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HomeMy WebLinkAbout1000-108.-4-9FINISHED ~RAD~ TYPICAL SEWAGE DISPOSAL SYSTEM GROUND WATER TYPICAL WELL DETAIL PROPERTY LiNE ROAD TYPICAL PLOT PLAN THE WATER SUPPLY a SEWAGE DISPOSAL FACILITIES POS ALL LOTS N THE DEVELOPMENT SHALL COMPLY WITH THE STANDARDS ANOREQUIREMENTS OP THE SUFFOLK COUNTY DEPARTMENT OF HEALTH AT THE TIME OF CONSTRUCTION "OWARO W. You~, ~Y.s/L.s. L,C, NO, 4SS63 "I HERESY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED SEPT, I, 19SE AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED BY OATE THE LOT LINES OF SUBDIVISION MAPS AS FILED, DANNOT BE ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND LOTS MUST BE SOLD AB SHOWN ON THE SUBDIVISION MAR TEST HOLE ® soAS6 N.85° ® \007 MAIN s-~oe'~ NOTE I. THERE SHALL NOT 6E ANY VEHICULAR INGRESS AND EGRESS ON MAIN ROAD FOR LOT I OTHER THAN THAT WHICH EXISTS. 2 A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK*S OFFICE IN LIBER 10952 CP 177. NOTE: I.SUFFOLK COUNTY TAX MAP E.TOPDSRAPHY ~OWN HEREON IS FROM "TOPOSRAPHIC MAP - 5 EASTERN TOWNS" PREPARED FOR THE SUFFOLK COUNTY DEPT OF PUBLIC WORKS. 3.TOTAL AREA -- 4.[617 AC 4. ZONING USE DISTRICT ~ LB (LIMITED BUSINESS) co~O' e'~-OC'~' B~eG' R CA D 25¸ OWNE{ WILLIAM J, BAXTER~dR.~ ET AL MA~N RD., P.O. BOX 1424 M~iTFTITUCK, N.Y. 11gEE SCALE: I"= eeo~ MAP OF ALTERATION SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICING Hauppauge, NEW York 14~1~ This is to certify that t~ pco~ afr~e~ents ~G wat~ su~ly w~e appr~ed on the a~ve date. These facilities must conform to appr~al shall be valid onl~ in the event said subdtviston/devel. o~me~ plan is d~iy filed with t~ Co~ty Clerk within 6 months of this ~te. ~onsent ~s hereby ~n for the filth8 of this map on which this e~o~ment ap~am accordance with ~ovisions of the P~ Dlic Health Law end the Suffolk County Sanit~ ' ~Gr, D~visi~ Of Emimnmenml OF BOUNDARY LINES PREPARED FOR WILLIAM J. BAXTER, JR. 8 ET AL AT MATTITUCK TOWN OF SOUTHOLD ~,'~,~' ~ 2 IIggO SUFFOLK COUNTY , N.Y. OCT. 25d989 SEPT 2S, 1989 400 OSTRANDER AVENUE, RIVERHEAD, N.Y. ALDEN W; YOUNG. N,Y.E, P,E, S L,S, LID, NO. 12S45 HOWARD W, YOUNG, N,Y,S. L.G. LID, NO, 45893 THOMAS C. WOLPERT, N,Y,E, P,E, LIC, NO, 61489 50229 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PL~N~G BOARD OFFICE TO~ OF SOUTHOLD November 21, 1989 Karen Hagen Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: William j. Baxter, Jr. et. al. SCTM ~1000-108-4-9,10 &ll Dear Mrs. Hagen: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. WHEREAS, William J. Baxter, Jr., et. al., are the owners of the property known as William j. Baxter, Jr. et al., lot line change, located on the northwest corner of Main Road and Elijah's Lane at Mattituck; and WHEREAS, a formal application for the approval of this subdivision was submitted on December 2, 1988; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6NYCRR, declared itself Lead Agent and issued a' Negative Declaration on September 11, 1989; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on October 16, 1989 at 8:15 p.m.; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated June 22, 1989, subject to fulfillment of the following conditions within six (6) months of the date of this resolution: Receipt of two mylars and five paper prints stamped with current Health Department approval. Please submit the above mentioned maps. Upon receipt, the maps will be endorsed by the Chairman. If you have any other questions, please do not hesitate to contact this office. cc: Building Department Assessor's Office TOWN CLERK -rows or SOUTnOLD ~Uffolk County. New York 516 - 765-1~01 RECEIVED OF ~ .... - Jndith T. Terry, Town Clerk LOT LINE CHANGE Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of Lot Line -with conditions Endorsement of Lot Line ('/ AIIIN~41X C SHORT ENVIRONMENTAL ASSESSMENT FORM r~ UNLISTED AC'rJO#S Only PART I--PROJECT INFORMATION i?o be ~ t~y Aoolicint or Project apoflso0 ~ ~/_/~ Baxter Villim Baxter. Jr. _ ~---~-, Suffolk .............. corner of Hain Road & Elijah~s Lane, Hattit,,ck Applicant seeks to chao9e the lot lines of three (3) lots resu]t;ng in i:hree lots havin9 more uniform size and shape, with areas of 77,312 square feet, square Feet, and 85,927 square ~eet. 6. ~ ~ ~ C~IPt, Y WITH ~(~8TING ZONING O~ o~Lq Y... but r..lr....c,~,, exes:ti. ~ Pretty In vicinity Is ~ ~TA~ O~ ~ DY# I ~.RT,drf THAT ~H~ INFORMATION PR0~OEO AI~OV~ I~ 'I~UG TO THE ~.aT O~ MY KNOV~'F'DGE N~#c~,,..~.or ~/ VILLI~ B~TE~JR. ~m ~ I[ ~stol ~t F~ ~M ~ ~th this OV~ 1 (Cont£nued on reverse side) APPLICATION I~OR APPROVAL OF PLAT To the Planning Board of the Town of Southold: /o ,~//he ~A,*~. The undersigned applicant hereby applies for (tentative) (fl.~al} approval ora ~,~d:.-'~i~,. pl~: · cc~dance with A~icle 16 of the Toxvn ~w and the Rules and Re.la'ions of the Southold To Planning Board, and represen~ and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not; owner of record of the land under application, the applicant shall state his interest in : land under application.) - lot .lin. e chan~e 2. The name of the/~,,bdhrislen is to-be . Lc~[..L.i. 0~..C.h.a..n 9.e. .f..o.r..W.[ !.].i.a..m..J.:..B.a.x.t.e..r :...J. Et al 3. The_e~ntirehnd under application is described in Schedule "A" hereto annexed. (Copy o~'dc suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Count)' Clerk's office Liher...4~.8.0...... . Page 50.7 On May 2 , 1961 Lib,e,. 6920 131 April 26, 1971 ........................ Page .................. On Liber Page On ~ Liber P 0 ........................ age ...................... n ........................ as devised under the Last Will and Testament of ........................... ' distributee "' ~. Th,: are~ o{ the land is 4.1617 acres. 6. All taxes which are liens on the land at the date. hereof have been paicL-.ek, t. ept ........... 7. Tlie land is encumbered by .......... ~o ......................... .............. mortL'age (s) as follows: (a) l~ortgage recorded in Liber .............. Page .................. in orig hal amou of ,~; ............... unpaid amount $ ........ ' ............ hehl by .................... ~.ddress· - (b) Mortgage recorded in Liber ......... Pa~e ....................... in original amou, of ................ unpaid amount $ .............. ~.. ........ held by- ............. ; ....... address ' : ' (c) Mortgage recorded in Liber .............. Page ................ in original arno, of .............. unpaid amount $ ...................... held by ................ ~., ...................... address ....................................................... 8. There arc no other encumbrances or liens against the land. :::::7-: ..................... 9. The land lies in the following .zoning nsc districts . .'~C.'.'..L.i.§.h.~..I.g.d.~.s.t...r.i.a.I ........... 10..'No _p_ar? .of ~he land lies under water whether tide water, stream, pond xvater or otherwise, 11. 12. 13. 14. 15. 16. 17. 18. 19. 21. Th~"appllcant shall at his expense install all required public improvements. The land ~ (does not)lle in a Water District or Water Supply District. '.Name of D trict, if within a Districi, Is ...................................................... Water mains will be laid by N/A and (~) (no) charge will be made for installiug said inains. Electric lines and standards will be installed by .. N/A ' ..................................... and (al (no) charge will be made for installing line:~L ' Gas mains )viii be installed by ..... N.../.fi. ................................ and (al (no) charge will be made for installing said mains. If streets shoxvn on the plat are claimed by tile npplicant to be existing public streets in t Suffolk County lIighway system, annex Schedule "I3" hereto, to show same. If streets shown on tile plat are claimed by tile applicant to be existing' public streets ~n5 t Tox~'n of Southold llighway system, anuex Schedule "C" hereto to show same. Route is maintained by NYS; Elijah's Lane is maintained by Southold Town. The~re are no existing buildings or structures ou tile laud which are not located and sho on t!he plat. .. dlvi:fion malls hereto/ore filed, there are no reserve strips at tile end o~ the streets on s; exisling maps at their en,jtmctions with the proposed streets. '--.. In tile course of these pr()cec(li.gs, the :q)plica,,t will ()//er i)rooi of.tltlc as required by ~ 335 of tile lC. cai Propert.9 f.aw. ' Submit .a copy nf pi'opo'scd deed for lots -~howing all re'strictions, cnvenants, 'crc..Ann S/:hcdule "D". . 22. The applicant estimates tidal the cost of grading and required public improvements will $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity o Performance Bond be fixed at .............. years. The performance Bond will be xvritte a licensed surety company unless otherwise shown on Schedule DATE ..... ~4o.~ m b~.r. ........... Wi 1 iam J.. Bp.x.t..er.,..J..r.- ............. ............ (Signature and Title) (/ 1030 East Putnam Ave., Greenwich; ...... ......Ut':' ' b'¢~O ................... (Address) cOUNTY' . .........ss: NEW ............... sTATE O~' YORK. OF SUFFOLK ...... ?...r~. ,l 1988 .... before me personall ~ day of... flovember -.. On the ................ VI[ 1.1 i ar~. ,L,.f3~xtcr~-.dc ,..'.. ~ ..... to me known to be the indMdual described in a ........ he executed the foregoing instrument, and acknowledged that ............ executed the same. ......... l$~txz~c~ 4- :.{. '" "' Notary Public ~ STATE: OF NEW YORK. cOUNTY OF ........... ' ................. ss: On the ............. day ............ of ............ 19 ....... beiore me per:;onat ...................... to me known, who being by me duly swum p,se and sa)' that ............ resides at No ............................................. .............. is the ,. that ............ the r.rporadon ,lescribcd in and which executed the 'foregoing instmm,cnt: that .......... lilt' ~ea o~ ~aid carp.ration; timt thc seal affixed by order .i thc hoard .i dircctor~ of-s~id co aml zhat ............ ~igncd .............. name thereto by like order. Nbt~ry Pnblic - ~ DISTRICT 1000 SECTION 108.000 BLOCK 04.00 LOT 009.000 010.000 011.000 DECLARATIONS OF COVENANT AND RESTRICTIONS EECLARA'I?ION made this 1989, by William j. Baxter, Doeller, Jr., and Jane P. Putnam Avenue,. Greenwich ~s the "Declarant.%.; ~ day of October, Jr., Patricia Baxter, Robert A. Goeller, residing at 1030 E. Ct., 06830, hereinafter referred to WHEREAS, the Declarants are the owner in fee ~imple of a certain parcel of land situate at Mattituck, Pown of Southold, County of Suffolk and State of New York, being the premises described in deeds recorded in the Suffolk County Clerk's Office on May 2, 1961 in Liber 4980 cp 507, April 26, 1971 in Liber 6920 cp 131, and October 14, 1969 in Liber 6639 cp 536, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". NOW, THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, ~ovenants and restrictions hereinafter set forth, and that ~very purchaser of said premises or any portion thereof, by 5he acceptance of a deed thereto, covenants and agrees that 5he premises so purchased shall be held subject to the ~ovenants, conditions and restrictions hereinafter set ~orth. ----~-~-~2. No lot line shall be changed in any manner at any future date unless authorized by the Southold :"TOwn Planning BOard. A_~RT~. Neither of the lots shall be further ~'Subdivided. AR~T_'~% There Shall not be any Vehicular gress and e~'ress on Main Road for Lot 1 Other than that ~hich exists. ~__~T/(~ No driveway or entrance road on lijah,s Lane Shall be located Within fifty (50) feet of the ~rly end of the Short radius CUrve COnnecting the fly Side of Main Road With the WeSterly side of 's Lane. ART~_~/CLE_~V.. Ail Stormwater runoff resulting from :he development and imPrOVement of this subdivision or any )f its lots Shal/ be retained on the Site by adequate ge Structures so that it Will not flow out Onto the Of-way of Main Road. ~V_~_I.. All PrOspective owners of lots Within :his SUbdivision shall be advised that this SUbdivision is -Ocated Within one mile of Mattituck Airport and, therefore, be subjected to noise emanating from the facility and aircraft flyin~ I OVerhead or nearby. I/ ~-~/-~i These COVenants and restrictions Can be modified Only at the request of the then owner of the Dremises with the approval of a majority Plus one of the Planning BOard of the Town of Southold after a Public A~jo:.ning%)roperty owners shall be e~(-&led to learing. otice of s.~ch public hearing but their consent to such odification shall n)t be required. IN W][TNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the Iday and year first above written· ' WILLIAM J~AXT R, · STATE OF f~-- ) ) COUNTY OF?~/,!,~ ) ~/RbB~I~T~ A. GOELLE~R, JR. On the /'~r da:F of ~7~ , 1989, before me ~-.z~ersona~'~ came ~3, u-/~43~ to me known to be the individual describe~ in and who executed the foregoing instrument, and acknowledged that he executed the same. 10952 180 OFf - COL~Ty OFf.~ On the )ersonallly Came individual instrument, SS: ~ day of 3c .~:~ ,/'~/-f,~4 ~4~5~/~ , 1989, before me , to me ~own to be the described in and who executed the foregoing and acknowledged that he executed the Same. INOTARY PUBLIC On the /f day of ~ )ersonally Cameg~,~y , 1989, before me ~,go~-~ to me known to be the individual dl~s~rib~d in and who execut ~ instrument, an~ acknowledged t~ ~ ed the foregoxng .... ~ ~e executed the Sam~. NO~~-~-~ On the // day of ~ ~-~,-~-~ Personally came ~T~- ~. ~.~ ~, 1989, before me dual described in and who exei-~°-me-kn°wn to be the instrument, uuce~ t~e foregoing and acknowledged that he executed the Same. 10952 :181 Schedule A Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly side of IiElijah's Lane and the northerly side of Main Road; THENCE !from said point of beginning the following seven (7) courses and distances: 1. North 84 degrees 45 minutes 40 seconds West 395.38 feet to a point; 2. North 85 degrees 36 minutes 30 seconds West 91.49 feet to a point; 3. North 85 degrees 30 minutes 40 seconds West 69.74 feet to a point; 4. North 23 degrees 08 minutes 10 seconds West 161.95 feet to a point; 5.. North 23 degrees 52 minutes 10 seconds West 101.47 feet to a point; 6. North 70 degrees 30 minutes 50 seconds East feet to a point; 7. South 25 degrees 09 minutes 10 second~'East 496.00 to the monument at the point or place of BEGIh~ING. 475.60 Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 9, 1990 Karen Hagen Wickham, Wickham & Bressler, Main Road P.O. Box 1424 Mattituck, NY 11952 P,Co RE: William J. Baxter, Jr., et.al. SCTM9 1000-108-4-9,10 & 11 Dear Ms. Hagen: Enclosed please find a copy of the map dated October 25, 1989 which was endorsed by the Chairman on April 9, 1990. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. ' Please contact this office if you have further questions. Very truly yours, Encl. cc: Building Department Town Assessors Bennett Orlowski, Jr. Chairman WICKHANI, WICKHAM & BRESSLER, p.c. HAIN ROAD, P,O. BOX 1424 MATTITUCK. LONG ISLAND MORTGAGE OFFICE 5~6-298-5300 TELEFAX NO. 516-~98-2012 March 20, 1990 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: William J. Baxter, Jr., et. al. SCTM # 1000-108-4-9, 10 & 11 Gentlemen: Attached in response to the Board's letter dated November 21, 1989 are 4 mylar and 6 paper prints of the above entitled lot line change map, with the Health Department approval affixed thereon. Please have the Chairman endorse the maps. Thank you. Very truly yours, Karen J. Hagen KJH:mjb Enos. 5 WILLIAM WICEHAM ERIC d BRESSLER LAW OFfiCES WICKhAM, WICKhANI & BReSSLER, p.c, MAIN ROAD, P,O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO 5~6-29S-8565 October 24, 1989 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: William J. Baxter, Jr., et. al. SCTM# 1000-108-4-9, 10 & 11 Gentlemen: In response to the Board's letter dated October 17, 1989, enclosed is a copy of the filed Covenants and Restrictions. The map is being amended to state that the Covenants have been filed, and will contain the Liber and Page number. Very truly yours, Karen Hagen KJH:mjb Enc. DISTRICT 1000 SECTION 108.000 BLOCK 04,00 LOT 009,000 010.000 011.000 109527 17 DECLARATIONS OF COVENANT AND RESTRICTIONS DECLARATION made this ~ day of October, 1989, by William J. Baxter, Jr., Patricia Baxter, Robert A. Soeller, Jr., and Jane P. Goeller, residing at 1030 E. Putnam Avenue, Greenwich Ct., 06830, hereinafter referred to ~s the "Declarants"; WHEREAS, the Declarants are the owner in fee simple of a certain parcel of land situate at Mattituck, own of Southold, County of Suffolk and State of New York, ,eing the premises described in deeds recorded in the Suffolk County Clerk's office on May 2, 1961 in Liber 4980 Dp 507, April 26, 1971 in Liber 6920 cp 131, and October 14, 1969 in Liber 6639 cp 536, a metes and bounds description of _ which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". NOW, THEREFORE, the Declarants do hereby declare ~h~t the aforesaid premises and every portion thereof is ~ereby held and shall be conveyed subject to the conditions, :ovenants and restrictions hereinafter set forth, and that ~very purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that :he premises so purchased shall be held subject to the :ovenants, conditions and restrictions hereinafter set !orth. ~T-~ICLE----!iI: No lot line Shall be changed in any at any future date Unless authorized by the Southold Pown Planning Board. 'ubdivlded. Neither of the lots Shall be further There Shall not be any vehicular ngress and egress on Main Road for Lot 1 Other than that exists. ARTICLE IV: No driveway or entrance road on 's Lane shall be lOCated within fifty (50) feet of the northerly end of the short radius curve connecting the fly Side of Main Road with the westerly side of Elijah,s Lane. ~ All Stormwater rUnoff resulting from deVelopment and improvement of this subdivision or any its lots shall be retained on the site by adequate strUctures so that it Will not flow out onto the Fight-of-way of Main Road. ARTICLE VIi All prospective OWners of lots within Subdivision Shall be advised that this subdivision is located within one mile of Mattituck Airport and, therefore, be subjected to noise emanating from the facility and aircraft flying OVerhead or nearby. ARTICLE VII:. These COVenants and restrictions can modified Only at the request of the then Owner of the ~remises with the approval of a majority plus one of the ng BOard of the Town of Southold after a Public ~earing. Adjoining~proFerty owners shall be led to lotice of such public hearing but their consent to such ~odlflcatlO shall not be required. IN WITNESS WHEREOF, the Declarant has hereby ~ecuted this Declaration of Covenants and Restrictions the ay and year first above written' ~ ~~ wI~LI~-J AXTRR'~R. :TATE OF d-'~ ) ) OF 9P gP ) GokLLER '~"-~- of ~f- ~ , 1989, before me On the f& ~ay ~ ~-'~"~to me known to be the ' ~ ~ersonally came U3~c&~44~' the foregoln~ ~ividual described in and who executed instrument, and acknowledged that he executed the same. 1095 180 ~TATE OF 3 ~/ ) ) COUNTY OFfAd¢;:~ ) On the /~t'/- day of ?ersonallly came /;/'~'~' J~M;-~7~ ~,_ _198,9, before, me [ndiv;~.._~ ..... . , uo me ~o~ to De the ~ = ~uuaj ues~rlDeu in an~ who executed the fore ' ~nsu~ment, an~ ac~owledaed that ~ ............ going NOTAR~ PUBLIC  /NOTARY PUBLIC ~TATE OF I/3 ~sst~ ~RES ~cH ).rso~.~e /~fo~ay °f ~:''~ , 1989, before me ; . . aly came ~ ~'g~W= ~ -- , ....... [ndlvldual described in , ~u m= ~own =o De the and who executed the foregoing inst~ment, and acknowledged that he executed the same. STATE OF ~~ 20~TY 0F ~ ~ ss: On the /F day of ~ ~ , 1989, before me per~ogally came ~.- ~. ~,~-~ , to me ~own to be the individual described in and who executed the foregoing inst~ment, and acknowledged that he executed the same. NO~i~ARY~B~BLiC 10952 181 Schedule A Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly side of Elijah's Lane and the northerly side of Main Road; THENCE from said point of beginning the following seven (7) courses and distances: 1. North 84 degrees 45 minutes 40 seconds West 395.38 feet to a point; 91.49 69.74 2. North 85 degrees 36 minutes 30 seconds West feet to a point; 3. North 85 degrees 30 minutes 40 seconds West feet to a point; 4. North 23 degrees 08 minutes 10 seconds West 161.95 feet to a point; 5. North 23 degrees 52 minutes 10 seconds West 101.47 feet to a point; 6. North 70 degrees 30 minutes 50 seconds East 475.60 feet to a point; 7. South 25 degrees 09 minutes 10 second~-East 496.00 to the monument at the point or place of BEGINNING. 109527~152 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 1989 Karen Hagen Wickham, Wickham & Bressler ' P.O. Box 1424 Mattituck, NY 11952 RE: William J. Baxter, Jr. and ET AL SCTM #1000-108-4-9,10,11. Dear Mrs. Hagen: A final public hearing was held and closed at the Monday, October 16, 1989 regular meeting of the Planning Board. The Planning Board will make the final determination at the November 20, 1989 regular meeting. Please note that the Planning Board awaits a copy of the filed Covenants and Restrictions.The final maus must state that the Covenants and Restrictions have been filed with Liber and Page number. Five paper prints and two mylars of the final maps, all with stamped Health Department approval, must be submitted prior to the November 20, 1989 meeting. If you have any questions, please do not hesitate to contact this office. ~3;e~r y truly CHAIRMAN Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE ToWN OF SOUTHOLD Septelaber 29, 1989 Karen Hagen wickham, wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 RE: William J. Baxter, Jr. Lot Line Change sCTM# 1000-108-4-9, 10, 11 Dear Mrs. Hagen: The draft Declaration of Covenants and Restrictions for the above mentioned proposal has been reviewed. Upon completion of the following revisions, the document should be filed. Article IV: A short radius curve is not necessary as per Ray Jacobs, Superintendent of Highways. In order to provide land for the curve, a telephone pole would have to be moved. Article V: There is a typo; it should read ,,...withi__qn fifty feet .... " Article VIII (currently labeled V): This should read: "...a majority plus one of the Planning Board of the Town of Southold .... " The wording, "Town Board" should be eliminated. A copy of the filed document with the above revisions must be submitted to the Planning Board's office prior to endorsement of the maps. office if you have any further Please contact this questions. Bennett Orlowski, Jr. Chairman Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Rob Berntsson, Assistant Town Attorney Melissa Spiro, Planning Staff September 28, 1989 Baxter Lot Line Change SCTM9 1000-108-4-9, 10, 11 Enclosed please find a copy of the Covenants and Restrictions for the above mentioned subdivision for your legal review. Ail requests by the Planning Board have been met with the exception of Article II. The Board requested no further subdivision in perpetuity. LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.e. MAIN ROAD, P.O. BOX MATTITUC K, LONG NEW YORK 516-298-8353 516-298-5300 September 18, 1989 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: William J. Baxter, Jr. Et. Al. Lot Line Change SCTM # 1000-108-4-9, 10 and 11 Gentlemen: Enclosed is the draft Declaration of Covenants and Restrictions, submitted for the Board's review. Upon the Board's approval, the Declaration will be duly recorded. Please be advised that Article IV is included pending Ray Jacob's decision, as set forth in the Board's letter dated September 12, 1989. Very truly yours, KJH: Enc. DECLARATIONS OF COVENANT AND RESTRICTIONS SL 25 DISTRICT 1000 SECTION 108.000 BLOCK 04.00 LOT 009.000 010.000 011.000 DECLARATION made this day of September, 1989,. by William J. Baxter, Jr., Patricia Baxter, Robert A. Goeller, Jr., and Jane P. Goeller, residing at 1030 E. Putnam Avenue, Greenwich Ct., 06830, hereinafter referred to as the "Declarants"; WHEREAS, the Declarants are the owner in fee simple of a certain parcel of land situate at Mattituck, Town of Southold, County of Suffolk and State of New York, being the premises described in deeds recorded in the Suffolk County Clerk's Office on May 2, 1961 in Liber 4980 cp 507, April 26, 1971 in Liber 6920 cp 131, and October 14, 1969 in Liber 6639 cp 536, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". NOW, THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. ARTICLE I: No lot line shall be changed in any manner at any future date unless authorized by the Southold Town Planning Board. ARTICLE II: Neither of the lots shall be further subdivided. ARTICLE III: There shall not be any vehicular ingress and egress on Main Road for Lot 1 other than that which exists. ARTICLE IV: A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Main Road and Elijah's Lane to facilitate turns at the corner and to enhance the streetscape. ARTICLE V: No driveway or entrance road on Elijah's Lane shall be located with fifty (50) feet of the northerly end of the short radius curve connecting the northerly side of Main Road with the westerly side of Elijah's Lane. ARTICLE VI: All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of Main Road. ARTICLE VII: All prospective owners of lots within this subdivision shall be advised that this subdivision is located within one mile of Mattituck Airport and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. ARTICLE V: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town_~oard or the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and year first above written. WILLIAM J. BAXTER, JR. PATRICIA BAXTER ROBERT A. GOELLER, JR. JANE P. GOELLER STATE OF NEW YORK) ) COUNTY OF SUFFOLK) ss: On the day of , 1989, before me personally came , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY PUBLIC Schedule A Ail that certain plot, piece or parcel of land, with the bUildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly side of Elijah's Lane and the northerly side of Main Road; THENCE from said point of beginning the following f~ (~ courses and distances: 1. North 84 degrees 45 minutes 40 seconds West 395.38 feet to a point; 91.49 69.74 2. North 85 degrees 36 minutes 30 seconds West feet to a point; 3. North 85 degrees 30 minutes 40 seconds West feet to a point; 4. North 23 degrees 08 minutes 10 seconds West 161.95 feet to a point; 5. North 23 degrees 71.74 feet to a point; 475.60 52 minutes 10 seconds West 6. North 70 degrees 30 minutes 50 seconds East feet to a point; 7. South 25 degrees 09 minutes 10 seconds East 496.00 to the monument at the point or place of BEGINNING. LEGAL NOTICE N~¢ . NOT~ IS H~BY G~ BoUt, at th~ Towa Hall, Main 1989 ~ ~ ~ ~ ~ minor ~ubdivi~i~ of Watts, located at ~e Town of T~ ~ N~ 1~101-1-14.1. n~ ~ I~ n~ or f~e~ east by l~d now or fo~erly of ~sa~o; m ~e mu~ ~ Mid~ fo~erly of ~ Wi~h~ 7:45 p.m. F~ ~ m~ su~ivisi~ of D~y L. R~ 1~ at ~ T~ of T~ ~ N~ I~1~-1-1~ ~ ~ N~ V~w ~ east by la~ now or f~erly of Caprise; on the sou~ by South ~w ~ve; ~ ~e w~ ~ l~d v~ ~. 8~ p.m. F~ ~ of l~t~ at ~e To~ of New Y~ ~ C~ty n~ by 1~ n~ or fo~edy P~A. ~er~ J~ B~ m ~ ~ ~ ~ V~w Avm~ m, ~ ~ ~ ~d ~w ~ f~y ~ ~ O. Bi. er, Jr.; 8:15 p.m. P~ a~ Jr. ~d ~ A~ 1~ ~ ~ To~ the State of New York. Suffolk County Tax M~p Numar 10~- 1~9, 10, 11. ~e p~ is ~e~ n~ by l~d n~ or fo~erly of ~ C~y of S~o~. ~ ~d ~w or ~erly of ~g la ~oi, ~d now ~ f~dy ~ ~ehus L. ~s~; m ~e ~st ~ ~e; ~ ~e sou~ '~ Ma~ Road ~T~ ~ ~e ~a ~ ~d now ~ f~erly ~ ~ 8:30 p.m. ~c ~g major subdivision of ~ff~d, 1~ at · e Town of Sou~oM, C~n~ of ~ ~, ~ ~ New Y~. ~ T~ ~ N~r I~ 5-1. n~ ~ t~ No~ Rmd, ~ ~d fo~erly of Jmes Chute~ on east by land ~w or f~erly of ~ Zipkas, ~ ~d ~w or for- m~y of'~ F~ by l~d fo~erly ~ A~ Vol~ski, lsd now ~ f~efly ~ William ~s, ~ ~ ~ f~y of ~ A.~s, ~n~ ~ ~f~y ~- cma, ~ l~d now ~ remedy P~ ~e, ~ ~ n~ ~ f~- merly of ~lsey Staples, by l~d now ~ f~y ~ Pa~ C~ ~ ~w ~ fo~y of ~ B. f~y of ~e ~ ~ Moore's Lane; ~ the west by ~y~g ~ ~ ~ ~e m~ s~ a~ ~: ~ 12, BY~ ~E ~O~ ~G BOA~ STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Patricia Heaney of Mattituek, Iv said County, being duly sworn, says that be/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of SouthoM, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in sald Newspaper once each week for 1 weeks successively, commencing on the 14th day of s~19 89 ///'r' Prin~ clerk ~ Sworn to re m~ thb LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuafit to Section 276 of the Town La~, a public bearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 16th day of Octo- ber, 1989 on the question of the following: 7:30 p.m. Final approval of the minor subdivision of Hanoch & Watts, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-101-1-14.1. The property is bordered on the north by land now or formerly of Grigonis, by Alvah's Lane; on the east by land now or formerly of Tuthill, by land now or formerly of Pisacano; on the south by Middle Road; on the west by land now or former- ly of Brown, by land now or formerly of William H. Wick- ham Estate. 7:45 p.m. Final approval of the minor subdivision of Dorothy L. Robertson, located at the Town of Southold. County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-13-1-10. The property is bordered on the north by North View Drive; on the east by land now or formerly of Capnse; on the south by South View Drive; on the west by land now or former- ly of Howard, by Private Road. 8:00 p.m. Final approval of the minor subdivision of Timo~ thy Gray, located ut the Town of Southold, County of Suffolk and the State of New York. Su~'- folk County Tax Map NumUer 1000-58-1-2. The property is bordered on the north by land now or formerly of Paul A. Blower and Jean Blower; on the east by Sound View Avenue: on the south by land now or formerly of Theodore O. Bigtner Jr.; on the west by Long Island Sound. 8:15 p.m. Final approval of the lot line change of William J. Baxter Jr. and ET AL, located at the Town of Southold, Coun- ty of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-108-4-9,10, IL The property is bordered on the north by land now or formerly of the County of Suf- folk, by land now or formerly of Chung Ja Choi, by land now or formerly of Cornelius L. Mas- ton; on the east by Elijah's Lane; on the south by Main Road (RT 25); on the west by land now or formerly of Joseph Neville. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... ./... weeks successively, commencing on the ........... .//..F.~. ..... Sworn to before me this .......... .//..~'i .~-. ..... day of 8'.30 pm. Public hearing on tim Tewu of' Seuthold, COunty the now o Notary Public BARBARA A. SCHNEIDER NO"fARY PUBUC, State of New Y~ No. 48061~ Qualified in Suffolk Coufl~y Cor~mission Expires o~/~ 9t14/89 00) Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 1989 Karen Hagen Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: William Baxter,Jr. Lot Line Change SCTM ~10Q0-108-4-9,10,11 Dear Mr. Hagen: The following actions were taken by the Southold Town Planning Board on Monday, September ll, 1989. RESOLVED that the Southold Town Planning Board adopt the Suffolk County Planning Commission report dated March 2, 1989 with the following changes: Number one should read "no lot line shall be changed in any manner at any future date unless authorized by the Southold Town Planning Board"; Number two should be revised to read" there shall be no further subdivision in perpetuity"; Number three should remain the same; Numbers four and five should be eliminated; Number six states that "a short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Main Road and Elijah's Lane to facilitate turns at the corner and to enhance the streetscape." The Planning Board will notify the applicant if this will be required upon receipt of comments from Ray Jacobs, Superintendent of Highways. Numbers seven, eight and nine should remain the same; Ail conditions shall be filed as covenants and restrictions in the office of the County Clerk prior to the granting of approval of this Lot Line Change. A draft Declaration of Covenants and Restrictions should be submitted to the Planning Board for review prior to filing with the County Clerk. The final map must state that a Declaration of Covenants and Restrictions has been filed and must include and the Liber and Page number. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. RESOLVED that the Southold Town Planning Board set Monday, October 16, 1989 at 8:15 p.m. for a public hearing on the final maps. If you have any questions, please do not hesitate to contact this office. CHAIRMAN enc. cc: $CPC Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TEL£PHONE (516) 765-193tt PLANNING BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECLARATION DATE: September 11, 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION: William J. Baxter,JR. & ET AL SEQR STATUS: Type I Unlisted CONDITIONED NEGATIVE DECLARATION: YES DESCRIPTION A~ LOCATION OF ACTION: Applicant proposes to REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because Planning Board has reviewed this lot line change and finds that this proposal revises the lot configuration to two regulary shaped lots in conformance with the Town Code Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road $outhold, New York in said Town on the 16th day of October, 1989 on the question of the following: 7:30 p.m. Final approval of the minor subdivision of Hanoch & Watts, located at the Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-101-1-14.1. The property is bordered on the north by land now or formally of Grigonis, by Alvah's Lane; on the east by land now or formally of Tuthill, by land now or formally of Pisacano; on the south by Middle Road; on the west by land now or formally of Brown, by land now or formally of William H. Wickham Estate. 7:45 p.m. Final approval of the minor subdivision of Dorothy L. Robertson, located at the Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-13-1-10. The Property is bordered on the north by North View Drive; on the east by land now or formally of Caprise; on the south by South View Drive; on the west by land now or fromally of Howard, by Private Road. 8:00 p.m. Final approval of the minor subdivision of Timothy Gray, located at the Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-58-1-2 The Property is bordered on the north by land now or formally of Paul A. Blower and Jean Blower; on the east by Sound View Avenue; on the south by land now formally of Theodre O. Bittner, Jr.; on the west by Long Island Sound. 3:15 p.m. Final approval of the lot line change of William J. Baxter, Jr. and ET AL, located at the Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-108-4-9,10,11. The property is bordered on the north by land now or formally of the County of Suffolk, by land now or formally of Chung Ja Choi, by land now or formally of Cornelius L. Maston; on the east by Elijah's Lane; on the south by Main Road (RT 25); on the west~by land now or formally of Joseph Neville. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: September 12, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRFiAN PLEASE PRINT ONCE ON THURSDAY, SEPTEMBER 14, 1989 AND FORWARD Four (4) AFFIDAVITS TO THIS OFFICE, THANK YOU. COPIES SENT TO: SUFFOLK TIMES LONG ISLAND TRAVELER/WATCHMAN W~LLIAM WICKHAH ERIC J. BRESSLER WICKHAM. WICKHAm & BRESSLER, MAIN ROAD. P.O, BOX 1424 MATTITUCK, LONG ISLAND NEW YORK II952 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 August 2, 1989 Re: William J. Baxter, Jr., Et. Al. Lot Line change Application SCTM~1000-108-4-9, 10 and 11 Gentlemen: Enclosed are eight prints of the revised map, pursuant to your letter dated February 10, 1989. The lots on this revised map meet all of the requirements for the Limited Business zone. Please proceed accordingly. Very truly yours, Karen J. Hagen KJH:cmc DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DIRECTOR OF PLANNING March 2, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Minor Subdivision - William J. Baxter, Jr. & et al. Northwesterly corner of Main Road, New York State Route 25, and Elijah's Lane, Mattituck, New York Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 1, 1989, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - William J. Baxter, Jr. & et al." referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following eleven conditions that are deemed necessary to help preserve the traffic safety and carrying capacity of Main Road, a state road, and to alert prospective owners of the lots within the subdivision that they are in close proximity to Mattituck Airport, and that they may be subjected to noise resulting from airport activities and aircraft, and to help avoid pressures from these residents to close the airport or curtail its activities because of noise resulting from use of the facility. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than t? shall be made subject to a covenant that will subdivision. There shall not be any vehicular ingress and Lot 1 other than that which exists. Said res the map to be filed in the County Clerk's off Ail driveways on Main Road shall make an angl preferably 90° with the State road. Minor Subdivision - William J. Baxter, Jr. & et al. Page 2 5. Lot 3 shall have a turnaround provision, such as a T-shaped shunt, so that a vehicle leaving a lot will not have to back out into the traffic stream on the road. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Main Road and Elijah's Lane to facilitate turns at the corner and to enhance the streetscape. o No driveway or entrance road on Elijah's Lane shall be located within fifty (50) feet of the northerly end of the short radius curve connecting the northerly side of Main Road with the westerly side of Elijah's Lane. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of Main Road. Ail prospective owners of lots within this subdivision shall be advised that this subdivision is located within one mile of Mattituck Airport and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. 10. Conditions 1-5, inclusive, and 7-9, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 11. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. 2o Considerable care must be taken in the manner of storage and disposal of not only commercial and industrial wastes, but also the disposal of stormwater runoff from impervious areas on the site which can carry deleterious substances that can have an adverse impact upon the aquifer. Minor Subdivision - William J. Baxter, Jr. & et al. Page 3 3. Conditional approval of this subdivision does not in any way imply approval of the layout of future subdivision of this tract presently under consideration. Adequate provision shall be made for properly designed and properly located handicapped parking spaces. In locating a handicapped parking space consideration is to be given to the nature of the occupancy of the building and the probability of a handicapped person utilizing a specific unit within the building. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. The Town should check into the possiblity that the State may have a drainage easement that allows the discharge of stormwater runoff from the road into the depression on the site. Very truly yours, Arthur H. Kunz Acting Director of Planning File: S-SD-89-01 CGL:mb Encl.: Map Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Karen Stretz Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Dear Ms. Stretz: February 10, 1989 RE: William J. Baxter Lot Line Application SCTM# 1000-108-4-9, 10 & 11 The Planning Board cannot proceed with the above mentioned proposal as this parcel is zoned Limited Business under the new Zoning Code, thus requiring a minimum lot size of 80,000 square feet. Please revise the layout accordingly. Please contact the office if you have any questions regarding the above. ~__~eryV truly yours, B~ETT ORLOWSKI , JR. CHAI~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELI~PHON£ (516) 76S-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD Karen Stretz Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, New York 11952 Dear Ms. Stretz: January 31, 1989 RE: William J. Baxter Lot Line Application SCTM9 1000-108-4-9, 10 & 11 As you know, the Planning Board began the Lead Agency coordination process for the above mentioned proposal at the .January 23, 1989 meeting. The Planning Board requests that you have the wet area, which is located on the southern side of the parcel, between lots 1 and 3, staked. Upon notification that this is completed, the Planning Board will request that the Trustees inspect the parcel. Please contact this office if ~you~have any questions regarding the above. ~ery truly ~.~s,/f? ,-~ /} / ,,~ / /' ,,' ,/ // /_ ( ,.. ,, .,. ,. B~NETT ORLOWSKI, JR. CHAIR~ cc: Trustees Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 24, 1989 Daniel Ross Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: William Baxter Lot Line Application SCTM #1000-108-4-9,10,11 Dear Mr. Ross: The following action was taken by the Southold Town Planning Board on Monday, January 23, 1989. RESOLVED that the Southold Town Planning Board start the coordination process to determine Lead Agency and Environmental Significance. Please note also that, as discussed at the meeting, an as built site plan is to be submitted to the Board for the site plan application. If you have any questions, please do not hesitate to contact this office. y y0urs,~'% BENNETT ORLOWSKI, JR. CHAIRMAN enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 24, 1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assUming the responsibilities of lead agency; and ~ 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: William Baxter SCTM ~1000-108-4-9~10,1t Requested Action: Applicant proposes to change the lot line on a total of 4.1617 acres located at MattltucK. ~EQRA Classification: '[ ] Type I ['~ Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you ~ve an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. [ ] This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. cc: _Board of Trustees _Building Department Seutho!d Tcwn ~card ~Suffolk County Dept. ~NYSDEC- Stony Brook Sin~, BENNETT ORLOWSKI, JR. CHAIRMAN of Health Services ~S.C. Dcpt. of P%~!ic Wcrks _--U.S. Army Corp ~f~i-nee~s 2N.¥.S. Dept.--~f Tran~a~ci~n_. Maps are enclosed for your review Coordinating agencies Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) Hamlet Tax Parcel Identifier No. /ooo - /o&~ q %to, ;1 Material Submit.ted: Minof Subdivision - Class A(3 copies) Major Subdivision (3 Copies) Class B (2 copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Gradkng Plan (1 copy) ; Planning Board Res. (1 copy) ; Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Comments: ~ ~ ~:.~f ~ ~q~4%0~ c~7~ ~ /~/~.~ WlCKHAm, WlCKHAM & BRE$SLER, MAIN ROAD, /3.0, BOX ~424 MATTITUCK, LONG ISLAND NEW YOR~ II952 Southold Town Planning Board town Hall Main Road Southold, New York 11971 November 30, 1988 Re: William J. Baxter, Jr. & Et A1 Lot Line Change Application Suffolk County Tax Map #1000-108-4-9, 10 and 11 Gentlemen: Enclosed in connection with the application listed above are the followlng items: 1. Letter to Planning Board from owners regarding applicaiton. 2. Merger affidavit. 3. Letter regarding drainage. 4. Short Environmental Assessment form. 5. Appllcation in duplicate. 6. Fifty ($50.00) dollar filing fee. 7. Questionnaire. 8. Copies of Deeds. 9. Copies of Certificates of Occupancy. 10. Eight (8) copies of Map. Please advise if there are any additional necessary items. Very truly yours, Karen J. Stre~ KJS:amm eric. SOUTHO!D TOWN PLANNiN~ B..~AidD~ Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: William J. Baxter, Jr., Et Al; Lot Linn Chanqe ADDlication; Suffolk County Tax Map #1000-108-4-9, 10 and ]] Gentlemen: We are the owners of the lots listed above, and as such, are requesting a lot line change in conformity with the map dated October 12, 1988, by Young and Young, surveyors. Each of us approve of the proposed lot line change for the following reasons: We have changed the format and frequency of the publication that was printed and mailed from the corner building, and have no further need for the space. We are considering selling the property, and agree that i~ will be more practical to sell if we had the lot lines changed, so as to sell the barn parcel as a unit~the parcel with the large building as another, and have the third unit contain the westerly portion of the barn parcel with the small 60' wide parcel to the west of the large building. Furthermore, the proposed lots would have a more uniform size and shape than do the present lots, which we believe is in the interests of the community as wells as any potential purchasers. We thank the Board for its consideration of our request. rt'A. Goeller, Jr. ~/ ~ne P. Goeller ) se: , COUNTY O~"~OL~i ~cU~cJ On the 223 f~ day of ~%Pt~ ~3J~ , 1988, before me personally came WILLIAM J. BAXTER, JR., to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY PUBliC ' ........ COUNTY OF .mrT~ ) _~SS: ^ ' t ' On the lZ ~ day of ~~ , 1988, before me personally came PATRICIA BAXTER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. CALIFORNIA S~ATB o~ as~//zaa~ SANTA COUNTY O~[~I SS: NOTARY PUBLIC On the 29 day of November , 1988, before me personally came ROBERT A. GOELLER, JR., to me known to be .the individual described in and who executed the foregoing ~~~,~,,,,~,,~wledged that he executed the same. ~ OFFICIAL SEAL { MyCommissi~i~yt6,1~9 ~ NOT~Y PUBLIC STATE OF ~/ED~ CALIFORNIA SANTA BARBA~) ss: COUNTY OF ~ On the 29 day of November , 1988, before me personally came JANE P. GOELLER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. MyCommissionffxp esM~yl6 1989 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) William J. Baxter, ~oeller, Jr. and Jane P. depose and say: Jr., Patricia Baxter, Robert A. Goeller each being duly sworn, That they are the owners of the three (3) lots at the northwesterly corner of Main Road and Elijah's Lane, at ~attituck, Town of Southold, State of New York, said lots ~nown as Suffolk County Tax Map #1000-108-4-9, 10 and 11. That in consideration of an approval by the Planning Board of the Town of Southold of the lot line change ~pplication, they agree to merge said lots in conformity ~ith the approved lot line change. ! ¢ ........... William J. Lx ~obe~t A. Goel~er, Jr. ~ (Jane P. Goeller TATZ OF ) SS: On the ~ day of' ~ ~ , 1988, before ~e personally came WILLI~ J. BAXTER, JR., to me known to be :he individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY PUBI~IC STATE OF ~EW-YORK) ) SS:. 2OUNTY OF ~UF~LK) ~03~ On the ~ ~ day of e~c~ ~ , 1988, before ~e personally came PATRICIA BAXTER, to me known to be the '~n~!vidual described in and who executed the foregoing instrument, and acknowledged that she executed the same. CALIFORNIA STATE OF NE~/RDR~) SANTA BARBARA) ss: ~OUNTY OF ~PFDL~) NOTARY PUBLIC On the 29 day of November , 1988, before ne personally came ROBERT A. GOELLER, JR., to me known to be ~he individual described in and who executed the foregoing that he executed the same. OFFI 31AL SEAL ~TtTE OP ~ZW/~RX) CALIFORNIA SANTA BARBARA ) ss: ~OUNTY OF NOTARY PUBLIC On the 29 day of November , 1988, before le personally came JANE P. GOELLER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. PEGGY M. COCHRANE ~ MyCornmis$ion £xpires May 16 1989 ~ OTARY ~BLIC Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Lot Line Change, William J. Baxter, Jr., Et A1 The following statements are offered for your consideratio~ in the review of the aboveumentioned minor subdivision and its' referral '60 the Suffolk County Planning Commission: (1) No g~adtng, other than foundation excavation for a residential building is. proposed. (2) ~o new roads'~re proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Willlam J. Bax~r, J .  I::C - ~. 1Q88 ' To the Planning Board of the Tow'a of $outhold: PLP., ' The undersigned applicant hereby applies for (tentative) (f:;,a:)approval of~ . ~ubd;.'kk,.. p accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Planning Board. and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If th'e applicant is no owner of record of the land under application, the applicant shall state his interest in land under application.) .lot Jine chanqe 2. The name of the/~lsbd~/slnss is to'be . ~.ql:..I-.~.0~..C.h.a..n 9.e..f. 9.r..W. ! .1.l.i.a..m..J.:- .B.a.x.t.e..r :.. Et al The entire land under application is described in Schedule "A" hereto annexed. (Copy o~' suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Count)- Clerk's offlc foll.q.ws: ' '. Liber ..~.8.0. ........ Page 50.7 On ..a. ay 2, 1961 Libe 6920 131 r ........................ Page ............ On April 26, 1971 Liber ..~.6.21~ ...... Page .... $~.6 ........... On October 14, 1969 Liber . .' ...................... Page ...................... On .................... ~ Liber Page On as devised under the Last Will and Testament of ............. ' distributee '..'~ : Or aS ..................... g. The area of the land is ..4...1.6. J.7..'..' ...... acres. 6. All taxes which are liens on the land at the date. hereof have been paid. s:;;=~t ........ 7. Tlie land is encumbered by ........... ao ................ '..... .......... . ....... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in.orlgiual amc of $ .............. unpaid amonnt $ ... ' hem b7 ................... ~ddress " (b) Mortgage r~c~r¢led in Liber ......... .Page .................. ~ ....in original arno of ............... ~inpaid amount $ ....... ~ ~ .. held b~ ..... ~ .... · '.,'.~ .......... address .................. i,: ........................ (¢) Mort~ge recorded in Liber .... P-~ · ................ n or n-~ a~ .......... g i igi 1 o! ............. unpaid amount $ .......... · -. held by 8. There are no other encumbrances or liens against the land.~ ................... 9. Tile l-~nd lies in the following zoning use districts "C." Ligh.t Indys. trjal . .. -. 10. -'~o part of the land lies under water whether tide water, stream, pond water or otherwise 11. Th~'applicant shall at his expense install all required public improvements. 12. Theland ~_~/ (does not) lie in a Water District or Water Supply District. Name of trict if within a District Is ' 13. Water mains will be laid by N/^ d~' and (a) (no) charge ',viii be ~nade for installiug said mains. 14. Electric lines and standards will be installed by N/A · lines~ ................. and (a) (no) charge will be made for installing 15. Gas mains 3rill be installed by .... '.ff.../.fi. ................... - and (a) (no) charge will be made for installing said m~i'r~s. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in Suffolk Couuty IIighway system, anuex Schedule "Il" hereto, to show same. 17. If streets shown on tile plat are claimed by the applicant to be existing public streets Town of Southnld Illghwa¥ system, anuex Schedule "C" · - hereto to is maintained by NYS; Elijah's Lane is maintained by Southold Town. 18. There are no cxistin~ buildiugs or structures on tile laud which are uot Ioc~tcd and silo on the plat. 19. Where tile plat M,~ws prnl,oscd streets which are exte,,.ions .f streets on adjoiuing s~ division malls heretofore filed, there are existing maps at their coi~jtmctions wifl~ tile proposed streets. ' ..... 20. In the cnurse of these prncecdings, the al,l,licant will 335 o£ tile lC. cai Prnperty Law. · 21. Subm~,t .a copy cfi pi'opo'sed deed for lots -:J,m'ing all regtricfi,ns, covenants. 'etc. Ann $/'bedule "D". 22. The applicant estimates that the cost of grading and required public improvements -_.. $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity Performance Bond be fixed at .............. years. The Performance Bond will be writ a licensed surety company nnless otherwise shoxvn on Schedule "F", .... William J Baxter Jr (Name~of Al~p~icant) ~[ ~.a (Signtture and Title) ~ ........ 1030 East Putnam Ave., Greenw (Address) Ct. "b'~O ................... STATE OF NE%V YORK COUNTY'OF SUFFOLK On the .. z. r'q// day of... ~ovember .......................................... 19.8.8. .... before me personally ........ t~ i .1.I.L,~. d.,. B~a.~t.e r.,..,1 c,. ' - to me known to be the individual described in and executed the foregoing instrument, and acknowledged that he ~ ............. executed the same. Ileee~ll~--lQ~ll~vVidl N'otar,, Public [j -v'"~-. STATE OF NEW YORK, COUNTY OF ........... : ................ ss: On the ................ day ............ of ............... 19 ....... before me personally c .......... ~ ............. to me knmvn, who being by me duly sworn did pose and sa3' that ............ resides at No ......................... ~ ........................ ' .. ' ............................... that .......................... is the ....... the c~rporation described in and which executed th~.. ' ' ' ' lhe .~eal ,ff ~aid curporatiou; that the seal affixed by order oi thc b~ard ~f dircctor~ o/-,~'fid corporati :md th:~l ............ signed .............. name thereto by like order. ry Public $ U FFO L~ .I~..~,6,~y $outhold. N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the office of the Planning Board with your completed applications forms. If your answer to any of the following, questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are there any wetland grasses on this parcel? (Attached is a list-~f the wetland grasses defined by the ~wn Code, Chapter 97, for your reference) Yes ~ 2. Are there any other premises under your ownership ab~tting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes ~ ~. No Yes ~ 4. Are there any other applications pending concerning this property before any other department.or agency?(Town ~ State, County, etc. See $chedu-le A 5. IS there any application pending before any other agency with regard to a different project on this parcel? See Schedule A 6. Was this property the subject of any prior application to the Planning Board? 7. Does this property have a valid certificate of occupancy, if yes please submit a copy of same I certify that.the above statements are true and will b~ relied on by the Planning Bognrd in co_9.nsidering this application. SCHEDULE A Southold Town Planning Board - Site Plan ApprovaT Southold Town Board of: Appeals - Special Exception The above applications pertain only as to the corner lot. Attachment to questionnaire for~.'the Planning Board KAREN J. ~"rR L~'~ STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 2~ day of November , 1988 , before me personally came W~]];am J. Baxter; Jr. to me known to be the individual described in and who executed the foregoing isstrum and acknowledged that he executed the same. Notary Pubic - J TOWN OF SOUTHOLD BUILDING DEFARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ..,.-~LT~.~d..~r,..l~l~s~h ?.S..~.....~ ........... Street Map No....~;~11; ............ Block No ......... ~ ...... Lot No...~ .........~..t,l;.~.t,1~g.~z~.....~,.~e ............. conforms substantially to the Application for Building Permit heretofore filed in this office dated .......................................... ~.el~,.....g. ...... , 19.65... pursuant to which Building Permit No. ~,~.,~. doted .............................. ~.e~).....~L~. ......... , 19..~.~..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificote is issued is ........ ........... Busl~ss..~l~lin~ .............................................................................................................. The certificote is issued to .....tea,Saz'~e~...,T~...&..~thez~z ................... ~O. ........................... (owner, lessee or tenant) of the aforesoid building. .......................... i~;;ii;iing Inspector \ TOWN OF SOUTHOLD BUILDING I~PARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. T. CERTIFICATE OF OCCUPANCY Matt J. ttlCk TH/S CERTL~'~ that the hulldinE located at F,l~Jah?.a..h4t, .~. Rt,....:~., ...... Street Map No. eee Block No ............ .?.?..?.....i~ot No. ee~ conforws'.~ubstantially to the Application for Buildini Permit heretofore filed in th~s office dated ............ ~.Y....~-~. ...................... , 19....6..1.. pursuant to which Buildins Permit No ....... ..Z....]:...4..1..7 dated .......... 1~-.~...-~.~ ........................ 19..6..~.., was issoed, and conforms to all of the require- menLs of the applicable provisions of the law. The occupancy for which this certificate is BUSlHBS8 BUILDXHG issued is ...................................................... & ~ane Po Goller, This cert*~lcate is issued to .... .W.J:.~..l.J~uI....~.:...~..~..e-~.:...~:-: (owner, lessee or tenant) of the aforesaid building. pa~y o~ the fu~ ~ar% and WILLIAM J. BAX'_'~, residing st {~ and JANE P. OORT,TA'R, Blr~h Lane, Greenwich, Conn. Recorded on May 2, 1961 in Liber 4980 at page 507 p~ty o~ the second pitt. WITNI$SITN, that the iu~r~y of ~e ~ ~, in coflside~on of Ten ~lla~ ~d ~er v~u~e c~- s~e~fion pdd by ~e ~ of ~e ~md ~ 4~, hereby ~nt ~d mle~ ~ ~e ~ ~ ~e ~ond pa~. ~e hei~ or succe~ ~d ~st~s ~ ~e ~y of ~e ~d p~ foyer, ~ ~at cern plot, ~ce ~ ~ of l~d, ~ ~ b~dln~ ~ ~v~ ~n ~. sit~te, lyi~ ~d ~g ~ ~e Ha~e~ of ~ttituc~, in ~he z'~ of Southold~ Co~%y oZ Suffolk and S~%e ~f Ne~ ~ork, bonded ~nd described as foll~s~ BEGINNING at a monument se~ ia the ground at the intersection of the northerly line of Main S~ate Koad, with the westerlx lire of EliJah'$ Lane; running % 'T~E~CE along the said northerly line of ~ain State Road north 84 degrees 45 ~i~m%es 40 seconds west 395.38 feet to a monum~t seb in %he ground at an angle in ~aid line of )~a~n Sta~e Road; T~ENCE still along said northe~ly line nf ~ain State Road north 85 degrees 36 minuta~ 30 se"mds west 31.49 ~eet to ~he easberly line of land of John J. McManus$ a]on~ land of ~d ,:.tm ~. UcManus, north 1~ ~egrees 07 m~nu:.es OO seconds ldl.~9 feat %o the southerly line of ~a-d of Martin ~]la; alon~ ~aid sou%h, erly line of land of Martin Fills north 77 de~rees 06minutes oo seconds east 357.46 feet to a monument set in the ~round on the westerly line of Elijah's Lane; and , THatCh Along the westerly line of klijah's Lane south 25 de,trees 09 minutes 10 seconds east 320.50 feet to the point or place of begi~ning~ TOGETHE.R with ail right, ti~Je and interest, i~ any, ot the p.~ty o~ the first p~rt in and to any streot~ ~d ~ads a~uttln~ ~e .above descri.bed, premis~ to the center lines thereo~; TOGETHER with the ppurxenancea anoall the estate an~ rights o! .the par~y o/ the first Fart in and to said pre .n~.; ~ ..~ w.~-~ cu? thc s~u premt .s~. nave oeen encumoereo ,a ~y way what.er, ~c~ u ~o~ AND ~e ~y of ~e fi~t ~ m c~mpl~n~ ~. S~ 13 of ~e ~ ~w, ~ ~t ~e ~ of ~ fi~t ~ ~ r~Mve ~e ~nstdenfion f~ ~ts eonvev~ce ~d ~ h~d ~e ~t t~ ~*-~k mc ~ oz ~ ~me l~ ~y o~ p~ , , ~S ~E~, made ~e ~0~h day of 0 ~ ~ ob m :~ nineteen hundred ~d 8~y-~e~ BE'I'w~EN ~TI~ FIL~, residing a~ ~Ci~uck, T~ o~ S~Chold, .... Suffffolk Co~Cy, N~ York,~.*':':~... part)' o~ thc first p3rt. and ~ J. ~Eg, ~. and ~A~IC~ ~, ~1ffe, as tenants by the enCt:ec7, holding a o~e-ha~ u~dtvlded 1nce:eac, boCh :estdt~ aC ~ass~u ~olnc goad,. Cutchogue, ~e~ Yo:k, by the e~Ci:e~7, hol~1ng a one-halg undtvlded ~nCe:esC, both :e- aldlng aC ~a~aCe:s goad, ~assau ~olnc, Sug~olk CouaC7, ~e~ York, party of the second part, WITNESSETH, that the party of the first part, in coosideration of Ten and 00/100 ... ($10.00) dollars, other lawful money of the United States, and/good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereou erected, situate, lying and being ~JtI{ at 1,~ttituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly line of Elij;ah's Lane distant 320.50 feet northerly from a monument at the intersection of the westerly line of Elijah's Lane and the northerly line of Main Road; THENCE from said point of beginning the following seven (7) courses and distances: 1. South 77° 06' 00' West 617.66 feet along lands of WilliamJ. Baxter, Jr., et ano., and McManus to a monument; 2. South 20° 44' 00" East 164.41 feet along said lands of McManus to a monument situate once northerly line of Main Road; 3. North 85° 30' 40" West 69.74 feet along the northerly line of Main Road to lands now or formerly of Joseph Neville; 4. North 23° 08' 10" West along said last mentioned lands 161.95 feet to a po~t and lands now or formerly of Anjef Associates, Inc.; 5. North 23° 52' 10" West along said last mentioned land 101.47 feet to the northwest corner of the premises herein described; 6. North 70° 30' 50" East 475.60 feet along lands of Anjef Associates, Inc., and Maston to a pipe situate on the west- erly line of Elijah's Lane at the northeast corner of the premises herein described; 7. Thence South 25° 09' 10" East along said westerly~ne of Elijah's Lane 175.50 feet to the monument at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises and more conveyed to Martin Fills by deed from Ralph W. Tuthill and Laura F. Tuthill his wife, dated September 7, 1954, and recorded September 8, 1954, in the Office of the Clerk of the County of Suffol(, in Liber 3754 cp 249. 53"'/ TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any street~ and roads abutting the above described premises to the center liues thereof, TOGE'I'II/~R with the ~ppurtenances and all the estate and rights of the party of the first part in and to sa~d premises, TO HAVE A~ND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party oi the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, e:~cept as aforesaid. AND the party of the first part, in compliance with Section I3 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this indeuture so requires. IN WITNESS WI'IEI~EOF, the party of the first part has duly executed this deed the day and year first above written. Martin Fill~ STATE Of NEW YORK, COUNTY OF S~OI.,g. ~: On the 10th day of Oct o b' e r 19 69 , before me personally came HARTiN FILLA to me known to be the individual described in and who executed the tor~.oiag i,st*~..~m, and a~t STATE OF-NEW YORK, COUNTY OF On the day of 1.9 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the tg~egoing instrument; that he knows the seal of said corporation; that the seal affxed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- don, and that he ~igned h n~ne thereto by like order. · argain anh ale Bee With Covenant Against Grantor's Acts ? 0 ~TIN FILN TO ~LL~ J. ~R, JR. and ux, and ROBOT A. ~t.~ and ux INTER.COUNTY TITLE GUAI1ANTY and MORTGAGE COMPA!~' ',~ IN NEW YORK CHARTEI~ED 1927 STATE OF NEW YORK, COUNTY OF On the day o~ 19 , before me personally came to me known to be the individual described in and who executed the foregoing inurument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 , bdore me personally came the subscribing wirness m the foregoing instrument, with whom I am personally acquainted, wbo, being by me duly sworn, did depose and say that he resides ar No. that he knows to be the individual described in and who executed the foregoing instrument that he, said subscribing witness, was present and saw execute the same; and that he, said wimess, at the ume time mbscribed h name as wimess tbe~to. SECTION BLOCK LOT COUNTY OR TOWN William Wickham, Esq. Main Road Mattituck, N.Y. 11952 ZIp No. cot COHSULT yO~II LAWYil BI~OI! $1GNI#~'HII INSTI~JMINT--TNIS INSTRUMENT SHOL'~ USlD IV LAWY,IS ONLY. THiS INDEIWr~'R~ made the 22xd day of April , nineteen hundred and ~ W'~'~,Z.'TA~ G't ~ATWq~; ,r~,. residing at ~1 l~c~ega~ l~ew York 10538 party of the first party of the second part. (~ ~ 00/.1_00- , WJTN~fH, that the party of the first part, in consideration of 00) -- law{ul money o{ the United States, ~ O'neill' ~ I]~ '~'~.~b].e ¢(~l~L'~l.~ll paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALI. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~ at ~at~t~lOk, ~G t]l~ ~0~ Of ~O~AO}.{~, 0~I11~' Of 8tiffolk ~ 8~a~ of l~ lork, ~g ~ ~sc~ ~1 foll~t ~~ at a c~ ~t, set ~ ~ ~ ~ ~ N~r~ l~e off ~e ~ or ~ ~d, ~ mm~t ~ l~a~ ~.87 feet; Wee~r~ ~ ~ We~r~ 1~ of ~i~'a ~e, aa RosSI runuing ~noe al~ t~e lh~-~rl~ line of ~ ~ o~ Sta~e Road, IIorth 8~° }6' ~0" Weet._.6~_.O feet; ~o a concrete mo~u=ent set in the Cro~nd and bein~ the ~as~erl,v line of land fo~ly o,,me~ by Clarence ~a~hill a~i ~alph ~uthilll ~'~ ~nce No~r~ ~ al~ ~a l~t fo~r~ of Cl~e ~11 ~ ~lph N~ ~e ~, ~. West 1~.~1 feet ~ a c~ ~t aet ~ ~ Olde ~1 ~ ~1~ ~11 ~ ~e ~, ~,, ~$t ~ f~t to a o~ ~t ~t ~ ~ ~ ~ 1~ ~ ~ fo~r~ ~es~r~ 1~ of 1~ ~ ~ fo~r~ of ~ Wil~ ~. B~X~G A~D II~I~DED ~0 BE the came premises a~ eonveyed to the party of the first part by deed dated l~ve~ber ~, 1970 and re,or,ed in the ~uffolk Oounty Clerk'm Office Lu LtBer 68~8 ep ~7. ~ v~th all right, title .~nterest, if any, of the pa~'y of the first anc~ to any streets and roads abutting the above described premises to the center lines thereof, TOCa~=rl.I~R with the appurtenances and al! the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. the party of the first part covenants that the party of the first part ljlas not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the puny of the first part, in compliance with Section 13 of the Lien Law, oovenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this inden'~ure so requires. IN wrrNF, S$ WI-WA~OF, the party of the first pan has duly execUted this deed the day and year first ahoy. written. · OF NEW YORE, COUNTY to me known to be the individual described in and who executed the foregoing inE~xument, and :wlmowledged that STAll OF NEW YORK. COUNTY OF ss: On the day of 19 , before me personally c~me to me known, who, being by me duly sworn, did depose ~nd s~y that he resides at No. ; that he is the , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so zfftxed by order of the board o! directors of said corpora- tion, and that he signed h uame thereto by like order. ST&11 OF NEW TOtg, COUNTY Onthe dayof 19 , befoFe me to me known to be the individual described in and whO :executed the fol~oing instrument, and acknowledged that ~I'A~ Of NEW YORE, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the ot , the coq~oration described in and which executed the foregoing instrument; that he knows the seal o[ said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of sai.d, corpo, rn- tion, and that he signed h name thereto by like omer. SECTION BLOCK LOT COUNTY OR TOWN Recorded At Request ol ~ Title Guarantee Company RBTU~ BY ~ TO: THE TITLE GUARANTEE COMPA.NT' Zip No. DISTRICT 1000 SECTION 108.000 BLOCK 04.00 LOT 009,000 010.000 011~000 1989 , DECLARATIONS OF COVENANT AND RESTRICTIONS DECLARATION made this I~ day of October, by William J. Baxter, Jr., Patricia Baxter, Robert A. Jr., and. Jane P. Goetler, residing at 1030 E. Avenue, Greenwich Ct., 06830, hereinafter referred to s the "Declarants"; WHEREAS, the Declarants are the owner in fee ~imple of a certain parcel of land situate at Mattituck, of Southold, County of Suffolk and State of New York, the premises described in deeds recorded in the uffolk County Clerk's Office on May 2, 1961 in Liber 4980 507, April 26, 1971 in Liber 6920 cp 131, and October 14, 1969 in Liber 6639 cp 536, a metes and bounds description of is shown on Schedule A attached hereto and made a part , hereinafter referred to as the "premises". NOW, THEREFORE, the Declarants do hereby declare the aforesaid premises and every portion thereof is held and shall be conveyed subject to the conditions, )venants and restrictions hereinafter set forth, and that purchaser of said premises or any portion thereof, by .he acceptance cf a deed thereto, covenants and agrees that premises so purchased shall be held subject to the :ovenants, conditions and restrictions hereinafter set orth. 10952 1Z ( ~-~TIc~E_~i.. No lot line Shall be changed in any lanner at any future date Unless authorized by the Southold ?own Planning Board. ~-~TIc~ Neither of the lots shall be further :ubdivided. ~T-~_ICL~ There Shall not be any vehicular ngress and egress on Main Road for Lot 1 other than that ~hich exists. ~ No driveway or entrance road on lijah,s Lane Shall be located within fifty (50) feet of the lortherly end of the short radius CUrve COnnecting the northerly Side of Main Road With the westerly Side of s Lane. ~ All Stormwater rUnoff resulting from development and imprOVement of this SUbdivision or any )f its lots shall be retained on the Site by adequate structures so that it Will not flow out onto the ~f-way of Main Road. ~ All :his Subdivision Prospective OWners of lots Within shall be advised that this SUbdivision is .ocated Within one mile of Mattituck Airport and, therefore, be subjected to nOise emanating from the facility and aircraft flying OVerhead or nearby. ~ These COVenants and restrictions Can )e modified Only at the request of the then OWner of the )remises with the approval of a majority Plus One of the Planning BOard of the Town of Southold after a public ~earing. Adjoining(property owners shall be ex aled to %otice of such public hearing but their consent to such ,odification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby xecuted this Declaration of Covenants and Restrictions the lay and year first above written' WILLIAM J AXT JR. A. coz E P. GOELLER ;TATE OF ~-- ) ;OUNTY OF~:~ ) On the /2-''[''~ day of ~DT- ~ , 1989, before me personally came U3~_~g~£J~to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. .. 1095 f;180 ( ~TATE OF f ~/ ) _~OL~NTy OF~.~[¢~:,,~ ) ss: ) On the / ~ e ~ day of Y~ ~ P rsonalllv came ~';,~e. , ~_~ , 1989, before me individual descrlb~ ~ ..... , to me ~own to be the ~ ~ ~n~ wno executed the foregoing inst~ment, and ac~owledged that he executed the same. ~OT~ PUbLiC ~ ~ ~ml~t~ ~PIR~ ~RCH 31, ss: On the /~r day of ~;~;~ , 1989, before me ~ersonally camef~z ~.ge~_ f~, to me known to be the ~ual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~:, ~ c~ NOT~y PUBLIC OF ~~ OF~~ ss: On the /F day of ~ ~ ~;~ , 1989, before m >ersonally - .ndividual ~r i~'a~2~~, ~o_me known to beethe u execu=ed the foregoing inst~ment, and acknowledged that he executed the same. NOTARY-~P~JB Li C ~-' 10952 i181 Schedule A Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly side of IElijah's Lane and the northerly side of Main Road; THENCE from said point of beginning the following seven (7) courses and distances: 1. North 84 degrees 45 minutes 40 seconds West 395.38 feet to a point; 2. North 85 degrees 36 minutes 30 seconds West 91.49 feet to a point; 3. North 85 degrees 30 minutes 40 seconds West 69.74 feet to a point; 4. North 23 degrees 08 minutes 10 seconds West 161.95 feet to a point; 5. North 23 degrees 52 minutes 10 seconds West 101.47 feet to a point; 6. North 70 degrees 30 minutes 50 seconds East 475.60 feet to a point; 7. South 25 degrees 09 minutes 10 second~-East 496.00 to the monument at the point or place of BEGINNING. 10952~152 FINISHED GRADE TYPICAL SEWAGE DISPOSAL SYSTEM FINISHED GRADE TYPICAL WELL DETAIL ROAD TYPICAL PLOT PLAN THE WATER SUPPLY S SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH AT THE TIME OF CONSTRUCTION HOWARD W. YOUNg, N~I'.S.L.S, LIC. NO, 45898 "~HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED SEPT. 1,1988 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS :· ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWNSND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT, HOWARD W, YOUNG,'N,Y.S. L, .~LIC, NO, 45893 THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED SY THE PLANNINS BOARD OF THE TOWN OF SOUTHOLD SY RESOLUTION OF APPROVAL DATED BY DATE TME LOT LINES OF SUBDIVISION MAPS AS FILED~ CANNOT BE ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP =--- 69.1 N'85° W. 91 o~ '~ °': ~,.eo ,5O ~j~EDgE OF PAVEMENT MAIN NOTE: I,SUFFOLK COUNTY TAX MAP DIST IO00SECT, I08 BL.4LOTB 9,10,1l B.TOPOBRAPHY E440WN HEREON I$ FROM "TOPOGRAPHIC MAP - 5 EASTER~J TOWNS" PREPARED FOR THE SUFFOLK COUNTY DEPT OF PUBLIC WORKS. 3,TOTAL AREA = 4.[617 AC 4, ZONING USE DISTRICT: LB (LIMITED BUS[NESS} ROAD 25 LOCATION MAP SCALE: MAP OF ALTERATION OF BOUNDARY LINES PREPARED FOR WILLIAM J. BAXTER, JR. 8 ET AL AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. JUN 2E~1989 DEC. 6,1988 OCT. 12,]988 DATE SEPT. SCALE I"= 50 NO. 88 - 0927 ALDE HOWARD ~-~, .Y,S. L,S, LIC, NO, 45898 THOMAS C, WOLPERT~ N,Y.8. P,E. LIC, NO, 61483 50229 FINIGRED GRADE TYPICAL SEWAGE DISPOSAL SYSTEM FINIgHED GRADE TYPICAL WELL DETAIL PROPERTY LINE ROAD TYPICAL PLOT PLAN THE WATER SUPPLY S SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REGUJREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OPHEALTH AT THE TIME OF CONSTRUCTION HOWARD W. YOUNg, N.Y,$. ES. LiC. NO. 4 "I HERESY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED SEPT. I, 1986 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS = · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT, HOWARD W. YOUNG,'N,Y.S. L, .~LIC. NO, 4S89S THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED BY DATE TI~E LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT SE ALTERED WITHOUT PERMISSION FROM THE PLANNIN6 BOARD, AND LOTS MUST SE SOLD AS SHOWN ON THE ~UBDI¥1SlON MAB O~ ~ ~[~O co~O\' o~ PAv~.,,.~ MAIN NOTE: I.SUFFOLK COUNTY TAX MAP S.TOPOGRAPHY 9NOWN HEREON IS FROM "TOPOGRAPHIC MAP - 5 EASTERN TOWNS" PREPARED FOR THE SUFFOLK COUNTY , DEPT* OF PUBLIC WORKS, S,TOTAL AREA: 4.1617 AC. 4 ZONIN9 USE DISTRICT: ~C' LIGHT INDUSTRIAL ROAD 25 OWNER~ WILLIAM d. BAXTER~ JR I~ ET AL ~/0 WICKHAM~ WICKH~M & BRESSLER lAIN RD., P.O. BOX 1424 IATTITUCK~ N.Y. ll952 LOCATION MA~P SCALE; I"= SO0' MAP OF ALTERATION OF BOUNDARY LINES PREPARED FOR WILLIAM J. BAXTER , JR. 8, ET AL AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK OCT. IE, 1988 DATE SEPT. l, 1968 SCALE I"= 50 ' NO. 88 - 0927 COUNTY N.Y. q.~,, 50229 TYPICAL SEWAGE DISPOSAL SYSTEM GAL ~TORAGE TYPICAL WELL DETAIL PROPERTY LINE W£L BUILDING ~EpTIC TANK SEPTIC TANK 30=-` %x ROAD TYPICAL PLOT PLAN THE WATER SUPPLY G SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH AT THE TIME OF CONSTRUCTION, HOWARD W. YOUN~, N.Y.S.L.S. LIC. NO. 4.5893 "IHEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED SEPT. 1,1988 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS :· ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENGIOMAL AND GEODETIC DETAILS ARE CORRECT HOWARD W. YOUNG,'N.Y.S.L..~LIC. NO, 45893 THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY REBOLUTION OF APPROVAL DATED BY DATE TUE LOT LINES OF SUBDIVISION MAPS AS FILED~ CANNOT BE ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD~ AND LOTS MUST BE BOLD AB SHOWN ON THE GUBDIVISION MAP T":,ooo-,:'-'*' \ 91.4 N.85° MAIN NOTE' I,SUFFOLK COUNTY TAX MAP DIG'[ lO00 SECT. lOB BL.4 LOTS 9~10~11 2.TOPOGRAPHY ~MOWN HEREON IS FROM "TOPOGRAPHIC MAP - 5 EASTERN TOWNS" PREPARED FOR THE SUFFOLK COUNTY DEPT. OF PUBLIC WORKS, E.TOTAL AREA = 4.[617 AC. 4. ZONING USE DISTRICT: 'C~ LIGHT INDUSTRIAL R OA D 25 OWNER: WILLIAM d BAXTER~ JR,& ET AL ] C/O WlCKHAM~ WICKHAM ~ BRESGLER MAIN RD., P.O. SOX 1424 : MATTITUCK~ N.Y. 1195E LOCATION MA~P SCALE: 1"=60~ FILE NO.', SUFFOLK CO. PLANNING DEPI SUB, D REVIEW SECTION M ~r~ ~The subdivision of chis parcel, as proposed~ ham been approved by the Sufffolk Gouncy Planning Co~sston. subjecc to ~l conditions deemed neces- aery to help presetwe the ~ra£~ic safe~y and .cerryle8 capact[y off--and., deemed necossot-~ to ma~e £u~ure 1o2 9~ner~ .a~a=e o~ the prox/~cy o~ ~'}~'l~uc~ ~r~'~ to the proposed s~di~ston and to help ~y future attempts co shuc do~ the er curtail ~cs opera~ions due co no/se thai e~te E~om aircraE[ using ~e ,, ~e letter ~o= con~ttons. MAP OF ALTERATION OF BOUNDARY LINES PREPARED FOR 0 ',~ ,/~'),~? WILLIAM d. BAXTER , dR, 8 ET AL AT MATTITUC~ TOWN OF $OUTHOLD SUFFOLK COUNTY OCT. 12,1988 DATE SEPT. 1,1988 SCALE I"= 50 NO. 80 - 0927 YOUNG E YOUNg/ 400 OSTRANDER AVENUE, RIVERHBAD, N,Y. ALDEN W, YOUNG, N,Y.S. P,R. G L,8. LIC. NO. 12845 HOWARD W. YOUNG. N.Y.S.L.S. LIC. NO. 45893 THOMAS C. WOLPERT, N,Y.S. P,E. LIC. NO. 61883 50229