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1000-72.-1-1
APPROVED BY PLANNING BOARD TOWN O~ SOU~HOLD TO ,D S Southold, N.Y. 11971 HENRY E. EAYNOR. Jr.. Chairman F~E~,E~iC~. ~. G~ JAMES WALL BENNETT ORLOWSKI. Jr, GEORGE RITCHIE LATHAM Jr. William F. Mullen, Jr. TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held at 10:00 a.m., Wednesday, August 12, 1981, on board the Fishers Island Ferry, Olinda, on way to Fishers Island. Present were: Chairman Henry E. Raynor, Jr. Member G; Ritchie Latham, Jr. Member William F. Mullen, Jr~ On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to send a letter to the Building Inspector in order for him to issue..a certificate of occupancy in regard to Peconic Knolls at Peconic. Vote of the Board: Ayes: Raynor, Mullen, Latham on motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to set 8:15 p.m., Monday September 14, 1981, at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the minor subdivision of Hilar~_~idge~ located at Laurel, subject to the covenants and restrictions stating that lots #1 and #2 are sold with consideration to the Town Inspectors report ~169. VOte of the Board: Ayes: Raynor, Mullen, Latham On motion made by Mr. Latham, seconded by Mr. Mullen, it was.: RESOLVED to authorize the chairman to sign the final maps of Baxter Properties located at Cutchogue. Vote of the Board: Ayes: Raynor, Mutlen, Latham ol. oO Baxter P£omerties, Inc., a'New York ODrporation With . ,princii~al place of. business at (no #) Main BDad, .., 'Mattituck, New York. ', ' ..... ~crib~.in Schsdu/e .A attached,, and'has ~subdivided said- premises with .the · ' ap~xoval"of the South01d Town Planning Board. Declarant hereby '.~mgo~ the .~.:>..,.,.'.,.:_.:'-~ .... ~ ~. . .: and hereby 'clecl~,'r-e_d. that.~,l,~;la~d de-.~lhed in Scb~le A annexed hereto, is ' hel4 and shall be conveyed subject to the following covenants an~ restrictiOns, which are hereby im~ c~ said land and shall run with the land: "i.~ '' : '-- 1~ No sanltar~ ..d~sp~atE facilit~ :s~hll 'be' installed or. construc.t,,~, within. :me hunare~:.?(iO6) feeti!.'~g., the'top edge df ~cb-e bluff of Tong Isia-'''~ SoUnd;'. "," .. : ... ., ,. .. .... .... ........ No, 'shall be,:med within or~' hundr~.(l~O)-) · .' feet. of th.e.~:~itop edge. o~ the bluff of Longcl/sland 'Sou~ on T~ts l& 2. of, .: ,- th nor.Subdivision of Baxter ~zDperties; .~ wi 7 n~ ~i~ hl%,{:~:-~ · . -. . . - · . ~-. ~ 0 feet ........... . · . ';'-d.:$' ":" .".~,~.'-'-v.-; -:..." :..~, ~ ' ,.~ ;';,~?.....d... ..' , ' - ' ...,d. '..!-.- . ?.~' ' ' sta~a~ds' O~'~%e.SuffQlk':(~Ounty;'lDePa~[ii~t of Health Staffing. · -: 4. '[qo:'.~'t~Jrt'l~at~',' 'runoff resulting' fr61~ the develofa[mt- and i~prov~oent of.the i~ts'6r the subdivision Shall be discharged down the face of the'- bluff in any, manner. - · .. ' - 5. ~o ~raain~ ' , ..... shall: be permitted w~thin 50 feet of the top edge of the bluff e_.~ept, as may~be necessarY'to control or remedy'erosion or ~o prevent stor~ga%er from flowing over the edge of the bluff. 6. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. 7. Access to the beach shall be by rm~ans of a suitable structure de~.ign_~ and constructed in. a manner that will result in the least disturbance of the s~ability of the bluff. 8.' Ao~ess to the beach fz~, Lots 1 & 2 shall be restricted to a single access structure locat~ on or near th~ c~L~on property line Lotsl & 2. 9. Access.to the beacl: frc~ Lots. 3 & 4 shall be restricted to a single access strucLulre located on or near the cul~Lon property line between Lots 3 & 4. ' 10. No lot may be subdivide~nor, shall the dimeDsions be changed any manner, :unless authorized by the Southold Town Planning Eoard. 11. ~he mirdzmam setback fr~ the bluff as to Lots 3 & 4 are less than the 100 foot setback policy of %he Suffolk Cbunty Plaruning Commission ... and the Southold To~a% Planning ~oard, %~hich po~J~y w~s impl~_nted to guard against damage to structures and residences re. suiting from stea~y erosion of the bluffs of Long Island Sound. ~herefore, damage to structures and residences on Lots 3 & 4 constructed within 100 fee~ of'the bluff could occur within 50 years due t6 bluff erosion. 12. Any reference herein to top of the bluff shall mean. those bluffs in their pre ~sent location. -2- 13. No dwelling or other structure may be erected or modified as to exterior dimensions and appearance, without the prior written approval of the site location and. building plans and specifications by the party of the first part, includiag the right to require ndnimum square footage. 14. No mobile type home, or trailer, shall be kept, used or parked on said premises with the exception of a boat trailer. 15. No animals, livestock, or poultzy of any kind, shall be main- rained on the prem/ses, except domestic' anlmals which shall be housed in the dwelling. 16. The cost of maintaining the road fro~ Oregon Road to the four lots in the Minor Subdivision shall be borne equally by the owners of those lots; provided, however, that any lots owned by Baxter Properties, Inc., or by William J. Baxter, Jr. and Jane P. Goeller, shall not share in the maintenance until title has been conveyed to third parties. 17. The party of the first part, its successors and assigns, reserves the right to alter, modify, extend, terminate or annul any of these covenants in whole or in part, by agreement with the owners of the premises. IN WITNESS WHE~OF, the declarants have executed this -3- - a~eca~nt on the ='SS. C ~ Of' SL~'~ ) OO this ~-- day of V~--, 1981, be_Fz>re me personally came depose and say that he resides at (px> %) Nassau Point I~>ad, Cutchogue, New Yozk; that he is the President of BAX~'~ pI~ERT~m, INC., the that b~ knows the ~1 of said corporation; that the seal affixed to sa/d instr~re~t is such oorporate seal; that it was so affixe~ by ~rder of the Board of Directors of said cor~oratio~ a~d that he signed his nane thereto by like order.. . , ~- / ' Not_a~y Public ! .... _.,~,-, ~x~}~., M~ 30, 19~ DESC~IPTION MINOR SUBDIVISION FOR BAk'£~R PROPE~r~-S, INC. ~u'~'CHO~0~-, N.Y. . . .. ~ that cer~ai~'plot,, piece Or parcel of lan~ situate, lying ~ be~ a~ ~~, '~n ~ TO~ o~ Sou~h-~,. ~ of Suffolk ~ .. S~ of N~ ~o~,' ~ p~ly ~ ~a ~esc~ .as roll,s ~~ at a ~n~t on ~e no~ly l~e of 0regon ~a~, which . ~t ~e~ ~e e~rly ~ of' 1~ of ~a aha.is locatea -'- Sou~ ~1~ 44' 30~ West 28.7~ feet f~ ~e~-~t~ec~on of ~e e~terly ~-~ s~ ~t of b~{-~g ~0ng ~e ~erly si~e o~ 0~gon . -- · ~a~ ~ 51~ 44~' '~ West 20'.15 feet .~ a mon~nt an~ o~er 1~ of ~-a; =~-{~g" ~ence ~ng s~ 1~ ~e'. fo~g ~o courses, an~ ~is~ces= ~1~. No~5~2~11% 20". West, 957.84 .feet to a mon~ent~ ~ce (2) Sou~ 84~ 25'~ 10" ~st 315.89 feet ~ a ~n~-nt an~ 1~ now or fo~erly of S~' ~ng ~ence along s~ ~a the fol!owi~g two co~ses ~ (~) Sou~ 51~ 23~ 30" West,. 469.50 feet to a ~nt~ ~ence ' ~ -' ' (2} No~ 47~ 06~ 40" West, 550 feet ~ or less to oraina~ ~ ' ' high water ~k of ~ng I~1~ So~a~ ~g ~ce northeasterly along ~ o~{-~ ~gh Wat~ ~k of~ ~ng Isl~a ~ ~ ~ist~ce of 815 feet - ~ or less ~ ~ of ~na~ '~g ~ce. ~ng saia lan~ Sou~ 45~ 11~ 20" E~t-1440 feet ~ or less to a ~n~en~..an~ ~e ~int or HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. SLaY Southold, N.Y. 11971 May 1, 1981 TELEPHONE 765- 1938 Ms. Abigail Wickham, Attorney Main Road Mattituck, New York 11952" Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board at a regular meeting held April 27, 1981. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Baxter Properties, Inc. was submitted to the Planning Board on December 11, 1979, and an application fee of $40 was paid on December 11, 1979, and WHEREAS, a public hearing was held on the map of said subdivision at the Town Hall, Main Road, Southold, New York, April 6, 1981 at 7:45 p.m., and on WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, Now, therefore, be it RESOLVED that the application of Baxter Properties, Inc. for approval of said subdivision plat prepared by Roderick Van Tuyl be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. 2. No residential structure shall be constructed within 100 feet of the top edge of the bluff for lots 1 and 2, 70 feet for lot 3 and 85 feet for lot 4. Ms. Abigail Wickham, Attorney Page Two 3. The approval of the subdivision shall be made subject to meeting of all standards and requirements of the Suffolk County Department of Health Services. the 4. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. 5. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 6. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. 7. Access to the beach shall be by mean.s of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. 8. Access to the beach shall be restricted to a single access structure for each pair of lots located on or near the common property line between the pair of lots. 9. No lot may be subdivided or changed in any manner unless authorized by the Town Planning Board. 10. The recording in the office of the County Clerk prior to the signing of the map of this subdivision of covenants and restrictions concerning the above restrictions along with notification to make a future property owner aware that the house is not set back the 100 feet on lots 3 and 4 and there could be an erosion problem in the future. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary ~aple Main Road and Marlene Lane, Post Office Box 786, Mattituck, New York 11952 (516) 298-8000 Main Road, Post Office Box 640, Greenport, New York 11944 (516) 477-9400 February 21, 1986 Mr. Bennett Orlowski, Jr., Planning Board Town of Southold Southold, New York 11971 Chairman RE: Baxter Right-of-Way for access to D'Urso Dear Mr. Orlowski: In clarification of the above captioned resolution of 10 February 1986, I request that the Board clearly state that the Planning Board has no objection to the D'Urso property, and only the D'Urso property, using the Baxter Right of way and the short easterly spur, as described in Mr. Tuthill's report, for access. I do this because the approval is implied in the 10 February 1986 Resolution passed by the Board. Mr. D'Urso has purchased an ingress and egress easement over the Baxter Right of Way by an agreement dated 5 June 1985. The agreement is recorded in the Suffolk County Clerk's Office, Liber 9816, Pages 21 to 27 inclusive. Mr. D'Urso has, as stated in Mr. Tuthill's report of 10 February 1986, suitably improved both Rights of Way in accordance with Town requirements. Thank you for your assistance. Very truly yours, Peter W. Kren, Broker PWK:ps NATIONAL ASSOCIATION OF REALTORS NEW YORK STATE ASSOCIATION OF REALTORS NATIONAL iNSTITUTE OF FARM & LAND BROKERS NEW YORK STATE SOCIETY OF REAL ESTATE APPRAISERS MEMBERS OF: SUFFOLK COUNTY REAL ESTATE BOARD EASTERN SUFFOLK SOARO OF REALTORS INTERNATIONAL REAL ESTATE FEDERATION AMERICAN ASSOCIATION OF CERTIFIED APPRAISERS Southold, N.Y. 11971 (516) 765-1938 February 11, 1986 Mr. Ben Kinzler Attorney at Law 147 Willis Avenue Mineola, NY 11601 Re: Baxter right-of-way D'Urso Dear Mr. Kinzler: The following action was taken by the Southold Town Planning Board, Monday, February 10, 1986. RESOLVED that the Southold Town Planning Board accept Lawrence Tuthill's report regarding the final inspection on the Baxter right-of-way for access to D'Urso's lot within the former Raeburn/Murphy subdivision. Enclosed is a copy of that report for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Mr. Kren (CelicRealty) Southold, N.Y. 11971 (516) 765-1938 January 6, 1986 Mr. Lawrence Tuthill Town Engineer 1215 Inlet Lane Greenport, NY 11944 Re: Right-of-way for Baxter Dear Mr. Tuthill: Enclosed is a copy of a subdivision map, as well as, a copy of Jack Davis' report for the above mentioned right-of- way. Our office has been notified that the work required has been completed. Would you please make an inspection and advise our office if the work has been done ina satisfactory manner in accordance with Mr. Davis' report. Thank you for your attention to this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. LAWRENCE M. TUTHILL February 10, 1986 Mr. Bennett Orlowski, Jr., ChaLrman Somthold Town Planning Board Main Road. Somthold, N~ 11971 Ret Right-of-way for Baxter Centlemen~ On Feb~y 6, 1986, I took 4 borings on the above mentioned right-of-way, one of which was taken on the short spur leading to the first hb~e to the east. Of the tMree boring taken on the straight sestion, 1 wa~aken about 50' north of the barn, 1 taken in the mid section and 1 near the northerly end. All the borings were taken in the middle of the road, and e~eh showed 2" of bankr~n sand on top soil except the southerly boring taken close to the b~rns which indicated materials similar to hard ~an. The surface is in good conditions, appears satisfactory for the amount of traffic using the road at this time. Resl~eetifully submXtted, ,YMOND L. JACOBS Commissioner Public Works Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 734-5211 February 6, 1986 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, New York 1197] Re: Access Road - Murphy and Raeburn - Baxter Right-of-way Bridge Lane, Cutchogue Dear Mr. Orlowski: I have reviewed Report No. 463 and discussed the the above access road with Mr. Jack Davis and Mr. Larry Tuthill and concur with their findings. RLJ/plm R~ect fully, R~ymond L. Uacobs Superintendent of Highways LAWR£NCE~ M. TUTHILL. ~ebr~ary 2, Bennett Orloweki, Jr. Chairman Southold Town Pl&nming Board Nain Road Shthold, N 119~1 Re l Aeeecs Road ~ur~hy and Raebur~ of Baxter Right-ef-w&y, Bridge Lane, Peeonie ~entlemenl On Ja~a_~y 30, 1986 Mr. John D~via and I inel~ected the &bore ~entioned access road. It ap~ear~ that some road work had been done on the Baxter Right-of-way, but the work required and aaa mo%ed in Mr. Dav~s's re~ort No. ~6~ datedJ~ly Z$, 1985 refere to the access road uhieh is l~allel to Long Island Sold for which it a~eara there has been no work done. Res~eetifully submitted, oc John T ~ ~ LD Southold, N.Y. 11971 (516) 765-1938 August 14, 1985 Ben Kinzler Attorney at Law 147 Willis Avenue Mineola, NY 11601 Re: Baxter right-of-Way Dear Mr. Kinzler: The following action was taken by the Southold Town Planning Board, Monday, August 12, 1985. RESOLVED that the Southold Town Planning Board accept and request compliance with Inspector John W. Davis' report No. 463 regarding the Baxter right-of-way and access to lots within the former minor subdivision of Raeburn and Murphy. Enclosed is a copy of the report for your review. Please note, you are only required to improve the right-of-way to the lot, however, the Inspector's report includes the access to the lots East as well. If you have any questions, please don't hesitate to contact our office. Very tr 1 v uts ~u~y jo?:~f. , , SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. 5 1985 To: Bennett Orlowski, Chairman Southold Town Planning Board Report No. 463 From: John W. Davis Date: July 28, 1985 Re: Baxter Right-of-Way and Access to lots in former Minor Subdivision Lots l, 2 & 3 in name of Murphy and Raeburn Map dated Amended 3/20/79 Comments: Have been advised that the 3 lots now consist of 2 lots, the westerly lot being Lot No. ! and ~ of Lot No. 2 in the name of Murphy with easterly lot being ~ of Lot 2 and Lot No. 3 in the name of Raeburn. There is a 20 ft. R.O.W. for a length of 249.52 on the map, which according to Mr. Bokina who I met on the site, is a legal R.O.W. Also shown is an offset 20 ft. R.O.W. within the subdivision for a length of 247.70 L.F. The overlap of the two R.O.W.'s shows an intersection that would not be usable for emergency vehicles and the average automobile. The offset R.O.W. should be extended westerly for an additional 30 ft. Mr. Bokina mentioned that he did net want to give any more of his property for access, apparently the reason for offset R.O.W. There is an existing farm road 7 ft.± in width fronting the length of the subdivision which is not entirely within the 20 ft. R.O.W. as indicated by monuments found. Recommendations: I. Do the necessary clearing and grading to provide for a road width of 15 ft. within the 20 ft. R.O.W.'s. Continue the offset R.O.W. 30 ft. westerly. Curve the road at the intersection with the Baxter R.O.W. so that emergency vehicles can negotiate the turn. The length of the road in the offset R.O.W. at !50 L.F. would give access to the easterly, now No. 2 lot. 2o 3o The access road to be improved in either of the following methods: (a) Surfaced with a minimum depth of four (4) inches of compacted 3/4" stone blend to accomodate emergency vehicles. The stone blend may be placed on the ground surface and shaped, or the surface may be excavated to permit the application of the compacted blend to a depth of four (4) inches; or (b) Remove topsoil to a depth of eight (8) inches and then filled with eight (8) inches of bankrun sand and gravel. Gravel to be 20%. The surface to be covered with two (2) inches of the compacted stone blend. There does not appear to be any drainage problems provided most of the wooded areas in the lots are left intact. Emergency vehicles will have to turn via driveways. Note: The Baxter R.O.W. road from Bridge Lane to the above R.O.W.'s has developed some potholes since it was improved a few years ago. John W. 'Davis T LD Southold, N.Y. 11971 (516) 765-1938 Ju'ly 19, 1985 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Baxter Right-of-way Dear Mr. Dav±s: We are in receipt of a request for requirements on an access road within the above referenced right-of-way. Enclosed is a copy of the request, as well as a survey, and a copy of a previous report which you submitted regarding the same access road, in 1982. Would you please make an inspection and advise our Board if any improvements would need to be made, and if so, what they would be. To help clarify this, the property in question is to the East of Baxter's property On the survey map, however, the Baxter right-of-way will be used. If you have any questions, please don' t hesitate to contact us. ;ry truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. B~N KINZLER June 6, 1985 MR. BENNETT ORLOWSKI Chairman of the Planning Town of Southold Main Road Southold, New York 11971 Board Dear Mr. Re: Orlowski: D'Urso and Kaufer with Baxter Private Road, Cutchogue, New York Please be advised that this office represents Messrs. D'Urso and Kaufer with respect to their purchase of property from Robin Raeburn as above captioned and the right-of-way agreement with Mr. Baxter. We wish to inform you that the January 1980 decision of the Zoning Board with reference to the acquisition of the Baxter right-of-way has been complied with. However, it is indicated in said agreement that we need Planning Board approval. Would you so indicate to us in the way of a letter what your requirements are so that we may obtain the necessary approval from your board. A prompt response to the request herein would be greatly appreciated. BK/SA YEN KINZLER J LIL 5 REC'D TO: Henry E. Raynor, Jr., Chairman Southold Town Plannin~ Board REPORT NO. 303 FROrm.'I: John W. Davis DATE: June 27, 1983 RE: BAXTER PROPERTIES ACCESS TO LOT NO. COr~To. The following observations from inspection made on June 27th, The road width in the 25 ft. R.O.W. for the first 240~ ft. (frontage for Lot ?~o. 4) is 12 ft. in width, not at 16 ft, as called for in Report No. 215. Report Mo. 231 indicates that the road frontage at Lot I~o. 4 was satisfactory. I neglected to observe at that time the width was not as recommended. The frontage road at Lot No. 3 has been constructed also at 12 ft. in width instead of 16 ft., with some widening out to 24 ft.~ at the west end. Test probes in the 12 ft. width frontage road at Lot No. 3 show 2" to 3" of small gravel on a sand and loam base and is more or less similar to the road construction at Lot No. 4. The frontage road at Lot No. 3 is satisfactory except for the recom- mended width. There is a circular driveway and a parking area at Lot No. 3 which could be used for turning emergency vehicles. I would like to discuss this report further with you at your con- venience. HENRY E. P~IYNOR, JR. ~ CRAIPJtAN $OUT~OLD ~OWN PLA~UUING BOARD WHOM: John W. Davis RET:ORT NO. 215 DATE: Aoril 20, 1982 RE: ~: BAXTER PROPERTIES, INC. ~%NOR SUBDiViSION at CUTCt{OGUE INSPECT/ON OF R.O.W. AS PER M~P DATED ~,]~JDED July 18~ 1982 ~he n~ rtherly section of the Baxter R.O.W. from Oregon Road is 20 ft. in width instead of 25 ft. in width as sho~ for the remaining sections. It would have been preferable to ha~e a uniform width of 25 ft. throughout. According to R. V~n ~yl, ~ property line (west side of the Baxter R.O.W.) was held which accounts for the 20 ft. width to the adjacent 16 ft. width Bokina R.O.W. on the east side. ~here are three large maple trees in the Baxter R.O.W. in front of the Bokina house. ~hese trees sre shown on the east side of the R.O.W. and may be saved oroviding the edge of +he roadway section is not close. If saved, some lower branches would have to be ~rimmed for clearance of vehicles other than the average automobile height. ~here is also another large maple tree in ~e Oregon Road R.O.W. at the intersection wi+h ~he Baxter R.O.W. This tree should be removed (See sttached print for ~ree loca t~ OhS). ~he 20 ft. R.O.W. has been rough graded for a width of 16 ft._~ wi~h a mixture of sand and loam. Advised by Mr. Wendell, who I met on the site, that topsoil was stripped here prior to placing the other material. Tais graded section ~s lower +~han the adjoin- ing ferml~nd in plac~which could be related to the strioping o~eration. The 25 ft. R.O.W. has been pertially cleared and a small amount of rough grading done. EECO~,~, E, DA TIONS: 1. The road section to be 16 ft. in width with a center crown for drainage, the material to bank run 6" in depfh with a grave], conteat oF 20% or more. 2. ~he 20 ft. R.O.W. area to be regraded with more material so ~hat the 6" bank run material will be higher than ~he adjacent farmland. 3. Remove to~soil where necessary in the 25 ft. R.O.W. ~d replace with suitable material before pla6ing the bank run. TO: Henry E. Raynor, Jr., Chairman Repc~t No. 231 $outhold Town Planning Board ?ROM: John W. Davis Date: July 9, 1982 BAXTER PROPERTIES, INC., ~iin~r Mubdivision at Cutchogue Inspection of R.O.W. and Access Road I made an inspection of the R.O.W. and access road today as reqt~sted by ~. Wendell who advised tJ~at the road work and driveway entrance into the property wes no~ c~npleted. The access road from Oregon Road to the west side of Lot No. 4 (new house on this lot) is satisfactory. Additional gravel was added to the bankrun material brought in first. ~he R.O.W. for the remaining length is only partial ly cles~'ed and there is no road improvement in front of Lots Nos. 1,2 an~ 3. ~he lower branches of three large maple trees in frc~t of the Bokina house have been trimmed for clearance. ~he maple tree in the Oregon Road R.O.W. at ~he access entrance does not appear to be too much of an obstruc~ion and could remain. ~he driwway into Lot No. 4 and parking area there has 2"_~ of crushed bluestone on a bankrun base. qhis area is l~rge enough to permit emergency vehicles ~ e~it by making T turns. SEE SKE~H BELOW. HENRY E. RAYNOR. ,Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, ,Jr. GEORGE RITCHIE LATHAM, .Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 May 28, 1982 Mr. Robert Wendell 1020 Glenn Road Southold, New York 11971 Re: Baxter Properties Dear Mr. Wendell: The following action was taken by the Monday, May 24, 1982. Southold Town Planning Board, RESOLVED that the Southold Town Planning Board amend their resolu- tion dated May 10, 1982 as follows: RESOLVED that the Southold Town Planning Board accept John Davis' in- spection report #215, dated April 20, 1982, on the minor subdivision of Baxter Properties¢ located at Mattituck, and all improvements on this right-of-way are to comply with the recommendations stated in said report. If you have any questions concerning the above, please do not hesitate to contact this office. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. TELEPHONE 765-1938 August 31, 1982 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Baxter Properties Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, August 30, 1982: RESOLVED that the Southold Town Planning Board approve the access to lot number three on the subdivision map of Baxter Properties, located at Mattituck, for the issuance of a Building Permit, subject to the applicant complying with the recommendations stated in Inspector Davis' report #215 regarding improvements on the right-of-way before the issuance of a permanant CO. If you have any questions concerning the above, please do not hesitate to contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Robert Wendell By Susan E. Long, Secretary 1020 GLENN ROAD SOUTHOLD, NEW YORK 11971 (516) 765-1335 DESIGNING LAND PLANNING JU/ , CUSTOM CONTEMPORARY HOMES COLONIAL REPRODUCTIONS Ju~e 16,1983. pl~la& Bear~ T,~n ef Se~t~el$. gulf elk Cem~ty, Re:Baxter preperties Gemtlemem; I wemlA like te reqmeat fer am tmspeetiem by Imspeeter Davis, em Let Ne.~3 ef Map ef Baxter preperties, leeateA im cmte~eque, fer t~e imsmamee efa permamemt C.O. Tkamk yea fer yeur eeeperatiem im tkis mat~. Rebert W.Wem~ell,pres. way Bmll~iag cerp. HENRY E. RAYNOR, Jr., Chairman ,lAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, .It. Southold, N.Y. 11971 TELEPHONE 765-t938 August 3, 1982 Mr. Robert Wendell 1020 Glen Road Southold, New York 11971 Re: Baxter Properties Dear Mr. Wendell: Our board discussed your proposed tree layout and landscaping for plot number three regarding the above captioned subdivision. It was the concensus of the board that you enforce those conditions, specifically number five and six, as recommended by the Suffolk County Planning Commission and the Planning Board's resolution for approval, dated April 27, 1981. Such conditions state no grading, clearing and cutting of vegetation within 50 feet of the top edge of the bluff. I have enclosed a copy for your review. If you have any questions concerning the above, please do not hesitate to contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. 1020 GLENN ROAD SOUTHOLD, NEW YORK 11971 (516) 765-1335 August 2~,1982 Planning Board Town of Southold Main Road Southold, New York Re: Baxter Properties, plot #3 Gentlemen, The plannimg board approved the right-of-way from 0regoa Road to Plot ~a+, and the right-of-way in front of plot ~+. This r-O-w continues in front of Plot #3, but has not been completed at the present time. If the r-o-w in front of Plot #3 were finished now~ it would be a total waste of gravel and material due to the bulldozer, truCks, etc. used in the construction of a dwelling on said plot. I would appreciate it if the Board would recommend to the Building Department to issue a building permit a~ this time. When construction is completed, I will finish the r-o-w and obtain the boards approval of same. This approval will be necessary for the issuance of a certificate of occupancy, as was the case ia Plot ~+. I appreciate your consideration in this matter. Ver~uly yours, / ×/ Robert W. Wendell Winds Way Building Corp. HENRY E, RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI. Jr, GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. T ~ ~r~-- 'LD $outhold, N.Y. 11971 TELEPHONE 765- 1938 April 15, 1982 Mr. John Davis / Sterling Road Cutchogue, New York 11935 Re: Baxter Properties Dear Mr. Davis: Our board would request that you inspect the right-of-way on the above captioned subdivision and report your comments and/or recommendations to this office. I have enclosed a copy of the map for your review. Thank you for your cooperation. Yours very truly, HENRY E. RAYNOR, JR.,'CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary enc. cc: Robert Wendell HENRY E. RAYNOR. ,Tr.. Chairman JAMES WALL BENNETT ORLOWSKL ,Tr. GEORG~ RITCHIE LATHAM. Jr. William F. Mullen, Jr. TO ,D S Southold, N.Y, 11971 May 1, 1981 TELEPHONE 765-19~ Ms. Abigail Wickham, Attorney' Main Road Mattituck, New York 11952 Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board at a regular meeting held April 27, 1981. RESOLVED ~o over-ride condition number 2 of the Suffolk County Planning Commission as pertains to lots numbers 3 and 4 on the map of the Minor Subdivision of Baxter Properties, Inc. dated July 18, 1980 as follows: A 70 foot setback for Lot 3 and an 85 foot setback for Lot 4. The reasons are as follows: 1. The 100 foot setback imposes a hardship on the property which was not self-imposed. 2. A variance from the Zoning Board of Appeals would be immediately necessary in order to place a residence on the property. 3. On studying a map of Van Tuyl dated June 17, 1955 it appears there has been no erosion in the area. 4. The Southold Town Planning Board will cause covenants and restrictions to be filed in the Suffolk County Clerk's Office before the map is signed to make a future property owner aware that the house is not set back the 100 feet and there could be an erosion problem in the future. Yours truly, Muriel Tolman, Secretary WICKHAM, WICKHAM & BRESSLER, p.c. MAIN ROAD~ P.O, BOX 14~4 MATTITUCK LONG ISLAND March 26, 1981 Planning Board Town of Southold Town Hall Southold, N.Y. 11971 Re: Baxter Properties - Minor Subdivision Gentlemen: I would like to submit to you additional information to supplement my letter of March 4, 1981. I hope that you will transmit this information to the Suffolk County Planning Commission for their consideration in connection with my request to modify the set back policy. I enclose a copy of a map prepared by Van Tuyl in 1955 which shows the approximate top of the bluff and ordinary high water mark on Long Island Sound. I have transposed those lines onto the subdivision map. The transposition shows that the bluff line is approximately the same and that the easterly portion of the shore has built out slightly. The scale of both maps is the same. Thank you for your consideration. Sincerely yours, Abigail A. Wickham TOWN OF SOUTHOLD OFFICE OF BUILDIlqG INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 March 22, 1982 ?lanning Board Town of Southold Town Hall Southold, N.Y. 11971 Re: Baxter ?roperties Inc. Minor Subdivision #178 Gentlemen: I did make an inspection of this site and found the access road completed in front of the first lot. The clearing for the rest of the road was not much further than the first lot. On the first lot, provisions 4, 5, and 6 may have been in violation. I do feel that the purpose is to prevent any erosion of the bluff. Since it has all been put down in sod and sloped south, the water will not run over the edge of the bluff. Thus, I feel the intent and protection of the bluff has been taken care of. No further building permits or certificates of occupancy will be issued until I have heard from you. Sincerely yours, George H. Fisher Senior Building Inspector GHF:ec HENRY E. RAYNOR, ,Ir,. Chairman .lAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITChqE LATHAM. Jr. William F. Mullen, Jr. TO~ ]~O~0~U Southold, N.Y. 11971 TELEPHONE 765-19~ April 9, 1982 Mr. Robert Wendell 1020 Glen Road Southold, New York 11971 Re: Baxter Properties Dear Mr. Wendell: We are unable to make recommendations regarding your right- of-way on the above captioned subdivision, as it is not within this Board's jurisdiction. The existing road does not fall within the metes and bounds of this subdivision and would, therefore, require a 280-A from the Zoning Board of Appeals. Please contact their office for information regarding such approval. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals By Susan E. Long, Secretary HENRY E. RAYNOR. Jr., Chairma~ PREDERICK E. GORDON JAYMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. W±ll±am F. Mullen, Jr. Southold. N.Y. 11971 TELEPHONE 765-1938 April 26, 1982 Mr. Stanley Pauzer Dept. of Agriculture Soil Conservation Service Riverhead, New York 11901 Dear Mr. Pauzer: We would appreciate your meeting with our board to review the existing conditions of lot #4 on the minor subdivision entitled Baxter Properties, located at Mattituck. We have arranged to meet in the field, Monday, April 26 at 2:00 p.m. We appreciate your prompt attention regarding this matter. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary APR £ 1020 GLENN ROAD SOUTHOLD, NEW YORK 11971 (516) 765-1335 DESIGNING t.AND PLANNING CUSTOM CONTEMPORARY HOMES COLONIAL REPRODUCTIONS April 21, 1982 Southold Town Planning Board Town Hall Southold, New York, 11971 Gentlemen; This letter is in reference to Mr. Stanley Wernick's application concerning stairs on the bluff at Plot ~1+, Baxter Properties, Cutchogue,N.Y. In my communication with the United States Department of Agriculture, Soil Conservation Service, I spoke to Mr. Thomas J. McMahon. He told me that in a situation where the bluff top and down to the beach is covered with vegetation~ as he said was the case with Plot ~4, that the location of the stairs did not basically matter. The main concern was how they were installed on the bluff. The stairs can be installed from top to bottom by the use of ladders, and the section of each stairs constructed, so the men doing the work do not step on any vegetation or soil directly. This would not create any erosion or disturbance to the bluff. On the adjoining plot to the East, the stairs were done correctly and vegetation is growing under and through the stairs. I trust this will assist you Wernick's application. ation in this matter. in granting Mr. Thank you for your consider- ~/r~truly/~/°~ s ,/ SOIL AND WATER CONS£RVATION DISTRICT COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE May 3, t982 STANLEY A, PAUZ£R DISTRICT MANAGER Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Mr. Raynor: In reference to your request and our subsequent field meeting to review the existing conditions of Lot #4 of Baxter Properties, in Mattituck, please note the following. There are two areas along the top of the bluff which are receiving over bank runoff. One is toward the center of the bluff top and receives very little surface runoff; however, the second area: at the east end of the bluff top, receives a much larger amount of surface runoff and could cause future erosion problems. To rectify the problem of over bank run- offs in this situation, a small earthen berm should be constructed along the top of the bluff. The berm should be approximately 12-18" high and 24-36" wide at the base. The two ends of the berm should be "tied-into" existing ground of the same elevation. This will alleviate the possibil- ity of surface runoff from flowing around the ends of the berm (see en- closed sketch I-A). In addition, there are several "blow out" areas on the bluff face. These are areas that are devoid of vegetative cover. Reestablishment of appro- priate vegetation on these areas is most important. Therefore, plant 'Cape' American Beachgrass according to enclosed information sheet. Maintain beachgrass by fertilizing twice annually with five pounds of 10-10-10 or 10-6-4 analysis fertilizer per 1000 S.F. Fertilize in early spring and fall for the first two years. Fertilize when needed after second year. Bunch plantings of Rugosa Rose, 'Arnot' Bristly Locust, and or Bayberry may also be planted to deter foot traffic on the bluff or for aesthetic values. If you have any additional questions, please contact this office. Sincerely, Thomas J. McMahon District Technician HENRY E, RAYNOR, .Ir.. Chairm~n JAMES WALL BENNETT ORLOWgKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 May 12, 1982 Mr. Robert Wendell 1020 Glenn Road Southold, New York 11971 Re: Baxter Properties Dear Mr. Wendell: The following actions were Monday, May 10, 1982: taken by the Southold Town Planning Board, RESOLVED that the Southold Town Planning Board accept John Davis' inspection report #215, dated April 20, 1982, on the minor subdiv- ision of Baxter Properties located at Mattituck, and all improvements made on this right-of-way are to comply with said report. RESOLVED that the Southold Town Planning Board accept the Soil and Water Conservation's recommendations, dated May 3, 1982, regarding the existing conditions of lot #4 on the minor subdivision Baxter Properties, located at Mattituck, and compliance of said recomendations so as to alleviate the possibility of future erosion along the bluff. I have enclosed copies of each report for your information. If you have any questions, please do not hesitate to contact this office. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Encls. By Susan E. Long, Secretary HENRY E. RAYNOR, Jr.. Chair~a~ JAMES WALL BENNETT ORLOWSKI. Jr, OEORGE RI'ICI-HE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 June 17, 1982 Mr. Goerge H. Fisher Senior Building Inspector Southold Town Hall Southold, New York 11971 Re: Baxter Properties Minor Subdivision #178 Dear Mr. Fisher: Our board has insPected the above captioned property and find the violations have been corrected by the builder. As a result, our board took the following action: RESOLVED that the Southold Town Planning Board recommend to the Building Inspector a release of the stop work order on the property of Baxter Properties, subject to a one year review by the Planning Board. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Robert Wendell By Susan E. Long, Secretary HENRY E. RAYNOR..Ir.. Chairma, ,lAMES WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765 - 1938 May 28, 1982 Mr. Robert Wendell 1020 Glenn Road Southold, New York 11971 Re: Baxter Properties Dear Mr. Wendell: The following action was Monday, May 24, 1982. taken by the Southold Town Planning Board, RESOLVED that the Southold Town Planning Board amend their resolu- tion dated May 10, 1982 as follows: RESOLVED that the Southold Town Planning Board accept John Davis' in- spection report #215, dated April 20, 1982, on the minor subdivision of Baxter Properties, located at Mattituck, and all improvements on this right-of-way are to comply with the recommendations stated in said report. If you have any questions concerning the above, please do not hesitate to contact this office. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary HENRY E. RAYNOR~ Jr., Chair,,an .".".2~ -" ?..'C."- ,~AME$ WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 July 1, 1982 Mr. Richard Cron Attorney at Law Main Road Cutchogue, New York 11935 Re: Baxter Properties Dear Mr. Cron: The following action was taken by the Southold Town Planning Board, Monday, June 28, 1982. RESOLVED that the Southold Town Planning Board override Suffolk County Planning recommendation number eight on the minor subdivision of Baxter Properties, located at Mattituck. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Robert Wendell · RAYNOR. Jr., Chairman ~ALL ~TT ORLOWSKI, Jr. ,4GE RITCHIE LATHAM. Jr. liam F. Mullen, Jr. TOi, D SL ~ Southold, N.Y. 11971 TELEPHONE 765-19~ June 11, 1981 Ms. Abigail A. Wickham, Attorney Hain Road ~attituck, New York 11952 Re: Baxter Properties, Inc. Minor Subdivision pear Ms. Wickham: In reviewing the proposed covenants and restrictions for saxter Properties, Inc., I find that they are satisfactory. When we receive the final copy of the covenants and restric- tions, we will then be able to complete the file. Yours truly, Henry E. Raynor, Jr., Chairman Southold Town Planning Board IER:lgk HENRY E. RAYNOR. ,Ir., Chairman JAMES WALL BENNETT ORLOWSKI. GEORG~ RITCHIE LATHAM, N~lli~m F. Mull~n~ Jr. $outhold, N.Y. 11971 TELEPHONE 765- 1938 December 4, 1981 Baxter Properties, Inc. Main Road Mattituck, New York 11952 Re: Baxter Properties, Inc, minor subdivision Gentlemen: Pursuant to our field inspection of this property, we find this sub- division to be in violation of its approva~ based on conditions #4, #5, and #6 specifically. These are conditions relating to grading and clearing within 50 feet of the bluff area. We will take appro- priate actions to revoke this subdivision unless conditions to amend this are immediately initiated. Until this matter is resolved, we feel that further construction should be immediately prohibited. Hoping to resolve this matter at the earl- iest convenience. Yours very truly, Henry E. Raynor, Jr., Chairman Southold Town Planning Board cc-" Abigail Wickham, Atty. Building Department Southold Town Board WICKHAM, WICKHAM & BRESSLER, p.c. MAIN ROAD~ P,O, BOX 1424 MATTITUCK LONG iSLAND July 30, 1981 Southold Town Planning Board Town Hall Southold, NY 11971 Enclosed please find a copy of the Covenants and Restrictions in connection with the above rotter, which %~-re recorded in the Suffolk Coumty Clerk's Office on July 15, 1981. I do not have the Liber and Page, but will furnish that as soon as the Covenants and Restrictions are returned from the county Clerk's Office. Enclosed are six maps for signature by the Planning Board Cha/r- man. Very truly yours, Abigail A. Wickham AAW:ep Encl s. WICKHAM, WlCKHAM & BRESSLER, P.C. MAIN ROAD~ P.O. BOX 1~24 mATTITUCK LONG ISLAND NEW YORK 11952 December 14, 1981 DEC 18 Pl~d_ngBoard Town of Southold Town Hall Southold, NY 11971 Re: Baxter Properties, Inc. Gentl~=n: Tbm probl~ set forth in your letter of December 4, 1981 have apparently resulted from construction of a residence on Lot 3 or 4 of the minor subdivision. The Baxters conveyed these lots to John J. VanBourgondien end Winds Way Building Corp., respectively, on August 5, 1981, subject to tbm conditions mentioned in your letter. Those con- ditions, relating to grading and cutting of vegetation near the bluff, are set forth in the recorded Covenants end Restrictions. Until your letter and telephone call, we were coapletely %maware of the work being domm which affects the bluff area. We have contacted the appropriate parties and notified tb~m of your letter. We have also asked them to content you inmed~mtely so that we my discuss with the Board what specific actions mst be takan to r~dy the condition. While Baxter Properties is not the party responsible for the problem, and in fact no longer owns the property involved, we will certainly de everything we can to cooperate in remedying the situation. Very truly yours, cc: Y~. William J. Baxter, Jr. February 23, 1982 Henry Raynor, Chairman Southold Town Planning Board Town Hall Southold, N.Y. 11971 Re: Baxter Properties, Inc. Minor Subdivision Lots Nos. 3 and 4 Dear Mr. Raynor: I am the attorney for Stanley Wernick who is presently under contract to purchase Lot No. 4 set forth on the above minor subdivi- sion from the present owner thereof, to wit: Windsway Building Corp. The contract of sale has been made subject to and conditioned upon the waiver from the Southold Town Planning Board of Item 8 in the restrictions annexed tothe approved minor subdivision and Item 9 which is set forth in a Declaration of Covenants and Restrictions recorded in the Suffolk County Clerk's Office on July 15, 1981. The waiver herein requested deals with the requirement that access to the beach from Lots 3 and 4 shall be restricted to a single access struc- ture located on or near the common property line between said Lots 3 and 4. In the past, the Planning Board has not hesitated upon re- quest to override this particular restriction as recommended by the Suffolk County Planning Commission. In each instance, the Board has rightfully recognized that such a restriction causes a great deal of undue hardship upon the property owners in that it compels each property owner to assume a tremendous risk of liability as well as Henry Raynor, Chairman -2- February 23, 1982 the uncertainty of having to deal with a future adjacent property owner. The wisdom of the past actions of the Planning Board in over- riding the County's restriction has neverbeen better evidenced than in the instant case in which I am involved. My client, Stanley Wernick, is so concerned and upset over the restriction imposed by the County, that as much as he wishes to pur- chase the subject property, he cannot do so unless the restriction is removed. The present owners of Lots 3 ard 4 join in this request to the Board, the written autho~zations with respect to same, I shall submit to the Board at its meeting on March 8, 1982, at which time, I will most respectfully move the Board to 'remove the restriction so that we can proceed to the closing of the transaction in behalf of my client. Thanking the Board for its kind consideration to this matter. RJC/J f cc: Stanley Wernick Windsway Building Corp. Bracken & Jacoppi, gsqs. Robert W. Gillispie, III ! / February 23, 1982 Henry Raynor, Chairman Southold Town Planning Board Town Hall Southold, N.Y. 11971 Re: Baxter Properties, Inc. Minor Subdivision Lots Nos. 3 and 4 Dear Mr. Raynor: I am the attorney for Stanley Wernick who is presently under contract to purchase Lot No. 4 set forth on the above minor subdivi- sion from the present owner thereof, to wit: Windsway Building Corp. The contract of sale has been made subject to and conditioned upon the waiver frem the Southold T~n Planning Board of Item 8 in the restrictions annexed tothe approved minor subdivision and Item 9 which is set forth in a Declaration of Covenants and Restrictions recorded in the Suffolk County Clerk's Office on July 15, 1981. The waiver herein requested deals with the requirement that access to the beach from Lots 3 and 4 shall be restricted to a single access struc- ture located on or near the common property line between said Lots 3 and 4. In the past, the Planning Board has not hesitated upon re- quest to override this particular restriction as recommended by the Suffolk County Plannimg Commission. In each instance, the Board has rightfully recognized that such a restriction causes a great deal of undue hardship upon the property owners in that it compels each property owner to assume a tremendous risk of liability as well as Henry Raynor, Chairman -2- February 23, 1982 the uncertainty of having to deal with a future adjacent property owner. The wisdom of the past actions of the Planning Board in over- riding the County's restriction has neverbeen better evidenced than in the instant case in which I am involved. My client, Stanley Wernick, is so concerned and upset over the restriction imposed by the County, that as much as he wishes to pur- chase the subject property, he cannot do so unless the restriction is removed. The present owners of Lots 3 amd 4 join in this request to the Board, the written autho~ zations with respect to same, I shall submit to the Board at its meeting on Marc~ 8, 1982, at which time, I will most respectfully move the Board to remove the restriction so that we can proceed to the closing of the transaction in behalf of my client. Thanking the Board RJC/jf for its kind consideration to this matter. cc: Stanley Wernick Windsway Building Corp. Bracken & Jacoppi, Esqs. Robert W. Gillispie, III INVENTORY & EVALUATION REQUESTED BY l~bert W. Wembell ASSISTED BY U, $, OEPARTMENT OF A~RICULTUR~ SOIL CONSERVATION SERVICE LOCATION S(~thold, New York INDIVIDUAL., GROUP UNIT OF GOVERNMENT 11971 March 16, 1982 DATE SITUATION: T. mmc~lm~ ~quP-.~ a technictal evaluati~ of his property, Plot ~ - Baxter Properties, which he ts selling to Stamley Wernick. The property located /n Cutchosue off Lm~ Islamd Sc~md. There /s a bluff cn the which app~m-s to be f-~rly stable. No e~-ustcm was evidemt at the bluff toe, fa-e, nor tc~. The bluff face is well ~getated with ~=ody vegetatt~ md is mo over-hanging l~p, Moat storm water surface rlxtoff flows away fro~ the bluff; the~fore, no -.~usi~ ~z~ld be starl:ed due to overbank runoff. There ~- mo bulRflead~ at the bluff toe. SUGGESTED SOLUTION (S): Ve~et~te all 5ax~ ax~-- o~t t_~ bluff face w~_th A~ Be~s (see mclosed tnfoz~ ~ sheet). Create a small bema 6-8 inches h~ b~ 1~ Lnchee at the base, al~mg tb~ top of the bluff la the e~L~.~ North- East ~,~ Of the pro~, 3~[s will stop the ~!1 area of surface water m~off that could flow ovex the bluff top. Pla~t bunch plantings of t~gosa 'ArnO' ]k~atly [oc~t, Sayberrf, an4 Beach Pi~ where needed or as a ~ em ~op of the bluff. l~x~, Ne~ Ye~k 117~3 PLANTS FOR CONSERVATION IN THE NORTHEAST USDA o SOIL CONSERVATION SERVICE rose,rugoss CONSERVATION PLANT SHEET.42 RUGOSA ROSE (Ross rugosa, Thunb.) Uses: Rugosa rose is used for beautification, revegetation'and erosion Control on roadbanks and urban develOpments and is occasionally used around private homes for beautification purposes. This very hardy shrub is one of the few species of rose that can withstand salt water spray and is therefore extensively used in beach gardens, and for controlling erosion on storm lashed sand dunes. Rugosa rose can also be used for borders and wildlife areas where a fairly high degree of maintenance will be practiced. The ripe fruit or hips have s high vitamin C content and can be used to make s pleassnt~y flavored tea, as well as jam or jelly. It serves as a source of food and cover for birds and small mammals. Description: Rugosa rose is a native of north- ern Chins. It is s sturdy, erect, much Leaf, flower, fruit branched, leafy shrub which grows to a height of four to five feet. Its stout stems are covered with numerous thorns. The flowers are single, two to three inches across and though usually red, rahge from white to purple. The plants flower throughout the summer. The leaves are deciduous and compound with fine leaflets. They are dark green and lustrous, adding to the plants beauty. The fruit, which resemble small red tomatoes, vary in size from %" to 1%" in diameter. Fruiting begins about the second year and is generally heavy. Rugosa rose spreadsslowly by way of stout under- ground stems, producing a colony effect after a few years. Varieties: A number of horticultural varieties are commonly grown: 'Ruskin', 'Sarah Van Fleet' and 'Grootendorst'. The most commonly available plants from nurseries are not a named variety. Ad~ptation: Rugosa rose has s fairly wide range of adaptability. It is hszdy in the areas shown on the map. Its best growth is in sandy, light textured soils but it also does well in medium textured soils. PLANTS FO~ CONSERVATION IN THE N(~THEAST USDA - SOIL CONSERVATION SERVICE bayberry CONSERVATION PLANT SHEET-41 BAYBERRY (Myrica pensylvanica Loisel,) Uses: Bayberry is an excellent shrub for improving food and cover conditions for farm wildlife.. Because some leaves remain on the plant most of the winter months, it provides year-round shelter for game and small birds. Its berry crop, which is available above the snow most of the winter, provides a staple food for hobw~ite, quail and ruffed grouse, and is readily eaten by ring-necked pheasants, wild turkeys, and nnm~rous songbirds, as well. Bay- berry is used effectively in hedges, wildlife borders, and on roadbanks. Because of its ability to live on very sandy soils it is a particularly valuable shrub for use on the mid-Atlantic coastal dunes for a variety of purposes. Its thicket forming character makes it useful for erosion control plantings. The thick enduring mulch of leaves built up on the ground be- neath the plant greatly increases its effectiveness for this purpose. The highly scented bayberry fruit was a source of wax for early settlers in America, and is still used in making bayberry candleS. The fruited branches, bare of leaves, make attractive decorative materials for indoor use in fall and winter. Description: Bayberry is an upright shrub, 5-7 feet in height except in shore and poor soil areas, where it seldom exceeds 4 feet. The aromatic dark-green leaves tend to hang on the twigs through m~st of the winter, although this characteristic varies greatly with individual plants from one place to another. The leaves are simple, serrated and about 1~" long. Bayberry plants flower in- conspicuously in early spring. The clusters of w~xy-greyish w~ite fruit ripen in October and remain on the plant into winter. Male and f~-~le flower occur on separate plants. Varieties: There are no cultivated varieties of bayberry. Adaptation: Bayberry is a native to the coastal zones of the eastern U.S. Although adapted to a variety of soil conditions its best performance is on light textured soils. INVENTORY & EVALUATION REQUESTED BY ~W. Wembell LOGATtoNSOUthold, New Yoz-k INDIVIDUAL ** GROUP UNIT OF GOVERNMENT 1020 Gle~ Road 11971 ~ J. M~ March 16, 1982 ASSISTED BY DATE , SITUATION: Le~ requested a technielal evaltm~l_~ of his properly, Fiot ~ - Ba:~e~ l~te~, which he is selling to Stamley Wet'nick. ~he p~ is located tm Cuto1~ off Lo~ Island So~. ~ is a bluff c~ ~h~ p~;opert-y whieh ~s to be fairly stable. No eroetm was evidemt at the bluff toe, face, mot top. The bluff face is ~ell vegetated with woody %~etattcm and there is no ovex-hat~ll~ lip. Most stox~ water surface rla%off flows away f-~om the bluff; therefore, mo 4k-osim could be stax~ed doe to ovexbamk rt~off, There is r~o bLl~df~ at' t~ bl_~Ff toe. SUGGESTED SOLUTION (S): Vegetate all bare ~-~m ~t the'bluff fa~e with Bea~aas (s~ ~cl~d ~~ s~t), ~te a ~11 ~ 6-8 ~ ~ 18 ~ ~ ~e~e, a~ ~ ~ of ~bl~f ~ ~ ~ ~t ~,~ of ~ p~. ~ ~11 st~ ~ ~1 ~of ~~er ~ff ~ ~d ~ ~r t~ bl~f ~, ~t ~p~ of ~a ~se, 'Arnot' B~istly Locust, Ba~£~..y', and B~,~'h Plum ~ n~d ~ ~ a s~ ~ ~ ~ of ~ blur. PLANTS FOR CONSERVATION IN THE NORTHEAST uSDA - SOIL C~SERVATION SERVICE CONSERVATION ~PLANT ~T~/~2 RUGOSA ROSE ' b (Ross rupees, I'h~ ,) Uses: gugo~a rose is ~sed for b~uti£tcation, revegetetton and eresion control on roadhanks and urban derailments and is occasionally used around private he.es £or beautification purposes. This very hardy shrub, ia one of the few species of rose-~hat,Can Vithstend sal~ water ~epra~ and is ~herefore extensively used in beach gardens, sad for co~trO'llini erosion also b~ u~sd for 'bor~sre and wildlife areas where s fairly hii~ de&ree of maintenance will be practiced, The ~ipe fruit or hips have a high vitamin C content and can be used to make a pleasantly flavored tea, as welt as lam or jelly. I~ ~erves ss a source Ri f~od and cover for birds smd small~ammaLs. De, scriotion: iugo~a rose is s ne~iv~ Of north- ern Chins. It is a sturdy~ eeect, much branched, leafy, shrub which 8ro~s'to a height et stout ste~s are covered with numerous thbrns. The to three inches across and though usually red, The plante flower throughout the summer. The leaves co.mpoimd with fins leaflets.' They are dark g to the plants beauty. The f~ut~, which resemble in size from %" ~% l~~ in diameter. F~utting be and is Eenerally heavy. RuEosa rose: spresdsslOwly by way. of ground stems, producing s col~n~ effect after s few ~esra. ~n: A cumber oE Fleet' and 'Oroote~dorst'. The most plante from n~rserias are no~ a named variety. AdaptatiOn: RUgosa rose has a fairly wide range of adaptabilit~' It Is hardy'-in the areas shown on ~he msp. Its best growth is in sandy, li&~t '~itXtured soils but it also does well in medium teXtured sotl,s. Lo~ survival rate uae bm expe~ed on heavy, poorly dra2r~d soils. is w~ll ~iapted co ~oas~el areas. Establishment: For large roedbank and seashore plantings,~bere root one- year-old seedlings or rooted cuttings spaced about two feet apart cam be used;where the site is critical or a htgh degree of survival is neces- sary container grown one-year-old plants are recommended. This is par- tlcular%y true on ~oaetat sand dunes. If bare root. plants a~e used on sand dU~es, add at i~ast one §allon of pea: moas to the planting hole. ) ~it~le or no maintenance. ~m '~equ~r~d. References: Edminstar, Frank C., and May, Richard M. 1951. Shrub ~ for .Soil Consgrvation and Wildlife Cover in the Northea~t.~ U S 1~7; Washington:, D~..pp, ~l. Northeast Technical Mervice Center Brooma ll, Pennsyivsnl~ April 1~,76 ~,Y E. RAYNOR, Jr., Chairman :S WALL !ETT ORLOWSKI, Jr. iGE RITCH1E LATHAM, Jr. IAM F. MULLEN, Jr. Southold, N.Y. I1971 TELEPI 765-1 July 13, 1983 Mr. Robert W. Wendell Winds Way Building Corp. 1020 Glenn Road Southold, New York 11971 Re: Baxter Properties Access Road Dear Mr. Wendell: The following action was taken by the Southold Town Planning Board, Monday, July 11, 1983. RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis' report #303 regarding satisfactory construction of the access road to lot #3 within the subdiv- ision of Baxter Properties, Inc., located at Mattituck and said access road to be maintained at or above its present state. A copy has been enclosed for your review. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Building Department By Susan E. Long, Secretary SOUTNOLD ~0%~I PLAiJ!~ih~G _9OAreD ~0~.~. John W. Da-~is ~tE: RT .'lO. 215 DATE: April 20, 1982 BAXTER '~' ~ Ru'~ ~.P~.: un, Ii.iC. ?iiNOR S~,BD~VISIO~ at C~{OGUE INSPEC~ON CF R.O.W. '~S ~ER~.~.~ D~TED fd,i~JDED July 18; 1982 ~he northerly section of the Baxter R.O.W. from OregOn Road is 20 ft. in ',~ldth instead of 25 ft. in :*id~h as sho~n for the remaining sections. It would have been preferable to have a uniform width of 25 ft. throughout. According to R. Van ~yl~ ~/te property line (west side of the Baxter R.OjJ.) was held which accounts for the 20 ft. width to the adjacent 16 ft. width Bokina R.O.W. on the east side. ~here are tkree large mole trees in the Baxter R.O.W. in front of the Bokina house. ~2~ese trees are shown on +he east side of the R.O.W. and may be saved oroviding the edge of +he roadway section is not close. If szved, so~.~ lower branches would have to be +rim~ed for clearance of vehicles other than the average automobile height. ~here is also another large maDle ~ree in the Oregon Road R.O.%mL at the intersection with +he Baxter R.O.W. This tree should be removed (See _~ttsched prin~- for *ree locations). Toe 20 ft. R.O.W. has been rough graded for ~ width cf 16 ft._~_~ wi~ a mixture of sand and loam. Advised by Mm. Wendell, who i :.~et on the site, that toosoil was stripped here orior ~o olacing ~he other material. This graded section L~ lo-~r ~han the adjoin- ing farm~and in plac~swhich could be related to the striooirg oueration. · ne 25 ft. Rs 0 .~ 1~. has been partially cleared and a small amount of rough ~rading done. REC OI,? 1El!DA ?IONS: 1. Toe road section to be 16 ft. in width with a center crown for drainage. ~he material to bank run 6" in den~h with a gr_~vel content o? ~ ' ~:e 20 et. R.O.W. ares to be regraded with more material so that the 6" bank run material will 'se higher than the adjacent far~and. 3. Remove to~so:'3_ where necessary in *he 25 ft. R. OoW. ~ad replace with suitable material before pla6ing the bank run. U. S. DEPARTMENT OF ~ICULTURE SOIL CONSERVATION ~ERVICE INVENTORY & EVALUATION REQUESTED BY P~bert W. ~mbell fINDIVIDUAL ** GROUP UNIT OF GOVERNMENT 1020 Clem1~ad LOGATioNSOtlChold, [~w York 11971 ASSISTED BY 'D~m~s J. McMe-h~ Mm'ch 16, 1982 DATE SITUATION: Landowner requested a t:echnict~l evalua~.ioa of his prope~.-7, Elot ~ - Bax=er P£~t,erl:lee, which he is selling co SCamley Wernick. 'f'ne property is located tm Cu~chogue off Long Isled So%md. There /s a bluff em the pzope~Ly which ,v~ers to be fairly s~'nhle. Ro erosio~ was evident ac the bluff toe, face, nor top. The bluff fa~e is well vegetated with %mody vegetatiogt and l:he~-e is no over-hanging lip. MoaC st~ water surface turnoff flows away fr~ the bluff; thexefore, no erost(~ could be scarred due to ovexbank rt~off. There is mo ~d/ng ac the bluff toe. SUGGESTED SOLUTION (8): Vegetate all ba~e ~.~---_.as om the'bluFf face with l~z~ss (see emclosed i~to~t sheet), Create a ~mmll ~ 6-8 troches high by 18 /nc.bee at the base, alc~g the cop of the bluff tn the ex~rame Nozth- F~-t cu£,~r of the property. This will stop t-ha ~11 area of surface water rcmoff that could flow ~ the bluff t~p. *' Plant bunch p~mttmgs of Rugoea Bose, 'Arnot' Bristly I~cust, Baybezry, ~d ~aeh FI~ where needed or as a the top of the bluff. 11743 PLANTS FOR CONSERVATION IN THE NORTHEAST · USDA .- SOIL CONSERVATION SEKVICE CONSERVATI 01~ PLANT · - iRUGOSA ROSE ./.'.~.~, (Rosa rugosa, Thtmb.) Uses: Rugosa rose is used for beautification, revegetation and erosion control on roadbanks and urban developments and ia occasionally used around ~rivatehomes for beautification purposes. This very hardy shrub is one of the few species of rose that.can withstand salt water -spray and is thereforeextenetvely used in beach gardens, and for controlling erosio~ on storm lashed sand dunes. Ru$osa rose can also be used for 'borders and wildlife areas ~ere a fairly high degree o£ ~aintenance will be practiced. The ripe fruit or hips have a high vitamin C content and can be used to make a pleasantly flavored tea, as '~elt as jam or jelly. It ~e~ves as a source Of food and cover for birds and small Description: Rugo~a rose is a nitive bi north- ern China. It is a Sturdy~ erect, much branched, leaf~ shrub which growa'to.s height 0!' four stout stems ere covered ~ith numerous thbrns. The to three inches across and though usually red, The plants flower throughout the suawaer. The leaves co.~pound with fine leaflets.' They are dark green.~nd to the plants beauty. The fruit, ~hich resemble sm~ll red tpmatoea, var in size from %" t% 1%" tn diameter. Fruiting beiins about the second and is generally heavy. Rugosa rose spreadsslowly by way ot st:Out ground stems, producing a colon~ effect after a few years. Varieties: A number of horti'~lth~a~ varieties are commonly, ~Sarah Van Fleet~ and ~Groote~dorst*. The most commonly available plants from nurseries are hOC · named varieCy, Adlp:ation: Rugosa rose has i fairly wide range of sdaptabiii{};' ha£dy'-ln the areas shown on the map. Its best srowth is in sandy, [i&~t 't~xtured soils but it also does well in medium textured soils. Low survival racc can be expected on heavy, is wall adapted to coastal areas. Establishment: For large roadbank and seashore plantings,,bere root one- year-old seedlings or rooted cuttings spaced about two feet apart can be used;where the site is critical or e high degree of survival is notes- sary container &town one-year-old plants ara recommended. This is par- ticular~y true on coastal sand dunes. If bare toot plants ~re used on Sand duBes~ add at least one §$11on of pest moss to the planting hole. poorly drained soils. It ZONE OF PRINCIPAL ADAPTATION IN THE NORTHEAST ~ Competin&,vegetation should be kept ........... away from'the plants until they ' become well established. Experience has 'shown that rugosa rose tends domina~'e the plantin& site through reproduction bY the underground stems. :hia.. has hsppe~ed~, '~iCtle or no maintenance' ~s requited. .,~.'~;~i:~~ ~ ~..~!'.',.}.:;'~- . . . .-~ .... ..... ,:~ ,. - : .... References: ~ Edminscet, Frank C., and May, Richard M. 1951. Shrub Plantihgs for Soil Cons6rvation and .~ildlife Cover in the Northeas:..U S D A :'Circular No, . Washington, 0.~c. Northeast Technical Service Center Brooma ll, Pennsylvania April 1976. 70: Henry E. Raynor~ Jr.~ Chairman Repot ~o. 231 Southold ~bwn Planning Board ?ROM: John W. Davis Date: July 9, 1982 ~AX'~ER PROPkRTIES, INC., ~.Zinor Subdivision at Cutchogue Inspection of R.O.W. and Access Ro~d O~.~,.EN TS. I made an inspection of +he R.O.W. ~nd access ro~d today as req,~st~d by I,m. '~endell who advised t~at the road work and driveway entrance in+o the property w~s now c~p!eted. ~he access road from Oregon Road to +.he west side of Lo+ ~o. 4 (new house on this lot) is satisfactory. Additional gravel was ~d¢!ed to *he ban~rrun material brought in first. ~he R.O.W. for the rema~ning length is only partially cleaFed .~nd there is no road i ~mprovement in front of L~ s Nos. 1,2 ar~l 3. ~he lower branches of three lnrge maple ~rees in front of ~he Bokina h~lse been lrimmed for clearance. The ~ple tree in +he Oregon Road R.0.W. at, The access entrance does not appear l~) be too muci~ of ~%n ohstruc+ion ~ could remain. qhe driveway into Lo~ ~4o. 4 and parking area ti*ere k~s 2"~ of crus~md bluestone on a bankran base. This area is l~rge enough exit by making T h~rns. SEE SKEUEH I ~5 I_ .,~ N D ~ 0 L.J N D - - -~ -:-~- - ~ ..... - - ~ - ,~-., ~ ~ ~ '~ ~0 f t FILE ~0 S ~1 S~F~L~ CO. PL~I~ DEP1 ~o~ ~D~v~ro~ SUB, D REVI~ SECTIO~ .~ ' ~ . , . ~e subdivision of this parcel, as propom , ~x.~ -. . ~s been approved by the Suffolk Co~ty Planninm Co~ssion subject tolO c~ditions deemed neces- ~ry to help prese~e the natur~ and aesthetic ' - attributes of a ~ ~_~' l~efer to letter for conditions. APPROVED BY PLANNING BOARD TOWN OF SOUTNOLD COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5207 April 3, 1981 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Baxter Properties, Inc. Approximately 958 feet northwesterly from the intersectionof Bridge Lane and Oregon Road, Cutchogue, New York. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on April 1, 1981, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Baxter Properties, Inc.", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following conditions deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Long Island Sound: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. 2. No residential structure shall be constructed within 100 feet of the top edge of the bluff. o The approval of the subdivision shall be made subject to the meeting of all standards and requirements of the Suffolk County Department of Health Services. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. 5. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control~r remedy erosion or to pre- vent stormwater from flowing over the edge of the bluff. 6. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board 2 April 3, 1981 Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Access to the beach shall be restricted to a single access structure for each pair of lots located on or near the common property line between the pair of lots. No lot may be subdivided or changed in any manner unless authorized by the Town Planning Board. The recording in the office of the County Clerk on or prior to the approval of this subdivision of covenants and restrictions concerning the above 9 conditions. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: S-SD-81-06 CGL:jk Encl.: Map HENRY E. RAYNOE. J'r., Chairm~ 2AMES WALL BENNETT ORLOWliKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 19:18 April 15, 1982 Mr. Robert Wendell 1020 Glen Road $outhold, New Yo~k 11971 Re: Baxter Properties Dear Mr. Wendell: In our letter to you, dated April 9, 1982, we erroneously stated that you would require a 280 A from the Zoning Board of Appeals, regarding the right-of-way on the above captioned subdivision. Please note the enclosed letter to Mr. John Davis giving authorization for an inspection on this property. Upon re- ceipt of his recommendations, we will expedite further pro- ceedings. If such are received by this office prior to our meeting of April 26, 1982 we will place it on our agenda. We sincerely apologize for any inconvenience this error may have caused. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWl~ PLANNING BOARD Eric. cc- By Susan E. Long, Secretary Board of Appeals George Fisher, Sr. Building Inspector {ENRY E. RAYNOR, 3r., Chairman [AMES WALL IENNETT ORLOWSKI. Jr. ~EORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TO D Southold, N.Y. 11971 May 27, 1981 TELEPHONE 765- 1988 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: The following action was taken by the $outhold Town Planning Board at a regular meeting held April 27, 1981. RESOLVED to over-ride condition number 2 of the Suffolk County Planning Commission as pertains to lots numbers 3 and 4 on the map of the Minor Subdivision of Baxter Properties, Inc. dated July 18, 1980 as follows: A 70 foot setback for Lot 3 and an 85 foot setback for Lot 4. The reasons are as follows: 1. The 100 foot setback imposes a hardship on the property which was not self-imposed. 2. A variance from the Zoning Board of Appeals would be immediately necessary in order to place a residence on the property, 3. On studying a map of Van Tuyl dated June 17, 1955 it appears there has been no erosion in the area. 4. The Southold Town Planning Board will cause covenants and restrictions to be filed in the Suffolk County Clerk's Office before the maP is signed to make a future property owner aware that the house is not set back the 100 feet and there could be an erosion problem in the future. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD // OSTAFF REPORT 3-20 Sect. ion 1333, Article XIII, Suffolk County Charter' Municipality Town of Southold Referral Received March 237 1981 Agency Planning Board Expiration Date May 7~ 1981 'Name of Plat Minor Subdivision - Baxter Properties~ Inc. Location Approximately 958 feet northwesterly from the intersection of Bridge Lane and Oregon Road, Cutchogue, New York. TAX PARCEL IDENTIFIER NUMBER District 1000 Section 072 Block 1 Part of Lot 1 ZONING DATA Zoning classification - "A" Residential-Agricultural Minimum lot area - 40,000 square feet JURISDICTION Property has frontage on Long Island Sound. DESCRIPTION AND ANALYSIS Subject propert~ has an approximate.frontage of 815 feet on Long Island Sound and an area of 8 1/4- acres. Included in the area of the property is a 20 x 958 foot appendage that provides the property with frontage on OregQn Road at the inter- section of Bridge Lane. The southerly part of the main part of the parcel consists of a wooded area that slopes downward in a southerly direction while the remainder of the parcel consists of bluff and beach. The top of the bluff ranges in elevation from 60 to 90 feet. The property is being divided into four lots and a right-of-way strip. The lots will have area~ that range from 1.7± to 2.0~ acres and the right-of-way will have an area of 0.9m acre. Access to the lots will be provided by the right-of-way strip that runs north- westerly from the intersection of Oregon Road and Bridge Lane to the southeasterly corner of the main part of the property. From the southeasterly corner of the prop- erty the right-of-way runs along the southerly boundary of the main part of the property. Along the southerly boundary the right-of-way has a width of 25 feet. The right-of-way is being reserved for possible future road use and dedication to the Town of Southold. This is in accordance with the Town's Master Plan which calls for the creation of an east-west road in this area. The staff has noticed that the location of these reserved areas are not coordinated from one to the other because of the location of existing property lines and rights-of-way. The subdivision map shows the average line of the bluff and a 100 foot build- ing setback from the average line of the bluff. Because of the parcel's configura- tion relative to the top of the bluff there is little room for siting houses on Lots 3 and 4. A copy of a letter to the Town of Southold from the subdivider's attorney requesting relief from the setback requirement was included with the referral. Town of Southold '~nor Subdivision - Baxter Properties, Inc. page 2 It is the opinion of the attorney that a setback of 70 feet from the bluff On Lot 3 and 85 feet on Lot 4 would be reasonable. According to the report "Erosion of the North Shore of Long Island (D. S. Davies, et al.)" the erosion of the beach in this area has been estimated to range from 0.4 to 0.8 feet per year. While the Commission has been quite firm in requiring this setback it has, in a few instances where the conditions were similar, modified the setback requirement.~In one of those instances the Commission required the applicant to acknowle~g~ ~hat the approv- al of the subdivision by the Commission would in no way commit~fther the town or county to any program to protect the property from erosion an~f~that the owner is fully aware of the hazards involved. The staff ~oes not hp~fe any recommendation on this aspect of the subdivision. ~.~ ~ /J - STAFF RECOMMENDATION ~..~.~ 7~ With the exception of the question of modification of the 100 foot setback on Lots 3 and 4, which is left open for discussion, the staff recommends the following: Approval, subject to the following conditions deemed necessary to help pre- serve the natural and aesthetic attributes of the shoreline of Long Island Sound: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. The approval of the subdivision shall be made subject to the meeting of all standards and requirements of the Suffolk County Department of Health Services. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessarY to control or remedy erosion or to pre- vent stormwater from flowing over the edge of the bluff. 5. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Access to the beach shall be restricted to a single access structure for each pair of lots located on or near the common property line between the pair of lots. 8. No lot may be subdivided or changed in any manner unless authorized by the Town Planning Board. 9. The recording in the office of the County Clerk on or prior to the approval of this subdivision of covenants and restrictions concerning the above 8 conditions. File: S-SD-81-06 CGL:Jk 3/27/81 HENRY E. RAYNOR, Jr,, Chairman · 1'AMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen,, Jr. Southold, N.Y. 11971 March 23, 1981 TELEPHONE 765 - 1938 MS. Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board at a regular meeting held March 17, 1981. RESOLVED to set 7:45 p.m., Monday, April 6, 1981, at the Town Hall, Main Road, Southold, N~w York, as the time and place for a public hearing on the question of the approval of the minor subdivision of Baxter Properties, Inc. located at Cutchogue. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Planting stock of 'Cape' American beachgrass can be obtained from commercial nurserie~ Obtaining planting stock of 'Cape' American beachgmss 'Cape' is a superior strain of American beachgrass discovered on Cape Cod, Mass., in 1965 by SCS plant specialists. After extensive testing by SCS in cooperation with Rutgers University, the discovery was named 'Cape' and made available to commercial pro- ducers in 1972. Planting stock of 'Cape' American beachgrass is now generally available from commemial nurseries along the mid-Atlantic coast. For more information on where to buy plants and how to use and plant them, you can call the local office of your soil conservation district. Assistance is available without regard to race, creed, color, sex, or national origin. May 1977 These New Jersey residents are planting 'Caper American beachgrass to protect their property, ~CAPE'AMERICANBEACHGRASS Sand dunes provide the best protection against damaging coastal storms. But dunes are unstable and must be pro- tected from wind and waves by vegeta- tion. Planting 'Cape' American beachgrass (Ammophila breviligulata) is the most effective way to stabilize dunes and areas of shifting sand in coastal areas from Maine through North Carolina. You can plant 'Cape' either to stabilize existing dunes or to build new dunes. 'Cape' can also be used to stabilize sandy areas inland, such as roadbanks, abandoned gravel pits, and other disturbed areas. 'Cape' is robust and easy to plant and spreads rapidly. It has more leaves and thicker cutms or stems than common American beachgrass. 'Cape' reduces wind velocity near the ground and traps windblown sand. The new sand deposits build the dune and nourish fur- ther plant growth. Shore property unprotected by dunes may be damaged during coa~tat~torms. P~anfing 'Cape' American 13eachgrass Communities or individual landowners interested in stabilizing shore areas can plant 'Cape', Small areas can be planted by hand. Transplanting machines can be used for large areas~ The best time to plant is from October 15 to April 15, except when the ground is frozen. Do not plant 'Cape' in sum- mer. Each plant should consist of three to five healthy culms or stems. Spacing the plants 18 inches apart generally is adequate, This spacing requires about 19,000 plants per acre. In areas where severe winds are ex- pected, spacing plants 12 inches apar~ dives greater protection. Stagger the rows to get maximum erosion control. Maintaining grass cover Areas of 'Cape' must be protected from foot traffic. Otherwise stems are broken and the plants die. Fencing planted areas and walkways through or over dunes is most common. Border shrubs can be used where fences are not prac- tical, Newly planted and established stands respond to fertilizer. Fertilizing in spring with 80 pounds of inorganic nitrogen fertilizer per acre produces large healthy plants, dense growth~ and good dune stabilization. This is the growth produced from a sin~te stem of 'Cope'in4 months, STEP 1: Open a hole 12 to 14 inches deep with a spade, Place three to five stems in ir to a depth of 8 inches. STEP 2: Press next to the plant to firm the sand an~ ~/imin~te air space !n the root zQn~, Fenc/ng protepts staods of 'Cape~ from trampling. Fertilize periodically to in~ure good growth or to revive ~tands. Sou%hold, N.Y. 11971 HENRY E. RAYNOR, Jr.. Cl~airman JAMES WALL, BENNETT ORLOWSKI. ,Ir. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppouge, New York 11787 March 20, 1981 TELEPHONE 765- 1938 Gentlemen: Pursuan% %0 Sec%ion 1333, Article XIII 0f %he Suffolk Coun%y Char%er, %he Souihold TownPlanning Board hereby refers %he followinq nroDosed final pla% to %he Suffolk County Planning Commission: (Map of) (Minor Subdivision) Baxter Properties, Inc. Hamlet Cutchogue Tax Parcel Identifier No. 1000 072 m Material Submit%ed: i p/o 1 Minor Subdivision - Class A(3 copies), x Class B Major Subdivision (3 copies) Preliminary Map (1 copy) ; Topographic Map (1 Drainage Plan (1 copy) ; Street Profiles (! GradZng Plan (1 copy) ; Planning Board Res. Other material (specify and give number of copies) (2 copies). copy).. ; copy)_ ; (1 copy). ; I enclose copy of letter from the attorney for this applicant regarding the requirement of the County for a 100 foot setback. Ms. Wickham will be in touch with your office. Waiver of Subdivision Requirements - See at%ached sheet Comments: c nry u.~/Kaynor,JJr., Cpirman WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (M/nor Subdivision-) Baxter Properties, Inc. Hamlet or Village Cutchogue Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Other (describe) Topographic Map Grading Plan Drainage Plan Lands'cape Plan 1) Minor Subdivision a) b) c) Not required by subdivision regulations x Subdivision of lot on an existing improved filed map Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed b) No new roads and no changes in existing roads proposed c) No major Site clearing and grading proposed d) Other (describe) WICKHAM, WlCKHAM & BRES$LER, P.c. MATTITUCK LONG ISLAND March 4, 1981 Planni~gBoard Town of Southold Town Hall Southold, N.Y. 11971 Re: Baxter Properties - Minor Subdivision Gentlemen: I enclose six maps for the ~inor subdivision of Baxter Properties, Inc. As I indicated at yourmeeting of October 16, 1980, wherein you approved the sketch map, the 100 foot building set back from the bluff renders Lots 3 and 4 virtually unbuil~able. Given the Town of Southold's requirement for a 50 foot front yard setback from the right-of-way, there is a depth of only 10 feet in w~ich to construct a structure on Lot 3, and 25 feet on Lot 4. This is insufficient for a residential dwelling, particularly for the high-quality dwelling likely to be constructed on this type of waterfront property. The hardship is created by the irregular shape of the southeast portion of the property. T~is property has been o~rned by Baxter Properties, Inc., separate and apart from the adjoining property to the South, for over 25 years. We believe that an exception to the 100 foot setback policy is justi- fied as to Lots 3 and 4, and that a setback of 70 feet on Lot 3 and 85 feet on Lot 4 is reasonable. The enclosed maps show that the existing homes on both sides of this property are less than 100 feet from the bluff. At your October 16th meeting, you suggested that I sub~it the maps as they are, with a request for modification of the setback line. I, therefore, request an opportur~ity to meet with the Suffolk County Planning Co~mission at the time they review the subdivisionmaps, so that this problem may be resolved. Please let me k~ow if you have a~y additional requirements. AAW:ab Enclosures Sincerely yours, Legal Notice Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings Will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said town on the 6th day of April, 1981, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Genevieve L. Richards at Arshamomaque in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at an iron Pipe set On the approximate northerly line of the State Road about 150 feet easterly along said line from Mill Creek Channel (said point of beginning being N. 88© ll' 10" W. a distance of 258.84 feet from a pipe set at the southeasterly corner of the premises herein described which pipe is S.~ 66° 01' 40" W. a distance of 539.29 feet from an iron pipe set on the northwesterly line of Main Road' at the southerly or southwesterly Corner of premises heretofore COnveyed by Joseph A. LaColla to Edward Van Cura and wife; and running thence along other land of Joseph A. LaColla N. 5© 17' 00" E. a distance of 237 feet to an iron post at the easterly shore of said Mill Creek Channel; thence northeasterly along said shore a distance of 105 feet, more or less, to an iron post; thence along Other land of Joseph A. LaColla, two COurses, as follows: N. 85© 08' 00" E. a distance of 158 feet to an iron pipe about 2 feet westerly from Light Pole No. 3; thence ~(2) S. 4© 52' 00" E. a distance of 351 feet to an iron pipe'on said approximate line of State Road; thence westerly along said northerly line to the point of BEGINNING, which is N. 88© 11' 10" W. a distance of 258.84 feet from the last described point. Containing 73,000 square feet, more or less. 7:45'p-m- Approval of the minor subdivision of Baxter Properties, Inc. at Cutchogue in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the northerly line of Oregon Road, which point intersects the easterly line of land of Bokina and is located S. 51© 44' 30" W. 28.77 feet from the intersection of the easterly side of Bridge Lane and the northerly side of Oregon Road; running thence from said point of beginning along the northerly side of Oregon Road $. 51° 44' 30" W. 20.15 feet to a monument and other land of Bokina; running thence along said land the following two courses and distances: (1) N. 45© 11' 20" W. 957.84 feet to a monument; thence (2) S. 84© 25' 10" W. 315.89 feet to a monument and land now or formerly of Simchick; running thence along said land the following two courses and distances: (1) S. 51° 23' 30" W. 469.50 feet to a point; thence (2) N. 47© 06' 40" W. 550 feet, more or less, to ordinary high water mark of Long Island Sound; running thence northeasterly along the Ordinary high water mark of Long Island Sound a distance of 815 feet, more or less, to land of Bokina; running thence along said land $. 45© 11' 20" E. 1440 feet, more or less, to a monument and the point or place of BEGINNING. Containing 8.25 acres, more or less. 8:00 p.m. Approval of the minor subdivision of Gertrude Duchow at Peconic in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point approximately 643.95 feet east of Indian Neck Lane as shown on a map for Gertrude Duchow by Roderick Van Tuyl surveyed on June 26, 1973 and from said point thence proceeding N. 69© 29' 40" E. 155 feet to Richmond Creek; thence in a southerly and easterly direction the following two courses and distances along Richmond Creek: S. 68© 06' 30" E. 69.11 feet (2) N. 85© 07' 30" E. 350 feet and thence continuing along the ordinary high water mark of Richmond Creek S. 39© 34' 30" E. 189.97 feet; thence S. 31© 17' E. 140 feet, S. 6© 07' E.' 174.96 feet, thence S. 24© 35' 20" W. 172.56 feet, S. 44© 06' W. 154.61 feet, thence northerly along land now or formerly of Pontino the following two courses and distances, N. 21© 29' 20" W. 577 feet, (2) N. 73© 21' 20" W. 396.80 feet tp the point or place Of beginning. Containing 4.70 acres, more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. March 20, 1981 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN PLEASE PUBLISH ONCE, MARCH 26, 1981 A/~D FORWARD THREE AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies mailed to the following on March 20, 1981: Suffolk Times Mrs. Genevieve L. Richards Abigail Wickham, attorney for Baxter Properties~ Inc. ~harles R. Cuddy, attorney for Gertrude Duchow Supervisor William R. Pell III HENRY E. RAYNOR,$r,.Chairm~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, ~. GEORGE R~C~E LATHAM. Jr. TO ,D $ Southold, N.Y. 11971 October 22, 1980 TELEPHONE 765- 1938 Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: The following action was taken by the Southo!d Town Planning Board at a regular meeting held October 16, 1980. RESOLVED to approve the sketch map of the minor subdivision of Baxter Properties, Inc. located at Cutchogue, said map dated S~ptember 26, 1980. I will forward the required maps to the county upon receipt of same from you. It will be necessary to have six maps. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary HENRY E. RAYNOR, Jr.. Cl~airmsn FREDERICK E. GORDON .lAMES WALL BENNETT ORLOWSKI, .Ir. GEORGE RITCHIE LATHAM, .Ir. Southold, N.Y. 11971 July 11, 1980 TELEPHONE ?65- 1938 Ms. Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: The sketch map of the minor subdivision of Baxter Properties, Inc. was reviewed at the regular meeting of the Planrdng Board held June 30, 1980. The Planning Board will require that the bluff line be shown with 100 foot setback line from the bluff. The 25 foot right-of-way is to have a notation that it will be turned over to the town for a town highway at such time as the parcels to the south are divided. The developer is to be asked for corrected maps. Upon receipt of. same I will schedule this matter for board action. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary WICKHAM, WICKHAI~I & BRE$$LER, ~.c. NEW YORK 11952 516-298-8353 May 3, 1980 Planning Board Town of Southold Town Hall Southold, N.Y. 11971 Re: Baxter Properties - Minor Subdivision - Permit Gentlemen: Enclosed is a copy received from the New York State Dept. of Environmental Conservation for the creation of the subdivision. I would appreciate it if you could put this matter on your current agenda so we rm%y proceed to sketch plan approval. Sincerely yours, Abigail A. Wickham AAW: ab Enclosure PERMIT ISSUED TO NEW yOPdC STATE DEPARTMENT OF ENVIRONMENT41ijiONSERVATION PERMIT TW 15273-0123 UNDER THE ENVIRON~NTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ~ ARTICLE 2S, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ~L_I ARTICLE 36, (Construction ia Flood Hazard Areas) Baxter Properties ADDRESS OF PERMI~E.E Main Road, Mattituck, New York 11952 LOCATION OF PROJECT (Section of stream, tidal ~tland, dan building) LonK Island Sound DESCRiPTiON OF PROJECT CreaCe a four lot subdivision on an 8.4 acre oarcel, each lot: to be great:er than in size. A~¥ str~ctures down face of Project site is on north side of Ore,on Road at intersection %rtth BridEe Lane. COMMUNI~ NAME(City, Town, Village) ITOWN Cutcho~ue Southold COUNTY FIA COMMUNITY NO. DAM NO. Suffolk { GEN£RAL CONDITIONS 1. The permittee shall file in the office of the aPProl~'iate ReRiorml Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencemenl and shall also notify him prompUy in writin'R of the completion of the work. 2. The permitted work shall be sL~bject to inspection by an aulhoriznd representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon. sibility for alt damages, direct or indirect, of whatever nature, anti, by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damaRes and costs of every name and description resulting from the said project. ~ 4. Any material dredged in the prosecution of the work herein permitted shaU be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. $. Any material to be deposited or dumped under this permit, either in the waterway or on shore abov~ hiRh-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall he no unreasonable interference with navigation by the w6rk herein authorized. 7. That if future operations by the State of New York require an alteration in Ihe position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanRer the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Deport- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompJeted structure or fill and restore to its former condition the navigable and tided capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 95-20~ (9/75) PERMIT EXPIRATION OAT~ -- 6/30/81 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may he caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearthR to continue, rescind or modify this permit in such a manner as may he found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Coflsereation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. ~o claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in rea[ or personal properly held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 3~, 1his permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part S00 of 6 NYCRR (Construction in Flood Hain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will he free from flooding. 15. 8y acceptance of this permit the permittee agrees that the permit is continReflt upon strict compliance with the special conditions on the reverse side. (SEE REVERSE SIDE) SPECIAL CONDITIONS 16. 17. Applicant shall be liable for any damage to adJeceut waterway resulting from any phase of the permitted construction. ~, . , We reserve the ~ight to comment at a later date concerning other environmental aspects of this project. 18. The granting of this permit does not relieve the permittee of the responsibility of obtaining any permits, licenses, or other authorization which may be ~equired by other State, Federal or local agencies. PERMIT ADMINISTRATOR ~' - t ~'-, ADDRESS 4/24/80 Daniel J a I . .L r~n. ~ ~." ~ldg. &O~ s~ 8to~_y Brook, ~ 11794 cc: U.S. ~y Co~s ~SDEC Law Emforc~emt -: Region I PERMIT SIGN No. 15273-0123 has been issued to: address: for: ~'~' ~ s~ructures ao~ ~ac~ of D~U~Z or ~ .8.4 acT~ parcel, ~ach lot ~o be ~eat~ ~han one ac~e in size. s~ m~se WZAA neec subsequent approv~As, yro0ect site ms on north o~ Oregon Road at intersection ~h Bridge Lane. under the Environmental Conservation Law, Article 15, (Protection of Water) Article 24, (Freshwater Wetlands) Article 25, (Tidal Wetlands) New York State · Department of Environmental Conservation Article 36, (Construction in Flood Hazard Areasl.. Permit Administrator Expiration Date 95.20.1 (9/75) Formerly EA-93 4/24/80 Date Issued 6/3o/8z Southold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. ,Ir. GEORGE RITCHIE LATHAM. Jr. NEGATIVE DECLARATION February 25, 1980 TELEPHONE 765- 1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental 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 the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Baxter Properties, Inc. is a four-lot residential subdivision of 8-1/2 acres located at Cutchogue.~ The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Department of Environmental Conservation has voiced no objection although it has indicated that a permit may be required. The Suffolk County Department of Health Services has indicated that a precursory review of the subdivision indicates conditions are suitable for individual sewage disposal systems and water supply facilities. The project will meet all requirements of the Code of the Town of Southold Subdivision of Land regulations. Further information can be obtained by contacting Ms. Muriel Tolman, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies to Robert Flacke - Commissioner DEC, DEC at Stony Brook, Suffolk Co. Dept. of Health Services, Suffolk County Planning Department~ Building Dept. Supervisor Pell, Bulletin Board ' COUNTY OF' SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER January 24, 1980 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Re: Subdivision of Baxter Properties Cutchogue Dear Mr. Raj, nor: We are in receipt of your letter dated January 10, 1980. This Department has no objection to your designation as lead agency. A precursory review of the above referenced subdivision indicates con- ditions are suitable for individual sewage disposal systems and water sup- ply facilities. Very truly yours, RRR:cah cc: Mr. Roy Haje, NYSDEC Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services NEL' YOPJ[ ST~fE DEPARTiW~:T OF Ei~V~qC~NTAL COI!SERVATION =ld~. 40, SU~IY -- ~ioo[~ 223 Stony Bro~k, Mew York 11794 (516) 751-7~00 January 16, 1980 Abigail Wickham Main Rd. Mattituck, N. Y. 11952 Dear MS. Wickham, For: Wm. J. Baxter, Jr. Re: Southold Planning Board Notice for proposed subdivision property of Baxter properties, Inc. Om the basis of the information presented in the above-referenced Notice it appears that a permit will be required from the New York State Department of Environmental Conservation Law, Article 25, for the work proposed therein. I have enclosed an application form (directio~mon back), a ques- tionnaire and an Environmental Assessment Form for preparation of a pe- tition for permit. DJL:cg Enclosures Sincerely yours, DANIEL J. --uARKIN Local Tidal Wetlands Permit Administrator Southold Town Planning Board p/ HENRY E. RAYNOR. Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM. Jr. $outhold, N.Y. 11971 D LD January 10, 1980 TELEPHONE 765- 1938 Mr. Roy Haje Environmental Analysis Unit DEC, Building 40, SUNY, Room 219 Stony Brook, New York 11790 Dear Mr. Haje: Enclosed find completed short Environmental Assessment Form and copy of map of the subdivision of property of Baxter Properties, Inc. located at Cutchogue, New York. This project is unlisted. Other agencies may be involved but the optional coordinated procedures for designating lead agency and determining significance will not be followed. The Southold Town Planning Board wishes lead agency status (SEQRA). May we have your views on this matter. Written comments will be received at this office until January 25, 1980. We shall interpret lack of response to mean there is no objection by your agency. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Enclosures Copy to Suffolk County Planning Commission Suffolk County Dept. of Health Services Secretary WICKHANI~ WICKHANI & BRE:SSLER, ~.c. November 26, 1979 Planning Board Town of Southold Town Hall Southold, N.Y. 11971 Re: Baxter Properties, Inc. with Raeburn & Murphy Gentlemen: I am in the process of preparing an application for a minor sub- division of the Baxter Properties, Inc., parcel of 8.25 acres on Long Island Sound. I enclose a copy of the sketCh plan for your review. In the meantime, I have been asked by the attorney for Ms. Raeburn and Mary Elizabeth Murphy to prepare a right-of-way agreement providing access to their 3 lots on Long Island Sound over the 20 ft. strip of land owned by Mr. Baxter. ~ enclose a marked copy of their minor sub- division map showing the proposal. Before signing a formal right-of-way agreement, Mr. Baxter would like to be assured that the granting of this right-of-way for the benefit of the 3 lots over his 20 ft. strip will not impair the minor subdivision of his property as contemplated by the sketch plan. I understand that Raeburn and Murphy or their purchasers intend to construct a 15 ft. roadway in accordance with the Board of Appeals' requirements for access. Your advise on this matter would be greatly appreciated. Sincerely yours, Enclosures WICKHAM~ WICKHAM & BRESSLER, ~.c. November 20, 1979 Planning Board Town of Southold Town Hall Southold, N.Y. 11971 Re: Minor Subdivision for Baxter Properties, Inc. Gentlemen: In connection with our application for a minor subdivision, the following: 1) Application for approval of Plat in duplicate. 2) Six (6) copies of sketch plan containing required information. 3) Copy of proposed covenants and restrictions. 4) Check to your order in the sum of $40.00 representing fee for four (4) lots. 6) Short Environmental Assessment form. Please schedule this matter for review of the sketch plan at your earliest available meeting date. I will be happy to supply any additional information you require prior to the time of the meeting. Sincerely yours, Abigail A. Wickham Enclosures enclose 5) Legal description of property. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Towu Planning Board, and represents and states as foiJows: 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 applicat~n.) 2. The name of the subdivision is to be . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber .... 39~ ............... Page . Liber ........................ Page ...................... On .......... .: ............. ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distrlbutee ........................................................................ 5. The area of the land is .... ~.25 ....... acres, plus or minus. 6. Ail taxes ~vhlch are liens on the land at thc date hereof have been pald~4~l~k .......... 7. The land is encumbered by . ~..No ..... 3: ................................................. mortgage (s) ~ (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 .... .~ .~... 7.. ....: ..................................... (c) Mortgage recorded in Liber ............ Page .................... in original amounl of $ ................ unpaid amount $ ................ held by ........................... ........ .................. address .................................... ~ ................ : 8. There are no other encumbrances or liens against the land~:~el~tr ........................ 9. The land lies in the following zoning use districts A .=.Ro_.siden.tial. AgricuJ. tural .... 10. No part of the land lies under water whether tide water, stream, pond ~vater or otherWise, ~ . ..The. mr.o .~.r..ty..~¢jg.i.n.~. IO. rig..zn~.~ .~9.~..4.9~..e&~. ~.o.~... ................... 11. The applicant shall at his expense install all required public improvements. 12. The landi (~l*lg) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................... ; .............. 13. Water mains will be lald by ..... I~../.A. ..................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards xvill be installed by . ~applicamt ............................ .................................... and (~,~ (no) charge will be made for installing said lines. 15. Gas mains ~vill be installed by . ...N./.A. ........................... .......................... and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. if streets ih0Wn On the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" heretb to Show same.~ 18. There are no existing buildings or structnres on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots' showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a license6 surety company unless otherwise shown on Schedule "F". Baxter Pro.p.e,.ties, I~l~.... /"" . . DATE .............................. , 19 .... Byl ~/~/~//$ .~,r...[, 4'-'. ~ .... // ...................... (Signature ht~ Title) W~l~.am .J. Baxter, Jr. {/ President .4...W.i.n.d.r. 9.sg..W..ay,..M. 9.a.d' .P. 9 .i.n.t.,...G.r.e.e.n..w.i.c.h. ,...Corm. (Address) STATE OF NEW YORK, COUNTY OF ................................... ss: On the .................. day of ......................... , 19 ....... before me personally came ............................................ to me known to be the individual described in and: executed the foregoing instrument, and ackno~vledged that .............. executed the same. Notary Public STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the .... .2.2.n..d. ......... day ............ of .~.a..~.c.h. ....19.7.9. .... before me personally came .... ~qiJ, lJ, ant .J.. Baxter.,..Jr ................... to me known, who being by me duly sworn did de- pose and say that..h~ ....... resides at No. .4. tqindrase. WalG. Mead. P~int,..Greenwick,..Conn. ................................................ that ............... h..e ......... is the P.r..e.s.i.d.e..n.t of BAXTER PROPERTIES, INC. the corporation described in and which executed the foregoing instrument; that ..... h~ ..... knoxvs the seal of said corporation; that the seal aff'.med by order of the 'board of directors of said corpor- ation, and that ....... 33~.. signed ...h.$..s ...... name thereto by like order. A~IGAI[ A. WICKHAM Notary Public, State of New York No. 52-45~2871 Qualified ia S d;olk C, ounty APPLICATION I~OR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Towu Planning Board, and represents and states as [oilows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .~l.i~q~:. 3. The entire land under application is described in Schedule "A' hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber .... 39.7~ ............... Page , .263. ................ On . Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distrlbutee ........................................................................ 5. The area of the land is .... B..25 ....... acres, plus or minus. 6. All taxes which are liens on the land at the date hereof have been paid~tl~k .......... 7.The land is encumbered by ....No ........................................................ mortgage (s) (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 of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8. There are no other encumbrances or liens against the landz~me~ ........................ 9. The land lies in the following zoni~ag use districts A .-:. Rasi~e~tial. Agricn~ural .... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, oz~t ...Tke..p.r.op.e. rA:y..e3d, j g.i.n.~. ,tO. rig..~a%~.4 .$0P;a.4..o;~..~;%e..N.o.;V,4%. ................... 11. The applicant shall at his expense install all required public improvements. 12. The land~ (~m;) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be laid by ..... N.g'.A. ..................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . ~ap~licant ............................ and (~j~ (no) charge will be made for installing said lines. 15. Gas mains will be installed by ...~[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 Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant ;vill offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule 'E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a license~ surety company unless otherwise shoxvn on Schedule "F'. DATE ............................... 19 .... (Signature %t~ Title) Wffliam J. Baxter, Jr. ~ I~resident 4 Windrose Way, Mead Point, Greenwich~ Conn. (Address) STATE OF NEW YORK, COUNTY OF ................................... ss: On the .................. day of ........................ , 19 ....... before me personally came ............................................ to me known to be the individual described in and whr, executed the foregoing instrument, and acknowledged that .............. executed the same. Notary ........ ~'~1:~ .................................. STATE OF NEW YORK, COUNTY OF . .s..~?'.0..I~. ........................ ss: On the .... .2.2.n..d ......... day · · · 5 ........ of .~.a.r..c.h. .... 19.7.9. ....before me personally came .... ~i,l.liara..,7.. Baxi;er.,..Jr ................... to me known, who being by me duly sworn did de- pose and say that . .ha ....... resides at No...4. Nindr~se. Way,. Mead. Pnint,..Greenwick,..Conn. ................................................ that ............... h..e~ ........ is the P.r..e.s.i.d.e..n.t ........... of BAXTER PROPERTIES, INC. the corporation described in and which executed the foregoing instrument; that ..... h~ ..... knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ....... Ja~.. signed ...h.(L~. ..... name thereto by like order. Notary Pul~lic ABIGAI[~ A. WICKHAM Notary Public, State of New York No. 52-4642871 (}ualified ia S'h~olk County ~[srRt Expires M,~rch 30, 19 ':2 .Ore,= = ,~= COVENANTS & RESTRICTIONS MINOR SUBDIVISION FOR BAXTER PROPERTIES, INC. CUTCHOGUE, N.Y. Said premises shall be subject to the following covenants and restrictions, which will run with the land: 1. The premises shall be used only for one single-family residence per lot. The dwelling shall not exceed two-stories in height, with an attached garage for not more than two automobiles. A two-story dwelling shall contain a first-floor area of not less than 1,000 square feet and a one-story dwelling shall contain a floor area of not less than 1,500 square feet, (excluding attached garage). 2. No dwelling or structure may be erected or modified without the prior written approval of the site location and building plans and peclflcatlons by the party of the first part. 3. No mobile type home or trailer shall be kept, used, or allowed on said premises with the exception of a boat trailer, which shall be stored near the rear boundary. 4. No animals, livestock or poultry of any kind shall be main- tained on the premises, except domestic animals, which shall be housed in the dwelling. 5. These convenants and restrictions will remain in force and effect until January 1, 1990, and may be enforced by an action and damages, an injunction or both. 6. The party of the first part, its successors or assigns reserves the right to alter, modify, extend, terminate or annul any of these covenants, in whole or in part, by agreement with the owner of the premises. 7. No lot shall be further subdivided. 8. No dwelling or structure shall be allowed within 100 feet from the top of the bluff. DESCRIPTION MINOR SUBDIVISION FOR BAXTER PROPERTIES, INC. CUTCHOGUE, N.Y. 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 monument on the northerly line of Oregon Road, which point intersects the easterly line of land of Bokina and is located South 51° 44' 30" West 28.77 feet from the intersection of the easterly side of Bridge Lane and the northerly side of Oregon Road; running thence from said point of beginning along the northerly side of Oregon Road South 51° 44' 3~' West 20.15 feet to a monument and other land of Bokina; running thence along said land the following two courses and distances: (1) North 45, 11' 20" West, 957.84 feet to a monument; thence (2) South 84° 25' 10" West 315.89 feet to a monument and land now or foxmerly of Simchick; running thence along said land the following two courses and distances: (1) South 51~ 23' 30" West, 469.50 feet to a point; thence (2) North 47" 06' 40" West, 550 feet more or less to ordinary high water mark of Long Island Sound; running thence northeasterly along the ordinary high water mark of Long Island Sound a distance of 815 feet more or less to land of Bokina; running thence along said land South 45" 11' 20" East 1440 feet more or less to a monument and the point or place of beginning. THIS INDENTURE, made the 1st day of July, nine- teen h, mared and fifty'five, between SIDNEY Bo SILLECK and' MAUDE B. SILLECK, his wife, both residing at 325 Worth Stre~ p~lm Beach, Florida, 'parties of the first part, and BAXTER PROPERTIES, INC., a New York corporation, having its princi pal office at , Outchogue, [~ew' York, party of. the ,second Part, WITNESSETH' 'that the parties of the first part, consideration of ten dollars and other valuable consideratic Raid by the party of the second part, do hereby grant and r~ lease unto the party of the second part, its successors and assigns forever, : ~.,. ' 'i PARCEL A ..... ~ th~ Certain ~lot, piece or parcel Of lan~l situate, lying and being at Cutchogue, in the To~n of Southold, County of Suffolk and State of New York more particularly bounded and described as follows: BEGINNING at a Point, marked with an iron pipe, oni~the northerI~ line of Oregon (North) Road, which point intersects the easterly line of land heretofore conveyed as Parcel 1 a~ bY deed of James Franklin Burke aud Others to I sidore'Krupski'and Hedwig Krupskl; his wife-dated February 16' 1943 and recorded in Suf- folk County Clerk~ s Off~ce on March 19, 1943 in~ LibOr 2277 oI'~Conveyances~ page 368; running thence North 45 degrees 11 minutes 20 seconds West and along said last mentioned land. a distance of 957,84 feet to a pot~t; ~mn~ug'thence South 84 degrees. 25 minutes 10 seconds West, still along, said mentioned land, ' a dis- tsz~ce of 315.89 feet to a stone monument marking the northeasterly line of land now or formerly of Wesley Simcik; thence running South 51 degrees 23 minutes 30 seconds West, along said last mentioned land, a dis- tapco of 509.4~ feet to a corner of land now or former3 of Wesley Simcik; running thence North 47 degrees 06 minutes 40 seconds West, still along land now or for- merly of Wesley Simcik, a distance of 560 feet to the line of ordinary highwater mark of Long Island Sound; r~mming thence on a course North 70 degrees 08 minutes O0 seconds East measuring 871..99 feet, along the ordinary h~ghwater mark of Long Island Sound to land now or formerly of ~incent ~okina; running thence South 45 degrees 11 minutes 20 seconds East and along said last mentioned land a distance of 1406.79 feet to the northerly line of Oregon (Nort~ Road, at the northerly extremity of ~ridge Lane, and thence run- ning South 51' degrees 44 minutes 30 seconds West, along the northerly line of Oregon (North) Road a distance of 20i15 feet to the point or place of beginning. PARCEL ~ 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: ~EGI~NING at a point ~6 a monument set in the northerly line of Oregon (North) Road, which point -.: is intersected by the easterly line of land now or TOWN OF SOUTHOLD SHORT ENVIRONb[ENTAL ASSESSMENT FOR~ -- ._- 2. W~ ~here be a ~30r c~n~e to =n~ ,=!~us o= X ' ~u~ ~ fa~ fa~ o= an e~u~,~ bcdI of wa=st? .......... , !es ~ ~o .. ' ~i~= or a~=~: species? . a~ ~u~i~? ............ ~as -- No ~'2, Wf1~ ..=rojec= r=~,~-.=_~aZt. cause ob~ecu!c~hle-:dots, noise,~-='~s, ~a~=ion~ cr almcuric~ ~!--=-*. X !3. ?;~1' prcJec= ~v~ ~-7 ~acu cn =ubli= k~uh ar X i. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. 2. No residential structure shall be constructed within 100 feet of the top edgei of the bluff for lots 1 and 2, ?0 feet for i lot 3 and 85 feet for lot 4. 3. The approval of the subdivision shall b~ made subject to the meeting of all standard~ and requirements of the Suffolk County Department of Health Services. 4. No stormwater runoff resulting fr~m the~ development and improvement of the lots or~ the subdivision shall b~ discharged down ~ the face of the bluff in any mannor. 5. No grading shall be permitte~ within 50 feet of the top edge of the bluff except that may be necessary to control or remedy erosion or to prevent stormwater from £1owd~ over the edge of the bluff. 6. Clearing and cutting of vegetation withi 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. 7. Access to the be~ch shall be by means o£ a suitable structure designed and construc~ in a manner that will result in the least disturbance of the stability of the bluff. 8. Access to the ~each shall be restricted to ~ sizable access structure for each pair of lots located on or near the co~aon property line between the pair of lots. 9. No lot ~my b~ :~ubcivided or changed in ~my man~er ur~less authorized by the Tow? P1 an.u in~ Board. 10. The recordinx~ in %be office of the Clerk prior to th,~ si~fnini~ of vre map of subdivision of ccvenamts an restrictl~r:: concernin~ t)~e above restrictions ~lon~~ w~. notification to make a furze property aware theft the house is not set back t~e ~eet on lots ~ ~nn ~ ann t~ere co~ be erosion ?roblem in ~he fu~e. IIOSS~D S~,~ SH^U. HOT N CONS~ S, ~NC. WICKHAM, WICI~HAM & BRESSLER, ~'.C. MAIN ROAD~ P.O. 90X 142~ MATTITUCK LONG iSLAND May 27, 1981 Southold Town Planning Board Town of Southold Town Hall Southold, New York 11971 Baxter Properties, Inc. - Minor Subdivision Enclosed are proposed covenants and restrictions for Baxter Properties, Inc. Please let me know if they are satisfactnzy, particularly No. 11. Abigail A. wickham A~4:kd Enc. FA~E- TO BE VEO~TAT£D '[hPE' tqM£RICAN BEA£1tORh55 q,.~ ~ BLUFF TOE TIDE' LOT q,~?AXT£R ?/fO?ERTI£5. Mt~I'TXTL)£K, At.Y. Ho T TO_. S£AL~.F 5UFI~OLt~ £DUNTY ,2 L_ON~ ibll t',lo~. ~OtVISlON C u'rt:~ 'l-OWN · 'L / APPROVED BY PLANNING BOAP-D \ ~¥' : / I "A ~ASEME~T' JWA~ OF /--~VD,~ Cu-rcHo~UF 'to ~VN OF ~OUTHOL D ,~um'~o, K COUNT'/, N. ~ O~r~'o reV. VA~ TU~'L ~.