality Sandy woods. and Habitat: 4 Records Processed June 28,2005 Page 2 of 2 V- Exploitably vulnerable: listed specie . likely to become threatened in the near futu.—soughout all or a significant portion of their range within the state if causal factors continue unchecked. U -Unprotected;no state status. FEDERAL STATUS (PLANTS and ANIMALS): The categories of federal status are defined by the United States Department of the Interior as part of the 1974 Endangered Species Act(see Code of Federal Regulations 50 CFR 17). The species listed under this law are enumerated in the Federal Register vol. 50, no. 188, pp. 39526-39527. The codes below without parentheses are those used in the Federal Register.The codes below in parentheses are created by Heritage to deal with species which have different listings in different parts of their range,and/or different listings for different subspecies or,varieties. (blank)= No Federal Endangered Species Act status. LE=The element is formally listed as endangered. LT=The element is formally listed as threatened. PE=The element is proposed as endangered. PT=The element is proposed as threatened. C=The element is a candidate for listing. LE,LT=The species is formally listed as endangered in part of its range,and as threatened in the other part;or, one or more subspecies or varieties is listed as endangered,and the others are listed as threatened. LT,PDL= Populations of the species in New York are formally listed as threatened,and proposed for delisting. (LE)= If the element is a full species,all,subspecies or varieties are listed as endangered; if the element is a subspecies,the full species is listed as endangered. LT,T(S/A)= One or more subspecies or populations of the species is formally listed as threatened,and the others are treated as threatened because of similarity of appearance to the listed threatened subspecies or populations. PS = Partial status: the species is listed in parts of its range and not in others; or, one or more subspecies or varieties is listed, while the others are not listed. GLOBAL AND STATE RANKS (animals,.planfs,ecological communities and others): Each element has a global and state rank as determined by the NY Natural Heritage Program. These ranks carry no legal weight. The global rank reflects the rarity of the element. throughout the world and the state rank reflects the rarity within New York State. Infraspecific taxa are also assigned a taxon rank to reflect the infraspecific taxon's rank throughout the world. .?= Indicates a question exists about the rank. Range ranks, e.g. S1S2,indicate not enough information is available to distinguish between two ranks. GLOBAL RANK: G1 -Critically imperiled globally because of extreme rarity(5 or fewer occurrences),or very few remaining acres,or miles of stream)or especially vulnerable to extinction because of some factor of its biology. G2-Imperiled globally because of rarity (6-20 occurrences,or few remaining acres,or miles of stream)or very vulnerable to extinction throughout its range because of other factors_ G3-Either rare and local throughout its range(21 to 100 occurrences),or found locally(even abundantly at some of its locations)in a restricted range(e.g_a physiographic region),or vulnerable to extinction throughout its range because of other factors. G4-Apparently secure globally,though it may be quite rare in parts of its range,especially at the periphery. G5-Demonstrably secure globally, though it may be quite rare in parts of its range,:especially at the periphery_ GH- Historically known,with the expectation that it might be rediscovered. GX-Species believed to be extinct_ NYS RANK: S1 -Typically 5 or fewer occurrences,very few remaining individuals,acres, or miles of stream,or some factor of its biology making it especially vulnerable in New York State. S2-Typically 6 to 20 occurrences,few remaining individuals,acres,or miles of stream,or factors demonstrably making it very vulnerable in New York State. S3-Typically 21 to 100 occurrences,limited acreage,or miles of stream in New York State. S4-Apparently secure in New York State. S5- Demonstrably secure in New York State. SH- Historically known from New York State,but not seen in the past 15 years. SX-Apparently extirpated from New York State. SZ- Present in New York State only as a transient migrant. SxB and SxN,where Sx is one of the codes above, are used for migratory animals, and refer to the rarity within New York State of the breeding (B)populations and the non-breeding populations (N),.respectively, of the species. TAXON (T) RANK: The T-ranks(T1 -T5)are defined the same way as the Global ranks (G1 - G5), but the T-rank refers only to the rarity of the subspecific taxon. T1 through T5-See Global Rank definitions above- 0- Indicates a question exists whether or not the taxon is a good taxonomic entity. Revised Sept. 1,2004 _S GUIDE TO NY NATURAL HERITAGI kTA New York Natural Heritage Program,625 Broadway, 51h Floor,Albany, NY 12233-4757 phone: (518)402-8935 NATURAL HERITAGE PROGRAM: The NY Natural Heritage Program is a partnership between the NYS Department of Environmental Conservation (NYS DEC) and The Nature Conservancy. Our mission is to enable and enhance conservation of rare . animals, rare plants, and significant communities. We accomplish this mission by combining thorough field inventories,scientific analyses, expert interpretation,and the most comprehensive database on New York's distinctive biodiversity to deliver the highest quality information for natural resource planning;protection,and management. DATA SENSITIVITY: The data provided in the report are ecologically sensitive and should be treated in a sensitive manner. The report is for your in-house use and should not be released, distributed or incorporated in a public document without prior permission from the Natural Heritage Program. EO RANK: A letter code for the quality of the occurrence of the rare species or significant natural community,based on population size or area, condition,and landscape context. A-E= Extant: A=Excellent, B=Good,C=Fair, D=Poor, E=Extant but with insufficient data to assign a rank of A-D. F=Failed to find. Did not locate species during a limited search,but habitat is still there and further field work is justified. H=Historical. Historical occurrence without any recent field information_ X= Extirpated_ Field/other data indicates element/habitat is destroyed and the element no longer exists at this location. U= Extant/Historical status uncertain. Blank= Not assigned. LAST REPORT: The date that the rare species or significant natural community was last observed at this location,as documented in the Natural Heritage databases.The format is most often YYYY-MM-DD. NY LEGAL STATUS—Animals: Categories of Endangered and Threatened species are defined.in New York State Environmental Conservation Law section 11-0535. Endangered,Threatened,and Special Concern species are listed in regulation 6NYCRR 182.5. E -Endangered Species:any species which meet one of the following criteria: Any native species in imminent danger of extirpation or extinction in New York.' Any species listed as endangered by the United States Department of the Interior,as enumerated in the Code of Federal Regulations 50 CFR 17.11. T-Threatened Species:any species which meet one of the following criteria: - Any native species likely to become an endangered species within the foreseeable future in NY. . Any species listed as threatened by the U.S. Department of the Interior,as enumerated in the Code.of the Federal Regulations 50 CFR 17.11. SC - Special Concern Species: those species which are not yet recognized as endangered or threatened, but for which documented concern exists for their continued welfare in New York_ Unlike the first two categories, species of special concern receive no additional legal protection under Environmental Conservation Law section 11-0535(Endangered and Threatened Species)_ P- Protected Wildlife (defined in Environmental Conservation Law section 11-0103):wild game,-protected wild birds, and endangered species of wildlife. U-Unprotected (defined in Environmental Conservation Law section 11-0103): the species may be taken at any time without limit; however a license to take may be required. G-Game (defined in Environmental Conservation Law section 11-0103):any of a variety of big game or small game species as stated in the Environmental Conservation Law; many normally have an open season for at least part of the year,and are protected at other times. NY LEGAL STATUS—Plants: The following categories are defined in regulation 6NYCRR part 193.3 and apply to NYS Environmental Conservation Law section 9- 1.503_ E-Endangered Species: listed species are those with: 5 or fewer extant sites,or fewer than 1,000 individuals,or - restricted to fewer than 4 U.S.G.S.7 %minute topographical maps,or - species listed as endangered by U.S_ Department of Interior, as enumerated in Code of Federal Regulations 50 CFR 17.11. T-Threatened: listed species are those with: 6 to fewer than 20 extant sites,or . 1,000 to fewer than 3,000 individuals, or restricted to not less than 4 or more than 7 U.S.G.S. 7 and Y2 minute topographical maps, or listed as threatened by U.S. Department of Interior, as enumerated in Code of Federal Regulations 50 CFR 17.11_ R- Rare: listed species have: 20 to 35 extant sites,or 3,000 to 5,000 individuals statewide. continued on back Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Mylars Received(5) NYSDEC Wetlands Permit Received Paper Prints Received(8) NYSDOT/DPW Permit Received Final Road and Drainage Plans Trustee Permit Received Performance Guarantee Received Final Hearing Set Performance Guarantee to Town Board Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval Park and Playground Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: J PLANNING BOARD MEMBERS ��atfFU(,�C' O Town Hall, 53095 State Route 25 Chairman BENNETT ORLOWSKI,JR. 0�0 Gym P.O. Box 1179 WILLIAM J.CREMERS y = Southold, New York 11971-0959 KENNETH L.EDWARDS Dy • �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO �Ol PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form D E C E 9 W E Name of Subdivision: MARK BAXTER SEP 10 2004 Southold Town Suffolk County Tax Map # 1000- 787-5.3 Planning BoWl 100�-78-7-5.4 Type of Subdivision: Major Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: Bayview Street Location: Main Bayview Road Acreage: 6.7898 Acres Number of Lots: 2 Zoning District: Residential "40" Date: September 8, 2004 ` \A. Please list name, mailing address, and phone number for the people helow: Applicant: Mark Baxter 5805 Main Bayview Road southoid, New or Agent handling the application: (Contact Person) Property Owner(s):._ __. Mark Baxter 5805 Main Bayview Road New York 11971 l/ Surveyor: Young & Young ATTN: Howard W. .,Young, 400 Ostrander Avenue Riverhead, New York 11901 Engineer: Young & Young ATTN: Thomas C. Wolpert, P.E. Ustrancter Avenue Riverhead, New York 11901 Attorney: Other Agent(s): Has this property had a previous application to the Planning Board? Oyes No Has this property previously received a SEQRA review? Yes No Have you had any pre-submission conferences with the Planning Board? Yes (No ) Does this application have variances from the Zoning Board of Appeals? Yes No Appl. No. Date Is this property adjacent to any bodies of water? Yes No Are there any wetlands on the property? Yes No Are there public water mains in an adjacent street? Yes No i Is public water proposed for the subdivision? Yes No Is the majority of the property forested? Yes No Is any part of the property in active agricultural use? Yes No Is there an existing or proposed sale of development rights on the property? Yes CNo Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? Yes No Are there any building permits currently pending on this property? Yes No �DoSignature of Preparer j,, Date Mark Baxter PLANNING BOARD MEMBEIi�(, OS�FFO��►C ► BENNETT ORLOWSKI,JR. 0� QG Town Hall, 53095 State Route 25 Chairman yA P.O.Box 1179 . WILLI AM J.CREMERS y 1 Southold, New York 11971-0959 KENNETH L.EDWARDS �y, Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO 'yifJQl �aQ� PLANNING BOARD OFFICE TOWN OF SOUTHOLD The following information is provided to help you in preparing your subdivision application: Cover letters should be included with all submittals. The cover letter should include the name of the subdivision, tax map number, date, items submitted, and agent's name and phone number where they can be reached. All maps should be folded, with the subdivision name visible on the top. We do not have the room to store rolled maps or the time to fold them. j f The Planning Board reserves the right to request more maps at any tiirie. Federal, state, county, and town laws require us to provide other agencies with maps of all proposed subdivisions..The majority of maps that we request are sent to other agencies. Projects that are large in scope, or are adjacent to federal, state, or county jurisdictions, may require more maps. 'All requirements for roads and drainage can be found in the Town Highway Code. The Town of Southold requires that all subdivisions of over 10 acres be clustered. The Planning Board may also recommend clustering on lots of less than 10 acres. The park and playground requirement for subdivisions is 5 acres for every 100 dwelling units. The Planning Board may require a park and playground fee of$5,000 per vacant lot in place of the land dedication. B YW f c I - Number of pages t % l ] q�F TORREN'S �l i{PI I 1 h: 14 t Certificate e o oA 7 _ ...T+i 13FAUERMHUSUBREEMEY-MM999 . 5 Deed 1.Ntorl age Instrument LXed/%imigage Tax Stamp Recording r Filing Slamps ka :.! FEF+S {. Paler/Filing Fee Mortgage Anil. —.— lbuidling RECORD & RET1URN TO 1.13asiclar TP_58a TOpRRR g{+Ns f, 2.Additional Tax Notation Sub Total FA•52 17(Counh') Sub total SpecdAssh. Or [:A•5217(State) Spec.lAdd. P P.T.S.A. �yi� �� Tur.M ra.'rAX 1 1 Dunl Town purl county e Comm.of i d. ! I leld fur Apponionntent --_--- is Anidivit • �• Transfer'I'ax Certified Copy __ 3S Mansion Tax _•, The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total dwelling only. Other YL S or NO GRAND TOTAL D If NO,sec npproprinic thx clause on tinge 4 of this instrument. is; Real preperly lac%-vicc Agency Verification 6 Community Preservation Fund t Dist. Section 'H lock Lot Considerntion Amount$ S' :'Stamps Lt G U (1 '7S U�1 1 �� QU S Od yI CPP"rax Ctuc Date f•1�i,t' Improved Y' Initials AYE Vacant Land_' y a< Satistac-ons/Discharges1Ralcases I_i.,q property Owners Mailing Address TD rsl RECORD&RETURN TO: 1•D w: 'I'D ° RECORD & RE,L RN TO TOIRA S s Title Company Information Co.Name 'filly H �' Suffolk County Recording & Endorsement page This Mgt:f6mv;Inrt of t}x attached - CERTIFICATE OF TITLE DMS _nutde by: --- (SI'1iClh5"fYPli of INS•IRUMENI' 'lhc premises herein is situated in ' SUFFOLK COUNTY.NEW YOM ,4 S TO In the Imilship of i. In the VILLAGE ? or 11AMLI-T of BOrI S 5 ll iRU 9 h1[.tS1 E3E l_`i"FED OR M 1NfED IN I3LACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) d: 1 Your satisfaetiun of mortgage has.been filed in my office and.1 am enclosing the original eopy for your.records. 1! If a portion of your monthly mortgage,payment included your property taxes,you will now need LqSontact Your local Town'fax Receiverssn itat nu may be billed directly for all futur4 pronerty tax bills. Local property taxes are payable twice a year:on or before January 10"and on or before May 31"..Failure to make payments in a timely fashion could result in a penalty. 1. Please contact your'local Town Tax Receiver with any questions regarding property lax payment. Bab,-Ion To%vn Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise I lighway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (516)957-3004 (516)727-3200 { Brookhaven Town Receiver of Taxes Sheller Island Town Receiver of Taxes 250 Fast Main Street Shelter Island Town Hall Port Jefferson,N.Y.l 1777 Shelter lslan",N.Y. 11964 749-3338 (516)413-0236 (516} t Fast Ilampton Tb�vn 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 I00 Main Street 116 Hampton Row! 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 530^5 Main Road Islip,N.Y. 11751 Southold,N.Y. 11971 (516)224-5580 (516)765-1803 Sincerely, Edward P...Romaine Sutf6Ts County Clerk dw 2199 . r F, .4 , THE .-LAND T1TLE REGTGTRATION LAW C�r- � i -F i e=ate cu-f" "T- i •t 1 e Number: :717,' - First Registered: M,ai"rl! r'' , I Transferred from: 138.:11711 •! a L, Juliet,t•e A. Kinsella, Registrar. of the County of Suffolk; in the State of Mew York, DO HEREEIY .CERTIFY' that _ is _ Cancelled y ��` 2.00 h1r1Rr•' p:,ti:.T_o 3. .lr•�LUEI_!1•J, B4):TF.!?. hip; a,if!:� of REGISTRAR % 10 Well :net,:n 47.1ac-e. Pmi`.vvillh• Nic-. yorL: 117,31 are the owner s of ,an Estate in fee simple in the fol.lowing Land: rZL't'iat certain olct, riecr o,' q,arcrl of land, with .the building's a.nd r-. rr.,rmenr5 Cnerecn erect.=C, situate, iv.iri; and being at Sayview in ttiE Town a of SoutholC, r_ounty'Df Suffolk. State of. New Yor-V, being known and designated as Lots numbered 6e. 69, 70. 7: and the s3utheaster•ly One -half of lot 72 or, a ` certn;n mac entitled, "iad'er Grose Neck" situate at Bayview and filed in the j Suffa!L CDunty Clerp.'s Off)Ct• ar,-Novenb& ?2. 1940 as and by Map No: 1663 and described carrels adjacent thereto when takdn `_oaether being more particularly bounded and desc:ibed as follows: •.9EGINNING at a 'mcnumer' on the northpasterly'side of Main Bayview Road distant 225.1.T fee' ,authCa1,t1;FIV fT•am t:!r. cur•,tTT' `o!mcd by the dnter•se:tion of thv southerly !J!1v of Smith Drive. South and the northeasterl/ side of Main Bayview P.3ad. an-2: .a !RUNNING THENCE Nnrtt: 30 degrees 00 minute- East along lands no or formerly Of s y Ohlman 162.3? test to a moncmmnt: 'HENCE still along lands now or- formerly of Ohlman North 60 degrees.34 mi6ute[1 1 50 seconds W,-st 76.96 feet; THENCE North 70 degrees 49 minutes 1,0 seconds Fast along ]ands now formerly ) I =f S. Stahl J42.96 feet and North 30 degrens 00 minutes East still along said :ands of B. Stahl, and later along lands nc.4 or formerly of Ru4awski 33EI.37 j -t n . fret to an iron pipe and lands now or formerly of O'Neill; � . 'THENCE .South 51 r:egrees. 90 minutes East aicna said lands of O'^deill 210.0 t feet; THENCE North 70 dezirees 1,9 minutes 40 seconds East. 30 feet (*) to the normal hiah water marl! of Goose Creek: - .'-` THENCE soutneasteirly and southwesterly along the normal highwater mark of Goose Creek as it winds and terns approximately 464 feet (i) t.: lands now or fnrmer1v'of Grattan: ' TI.-N`rE south 4? degrees 53 minutes (Jest along lands now or formerly of Cratton 4 360 feet !'_! to lands now or formerly of Green; THENCE along .said lands now or formerly of Green, (1) North 51 degrees 00 minutes West 5E.0 'feet and (2) South 40 degrees 44 minutes 50 secor•ds West 166.14 feet 'a the northeasterly side of Main Bayview; ; dHFNCE Nor"` 51'degre,?s 00 minutes Nest clang the northeasterly side of Main 9ayview Rcac 420:,5 feet to the manumen', the point or place of BEGINNING. SUBJECT. to the estates, easements, encumbrances and charges hereunder noted. 3 WITNESS my hand and official sea] at Riverhead, N.Y., ' this 6th•day of January, I9)8T �u..rir.G REGISTRAR TORRE, N� ..l.a.v ti.ia „4V•H'. . 3.Y M.: 1.4.:«'�Sr' �, 1 MI-1w - a m E M O R 1 1) L S Ctv-e- .I Lan.'_ dF:_.:hed this Certititite of ittle Ilc.' . 57•:I=CT __.--._.'-- `trs•-.. a_, __it. ..._aat..^5 :t 5ru.hrle; N.Y: !e?a ! -:Prer. a;[ :_ .s-f i.fr: i� :.a r:•ad or ayenu9 mmirg thrtgh :r adlGinir,7 f-7C II 1L . ..P 6Ea• tl,' .ate' Y} 'G:.a t H Cra_t:k i5 elu_e, ® ST EE' -. _srtE. 3 FI: s. as -..:i: : . .._. I' ;I ?i?ei'7 !3:915, Art. 1513. i:r1PE= .. -'.e ^:: .. eet ![^ iliGreu:.^.atilt :uret:es t�':[a!?'•, Kt7, ^.tharq, portt:n: o` lot: 37, :°, and :`, 15p of G:c:e 'W.I.,as•._La .:Tr trt• •Ante'_ _,_. C'et_ Gr_. 1 _:A. ' ____ - ------------- . -r� ` -.-. .- ...--_- ------------- _-_ ----------_- ---•._-..-..-._..1•. .__.._- - p tia' K1Ys 2-; ^c = v1�5 v-a',',.. p TEF.tsS OF'8ENrF.i:S 515lIA10kE CF REGISTRAR ".max; =-:5]_i=�i:vY Y--•: " I UN�Er.���s,iJ a1 ?L 1203411 ,200 t:lu .Q Y7 F(,,. ;•. li.l'J(/1J ti[J lS-R T`�JIZT1 d.0 x � -1 REMS gift t I I APrr,lcnNT � TRANSAc,rioNAI, iuscr.osuiiR cow 'The Town of SouL-itold's Code_ of Gtllics prohibits conflicts of interest on the part, of 1,owtl officers and employees. 'Tile pur ose of this form is to provide information which can alert kite town of osslble cotiflicLs of interest and allow it to take whatever action is necessary to avoid same. YOUR NAHE: Mark Baxter _ (t,ast name, first 'name, midci.Le iniLial,' unless YOU are applying .in the dame of someone else or. other entity, such as a coutpatly. If so, .indicate the other person 's or. comp.any 's name. ) NATURE OF APPUICATION: (Check a.11 l:llat apply. ) Tax grievance Variance _ Change of zone Approval of plat Exemption from plat or official map OL-her X (If "Other, " name the activity. ) Minor Subdivision Do you personally (or t:hrougli your c(.impany, spouse, sibling, parent, or child) have a relationnllip with any officer or employee of the Town or Southold7 "Relationship" includes i by blood, marriage, or business nterest_ "nusiness interest" means a .business, includi.nq a partnership, in which tile town officer or emp.l.oyee has even a partial ownership of (or employment by) -a cor.porat-ion in which the town officer or employee owns more than 5%. of the — shares. YES NO X lL you answered "YES," complete the ba.l.ance of this form and date and sign where indicated. Name of person employed by Lhe Town of: Southold Title or position of that person Describe the relationship between yourself (tile 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 spoilse, sibling, parent, or child is (check alls that apply) : A) the owner of greater than 5% of tile shares of Llie corporate stock of .the applicant (when :the-applicant is a corporation) ; 13) the legal or benef: icia.l owner of any Interest in a noncorporate entity (when the applicant is not a corporation) ; C) an officer, director, partner. , dr employee of (:he applicant; or D) the actual applicant. DESCRIPTION OF Rr1,ATT0NSIIII' Su hill l l:l:Pd Lllis _---clay of—_--149_ Siquat.urP i'r I ilt: Mark Baxter PART 1—PROJECT INFORMA" N Y 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 maybe subject to further verification and public review. Provide any add.itional 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 LOCATION OF ACTION(Include Street Address, Municipality and County) BUSINESS TELEPHONE NAME OF APPLICANTISPONSOR ( ) ADDRESS STATE ZIP CODE CITY/PO ri BUSINESS TELEPHONE NAME OF QWNER of different) ( � ADDRESS . STATE: ZIP CODE CITYIPO DESCRIPTION OF ACTION ; Please Complete Each Question=indicate N.A. if not applicable A. Site Description Physical setting of overall project. both developed atnd undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential(suburban) ❑Rural(non-farm ❑Forest ❑Agriculture ❑Other 2. Total acreage-of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION acres acres . Meadow ar Brushland (Non-agricultural) acres acres Forested acres 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) acres Roads, buildings and'other paved surfaces acres acres acres Other (Indicate type 3. What is predominant soil type(s) on'project site? % of site a. Soil drainage: ❑Well drained % of site OModerately well drained _-- OPoorly drained % of site y acres are within soil group 1 through 4 of the N) b. If.any agricultural land is involved, how man Land Classification System? acres. 4. Are there bedrock outcroppings on project, site! OYes ONO a. What is depth to bedrock? (in feet) 2 i Part 2—PI.,JECT IMPACTS AND THEIR M1___IITUDE 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 Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO DYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 El ❑ ❑Yes El 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. ❑ ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑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 ❑No • Construction in a designated floodway. ❑ ❑ El Yes ❑No • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)❑NO DYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 r 1 25. 'Approvals Required: - Submittal Type Date City, Town, Village Board ❑Yes IINo City, Town, Village Planning Board INYes ❑No Minor Subdivision 09/04 City, Town Zoning Board ❑Yes INNo City, County Health Department ®Yes ONO Water Supply & Sewage Disposal 09/04 Other Local Agencies,S'ate"d TrLtSf"S MYes ONO Tidal Wetlands 09/04 Other Regional Agencies ❑Yes IJNo State Agencies IVYSpE'G 9Yes ONO Tidal Wetlands 09`04 Federal Agencies ❑Yes ONO C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? 99Yes ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit Nsubdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? Residential 40 3. What is the maximum potential development of the site if developed-as permitted by the present zoning? 2 Lots 4. What is the proposed zoning of the site? N.A. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? I2Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/a mile radius of proposed action? Land Uses: Residential; Zoning: Residential 40 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? INYes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? 2 a. What is the minimum lot size proposed? 2.5047 Acres 10, Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ONO 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 5OYes ONO a. If yes, is existing capacity sufficient to handle projected demand? ®Yes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? El Yes ®No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO 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 I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Mar Baxter Date 09/08/04 Signature '� Title Owner/Applicant If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 . r 2. How much natural material (i.e., rc-.., earth, etc.) will be removed from the sii 0 tons/cubic yards 3. Will disturbed areas be reclaimed? [RYes ❑No ❑NIA a. If yes, for what intended purpose is the site being reclaimed? Tbofae=llitate the proposed improvements b. Will topsoil be stockpiled for reclamation? I%Yes ❑No C. Will upper subsoil be stockpiled for reclamation? [ Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.5808 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes UN o 6. If single phase project: Anticipated period of construction 19 months, (including demolition). 7. If multi-phased: N.A. 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? ❑Yes ❑No 8. Will blasting occur during construction? ❑Yes ®No, 9. Number of jobs generated: during construction 12 ; after project is complete 0_ 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ®Yes ❑No If yes, explain Metal & Cloth Structure to be removed or relocated 12. Is surface liquid waste disposal involved? Dyes ®No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes ❑No Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes IXNo Explain 15. Is project or any portion of project located in a 100 year flood plain? CRYes ❑No 16. Will the project generate solid waste? IXYes ❑No a. If yes, what is the amount per month 0.66 tons b. If yes, will an existing solid waste facility be used? IXYes ❑No c. If yes, give name Southold Transfer Station location Cutehwup d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? EXYes ❑No e. If Yes, explain Materials removed from the wastestream for re—use and/or reel ing. 17. Will the project involve the disposal of solid waste? Dyes PNo 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? ]Yes ❑No ie. Lawn Care 19. Will project routinely produce odors (more than one hour per day)? ❑Yes QQNo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes LgNo 21. Will project result in an increase in energy use? KIYes ❑No If yes indicate type(s) Fossil Fuels and ELectricity 22. If water supply is from wells, indicate pumping capacity N.A. gallons/minute. 23. Total anticipated water usage per day 600 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes ®No If Yes, explain 4 5. A' proximate percentage of propu�cu project site with slopes: U0-10% 10u % 9J10-15% 0 % 1315% or grea}er 0 % 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 1XNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes IgNo 8. What is the depth of the water table? 0'-4' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Dyes ONO 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 IN No According to Mark Baxter Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes EYNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes LNNo 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: Goose Creek----,,, 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 b. Size (In acres) 17. Is the site served by existing public utilities? K]Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? XJYes ONO' b) If Yes, will improvements be necessary to allow connection? L:Yes ONO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes [XNo 19. Is the site located in or substantially c ntiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 'es� ]No 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 6.7898 acres. b. Project acreage to be developed: 2-4688 acres initially; 2-4688 acres ultimately. c. Project acreage to remain undeveloped 4.3210 acres. d. Length of project, in miles: N•A• (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N.A. %; f. Number of off-street parking spaces existing 2 proposed 4 g. Maximum vehicular trips generated per hour 4 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 2 Ultimately 2 i. Dimensions (in feet) of largest proposed structure 35' height; 70' width-, 100' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 421 ft. 3 { Fni,T 1—PROJECT INFORMATION 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 additional 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 Mark Baxter — Minor Subdivision LOCATION OF ACTION(Include Street Address, Municipality and County) Bayview, T O Southold, Suffolk County East side of Main Bayview Road approx. 325' s/o Smith Drive South NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Mark Baxter ( 631) 765-5196 ADDRESS 5805 Main Bayview Road CITY/Pb STATE ZIP CODE Southold, NY 11971 NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Minor Subdivision — 2 Lots 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) FK]Rural (non-farm) El Forest ❑Agriculture ❑Other 2. Total acreage of project area: 6.7898 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0.6844 acres 0.4908 acres Forested 1.3689 acres 0.9817 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 4.3210 acres 4.3210 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 0.1056 acres 0.2732 acres Other (Indicate type) Lawns & Landscaping 0.3099 acres 0-7231 acres 3. What is predominant soil type(s) on project site? CpA — Carver & plymouth sands, Fd — Filled land areuqeu material a. Soil drainage: ®Well drained 31 % of site IJModerately well drained 5 % of site NPoorly drained 64 % 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? N-A- acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes ®No a. What is depth to bedrock? N_A_ (in feet) 2 14-16-2 (2/91)-7c 617.21 - - SEQR 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 not 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 enough 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 magnitude 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. ❑ 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 1 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 ❑ ❑ ❑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. ❑ ❑ Dyes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑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 September 8, 2004 Attachment to Long Environmental Assessment Form prepared for Mark Baxter at Bayview, Town of Southold, New York D. Informational Details and Water Supply Narrative Request 1. The existing 6.7898 acre site is occupied by one (1) 2,400 sq. ft. single family residence which is served by a 5 gpm water supply well and conventional subsurface sewage disposal system. The minor subdivision will create one 4.2851 acre lot (Lot 1) and one 2.5047 acre lot (Lot 2). The existing single family residence will be situated on Lot 1. The proposed 4,500 sq. ft. single family residence will be situated on Lot 2 and will be served by a water service connection to the existing SCWA water main and a conventional subsurface sewage disposal system. Each residence is expected to consume approximately 300 gallons per day of potable water. 2. The water supply to the existing residence on Lot 1 will be via water service connection to the existing SCWA water main on Main Bayview Road. The water supply to the proposed residence on Lot 2 will be via water service connection to the existing SCWA water main on Main Bayview Road. The location of the nearest public well field is unknown. 3. Public water is available to serve the subject property. A copy of SCWA correspondence dated January 23, 2003 (public water availability letter) is attached, for reference. 4. A subdivision application to the Suffolk County Department of Health Services is pending under H.D. Ref. No.: S10-02-0015. 5. Water conservation measures shall include, but not be limited to, the following: a. Drought tolerant plants shall be used for landscaping. b. Existing native vegetative buffers shall be preserved to the greatest extent possible. C. Approximately 4.3210 acres of tidal wetland will be preserved. yr r �.�L- !kt ( ram•, :r 0Ham. . SUFFOLH COUNTY WATER AUTHORITY 624 Old Riverhead Road,Westhampton Beach, New York 11978-7407 (631)288-1034 Fax(631)288-7937 January 23, 2003 Thomas Wolpert, P.E. Young & Young 400 Ostrander Ave. Riverhead,NY 11901 Re: SCTM# 1000-78-7-5.4 Mark Baxter at Bayview, T/O Southold (02-0266) Dear Mr. Wolpert: Pursuant to your request,the Suffolk County Water Authority has approved your application for public water to the above referenced tax map parcel. Connection to our distribution system will be done in conjunction with the rules and regulations of the Authority and not before all fees have been paid. Please feel free to contact our New Service Department should you require any additional assistance. Sii}oerely, t t J Deiu-iis Reimer Assistant Manager Eastern Regional Office DR:bhr I REFER TO ATTACHMENTS 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 is 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/SponsorN�amle Mark Baxter Date 09/08/04 Signature i 1 V J�L Title der/Applicait 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 1 2 3 IMPACT ON WATER Small to Potential Can Impact Be 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) ONO DYES 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. ❑ ❑ ❑Yes El 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? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑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 ONO 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO OYES 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 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes ❑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 ❑ El ❑Yes El 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 ❑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: ❑ ❑ El Yes ❑No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes El No i i 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change i • Proposed Action may cause substantial erosion. ❑ ❑ El Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No i • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes El 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 ❑ ❑ ❑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 5 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 ❑ ❑ El Yes ❑No development within,existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No I I IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ❑NO ❑YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ El 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: ❑ ❑ El Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO ❑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 ❑ ❑ El 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 ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 1 2 3 Small to Potential Can Impact Be Moderate 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 ❑ ❑ El 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 ❑ ❑ ❑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 ❑ ❑ El Yes El 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 OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ El Yes El 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 DYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ El Yes El No • A major reduction of an open space important to the community. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ ❑Yes El No 9 1'_ J 2 3 IMPACT ON TRANSPORTATION Small to Potential Can Impact Be 14. Will there be'an effect to existing transportation Systems? Moderate Large Mitigated By EINO DYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ El Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ [I Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO DYES 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 ❑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: ❑ ❑ El Yes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ❑NO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school op other sensitive ❑ ❑ El Yes ❑No facility. • Odors will occur routinely(more than one hour per day). ❑ ❑ El 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 ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ONO DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ El 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 El ❑ ❑Yes -]No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes ❑NO within 2,000 feet of a site used for the disposal of solid:or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 MAILING ADDRESS: PLANNING BOARD MEMBERS _ *0 SO��y P.O.Box 1179 JERILYN B.WOODHOUSE h�� OlO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS y� Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON 0 (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �yCoU Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: September 28, 2006 Re: Checks Enclosed herewith are the checks listed below. Please return a receipt to us. Thank you. Project Name & Type Tax Map # Amount Date of Check Mark Baxter Stand. Sub. 78-7-5.3 $7,000. P & P 3/6/06 Shinn Vineyard SP 100-4-3.1 $1,500 app fee 8/10/06 North Fork Foster Sites 96-1-1.5 $2,500. sketch 8/17/06 Std. Sub. Sandy Ground LLChan e 63-4-5.1 $500 app fee 8/29/06 FI Community Center SP 12-1-5.1 $1,000 app fee 5/1/06 Ovlasid Subdiv. 89-3-1.1 $3,250 app fee 9/13/06 Cutchogue/New Suffolk 109-6-2.2 $1,000 app fee 9/14/06 Free Library SP Orlowski Hardware SP 140-3-3.4 $500 app fee 8/25/06 Wexler, Allan & Ellen Sub. 79-8-18.1 $1,750 app. 9/20/06 Oregon/Morrell Subdiv 83-2-11.5 $17,500 P&P 9/28/06 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/03/06 Receipt#: 112 Transaction(s): Reference Subtotal 1 1 Application Fees 78-7-5.3 $500.00 Check#: 112 Total Paid: $500.00 l FHB � Planning ca .r.,<-.� bl+-.xrF� Name: Baxter, Mark D 5805 Main Bayview Rd. Southold, NY 11971 Clerk ID: LINDAC Internal ID:78-7-5.3&4 Town Of Southold v P.O Box1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/17/05 Receipt#: 110 Transaction(s): Reference Subtotal 1 1 Application Fees 78-7-5.3 $1,000.00 Check#: 110 Total Paid: $1,000.00 1� Name: Baxter, Mark D 5805 Main Bayview Rd. Southold, NY 11971 Clerk ID: LINDAC Internal ID:78-7-5.3&.4 e • MAILING ADDRESS: PLANNING BOARD MEMBERS �QF S�uT P.O. Box 1179 JERILYN B..WOODHOUSE O� y�l Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 MARTIN H.SIDOR X% (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Comm Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk OCT 1 7 2005 From: Planning Department S®�fhe ' raeyn Clerk Date: October 17, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# Baxter, Mark Stand. Sub. 78-7-5.3 & 5.4 $1,000.00 110 prelim. plat ap I. fee enc(s). Town Of Southold P.O Box1179 Southold, NY 11971 J� * * * RECEIPT * * * Date: 02/18/05 Receipt#: 109 Transaction(s): Reference Subtotal 1 1 Application Fees 78-7-5.3 $250.00 Check#: 109 Total Paid: $250.00 177-:7. -- F E B 1 8 2005 Name: Baxter, Mark D 5805 Main Bayview Rd. Southold, NY 11971 Clerk ID: LINDAC Internal ID:78-7-5.3&4 l MAIIdNG ADDRESS: LAT_WING BOARD MEMBERS ��O OGy P.O.Box 1179 JERILYN B.WOODHOUSE C Southold,NY 11971 Chair y OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS 54375 State Route 25 KENNETH L.EDWARDS '� (cor.Main Rd. &Youngs Ave.) .MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone:631 765-1938 Fag: 631 765-313C PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM v RECEIVED To: Elizabeth Neville, Town Clerk FEB 17 2005 From: Planning Department Date: February 16, 2005 Southold Town Clerk Re: Check(s) Enclosed erewith is/are the check(s) listed be w. Ple se return a receipt to us. Thank ybu. Project Name Project SCTM # Amount Check Type # Mark Baxter Standard 78-7-5.3 & $250.00 109 Subdivision Sub. 5.4 Supple.Appl. Fee MT/ck enc(s). Town Of Southold . P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/14/05 Receipt#: 107 Transaction(s): Reference Subtotal 1 1 Application Fees 78-7-5.3 $1,500.00 Check#: 107 Total Paid: $1,500.00 --<, FI,, fl 7 FEB 1 5 2005 Name: Baxter, Mark D 5805 Main Bayview Rd. Southold, NY 11971 Clerk ID: LINDAC Internal ID:78-7-5.3&5.4 F SV MAILING ADDRESS: PLANNING BOARD MEMBERS ��0 �ljy P.O. Box 1179 JERILYN B.WOODHOUSE C Southold,NY 11971 Chair v, OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS y?f�! ��0� 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk FEB 14 2005 From: Planning Department Southold Town Clerk Date: February 11, 2005 Re: Checks ' Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank ou. Project Name Project Type SCTM # Amount Check# Mark Baxter Subdivision Standard Sub. 78-7-5.3 & 5.4 $1,500.00 107 Appl. Fee r enc(s). � l I L �' t NOV 14 7No, F. Judith A.Pascaie' `v, % TIFICATE OF ABANDONMENT P P IT TOr sS NI.STON 3 OF SECTION 335 OF REAL PROPERTY LAW THE STATE OF NEW YORK w"MARK BAXTER AND, JACQUELINE--BARTER, residing at 5605 Main Bayview.Road, Southold, NY 11971, for the purpose of abandoning and canceling the subdivision of a certain tract of land, owned by us and hereafter described, pursuant to Subdivision 3 of Section 335 of the: Real Property Law of the State of New York, do hereby certify: 1. That a certain map was filed which subdivided such tract of land and other land situate in the Town of Southold County of Suffolk and State of New York, being the Subdivision "Map of Goose Neck" filed in the Office of the Suffolk County Clerk on November 28, 1948 as Map No. 1663. 2. That more than two (2) years have elapsed since the filing of said map. 3. That the tract of land owned by the undersigned is situate in the Town of Southold, County of Suffolk, State of New York, and is known and described in Schedule "A" annexed hereto and made a part hereof. 4 . The area to be abandoned is greater than one-half (1/2) acre in size. 5. Said Mark Baxter and Jacqueline Baxter, the owners of the tract of land described in Schedule "A" herein, comprising a portion of the aforesaid subdivision, DOES HEREBY ABANDON AND CANCEL said subdivision lot as shown on said subdivision map entitled "Map of Goose Creek", and effective with the due approval and recording hereof shall no longer exist. 6. Endorsed hereon is the approval of the Assessor of the Town of Southold. 1.5 9 5'# ABS. No, . FILED NOV l 20 06 7. Submitted herewith is an abstract of title: in the Property described in Schedule "A" to 'be abandoned, covering a period bf at least twenty (20) years past a report of a tax search by Commonwealth Land Title Insurance Company to the effect that there are no unpaid taxes or tax liens against said lands, to be approved by the. Clerk of Suffolk County at the time of recording. In witness whereof, this Certificate is made and executed the day of November, 2006. Mark Baxter eline bax er STATE OF NEW YORK COUNTY OF SUFFOLK Ss: On the 13 day of November, in the year 2006 before ,me, the undersigned, personally appeared MARK BAXTER & JACQUELINE BAXTER, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in. their capacity, . and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individual acted, executed the instr ent. W Na ary yublic LYNDA M BOHN NOTARY PUBLIC,State of New York No. 011306020932,Suffolk County Term Expires March 8,20-d�?- I; the undersigned, the Assessor of the Town of Southold, County of Suffolk, State of New York, do hereby approve and consent to the foregoing Certificate of Abandonment. Dated: Ivjb,,�\aav , . 2006 STATE OF NEW YORK COUNTY OF SUFFOLK ss: On the 1� , day of d� in the ear 2006 before me, the undersigned, personally appearedR6kaPr-t --�- SC. , -Sr , personally known to me or proved to me on' the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument; the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public Claire L. Glew Notary Public, State of New York No. 01 GL4879505 Qualified in Suffolk Count Commission Expires Dec. 8, 99�ji Title No: RHO6306510 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, in the Town of Southold, County of Suffolk and State of New York, being know and designated as and by Lots 68, 69, 70, 71 and the southeasterly Hall of Lot No. 72 as shown on a certain map entitled, "Map of Goose Neck", filed in the Office of the Clerk of the County of Suffolk on 11/22/48 as Map No. 1663. Certificate of Abandonment Page 2 of 5 0 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead,NY 11901 Mailing Address: Tel:(631)369-8200 PO Box 1547 Fax:(631)369-9080 Riverhead,NY 11901 e-mail: charles.cuddy(a)verizon.net September 11, 2006 Southold Town Planning Board P.O. Box 1179 Southold,NY 11971 Re: Mark Baxter Minor Subdivision- SCTM#1000-78-07-5.3 and 5.4 Dear Board Members: In response to the concerns of the neighboring owners,we are enclosing a statement from Young& Young setti gag forth their basis for concluding that the subdivision will have a minimum impact on the surrounding area. We ask that this be made a part of the record. Very truly yours, a"V__r" Charles R. Cuddy CRC:ik Enclosures - g."la.•::uw,1+.L`rRSKw.-._acw;dctnnt�;;ky�„,�yaF+w'et:.r -)'•:-- . E V I'`1'l^emu E I •M' = SEP 1 2 2006 Soutk)ld Tf-4S(1 Plann;ra I—CE1 re YOUNG &YOUNG Telephone 631-72�0. ' 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead, New York 11901 admin@youngengineering.com HOWARD W YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST,Architect RONALD E. PFUHL, Landscape Architect DOUGLAS E.AD"S, Professional Engineer HAND DELIVERED September 11, 2006 nWf:r'Fa^sr .• -. —a e.. n.an„tv:2t Icy +kr v.r—. Charles R. Cuddy, Esq. 445 Griffing Avenue .r P.O. Box 1547 V'I(�1, ` L'I E 7ti•aa .r Riverhead, New York 11901 v'I I RE: Minor Subdivision SEP 1 2 2006 MARK BAXTER At Bayview, T/O Southold, New York soutk,old Town (02-0266) Planning ward t Dear Mr. Cuddy: ..M�n.`';:�._.....�:t:,...... m:� :, Pursuant to your request for an analysis of the potential impacts of this project on neighboring properties, we offer to following comments. One lot includes the applicant home, the second lot, now vacant, is to be improved with a residence. Concerns have been raised as to placing fill on the second lot. The amount of the fill required for construction of the driveway, residence and sanitary facilities is approximately 450 yards. This fill is to be utilized for grading purposes and will be a depth of one foot (1') along the driveway and, will have a depth of four feet (4') at the septic system. Fill in the area of the sanitary system will permit it to be constructed at a higher elevation than the surrounding systems. In contrast to the neighboring septic systems, this will minimize possible disruption of the system if the lot is flooded during a storm. Fill along the driveway will be minimal, will not act as a barrier preventing run of from neighboring lands, nor will it channel water to neighboring properties. The fill will not have an effect on the rise of the sea level due to storm related coastal flooding. Planning Engineering Land Surveying Architecture Page 2 September 11, 2006 The home on the second lot will likely be constructed on pilings. Location of the home, as proposed, will not have an adverse impact on neighboring homes except as it may impact the view of Goose Creek. In summary, the proposed subdivision will not increase flood damage on adjoining properties, the proposed home will have a sanitary system constructed to minimize flood damage and the development of this one additional lot will not result in an alteration which will increase potential flood damage. The wetlands have been delineated and the site has been inspected and reinspected by the Town Trustees and the New York State Department of Environmental Conservation. The landward limit of the tidal wetlands is appropriately reflected on the subdivision map. The landward clearing, grading and ground disturbance will not have a negative effect upon adjoining properties. We suggest that the proposed subdivision meets the Town's requirements and has been approved by the Town, County and State reviewing agencies. Under the circumstances we do not know of any adverse impact of the subdivision. If you have any additional questions regarding this matter, please contact us. Very truly yours, Douglas Adams, P.E. DA/sjt cc: Mr. Mark Baxter 07/17/20@6 11:13 601.3699030 PAGE 01/03 CHARL]ES R. CUDDY Attorney at Law 443 Griffmg Avenue Riverhead,Ne-w York 11901 Tel#631-369-6200 :_- Pax#6"1-369-908�0 TO Mark Terry,Ptwining DepartmentFax-A-. 765.31.3 Zp06 54 TELECOPIER COVER SHEET' i � 1 f:jL Mik,R, Total.number of pages including cover sheet: - Ql{ if tTarsmissian is faulty or incomplete,please inform us as s���1��� Operator: bvena Date; July 17,2006 Comer enti: Ret Mark Baxter-Baywiew,Southold Dear[4ir.Terry; Attached is a letter from W:d ,ter J.FIilbert.Also,attached is a letter;From the Town,Trustees re: "decrease the need;For fill." I'm greatly concerned about the coxntinuing efforts to impose the additional requirements based on determinations in which neither the applicant nor his representatives participate. Charles R.Cuddy This fax transmission tog4her with materials following are intended for the person or persons reamed herean and are considered conf dential it formation. If you ha*ve received this transmission in¢rror,you are directed to return these materials immediately'by regular mail to the sender at the above address- Postage ittcurredfor the rerurn will be paid by this firm. 07/17/2006 11:13 6313699080 PAGE 02/03 UNTY OF SUFFOLK STt"LIVY DMMMIM Of MATH SWAM July 11,2006 ` Jerilyn S_Woodhouse t PIMAius Board fir p6 PA Box 1179 S1dm NY 11971 R,e: Mark Baxter Subdivision Dear Ms,Woodhouse; I am wratie' in once to your letter in w �citi yam request that the kTea� h �r� re- g rag P evaluate this prat. As you are svv&% cbe Oice of Wssmwdcr manaa=ent greed apprmvaa for this subdivioWn on isnuwy 27, 2006. This sppmval was Smiled basest upo tht following condWws; Town S-EQF,A was moeaved for the project,NYS=wedods prnth was ismued fvr the prcie and$ eavmMt to raise the grade of the site to wmm modste W Sstutaty System was placed up=the property. It i g new detlltC to our aa"that iht tcrvvtt T0,01 not allow the use of On to raise the grade at this site. Stan'has gaolen to a rapreWtativt Of thO tDWD and is P"CI ly sw3hitt8 TM ttn *MfiM&6= Of this FAct. otm WAv4 the cwdhions under wbich the approval was tad w111 be imposmWe to mW and the k h Reps rtmert N40=1 wW be wVeuded until such time*at the tagturments of the SaalIM COO Vo met. I hope tba this inftnation tans LIM of uft to you. If-you h%Y9 auy quMiws,please feel tree to cartesct me at$52-5700, very tiny YgN1t.P5;, a ., �i'alter J,Filbert.P,E. cwef Office of Wmewater Mmagerneut a DIVSIaN Q�aNVL� fv'$TA4 pUA;fT'r t?'F7CF.4F WA�TflNR1 R NIhNAbkMl3lt 804 YAtMMtdlf i1Y�MtJB,EU f 2C a YAPHANK NY 11IN Fn_r�(B31)Q8S.G7pp Cac�21)0�&1�s 07/17/2006 11:13 6313699060 PAGE UJ/03 d8mms P", President ®�1� ijOr Town Hall 53095 Route 25 ,7111 Pd. Doherty,Nrke-Prosider..t "� d P.0,Box 11,19 PeFg r A.DickeVSOX) Southold,New York 11971-09$$ Dave Bergen .'J'etephane(831)765-1892 +� + FAX 1831 j 765.6641 BOARD.OF TOWN TRUSTEES TOWN OF SOUTHOLD P.pl it 17.2006 MEMO To:kithony,Ctezza, Senior Planner From: Board of Tru-Stees 1R.e: Mark Baxter Subdivisiola 1.000-78-7-5.3.5.4 TJ.w Board of.Trustees has iylspected the above referenced parcel toverify the wetlandsdelineation.They found that the wetlands are correctly identified on the survey. There are coracerns about the acca�sianal flooding that oociirs and.th locatio1i of Pluagmites an. dredge spoil, The Beard asks that you consider the following recam-111ealdations: 1, NO dist?arb.A.nce of the Phragrnites in.order to keep a.largo buffer area to tjae wetlands. 2. Placement of the house on pi•li.ngs in.order to d.ecreasc the need for{i11,uhicb would impact the adjoining properties. 3. No turf in the areas that flood. 4. Containm,ent of all drainage hi a French drain systc:n:f an}r till s:s pia.ced ac sitE. please contact this office�vi.th.=y fu.rtli.er questions. J I�- COUNTY OF SUFFOLK .� STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L.HARPER,M.D.,M.P.H. COMMISSIONER July 11, 2006u Jerilyn B. Woodhouse `"" . ..- Planning Board Chair ., P.O.Box 1179 Southold,NY 11971 V Re: Mark Baxter Subdivision -- f S10-02-0015 I Scwtn ;�.aoY�� oiFnnln ��� Dear Ms. Woodhouse: I am writing in response to your letter in which you reiff"that the Health Department re- evaluate this project. As you are aware, the Office of Wastewater Management granted approval for this subdivision on January 27, 2006. This approval was granted based upon the following conditions: Town SEQRA was received for the project, NYSDEC wetlands permit was issued for the project, and a covenant to raise the grade of the site to accommodate the sanitary system was placed upon the property. It is now come to our attention that the town will not allow the use of fill to raise the grade at this site. Staff has spoken to a representative of the town and is presently awaiting written confirmation of this fact. Once received, the conditions under which the approval was granted will be impossible to meet and the Health Department approval will be suspended until such time that the requirements of the Sanitary Code are met. I hope that this information has been of use to you. If you have any questions, please feel free to contact me at 852-5700. Very truly yours, Walter J. Hilber, Chief Office of Wastewater Management ♦DIVISION OF ENVIRONMENTAL QUALITY♦OFFICE OF WASTEWATER MANAGEMENT 300 YAPHANK AVENUE,SUITE 2C YAPHANK NY 11980 PHONE(631)8525700 FAX(531)852-5755 MAILING ADDRESS: Sa PLANNING BOARD MEMBER P.O. Box 1179 JERILYN B.WOODHOUSE O��OF So�ryol Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Oly Southold,NY �4UNTY,N Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 2006 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark Baxter Located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 10, 2006: WHEREAS, this proposal is to subdivide a 6.7898-acre parcel into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres; be it therefore RESOLVED, that the Public Hearing for this application is hereby closed. The next regularly scheduled Planning Board Meeting will be held on August 14, 2006 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Town Board of Trustees 07/10/2006 14:54 63136930BO PAGE 01/01 7u CHARLES R.CUDDY Attorney at Law 445 Griffing Avenue Riverhead,NY 11901 Mailing Address: Tel;(631)369-8200 PO Box 4547 Fax:(631)369-9080 Riverhead,NY 11901 e-mail; eharles.cuddrnQverizon.net July 10,2006 E C E W E 1174 FACSIX[rX,-(631) 765�3136 Mark Terry Southold Town Planning Department J U L 1 1 2006 P.O.Box 1179 Southold,NY 11971 Southold Town • Boa Re: Minor Subdivision-SCTMW1000-78-07-5-3 and 5.4 Planni2j rd Dear Mr.Terry: I have become aware of a further attempt by those opposing the Mark Baxter 2-lot subdivision to derail that subdivision by meeting with the Town Trustees, In turn, the Trustees asked that the Planning Board contacted the NYS DEC,since the Trustees are without ftuther jurisdiction. This matter has gone on for month., after month, after month. The opponents are effectively appealing rulings without actually appealing them., since the time to do so has past. The Planning Board has an obligation to proceed wit,this application and should not be deterred by an effort, which in the past five months,:has produced 110 SIgM Leant additional informaton.The application, which has been reviewed by the Trustees,the NYS DEC,and the Health Depwinent, should now be approved. Very truly yours, CliarIcs R.Cuddy CRC,ik EnGlv3urcs James F.King,President �OF soar Town Hall S�- Jill M. Doherty,Vice-President ��� y�lO 53095 Route 25 P.O. Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen G '� • �� Telephone(631)765-1892 John Holzapfel �O�yeoufm Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 26, 2006 ° MEMO To: Planning Department J U N 2 6 2006 From: Board of Trustees a Re: Baxter Subdivision - - SCTM#78-7-5.3, 5.4 f The Board of Trustees requests that the Planning Department ask the NYSDEC to flag any wetlands on the north part of the Baxter property and the Warner property, where the Phragmites is growing behind the berm from Goose Creek. The Board met with some of the neighbors at the work session of their public hearing last Wednesday June 21. The neighbors expressed concerns about flooding, depth to groundwater, and a breach in that berm that also brings tidal waters into that area. The NYSDEC is able to check soil types in addition to vegetation. The Board would like this request to come from the Planning Department as the Baxter subdivision is not before the Trustees at this time. Thank you very much for your assistance. Please contact us with any further questions. )Apo" Cz �. MAILING ADDRESS: PLANNING BOARD MEMBEriN P.O. Box 1179 JERILYN B.WOODHOUSE V\qf S y� Southold, NY 11971 Chair OFFICE.LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR cn �r 54375 State Route 25 GEORGE D.SOLOMON �p� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND � ..�` Southold,NY �4UNTY,�1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 2006 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark Baxter Located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 12, 2006: BE IT RESOLVED that the Southold Town Planning Board hereby holds open the public hearing for the Baxter Subdivision. The next regularly scheduled Planning Board Meeting will be held on July 10, 2006 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Town Board of Trustees MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �O_``��F SO Southold,Southold,NY 11971 Chair mil`' O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND NV ` Southold,NY �4U ,� Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 2006 Walter Hilbert, P.E. Suffolk County Department of Health Services 360 Yaphank Avenue Yaphank, NY 11980 Re: Standard Subdivision of Mark Baxter SCTM#1000-78-7-5.3 & 5.4 Dear Mr. Hilbert: The Planning Board is currently reviewing an application for a two lot subdivision involving the above-referenced properties. This proposal has received the necessary approvals and/or permits from the NYSDEC (permit# 1-4738/03072/00001) and the Suffolk County Department of Health Services (reference#S10-02-0015). The Planning Board held the final pubic hearing on this application on February 13, 2006, which remains open at this time. At that hearing, it was brought to the Board's attention that the new lot being created by this subdivision is prone to significant flooding (see attached pictures). In consideration of the evidence submitted, the Planning Board decided to hold the public hearing open and allow for additional time to investigate the matter further. To that end, we have asked each of the regulatory agencies for which permits and/or approvals have been issued, to re-examine their respective applications. In the case of the Health Department, the Planning Board would like for your office to re-evaluate the approval issued on January 27, 2006. If you have any questions or need additional information, please feel free to contact this office. Sincerely, Jerilyn B. Woodhouse Planning Board Chair Enc. 05/26/'2006 15'22 6313699090 PAGE 01101 (; AF ,LF ,s R.GUDDY Attorney at L&W 445 Griffing Avenue Riverhead,New York 11901 Tel#631-369-8200 Fax*631-369-9080 G' •r TO', Planning DePaxtMent andol h Attu:Linda� � Fa%c#: 765-3136 TE]W,COMER COVER SHEET 4LtAV•S".?iRYf.5d'''ittV3.`.is6W�'� Total Dumber of pages including cover sbeet: 1 Tf transmission is faulty or incomplete,please inform us as soon as possible. Date: may 26:ZOQ�6 Operator: Iwona Coroxnents: Ite: Markk Baxter-Bayview,Southold Of the Mijutes form the Plarminag Board's meetings o Would you please prepare a cop 1 Os 2006 pertaining Mark aaxtex minor subdivisi011. February 13,March 13,and Ap. . Please advise when they are available to be picked up. Thank you. Chaxles R. Cuddy This faxtrnr►sstlssionto etl:erwitlonraterialsfollowing are inten.dedfordeep¢rsonorpersens named herwn and are coMsidered con,dentist in formation. If you have received tlr$s transmission in error,you are directed toll these mrttdri s inrntediately by ragularmuil to thesender nt the above address. Postage i.ncwrredfa* the return will be paid by th fr m 1 1`� MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE w`*OF SO(/ryO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR vs 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Oly Southold, NY COUNTY, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 9, 2006 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark.Baxter Located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, May 8, 2006: BE IT RESOLVED that the Southold Town Planning Board hereby holds open the public hearing for the Baxter Subdivision. The next regularly scheduled Planning Board Meeting will be held on June 12, 2006 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Town Board of Trustees , James F. King,President ��OF SO Town Hall Jill M. Doherty,Vice-President �O yl0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen Telephone(631)765-1892 IyCOU ,� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLDAil �fM April 17, 2006 MEMO ] To: Anthony Trezza, Senior Planner 4 PR 2 4 2006 From: Board of Trustees T:, Southold „nn ; �~��' Piann�ng Board Re: Mark Baxter Subdivision ;� # 1000-78-7-5.3,5.4 .. �: t The Board of Trustees has inspected the above referenced parcel to verify the wetlands delineation. They found that the wetlands are correctly identified on the survey. There are concerns about the occasional flooding that occurs and the location of Phragmites on dredge spoil. The Board asks that you consider the following recommendations: 1. No disturbance of the Phragmites in order to keep a large buffer area to the wetlands. 2. Placement of the house on pilings in order to decrease the need for fill,which- would impact the adjoining properties. 3. No turf in the areas that flood. 4. Containment of all drainage in a French drain system if any fill is placed on site. Please contact this office with any further questions. MAILING ADDRESS: •� PLANNING BOARD MEMBEi;� ' P.O. Box 1179 JERILYN B.WOODHOUSE ��OF SO(/r Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR cn 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Oly Southold, NY 00UNT1,� Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD . April 11, 2006 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark Baxter Located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, April 10, 2006: BE IT RESOLVED that the Southold Town Planning Board hereby holds open the public hearing for the Baxter Subdivision. The next regularly scheduled Planning Board Meeting will be held on May 8, 2006 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Town Board of Trustees T`' 1MEY, LATHAM, SHEA, KEL', V, DUBIN, REALE & QUARTARARO, LLP Attorneys at Law THOMAS A.TWOMEY,JR. Malling Address Location OF COUNSEL STEPHEN S.LATHAM Post Office BOX 9398 33 West Second Street KENNETH P.LAVALLE JOHN F.SHEA, III Riverhead Riverhead JOAN C. HATFIELD A CHRISTOPHER D.KELLEY New York 1 1 901-9398 New York 11901-9398 DAVID M.DUBINO LAURA I.SGUAZZINA P.EDWARD REALE BRYAN C.VAN COTT JAY P.OUARTARAROt Telephone:631.727.2180 CYRUS G.DOLCE,JR.O- PETER M.MOTT Facsimile:631.727.1767 ALICIA S.O'CONNORA JANICE L.SNEAD LISA A.AZZATO+ JANE DIGIACOMO KATHRYN DALLI PHILIP D.NYKAMP www.suffolklaw.com DANIEL G.WANIt MARTIN D. FINNEGAN13 THOMAS GIBBONS ANNE MARIE GOODALE 1L. A0lY,. 't ddubin@suffolklaw.com ' ""' ter miro .,��[ .ur NY 6 LA BAR£}�Q ,Inst ygF. s NYNY .NJ, Apri17, 2006 �pC, � k+ VIA FACSIMILE and FIRST CLASS MAIL ; pPR 1 2 2006 Jeralyn Woodhouse, Chairperson _ _--- Southold Town Planning Board Southold Town Hall 53095 Main Road � ''"`""�`'` Southold, NY 11971 y«,�.F .. ....._ •, . Re: Subdivision Application of Mark Baxter Premises: 5805 Main Bayview Road, Southold,New York Dear Chairperson Woodhouse and Members of the Board: This firm has very recently been retained by Ms. Paula Ohlmann and Emily and Paul Carosotto who reside on Main Bayview Road adjacent to the proposed subdivision of Mark Baxter. Our clients would like to retain an environmental consultant to determine the location of the wetlands in this area. We therefore respectfully request that the record in this matter be kept open for an additional thirty days to allow our clients to submit their consultant's report. Thank you for your courtesies. Very truly yours, D M.Dubin DMD/ms cc: Anthony Trezza "Kieran Corcoran, Esq. 20 MAIN STREET 51 HILL STREET 105 MAIN STREET 400 TOWNLINE ROAD 56340 MAIN ROAD,P.O.BOX 325 EAST HAMPTON,NY 11937 SOUTHAMPTON,NY 11968 PORT JEFFERSON STA.,NY 11776 HAUPPAUGE,NY 11788 SOUTHOLD, NY 11971 631.324.1200 631.287.0090 631.928.4400 631.265.1414 631.765.2300 04/07/2046 14: 11 F,'A G3172 2335 TWOMEYLP.THAMSHEA&KELLEY Ia002/002 "1CWvd►m EY, LATHAM, SHEA, KELLEY, DUBIN, REALE & QUARTA12AR0, r,1.p ^ Attnru,eys at Law THOMAS A.TWONIeY,JR. M.Ilinp Addrocs Location OF COUNVE6 STEPHEN 0,LATHAM POS[Office Box 9398 33 WGS1 Second Street KENNETH R,LAVALLE JOHN F.SNEA,It] Riverhead RlvorhCoa JdAN C.HATCIELD A CHRIBTOPHER D.KELLEY New York 11901-9399 Naw York 11901.9398 NA DAVID M.DUSIN^• RYAN I.VAN C9GUA YIT: BRYAN C.VAN COTT• R ECWARD REALE JAY P.OVAHTARAnot T..I�rs6ce,o:631.727.2180 GYROS G.DOLGE,Jp.�- PETER M.MOTT Frcnl,,ihp 531.727.1 767 ALICIA&01CONNORa UGA A.A22AT01- JANItE L.SNEA] H ATHf3YN DgLLI JANE 13 16IACOMC PHI LIP O.NYKAMP WU/u1.4UfTOlklew.cam 9.WANIt MARTIN 0.FINNGGAYo TH¢MAYOMAe.'1 C,:IRRONR ANNE MARIE GOOOALE 1,� LL.M.IN tH1lAlICJN I ddUbin 13��,I,ffolklt7�S'.CC11T1 - LLhI.I CGTATC rtFNNINU O r}/� NY,NJ i PA'OAn'J 0 A ril 7,200 r Nv i NJ➢%qA 1] NY,O0, ct:'B 1 i n''1 i£ .ti VGA FACSIMILE and IDn 1 FIRST CLASS MAIL { APR 1 0 2006 feral n Woodhouse, Chairperson Southold Town Planning Board Southold Town giall Southold Town Planning Board . 53095 Main Road Southold, NY 11971 Re, Subdivision Application of Mark Baxter PIen►i5es; 5805 Main Bay-view Road,Southold,New York Dear Chairperson Woodhouse and Members of the Board; This firm has very recently been retained by Ms. Paula Ohlmann and Emily and Paul Carosotto who reside on Main Bayview Road adjacent to the proposed subdivision of Mark Baxter, Our clients would like to retain an environmental consultant to determine the location of the wetlands in this area. We therefore respectfully request that the record in this matter be kept open for an additional thirty days to allow our clients to submit their consultant's report. Thank you for your courtesies. Very truly yours, D M.Dubin DMD/ms cc. Anthony Trezza Kieran Corcoran, Esq. 220 MAIN STREET 51 HILL STREET 106 MAIN STREET 400 TOWNLINE ROAD M40 MAIN ROA4,P,O,GOX 325 FAST HAMPTON,NY 11937 SOUTHAMPTON.NY 11968 PORT JEFFERSON STA.,NY 11776 HAUPPAUGE,NY 11788 SOUTHOLO,NY 11971 631.324.1200 C31.207.0000 831.928.4400 651.2ft.14 14 831,7195,2300 04/07/2006 14: 13 Fi,A 8317272305 TWOMEYLATHAMSHEA&KELLEI1 [�jQg1!4�2 TWOMEY, LATHAM, SHEA, KELLEY, DUBIIV, REALE & QUARTARARO, LLF ATTORNEYS AT LAW JJ II LVi VJ.J..•VLI.J ViiWLJi nk v nnn$nL,ii'SB�bV''i''v18..Yi i 1�v'a Tel: (631727-2180 Fim (631)727-2385 FAX COVER SHEET TO: Jeralyn Woodhouse, Chairperson FROM-, David M.Dubin,Esq. TRANSMISSION DATE: April 7,2006 SUBJECT: Subdivision Application of Mark Baxter MESSAGE' See attached TOTAL PAGES. 2,including the cover page e _ (Q1) 727-2180, EXT. 229, "PHIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTI-M DOCTRIN'E. IF YQU ARE NOT THE INTENDED RECIPIENT,YOU ARE HE?.EBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR THE TAKING f�LEw ; Y,Q d'Tqtti1[h TiFT,J F'LLJTLLF 4'1(IJT:F'): SdF.TFL'+S� F�3 6�!' N.� � b NOTIFY US BY TELEPHONE TO ARRANGE FOR ITS REi'LIRN. Y MAILING ADDRESS: PLANNING BOARD MEMBEI._._ P.O. Box 1179 JERILYN B.WOODHOUSE tiO��OF SO(/TyOI Southold, NY 11971 Chair V� O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N 54375 State Route 25 GEORGE D.SOLOMON �OQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Oly I"AUNTY Southold, NY ,� Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Heather Cusack,Environmental Analyst Town of Southold Board of Trustees From: Anthony Trezza, Senior Planner Date: March 15, 2006 Re: Wetlands Verification 1000-78-7-5.3 & 5.4 Please verify the wetlands delineation as shown on the attached survey for the above- referenced property. Because this is a pending subdivision application for which the public hearing has not yet been closed, your timely response is greatly appreciated. If you have any questions or need additional information,please feel free to contact this office. u .. 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Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Oly ,��\ ��UNTY, Southold, NY � Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March14, 2006 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark Baxter Located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, March 13, 2006: BE IT RESOLVED that the Southold Town Planning Board hereby holds open the public hearing for the Baxter Subdivision. The next regularly scheduled Planning Board Meeting will be held on Apri110, 2006 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, 9 Jerilyn B. Woodhouse Chairperson cc: Town of Southold Board of Trustees MICHELE C. HAMILTON ........................................................................................................................................... 200 Smith Drive South Southold,New York 11971 (631)765-9391 claire9092@optonline.net March 10,2006 Southold Town Planning Board P.O.Box 1179 Southold,New York 11971 To Whom It May Concern: I am writing to voice my concerns in regard to the Banter subdivision.My concerns were addressed at the February 13,2006 public meeting.The pictures and testimonies that were provided by the neighbors surrounding the Baxter property spoke volumes.Having only been made aware of this subdivision on February 10 h we have been in contact with the Department of Environmental Control and are in the process of further investigation.I request that you deny approval or postpone your decision until we are provided with proof that our properties will not be devalued or compromised in any way due to this project and that in fact the tidal wet lands have not been compromised by Mr.Baxter's actions thus far and in the event that this project is approved.I do not think this is an unreasonable request to grant at this time as we only recently became aware of this subdivision. Sincerely, f`� i MAR 10 2006 ' March 7, 2006 To: Southold Town Planning Board PO Box 1179 Town Hall, 53095 State Rd. 25 Southold,NY 11971 Dear Members of the Planning Board, We are writing to request that you continue to keep the proposed subdivision of SCTM# 1000-78-7-5.3&5.4 by Mark Baxter open to the public. We are currently in contact with and have or soon will be submitting information and letters to the DEC, Suffolk County Waste Water Management,Peconic Estuary and The Nature Conservancy. Enclosed is a copy of a letter submitted to the DEC. Thank you for your time and consideration in this matter. Sincerely yours, rp•:��'y�'fl�uuc AY.yF.. MAR \tH2yo-y�iP3tA L t. March 7,2006 To: Department of Environmental Conservation Loop Road Building 40 Stony Brook,New York 11790-2396 To whom it may concern, We the undersigned are strongly opposed to the proposed subdivision of SCTM# 1000-78-7-5.3 & 5.4 by Mark Baxter. Our opposition is based on the following reasons and concerns. • The.area in question(Lot 2)is frequently flooded during storm weather and has been flooded at least twice during the last six months. These floods occurred in November 2005 and February 12, 2006. Flooding on Lot 2 in the area of the proposed house and sanitary system was between 1-3 feet deep during these storms. • We are concerned that the proposed sanitary system will leak into the ground water-of-the wetlands and that the system will be.incompatile with.public health and welfare. We also propose that there is not a minimum of two feet of soil required between the bottom of the sanitary system and the seasonal high ground water level. In addition,the area of the proposed house and sanitary system abut(to the north) land owned by Joel W. Warner Jr. and this land consists of phragmites and other vegetation,where the land is often water soaked even during dry weather, and is less than 50' from the proposed sanitary system. Therefore,we submit that the proposed sanitary system does not meet the required 100' setback. • We are gravely concerned that any grading and/or elevation of the land on the proposed site will have an adverse impact on local flood,hurricane and storm.control and will subject neighboring,properties to additional flooding to these properties. Furthermore we are concerned that grading and/or elevation will subject the neighboring properties to standing water on these properties due to a lack of drainage. • We propose that storm water runoff will not be able to be contained on the property secondary to flooding and the close proximity of the wetlands. • We propose that the test hoile dug for this subdivision which shows sand and loam to a depth of one foot and grey"clay"from one to five feet constitutes a wetland(hydric)-soil. • We are also concerned as to whether Mr. Baxter had the correct permit to "mow"the phragmites on this land down to ground level subsequently destroying the phragmites and other vegetation.on the proposed site. • We are also concerned that considering that Goose Creek is labeled a critical environmental area, a negative declaration SEQRA should not have been issued without an Environmental Impact Assessment. • We propose that the area in question constitutes a Class 1 wetland secondary to the fact that a substantially developed area may be subject to significant additional flooding should the area be modified. • We propose that this area constitutes a critical environmental area which may contain endangered and/or threatened plant and animal species. We request that the DEC carefully review our concerns in opposing this subdivision and we request that the permit for this subdivision be reviewed and revoked. Thank you for your time and consideration in this matter. Sincerely yours, ADDRS V tee J A a&�CA S. 0I -PJ�J L' I /r�.�-K.c Chi oLDO �I��i��� �d© J 3rl�l-f'�. 1�►��v'e �vl�l�rv�. U w� l Q� � te X�f Y / / �y sM���✓ 012 s'- �So�,-1��JJ J4ti n - � 96 Minn 9cO " cl "soo-IM4, NY �n 2906 To: Southold Town Planning Board 0 U PO Box 1179 Town Hall, 53095 State Rte. 25 Southold,NY 11971 MAR - ° 2006 Dear Members of the Planning Board, Southold Town i CPlannin' Board . ,R We the undersigned are strongly opposed to�tprposeubd�vt5cn £ iA 1000-78-7-5.3 &5.4 by Mark Baxter. Our opposkWzUg� sed-on the following reasons and concerns. • The area in question(Lot 2)is frequently flooded during storm weather and has been flooded at least twice during the last six months. These floods occurred in November 2005 and February 12, 2006. Flooding on Lot 2 in the area of the proposed house and sanitary system was between 1-3 feet deep during these storms. (Please refer to pictures submitted from February 12, 2006 to verify.) • We are concerned that the proposed sanitary system will leak into the ground water of the wetlands. The area of the proposed house and sanitary system abut(to the north) land owned by Joel W. Warner Jr. and this land consists of phragmites where the land is often water soaked even during dry weather. (Please refer to submitted photo number 14 taken at mid-tide on 2/8/06 showing water soaked ground approximately 20 feet from-the proposed house and sanitary system.) • We are gravely concerned that any grading and/or elevation of the land on the proposed site will subject neighboring properties to additional flooding to these properties. Furthermore we are concerned that grading and/or elevation will subject the neighboring.properties to standing.water on these properties due to a lack of drainage. • We propose that storm water runoff will not be able to be contained on the property secondary to flooding and the close proximity of the wetlands. • We propose that the test hole dug for this subdivision which shows sand and loam to a depth of one foot and grey"clay"from one to five feet constitutes a wetland (hydric)soil. • We are also concerned as to whether Mr. Baxter had the correct permit to "mow"the phragmites on this land down to ground level. • We are also concerned that considering that Goose Creek is labeled a critical environmental area, a negative declaration SEQRA should not have been -issued,without an Environmental Impact Assessment. • We propose that the area in question constitutes a Class 1 wetland secondary to the fact that a substantially developed area may be subject to significant additional flooding should the area be modified. • We propose that this area constitutes a critical environmental area which may contain endangered and/or threatened plant and animal species. We request that the Planning Board carefully reviews the Tidal Wetland-Land Use Regulations set forth in 6 NYCRR Part 661 and the Tidal Wetlands Act and we call for the planning board to consider our concerns in opposing this subdivision. Thank you for your time and consideration in this matter. Sincerely yours, NAME ADDRESS AcLe-c --tz-�k -C,L, 6M'j*h V- SO - WVqd d Affi �11� ylrr �,. g ���Y�� '��U( a 2� Ste, r��- I��C rv.�� �� �✓,;���, �T,lC)L4 N y s gas not-,", CZ Mci n &Aj V't W 5(30 l/�10a q 6arvl�j Kd Sc"fth � l�� 11 77/ r� ,� S/30 �`7��N �b,4Yf�iEG✓ 1�D, SoU���� � q4 M� March 1,2006 Dear Planning Board Members, In regards to Mr. Mark Baxter's application for a subdivision and single family dwelling on Main Bayview Rd in Southold, We would like to tell you that we are opposed to this. Being a resident of Smith Dr South,our backyard loops right into,the proposed subdivision. This area is clearly wetlands, cat tails are growing in this area. We have also seen piping plover at the waters edge in the summer time.Another concern of ours is the fact that whenever we have a bad storm this area floods. Last fall the water was all the way up to Smith Dr and Main Bayview. We had to`have our basements pumped out. I'am positive Mr.Banter had water up to his home.It makes us wonder why Mr.Baxter would want to build a.Home-in an area that continually floods. I do relieve that in 1989 when Mr.Baxter built his current home, he originally wanted to build his home further back near the-water,but because of the set back line at the time he was required to build closer to the road. How can a wetlands line change? I know that over the past few years.Mr. Baxter has had dump trucks dumping fill in his back yard, that might explain how his soil samples showed sandy loan on top of the grey spoils from the dredgimg of goose creek- Did he have a permit to dump on wetlands property? Clearly Mr, Baader has changed his property for his benefit. Even if Mr.Baxter established a 50ft buffer around this property,that would greatly affect:the surrounding Properties because as YOU can we from the pictures that we Wbinitted the water from storms has no where to go. If a house is built on this proposed lot, the ground elevation would need to be raised in order to properly putt in a septic system,, in return the surrounding properties would flood evert ri)ore trail they do now, because,dje storit► water would run towards our homes.instead of sitting in the meadow where this home would be built. We have two children with.Cystic Fibrosis, and if our basement startss to continually flood because of the home being built,I?arn afraid that my children would become seriously ill. We are asking,that you please reconsider do not give Baxter permission to subdivide and build a ho a 9- is pro you for your time. E C Sincerely, _ �. MAR ° 2006 # `• Southold 1ov41, PtafnniQ Board :. Erik and .Ia et Auer ' ' '6s�7Nn•'_...._::-�'f n.n'.."kxm61sYl"YSmiu.eW �' 50 Smith Dr South Southold,ICY 11971 765-65412 cc:"Trustees AT Submission Without a Cover Letter /C Sender: �(/Z�� OP �J YI.n Subject: � X liL �(iL3 laJTOs SCTM#: .1000 - Date: ( Cj Comments: /4,f . �• Qll t t .f mow—,vr—a ��.• Ri�RFiIFlP��. ,,ti,.. i j