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1000-72.-2-2.1
10 916 #FILE, No. vONG t5�N0 50°NO SHEET 1 OF 2 14 8 3 1 ABS. No. MINOR SUBDIVISION �" :W. N,P FILED MAR 12 2003 FOR PROPERTY e 1 �� OR .. BAXTER, SOUND ESTATES FILED SITUATED AT MAR 12 2003 CUTCHOGUEOil �RKOFSUFFa CNI TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK KEY AIAP S . C . TAX LOT No . 1000 - 72 - 02 - 2 . 1 SCALE 1 "=600' SCALE 1 "= 100' SEPTEMBER 9, 1999 DECEMBER 1 , 1999 ADDED DRIVEWAY RELOCATION & EXISTING WELL & CESSPOOL LOCATION AUGUST 14, 2000 ADDED PROPOSED WELL & CESSPOOL DECEMBER 20, 2000 REVISED LOTS AUGUST 10, 2001 REVISED AS PER SOUTHOLD TOWN PLANNING BOARD LETTER JANUARY 20, 2002 ADDED L.I.P.A. EASEMENT FEBRUARY 24, 2002 ADDED TEST WELLS MARCH 25, 2002 REVISED `ITURN AROUND" T� T PLANS APRIL 10, 2002PRIL REVISED2PPROP.EWELLD &OSEPTIICT LOCATIONS TYPICAL ON LOT 2 1 YPI AL PLOT PLATV NOVEMBER 19, 2002 ADDED COVENANTS AND RESTRICTIONS NOTE (NOT TO SCALE) PROPERTY LINE �a 5' 50% EXPANSION MIN. POOL of SEPTIC tl DUND ,�/,P -5.15 dJ TANK c+�14D •N N y SE��PNS _ 5 5 OZ Pa KI FIN11 -: 535'.-A6r ' �'-_'.--•�_ i WELL -------------- ` " \ o' — o / \ POA RUAU -------------- tin we � A .8,y' %/ �e '$• � R © ` TYPICAL STORMWATER UNIT ------ ----- WITH SHALLOW DOME `'t \�*4q• >•n \\ (NOT TO SCALE) \ £ y• '\_V M1A, ay, °RmiKRFcioc0 FlG NWse TYPE se ^ a FlN6 °E °acEINGOn°. i4 OF 4 t o°uE o.A�•O i `6. ,0 d h f In \n i Fq•9SPA z � �A \ , y{ !/A' - 1-1/0' STONE ABLAED LEACHING RINGS NL1"�. O \ P, RESPONDED PRECAST CONL 4000 PSI 0 2e MRS PP Sf p15SP c4 P,c '\ ZONING �E pl`2R '\ \ \ AdUlhO WAIEN NOTE: \•\ DRAINAGE SYSTEM CALCULATIONS LONG ISLAND POWER AUTHORITY EASEMENT SHOWN THUS: ® \\ ALL TOPS & COVERS TO BE TRAFFIC BEARING METES & BOUNDS DESCRIPTION AS FOLLOWS: \\ V = ARC 1 5 51'44'30" W 10.14' A = TRIBUTARY AREA IN SQUARE FEET 'o \ R = 2' RAINFALL = 0.17 Ft. O2 N 47'49'00" W 1,148.36' $" \\ C = COEFFICIENT OF RUNDFF = 1 B 03 N 51'44'30" E 160.79' y>,ow°"A DRAINAGE AREA FOR DRAINAGE STRUCTURES 1.3 &. 4 °+euyk„ PAVEMENT AREA = 3,200 If ®N 47'06'40" W 10.12' \' '+a 3,2Dp of x 0.17 x 1 = 544 of O5 N 51'44'30" E 10.12' v \ sea/x2.24 = 13 V rsq'd 8 S 47'06'40" E 10.12'O \\ PROVIDE\ 10 N 51'44'30" E 20.00' (1) 8'-0" DIA. % 13'-5" DEEP DRAINAGE POOLS + DOME .'s \ QRAINAGE AREA FOR DRAINAGE STRUCTURE 2 O7 ze. \ .ao 2 •A-� PAVEMENT AREA = 5,200 of O8 S 47'06'40" E 10.12' 5,200 of X 017 x 1 = 864 of O9 S 51'44'30" W 180.65' 41? O \\ r 884/42.24 = 21 vif req'd �S 47'49'00" E 1,136.22 \\, PROVIDE W-0" CIA, X 10'-6" DEEP DRAINAGE POOLS + DOME DRAINAGE AREA FOR DRAINAGE STRUCTURE 5 I hereby certify that the water supply(s) and/or sewage disposal system(s) for this project \. PAVEMENT AREA = 6,400 of were designed by me or under my direction Based upon a careful and thorough study of \ the eoll, s'te and ground water conditions, all Iota, as^..posed, conform to the Suffolk County a , 0� 6,400 sf X 017 X v = 1,OBB of Department of Health Services construction standards effect as of this dote. ,FP6 1,088/42 24 = 26 If req d :t \ PROVIDE; '\ (2) 8'-0" CIA. % 13'-6" DEEP DRAINAGE POOLS + DOME \\ '\ O' PROPOSED SIORMWAIER REACHING POOL WITH INIET CRATE \ \ \ \ \ \ a \ A. \ 0 2w, \\ 4 Ile TYPICAL SEWAGE DISPOSAL SYSTEM P� . HolaneI Nc (NOT TO SCALE) CONCRETE C0.£R ay 4 d GOA Man' o/ri NOR Is za• mla. q � m rata � o ry ,E ` �,e STONE BLEND ROADWAY R, soft me i E ♦'sow vs (NOT TO SCALE) RIGHT OF WAY E 20' 0" p e'-0• Y00 WL SEPTIC iANx - onr°Ecmeo At. 5 2•_G• a'_G" B,_G•• 2_G•• L POOL O LTt 16'-0' ROAD SECTION !' min O M VARIES Y' CROWN (typo) VARIES PRECan CONL q" e'-o• TOPSOIL '14 3 4 05TONE BLENpRING COURSE TO BE CLEARED � � FINE GRADE RAKED AND SEEDED ( I^ andi WATEP 9O TILL M11EPa RR eE e' OINIM°M PFNEIPAPON r O. sw0 rxo aw.w0 to O n xRcm SIPI ..L EX COMPACTED RASE COURSE T' F YNO AVO OMKL � FA EXISTING BANK RUN OR OTHER SUITABLE MATERIAL �Fp ND Tin'L� <. I HEREBY CERTIFY THAT THIS MAP WAS MADE BY FROM ACTUAL SURVEYS COMPLETED SEPTEMBER 9, AND THAT ALL CONCRETE MONUMENTS SHOWN THUSHEREON ACTUALLY EXIST AND THEIR POSITIONS ARE _ CORRECTLY SHOWN AND ALL DIMENSIONAL TOTAL AREA = 202,695.22 sq. f1. AND GEODETIC DETAILS ARE CORRECT (TO TIE LINE) 4.653 cc. TEST HOLE DATA TEST HOLE TAKEN FROM OLD SURVEY BUILDING ZONE DISTRICT: R-80 °' THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION A—C OF APPROVAL DATED FIRE DISTRICT: CUTCHOGUE skko n °RAVEL BY OWNER AND APPLICANT: CHAIRMAN PLANNING BOARD WILLIAM J. BAXTER JR. & JANE BAXTER GOELLER NASSAU POINT ROAD CUTCHOGUE, N.Y. 11935 1te" THIS I SUBDIVISION WILL APPEAR IN \ \ \ DISTRICT 1000 SECTION 72 BLOCK 02 APPf;OVED IN ACCO,^,DANCE WITH BOARD OF \\\\\\ snN.". _ / \\ \ \ \ DENSE cxnYiL THE EXISTENCE OF RIGHT OF WAYS RCVIL.7 U'i'E.1 C'.illf.ii0P1 DATED tQ [ 00 \ \ \ \\ n, AND/OREXISTENCE EASEMENTS OF RECORD, IFS ��OVENAIJ75RESTRICTIONS ANY, NOT SHOWN ARE NOT GUARANTEED. SUBJECT TO Cli LIBER ' � D NOTES.' PAGE 7!(r 1 . CONTOURS ARE REFERENCED TO FIVE EASTERN TOWNS TOPOGRAPHICAL MAP 2. THE FOLLOWING COVENANTS AND RESTRICTIONS HAVE BEEN FILED AT THE _ OFFICE OF THE CLERK OF SUFFOLK COUNTY: /OF N! (V' SUFFOLK COUNTY DEPARTMENT of HEALTH SERVICES — COVENANTS AND RESTRICTIONS RECORDED 3/8/91 IN LIBER 11229 PAGE 248 Y\°`I HAUPPAUGE, NY — COVENANTS AND RESTRICTIONS RECORDED 11/1/02 IN LIBER 12150 PAGE 716 /�P FQ GFZ0,9 — COVENANTS AND RESTRICTIONS RECORDED 10/10/02 IN LIBER 12214 PAGE 376 ED >F APk 1 9 — UNDERGROUND ELECTRIC EASEMENT (LIPA) RECORDED 11/15/02 IN LIBER 12220 PAGE 318 r o Dine sFOCANd — ----- -- - N.Y.S. Pi No. 49668 This Is t0 certify Hot he pr.paeed Realty Subd, lKao or Development JAN 13 2009 _ +I,, far r '� IO the with a total of Q lot w pproved an the bove date. Water Supplies and Ski Olsposal _ Fa0Iitim mut conform to construction standards In effect t the time of construction and are subject to separate permits pursuant to those Joseph A. Ingegno standards This Oppr.vOl shall be valid only If the realty subdlvlsi.0/ _ -"� •1 - - D development map Is duly s filed with the County Clerk within one year DA1D / �� U Land Surveyor of this dote Consent hereby given for the filing of this Clerk an D which this endorsement p l re IN the Office of the County Clerk e colk County with Me pp o Pl.ns of Me Public Health Low and the u.p Suffolk C.unly SOnit.ry Code EWO 17 2n Title Surveys — Subdivisions — Site Plans — Construction Layout Southold Town PHONE (631)727-2090 Fox (531)727-1727 1(//y����-1 r, A`1 (/�\) /0 -17 Planning Board OFFICES LOCATED AT MAILING ADDRESS Lto ^.•1e NR-k-mi PSL. 1380 ROANOKE AVENUE P.O. Box 1931 v ■ l w,N-"�, Director, "ll"' of Envlmnmentol Qu-11" /a10 , I RIVERHEAD, New York 11901 Riverhead, Now York 11901-0985 98-6824 — �N 71.52'27" E LONG ISLAND SOUND X4.62' 105— -- TIE UNE ALONG wcH N 70'59'58" E --- ---_-_—_ -____O _______ ----_----_ WATER MARK 129.24' 15_____ _ —_______ _ 20---'L— — -- ----------------------- ----------- — --------------_— —_---TIE LINE AL HICH WATER MARK_ 25___�_ _____________ _ _eP ____5 30 _____________ _____________ -n*-_________y — _____________ __ __ _ _ _ s --10 Fpo 35--'w.— --- ------- —r------- ------ _ _ -- ______BOTTOM OF SLOPE --- —� _ —z ____ __ n ___ 50---------- ------------------ ___________ ---- ____ 55 _____ ___ —o,__—___—_ _ — __— _ - __350 __________ ______ _ __ -- 60______ ____ ________ ___________ _________ _ --___ --3 5 65_______ ___________________ ------------ — ____ _____ _ ________ — __50 _______________ _______55 COASTAL EROSION HAZARD LINE TAKEN FROM - y ___ _ COASTAL EROSION HAZARD AREA MAP _ PHOTO Na 58-549-83 SHEET 5 OF 49 - 65 1� I TOP OF SLOPE OCKADE FENCE TA ro N ry O qU1+ b0 vy x \ \ w @7 1 xcy+ 9 � y \� �G1 r PROPOSED \ CESSPOOL O 6S C �O C) `� O ,� Ol o rn °yo yoo O. 0- coo 1�.1'21�,3U8DU3 „ OWPY E \ON •44 6 5 365o. 5T64S, 10 V 35155 0j „ W s 6. 9 g0pDog LOT a m. ORP 62' °`yo 5 51'44 30, W F N R0 E \ Seo F2\N` boy N 0 F ftlGCl ZONING USE ° \ JOSEPH A DISTRICT: R-80 ZONING USE DISTRICT: A-C \ oo' 6 c^ \ SHEET 2 OF 2 MINOR SUBDIVISION \' 6� FOR 0 2 \ oRP\N N6 5 \ BAXTER SOUND ESTATES S oRM R\M E \ SITUATED AT CUTCHOGUE \ TOWN OF SOUTHOLD \ SUFFOLK COUNTY, NEW YORK \ S.C. TAX LOT No. 1000-72-02- 2. 1 \ SCALE 1 "=50' g \ SEPTEMBER 9, 1999 \ DECEMBER 1. 1999DD D14R1IVEW YAODED RELOCATION & XI LING�WCESSPOCESSPOOL LOCATION \ DECEMBER 20, 2000 REVISED LOTS '\ AUGUST 10, 2001 REVISED AS PER SOUTHOLD TOWN PLANNING BOARD LETTER JANUARY 20, 2002 ADDED L.I.P.A EASEMENT '\ FEBRUARY 24, 2002 ADDED TEST WELLS MARCH 25, 2002 REVISED"TURN AROUND" \ APRIL 4, 2002 REVISED LOT PLOT PLANS APRILOVEMBER 2002 19,R2002 REVISED COVENANTS AND REPROP. WELL & SEPTIC STRICTIONS NS ON LOT 2 TIONS NOTE N slow R\M \ e \ dd a \ Np 6A 5 S�oRM R\RNP�� \\ ro 175 171, N NOTE: \ LONG ISLAND POWER AUTHORITY EASEMENT SHOWN THUS: \ 9 METES & BOUNDS DESCRIPTION AS FOLLOWS: \ 1O S 51 '44'30" W 10. 14' O2 N 47'49'00" W 1 , 148.36' 65 \ O3 N 51°44'30" E 160.79' Pj \ ® N 47'06'40" W 10. 12' NE N6� x * N 51 '44'30" E 10. 12' © S 47'06'40" E 10. 12' \ 07 N 51'44'30" E 20.00' \ ® S 47'06'40" E 10. 12' 6 \ O9 S 51 '44'30" W 180.65' \ 0S 47°49'00" E 1 , 138.22 \ 5 \ Soots \o \ p � 6CBdG 916 #FILE. Noe \`\ Km , 10 D 14 8 31 #ABS. No. �\ Southold Town Planning FILEBoard �p�m� FILED OR 12 2003 v . Q < FILEDOP, v "E v yo _ MAR 12 2003 sur. - 510E OF BRIDGE 3:rsp M a p EDWARD.ROMAINE n pppt @lEW OF SUFFOLK COUNTY FpONO 10A. Joseph A. Ingegno `° S 5�"gg30" W d Land Surveyor y ZD.Za 6�kG0� ORE r Title Surveys — Suhdmisione — Site Plans — Construction Layout ✓� PHONE (631)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1380 ROANOKE AVENUE P 0. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 9 f ' I ANNING sBOARDIv1EivlsExs gUFFDLI(�� Cp 79 BENNETT ORLOWSKI,JR. ,`�� Gy ll,P.O. tate Chairman t Town Hall, 53095 State Route 25 y Z Southold,New York 11971-0959 RICHARD CAGGIANO Telephone(631) 765-1938 Y WILLIAM J.CREMERS � •' ®�� Fax(631) 765-3136 KENNETH L.EDWARDB. �0� y� � " MARTIN SIDOR. �S E 9 r PLANNING BOARD OFFICE TOWN OF SOUTHOLD 9 }V January 14, 2003 Abigail Wickham, Esq. + 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 i; Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, January 13, 2003, i, adopted the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots.on 4.65 acres in the R-80 Zoning District where Lot 1 equals 3.24 acres and tot 2 equals 1.41 acres; and E WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on August 13, 2002; and WHEREAS, the applicant has posted a performance guarantee in the form of a certified check, number 67466750 in the amount of$60,425.00, to satisfy the bond estimate; and WHEREAS, the Planning Board accepted the certified check on November 4, 2002 and the Town Board on November 7, 2002; and WHEREAS, the applicant has submitted an Administration Fee in the amount of i $3,625.00 to the Planning Board Office; and WHEREAS, the applicant has submitted a Park and Playground Fee in the amount of $10,000 to the Planning Board Office; and l Baxter Sound Estates — Page Two — 1/14103 WHEREAS, the applicanthassubmittedthe covenant and restrictions filed on Liber 12214, Page 376 with the Office of the Suffolk County Clerk to the Planning Board' Office; and WHEREAS, the applicant has submitted a letter of non-jurisdiction from the Department of Environmental Conservation; dated November 6, 2002, to the Planning Board Office; and WHEREAS, all conditions of conditional final approval have been met; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated November 19, 2002, as revised, and authorize the Chairman to endorse the final surveys. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps,which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, ' i ett Orlowski, Jr. Chairman cc: Patricia Moore, Esq. Catherine Mesiano, Expeditor Building Department Tax Assessors 1 ,I r 2 `k a 0 111111l1l11111111111Hill 11111111111111111111111111111 1l111N1!!!l111l11!!1l111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENA;NTIRESTRICTIO Recorded: 10/10/2002 Number of Pages: 6 At: 04 :41:02 PM LIBER: D00012214 PAGE• 376 j District: Section: Block: Lot: 1000 072 . 00 02.00 002.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 . 00 NO Handling $5 . 00 NO COE $5 .00 NO NYS SURCHG $15 .00 NO TP-584 $0.00 NO Notation $0 .00 NO Cert.Copies $4 .00 NO RPT $30 .00 NO SCTM $0. 00 NO Fees Paid $77. 00 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 'Mp' A 2 3i Number of pages _ 1C TP Ro a4ne ORRENS LtI;E<: 11, i� JLC 5F.li:1[,I Serial# L E5i}001,x'2'4 Certificate 9- Prior Ctf.# Deed/Mortgage InstrumentDeed/Mortgage Tax Stamp Recording/Filing Stamps FEES Pagel Filing Fee )_ Mortgage Amt. T Handling 1.Basic Tax _ TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assit. Or EA-5217(State) _ Spec./Add. — R.P.T.S.A. � TOT.MTG.TAX _ Dual Town Dual County Comm. of Ed. 5 00 Held for Apportionment Affidavit Transfer Tax Certified Cop _ �✓� Mansion Tax _ The property covered by this mortgage is or Reg. Copy ��j`� will be improved by a one or two family Sub Total _— dwelling only. Other 1f ` r] YES or GRAND TOTAL f if NO,see appropriate taxx clause on page# of this instrument. 5 Roc Real Property Tax Service Agency Verification 6 Gomrnunity Preservation Fund °JsurForx ` Dist. Section Slock Lot Consideration Amount $ COUN - St, nF 1000 072.00 02.00 002.001 CPF Tax Due $ DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made thc�0 day of& 2002,by William J. Baxter, Jr. and Jane Baxter Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart,Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue,Town of Southold;County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and WHEREAS,the,Declarant has made application to the Planning Board of the Town of Southoid for approval of a two lot minor subdivision known as"Minor Subdivision for Baxter Sound Estates",as prepared by Joseph Ingegno,Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed;does hereby make known, admit,publish, covenant and agree that the premises described in Schedule "A"annexed hereto shall hereafter be subject to the.following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs;executors, legal representatives,distributees,successors and assigns,to wit. 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2(the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1,and then easterly, as set forth in deeds of record. The common driveway for Lots I and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense; one-half of such expense to be attributable to each lot, subject to any rights of contribution from the Gallagher property. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications,in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation ofbluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Planprepared by Samuels and Steelman dated July 17,2002,or as otherwise amended by the Planning Board if requested by the owner of the Lot,and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction onthe lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the " Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism_ 8. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner c a y of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WFIEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. UWilliam J.Baxter,Jr , c.x_yN � ane Baxter Goeller Zv f r 0 STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: / On the 5O day of in the year 2002,before me,the undersigned, a Notary Public in and for said S ate,personally appeared William J. Baxter,Jr.,personally known to me or proved to me on the basis of satisfactory evidencethat he executed the same in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted,executed the i7&1- t,A WlgQiARi Notaty No X82-6 2of Note 887 York Qu~In Suffolk STATE OF CALIFORNIA, COUNTY OF ftow Apt. On the day of 0Cf0b in the year 2002,before me,the undersigned,personally appeared JANE BAXTER GOELLER,personally kaw m to PAS or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, that by her signature on the instrument,the individual,:or the person upon behalf of which the individual acted, executed the instrument, and� tha/t such individual made such appearance before the undersigned in the City of �� a &4 - County of J-aql�� a,40—'-0, State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) i KATHLEEN MOMS i I ComE1 bgon#1220460 [[ Notal Pubric-CaMonflu Santa Barbara County W CoaM5 pFes#kV21.2MMM i AON Q SCHEDULE A nsscazMON or PRMExTY All that certain plot piece or parcel of land, situate, lying and being in the Town of OUTHOLD, at CUTCHOGUE, County of Suffolk and State of New York, being bounded and described as follows: 8EOINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00feet more or less westerly from the northeasterly end' of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 vmmrtes 30 seconds west, 20,29 feet to a monument and lands now or fojmerly of Swratocha; FI I I N( E along said lands north 47 degrees 49. minutes 0 seconds-West, �7�5 43 feet#01he= H er ne Long•Island.Sa nd; TT ENCS'along the high water 1 e,of-EDmg.3shad otrttrT'finr �7l legrees'' 2 minutes ' 7 seconds east, 224. 21 3NCE sour 7., green 06 minute, 40 seconds cast, 557.15 feet; 17 ENGE noxth 1.4Vees 44aaninxltes 30 seconds. casti, 710.96 jeet: •I•:N f;NCE north 47 deg.vo s 06 mins 40,9 ',oltds west, 5 )l.f`li Ioetsto the high NN•ater l iate of the I..ong Wand Sounda 'l1� -N M Tong tl Ssi t wa} r lfne ti the Longi ltiland :Sound, north 70 clevrees 59 minute& 58 ieconds east, 1 .24 f t TEWWNCB� long lana~ now •cit- l'01,11 cr:ly of Sinichigk, south 477 d� 06' utm4D s onds east, 5(11.30 degrees 23 minutes 30 s nds west, 1 t ept ICE so dtz 1 cix ,¢ccti 32 nai•rliil;cs,(�0 scerrncls %%est 16:83 feetfl 1 Fi> 10E soA S1 _ est 4* minpes• 0 s�uauds NNJLtit 3-203',i 1t .t; 77•Iliti('Li soutTr47dce49m nishT18 li��,t,tc o tlu: iurrtll�rly suis ,til (:)rcgon•Road;theLpait' brMplaceofM,{ I (f �l. l;l•Il,lt. N'fl 1(II .A N';1) y.1;li.11",CT to a rig # of I way, atl l' e s xfkterly 20 feet of liraiiiii'scs arid,oa:cr• `;leg" od premises to Oiegon load, sai ' d rdy 6mig bo=ded and rlcticrihcd.a� IiilPows; I;I ;It ivlNx; al a- point on the northerly side of Oregon Road said paint being distant 1 Na), I'd aw-less westedv from the northeasterly end ofl3r)dge Lauq THENCE,from san t#lani:rt c 11>� iiuring rlong the not-dierly side of Oregon Road, south 51 dogrees 44 minutes 30,1s�i nrdo west,, lo028 leet, to a monument and lands no* or formery of Swiatocha; 711 ( 1 . ,0iiont, swill lands, north 47 degrees 49 minutes 00 seconds xvest� 1148.32 feet; THE •i; nortA 51 degree, 44 minutes 30 seconds east. 180: 5 feet; TMMNQE south 47 dr c� tY 7rttnittics 4t') seconds east, 20.24 feet to the northerly side of lands now or formerly 01 I �x<c a'; l 111 NN(3: Palon!o sai(flands, the following two courses and,distatoes: 1) south 51 dd'iAi&4'4 I�,ntmJlcs 10 seconds Nvest, 170.38 feet; 2) south 47 fees 49 minutes 00 seconds east, 14281'):8 Icct to 111c, noriliedysideofOregonRoad,thepoint'orplaceo BEGINl*IING. 112298' fi DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this (Sf day of 4'CM-Z Ai 1993, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in, fee simple of a certain parcel of land situate-at Cutchogue, Torn of Southold, County of Suffolk and State of New York, and i designated, on the Suffolk County Tax Map as District 1000, Section 072, Block 2, Lot 2.1, being the premisesdescribed in deed recorded in the Suffolk County Clerk's office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds District description of which is shown on Schedule A attached hereto 1000 and made a part hereof, hereinafter referred to as the r 'Section 72.00 "premises" . lock WHEREAS, the Declarant intends to subdivide said 2.00 premises for residential purposes and desires to subject of 02.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of AR 8 9991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, j NOW, THEREFORE, the declarant does hereby declare that I the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set i forth. 1. No lot shall be subdivided or its lot lines I ' v changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing i and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable 1 _ ; 950 structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. I • . 5. Within 50 feet of the top edge of the bluff J there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stornwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed I or dead material and obnoxious plant species. Such clearing and grading shall be subject to i review by the Town Planning Board to insure - proper maintenance and preservation of the. natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of I the Town of Southold after a public hearing. ' 112 ;25 Adjoining property owners shall be entitled to notice of such public hearing, but their - consent to such modification shall not be 1 •f required. IN WITNESS WHEREOF, the Declarant has hereby executed - this Declaration of Covenants and Restrictions the day and year first above written. BAXER P OP TIES INC. 1 _ G BY: TE OF NEW YORK Ss.: my of Suffolk EDWARD P. ROMAINE,.Clerk of the County of Suffolk and Clerk of theSupremeCourtoftheState of New York in and for said County(said Pourt being aCourtofRecord)DOHEREBY CERTIFY that have compared the annexed copy e- tl r� c-...l,�atc1- £,1 9'7 t`o f/9/f"7 .� O once/i 91"n hat t tt is a just and true copy of such originaland of the whole thereof. IN TESTIMONY WHEREOF,Ihave hereunto set myhand'andaffixed the seal ofsaid County and Court this ;- day of '-v� , 19 1 . . . . . . . . . . . . . . . . . . . . . ..;f. . . . .. . .. Clerk.. ,r "NO. 1.04- 12-109s.AZ89os. i .11229MC252 SCHEDULE A ALL that certain plot,, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and, State of New York, more particularly bounded and dascribed as follows: BEGINNING at a point at a monument set in the northerly line. 04: orea4on , (North)° 'Poad, which point is intersected by the` eaerly 1iAe, of land now or formerly of John, F. w,i to s nn ac theme iwortu 4 ` degrees: 49 minutes 00 �etx z dst Yee a c Said iioant ned land a distance of - 383 4r8 . t to 'tomFU nargwatar mark of Bond Island Saa rd; rufin$ g enr a bn a course fitrth 71 degrees 49 ` minutes 40 seconds East reasuring 224.88 feat, along-thei czdiraasy vhighwater r:.ark of L:ond Island Sound, to land nok," ar formerly-of Michael ,.Gallagher; running thence .,nth ? de?rres,'o6 :minutes'40 seconds East, along t'a VARA a nFntl6neNd Iarid., a distance 1bf. .609 .'79 feet; ruxfr"" #enpe t+ort { r c s •30 seconds F.as'r, � h 5,�+{ •a'eg_�ee., 4ti ,�{�rute., �• ,�'��ing sa a4 �as_' menti3oned land, a distance of 7Q,� 6 un ing t'ror; a Nltyr�fi 47+ degrees 06 -ninutes 4.0• seco.h ti:;`11 iddAgipari-0•?i<ast r{:eHtio-'n d land; a .di,s'cance t to o1r8,Uh9rj ;hk1ahwater •tark. of i.cr{cj Island Sound; *u*ami* tl:�'nce on 4 us1 forth 7'i il�g_ees 41 minutes Ez$st rJasuri �g 130Via' albrg thea prdi�nary higt ,Rater to 1, A3 ''now. or T{or •, 0'.. p �t'esx�y,tThiak; running th ;ice South? 4 t de3rees +•, Pchte 4It seconds s:t Cdr lcong said lases ,tee;tifaned is r• a:.' ar�c ';of"95 y ,. r, . o t { 2 �,eet to a ipoin,.•„ h..n ;i ,.�•+ hent? & l .. 11 ;a c3 1, ., ?3 °�Li• Nute� 3!C ,. r ec nds Wes ad 'allConq said a din` }� �and •�a ' sti Ee bf: l3 ,65 m9e.` �,;a ro�rt; ru,, VP en�e�$Sati' h p ec�'r 2 wn, L rn 1 " �� VP sy d rhes 9 ri sec ra;s We=t. d ,. iun a 3' irds `a ❑i ° �gct of t �?'in o n t;,erc , a M ` FT" •a { t �]ag .}y"Oil �n :pyo '''�'eS � v „� e� s 'n t r dIL3 "Anc�' of 2 r ,rr. rfi `x ee , L •�6 t135 feers thence IrY2 �"e • ' d,egrb'-'si9 r' irutes East{: a r , e-re Y i1rC ,. C. + olf �r br+ �d ' r ►, dec�t.�e"res ' 4.1 m';,�Yte! .:3p stcy a n his et o• a.2!8 feet• 'to bye {o in 9 BAXTERS2 i O- Cal, ON AQ ."..J�'r�.'�,. ws. 1" _ IN S yI= l ` - (_ - MINOR SUBDI'`✓ISION (NO ROAD) s 'oMF 00 '� oK Application reviewed at work session OK Ip qPplicint advised of necessar- revisions k t R 'L g o Revisedsub mission received � 4 Sketch plan approval ' D -with conditions 0 C-s Lead Agencty Coordination Es L Gi SEORA determination 44istA=-f- lie � s���l v�l:� PQ' s Sent to Fire Commissioner No r Receipt of firewell location Notification to applicant to include on final map -77—g 7AMIJ ox I Sent to County Planning CommissionS� Receipt of County Report Review of SCPC report 7 3 ®� �- " Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received. fiW �0-II -0`L Receipt of mylars and paper prints with Health approval - Final Public Hearing -711161-2— it Approval of subdivision is -with conditions - ndOrSC�eni vfS:ii`udtJiSivii .� �I 1 v. -OZ-2 (2)87) 7c 617.21 SEOR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM i Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant.Tt 4g 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 r. significance may have little or no formalknowledge of the environment or may be technically expert in environmental analysis-In addition many who'have knowledge in one particular area my notbe aware of the broader concernsaffect ng the question of sign ficance. The full EAF is intended to provide a method whereby applicants and,agencies can be assured_that the determination process has been orderly,comprehensiye in nature,yet flexible to allow introduction of information to fit a project or action. Full EAE Components; The full EAF is comprised of three parts: z P `I P;:pvidtrt, o)afec[,,yp flag aatd,information about a gaven project and its site. By identifying basic project data it a ft A f�vie$ier iy,the,analysts thattakes place in PArts 2 and 3. Pati? � vsidett�rthe s,li Cant# ° p !b4e ;,that may occur from a protect or action, It provides y to h�__� nsidered smaji to moderate or whether it is a potentially- I „ii..r. ,:ni,; !,.. :.riflesvhzr an fnpact can be mitigated or reduced. Past 3 Ira R t t r P t js ldpnt#Wd as,potpuq large, then Part 3 is used to evaluate whether or not the �prs,,�rtualfyn,p�rtavft_ DE.—Type 1 and Unlisted Actions Identif ,the Portions of EAF'completed for this-project: ❑ Part 1 ❑ Part 2 El Part 3 Upon review of ft)nformatipn recorded on this EAF(Parts 1 and 2.and 3 if appropriate), and any other supporting information an#pier° dering both the magitude and importance of each impact, it is reasonably determined by the lead agency that ❑ A Th hJp0 p[ gpgt will not result in any large and important impact(s) and, therefore, is one which will not frau if!cant impact on the environment, therefore a negative declaration will be prepared. - © $ All , , prpiect could have a significant effect on the environment, there will not be a significant 1 obis Unliste�J Action because the mitigation measures described in PART 3 have been required, (ON'DIT1ONE1) negative declaration will be prepared,* ❑ G. 'c may aees4lt in one or more large and important impacts that may have a significant impact �n ronment therefore a positive declaration will be prepared. *A Con 'tI dot, Natiiiia Declaration is only valid for Unlisted Actions Name of.Action Name of Lead Agency Pnntor! ype Name of'Responsible Officer in Lead Agency Title of Responsible Officer Signjiture of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 - PART 1—PROJECT INFORMA N Prepared b ProjectJect Sponsorans r 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 appl'catipn for approval and may be subjectto further verification and public review. Provide any additionai( 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,rf�segr4b or investigation It Information requiring such arditionaf work is unavailable,so indicate and specify each instance. NAME OF Acr'ioN v 1 � et? t601elileje LtJCATiON OP T 1 it(include Street Address,municipality and County) rKfittle nreqnrn ± IOD` Wit B0 Aq& L-a. ' r A&lE OE kPPLi ,1SPQNSOR SU NESS TELEPHONE a �' r, ter, qg- bF0 �axEss ��- 1z . • �k3c.1� �t�s lx� P. C tryYPb° srarE zla cooE I'. Lti���.lzt :�.G�.n-l�.v_.�r.-_u..r,d-.-_Jr�.v►-Q, Uc�.><fe.r �oelley . b31 a�i8- 8353 I "Cs�'r1'7P,�,•` ' ' STATE ZIP CODE I g �7C ' 7E ACY1bN - I f'st� c '4 6153 Acite SoUAci;,Q, �aviceS .:11c 2 (ods : of 1 Z. g33A �. 7«4 A. #Jeasea`tiC,rdi'efe E,achtQuestion—Indicate N.A. if not applicable A. Site;I3;l s 4 rip#ion mw i'v s g.lof overall project, both developed and undeveloped areas_ 1, 0i {ise; OUrban dlndustrial OCommercial ©Residential (suburban) ,Rural(non-farm) QForest OAlg/riculture ❑Other T,ota�lfa ofproject area: '•h. ID.J 3 acres. ft�4ATT ACREAGE PRESENTLY AFTER COMPLETION ,i4 Sjushland,(Non-agricultural) acres acres 3.2x'9 acres 3. 22f acres % ral (Includes orchards, cropland, pasture, etc.) acres acres I(Freshwater or tidal as per Articles 24, 25 of ECL) acres acres n - r i rface.Area acres acres ted (kook, earth or fill) s►ope be,,Lk 1 ._ L} acres S acres • I uildirigs and other paved surfaces acres acres " dl ate type) Air { acres Se acres �3 Wh ts� i "dominant soil type(s) on project site? I y a;" i 2i6ge: OWell drained IDD % of site OModerately well drained % of site gpOPooriy drained % of site agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS lr Hassi€kation System? �.acres. (See 1 NYCRR 370). 4 AIe Ii Wrock outcroppings on project site? OYes No a- k depth to bedrock? (in feet) 2 5: Approximate percentage of prod project site with slopes ig0-10% % 090-15F% % I SL $15% or greater- � % (' _It) 6. is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Dyes KNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes ®No 8. What is the depth of the water table? to 2' (in feet) 9. Is site located over a.primary, principal, or sole source aquifer? Dyes ®No 10_ Do hunting, fishingorshell fishing opportunities presently exist in the project area? Dyes &No G 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? p Dyes 1XNo According to G Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) L3yies ❑No Descr?be h7i 1 u X-C 13. is the project site presently used, by the community or neighborhood as an open space or recreation area? Dyes ERNo If yes, explain 14.. Does the present site include scenic views known to be important to the community? Oyes ERNo r 15. Streams within or contiguous to project area: r+)Is. 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 G . i• &6-3n4 b. Size (in acres) 17. Is the site served by existing public utilities? ' Yes ®No a) If Yes, does sufficient capacity exist to allow connection? UYes DNo b) If Yes, will improvements be necessary to allow connection? ❑Yes DNo 18, Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes %No 19. Is the site.located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Dyes QNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes ®No i 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 • b 5 3 acres. b. Project acreage to be developed: 4.653 acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: (if appropriate) e. if the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour < (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially I Ultimately 9 L Dimensions (in feet) of largest proposed structure height; width; length. Mr, j. Linear feet of frontage along a public thoroughfare project will occupy is? go-a? ft. 3 25. Approvals Required: Submittal Pe Date ~City, Town, Village Board Dyes NNo City, Town., Village Planning Board IXYes ONO City, Town Zoning Board El Yes NNo City, County Health Department 1Yes ONO SOW tU isioh t9Q9 Other Local Agencies Dyes [> No Other Regional Agencies Dyes ONO State Agencies CfiYes DNo '-S..ybd fk t 99,T Federal Agencies Dyes [DNo i C, Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ®Yes ONO j If Yes, indicate decision required: ] Ozomng amendment ['zoning variance ❑special use permit Esubdivision Osite plan Onew/revision of master plan ['resource management plan ❑other 2. What is the zoning clas$ification(s)of the site? R -20 3. What is the maximum potential development of the site if developed as permitted by the present zoning? r a X0+6 I 4. What is the proposed zoning of; the site? 50i.rMe 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? i. Sk a io6i 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? .MYes ONO i 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of�proposed action? ,a AiC rVrcJ Q5tr1Cu,I �yrr.-1 8. Is the proposed action comp4,tible with adjoining/surrounding land uses within a '/. mile? lKYes ONO 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? i. , iq fi 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Dyes .9No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Dyes MNo a. If Yes, is existing capacity sufficient to handle projected demand? Dyes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes 4SNo a. If yes, is the existing read network adequate to handle the additional traffic? Dyes 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/S so Name Cf1 TFtg/GrN - lfFV o Date 2� Signature Title If the ac ion is in the Coastal Area, and you are a state agency, complete the oastai Assessment Form before proceeding with this assessment. 5 -7_ Mow muxh natural material (i bck, earth; etc.) will be removed from site? CJ tons/cubic yards 3. Will disturbed areas be reciaimeII? Dyes ONO f�9N/A y a. If yes, for what intend_- purpose is the site being reclaimed? { b. Will topsoil be stockpiled for reclamation? Dyes ONO c. Will upper subsoil be stockpiled for reclamation? OYes ONO 4. Mow many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres_ S. Will any mature forest(over 190 years old)or other locally important vegetation be removed by this project? y OYes &NO I 6. if single phase project Anticipated period of construction A�t�__ months, (including demolition), 7, If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year,(including demolition). 3 c. Approximate completion date of final phase month year. j d. 1s phase 1 functionally dependent on subsequent phases? Oyes ONO $. Will blasting occur during construction? Dyes i4INo 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project rk 11. Will project require relocation of any projects or facilities? Dyes f} No If yes, explain 1 12. Is surface liquid waste disposal .involved? Dyes 9No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b, Name of water body into which effluent will be discharged n\A 13. Is subsurface liquid waste disposal involved? Dyes ZNo Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes KNo Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes 9No 16. Will the project generate solid waste? OYes ANo a. if yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ONO c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ONO e. If Yes, explain 17. Will the project involve the disposal of solid waste? Oyes ZNo a. If yes, what is the anticipated rate of disposal? tons/month. b. if yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Oyes MNo 19. Will project routinely produce odors (more than one hour per day)? Dyes ,$)No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes 05No 21. Will project result in an increase in energy use? Dyes [A No If yes , indicate type(s) 22, If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. E 24. Does project involve Local, State or Federal funding? . Dyes CNo _ If Yes, explain i 4 i Part 2 ROJEC`I•"IMPACTS AND TNEIOAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) a + 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. I Any large impact must be evaluated in PART 3 to determine significance: Identifying an impact in column 2 simply I{ 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 a fair. a Potential.-Large'bitpact 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_ 1 • The number of-examples„per question does not indicate the importance of each question. • In ldentfying impacts, consider long term, short term and cumlative effects. °g Instrnctions(Read carefully) j 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 t3veshold equals or exceeds any example provided,check column 2.if impact will occur but threshold is tower 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 ❑ ❑ Dyes 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 ❑ 13 ❑Yes ❑No 3 feet. Construction of paved parking area for 1,000 or more vehicles. 0 Cl ❑Yes E]No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ONo 3 feet of existing ground surface_ • Construction that will continue for more than 1 year or involve more ❑ ❑ El 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. ❑ ❑ 13 Yes ❑No • Construction in a designated floodway. Q ❑ ❑Yes ❑No • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there bean effect ttr. .,ry unique or unusual land forms found on — 'r the site?0-e., cliffs, dunes, geological formations, etc-)ONO DYES + Specific land forms: ❑ ❑ ❑Yes ❑No 6 ' - 1 2 3 IMPACT ON WATER Small to Potential .Can Impact Be By 3. Will proposed'action affect any water body designated as protected? Moderate Large Mitigated ng 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 sitecontains-a.protected water body. ❑ ❑ ❑Yes 11 No • Dredging more than,100 cubic yards of material from channel of a ❑ ❑ Dyes 11 No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ Dyes []No • Other impacts: ❑ ❑ ❑Yes ❑No 4. Will proposed,action affect any non-protected existing or new body of water= ONO OYES 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 a10 acre increase or decrease. • Construction ofa body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑'No • Other impacts: ❑ ❑ Dyes ❑No 5. Will Progosed,,Action affect surface or groundwater quality or quantity? ❑NO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ El Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ Dyes El No have,approval to serve proposed(project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ Cl ❑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 convey--A off the site to facilities which presently ❑ Cl El Yes ❑No do not exist or have inadequate capacity. - • Proposed Action would use water in excess of 20,000 gallons per ❑ 1:1 11 Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extentthatthere 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 ❑ ❑ El 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 andfor storage facilities. • Other impacts: v ❑ ❑ ❑Yes []No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO OYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 i 2 3 Small to Potential Can impact Be Moderate Large 'Mitigated By Impact Impact Project, Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action. is incompatible with existing drainage patterns. ❑ ❑ Dyes ❑No + Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No + Other impacts: ❑ ❑ Dyes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ONO DYES Examples that would apply to.column 2 • Proposed Action will induce 1,604 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. • En,mssion 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. • Proposedactioh will allow an increase in the amountof land committed ❑ ❑ Dyes ❑No to industrial use. • Phbposed action will allow an increase, in the density of industrial ❑ ❑ ❑Yes 0 N deiielopment within existing industrial areas. + Other impacts: ❑ ❑ Dyes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered. species? ONO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes El No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes []No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO DYES .._ Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑Jlo migratory fish, shellfish or wildlife species. + Proposed Action requires the removal of more than 10 acres ❑ ❑ Dyes ❑No of mature forest (over 100 years of age) or other locally important i Vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ONO DYES 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 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 ❑ ❑ ❑YesC1 No agricultural land. • The proposed action would irreversibly convert more than. 10 acres, 11 ❑ Dyes []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 ❑ ❑ Dyes ❑No land management systems(e.g,, subsurface drain lines, outlet ditches, strip croppmgl, or create a need for such measures (e.g. cause a farm field to drain poorly due to increased;runoff) • Other impacts- ❑ ❑ Dyes []No IMPACT ON ,AESTHETIC RESOURCES ( 11. Will proposed action affect aesthetic resources? ONO OYES II( (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 ❑ ❑ El Yes []No or in sharp con,trasf to current surrounding land use patterns, whether man-made of naturAl. • Proposed land uses, or project components visible to users of ❑ F-1 Dyes ❑No aesthetic' resources which will eliminate or significantly reduce their enjoymett of the aiesthetic qualities of that resource. • Project c9mppge9ts that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of 'scenic views known to be important to the area. • Other impact's: ❑ ❑ Dyes ❑No IMPACTON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ []Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ El Yes ❑No project site' • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeolHgical sites on the NYS Site Inventory. ,a • Other impacts: ❑ ❑ Dyes ❑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 `r The permanent foreclosure of a future recreational opportunity. ❑ ❑ El Yes ❑No • A major, reduction of an open space important to the community. ❑ ❑ Dyes Cl No • Other impacts: ❑ ❑ ❑Yes ❑No 1 � 9 i IMPACT ON QNSPORTATION' 3 Sm- to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ONO OYES Impact Impact Project Change Examples that would apply to. column 2. - • Alteration of present patternsof movement of people and/or goods. ❑ ❑ Dyes El No • Proposed Action will result in major traffic problems. ❑ ❑ []Yes E]No • Other impacts: ❑ ❑ Dyes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO OYES Examples-that would apply to column 2 • Proposed Action will cause a greater than 5%p increase in the use of ❑ ❑ ❑Yes E]No any form of energy in the municipality. Proposed Action will require the creation or extension of an energy Q ❑ ❑Yes ❑No transrniii!sion or supp)y system toserve more than 50 single or two family residences or to serve a major commercial or industrialuse. • Other impacts: ❑ ❑ Dyes El No NOISE AND ODOR IMPACTS j� 1.6. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - ONO OYES j Examples that would apply to column 2 t • Blasting, within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ Dyes ❑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- ❑ ❑ El Yes ❑No J I 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 ❑ ❑ ❑Yes El No substances(Le.oil, pesticides,chemicals,radiation,etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ ❑Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result In the excavation or other disturbance ❑ ❑ El Yes ❑NO j within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 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 ❑YES 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 ❑ Cl ❑Yes ❑No { will increase,by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑No • Proposed Action,will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes []No of areas of historic importance to the community. • Develapmentwill create a dgmand for additional community services ❑ ❑ ❑Yes 0No (e.g_schools, po3ice and fire, etc.,) • Pc,ppsed Action will set an important precedent for future projects, ❑ ❑ ❑Yes ❑No 1 • Proposed Action will create or eliminate employment. ❑ 11 []Yes ❑No H • Oilier impacts- ❑ ❑ ElYes ❑No 19is there, or is there likely to be, public controversy related to potential adverse environmental impacts? LINO ❑YES 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 he potentially large, even if the impacts) 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) 11 114-14-11 c2is7)-9< 617.21 SEQR Appendix S . 2te Environmental Quality Peview Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-'/a 1/4.1/2 1h-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural,or man-made scenic qualities? s u • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made,scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ El • National Natural Landmarks and other outstanding ❑ ❑ ❑ E ❑ natltral features? • National Park Service lands? ❑ ❑ ❑ ❑ El • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? + Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? + A site, area, take, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ + State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2,. is the visibility of the project seasonal?(i.e., screened by summer foliage, but visible during other seasons) ❑Yes ❑No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? ❑Yes ❑No µ - - r DESCRIPTION OF EXI y NG VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'A mile *1 mile a Essentially undeveloped ❑ ❑ Forested ❑ El Agricultural Suburban residential ❑ 11 Industrial ❑ ❑ Commercial ❑ ❑ 3 Urban River, Lake, Pond Cliffs,Overlooks Designated Open Space Flat ❑ ❑ Hilly Mountainous ❑ Other El NOTE: add attachments as needed 5. Are there visually similar projects within: *'1/2 mile Dyes El No "1 miles Dyes ❑No *2 miles El Yes ❑No *3 miles ❑Yes ❑No *°Distance from project site are provided for assistance. Substitute other distances as appropriate: EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ n EJ At a residence ❑ El 0 F1 At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ E 2 4 y APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned, applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of tbe. Southold Town Planning Board; and represents and states as follows: I 1.. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 1A' jj $ 2 The name,of`:the subdivision is to be .gof...�t?�StJ.vaSf dl?..�✓,,1fut4t51!1 �X�Y7 Wt3✓ ........................ ....................... 3. The entire land under application is described in Schedule"A' hereto annexed. (Copy of deed suggeste(L) r 4_ The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: UUer . ..... Q:�.�......... . Page ....1.z..Z.. ......... On ...�.�.1.1.�.$.1.... ... . . . . .. Liber . .. ..................... Page ... .............. ..... On ....................... .. Liber . .......... ............. Page On Liber ........... ...... .. ..... . Page . .. .......... .... .. ... On ... .. ...... .. .... ...... ; ., Liber . ............ ........... Page On ....... .. . . . . .. . . .. .. .. ; as devised under the Last Will and Testament of ............... .... ........ .. ........ .. oras distributee ....... ................... .... . . ...... .................................. . . . . .......... ........ ............................. . . .. S. The area of the land is ......!:tP3A-:..... acres. b. All taxes which are liens on the'land at the date hereof have been paid ............ . . ... .. .. .... .......... .... .. .......... ........ . . . . ... . . . . . .. ..... . I. . . .. .. . . .................. 7. The land is encumbered by . ...M.Q.... .. .. .... ... ..... ...... .. ...... ........ ... ..... ... . mortgage (s) as follows: (a) Mortgage recorded in Liber . .. .. ... . .. .. . Page ... .. .. .... .. .. ... in original amount of $. .. .. .. .. . . .. . unpaid amount $ . .... . . . . . . :.. . . . . . . . held by . ........ ... ... . . .. ... ..... ...... .. . address . .. .. .. .... . . ... .. . . .. . .. . . . . . . .... . .. .. .. .. ........... .... . .... . (b) Mortgage recorded in Liber . ....... . Page . . . .. .. .. .. .. . . . .. .. ... in original amount of . . . .. . . .. . . .. . unpaid amount $... .. . . .. .. .... . . .. .. . held by . .. .... .. ..... ....... . ... .. .. .. .. ... address . .... ............ . . .. . . .. . . . . . . .. . ..... .. .. ....... . ... ......... (c) Mortgage recorded in Liber Page ...... in original amount II of ....... ....... unpaid amount $. .. .. . ...... .... .... ... held by . .. ................... ,I address ... ............... 8. There are no other encumbrances or liens against the land-exc-egt- ...„ YEA. . .. . .... . Z ,.. ..((.... 9. The land lies in the following zoning use districts .....1\.`.LSS �............ .. .......... l' ............................... .... ........................ ................. ......... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ea- "Pt —. —........................... ..... ............................ ......... . ..... 11. The applicant shall at his expense install all required public improvements. . 12. The land (dwe) (does not lie in a Water District or Water Supply District. Name of Dis- trict, if is-trict, if within a District, is ... .. .. ...... .`.. ...._.. .... ........——........... .. .. ....... . f13. Water mains will be laid by .. .N.. �r... .. .. ...... .... ........ .. . ...... ..... . ........... and (a) (no) charge will be made for installing said maims. Ii 14. Electric lines and standards will be installed by N.{.At ...... ........ .. .... .. .... . ... .... . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed b /�.. ......... .......... ......................... and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Ilighway system, annex Schedule "B" hereto, to show same '9-5- " 1 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system; annex Schedule "C" hereto to show same. ORGGOA) PoAD is W rrHIN TH6 Sowrmoui� -7%vvr4 Awy SySTSM 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said pxisting maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. .335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 9 22. The applicant estimates that the cost of grading and required public improvements will be $......... . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ..... .......... ?�:..l 1� Zaar� .. i I i} r ]X .3�!� :......... . (Name of AApplica(j By (Signature JTi"I ... .. .. ..........:....... .................... .. . (Address) STATE OF NEW YORK, COUNTY OF .� .... ..... ........ .. ss: On the . .......... .Z. . day of. ..... . .. .. . i i§ .. .., before me personally came .......... !1�x .1.> ��� %J J_".. tome known to be the individual described in and who executed the foregoing instrument, and acknowledged that . execute es /Z 1Votar}' . . ..'. .Pu. . blic. .. .. .. ..ALliabfC A 6R7(MAM. . ...... Notary Aut+Fia,State of New Yank. No.62-464287+ Qualified.in Suffolk County. STATE OF NEW YORK, COUNTY OF . ....... .. . .. .. .... .........Commission Ex�res Sept.30, ss: On the ....... .. .. .. ... day . .... ....... of .... ....... .... 19......, before me personally came . . . . . .......... .. ... ..... to me known, who being by me duly sworn did de-,; poseand say that ..... .. .. ... resides at No. ... .. .. ......... . ........ .......... ................. . . . . .. .. .. .. . . ............. . ..... that ... ... ............. .. ..... is the . .. .. .....\ of . .. ..... . .. ...... . . . . .. .. .. .. .. .. .. .. .. ..... . ...... the corporation described in and which executed the foregoing instrument; that . .. ..:. . .... knows the seat of said corporation; that the seal affixed by order of the board of directors of said corporation. ;md that . . . .. .. .. . . . signed ... .... .... .. . name thereto by like order. ; Notary Public , SCHEDULE A - � /a3 ALL that certain plot, piece or parcel of land situate, lYiP4 and being at Cutchogue, in the Town of Southold, County of Saffolk and State of New York, more particularly r - bounded anddscri bed as follows. BEGINNING' at, a point at a monument set in the northerly ' line; of, (lfegon (North) Road, which point is intersected by the easterly tine of land now, or formerly of John F. SwxAtoo'ha,, •rung• thence North 4:7 de ees 49 minutes 00, ' seconds, S£ and G ong said me honed Ikand a dh5tance of i„75x" 43 feed to t otirary hi h 3 So ; g ark mof tODd Island running nce on'a ur.se ItOrthx 7,l degrees 52 minutes 4 E 's wheco t rueas r xgz feet, & `ong the j ordnargx Fnwt maia;a Sound fo o to and now. or rmrl f !. fae� 'Ala 6t, e ligheiiCe Souk 47 degreos + mei r Ong' the said last rdea, a2y• 5 bi feet; ru=14Uthence East, stiff-along ance Of 70�226 Net; running q ... sy 40s seco�ads West " still or i rs �r�h,,at�e :a an d ,of 53 i feet to �Y �h 9 � , r r.,arrk of i;bng Ish" iFobnd;. ng thence on cou�rsc�rifiorth '.i, c3:egrees: 9 min`u� Mlslvnm� q along`,th or irr:rry; highwater to lalidkmbw or f9 rrCeY114� f,ahes=�cty 'SiinX,ik; running thence tki degrees 06 nrifiut'Jtsp,gse onds Fast and' a•1'oarg. said t' 1•and, a: d-a t oe of ` "1 3i' oned Sou ; ` . :Au 'y: kaa ' feet. to. a . +hitt^ nY thence th 5)1 degrees 2-1 Tri-bb-tit Seco las: andI' ll nga said f� in n d'ne, 01111th..ands"a,yaisfan�s of 11' e to, � point• lunn�ngW hiehce 31 d' Ls.,,34"2. " 11 0 ds West 7 G £3Ye" tf i aid d of I �, ,� a POT X; �th .iicnin Sieges 44 iunmtcs 3 1 E eco ° s , 4 �: ,t} Nd 'wEa�t. a• dis e a fee fihence runiiixi' , u 4�7i, d04,j e•e�s 4.9 u es 112-M.-p sf+eet` 'to, ,the :iiortherl'�' a#' t stance of s1�t7e o Ro CO. running thle;i e; SOu�wh. +ea�i eee. 4A n a n 1. �bc Cbz �: w,ef.a dilsyt Me •of."?!0. 25 feet to th k hat © + . o£ ginning. BAXTERS2 Southold Town Planning Board Town .Hall Southold, New York 11971 Re: L43:az.1,9en 'anxraax", Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, -- -- 04 APPLICANT TRANSACTIONAL, DISCLOSORR PORK The Town of Southold's Code of Ethics vrohlbits conflicts of interest on the part of town officers and' employdes. The purpose of this form is to provide information which can p alert the town of possible conflicts..of interest and allow. ?; it. to take whatever action isnecessar to avoid same. YOUR MAKE: Y (Last name, first name, midd e initial, unless yoxt are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone. Approval of .plat Exgmption from plat or official map rather k (If -Other," name the activity. ) thine,( SUb dk%115;dn Du you personably (or through your company, spouse, sibling, parent., or child) have a relationship with any officer or employee of the Town. of Southold? -Relationship^ includes by blood, marriage, or business interest_ ^Dusiness int+eresb" means, a business, including apartnership, in which the townofficer or employee has even a partial { ownaF011P of to,R' employment by) a corporation In which the tonin officer or employee owns more than 5% of the i shares_ YES NO X_ " If you. answered -YES,- complete the balance of this form and dateand sign where indicated_ Name of person employed by the Town of Southold -9 Title or position of that person v> Describe the relationship between yourself (the applicant) and:.the town officer or employee. Either check the !, appropriate line. A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent,. or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock or the applicant (when the applicant is a corporation); D) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); - C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP I j � Submitted tfi _LdaY 1 I Signature //j/ Print name G/¢jdL.,&AAC S/$Nd s x4.16-E=112'471'Q SEQR PROJECT IDI$UVISER- - etN Z' APPENX C STATE ENVIRONMENTAL QUALITY REVIEW ---� SHORT ENVIRONMENTAL. ASSESSMENT FORM for UNGISTE{a ACTIONS only =PART S—P#O+SECT INFORMATION{To be completed by Applicant or Project 5ponS00 !. 'E- O 4JI4,L.y19/ri.d r97(TE.Q, A10 2..P OJECr NAME 5'0.t)AI ESTi4T S.^ Jfarua (3l�xTGR Go�aa:cz � G3FJxT�e, .SuBa�u/S/OCL!' 3', PROJECT LOCA714N: Winlcrpaltt9 �u. u�F-a6-u.E Ioee,m t. PRECISE LOCATION.(SVeetacdress and,road imars"Itars,prominent tsndma«ks,eta,of provide mW )OR 6,41E.,e7 y /s 17AJ CL i'©�c. a -' iooa ' rJzs4 d-1' Ci ;e't a6:6 tae , a 4 ' Is, is PROPOSED ACTION: .. p. . "'New OEa naldn. 6Mos!r!van0n/alteration rC£St.e.f!?9�SS.TOrS. dT EX l!'E.61 .s�f} l r6V4Z r a. DESCRIBE PROSECT$RIEFLY: aP +hE .s-ng/E IparcE./ GI RE Joy )Ed only by Q szv&) C'7o) Woof /0r),Q, i,�y CaoJ0' o curd'E .5 �r ��v 7. AMOUNT OF1AND AFFECTED: Initially 1� acres Ultimately - t acres y S. W<ROPOSED ACTION COMPLY WITH MSTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 *e$' ")Nc 'N no,eeeenGe brtetty ,C�pP L-IC-09 NTS /) 1/RiQIA A]CE /cle.Dm A;7-.Y,IS7-7-'J6. 7ZOd n CR 7-,&A) /N d: S. W9A-T tS PRESENT LAND U9 oN VICSNITY OF.PRCJECT% JReeidirifiaC C Indu v tal 0 commercial 0 Agriculture ❑ parklor"vopen Space. 0 Other Dacerlbp: i 10. DOES AOTI NINVOLVE A PERMIT APPROUAL,.OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY{Federal,State or 1 Yee 0 Me ti yes,flu aganay(Q and permlvappravats '7-/ b4,1 c.JW7-c.WJDsP��rn.T .scr .moork eouas-1-y IIII I I�cPr OIC /4-C77.1--JW S&-)P-ujcES - 'I'a[3ojejls/dAJ ,%N0LLTlyl6,W aaJAl 11 DOES ANY ASPECT OF THE ACTION HAVE A-:CURRENTLY VALID PERMIT OR APPROVAL4 i Yee O No 1t yea,ost agency name and pemtitfapprmd an'*'z4 Or $PiogwLS — t/P4LIJ9AJG,E 92: WA—RW LT OF PROPOSED ACT3d4:WILL EXISTING pEAMITIAPPROVAL REQUIRE MODIFICA55N? { '0 Yea i�No. ,!/CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE*EST o`F.MY KNOWLE4GE Date 9- r7 }{ AppllearNS e L �} f��i/GlAJ� /nom /i4.Jd a ^lob 1 Signature �. 1 If the action fa in #ss Conatal'Areaj and you area stats agency. 6S$nEptetio the Coastal Assessment,Form. before proesodlnq frith this suassment OVER 14M GrFOLIr P,�RD T � US¢QIT> (QLD Y 1 Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITR, YOUR APPLICATIONS FORMS To THE 'PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your 'completed applications forms. If your answer- to any of the following :questions is Yes, please indicate these on your guaranteed survey or submit other appropriate evidences 1. Are there any wetland grasses on this parcel? Yes (DO (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes No 4. Are there any other applications pending concerning this property before any other department or agency? (Town , State, County, etc. ) es No 5. Is there any application pending before any other agency with regard to a different � project on this parcel? Yes N 6. Was this property the subject of any prior application to the Planning Board? es No 7. Does this property have a valid certificate of occupancy, if yes please submit..a .copy of same Yes No I certify that the above statements are true and will be relied on t�he�Planni g 1{'Board �i�n�considering this application. Signature of property owner or authorized agent dalte i m Attachment to questionnaire for ,-the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 14 day of Zt�y�. _ before me personally 3 came l C2.Z�it3Jt enc `yam to me known to be the individual described in,-and who executed the foregoing instrument, and acknowledged that executed the same. otary Public SANDRA M.COOPER NOTARY PDRLIC,State of New Yak No.480143$ 1 Qualified in Suffolk County Commission Ezpi,..jarrwy 31,200 ii I 4 { I Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/14/02 Receipt#: 0 € Transaction(s): Subtotal § 1 Application Fees $10,000.00 Total Paid: $10,000.00 r i *ter- . r NOV 1 a GUu� s-outho'dTowi Pjg_ jBoard Name: Gobil, Co. Baxter Sound Estates #1000-72-2-2.1 Clerk ID: JOYCEW Internal ID:64106 i Town Of Southold P.O Box 1179 Southold NY 11971 �* * REMPT Date: 11/14/02 Receipt#: 0 Transaction(s): Subtotal i 1 Application Fees $3,625.00 Check#:1173 Total Paid: $3,625.00 s , ) !rMm NOV 1 [uu+ 8611thold Town Name: Baxter, Properties Plenums Board 1030 East Putnam Ave. ` Greenwich, CT 06830 Clerk ID: JOYCEW Intemal ID:64102 Town Of Southold P.O Box 1179 Southofd, NY 11971 * * * RECEIPT * * * Date: 11/14/02 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $60,425.00 i ' Check#: 67466750 Total Paid: $60,425.00 I Name: Baxter, Sound Ests. 72-2-2.1 I Clerk ID: JOYCEW Internal ID:64104 ACCOUNTING&FINANCE DEPT. �Q�Q OG TOWN HALL ANNEX ,"�q✓�' John A.Cushman,Town Comptroller Feather Hill,Building 10 Telephone(631)765-4333 y x 620 Traveler Street V�" Fax(631)765-1366. 0-0 P.O.Box 1179 E-mail::accounting@townsainthold.ny.vs Southold,NY 11971-0959 - TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR February 24,,2004 Abigail Wickham, Esq. Wickham, Bressler,,Gordon & Geasa, P.C. 1301,5 Main Road PG,Box 1424 Mattituck NY 11952 } Re: Baxter Sound Estates Dear Ms. Wickham: Pursuant to Town Board' resolution no. 54 adopted on January 20, 2004, enclosed please find the Town of Southold's Agency &Trust check in the amount of$60,425 fpayable to William Baxter, This payment represents the release of the performance bond for the minor subdivision for Baxter Sound Estates. IIII .,_ Please contact me should you require any additional information. Very truly yours, John Cushman Town Comptroller C E cc: Elizabeth Neville, Town Clerk / Jerilyn Woodhouse, Chairman, Planning Boards/ FEB 2 5 2004 Southold Town PlanningBoard FOJ 177' VL- ELIZABETH A.NEVILLE =moo Gy� Town Hall, 53095 Main Road TOWN CLERKy = P.O. Box 1179 REGISTRAR OF VITAL STATISTICS eft Southold,New York 11971 MARRIAGE OFFICER .fr ® o�� Fax(631) 765-6145 .RECORDS MANAGEMENT OFFICER Telephone(63I) 765-1500 FREEDOM OF INFORMATION:OFFICER southoldtown.northforkmet OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS 15 TO CERTIFY THAT THE FOLLOWING RESOLUTION NO-52 OF 2004 WAS ADOPTED AT THE REGULAR NWETING OF THE SOUTHOLD TOWN BOARD ON gd JANUARY 20, 2004: s RESOLVER that the Town board of the Town of Southold hereby authorizes the release of a performance bond for the minor subdivision for the Baxter Sound Estates in the,amount of $60,425.00 from the Agency and Trust Account, as recommended by the Southold Town t PlanningBoard. Elizabeth A. Neville Southold Town Clerk I o�%gFF0J/( p JOSHUA Y. HORTON �� �y� JAMES A. RICHTER, R.A. SUPERVISOR y ENGINEER TOWN HAIL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 4 • `� Tel.(516)-765 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 3 November 12, 2003 Bennett Orlowski,Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold„New York 11971 Re: Baxter Sound Estates Oregon Road, Cutchogue S CTM#: 1000-72-02-2.1 Dear Mr. Orlowski: As per your request, I have completed a final inspection for the above referenced project. All required road construction has been completed in a satisfactory manner. The stone blend road surface has been graded with uniform slopes and contours have been provided at each catch basin to allow the drainage systems to function properly. All shoulders have been graded with topsoil and the seeding of these areas should be well established by early next spring. If you have any questions concerning this report, please contact my office. nc rely, J mes A. R] to R.A. tC � � WN 12 goo Sotdokl Town Plannalg BoarO PLANNING BOARD MEMB�ts ®SUFFOj,� JERILYN B.WOODHOUSEj P.O.Box 1179 Char ® yt Town Hall, 53095 State Route 25 RICHARD CAGGIANO CIO Z Southold, New York 11971-0959 w WILLIAM J.CREMERS. • Telephone (631) 765-1938 - � KENNETH L.EDWARDS Fax(631) 765-3136 MARTIN H. SIDOOR ®.( 0. PLANNING BOARD OFFICE i TOWN OF SOUTHOLD I _ ddI January 13, 2004 Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 i Mattituck; New York 11952 i Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane, in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms- Wickham: The outhold Town Planning Board, at a meeting held on Monday, January 12, 2004, adopted the following resolution: WHEREAS, the applicant has submitted a certified check, numbered 67466750, in the amount of$60,425.00, dated October 10, 2002 and issued by the North Fork Bank, as a performance guarantee for the Minor Subdivision Baxter Sound Estates; and WHEREAS, James Richter, the Town Engineer, performed a final inspection of the required improvements and has issued a letter of completion, dated November 12, 2003; be it therefore RESOLVED, that the Southold Town Planning Board release the $60,425.00 placed in a Trust and Agency Account as a performance guarantee for improvements and recommends same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson y PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE .�.® G P.O. Box 1179 Chair C y` Town Hall, 53095 State Route 25 y Southold,New York 11971-0959 RICHARD CAGGIANO W- Telephone(631) 765-1938 WILLIAM J.CREMERS ® . KENNETH L_EDWARDS '�y_ �Q� Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2004 I Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane, in Cutchogue t SCTM#1000-72-2-2.1 Zoning District: R-80 Dear Ms. Neville: The following took place at a meeting of the Southold Town Planning Board on.Monday, January 12, 2004: RESOLVED, that the Southold Town Planning Board release the $60,425.00 placed in a Trust and Agency Account as a performance guarantee for improvements and recommends same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, X,-),, C�.�6-,Ao Jerilyn B. Woodhouse Chairperson /0 o�OgpFfO(,��0 rnT ELIZABETH A.NEVILLE _� Gy� Town Hall,53095 Main Road TOWN CLERK H P.O.. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER �.fi �� Fax(631) 765-6145 RECORDS MANAGEMENTOFFICER �Ql �`�� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net i I OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.738 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7,2002: RESOLVED that the Town Board of the Town of Southold hereby accepts the certified check No. 67466750 from North Fork Bank in the amount of$60,425.00 as a performance guarantee applied to the revised bond estimate for the completion of roads and other improvements in the proposed minor subdivision`Baxter Sound Estates"located at Cutchogue, New York,subject to the approval of the Town Attorney, be it further / i Elizabeth A. Neville Southold Town Clerk NOV 14 2UQ o§vi l w PLANNING BOARD MEMBERSCO BENNETT ORLOWSKI,JR. h� Gy P.O.Box 1179 Chairman o= Town Hall, 53095 State Route 25 y x Southold, New York 11971-0959 RICHARD CAGGIANO Telephone(631)765-1938 KENN WILLTH T.L EDWARDS Fax(631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2002 Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision f>or Baxter Sound Estates N Located on the north side of Oregon Road, west of Bridge Lane,in Cutchogue i! SCTM#1000-72-2-2.1 Zone: R-80 kDear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, i adopted the following resolution: l WHEREAS, the applicant has submitted a certified check numbered 67466750 in the amount of$60,425.00, dated October 10, 2002, and issued by the North Fork Bank as a performance guarantee for the Minor Subdivision Baxter Sound Estates; be it therefore RESOLVED, that the Southold Town Planning Board accept the certified check numbered 67466750 as a performance guarantee applied to the revised bond estimate, dated June 4, 2002, in the amount of$60,425.00 as determined by the Town Engineer and recommends same to the Town Board; and be it FURTHER RESOLVED, that the certified check is to be cashed and placed in a Trust and Agency Account. Please contact this office if you have any questions regarding the above. Ptruly yours, tt 1111 Bennett Orlowski,. Jr. Chairman LAW OFFICES WICKHAM,BRESSLER, GORDON & GEASA, P.C. f 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) ' MATTITUCK,LONG ISLAND ERIC J.BRESSLER, NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL.A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE,NEW YORK 11747 l JANET GEASA 631-298-8353 TELEFAXNO.631-298.8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 November 25, 2003 Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold;New York 11971 Re: Baxter Sound Estates, Cutchogue,New York Gentlemen: I have been advised by Mark Terry that the Town Engineer has inspected the road and subdivision improvements and issued a satisfactory report. We therefore request that the $60,425. performance bond (cash deposit)be released by the Town to our client. Please advise if there is any further 'j information required. Very truly yours, Ab'gtl A. Wickham � . . AAW/dm i erc!, 301shdtp5l cc: William J Baxter,Jr. Daren Pfennig (� lel(� Q �f E U i! CLEC - 1 2403 Southold town Planning Board, ,^lW-26.2003 0913 �43l::A RKH=`M& BR:ESSLER 1,731. 298 S56-S 0:7653136 T.AW OFMCES vVICK-T-TAN4,BRESSLER,GORDON&IGEASIA, P.G. IK15 MAIN WAD, P.O.BOX 1424 WILLIAM W1CKBANI(06.02) MATTMUCK.LONG N AND k'.131C J..aRESSUP. NL1b'YORK 11452 275%ROAD T-101-1-OW ROAD ARIUA'11,.A,1XIC"MAM'C SUM I II L`rNNr1.K GORDON' MELVTT,LG, NEW YORK 11747 ?ANETGEA5f+ 6i1.258•&' a T ZMUAX NC,W-298-h65 63 .245-4480 wwl} nur�au S-oom TKEFAX IM.631.249-944 November, 25,2003 Tovm of SOutI101,d Pl an Baia,Board Post Wice Box I'i"<` 530951V1ain RoaJ Soirhold,New York 11971. h RQ!: Baxter Sound Estates,Cutchng'ne,Nese York t Gentlemen: i leave been advised k}='Mvk.Te1ry that the Tn,m F%t ncer has inspected the road std subdiviszost j improvements and issued ri satisfactory repot. 'kTvae therefore request that the$64,425: perfamimice bond(cash deposit)he released'by the Town to our client. Please advise i.fthere.is ally further informa+aon required. +I eery t-uly yours. F /;I A^ W1CIC11attt cc: 1d!il7rana J.Eaa�7e�,J;^, (}atgP9?a'"ena(S i k i LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I I LYNNE M,GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 v October 23,2003 Attn:Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates SCTM# 1000-72-2-2.1 Dear Mark: Congratulations on the arrival of your daughter. Now the planning begins in earnest! Enjoy it. I understand we are fortunate to have Jaime Richter back next week. I would appreciate your requesting him to make a final inspection on the Baxter Sound roadway. It has been completed and I would like to request the Town Board to release the bond. He may contact Daren Pfenning at 298-0234 if he requires any information. Thank you for your attention to this matter. Very yours, Abigail A. Wickham AAW/dm 30/shdph cc:Daren Pfennig EC E I 'JED- OCT 2 4 203 Sauthold Town Planrnng8oard m :p'"""" Highway Department o4@ Town of Southold ©a "%# ,+ 275 Peconic Lane • P.O. Box 178 ° s yam Peconic, N.Y. 11958-0178 PETER W. HARRIS Tel. (631) 765-3140 Superintendent (631) 734-5211 Fax(631) 765-1750 MEMORANDUM , TO: Mark Terry Sr. Environmental Planner FROM: Peter W. Harris Superintendent of Highway DATE: October 10, 2003 RE: BAXTER SOUND ESTATES — STREET NAME REQUEST — SUFFOLK COUNTY TAX MAP-# 1000-72-2-2.1 Please be advised, in response to your 10/8/03 memo in connection with the request from Baxter Sound Estates for a street name, that I have reviewed this matter and have determined there are no duplications of either of the requested names within the Town. Therefore, the names "Sunset Bluff Lane or "Bluff View Lane" would be acceptable. PWH.jes D qgpg, OCT 1 7 2003 R Southold Town � : L. i'lanningfsuar+i i r fnpl Daren P.Pfennig,Builder 0 P Pfennig Construction Corp. P.O.Box 1331 Mattituck,NY 11952-0924 – r 631-298-0234 Phone 631-298-0235 Fax �1/- ✓;-- h Wit, : �-�' August 20, 2003 Baader Sound Estates SCTM# 1000-72-02-2.1 Oregon Rd. ,Cutchogue Re: Street Sign/Road Name Planning Board Members, Weare hereby requesting the name ofthe Street to be"Sunset B1uffLane"with the alternative"Bluff View Lane"_Please contact us as soon as possible. Thank you for your time in this matter. Sincerely51, �— �' Dare P2�Y cc: Wickham, Wickham&Bressler, PC. 1 r y _ i3 Southold Town -- ` Flaps,ng Board i PL ANNING BOARD MEM BERSgOfFO(,� p�0 CO BENNETT ORLOWSEI,JR.. .� G P.O.Box 1179 Chairman _ Town Hall, 53095 State Route 25. C4 Z Southold, New York 11971-0959 RICHARD CAGGL9N0 Telephone (631) 765-1935 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDORy�ol �aO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Inter-Office Mail MEMORANDUM To: Peter W. Harris, Superintendent of Highways From: Mark Terry, Sr. Environmental Planner i v Date: October 8, 2003 Subject: Baxter Sound Estates — Request for Street Name SCTM#1000-72-2-2.1 / i Attached, please find correspondence from Daren Pfennig, Pfennig Construction Corp. regarding the above referenced matter. MT:ck aft. , n Daren P.Pfennig,Builder } w c, �-o Q2�. t- irr i � S Pfennig Construction Corp. P.O.Box 1331 Mattituck,NY 11952-0924 631-298-0234 Phoneme �w 631-298-0235 Fax August 20,2003 Baxter Sound Estates SCTM#1000-72-02-2.1 Oregon Rd. ,Cutchogue Re: Street Sign/Road Name Planning Board Members, We are herebyrequesting the name ofthe Street to be"Sunset B1uffLane"withthe alternative"Bluff View Lane".Please contact us as soon as possible. Thank you for your time in this matter. Sincerely, D e Pfe cc: Wickham, Wickham&Bressler, PC. DECE ', w � SEP r8 8 2003 D Southold Town Planning Board I COPY IAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P_0,BOX 1424 WILMATTITUCK, LONG ISLAND ERIC J. WICKHAM NEW YORK 11952 BROAD OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE Ila - 631-293-8353 MELYLLLE,:NEW YORK 11747 LYNNE M.GORDONTELEFAX NO. 631-298-8565 C4ANEr-GEASA 63(•249-9480 TELEFAXNO':G31-249-9484 ! December 12,2002 r Attn: !Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates SCTAV 1000-71-2-2.1 Oregon Road,Cutchogue,New York Dear Mark: Enclosed istheDeclaration of Covenants and Restrictions required by the Planning Board for subdivision approval, which has been recorded in the Suffolk County Clerk's Office on October 10, 2002 in Liber 12214 page 376. ii `s As soon as I receive the maps from the Health Department,I will deliver them to you. Very truly yours, Abigail A. Wickham AAWIdm it end. 30/shdtpb2ve � 5 JAN : k i - b .,. i 1 I LI[I�11lNIh1�IlIIlI�I & SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTR:ICTIO Recorded: 10/10/2002 Number of Pages: 6 At: 04:41:02 PM LIBER: D00012214 ., PAGE: 376 District: Section: Block: Lot: 3000 072 . 00 02 .00 002 . 001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18. 00 NO Handling $5. 00 NO COE $5.00 NO NYS SURCHG $15.00 NO TP-584 $0. 00 NO Notation $0 .00 NO Cert,Copies $4 . 00 NO RPT $30 .00 NO SCTM $0.00 NO Fees Paid $77.00 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 1 r. i 3i j F D Number of pages `r 002 t 10 .+4:4..02 PM n� TORRENS Ed a d ': _ .ai eY CLERK OF 2 F Serial# _ S!r4 s UT UUNT`f i'00012214 12314 0 776 Certificate 9 Prior Ctf.9 Deed I Mortgage Instrument Deed(Mortgage Tax Stamp Recording l Filing Stamps 4 17 ,. : Page IFilingFee' Mortgage Amt. Handling a3. 1.Basic Tax TP-584 2,Additional Tax Notation ) Sub Total EA-52 17(County) Sub Total Spec./Assit. Or EA-5217(State) Spec./Add, _ gg PCRT.S.A. �C� 0� �YJr TOT.MTG.TAX _ Dual Town Dual� County Comm. of Ed. 5 QO; Held for Apportionment Affidavit Transfer Tax / Mansion Tax — 7 SCe ...... Copy I �` �r The property covered by this mortgage is or \\Reg,Copy S will be improved by a one or two family Sub Total dwelling only. Other _ _. YES or NO GRAND TOTAL ;`LfNO,see appropriate tax clause on page# i of this instrument. S Rop Real Property Tax Service Agency Verification b ; ICornrnunity Preservation Fund °UFFOLK Dist. Section. Block Lot C?Asideration Amount $ 1., COUNTY - gt 1000 072.00 02.00 002.001 CPF Tax Due $ 1 atew� Improved y Im is s 7 Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETU&TO: Wickham, Wickham& Bressler, P.C. TD P.O. Box 1424 TD Mattituck, New York 11952 ETitle Company Information me 9 Suffolk County Recording & Endorsement Page ThiSpage formspart ofthe attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in WILLIAM J. BAXTER, JR. AND JANE BAXTER GOELLER SUFFOLK ODUNTY,NEWYORK. TO In the Township of SOUTHOD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of CUTCHOGUE ti BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. � Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I'am enclosing the original copy for your records. ,a If aportion of your monthly mortgage payment included your property taxes, ,you will now need 31 to contact your local Town Tax Receiver so that You may be billed directly for all Arture property b tax bills. Local property taxes are payable twice a year: on or before January 10a' and on or before May 315`. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N. Y. 11901 (516)957-3004 (516) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson,N.Y. 11777 Shelter Island,N.Y. 11964 (516) 473-0236 (516) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (516)324-2770 (516) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (516) 351-3217 (516) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road `{ Islip,N.Y. 11751 Southold,N.Y. 11971 (516)224-5580 (516)765-1803 l Sincerely, J �d�tii�I�111X� Edward P. Romaine Suffolk County Clerk dw 2199 1x•mw::vsa DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made thOO day of 20,02,by William J.Baxter,Jr. and Jane Baxter Goeller,residing at 6915 Harbor Circle, Sailfish Paint,Stuart,Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road; Cutchogue, Town of Southold, County of Suffolk and State of New York, known as SCTM# j 1000-72-2-2.1,and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as"Minor Subdivision for Baxter i Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor,and to be filed in the Suffolk County Clerk's Office, and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for:both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office,and" WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: JON 0 That the Declarant, for the purposes of carrying out the intentions above expressed;does hereby make known,admit,publish,covenant and,agree that the premises described in Schedule "A"annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon,all purchasers and holders of said premises,their heirs,executors, legal representatives,distributees, successors and assigns,to wit: 1. Lots 1.and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on ftmap. The owner of the property now or formerly of Gallagher located between Lots l and,2(the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1,and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1.as shown on the Map. j 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter,Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense,one-half of such expense to be attributable to each lot, subject to any rights of contribution from the Gallagher property. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications,in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. _ a y 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 of Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman,dated July 17,2002,or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting; and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate.of Occupancy shall be issued for such residence until the completion of such planting 1 together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures,are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism. 8. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229,page 24 remains in full force and effect,except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITLESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. a it iam J.Baxter,Jr. Jane Baxter Goeller' ��l {� STATE OF NEW YORK,COUNTY OF SUFFOLK, ss.: On the 3O day of in the year 2002,before me,the undersigned,a Notary Public in and for said S ate,personally appeared William J.Baxter,Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted; executed the instrum Notary Aa t A.1N"CHAM Notary Public.State of Now Y** No. 62.46MTI � 3 STATE OF CALIFORNIA, COUNTY OF S a '612j Qud On the day of 06 in the year 2002, before me,the undersigned,personally appeared JANE BAXTER GOELLER,persoualt ,kao , to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before,the undersigned in the City of JQ/)7 Countyof ral?J /62Cz-' /-O. State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) WtiL*siKE 22246 Commissian#i?�46Q Notcay PubUc-CWkmta Santa Barb=County SCHEDULE A DESCRIPTION OF PROPERTY All that certain plot piece or parcel of land, situate, lying and being in the, Town; of SOU7 HOL17, at CI7TCHOGUE County of Suffolk and State of New York, being bounded n and described as follows: i BEGINNING.,% a point on the northerly side of Oregon Road said point being distant 131,0060, 0 fie" more pr less westerly from the northeasterly end of Bridge Lane,_ THENCE fibro said point of begmning along the northerly:side of Oregon Road, south 51 degrees 44 rnittt}tesFlD sco? esti 20 28 feet to.a monument arnf,lands now or formerly ofwialoclla T1riF CF a1 1t ' iil 1 n`d : no degree&49 ritu?tttes*D!7 seconds wear 17,85A3,feet to the high water line of l,cnrg• Island Sound; 77iENCE along lhp high walei ling of 1 o11g;Islancll Sound, ncrili 71 clegrecs 521t?mutes 27 Neconds.eas>y`22AG2feet; 7FIE3Z `. sollth7degrees %.milruies•40 secan'ds east, 557.55 feet; THFNC Rnorth 51 degrees 441;mrt e, 3(1 fonds cgtst,• 70.:911 .ii:ct; T`HI NC;I, north. 4/ dcLJrccs 0(i minutes 40 seconds west,'"5 p:1`t)Yicet to tile< liigll•,ai-ater 'line of Jlic Hong Island Sound 'LI CE allrn Tri, %viler• line of the I..on,A I hurd 'Sciund; n<r)th.70 dchrces 59 rninut�s, g' e ids 1 24 I.-1- 1111N? ICP, alone; l utciti ,noti or lorine ly of SrmchicK,, south 47 kd,egi4�s ()f nAutos 40 ticconds errs 50'1 .10 (cct l lil:h( L 1i-utli15l -degrees 23 minutes 9)0t�, ds.Nv st. 13 5 iect; 'f'l ll.tih 3 ( .Is south decree, i2viurnitcS U() ti cond, west. 16.8'1 fe, f VC'.I south 51 dggreos 44t inrnu�s 3(} a Y 4 , utondti ;w ,l, �2(i 3, fc�t; 1111 1�1( I . ;oath 4 de es 49 nunut�:s 00 s�coifs cast, 71 ,08 Icrl`icitlrc rfiri1ferIN .0.JcF111C rilil, of plilceof 111.(ANNINQ9 1;O( 1111;1 IZ !w7l j ilI(nN. S171i-1-r .'I' to ,t ligiit of Way' 111011E 91C NOi1114erly 20 feet of Jliw?tzti�c f' ic1'. , 1i '"of prcmi.scs to Orel . .. d sW rig slit of way being bounded a�ud d1 ti�rlJ�ed rY:iollo��s. 13'•f Gil 1CI ICr al a 1ioint on the northerly side, o£ Oregon. Rood said point being distant Id11)fiJ 1 c��� square o1 11;s'acslcrly' from the no thea terly m Opf BridrgeLa?)e.JHENCE from S I i(t jr.4itr1 ttfrc riort!refly %ideofOreofiRoa ' south 51 dog a44 minutes TO), S vab)I l ;cac�tit; 7WJ�'8' feet to a nloinli ent and Qs< no�u or forme'I `of SwialOcha, 1111 1,; iln>ngtsaul ;l )nds, n uili 4 dogreesF 4 'tpinuJ s, Mrso w� L148 32 feet; lJ l l J . 11iitll 5 Jl grecs 44 minutes 30 see east: 180. i'eet; 110E south 47 (1�,gr.&A•G;jtrr1�4i111fcs 40.y-cc0nd c:ttst, 20.24 f'eetit:94he northerly side otf landsA or formerly c>f I{1�,Y�r I ISI .•a.lkrir.g said lands, the 1'011*4 two courses and dista e ; 1J).south 51 j d ;grecs 4ltrin[i.tcs ; Tseconds %vest, 170.38 %64 2), son$47 deglrees 49 OW ts,,00 seconds 's11)f lctetiolfl1c-nor:the:rlysideof(7regorl�Itoad, the,,p torp�aceoff�FCiN3�IING. LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.G. 10315 MAIN ROAD, P.O. BOX 1424 [! MATTITUCK, LONG ISLAND �I LLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J,BRESSLER 275 BROAD HOLLOW ROAD aABIGAIL A,WICKHAM .SUITE 111 yj 'N NE M.GORDONs_ 631-298-8353. MELVILLE,NEWYORK 11747 ° JANET OF-ASA TELEFAX NO,631-298-8565 631-249-9480 TELEFAX.NO-631-249-9484 December 12,2002 Attn: Mark Terry ' Southold Town Planning Board Post Office Dox 1179 53095 Main Road Southold,New York 11971 I Re: Baxter Sound Estates ,I SCTM#1000-72-2-2.1 —Oregon Road, Cutchogue,New York Dear Mark: Enclosed is the Declaration of Covenants and Restrictions required by the Planning Board for subdivision approval, which has been recorded in the Suffolk County Cl'erk's Office on October 10, 2002 in Liber 12214 page 376. As soon as I receive the maps from the Health Department,I will deliver them to you. Very truly yours, cvu r � Abigail A. Wickham AAW/dm -encl.. 30/shdtpb2 , 4.,s„� 1 Id ; 3 DEC 16 Southold o axplh PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR.. ��®�O CQGy P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 ac Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone(631) 765-1935 WILLIAM J.CREMERS G KENNETH L. D ARDS y�oj .�`��� Fax(631) 765-3136 MARTIN ID PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 2003 Via Facsimile Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: I have reviewed the file and the below condition still remains outstanding. This office has no record of the filing of the Covenant and Restrictions with the County Clerk Office. Please forward the filed copy at you earliest convenience for our records. 1. The filing of the Declaration of Covenants and Restrictions outlining erosion control measures with the County Clerk's Office prior to any endorsement of the final plat dated April 10, 2002.A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded document. Please contact this office if you have any questions regarding the above. Sincerely, Mark rry. f Se for Environmental Planner . . LAW OFFICES /A'I WICKHAM, WICKHAM a BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 " MATTITLICK, LONG ISLAND WILLIAM WICKHAM NEWYORK 11952 MELVILLE OFFICE ERIC J. BRESSLER - 275 BROAD HOLLOW ROAD :ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE,NEW YORK 11747 q JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 November 12, 2002 { I Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re. Baxter Sound Estates—Proposed Minor Subdivision Approval SCTM# 1000-72-2-2.1 —Oregon Road, Cutchogue, New York Gentlemen: Enclosed is a copy of the DEC letter of non jurisdiction for the above property, which was a requirement the Board's conditional final approval by resolution dated August 13, 2002. Very truly yours, r^ Abigail A. Wickham eneL 30/shdtpb2 FROM :C MES I ANO INC. FAX N0. =631-87e—e3 i Nov. 12 2022 13B:OGAM P1 { New Yolk State Department of Environmental Conservation Division O'E'nvirontnental hermits, Region 6ne Building 40 -SUNY Stony Brook, New York 11790.2358 Phone:(631)449-0365 . FAX. (631)444-0360 Website;www.dea.stateny.us low EudM.crafty Gammeasibner t . I LETTER OF N0N-,JR[RIS9IGTIf O -TIDAL WIMANDS 1 W illiamv> axter November 6,2042 a 6519 St Harbor Circle Sailfish,Point Stuart, FL 34996 '1 RE 1-4736-63067100001 Baxter Property F30W off Oregon Rd. Cutchogue,Town of Southold SCTNt(11000-72-02-2.1 Dear Mr.Baxter, The Department of Environmental Conservation has completed a review of your recent jurisdictional inquiry under the Tidal Wetlands Act for a proposal to subdivide a 4.65 acre parcel on Long Island Sound into two lots of 3.24 acres and 1.41 acres as shown on the enclosed survey by Joseph Ingegno, LS-dated September 9, 1999 and last revised April 10,2002- Based 002Based on the information you have submitted, we have determined that the project(the creation of an approximately 15 foot Tong lot line on the southern portion of the property) is located landward of the topographic crest of a bluff which exceeds ten feet above mean sea level and is therefore outside the area regulated by this Department under the Tidal Wetlands Act and the Tidal Wetlands land Use Regulations(6 NYGRRPart 661). Therefore„in accordance with Part 661, no permit is required under the Tidal Wetlands Act for the project depicted on the referenced plan. Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundar"the crest of the bluff)without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining an adequate work area between the tidal wetland iurisdictional boundary and"your project(i.e.,a 15'to 20'<wide construction area) or erecting a temporary fence, barrier or hay bale berm Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. I can be reached at(631)444-0371 if you have any questions or need to discuss this determination. I i` �1-1?-al-ilLla TI IC fA'�•CCIM1rf Tn. FROM :C MESIANO INC. FAX NO. :631 M-8951 hrov. 12 2002 08:06AN P2 rrN VV911 lnt Baxter November 6,2002 Page 2 I Very Truly Yours, George W.Hammarth Deputy Regional Permit Administrator CG BMHP Pile i r Post-it°FaxYate 7671 It/s�Zy�ae per► 2_ it Co t. Cv. Phone 9 Phone# Fax Fax# I i inti-l?-Puny Till= GiT•�."GM Tn• _ ..^~_ n PLANNING BOARD MEMBERS ®�OSUFFOC,�co BENNETT ORLOWSKI,JR. �� Gy P.O.Box 1179 Chairman a Town Hall,53095 State Route 25 co = Southold,New York 11971-0959 RICHARD CAGGIANO A' Telephone(631) 765-1938 WILLIAM J.CREMERS B Fa KENNETHL.EDWARDSFax (631) 765-3136' MARTIN SIDOR PLANNING BOARD OFFICE j TOWN OF SOUTHOLD E November 5, 2002 'L Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 I' Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, adopted the following resolution: WHEREAS, the applicant has submitted a certified check numbered 67466750 in the amount of$60,425.00, dated October 10; 2002, and issued by the North Fork Bank as a performance guarantee for the Minor Subdivision Baxter Sound Estates; be it therefore RESOLVED, that the Southold Town Planning Board accept the certified check numbered 67466750 as a performance guarantee applied to the revised bond estimate, dated June 4, 2002, in the amount of$60,425.00 as determined by the Town Engineer and recommends same to the Town Board; and be it FURTHER RESOLVED, that the certifiedcheck is to be cashed and placed in a Trust and Agency Account. Please contact this office if you have any questions regarding the above. Ftruly yourlowrs, Bennett Oski,:Jr. `C1 Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. ��® Gy P.O. Box 1179 Chairman �t Town Hall, 53095 State Route 25 CD y Z Southold,New York 11971-0959 RICHARD CAGGIANO W- 1-11 WILLIAM J.CREMERS AL4 Telehone(631) 765-1938 P KENNETH L.EDWARDS aJf�� Fax(631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2002 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, adopted the following resolution: RESOLVED, that the Southold Town Planning Board accept the certified check numbered 67466750 as a performance guarantee applied to the revised bond estimate, dated June 4, 2002, in the amount of$60,425.00 as determined by the Town Engineer and recommends same to the Town Board; and be it FURTHER RESOLVED, that the certified check is to be cashed and placed in a Trust and Agency Account. Please contact this office if you have any questions regarding the above. Very truly yours, s Bennettlowski, Jr. Chairman O�gUFFO(,��OG mT ELIZABETH A. NEVILLE _� 'y� Town Hall, 53095 Main Road TOWN CLERKy P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 0 � Southold, New York 11971 MARRIAGE OFFICER .fi �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �0� ��� Telephone(631) 765-1800 FREEDOM OF.INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 738 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7,2002: RESOLVED that the Town Board of the Town of Southold hereby accepts the certified check No. 67466750 from North Fork Bank in the amount of$60,425.00 as a performance guarantee applied to the revised bond estimate for the completion of roads and other improvements in the proposed minor subdivision"Baxter Sound Estates"located at Cutchogue, =f , New York, subject to the approval of the Town Attorney, be it further Elizabeth A. Neville Southold Town Clerk i I "flu„ p^,' aA'esbfi ',�, n;,. � NOV 14 2UUZ SoutholdTown planft 'scard, LAW OFFICES WICKHAM WICKHAM & BRESSLER,P.C. 10315 MAIN ROAD, P.O.BOX 1424 MATTITUCI LONG ISLAND MELLVILLE OFFICE ERIC 1..BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 LYNNE M,GORDON --- MELVILL.E, N.X. .11747 JANET GEASA 631-298-.8353 ---- TELEFAX NO.631-298-8353 631-249-9480 WILLLIAM WICKHAM(06-02) FAX NO.631-249-9484 October 31,2002 Attn:Mark Terry Southold Town Planning Board y� 0 P. O.Box 1179,53095 Main Road - Southold,New York 1:1971 Re: Baxter Sound Front—performance bond cJ �,�xFGt9� Dear Mark: We enclose a$60,425.00 certified check payable to the Town of Southold to bond the subdivision improvements. Please deliver to the Town for its acceptance as a cash bond. In addition,we enclose the following checks payable to the Town of Southold: • .$ 1;.0,000. —Park and playground fee; • $ 3,625. —Administration fee. We have,recorded the Covenants and Restrictions and have received the LIPA easement from LIPA and are having that recorded also. In addition,we are still awaiting the Article 25 permit. As soon as the LIPA easement is recorded,the liber and page of that document and the C&R's will be noted on the map, which we will have resigned by the Health Department and Forwarded to you for the Planning Board's signature, We trust we will,have the DEC permit by then. Thank you for your assistance. Very truly yours, Abigail A. Wickham AAW/dow encl. 1 � `k 301shdtpb cc_ Catherine Mesiano "011O r+LT c U $ I southold Town LAW OFFICES / r/ WICKHAM, wICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 :WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM - SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK11747 JANETGEASA TELEFAX N0,.631-298-8565 631249-9480 TELEFAX NO 631-249-9484 'October 10,2002 I Attu:Mr. Mark Terry Southold Town Plamting Board Post Of ice Box 1179 53045 Main Koad Southold,New York 11971 Re: Baxter Sound Estates—DEC Article 25 Permit Dear Mark: All paperwork has been submitted in connection with the above matter, and a response is expected. I am advised that Lot 1 has received a letter of non jurisdiction. Very truly yours, w a G / t Abigail A. Wickham AAW/dm 30/shdtph I� 11 >I iiN� �i I Southold Town 'II plarinina Board r RaiO!%—_7P F-f<_M; —_ 50:.653 36' P:2,3 4OIWAM, 4UI€"RIIAlbf S.RRESSl. %,P.C. P.0 Box 3424, 103 i 5 Main stand,Mattituek,hew York 11952h 1 % Phone(633)295-5353—Fax(631)298-8565 172x No__ LA PC Rc r I #oft, s'scnolu coyeYslne t; i i7ais ftwmMission ooutai information con5c'c atial and/ar lci,ally pnayslcbed. it is intended for use ori by the pm7wn to whom it directed.`If you have received t1aa telcpopy in urrors please notify,vs by tolephone isnnaediately so tlxYt wv(=arrange for;the xetM of the,documents to ns at no cost tra you. Imps indicnied, "Iea.c uilf as snon as possible a,the mac A=milue sced alv%,c. 1 i i -- 7 ' -20132 ,3r4 FR. M � 10:75531 6 P:2,3 r LAW I-1 HUS WICKKAM, LWICKII-tiM< bRESSTIR,P.C. ! Ix1315 mAm ri( A3 „O [d6X 1424 MATIJ.UV-N,LUNq,ISLAND NIELVILLF 01TICE IC`F ERFC313kaSSLK *z,,.u`.YCRx11454 X7,5 U116A? "N HD I A3 WAILIA.WICKNAM +. SI113EII I - LYNNE M.litlUON Ninvu.1 F, N,Y •11747 7ANE'I C,I.r+SA 631-2nA1x53' S -- iLLEFAxm' 6 1 '-8193 631-239-mu {L. YYd,LLLIA of�:'ti)hIlRM(7G-027 4 PAX NO.639 839 Cts, d 06"" icer 7,'2£162 h y Ann; h,iar'k ferry Squf;anld TownFlaci Roard Post Office Box 1179 � lmair,,itt3at! SQudwIdj New York 11971 � Re: Ba�ter Sound Front—perfnrxnanceltndd i Dear"Y10": c�xz ao�t; is a copy of the Town boarJ,res;o!Lt,trz i faxed yi u zast wbek winch 111th Im s°,hdt"cash"is ucczptablo, 110wever, Betty Norville,,etre s mclear on ht{a this Aiould be �randled,and I would appry`r�-iate the Plaint ij Boa,3',iving her some direction. propwe to furnkil to dlic Town>saard a ha ik e :rul ed ehei.4k Q37 official hank check it r ehe amount of the bond payshie :o the Tos 1x vt Soutrold,alnd will request a Town Hoard resnf xtion zicccptinQ this as the bond, i tmst Lhis iti acceptaW. The other fm will be Haid at ihe same time,. Picase 4sk the Plarning Riard if thoy have any cnminct3 tS to nrocedurc. j Wary tndy -,oius, A AbLail A. Wick:bim A,"iss';fn7c . 301zh:1lpsY. �. \ a cc: Rct+y.Ncvillc, T)wr CIeark Greg Yzi:wbosxi",Fa+.l_,Town Attc�rrtey , 70:76`: i36 ;p;&'3 rD,1: Our / TOkn 53095 Road' i �z,'>5 `s,T1±�tlt � . 4 IdnU, Mrau,, xr,%VlvCURK 1"d, rk 4iFrH`TRAR OF Wr*L.rIATJ � �3vu1ho9d,N) !8orm'I;U97] / � .Fac 1]6l 7�s-3a TeidpN��tteo(526) 7651 s ! OFFICE OF rRE',T WN' CLERK TQW,4 OF Si77Pe°ROLL7 THiS IS TO ClikTIFY THAT THE FOLL41WING ftESPLUTIQM WAS. AaQMD BY THE S06TOOLD TOWX BOARfp Af A RF..GUL#K'ME&mr, Hua,om J 11L11` so, 1991: RLSOLVED that the Town hoard of the 'Town of Southold heroby orders . . that, effactive., iwanedlately,; passbooks Shall \ `,a$ be accepted as a performarvue band for any ra4ovn Whatsi+evnr. x9,16; Town of Southold will rawly aa`mpt cash, Letters of Credit,, or`), ftrforinarke Bands from a roc rslarc( ba�d3nc eornpany_ , � ascfldl T. erry _] Southold Town Cleric August 7, 11991 SUFFO(,� PLANNING BOARD MEMBERS DSA CD BENNETTORLOWSKI,J �� l/y P.O.Box 1179 R. Chairman < Town Hall,53095 State Route 25 y x Southold,New York 11971-0959 RICHARD CAGGLANO W - r'► Telephone(631) 765-1935 WILLIAM J.CREMERSFax(631) 765-3135 . KENNETH L.EDWARDS MARTINSIDOR_ PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jamie Richter/Town Engineer From: Mark Terry, Senior Environmental Planner Date: September 11, 2002 Re: Baxter Sound Estates SCTM#72-2-2.1 The Planning Board has issued Conditional Final Approval for the above project on August 12, 2002. The latest map,planting plan and covenants and restrictions are enclosed. If you have any questions please give me a call at extension 243. / Bei ve�✓I �� J° - s `7 oWT DECLARATION OF COVENANTS AND RESTRICTIONS ' DECLARATION,made the day of 2002,by William J.Baxter,Jr. and i ?' Jane P. Goeller,residing at 6915 Harbor Circle,Sailfish Point, Stuart,Florida 34996,hereinafter 1 referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue,Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and u WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as"Minor Subdivision for Baxter Sound Estates",as prepared by Joseph Ingegno,Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS,for and in consideration of the granting of subdivision approval,the j Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Offence,and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE,THIS DECLARATION WITNESSETH: AU6 2 22002 8outholdTown Pfo It � That the Declarant, for the purposes of carrying out the intentions above expressed,does hereby make known,admit,publish, covenant and agree that the premises described in Schedule "A"annexed hereto shall hereafter besubjectto the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs,executors, legal representatives,distributees, successors and assigns,to wit; 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2(the Gallagher property), shall have aright of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shalt include the turn- around umaround area at the southwesterly comer of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter,Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense,in common with the Gallagher property,one-third of such expense to be attributable to each lot. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal;and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications,in good condition. The maximum speed permitted for the driveway shall be 15 mph,or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. i 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 i shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by r Samuels and Steelman dated July 17,2002,or as otherwise amended by the Planning Board if I ' requested by the owner of the Lot,and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 8. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Banter,Jr. Jane F.Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: j On the day of in the year 2002,before me,the undersigned, a Notary Public in and for said State,personally appeared William J.Baxter,Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument,the individual;or the person or entity upon behalf of which the individual acted,executed the instrument Notary Public STATE OF CALIFORNIA, COUNTY OF ss.: On the day of in the year 2002,before me,the undersigned,personally appeared JANE BAXTER GOELLER,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of County of State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) DECLARATION OF COVE&AMLAND RESTRICTIONS DECLARATION made this 151- day of /10IZ-11 1991, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant"; WHEREAS,, the Declarant is the owner in fee simple of a certain parcel of land situate-at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072, Block 2, Lot 2.1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds )istrict description of which is shown on Schedule A attached hereto _000 and made a part hereof, hereinafter referred to as the Section 172;00 "premises". tlock WHEREAS, the Declarant intends to subdivide said )2.00 premises for residential purposes and desires to subject of +02.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, Mr - natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of NAR 81991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning �Q h� Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to X11 1 contain not more than two (2) lots or parcels, rb� n '� I � 1 49 Co NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the f ' covenants, conditions and restrictions hereinafter set 1 forth. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. J 2. Clearing and grading within each lot shall be 1 limited to that necessary for siting and constructing a house with the intent. of preserving as much of the natural vegetation on the site as possible. -Limiting clearing and grading will minimize runoff and erosion. 3. No new structure or sanitary disposal. facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4. Access to the beach down the face of the bluff shall be only by means of a suitable 2��tM structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure- proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be . modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. 5451 Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and w year first above written. r BA$ ER OP TIES,,, INC. By: _22 2W9252 SCHEDULE A { ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and state of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swiatocha,; running. thence North 41 degrees 49 minutes 00 seconds West, and along said mentioned land a distance of 1837.08 feet to the ordinary highwater mark of bond Island - Sound:; running -thence an a course North 71 degrees 39 - minutes= 4;0; seconds East measuring 224.88 feet, along the ordinary h glivFater mark of Long Island, sound to land= now or formerly* of ki4hael, 6a lagher; running thence South 47 degrees- '0,0 minutes 40 seconds East, along the said last mentioned; iand; a, distance of 609,79 feet,; running thence North 51 degrees 44 minutes 30 seconds: East, still along said lash a00n 't_pned land;, a distance of 70.96 feet; running then North`47 degreea' X16 minuies, 40 seconds T4est, still along sec last mentioned land, a d1st*nce of 58:2.85 feet to ordin ester of Lang Island Sannd; running thence on a rse r ' 71' degrees 41 min}1tep EasL measn.ring 130.De, deet, Tong the :ordinary ] igh a ex to la's now, or £orY of Eley 0 , C , running tiieCe. youth' 4 degrees 0 �s: 41� seconds .Eat and along ;$d last 4ttt%©neo land, a ��stsaaa a of 5 .2 feet to a lros�?t, Runni; , thpnce Soli 5� deg s 23 ninu es 30 secontl�'Wgst and' aAbnq- said 1a4t, 1#gotpIdn .land a distance of 134A e._4 to" a point, r)sn1PR n tierce South 31 degrees 32 mx� tis 00 sedls West as ,s .:altg sass lust mentioned of $' �t to a pait; ihencerunni '- � 51 lees 44 mji uy es sends tjTeet a distance o 8:35 feed, thence ung dutbL 47 deg#es 49 minutes; t a distapps of 1 0& set to the ` rtherly life o ` gon Road; running Ed4th $2 degxZs 44 minutes fonds wqA a dace 'irf 20:.28 feet to the point of", eginning. BAXTERS2 1429P9253 , - STATE OF NEW--YOM) (M1-VC11C-1 y _ SS. : pas LoC COUNTY OF FV 2 c�) On this day of ((CurC� IQgi in the year 1991 before me personally came to me known, who, being by me duly sworn, did depose andsay that he/-G - resides at No, that helsher is the Rlr-51 - of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument; that it was soP4C� y order of the Board of Directors of said corporation, and b that he/-P e signed his/-her- name thereto by like order. �JatlfiRy �u 13" C s — w a i 6, Hd 61 6 0 �nW z W, ,r � Town,Hall. 53095 Main Road P.O. Bost 1179 Southold.New York 11971 + 1 TELEPHONE (516)765-I938 PLANNING.BOARD OFFICE TOWN OFSOUTHOLD NEGATIVE DECLARATION DATE: Dctober 16 , - 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION• Baxter Properties, Inc. F SEQR STATUS: f Type I t Unlisted II, CONDITIONED NEGATIVE DECLARATION: YES NO DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 5.022 acre parcel into 2 lots. This minor subdivision is located at Cutchogue. SCTM #1000-72-2-2. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed 00 .- and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is, assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Melissa Spiro, Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning. Board L: fCHOGiJE FIRE DISTRIC � CViplOfiVf N'f� TCuichdgug; N.Y. elephaDe 11935 (516)734-6907 F.D. February 21, 1990 Mr. Bennet Orlowski, Chairman Southold Town Planning Bd. Town Hall Southold', N.Y. 11971 Ref;Baxter Sound Estates Dear Mr. Orlowski, Reference the above properties, it is the opinion of this board that a new fire well be placed as marked by an % on the enclosed drawings. The Fire Well is to conform to our specifications and be equipped as follows; 1, 20H.P. , 3 Phase, Submersible pump capable to deliver 400 GPM at 10 PSI discharge at center of tee at top of well. Pump shall be of submersible turbine type, equipped with grease packed bearings in bowl assemblies. The bowls shall be of a smooth finish design to guide the water from one stage to the next witha minimum of turbulence. 2. Top of the well is to be finished off with an 811 x 4" well seal. 4" galvanized tee and plug, and 4" x 4-1/21, solid brass ferrule and cap. The hose threads and hydrant wrench nut shall conform to the standards of the Cutchogue Fire District. Due to the location of the well the Fire District will require that an easement be made to facilitate the access and maintenance of the Well. If you have any questions, please advise. Very truly yours �Mathew J. M tinqR T y Secretary mjm/enol. 1� FEB 2 B 191 l j� a ice"� '•'1 �a{�_'�' { '•. � :e '.` 4Yi A, t w,3a' f .. a a Aw ,� r ~ :t �-.--�..."_^..�+T.--.�..+� V' .er t � �• 4q _ In lag TytY' Y �•��. IIt ia Lav x � r 1 A NOW S3j y , : � • )SIT J /�4 Y t+n IS17 f $ SV6F LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND NEW YORK 11952 MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I I LYNNE M.GORDON 63[-298-8353 MELVILLE,NEWYORK 11747 JANET GEASA TELEFAX NO.631-258-8565 631-249-9480 TELEFAX N0.631-?49-9484 August 22, 2002 t Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Rea Baxter Sound Estates Dear Mark: In connection with our meeting today, enclosed is the revised Declaration of Covenants and Restrictions. Please note the addition of paragraph no. 7 per your request. I will have the C&Rs signed and recorded, and the recording information noted on the map. This is to further confirm that you will ask the Town Board to consider approval of the bond estimate and fee at their August 27, 2002 meeting. Very truly yours, r Abigail A. Wickham AAW/dme 1 end 30/shdtpbl cc: Pat Moore with complete copy Gary Olsen with complete copy i 23 20 a DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made the day of 2002,by William J. Baxter,Jr. and Jane P. Goeller, residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 14996,hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor, and to be filed in the Suffolk i County Clerk's Office; and WHEREAS,for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS;the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns, to wit: € 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of i Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter,Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense,in common with the Gallagher property; one-third of such expense to be attributable to each lot. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing; plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17,2002, or as otherwise,amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are Iocated outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism. 8. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of thePlanning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Baxter,Jr. Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: 1 y On the day of in the year 2002, before me,the undersigned, a Notary { Public in and for said State,personally appeared William J. Baxter, Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF CALIFORNIA, COUNTY OF ss.: On the day of in the year 2002, before me, the undersigned, personally appeared JANE BAXTER GOELLER,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of County of State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made the day of 12002,by William J. Baxter,Jr. and Jane P. Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart,Florida 34996,hereinafter referred to as the Declarant. WHEREASthe Declarant is the owner of eertain real.property situate at Oregon Road, F Cutchogue,Town of Southold,County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1,and WHEREAS,the Declarant has made application to the Planning Board of the Town of s kSouthold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates",aspreparedby Joseph Ingegno,Licensed Surveyor,and to be filed in,the Suffolk County Clerk's Office and WHEREAS,for and in consideration of the granting of subdivision approval,the t F Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE,THIS DECLARATION WITNESSETH: �DID,- Ta Z AUG 2 2 2002 Southold Town j That the Declarant, for the purposes of carrying out the intentionsabove expressed, does hereby make known,admit,publish,covenant and agree that the premises described in Schedule "A"annexed hereto shall hereafter be subject to the following covenant which shall ran with the land and shall be binding upon all purchasers and holders of said premises,their heirs,executors, legal representatives,distributees, successors and assigns,to wit 1. Lots i and 2,shall share a common-driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map, The owner of the property now or formerly of Gallagher located between Lots 1 and 2{the Gallagher property),shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1,and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter,,Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, in common with the Gallagher property, one-third of such expense to be attributable to each lot. Maintenance shall include filling,pot holes and irregularities as needed;periodic scraping or resurfacing;plowing. for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications,in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. Y 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and.Steehnan dated July 17,2002, or as otherwise amended by, the Planning Board if requested by the owner ofthe.Lot,and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with constriction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material, 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are Iocated outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229, page 24 remains in full force and effect, except as specifically modified by this Declaration. 8. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WMREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written, William J. Baxter,Jr. i Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK,ss.: On the day of in the year 2002,before me,the undersigned,a Notary Public in and for said State,personally appeared William J.Baxter,Jr.,personally known to me or proved tome on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the,instrument,the individual, or the person or entity upon behalf of which the individual acted,executed the instrument. Notary Public STATE OF CALIFORNIA,COUNTY OF ss.: On the day of in the year 2002,before me,the undersigned,personally appeared JANE BAXTER WELLER,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of County of State of California Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) 1 fit` P Y PLANNING BOARD MEMBERS �0$pFFO(,�c� P.O.Box 1179 BENNETT ORLOWSKI,JR. Chairman Town Hall, 53095 State Route 25 C#3 = Southold,New York 11971-0959 RICHARD CAGGIANO 0 Telephone(631) 765-1938 WILLIAM J.CREMERS ?: • O�� Fax(631) 785-3136 KENNETH L.EDWARDS ��l .�O ;. MARTIN SWOP,JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD I August 13, 2002 j` Abigail Wickham, Esq. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms, Wickham:. The Southold Town Planning Board, at a meeting held on Monday, August 12, 2002, adopted the following resolution: The public hearing was closed. WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 Zoning District where Lot 1 equals 3.24 acres and Lot 2 equals 1.41 acres; and WHEREAS,this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991;and WHEREAS, the Planning Board had determined that the prior subdivision approval had expired; and WHEREAS, a new application has been made; and WHEREAS, the Zoning Board of Appeals determined on January 24, 2001 that the original variance of September 16, 1988 (Appl. No. 3744)was still valid; and WHEREAS, the Planning Board has determined that since the two applications were identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 18, 1991, the Negative Declaration is still valid; and WHEREAS, the Planning Board granted sketch plan approval on the maps dated December 20, 2000; and WHEREAS, the Planning Board was concerned about the potential of erosion of the bluff from construction practices; and — -- - WHEREAS,Mr. Thomas Samuels, a registered Architect submitted a letter,dated July 1 8, 2002,to the Planning Board stating that the soil properties are "perfect bearing for typical 1 W wide reinforced spread footings". Further„Mr_ Joseph Fischem, PE, submitted a technical,report titled Baxter Sound Estates Minor Subdivision Analysis and Conclusions for the Effect of Residential Construction on the Adjacent Bluff which does not,identify arty potential serious erosion concerns; and WHEREAS, the Planning Board has required that the applicants provide a planting plan, dated July 17, 2002, for the face of the bluff to further minimize the potential of erosion; and WHEREAS, each owner is responsible for preventing storm-water runoff onto neighboring properties and down the face of the bluff-, and WHEREAS, the Declarants shall acknowledge in writing to the Planning Board that the creation of this subdivision in no way commits either the Town, County of Suffolk or State of New York to any program to protect this property from the bluff and shoreline erosion through the construction of engineering or other works; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated April 10, 2002, subject to the following conditions. These conditions must be met within six (6) months of the resolution: 1. The filing of the Declaration of Covenants and Restrictions outlining erosion control measures with the County Clerk's Office prior to any endorsement of the final plat dated April10, 2002. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded document. 2. The Planning Board reviewed the park and playground requirement As per Section 106-38 of the Subdivision Regulations, the amount to be deposited with the Town for park and playground services is now$5,000 per lot for each vacant lot in the subdivision. A Park and Playground Fee of$90,000 will be required prior to any endorsement of the subdivision by the Planning Board. 2 3. The submittal of a performance bond in the amount of$60,425.00 and an Administration Fee of$3,625.00 as revised by the Town Engineer on June , 2002 and accepted by the Planning Board on June 10, 2002,` 4. The submittal of a permit or letter of non-jurisdiction from the Department of Environmental Conservation for any action within their jurisdiction prior to the issuance of a building permit. h ease.con oc s o ice you ave any ques ions regar ing e a ve_ Very truly yours, V Bennett Orlowski, Jr. Chairman cc: Patricia Moore, Esq. Catherine Mesiano, Expeditor Building Department i 3 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGATLA,WICKHAM SUITE I II LYNNE M.GORDON 631-298-B353 MELVILLE,NEW YORK 11747 JANET GEASA TELEFAX NO. 63.1-298-8565 631-249-9480 TELEFAX NO.631-249-9484 August 9,2002 Mr, Mark Terry Southold Town Planning Board Il Post Office Box 1179 53095 Main Road ;Southold;New York 11971 r, - Re; Baxter Sound Estates Dear Mr, Terry: Gail asked me to send you the enclosed revised covenants. She has not yet reviewed the changes, but will call on Monday to discuss any revisions. Very truly yours, Allison M. Latham Paralegal 0 Iza 'tv AUG SaMhold Towt lan 56120 1 1 � � DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made the day of 2002,by William J. Baxter, Jr.and Jane P. Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart,Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road; Cutchogue, Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as "Minor Subdivision for Baxter Sound Estates", as prepared by Joseph Ingegno, Licensed Surveyor, and to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and that bluff protection measures be implemented during and after construction,and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH. That the Declarant,for the purposes of carrying out the intentions above expressed,does hereby make)mown, admit,publish, covenant and agree that the premises described in Schedule "X' annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, I legal representatives, distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly j boundary of Lot l as shown on the map. The owner of the property now or formerly of i, Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense, in common with the Gallagher property, one-third of such expense to be attributable to each lot. Maintenance shall include filling pot holes and irregularities as needed;periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications,in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. The Gallagher property shall not be required to share the cost of snow removal if the residence is not occupied during the period when snow removal is required. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17,2002,or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting I together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. The Declaration of Covenants and Restrictions dated March 1, 1991,recorded in Liber 11229,page 24 remains in full force and effect, except as specifically modified by this Declaration. 8. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. r , . C IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. William J. Baxter, Jr. Jane P. Goeller STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the day of in the year 2002,before me,the undersigned, a Notary Public in and for said.State,personally appeared William J.Baxter,Jr.,personally known to me or proved to me on the basis of satisfactory evidence that ie executed the same in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of f which the individual acted, executed the instrument. Notary Public STATE OF CALIFORNIA, COUNTY OF , ss.: On the day of in the year 2002, before me,the undersigned,personally appeared JANE BAXTER GOELLER,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of County of State of California. F Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) CL STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W.MONTAUK HIGHWAY•HAMPTON BAYS,NY 11946•(631)728-9480.FAX(631)728-9484 August 7, 20 1 4 Lark & Folts Attorneys at Law I 28785 Main Road P.O. Box 973AUS 12 2002 CutcF)ogue, N.Y. 11935 Sp1AfhOIL{TOViIl7 Re: Gallagher Residence PlanOna BOW Oregon Road, Cutchogue Review of Bluff Dear Mr. Lark: As per your ,request 1 have reviewed the Sound front bluff along the Gallagher and adjacent properties. It is my understanding that the property to the west of the Gallagher Property is to be developed. It is my opinion that this development will need to be limited in order to limit damage to the bluff. My findings are as follows. 1 . The cliffs along the properties on both sides of the Gallagher Residence are excessively steep, well over a stable angle of repose. I was able to see active erosion in many areas of the cliff. I believe that this erosion is partially from water seeping from the face of the cliff. We have had a soil boring completed on the Gallagher property. This boring has confirmed our suspicion of a layer of clayey soil below the surface. Any water percolating through the soil will run into this layer, causing the water to run laterally. Once the water reaches the side of cliff, it will run out and down causing erosion. 2. The high water mark, known as the wrack line, is very close to the bottom of the cliff. Any storm event will erode the bottom of the i cliff. A property to the east of• the Gallagher property has a timber { bulkhead at the base of bluff. We can see that the section of cliff I along the properties in question has eroded further back than at the protected area. To help stabilize the existing slopes I would suggest to incorporate several r restrictions in the development of the properties. c! j I' i 1 . Any development should be restricted to the existing 100 foot setback requirement. The property,in this 100 foot setback should be planted with natural vegetation that does not require watering. 2. The property at the top of cliff should maintain the existing slope away from the top of cliff. Any surface water should be directed away from the cliff. we would ideally like to have the water directed to a sand drain. A sanddrain is effectively a shaft of sand that would allow surface water to run straight down to groundwater levels. A contractor would remove any impervious soil from the shaft, replacing it with Mclean sand, 3. The toe of the cliff should be protected with a timber bulkhead. This bulkhead would protect the toe of the cliff from wave action. In our case minor storms will erode the base of the bluff. This will complete my report. Please review the photographs n comments attached. Sincer ours, S L. Maresca P.E. i PHOTO #1 h �• i l �a�r'`��i a � ��'f�.a tM� � '+ +i7+l�r'3�.\�' 'eT'i',yd•k� F iJ �,�C�T Fo �'�4•F�y,,�� ktk r' •�s �,;a # s' �'T� a: �'P!!�5 y �vM arY FeJ`n yk'N'�!y Y' n,r .1 IN��'�, h,a��as,�wT�a F �;w A Abp ° 'w+1� 1 1Y�� �J a�•^ i •yrl�Rso< ,•� w w.. P� . sti ,,,,. 'A^3^ ! rs� e i ', y �y, [+' eyrf[itj A ir + 'fs '.'R 7 •"�:/T' �r+.rt�A'¢r' �' 1w rK , 4a a '. f. P30 P \P F •,A9 a5Y Sy, fya" } .r�'44'$y 1 M P S'..T YMFla,'•V EFif i K . r • ma.Se�J•t.'.'�a:n a# . 1':�....r.�" .v.A+S.�....]`7� . ... ..", .r ......v°a .�.,..F � _.,a " ,. ..,�rs.r,. gView of the cliff fronting the Gallagher property looking west. Note the amount of erosion for all of the properties to the west. I, ,i I y 'i a PHOTO#2 y: Y r •. + ' r y a a+i 1 Yyp \P l ytN'7o✓r4,k.LtiW sr w,+ ..'S J h7 .ksr dey i pk, J✓ a? �/. 'TkOs M .............. . v es u^� ✓X1v �Y•s q w �' r •, w .`+� k ,+'', p a--s• -,r-:?{ '" '. w.�w..+ tl' ' '"`.� •'7! ws 'rs. it xF-h'Arr' 4 e{'�`Iw' a• �J� }wr .r w a a R. r qT .f••'Vr, ^..$w a,{" G�YV.r:stw r Lr d ,,.a M, �i;R—.44;Ri �w e � �, '$•+p4ylIsr {e<v ys�ai * 'v +C.��'(� � yr �s•�• 4„p(w.iy i° ��.ka. n'�..• n•p � 1 1 J} ', yqL 4�i r4+p71 ,.W ' ,fir !> �fiM� 1 � !y Y •"y'SY �Sof I� I �'ti1�µd v.'Rv�� s r .Ey r•c,,,R,'fi"''M '�ilask"'�'' s� us 1�� 1. .,vT, 'y�"S..�Y""y' c ,e�,,•J� ' � xk%4.y Vw��1 s �'fn*.#v w :.nxn��4u/li`Mi �n �} Ryy,�K_�� ��"��,�k7 ��.�' ..xw' ��1"'..� �r��"� �•. �!, :.•+W w�Y_ Ma' 1 a?-v+,�'� 'Yas'" .�.u'_ `�iW`3w,.il..�:w..•ti L`+i�l � Y"'++.t R �i��.IY?.fiM:.."'il°s._:rJ•".l'_}r'.�� .r�� ^�. tl View of the properties to the east of the Gallagher Residence. Note the timber bulkhead protecting the toe of slope. It evident that the bulkhead has helped prevent soil erosion and has protected the vegetation along,the slope. i, fI F 4f 'i i' j i j' I R L MIRK Al. ,. r k, �zii, -C .- ^;, ` 'r-!., yyy�'y� „a s' ' e- y e s .s� T- YL.,.s, �'' ' +` =-ag :z -`. Rg- ?� s �z 1 s» t a,..x jw �me -r PHOTO #4 H � ti I J ,.....F�'� �'kb {✓(t ', r r�'e' '°" �ey ' ;,,. r a; r h� � i�Yw ", �4^�: . /�� r N1�..t�,�g., `@*�i('43�yM Ylr',d'^u �LV��a �"s�i •���� '��� �`n�•• x�: . � •� w � qg��� 'S'" +r. i rI ypr W arm ym�Y 4 w 9 r U 'i'r � q�f~„° e ,� � ' y�y �'�5'�+4!wr''r y�) y,�S-Stl'; ^L'. �Ytq.�y;�ryA,.�'4'�'aY�! r�, ..., • �'I`��`� a5�! � �� r � R., ' '"��' £� 7 �, a mrd �� t�'w rRr y.,�ier �i�,,Crryy�yyy��`��i• View of the cliff to the west of the Gallagher property f PHOTO#5 1 s ' '• �' >} a /f� a 4,y�xVY vat 1,✓' ! +t4 s yt ,�y�d 4'l- n µ�!! ';}i I .,^ R/a „'v.",,� Y5 4'a P Vii?' • .rll, MAX FH Yea if l � .v ° a ^YJ 6a .s�'a RA �. N•"� 9 s��f�yY'.�!!Mr -, �.�z a g yr•'1D•r M { ve4 wM� :ytih�� yAr d}a4 J ♦ �. r A_ XY Szih'J. rf y ti r,.� w R '� �,W t 7" inn Jt ,,,! t, < } ,..'`N,i e4r •a- F = N1 rWr r. ! FT,+ rJr�{• 9 D ",1� ”` ,. �!, r niA l ri'j f >r ',T'1 � rA�A µ ��'D �r fy�<lss r'Nr F �1 h Y s N � I! �Yny W ^} r4•�v �n f.. L r �R ay , aC �4Yb+ tr s ;a•' wr r $ss t',"5 ! � i w l�•in a''!M, By R,.wh v lkrti4 St,}'Y�Y+3ti `m AI iw�L+•/•. r t `• w# ',1P• c w +A{tF rS"r"�5fi"j"'7'k'• R I%ire ��,,w '�•{,_+rrtl}n �i r..�'S �rY3�� �w,'�.sR+ � ,# s7Y, •;-AL �y ,k±_�Sl:,stks-sv+m J�•n F' x'0. '^:�� � . xy�.r � ' �u f �Fw A sk �' y "yg��' 4it yyy`5 moi: View of the cliff fronting theproperty to the west of Gallagher.. Note that there is very little vegetation on the cliff. This indicates to amount of recent erosion. t feel that the condition of the cliff is very precarious and will not be able to handle the effects of additional development McDONALD GE6SCWVCE .Box 1000 • Southold, New York 11971 • (631) 765-3677 TEST HOLE DATA SHEET Name: Lark Gallagher Surveyor: Location: Cutchogue Tax Map Number: 1000-72-2-1 Project Description: Lot and building Date: 6/26/02 ' 1r Dark brown sandy loam OL r Brown loamy sand SSS 2 Brown fine to medium sand SP 7 ' Brown clayey sand SC ------ 12 ' Pale brown fine to coarse sand SW 2 Water in pale brown fine to coarse sand SW 78' Comments: STEVEN L. MARESCA Consulting Engineer 188 -.07 West Montauk Highway Hampton Bays, N.Y. 11946 TITLE: Professional Engineer EDUCATION: M.S.C.E. Polytechnic Institute of New York - 1977 B.S.CE. The Cooper Union - 1973 PROFESSIONAL State of New York - 1980 LICENSES: State of New Hampshire - 1988 PROFESSIONAL 1985 to Present - Principal of Consulting Engineering EXPERIENCE: Firm in Hampton Bays ' 1976 - 1985 - Staff Engineer for Raymond Technical Facilities - Consulting Engineers 1973 - 1976 - Staff Engineer for Hardesty & Hanover Consulting Engineers PROFESSIONAL Member American Concrete Institute ASSOCIATIONS: Member - National Society of Professionai Engineers Member - National Society of Engineers in Private Practice SUMMARY OF Involved in the Office Design and Field Construction of EXPERIENCE: various construction projects. Approximately twenty five years experience in development of Commercial, Industrial, and Residential Buildings and Marine Structures. PARTIAL LISTING OF PROJECTS: A. Private Practice - Consultant to various Environmental Firms, Architects and local Municipalities on Long Island. These firms have included; Village of North Haven - Village Engineer Inter-Science Research - Environmentalists Chesterfield Associates - Contractors Nagel & Lesser - Architects Michael Graves - Architects Bates & Booher - Architects Cooper Robertson Partners Samuels &Steelman - Architects B. Raymond Technical Facilities - Staff Engineer Responsible for the design and implementation of contract drawings and specifications in the office and on the construction site. A partial list of projects include; Ponquogue Bridge - Hampton Bays Project Engineer . Structural installation and Site Development. U.S. Naval Base - Diego Garcia - Project Engineer Construction of a $400, million,Navai base in the Indian Ocean.. Project had consisted of Docking and Freight Facilities, Ship Repair facilities, Housing, and Air Fields. Hood Canal Bridge Seattle;, Wash. Project Engineer Design of Floating Bridge structure 6000.' long C. Hardesty and Hanover - Staff Engineer Analysis and Inspection services provided for various Government agencies. Work consisted of the design and inspection of Bridge and Marine Structures. 'i i tiUG- -200? 12.0 F FRO TO:7653136 P:1/2 LAW GFFICG$ WI(:b:I ANI, WTCKIIAM&AkESSLBR, P.C. 1031.5 MAINROAD, P.O.JIM 1424 V,'(f.l.l A—N,j WICKSiAM(ff 6.02") MATMI LICK.LUNG 1SLAIM) mr.11VIIALE GFFICE FRIV T• HRESSLIUR NFW Y()1tK 11.952 275 PROAD 11011,0W RD A310Ail,A- WCCKi+AM SUITE' 11 WIMLLF; N.Y. 41747 LYNNE M,GORDON 631 5$-$3S3 -- t,ONUGEASFw. 631-249-94&0 . FAX NO-6:'11-2249-94$4 tAuguA 7,2003 Ann: Mark F=3t Soalhoi,a Town Pla ring Board Post(-Itricp-Box 11.79 5305; la a Road Southold,Ivvw York 1197-1 Re. Baxter Sound E: aces Clear IO4'ark: solre I've vyc"'c not a^ie to mt.ct today, 1 enclose a zopy of the relevant page ol'the onveraniS and l�siri;aic117s r�vLae:3 in accordance with a4sr discussions. dithlxe xr� alddisioxaA ciuiiications or revisions, I will discuss thclu wvilh you Friday. Very truly Yours. Abigail A. Wickllarla �^--. .a43Yahrc enk>" 3lflsiadtE,Lt cc: Pat Meorc with complete copy r Southold Town fWUG-7-2002 12:05P FROM: TO:76S3.w p:2i2 . Nlu stairs shall be emied on the bluff area of either Lot without permits required rrom all rpplicable agencies and rut idzipal autlwriries having.iurisdiction over tho bluff area. $. ----4-. That ion For a uildinu ucnKit for a s tole family residence an Lot 1 m Lot 2 shall be issued unl¢s,5suGh application includes rovisian for the installati_Qgof i hiirff-,abaazwca€sn,'atadscar-u oi.the bluff xIOL co, saEa lot in au.or6mcz wv Uh 31 ur Lhlnhn Pigg treJ ared bn' SaTmtls and SteeLmdn dated Jttiv i7,2002,or as otherwise aicndmd b t he,P +nc"srr 3 lrci 71'rM ttesiia$v th Hien owna of tiie Lot,and until the Plxrai ng Board apprt:vcs e ecbedulc for planflnc anci implementation•of t1w Bluff Planting r'tan coordiraled di+fi _uuatruction on t1w lot. No Cemsicata of Occanancv shall be issued tnr such residence witil the ct,dzuletion or such planting together,,?ith such measures as the > P4tutriny Board_nav r u::irc t ensure establishment anti maintenance ofthe plant { matartll. 7 55 No structure$are to be located within thn 100 foot ser-back frmri the tap of the bluff unless approved bathe Planning 13oaxd. d_'==:trees which are located outsiuc of the footprint of the building em�eLtr -whii; rs cFLc � Wer than 6 inches diameter imasured at breast height my be removecl_prior tc approval of the Planniyy�Bnard1_ a 754:These covenants and restrictions can be niodifwd only at the raqucst of the then ovvnler of ei th4r lot with the approval of a majurity plus one of the Flamini;Fac>a d of the Town of Snutliold of r a nolle heatrri Vine- pertyowner ai'the other int in the subdivision shall he { antfthd to raotice s:ach puma haaring hue his Consent tea such rr(tdiIlcat;on sbz l not be required. i IN VVI TNESS W HL1dGUF,the Declarant above ntuned has execulod tic foregokig Dcclan)tnnn-Lht�ay Curti year first above wz=tte.:. j, LAW OFFICES WICKHAM, WICKHAM &BRESSLER, P.C. 10315 MAIN ROAD, P.O.BOX 1424 WILLLIAM WICKHAM(06-02) MATTIT'UCK LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW'•YORK: 11952 275 BROAD HOLLOW RD ABIGAIL,A-WICKHAM SUITE 1:11 ---- MELVILLE N.Y. 11747 LYNNE M.GORDON 631-298-8353 ---- JANET GEASA TELEFAX NO.631-298-8565 631-249-9480 FAX NO,631-249-9484 1 - August 7, 2002 Attn: Mark Terry sF a Southold Town Planning Board . Post Office Box 1179 AUG U tj 2#U2 rs"' 53095 Main Road Southold,New York 11971 SO hold To �3t Re: Baxter Sound Estates !` ' I Dear Mark: Since we were not able to meet today, I enclose a copy of the relevant page of the covenants and restrictions revised in accordance with our discussions. If there are additional clarifications or revisions, I will discuss them with you Friday. Very truly yours, Abigail A.Wickh�� AAW/dmc encl. 301shdtpbl cc: Pat Moore with complete copy 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. 4. ---4.—That no application for a building permit for a single family residence on Lot 1 or Lot 2 shall be issued unless such application includes provision for the installation of f bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting PIan prepared by Samuels and Steelman dated July 17,2002, or as otherwise amended by the Planning Board if requested by the then owner of the Lot,and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot, No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board_may require to ensure establishment and maintenance of the plant material. 5. No structures are to be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the footprint of the building envelope whichis cute greater than 6 inches diameter measured at breast height may be removed prior to approval l of the Planning Board. i 7-54.These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be entitled to notice such public hearing but his consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. I' DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of 44 ' 1991, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner in 'fee simple of a certain parcel of land situate-at Cutchogue, Town of III Southold,, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, k - Section 072, Block 2 , Lot 2 .1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds ' District description of which is shown on Schedule A attached hereto ?' 1000 and made a part hereof, hereinafter referred to as .the Section 072.00 "premises" . Block WHEREAS, the Declarant intends to subdivide said 02.00 premises for residential purposes and desires to subject Lot 002.001 said premises tocertainconditions, covenants and 1 restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent 1 ' overcrowding and to conserve the groundwater resources of MAR $ 1991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the 1 ` subdivision of the premises as a Minor Subdivision, to c7 'Contain not more than two (2) lots or parcels , d 1-6 ���n Ili29NOAI 9 NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2 . Clearing and grading within each lot shall be limited to that necessary for siting and i constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing r and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the 'i bluff as shown on the map. 4.. Access to the beach down the face of the bluff shall be only by means of a suitable 122 9250 structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure- proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. 1251 - '122�? Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed. - this Declaration of Covenants and Restrictions the day and Year. first above written. BAXTER P OP TIES INC. By: '�✓i�frGPrYrT � ��'.i Pres 111224"K252 . SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, i County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swlatocha,; running thence North 47 degrees 49 minutes 00 seconds°West and along said mentioned land a distance of 1&37.08 feet to the ordinary highwater mark of Lond Island - sound; running thence on a course North 71 degrees 39 ' mixtuteso. seconds East measuring 24 88 feet,. along the ordinary taigAwater mark of Lond Tslapd, sound. to 'land now or formerly of,i6c aea Gallagher; rutin=ing thence South 47 degrees 05 minutes 40 seconds East,, along, the, said last mentiorxed,;lac1, a distance of 609.79 feet; running thence North. 51 degrees 44 minutes 30 seconds. Rest, still along said last mentioned land,, a distance of 70.96 feet; running theme North 47 degrees 06 mingtep 4,0 seconds West, still alpng said last mentioned land, a distance of 58 .85 feet to ` or3naryiigigiate}r mark of Long Island Sound; run thence on a course $1, 71 degrees 41 minutes 'East measuring 13;0 08, feet, along the ordinary higxwa r- to land now or foirfserly of .Wslay Simci3t; runnilvg-Ghee, South, 47 degrees 06 minutes 40 seconds East and along said last mentioned land a distance of 552,.22 feet to a,' p4,int Runni thence Soil". 51 degrees 23-mi4utes 30 sero d,& West and along: said last mentioned land a distance of 18.6p5: €eet to a point; running thence South 31 degrees 32 mi?-utes 00 seconds West and still along said last mentioned lands a distance of 16. $3 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326.35 feet, thence running South 47 degreea 49 minutes 'East a distance of 112 .08 feet to the northerly line of Oregon Road; running -- niece South 51 degrees 44 minutes 30 seconds west a distance of 20. 28 feet to the point or place of beginning. BAXTERS2 112M`253 STATE OF MEw Yoplq CoYY�C /GCt 1 1 SS. : r 0C" COUNTY OF,cjQ �) UU 1 On this /S' day of "'D rCh in the year 1991 before me personally came to me known, who, being by me duly sworn, did Adepose and say that he/-ske- resides at No. that he/-sb�,-- is the fISI - of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument; � U� ^ •=s µ that it was so PXP�Lly order of the Board of Directors of said corporation, and that he/s e signed his/he-r- name thereto by like order. �_,, /n� ' pal1.� �n9CL'Yr ILL `_ po , fox � q?�/ na " 51 6 Submission Without a Cover Letter Subject: �c�G� 4G1� i sCTirr : i000- Z -Z - }�JArer Date —,.,J Comments. JUL 3 2t�st Southold Town PI" nig 4 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. t��' ��. - P.O.Sox 1179 Chairman ® Town Hall, 53095 State Route 25 wZLLLAM J.CREMERS40 Southold,New York 11971-0959 KENNETH L EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. °�°�� Q�.. � Fax(631) 765-3136 RICI-LARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 30;2002 Ms. Abigail Wickham 10315 Main Road P.O.Box 1424 t , Mattituck,New York 11952 Re: Baxter Sound Estates SCTM#72-2-2.1 Location: Cutchogue Zone: R-80 Dear Ms. Wickham: The Planning Board has reviewed the above application and materials submitted during the July 8, 2002 and July 29,2002 work sessions. The following determinations were made: I. The map dated March 10, 1987 shows the test hole south of the proposed lot. The soil profile indicates sand and gravel to 14.9 feet,coarse sand and gravel to 17 feet and ground water at 62 feet. { 2. A test hole to the east of the property indicated the soils as sandy loam to L5 feet, sandy } loam to 4 feet, sandy loam with traces of clay to 5 feet and clayey sand/heavy gravel thereafter. 3. The current survey references the test hole on the survey dated March 10, 1987 as described in(1). The Suffolk County Soil Survey identifies the soil types for the parcel as Plymouth Sandy Loam 0-3 percent slopes (PIA), Plymouth Sandy Loam 3 to 8 percent slopes(P1B), and Dune Land (DU). PIA and P1B soils are indicative of moraines and outwash plains. The hazard of erosion is identified as slight;the soil tends to be droughty. In the western part of the county the soil is used mainly for housing developments. The soil type DU or Dune Land is typically found along the Long Island Sound. The soil is only suitable fox Wildlife habitat or recreation. The soil should be stabilized and left undisturbed. Structures placed on this soil type are subject to damage by storms and erosion. The face of the bluff and an undefined percentage of the lots westward are comprised of this soil type. Without further soil surveys,it is difficult to determine how much of the each soil type is located within the building envelopes,however,based upon map cross-referencing,it appears that the building envelopes are located on vegetated,P1B soils and no hm tations are apparent. The letter from Thomas Samuels submitted to the Planning Board on July 8,7002, states that the soil properties are "perfect bearing for typical 16"wide reinforced spread footings" In addition, the technical report submitted by Joseph Fischetti, PE titled Baxter SoundEstates Minor Subdivision Analysis and Cpnclusionsfor the Effect of Residential Construction on the Adjacent Bluff does not identify,any potential serious erosion concerns. Based upon the information provided,the Planning Board has no further concerns regarding the overall composition or erosion properties of the soils if all proposed mitigative measures are employed. As we discussed,the Planning Board is requiring the implementation of the bluff planting plan titled Baxter Sound Estates dated 7/17/02. Implementation of the planting plan and installation of all plant material will be complete prior to the start of any construction. f . To further minimize erosion, Covenants and Restrictions(C&R's)were filed on March 8, 1991 by the applicanbto;minimize potential adverse impacts related to the project(attached). The ` C&R's were designed to minimize disturbance to vegetation hence soils and topography. The following C&R's currently apply to the proposed action: "limits of clearing to that necessary for the siting and construction of a house with the 1' intent of preserving as much as the natural vegetation as possible. Limiting clearing and grading will minimize runoff and erosion". k "No structure with the exception set forth in Paragraph 4 below(Low impact access to 1 the beach)shall be constructed or otherwise located between the high water mark and the 100 foot setback from the top of the bluff as shown on the map". "No grading within 50 feet of the bluff..clearing within this area limited,to that necessaryfor proper maintenance...obnoxious plant species. Such clearing shall be subject to review by the Town Planning Board to insure proper maintenance and preservation of the natural bluff'.. "No stormwater resulting from development and improvement ...shall be discharged down the face of the bluff' As indicated above, the C&R's previously filed will limit the clearing of the vegetation on site and further prevent the potential of severe erosion. Note,however, despite what the soil survey has outlined as the properties of the PIA and PTB,hard evidence has been presented that the bluff on the northern end of the property is subject to moderate to severe erosion and all measures to further prevent erosion should be applied and enforced. For the reason,the following preventive measures will also be required in the C&R's: 1. Due to the size of the proposed structure, the Planning Board is requiring that limits of clearing be staked and erosion control mechanisms (hay bales)are in place prior to any construction on both lots, i 2. No structures are to be located within the100 foot setback from the top of the bluff prior to receiving Planning Board approval. 3. All large trees (i.e. greater than 6" diameter breast height(DBH)) can only be removed through Planning Board approval as indicated in Craig Turner's, January 31, 2001 letter. 4. Language pertaining to the Planting Plan implementation must also be included. The proposed bi lding on Lot 1 is large. The Planning Board would like to reiterate that clearing of the lots is only permitted for the amount necessary to site and construct a home and thattltis restriction is meant to prevent fire clearing of the entire 1 acre building cnvelo e, One-hundred percent clearing of the building envelopes or clearing the vegetation to accomplish a view of the water would be in direct violation of the C&R's as previously stated above. The DEC issued an Article 25 Permit(10-88-1401) to the applicants in 1988. The following conditions were placed on the permit ' 5 1. "there shall,be no disturbance to the vegetation or topography seaward of the line marked"Top of Bluff'on the approved survey" The Article 25 Permit expired in 1994;the Planning Board is requiring a valid DEC permit or letter of Non-Jurisdiction be submitted to the file prior to final approval. The Long EAF form submitted on October 20, 1988 has been reviewed for consistency to the current application.The Planning Board has determined that no significant changes have been proposed and therefore a more detailed environmental review will not be required. Correspondingly,the Planning Board has determined that the C&R's enacted and proposed coupled with the additional recommendations outlined in this letter will minimize adverse_ impacts to the property. 1 Upon receipt of the above information,the application will proceed to the next step. If you have any questions please give me,a call at 765-1938,extension 243. i Sincerely, ark Terry I Senior En ' on al Planner 7 Enclosure Cc: Town of Southold Planning Board Pat Moore,Esq., Omara Agent Enc. MT/mt SA'4UELSSI-E^MAN Ft5E 01 f,1464=�7 C�l S A M V E L Jc Celt S T E E E M AIN FAX COVER SHEET i RE: .t 2ZeeW Al/ MAIL FOLLOW UP: _ YES VINO FROM; Total 4 of wages including this cover sheet: If you do not receive all cif the Mages, please call as soon as possible. PHONE 631-734.6405 FAX 631-734.6407 252-05 MAIN ROAD, CUTCHOGUE, NEW YORK 11935 ARCHITECTS 25235 MAIN ROAD .ZUTCHQGUE, NEW VQRK 11555 (631J 734-6405 eRH(931 i 734-u4G? 51 5734F_407 SAMUIS'STEELMAN PAGE 52 J f S Y Y M U E L S & T E E L M A N July 8, 2002, Bennett spa jowsM, Chairman Southdd Town Planning Board Town Hall Southold:'NY 11971 Ret BAXTER SOUNC ESTATES 1'4 Oregon Rgad, Cutchogue, NY SCTM # # 0-72.02-p/o 2A Dear Bennett and members of the Planning Soafd, To expand capon my letter of,tune 28 (enclosed) ➢ have reviewed the soil boring report taken in the proposed building envelop on the western parcel, made by Mark McDonald of McDonald Geose ence, Southold (also enclosed) and can confidently assert the following, 1) The subsurface conditions are normal for the area, !.e, the soil consists of sand and silt particles typical for the moraine (bluff) along the Long Island Sound. 2) Below eight feet, the depth of a typical foundation footing, the subsurface consists of"pale brown fine to coarse sand". This composition provides a minimum of 2 tsf(2 tons per square foot), which is perfect bearing for the typical 16"wide reinforced spread footing. 3) No clay was Encountered to 17 feet below grade. Clay could complicate the design of spread faoflnas, necessitating additional reinforcing and larger footings. Clay was not onCOUntered. Therefor, it is my professiionai judgement that the subsurface conditions on the subject parcal are suitable for the construction of conventional single family residences. We have been practicing architects in Cutchogue for 17 years, during which time we have designed many houses along the Sound, and,dozens of houses throughout the Town. We employ the services of Stephen Maresca, PE, of Bampton Bays to review our designs and provide structural sizing. I hope this letter helps you in your determination of the above project. S�ncerrely, Tic a s , GO: ail K vi 0%4ara ARrNiTECT5 25235 MAIN ROAD ���3F .���" ,.r TCHUGI:'E NEIN YORK. tt.9;5 FAX(631)734.W7 3?!�"S'✓,`c'r'�'_7 bio---- 5 r3-E, %�7 GANU`LSSTEELMAN PN33 S A M U E L S A June 28, 2002. S E L M A Bennett Orlowski; Chairman 5ouahold Town planning Board Town Hatl Southold, ICY 11971 Re: BAXTER:SOUND ESTATES 14345 Oregon Rba6, Cutchogue, NY SCTM# 1000.72-02-plo 2,1 4 Dear Bennettwand members of the Planning Board, I i am the architect who has designed a house for Mr and Mrs Kevin O'Mars, who are in contract to purchase the�lwestern lot in the above referenced minor subdivision. I would like to respond tp the suggestion made at the .lune hearing, that the construction of a house eight adversely affect the stability of the bluff facing the Sound. Please nate that the Southold town Trustees have approved our SITE PLAN, which shows all construction located more than 100 feet back from the Coastal Erosion Hazard Line (OEHL), as per their regulations. in their opinion, the chief threat to the bluff is rainwater runoff, large amounts of which would erode the natural contour, The approved Dian shows e non-disturbance.zone at the top of the bluff, natural vegetation will limit the amount of runoff over the edge. Any additional work within 100 feet of the CEHL will require their approval, and will Include sub-surface leaching structures to oontain runoff and prevent erosion. In my professional opinion, the house and pool will not adversely affect the stability of the bluff, The total weight of these structures(including water in the pool)will not exceed'the total weight of the material excavated for the foundations, 1,0. there will be no greater load,imposed on the site by the O'Mara ,project. Please consider this in your review of the application. Sin R ED rs o, n ma muel iil Kevin O'Mara ARCHITECT5 25235 MAN ROAD CVTCHMC E,NEW YORK 77935 QT3 73444V3 FAX(631)734 6407 i :. 0 r p0H t 22.0 0,i¢G3 b ',,r•opC';�i SfSMUESSTEELMAN PAZE 04 MCDONALD GUOSCWNM. BOY 1000.S vthnld,Naw Y** t i V''^I .(637)765-31 `77 TEST HOLE DATA SHEET ,. Name; Samuel Steelman Wmara Surveyor: Location: cutchogur Tax Map -Number: 1110.6_72-2-2.1 project Description: r rlor r Date: 7/cU 01 I bark brown sandy icaam trL' _ 8rown 10awy silt ML RrOWZ1 clayey Silt Mri Fa1a broc tires to coarse aand SW Comments: 1;0 Water onCOUntered SANJELS5TE'E�LMAN ,. PACE 05 `a a 00 IZZ Ay Ej '+.\ a,.\.`,fit.-•."..'-.,`.'y,\�\ lam. �•. -+:-•. �� ..•. t � N ♦s r � � 1 1 { s k c' _.. __ nep,:.• y t .P,r 4c, fy � � �`p }i G2 J ✓ � "T, 4R r { s C E Ilk I i1; 3 • LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN.ROAD, P.O. BOX 1424 MATTITUCK,LONG ISLAND WILLIAM WICKHAM NEWYORK 11952 MELVILLE OFFICE 'ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM - SUITE 111 631-298-83;5,3 MELVILLE,NEW YORK 11747 LYNNE M.GORDON JAN ET GEASA TELEFAX NO 631298-8565 63.1.248,9480 TELEFAX NO,631-249-9484 July 24, 2002 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates Dear Mark: Enclosed is the Technical Report prepared by Joseph Fischetti, P.E. in connection with the bluff stability concerns. I understand that you have the vegetation/landscaping plan from Torn Samuels which is referenced in this report. This is to further confirm our appointment at the July 29"'work session. I will speak to our environmental consultant regarding the Article 25 permit. Please advise if you require anything further. Very trill yours, Abigail A, Wickham AAW/dmc encl. 301shdtpbl ,LUL 2� 2�ut SoutholdTown TECHNICAL REPORT BAXTER SOUND ESTATES Minor Subdivision ANALYSIS AND CONCLUSONS FOR THE EFFECT OF RESIDENTIAL CONSTRUCTION ON THE ADJACENT BLUFF PREPARED FOR Gail Wickham,Esq. Main Road Mattituck,NY Submitted by Joseph Fischetti, PE Hobart Road/PO Box 616 Southold,NY 11971 (516) 765-2954 Page 1 of 7-July 22, 2002 INTRODUCTION This report will describe why the proposed minor subdivision and the subsequent construction of two single family homes and entrance road as shown on Minor Subdivision map prepared by Joseph A. Ingegmo will have no detrimental effect on the adjacent bluff. QUALIFICATIONS Joseph Fischetti, PE is a professional engineer licensed to practice in New York State. Mr. Fischetti has been in private practice since 1976. Mr. Fischetti has a degree of Civil Engineering from Villanova University in Pennsylvania. He also has a Masters Degree on Business Administration from Adelphi University. BACKGROUND INFORMATION The location of the property is on the hamlet of Cutchogue in the Town of Southold. The total property consists of 4.653 acres. The property owners have submitted application to subdivide the property into two lots with an access road off of Oregon Road. This report will discuss the effect of the construction of two single family lots and the entrance road on the stability of the bluff. INTRODUCTION Much of the North Shore bluffs are comprised of and underlain by glacial and interglacial deposits of sand, gravel, silt, and clay. Glaciations have sculpted, compacted, transported, and deposited these materials. Shoreline erosion processes have formed the landscape we see today. This landscape is generally characterized by steep, eroding bluffs of glacial and interglacial sediments, and narrow beaches. Page 2 of 7-July 22, 2002 h Factors affecting shoreline and bluff stability operate across a broad spectrum. For hazard assessment purposes, factors needing consideration will vary with location. Along segments of shoreline backed by a sandy beach and bluff, the primary process of erosion is "mass wasting". Others include the weathering processes such as direct wind and rain impacts that result in gradual bluff recession,as in well as episodic slope movement. A distinction between simple shallow sloughing and complex deep-seated land sliding/slumping is usefUl,in this regard.The term landslidmg is generally applied to translational mass movements; or motions that occur along a more or less planar surface. The term slumping is generally applied to rotational mass movements, or motions that occur about an axis Most large mass movements possess both translational and rotational components of motion,however. Mass Wasting; Mass-wasting is the down-slope movement of Regolith (loose uncemented mixture of sand and rock particles that cover the earth's surface) by the force of gravity without the aid of a transporting medium such as water, or wind. When discussing the stability of the bluffs on the north shore of the North Fork, it is mass-wasting or the commonly referred term of landslide that is the resulting action of any instability of the slope, whether it is man-made or natural. What Causes Land Movements? Land movements occur when the force of gravity exceeds the resistance of the slope. 'Three things are considered when determining slope stability. • Composition of Slope Materials • Moisture in Slope Materials • Instability of the Slope Page 3 of 7-July 22, 2002 Composition of Slope Materials: • Steeper slopes remain more stable when composed of larger, angular and flatter materials • If slope material is unconsolidated, it has a greater chance to move • Organic material, such as tree roots,help consolidate materials on a slope and decrease the chance of movement Moisture in the Material: • Moisture lubricates slope materials and lowers internal friction, easily allowing particles to move • Moisture decreases the cohesion of materials and makes soil more susceptible to erosion Instability of the Slope: • Below are listed the angles of repose for three different kinds of materials. If the angle increases above the natural of repose of a slope, the slope will become unstable and will have\ an increased chance to move. Angle of Repose for Various Soil Conditions Dry Sand: 33% Sand and loose gravel 25%—30% Loam: 35%-40% Compacted Clay: 50%- 80% Page 4 of 7-July 22, 2002 The concept of the critical angle of a slope is therefore very important. The critical,angle,(or angle of repose) is a theoretical angle for a given slope, below which the slope will be stable. That is to say, if the actual slope angle is less than the theoretical critical angle,then no mass wasting will occur. And if the actual slope,angle is greater than the critical angle, then mass wasting will occur. The,critical angle,depends on such things as vegetation on the,slope;the type of material on the slope,whether the slope is wet or dry, etc. Triggers that Cause Movement: • Earthquakes o Provide the vibration necessary to make an unstable slope give way • Improper Drainage of Precipitation o Water lubricates the material, making it easier for it to flow o Rainfall runoff from the top of the slope helps erode the slope • Steepened Slope Angles (due to construction, erosion, etc.) o Excavating or building into the side of a hill increases the angle it makes with the horizon, thereby making that angle greater than the angle of repose and creating a condition for land to move o The cutting away of the toe of the slope by wave action. Page 5 of 7-July 22, 2002 Baxter Sound Estates Existing Conditions Having reviewed the Subdivision map for the Baxter Sound Estates project I have calculated the angle of repose of the bluff to be 25 degrees_ The test borings at the site reveal that the bluff consists of sand and gravel. The normal angle of repose for a bluff consisting of sand would be 30 degrees to 35 degrees. The angle of repose for a bluff with heavy gravel would increase the { angle or repose. A bluff consisting of Sand and gravel would depend on the ratio of sand to gravel but would be in the range of 25 to 30 degrees. The existing bluff with an angle o£xepose of25 degrees would mean that the existing bluff adjacent to the Baxter Sound Estates subdivision is at its natural angle of repose and therefore stable. The existing topography of the construction envelopes, slope away from the top t. ,. of the bluff. This condition keeps all rainfall from eroding the bluff surface. Both the construction of the homes and the construction of the entrance roadway will not change the existing topography. Factors in Protecting the Bluff from Instability: 1. The existing bluff is at its natural angle of repose 2. Vegetative planting of the existing bluff to keep stability (Prepared by Samuels & Steelman) 3. The soil make-up of the bluff and construction envelope allows the rainfall to percolate down through to the groundwater without being trapped by any impermeable layers and eroding the bluff 4. The natural topography of the building envelopes flow away from the top of the bluff, eliminating the possible erosion of the bluff face from surface erosion 5. All runoff from the new roadway is retained in underground leaching rings 6. Construction equipment will be more than 100 feet from the top of the bluff not effecting the bluff stability Page 6 of 7-July 22, 2002 CONCLUSIONS The construction of the additional residential homes by the approval of the minor subdivision will not have a detrimental effect on the adjacent sound bluff. The present bluff is in its natural angle of repose is in a stable condition. With the propasedplanting schedule for the bluff face the:bluff face will be protected from future erosion. All surface runoff is flowing away or being retained in leaching rings. It is the opinion of this engineer that the,stability of 11 the bluff will not be compromised by the proposed construction of the two single family Homes and the access road. I, This report of findings submitted this July 22, 2002 SOF NEyy i 0525j4 ti 9dfiEsstONA� Joseph Fischetti, PE This engineering report is furnished in support of the applicant's request for a subdivision of lands located in the Hamlet of Cutchogue, The Town of Southold. Page 7 of 7-July 22, 2002 Al S A M U E L S & Duly s, 2002 S T E E L M A N Bennett Orlowski, Chairman r Southold Town Planning Board Town Hall Southold, NY 11971 1 Re: BAXTER SOUND ESTATES 14345 Oregon Road, Cutchogue, NY SCTM# 1000-72-02-p/o 2.1 r Dear Bennett and members of the Planning Board, To expand upon my letter of June 28 (enclosed) I have reviewed the soil boring report taken in the proposed building envelop on the western parcel, made by,Mark McDonald of McDonald Geoscience, Southold (also enclosed), and can confidently assert the following: 1) The subsurface conditions are normal for the area, i.e. the soil consists of sand and silt particles typical for the moraine (bluff) along the Long Island Sound. 2) Below eight feet, the depth of a typical foundation footing, the subsurface consists of"pale brown fine to coarse sand". This composition provides a minimum of 2 tsf(2 tons per square foot), which is perfect bearing for the typical 16" wide reinforced spread footing. 3) No clay was encountered to 17 feet below grade. Clay could complicate the design of spread footings, necessitating additional reinforcing and larger footings. Clay was not encountered. Therefor, it is my professional judgement that the subsurface conditions on the subject parcel are suitable for the construction of conventional single family residences. We have been practicing architects in Cutchogue for 17 years, during which time we have designed many houses along the Sound, and dozens of houses throughout the Town. , We employ the services of Stephen Maresca, PE, of Hampton Bays to review our designs and provide structural sizing. hope this letter helps you in your determination of the above project. Sincerely, T o a IsGu+ cc: ail K vi O'Mara 0 $ �( ARCHITECTS 1 las 25235 MAIN ROAD qr $ �-+ CUTCHOGUE,NEW YORK 77935 sootboldTowng- v (631)734-6405 planning Boor FAX(631)734-6407 S A M U E L S & June 28, 2002S T E E L M A N Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: BAXTER SOUND ESTATES 14345 Oregon Road, Cutchogue, NY SCTM # 1000-72-02-p/o 2.1 1 Dear Bennett and members of the Planning Board, I I am the architect who has designed a house for Mr and Mrs Kevin O'Mara, who are in contract to purchase the western lot in the above referenced minor subdivision. I would dike to respond to the suggestion made at the June hearing, that the construction of a house might adversely affect the stability of the bluff facing the Sound. i Please note that the Southold Town Trustees have approved our SITE PLAN, which shows all construction located more than 100 feet back from the Coastal Erosion Hazard Line (CEHL), as per their regulations. In their opinion, the chief threat to the bluff is rainwater runoff, large amounts of which would erode the natural contour. The approved plan shows a non-disturbance zone at the top of the bluff; natural vegetation will limit the amount of runoff over the edge. Any additional work within 100 feet of the CEHL will require their approval, and will include sub-surface leaching',structures to contain runoff and prevent erosion. In my professional opinion, the house and pool will not adversely affect the stability of the bluff. The total weight of these structures (including water in the pool) will not exceed the total weight of the material excavated for the foundations, i.e. there will be no greater load imposed on the site by the O'Mara project. Please consider this in your review of the application. Si ®" c h ma mue cs�qj ailL a , Kevin O'Mara FQF hEW ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 77935 (631)734-6405 FAX(631)734-6407 ,1W MCDONALD. , GEOSCIENCE Box 1000 •'South6ld, N6w York 11971 •(631) 765',0617 T�STiEYL'ED%\T�I:ShIEET Name: amo3. o ° . SurVOy6r: ; Location ,' Cutct oi;i Ta�Map'Number t#� 2- PPoject Descnptigr' Date,, 416iol hrow 1: sandy, icaare flZg 3ror>n 10a4y silt ML 2ro *t c agrey silt H 14 Yl( " 3 �9 ti. -Palobrotm: fine �o coaggo sand - st3 a19e I Comments: Vit?. wrater,.enclomnter6d p' ' Test bolo boritzg.>;$2` tt 4 i 6 Submission Without a Cover Letter Serener: c�aTYLC lQ C f bpm e Subject: Lqalr� JU6ddv:510n SCTM#: 1000- 7,-; - ;7- a. / 3 Date: 7 - f 7—OZ- Comments: - OZ-Comments: JUL 112002 Southold Town BOR-rd PLANNING BOARD MEMB911S RENNETT ORLOWSKI,JR. Gy P.O.Box 1179 Chairman _p_ < Town Hall,53095 State Route 25 y. ar Southold,New York 11971-0959 WILLIAM J.CREMERS KENNETH L.EDWARDS ' Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. � Q� Fax(631) 765-3136 RICHARD CAGGIANO Q,( PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road,west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, July 8, 2002, adopted the following resolution: WHEREAS,the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 and A-C Zoning Districts; and WHEREAS, several items remain outstanding; be it therefore RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed subdivision application for Baxter Sound Estates. The next regularly scheduled Planning Board Meeting will be held on August 12, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, nnett Or ows i, Jr Chairman p�0 COG b -PILL ELIZABETH A. NEVILLE _� Town Ball, 53095 Main Road TOWN CLERK co P.O.Box 1179 REGISTRAR OF VITAL STATISTICS Q Southold, New York 11971 MARRIAGE OFFICER .hiL �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER. -'/0� ��... Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ' THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.405 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD i ON JUNE 18,2002: 4 RESOLVED that the Town Board of the Town of Southold hereby approves the reduction in J the amount of the performance bond to $60,425.00 for the Minor Subdivision "Baxter Sound Estates"Iocated on the north side of Oreton Road,west of Bride Lane, CutchoSue, SCTM# 1000-72-2-2.1 and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby approves the administration fee for this minor subdivision in the amount of$3,625.00 as determined by the Town Eueineer. Elizabeth A. Neville Southold Town Clerk i I I I i mT S A M U E L J l e`2$,'2002 , °= � w,ar:,i Y h• y a 'i. ILS? 'c ..( ,iy r< i, o� Bennett Orlowski, Chairman South old`Town,Planning'iBoard Town Hall ';. . . Southold, NY 11971 Re; BAXTER SOUND ESTATES 14345 Oregon Road, Cutchogue, NY SCTM # 1000-72-02-p/o 2.1 Dear Bennett and members of the Planning Board, I am the architect who has designed a house for Mr and Mrs Kevin O'Mara, who are in contract to purchase the western lot in the above referenced minor subdivision. I would like to respond to the suggestion made at the June hearing, that the construction of a house might adversely affe'ct1he stability of the bluff facing the Sound. r I At Please note that the Southold Town Trustees have approved our SITE PLAN, which shows°all.construction located more than 100 feet back from the Coastal Erosion Hazard Line (CEHL), as per their regulations. In their opinion, the chief threat to the bluff is rainwater runoff, large amounts of which would erode the natural contour. The approved plan shows a non-disturbance zone at the top of the bluff; natural vegetation will limit the amount of runoff over the edge. Any additional work within 100 feet of the CEHL will require their approval, and will include sub-surface leaching structures to contain runoff and prevent erosion. In;my professional opinion, the house and pool will not adversely affect the stability of the bluff. The total weight of these structures (including water in the pool) will not exceed the total weight of the material excavated for the foundations, i.e. there will be no greater load imposed on the site by the O'Mara project. Please consider this in your review of the application. Sincerely, fhomasjC. Samuels " kt cc: Gail Wickham, Kevin O'Mara SoutholdTown ARCHITECTS Plefdiftclrd 25235 MAIN ROAD - CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 i r STEVEN L. MARES CA CONSULTING ENGINEER I88A7 W.MONTAUK HIGHWAY•HAMPCON SAYS,NY 11946+(631)728-9480-FAX(631)728-9484 June 19, 2002 Lark & Folts - Attorney at Law P.O. Box 973 Cutchogue, N.Y. 11935 Attn: Richard Lark Re: Gallagher Property Oregon Road Review of Cliff Dear Richard: As per your request I have completed a preliminary site investigation of the Gallagher Property and the properties to either side. My findings are as follows; The. Gallagher property sits along the Long; Island Sound shorefront. The existing residence is situated behind a 70 foot high cliff. There are signs of current erosion along the north slope of this property as well as the two adjacent properties. Any development of the properties must take the condition of the cliff into account. I feel that a series of recommendations should be made to help limit the amount of erosion. By this letter I am requesting that two soil borings be taken on,the Gallagher property. One each side of the property, towards the north side of the property. The borings should be taken down to groundwater to identify the soil type and probable,percolation of the soil. I will visit the site again to provide a, more detailed analysis of the situation: My final report will be completed by mid August, 2002. Please forward any further information as it becomes availa e. Sinc ell y urs, .syr: v L. ares a P.E. 400 612D02 o ofdT ' PLANNING BOARD MEMBEASO�VFFO(�C - BENNETT ORLOWSKI,JR. �� .. �G P.O.:Box 1179 Chairman y Town Hall,53095 State Route 25 11 WILLIAM J.CREMERS � ` Southold, New York 11971-0959 KENNETH L.EDWARDS w Telephone(631) 765-1935 GEORGE RITCHIE LATHAM,JR. Oy ® �� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville/Town Clerk From: Mark Terry, Senior Environmental Planner l Date: June 17, 2002 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road,west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Please find the attached revised bond estimate for Town Board consideration. e PIANNING BOARD MEMBERSa�®gVFFO(�c� r:o. sox 1179 Chairmany� Town Hall,53095 State Route 25 z Southold,New York 11971-0959 WILLIAM J.CREMERS. vs KENNETH L.EDWARDS v. Telephone.(631) 765-1938 GEORGE RITCHIE LATHAM,JR. G� • �� Fax(631) 765-3136 RICHARD CAGGIAN4 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June11, 2002 i E i I Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, June 10, 2002, adopted the following resolution: WHEREAS the Cutchogue Fire District has released the applicant from a fire well requirement; be it therefore RESOLVED, that the Southold Town Planning Board accept the revised bond estimate in the amount of$60,425.00, dated June 4, 2002, as determined by the Town Engineer and recommends same to the Town Board; and BE IT FURTHER RESOLVED, that the Southold Town Planning Board recommends acceptance of the administration fee of$3,625.00 as determined by the Town Engineer and recommends same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MMMBIO BENNETT ORLOWSKI,JR. ® � P.O. Box.1179 Chairman ®�e oG Town Hall, 53095 State Route 25 WILLIAM J. CREMERS. _ %, Southold,New York 11971-0959 KENNETH L.WWARDS o - Telephone (631) 765-1938 GEORGE RITCHIE.LATHAM,JR. y Z Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 11, 2002 Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, June 10, 2002, adopted the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 and A-C Zoning Districts; and WHEREAS, several items remain outstanding; be it therefore RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed subdivision application for Baxter Sound Estates. The next regularly scheduled Planning Board Meeting will be held on July 8, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. truly your , t } nnett Orlowski, Jr. Chairman (;uaJ JOSHUA Y. HORTON ��° °°y JAMES A. RICHTER, R.A. SUPERVISOR 60 i ENGINEER TOWN HALL - 53095 MAIN ROAD . TOWN OF SOUTHOLD,NEW YORK 11971 Fax (516)-765.1366 -q0 �a° TeL(516)-765-1560 OFFICE OF THE.ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE fNXTER'SObNDWrATES OREGON ROAD,CUTCHOGUE,TOWN OF SOUTHOLb DATE ' February 12,2002 Revised:June 4, 2002 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 1,200 C.Y. ROUGH GRADING/SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 3,600.00 . DRAINAGE 2. 7 EACH CAST IRON INLET GRATE&FRAME 500.00 3,500.00 3. 885 V.F. 8' DIAMETER LEACHING POOL 250.00 22,125.00 4. 30 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 750.00 5. 2,500 S.Y. FINE GRADING 1.50 3,750.00 , SURFACING 6. 140 C.Y. 3/a"STONE BLEND WEARING COURSE 135.00 18,900.00 7. 2 EACH STREET LIGHTS ITEM DELETED BY PLANNING BOARD 3/15/02 8 720 S-Y. TOPSOIL&SEED 7.50 5,400.00 9. 2 EACH STREET SIGNS 200.00 400.00 10. 70 EACH STREET TREES ITEM DELETED BY PLANNING BOARD 3/15/02 31. 1 EACH FIRE WELL ITEM DELETED BY PLANNING BOARD 4/15102 j 12. JOB MAINTENANCE & PROTECTION OF TRAFFIC 2,000.00 BOND ESTEVIATE TOTAL $ 60,425.00 6% ADMINISTRATION FEE $ 3,625.50 lUtoa ftU&WdT OWFF Board.=. : E, LAW OFFICES WICKHAM, WICKHAM&BRESSLER,P.C. �0 10315 MAIN ROAD,'P.O.sox 1424 8' ; 1 WILLLIAMWICKHAM MATTITUCK,LONG ISL`AND MSLVILL+'OFFIE' ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE t 1I ---- MELVILLE, N.Y. 1I747 LYNNE M.GORDON 631-298-8353 - JANET GEASA TELEFAX NO.631-298-8565 631-249-9480 ; . FAX:NO.631-249-9484 I ; June 7, 2002 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 f Re: Proposed Minor Subdivision of Baxter Sound Baxter Estates SCTM#1000-72-2-21 SEQRA Completion of Revised Environmental Assessment Form Section D.Informational Details and Water Supply Narrative Gentlemen: The following information is submitted in response to the above Narrative Request: 1. Explanation of existing site use, etc. The existing site contains two vacant parcels, subject to final Planning Board approval. Each parcel is proposed to be developed with a single family residence and accessory uses. Private sanitary systems will be provided on each parcel per Suffolk County Department of Health Services (SCDHS)requirements and approvals under H.D. Ref. #S10-99-0010, and the approvals for each lot. Water use will be domestic only, 2. Water Supply. Each lot contains a private well which has been tested by SCDHS, which has required the filing of private well covenants, copy attached. The nearest public water main is at Cox Lane and Oregon Road, but is not available for hook-up to this !' project. Suffolk County Water Authority letter dated May 24, 2002 is attached. Adjacent private wells are located on the Gallagher property located between Lots 1 and 2, and on SCTM# 1000-72-1-1.10,each serving a single family residence. 3. Public Water. See Item 2 above. Southold Town Planning Board -2- June 7,2002 4. Private Wells. Water supply was approved by SCDHS on April 19, 2002 (as shown by stamp,on proposed map).. Test well results on water quality are attached to the Covenants and Restrictionsenclosed; Well specifications are attached. 5. Water Conservation Measures. a. Drought tolerant plants will be utilized for landscaping. This is further indicated by the sandy soil. b. Lot owners have been advised that native vegetative buffers on and along the bluff will be maintained as established plantings not requiring irrigation to maintain, or as otherwise required by regulatory agencies having jurisdiction:. C. The Ce,are no dedicated open space areas. d. 1Zoof ruaoffwill be contained in drywells. The property is relatively level, so rainfall I which falls on non-built areas, which encompass most of the property, which be recharged into groundwater through natural seepage to the water table. 6. Verification. I certify that the information provided above is true to the best of my knowledge. A r Applicant/Sponsor. - Abi'ails A. Wickham AAW/dmc encl. 30/shdtpbl s The lundersigned, Chairman of the SUFFOLK COUNTY WATER AUTHORITY, i hereby certifies that at a meeting of the Members of said public-benefit corporation,duly called and held at the Authority's principal office on Sunrise Highway at Pond;Road,. Oakdale, County of Suffolk, New York, on May.21, 2002, the,following resolution was adopted and that same is in full force and effect: j (231-05-2002)WHEREAS,the Town of Southold,endorsed a Water Supply Management& Watershed Protection Strategy in June 2000 and adopted a map entitled 'Locations of Existing Water Mainsand Potential Future Water Mains Relative to Protected Lands Within Southold Town,and i WHEREAS, the Water Authority's water system in the Town of Southoldis currently at ifs capacliybasedupon existing customers and commitments to suppiypublia water;and 4 WHEFIF,AS,the Water Authority needs to develop both,a short and long term E plan formaimaRingand providingadependablepupplyofhighgeralilydrinking niaterwifhin + the Town d SbVfhold to meet the tequftergeft of the Town of Southold's water supply strateg'andiri4 andthe requirements ofpubri�ealfli wfthintheTowo;now theYefore be it RESOLVED„That a six-mond planning moratorium on new hookups to to Water Authodtylsystem in the Town of Southold is hereby adopted gndor wh[ch no newcustomers shalllf 3e perm ttpd�to hookup tc th0•Water Authority public supplysystem except d¢be ! asprovideow. 17uringthusn . ., t`, , f °:. n ,'.v. ..u.. I' " developedfortrfaintaimngandprot n .;' 1 !:.:, r ,i •iu :::.i.: r:. ii:, .,;n °. .. ..•rt rv.• in .ora, n.' .r:. �: •Scr:ri, ui:ia i l . , p d + rn, : requirements of public health with the Town: oTallypermittedinthetoilowmgrcircunrstances- L fir.' n "u ••• ,�, r:.,:, '. '.•:lutltoritysrifGltargeunrtractor .1 in have notyettadameterset or sor Il. Existing improved premises where a private well goes bad; Ill. Sitigleapprovedtots withaletterfromtheWaterAuthorityindicating the 4lab�lity of water for a newboogup and that have amown of Southgid Building Permit dated on or before May 21„2002; IV. Sztbdivisipns and projects outside the Village of Greenport that peeApasly contracted for public Water from the Village of Greenport; V. Subdivisions with final approval from the Town of Southold that had the iss a of public water supply arialyzedi::as part of the SEQRA review prcess of the subdivision approv t and that were issued of letter from tf d Water Authority indicating thy Ova l8lility of waterforthe subdivision, VI. Situations where an extreme hardship is demonstrated. W I T N E S S my hand and seal'of the Authority this 2e day of May, 2002, at Oakdale, New York. i% q'LGAL/�r-L�rR�t Michael A. LoGrande, Chairman (SEAL) 1 .2 3 M • , r Number of pages 1 0"1 j _j,C:. .4ov 01 09,04- 17 ;4 TORRENS EAbjar r ri,.aL 'ne CLERK 6F 1 Serial# cjJFFOLK _•,rUNT Certificate i Prior Ctf.# i j Deed Y Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps, FEES Page/Filing Fee © Mortgage Amt. _ Handling 1,Basic Tax _ TP-584 2.Additional Tax Notation Sub Total _ EA-52 17(County) _ Sub Total 3' N Spec./Assn, Or EA-5217(State) Spec./Add. _ RP.T.S.A. Z/_ �y� TOT.MTG.TAX _ Dual Town Dual County Comm.of Ed. 500 .;, Held for Apportionment Affidavit _ + d Transfer Tax _ Certified Copy / Sf��� 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 _. YES orNO GRAND TOTALall If NO,see appropriate tax clause on page# of this instrument. o , Real Property Tax Service Agency Verification, 6' ,'Community Preservation Fund Dist. Section Block Lot Consideration Amount S I PRIVATE WELL COVENANTS DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by BAXTER PROPERTIES., INC. , a New York corporation having its principal place of business at (no#) Elijah's. Lane, Mattituck; NewYark 11952E this - day, ofJu 2001, hereinafter referred tows the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES), desires to restrict the use and enjoyment of' sa,id PREMISES and has for such purposes determined to impose on said PREMISES covenants andlli"estrictions and does hereby declare that said PREMISES shall be heldlid shallbe conveyed subject to the following covenants and restrictions: 1. WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as. the DEPARTMENT) for a permit to construct„ and/or approval of plans for a single family,residence, a 1 : subdivision or development or other construction project. on the PREMISES', and 2.. WHEREAS, the PREMISES are to be served. by an individual on-site private well; and WHEREAS, the test wells sampled for the PREMISES indicated groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of New York and contained excess of the following: Total Nitrates exceed New York State guidelines for potable water. A complete list of analysis results is attachedhereto as Schedule C, and each chemical parameter which exceeds 60% of the acceptable level is.. - indicated with an asterisk; and WHEREAS, the County of Suffolk Department of Health Services has agreed to issue apermit only if there be a record covenant that the necessary water conditioning equipment be installed so as to meet the quality standards for drinking water; it is DECLARED and COVENANTED by DECLARANT, their heirs or successor and assigns forever, that no residence upon the above described property will be occupied prior to the installation of the necessary water conditioning equipment so that the water, when conditioned, meets the said minimum. quality standards for drinking water of the State. of New York and evidence of the. same is furnished to the Suffolk County Department of Health Services for their written approval. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their -' terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local,. state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulationsmay thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a parthereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of i . Suffolk toenforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or anyofficeror employee thereof. 7. These covenants and restrictions shall run with the land and shall be. binding upc6 the D9CLaRANTf it successors and assigns, and upon all persons or entities claiming `Uhder them,. and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. The deplarations set forth in the WHEREAS clauses contained. herein i shall be deemed ano08''nstrx�ed to be promises, covenants, and restrictions as if fully repeated and set Borth herein. 9. If any .section, subsection, paragraph, clause, phrase or provision of these covenants anti restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a. whole, or any other part or provision hereof other than the part so adjudged to be .illegal, unlawful, invalid, or unconstitutional. 10. Local Law #32-1980 - The. DECLARANT represents and warrants that he has. not offered or given any. gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing--favorabletreatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. B.AaWPO WESNC.By,: L.S. Pres.- By , res. ByeqJn&el= ��l r Goeller, V.P. i STATE OF NEW YORK: :.ss. : COUNTY OF SUFFOLK: On June 7 , in the year 2001, before me, the undersigned, personally appeared. WILLIAM J. BAXTER, JR., personally known. to me or proved to me on the basisof satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his j capacity, that by: his signature on the instrument, the individual, or the person upon behalfof which the individual acted, executed the. instrument. Signature and office ofindividual taking acknowledgment ABIGAILA.WRCKHAM Notary Public.State of Maw Vesrlc j / No.52-4642571 Suffolk County STATE OF Cah-�L(n i &-' _ �+'onurd8don EXp6o85'marV6.30,A04 /� :ss. : "COUNTY OF Jafj TGA /.36(/ af-ri-- i. ; On June V) , in the year 2001, before me, the undersigned, personally appeared JANE BAXTER GOELLER, p. of proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged tomethat she executed the same in her capacity, that by her signature on the instrument, the individual, or the person upon behalf. of which the individual acted, executed the instrument, and that such _i/n.dividu/al made such app arapce before the undersigned in the City of d,/ a—)t6, &Lr,jat ounty of Q6J%Q (,2r!}�w ,G State of LAN xr1 /Pon.Y�� � o� Signature and office of individual taking acknowledgment (Notary Eublic) forms-c&rhdwtr KAIHLEENKWnENS Corn ss on#1220460 z ed NotlaryPublic-..CaRornia Santa Barbara County MyCorrvn.[x�esPa�y27,33'J3 SCI3EDULE,k DESCRIPTION OF PROPERTY DECLARANT: BAXTER PROPERTIES, INC. H.D. REF. NO. : S10-99-10 All that certain plot piece or parcel of land, situate, lying and being in the Town of OUTHOLD, at CUTCHOGUE, County of Suffolk and State of New York, being bounded and described as follows: <BEGINNING at a point on the northerly side of Oregon Road said;point being distant jgo.00, feet more or less westerly from the northeasterly end of Bridge Lane; THENCE otn,said,point of beginning along the northerly side of Oregon Road, south 51 degrees 44 miin es.30 seconds west,. 20.28 feet to a monument and lands now or formerly of Swiatocha; MTE NCE along saicl,Tapds, north'47,degrees 49 minutes 00 seconds west,, 1785-.43 feet to the p gll.wa ex,l ;of�.' Sound; THENCE along the high water line of Long Island found,xrb 71 eg es 52 mrn}rtes 27 secoltds east,,2241.62 feet;THENCE south 47 degrees = (lasest ast, X7,:!55 feet,. THEElxTCE r�ortl? 51degrees 4�m s 3o seconds 7J)ti T0rrorgt 47 degreeikQo6 minutes 4(3 seconds west 3Ql6 feet to the 7 ttgdf:�s it1 cr 1 Nhe'cif tfile YTcrnrc* TS'ltatd Sound; THENCE along the Mater hne cxf tlie.Ling Is-land Soured, rtortlr 70: degrees 59 minutes 58 seconds east„ 12% � g land, now or form�e-me4 sirmc,hick south 47 agrees 06 rtutauxes+ 4() se`Q6,4s. � 501'.3p Idc t, I I I NC`L:scauth'a l degrocs 2' rninlattes3O seeonds vest, ]t _ • .f3EE�E so 31 d&Cre& 32 .nr-inutes-l-K).). ticcond, west. 16,183 feet; THVFCT south 1 �iee`s Pmindtes 30 sCU011(1s nest. 326,04-6 feet; I'IiiIAC;1•. south 47 degrees 49 minute, 00 secondswast, 112fi.08 a I�rJ�;tcartlu norilic4hrsid s cif()i,cgon Itotrd� the point or}�lacc of'Lil.:Gl1j11\(i. �flil_R �VllJrl 4L) S1lvIiILC.T`to a IIIc of %��t)' alonthe tiou4hcrl} 2(.) feet of p}Lnn, s and:ca�•crTti s�'•ol plV"Inises to Orego,,i00ad, said 1-i0it of *m; h ,ut(),,liaundod and �i." nI�G, gal akpaint on lbe nortlterly side of Oregon load;, s4 ihtt ing distant 1�fIE() �^I.�t,tti(arecsil•loss +�,tcrl.} front the northeasterly etrd I ,�dge+L� ��E fiom s,ttilrc •'iint o+isl`a���;inniitt;;itlon2 Clic northerly side:of©regon32oa�;.scxtth= l deurs44Duntttes I a �c r)uiti avast �20 29 feet%to a monument and lands, nam fo ,br y tr Sw toeha; c 1�11L'�� �'J ktlklnr±±, ,s��id °lands. north 47 degrees 49 >minuts 0ytsexons testy t8 feet; 1, I ,It 't ;.l natiil`a 5d & rocs 44 minces 30 seconds east 'P" nflx. 47 a1ii c` c 0 ]1111111 -QS (--A•Scconds.ga;i. 20.24 feet to the northpi*sta e of' �t a�fornier�y r a . 1 Nts `l tats ;t; 1.11.21- i4 l glom) said lands, the following two 'eoui s artd dthiicck 11 "Obtdi 51 c 61 44 41 miliutc4 i0'acconds.��est. 170.38 feet; 2{) south 47 egxees 49 itunutc; QO spa+nds V�t�t„ 11:2 { (1fi,1iltotlrenurthcrl) 440Or i SCHEDULE B - CONSENT OFMORTGAGEE/LIENOR (NONE) i i i i y F , p fl 4 E F, r surF07at Cork F RI'M$Nt OF iII''ATItB SER4ICE5 - WATER h«+�oIX SZS \ Reggescor Name: C/O WICKHAM,. WICKHAM. & BRESSLER,. PC Request No.: PR99-0233 '.:Cocat do:, OREGON ROAD, CUTCHOGUE Sample Date: 02/02/00 rSample Location: TEST WELL Sanitarian: VERYZER 'Treatment: NONE Field No_: 121-428-00-02-02 Nates: 'symbol means "less than' indicating no detection. mg/L = milligrams per liter: ug/L = micrograms per liter: ' Symbol means level foundexceedsthe maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should notexceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL Results for Sample. Group: ALDICARB PESTICIDES analyzed by Suffolk County Department of Health Services Total Aldicarb (Calc)............. < ' 0,000 7.00.ug/L Oxamyl............. < 6.500 50.:.00 ugyl, Aldicarb............ ............. < 0.500 ug/L Carbaryl........ ......... ....... < 0,500. 50.00 ug/L Aldicarb-Sulfoxide............... c 0.500 ug/L I-Naphthol................. < 0.500 ug/L Aldicarb�Sulfone. .................. < 0.500 ug/L Methomyl..... . ........ < 0.500 50_00 ug/L Carbofuran.............. ......... < 0.500 40.00 ug/L Propoxur (Baygon)----............. < 0.500 50-60 ug/,L 3 Hydroxycarbofuran................ < 0.500 50.00 ug/L Methiocarb... ........_ ......... < 0.500 50 :00 ug/L Results for Sample Group: CHLORINATED PESTICIDES analyzed by Suffolk County Department of Health Services -___---_ alpha-BHC < 0.200 0.20. ug/L 4,.4-DDD........................... < 0,200 50-06 ug/L. beta-",BHC.:......................... < 0.20:0 0.20 ug/L 4,4-DDT........................... < 0.200 50.00 uglt, ;. masa,:B� {LindaneF ....... < 0.200 D 20 u g/L Endrin.... .. ................... < 0.2 0 2.00 gammugfL, da HC. ........:. .......... < 0.200 0.20 ug/L Endrin aldehyde................... < 0.200 50.09 ug✓L Heptakhl.or,. ....:.......... ... c 0.200 (1.40 ug/L Chlordane----..................... < 1.000 2.00:ugv"L.. b Hepta-plildr epoxide.....,... < 0.200 0.20 ugdli Alachlor........ ....... .. < 0,500' 23;)0 ugM- A1dr .. ..• .............. 0,200 50-pq ug/L Metbpxycnior................_ 0_50A 40p0a PPVL.. C�.a d..;••, .............. ... < 0.200. 50 60 vg I& Endosulfen II........... ..... c 6.2010. 2.00[ugfL-: EDdsulf`a'�T ... ............ < 0.204 2-00 ug/L Endo$ulfan Sulfate. , < 0 20:0 YO.,OO,.cig/'L. Da t7 S1; .. ................. < 6.20b 50.00 ug/L 1;2' dubromoethane.......,. .... < 0:02A q�O S,ivg/L. ,rDlh;,„ ----------- .. , < 0,260 50.00 ug/L 1,2. d'bromo-3-dichloropropane__... < 0 02:0 a-Z"j, ugfL. sults. for Sample Group; DACTHAL PESTICIDES analyzed by Suffolk County Department of Health Services ===F=- 7, $tonoy5tecrachloroterephthalate < I0A01) 50,00 ug/L Tetrachloroterephthalic acid.....: < 10.00'@ 50.00: ug/L j -- Results for Sample. Group: METALS analyzed by Suffolk County Department of Health Services Si7.var'i(Agd....................... < 5.000 100.00 u4/LNickel '(Ni)....... ..... ... - 3.030 100_00,ug/L Aluminum. (A1)..................... < 5.000 ug/L Lead (Pb)......... ............. < 1.000 15,00 ug/L rsenic ( s.)......... .......... < 2.000 50.00 ugfL Antimony (Sb)... ... ............. < I-000 6,00,ugJL aaz}ium+ (Ba)... ............ ...... = 78.400. 2000.00 ug/L Selenium (Se) .................. < 2.000 50.0O, ug/L ex71l.jvm (Be).................... < 1.000 4.00 ug/L Thorium (Th)'..... ...... .. .. .... < 1.000 ug/L CzdmimiE (Od)........ .............. < 1.000 5.00 ug/L Titanium (Ti) ................ .... 1.350 ug,(L Cgbalyt {Ctrl........................ < 1.000 ug/L Thallium (T1)........ ....:.. < 1.000. 2.00 ug/L C13 maum, (Cr) .................. 4.060 100.00 ug/L Vanadium :(V)...... ... ........ . < 1 000 ugfL opper, (Cu) .......... < 1,000 1300.00 ug/L Zinc (zn)......................... < 50.0;00, 5000-00 ug/L es1C (Hg) < 0.400 2.00 ug/L Iron (Fe) ............. ......... < 0,%900 0.30.m9dL Mane,5e (Mn.) ... ................. 0.003 0.30 mg/,L Iron Manganese (Combined, Calc). 0 =:3 0.50 mg/L Ol 1,24 (Mo).... ....... ....... < 1.000 ug/L Sodium (Na) .... ............ = 27.2¢40 270-00 mg✓L #= Rzsjjlts for Sample Group: RADIOLOGICAL analyzed by Suffolk County Department of Health Services (� ,r5,ni.am'. .. .......__.,- < 200.000 20000 pC/L P - - Results for Sample Group: STANDARD INORGANICS analyzed by Suffolk County Department of Health Services = ====p== FG_4abL - 6,300. an Ammonia (NH3-N1 ........... ....... < 0.020. mg/L Specific 'Conductivity-Lab......... 451.000 um/cm Nitrite (NO2-N) ......... ... .... < 0.020 1.00.mg/L ' blmride (Cl)........ .... ... 53.000. 250.00 mg/T, Nitrites. + Nitrates (NO3 N). ...... 9300, 10.00 mg/L St'*ate. ('504).... .... ............ = 85.000 250-00 mg/L ' -}= Results for Sample Group:. SEMI-VOLATILE ORGANICS ____ _______ _ ___-- SULTS FOR THIS GROUP NOT AVAILABLE. $esults for Sample Group: SURFACTANTS analyzed by Suffolk County Department of Health Services urfactants-MBAS.. ................ < 0.100 mg/L RESULTS.'CONTINUED ON NEXT PAGE.... SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 1 page 1 of 4 ii • • SDFFOIIC CbVNT1 UEP$'RTMENT'4F HEPSTHSERVICES - WHTSR RNALYS . eques for Name: C/OWICKHAM, WICKHAM & BRESSLER, PC Request No.: PR99-0233 ' cation: OREGON ROAD, CUTCHOGUE Sample Date: 02/02100 '.ample Location.: TEST WELL Sanitarian: VERYZER treatment: NONE Field No.: 121-428-00-02-02 otes: <' symbol means -less than- indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. symbol means level found exceeds the maximum contaminant level (MCL) or action level forlead and copper, oderately restricted i sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. be;MCL for nickel is. a proposed limit. Any MCL's not shown below have not been established. Result MCL Rasa t MMT l ESULTS CONTINUED FROM t{ PRECEDING Results for Sample Group:. VOLATILE ORC94NIC5 analyzed by Suffolk County Department of Health Services hlorodifluoromethane -. < 0.54D 5.00 ug/L Cert-Amyl-Ethyl-Ether. . < 0.500 50.00 ug/L ichlorodifluoromethane............. < 0.500 5,00 ug/L Benzene....... < 0.500 5.00 ug/L hloroethane..... .... .. < 0.500 5.00 ug/L Toluene.......... ................. < 0.500 5.00 ug/L fromomethane........ ......I....... < 0.500 5.p0. ug/L Chlorobenzene..................... < 0.500 5-00 ug/L 1 hloromethaie... < 0.500 5:00 ug7L Ethylbenzene.............. ... < 0.500. 5:00 ug/L. a ricblomflupromethane............. < 0..500 5,00 ug/L o-Xylene................... ...... < 0.500: 5-00 ug/L inyl Chloride.. .. . < 0.500. 2.00 ug/L m-Xylene........... < 0.500 SAO ug/L ethy'lene'Chlorde < 0.500 5-00 u9/L P-Xylene................ < 0-5110h .500 5.06 ug/L .1 Da-chloroe:thaner-. .... < 0.500,. 5.00 ug/L Total Xylenes..................... < 0:500 5.00 ug/L 1rans' S.�2 Dicb3oroethene........,.. < 0.5,00 5-00 ug/i, 2-Chlorotoluene...................- < D.800 . 5.04 aig/L: : lorofOmn ....: . < 0,500 80,00 ug/L 3':-Chlorotoluene ' .. .. < 0.544= 5,00 ug/L. ' ,2 D.ch7.oi'pethane... ..: < 0.500- 5.60 ug At 4.-Chlarotaluene.............. < 0.500 5_0 ' ug/L ,7,1Trrc4lproethane : .. < 6,500 5.00 ug/L T, Chlorotoluene...:... , < 0:Sim 5,06 egjL a'rban Tetcalclxlorxde . , < 0% 00 5,164 ug IL 1.3,5 Trimethylbenzene < 0:500 5.013 ugly. BxdiiYa+2 chtroXde have < a.500 5.W ugly.. 1,2,4 Trimethylbenzene . < 0. 00 5.00 uc/1. ,2 Duf rapraparve . < 0.500 5.00 ag/L M p-DicItIorobenzene... .. . < 0.500 S.bb ug/L. rac&lir pften < 0.500 5.D0 ug/L 1,2 Di+Ckxlorobenzene {oy 0 .. < .500 5.bp ag,/i,. hfarioidilxromoiriethane ..-,1,1,1,1.. < 0.500' BO,by ugn P-Diethylbemene...... ,1,1,1,1... < 0.500 5.0j [lg/L .h �. ._. -- < 0.500 80400 u9/L 1,2,4 Trichl obenze e,... < Q. e6, 5.00 ug1L f n �bD 0 uglL I .r,... .. < 0.500 5.40 ugly: 1.2,3 Tricklorobenaene............ < 0.SAO 5.04 ug'A. % ........ < 0,500 5.00 mg/L £thenylhenzeae (Styrene) . < 0.500+ 5,00 tigh. r=eon:113 .. < 0.500 5.00 ug/L 1-MetliylethyLbenzeme'.: < 0.$100 5.O,G mg/L. y rdmo`7net'ha'n.e... < 0.500 5_60 mg/L n-Propylbenzene .. . < b 5ba' 5.60 ag/L. 1 DmC#Ai1o� ene < 0.500 5.00 ug)% text-Emtyl-benaene < 0-gaol 5.00 ug/L I D' }}��22 'hg, x zone. < 0-500 5.00 ug/L sec dutylbenzene - < 0.500 5-Ob 414; ethane. .......... .. < 0.500 80.6p ugfL ISopx'opyltolilene (Q Cymene) < 0.Sl" 5.010 ugIL < 0.500 . 5.013 ug/L n-B=tylbenzene .. .__...... < 0.�y00 5 DO ug/L 0. 500 0. 90 ng,/L Hexacblorobutadiara............... < 0.50 5.00 u9/L ........ < 0.500 5.6 ug./y Methyl-Tent-Butyl ECher (MTBE).... < 0.500 50.00 a51L 0-500 S.DO mgyh Naphtnadfene;. ...... ............. < 0.'5da 50.0'0 ug/L S . 4 ' ........ < 0.500 5.q0 ' 1' -DRlombune < b '5da 5.00 ug YL ° < 0.500 5.00 ug/L Methyl SulElde < 0 386 0.0u ng& ............ 2,3:' i r4pane ,1.1,1,1..... < 0.5DD 5 ebb ug/L Dimethyl&sultide ......... < 0.'�OD 50.w 4/t quo¢ ......... pane < 0-500 5-U0 ug/L Bromol�enzetre ...... .... < 0.'51b6 5.Dip ug/4, 3 � pane. ...... < 0.500 5.00 eg/L 2-Supkudne (MEK).................. < 26 ,600'. 50.66 mg/L elt}ane ........ .. < 0.500 5 00 ug/T, Tet-n)iydrof5iran... .............. < 2tl.040 SD.ob 4gPL y7. Ether.... ....... < 0.500 50.00 ug/.T, . R 1� I ai '.I if li I it f. SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 1 If page 2 of 4 _ 1 • •� . SUFFOLK 0,z DEPARTMENT OF HMAYTE S=RrrCES - WATEaTB1S Requester Name'; C/O WICKHAM WICKHAM S BRESSLER, PC Request No.: PR99-0233 Location: OREGON ROAD, CUTCHOGUE Sample Date: 11/01/00 Survey #: SV2296 Sample Location: TEST WELL S-116860T Sanitarian: VERYZER Treatment: NONE Field No.: 121-428-00-11-01 Notes: ^< symbol. means "less than" indicating no detection. mg/L' = milligrams per liter; ug/L = micrograms par liter. symbol means level found exceeds the maximus contaminant level (MCL) or action level for lead and copper. Moderately.restricted..sodium diet should not exceed 270 mg/L. Se�vie restricted should not exceed 20 mg/L, The MCL for nickel is a proposed. limit. Any MCL-s not shown below have not been established. �. : Result MCL. Reser. MCL ---- Results for Sample Group ALDICARB PESTICIDES analyzed by Suffolk. County Department.of Health Services Total Aldicarb (cal.)...... - 0.646 7,00'-ug/L Oxamyl............................ < 0,500 54,00 ug/L Aldicarb..... ................. < 0.500 ug/L Carbaryl.......................... < 0.500. 50..00 ug/L Aldicarb Sulfoxide,,._:.._......... < 0.500 ug/L 1-Naphthol........................ < 0.500 ug/L G Aldicarb-Sulfone............. ..... - 0,640 ug/L Methomyl.., ..---................... < 0.500 50,00 ug/L Carbofuran.,...................... < 0_500 40.00: ug/L Propoxur (Baygon)................. < 0.50.0. , 50,0'0 ug/L. k 3-Hydroxycarbofuran............... < 0.500 50.00.ug/L Methiocarb ........ .............. < 0.500 50 00 ug/L f ---= Results for Sample Group:.. CHLORINATED PESTICIDES analyzed by Suffolk County Department of Health.Services alpha BHC..-. . < 0,200 0.20 ug/L 4,4-DDD'........................... < 0,200 50.00 ug/L bete-BEC..... __ < 0.200 0:20 ug/L. 4.4-DDT.......................... < 0.290 50,00 ug/L { gamma�EiiC (Lindane)............... < 0,40. 0.20.ug/L Eadrin.......--. < 0.200 Z_DO rig/r, dll:ta,BHC < 0.280 0.20 ug/L. Endrin aldehyde < 0.200 50_00 ug/L Haptaehlo-p... ..._ < 0.290 0.40'.ug/L Chlordane .. < 1.000 24-00,ug/L Heb6ke for epoxide .... < O-A00 0.20 ugIL. Alachlor.. .......... < 0.5b0ng/L Aadrin ..... < Q,200 50.04..ug/L. MethcXychlor .................. < 0.500 40 00 ug/L Di idriax < 0.IDA 50,90 ug/L. EndostafAn. ii ................... < 0.200 2 00 ug/L r E,'t dakbl{`fan F........... .. .. < 0,Z,6D 2,.'00 ugiL Endosulfan Sulfate.............- < 0. 110 50e.00 uglL; Aa; LzSxaax. ............ --._. < 0. 50{,0& ay+(f. 1 ¢-di -omc< harze__ ... ....._ < 0.0;7yU '0�0FigIL' ......................... < 0.2'&0 50,00 ugIL 1,2-dibromo-3-dichloroPropane..... < G.p20 4 '20.'iiq/L ,I�tesul is for Sample Group: DACTHAL PESTICIDES analyzed by Suffolk County Department of Health Services g Mb53aet, hyltetrachioroterephthalate < 10,000 50.00 ugJL TcLrachloroterephthalic acid...... < 10,000 54R.Dp-tagJL. 6 =- ,Results for Sample Group:.. HERBICIDE *1ETABOLITES analyzed by Suffolk. County Department of Health Services Di#3ealkylatiazine (G-2£273) .... < 0.8$0 50.0(&ug'/L Metolachlor OA (CGA-51202)...... .. - 3.140 56.00 ug/3, Dem sopylatrazine (G-28279) . < 0.260 50.00 ugdL Metolephlor ESA (CGA-354743)...... 3.Sp0 50a 00`)ig/L De e'thk3.atrazane (G-30033)--.... < 0.400 50.04 ug/L Metolachlor metabolite (CGA-41638) < 0.300 50'.00:uq/L x Tmy Faclogrid. ....... .. < 0.2b0 50.00 ugJL Mepto-3-achlor metabolite (CGA-40172) 1 0.300 50,.00 ugfL y A iOrGOA. {Oxanilic Acid) ... < 0.4bQ 50.0,0 ug/L. McEolachlor metabolite (CGA-67125) < 0.,300 50"_00'ugm 1 Al eor,ESA (Sulfonic Acid) .. -- < 0.200 5000 ug/L 2 HydroxyAtrazine (G-34048)....... < 0.306 50'.00,dg/X. Neq, iaphl8r metabolite (CGA-37735) < 0.260 50.00 ugJL -_-- Results for Sample Group: METALS analyzed by Suffolk County Department of Health Services Sihverj (Ag);'. ... .....:.... ...... 5.000 100.00. ug/L Nickel (Ni)............. - 4.040 100;.00 dg'/L A1u`myYipm' 4AI)......... ............ 37.060 ug/L Lead .270 5-00 (Ph) . CC 4imn��Co) . (Pb) ................ jL . 2 1 As) L Antimony .........-.-♦.--- < .900 6.00 g/L (B ............. ...... .. 65.200 2000.G ug/ (Be) 52E . . . ( (Cd).. . S.PO' a . . L .. ............... 1.060 ug/L ThLzum (TS)............ ........ < 1000 .00 tCr Zin ) .......... - 2.000 300.00. ugJL nad(S < 1.00 _ ug/G Cc 7gj= u).. ..,....... - 1.820 1300.00 ug/L Zinc W ).... 60.200 5000.00 ug/L 0.000 2.00 ug/r, e Iran (Fed. - 0.120 .30 mgFL (Mn) 0.017 0.30 mg/L iron + Manganese (Combined, Calc) - 0.137 0 D650 mgr/L 1Toy- (Mol... .... ........... .< 1.000 ug/L Sodium (Na). ....... - 21.400 27&.00 mg/L. - "Al'', for Sample Group. STANDARD INORGANICS analyzed by Suffolk County Department of Health Service's PH':L'3I#I-:. 6.100 su Ammonia (NH3 N) . < 0.020 mgrIL V Spee N Conductivity Lab. 521-000 um/cm Nitrite (NO2-N) .... ,........ < 0.020 1,.00 MWL g e HCl). 49.000 250.00 mg/L Nitrites + Nitrates (NO3-N),...... 12-100 10.tl0aHgJL Su1f (SOQ) ........... 107.000 250.00 mg/Ii RESULTT!CONTINUED ON NEXT PAGE.... x i' y .. SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 2 page 3 of 4 • + • SbFBOLR C 21E2VARTMEXT OF NEAMTA SERVICES 'WATER ANAIiySZS Requestor Name: C/OWICKHAM, WICKHAM & BRESSLER, PC Request No_z PR99-0233. Location: OREGON:ROAD; CUTCHOGUE Sample Date: 11/01/00 Survey 8: SV2296 :'.Sample Location: TEST WELL. S-1116860T Sanitarian. VERYZER .Treatment: NONE Field Do-: 121-428-00-11-01 Notes: < symbol means "less than" indicating no detection, mg/L = milligrams per liter; ug/L = micrograms per liter.. *' symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severeiv restricted should not exceed 20 mg/L. ' The MCL far nickel is a proposed limit. Any.MCL's not shown below have not been established. R It MCL Result MSL. t `.RESULTS CONTINUED FROM PRECEDING PAGE ===== Results for Sample Group: SEMI-VOLATILE ORGANICS analyzed.by Suffolk County Department of Health Services ` Hexachlcrocyclopentadiene_..... ... <. 1.000 .50.00 ug/L Metolachlor.... ...................'< 0.200 50-00' ug/L I Hexachlorobenzene................. <. 0.200 1.00 ug/L Dacthal.............. < 0.7,00 50.00- ug/L ( Simazxne............. .......... .. < 0,200 4-00 ug/L Butachlor.. ........................ < 0.2,00 50.00.ug/L Atrazine. ........ .... < 0,200 3.00 ug/L Bis(2-ethylhexyl)adxp4te ,........ < 0.500 400.00 ug/L Total Tiazines + Metabolites (Cal < 0.000 4-..00 ug/L Bis(2-ethylhexyl)phthalate........, < 2.000 6.00ug/L ' <Metribuzin........................ < 0.200 50.00 u9lL Beazo(a)pyrene...... a 0,top 0_20'. ug/L AlachlPr :. < 0.200 2.00 ug/L Bromacil...... .................... < 0,500 ug/L Proachlpr; a O.ZI)0 ug/L prometon. _ < 0 500 ugfL Diazlnory < 0.200 ug/L Pentachlprobenzene .. < 0.2100 50.00 ug/ Metalaz}11. , - < 0.200 50_00 ug/l, Disulfoton ................... .. <. 0,500 50:.00.Ulf,- ......... < 0.500 50,00 ug/L Ethofumesate...... a 0.2.0:0 50. 00'ug/L b Acetonh7.or < 0.200 50,00.ug/L Chlorpyriphos..................... < 0,_ 00 50.00 ug/L. 9, k-talaxh3bn.,., : < 0.500 50.00 ug/ti Cyfluthrin ..._ < 0..200 50.00ugfL Iso K;r�p31o5. .... < 0.500 50.00 ug/L Benf3.ural in ... <: al 5,06 50:00, ug,/L k Ta �Tin... < 0.500 50,00.ugll,. Chlamthalonal < i.49,0 50..0'0 ug�JL. 9 pe ylpxonitrobenzene. < 0.200 50.00 ug/L Trxadimefon _ < hi. O 59e01ug/L $?sxi7.ozbd, n.. 0-S0 v 19-0- ,S/L od w,ap...o . < o,2M P 1Xn < 0.200 5.00 ug/L Permethrin < 0;, (y 50,00i ug/L. I drone .._... < 0.5,00 50.00:ugfL Terbufaz . < 0, 50.D01 ug/L EFliO` .... ......... ...... < 02 50.00.ugfL Terbacxl.,. .... .. .... ...... .. < 0:.501,0 50:.00 Ug/]L DinbSeb=.._.. ..,_ < 0.3:00 7.00 ug1L Disulfaton sulfone................ < 0,2(00 50:.,40 ,�g)L { CyauazX'{xe.. ...... .. ......... .... < 0.2170 50.00 ugfL Keelahahe.....,................... .. < 0,300 50.'G0 ug/ll i Na*0pamxde.......... ......... < 0.2''00 50.00 ug1L Methoprene......... ............. < O,ry00 50.40 ug1L. BYac ...... . ........... < 0.Z00 50.00 ugfL Sumithrin. .. < 9-40'a 50,00 ugfL. PesmeChrxn.......... < 0.2'+,30 50.00 ugdL DiChlorbenx1 < 0 y'Oi) 50--,00 ug/L Results for Sample Group: SURFACTANTS; analyzed by Suffolk County Department of.Health Services Sur`f$Otants-MEAS.. . < 0.100 m91/L Results for Sample Grogo: VOLATILE ORVANICS analyzed by Suffolk Caunty Department of Health Services C1}loxgtFdifororomethane. .... ... 0-500 5.00 uy7L tenseAmyl.Ethyl-Ether............. < 0,000 50=00 ug/L Oich�orodYfluoromethane.... . . .... < 0.500 5.00 ag PL Benzene .. .............. ... .. < 0 000 5,04 ug/L Gh ae .. .. . ... < 0.500 5.00 ug'L Toluene. .... ..... ....... ..... < 0.500 5,00 ug/L Br 4 t'hane.. a 0.500 5.00 LgvL Chlorobenzene............ ....... ... ` 0.500 5:00 ug/L titil' omethane, . < 0.500 5.00 ug./u, Ethylene..ne , < 0 500 5.,JJ ng/L heosrdfluorometh ne < 0.500 5.00 ug.,� o-Xylene.. ..,... < 0.500 0.00 ug/L. /r hrL C, loride - 0-5100 2.00 ug/L m Xylene.- 0.500 5.50 ug/L Mea" Chloride .. < 0.900 5.00 ugjI, p-Xylene...... .................. . 0 500 5',00 ag/L l,i.'Daebl orcethane.......,........ < 0.500 5.00 ugIiL. Total Xylenes.. ..... .. .... . < 0 500 5,00 ug/L nrar:Fa� 1�w 2 Dichloroethene.......... < 0.500 5.00 U9.11. Chlorotoluene............. . 0.500 5<00 11911,C oyprm.... .... ........ < 0.$00 80.00 'ugfj7. 3 Chlorotoluene..... . ........ .. < 0,500 5,,90 ug/L loroethane ......... ... < 0.900 5.00 ug/F. 4 Chlorotoluene:.... ... ........ .. < 0,500 5.00 ug/L 1. '' i_chloroethane < 0,500 5.00 Ugl'TL T. Chlorotoluene............. . < 0 500 5.00 ug/L +' Crachloride < 0.500 5.00 lw 1,3,5 Ttimethylbenzene......... < 0.560 5„00 ug/L it 2 Chloroethane < 0.500 5.00 ug 1 2,4 Trimethylbenzene........ < G.500 5:,0'0 ug/L 4;,Z „propropane < 0.500 5.00 u9 m,p Dichlorobenzene........... .. < v,0g0 5�tl0 ug/L a ethene ... ........... < 0.540 5 OO ug, 1,2 Dichlorobenzene (o)........ <. 0 500 5.00 ug/i. romomethane 0 1 500 80.00 not p Diethylbenzene...... < 0.500 5;00 ug/i. 0J+1 Chloropropane. < 0.5,00 5.00 ug,�L 1,2,4,5 Tetramethylbenzene..... . < 0.500 5.00 ug/L 1,6 < O.S00 80.00 uyfL 1,2,4 Trichlorobenzene............ < 0.500 5+OD ug/L f�9,oYoethene ., < 0.500 5.00 ug h 1,2,3 Trichlorobenzene.. ..... . . <. 0.500 5,(NO ug/L ttss-� 2 ,Dx-hid oeth en e.... ...... < 0.5'UO 5.00 txar, Ethenylbenzene (Styrene)....... < 0.500 5. om ugfL Fsze'rt 113---_, 0.5bo 5-co -s`3. I. 1 Methylethl'benzene.............. < 0-500 S.GtO ug/L. Dol+bY,om thane .. 0.500 5.00 ug„L n-Propy'l,benzene < 0 SOD 0:.00 ug/L i, 1 1 „lorgProPene 0.500 5.00 ugy/1, tert Bukt(lbenzene ...... .......... < 0 500 5{0y0 ug(L Ill "1$`tloroethene ,. ........ < 0.900 5.00 ug L sec Butplbenzere ... .......... < 0 500 S:Ob ug/L Bro loromethane.............. < 0-500 80.00 tAgfL. Iso c ltoluene (p Cymene).. . . < 0-50P 5,04 ug/L PC Py ... . ... ompropene:.... < 0 500 5.00 k§1`L. n Butylbenzene ,. < 0 500 5x 540 00 ug/L eisg0, ichloropropene. ....... < 0.400 5.00 '.ugAL Hexachlorobutadxene ..... ....... < 0 510,0 ug/ , I� nraqg 3 DichlorODropene......... < 0.500 5.00 a"gAL Methyl-Tert Butyl Ether (MTBE) . .... < D.500 50 Op ug/7, I i 1„2+ chloroethane... ...... ... < 0.900 5.00 sglq7L Naphtha,'lene . < 0.500 50:0„0 ug/L 2 1 Tetrachloroethane......... < O,Spo 5.00 u°gvfL 1,4-Dioblarobutane < 0.500 5+0'0 ug/$, p tetrachloroethane < 0.500 5.00 P� ,,L Methyl Sulfide........... .......... < 0 500 50.0:0 ug/L 3' T'+r,6chloropropane..........,. < 0-5,00 5.00 9AL Dimethyldisulfxde .., .,,... ... < 0.500 50,.00 e2/L 2,2 L?y oroPropane < 0.900 5.00 dg'A.L Brom6benzene...................... < 0-500 5,0!0 u0/L ' 1,3 Dx Soropropane ... ...... < 0.5p0 5.00 Lig))L 2-Hutarene (MEK) ..........._.... < 20.000 50.00 ug/x, Brop1 romethane ...... ..... < O.SYID 5.00 ugfL Tetrahydrofuran ..... ........... < 20.000 50:030 ug/L y .. < 0.5110 50.00 ugAL tern B -'1-Eth 1 Ether........ SCHEDULE C - RESULTS OF WATER ANALYSIS FOR LOT 2 page 4 of 4 E8 613 SUFFOLK COUNTY' DEPARTMENT OF HEALTH SEAVICES S1I6860T H.S. 'REF. NO. COMPLETION REPORT LONG ISLAND WELL Well No. OWNER WILLIAM BAXTER, JR. Ci1O^,GATHY: MES'IANO- LOG ADD SS - Ground Surface 12 MILL POND LANE. •EAST MORICHES, NY .11940 El. ft.above sea LOCATION OF WELL A k. OREGON ROAD CUTCHOGUE, NY If DEPTH OFWELL BELOW SURFACE DEPTHTO GROUNDWATER FROM SURFACE TOP OF WELL 110' k. 64' n. CASINGS DIAMETER .. ` 4" .PVC in. in. in. in. 4' 0° LENGTH 106` n. ft. n. ft. 20' 0" « 24` 0" SEALING. . CASINGS REMOVED .20' 0" 44' O" SCREENS 20' Orr 64' On.,. .MAKE OPENINGS '2O' On 84' Oil NAGAOKA 12 DIAMETER 200 O" 104' 0" 5 in. in. in. in. t 61 0" 1101 Ott LENGTH 4 ft. ft. - ft. ft. DEPTH TO TOP FROM TOP OF CASING PUMPING TEST - - DATE - - TEST OR PERMANENT PUMP? DURATION, OF TEST .. -- - ---- MAXIMUM DISCHARGE ` - days, -hours gallons per min. I STATIC LEVEL PRIOR TOT T LEVEL DURING MAXIMUM.PUMPING in.below in.below ft. top of casing ft, top.of casing MAXIMUM DRAWDOWN .Approximate time of return to norm I level after cessation.of pumping: k. hrs. min. PUMP INSTALLED 'TYPE MAKE - MODEL NO. N/A MOTIVE POWER MAKE H.P. N/A CAPACITY - N/A g.p.m.against ft.of discharge head NUMBER.BOWLS OR STAGES ft.of total head EIE DROP LINE SUCTION LINE 3 DIAMETER N/A DIAMETER .. in. in. ,LENGTH LENGTH _ N/A ft. ft. METHOD OF DRILLING - USE OF WATER ❑rotary p cable tool M other AUGER TESTWORK STARTED -- -COMPLETED - - 10/i6JU0 10/16/00 DATE. DRILLER LICENSE NO..... .._... _. 10/17/00 KREIGER WELL & PUMP CORP, 10 "NOTE: Show log of well - materials encountered,with depth below ground surface, water bearing beds and water levels in each, casings, screens, pump, additional pupping tests and other matters of interest.Describe repair job. See Instructions as to Well Drillers' Licenses and Reports. Pages 5 -7. 1 OP 2 18-1359:7/86 .. - . . . Well Yield: 25 g.p.m. Casing: Type of Materiii. PVC j Drop Line: Type of Materii'f Pvc R _ li If plastic, was torque arrestor used? YRS ! 3/16" S.S. cable installed? No j Sanitary Seal: Type Used WELL SEAL Storage Tanks: Size N/A gals. ; Type i Inside Material N/A Type of Tank Drain rte -_ Pressure Gauge Installed N/A t Shut-Off Valve Prior to Tank NIA i Sampling Tap Provided N/A i E Shut-Off Valve With Bleeder Line- Installed -6n ine_Installed on Outflow of Tank N/A Method of Disinfection: N/A . c i ; Well Lateral : Depth Below Grade N/A Material N/A Water Treatment Equipment 'Installed For Treatment of Make Type Model Number Well Driller's Signature �� - 7 Print Name ROBERT G. LAURIGUET Print Company Name Mailing Address PO.Om 101-Main R Telephone Number (631) 298-4141 18-1359:7/86 2 of 2 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.(1 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MELy,7LLE OFFICE ERIC J. BRESSLER NEW YORK 11952 �ygg,r}� RO`A''71� -'COW ROAD S'�JTFFL'1 ' ABIGAIL A,WICKHAM 3V.SUITE III., 631-298-8353 'a MzL,'+Y EW l"ORK 11747 LYNNE M.GORDON }'6 1,lovw ,-, JANET GEA5A TELEFAX NO. 631-298-8565 } 53749 9480 i! TELEFAX NO.631-249-9484 June 7,2002 4 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Rea Proposed Minor Subdivision of Baxter Sound Baxter Estates SCTM#1000-72-2-2.1 Gentlemen: In connection with the above application, enclosed is our Affidavit of Mailing with certified mail receipts and the return receipts received as of this date as well as our Affidavit of Posting. Very truly yours, Aj, ejk Abigail A. Wickham 1.._ Enc. - AAW/ad 3 il( 1; 1' }i IIII I. PLANNING BOARD IP` TOWN OF SOUTHOLD:NEW YORK -------------------- In the Matter of the Application of WILLIAM BAXTER, JR. and AFFIDAVIT OF JANE BAXTER GOELLER SERVICE BY MAIL Parcel ID 91000-72-2-2.1 -------------------- STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Amy M. Beasley,being duly sworn, deposes and says: On the 31St day of May, 2002,I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL,RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office,for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: Veronica R. Czebotar& others 1000-83-2-9.1 164 Sunset Boulevard Wading River,New York 11792 Joseph A. Ricci 1000-84-1-1 ' 45 Mathews Lane Cutchogue,New York 11935 Joseph& Carolyn Ricci 1000-73-1-2.2 7100 Cox Lane Cutchogue,New York 11935 i ' Lieb Vineyard, LLC 1000-84-1-4.4 & 14990 Oregon Road 1000-84-4-4.5 P.O. Box 907 Cutchogue,New York 11935-1128 PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK -------------------------------------------------x In the Matter of the Application of AFFIDAVIT WILLIAM BAXTER, JR. and OF POSTING JANE BAXTER GOELLER Regarding Posting of Sign upon Applicant's Land Identified as 1000-72-2-21 --------- -------------------- ------------x COUNTY OF SUFFOLK) ss: STATE OF NEW YORK) j' L Abigail A. Wickharn,residing at 10315 Main Road,Mattituck,New York, being duly sworn,deposes and says that: On the 31St day of May, 2002,I personally placed the Town's official Poster,with the date of hearing and nature of the application, in a secure position upon the above property,located ten(10)feet or closer from the street,facing each street abutting this i property(SCTM# 1000-72-2-2.1); and that j I hereby confirm that the Poster has remained in place far seven days prior to the date of the subject hearing date, which hearing date was shown to be June 10, 2002. Abigail A. Wickham Sworn to before me this ✓)*& day of June, 2002. 4W � , Notary Pkiblic AMY M.SEAS�New 21AFFPOST ypTARY P E50397677u�iy cow ssion Wiresolkwus"27. '$� O Michael J. Gallagher and Doris,Trustees 1000-72-2-1 383 Larchmont Court Ridge,New York 11961 ad—ell, y M: Beasley Sworn to before me this day of ay, 2 c' Notary c DONNA M.GHITUK 21:affmail STRY PUBLIC,State of New York ft 43K459,Suftik Coaatg VIA Wires August 18, 38?Aa L i il , rLanNrNG aaAa.D nzEvla p C BENNETT 0 OWSKI,.JR. ® ®G P.O.Box.1179 Chairman _� ` Town Hall,53095 State Route 25 WILLIAM J.CREMERS tO ' 2 Southold, New York 11971-0959 KENNETH L.EDWARDS T Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. Oy ®A Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD y- To: Town Trustees Ed Forrester,,Code Enforcement From: Mark Terry,Senior Environmental Planner iZ Re: �BaxtersSound Estates-~ CTM91T100¢`72-2-I.I On June 5, 2002, I conducted a site inspection on the above property due to neighbors concerns that the parcel was cleared and severe erosion control potential exists on the face of the bluff. The neighbor is correct, in that the applicant has cleared portions of the property prior to receiving any final approval from the Planning Board including within the 100' setback of the Coastal Erosion Hazard Line. This is in violation of DEC jurisdiction and C&R's previously filed on March 8, 1991 With Suffolk County for the property. This action may also be in violation of the §37-17 of the Town Code. I would like to note that although the clearing is not significant enough to cause severe erosion problems,the steep slope and lack of soil stabilizing vegetation on the bluff will promote severe erosion in the future and any attempts to educate the future landowners about minimizing disturbance is warranted. Cc: File Valerie Scopaz, Town Planner Planning Board CD LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ` ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD 'ABIGAILA.WICKHAM SUITE I If LYNNE M,'GORDON 631 298-8353 MELVILLE,NEWYORK 11747 -JANETGEASA TELEFAX.NO.631-298-8565 631-249-9480 TELEFAX NO.63.1-249-9484 May 31, 2002 Southold Town Planning Board Past Office Box 1179 53095 Main Road Southold,New York 11971 Re: Applicant: William J. Baxter,Jr. Sound Baxter Estates—Minor Subdivision Application SCTM#1000-72-2-2.1 Gentlemen: j Enclosed is a draft Declaration of Covenants and Restrictions in connection with common driveway usage and maintenance. Very truly yours, bigail A. Wic hlam_ :� 9 AAW/dmcs° . 51„1,'1j�" encL c rT 30/shdtpbl JUN +3 LYING Satfthdd Town latg Board tRH7 � L SoutholdTown Ply ink P DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION,made the day of 2002,by William J. Baxter, Jr. and Jane P.Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 31996,hereinafter referred to as the Declarant. f WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York;known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of i Southold for approval of a two lot minor subdivision known as"Minor Subdivision for Baxter IfPf Sound Estates", as prepared by Stanley J. Isaksen, Jr., Licensed Surveyor, and to be filed in the I'. Suffolk County Clerk's Office; and li WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known,admit,publish, covenant and agree that the premises described in Schedule "X' annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. Lots 1 and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot 1 as shown on the map. The owner of the property now or formerly of j Gallagher located between Lots i and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth in deeds of record. The common driveway for Lots 1 and 2 shall include the turn- around area at the southwesterly corner of Lot 1 as shown on the Map. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter, Lot 1 and 2 shall have the obligation to maintain the driveway and to share equally in such expense. Maintenance shall j include filling pot holes and irregularities as needed; periodic scraping or resurfacing; plowing s for snow removal for the benefit of Lots 1 and 2 only, and such other routine maintenance and driveway repairs as necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. a 4. These covenants and restrictions can be modified only at the request of the then owner 7 of either lot with the approval of a majority plus one of the Planning Board of the Town of 1 C Southold after a public hearing. The property owner of the other lot in the subdivision shall be I I+I entitled to notice such public hearing but his consent to such modification shall not be required. 1 IN WITNESS WHEREOF,the Declarant above named has executed,the foregoing fl Declaration the day and year first above written. William J. Baxter, Jr. Jane P. Goeller ,i STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On the day off , in the year 2002, before me,the undersigned, a Notary Public in and for said State,personally appeared William J. Baxter,Jr.,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual,or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public I STATE OF CALIFORNIA, COUNTY OF ss.: On the day of in the year 2002, before me, the undersigned,personally appeared JANE.BAXTER GOELLER,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument,and that such individual made such appearance before the undersigned in the City of County of State of California. Signature and office of individual taking acknowledgment re%&rdrive (Notary Public) '.. SCHEDULE A DESCRIPTION OF PROPERTY All that certain plot piece or parcel of land, situate, lying and being in the Town of SOUTHOLD, at CUTCHOGUE, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00 feet more or less westerly from the northeasterly end of Bridge Lane, THENCE 4 frorrt said point of Uegmmng.along,the northerly side of Oregon Load,. south. 51 degrees 44 minutes 30 sec6irds�vest; p;28 feet to a monuaiient and lands nous?ax formerly crf S viatocha; 1'111 1�(.'l i along soul lat>ds north ?degrees 49 miin4O0()seconds;west; t785�43 feet to the l }t a er=� ;Lorrg Island.Sound;:THENCE along the high water line of Lang Island; � ���h,`7'l�clegre� 2n�tesg27, secQnds4:essf,�24:6�Lfeet3 Tf�TiGls,so,�tlt4,' ,degrees (Ttf tiimuF4U seitnrlts rst, 57:55r ct; 7HElYlCE north degreess49 makes Vit) seconds cast, 70 96 l��t;''171LNCI; north 47 dcgreos U6 minutes 4tk sectds, wes5016 feet to the high ��atcr ainc. of the l.c�ng Jsland Sound;'TII N[ airing #lre4tiglvwatt Irrr ciftlle I,nng Island Sxnnid, itorih 70 cjcgrccs 59 minutes 5$ untds cast, 129.24 feet; Tli}.N('G along, lands •noNv or. formerly of Simchick, South 47 degrees 06 minutes 40 seconds cast, 501.30 f feet 'T,]JEN''(1, south'5I dcgrges 23 minutesM seconds w-cst, 13.65,1ect: "I`1 I I NC;J:: south 31 dc�rncs, 2 ntrndtcs?UO;,ticcorrcls west, 16.83 W 7'H1:NCL• south+ 5.1;•dcgcp,cs 44.ntinulcs 30 Si ccaricis �tic,t, 3?(ra351'1I1:1V(.'I ' south 4 degrees 49 minutes U`� scct:ncis.cast,• 11.28.08 Icctair tl$�rrutrthcrly, srd� 617:0 egini Road• tl etfict!ht of place of 131"C' UN"NIN`( . l()(,1 TIIII2 ��,1lll AND, . S1.)fi.lE( 1 to a right of, way alohg`t}tc s6i�h�cTli 20 foot of pr'cr r4S. ti it`tcl o�qr,' lrt' ;, of„Pic irriscs to () egorY Zbadspy right of�i�t� Ila in= beundcd and dc�c,rrh�d ks�lollrt�r� . 131;�`�l'�t l fr, �rt,.a, prnnt,,on file northerly side• of Oregon Road; s�iO -�int pemg distant lyl fY O}) cu�moivWr,1ess0-bster1v front the,4prO asterly end ofBricig� s '. E' CE from aa'MornPtiitlrcglitiitng �rlilii�g [lie. northcrh-side ofOjegonRoad,. souoft, d '.ea J4 minutes, 3(1 yS'rc3rids� trc tit ''20 28 kl'det to a monument and lands now or'',fa of Swtatocha; NnC ]� ttlktns� ilad Glands,. tttn th 47 cic} eo 4l9ninntes '00 second's. 114 32 feet; Mid >ZC L+'north 51 d6°ireus 44 minutes 30 seconds: east 18015; fc`tts1W, Chi south 47 cl r t,e,6+tatrnut�ti= }U ��.u»idti�cast, 20.24 feet tolthenortherly Sade o jai`• formerly c>i�l ici r, }Isl}1:1\(f�;, along slid. lands. (lie fellow*,t�vo courses.and di aid south 51 ,minute :30'scennd �cst, 1 70.3;$ feet; 2) south.47 dei �f r, K;`;' to seconds castle lll.2%f :U9%ib6bib•tl'a•c r}orlhcrhy side. of OregoARoad,the,poinf o plaee.. l; G 'NII�TGr A m, PLANNINGBOARD MEMBF BENNETT ORLOWSKI,JR. �.� ®�� P.O.Box 1179 Chairman o Town Hall,53095 State Route 25 WILLIAM J. CREMERS W Southold,New York 11971-0959 KENNETH L.EDWARDSV' Telephone.(631) 765-1938 GEORGE RITCHIE LATHAM,JR. ® Fax(631) 765-3136 RICHARD CAGGIANO y�®1 � 3 I PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town 'i on the 10th day of June, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed site plan for Satur Farms. The property is located at 3705 Alvah's Lane in Cutchogue. SCTM#1000-101-2-24.5 6:05 P.M. Public Hearing for the proposed minor subdivision Baxter Sound Estates. The property is located on the north side of Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 i Dated: 5/16/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 30, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Suffolk Times --r--9-- _ _ P.O. Box 1179 53095 Route 25 Southold, NY 11971 Southold !Town Phone (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail:planning@southold.org i Faxi i' To: The Suffolk Times From: Valerie Scopazlcarol Fax: Pages: 2 i Phone: nate: 5/16/02 i' Re: Legal Ad for 5/30/02 Edition CC: i Urgent For Review Please Comment Please Reply As Requested ry Please print the following legal ads in the 5/30/02 edition. Thanks. 6/10/02 Regular Meeting: 6:00 p.m. Satur Farms Site Plan 6:05 p.m. Baxter Sound Estates' i Kindly acknowledge receipt by signing below and faxing cover letter back. Received by: Date: PLANNING BOARD MEMBE ���aS�FFo(kel P.O. Box 1179 BENNETT KI,JR. Town Hall, 53095 State Route 25 Chairai=manm CM ,L i WILLIAM J. CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone(631) 765-1935 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGLSNO PLANNINGG BOARD OFFICE TOWN OF SOUTHOLD I, LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold ' Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 10th day of June, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed site plan for Satur Farms. The property is located at 3705 Alvah's Lane in Cutchogue. SCTM#1 000-101-2-24.5 i 6:05 P.M. Public Hearing for the proposed minor subdivision Baxter Sound Estates. The property is located on the north side of Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 e Dated: 5/16/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman m STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 16th day of May, 2002 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board' Southold Town Hall 53095 Main Road Southold New York 6/10102 Regular Meeting: 6:00 p.m. Public Hearing for the Site Plan of Satur Farms 1, SCTM#1000-101-2-24.5 j 6:05 p.m. Public Hearing for the Minor Subdivision Baxter Sound Estates SCTM#1000-72-2-2.1 i Carol Ka9in Secretary, Southold Town Planning Board Sworn to before me this day of 2002. Notary Public LINDA J.COOPER Notary Publ=.c,State of New Yotk No 4822 563.Suffolk County i PLANNING BOARD MEMEE 0 P.O.Box 1179 BENNETT ORLOWSKI,JR. $11FFOi�- Chairman Town Hall, 53095 State Route 25 a WILLIAM J.CREMERS Southold,New York 11971-0959 KENNETH L.EDWARDS C2 - Telephone (631) 765-1938 GEORGE RITCHIE.LATHAM,JR. y @ Fax(631) 765-3136 RICHARD CAGGIANO O PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2002 Ms. Abigail Wickham 16315 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision for Baxter Sound Estates Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue l SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: t The Southold Town Planning Board, at a meeting held on Monday, May 13, 2002, i' adopted the following resolution: i BE IT RESOLVED that the Southold Town Planning Board set Monday, June 10, 2002, at 6:05 p.m. for a final public hearing on the maps dated September 9, 1999. F 'i Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board office,Southold town Hall. Please return the enclosed Affidavit of Posting, proof of certified mailing, and the signed green return receipts from the certified mailings on the day of the j public hearing before 4:00 p.m. The sign and the post need to be returned to the Planning Board office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, it Bennett Orlowski, Jr. III' Chairman Encl. AFFIDAVIT OF POSTING This is:to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that 1 have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any,public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public j PLEASE RETURN THIS AFFLDAVITAND CERTIFIED MALL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re:ProposedMinor Subdivision. of Wm. Baxter, Jr. & Jane Baxter Goeller SCTM#: 1000-72-2-2. 1 Date of Hearing; Monday, June 10, 2002, 6:05 p.m. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold fora minor subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-72-2-2.1; 3. That the property which isthe subject of this application is located in the R-80 Zoning District; 4. That the application is for 2 lots on 4.65 acres. The property is located on Oregon Road, west of Bridge Lane in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter b the Planning Board on P 9 Y 9 Monday, June 10 2002 at 6:05 .m. in the Meeting Hall at Southold Town p g Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): William Baxter, Jr. & Jane Baxter Goeller Date: 5/16/02 r 158-I NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC BEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995.- Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, jthe board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall'provide'for the giving of notice: A. By causing a notice giving the time, date, place and t nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts„ giving notice of the application, the nature, of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property.line, The,sign shall be displayed for a period of not lees than seven (7) days immediately,preceding the date of the public hearing. IlAe.applicant or his/her a”shall ffie an affidavit that s/he has csomplied,with this provision. C. By requiring the applicant to send notice to the owners of record of every property which 'abuts and every property which is across from any public or private street. 5801 i-sa-sa WM . BAXTER & JANE BA---XT� E-R GOELLER AXTER SOUND ESTATES 1000 -72 -2 -2 . 1 Minor Subdivision of 2 lots an 4. 65 acres . rMON. - JUNE 10, 2042 - 6 : d5 P. M . Submission Without a Cover Letter Sender: , Subject: j scTzrz#: r000- -72 , Z • 2 Date: 12- ol0 L j Comments: E ka, 77 411� s iy APR 29 2002 Southold Town. 0V FWDCUTCHOGUE FIRE DISTRICT 5 � t _ ' ° 260 New Suffolk Road, PO Box 930, Cutchogue, NY 1.1935 D TTelephone (631) 734-6907 Fax (631) 734-7079 t April 3, 2002 Planning Board Office = r' 7 Mark Terry,Planner t ; ` �, i '• '`�F' 1 � f '• r A 1 4 PO Box 1179 9 Southold,NY 11971 ' 1 Ref: Baxter Minor Subdivision outholT own i� Dear Mr. Terry, P18nnIA9 Board With reference to the above property, the Board of Fire Commissioners of the Cutchogue Fire District do not feel that a fire well is needed due to the properties location within range of an existing fire well or hydrant district and is adequately protected. Thank you for your request and please call if you have any questions. Very truly yours, Board of Fire Commissioners Matthew J. Martin District Secretary I 1 PLANNING BOARD MEMBERS ®SUFFU(�C BENNETT ORLOWSKI,JR. `t`® �Gy. P.O.Box 1179 Chairman ® Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y 2 Southold, New York 11971-0959 h Pry KENNETH L.EDWARDS p Telephone(631) 765-1938 GEORGERITCHIE AGG�O � y�iQ�. � Fax(631) 765-3136 RIC 2 PLANNING BOARD OFFICE TOWN OF SOUTHOLD j ' Ms. Abigail Wickham 10315 Main Road P.O. Box 1424 Mattituck,New York 11952 Re:: Baxter Sound Estates f j SCTM# 72-2-2.1 Location: Cutchogue Zone: R-80 Dear Ms. Wickham: The Planning Board has reviewed the above application during the March 4,2002 and March 11,2002 work sessions. The following determinations were made: The planting of trees along the right-of-way would hinder traffic and fanning operations, therefore,the Planning Board has released the applicant from the required planting of trees along the right-of-way. The applicant must plant native,perennial wildflowers in the two foot wide buffers on each side of the driveway. A list of native,perennial wildflowers is attached. The turn around plan submitted by Mr. Tom Samuals,the applicant's Architect, and attached to Mr. Jamie Richter's March 5, 2002 letter meets the Planning Boards concerns and is acceptable. The street lights have been determined to be "out of character"with Oregon Road and therefore the Planning Board has released the applicant from the street lighting requirement. The applicant, at their discretion, may install low profile mushroom lighting less than two feet in height in place of the street lights. The Planning Board has considered Mr. Omara's request to postpone the"road paving" to prevent damage from construction equipment. Further discussion with the Planning Board revealed that the road is to be constructed as a 16 foot wide stone blend driveway. Based upon such,no paving is required and the delay of the road construction is not necessary. In addition to the Declaration of Covenants and Restrictions previously filed March 3, 1991 with the Suffolk County Clerk,please submit a Draft Declaration of Covenants and Restrictions outlining driveway maintenance and responsibility to this office for review. The layout of the existing beach stairs is still an issue and must be addressed prior to any final approval. Please submit a proposal that would resolve any potential ownership or right-of-way conflicts between the property owners. Upon receipt of the above information,the application will proceed to the next step. If you have any questions please give me a call at 765-1938, extension 243. Sincerely, ark Terry Senior Envir nmentaI Planner Enclosure Cc: Town of Southold Planning Board I w. Herbaceous Perennials for10y Meadow Sites. Page I of 2 Herbaceous Perennials for Sunny Meadow Sites. Most of these plants are hardy anywhere in New York except at the higher mountain elevations. Their flowers produce food for birds,bees and butterflies. All will grow well in ordinary soil with at least six hours of sunshine per day and average moisture. Allium cernuum —Nodding Onion. Pink flowers in July. One to two feet tall. Will take part shade. Anemone canadensis--White flowers in mid to late spring. One foot tall. Spreads. Asclepias tuberosa--Orange Milkweed,Butterfly Weed.Bright orange flowers in July. Two feet tall. Likes hot,dry conditions. Asters There are dozens of asters native to New York. Two of the best and most available are the New England aster(A. novae-angliae)purple flowers in September,three to four feet tall and New York aster(A.noxi-belgii)pale blue flowers in August-September,three to four feet tall. Cimici u a racemosa--Black Cohosh Bu bane. Wands of white flowers in Au f g g gust on for to five foot tall plant, Will tolerate light shade. Chelone glabra—Turtlehead. Pink or white snap dragon-like flowers in August on green plants two to three feet tall. Will tolerate light shade.Will grow in damp conditions. Eupatorium purpureum. Purple flowers in August on wand-like plant five to eight feet tall. Likes damp conditions. Gentiana andrewsii—Bottle Gentian. Sky blue flowers in late summer on 18 inch stems. Likes moist soil. Helenium autumnale—Sneezeweed. Red yellow sunflower-like flowers in mid to late summer of three to four foot tall plants.Prefers moist conditions. Iris versicolor-- Blue Flag Iris. Blue fleur-des-lis iris on three ft. tall stems. Prefers moist soil. Lilium canadense-- Canada Lily, Wild Yellow Lily. Four to six ft. stems carry clusters of dowr ward facing yellow flowers. Likes evenly moist but well-drained soil. Spreads. Turks' Cap Lily! supurbum) with orange flowers and Wood Lily(L. philadelphicum) with orange-red flowers av native to New York. Lobelia cardinalis— Cardinal Flower. Red flowers on two to three ft. tall stems in August and September. Very popular with hummingbirds. Lupinus perennis-- Wild Blue Lupine. Beautiful blue spires of purple and white flowers in 1 spring. Host plant for the endangered Karver blue butterfly. Prefers dry sandy soil. Monarda —Bee Balm, Oswego Tea, (M. didyma) three ft. tall spreading plant with red flov July; Bergamot, Horsemint, (M. fistulosa) pink to white flowers on three to five ft. tall plan' http://npparks.state.ny.us/info/surwyperennials.htm - Herbaceous Perennials for Si Meac1` w Sites, Page 2 of 2 to late summer; Dotted Horsemint(M. punctata)pinkish flowers on two foot tall plants in mid to late summer. An excellent nectar plant for many butterflies. Oenothera Evening Primrose (O. biennis)Lemon-yellow flowers open during the evening from June to October on three to six ft. tall plants. Sundrops (O. fruticosa)Pretty yellow flowers bloom during the day in June and July on one ft. tall plants. Penstemon hirsutus—Hairy Beard-Tongue. Lovely white tubular flowers on one ft. tall plant in June. Phlox maculata-- Wild Sweet William. Purple to pink flowers on one to three ft. tall plant in late July and August. Physostegla vh*niana Obedient Plant,False Dragonhead.Lovely snap dragon-like tubular pink flowers in mid to late summer on three ft.tall plants.Will spread in moist soil.Very popular with bees. I Rubdeckia laciniata--Green Headed Coneflower, Golden-Glow; Cut-leaf Coneflower.Looking a lot like the common black-eyed Susan(R.hirta also a native,but not to New York;)but with a green rather than brown center to the flowers. Grows five to eight feet tall,blooms in August and September. Likes moist soil. Rubdeckia triloba--Branched Coneflower, Thin-Leaved Coneflower,Black-Eyed Susan,Yellow Daisy. A biennial that self-sows freely, grows up to three feet tall,jet black center of a pretty yellow flower. Solidago--Goldenrods. There are over two dozen goldenrods native to New York.Up to six ft.tali; pretty yellow flowers; they spread easily in full sun and poor soil conditions. Verbena hastata—Blue Vervain. Grows three to six ft.tall,biennial, deep blue flowers in summer. Likes moist soil. Veronicastrum virginicum --Culver's Root. Grows three to five ft. tall with spires of white blooms r in mid summer. i ' -I j_ i b http://nysparks.state.ny.us/info/sunnyperennials.htm 3/8/02 JOSHUA Y.HORTON ��°�SUFFoccOs� JAMES A RICHTER, R.A. SUPERVISOR, Cm x ENGINEER TOWN HALL - 53.095 MAIN ROAD 0 • TOWN OF SOUTHOLD,NEW YORK 11971 Fa (516)-765-1366 Tel.(516)-765 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE BAXTER SOUND ESTATES OREGON ROAD,CUTCHOGUE,TOWN OF SOUTHOLD SCTM#1000—72—02—2.1 DATE February 12,2002 Revised: March 15, 2002 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 1,200 C.Y. ROUGH GRADING/SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 3,600.00 DRAINAGE 2. 7 EACH CAST IRON INLET GRATE&FRAME 500.00 3,500.00 3. 88.5 V.F. 8' DIAMETER LEACHING POOL 250.00 22,125.00 4. 30 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 750.00 5. 2,500 S.Y. FINE GRADING 1.50 3,750.00 SURFACING 6. 140 C.Y. 3/d'STONE BLEND WEARING COURSE 135.00 18,900.00 7. 2 EACH STREET LIGHTS ITEM DELETED BY PLANNING BOARD 3/15/02 8 720 S.Y. TOPSOIL&SEED 7.50 5,400.00 9. 2 EACH STREET SIGNS 200.00 400.00 10. 70 EACH STREET TREES ITEM DELETED BY PLANNING BOARD 3/15/02 11: 1 EACH FIRE WELL 15,000.00 15,000.00 12. JOB MAINTENANCE & PROTECTION OF TRAFFIC 2,000.00 BOND ESTIMATE TOTAL $ 75,425.00 6% ADMINISTRATION FEE $ 4,525.50 PLANNING BOARD MEMS Q�UFF�( �O BEN NETT ORLOWSKI,JR. Gy P.O. Box 1179 ChairmanC. - Town Hall,53095 State Route 25. WILLIAM J. CREMERS N Z Southold,New York 11971-0959 KENNETH L.EDWARDS p .F Telephone(631) 765-1938 GEO HARD CAGG a y�Q Fax(631) 765-3136 RIC PLANNING BOARD OFFICE TOWN OF SOUTHOLD g To: Jamie Richter/Town Engineer r li- From: Mark Terry,Senior Environmental Planner i Date: March 15,2002 Re: Baxter Sound Estates SCTM#72-2-2.1 The Planning Board has reviewed the above project at the March 4, 2002 and March 11, 2002 work sessions. The following determinations were made: 1. The Planning Board has agreed that due to the narrow width of the driveway that the trees would become a traffic hindrance and therefore, should be removed. Wildflowers will be planted instead. j 2. The Turn Around as proposed by the applicant's architect meets the { Planning Boards concerns and is acceptable. 3. The street lights have been determined to be "out of character"with Oregon Road and therefore the PB has requested that the applicant install low profile(preferably less than two feet in height) driveway lighting t instead. N If you have any questions please give me a call at extension 243. ;i i OWN r PLANNING BOARD MEMBERS ®�©gQFFd[,��0 79 BENNETT ORLOWSKI,JR. �� G.f. P.O.Box tate Chairman C :� Town Hall, 53095 State Route 25 WILLIAM J,CREMERS h Southold,New York 11971-0959 KENNETH L.EDWARDS "p �. Telephone(831) 765-1938 CAGG ,%NO GEORC RITCHIE, JR ��Ol � �� Fax (631) 765-3136 RI PLANNING BOARD OFFICE TOWN OF SOUTHOLD i i i March 12, 2002 Ms. Abigail Wickham i' 10315 Main Road i P.O. Box 1424 Mattituck, New York 11952 ` Re: Proposed Minor Subdivision for Baxter Sound Estates i Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM#1000-72-2-2.1 Zone: R-80 Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, March 11, 2002, adopted the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 and A-C Zoning Districts; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on February 12, 2001 on the map, dated December 20, 2000, and this approval expired on August 12, 2001; and WHEREAS, the applicant has received one extension of sketch plan approval to February 12, 2002; and WHEREAS, the applicant is requesting a second, six (6) month extension from February 12, 2002 to August 12, 2002; and a WHEREAS, the applicant is in the process of securing the Suffolk County Department of Health permits for the action; be it therefore 9 Baxter Sound Estates — Page Two — 3/12/02 ,RESOLVED, to grant a six (6) month extension from the above date, retroactive from February,12, 2002 to August 12, 2002 for the proposed minor subdivision Baxter Sound Estates. Please contact this office if you have any questions regarding the above. Very truly yours, y Bennett,Orlowsid Jr. Chairman f it L: k i :Tb"SI3IJA Y. HORTON h°°��FFocO�s JAMESA. RICHTER, R.A. s. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Fa . (516)-765-1366 y�0 aQ� Tel-(516)-765-1560 I OFFICE OF THE ENGINEER i TOWN OF SOUTHOLD a , March 5, 2002 Bennett Orlowski, .lr. N Chairman - Planning Board Town Hall, 53095 Main Road : Wow =• x Southold, New York 11971 �r Re`. Baxter Sound Estates a": • u u Lill SCTM #: 1000-72-02-2.1 Southold Town Dear Mr. Orlowski: The Architect for the above referenced project, Mr. Tom Samuels, has subMitted an alternate proposal for addressing the accessibility of the proposed minor subdivisiorl. I have enclosed a copy of this plan for your reference. The modified plan detail enclosed meets or exceeds all of the requirements for site access that have been established by the Planning Board during a previous review. If you have any questions concerning this report, please contact my office. erely, ames A. ichter, R.A. ti, .y4. 2882 ? 167346407 SRhUELSSTEELMRN PAGE 1,02!02r ._, r. izv?+z ❑9:30 1*AC z128fi84915 CLLFFord Chtulce &, Rosers 2004 01:57P FROM TO:l ?M3?5 P:4.4 It g. Us X�+a fr �� NMI : :. { �.` *, k 1 r colt Zh � nom' E Ktiler 77;r CA z a LE R.. i µ� 1 PLANNING BOARD MEMBERS F04 BENNETT ORLOWSKI,JR. - `Z`® G.y P.O.Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J.CREMERS CA Z Southold, New York 11971-0959 KENNETH L.EDWARDS i Telephone (631) 765-1938 GEORGE RITCHIE LATH O ,JR ��{,�� ®� Fax(631) 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 28, 2002 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find one (1) survey for the Minor Subdivision, Baxter Sound Estates, located on Oregon Road in Cutchogue. SCTM# 1000-72-2-2.1 o The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, ark Terry ?Ianner��Sr. Envir- mental enc. FF81/( JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN 14ALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 F�. (516)-765-1366 TeL(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Bennett Orlowski, Jr. February 12, 2002 Chairman - Planning Board ,Town Hall, 53095 Main Road .Southold, NewYork 1,1971 Re: BAXTER SOUND ESTATES Subdivision & Bond Estimate Review SCTM #: 1000-72-2-2.1 Dear Mr. Orlowski: As peryour request, I have reviewed the Bond Estimate and the most recent site plan forthe above referenced project. The Plan had a revision date of 8/10/01 and was prepared by Joseph Ingegno, Land Surveyor. My review comments are as follows: I. The 20' wide ROW as indicated on the plan does not meet the 25' minimum requirement of the Town Code. However, due to the fact that the width of this ROW is pre-existing and the alignment is straight,this should not be considered a prominent factor with regard to site access. 2. The existing driveway, as indicated on the plan, runs across the corner of the adjacent property along the North Easterly lot line of Lot# 1. This proposed ROW should be constructed in a mannerthat would allow for a turning radius that would not encroach onto adjacent property. I have enclosed a sketch of one example of how this could be achieved. 3. The Bond Estimate includes the installation of Street Trees. Due to the narrow width of the pre-existing ROW and the existence of open farmland on each side of the road,the installation of new Trees may not be in the Towns best interest with regard to this particular location. Please let me know if you wish to remove this item from the estimate. 4. The Drainage design as proposed by the site plan is adequate and meets the minimum requirements of the Code. If you have any questions concerning this report, please contact my office. erely, cc: Peter Harris ;JamesA. Ric ter, 134A, (Superintendent of Highways) ICU SoutholdTown Planning Board z JOSHUA Y. HORTON =�o�aguFFo[,�co�. JAMES A.RICHTER, RA. SUPERVISOR cc x ENGINEER TOWN HALL - 53095 MAIN ROAD �y • TOWN OF SOUTHOLD,NEW YORK 11971 Fax (516)-765-1366 _�Ql . 4� TeL(516) 765-1560 i OFFICE-OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE BAXTER SOUND ESTATES OREGON ROAD,CUTCHOGUE,TOWN OF SOUTHOLD I SCTM#1000—72—02—2.1 i DATE February 12,2002 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 1,200 C.Y. ROUGH GRADING/SOIL STABALIZATION f UNCLASSIFIED EXCAVATION $ 3.00 3,600.00 f DRAINAGE 2. 7 EACH CAST IRON INLET GRATE&FRAME 500.00 3,500.00 € 3. 88.5 V.F. 8' DIAMETER LEACHING POOL 250.00 22,125.00 y 4. 30 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 750.00 5. 2,500 S.Y. FINE GRADING 1.50 3,750.00 n d SURFACING 6. 140 C.Y. '/4"STONE BLEND WEARING COURSE 135.00 18,900.00 7. 2 EACH STREET LIGHTS 2,000.00 4,000.00 8 720 S.Y. TOPSOIL&SEED 7.50 5,400.00 9. 2 EACH STREET SIGNS 200.00 400.00 10. 70 EACH STREET TREES 200.00 14,000.00 11. 1 EACH FIRE WELL 15,000.00 15,000.00 12. JOB MAINTENANCE & PROTECTION OF TRAFFIC — 2,000.00 BOND ESTIMATE TOTAL $ 93;425.00 a 6% ADMINISTRATION FEE S 5,605.50 i 4 a m m r r �a P, ` w d0� mss. O IPA oy F� t� do 0 9� I i i Lj PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 Chairman = P.O. Box 1179 WILLIAM J.CREMERS C* Southold, New York 11971-0959 KENNETH L.EDWARDS %' Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. O,y �� Fax(631) 765-3136 RICHARD CAGGIANO I i PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 11, 2002 Abigail Wickham, Esq. Wickham Wickham&Bressler 10315 Main Road, P.O Box 1424 Mattituck,New York 11952 Re: Proposed Minor Subdivision of Baxter Sound Estates SCTM#1006-72-2-2.1 Completion of Revised Environmental Assessment Form Section D.Informational Details and Water Supply Narrative Dear Ms. Wickham: Water supply and quality within the Town of Southold is a serious community issue. Public water supply, although provided by the Suffolk County Water Authority, is determined through the current and projected use ofthe community. To date, the supply does not meet the demand,however,water use is controlled by an individuals' actions and can often be mitigated through numerous water conservation measures implemented during the planning process. Water quality is very difficult to control. Although point source pollution can usually be traced to its origin,non-point source pollution is boundless and one of the largest threats to local environmental and community health. Non-point source pollution has been identified as the primary cause of water quality degradation in more than 90 percent of New York State's impaired water bodies. In the Town of Southold, localized well and surface water contamination already exists. Consequently,the Town of Southold Planning Board in cooperation with the Suffolk County Water Authority now requires the completion and submittal of the attached Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative as part of the SEQR review process. Until a completed Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative is submitted,applications will be considered incomplete and the SEQR review will not proceed. Sincerely, ennett 0 wski R. Chairman Enclosure r 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 j 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- ublic water.suppl3 is posed. indicate the abili 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 i explanation of status of review by agency. 5. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts(If any).Conservation measures should include,but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of`natural" stormwater management practices (grass swales, filter strips,created wetlands,etc...). E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. i 6 u�l. j LAW OFFICES i WICKHAM, WICKHAM.a BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND MELVILLE OFFICE IWILLIAM WICKHAM NEW YORK 11958 ERIC J. BRESSLER 275 BROAD HOLLOW ROAD 'ABIGAIL A.WICKHAM SUITE II I GORDON 631-298-8353 MELVILLE,NEW YORK.11747 'LYNNE M JANET GEASA TELEFAX NO. 631-298-8565 631-249-9460 TELEFAX NO.631-249-9484 February 5, 2002 Southold Town Planning Board Town of Southold Post Office Box 1179 53095 Main Road Southold,New York 11971 Re- William J. Baxter,Jr. Subdivision Application—Baxter Sound Estates SCTNW 1000-72-2-2.1 Gentlemen: r We hereby request an extension for submission of the final maps for sketch plan approval for six months. Since the last extension,we obtained Health Department approval for the filing of private well covenants, which have been recorded. We believe this is the final requirement of the Health Department. We are also making arrangements with LIPA for provision of utility service to both lots. On the Planning Board requirements,the Town Engineer and your Board are reviewing the estimate for road improvements which we submitted to you on October 10, 2001. The applicant has exercised due diligence in proceeding with these applications and the requested extension of sketch plan approval is necessary in order to complete Health Department proceedings and make the final submission to your Board. Enclosed are two copies of the map for the Fire Department's review. Since the subdivision is for only two homes, we ask that you consider a wavier of a fire well requirement. Thank you for your consideration. Very yo sy AAWIdme Abigail A. Wickham enc./30/shdtpb C L. I F F O R D CLIFFORD CHANCE Sow ROGERS &WELLS LLP C H A N C E 200 PARK AVENUE R O G E R S & W E L L S NEW YORK NEW YORK 10166 0753 TEL +1 212 878 8000 FAX +1 212 878 8375 www.cliffordch,anoe.com L. Kevin O'Mara, Jr. Partner DIRECT.TEL,..+1.212.878.3285 ... DIRECT;FAX'..+1.212.878.4915 kavin.omara@cliffordchance.com November 1,2001 VIA FAX AND MAIL pr1��x: tk+pi^? ag^' rI . V . Mr.Bennett Orlowski Town of Southold Planning DepartmentUy '0 j 2u111 P.O.Box 1179 Southold,New York 11971 SouthcIdTown 1 Dear Mr. Orlowski: I am writing,to you at the suggestion of Melissa Spiro. We are in the process of purchasing a,parcel of land from Gilliam Baxter, on Oregon Road in Cutchogde,on the Sound. The parcel u'Vestiion s the subject of a minor subdivision filing which the Southold Town Planning Board will(hopefullyf) j be a I roi lug�horfly- Iri cdnnection with this'filing, a road estimafe'has been submitted 'and a b""ond will be poste 'i'elatmg ta=irnprovements to the `dole"'of the flag`parcel Which will°(idllowing developmeirt f both 'of the Baxter parcels)"serve three resrderice's Witll''regard 4611&eseroad improvements,we hove two questions/requests for you." First,,as I understand it the Town Code requires the road to be bordered with trees (70, according to the bonding estimate) and grass. I respectfully submit that in this instance, the tree and grass requirement be waived. The area through which this road passes is all farm fields; a row of trees would destroy the farm field vistas for all of our neighbors, and would eventually shade farm fields owned by otbe . Also,in this location,we do not believe that the grass and trees would be likely to survive_ We had Hoped to make the road as unobtrusive as possible to preserve the feel of that part of Oregon Road. We do intend to plant along the road, although most likely with shrubs such as rosa rugosa or indigenous wildflowers, which are likely to fare better, and fit in better, with that environment, If yogi would like to hear from anyone else on this point,please let me know. Our second request relates to the timing of the road improvements. We are eager to improve the road for our own purposes;we expect to start construction of our home this Spring and would like to have a more "finished"road for access once the construction is completed. However,we do not yet know the plans regarding the second Baxter lot, which we understand may have.also been sold (pending approval of the subdivision). As we will own the road and will be required to pay for these impro*emenIw&lask 6it;''Irf the owners of the,other"parcel which is part of the subdivision intend, to commence their bWudcoristruction project shortly,we be allowed to put aff the load improvements their'construchon" l-wouidl ate to have'tl e road�improved, only to see it bacldioes anis bulldozers fo'r pnofher constriietion{pioject" I'arri Rssurnuig that, ilii any lev'enf,1 we would not have to complete ihe'r"oad rmprovemen at least untilour own project is c mplete_ �Tf there are no plans to Icornmence construction on the,second parcel, then of course we will prokeed iwith the road improvements fdllowing completion of our home,and woik out C L I F F O R D C H A N C E R C G E R S & W E L L S CLIFFORD CHANCE ROGERS&WELLS LLP Mr.Bennett Orlowski Page 2 November 1,2001 any repairs to the road required at the time (if ever) that construction is completed on the second Baxter parcel. I would be happy to attend a work session of the Planning Board, or the Planning Board meeting itself, to explain further our plans for the area if you believe it would be helpful. Please do not hesitate to contact me,or Tom Samuels,our architect(734-6405),if you have any questions. ' Thank you for your attention to this matter. Sincerely, a L.Kevin O'Mara, r. i cc: Tom Samuels VALERIE SCOPAZ �� Gym Town Hall, 53095 Main Road TOWN PLANNER o P.O. Box 1179 y Southold,New York 11971 �G � Fax(516) 765-3136 Telephone(516)765:1935 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Town Engineer c From: Valerie Scopaz, AMP, Town Planner p i Date: October 16, 2001 Subject: Proposed Performance Bond Estimate for Baxter Sound Estates SCTM#1000-72-2-2.1 Please review the attached Performance Bond Estimate for completeness and accuracy. VS:ck 'j i 'i' LAW OFFICES WICKHAM, WICKHAM 8C BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 - 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE,NEW YORK 11747 JANET GEASA - TELEFAX NO. 631-298-8565 63i-2495480. TELEFAX NO.631.-249-9484 October 10,2001 Southold Town Planning Board Post Office Box 1179 I 53095 Main Road Southold,New York 11971 Re: Proposed Minor,Subdivision of Baxter Souhd Estates SCTM# 1000-72-2-2.1 l� p Dear Sir or Madam: Enclosed is the amended subdivision map containing the Board's requirements I requested in its letter of January 30,2001, except for the recording information for the Health Department covenants which will be added to the map shortly. The covenants are being reviewed by the County attorney, and upon approval,will be recorded. Also enclosed is the bond estimate for the road improvements for review by the Town Please advise if anything further is required to proceed to final approval. I ' Very truly yours, Abigail A.Wickham AAW/dmc - enol. 30/shdtnpb I OGT 12 2uul V Bond Estimate For The Minor Subdivision Baxter Sound Estates Roadway - 2 inch crashed stone wearing course, spread and compacted 1400'x16 ` xT' 138 cubic yards @$135/cy= $18,630.00 L Drainage: Sev.,en(7)leaching pools 7@$1500 each= $10,500.00 Piping- 30 LF of 18 inch CMP pipe@$25/LF= $750.00 Street Trees• 21/2"to 3" Caliper 35 foot spacing 70 @$200.00 each= $14,000.00 Topsoil and Seeding 4"inches of topsoil.shoulder 4'-0" - 1400' x 4' x 4" Topsoil delivered -70Cubic yards 70 cy @ $50.00= $3,500.00 Shoulder raked, seeded 720 square yards @ $3.00,= $1,875.00 Street Signs 1 each 1@$200.00 each = $200.00 I i i. Total Improvement Cost = $499455.00 KS of NEW YO 052 �a ! LAW OFFICES if WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O, BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11950 BROADH iOFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE Ill LYNNE M.GORDON 631-298-8353 MELVILLE,NEW YORK 1[747 'JANET GEASA TELEFAX NO. 631-298-8565 63I 249-9480 TELEFAX.NO-631-249-9484 October 10, 2001 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re; Proposed Minor Subdivision of Baxter Sound Estates SCTM# 1000-72-2-2.1 Dear Sir or Madam: Enclosed is the amended subdivision map containing the Board's requirements requested in its letter of January 30, 2001, except for the recording information for the Health Department covenants which will be added to the map shortly. The covenants are being reviewed by the County attorney, and upon approval, will be recorded. Also enclosed is the bond estimate for the road improvements for review by the Town engineer. Please advise if anything further is required to proceed to final approval. Very truly yours, Abigail A. Wickham AAW/dmc encl. 30/shdtnpb _ L� _® old Town Planning Board Bond Estimate For The Minor Subdivision Baster Sound Estates Roadway: 2 inch crushed stone wearing course, spread and compacted 14OO' x16 ` x2" 138 cubic yards @$135/cy= $18,630.00 Drainage: { Seven(7)leaching pools 7@$1500 each= $10,500.00 Piping- 30 LF of 18 inch CMP pipe@$25/LF= $750.00 { Street Trees: 2 %2"to 3"Caliper 35 foot spacing 70 @ $200.00 each= $14,000.00 d Topsoil and Seeding u 4"inches of topsoil shoulder 4'-0 -1400' x 4' x 4" Topsoil delivered - 70 Cubic yards 70 cy @ $50.00= $3,500.00 Shoulderraked, seeded 720 square yards @ $3.00 = $1,875.00 Street Signs 1 each 1@ $200.00 each = $200.00 Total'Iin&O'veinenf"Cost $499455.00 i vJ Vv O M X ) 0526 SSloop,-. K PLANNING BOARD MEMIBE4W ��51iFF04� BENNETT ORLOWSKI,JR. `Z� ,�G Town Hall, 53095 State Route.25 Chairman _ �J� P.O. Box 1179 WILLIAM J.CREMERS h 2 Southold,New York 11971-0959 KENNETH I._EDWARDS Q Telephone (631) 765-1933 'GEORGE RITCHIE LATH",JR. .j,.p • - ��� Fax(631) 765-3136 RICHARD CAGGIAN0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2001 9 Abigail Wickham, Esq. Wickham, Wickham, & Bressler 10315 Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Minor Subdivision of Baxter Sound Estates SCTM# 1000-72-2-2.1 Dear Msi Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 10, 2001: WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991; and WHEREAS, the Planning Board determined that the subdivision approval had expired; and WHEREAS; a new application has been received; and WHEREAS, the Zoning Board of Appeals determined on January 24, 2001 that the original:yariance of September 16, 1988 (Appl. No. 3744)was still valid; and WHEREAS, the Planning Board determined that since the two applications are identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 8, 1991,the October 16, 1989 Negative Declaration is still valid; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps dated December 20, 2000 on February 12, 2001 and this approval expired on August 12, 2001; and I Ali ✓ Baxter Sound Estates -Page Two 9/11/01 WHEREAS,the applicant'sattorney has presented evidence in support of their applit:ant s attempt to submit a final application; and WHEREAS, the applicant has demonstrated due diligence in pursuing the necessary approvals as set forth in his attorney's letter(Abigail Wickham, Esq., dated August 13, 2001); therefore ' BE IT RESOLVED that a six month extension of sketch plan approval be granted to February 12, 2002. Sketch.plan approval is conditionalupon submission>.of final maps within sic months of the date of sketch plan.approval. The final maps, six(6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a.final public hearing will beset. These maps should also note the Liner and page numbers of the filed.Declaration of Covenants and Restrictions from 8, March, 1991,` which applies to this`subdivision (copy attached)'. A cash payment in lieu of land reservation will be:required. The amount to be,deposited with the Town shall be $10,000 ($5,000 per vacant lot in the subdivision). Payment is required,prior to the final endorsement of the map. In the meantime, please send us two (2) revised final maps for the purpose of soliciting input from the Board of Fire Commissioners regarding the siting of the fire well. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman + DECLARATION OF COVENANTS AND RESTRICTIONS c r DECLARATION made this i5f day of /AA�'l�l 1991, by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant", WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate-at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072, Block 2 , Lot 2. 1, being ,the premises described g in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Liber 3975 at page 263, a metes and bounds )ist'rict description of which is shown on Schedule A attached hereto 000 and made a part hereof, hereinafter referred to as the ',ection )72.00 "premises" . ( .clock WHEREAS, the Declarant intends to subdivide said )2.00 premises for residential purposes and desires to subject .0t = )02.001 said premises to certain conditions, covenants and ) restrictions in order to preserve the maximum open space, vow natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of 'r AR 8 1991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning /10Board of the Town of Southold for approval of the \�- subdivision of the premises as a Minor Subdivision, to c� contais not more than two (2) lots or parcels, � n � i 112OPC449 NOW, THEREFORE., the declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, # covenants and restrictions hereinafter set forth, and that eve purchaser of said y portion thereof, by every p premises or an the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be heldsubject to the a covenants, conditions and restrictions hereinafter set forth. 1. No lot shall be subdivided or its lot lines p changed in any manner at any future date P unless authorized by the Southold Town Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent. of preserving as much of the natural vegetation on the site as possible. -Limiting clearing and grading will minimize runoff and erosion. 3. No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable icMj 1 structure. The structure shall be designed 1 and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all I applicable permits.. ft 5. Within 50 feet of the top edge of the bluff _ there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing F' over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper 4 , maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure - proper nsure -proper maintenance and preservation of the natural buffer. b. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. lyr� 51 Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and { year first above written. I` - i, BAX ER P OP TIES INC. By; i I g SCHEDULE A ALL that certain plot, piece, or parcel of land situate, lying and being at Cutchogue,. in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. I Swiatoo-ha, running thence North 47 degrees 49 mintates 00 { seconds '[Fest and aloaxg said mentioned' land a distance of 183.7.08 feet to the ordinary h ghwater mark' of, Lond Island Sound; running thence on a course Norte 71 degrees 39, - minot s 40 seconds East measuring 2;x,4.88 deet, alzng the or 3L'4' hwatr mark of hand Isldod to 1e� now or z £arm6f o� 1tip Abl Gallagher,; runnxn thle' Spin 4T dagtees+ O ,n[inuteh 46 seoon4s East, klonq+,the� said last d 1 nct a distance of 605 7% pt,, ruaining tb j ce Nn dc' ees 44 minutes 30 Seco E s t r � K stlil.. along said list as tioeed lap a distance of 70.96 feet; running thel e Ttgrt 47 degrees 05 minutes 40 secpnds W st„ still sand has£ mentioned land, a di;stancfe of 512.85 feet to ord, ia hixawater mark of Long Isla Spundf runh�ngg thence dal a e aur'se,r.1 h 71 degrees 41 minu es t me rshg , as deet, aloe the .okdinary highto laalda now, or ¢ o 7e 1Sincik; running t ie South 47, d grees �es 4 se, East and along ick last aq?nt'ii sed a list acge of 55,2 22 feet to a ppxnt# &unn t nce 5a3u derees 23 minutes 30 seconds Wit and a.loaicl said lasAt b"A'. io�ted land a distance of l3 m 65 deet to a 'tolnt; rua i g the t e Sc�i th 31 degrees 32 minutes 00, seconder West and stlil ai ng said last mentioned lands ,a distaff of i"t b a point; thence running' Soxrth 51stdk ees 44 ' minutes, 30 s6conds West a dittk ance of 326,,35 feetence runa�iikrig South 47 ,degrees 49 minutes Eas£ � diitan a of lid 08 ieet; to the northerly line of Oregon Roads running thea�c� 'South 51 degrees 44 minutes 30 sed,,dnds west a. distance of 20.28 feet to the point or plaPce of begin ning. BAXTERS2 14, 9N253 STATE OF NEW-YGP4{) CoT772GC ICCI // COUNTY OF/ctJr 2 cI) V On this 1 day of ff{Ctnr(_'� 17q! , in the year 1991 before me personally came a)/111krr_7j_' 155l'4f��rJ K' to me known, who, being by me duly sworn, did depose and say that he/she- resides at No. that he,ls is the [7lr_SI of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument; - exP4c! that it was so y order of the Board of Directors of said corporation, and that he/she signed his/4ker- name thereto by like order. tJ y Pu 131-4 C i &2 lj. 3N17h` r;a3 e, NG 6t 6 0 �nW a-a3 e e4 ,yT 7. a8 a 'own Hall. 53095 Main Road P.O. Box 1179 a ° s Southold.New York 11971 � 1' TELEPHONE (516)766-193& - PLANNING BOARD OFFICE {I TOWN OFSOUTHOLD 1 NEGATIVE DECLARATION DATE: _October 1,6 , . 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION• Baxter Properties, Inc. SEQR STATUS: Type I Unlisted CONDITIONED NEGATIVE DECLARATION: YES (NO111 DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 5. 022 acre parcel into 2 lots. This minor subdivision is located at Cutchogue. SCTM #1000-72-2-2. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. i Because there has been no correspondence received from the. Department of Health Services in the allotted time, it is assumed that there are no comments or objections fromthat agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the: allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Melissa Spiro, Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: 1 Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith. Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning. Board cutcxourz,. L.. XHOGUE FIRE DISTRICT 1PE) 01� s Cutehogue, N.Y. elephone s 11935 (516) 734-6907 February 21, 1990 i ` Mr. Bennet Orlowski, Chairman Southold Town Planning Bd. Town Hall Southold, N.Y. 11971 Ref;Baxter Sound Estates Dear Mr. Orlowski, Reference the, above, properties, it is the opinion of this board that a new fire well be placed as marked by an X on the enclosed drawings. The Fire Well is to conform to our specifications and be equipped as follows; 1, 20H.P. , 3 Phase, Submersible pump capable to deliver 400 GPM at 10 PSI discharge, at center of tee at top of well. Pump shall be of submersibleturbine type, equipped with grease packed bearings in bowl assemblies. The bowls shall be of a smooth finish design to guide the water from one stage to the next wtha minimum of turbulence. 2. Top of the well is to be finished off with an 8" x 410 well seal. 4" galvanized tee and plug, and 4" x 4-1/2" solid brass ferrule and cap. The hose threads and hydrant wrench nut shall conform to the standards of the Cutchogue Fire District. Due to the location of the well the Fire District will require that an easement be made to facilitate the access and maintenance of the Well. If you have any questions, please advise. Very truly yours Mathew J. M tin e \3j UL Secretary $ v mjm/encs. FEB 2 6 1 F w. c 7. c 'h3 .01 Y m Ra..x 7Y�1., }:rl 5 F.S v 9 S$,Ci� ��� F S�[ �5.11. }",Yi' �•lY ��. 1 ?� .Y ,.. iJ Ir ...3�4 � .. `yy.`... .00 14NI pm ;N t z { 7 YAQ ms lap 13 11 T Y S D Y J• y'f' 4 �( / { h n.Y i 41 t f rf 0 L j w LqW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE -ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE III 1 631-298-8353 MELVILLE,NEW YORK 11747 LYNNE M.GORDON TELEFAX NO. 631 298-8565 JANET GEASA 631 249-9480 TELEFAX NO.631-249-9484 August 13, 2001 Southold.Town Planning Board Town of Southold PostOf�fice,Box 1179 5'1}951b'1 n oad Southold NewVork11971 .r; Re: William J. Baxter, Jr. AUG 14 2081 Subdivision Application—Baxter Sound Estates SCTM# 1000-72-2-2.1 SoutholdToWn Gentlemen: Ptanal Bard '�,tiWe hereby request an extension for submission of the final maps for sketch plan approval for six months. Since the last extension, we believe we have met all Health Department requirements except for the filing of private well covenants, which have been signed and are being submittedto the Health Department now. In the interim, we were required to drill and test two wells and present a variance request to the Board of Review, which was granted. On the Planning Board requirements, we have had the maps revised to show the turnaround at the end of the driveway. In addition, the surveyor completed the road profiles last week and the engineer is writing up the estimate for the road improvements so the Town,Engineer and yot rBoard may review it. The applicant has exercised due diligence in proceeding with these applications and the requested extension of sketch plan approval is necessary in order to complete Health Department proceedings and make the final submission to your Board. Very truly yours, Abigail A. Wickham 30/shdtp�l-;. r_ . . .. i AutJ-13-01 S.Q.:24A MiW16 9SSSFiI� . P.01. ' LAW OFFi"S W&CKHAM; WICKHAM 8 BRESSLER, F.c !03:5 MAIN ROAD, P,O, SOX 1424 MATTITUCK, I ONG ZLANG Pr LLIA!h%CM4AM11952 MELVlLLL GV FIC,, NE'P{Y'OAh( r21FJ;ARS C _t "7r a,ftVAG Hull[14/GC?AO h3llgnx�LA WICkFr§M —. $V}ITF.t;I $31-E98-63 3 `. MELVIIt• M1CW'YO'RK 11]45 LY*A',L N9 p9RMN' 'I' el CT GF.ArA _ TELEFAX 61`5, g ILLS AX 51Di631•YaE�.'-`}4190 ' A���St 1.Sa 2t�ill 1 I Southold Town Plann.ng Hoard J Town of Scuth*ld- Post 0f`aice Box 1179 � r3`�;tlrla�t'�l� 1 c� hold. W i"ork 1197,1 Re: Williamh Baxter,Jr. Sulbdivision Application—Pax,er Sound Estates S'CTNlat 1000-72-2-x.1 �entlemelw: We hereby reoucst an cxtens§on iirr 4uhntissi,on of tile t3rial tita Js tin skcieh plat) gjlroval rbr six months: Since the I3atextension, we believe we have e rncf al: Health Dej'artment requirenm,nts except for the tii9ng of private well covenants, ivlzlch hia%'e Been signed and,,irt being suhmi tcd to the llealth 1.3apartment now. 1n the int'-'rim,il we were rc,luircd to drill and test two«tills-and.present a variance request lck'the B.,ari;afiavirw;u`hic!s was granted. On the Pl mrr nE Board r-Nuiremen!s,we hu'vc had the tneprevised'Lo show•the turmm-ound at the end of the di' eway. In addition. the surveyor compl w\i the road profiles dalrt seek andthe cngine,x's writing up thG!estimate 1.11\01e road improvements so the Towe?Engineer and your Berard mayrcvic,v it, \ 'I'tt�ral��rir'�,antt�ts„cue?'sir.�l',tJlle�sl�la�ct]�;csicl:yax<�:eedeii��evsl�i il.�:,ic,3llp��ii�af\t24`and the rcrluusted exiens.or. ofskolch plain approval is n+.cus5ary m order to coinpletr I: alth cpaCtnzent nreJr, cding and make the final subt;ll 3io t to your Retard. Very truly::ours. Jy . f his gail A. Wickham A.M1 W ldaw 3�Lxh,ilr,n AUG 13 2t70t /y@pggg ygd 1 jI i P,4, 7KN 1VG BOARD mtm E $VFfO[� O� THall; 53095 State Route 25 � a�NNETT oRLOWsz�,JR. �' p Town Chairman C� ; P.O. Box 1179 WILLIAM J. CREMERS. Southold, New York 11971-0959 WILLIAM II EDWARDS Telephone (631) 765-1938 GEPRGE RITCHIE LATHAM,JR. Fax(631) 765-3136 {k` RICHARD CAGGIANO �fJfa� aO�. Y PLANNING BOARD OFFICE 9 TOWN OF SOUTHOLD 's i, February 13, 2001 Abigail Wickham, Esq, Wickham, Wickham, & Bressler 10315 Main Read P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Minor Subdivision of Baxter Sound Estates SCTM# 1000-72-2-2.1 Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, February 12, 2001: WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991; and WHEREAS, the Planning Board determined that the subdivision approval had expired; and WHEREAS, a new application has been received; and WHEREAS,,the Zoning Board of Appeals determined on January 24, 2001 that the original variance of September 16, 1988 (Appl. No. 3744) was still valid; and WHEREAS, the Planning Boarddetermined that since the two applications are identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 8, 1991, the October 16, 1989 Negative Declaration is still valid; be it therefore RESOLVED that the Southold Town Planning Board grant sketch plan approval on the maps dated December 20; 2000. c Baxter Sound Estates'- Page Two -2113101 The Planning Board may require additional covenants and restrictions upon ' review of the,final map. You will be notified if any covenants and restrictions are i required. ? Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board_ The final maps, six(b) paper printand two (2) mylars, must contain a current stamp of-Health Departinent approval and must be'submitted before a final publichearng will be set The Planning Board has reviewed the property and has decided,that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be$10,000($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. Please contact this office if you have any questions regarding the above. Verytruly yours, /ey � y0J 4-cr Bennett Orlowski, Jr. Chairman f i i. l f i i; 4 i i �4 r PI:ALYNING BOARbMlkNIREAS ,SUEFO( BPNNETT ORLOWSI£I,JR. own Hall, 53095 State Route 25 � Q�' OG T Chairman h� y P.O. Box 1179 WILLIAM J.CREMERS 'O Southold,New York 11971-0959 KENNETH L.EDWARDS w Telephone(631) 765-1935 GEORGE RITCHIE LATHAM,JR. G ♦ `F Fax(631) 765-3136 RICHARD CAGGL9N0 ...'I'�fjOl �aSj f 1.- '. PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 30, 2001 Abigail Wickham Wickham,Wickham, &Bressler 10315 Main Road P.O. Box 1424 Mattituck, NY11952 RE: Proposed Minor Subdivision for Baxter Sound Estates SCTM#1000-72-2-2.1 (Cutchogue) Dear Ms. Wickham, The Planning Board has reviewed the latest map for Baxter Sound Estates. While there are a number of changes to be made, the basic layout has been approved and the map will receive sketch plan approval on February 12. The Board has decided that since there are no significant changes to the map, the negative declaration from October 16, 1989 can still stand, I have included a copy with this letter, and it will be mentioned in the sketch approval resolution. You should proceed with your Health Department application. I have talked with the Zoning Board, and it appears that we will have no problems with the variance remaining valid. I discovered that the reason for the conflicting lot area calculations is a different location for the Mean High Water Mark. I am sending you a R copy of their reply. The map has been forwarded to the Town Trustees for review of the Coastal Erosion line and the existing staircase. I am not sure if the fact that the staircase crosses property boundary lines will be a problem. It may be something that we can solve in the Covenants and Restrictions, and the Gallaghers may have to become involved. I received a preliminary reply from the Trustees(copy attached). The following items should be corrected on the map: 1. The property is located in the Cutchogue Fire District. 2. The boundary between the R-80 and A-C zones should be shown, and both should be listed in the legend. 3. Labeling error "Proposed Right of Proposed For Lot 2 second"Proposed" should be changed to"Way". 4. Listing of owners in legend unclear—if they live at different addresses, they should be separated. S. The test`hole location should be shown, as well as when it was done and who did it. 6. The full district-section-block-lot number should be given. 7. A cul-de-sac or turning circle is needed at the end of the road. This should be located next to the Gallagher lot and Lot 2. 8. The proposed cesspool location for Lot 2 is within 100' of the top of bluff, which violates the Covenants and Restrictions filed on this property during the previous subdivision process;(see attached), This is a requirement of the Suffolk County Planning Commission. The cesspool should be moved'. 9. Reference the filed Covenants and Restrictions on the map. The Town Code calls for a 16'-wide stone blend road in a 25'-wide right-of-way. The Planning Board is unhappy that the flag lot access is only 20' but there is nothing that can be done as this lot is preexisting. Road and drainage plans should be submitted for review. The Town Engineer, Janie Richter, can answer any questions about the road and drainage plans. When the new maps are received, they will be submitted to the Suffolk County Planning Commission and Cutchogue Fire Department for review.. A firewell was required last time. The County should not be a problem, as the existing covenants include many items that they would mention. T notice that there are a number of large trees on the property. These should be retained during development, as they add value to property and provide visual buffers from the existing Gallagher house. Since most of them are outside the building envelopes, the Board asks that they not be removed without consulting the Planning Board. The two trees inside the building envelope maybe cut to construct a building. �Sincerely, Craig Turner Planner i FFO Albert J.Kru ski President �� �!(' Town Hall p 53095 Route 25 :James King,Vice-President .r �/: y� P.O.Box 1179 Henry.Smith t Artie Foster Southold,New York 11971-0959 IP07 Ken Poliwoda Oy ® Telephone(631) 765-1892 O Fax(631) 765-1366 a a BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Craig Turner,Planner i FROM: Albert J. Krupski, Jr., President t . Board of Trustees 0 a n qftft' ll AN 01 F . DATE: January 26,2001 S9 IdTaft' RE: Baxter Sound Estates, Minor Subdivision SCTM#72-2-2.1 The Southold Town Board of Trustees only began issuing permits in 1991,thus many existing stairs did not have permits. Under Chapter 37, Coastal Erosion, stairs are exempt,however they do require a permit under Chapter 97, Wetlands, if within 100' of, in this case,high-tide. The Board would also have no problem in letting two property owners share a set of stairs. r i PLANNING BOARD MEMBEI JFFO(,� BENNETTf}RLOWSKI,JR. rj�� C'OG Town Hall,53095 State Route 25 P.O. Box 1179 Chafrman WILLiatu J.CREMERS Southold,New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1935. GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: Albert T. Krupsk, Jr., President Town Trustees FROM: Craig Turner, Planner RE; Baxter Sound Estates Minor Subdivision SCTM#72-2-2.1 (Cutchogue) y DATE: January 24, 2001 The Planning Board is referring the Baxter Sound Estates subdivision map to your office for review. The property is located on Long Island Sound. The surveyor has drawn the Coastal Erosion Hazard line and the Top of Bluff line to coincide with a stockade fence on the Gallagher property(not part of the subdivision). If this is not sufficient for inspection, we can ask the surveyor to flag the line in the field. The Board would also Eke to know your thoughts on the staircase, which is located on two different parcels. Will it have to be removed, or can it be shared between the property owners? You should also confirm that it has the necessary permits from your office. i r f 4 I i 'AAIVBALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman �� 'y` 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A. Tortora + Southold, New York 11971 Lora S. Collins TSO AN. ZBA Fax (631) 765-9064 George Horning Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMORANDUM TO: Craig Turner, Planner /� FROM: Jerry Goehringer, ZBA Chairma, `�°' = DATE: January 24, 2001 SUBJ: Appl. No. 3744 — Baxter Sound Estates In reviewing the two maps attached to your January 18, 2001 memorandum, we find that the lot configurations are identical on the new survey of Mr. Ingegno as compared to the previous survey from Mr. VanTuyl. Therefore, another variance will not be necessary for the overall lot area shown on the survey dated December 20, 2000 (now shown to be 61.567+- sq. ft.), after adjusting the location of the current high water line. Thank you. JAN $5 2qA1 01 ft"dTOM ti PLANNING BOARD MEMBER gpFEO�,� BENNETT ORLOWSKI,JR. ® C Town Hall, 53095 State.Route 25 Chairman /�� OGya P.O.Box 1179, WILLIAM J.CREMER5 Southold,New York 11971-0959 KENNETH L,EDWARDS w Telephone (631)765-1935 GEORGE RITCHIE LATHAM,JR. • `F Fax(631) 765-3136 1 RICHARD CAGGIANO i PLANNING BOARD OFFICE i TOWN OF SOUTHOLD MEMO TO: Zoning Board of Appeals FROM: Craig Turner,Planner i RE: Baxter Sound Estates Minor Subdivision Appeal No. 3744 SCTM# 72-272.1 (Cutchogue) I L DATE: January 18, 2001 The Planning Board has received a new application for the expired minor subdivision of Baxter Sound Estates. The property is located on Long Island Sound in the R-80 and A-C zones, requiring a minimum lot size of 80,000 sq. ft. As part of the original application, the applicant received a variance to approve the undersized Lot#2 at 67,483 sq. ft. (see attached copy of decision rendered September 16, 1988 for Appeal#3744). On the new map, Lot#2 is calculated as 61,567.55 sq. ft. An examination of the maps (attached) shows that most of the disparity is caused by different locations for the High Water Mark. It is unknown whether this is due to natural erosion or a surveyor error. The buildable section of the lot is the same size. The Planning Board and applicant would like to know if a new variance will be required. ?Y�jL YIZS SU �tTown Hall,53095 State Route 25 s�NxF rx oz�Lawsxt �R. �d.,• yam ` P.O.Box 1179 Chairu a ;t .Southold,Newyork 11971-0959 WUUWJ CREMEaS ami Telephone(631):766-193$ KEn(NETTiL EDWARDS w -Pry Fax(631)765-3136 C'Et)RCxFSATOI LATH,4Ii4;.JR. : + Rzcro`la-�rAro y'Jlpl0} Ic ' PLANNING BOARD OFFICE TOWN OF SOUTHOLD fMO TO: Zoning Board of Appel OM: Craig Turner,Planner f Baxter Sound Estates Minor Subdivision Appeal No. 3744 SCTM#72-2-2.1 (Cutchogue) DATE: January 18, 2001 The Planning Board has received a new application for the expired minor subdivision of Baxter Sound Estates. The property is located on Long Island Sound in the R-80 and A-C zones, requiring a minimum lot size of 80,000 sq. ft. As part of the original application, the applicant received a variance to approve the undersized Lot#2 at 67,483 sq. ft. (see attached copy of decision rendered September 16, 1988 for Appeal#3744). On the new map;Lot#2 is calculated as 61,567.55 sq. ft. An examination of the maps (attached) shows that most of the disparity is caused by different locations for the I--Egh Water Mark. It is unknown whether this is due to natural erosion or a surveyor error. The buildable section of the lot is the same size. The Planning Board and applicant would tike to know if a new variance will be required. I o , Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, Lt., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P_GOEHRINGER, CHAIRMAN CHARLES GRQGONIS,JR. SERGE DOYIEN,JR_ JOSEPH H S/4 � l ACTION OF THE BOARD OF APPEALS i j i Upon application of WILLIAM BAXTER, JR. AND JANE BAXTER GOELLER for Variances to the Zoning ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way extending off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-2-2.1 and 3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of WILLIAM BAXTER:, JR. under Appl. No. 3744; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District '1000, Section 072, Block 2, Lot 2.1 and 3. 2. The subject premises is vacant and contains a total lot area of 5.022 acres, as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated March 10, 1987. I t e 2 - Appl. No 744 atter of WSLLIAM JANE BAXTER Abecision Rendered September 16, 1988 l 3. By this application, appellant requests approval of the insufficient lot area of not less than 67,483 sq. ft. , having 1310.08 ft. frontage along the Long Island Sound and 567.54 £t. average lot depth (referred to as Lot No, 2) . Lot No. 1 will contain a total area of 151,301 sq.. ft. with 224.83 ft. frontage along the Long Island sound. The entire premises is accessible to oregon Road, the hoarest. Town Street, by a private right-of-way within this proposed subdivision. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires 'a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. This Board does agree that the layout of the remaining section of land (established prior to May of 1983) does lend to the practical difficulties in this case and that the relief as requested is the minimum necessary as required by the Courts. 6. In considering this alternative relief, the Board also ` finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties (d) that the relief requested is not substantial in relation to the current lot size requirement; (e) that the difficultiescannot be obviated by some method feasible for appellants to pursue, other than a variance; {f) that the relief requested is the minimal necessary under the circumstances (g) that in view of the manner in which the, difficultes arose and in considering all the above factors, the interests of justice will be served by granting a variance, as conditionally noted below_ Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for Lot No. 2 of an area of 67,483 sq. ft. and average lot width of 130.08+- feet, as applied ? e 3 - Appl. No 3744 tter of WILLI,AMD JANE BATTER ecision Rendered September 16, 1988 i L i in the Matter of WILLf BAXTER, JR, under Appeal No. 3744, SUBJECT TO Tk�E FOLLOWIJUG CONDITIONS: 1. No further lot area reductions to less than 67,483 sq.ft. of this parcel; 2. All new construction must conform to the current zoning requirements. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen of Fishers Island was absent due to serious family illness. ) This resolution was duly adopted. � x lk GERARD P. GOEHRINGER CHAIRMAN 'r i j CAW OFFICES . WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD,. P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 119SR MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III .`LYNNE M GORDO'N 631-298-8353 MELVILLE,NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249.9480 j TELEFAX NO,63:1-249-9484 January 8; 2001 At: Mr. Craig Turner Southold Town Planning Board : PostOffieeBox 1179 . 53095 Main Road Southold;New York 119-11 %IAN L' LI30 1 Re: William J.Baxter,Jr. SOUthold Town Baxter Sound Estates Planning B08rd Dean Craig: Enclosed are three prints of the map on Baxter revised to show: 1. Flag portion as part of Lot 1, with right of way access over it for Lot 2. 2. Computation of Lot 2 area of 61,567.55 sq. feet. As the ZBA variance approved a lot of 67,483 sq. feet,please refer this matter to them with a request that their decision be reworded to apply to the lot as configured, since its area is subject to shoreline change. 3. Various changes requested by Health Department. Please review and advise. I would appreciate your referring this matter to the Town Engineer for a report on road improvements. Very truly yours, Abigail A. Wickham AAW/dmc encl. 30/shdtnpbl m C.Mestano w/map I LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. / 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND 'WILLIAM WICKHAM NEW YORK 11.952 MELVILLE OFFICE .:ERIE J.BRESSLER 275 BROAD HOLLOW ROAD "ASIGAILA.WICKHAM SUITE III 3 =1C.YNNE M.GORDON 631-298-8353 MELVILLE,NEW YORK 11747 pp 'JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 �9 TELEFAX NO.631-249-9484 j September 13, 2000 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Baxter Sound Estates—Minor Subdivision Application/Set-Off SCTM# 1000-72-2-2.1 Gentlemen: I We represent William Baxter, Jr. and Jane Baxter Goeller in the above application. The i following are enclosed in connection with the set-off application: L 1. Application of Approval of Minor Subdivision/Set-Off; 2. Part I of Full EAF and Short Form EAF; 3. Twelve prints of the map; 4. Schedule"A"—Legal Description; 5. Form Letter regarding drainage, grading and road construction; 6. Transactional Disclosure Form; 7. Copy of recorded Covenants and Restrictions. j S. GOBIL.check no. 1265 payable to the Town of Southold in the amount of$2,000. for$1,006: application fee and$1,000. inspection fee. i Your records will show that this application is virtually identical to an application made several years ago which was not completed. If you require anything further,please give me a call. I Very truly yours, Abigail A. Wickham V AAW/dmc � *, encs: P IFSEP " 6L `30/shdln b 3 6 2000,may om ngSoarRd LASER' FICHE FORM SUBDIVISIONS 1,iThr§ 'ter>!lipl ter mrlssr ig ,,'e 'rre,o Lp er;;F1Ghe dat ;i'i' L l- J J. �nl _ al.�. 1�� iN .i J Print Date:_:.2/27/04 SCAN :Da2: �{ s Proieof Type: . . Minor Status; ._1166[ Aogtoyal Proieotlani Baxter. Sound Estates Win. Laoatedora t4e_n/o:0reaon Road, w/o Bridge Lane in. Cutchogue . lrrf � Cttichopue �i, aTi'F�la�riie. . Abfoail Wickham:::Esa. .� � '�rn '�.. Wiflaim BaXfet , '1Tes�k ��R�fl ,A0prowil iDate: 1,13/03 PLAT Signed Date: CowhNfif'ing ,Date: OPTIONAL ADDITIONAL INFORMATION A data indicates that we have received the related information Zone 2' Zone 3: C and:R's : Homeowners AssSciation R.and_M Agreement: bW N a 1 r •� AMERICAN BEAGHGRASS AMMOPHILLA bl 'F illcyi_i(11 L11 = "� 2yr Plugs / q" OG -- BAYBERRY �g 2� MYRICA pannsylvanlca 24-30" / 36" OG W S Q BEACH ROSE RO5A rugosa Y 18-24" / 30" OG >- 1,0 9J k r < g5 W BLUE STAR JUNIPER W z lr' i/. " r " ! �',wu- __ 65 JUNIPERUS sc�uamW ata 'Blue Star' G • w-, � Q IS-18 / 30 OG � � •I- Jp O e'C'i Z - 9,P, 4- O LU 0 8 O OC �5 - r.. ✓' „�; p rl,li r , , i , ,lil,�ll/� 1, r i ryi I '^r !i - 9 ° i,: T �/ AMERICAN BEAGH6RA55 AMMOPHILLA bre0igulc,' 5 ' " „n'l /l, /°�P,, ' ,nn,l r sl�� l/ �,, °° ° ° ear`" - 2yr Plugs / q" OG n/ail,AmN�i� i/ �,p,i!i, / ,-�- v '�.-'. °° J MYRICA pennsylvanica 24-30" / 36" OG BEACH ROSE ROSA rugosa 9 070 Ems, ,0 18-24" / 30" OG �� �9 0 3o VC, BLUE STAR JUNIPER JUNIPERUS squamato 'Blue Star' ' 30" OG w' " �9 C1 :0 S `D y j, J new If PROJECT-M: 2005 DRAWN BY: UT CHECKED BY: TC$ J DATE: 7117102 - SCALE: 1" = 30'-0" SUBJECT PROPERTY SHEET TITLE: e, BLUFF PLANTING o°s mpg � PLAN SHEET NO: PLANTING PLAN KEY MAP A P � � SCALE: = 30'-0" . 1B SCALE 1 " = 600 ' 60 u , , • C L I F F 09 D CLIFFORD CHANCE US LLP Pei 31 WEST 52ND STREET Cii H A N Ci E NEW YORK NY 10019 6131 �J TEL +1 212 878 8000 FAX +1 212 878 8375 www.clilfordehance.com Kevin O'Mara Partner DIRECT TEL +1 212 878 3285 DIRECT FAX +1 212 878 8375 kevl n.omara®cl Iffordcha nce.com August 30,2004 pp VIA FACSEKME D U D Mr.Joseph Manzi pUG 3 2004 Manzi Homes,Inc. Southold Town Dear Mr.Manzi: planninBBoard As we discussed,my wife and I o e property directly to the east of your proposed subdivision on Oregon Road in Cutchogue. When I saw your surveyor marking the proposed road immediately next to the existing road earlier this week, I called the Town Planning Board to find out the status of your project. Hr the course of this conversation,it became apparent that the Planning Board would have a strong preference for there to be a single road accessing your four lots, our lot and the two other lots currently served by our road. As we own all of the relevant portions of the current road, it would be within our power to grant you an easement over that road. This would obviously save you the expense of putting in a road, drainage, etc. to meet the Town's requirements, and it would preserve more of the remaining land for conservation purposes. It would also be much more aesthetically pleasing than having two side-by-side roads forming a 40-odd foot highway to the seven houses. For all of these reasons, and in an effort to address the concerns raised with us by the Planning Board, we would be willing to grant the easement to provide access to the four lots, on the following conditions: 1. Your firm will be responsible for any and all costs associated with any improvements to the existing road required by the Town in connection with the approval of you subdivision. Our road meets the Town's requirements for a minor subdivision, and would likely require few "upgrades"to serve the additional homes. Your firm would, of course, be wholly responsible for rectifying any damage to the road caused by your construction. 2. Each of the approved lots would be responsible for 1/7's of the ongoing maintenance cost of the road. 3. Any structures on the easternmost of the four lots(adjacent to our property)will be set back at least 50 feet from our property line. 4. Prior to commencing construction on the easternmost lot, you will install a privet hedge of approximately 7 feet in height, and of a density that substantially blocks visibility of your construction from our property, on our property along the common property line with us from the 25' setback for 100'. f - gv"*ub�iidarstZon Wllhout a Cover Letter m i b`utifeel: SCTM#: T 000_ D zz APR 2 8 2004 Dale, 'fi 7i / Southold town Planning Board PLANNING BOARD MEMBERS �QgUFFo(,�co • JERILYN B.WOODHOUSE .r� (/, P.O. Box 1179 Chair o Town Hall, 53095 State Route 25 W Southold, New York 11971-0959 RICHARD CAGGIANO Ve • Telephone (631) 765-1938 WILLIAM J.CREMERSKENNETH L. G Fax(631) 765-3136 MARTIN H.SIDORDS ��l 0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 20,2004 Mrs.Patricia Moore,Esq. 51020 Main Road Southold,New York 11971 Re: Minor Subdivision of Baxter Sound Estates SCTM#72-2-2.1 Dear Ms. Moore: As discussed during the work session on April 19,2004,the Planning Board has agreed to lift the Stop Work Order for the L.Kevin Omara Jr. lot known as Lot 1 of the Minor Subdivision of Baxter Sound Estates for a period of one week,beginning on April 20,2004 and ending on April 27,2004. The lifting of the Stop Work Order is contingent upon the submittal of the below items as agreed upon by Mr.Ural Talgat of Samuels and Steelman, Inc. 1. The submittal of a grading plan for the area between the top of bluff?�d 50' seaward of the top of bluff line. ; 2. The submittal of a remediation plan for the area within 50 feet landward from the top of bluff line and the areas south of the building envelope. The plan must propose to plant native vegetative species at high density. Please submit the above documents to the Planning Board at the April 26, 2004 worksession. Sincerely, Jerilyn Woodhouse Chair Cc: Planning Board Valerie Scopaz. Director of Planning Mr. Ed Forrestor,Director of Code Enforcement Kieran Corcoran, Assistant Town Attorney i Submission Without a Coyer Letter Sender: �9 P- � ' "° ► �� £� Subject: t�t � ��✓ � ��� D APR l 4 2004 SCTM#: 1000- Southold Town `` Planning Aoatd Date., '� 1•!� ► z i � comments.. CC Flo t.ILw i 1 , ✓� vo� l j' 1 a i _ ,.ati„ 'e 5 ��i a w •�M1 � > J^O1 �^ d ,� N cJ • • Page 1 of 1 v Qho� a d� x r -�o V\; n) ria file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE00... 4/12/04 • • Page 1 of 1 file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE01... 4/12/04 b0/Zi/t7 "'IogoVWI\PunoSOWaixuHOZ%b0-£i-b\sal?30Z%s,Bm'3OZ0 WOZ%31JgM2u?uuuId\:S//:aI3 y� d �J Y r�e� c a o P- , l \ 4 bu Au S MQ �b O 08E 13o i d • • Page 1 of 1 x> file://S:\Planning\Mark%20&%20Craig's%20Files\4-13-04%20Baxter%20Sound\IMAGE00... 4/12/04 FFO`.t •Albert J. Krupski,President • ��� CSG • Town Hall ✓ / / / James King,Vice-President �'1` � 53095 Route 25 Artie Foster o P.O.Box 1179 Southold,New York 11971-0959 Ken Poliwoda G Peggy A.Dickerson .j 0�� Telephone(631)765-1892 Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 22, 2003 D Q APR 1 2 2004 D Mr. Thomas C. Samuels Samuels &Steelman Architects Soumc;d town 25235 Main Rd. Panmrg P.oad Cutchogue,NY 11935 RE: L. KEVIN O'MARA&ALEXANDRA R. O'MARA 14345 OREGON RD., CUTCHOGUE SCTM#72-2-2.1 Dear Mr. Samuels: The Board of Town Trustees took the following action during its regular meeting h l on Wednesday, October 22,2003 regarding the above matter: WHEREAS, Samuels& Steelman Architects on behalf of L.KEVIN O'MARA'& ALEXANDRA R. O'MARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code,the Wetland Ordinance of the Town of Southold, application dated September 26, 2003, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 22,2003, at which time all interested persons were given an opportunity to be heard, and, WHEREAS,the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS,the Board has considered all the testimony and documentation submitted concerning this application, and, 2 WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety an gaw;al-welfare-of thepeg&nfthc,town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of L. KEVIN O'MARA& ALEXANDRA O'MARA to construct beach stairs from top of bluff to beach and plant grass and other plants on bluff,with the condition there is no clearing seaward of the chain-link fence, and as depicted on the site plan prepared by Samuels &Steelman Architects, dated September 5, 2003. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$5.00 per inspection. (See attached schedule.) Fees: None Very truly yours, �G� L Albert J. Krupski, Jr. r President, Board of Trustees AJK/Ims \ '"'"+�\/ r`4 e'^n�,'.`•., ,y" ems" %c r .t � n-`1, i 1 ,a .+•�+..,.`�'�` �,SSL: 2 - l � :1- � 1 ,. .E - i �F �c} • 1 • • • ` .. 1 � 144 f r. there is no clearing seaward of the chain-link fence, and as depicted on the site plan pr ch epared .by Samuels & Steelman Ar . - 1 iJ`IC. f is s... • - • . • ' •1 1 WHEREOF,IN WITNESS by cams IN Co"!af! Seal to be affixed, and the" present$ to r b: 6 subscribe by a majority of flie said Board as of this dete. Artie Foster IN i ��, 'Tf.- ' - .i ,.,., +.P _ _s^ -�r:�-ter-'^ ?i'r✓: rte=• r:i.r� � � e TERMS and COMMONS The permittee L. Kevin O'Mara At Alexandra R. O'Mara reaft at 64 East 86th St., New York, NY 10028 N Y as Y, pate of the consideration for the issuance of the Permit doer undersand and ptesorl6e to the fol- lowing: 1. That the said Board of Trattees and the Town of Southold are relayed from any and all damages, or claimts for damages, of snits acisiog directly or indirectly as a result of guy open- Won performed pursuant to dds pemdt, and die said Permittee will, at his or Let aaa e:pm% defend any and all such suln•inidued by third patde% and dye said Petmktee assumes fail lW ility with sespect thereto, to the complete'eoodtsio, of the Boatel of Trustees of the Toyed of SoatboW 2. That this Permit is'slid for it period of 24 sorts. which is eoaddesed to be the estimated time'required to complete the wocc Involved, but'sho,ld drew muces waiting, tegoest for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefiaitdy, or as long as the sold Petmiaee wishes to maintain the structure or project Involved, to provide evidence to anyone concerned that aath- orlradom was originally obtained 4. Tint the work.involved will be subject to the inspection and approval/of the Boatel at In agents, and non-compllamoe with.the provisions of the orlginadmg sppliadcrnn, may be tame for revocation of this permit by resolution of the said Board 5. That then will be no unreasonable Interference with navigation as a result of the wok hetela w4kbodzed. 6. Thu then sbaU be no Interference with the tight of the public to pan and sepia dons the beach between high and low water marks. 7. That if future operations of the Town of Southold require the,vwwvd and/or durations . In the location of the wade betel, eathocked, or U0 In the opinion of the Boata of Trustees, the. wade shall cause unreasonable obstrt am to fm navigation, die aid petmittee will be nqukA upon due notice, to remove or alter this work or project herein sated withal expenses to the Tota . of Southold S. That the said Board will be notified by the Permittee or the compledon_of do wodc an& , orized. 9. That the Permittee will obtain all other permits and twmena that gay be required alp• : plementd to this permit which may be subject to revoke upon failure to obtain same. A 1 PLANNING BOARD MEMBERS �gUFFO(,�c JERILYN B.WOODHOUSE �� �(/ P.O. Box 1179 Chair Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO y, • Telephone(631) 765-1938 WILLIAM J. CREMERS G KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H. SIDOR ��! * 0� PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Southold Town Planning Board Valerie Scopaz, Town Planning Director Patricia Finnegan, Town Attorney Edward Forrester, Code Enforcement Director Michael Verity, Chief Building Inspector From: Mark Terry, Senior Environmental Planner Date: April 9, 2004 r Subject: Minor Subdivision of Baxter Sound Estates SCTM#1000-72-2-2.1 On April 8, 2004, 1 performed a site inspection of the above property. Construction on site is not in compliance with two Declarations of Covenants and Restrictions filed with the Suffolk County Clerk: Liber D00012214, Page 376 and Liber 11229, Page 249. The applicant is in violation of the following conditions: Declaration of Covenant and Restrictions: Liber D00012214, Page 376 Condition 6: "No trees which are located outside of the building envelope and which are greater than 6 inches in diameter measured at breast height may be removed prior to approval of the Planning Board." The applicant removed trees s/o the building envelope and n/o the building envelope in areas that trees were to be retained. Condition 7: 'Prior to construction on either lots, the limits of clearing on such lot shall be staked and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism." The applicant placed a turbidity fence and hay bales along the 100 foot setback line from the top of the bluff. The hay bale line seconded the northern limit of the building envelope. The applicant has cleared n/o the hay bale line up to a painted red line that Page Two demarks a 25 foot setback from the top of bluff. The applicant also cleared s/o the building envelope. Declaration of Covenants and Restrictions: Liber 11229, Page 249 Condition 2: "Clearing or grading within each lot shall be limited to that necessary for siting of a house with the intent of preserving as much of the natural vegetation on site as possible. Limited clearing and grading will minimize runoff and erosion." The applicant cleared No the hay bale line that marked the northern limit of the building envelope. In addition, the applicant cleared outside of the building envelope in the southern, western and eastern areas. Condition 5: "Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of-,the bluff. Clearing and cutting within these areas shall balimited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure proper maintenance and preservation of the natural buffer." The applicant cleared and minimally graded the area No the hay bale line up to a demarked 25 foot setback from the top of the bluff. The Planning Board was not contacted to review the action prior to implementation. The Declaration of Covenants and Restrictions follow in their entirety. Please contact the Planning Department with any questions. i DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this /S/ day of 1991 , by BAXTER PROPERTIES, INC. , a New York Corporation having its principal office at Main Road, Cutchogue, New York, hereinafter referred to as the "Declarant" , WHEREAS, the Declarant is the owner in fee simple of a . certain parcel of land situate- at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 072 , Block 2 , Lot 2 . 1, being the premises described in deed recorded in the Suffolk County Clerk's Office on 9- 19-55 in Lib 7'Jr 3975 a page 263, a metes and bounds District descriptio,i of which is shown on Schedule A attached hereto 1000 and made a part hereof, hereinafter referred to as the Section 072.00 "premises" . Block WHEREAS, the Declarant intends to subdivide said 02.00 premises for residential purposes and desires to subject Lot 002.001 said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, �r natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of MAR 8 1991 the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the yJ� subdivision of the premises as a Minor Subdivision, to 1 JJ -contain not more than two ( 2) lots or parcels , d 1 Z9PCA9 NOW, THEREFORE, the declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town / Planning Board. 2 . Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize runoff and erosion. 3 . No new structure or sanitary disposal facility with the exception set forth in Paragraph 4 below shall be constructed or otherwise located between the highwater mark and the 100 foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable 122)MO, r structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. 5. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town Planning Board to insure- proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing . 1122251 Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed - this Declaration of Covenants and Restrictions the day and year first above written. BAX ER P OP TIE INC. By: _ (Ni/liar �T �Cr� T�•i Ort° . 1122�PC252. SCHEDULE A ALL that .certain_ plot, _piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point at a monument set in the northerly line of Oregon (North) Road, which point is intersected by the easterly line of land now or formerly of John F. Swiatocha, running thence North 47 degrees 49 minutes 00 seconds West and along said mentioned land a distance of 1837. 08 feet to the ordinary highwater mark of Lond Island Sound; running -thence on a course North 71 degrees 39 - minutes 40 seconds East measuring 224.88 feet, along the ordinary highwater mark of Lond Island Sound to land now or formerly of Michael Gallagher; running thence South 47 degrees 06 minutes 40 seconds East, along the said last mentioned land, a distance of 609.79 feet; running thence North 51 degrees 44 minutes 30 seconds East, still along said last mentioned land, a distance of 70. 96 feet; running thence North 47 degreyas 06 minutes 40 seconds West, still along said 1p[st mentioned land, a distance of 582 . 85 feet to ordinary highwater ark of Long Island Sound; running thence on a course North '71 degrees 41 minutes East measuring 130. 08 feet, along the ordinary highwater to land now or formerly of Wesley Simcik; running thence South 47 degrees 06 minutes 40 seconds East and along said last mentioned land a distance of 552. 22 feet to a point; Running thence South 51 degrees 23-minutes 30 seconds West and along said last mentioned land a distance of 13. 65 feet to a point; running thence South 31 degrees 32 minutes 00 seconds West and still along said last mentioned lands a distance of 16. 83 feet to a point; thence running South 51 degrees 44 minutes 30 seconds West a distance of 326. 35 feet, thence running South 47 degrees 49 minutes East a distance of 1128 . 08 feet to the northerly line of Oregon Road; running - thence South 51 degrees 44 minutes 30 seconds west a distance of 20. 28 feet to the point or place of beginning. BAXTERS2 Y . lr. PC253 ' STATE OF NEW Yo , ) (MYUC /c�� � � SS. : '�act)C i COUNTY OF tLi 2 �dch on this day of i"cv,A l � n,' in the year 1991 before me personally came to me known, who, being by me duly sworn, did depose and say that he/49w resides at No. 10030 that he,Cske is the PrnJZ '1 - of BAXTER PROPERTIES, INC. , the corporation described in, and which executed the above instrument; }� --, � �: a � • _..�_ _`__ _epi—ai �a . r that it was so 2=' zt y order of the Board of Directors of said corporation, and that he/-9 a signed his/-her name thereto by like order. n. ,Vo(IfiRV Pu 131-4 C 12002 h 9 W DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the0 day of 2002,by William J. Baxter,Jr. and Jane Baxter Goeller,residing at 6915 Harbor Circle, Sailfish Point, Stuart, Florida 34996, hereinafter referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York,known as SCTM# 1000-72-2-2.1, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval of a two lot minor subdivision known as"Minor Subdivision for Baxter Sound Estates",as prepared by Joseph Ing egno,Licensed Surveyor, and to be filed in the Suffolk / County Clerk's Office; and WHEREAS, for and in consideration of the granting of subdivision approval,the Planning Board of the Town of Southold has required a covenant that the driveway be used in common for both lots and that the owners of said lots shall be responsible to maintain the roadway and that any steps on the bluff have appropriate permits,and that bluff protection measures be implemented during and after construction, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does admit,publish"-eevenant andagree-that-the premises described in Schedule "A"annexed hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs,executors, legal representatives,distributees, successors and assigns,to wit: 1. Lots I and 2 shall share a common driveway from Oregon Road to the southerly boundary of Lot I as shown on the map. The owner of the property now or formerly of Gallagher located between Lots 1 and 2 (the Gallagher property), shall have a right of way for ingress and egress over said driveway from Oregon Road northerly to Lot 1, and then easterly, as set forth./in deeds of record. The common driveway for Lots 1 and 2-shall include the tum- arourid'area at the southwesterly corner of Lot 1 as shown on the)iap. 2. The common driveway shall be constructed by the Declarant in accordance with the requirements of the Town of Southold Planning Board. Thereafter,Lot I and 2 shall have the obligation to maintain the driveway and to share equally in such expense, one-half of such expense to be attributable to each lot, subject to any rights of contribution from the Gallagher property. Maintenance shall include filling pot holes and irregularities as needed; periodic scraping or resurfacing;plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the driveway, as constructed in accordance with applicable Town of Southold Planning Board specifications, in good condition. The maximum speed permitted for the driveway shall be 15 mph, or as otherwise agreed by the owners of Lots 1 and 2. 3. No stairs shall be erected on the bluff area of either Lot without permits required from all applicable agencies and municipal authorities having jurisdiction over the bluff area. _.4._Timtno-application for-a building pemrit-for a single-family residence-en-Lot-1 or Lot-2__ shall be issued unless such application includes provision for the installation of bluff stabilization landscaping on the bluff slope of said lot in accordance with Bluff Planting Plan prepared by Samuels and Steelman dated July 17,2002,or as otherwise amended by the Planning Board if requested by the owner of the Lot, and until the Planning Board approves a schedule for planting and implementation of the Bluff Planting Plan coordinated with construction on the lot. No Certificate of Occupancy shall be issued for such residence until the completion of such planting together with such measures as the Planning Board may require to ensure establishment and maintenance of the plant mate/ri'n'd. 5. No structures are td be located within the 100 foot setback from the top of the bluff unless approved by the Planning Board. 6. No trees which are located outside of the building envelope and which are greater than 6 inches diameter measured at breast height may be removed prior to approval of the Planning Board. 7. Prior to construction on either of the lots,the limits of clearing on such lot shall be staked, and hay bales shall be placed along the limits of clearing on such lot as an erosion control mechanism. 8. The Declaration of Covenants and Restrictions dated March 1, 1991, recorded in Liber 11229, page 24 remains in full force and effect, except as specifically modified by this Declaration. 9. These covenants and restrictions can be modified only at the request of the then owner of either lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. The property owner of the other lot in the subdivision shall be - entitled to notice such public-hearing-but his.consent to such modification,shall not he required. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Wf illiam J.Baxter, Jr. Jane Baxter Goeller fol STATE OF NEW YORK,COUNTY OF SUFFOLK, ss.: On the 5a day of in the year 2002, before me, the undersigned,a Notary Public in and for said S ate,personally appeared William J. Baxter, Jr., personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in hii capacity and that by his signature on the instrument,the individual, or the person or ent"on behalf of which the individual acted, executed the instrum Notary ISO M.A.WKO M Mold P�ubMoO;Nw�MMk,, - STATE OF CALIFORNIA, COUNTY OF .SQ, & Q2� "1 On the / day of QC OAe(- in the year 2002,before me,the undersigned,personally appeared JANE BAXTER GOELLER, My kmma to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. and that such individual made such appearance before the undersigned in the City of �a County of ranfa. 13aria�o. State of California. Signature and office of individual taking acknowledgment re%&rdriv (Notary Public) 19KATHUEN KMENS Cammidon 91220/60 Notay PUNC-Cdkmb Santa Barbara county WCarM80ftMoy21,2M3r SCHEDULE A DESCRIPTION OF PROPERTY All that certain plot piece or parcel of land, situate, lying and being in the Town of -SOUTHOLD,.-at CUTCHOGUE, County of.Suffolk and State.Of New Y9rk,--being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road said point being distant 1,100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1785.43 feet to the high water line of Long Island. Sound, THENCE along the high water line of Long Island Sound, north 71 degrees 52 minutes 27 seconds east, 224.62 feet; THENCE south 47 degrees 06 minutes 40 seconds east, 557.55 feet; THENCE north 51 degrees 44 minutes 30 seconds east, 70.96 feet; THENCE north 47 degrees 06 minutes 40 seconds west, 530.16 feet to the high water line of the Long Island Sound; THENCE along the high water line of the Long Island Sound, north 70 degrees 59 minutes 58 seconds east, 129.24 feet; THENCE along lands now or formerly of Simchick, south 47 degrees 06 minutes 40 seconds east, 501.30 feet; THENCE south 51 degrees 23 minutes 30 seconds west, 13.65 feet; THENCE south 31 degrees 32 minutes 00 seconds west, 16.83 deet; THENCE south 51 degrees 44 minutes 30 seconds west, 326.35 feet; THENCE south-147 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING. TOGETHER WITH AND SUBJECT to a right of way along the southerly 20 feet of premises and over "leg" of premises to Oregon Road, said right of way being bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being distant 1100.00 feet more or less westerly from the northeasterly end of Bridge Lane; THENCE from said point of beginning along the northerly side of Oregon Road, south 51 degrees 44 minutes 30 seconds west, 20.28 feet to a monument and lands now or formerly of Swiatocha; THENCE along said lands, north 47 degrees 49 minutes 00 seconds west, 1.148.32 feet; THENCE north 51 degrees 44 minutes 30 seconds east. 180.85 feet; THENCE south 47 degrees 6 minutes 40 seconds east, 20.24 feet to the northerly side of lands now or formerly of Ricci; THENCE along said lands, the following two courses and distances: 1) south 51 degrees 44 minutes 30 seconds west, 170.38 feet; 2) south 47 degrees 49 minutes 00 seconds east, 1128.08 feet to the northerly side of Oregon Road, the point or place of BEGINNING.