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HomeMy WebLinkAbout1000-113.-2-1.2 . 111111111111111111111111111111111111I111111111111111111 11111111111111111111I1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 10 Receipt Number : 05-0058023 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Section: 113.00 EXAMINED Following Fees For Block: 02.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $30.00 $5.00 $0.00 $6.50 $0.00 Handling NYS SRCHG Notation RPT . Recorded: At: LIBER: PAGE: Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County' 05/31/2005 11:16:01 AM 000012389 816 Lot: 001. 001 $5.00 $15.00 $0.00 $30.00 $91.50 Exempt NO NO NO NO Recordin & Endorsement Pa C!--r p ~ (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of ~~J//>"'O'" ,j In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. tJw . Number of pages LV TORRENS Serial # Certificate # Prior Of # " \ ,,'I: Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page / Filing Fee Handling )0- 5, 00 TP-584 Notation ./' )5 EA-52 17 (County) EA-5217 (State) R.P,T.S.A. Sub Total Jo:- Comm. of Ed. Affidavit nA Certified Copy vO '- NYS Surcharge Other 5. 00 fOrD IS, 00 Sub Total Grand Total 4 Dist. Section Block Lot 00 ' 0';;.00' OCJ / 00 I Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ~J;2/C/T1 ::5/0 cdO ~cJ(/7Ck.0 c ~oR.c~ (d.'.> , AS/" ~,q/.v 7 AJY //9 II Co. Name Title # 8 Suffolk Count This page forms part of the attached I! / ~LTY -I;J (' . TO . ~:ECOPDED '~:'n:"']I.'::; 31. j. 1.; 16~ Di Ri"! Ed ,:'3 rd F'" Forr:,'j i. n.'? CLEPK OF ~;UFf:OU< COUf..jT'./ i-' _~j .:, I:, Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2, Additional Tax Sub Total Spec.lAssit. or Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointtnent Transfer Tax Mansion Tax The property covered by this mortgage or will be improved by a one or tw family dwelling only, YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD Title Com an Information e made by: (over) . . DECLARATION AND COVENANT THIS DECLARATION made the 20 day of May 2005 by KIT REALTY, INC., a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck", as shown on Final Plat last dated July 30, 2004 prepared by Young and Young, Licensed Land Surveyors, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the fOllowing covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. The use and development of the portion designated as Agricultural and Open Space Easement Area on Lot Number 27 of the Fields at Mattituck subdivision, will forever be restricted to . . some or all of the following: (a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples. peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; (b) Open fallow; (c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; (d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. (e) specifically excluded is Commercial Composting 2. The following shall be adhered to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and the agricultural value of said premises: . . (a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. (b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. (c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. (d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. (e) No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted thereon. (f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut or removed therefrom. (g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. (h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of . . display. (i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 27 as designated on the final subdivision plat for "The Fields at Mattituck". Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. (j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. (k) The aforementioned not withstanding, specifically permitted shall be the construction of underground utilities, including public water supply. (1) Subject to the existing and/or relocated 25' wide Right of Way from Stanley Road to Bergen Avenue. 3. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 4. There shall be no further subdivision of any lot within the subdivision within perpetuity. 5. Lots I through 21 and part of Lot 27 identified on the map as "Easement Storm Water Retention Area" and "Natural Vegetation Retention Buffers" shall be noted within the deed description of each lot and are subject to the following: . . There shall be no disturbance of any kind within the Non Disturbance Natural Vegetation Retention buffer area, except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, within this area and the prohibition of and any type of grading or clearing of the natural growth within this area. The Declarant covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat. It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat. No clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with an approved plan by the Southold Town Planning Board with species native to the State of New York. Notwithstanding the above, the Natural & Undisturbed Vegetative Retention Buffer may be supplemented with additional native vegetation without Planning Board Approval and a fence may be located along the north property line of the subject premises (lots 1, 2 and 3) . 6. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 7. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to . . the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 8. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. '-"-" ",...,.".~. .~; I;' ~--~ i t~' __"'~i:f<::" ,.,.. ~''ll'':~'''''~ ",.,.,,.,,;0:'-, :..:'_h. ';;:"':.t.,..~. /",~~._---.."..~..""",- _"~."_"""",,,.>~.,,,"_,.,..__w.-,.,,<,~--- ~ . . CHICAGO TITLE INSURANCE COMPANY Title No.: 3804-01076 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF BERGEN AVENUE, DISTANT 440.55 FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF BERGEN AVENUE WITH THE WESTERLY SIDE OF COX NECK ROAD, THENCE ALONG THE NORTHERLY SIDE OF BERGEN AVENUE SOUTH 75 DEGREES 36 MINUTES 30 SECONDS WEST 860.63 FEET TO THE EASTERLY LINE OF COOPERS LANE, THENCE ALONG THE EASTERLY SIDE OF COOPERS LANE NORTH 24 DEGREES 47 MINUTES 40 SECONDS WEST 201.58 FEET, THENCE STILL ALONG EASTERLY SIDE OF COOPERS LANE NORTH 22 DEGREES 18 MINUTES 50 SECONDS WEST 269.53 FEET, THENCE ALONG LAND NOW OR FORMERLY OF DAVID COOPER THE FOLLOWING 13 COURSES: 1) NORTH 22 DEGREES 33 MINUTES 50 SECONDS WEST, 789.50 FEET, 2) NORTH 67 DEGREES 18 MINUTES 10 SECONDS EAST, 189.71 FEET, 3) NORTH 68 DEGREES 46 MINUTES 10 SECONDS EAST, 307.64 FEET TO A MONUMENT, 4) NORTH 23 DEGREES 13 MINUTES 30 SECONDS WEST 107.78 FEET, 5) NORTH 28 DEGREES 18 MINUTES 30 SECONDS WEST, 150.43 FEET, 6) NORTH 16 DEGREES 38 MINUTES 10 SECONDS WEST, 204.12 FEET, 7) SOUTH 59 DEGREES 23 MINUTES WEST, 234.69 FEET, 8) SOUTH 62 DEGREES 51 MINUTES WEST, 266.94 FEET, 9) NORTH 21 DEGREES 29 MINUTES WEST, 854.13 FEET, 10) NORTH 22 DEGREES 39 MINUTES WEST 200.06 FEET, 11) NORTH 20 DEGREES 18 MINUTES WEST, 410.85 FEET, 12) NORTH 15 DEGREES 57 MINUTES WEST, 100.40 FEET, 13) NORTH 23 DEGREES 15 MINUTES WEST, 29.52 FEET, THENCE ALONG THE SOUTHERLY LINE OF LAND NOW OR FORMERLY OF EASTMAN, ROHDENBURG & SMITH, NORTH 68 DEGREES 11 MINUTES 10 SECONDS EAST, 838.08 FEET TO THE WESTERLY LINE OF LAND NOW OR FORMERLY OF SLEDZUISKI AND OTHERS, THENCE ALONG SAID LAND THE FOLLOWING COURSES AND DISTANCES: 1) SOUTH 21 DEGREES 48 MINUTES 40 SECONDS EAST, 674.00 FEET, 2) SOUTH 23 DEGREES 14 MINUTES 40 SECONDS EAST, 100.03 FEET, 3) SOUTH 22 DEGREES 00 MINUTES 50 SECONDS EAST, 561.63 FEET, 4) SOUTH 22 DEGREES 17 MINUTES 50 SECONDS EAST, 545.10 FEET, 5) SOUTH 20 DEGREES 30 MINUTES 20 SECONDS EAST, 100.06 FEET; 6) SOUTH 21 DEGREES 45 MINUTES 40 SECONDS EAST, 93.79 FEET, 7) SOUTH 19 DEGREES 45 MINUTES 20 SECONDS EAST, 100.06 FEET, 8) SOUTH 22 DEGREES 28 MINUTES 40 SECONDS EAST, 200.40 FEET, 9) SOUTH 18 DEGREES 36 MINUTES 50 SECONDS EAST, 100.15 FEET, 10) SOUTH 23 DEGREES 03 MINUTES 40 SECONDS EAST, 200.05 FEET; 11) SOUTH 22 DEGREES 57 MINUTES 30 SECONDS EAST, 684.74 FEET TO THE NORTHERLY LEGALA -LEGAL DESCRIPTION CONTINUED- . . CHICAGO TITLE INSURANCE COMPANY Title No.: 3804-01076 LEGAL DESCRIPTION SIDE OF BERGEN AVENUE TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY, DISTRICT 1000 SECTION 113.00 BLOCK 02.00 LOT 001.001 ") 4' ...."/. ""-e......- ,.U Jt,-- '. ii~ ~o"".-"lr!_,/"~'":.._~~;':i~,'~"";,..~'J,;'h1~'J.*-~-'''"''''",......'''''''' ;""""-'-'''; p>.~_~..~"7""~i""..:w.-,..".:<'h"';;'_'_:~'~_"'_ -......-............ ...~~ ~~"",. -.-- _~;".,..~f."N.. - LEGALA 'LEGAI~ DESCRIPTION CONTINUED- . . IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY I INC. ~ BY: g~~7/C'~; ~eph acari STATE OF NEW YORK ss. : COUNTY OF SUFFOLK ,i-f On the ;:)0 day of Mrt,/ , ~oos: before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ~~((~4~~' Notary Public MARGARET C. RUTKOWSKI Notary Public, State of New YoIt No. 4982528 Qualified In Suffolk Counlf.., DO? CommllIsIon ExplI8I June a. ~ ( , \ ~ 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 06-0002131 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 113.00 EXAMINED Following Fees For Block: 02.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $18.00 $5.00 $5.00 $5.00 $0.00 Handling NYS SRCHG Notation RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 5\- .-,--. 1\.\ 01/09/2006 12:30:05 PM 000012429 522 Lot: 001. 001 $5.00 $15.00 $0.00 $30.00 $83.00 Exempt NO NO NO NO [!] . Number of pages TORRENS ~:ECOP[)ED Yln;::, J.3ri 0'::' i2~3D;05 Fr'l C:LE~J:: DF Serial # '~~:UFFCL(." CDUt'~T;',' [{iD01242? Certificate # _ t::.~,.-. Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Mortgage Amt. 1. Basic Tax .2. Additional Tax Sub Total Spec.! Assit. or Spec./Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 4 Dist. Real Property / Tax Service Agency Verification Section Block Lot 5 Community Preservation Fund 1000 11300 0200 001001 Consideration Amount $ CPF Tax Due $ Improved Vacant Land 6 SatisfactionslDischargeslReleases List Property Owners Mailing Address RECORD & RETURN TO: TO ~TRICI/1 "'S/O dO 0"0.)1/70<- :) {!. ~oe,c~ ~/' p>. TO ~rrJ,J Nyl TO 119'7/ 7 ,J'J' Co. Name Title # , an Information lel/c7 -L ';.J (' . 8 Suffolk Count & Endorsement Pa e This page forms part of the attached /~T ~'-T-I ~c. I ..c t!Lflel1 TI/),v (SPECIFY TYPE OF INSTRUMENT) made by: TO The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ~O<J(I1'OL. ) In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) . . DECLARATION AND COVENANT REGARDING ROAD DEDICATION AND HOMEOWNERS ASSOCIATION ) t:tA 0Pw. l.~lD _ THIS DECLARATION made theOday of ~ly LOO~ by KIT REALTY, INC., a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is th~ owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck", as shown on Final Plat last dated July 30, 2004 prepared by Young and Young, Licensed Land Surveyors, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all "purchasers and holders of said premises, their heirs, executors, '..~,. -,' ... ," ,.., ',-", ....., .,..:,."'-'.... . . legal representatives, distributees, successors and assigns, to wit: 1. The subdivision road known as "Stanley Road" and "Fawn Lane" is intended to be dedicated to the Town of Southold and become public roads. However, in the event that the Town of Southold does not accept said roads for dedication, the declarant hereby agrees to create a Homeowners Association which Association will take title to the roads and be responsible for the cost of snow removal, continued maintenance, repair and or replacement of said roads. 2. The Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to this Covenant and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. 4.These Covenants shall be null and void upon acceptance of the dedication of the roads by the Town of Southold. -'1f:,-"",.'-, --::.:-.1,."-. OJ,\t,, ..:", '.-!" r--= 1 l IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. STATE OF NEW YORK ss. : COUNTY OF SUFFOLK On the ~ day of 0~, , 7.ffi\.Q. before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _A_ ___.._M ........- Z ,-1II_CIMlIII 7 "",'1 ".w.h.dU ..........~ COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK . I JUDITH A. PASCALE, Acting Clerk of the County of Suffolk and the Co~ of Record thereo:t) hereby certify that I ~aye compared the . . . <=11 ~A DnTlflrv. RECORDEDmmy annexedwiththeongmal.. .._<.<.... ...t:J.!.... .............. .' office .J..:?'.1.J.;;).Cj .. .68?f.... and, that the same IS a true copy thereof, and bfthe whole of such original. fi d In Testimony Whereof, I have her?~et ~y hand and af Ixe ~ the seal of said County and Court this............. 'lJ:~ P 10 9Ht..~-:r-l..(1.l2.r.~~ ~ ACTING CLERK ~ C.AGO TITLE INSURANCE COMPtIv Title No.: 3804-01076 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTI TUCK , TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTHERLY SIDE OF BERGEN AVENUE, DISTANT 440.55 FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF BERGEN AVENUE WITH THE WESTERLY SIDE OF cox NECK ROAD; THENCE ALONG THE NORTHERLY SIDE OF BERGEN AVENUE SOUTH 75 DEGREES 36 MINUTES 30 SECONDS WEST 860.63 FEET TO THE EASTERLY LINE OF COOPERS LANE; THENCE ALONG THE EASTERLY SIDE OF COOPERS LANE NORTH 24 DEGREES 47 MINUTES 40 SECONDS WEST 201.58 FEET; THENCE STILL ALONG EASTERLY SIDE OF COOPERS LANE NORTH 22 DEGREES 18 MINUTES 50 SECONDS WEST 269.53 FEET; THENCE ALONG LAND NOW OR FORMERLY OF DAVID COOPER THE FOLLOWING 13 COURSES, 1) NORTH 22 DEGREES 33 MINUTES 50 SECONDS WEST, 789.50 FEET; 2) NORTH 67 DEGREES 18 MINUTES 10 SECONDS EAST, 189.71 FEET; 3) NORTH 68 DEGREES 46 MINUTES 10 SECONDS EAST, 307.64 FEET TO A MONUMENT; 4) NORTH 23 DEGREES 13 MINUTES 30 SECONDS WEST 107.78 FEET; 5) NORTH 28 DEGREES 18 MINUTES 30 SECONDS WEST, 150.43 FEET; 6) NORTH 16 DEGREES 38 MINUTES 10 SECONDS WEST, 204.12 FEET; 7) SOUTH 59 DEGREES 23 MINUTES WEST, 234.69 FEET; 8) SOUTH 62 DEGREES 51 MINUTES WEST, 266.94 FEET; 9) NORTH 21 DEGREES 29 MINUTES WEST, 854.13 FEET; 10) NORTH 22 DEGREES 39 MINUTES WEST 200.06 FEET; 11) NORTH 20 DEGREES 18 MINUTES WEST, 410.85 FEET; 12) NORTH 15 DEGREES 57 MINUTES WEST, 100.40 FEET; 13) NORTH 23 DEGREES 15 MINUTES WEST, 29.52 FEET; THENCE ALONG THE SOUTHERLY LINE OF LAND NOW OR FORMERLY OF EASTMAN, ROHDENBURG & SMITH, NORTH 68 DEGREES 11 MINUTES 10 SECONDS EAST, 838.08 FEET TO THE WESTERLY LINE OF LAND NOW OR FORMERLY OF SLEDZUISKI AND OTHERS; THENCE ALONG SAID LAND THE FOLLOWING COURSES AND DISTANCES, 1) SOUTH 21 DEGREES 48 MINUTES 40 SECONDS EAST, 674.00 FEET; 2) SOUTH 23 DEGREES 14 MINUTES 40 SECONDS EAST, 100.03 FEET; 3) SOUTH 22 DEGREES 00 MINUTES 50 SECONDS EAST, 561.63 FEET; 4) SOUTH 22 DEGREES 17 MINUTES 50 SECONDS EAST, 545.10 FEET; 5) SOUTH 20 DEGREES 30 MINUTES 20 SECONDS EAST, 100.06 FEET; 6) SOUTH 21 DEGREES 45 MINUTES 40 SECONDS EAST, 93.79 FEET; . 7) SOUTH 19 DEGREES 45 MINUTES 20 SECONDS EAST, 100.06 FEET; 8) SOUTH 22 DEGREES 28 MINUTES 40 SECONDS EAST, 200.40 FEET; 9) SOUTH 18 DEGREES 36 MINUTES 50 SECONDS EAST; 100.15 FEET; 10) SOUTH 23 DEGREES 03 MINUTES 40 SECONDS EAST, 200.05 FE&T; 11) SOUTH 22 DEGREES 57 MINUTES 30 SECONDS EAST, 684.74 FEET TO THE NORTHERLY LEGAL'\. -LEGAL DESCRIPTION CONTlNUED- 1\ _ ~CAGO TITLE INSURANCE COMPly Title No.: 3804-01076 LEGAL DESCRIPTION SIDE OF BERGEN AVENUE TO THE POINT OR PLACE OF BEGINNING. FOR INFOR~TION ONLY: DISTRICT 1000 SECTION 113.00 BLOCK 02.00 LOT 001.001 "'", t ~" --. "''''':Il,~',,_, ' ;T"""",,,.""'"" (1.. ~ ",,,,c1'/''' "'In ;~~i;;~d">.~:'t'!t<'L__j.i:<'",,,,",,,,,~~,,+.'<";;'''.;i..'F,>,!,,,......c:~r-~.''; ",--,,,,,,,,",,"" ~">' ., -"'t,;, """,,,:!><.., "''''''''" -~,"""..,...,;,"'~ ! -_~~~:..?_"';:.,~:.i>;".",,,.,_.:"..,_'->;....;.~.....~~v_'"'). LEGAlA. -LEGAL DESCRIPTION CONTINUED- .._~ , j f -"'" .' E PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR March 14, 2012 souryo�y Zell- NT1,�" PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Chris Dwyer c/o L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 0 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Proposed Amended Covenants and Restrictions: The Fields at Mattituck Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A -C Dear Mr. Dwyer: The Planning Board reviewed the application referenced above at their March 12, 2012 Work Session to discuss the recent request to amend the covenants to allow for a road through the open space. Upon consideration of this, they are unwilling to allow for a road through the Proposed Agricultural Use Area if the applicant wishes to retain the right to develop the reserved area located next to Bergen Avenue with a residence. If you have any questions regarding the above, please contact this office. Very truly yours, Sc Alyxandra abatino Planner cc: Heather Lanza, Planning Director Planning Board Project name: Bayberry Estates j SCTM# 1000-55-6-35, 55-6-36, X5611 Location.on the west side of Laurel Avenue, approximately 150 feet south of Yennecott Drive in old Descrip tion: This proposal is for a Standard Subdivision of a 50.0609 acre parcel into 18 los and two (2) openspaceparcels where the lots range in size from 28,235 square feet to 36,400 square feet, with the open space parcels totaling 35.0227 acres, excluding the wetlands in the R-80 Zoning District. Status: Conditional Preliminary Approval Action: I Review Engineer's comments. Attachments: I Staff Report 3:30 p.m. Executive Session 3:45 p.m. Review Public Meeting Agenda Lanza, Heather From: Scott Stay [ss@winhavengroup.com] Sent: Thursday, October 27, 2011 5:34 PM U To: Lanza, Heather Cc: Jonathan Winston; Tony Macari (tmacari@winhavengroup.net) Subject: [New Sender - ] - The Fields at Mattituck- Winhaven Associates Public Hearing - Message is from an unknown sender Good Evening Heather - This email serves as our formal request to postpone the public hearing for The Fields at Mattituck Planning Board Application to add a secondary road. Please reply that you have receive this request at your earliest convenience. Best Regards, Scott Scott M. Stay I Winhaven Group LLC 590 Madison Avenue, 21st Floor I New York, NY '10022 + 1 ;1'12 521 4016 Office I +1 212247.244"7 Mobile 0 #10432 STATE OF NEW YORK) )SS COUNTY OF SUFFOLK) 0 Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES.. a weekly newspaper, published at Mattituck, 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_ week(s), successively, commencing on the 3rd day of November,_ 2011 Sworn to before me this LEGAL NOTICE. Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the: Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of November, 2011 on the question of the following: 430 p.m. Proposed Lot Linc Modifi- cation for Fishers Island Development Corp. & Malinowski located on a r.o.w .off of Oriental Avenue, Fishers Island, Town of Southold, County- of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-11-3 & 5.1 4:32. p.m. Proposed Amendments to theCovenants& Restrictions for The Fields at Mattituck located n/o Bergen Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- .113-2-1.1. 434 p.m. Proposed Site Plan for the North Fork Self Storage Carport locat- ed at 50 Commerce Drive, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County 'tax Map Number 1000-96-1-1.4 4:36 p.m. Proposed Site Plan for the La Gran Villa Restaurant located at 13000 NYS Route 25,±100' Fast of Love Lane, Malliluck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 114-11-12 Dated: 10/19/11 BY ORDER OFTHI� SOUTHOLDTOWN PLANNING BOARD Martin H. Sidor Chairman 10,432-1T I1/3 i Pri ipal Clerk day of �.l �1� f 2D11. CHRiS?I.2A b'OLINSKI NOTARY PU9UCSTATE OF Nrl-W YORK tt;t. 0': :1061 05030 SePfolk County Vi' Car=nlfaion Fxplres rebruary 23. 2012 411 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI 9 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of November, 2011 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Fishers Island Development Corp. & Malinowski located on a r.o.w off of Oriental Avenue, Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-11-3 & 5.1 4:32 p.m. Proposed Amendments to the Covenants & Restrictions for The Fields at Mattituck located n/o Bergen Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-113-2-1.1 4:34 p.m. Proposed Site Plan for the North Fork Self Storage Carport located at 50 Commerce Drive, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.4 4:36 p.m. Proposed Site Plan for the La Gran Villa Restaurant located at 13000 NYS Route 25, ±100' East of Love Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-11-12 Dated: 10/19/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 3, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • Page 1 of I Randolph, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, October 20, 2011 10:12 AM To: Randolph, Linda Subject: RE: Corrected Legal ad for 11/3 edition of Suffolk Times Hi Linda, I have received the updated notice and we are good to go. Thanks! Candice From: Randolph, Linda [mailto:Linda.Randolph@town.southold.ny.us] Sent: Wednesday, October 19, 20112:09 PM To: Candice Schott Subject: Corrected Legal ad for 11/3 edition of Suffolk Times Importance: High Note changes to the hearing times: Please use the attached ad and confirm receipt. Thank you. Linda From: Randolph, Linda Sent: Wednesday, October 19, 2011 12:04 PM To: 'Candice Schott Cc: Lanza, Heather Subject: Legal ad for 11/3 edition of Suffolk Times Please print the attached legal ad for the November 14, 2011 Planning Board public hearings in the November 3, 2011 edition of the Suffolk Times. An email confirmation of receipt will be appreciated. Thank you, Linda Randolph, Secretarial Assistant Southold Town Planning Board 765-1938 10/20/2011 E PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI 0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of November, 2011 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Fishers Island Development Corp. & Malinowski located on a r.o.w off of Oriental Avenue, Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-11-3 & 5.1 Dated: 10/19/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 3, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The New London Day STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 19th day of October, 2011 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board Southold Town Hall 53095 Main Road Southold New York 11/14/11 Regular Meeting: 4:30 p.m. Public Hearing for the proposed Lot Line Modification for Fishers Island Development Corp. and Malinowski, SCTM#1000-10-11-3 & 5.1 4:32 p.m. Public Hearing for the proposed Amendments to the Covenants & Restrictions for The Fields at Mattituck Major Subdivision, SCTM#1000- 113-2-1.1 4:34 p.m. Public Hearing for the proposed Site Plan for the North Fork Self Storage Carport, SCTM#1000-96-1-1.4 4:36 p.m. Public Hearing for the proposed Site Plan for the La Gran Villa Restaurant, SCTM#1000-114-11-12 Swom to before me this 1 { day of (� b�w , 2011. 0 P Linda Randolph Secretary, Southold Town Planning Board NOTARY EUBLIIE OROSKi C, Sta a of New York No.01D04634870 QualiCommisonfExpiresSeptember ied in Suffolk 30,21a 0 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631765-3136 NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of November, 2011 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Fishers Island Development Corp. & Malinowski located on a r.o.w off of Oriental Avenue, Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-11-3 & 5.1 4:32 p.m. Proposed Amendments to the Covenants & Restrictions for The Fields at Mattituck located n/o Bergen Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-113-2-1.1 4:34 p.m. Proposed Site Plan for the North Fork Self Storage Carport located at 50 Commerce Drive, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.4 4:36 p.m. Proposed Site Plan for the La Gran Villa Restaurant located at 13000 NYS Route 25, ±100' East of Love Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-11-12 Dated: 10/19/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman 0 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI October 18, 2011 • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Chris Dwyer, Consulting Engineer L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631765-3136 Re: Set Public Hearing: Proposed Amended Covenants and Restrictions for The Fields at Mattituck Major Subdivision Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A -C Dear Mr. Dwyer: The Southold Town Planning Board, at a meeting held on Monday, October 17, 2011, adopted the following resolution: WHEREAS, this proposal is to amend the Covenants and Restrictions placed on the 15.49 acre agricultural open space for the Fields at Mattituck subdivision to allow a private road for residential use to be constructed through the open space, providing a second access for the lots in that subdivision. A second amendment proposed is to restrict the building envelope located on Bergen Avenue so that no residential development may occur there; be it therefore, RESOLVED, that the Southold Town Planning Board sets Monday, November 14, 2011 at 4:32 p.m. for a public hearing regarding the map dated August 2011, prepared by L.K. McLean Associates. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Encs. 372 JERICHO CORP. • AMENDMENT TO COVENANTS & RESTRICTIONS FOR THE FIELDS AT MATTITUCK 1000-113-2-1.1 Amend the Covenants and Restrictions placed on the 15.49 acre agricultural open space for the Fields at Mattituck subdivision to allow a private road for residential usq* to be constructed through the open space, providing a second access for the lots in that subdivision. A second amendment proposed is to restrict the building envelope located on Bergen Avenue so that no residential development may occur there. MONDAY - NOV. 149 2011 - 4:32 P.M. 0 0 Town of Southold POCodebookfor Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whever the Code calls for a public hearing this section shall 'apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or Petition shall be provided as follows: A.. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, Place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or Petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set fob below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which - shall be prominently displayed on the premises facing each public or private street which the properly involved in the application or petition abuts, givingnotice of the application or Petition, the nature of the approval sought thereby and the time and place of the public hearing thegWn901e sign shall b"et back not more than 10 foot from the property linOw - The sign shall be displayed for a period of not less than seven days immediately Preceding the date of the public hearing. The applicant. Petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (Z) The applicant or petitioner is required to send notice to the owners of record of every Property ' which abuts and every Property which is across from any public or. private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 0 0 Southold Town Plannina Board Notice to Adjacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for an Amendment to the Covenants & Restrictions; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-113-2-1.1; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application will amend the covenants and restrictions placed on the 15.49 acre agricultural open space for the Fields at Mattituck subdivision to allow a private road for residential use to be constructed through the open space, providing a second access for the lots in that subdivision. A second amendment proposed is to restrict the building envelope located on Bergen Avenue so that no residential development may occur there. The property is located n/o Bergen Avenue, Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the comer of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol. Kalin@town.southold. ny.us; The office will be closed on Tuesday, November 8 & Friday, November 11, 2011. 6. That a public hearing will be held on the matter by the Planning Board on Monday. November 14. 2011 at 4:32 p.m. in the Meetina Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: 372 Jericho Corp./The Fields at Mattituck Date: 10/18/11 L AFFIDAVIT OF POSTING 0 This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 10/14/11 *****w*w*****w*w*ww*xwwwwwwwwxxxxxxwwxwwwwxxwxxxxxwxxxxwxxxwwxwwwwxwwxxwxxwwxxwwxxxxxxxxxxxxxxxxwxxw Re: Proposed Amendment to Covenants & Restrictions — SCTM#s: 1000-113-2-1.1 Date of Hearing: Monday, November 14, 2011, 4:32 p.m. OBT1W o401W SM SEC. 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O o.�u. —fw-- -- —_ Iva+m.a�.�. —n —_"-- ocm f NOTICE cmg3�=SUFFOLKFFOLK © R towxof""' •. .. --'--- �'� _ _ -- �••--w'-- xI� R,o,x�r xrErw.cE..uTERwrwn, a.�ox ervice A en cY vE n 9 taeN ,we"° Ia wIilet I— ____ .NY119%p M1a5'� V TTCNFEF ISS CFO E uFµ mwEarrrwnsEwlrENf'erm P TRl Txp 'm no tt WirvERawx drE.MaI.-mf 105 PROPERTY MM PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI September 27, 2011 Mr. Chris Dwyer • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD c/o L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 Re: Proposed Amended Covenants and Restrictions: The Fields at Mattituck Located No Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A -C Dear Mr. Dwyer: The Planning Board reviewed the application referenced above at their September 26, 2011 Work Session and requires the following to proceed: Provide the information required by James Richter from the Office of the Town Engineer (see attached letter); and 2. Use the new version of the Covenants and Restrictions as edited by the Southold Town Attorney's Office (enclosed); and 3. Add road maintenance language to the Covenants and Restrictions. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Heather Lanza, Planning Director Planning Board Encls: Town Engineer's Comments Edited Covenants and Restrictions Sabatino, Alyxandra K. From: Lanza, Heather Sent: Monday, September 26, 2011 1:17 PM To: Sabatino, Alyxandra K. Subject: FW: The Fields at Mattituck - Amendment of Declaration and Covenant Attachments: amendment of declaration and covenant (2).pdf Aly, n a Page I of I (' Please print this for the mail tray if you haven't already. And then send it to the Town Attorney for review (using the official request form). Heather From: Scott Stay [mailto:ss@winhavengroup.com] Sent: Monday, September 19, 20113:02 PM To: Lanza, Heather Subject: RE: The Fields at Mattituck - Amendment of Declaration and Covenant Good Afternoon Heather - Attached is the amended Declaration and Covenant for The Fields lot 27. The change that we had our attorney make was to section 1, adding the maintenance requirement to the owner of Lot 27. Can you please forward the comments from the town attorney for us to review? Thank you, Scott Scott M. Stay I Winhaven Group LLC 590 Madison Avenue, 21 st Floor I New York, NY 10022 +1 212.521.4016 Office 1 +1 212.247.2447 Mobile 9/27/2011 0 AMENDMENT OF DECLARATION AND COVENANT THIS AMENDMENT OF DECLARATION AND COVENANT made the day of 12011 by WINHAVEN ASSOCIATES LLC, a New York limited liability company with its principal place ofbusiness located at 98 Cuttermill Road, Suite 350S, Great Neck, New York 11021, hereinafter referred to as the "Declarant", states as follows: WHEREAS, Declarant is the owner of Lots 1-17 and Lots 19-27 on a certain map entitled, "Map of The Fields At Mattituck", which Map was filed in the Office of the Clerk of the County of Suffolk on the 31" day of March, 2006 as Map No. 11370, Abstract #15719; and WHEREAS, Declarant's predecessor in title (Kit Realty, Inc.) did heretofore file a Declaration and Covenant made the 201" day of May, 2005, which Declaration and Covenant was recorded in the Office of the Clerk of the County of Suffolk on May 31, 2005 in Liber 12389, Page 816; and WHEREAS, Declarant has made application to the Town of Southold Planning Board for the installation of a secondary road across Lot 27 on the Map of The Fields At Mattituck, which secondary road will tie into Stanley Road on said Map; and WHEREAS, for and in consideration of the Town of Southold Planning Board approving the creation and installation of the secondary road across Lot 27, the Town of Southold Planning Board has required that the Declaration and Covenant dated May 25, 2005 be amended as hereinafter set forth; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of Lot 27 and the other lots shown on the Map of The Fields At Mattutuck. -1- 0 E NOW THEREFORE, the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that Lot 27 on the Map of The Fields At Mattituck shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. A private secondary residential road shall traverse the open space on Lot 27 as depicted on the map prepared by L.K. McLean Associates, P.C. dated 2011. 2. The private secondary residential road will not be dedicated to the Town of Southold and will remain private. This road shall be maintained by the then owner of Lot 27 who shall be responsible for the repair and maintenance of the road, including, but not limited to, re -paving and resurfacing, road cleaning, sanding and snow plowing of the road. 3. There shall be no further subdivision of Lot 27. 4. There shall be no retail sales on Lot 27 except for the sale of items produced on the property, and shall be subject to the approval of the Planning Board. 5. There shall be no residential development on Lot 27. 6. This Amendment of Declaration and Covenant shall run with the land and shall be binding upon the heirs, executors, legal representatives, distributees, successors and assigns of the Declarant. The covenants and restrictions contained herein can be modified only at the request of the then owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. -2- 0 0 IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year first above written. WINHAVEN ASSOCIATES LLC LM STATE OF NEW YORK ) COUNTY OF NASSAU ) ss.: On before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. -3- 0 WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, September 26, 2011 4:00 p.m. Applications Project name: Bayberry Estates SCTM#: 1000-55-6-35, 55-6-36, 56-1-1 Location: ........ _ ..- .......... on the west side of Laurel Avenue, approximately 150 feet south of Yennecott Drive in Southold Description: This proposal is for a Standard Subdivision of a 50.0609 acre parcel into 18 lots and two (2) open space parcels where the lots range in size from 28,235 square feet to 36,400 square feet, with the open space parcels totaling 35.0227 acres, excluding the wetlands in the R-80 Zoning District. Status: Conditional Preliminary Approval Action: Consider extending Conditional Preliminary Approval. Attalchmen 1 9/8/11 letter requesting Conditional Preliminary Extension . J Sabatino, Alyxandra K. From: Sabatino, Alyxandra K. Sent: Thursday, September 15, 2011 3:27 PM To: 'Chris Dwyer'; Scott Stay Cc: Lanza, Heather Subject: RE: The Fields Secondary Road Hi Chris, • The Planning Board has not gone over Jamie's comments yet and might decide not to accept some of his suggestions. After the Planning Board has gone over the comments I can give them to you. You are on the Work Session for September 26th to go over these comments and the C&Rs that were submitted. I have also talked to Jamie regarding the 401r.o.w. instead of the required 501. He is against changing this because it is not in the Town Code. We also need to know how the road is going to be maintained. The Planning Board will decide if it is going to be through the revised C&Rs or though a Road and Maintenance agreement. If you have any questions, please do not hesitate to call. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 -----Original Message ----- From: Chris Dwyer [mailto:cdwyer@lkma.coml Sent: Thursday, September 15, 2011 10:26 AM To: Sabatino, Alyxandra K.; Scott Stay Cc: Lanza, Heather Subject: Re: The Fields Secondary Road Good morning Aly Could we get a copy of Jamie's commenta that were brought up at work session? Thanks Regards Chris Sent from my Verizon Wireless B1ackBerry From: "Sabatino, Alyxandra K." <alyxandra.sabatino@town.southold.ny.us> Date: Thu, 8 Sep 2011 15:14:36 -0400 To: Chris Dwyer<cdwyer@lkma.com>; Scott Stay<ss@winhavengroup.com> Cc: Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: RE: The Fields Secondary Road Hi Chris, You do not have to submit revised copies of the map. See you on Monday. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 1 0 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI September 14, 2011 0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Chris Dwyer c/o L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Proposed Amended Covenants and Restrictions: The Fields at Mattituck Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A -C Dear Mr. Dwyer: The Planning Board reviewed this application at their September 12, 2011 Work Session and agreed to the following: 1. Set a hearing date at the October 17, 2011 Public Meeting for the November 14, 2011 Public Meeting. 2. Consider amending the previous 2006 Covenants and Restrictions to allow a proposed second road in the Open Space. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabati'no Planner cc: Heather Lanza, Planning Director Planning Board • L Submission Without a Cover Letter a�,A" Sender: JC c�� 'A HC LQCc �✓� Subject: �� CQ Cit SCTM#: 1000 - 1 13 - 2 - 1 Date: C)y I , A I `1 Comments: c-/ Fly ( l pq eco /zaLcz sec-, ©nn l — 17 ePo�e� ego • Page I of I Sabatino, Alyxandra K. From: Krauza, Lynne Sent: Monday, September 12, 2011 9:43 AM To: Lanza, Heather; Sabatino, Alyxandra K. Cc: Andaloro, Jennifer Subject: Winhaven Associates Amendment of Declaration and Covenant Attachments: Winhaven C&Rs.rtf Here is the final Amendment with Jen's changes in connection with the referenced matter for your use. Please let me know if I can be of further assistance. Thank you. SEP 1 2 2011 9/12/2011 0 0 AMENDMENT OF DECLARATION AND COVENANT THIS AMENDMENT OF DECLARATION AND COVENANT made the day of 2011, by WINHAVEN ASSOCIATES LLC, a New York limited liability company, with its principal place of business located at 98 Cuttermill Road, Suite 350S, Great Neck, New York 11021, hereinafter referred to as the "Declarant", states as follows: WITNESSETH: WHEREAS, Declarant is the owner of Lots 1-17 and Lots 19-27 on a certain map entitled, "Map of The Fields at Mattituck", which Map was filed in the Office of the Clerk of the County of Suffolk on the 31St day of March, 2006 as Map No. 11370, Abstract #15719; and WHEREAS, Declarant's predecessor in title (Kit Realty, Inc.) did heretofore file a Declaration and Covenant made the 20th day of May, 2005, which Declaration and Covenant was recorded in the Office of the Clerk of the County of Suffolk on May 31, 2005 in Liber 12389, Page 816; and WHEREAS, the May 20, 2005 Declaration and Covenant restricted the use and development of the Agricultural and Open Space Easement Area (portion of Lot 27), including a prohibition of construction of streets, roadways or other rights of way for non -farming, vehicular use; and WHEREAS, Declarant has made application to the Town of Southold Planning Board for the installation of a secondary road across Lot 27 on the Map of The Fields at Mattituck, which secondary road will tie into Stanley Road on 0 0 said Map and requires an Amendment to the May 20, 2005 Declaration of Covenant; and WHEREAS, the May 20, 2005 Declaration and Covenant expressly authorizes the Planning Board to modify the covenants and restrictions at the request of the owner of the premises upon the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing; and WHEREAS, the Planning Board considered the Amendment to the May 20, 2005 Declaration and Covenant at a duly noticed public hearing on 2011; and WHEREAS, the Declarant has agreed to relinquish its right to residentially develop that portion of Lot 27 as depicted on the Map of The Fields at Mattituck and has agreed to amend the May 20, 2005 Declaration and Covenant to reflect same; and WHEREAS, for and in consideration of the Town of Southold Planning Board approving the creation and installation of the secondary road across Lot 27, the Town of Southold Planning Board has required that the Declaration and Covenant dated May 25, 2005 be amended as hereinafter set forth; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of Lot 27 and the other lots shown on the Map of The Fields at Mattituck. NOW, THEREFORE, the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree to the Amendment of the May 20, 2005 Declaration and Covenant and 2 0 0 shall hereafter be subject to the following covenants in addition to those set forth in the May 20, 2005 Declaration and Covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Paragraph 2(e) shall be amended to state as follows: "No streets, roadways or other right of ways for non - farming vehicular use shall be constructed or granted thereon except for a private secondary residential road as depicted on the Map entitled "2011 Conceptual Access Roadway Plan", prepared by L.K. McLean Associates, P.C. dated August 2011." The private secondary residential road will not be dedicated to the Town of Southold and will remain private. 2. There shall be added to, and hereafter included, in the Declaration and Covenant an additional subparagraph identified as 2(m), which shall read and provide as follows: "(m) There shall be no residential development on Lot 27." 3. Except as set forth above, all other provisions of the May 20, 2005 Declaration and Covenant shall remain in full force and effect as currently enacted and recorded. 4. This Amendment of Declaration and Covenant shall run with the land and shall be binding upon the heirs, executors, legal representatives, distributees, successors and assigns of the Declarant. The covenants and restrictions contained herein can be modified only at the request of the then owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be 3 1] entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year first above written. DECLARANT: WINHAVEN ASSOCIATES LLC STATE OF NEW YORK) ) ss.: COUNTY OF ) On this _ day of , in the year 2011, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 0 • WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, September 12, 2011 4:00 p.m. Applications 0 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI 0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Aly Sabatino, Planner Date: September 2, 2011 Re: The Fields at Mattituck Application Name: The Fields at Mattituck Tax Map Number: SCTM#1000-113-2-1.1 Location: n/o Bergen Avenue, Mattituck Type of Application: Sketch Subdivision Map - Preliminary Subdivision Map Amended Final Subdivision Map X_ Road Profiles Grading and Drainage Plans X_ Other X Other Sketch Site Plan Preliminary Site Plan Grading and Drainage Plans Other (AS BUILT) MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1935 F= 631765-3136 (Dated: Z (Dated: 1 (Dated: 1 (Dated: 9/11 ) (Dated: 1 (Dated: 9/11 1 (Dated: 9/11 ) (Dated: 1 (Dated: 1 (Dated: 1 (Dated: 1 Project Description: Consider adding second private road. This property is located n/o Bergen Avenue, Mattituck. Thank you for your cooperation. Enc: 1 Proposed Road Right of Way Plan 1 Conceptual Access Roadway Plan 1 Proposed Road Plan and Profile Submission Without a Cover Letter `6 t Sender: S+" Subject: �1 C 0, c,(, k S t -Lb SCTM#: 1000 - I 1 ,3 - — I. \ Date: C)1' 12 Ci ( t cr_o - � 2011 Comments: 5 C -F -s 5C)a A c �nCc�� GMr�P�dpc� Fri PI ccF 5 c�Tt�s, c c, ���c� 1�1�n G�CI��o�il� � P � SCOTT A. RUSSELL o4$votx o JAMES A. RICHTER R.A. �y ti ; SUPERVISOR :I N ENGINEER TOWN HALL - 53095 MAIN ROAD r TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (631) - 765 -9015 ?� (i '�" p`Y TeL (63 1) - 765 - 1560 JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: The Fields at Mattituck Subdivision SEP SCTM #: 1000 —113 — 02 —1.1 Dear Mr. Sidor: 2011 September 5, 2011 As per a request from your office, I have reviewed the Preliminary Road Plan and Profiles, prepared by the office of LKMA Associates, Inc. dated August 2011, for the installation of a new private road associated with an existing Subdivision as referenced above. Please consider the following: 1. The proposed new road is located on existing subdivision open space. Is this a permitted use on preserved land? 2. The proposed new road has been shown with a 24' wide pavement section. This width does not meet the 28' required by the highway specifications and therefore this road will not be available for dedication to the Town. However, if this road is to remain private, a 24' road section would be considered satisfactory because individual building lots are not indicated and will not require curb cut access. 3. This proposed new roadway is located along an existing maintenance road that is currently used to provide access to the recharge area. In addition, a new retaining wall has been shown to accommodate this proposed new construction. The capacity of the existing recharge area must be taken into deliberation when determining the final elevation of the road and retaining wall. 4. Drainage designs have not been provided. A SWPPP must be prepared to meet the minimum requirements of Town Code Chapter 236 for Storm Water Management. In addition, the proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. Therefore, this project will require coverage from New York State Department of Environmental Conservation (DEC) under the Phase 11 State Pollutant Discharge Elimination System (SPDES) Program. The Developer must prepare a formal DEC SWPPP, submit a Notice of Intent (NOI) and obtain coverage under the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES from the DEC. Coverage under this Construction Activity Permit #: GP -0-10-002 is required prior to the initiation of any work. Please note that the Town of Southold is a regulated, traditional land use control MS4. Therefore, the applicant must submit an MS4 SWPPP and SWPPP Acceptance Form to the Town of Southold for review and approval pdorto submission of the NOI to the DEC. Page 1 of 2 0 0 Martin H. Sidor, Chairman - Planning Board Re: The Fields at Mattituck Subdivision SCTM #: 1000 — 113 — 02 — 1.1 September 9, 2011 Page 2 of 2 5. When this SWPPP is prepared, consideration must be given to the size and configuration of the existing recharge basin. My concern is that this recharge basin has failed in the recent past. Stormwater has overtopped the existing basin and caused flooding & silt damage to down stream residential properties & tidal water bodies. If storm water generated by this proposed road section is to be added to the quantities of run-off that will be directed to this basin there may not be enough capacity during periods of extreme rainfall conditions. The SWPPP should incorporate previous drainage calculations from the original subdivision design. The SWPPP should fully evaluate the overall effectiveness of drainage design for both the proposed road as well as the original subdivision. 6. Will the road system to the existing Fields at Mattituck Subdivision be offered for dedication to the Town? If they are, easements need to be provided to the Town for access to and from the recharge basin over this proposed roadway. In addition, the subdivision recharge basin should also be broken out and separated from the 50' ROW to allow for the basin to be dedicated to the Town. The Planning Board should also establish C&R's to require maintenance of the second recharge area that is located adjacent to the open space. 7. Will the Planning Board be establishing C&R's for this proposed road? There may be issues related to use that the Board may want to control. For instance, if the applicant wants this road to be controlled as a private road they should not be able to use gates or other means that would restrict or prevent emergency access. If you have any questions regarding this review, please contact my office. Sincerely, James A. Richter, R.A. cc: Peter Harris Superintendent of Highways 0 0 AMENDMENT OF DECLARATION AND COVENANT THIS AMENDMENT OF DECLARATION AND COVENANT made the day of 2011 by WINHAVEN ASSOCIATES LLC, a New York limited liability company with its principal place of'business located at 98 Cuttermill Road, Suite 350S, Great Neck, New York 11021, hereinafter referred to as the "Declarant", states as follows: WHEREAS, Declarant is the owner of Lots 1-17 and Lots 19-27 on a certain map entitled, "Map of The Fields At Mattituck", which Map was filed in the Office of the Clerk of the County of Suffolk on the 31" day of March, 2006 as Map No. 11370, Abstract #15719; and WHEREAS, Declarant's predecessor in title (Kit Realty, Inc.) did heretofore file a Declaration and Covenant made the 20"' day of May, 2005, which Declaration and Covenant was recorded in the Office of the Clerk of the County of Suffolk on May 31, 2005 in Liber 12389, Page 816; and WHEREAS, Declarant has made application to the Town of Southold Planning Board for the installation of a secondary road across Lot 27 on the Map of The Fields At Mattituck, which secondary road will tie into Stanley Road on said Map; and WHEREAS, for and in consideration of the Town of Southold Planning Board approving the creation and installation of the secondary road across Lot 27, the Town of Southold Planning Board has required that the Declaration and Covenant dated May 25, 2005 be amended as hereinafter set forth; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of Lot 27 and the other lots shown on the Map of The Fields At Mattutuck. 0 0 NOW THEREFORE, the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that Lot 27 on the Map of The Fields At Mattituck shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. A private secondary residential road shall traverse the open space on Lot 27 as depicted on the map prepared by L.K. McLean Associates, P.C. dated 2011. 2. The private secondary residential road will not be dedicated to the Town of Southold and will remain private. 3. There shall be no further subdivision of Lot 27. 4. There shall be no retail sales on Lot 27 except for the sale of items produced on the property, and shall be subject to the approval of the Planning Board. 5. There shall be no residential development on Lot 27. 6. This Amendment of Declaration and Covenant shall run with the land and shall be binding upon the heirs, executors, legal representatives, distributees, successors and assigns of the Declarant. The covenants and restrictions contained herein can be modified only at the request of the then owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year first above written. -2- 0 WINHAVEN ASSOCIATES LLC 0 STATE OF NEW YORK ) COUNTY OF NASSAU 1 ss.: On before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. -3- From: / Lanza, Heather Sent: Friday, May 13, 2011 9:15 AM To: 'Chris Dwyer; Kalin, Carol Cc: Scott Stay;—Tgrcy, Ma Subject: `. RF fields @ Mattituck Iternate Road" & Wi Chris, Yes, we will send you the Jan. 18, 2011 letter. With regard to the ped. Beach access, are you saying that it is being taken away? Was it filed with the County Clerk or was it just something that was being planned and now isn't being done? , -----Original Message ----- From: Chris Dwyer fmailto:cdwver(n)Ikma.com] Sent: Friday, May 13, 2011 8:50 AM To: Lanza, Heather Cc: Scott Stay Subject: Re: Fields @ Mattituck Alternate Road & Winston Thanks Heather. Could you fax or email that list from the Planning Board? I will send the hard copies of plans when I respond to that list. The pedestrian beach access is no longer part of the division of land. Thanks again Chris Sent from my Verizon Wireless BlackBerry From: "Lanza, Heather" <heather.lanzaga)town.southold.nv us> Date: Fri, 13 May 2011 08:43:25 -0400 To: Chris Dwyer<cdwyera),lkma.com> Cc: <sstav�a�winhavenaroup net> Subject: Fields @ Mattituck Alternate Road & Winston Chris and Scott, We are waiting for you to submit the request to amend the subdivision as outlined in the letter sent to Scott on January 18, 2011. The Planning Board has not decided yet whether to allow the second road, but was leaning enough towards it that they requested a number of items be submitted to the Planning Board to help them decide. As I mentioned to Chris already, please do not send materials directly to our Town Engineer. All the requested materials must be submitted to the Planning Board, ideally at the same time (items 1-4 in the letter). The Planning Board will refer you to the Town Engineer if they feel a direct conversation is necessary, otherwise they prefer all communication to come through the Board. We are not able to print large format or color, so maps must be submitted on paper. On Winston, Proposed Lot 2 appears to include the area of the flag/r.o.w. and the area of the pedestrian beach access easement in the stated Lot Area of 83,000+/- s.f. Could you please verify that, and also let us know the i area of the flag portion of the lot, Whe area of the portion of the pedestrifeach access easement that runs from the flag to the CEHA line? In other words, the area I need for the pedestrian beach access easement is just that part that is outside the flag/r.o.w., and landward of the CEHA line. You can send that information in an e- mail for now, no need to revise any maps yet. Call with any questions. Thanks. Heather Lanza From: Chris Dwyer (mailto:cdwyer(Alkma.comI Sent: Tuesday, May 10, 2011 7:58 AM To: Lanza, Heather Cc: Richter, Jamie Subject: Eve Winston Property & Fields @ Mattituck Alternate Road Good morning Heather, Hope all is going well for you. Just checking to see if there is any status update on the two (2) projects that we have engineered for Winhaven Associates LLC.? Specifically the Eve Winston Property Subdivision and the Alternate Roadway (conceptual) into the Fields at Mattituck. With respect to the Eve Winston Property (former Burns Property), our office had finalized a plan for the Town which satisfied the Town Engineer's comments. On the other project we had sent the Town Engineer detailed roadway profiles, sections and an alignment schedule for his review. Any update that could be provided by your office would be greatly appreciated. Thanks in advance. Regards, Chris Dwyer Kalin, Carol From: Lanza, Heather Sent: Tuesday, May 10, 2011 11:51 AM To: Kalin, Carol Subject: FW: Eve Winston Property & Fields @ Mattituck Alternate Road Attachments: 2011-Alt2-Road Profile -Cross Sections-DRAFT.pdf t,j Page 1 of 1 Please print the attachment (1 Ix17 on the copier) and the e-mail for the file (put in mail tray). From: Chris Dwyer [mailto:cdwyer@lkma.com] Sent: Tuesday, May 10, 2011 11:38 AM To: Lanza, Heather Cc: Scott Stay (sstay@winhavengroup.com) Subject: RE: Eve Winston Property & Fields @ Mattituck Alternate Road ",M A3 2011 Thanks Heather. I apologize for not sending to your office. Got caught up talking with Jamie and forgot to follow up. Thanks again. Chris From: Lanza, Heather [mailto: heather. lanza@town.southold. ny.us] Sent: Tuesday, May 10, 2011 11:13 AM To: Chris Dwyer Cc: Sabatino, Alyxandra K.; Richter, Jamie; Terry, Mark Subject: RE: Eve Winston Property & Fields @ Mattituck Alternate Road Chris, I have copied our new staff person on this e-mail. We are taking a look at the Winston file today, and we'll get back to you when we will schedule this for a work session. On Fields at Mattituck: All plans on any Planning Board project should be sent to the Planning Department first, and we will refer them to the Town Engineer. Please send the referenced plans to us, if you haven't already. Heather From: Chris Dwyer [mailto:cdwyer@lkma.com] Sent: Tuesday, May 10, 2011 7:58 AM To: Lanza, Heather Cc: Richter, Jamie Subject: Eve Winston Property & Fields @ Mattituck Alternate Road Good morning Heather, Hope all is going well for you. Just checking to see if there is any status update on the two (2) projects that we have engineered for Winhaven Associates LLC.? Specifically the Eve Winston Property Subdivision and the Alternate Roadway (conceptual) into the Fields at Mattituck. With respect to the Eve Winston Property (former Burns Property), our office had finalized a plan for the Town which satisfied the Town Engineer's comments. On the other project we had sent the Town Engineer detailed roadway profiles, sections and an alignment schedule for his review. Any update that could be provided by your office would be greatly appreciated. Thanks in advance. 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FioL;- 1L,1Iii u� l� I.li "I IM MTI[ Itfl All. 111<UUII I'll 1:,\, 1111 1t11!1� Lanza, Heather From: Lanza, Heather Sent: Tuesday, May 10, 2011 11:13 AM To: 'Chris Dwyer' Cc: Sabatino, Alyxandra icht mie; ry Mark Subject: RE: Eve Winston Prope & Fields @ MattitucR Aljemate Road Chris, 1 have copied our new staff person on this e-mail. We are taking a look at the Winston file today, and we'll get back to you when we will schedule this for a work session. On Fields at Mattituck: All plans on any Planning Board project should be sent to the Planning Department first, and we will refer them to the Town Engineer. Please send the referenced plans to us, if you haven't already. Heather From: Chris Dwyer jmailto:cdwyerCallkma.coml Sent: Tuesday, May 10, 20117:58 AM To: Lanza, Heather Cc: Richter, Jamie Subject: Eve Winston Property & Fields @ Mattituck Alternate Road Good morning Heather, Hope all is going well for you. Just checking to see if there is any status update on the two (2) projects that we have engineered for Winhaven Associates LLC.? Specifically the Eve Winston Property Subdivision and the Alternate Roadway (conceptual) into the Fields at Mattituck. With respect to the Eve Winston Property (former Burns Property), our office had finalized a plan for the Town which satisfied the Town Engineer's comments. On the other project we had sent the Town Engineer detailed roadway profiles, sections and an alignment schedule for his review. Any update that could be provided by your office would be greatly appreciated. Thanks in advance. Regards, Chris Dwyer 0 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI January 18, 2011 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Scott M. Stay, Managing Director Real Estate Acquisitions Winhaven Group LLC 509 Madison Avenue — 21" Floor New York, NY 10022 Dear Mr. Stay: -&a ed: 0 -,-Royer ING ADDRES P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 As you know, the Planning Board met on Monday, January 10, 2011 to discuss your proposal for a vineyard and a new private road to serve the Fields of Mattituck subdivision. To proceed to the next step, the Planning Board will need to review more detailed plans regarding your proposal. The plans should include a detailed road and drainage design. The Board also requests that your plans address the failed slope in the existing drainage basin near which the proposed road would run, as well as the soil windrows that were created to deal with arsenic in the soil. Although the Planning Board has not yet made a decision whether they will amend the covenant and allow the proposed road, it seems that locating the road along the west property line in your detailed plans might be a better choice than bisecting the property with the road. Upon receipt and review of the detailed plans outlined below, the Planning Board will be in a better position to make a decision. Following is a summary of the steps that will be necessary to complete this process: 1. Submit detailed plans for road design and drainage 2. Submit draft covenant amendment language that will accomplish the following: a. allow for private residential road through the open space as shown on the map prepared by... b. Include language that road will not be dedicated to the town and will remain private -_.c. no further subdivision of lot 27 (unless it's already in there) d. add language to covenant — no retail sales, no residential development, and any other language that can clarify what is and isn't allowed in the development area on Lot 27 3. Submit draft amended subdivision map: a. show the proposed road b. show the proposed exercise trail c. notation "no residential development" or something to that effect in the building envelope. , 4. Submit $500 fee � Lk) 5. Town Engineer review road and drainage plans 0 Mr. Scott M. Stay January 18, 2011 Page Two 0 6. Town Attorney review amended covenant language, 7. Planning Board decision on whether to approve an amendment to the covenant to allow road 8. Public hearing on the covenant amendment 9. Planning Board resolution to amend the covenant with the majority +1 vote 10. Planning Board resolution to amend the subdivision map (conditional approval with the condition being to file the amended covenant and perhaps also obtain SC Health Dept approval) 11. File the amended covenant 12. Submit final plat with liber and page of amended covenant and Health Dept. stamp (if needed) to Planning Board 13. Planning Board resolution granting final approval of the amended subdivision map 14. File the amended subdivision map This is just a basic overview of the expected process. There may be more or less steps involved in completing this application. Please call with any questions. Sincerely, Heather Lanza, AICP Town Planning Director Southold Town Planning Board Work Session — Page Two — January 10, 2011 Project name: FIDCO/Ferguson Museum/Harris SCTM#: 1000-7-1-6.1, 7 & 2.10 Location: (no #) private road off of East End Road, Fishers Island Description: This proposed lot line change/re-subdivision will transfer a 15,145 sq. ft. Description: portion of FIDCO Lot 38-1 (SCTM#1 000-7-1-6. 1) to FIDCO Lot 38-2 (SCTM#1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7 (SCTM#1000-7-2-10) will Status: transfer 11,640 sq. ft. to FIDCO Lot 38-2 (SCTM#1000-7). With this Action: second transfer, FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO Lot 38-7 will decrease in size from 7.51 Attachments: acres to 7.24 acres in the R-120 Zoning District. Status: Open Action: Up -date on ZBA decision and refer application, out for comment. Attachments: Staff Report Project name: Aries Estates/Tully SCTM#: 1000-22-37.2., Location: at the wester) terminus of a private whichextends y p ' right-of-way which extends north from Kayleigh's Court in East Marion _ Description: This proposal is for a standard subdivision of an 11.4418 -acre parcel into two lots, where Lot 1 = 3.7667 acres, including 1.7229 acres of open space, and Lot 2 = 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. Status: Conditional Preliminary Approval Action: Accept applicant's submission re: drainage and refer to Southold Town Engineering Inspector. Attachments: None 5:30 p.m. Review Public Meeting Agenda Discussion: Fields at Mattituck - request for a 2nd road 2 Staff Report January 7, 2011 Prepared by: Heather Lanza Project: Fields at Mattituck Subdivision Open Space SCTM# 113-2-1.2 (formerly 113-1-1.1) Proposal (aka Final Conceptual Plan "Alternate 1& 2") from applicant to construct the following within the Agricultural Open Space: 1. "Boutique" Vineyard. Approximately 18 acres to be planted in grape vines. 2. Road. Approx. 1400' long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue. ((about 70,000 s.f.)) 3. Exercise Trail. An exercise trail is proposed to run along the new road and then along the eastern boundary of the property. 10' wide, made of crushed stone. This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. Summary of the facts A. Planning Board approved a Standard Subdivision of 27 residential lots in 2006, clustered with approx. 50% set aside as open space (including drainage areas in open space). B. Lot 27 = 31.38 acres and contains one building lot plus the open space area. a. Agricultural & Open Space Easement = 23.759 acres (Uses restricted by Planning Board covenant) b. Building area (any buildings must be here — can include a residence) = 52,672 s.f. c. Drainage easement area (south) = 90,300 s.f. (held by the Town) I Drainage easement area (north) = 189,128 s.f. (held by the Town) C. The developed area (remaining 26 lots and current road) = 29.04 acres D. Stipulation of Settlement on lawsuit to grant Final Approval • i have consulted with the Town Attorney on this matter. Assistant Town Attorney Jennifer Andaloro also consulted with the Town's outside counsel Frank Isler. Mr. Isler represented the Town in the lawsuit to grant Final Approval. A stipulation of settlement was reached after the initial court decision against the Town, and prior to the Town's filing an appeal. The stipulation set forth the restrictions to be included in the covenant. E. Covenant filed on the Agricultural Open Space a. All buildings in the building envelope only. b. No roads except for a farm road for agriculture only. No signs. c. Agriculture, walking paths allowed Staff Report: Fields at Mattitullequest for improvements in the Open SpaJ*rea (continued) Second Proposal: "Boutique" Vineyard: The growing of grapes is allowed in the open space with a soil conservation plan to be submitted to the Planning Board. Roads: The covenant specifically prohibits roads to be constructed for any use other than agriculture/farm roads. (See Covenant Section 2(e)). Exercise Trail: Exercise Trails are allowed in the covenant and must be found to be acceptable and necessary by the Planning Board, and require Planning Board approval. Signs: Currently there is a large sign advertising the subdivision lots and the "boutique vineyard" located on the open space. This sign is prohibited by the covenant. (See Covenant Section 2(h)) New information provided from the last staff report: The proposal as first presented was recommended for denial. This new proposal has answered many of the concerns and could be eligible for an approval based on several factors including: I. The road will remain private, thus there will be no cost to the Town — we can covenant that it is to remain a private road. 2. The subdivision open space required by the clustering of the lots will still be met after the deduction of the area of the new road. 23 acres are required and 23 acres will remain protected. This includes the open space easement area as well as the natural vegetation area around the drainage easements and near the SCWA well. 3. The amount of open space lost to the road (about 32,000 s.f) may be mostly countered by a much less intense use of the building envelope on Lot 27 for an agricultural storage building rather than residential development. The extent to which this building envelope would be developed in this scenario remains to be seen. 4. The applicant has offered to restrict development of the building envelope on Lot 27 from residential to agricultural only (an agricultural storage barn). 5. The steep slopes that the proposed road will go through have already been altered to create a drainage basin — they are no longer natural features. 6. The existing advertisement sign on Bergen remains an issue — any sign will require an amendment to the covenant — if the applicant needs a sign there now and/or in the future, they should add this request to their application for amendments. Staff Report: Fields at Mattitoeguest for improvements in the Open SpAarea (continued) Outline of procedure if Planning Board is considering approval of the proposal: 1. Decide location of the road 2. Request detailed plans for the road, including drainage. 3. Request draft plans for the agricultural storage barn (size and location), including drainage. 4. Town Engineer review the road and building plans. 5. Request a draft of the proposed changes to the covenant be submitted for review, including adding the building envelope for Lot 27 (no residential development, and limiting lot coverage to some extent), and changing the wording about the road; 6. Town attorney review of draft covenant changes 7. Schedule a public hearing on the amendment required to the covenant for the road. 8. Resolution to approve the covenant amendment to allow a road for residential use to cross the farm. A majority plus one vote will be required to allow the amendment. 9. Review a draft of the amended drainage and natural vegetation easement (this should be done concurrently with reviewing the covenant). 10. Resolution recommending an amendment by the Town Board to the drainage & natural vegetation easement to allow the road to cross through (condition with approval by Town Engineer and Planning Board). 11.Public Hearing by Town Board on the requested amendment to the drainage and natural vegetation easement. 12.Resolution with a majority plus one vote of the Town Board to amend the drainage and natural vegetation easement to allow the road to cross through (condition on approval by the Town Engineer of the design and drainage). 13.File the amended drainage easement (this can wait to be filed with the amended covenant). 14.Planning Board review of detailed plans for the new road 15.Planning Board review of the covenant amendment including allowing the road, and restricting the residential development 16.Resolution by Planning Board to approve the amended covenant. 17.File the amended covenant (now we can approve the new road) 18.Review & approval of the detailed plans by Town Engineer. Staff Report: Fields at MattiSequesi for improvements in the Open Sp*Area (continued) 19.Resolution by Planning Board to approve the new road 20.Resolution to approve the Exercise Trail (regular majority — it is allowed in the covenant). 21. Applicant submit amended subdivision map for Fields at Mattituck depicting all the agreed-upon changes. 22.Planning Board grant Conditional Final Approval, with the condition being to file the amended covenant and the amended drainage and vegetation easement. 23.Applicant file the amended covenant and the amended easement, and submit them to Planning Board. 24.Planning Board grant final approval on the amended subdivision map. 25.Applicant record the amended subdivision map. (The Town's interest in this property is authorized via the subdivision code in Town Law. There is additional law authorizing the holding of open space interests from General Municipal Law 247 which would require state authorization to alienate land for something like a road, however because there is separate authorization elsewhere, the Town Attorney felt this would not apply). V WINHAVEN GROUP January 7, 2011 Ms. Heather Lanza Director of Planning Town of Southold 54375 Route 25 Southold, NY 11971 RE: The Fields at Mattituck- Proposed Secondary Road Dear Ms. Lanza: JAN - 7 2011 Per our conversation this week, this letter serves to clarify the decision history and long term goal Winhaven has for the boutique vineyard and proposed secondary road. For the past year we have investigated all options to develop and cultivate the 30 acre lot adjacent to The Fields at Mattituck development. Options varied from sod, organic produce, wholesale nursery and vineyard. After consulting local management and development experts the decision was made on a boutique vineyard. The vineyard was clearly the highest and best use for the parcel and the greatest compliment to our development. It is our desire to extend the Bergan Avenue corridor of grand vineyards onto our own 30 acres, add a beautiful secondary entrance to The Fields, all while maintaining the lowest level of noise and visual pollution to the neighboring homes. It is our intention that the developer of the project will maintain 100% ownership over the 30 acre lot and will he responsible for 100% of the costs associated with the parcel. There will be no HOA created from the vineyard and road development to the 26 individual home owners of The Fields. These owners will only benefit from the vineyard by being allowed to participate in the cultivation, harvest and bottling process. For their purchase into The Fields, they will receive an annual allotment of wine and be allowed to create their personal vintages at no cost. In regard to Winhaven's long term goal, we will execute this plan by signing a five to ten year agreement with the best and most experienced vineyard development and management company in Long Island. We will then utilize our neighboring winery, who is already proven to produce some of the region's best wine to create and bottle our vintages. We anticipate that the owner's participation will remain passive and purely a capital source. Concern has been voiced as to the long tern future of the vineyard and road. The cost of development and cultivation for the vineyard and the construction of the secondary road are expected to exceed a million dollars. As well, the value of the vineyard will increase with each year as the vines mature and full harvests are achieved. There is no scenario in which we can foresee this parcel being altered, even under new ownership. Such a business decision to forego the large capital investment and value gained from the vineyard over time simply does not make fiscal sense. 590 MADISON AVENUE.2I'TFI OOR - NEW YORK, NY - 10022 For the roads future, it has always been expected that the new road will carry a permanent unconditional easement to Stanley Road. Such a recorded easement will insure the road remains open and maintained by any owner of the 30 acre lot in perpetuity. This is an exciting venture for Winhaven that we believe will greatly improve the Bergan Avenue corridor and be the catalyst for success at The Fields at Mattituck development. V ;'y yo urs, Scott M. Sta , Managing Director Winhaven Group ID Terry, Mark From: Lanza. Heather Sent: Friday, December 10, 2010 12:27 PM To: Terry, Mark Subject: RE'. Field of Mattiluck Follow -Up Do you know ifthese site visit reports are being printed and pill in the subject files? 'I o be official, I would Put thein through the mail tray._.. From: Terry, Mark Sent: Friday, December 10, 2010 11:57 AM To: Martin Sidor (E-mail); Ken Edwards (pappy@fishersisland.net); Joseph Townsend (E-mail); William Ommers; Don Wikenski - Briarcliff Sod Cc: Lana, Heather; Sadoo, Tamara Subject: Field of Mattiluck Follow -Up A site inspection of the Fields of Mattiluck was held on December 10, 2010. Board members MS. BC and DW attended. MT and TS also attended. The proposed read route was walked No decision was made in the field. However the following was obsens"discussed: 1. Potential road relocation to just sic, the drainage basin (yellow arrow) to avoid ravine. 2. Locating the potential road to the west property line (to avoid breaking up farm/open space) 3. Road drainage would be located within the road bed. 4. Asked builder to repair failed slope on drainage basin (red arrow) The applicant will submit new concept plans and the Board will discuss the plans at an upcoming work session. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631)765-1938 Max 10rryAt.W11-Southold ny us 12/10/2010 4:00 p.m. Applications: Project name: Location: Description: Status: Action: Attachments: Project name: Location: Description Action: Attachments: Project name: Location: Description name: Description: Status: Action: Attachments: 9 WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, December 6, 2010 4:00 p.m. Fields at ion 1000-113-2-1 The open space area of the property is located on Bergen Avenue, Mattituck. The residential lots are located off Stanley Road. This 27 -lot subdivision was approved in 2006 and contains 23 acres open space protected by a Planning Board covenant. Final Approval Standard Subdivision Review proposal for improvements to the open space area. Staff Report, Proposal, C&R, Stipulation of Settlement — (in PB mail T.K. Alpha, LLC Shopping Ctr. SCTM#:. 1000-140-2-20 535 Pike Street, on the north side of Pike street, approximately 100 feet east of Love Lane, in the Hamlet Business Zoning District, Mattituck This site plan is for the proposed construction of a 2,573 s.f. mix -use building consisting of 3 units on the first floor for retail use, 2 at 554 s.f. each and another at 1,200 s.f. and 2 residential apartments on the second floor, 554 s.f. each. In addition, there is an existing 605 s.f. building proposed as a retail use on an 11,561 s.f. parcel located in Mattituck. New Site Plan Review site plan submission. Staff Report Seven Eleven Mattituck SCTM# 1000-142-1-27 n/e corner of Factory Avenue & NYS Route 25, Mattituck This site plan is to convert an existing 1,985 s.f. gas station/convenience store to a 2,670 s.f. convenience store (constructing a 685 s.f. addition) on a 24,829 s.f. parcel in the B Zone located on the We corner of Factory Avenue & NYS Route 25, Mattituck. New Site Plan Review revised site plan. LICARA • L. K. Mclean Associates, P.C. 437 South CountryRoad • Brookhaven • New York • 11719 CONSULTING ENGINEERS (63 1) 286-8668 • FAX (63 1) 286-6314 Associates EUGENE F. DALY, P.E., P T.O. ET", PRESIDENT and C.E.O. CHRISTOPHER F. DWYER RAYMOND G. DiBIASE, P.E., P.T.O. ET", EXECUTIVE VICE PRESIDENT ROBERT A. STEELE, P.E. JOSEPH F. CLINE, P.E., VICE PRESIDENT JAMES , ROY R FULKERSON, P.L.S.L DeKONINGP.E. , VICE PRESIDENT STEVEN W.. De KO ERG, P.E. ALBERT T. DAWSON, RE, VICE PRESIDENT ANDREW B. SPEISER Town of Southold December 2, 2010 Planning Department 23095 Main Road Southold, New York 11971 DEC — 8 2010 ATT: Heather Lanza, Director of Planning Re: Winhaven Associates: The Fields at Mattituck Subdivision Revised Plan Showing Conceptual Alternate Access to Subdivision from Bergen Road LKMA Project A05-031 (Construction Management Services) Dear Ms. Lanza: As Consulting Engineers to Winhaven Associates and in accordance with the feedback from your office, our office has prepared the attached revised conceptual drawing (Conceptual Plan C) to accompany this letter defining the proposed enhancements on Lot #27 (31 acres). The enhancements would include the development of a vineyard and an alternate access road to the Fields at Mattituck Subdivision from Bergen Road. As defined in our earlier correspondence, our client's goal is to create esthetically pleasing enhancements to the front of their property for the surrounding community and residences of the "Fields at Mattituck". The proposed alternate roadway (private) has been positioned so as not to generate any noise or visual (headlight) pollution to the surrounding properties. The paved roadway built to the Town's Highway Standards would also allow for safe access by Town equipment to maintain the storm - water impoundment (recharge basin) situated between Stanley Road and Bergan. The separate roadway in the southeast corner of Lot #27 was changed to a recycled concrete aggregate surface rather than asphalt. The proposed improvements would also include additional subsurface drainage to manage stormwater runoff for the alternate roadway. Having a second or alternate route to the subdivision would also increase access/flow for emergency vehicles and distribute the amount of normal traffic on Breakwater and Cox Neck Road. The exercise/walking trail would stay in its original location and allow for safe pedestrian access from Stanley Road to Bergen Road. Upon your office's review of the attached revised "Conceptual Plan C" defining the above referenced improvements, please contact our office to discuss the proposals by the Owner. We will continue to work closely with the Town on this project and contact all involved departments as the development progresses. If you should have any questions upon reviewing this correspondence please do not hesitate to contact this office directly. If you should require any additional information on these requests, our office will be available to meet at your convenience. CFD:cfd Enc.: (1) CC: James Richter R.A., Town Engineer w/enc. Scott Stay, Winhaven A LKMA File Copy w/en1 Very truly yours, Christopher F. Dwyer, Associate L.K. McLean Associates P.C. • Staff Report November 10, 2010 Prepared by: Heather Lanza Project: Fields at Mattituck Subdivision Open Space SCTM# 113-2-1.2 (formerly 113-1-1.I) Proposal (aka Conceptual Plan "C") from applicant to construct the following within the Agricultural Open Space: 1. "Boutique" Vineyard. Approximately 18 acres to be planted in grape vines. 2. Building. 11,250 s.f. "clubhouse/tasting room" , also identified as an agricultural building (see attached email from applicant to a neighbor for more details on the proposed building's use). 3. Parking areas around the building (80-100 parking spaces) (approx. 28,000 s.f.) 4. Road. Approx. 1400' long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue. ((about 70,000 s.f)) 5. Pond (approximately 120' in diameter — no other details provided. 6. Exercise Trail. An exercise trail is proposed to run along the new road and then along the eastern boundary of the property. 10' wide, made of crushed stone. This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. Summary of the facts A. Planning Board approved a Standard Subdivision of 27 residential lots in 2006, clustered with approx. 50% set aside as open space (including drainage areas in open space). B. Lot 27 = 31.38 acres and contains one building lot plus the open space area. a. Agricultural & Open Space Easement = 23.759 acres (Uses restricted by Planning Board covenant) b. Building area (any buildings must be here — can include a residence) = 52,672 s.f. c. Drainage easement area (south) = 90,300 s.f. (held by the Town) d. Drainage easement area (north) = 189,128 s.f. (held by the Town) C. The developed area (remaining 26 lots and current road) = 29.04 acres D. Stipulation of Settlement on lawsuit to grant Final Approval (attached) E. Covenant filed on the Agricultural Open Space (attached) a. All buildings in the building envelope only. b. No roads except for a farm road for agriculture only. No signs. c. Agriculture, walking paths, ponds allowed Staff Report: Fields at Mattitu*eguest for improvements in the Open Spa*rea (continued) I have consulted with the Town Attorney on this matter. Assistant Town Attorney Jennifer Andaloro also consulted with the Town's outside counsel Frank Islet. Mr. Isler represented the Town in the lawsuit to grant Final Approval. A stipulation of settlement was reached after the initial court decision against the Town, and prior to the Town's filing an appeal. The stipulation set forth the restrictions to be included in the covenant. "Boutique" Vineyard: The growing of grapes is allowed in the open space with a soil conservation plan to be submitted to the Planning Board. Buildings: The covenant specifically requires all buildings to be located in the building envelope for Lot 27. No buildings are allowed outside the building envelope. All buildings (other than a single family residence and its accessory buildings) are subject to the Planning Board finding them reasonably necessary for bona fide agriculture and require Planning Board approval. (see Covenant Section 2(i)). This prohibition on buildings in the open space is also supported by Town Law§ 278, which provides the authorization and purpose of clustering. The purpose is stated as being "to encourage flexibility in design and development of land in such a manner as to preserve the natural and scenic qualities of open lands." A building placed in the open space resulting from clustering lots would contradict the authorization and purpose of the enabling legislation provided by New York State. Parking areas: The covenant restricts the use of the open space area to agricultural use only and does not permit parking lots to be created. Parking areas cannot be located outside the building envelope (See Covenant Sections I & 2 (b) (f)) Roads: The covenant specifically prohibits roads to be constructed for any use other than agriculture/farm roads. (See Covenant Section 2(e)). Pond: Ponds are allowed in the covenant and must be found to be acceptable and necessary by the Planning Board, and require Planning Board approval. More details on the pond's construction must be submitted for the Planning Board to review prior to any approvals. Exercise Trail: Exercise Trails are allowed in the covenant and must be found to be acceptable and necessary by the Planning Board, and require Planning Board approval. Signs: Currently there is a large sign advertising the subdivision lots and the "boutique vineyard" located on the open space. This sign is prohibited by the covenant. (See Covenant Section 2(h)) Staff Report Fields at MattiAreguest for improvements in the Open SpaeArea (continued) Discussion: For the proposed plan to be approved as presented, the Planning Board would need to contemplate amending the covenant. An amendment would require a majority plus one vote of the Planning Board after a public hearing. (See Covenant Section 8). After reading the file, the public hearing minutes, and discussing this with the Town Attorney's office, it is the opinion of the Planning Department that the covenant accurately reflects the intent of the Planning Board at the time, as well as the stipulation of settlement for the court case. Further, the underlying reasons for the Planning Board not allowing the road to go out to Bergen Avenue directly are compelling and rational. It is good planning practice and makes good fiscal sense to use existing infrastructure rather than construct new infrastructure. Maintaining a second road through this property would cost the town more money in the future. More important, the steep slopes that must be traversed by the proposed road are an obstacle. Building in and around steep slopes is generally discouraged and avoided wherever possible. The proposed road would decrease the amount of open space by well over an acre. The Planning Board policy at the time was to preserve at least 50% of the land of major subdivisions as open space. The open space area equals about 23 acres now. Removing another acre brings it down to about 22 acres. This is only about 30% of the entire property, which originally totaled 60 acres. Therefore it is the recommendation of the Planning Department that this proposal for the use of the open space be denied, and any amendment to the covenant be denied. It is further recommended that the applicant be required to remove the existing advertisement sign from the open space (that is also prohibited in the covenant). 3 LIK&A i L. K M • can Associates, PC. MSS 437 South Country Road Brookhaven •Nein York 11719 CONST TING ENGINEERS (03 1) 286-8669 • FAX (631) 286-6314 �J Associates EUGENE F. DALY, P ., P. T.O.E."", PRESIDENT and C.E.O. CHRISTOPHER F. DWYER RAYMOND G. DiBIASE, P.E., P.T.0 E'm EXECUTIVE VICE PRESIDENT ROBERT A. STEELE, P.E. JOSEPH F. CLINE, P.E.. VICE PRESIDENT JAMES L. DeKONING, P.E. ROY R. FULKERSON, P.L.S., VICE PRESIDENT STEVEN W. EISENBERG, P.E. ALBERT T. DAWSON, P.E., VICE PRESIDENT ANDREW B. SPEISER October 25, 2010 Town of Southold Planning Department 23095 Main Road Southold, New York 11971 ATT: Heather Lanza, Director of Planning Re: Winhaven Associates: The Fields at Mattituck Subdivision 2 6 2010 Conceptual Alternate Access to Subdivision from Bergen Road QQ� LKMA Project A05-031 (Construction Management Services) Dear Ms. Lanza: Pursuant to my client's conversation with the Town Supervisor Russell and on behalf of Winhaven Associates our office has prepared the attached conceptual drawing to accompany this letter defining the proposed enhancements on Lot #27 (31 acres). The enhancements would include the development of a vineyard, man-made pond, agricultural building and an alternate access road to the Fields at Mattituck Subdivision from Bergen Road. Lot#27 includes approximately. Our client's goal is to create aesthetically pleasing enhancements to the front of their property for the surrounding community and residences of the "Fields at Mattituck". The proposed alternate roadway (private) has been positioned so as not to generate any noise or visual (headlight) pollution to the surrounding properties. The paved roadway built to the Town's Highway Standards would also allow for safe access by Town equipment to maintain the storm -water impoundment (recharge basin) situated between Stanley Road and Bergan. Having a second or alternate route to the subdivision would also increase access for emergency vehicles and distribute the amount of normal traffic on Breakwater and Cox Neck Road. The exercise/walking trail would stay in its original location and allow for safe pedestrian access from Stanley Road to Bergen Road. Upon your office's review of the attached "Conceptual Plan C" defining the above referenced improvements, please contact our office to discuss the proposals by the Owner. We will continue to work closely with the Town on this project and contact all involved departments as the development progresses. If you should have any questions upon reviewing this correspondence please do not hesitate to contact this office directly. If you should require any additional information on these requests, our office will be available to meet at your convenience. Very truly yours, CFD:efd Christopher F. Dwyer, Associate Enc.: (1) L.K. McLean Associates P.C. CC: James Richter R.A., Town Engineer w/enc. Scott Stay, Winhaven Associates w/enc. LKMA File Copy w/enc. SOUtA Planning Department Staffoeport Subdivision Application Work Session Review Date Prepared By: I. Application Information Project Title: Applicant: ate of Submission Tax Map Number: Project Location: Hamlet: Zoning District: II. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: III: Action to review 9/26/11 Aly Sabatino The Fields at Mattituck Winhaven September 1, 2011 1000-113-1-1.1 n/o Bergen Avenue Mattituck AC Standard Subdivision N/A Review Amended Covenants and Restrictions and Engineer's Comments IV: Analysis The Planning Board approved a Standard Subdivision of 27 residential lots in 2006, clustered with approx 50% set aside as open space. Proposed 2nd Road: is approx 1400' long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue (about 70,000 s.f.) Exercise trail: is proposed to run along the new road and then along the eastern boundary of the property. 10' wide made of crushed stone. This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. (Previous C&Rs allow this walking path) Boutique Vineyard: Approximately 18 acres to be planted in grape vines. Although the 2006 C&Rs state: no roads except for a farm road for agricultural only, the applicant has offered to give up a residential lot in exchange for being allowed to place this private road through the Agriculture Open Space easement. In addition, this road will remain private and not be dedicated to the Town. In earlier discussions there was also an agreement that no retail sales would occur on the site, however the applicant is now requesting the ability to sell items produced on site. SOUR Planning Department Staft9keport Town Engineer's Comments: 1) The proposed new road does not meet the 28' required by the highway specifications and therefore this road will not be available for dedication to the Town. However, if this road is to remain private, a 24' road section would be considered satisfactory because individual building lots are not indicated and will not require curb cut access. 2) This proposed new roadway is located along an existing maintenance road that is currently used to provide access to the recharge area. In addition, a new retaining wall has been shown to accommodate this proposed new construction. The capacity of the existing recharge area must be taken into deliberation when determining the final elevation of the road and retaining wall. 3) Drainage designs have not been provided. A SWPPP must be prepared to meet the minimum requirements of Town Code Chapter 236 for Storm water management. In addition, the proposed disturbance resulting for construction activities and grading of this site will be greater than one (1) acre in area. The developer must prepare a formal SWPPP, submit a Notice of Intent (NOI) and obtain coverage under the SPEDES GENERAL PERMIT FOR STORMWATER DISCHARDES for the DEC. 4) When the SWPPP is prepared, consideration must be given to the size and configuration of the existing recharge basin. My concern isn't that this recharge basin has failed in the recent past. The SWPPP should incorporate previous drainage calculations for the original subdivision design. The SWPPP should fully evaluate the overall effectiveness of drainage design for both the proposed road as well as the original subdivision. 5) Easements need to be required to be provided to the Town for access to and from the recharge basin over this proposed roadway. In addition, the subdivision recharge basin should also be broken out and separated for the 50' ROW to allow for the basin to be dedicated to the Town. The Planning Board should also establish C&Rs to require maintenance of the second recharge area that is located adjacent to the open space. 6) If the applicant wants this road to be controlled as a private road they should not be able to use gates or other means that would restrict or prevent emergency access. C&Rs: 1) Paragraph 2 (e) shall be amended to state as follows: "No street, roadways or other right of ways for non -farming vehicular use shall be constructed or granted thereon except for a private secondary residential road as depicted on the Map entitled "2011 Conceptual Access Roadway Plan"' prepared by L.K. McLean Associates, P.C. dated August 201 V' The Secondary residential road will not be dedicated to the Town of Southold and will remain private. 2) There shall be added to, and hereafter included, in the Declaration and Covenant an additional subparagraph identified as 2(m), which shall read and provide as follows: There shall be no residential development of Lot 27 (SCTM#1000-2-1.2). Soutad Planning Department StaReport 3) Except as set forth above all other provisions of the May 20, 2005 Declaration and Covenant shall remain in full force and effect as currently enacted and recorded. 4) The covenants and restrictions contained herein can be modified only at the request of the owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. V: Staff Recommendations • Recommend accepting Town Engineer's comments. How will the private road be maintained, though C&Rs or a Road and Maintenance agreement? • Consider whether to allow retail sales, and if so, what restrictions might be considered (size of retail area, types of products, whether or not retail wine tasting is allowed, etc.) Add the decision to the C&Rs. SOO& Planning Department Statteport Subdivision Application Work Session Review Date Prepared By: I. Application Information Project Title: Applicant: ate of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: IL Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: III: Action to review 9/12/11 Aly Sabatino The Fields at Mattituck Winhaven September 1, 2011 1000-113-1-1.1 n/o Bergen Avenue Mattituck AC Standard Subdivision Review Amended Final Plat — Access Road Way Plan IV: Analysis The Planning Board approved a Standard Subdivision of 27 residential lots in 2006, clustered with approx 50% set aside as open space. Proposed 2nd Road: is approx 1400' long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue (about 70,000 s.f.) (Previous C&Rs do not allow a road to be constructed for residential purposes through the open space area.) Exercise trail: is proposed to run along the new road and then along the eastern boundary of the property. 10' wide made of crushed stone. This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. (Previous C&Rs allow this walking path) Boutique Vineyard: Approximately 18 acres to be planted in grape vines. Although the 2006 C&Rs state: no roads except for a farm road for agricultural only, the applicant has offered to give up a residential lot in exchange for being allowed to place this private road through the Agriculture Open Space easement. In addition, this road will remain private and not be dedicated to the Town. In earlier discussions there was South& Planning Department Sta0eport also an agreement that no retail sales would occur on the site, however the applicant is now requesting the ability to sell items produced on site. V: Staff Recommendations • Consider whether giving up a residential development right balances the loss of 1.6 acres of open space that would be occupied by the new road. • Consider whether to allow retail sales, and if so, what restrictions might be considered (size of retail area, types of products, whether or not retail wine tasting is allowed, etc.) • The previous C&Rs do not allow signs to be placed on the Agricultural Open Space easement. Is the applicant going to put up a vineyard sign? • Consider if the proposed 50' width is necessary. If the Board is inclined to consider amending the Covenants and Restrictions to allow 2