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HomeMy WebLinkAbout1000-116.-1-8APPROVED BY P' A ~ ~i.L~ L2 BOARD ' FI!,F_ P np¥ Southold. N.Y. 11971 (516) 765-1938 August 18, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 RE: Winds Way Building Corp. at Linden Avenue, ~i!~i~: i ~--~ Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, August 10, 1987. RESOLVED that the Southold Town Planning Board authorize the Chiarman to endosre the minor subdivision maps for Winds Way Building Corp,; all conditions of final approval have been met, survey dated as amended July 13, 1987. Enclosed.~is a copy of the survey for your files. 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. RECE,( ~D BY I ,, DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of 1987, by WINDS WAY BUILDING CORP., a domestic corporation with offices located at 1020 Glen Road, Southold, New York, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the Premises); and WHEREAS, the Declarant desires to make this declaration setting forth reservations, restrictions· conditions, covenants ~nd agreements subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, THER~ORE, it is declared that said property shown as subdivided on said map is held and shall be sold and conveyed subject to the reservations, restrictions, conditions, covenants and agreements hereinafter set forth, to wit: 1. No structure shall be erected, altered, placed or permitted on any of the hereinabove described premises other than a single family· detached dwelling, ~~ --- ' not to exceed two stories above highest foundation level in height with a private garage. 2. The minimum ground floor area, exclusive of open porches and garages, shall be as follows: 1-story house - 2,200 square feet 1-1/2~story house - 1,800 square feet on the first floor with an additional 700 square feet floored and framed on the second floor. 2-story house 1,500 square feet ground floor area, and no less than 2,700 square feet total area. 3. No resident shall be permitted to be erected on any portion of the subject premises without prior approval of the plans and specifications by Declarant or its delegated successor. Declarant shall approve or disapprove the plans and specifications within fifteen (15) days of receipt of said plans and specifications. In the event that Declarant fails altogether to act within the aforesaid time, the plans shall be deemed approved. Declarant shall not unreasonably withhold approval. Declarant shall consider, but not be limited to, the following elements in determining if such approval will be granted: design, height, exterior color schemes, location, elevation, exterior building materials on siding and roof, cost of exterior construction and quality of architecture. One signed and approved cody of the said plans and specifications shall remain in the possession of Declarant, and another signed and approved copy shall remain in the possession of the owner. No changes in the exterior of the dwelling shall be made without the approval of Declarant, which approval shall not be unreasonably withheld. 4. No resident shall be permitted to be erected on the subject premises without the prior approval of declarant of the plot plan showing the proposed location of the residence upon the building plot. -2- 5. There shall not be erected on the subject premises any garages or outbuildings detached from the main residence without prior written approval by Declarant, which approval shall not be unreasonably withheld. Any such garage or outbuilding shall be located on the site in a manner to conceal same from visibility from the road in front of the subject residence. 6. No fence, wall, partition or other barrier more than three (3') feet in height of any kind shall be erected or maintained on any portion of the subject premises without the prior written approval of Declarant, which approval shall not be unreasonably withheld. A naturally growing hedge of shrubs or bushes, whether evergreen or deciduous, shall not be regulated by this provision. ~ ~ ~, ~, ~ ~ 7. The grounds of each residence must at all times be well maintained. 8. The exterior of all within four (4) months of the residences must be 100% completed date of the issuance of a building permit by the Town of Southold, subject to force majeur. 9. All debris must be removed from the premises prior to occupancy of the residence. 10. No trailer, basement, tent or other temporary structure shall be erected or placed upon subject premises temporarily or permanently. -3- 11. No signs other than the owner's name or professional occupation shall be erected on the premises. Such signs shall not exceed six (6") inches in height or twenty-four (24") inches in width. 12. No animals, other than the usual household pets shall be kept on the property. Said animals shall be housed and maintained in accordance with any applicable municipal regulations and any other pertinent governmental regulation. Such pets must be confined to their owner's premises, except, however, when being transported to and from the subject premises. No coop, cage or other structure for housing animals shall be erected on the subject premises without prior written approval of Declarant. Manure or refuse of any animal shall be kept in weatherproof containers at least fifty (50') feet away from adjoining property lines and emptied and cleaned at least once a week. 13. No portion of the subject premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Ail such material shall be stored in a hidden, sanitary container and shall be removed regularly from the premises. 14. No clothes poles, clothes lines, playground equipment or vegetable gardens shall be placed, erected or maintained on any portion of the subject premises, except in the rear yard of each parcel and shall be located in such a position that it shall not be readily visible from the street. -4- 15. NO residence shall be boarded up, nor shall any windows or entrances be sealed for any extended period of time. 16. No trucks, cars, boats, mobile homes, campers or trailers may be stored in any front yard of the subject premises. No more than one boat, ~ '~ - ~ ~~ ~ ~ ~, may be temporarily stored in the rear of each residence. No automobile or boat in a state of disrepair shall be parked or stored at any residence for more than thirty (30) days without Declarant's approval. l~.~n~ he~qn ~nta~,led t__9_o thee contrary i~.ts ~xoressly ~lared and aar~ that the pr°hib~~les office in any ~ence dec.rant cr it~~-~ .... 1~. Anything herein contained to the contrary notwithstanding, Declarant shall be permitted to erect signs on the subject premises (except after its sale to a third party) of any size and for any purpose whatsoever. ~. If Declarant or its successors or assigns shall violate or attempt to violate any of the covenants and restrictions enumerated herein, it shall be lawful for any other person or persons owning any portion of the hereinabove described premises to prosecute at law or in equity against the persons violating or attempting to violate any such covenant and either to prevent them from so doing, or to recover damages for such violation. -5- 25. It is expressly understood and agreed that the foregoing covenants and restrictions are intended to cover the real property described on annexed Schedule "A" only and are not to be extended to any other property of Declarant now owned or subsequently acquired, by implication or otherwise; and it is expressly understood that there is no obligation upon Declarant, or its successors and assigns, to restrict in any manner any other real property which it may now own or which it may hereafter acquire. 2~. Any of the reservations, agreements herein contained may be conditions, covenants and annulled, waived, changed or modified by Declarant, its successors and assigns, as to any property owned by it, and by Declarant, or its successors, together with the consent of the then owner thereof, as to any property sold. 2~ Invalidation of any one of these covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned has placed its hand and seal the day and year first above written. WINDS WAY BUILDING CORP. By: Robert W. Wendell, Pres. -6- STATE OF NEW YORK ) ( sS.: COUNTY OF SUFFOLK ) On the day of , 1987, before me personally came ROBERT W. WENDELL, to me known, who being by me duly sworn, did depose and say that he resides at 1020 Glen Road, Southold, New York; that he is the President of WINDS WAY BUILDING CORP., the corporation described in and which executed the foregoin9 instrument; that he knows the seal of 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 said corporation, and that he signed his name by like order. Notary Public -7- ,D ¥ Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM To: Victor Lessard, Executive Administrator From: Valerie Scopaz, Town Planner Re: Winds Way Building Corp. Minor Subdivision #1000-116-1-8 July 29, 1987 The Planning Board granted conditional approval to this proposal. See enclosed map. Because of the close proximity of wetlands and the provision that there shall be no disturbance 75' landward of the woods; you might want to require detailed site construction plans with the building permit application that would include: -existing vegetation and woodlands line -sedimentation and erosion control measures to protect wetlands -grading plans (existing and proposed) I believe Sidney Bowne & Son has agreed to review such plans if requested. Of course, the application fee would have to include Bowne's review charge. Town Planner cc: Bennett Orlowsk~, Jr. FILE P..J P Y " Southold, N.Y. 11971 (516) 765-1938 August' 3, 1986 M~. Rudol~. H. Bruer Attorney ~ Law Main Road Southold, ;y 11971 Re: Winds ray Building Corp. minor ~bdivision, SCTM ~ 000-116-1-8 Dear Mr. Brier: Please let this confirm the following~action taken by the South01d:Town Planning Board,Monday, July 27, 1987. RESOLVED that the Southold Town Planning Board override the resolution of the Suffolk County Planning Commission with regard to the minor subdivision of Winds Way Building Corp., located at Linden Avenue, Cutchogue, SCTM # 1000-116-1-8, pursuant to the request of the attorney for the applicant due to the fact that the maps have been amended to indicate a flag lot which the County favors. 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 LEFFERT5 P. EDSON RUDOLPH H. BRUER July 15, 1987 Bennett Orlowski, Jr., chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Winds Way Building Corp. Linden Avenue, Cutchogue SCTM~ 1000-116-1-8 Dear Mr. Orlowski: In response to your letter of July 14, 1987 (copy enclosed) we submit herewith six (6) survey prints of the above subdivision, revised to show Lot No. 2 thereon as a flag lot and eliminating the former right of way. Please advise us when you have been authorized to endorse the board's approval on this map. We respectfully request that the Southold Town Planning Board override the decision of the Suffolk County Planning Commission with respect to this property division. Thank you for your kind attention to this matter. Sincerely, Rudolph ~. Bruer RHB/df Encs. cc: Mr. Robert Wendell T~!~LDy Southold, N.Y. 11971 (516) 765-1938 July 14, 1987 Mrs. Patricia C. Moore, Attorney at Law Edson and Bruer Main Road, Southold, NY 11971 Esq. Re: Winds Way Building Corp. at Linden Avenue (SCTM 9 1000-116-1-8) Dear Mrs. Moore: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, July 6, 1987. RESOLVED that the Southold Town Planning Board approve the minor subdivision for Winds Way Building Corp., located at Linden Avenue, Cutchogue for 4 lots on 13.5 acres, survey datd at amended November 25, 1986 subject to: 1. Amending the surveys to reflect a flag lot rather than the right-of-way as shown. If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Michael I. LoC, Mr. Bennett Orlowski, Jr. Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivi Westerlysid~L~ feet norther Dear Mr. Orlowski: The Suffolk County Planning ¢ 1987 reviewed the proposed subdiv~_ Winds Way Building Corp." referred to County Charter. After due study and map for the following reason: .O4 New ay 6, ne Suffolk ?prove said The proposed subdivision will result in the creation oI ~ landlocked parcel; that is, a parcel that does not have frontage on an existing or proposed public road. The creation of such a lot is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of a landlocked lot, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. Creation of a landlocked lot also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for a lot under Section 280-a of the Town Law as the future owner of a landlocked lot cannot be held responsible for the landlocked nature of their parcel. M~nor Subdivision - Winds Way Build~ng Corp. Page 2 The Commission also offers the following comment on the map for your use and consideration: It is suggested that Lot 2 be made a panhandle lot to provide the lot with frontage on a public road. It would also be advisable if the panhandle would intersect the public road at or close to a right angle. Very truly yours, Lee E. Koppelman Director of Planning File: S-SD-87-11 GGN:mb Encl.: Map by-. -~1 ,) ~l~ Charles G. 'Lind, Chief Planner Subdivision Review Section cc: R. Villa, P. E., SCDHS June 11, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town of Southold Main Road Southold, New York 11971 Re: Winds Way Building Corp. Linden Avenue, Cutchogue Dear Mr. Orlowski: Pursuant to our agreement at the June 1, 1987 Planning Board meeting and as I stated to Diane Schultze of your office, a 90-day extension was not requested. Mr. Wendell and I requested and agreed to the extension of time to June 16, 1987, the day after the next scheduled Planning Board meeting. The extension of time was made solely to accommodate the Board and resolve the issue of whether or not to make lot 2 of the Linden Avenue sub- division a right-of-way or a flag lot. At the meeting, I informed the Board that Mr. Wendell would agree to make lot 2 a flag lot if that is what the Board preferred. The Planning Board has made a policy of recommending right-of-ways rather than flag lots. I would suggest that the Board resolve the dilemma of whether or not to change their policy in mid-stream by setting a policy that each application be taken on its merit and resolve the issue of right-of-ways versus flag lots on a case-by- case basis. In light of the above, we request that the Board make up their mind within the time frame agreed upon at the June 1, 1987 meeting. If you should have any questions, please do not hesitate to contact me. Ver/y~b~uly yours, Patricia C. Moore Attorney at Law PCM/cas cc: Mr. Robert Wendell P~~ D T~LDy Southold, N.Y. 11971 (516) 765-1938 June 8, 1987 Mrs. Patricia Moore, Attorney at Law Edson and Bruer Main Road Southold, NY 11971 Esq. Re: Winds Way Building Corp. Linden Avenue, Cutchogue Dear Mrs. Moore: Please let this confirm the following discussion and resolution of the Planning Board at the Monday, June 1, 1987 meeting. RESOLVED that the Southold Town Planning Board grant a 90-day extension on the final action of the Board on the minor subdivisino map for Winds Way Building Corp., located at Linden AVenue, Cutchogue, pursuant to the request of the attorney for the applicant. The Board discussed the resolution of the Suffolk County Planning Commission and a right-of-way versus a flag lot. Upon review of this matter by the Planning Board and their attorney, we will advise you with regard to further procedure. 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 SLaY Southold, N.Y. 11971 (516) 765-1938 April 27, 1987 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) Winds Way Bui]d~nq Corp. Hamlet Cutchoque Tax Parcel Identifier No. ]~0~ ]]6 ] R Material Submitted: Minor Subdivision - Class A(3 copies) × Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) i~lOd~ Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 copy) ; Other material (specify and give number of copies) One copy of the Planning Board's conditional negative declaratiof' Waiver of Comments: Subdivision Requirements - See attached sheet X Very truly yours, Bennett Orlowski, Jr. , Chairman VAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision) Hamlet or Village Cutchogue The following items normally required application hove been waived. Check, os required. Preliminary Map X Street Profiles X Other (describe) Winds Way Buildinq Corp. lawn Southold as part of %he subdivision Topographic Map Drainage Plan X Grading Plan X Landscape Plan X Reason: ~- 1) Minor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe), 2) a) No new drainage structures and no changes in existing drainage proposed X b) c) d) Other No new roads and no changes in existing roads No major site clear.ing and grading proposed (describe) proposed x x 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, South, old, New York, in ~ ~ on the.;l}2tl~;[~l~, Of April, 1987 on ~ ~on oftbe following: ~ ~._~/PLm. Public hearing on ~'~"~/ , ~"~lllestion of approval of the / ' minor subdivision of Win~s Way ogue in the Town of Southold, County of Suffolk and State of New York and bounded and de- scribed as follows: BEGINNING at a point on the westerly side of Linden Avenue which point in distant 942.04 feet northerly from the intersec- tion of the northerly side of New Suffolk Avenue with the wee- terly side of Linden Avenue, nmning thence along land Of Graco Edson the following two courses and distances: (1) North 66'43'10" West, 111.12 feet; (2) feet to the westerly b~ Of Downs Creek; thence along a tie line running north 16~3,10- West 1012.86 feet to land of The North Fork Country Club; thence along said land of The North Fork Country Club the following two courses and dis- tancos: (1) North 65=02,10- East 275.00 feet; (2) South 87olS,~0- East 644.80 feet to the westerly side of Linden Avenue; thence along the westerly side of Lin. den Avenue South 19~62,~0 ' West 1243.40 feet to tha point or place of beginning. Containing 13.5 acres. ?:4s p.m. Public hsuring the question of approval of the minor subdivision of Winds Way Building Corp. located at Cnich. ngue, in the Town of Southold, County of Suffolk and State of New York and bounded and de- scribed as follows: BEGINNING at a point on the northerly side of New SUffolk Avenue distant easterly the fol. lowing two courses and dis. tancos from the coruer formed by side of Locust Avenue with the northerly side of New SUffolk ,~.venu.e as measured along tie Jmes along the norther y side of! New Suffo k Road; (1) North! 82°19'21'' West 1068.35 feet to a monument and (2) 67057'50'' Wes* oo from said true point or place of beginning, running thence Nort~ 11o26,40,, East along lands now or formerly of Joh~ or formerly of John Elak and Anne Elak; thence along said lands now or formerly of John Elak and Anne Elak (I) South 78°33'20" East 474.00 feet to a monument and (2) South 72°25'00' East 72.§0 feet to the ~?, riine ora ~sum le~di~ to ~s Cr~k end lands now-or formeHy Victor Ginsborg; thence southerly along said lands now or formerly Victor Ginsborg and along the center- line ora stream leading to Hall's Creek the following ten courses and distances: (1) l~Outh 30°§0'20~ West 303.82 feet (2l South 5°44'08- West 193.96 feet (3} South 29~00,46,, West 167.10 feet (4) South 10o48,05,, West 87.68 feet (6) South 21o§8,05,, West 91.82 feet (6) South 46°08'39' West 68.15 feet (7) South 6~22,24- East 76.98 feet {8) South 37°07,40,, West 71.43 feet (9) South 22o26,67,, West 146.41 feet {10) South 9~20,24,, East 181.96 feet, to the north- erly side of New Suffolk Avenue;. thence along the northerly side of New Suffolk Road as estal~ lished from the centerline of STATEOFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Richard Williams _ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greanport, in the Town of Southold, 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 said Newspaper once each week for 1 weeks successively, commencing on the 16 th day of_ April 19 87_ Principal Clerk Sworn to/b~for_e me this LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIV- EN that pursuant to Secti6n 276 of the Town Law, public hear- ings will be held by the Soutbold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said Town on the 27th day of April, 1987, on the question of the f - : Public hearing on ,~estion of approval of the minor subdivision of Winds Way Building Corp. located at Cutchogue in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the westerly side of Linden Avenue, which point is distant 942.04 feet northerly from the intersection of the northerly side of New Suffolk Avenue with the westerly side of Linden Avenue, running thence along land of Grace Edson the following two courses and distances: (1) North 66* 43' 10" West, 111.12 feet; (2) North 49° 19' 10' West 105.00 feet to the westerly bank of Downs Creek; thence along a tie line running .north 16°33' 10" West 1012.86 t~et to land of The North Fork Country Club; thence along said land of The North Fork Country Club the following two courses and distances: (1) North 65° 02' 10" East 275.00 feet; (2) South 87° 19' 50" East 644.50 feet to the westerly side of Linden Avenue; thence along the westerly side of Linden Avenue South 19° 52' 50~' West 1243.40 feet to the point or place of beginning. Containing 13.5 acres. 7:45 p.m. Public hearing on the question of approval of the minor subdivision of Winds Way Building Corp. located at Cutchogue, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the northerly side of New Suf- folk Avenue distant easterlythe following two courses ana distances from the corner form- ed by the intersection of the easterly side of Locust Avenue with the northerly side of New Suffolk Avenue as measured along tie lines aIong the norther- ly side of New Suffolk Road; (l)North 82° 19' 21" West 1068.35 feet to a monument and (2) North 67° 57' 50' West 88.24 feet; and from said true point or place of beginning, running thence North Il° 26' 40" East along lands now or formerly of John Elak 1126.33 feet to lands now or formerly of John Elak and Anne Elak; thence along said lands now or formerly of John Elak and Anne Elak (1) South 78° 33' 20" East 474.00 feet to a momument and (2) South 72° 25' 00" East 72.50 feet to the centerline of a stream leading to Hall's Creek and lands now or formerly of Vic- tor Ginsberg; thence southerly along said lands now or former- ly of Victor Ginsberg and along the centerline of a stream leading to Hall's Creek the following ten courses and distances: (t) South 30° 50' 20" West 303.82 feet (2) South 5 ° 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 ................... fi' ....... weeks successively, commencing on the /~ ~ d '. ..... ,f7.. ................. 19 ~7 Notary Public BARBARA FORBES Notary Public, State of New York No. 480~846 Qaali£ied in Suffolk County Commission Expires ~'~'~'~ 3, 19 °=~' Southold, N.Y. 11971 (516) 765-1938 April 14, 1987 Mr. Rudy H. Bruer, Edson and Bruer Main Road Southotd, NY 11971 esq. Re: Winds Building Corp. Linden Avenue Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, April 13, 1987. ~RESOVLED that the Southold Town Planning Board set Monday, Aprilh~, 1987 at the Southold Town Hall, Main Road, Southold at 7:30 p~.m. as the time and place for a public hearing on the question ~f approval of the minor subdivision for Winds Way Building Corp. located at Linden Avenue, Cutchogue. Enclosed is a copy of the legal notice for your files. 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. LEFFERT~P. EDS~N MAIN ROAD SOUTHOLD, NEWYORK1}g?I April 10, 1987 PR i 0 1981 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Winds Way Linden Ave., Cutchogue, N.Y. Dear Sirs: To complete your file, and in preparation for the scheduling of the public hearing on this subdivision, we enclose herewith the following: 1. Application for Approval of Plat in duplicate 2. Check of Winds Way Building Corp., in the sum of $950.00 in payment of the application fee ($800.00) and inspection fee ($150.00). 3. Copy of D.E.C. permit #10-86-0243 4. Six (6) survey prints of the final subdivision map. 5. ~/~M~f~MZ~. Proposed C & Rs to follow. We respectfully request that this subdivision application be scheduled for public hearing at your earliest date. Sincerely, Rudolph H. Bruer RHB/df Encs. APPLICA'I~ION I~OR APPROVAL OF PLA'r ~P~ ~ 0 ~? To the Planning Board of the Town of Southold: The undersigned applicant hereby applies tor (tentative) (final)approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land uuder application. (If the applicant is not the owner of record o[ the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . ~..~g¥. f$L/TT,D.~bJ$..C~..R.~. ~..~,L.~'rff. T~I.....O~t~... ...... 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 . ..~{~.8.7. ................ Page .... 3.3..3 ............... On ~./20/86 . Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... as devised under the Last Will and Testament of ....................................... or as distributee ....................................................................... 5. The area of the land is ...3:.3.:.5. .......... acres. 6. All taxes which are liens on the land at the date hereof have been paid except .~1.O.~.. ...... 7. The land is encumbered by ..... . .01~...(l.l ................................................ mortgage (s) as follows: (a) Mortgage recorded in Liber . 3.2.2.7.6 ....... Pace ..1.9.5. ............. in original amount of $.600t000-00 unpaid am~un'~600,000'00 ,, ~ ,~ ..................... held ~ NOiR'IH FORK BANK & TRUST CO. .............. address .T.,O.'v'.e..L..a.D..e.,...I~..izJ~i.L..u.c.k.,..~..1.~9..5.2 ............................ (b) Mortgage recorded in Liber ......... Page ....................... in oriffinal amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. nnpaid amount $ ...................... i~eld by ...................... ...................... address ......................................................... 8. There arc no other encumbrances or liens against the land except ....I~...k~. ................ 9. The land lies in ~the following zoning use districts '.'.~.".'~ .Rg.~.i.d..e-P'..'q~a..1./.~.c/[r..i.~:..]:.~.t~..a.]: ..... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- 11. 12. cept Wetlands as shown on final map The applicant shall at his expense install all required public improvements. The land (~ (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 ...~./.g. ............................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by .... L....Z~.. .............................. 15. 16. 17. 18. 19. ..................................... and l~ (no) charge will be made for installing said lines. Gas mains will be installed by ....N./?. ..................................................... and (a) (no) charge will be made for installing said mains. 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. 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. There are no existing buildings or structures on the land which are not located and shown on the plat. 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. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". The applicant estimates that tile cost of grading and required pul)lic ilnprovements will be $...NZ.A. .... as itemized in Schedule "E' hereto annexed aud requests that the maturity of the Performance Bond be fixed at .............. years. The Performauce Bo,d will he written by a licensed surety company unless otherwise shown on Schedule "F". DATE STATE OF NI ~W WINDS WAY BUILDING CORP. ,('Signature and TitleJ~:)bert W. Wendell, Pres. (Address) COUNTY OF ................................. ss: On the .................. day of ............................. , 19 ....... before me personally came ............................................ to me known to be the individual described in and who executed the foregoing instrument, and ackno~vledged that ............ executed the same. Notary Public STATE OF NEW YORK, COUNTY OF...$~..E~Q.I~. ................. ss: On the ..... .7..t13 ....... day ............ of..~.r.i..1 ........ 19..8.7.., before me personally came Pobert W. Wendell ........................ to me known, who being by me duly sworn did de- pose and say that .... ~ ..... resides at No. J-.0.~O..G.~.~r3p....Rc?.~_c.t.r..,~D.u.t~..q.l.d~...N~. ................ ............................... that ........ 13.°. ............... is the President of WTNDS WAY BUILDING CORP. tile corporation described in and which executed tile foregoing instrument; that . .h.e. ........ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ...... h.~ .... signed .... .hj=$. ...... name thereto by like order. to. 52-4655242, ~ YOUi ~WYl[ ll~il SIGNING ~S INSTIUMEHT · THIS INSTRUMIHT SHOULD Bi USED BY ~WYEIS ONLY ~ISIND~R~ made ~he ~dayof ~r~oo/~ ~ ~.ninet~en hundredand eighty-six B~E~ H~ROBD 5. SCffgBg, residin~ at Box 344, Bayview ~rive, gast ~arion, New York, ROBERT E. SCHEBE, residin9 at 232 Yahlulah Lane, ~est Islip, New York, RUDOLPH ~. CRETEU~, residin9 at 10 Smugglers Cove, Huntington, New York, and ~INDS ~AY BUILDING COCP., a drastic ~ration, wi~ offices at 1020 Gi~ ~., Sou~o~, N.Y. ~fly of lhe first part. and ~IffB8 ~Y BUILBING CO~P., a domestic corporation, haven9 its principal place of business at 1020 Glen Road, Southold, New York, ~RI~ SECTION BLOCK LOT party of the second pa~, -8 12 IZ ~i Wi~LETH, ~hat the party of the first part. in consideration of ten dolhrs and other valuable consideration ~id by the party of the second part, does hereby grant and release unto thc party of the second ~rt, the heirs or successors and a~slgn5 of the party of the second ~rt forever. ~LL that ce~aln plot, piece or parcel of land, with thc buildings and improvements thereon erected, situate, ]yingand~ing~ at Cutcho~ao, ~o~n of Southold~ Suffolk County, New York, bounded and described a~ follo~s: BOUNOEO on the North By land and meadow of the Estate of Eliot D. ~oorel on the East by Noore's Lane~ on the South b7 land and meadow now or formerly of the ~ickham Case Estate; and on the ~est b~ Oo~n' 8 Creek. Said~re more particularly bounded and described as follows ~NNING at a point on the westerly s~de of Linden Avenue, which point i~ distant 9~2.0~ feet northerl7 from the ~ntersect~on of the northerl~ ~ide of ~e~ Suffolk Avenue with the wezterl7 s~de of L~nden Avenuel runnin9 thence alon~ land of Grace Edson the two courses and diztanceB: (1) north 66 de~rees 43 minutes 10 seconds west 111.12 feetl (2) north 49 de~rees 19 m~nutes 10 seconds west 105.00 feet to the ~esterl7 bank of Downz Creek; thence alon~ a tie ].Lne runnin~ north 16 de~rees 33 m~nuLes 10 secon ~e~t ~0~2.86 feet to land of The North Fork Country Club; thence ~aid land of The North Fork Countr~ Club the followin~ two courses and d~tanceL: (1) north 65 de~ree~ 02 minutes 10 seconds east 275.00 feet; (2) south 87 de~ree~ 19 m~nute8 50 ~econds east 644.50 feet to the westerl7 ~de of L~nden Avenue; thence alon~ the ~esterl7 side of Linden Avenue south 19 de~rees 52 minutes 50 seconds west 1243.40 feet to the point or place of BEGINNING. BEING AND INTENDED to Be the same premises as conveyed to the partic of the first part by deed dated Oecember 23~ 1985~ recorded in Libe~ 9957~ Page 183. TOGETHER with all right, title and interest, if any, of thc party of the first part in and to any ~treets and rinds abultmg the above descried premises to thc center lines thereof; TOGETHER with th~ appurtenances and all the e~tate and rights o~ the party of thc first part in and 13 said prcmise~; TO HAVE AND TO HOLD Iht premi~s herein granted unto the party of thc second part, Ihe h~irs or ~uccessors and assigns of Ihe party of the second ~rt f~ever. AND the party of the first pa~ covenants that the party of the first part ~s not ~ne or suffered a~ything whereby the ~id premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Scctlon 1~ of the Lien ~w, cove~ants th}t ~he ~rty of thc ~st part will receive the consideration for this conveyanc~ and will hold the right to receive such consld- er~tion as a trust fund to ~ applied first for the put,se of paying the co~t of the improvement and will apply thc same first to the payment of the cost of the improvement before using any ~rt otthe total of the same for any mher purpose. The word "~rty" shall ~ construed as if it read "parties" whenever the sense of this indcntpre *o requires. IN WITNES~ WHEREOF, the party of the first ~rt has duly executed this deed the day and year first a~ve written. DECC/OIO [ gEbU~U~. ~ Ic ~ . JULIa[ a KIN A ~ ~ ~ ': ' nt ~do~ )ISTRICT LO00 ~BCTiON :16 ~ ILOCK DT APPLICATION POR APPROVAL OF PLAT To the Planning Board of tbe 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 Southohl Town Planning Board, and represents ami states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record o[ the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .Tt~L~$..~. ~B,U~,~D,I~JG..Q~..P~. t..~ .QJ~:'$~ ...... 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 . .101.8.7. ................ Page ....3.3..3 ............... On..................LL/20/86 .... ..' Liber Page On · Liber Page On · Liber Page On · Liber Page On · as devised under the Last Will and Testament of ....................................... or as dlstributee ............ $. The area of the land is ...1..3,~. .......... acres. 6. All taxes which are liens on the land at the date hereof have been paid except .N0..H~.. ....... 7. The land is encumbered by ..... . .O~g...{1.) ................................................ mortgage (s) as follows: (a) Mortgage recorded in Liber . .1.2.2.?..6 ....... Page . .1.9.5. ............. in original amount of $..fi0..0,.0.0.0....09. unpaid amount $ 6.0.0.!.0.0.0...0.9 .......... held by .I~..I~I.....H?.i~.....B.~....&...TRUST CO. .............. address .l~.v.~.L.i~la.e.,...IV~. ~i.t:..u..c~.,...~...1.1..9.5.2 ............................ (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 agai~st thc land except .....N~... ................ 9. The land lles in,the following zoning use districts '.'.A~'.~ .l~..s3.c3..°~..~.J:.a..1./..~..i..c~..~..uTr..~.]: ..... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept Wetlands as shown o~ final map 11. The applicant shall at his expense install all required public improvements. 12. The land (lil~ (does not) lle 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./?. .................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be ins~.lled by .... ~....]J~.. .............................. ..................................... and ~ (no) charge will be made for installing said lines. 15. Gas mains will 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 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 tile proposed streets. 20. In the course of these proceedings, the appllcat~t 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 tile cost of grading and required public itnprovements will be $...N/.A. .... as itemized in Schedule "E" hereto annexed and requests that the matnrity of the Performance Bond be fixed at .............. years. The Performauce Boud will he written by a licensed surety company nuless otherwise shown on Schedule "F". sTATE OF ~~UNTY (Address) OF ................................ , ss: On the .................. day of .............................. 19 ....... before me personally c~me ............................................ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ...f[~]F~ff~ ................. ss: On the ..... .7.t,13. .......day ............ of . .'gP..K~.]' ........ 19..8.7..., before me personally came I~Ot:~:L"t W. We.Y'g21811 .......................... to me known, who being by me duly sworn did de- pose and say that .... ]CIP. ..... resides at No. ~L.0.20. ~.3,~233~x...l~Q~.d~...SQ.u.~..Q3:~/...b]Y. ................. ................................ that ........ .he. ............... is the .................. of ~/-fl'~S ~ BUTr,n'IlqG ODRP. tile corporation described in and which executed the foregoiug instrumcnt; that . .h.e. ........ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ...... t3~ .... signed .... .h.m.s. ...... name thereto by like order. MARY I]IAN{~ FOSTER LO00 ~16 ~% ~ IQUR ~WYER II.RI SIGNING THIS INSTRUMENT - THIS IHSTUUMENT SHOULD El USED BY ~WYISS ONLY THIS INDENTUREs made the c~fi'' ,lay of /L/au e/~ ~ ~ *ff', nineteen hundred and eighty-six B~TW£E/~ HAROLD L. SCHEBE, residing at Box 344, Bayview DriVe, East Marion, Ne~ York, ROBERT E. SCHEBE, residing at · 232 Tahlulah Lane, West Islip, New YoFk, RUDOLPH W. CRETEUR, residing at 10 Smugglers Cove, Huntington, New York, and WINDS WAY BUILDING CORP., a dcmestic corporation, with offices at 1020 Glen Rd., Southold, N.Y., partyofthefirstparl, and WINDS WAY BUILDING CORP., a domestic corporation, having its principal place of business at 1020 Glen Road, Southold,. New York, ~STRtCT SECTION BLOCK LOT party of thc second part, ~ 12 i7 21 WITNF.,SSETH, that the party of the first part, in consideration of len dolla~ and other valnable ~nslderation paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or succes~rs and assigns of the party of the second part forever, ALL that ce~aln plot, piece or parco! of hnd, with the buildings and improvements thereon erected, sit.re, lying and ~ingJ~ltl~ at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: BOUNDED on the North by land and meadow of the Estate of Eliot D. Moore; on the East by Moore's Lane; on the South by land and meadow now or formerly of the Wickham Case Estate; and on the West by Down's Creek. r~ more particularly bounded an~ described as follows point on the westerly side of Llnden Avenue, which point is distant 942.04 feet northerly from the intersection of the northerly side of New Suffolk Avenue with the westerly side of Linden Avenue~ running thence along land of Grace Edson the followin. two courses and distances: (1) north 66 degrees 43 minutes 10 seconds west 111.12 feet; (2} north 49 degrees 19 minutes 10 seconds west 105.00 feet to the Westerly bank of Downs Creek; thence along a tie line running north 16 degrees 33 minutes 10 secon. west 1012.86 feet to land of The North Fork Country Club; thence ale said land of The North Fork Country Club the following two courses and distances: (1) north 65 degrees 02 minutes 10 seconds east 275.00 feet; (2) south 87 degrees 19 minutes 50 seconds east. 644,~50 feet to the westerly sade of Linden Avenue; thence along the westerly side of Linden Avenue south 19 degrees 52 minutes 50 seconds west 1243.40 feet to the point or place of BEGINNING. BEING AND INTENDED to be the same premises as conveyed to the partie of the first part by deed dated December 23, 1985, recorded in Liber 9957, page 183. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abulting the above described premises to the center lines thereof: TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and I~ 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 thc party of the second part fc~rever. AND the party of the first part eovenanls that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, co,.'e~ants that Ihe party of thc 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 be construed as if it read "parties" whenever the sense of this indentt.e ~o requires. IN WITNF..55 WHEREOF, the party of the first part has duly executed this deed Ihe day and year first above APR 1987 New York Stale Depaqmenl of Envlronmenlal C~nsemation Regulatory Affairs Unit 31dg. 40,'SL~, Rm. 219 Stony Brook, N. y. 11794 (516) 75!-7900 Henry O. Williams January Winds Way/Buildin'g Corp. " 1020 Glenn Rd. Southold, NY 11971 21,' 1987 Dear Sir: Re: Permit No. 10-86-0243 In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6~CRR, Part 621) ! we are enclosing your permit. Please read all conditions carefully. If ~,;:: you are unable to comply wi~h any conditions, please contact us at the .:'':.i above address. A/SO enclosed is a permit si&n: which is to be conspicuously posted i'7'~iat the project site and prote¢:ed from the Weather. enclosure Very truly yours, Alfred T. Ke!lar Deputy Regional Permit Administrator -86-0243 N/A PERMIT Under the Environmental Conservation Law :/21/87 EXPIRATION DATE(s) 113]./8o __ .Long Island Wells -- Article 15, Title 27: __ Wild, Scenic and Recreational Rivers Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides Article 15, Title 5: Protection of Water Article 15, Title 15: , Water Supply / Article 15, Title 15: Water Transport -- Article 15, Title 15: -- 6NYCRR 608: __ Water Ouallty Certification -- Article 17, Titles 7, 8: __ SPOES ~--'-~ Article lg: Air Poltutlon Control' -- Article 23, Title 27: __ Mined Land Reclamation -- Article 24: __ Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct ('only), O--Operate ("only) [-~"~'J Article 25: N Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Management' -- Article 27, Title 9; 6NYCRR 373: __ Hazardous Waste Management -- Article 34: __ Coastal Erosion Management I-----1 Article 36: Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control Winds Way Buildin~ Corp. ADOR£S$ OF PER/V~ITTEr 1020 Glenn Rd., Southold, NY 11971 The Land Use Co., No. Country ~d., B.ox 361, Wadin~ Rive~, NY 11792 Downs Creek on the West side of Linden Avet, SCTM No. 1000-116-i-8 tOCATIONOFPROI£CTIFACILiTY COUNTY T OW N~IWA'I~. ~ k J UTM C~ROINATES C~ccho~ue Suffolk Souchold olscmP~O, o~ auz.omz~o Acztw~v Create a 4' lot subdivision with all construction occurin~ landward of the flood zone line or a minimum of 100' from the landward edge of the 'wooded line edge in accordance with the approved plan prepared by Roderi VanTayl revised 11/25/86 (enclosed). Permission is hereby granted for the construction of single family dwell~nRs and associated sanitary ':systems on each lot. ~'.' GENERAL CONDITIONS '~': .'i ,~t By acceptance of this permit, the permittee agrees that the permit b coniinlent upon strict compli- ;:; i ance with the ECL, all applicable regulaflonl and the conditions ~pecilied herein or attached hereto. 'ii, i 2 ~TI~ permitted wo~k shell be subiect to inspection by an authorized rep~e~en~tive of ~he 0epa~msnt of Environment&l Conse~ation which m*v o~der the wor~ suspended if .... ~tfeted. aminll o~t of the p~ojt, c t descflbed herein and has aBte~;J to indemnrf¥ and tare harmless the SMte fr~n suits, actions, damages and COilS of everY name and de$cnp- ' AUZUOmZEO SlCN^TUR[ IPE~''~l]~D:fNl$'~¥O~Alfred '12. ~ellar ..... 1^DDREsS ~ldg' S tony, ~rook,40' SU~¥,iR¥ Rm.[].79,2].9 I Page 1 of 3 PERMIT ISSUANCE DATE 1/21/87 CC: C.T. Hamilton , ~,1 I~,L (ONDITION$ fOR A#~IICt[$ and flood capacity of the watefcours~ N~ cla,m shah be made against That the State of New York shall in no case be hable for any damage bility of obtaining any other permission, consent or approval from the U.S. Army CorDs of Engineers. U.S Coast Guard. New York State OIfice of General Services of local government which may be required Any material dredged in the prosecution of the work herein permitted the bed of ~ wate~ay or floodplain or deep boles that may have a tendency to cause damage to nawgabre channels or to the banks of on ['[,:ii i. Development: SPECIALCONDITIONS L8 restr2c:ed to a toQal of 20% of the lo: area. There ia to be no disturbance to vegetation ot topography within 75' of ,,the landward edge o£ the wood line. Accessory structures to the residences will require further DEC approval, Supplementary Special Conditions (A) through (J) attached. [0--86--0243 ~/i Page 2 of 3 ~ .,,.-,,:~. .... ""~', ..-.-.,~-.-:,. _,., ..-t..T..:,..~.~..~.::..,~.....;,.,..,~.....,. .: ~be..~o~ · ~ · ~ -~ "~ '~ ','-.'~'-~--. .--'..:- ' '~-~. . * .... .-' [~ .... ~a~ao*e ae the pro~ecC s~Ce ~er suborned ~rk' iS'~ C.- ~e pe~ si~' enclosed ~h ~he pe~. or.a-c~y";f le~er of appr~al-":':]'-:. sh~l be pro~ec~ed, fr~ ~he reacher'and pos~ In a co~plciuus location a= =he ~ork si~e ~:til completion of authorized work.' ........... ' ...... D. A= ~8 hours .~s~ prior ~o c~enc~e~ of =he project, the pe~==ee sh~l co~lete and retu~ the top portion of the en~o~ed receipt fo~ certify~g ~ha~ he is fully aware of and unders~ds al~ provisions and conditions of ~' :his pe~i~. Within one reek of c~ple:!on of ~he pe~:~ed work, ~he '}:, bo~ portion of =ha~ fo~ sb~l ~so be c~le~ed and re~u~ed. E. Fo~ projects invol~ng activities ~o. }e acc~plished ~er a period or more ~ one year, nbe pe~u=ee sb~ no~y ~e Regi~sl Pe~u Ad~isura=or · ~ ~l~ing aU leasu 18 hours ~o nhe c~euc~en~ o~ res~p~lon si york ~ch' .:. ~ year. :. .. .. -:.(,,... · . .: ~.. . -..- ,,~ "":"'If pr :" " ' . OJec~ d~i~ mod~ica~o~' cake plac~ ~ pe~C issuance, the. ~ Perigee sh~ sub~ ~he apProp~a~e pl~ ~ge~ ~or approval by ~e ·; "~':/. ~+~on o~ ~ m~ ~p~.~r ~ c......: ..... · . . ..... ~- · ~~u~cs, ep~ coa~s, p~,~s,' c~cre~e, l~ch~ce or ~y o~er .. ' "' ~{.~(?~/'2_~°~ta~3Y d~eterious ~!s associated ~ ~e proJec~ work." -...L~.-. -j o~tne' :u~ro~:~ C~se~a:ion L~. - '. ....... 't "' l'~: .{.~'%.*-tv'P - ~'.' ...,..*' .-. ;. .. .... . . . .' . . . ; . . ' ' ' .. ' - ...' ..... I...N~e pe~::ee is acv!sed :o ob:~n 'any 9e~:s o: appr~s :ha= nay se . :. · ....: , '.'required fr~ =he U.S, Depart: of ~ Co~s of ~gine~rs, ~ Dfs:~c:~- '" ,'...':/.....- 26 ~ed~ 21~a, N~ York, hT 10278, (A::en:lon:. Re~a:o~ ~c~S ' - -- ]';~Z:' · · ~r~), p~or Co co~c~c of ~ork au~o~ herein. - "~e ' ...... '~ .' .... "' ' - ':. :...L~" ".. ".. · ..' .' '., ' ...'- -... L.'.. Y~:':. J''- .,~~Cing of ~is~e~c does nsc :~e.~e pe~:Cee of :he ' ' ""...'-' ' [ '.'.. from ~e Division of Land Ut(]~za~on, Of[ice of G~er~ Sea,ices, T~er " .. . ~u~d~g, ~p!ra S:a~e Plea, ~b~, h~ 12242, ~ ~y be req~red for " any encroam%~ent upon S~:~ed lan~s under wa:er.· ':"~'' D£~-~'"'~.' 10-8'6a0'/i3~ Page 3 of 3 .... ~ldg. 40, SUh-~--Room 219 New York State Department of Environmental Conservation HOfiCE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law fOr work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact tha Regional Permit Administrator listed below. Please refer to the permit number showa when contacting the DEC. Expiration Date ~[~~? ~ (,,~,~ This notice Is not a permit Regional Permit Administrator October 21, 1986 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Winds Way Building Corp. Linden Avenue, Cutchogue, NY Dear Sirs: In connection with the above, enclosed herewith please find six (6) prints of subdivision survey amended 10/29/86 to include a calculation of the area of upland and wetland in Lots 2, 3 and 4, pursuant to your written request of 10/8/86 (copy enclosed). Please confirm that this submission meets the conditions of your 10/6/86 sketch plan approval. Sincerely, Encs. cc: Winds Way Building Corp. MAI N ~E}AD March 27, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Winds Way Building Corp. Linden Avenue, Cutchogue, N.Y. Dear Sirs: Enclosed endorsed pursuant please find copy of subdivision map in the above matter with the approval of the Suffolk County Dept. of Health to Article VI of the Suffolk County Sanitary Code. In accordance with your letter of October 8, 1986, (copy enclosed for your reference) we ask that this matter now be scheduled for a public hearing. Thank you for your cooperation in this matter. Sincerely, ~'RH~/df ~ / Encs. cc: Mr. Robert Wendell  D T iLD Y Southold, N.Y. 11971 (516) 765-1938 October 8, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Winds Way Building Corp. located at Linden Avenue Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, October 6, 1986. RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of Winds Way Building Corp. located at Linden Avenue, Cutchogue, survey dated as amended October 1, 1986, tax map no. 1000-116-1-8, subject to : Amended surveys indicating the amount of upland versus the amount of wetland on Lots 2, 3, and 4. Would you forward six (6) of the above mentioned surveys including the items on the enclosed sheet for our referral to the County Planning Commission. Upon receipt of approval from the Health Department pursuant to Article 6, we will schedule a public hearing on 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 eric. Southold, N.Y. 11971 (516) 765-1938 June 23, 1986 NEGATIVE DECLARATION 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 Winds Way Building Corp. is located at Linden Avenue, Cutchogue, for 4 lots on 13+acres. Tax Map No. 1000- 116-1-8. 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 Suffolk County Department of Health Services has no objection to our designation of lead agency. They have received an appliction and it is incomplete. The propsoed action appears to conform to the minimum lot size requirements of Article 6. However, the depth of the well must beat least 40 ft. into the ground water table. Your submitted well information indicating the depth of the well into the water table is only 23.5 feet. Because there has been no correspondence from the Department of Environmental Conservation in the alotted time, it is assumed that there are no comments nor objections from that agency. This project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary, Southold Town Planning Board, Town Hall, Main Road, Southold, NY 11971 Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Flack, DEC Commissioner NY State DEC Rudy Bruer, esq. Supervisor Francis J. Murphy October 2, 1986 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Winds Way Building Corp. Linden Avenue, Cutchogue, NY Dear Sirs: Pursuant to your written request of 9/17/86 (copy enclosed), we enclose herewith three (3) prints of survey revised to show additional tie line courses for the westerly boundary of the property, bordering on the creek. Please confirm that the matter of sketch plan approval will appear on your October 6, 1986 agenda. Sincerely, RHB/df Encs. cc: Winds Way Building Corp. September 25, 1986 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Winds Way Building Corp. Linden Ave., Cutchogue, NY Dear Sirs: Thank you for your letter of 9/17/86. We have been in touch with Mr. Van Tuyl's office and have been advised that it is impossible to provide metes and bounds along the westerly boundary of this property. They will, however, provide multiple tie line courses. Is this sufficient for your purposes? Could you kindly explain the need for this information? Sincer/ely, / i ; Rud)~lph H. Bruer RHB/df Encs. cc: Winds Way Building Corp. T LD Southold, N.Y. 11971 (516) 765-1938 September 17, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re; Winds Way Building Corp.(Linden Avenue) Dear Mr. Bruer: The Planning Board reviewed the above mentioned subdivision at the Monday, September 15, 1986 meeting. It was the consensus of the Board to request that the surveys be amended to include the metes and bounds description for the westerly boundary of the property which borders on the creek. The Board will make another inspection of the premises prior to any action. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMA~r SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary WINDS WAY BUILDING CORP. Following field inspections, the Board requested the calculation on the upland versus the wetland. COUNTY OF SUFFOLK P£T[g F. COHALA.~ SUFFOLK COUNTY ~e are ~n receipt ot your ~etter dated above referenced project. P~--~/-- OC~/ concerning the This Department has no objection to your designation of lead agency status. Insufficient information is available for technical comments. There is no record of an application to this Department. [] A more accurate project location is needed· (Suffolk County Tax Map No.) This Department has received an application and it is: [] Complete Incomplete ~ [] Other: D 5. It appears that the project can be served by: Sewage Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: WWM-067 (OVER) (516) 548-331q [] 5. (cont'd) Water Supply System [] A Public Water Supply System [] Individual Water Supply System(s) [] Other: 6. Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Articles V and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full considera- tion in placement of water supply wells and disposal systems is given to State and Town wetland requirements. The Health Depart- ment maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Articles VII and XII. The Lead Agency is requested to forward a copy of this form to the applicant with its findings. ~ ~/.~j~ / , · ,., . Yurtber comment may be provided upon completion of the application review. Phone Southold, N.Y. 11971 (616) 765-1938 February 25, 1986 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Winds Way Building Corp. located at Cutchogue, tax map no. 1000-116-1-8. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until March 11, 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRM3kN SOUTHOLD TOWN PLANNING BOARD enc. cc: Department By Diane M. Schultze, Secretary of Health Services MAIN RDAD February 20, 1986 FEB 2 0 1986 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Winds Way Building Corp. Linden Ave., Cutchogue, NY Dear Sirs: Pursuant environmental assessment Sincerely, RHB/df Encs. cc: Winds Way Building Corp. to your request of 2/13/86, we enclose herewith short form for your referrals under SEQRA. PART I I PROJECT NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVIS ON OF REGULATORY AFFAIRS I Stata Environmental Quality Ravlew SHORT ENVIRONMENTAL ASSESSMENT FORM ~FB For UNLISTED ACTIONS Only ' Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor Rudolph H. Bruer - atty. for applicant 3. Project location: Linden Ave. I2. Project Name Winds Way Building Corp. Municipality Cutchogue County Suffolk 4, Is proposed action: [] New [] Expansion [] Modification/alteration 5. Describe project briefly: Subdivision of 13.5 acre parcel to create four (4) residential building lots Precise location (road intersections, prominent landmarks, etc. or provide map) See location map attached hereto 7. Amount of land affected: fnitiaUy 13 · 5 acres Ultimately 13.5 acres 8 Will proposed action comply with existing zoning or other existin8 land use restrictions,' [] Yes [] No If No, describe briefly 9 What is present land use in vicinity of project? [] ResidenBa[ [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other ' Other - Country Club "~ 10 Does action involve a permlt~approval, or funding, now or u[timateJy, from any other governmental agency (Federal, state or Iocal)~ [~[ Yes [] No If yes, list agenc,~) and permiUapprovals N.Y.S. DEC - Permit to subdivide (Tidal Wetlands Permit) Suffolk Co. Dept. of Health - Permit to subdivide (Article VI approval) 11 Does any aspect of the action have a currently valid permit or approval? [] Yes [] NO If yes, list agency name and permitjapproval type 12 As result of proposed action will existing permit/approval require modification~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDCE ApplicanUspo?~dr~me: Rudolph H. B~ruer Date: 2/20/86 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) C. Could action result in ANY adverse effects on, to, or arising from the following: [Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levees, existing traffic patterns, solid waste production or disposal, potential for erosion drainage or flooding problems~ Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain brietIy. PART Ill Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its {al setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fl magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. The~ proceed directly to the FULL/LONG FORM CAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentatioa that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and op attachments as necessary, the reasons supportng this determination: 102 116 109 .K Agency 134 I10 QIf ~ Kimo Pt PROPERTY MAP INOE:X ....... 24 OF ~0 T '~; L D Southold, N.Y. 11971 (516) 765-1938 February 13, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Winds Way Building Corp. located at Cutchogue (Linden Aven.) Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, February 10, 1986. RESOLVED that the Southold Town Planning Board declare itself lead agency under the State Environmental Quality Review Act for the minor subdivision of Winds Way Building Corp. located at Linden Avenue, Cutchogue. An initial determihation of non-significance has been made. Would you please fill out and return the enclosed short environmental so we may make our referrals under SEQRA. The Board requests that the property be staked for inspection. Pleasenotify our office when this has been done, so a field inspection could be scheduled. Also, the Board requests that the wetland area be calculated, a'nd the Town 75' setback from the wetland _~¥%~/~ area be indicated on the survey, as well as, the setback from the flood plain If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD (~,~ ]~ ~9~4~1~HOLD Southold, N.Y. 11971 (516) 765-1938 January 28, 1986 Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Winds Way Building Corp. Linden Avenue, Cutchogue Dear Mr. Bruer: The Planning Board reviewed the above mentioned application at the Monday, January 27, 1986 meeting. It was the consensus of the Board to conduct a field inspection of the premises prior to any recommendations or action. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAI~N SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary (:,he..¢_..l,c. ~u-t Fo~-v'- Cc,-e. hor~,..t~ Io¢--q-..h,::,~ I January 10, 1986 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Proposed minor subdivision of Winds Way Building Corp. Linden Avenue, Southold, N.Y. Dear Sirs: On behalf of our client, Winds Way Building Corp., we submit herewith twelve (12) copies of a sketch plan showing a proposal for a minor subdivision of its property at Cutchogue, New York. Also enclosed is my affidavit, in compliance with Article IV, Section A106-40(B) of the Town Code. We respectfully request that this submission be reviewed at your earliest meeting date. Sinc ,~, / ~ R~B'/df Encs. JAN 13 RE: Proposed minor subdivision of Winds Way Building Corp. Linden Avenue, Cutchogue, New York STATE OF NEW YORK) )SS.: COUNTY OF SUFFOLK ) RUDOLPH H. BRUER, being duly sworn, deposes and says: THAT he is an attorney, licensed to practice law in the State of New York, and that he resides at (No#) Main Road, Southold, New York; THAT he knows that WINDS WAY BUILDING CORPORATION, having its principal office at (No#) North Road, Southold, N.Y. 11971, HAROLD L. SCHEBE, residing at (No#) Bayview Drive, East Marion, N.Y. 11939, ROBERT E. SCHEBE, residing at 232 Tahlulah Lane, West Islip, N.Y. 11795 and RUDOLPH W. CRETEUR, residing at 10 Smugglers Cove, Huntington, N.Y. 11743, are the owners of the premises subject to this submission, and THAT MARY M. KELLEHER and SARAH MOORE, both residing at (No#) Suffolk Avenue & Moores Lane, Cutchogue, N.Y. 11935, are the holders of a first mortgage on this property in the sum of $350,000.00, and THAT the above mentioned are the only persons or entities having an interest, direct or indirect, in this proposed subdivision; THAT your deponent makes this affidavit in compliance with Article IV, Section A106-40(B) of the Southold Town Code, knowing that the Southold Town Planning Board will rely upon the statements herein. Sworn to before me this 10th day of January, 1986 N~ry Public MARY DIANA FOSTER NOTARY PUBLIC, State of New York No, 52-4655242, Suffolk County Commission [xpires March 30, 1~ ~ Rudolph H. Bruer 0 OCT 3 1986 ,9. ,.c. ZPg<:, Z';', t~d45' , ., ~ ~/l" '"'" .... ~ ' '' ~'" "~'>' ":~ FILE,,~un.~c- ~ .~'.'-,., SUFFOLK CO PLANNING DEP] SUB, D REVIEW SEC/ION ~e subdivision of this property, as proposed, has been DIS~PRO~D by the Suffolk County Planning , q PECONIC