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HomeMy WebLinkAbout1000-86.-1-4I P4 5_ R~.SURVEO AREA 17 O0 19 20 IG -~,l\'{ 0';I 0 ~,..,O0u _[ I,"F' TYPICAL //~LL 1)££q/L T'(PIC.dL 5'U~,~dG~- O/SI OS/IL SYSfEAI HOUSE I~OAO 12 14 TYPIC/IL PLOT PI. AIV OF TItE TOWM OF SOUTHOLO U~ r~'OLUTIOM OFAPP~OVAL DArE~ ~'~C~. t ~/ 2. 000 $ ,'~OBERT E, CUMM/NS / ,. o NO TBS. - - - ~ '-' ~ P CO~TOUH LINES OUTS/DC THE PER/PETER OF TN/S SUBDIVISION WERE ~PPROX/MATED ,. /. / ~ ~ '. -- B TOTAL ~HE~= ~ZP~C~ES~ "/ ~ LOT DIMENSIONS ~ND ~RE~S ARE ~PPROXIMAT~ ~ ~ ~% '., -. .., "T~.~' ' ' ~: .~_% ',~'., ,, / 'X ' ~' r I /' ~.. .,. ~ , ,,:i ",,' ,", ~, ', ~ 0t * "' , ~ P~OFILE HO~D 'B' iI ~ -, ~ ~, ~ ~, ~ ~.',. ~.. , ~. -- 6 ~ 'Ao ' , ~ PHOFILE RO~D '~' ; ~ "o 5?gc~.41 ", ", , x~ ', , , SCALE: oo~ , , HORI +0,707% i'=$00' , ~ a. SKETCH PL.,~,V OF SUBDIVISIOIV M,47 OF 'RICHMOND SHORES ~ T £ECONIC A T ?ECOIVIC TOIg//V OF SOUTHOLD SUFFOLK COUIVTY, IV. Y SCALE: I ''= I00' D~ TE: FEB 3,1976 Ji~H 4,1977 MAR. 14,/977 \ \, s'F~EE'r 'r Y F' C lX L ..y.L_O'[ ? L &D_ ~ v '.', :Z! ~) SU gFO L',C (}OUHTY, P LOT SQ, FT Z~,O00 3 25,000 ~ 24,000 5 24,000 G 24, 500 7 24,000 -~- 2~,ooo 9 24,000 ~9 22~ 000 24 ~I, · ..' ~__ '. _, ~% I7- /. 0 o ~ PhO>?LE HOLD '~' LOCATIOH MAP I" =~00' 9/(~: ~ CH PL/,V OF SUHDIVISIOM ,M.4P OF ~ · P~ COM/C ?OY/M OF SOUTtlOLD SUFFOLK COUMT~ M Y, S6'fL E" I ": I00' DA YE: FE~ 3, I97G J,'~AL 4,19 77 MAt?.14,1977 HENRY E. RAYNOR. ~..Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKt, ~, GEORGE ~TCHtE LATHAM Jr. Southold, N.Y. 11971 Jtme 6, 1980 TELEPHONE 765- 1938 Richard Lark, Esq. Main Road Cutchogue, New York 11935 Dear Mr. Lark: The £ollowing action was taken by the Southo!d Town Planning Board at a regular meeting held Jtme 2, 1980. RESOLVED to approve site plan dated April 17, 1980 o£ cluster subdivision o£ Richmond Shores at Peconic as certi£ied by Building Inspector George H. Fisher May 14, 1980. I will send you a signed copy o£ the site plan as soon as the chairman has had an opporttmity to sign same. Yoturs truly, ~..U~Y E. RAYNOR, JR., C~LhIRMAN SOU~HOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary or ! shai 1 fo als shall each lot st associahion. -3- any 5n of the fictions ma~ b~ : shall no' remain in full ~orce -4- Anthony P. Trezza Senior Planer Town of Sothold 54375 State Road 25 P.O. Box 1197 Southold, NY 11971-0959 Sir, George H. Deogel Jr. 345 Richmond Lane Peconic, NY 11958 Tel 631-734-7761 Fax 631-734-7763 Board Member Shores Property Owners Association Inc. April 11, 2007 As per our conversation on this date in your office at the Southold Town Annex Offices I am complying with your directive in submitting this letter of intent with regard to the improvement of thc Reserved Area "A" which adjoins Lot #5 in the Richmond Shores Development. Reasons for Improvement: A) The developer Schembri Homes Inc. was ordered by the town to remove an abandon house which occupied said area. Schembri Homes Inc. did in fact comply however they failed to remove a considerable amount of building debris which consisted of metal pipe, rail, wire, broken cement, bricks, cement blocks, septic pipes, and assorted household debris. B) In addition there is a depression in the ground which suggests an abandon septic system and at this time the town can not assure me that it has been filled in properly. C) The ama is overgrown with brambles, dead ~eas, poison ivy and locus trees. D) There are a number of dirt mounds lefi by the builder which contain cement slurry fi.om cement tracks. Plans for Imnrovement A) Grade the property for the planfmg of new trees. B) Plant new trees which will consist of Blue Spruce Evergreens, Fraser Fir Trees, Colorado Blue Spruce, Norway Spruce, Willow and American Elm Trees most of which are presently awaifmg planting. C) Remove debris left by the builder. D) Excavate suspected abandoned septic sight and fill as necessary. E) Level and sif~ mounds of debris. It is with the understanding that all cost for the improvement of the aforementioned ama will be responsibility of the owners of Lot #5 and not the town or the Richmond Shores Property Owners Association Inc. and as such, the time table for completion will be contingent on monitory resources. In addition and as per your direction after receiving this letter of intent I may continue work on the improvement as the l~ees must be planted as soon as possible. If there any questions or if I can be of any further assistance please feel fi.ee to contact me at the address listed above. Sincerely, PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, BENNETT ORLOWSK/, JR. WILLIAM J. CREMERS IG~NNETH L. EDWARDS Town l-Iall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (5~.6) 765-1938 pLANNING BOARD OFFICE TOVq~N OF sOUTHOLD November 1, 1996 Tim Caufield Peconic Land Trust P.O. Box 2088 Southampton, NY 11968 Re: Fiore Property SCTM# 1000-86-1-9 Dear Tim: As per our conversation on Wednesday, October 30, I reviewed my file on the New York State drainage easement in this area. Part of the easement crosses the northwest corner of your clienfs property. See the enclosed papers and "as built" survey for further details. The New York State Transportation Department is working on plans for a revised drainage system which would eliminate the direct discharge pipe. In the coming week, I will try to find out from my contacts exactly what cl~anges the State is contemplating and their construction timetable. further questions arise, don't hesitate to ask. Sincerely, Valerie Scopaz Town Planner enc. -MEMORANDUM FROM: RE: DATE: Francis J. Murphy, supervisor Valerie Scopaz, Town Planner Town access to New York State Drainage Easement located on Richmond Creek November 18, 1988 Enclosed you will find a copy of the New York State drainage easements between State Route 25 and Richmond Creek. The easements are permanent easements for the purpose of construct- ing, reconstructing and maintaining a drainage pipe line and drainage ditch, "together with appurtenances in and to" the easement area. The easements allow the owner the right of using said property provided the use does not interfere with or pre- vent the use and exercise of the easement rights. - ? The easement area was obtained by way of four seperate deeds between July of 1966 and May of 1968. One of the parcels was a portion of the Creek which was appropriated by the State be- cause its ownership was deemed unknown. Currently, the easement runs over three separtely deeded properties: SCTM ~ 1000-86-1-4.27 1000-86-1-4.29 1000-86-1-9 The first two of these properties are part of the clustered subdivision known as Richmond Shores. This subdivision was filed in 1979. It was never developed. As of today's re- view of the Tax Assessor's records, the entire subdivision remains under the ownership of the subdivider:. R.E.C. Realty c/o K.C. Agency 70 East Sunrise Highway Valley Stream, New York 11581 The third piece is part of the proposed subdivision of Richmond Creek Farms. This subdivision is in the SEQRA process. (The draft environmental impact statement has not been completed.) The owner of the subject property is: Richmond Creek Associates c/o Canaban & Boehm 29 Park Avenue Manhasset, New York 11030 Recommendations Before the Town undertakes negotiations with the two property owners, a meeting should be set up with the Regional office of the State Department of Transportation. The purpose of such a meeting would be multifold: To communicate to the State DOT what changes the Town wants to see in the existing drainage facility. See enclosed material for "as built" plan. It is not clear from the easement document whether the terms of the easement will allow for the construction of alternate drainage facilities, such as a recharge basin or reed bed ~ystem. To determine how the Town could work with the State to achieve these changes in a timely fashion. To determine whether the Town needs to acquire or con- demn land. Perhaps an extension of the boundaries of the permanent easement would be sufficient to attain our goal. If the additional easement is found to be necessary, the owner of the two larger parcels will need to be contacted. As mentioned in the Town Attorney's memo of October 31st, the Town should offer to amend the subdivision map. However, the applicant would have to both agree to the changes and supply us with the amended maps. Other Considerations First, the Planning Board will have to require the developer to amend the Covenants and Restrictions that were filed on th~ Richmond Shores subdivision. The reason for this is that the "reserved areas" (open space) were set aside for "recreational areas in perpetuity". (A copy of the C & R is enclosed for your convenience. Highlighting marks the section per- taining to use of the recreational area.) Second, since the area through which the easement area runs was intended to be open space, it is suggested that serious consideration be given to a drainage facility other than a recharge basin. In my experience, I have found that most developers prefer not to have a recharge basin in a subdivision because lots adja- cnet to or in view of a basin tend to be less marketable than lots situated otherwise. This subdivision is already impacted by one recharge basin. It may be easier to elicit the developer's cooperation in obtaining an easement if the pro~s~ed drainage did not create a negative visual impact on the propsed subdivision. If you wish, I will set up the initial meeting with the Department of Transportation. Once that meeting date is set, I recommend also contacting the Department of Environmental Conservation and the Department of State, par- ticularly the Office of Coastal Zone Management, in order to gain support for your proposal on the State level. The DOT may be more receptive if they know that other State agencies are in support of the Town's efforts to protect a designated Critical Environmental Area. Please let me know how you wish me to proceed. The supporting documentation that was sent to me from the State was too difficult to copy due to its large size. The originals are on file in my office if you need them. cc: James A. Schondebare, Town Attorney STATE OF NEW YORK DEPARTNENT OF TRANSPORTATION VETERANS NEHORIAL HI6HMAY HAUFPAU6E, N.Y. 11788 Hichael J. Cudd¥ Regional DiEe~or November 2, 1988 Valerie Soopaz Town of Southold Town Hall, 53095 Main PO Box 1179 $outhola, N.Y. 11971 Dear Ms. Scopaz: Roa~ Franklin E. Comtissioner SOUT~-,~-J PLANNIN~ BOARD #hire DRAINAGE EASEMENT ON SCTM #1000-86-1-4.29 and SCTM ~1000-86-1-9 MATTITUCK-GREENPORT, PTS 1 & 3, S.H. 8229 ~APS 62, 6~R-I, 64, ~ 65 PARCELS 68, 70, 71, 72, & 73 SUFFOLK COUNTY In connection with the above referenced State owned easement, we are providing copies of each of the above referenced acquisition maps. Also enclosed for your reference are copies of the General Plan, sho~ing the 24" pipe, drainage ditch, driveway, as well as other information. Should you have any questions, please contact Mr. Stephen Lauer at (516) 360-6802. Very truly yours, R. Santeli For the Regional Real Estate Officer Enclosures AJD: SL fi) I '% I I(~)COUNI'Y Of SUFFOLK I--~$OUTHO~O ..... ~J-"_l,_. ~ - ~ Real Pro~erty Tax Serv,ce Agency ,,~ 0 8 G D LD F LE Southold, N.Y. 11971 (516) 765-1938 August 17,1987 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 RE: Richmond Shores' . . . at Peconic, SCTM # ~060~86-4-4~1 and 4.29~ Dear Mr. Lark: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, August 10, t987. RESOLVED that the Southold Town Planning Baar. d recommend to the Town Board that the updated bond estimate for the major subdivison of Richmond Shores be increased to $300,000, and that the applicant.submit an updated bond, letter of credit or passbook for this amount with~a differential on the inspection fee. This reotution supercedes the Board's resolution.of June 1, 1987 and is as per the correspondence of R~ymond L. Jacobs~ Highway Superintendent with regard to the initial updated bond estimate. - Enclosed is a copy,:of the correspondence from Mr. Jacobs, as well as, a copy ~of the updated bOnd. If you have any questions, please don't hesitate to contact our office. cc: Judith Terry, Town Clerk Raymond L. Jacobs, Highway Superintendent Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER 1215 INLET LANE GREENPORT, N.Y. 11944 (516} 477-1652 April 30, 1987 M~. Bonnet% 0rlowski, Jr, , Chalrmmn ~o,athold Town Plar-~i~qM Board Main Road $outhold, NY Gentlemen: !19~I Re., S~bdivlsion e~titled "R_,enmond Shhres at Peeonie, d.a,~ed M&reh 5, 1987 My estimate for the roads and improvements at the abbve men%ioned s~bdivislo~ is as follows: L~nd etear%ng n'one Roagh g~,d~g 1,200 oy a Fine grading 1,900 if ~- ~a¢~g 1,900' ~J ~ ~trb~ 3,800 LT @ D~i~ge $ e.oo/!r o.oo/ I0. O0~If Catch b~sins 5 @ $ t,ZO0,O0 Manholes 3 ~ $ 1,200.00 2~," 20 ~ 25. Heart, ail 2 ~ $ 800~00 ea Recharge basin Excavation ~,000 cv ~ $ ~.00/cv O~rbs 18" 640 ~ ~ ~ 10.00~f Pedestrian walk 80 cy ~ $ 8.00/cy Plantings - Japenese black mine !$0 ~ f~0~00 ea ~rees 50 ~ ~ ~0.00 ea Seeding I acre ~ $ 2,000/acre S~s 3 street,3 stoo, I dead end $ 90.00 ea Monuments ~-~ ~ ~ ~0.00 ea Fire well ~dminist rat ive costs increase oosts over 3 yea~ period $,800,00 3,800.00 76,000,00 38,000,00 6~000.00 3~600.00 10~00.00 500.00 1~600.00 20,000.00 i2,800,00 6,400°00 6¥0.0O 3,000o00 3. oo/oo 2~000.00 630.00 2,100.00 5~000,00 1~,230,00 .... 36~000o0Q $ 250,oo0,00 ResDeetifuliy s~bmitted~ /.~ ~ /~ RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 · 734-5211 June ]1, ]987 Mr. Bennett O~lowski, Jr., Chairman Southold Town Planning Board Main Ro~d Southold, New York 11971 Re: Richmond"Shores at Peconic - Updated bond estimate and Final Road and Drainage Plan dated March 59 1987 Dear Mr. Orlowski: I have reviewed the bond estimate and plan.s as follows: The bond estimate is acceptable although a few items, trees and a. firewell appear to be on the low side. Also, seeding which includes top~oil should be higher than $2000/acre. Other than the bond estimate, there is no drainage design criteria shown on the final plan. Suggest H. Young be contacted for this data which should include rain?all used, runoff coef- ficients, etc. that determined the size and capacity of the recharge basin. The typical road section (bottom of plan) should be noted as DWG No. SD-854. Notes (top of plan) 4. Show number of lots - 24 7~ After "Specs & Details" add Dated July 30, ]985 Resp~tfully,~ ~ Raynl~nd L. Jaco s~// Superintendent of Highways CC: Highway Committee Southold, N.Y. 11971 (516) 765-1938 August 25, 1987 Mrs. Judith T. Terry Town Clerk Town Hall Southold, NY 11971 Re: Richmond Shores at Peconic Updated Bond Estimate Dear Mrs,_Terry: As per the Planning Board's conditional resolution of June 1, 1987, at the August 10, 1987 the Planning Board resolved to recommend to the Town Board that the updated bond estimate for Richmond Shores at Peconic be accepted at $300,000. This increase over the the original updated bond estimate of $250,000 is as per the correspondence of Raymond L. Jacobs, Highway Superintendent. ~. It is also requested that the applicant post a bond, letter-of credit, or passbook for.:$300,000 and pay an inspection fee on the differential in the amount of $10,000. (5% of $300,000is $~,000; $5,000 fee was paid on the first bond; therefore $10,000 balance to be paid based upon updated bond estimate). If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING .BOARD By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 June 25, 1987 Mr. Howard Young Young and Young 400 Ostrander Avenue Riverhead, NY 11901 Re: Richmond Shores at Peconic Dear Mr. Young: Enclosed, for your review, is a copy of correspondence received recently from Raymond L. Jacobs, Highway Superintendent with regard to the above mentioned subdivision. Pursuant to this correspondence, would you please forward the drainage design criteria which should include the rainfall used, runoff coefficients, etc., that determined the size and capacity of the recharge basin. Thank you for your assistance in this matter. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. $1 LD Southold, N.Y. 11971 (516) 765-1938 June 9, 1987 Mr. Victor Lessard Executive Administrator Town Hall Southold, NY 11971 Re: Richmond Shores at Peconic Dear Mr. Lessard: Please let this confirm the following action taken by the Southold Town Planning Board, Monday,June 1, 1987. RESOLVED that the Southold Town Planning Board accept the updated bond estimate in the amount of $250,000 from Town Engineer, .Lawrence Tuthil!, for the major subdivision of Richmond Shores and forward same to the Town Board subject to the review and approval of the Highway Superintendent Raymond L. Jacobs. Enclosed is a copy of the bond estimate for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. SchultZe, Secretary ~D Southold. N.Y 11971 (516) 765-1938 June 9, 1987 Mrs. Judith T. Terry Town Clerk Town Hall Southold, NY 11971 Re: Richmond Shores Bond Estimate Dear Mrs~Terry: The following action was taken by the Southold Town Planning Board, Monday, June 1, 1987. RESOLVED that the Southold Town Planning Board accept the updated bond estimate from Town Engineer, Lawrence Tuthill, in the amount of $250,000 for the major subdivision of Richmond Shores and forward same to the Town Board subject to the - review and approval of Highway Superintendent'Raymond L. Jacobs. We.have forwarded a copy of this resolution and bond estimate to Mr. Jacobs and will advise you upon receipt of his comments. Enclosed is a copy of the bond'estimate. If you have any questions, please don't hesitate to contact our office. enc · Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD~: -. By Diane M. Schultze, Secretary D LD Southold. N.Y. 11971 (516) 765-1938 June 9, 1987 Mr. Raymond L. Jacobs Highway Superintendent Peconic Lane Peconic, NY 11958 Re: Richmond Shores at Peconic Dear Mr. Jacobs: Enclosed is a copy of the updated bond estimate from Lawrence Tuthill for the above mentioned subdivision. This bond estimate was prepared to update the existing bond on file and in accordance with the road and drainage plans which were revised as per the new Town Specifications for major subdivisions.. The Planning Board accepted this bond estimate at their Monday, June 1 meeting subject to your review and approval. Therefore, would you please review this and advise us if you-have any comments or if this is acceptable to you. if you have any questions, or need any additional information, please don't hesitate to contact us. Very truly yours, BENNETT ORLOWSKI, JR., CHA~PAV~N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary eric, P D ~¥ Southold, N.Y. 11971 (516) 765-1938 April 7, 1987 Mr. Lawrence Tuthill 1215 Inlet Lane Greenport, NY 11944 Re: Richmond Shores at Peconic Dear Mr. Tuthill: Enclosed is a road and drainage plan for the above mentioned subdivision located at Peconic. Also, enclosed is a copy of the correspondence from the attorney which give the background of the proposal. Would you please prepare a bond estimate f~r the improvements at your earliest convenience. Thank you for your assistance in this matter. If you have any questions, please don't hesitate to contact our office. V.~y truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. RICHARD F. LARK March 30, 1987 Town of Soutnold Building Department Main Road Southoldt New York 11971 RE: Richmond Shores at Peconic ATT: Victor Lessard, Building Inspector Dear Mr. Lessard: Per your prior request, I finally obtained and am enclosing two prints of the final road and drainage plan prepared for Richmond Shores at Peconic dated March 5, 1987. I have been informed this plan has been amended to comply with the new $outhold Town highway standards. As you know, the applicant wants to let contracts for the subdivision improvements including the road, drainage and plantings. You have indicated before you would issue any building permits both you and the Planning Board wanted the Performance Bond dated September 13, 1979 in the amount of $125,000.00 upgraded to con- form to the current Town of Southold highway standards. The Town Engineer in order to update the bond recommendation must have updated profiles so it would conform with the new regulations before he would complete the estimate. Kindly review the enclosed and if it meets with your require- ments, have the Town Engineer update his figures so they might be presented to the Planning Board for their recommendation to the Town Board of an appropriate updated bond. If there is any other information you need to know kindly contact the undersigned. Very truly your~ CC.: R.E.C. Realty Co. - ATT: Robert Cummins Republic Financial Services, InC. a Member of The M/ll;qtertl?ur Swiss Insurance Group REPUBLIC INSURANCE COMPANY VANGUARD INSURANCE COMPANY BLUE RIDGE INSURANCE COMPANY New Jersey District Office 100 Wood Avenue South Iselin NJ 08830 (201) 906-8401 November 11, 1986 Planning Board Town of Southold Suffolk County Southold, New York 11971 Attn: Bennett Orlowski, Jr. Re: $940,446; 928104; 916263; 933990 Dear Mr. Orlowski; Per your letter of September 29, 1986, please, be advised o-f the following: ~ 9 ~ 40446- Bond currently in force for $340,000.00; it remains in full force \~- and effect until it is released; the last premium was paid when the bond was V~ initially .issued in 1984. Qi~ww~-m~ ' ~8104- Bond currently in force for $125,000 it remains ~n . ~l~,~,~==~ ..... ; ' ' ' full force and O¥' ~ ~z~c~ un~z- i~ is released; the last premium paid was the 1985-1986 renewal .. ~,~' 916263- Bond currently in force for $20,000; it remains in full force and ~effect until it is released; the last premium paid was the 1984-1985 renewal ~ period.  933990-Bond currently in force for $20,000; it remains in full force and . effect until it is released; the last premiums paid was the 1985-1986 renewal period. If I can be of further assistance, please advise. Si ~ Gene Mille~' Bond Underwriter GM:CM In Business Since 1903 2727 Turtle Creek Btvd, Dallas, TX 75219 ,, P.O. Box 660550, Dallas TX 75266~0550 · (214) 559-1222 T( D 'LD Southold, N.Y. 11971 (516) 765-1938 September 12, 1986 Republic Insurance Company 129 Fulton Street New York, NY 10038 Gentlemen : The Town of Southold is presently holding the below listed bonds for roads and improvements in subdivisions. Please advise if these bonds are still in force and effect. Golden View Estates - Bond ~ 940446, Rufrano, Bosco, and Cosimano R.E.C. Realty - Bond # 928104, Richmond Shores at Peconic, $125~000 Lorrain'e' Hochman and Julius Hochma,, - Bond # 916263, Syloret Estates, $20,000 Clement W. Booth - Bond # 933990, Mount Beulah Acres, $20,000 Thank you for your assistance in this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schuttze, Secretary T( Southold, N.Y. 11971 (516) 765-1938 August 28, 1984 Mr. Lawrence Tuthill Town Engineer 1215 Inlet Lane Greenport, NY 11944 Re: Major subdivision bonds Dear Mr. Tuthill: The following action was taken by the Southold Town Plan~±ng Board, Monday, August 27, 1984. RESOLVED that the Southold Town Planning Board request that the Town Engineer prepare an updated bond estimate on the fo~llowing major subdivisions: Sylorrett Estates, at Cutchogue;~ichmond Shores, at Peconic; Paradise-by-the-Bay, at Southold; and Mt. Beulah, at Southold. Enclosed is a copy of the current bond estimate. If you need. · any further information, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ~_~OUTHOLD TOWN PLANNING BOARD y Diane M. Schultze, ~S~cr~ary enc. Southold, N.Y. 11971 (516) 765-1938 August 28, 1984 Mr. LAwrence Tuthill Town Engineer 1215 Inlet Lane Greenpor%, NY 11944 Re: Major subdivision bonds Dear Mr. Tuthill: The following action was taken by the Southold~'iTown Planning Board, Monday, August 27, 1984. RESOLVED that the Southold Town Planning Board request that the Town Engineer prepare an updated bond estimate on the following major subdivisiOns: Sylorrett Estates, at Cutchc~ue; Richmond Shores at Peconic, Paradise-by-the-Bay at Southold, and Mt. Beulah located at Southold. Enclosed is a copy of the previous bond estimate on each subdivisio~ as well as, a copy of the road and drainage plans. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN ~OUTHOLD TOWN PLANNING BOARD By Diane Mo Schultze, Secretary o o o Republic Financial Services, Inc. '~1 ' Cf Boar(~ANGUARD INSURANCE COMPANY Sol.ltl'lO ].d r~owrl ~_ai'll-l].n.~ _ BLUE RIDGE INSURANCE COMPANY Main Road Southold, NY 11971 Bond No. 928104 Bond Amount $125,000.o0 Pr±n¢ipal R.E.C.Realty Co. Richmond Shorest at Peconic Date of Bond 9/19/79 Subd bond-map of For Obligee Address ~Pw~ ot= ~qO~hold: NY This Company is surety on the bond descrZbed above~ Aslsuch surety~ we ~are ~itally interested in securing the proper, answers to the questions below. We ~ou!d appreciate it, if you w~l~ c~mpl~te the blanks provided and return the report. Thank you. Sincerely Ko Z lov~ Erna Has bonded work been~satisfactorily ¢ompleted? ~ What was date cfi final acceptance? ,i("c~ ,~.~ ;; ~: What i = percentage ioz work has been done? When i's final_ap!prova.1 anticipated? i Remarks BY: . Eas'~ern Department ? 129 Fu ton Streez r' New- York., NY 10038 · (2t~)~ 349-3200 '. , ' ,. RICHARD F. LARK ATTORNEY AT LAW April 18~ 1980 Southold Town Planning Board Main Road - Town Hall Southo!df New York 11971 ATT: Muriel Tolman, Secretary RE: Richmond Shores at Peconic Dear Ms. Tolman: O- ~ In connection with the above,captioned subdivision I am enclosing herewit~i~x~prints of the revised site plan prepared by Young & Young. If you have any questions concerning this matter, please contact me. RFL: mid Enclosures RICHARD F. LA~K ATTORNEY AT LAW February 4, 1980 Southold Town Planning Board Main Road Southold, New York 11971 ATT: Muriel Tolman, Secretary/Clerk RE: Richmond Shores at Peconic, Filed Map No. 6873 Dear Ms. Toiman: Per your letter of October 16, 1979, I had Young & Young prepare a Site Plan for this cluster realty subdivision and accordingly I have submitted three copies to the Building Inspector for his comments. Enclosed is a copy of the letter to the Building Inspector. I am also enclosing a copy of the Richmond Shores at Peconic covenants and restrictions which is filed in the Office of the Clerk of Suffolk County in Liber 8732, pag 449. Kindly place same with your file. After you receive the comments from the Building Inspector, I would appreciate your presenting the same to the Planning Board. If you have any questions, do not hesitate to contact me. Very/~uly your~, l~:i. chard F RFL:bc Enclosures SUFFOLK COUNTY CLERK'S OFFICE ARTHUR J. FELiCE, COUNTY CLERK RIVERHEAD NEWYORK 11901 PHONE: 727-4700 To Whom This May Concern: The Subdivision Map of: Was Filed, Filed Number, Abstract Number, Township, Book, 11/20/79 15 Ver~> trtfly yours, Count)~[~Clerk Map Department Form No. 49 12-141N HENRY E. RAYNOR. Jr. Chairman FREDERICK E. GORDON J.~FE S WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHtE LATHAM, Jr. T~P DD Southold, N.Y. 11971 October 16, 1979 TELEPHONE 765- 1988 Richard Lark, Esq. Main Road Cutchogue, New York 11935 Re: Richmond Shores at Peconic Dear Mr. Lark: Please be advised that as per Section 100-136C of the Code of the Town of Southold the following is necessary. "Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article XIIi of this chapter .......... " Yours truly, Muriel Tolman, Secretary Southold To%mPlanning Board RICHARD F. LARK ATTORNEY AT LAW November 14~ 1979 Southold Town Planning Board Town Hall Southold, NY 11971 ATT: Muriel Tolman, Secretary RE: Richmond Shores at Peconic Dear Ms. To!man: In connection with the above-mentioned subdivision, I am enclosing two ~4ylar prints, one cloth print and three paper prints of the subdivision map. Please present same to the Chairman for signature at your meeting tonight, and return to me for filing with the County Clerk. RFL/mld Enclosures (6) ~D HENRY E. RAYNOR, ,Ir.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. Southold, N.Y. 11971 October 10, 1979 TELEPHONE 765~1938 Richard Lark, Esq. Main Road Cutchogue, New York 11935 Re: Richmond Shores at Peconic Dear M~. Lark: The following action was taken by the Southoid Town Planning Board at a regular meeting held September 28, 1979: RESOL~VED to extend the time in which to meet the conditions of approval of the subdivision to be known as"Ricb~ond Shores at Peconic" for 45 days. It will be necessary that you present to the Town Clerk a check in the amount of 4% of the approved bond for inspection fee. Yours truly, Muriel Tolman, Secretary Southo!d Town Planning Board I:~[CHARD F. LARK AtTORi~EY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORI( ~935 Septe~er 28~ 1979 South~ld Town Planning Board Town Hall Southold~ New York 11~71 ATT: Henry E, Raynor~ Jr~ Chairman RE: Richmond Shores at Peconic Dear Mr. Raynor: As a follow up to my letter of September 25, 1979, I am enclosing a photocopy of the $125,000.00 Performance Bond as required by your letter of July 30, 1979. I have delivered the original on this date to the Town Clerk. Very truly yours, ~ichard P, Lat~k RFL/mld Enclosure RICHARD F. LARK ATTORNEY AT LAW September 25, 1979 Planning Board Town of Southold Town Hall Southold, New York 11971 ATT: Henry E. Raynor, Jr., Chairman RE: Richmond Shores at Peconic Dear Mr. Raynor: In connection with your letter of July 30, 1979 with reference to the above-captioned subdivision, I am enclosing the following: Revised map of Richmond Shores at Peconic prepared by Young & Young, showing %he notation on the map "Vehicular Access Except For Maintenance and Emergency To and From Reserved Area "A" Shall Be PrOhibited". Copy of Declaration of Protective Covenants and Restrictions - Richmond Shores at Peconic dated August 8, 1979, with a letter of the Town Attorney~ Robert W. Tasker dated July 24, 1979, approving the form. I will forward you a copy with the recording informatmon after same has been recorded in the Suffolk County Clerk's Office. The owner, Mr. Robert Cummins has applied for and is awaiting the performance bond in the amount of $125,000.00. I am also awaiting the final approval from the Suffolk County Department of Health for the (SPDES) Permit which will allow annotation of the linen copy of the map. On behalf of Mr. Cummins I am requesting an extension of 45 days from the 60 days indicated in your letter of July 30, 1979, to accomplish the above. RFL/bd Enclosures Very 'truly yours RiCharD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 97 CUTCHOGUE, NEW YORK ll935 TELEPHONE 516 734-6807 August 13, 1979 Southold Town Planning Board Town Hall Southold, NY 11971 RE: Richmond Shores at Peconic Gentlemen: In connection with your resolution of July 23, 1979, I am enclosing a photocopy of the executed Covenants and Restrictions which have been previously approved by the Town Attorney, Robert Tasker. The original Covenants and Restrictions will be recorded at the time the map is filed in the Suffolk County Clerk's Office and at that time I will advise you of the recording information. Very ~ly your~s ~ /~chard ~./Lark RFL/mld Enclosure Bennett 0rlowski, Jro July 30, 1979 Richard Lark, Esq. Main Road Cutchogue, New York 11935 Dea~ M~. La~k: The following actionwasts_ken by the SoutholdTo~!~uning Board at a regular meeting held July 23, 1979. WHEREAS, a formal application for the ~oproval of a subdivision plat, entitled "Richmond Shores at Peconic" was submitted to thePlanning Beard on July 9, 1976, and an application fee Ln the amo~mat of $190was paid on July 9, 1976, and W~AS, a public hearing was held on said subdivision application and final plat at the Town H ali in Southold, New York, on June 12, 1979 at 8:00 p.m., and WHEREAS, a performance bond in the amount of $125,000 ~_ll be to be filed with the Town Clerk to insure satisfactory of all required improvements within a period of three years from the date of this resolution, and WHEREAS, the requirements of the Subdivision Regulations of the To?m of Southoldhave been met by said subdivision Plat and application except as noted below. Now, therefore, be it RESOLVED, that the application of R.E.C: Realty Company for approval of said subdivision plat prepared by Young & Young and dated May 10, 1979 be approved subject to the following modifications, and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat Richard Lark~ Esq~ -2- July 3~ 1979 upon compliance by the applicant w~th such modifications as noted below~ Howe~r~ if such modifications sro not made within sixty ~60) days from the date O~ this resolutio~ the plat sP~ll be dee~ed disapproved~ Vehicular acoes~ except for maintenance and emergencies, to and from Re~erved Area ~A~ along Main Road shall be prohibited ~ud ~uch restriction shall be noted on the final Receipt of covenaut~ and restrictions and proposed creation of Home Owner~ ~ssociation approved by the Town Attorney. Yours truly, HENRY E. RAYNOR~ JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary ROBERT w rfASKER OFFICE OF:To ATTORNEY i'OWN rOF SOUTHOLD TELEPHONE (516) 477-1400 425 MAIN~ I, GREENPORT_ L.I, NEW YORK [1944 July 24, 1979 Richard F. Lark, Esq. Main Road P.O. Box 973 Cutehogue, New York 11935 Re: Declaration of Covenants and Restrictions Applicable to Map of Richmond Shares at Peeonic Dear Dick: I have reviewed the revised declaration of protective covenants and restrictions applicable to the above subdivision map and I find them in order. Yours very truly, ROBERT W. TASKER RWT: MY CC: Southold Town Planning Board DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS RICHMOND SHORES AT PECONIC DECLARATION made this 8th day of August 1979, by RoE.C~ i~ILEALTY CO co-partnership with offices at 515 Rockaway Avenue - ~ a , ~ P. O. Box 39~ Valley Stream, New York hereinafter called the Declarant. , ' WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designa- ted as Lots 1 through 24 on a certain map entitled "Map of Richmond Shores at Peconic, Town of Southold, Suffolk County, New York" filed in the office o~ the Clerk of the County of Suffolk on the ~ay of as Map No. 1979, '~ WHEREAS, the Declarant ~ setting forth reservations, ~ ~o make this Declaration ~ tlons, covenants, conditions and agreements, subject to which the property shown on said map is now held and Shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the followin~ covenants and restrictions which shall run With the land: ~ 1. Definition of lot. A "lot" is such parcel as is sepa- rately numbered as aloE on the aforesaid map. 'i 2. No lot shall be subdivided, sold or conveyed, except as [!a whole, without the written permlsszon of the Declarant or its !successors or assigns, zn znterest and the consent of the Planning .~pB°ard of the Town of Southold. No lot shall be use~ for access iito ad]oining property. 3. No lot shall be improved or have placed or maintained ithereon any structure other than a single family dwelling, not to iexceed two stories in height with a de~ached private garage for ~non more than three (3) automobiles. A two-s~ory dwelling shall ~contain a firs~ floor area of not less than 1,000 square feet, !ianda one-story dwelling shall contain a floor area of not less hthan 1,400 square feet exclusive of detached garages, carports, ~open breezeways nae- ~ _ . ~ · ~ ~mos, terraces or basements. Asbestos siding ~sna±l not be used on any dwelling or structure 4. No building or structure shall be erected on any lot !until the building plans as to the location on the lot, the outward appearance and design have been approved, in writing, by the Declarant. There shall be no alteration to the exterior of any dwelling or structure except zn accordance with the plans~ and specifications which have received the prior written approval of the Declarant or its successors or assigns. All dwellings and structures shall conform to all applicable codes and regulations ~of the Town of Southold, and no varmance thereof may be obtained iwithout written approval of the Declarant or its successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarant, its successors or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarantr its successors or assigns, shall neither approve or disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. 5. No lot shall be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be' carried on in any residence or anywhere on the property.. Specifically exempt from this restriction, however, are the ,ractice of medicine, dentistry, law and architecture, providing the profession does not exceed the licensed practitioner and one assistant. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. 6. No signs other than one identifying the owner's name and number of the house or professional smgn shall be erected on the ?premises. Permissable szgns shall not exceed 10 inches by 20 inches, comprised of a white field with black let ~. · ters or a black i fleld Qlth gold letters. This restriction shall not prohibit the iDeclarant, its successors or assigns, from using said Dremises or ~lany part thereof for the sale of real estate, including the right !ito place subdivision advertising signs or model home signs on the I!premises i! 7. No fences or exposed clotheslines shall be erected or !ihedges grown Upon the property without prior written approval of ~ithe De~clarant, its successors or assigns. !i 8. No animals, livestock or poultry of any kind shall be i!raised, bred or maintained on any lot, except for dogs, cats, or i!other household pets provided th~v are not raised ~e I~ , ~ ~ . _ , d or matn- ~a~neG zor any commercial purpose. No animals shall be housed on ilthe exterior of the premises, with the exception of doghouses. ~ 9. All debris must be removed from any lot prior to occu- ~!pancy. No area of the premises may be used for the dumpmng or i[storage of garbage, and all such materials shall be stored in ~isanitary containers and shall be removed regularly from the ilpremises. The grounds of each lot shall at all times be reason- i':ably well maintained. -2- 10. No swimming pool shall be constructed above grade. 11. Ail exterior construction, including roof, exterior ~ .~walls, painting, windows, doors ~nd landscaping shall be com- ?pleted within one (ii year from the date construction conLmences 12. No electric or telephone poles shall be allowed on the ~,~premises as all utility services for electric and telephone .will be. installed by a residential underground system. 13. The Declarant, its successors'and assigns, reserve the ~[right to dedicate all streets, roads, drainage areas and ease- !~ments to the Town of Southold for highway and drainage purposes~ ~[~, t4.~ The Declarant, its successors and assigns, sets aside [land reserves for recreational areas in perpetuity, the following ~parcets appearing on the Map of Richmond Shor,e,s at Peconic, and ~marked as Reserved Area "A", Reserved Area "B',Reser~ed Area ~'C" ~,~ and Reserved Area "D", subject to the following conditions: (a) Declarant convenan~s and agrees that at or before 14 ~f the lots have been conveyed by it to third parties, that it will, at its own cost and expense, establish ~ not-for-profit corporation to be known as "Richmond Shores Property Owners Association , hereinafter referred to ~s the "association" and within -sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to said Reserved Areas "A to D" inclusive, together with any and a-ll private streets shown on said subdivision map and any and all areas sho~n on said subdivision map for future highway dedication. (b) The use of the Reserved Areas "A"~ "B"~ "C" and [~D" as shown on the filed map shall be for recreational and conserva= tionsl purposes in accordance with the rules and regulations as may be promulgated by the Declarant or the property owners !association to be formed. The Declarant, its successors or !iassigns, may construct recreational facilities in these areas il subject tO the approval of the Planninq Board of the Town o~ !~ Southold. 15. Upon the creation of the association as hereinbefore ilprovided, every owner of a lot shall be deemed a member thereof, !~and shall be subject to the by-laws and rules and regulations ~ the reo f. 16. Within sixty (60) days after the creation of said !~association, by-laws shall be adopted for the government thereof !which said by-laws and any amendments thereto shall be approved iby the Town Board of the Town of South01d. 17, The bv-laws of such association shall, i.n addition to !other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- [!tionate share of the expenses of the association including taxes, insurance and any and all expenses ~ncurred by the association ?for the improvement, maintenance and use of the property of the ~ association. '-3-- ~ {c} That every lot owner shall have an equal right, in ~[com~on with all other lot owners, to the use and enjoyment of - ~lthe proper~y of the association, subject however, to the by-laws -and rules and regulations of the asssciation. {d) That the association sh~ll have the right to borrow {such sums of money as it deems necessary for cost of the main- tenance and improvemenn of its property and to secure the same b ~, y a lien on its proper~y. (e) That the association shall have the right to suspend i the voting rights of a lot owner for his failure to pay when due ![any and all char~es due the association; that all such unpaid !!charges shall be a lien on the lot of such owner and hh~t the ~assocmation shall have the right to collect the same and to ~enforce the lien thereof by any means authorized by law. ~! ~f) That the association shall pay all taxes, assess- ments and other charges imposed by any governmental agency as and [when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of its properny and members. (h) That the association shall use, operate, and main- tain a~l of its~stree~s and other property owned by it in a safe and proper manner and mn accordance with the laws, rules and regulations of the Town of Southold and other governmental agencies having 2urisdiction therecf. (i) That the d.uration of the association shall be {-perpetual. 18. These covenants and restrictions shall run with the land [ ~hereby and shall bind and inure to the benefit of said parties ~hereto, their heris, administrators mnd assigns untlt January 1, -2000, after which time they shall be automatically extended for i successive periods of ten (10) years each unless an instrument iisigned by the then owners of a majority of all of the lots auree i~to change such covenants and restrictions in whole or in peri, i}shall have been recorded, however, notwithstandinc any Df the [ above Reserved Areas '~A' through "D~: inclusive, shall ~emamn in ~perpet~ity. ~9. These covenants and restrictions may be enforced bv an {~action fcr damages or ~njunctmons or both. The Declaranu, i~successors or ass~ns~ hereby reserve the right to alter, modify, extend, terminate or annul any of these covenants in whole, or in part~ without the consent of any person. 20. Invalidation of any of the aforesaid covenants and restrictions ky judgment or couru order shall not affect any of the other provisions which shall remain ~n full force and effect. --4-- Failure ~o enforce any provision here~n contained ~n any par- ?ticular instance shall not be d'eemed a waiver of the right to do ;'~so as to any continuing, subsecuen~ or other vio. lation. IN WITNESS WHEREOF, the Declarant has duly executed this i!Declaration the day and year first above written. R.E.C. REALTY CO. By Robert E. Cummins iSTATE OF NEW YORK: : ss.: i COUNTY OF SUFFOLK: On the day of ~?'~.~P , 1979, before me personally llcame Robert E. Cummins to me ~nown, who, being by me duly sworn, hdid depose that he resides at 18 Arleigh Road, Great Neck, New ~York, that he is a. partner of R.E.O. Realty Co. ~ the co-partner- ii ship described in and which executed the foregoing instrument. ~ ~ ~ ~-~ Notary Public --5--¸ DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS RICHMOND SHORES AT PECONIC DECLARAT/ON made this day of , 1979, by 'RoE.C. REALTY CO., a co-partnership with offices at 515 Rockaway Avenue, P. O. Box 39, Valley Stream, New York, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designa- ted as Lots 1 through 24 on a certain map entitled "Map of Richmond Shor~s at Peconic, Town of Southold, Suffolk County, New York" filed in the office of the Clerk of the County of Suffolk on the day of , 1979, as Map No. WHEREAS, the Declarant desires to make this Declaration ~etting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants and restrictions which shall run w~th the land: 1. Definition of lot. A "lot" is such parcel as is sepa- rately numbered as a lot on the aforesaid map. 2. No lot shall be subdivided, sold or conveyed, lexcept as whole, without the w~itten permission of the Declarant or its successors or assigns, in interest and the consent of the Planning Board of the Town of Southold. No lot shall be use~ for access to adjoining property. 3. No lot shall be improved or have placed or maintained thereon ~any _structure other than a single family dw~linq, not~ to exceed two stories in height with a detached private garige for not more than three (3) automobiles. A two-story dwelling shall contain a first floor area of not less than 1,000 square feet, and a one-story dwelling shall contain a floor area of not less than 1,400 square feet exclusive of detached garages, carports, open breezeways, patios, terraces or basements. Asbestos siding shall not be used on any dwelling or structure. 4. NO building or structure shall be erected on any lot ~ntil the building plans as to the location on the lot, the outward appearance and design have been approved, in writing, the Declarant. There shall be no alteration to the exterior by any dwelling or structure except in accordance with the plans°f and specifications which have received the prior written approval of the Declarant or its successors or assigns. All dwellings and structures shall conform to all apPlicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarant or its successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarant, its successors or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarant, its successors or assigns, Shall neither approve or disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. 5. No lot shall be used or maintained for any purpose other a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, howevert are the ce of medicine, dentistry, law and architecture, providing profession does not exceed the licensed practitioner and one ~ssistant. No obnoxious or offensive activities shall be carried upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the ~eighboring properties. 6. No signs other than one identifying the owner's name and number of the house or professional sign shall be erected on the premises. Permissable signs shall not exceed t0 inches by 20 inches, comprised of a white field with black letters or a black field with gold letters. This restriction shall not prohibit the Declarant, its successors or assigns, from using said premises or any part thereof for the sale of real estate, including the right to place subdivision advertising signs or model home signs on the premises. 7. No fences or exposed clotheslines shall~be erected or hedges grown upon the property without prior written approval of the Declarant, its successors or assigns. 8. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats, or other household pets provided they are not raised, ~ed or main- tained for any commercial.purpose. No animals shall be housed on the exterior of the premises, with the exception of doghouses. 9. All debris must be removed f ......... · flpancy. No area of the ~r~ .... ~ .... ~_lo~ prior to occu- storage of garbage, and~a~,~may_De.u~ed ~or the dumping or · . ucn mater~a±s shall be stored in l!san~tary containers and shall be removed regularly from the llpremises. The grounds of each lot shall at all times be reason- t~ably well maintained. -2- 10. No swimming pool shall be constructed above grade. 11. Ail exterior construction, including roof, exterior walls, painting, windows, doors and landscaping shall be com- pleted within one (1) year from the date construction commences. 12. No electric or telephone poles shall be allowed on the premises as all utility services for electric and telephone will be installed by a residential underground system. 13. The Declarant, its successors and assigns, reserve the right to dedicate all streets, roads, drainage areas and ease- ments to the Town of Southold for highway and drainage purposes. 14. The Declarant, its successors and assigns, sets aside and reserves for recreational areas in perpetuity, the following parcels appearing on the Map of Richmond Shores at Peconic, and marked as Reserved Area "A", Reserved Area "B", Reserved Area "C", and Reserved Area "D", subject to the following conditions: (a) Declarant convenants and agrees that at or before 14 of the lots have been conveyed by it to third parties, that it will, at its own cost and expense, establish a not-for-profit corporation to be known as "Richmond Shores Property Owners Association", hereinafter referred to as the "association" and iwithin sixty (60) days thereafter convey to such association all !of the right, title and interest of the Declarant in and to Isaid Reserved Areas "A to D" inclusive, 'together with any and all i{private streets shown on said subdivision map and any and alt ~I areas shown on said subdivision map for future highway dedication. i ii (b) The use of the Reserved Areas "A"~ "B", "C" and "D" as shown on the filed map shall be for recreational and conserva- tional purposes in accordance with the rules and regulations as may be promulgated by the Declarant or the property owners association to be formed. The Declarant, its successors or assigns, may construct recreational facilities in these areas subject to the approval of the Planninq Board of the Town of Southold. 15o Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 16. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 17. The by-laws of such association shalt~ in addition to i!icther matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- iitionate share of the expenses of the association including taxes, ~insurance and any and all expenses incurred by the association ~for the improvement, maintenance and use of the proper~y of the tlassociation. -3- (c) That every lot owner shall have an equal right, common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the main- tenance and improvement of its property and to secure the same by a lien on its property, (e) That the association shall have the right to suspend t~he voting rights of a lot owner for his failure to pay when due any and all charges due the association; that all such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assess- ments and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of its property and members. (h) That the association shall use, operate, and main- tain all of its streets and other property owned by it in a safe and proper manner and in accordance with the laws, rules and regulations of the Town of Southold and other governmental agencies having jurisdiction thereof. (i) That the duration of the association shall be perpetual. 18. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said parties hereto, their heris, administrators and assigns until January 1, 2000, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree ~to change such covenants and restrictions in whole or in part, ishall have been recorded, however, notwithssanding any of the above Reserved Areas ~A'~ through "D'~ inclusive shall remain in perpetuity. , 19. These covenants and restrictions may be enforced by an action for damages or injunctions or both. The Declarant, its successors or assigns, hereby reserve the right to 'alter, modify, extend, terminate or annul any of these covenants in whole, or in part, without the consent of any person. 20. Invalidation of any of the aforesaid covenants and ~ restrictions by judgment or court order shall not affec~ any of ithe other provisions which shall remain in full torce and effect. -4- Failure to enforce any provision herein contained in any par- ticular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violation. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. R.E.C. REALTY CO. By Robert E. Cummins STATE OF NEW YORK: : COUNTY OF SUFFOLK: SS.: On the day of , 1979, before me personally came Robert E. Cummins to me known, who, being by me duly sworn, did depose that he resides at 18 Arleigh Road, Great Neck, New York, that he is a partner of R.E,C. Realty Co., the co-partner- ship described in and which executed the foregoing instrument. Notary Public -5- ROBERT W. TA$ KER Town Attorney OFF¸ D 425 MAiN ST. GREENPORT, L.I.. NEW YORK 11944 TELEPHONE (516) 477-1400 July 24, 1979 Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, New York 11935 Re: Declaration of Covenants and Restrictions Applicable to Map of Richmond Shares at Peconic Dear Dick: I have reviewed the revised' declaration of protective covenants and restrictions applicable to the above subdivision map and I find them in order. Yours very truly, ROBERT W. TASKER RWT:iMY CC: Southold Town Planning Board RAYMOND C. DEAN Superintendent Tel. 765-3140 734-5211 July 20, 1979 Southold Town Plamaing Board Road Southold~ New York 11971 Re: Richmond Shores @ Peconic Gemtlemen: I approve of the layout of the roads and drainage o~ the final preliminary map of this subdivision. ruly yours, RAYMOND C. DEAN Sup ' t of Highways COUNTY OF SUFFOLK DEPARTMENT OF PLANNING I. EE E. KOPPELMAN D~IRECTOR OF PLANNING July 12, 1979 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Dear Mr. Raynor: Re: Map of Richmond Shores at Peconic Southeasterly corner of Main Road, New York State Route 25, and Indian Neck Road, Peconic, New York. The Suffolk County Planning Commission at its regular meeting on July 11, 1979, reviewed the proposed subdivision plat entitled, "Map of Richmond Shores at Peconic", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following condition deemed necessary to help preserve the safety and carrying capacity of Main Road: Vehicular access, except for maintenance and emergencies, to and from Reserved Area "A" along Main Road shall be prohibited and such restriction shall be noted on the final map. The Commission also offers the following comment on the map: The Commission commends the Town Planning Board for a well designed sub- division layout utilizing the "cluster" concept. Very truly yours, CGL:jk File: S-SD-79-05 Encl.: Map Lee E. Koppelman Director of Planning Charles G. Lind Chief Planner Subdivision Review Section cc: A. J. Felice, County Clerk 979-2920 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 1 1971 TELEPHONE (516) 765-1801 July 3, 1979 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: At a regular meeting of the Southold Town Board held on June 26, 1979 a resolution was adopted to accept the amount of $125,000 for a bond for the subdivision be known as "Richmond Shores at Peconic". Very truly yours, Judith T. Terry Town Clerk cc: Richard Lark, Esq. Ber~ett Orlowski~ Jr~ June 27, 1979 Raymond C. Dean Supt. of Highways Dear Me, Dea~: I am enclosing the final preliminary ~ap of t~e subdivision of Richmond Shores at Peoonic (Cummins), We nesd a letter for o~r file in which you give approval te the roads and drainage on this ~ap. Yours truly, HENRY E. RAYNOR, Jr., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Brush, Secretary D FRANK S. COYLE HENRY E. RAYNOR, J£. ~ Chm. FREDERICK E. GORD(AN JAMES WALL Bennett Orlowski, Jr. Southold, N.Y. 11971 June 22, 1979 TELEPHONE 765- 1938 Southold Town Board Town Hall Southold, New York 11971 Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held June 12, 1979. RESOLVED to recommend to the Southold Town Board the bond amount of $125,000 as prepared by Lawrence M. Tuthill, POE., under date of May 29, 1979 for the subdivision to be known as "Richmond Shores at Peconic". Enclosed is the bond estimate~ Yours truly~ HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TO~N PLANNING B0~3bD By Muriel Brush, Secretary E~ciosure Copy to Richard Lark, Esq. LEGAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, Public Hearings will be held by the Southo!d Town Planning Board at the Town;Hall, Main Road, Southoid, New York, in said town on the 12th day of Jtuae, i979 on the question o£ the following: 7:30 p.m. Approval of the minor subdivision of property o£ the Frank H. Case Estate situate, lying and being at Cutchogue in the Town off Southo!d, Cotunty of Suffolk and State of New York, bounded and described as follows: From a point formed by the southeast juncture of the inter- section of Green Way and Case's Lane Extension, private roads as sho,ma on a subdivision map entitled "Map of Fairway Farms" and filed in the Office of the Suffolk County Clerk on February 15, 1974 as Map No. 6066; from said point a distance 50.94 feet north more or less along the easterly side of Case's Lane Extension to the point or place of Beginning. From said point or place of beginning thence N. 15° 02' 30" E. along the easterly side of Case's Lane Extension 802.25 feet; thence along Caseron Properties, Inc. d/b/a Cedar~ Golf Club the following three courses: (1) S. 80° 05' 30" E. 179.75 feet; (2) S. 55° 07' 20" E. 153.32 feet; (3) S. 36° 52' 20" E. 95 feet to the center line of a gutter or canal; thence 610 feet along the arm or branch of West Creek; thence N. 85° 58' 20" W. 400 feet more or less along the nor~herly border of Fairway Farms Recreation Area to the point or place of BEGINNING. 8:00 p.m. Approval of the final map of the subdivision to be kno~ma as "Richmond Shores at Peconic" situate, lying and being at Peconic, Town of ~outho!d, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the intersection of the easterly line of Indian Neck Road with the southerly line of Main Road (N.Y.S. Route 25); from said point o£ begirnaing rum_ning thence along said southerly line o£ Main Road two courses as follows: (1) N. 46° 38' 40" E~ 490.04 feet; thence (2) N. 38° 30' E. 337.92 £eet to land now or formerly of Wester!und; running thence along land last menzioned Legal Notice -2- Pla~ ng Board three courses as follows: (1) S. 40° 40' E. 181.37 feet; thence (2) N. 49° 23' 50" E. 120.28 feet; thence (3) N. 48° 25' 40" E. 99.90 feet to land now or formerly of Skwara; running thence along land last mentioned three courses as follows: (1) S. 27° 18' 40" E. 521.50 feet; thence (2) So 49° 39' 20" W. 326e10 feet; thence (3) S. 29° 43' E. ll5 feet, more or less, to the ordinary high water mark of Richmond Creek; ru~_ning thence along said water mark in a southerly direction a disvance of 750 feet~ more or less; running thence S. 69° 24' W. 710 feet, more or less~ to said easterly line of Indian Neck Road; running thence along said easterly line N. 24° O0~ W. 1236.91 feet to the point or place of beginning. Containing 27.2 acres, more or less~ Any person desiring to be heard on the above matter shoo~d appear at the time and place above specified. Dated: May 29~ 1979 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HE~,~RY E. RAYNO~ JRt, CHAIRMAN PLEASE PUBLISH ONCE, JUNE 7, 1979, AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies mailed to the following on May 29, 1979: The Suffolk Times The L. I. Traveler-Watchman Russell B. Case Richard F. Lark, Esq. Supervisor Albert M. Martocchia LEGAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Sec- tion 276 of the Town Law, Public Hearings will be held by the Southold Town Plan- ning Board at the Town Hall, Main Road, Southold, New York, in said town on the 12th day of June, 1979 on the question of the following: 7:30 p.m. Approval of the minor subdivision of property of the Frank H. Case Estate situate, lying and being at Cutchogue in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: From a point formed by the southeast juncture of the inter- section of Green Way and Case's Lane Extension, pri- subdivision map entitled "Map of Fairway Farms" and filed in the Office of the Suffolk County Clerk on Feb- ruary 15, 1974 as Map No.. 6066; from said point a dis- tance 50.94 feet north more or less along the easterly side of Case's Lane Extension to the point of place of Beginning. From said point or place of beginning thence N. 15° 02' 30" E. along the easterly side of Case's Lane Extension 802.25 feet; thence along Caseron Properties, Inc. d/b/a Cedars Golf Club the following three courses: (1) S. 80° 05' 30" E. 179.75 feet; (2) S. 55° 07' 20" E. 153.32 feet; (3) S. 36° 52' 20" E. 95 feet to the center line of a gutter or canal; thence 610 feet along the arm or branch of West Creek; thence N. 85° 58' 20" W. 400 feet more or less along the northerly border of Fairway Farms Recreation Area to the point or place of BEGINNING. 8:00 p.m. Approval of the final map of the subdivision to be known as "Richmond Shores at Peconic" situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspaper printed at Southold, in Suffolk County; 3nd that the notice of which the annexed is o printed copy, 'las been published in said Long, Island Traveler-Watch- man once each week for .......... ~. ........................... weeks ~uccessively, commencing o~ the ...... 7. ............................... d ....................... 19../.L. BEGINNING at the inter. ' ................................................................... section of the easterly line of Indian Neck Road with the (N.Y.S+ Route 25); from said point of beginning rUu~;~r~gv thence along said so Y line of Main Road two courses as follows: (1) No. 46° 38' 40" E. 490.04 feet; thence (2) N. 38° 30' E. 337.92 feet to land now or formerly of Wester- lund; running thence along land last mentioned three courses as follows: (1) S. 40° 40' E. 181.37 feet; thence (2) N. 49° 23' fi0" E. 120.28 feet; thence (3) N. 48° 25' 40" E. 99.90 feet to land now or formerly of Skwara; running thence along land last men- tioned three courses as fol- lows: (1) S. 27° 18' 40" E. 521.50 feet~ thence (2) S. 49° 39' 20" W. 326.10 feet; thence (3) S. 29° 43' E. 118 feet, more or less, to the ordinary high water mark of Richmond Creek; running thence along said water mark in a southerly direction a distance of 750 feet, 'more or less; running thence S. 69° 24' W. 710 feet, more or less, to said easterly line of Indian Neck Road; running thence along said easterly line N. 24° 00' W. 1236.91 feet to the point or place of beginning. Containing Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: May 29, 1979 BY ORDER OF THE souTHOLD ToWN PLANNING BOARD HENRY E. RAYNOR JR., Chairman ~wom to before me this ........................ day or ~..~...: ................. -n ~' ...... ~9....I...[ I',E GAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Sec- tion 276 of the Town Law, Public Hearings will be held by the Southold Town Plan- ning Board at the Town Hull, Main Road, Seathold, New York, in said town on the 12th day of June, 1979 on the question of the following: 7:30 p.m. Approval of the minor subdivision of property of the Frank H. Case Estate situate, lying and being at Cutchogue in the Town of Southold, County of Suffolk and State of New York, bound- ed and described as follows: From a point formed by the southeast juncture of the in- tersection of Green Way and Case's Lane Extension, pri- vate roads as shown on a subdivision map entitled "Map of Fairway Farms" and filed in the Office of the Suffolk County Clerk on Feb- ~ruary 15, 1974-as Map No. 6066; from said point a dis- lance 50.94 feet north more or lees along the easterly side of Case's Lane Extension to the point or place of Beginning. From said point-or place of beginning thence N. 157 02' 30" E. along the easterly side of Case's Lane Extension 802.25 feet; thence aleng Case- ron Propertiee, Inc. d/b/a Cedars Golf Club the following ihrce courses: (1) S. 30" E. 179.75 feet; (2) S. 55' 07' 20" E. 153.32 feet; (3) S. 36' 52' 20" E. 95 feet to the center line of a gutter or canal; thence 610 feet along the arm or branch of West Creek; thence N. 85' 58' 20" W. 400 feet more or less along the northerly border of Fairway Farms Recreation Area to the point or place of BEGINNING. S:00 p.m. Approval of the final map of the subdivision to be known as "Richmond Shores at Peconic" situate, lying and being at Pecon~c, Town of Seathold, County of Suffolk and State of New York, bounded and described as fol- lows: BEGINNING at the inter- section of the easterly line of Indian Neck Road with the southerly line of Main Road (N.Y.S. Route 25);~from said point of beginning running thence along said southerly line of Main Road two courses as follows: (1) N. 46* 38' 40" E. 490.04 feet; thence !4~ N. 38° 30' E. 337.92 feet to h iow or formerly of Weeterl~_, t; run- ning thence along 'land last mentioned three coursee as follows: (1) S. 40' 40' E. 181.37 feet; thence (2) N. 49' 23' 50" E. 120.28 feet; thence (3) N. 48' 25' 40" E. 99.90 feet to land now or formerly of Skwara; running thence along land last mentioned three courses as follows: (1)-S. 27' 18' 40" E. 521.50 feet; thence (2) S. 49' 39' 20" W. 326.10 feet; thence (3) S. 29° 43' E. 115 feet, more or less, to the ordinary high water mark of Richmond Creek; running thence along said water mark in a southerly direction a distance of 750 feet, more or less; running thence S. 69° 24' W. 710 feet, more or less, to said easterly line of Indian Neck Read; running thence along said easterly line N. 24~ 00! W. 1236.91 feet to the point or place of beginning. Containing 27.2 acres, more or less. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: May 29, 19~9 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN 1TJ7-3234 ['Y OF SUFFOLK, OF NEW YORK, ~ ss: ......... l:~ing duly Sworn, :t . .: .... is Printer and Publisher of the SUFFOLK ~' TIMES, a newspaper published at Greenport, in said md that the notice, of which ~e annexed is a printed ~ been published in the s~d Suffolk Weekly Times ach week, for .......................... weeks ;ly commencing on the e/ore me this RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE. NEW YORK 11935 TELEPHONE 516 734-6807 June 2~ 1978 Southold Town Planning Board Town Clerk's office ~in Road Southold~ New York 11971 ATT: Muriel Brush, Secretary RE: Proposed Major Subdivision - "Richmond Shores at Peconic"t Peconic~ New York. Dear Mrs. Brush: In preparation of the public hearing in the above- captioned matter, I am enclosing 12 copies of the map dated May 25, 1978 which has been amended to incorporate some of the recommendations of Mr. Lawrence Mo Tuthill in his letter of May 15, 1978. Very truly yours, RFL/mld Enclosures PI FRANK S. COYLE HENRY E. RAYNOR. Jr. FREDERICK E. GORDON JAMES WALL Bennett Orlowski, Jr ~ Southold, N.Y. 11971 May 30, 1979 TELEPHONE 765-1938 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section lX33, Article XIII of the Suffolk County Charter, the Southold Town Plauning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: Name of Plat - Richmond Shores at Peconic Hamlet - Peconic, Town of Southo!d Material Submitted: Proposed plat - 3 copies; Grading plan, profiles, drainage plan, and topographical combined on one map° This map is marked preliminary with the last amendment May ll, 1979 and has been approved by the Southold Town Planning Board by resolution dated May 21, 1979. Yours truly, HENRY E. RAYNOR, JRo, CHAIRMAN SOUTHOLD TOWN PLAA~ING BOARD Enclosures By Muriel Brush, Secretary LAWRENP-E M. TUTHILL PROFESSIONAl. ENGINEER INLET LANE EXT. I~i~E£NPORT, N,Y. 11944 May 29, 1979 Southold Town Planning Board Main Road Southold, ~ 11971 ~e Subdivision entitled "~chmond Shores at Peconic dated May 1I, 1979 Gentlemsnt My estimate for the roads and improvements at the Richmond Shores at Peconic is as follo~m: ~and clearing none ~ugh grading 1,200 cy @ $ 2.50/cy Fine grading 1,900 If ~ 1.50/lf Surfacin~ 1,900 If ~ $ 15.00/lf Curbing ~eguiar 3,~OO If $ $ 4~O0/lf Integral 400 If ~ $ 6oO0/lf Drainage Catch basins 5 $ $ 800.00 ea. ~n~holes 3 @ $ 800.00 ea $ 1 .oo/1 Headwa!! 2 @ $ ~OOo00 ea. 3,000.00 2,850°00 28,500 o00 13,600oO0 2,400.00 4,0O0.00 2,400~00 8, ~20.00 4oo oo t, 2OO. OO P~ch~rEe basin Excavation 4,000 cy @ $ 2.50/cy lO,O00o00 Fence ~commercial) 640 If$ $ 14.00/lf 8,96o/oo Ourb 18" 640 if @ $ 4.00/if 2,560.00 Pedestrian walk 80 cy ~ $ 4.00/cy 320°00 PlantinE - Japenese black pines 100 @ $ 20.00 ea. 2,000.00 Trees 50 @ $ 50.00 ea. 2,500.00 Seeding 1 acre @~ $ i,6OO/acre 1,600.00 ~i~ns 3 Street~ # stop, 1 Dead end @ $ 70°00 ea 490.00 Monnments 42 @ ~$ 30.00 ea. 1,260.OO Firewel! 1 2, O00. OO ~mi~ist rative costs 6,640.00 Increase costs over 3 year period _20~000.00 $ 125,O00.O0 P~espectifully submitted ~,LDF~N W. YOUNG YOUNG ~ YOUNG 400 OiTR~NDER AVENUE R1VF~RHF_~D, NEW YORK ~z~oz HOW~qRD W. YOUNG May ll~ 1979 ~tar~ing Board Town of Southold $outhold~ New York 11971 Attention: Mrs. Huriel B~sh Re: "Richmond Shores at Peconic~' Peconic~ New York Gentlemen: Transmitted herewith are four (~) copies of the above captioned preliminary subdivision map which has been amended to show the pr¢ppsed fire well. Also enclosed ~a six (6) copies of the above captioned final subdivisionlmap. I understand upon receipt of these ma~s you will have the n~cessary data to schedule this subdivision for a final p~oiic hearing~ Very truly yours,~ Howard W. Young H'w~f :kbf eno. cc: Richard F. Lark~ Es~. + prints April 26, 1979 ~,lr. Pioward ¥o~3m~g 400 O~ ~ ande~ Avenue Riverhead, New York 11901 Dear Mx'. You~g: A review was made of '~ae reco~mmendation of the Southo!d Fire Corn. missioners as to the locati~-~- of the fire~e!l in the subdivision ,Richmond Shores at It was decided that it should be ~iaced on ~ke southeast co£-ner of the recharge basin. A hearing will be se% on the final map upon receipt of same. Yo~rs truly, Murie! Brush, Secretary New York 11901 A review ~s made of %he recommendation of the Southold Fire Commissioners as to the location of the firewell in the sulodivision '~Richmond Shores at Peconic~. It was decided %aat it should be placed on the southeast corner of the recharge basin. A hearing will be set on the final map upon receipt of same. You_~s Muriel Brush, Secretary March 15, 1979 Richard Lark, Esq. Main Road Cutchogue, NewYork 11935 Dear Mr~ Lark: The following mction was taken by the Southold Town Planning Board at a regular meeting held March 5, 1979. RESOLVED to forward the map of "Richmond Shores at Peconic" to the Southold Fire Commissioners and request their recommendation on the placement of a fire well in the subdivision. ~hand delivered this map to Mr. A. W. Albertson ~March 6th for presentation at their meet~i~ that evening. Yours truly, Muriel Brush, Secretary March 6, 1979 Albert ~ Albertson, Jr. Southold Fire Commissioners Sou~hold~ New York 11971 I ~m enclosing map of subdivision to be kno~ as ~Rich~ond Shores at Peconic'~. Nay we have your recommendation on the place- ment of fire hydrant or fire well. Yours truly, Enclosure Muriel Brush, Secre*~ry July 2-6 ~ 1978 ~£~It-~rd Fa Lark~ Cutcho~ New York 11935 Dear ~%% Lark~ The ~$11©win~ action was taken by the Southold Pia~caing Beard a~ a re~.~!a? meeting held J~y !7~ !978~ ?~SOL/?'ZD to approve the pre!imir~ary mai~ of subdivision ~ao~e a~s ~S~ioi~end Shores at Peco~ic~ dated J~ne 28~ 1978 with the exception %b~t the trees are tee close ~d sho~d be fifteer~ feet ap~t~ Your ~k~iei Brush~ Secreta~ FINAL LAYOUT - MAJOR SUBDIVISION DOCUMENT REQUIREMENTS The plat shall show: !. Subdivision name, date, scale and North point ~%,~[~ Certification of title showing o~aership Names of owners of adjacent land 4. Certification by a licensed surveyor as to the accuracy of the survey and plat 5. Primary control points (wherever possible including monuments ±ncluded in the state system of plan coordinates or reference points previously established by public authority) or description and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred. 6. Boundaries of the property; building or setback lines if greater than those required in the Zoning Ordinance; lines of streets, lots, reservations, easements and areas to be dedicated to public use; large trees, groves and other natural features to be prese~¢ed; lengths and deflection angles of all straight lines; radii, lengths, central angles, long chords and tangent distances of all curves. All lengths shall be in feet and hundredths of a foot, and all bearings shall be given to the nearest ten (lC) seconds or closer, if deemed necessary by the surveyor. The error of closure shall not exceed one to ten thousand. 7. Computed area of all lots in square feet. 8. The location of all permanent monuments. 9. Proposed street names as directed by the Board; section, block and lot numbers as directed by the Town Assessor; and house numbers as directed by the Building Department. lC. Designation and purpose of all areas to be dedicated or 0 reserved for public use and of any streets which are not ko be ~"~ de~i~a+~d. ~ /~ ~ ~ 11. Lo~a~mon, width aha purpose of all easement~ 12. The proper form for the approval of the Plar~uing Board, with space for Board members' signatures and those of other required officials. FINAL LAYOUT - MAJOR SUBDIVISION DOCUMENT REQUIREMENTS t. Two (2) copies of final plat application 2. The original final plat tracing 3. Two (2) cloth prints and Three (3) paper prints of the final plat 4. The original and one (1) copy of deeds of cession to streets, rights-of-way, easements o~ other~sites to be devotem to public use, and the original and one (1) c~f agreements, covenants or other documents showing the manner in which streets~ parks and other areas are to be reserved and maintained for the common use of the residents of the subdivision, including provisions for homeowner as~and property assessments, i~needed, all certified as to their legal sufficiency by the -~Twg (2) prints of all construction and landscaping plans and drawings as required by and in accordance with town specifications. An estimate as to the cost of the required improvements, including, but not limited to, streets, curbing, sanitary sewers, storm drain lines, water lines and fire hydrants and/or firewells. 7. One (1) certified copy of the water company contract indicating that mains will be installed and water will be transmitted to the subdivision when available or required. 8. If firewells are to be installed, a copy of the proposed agree- }~ merit to be entered into with the appropriate fire district to '~convey title to said firewells to the fire district when completed, ~together with legal access thereto. The plat to be recorded with the County Clerk shall be printed upon linen or be clearly drawn in India ink upon tracing cloth. The size of ~he sheets shall not exceed twenty by thirty-six (20 x 36) inches, including a margin for binding of two (2) inches outside of the border along the remaining sides. The plat shall be drawn at a scale of no more than one hundred (100) feet to the inch and oriented with the North point at the top of the map. When more th~u one sheet is required, an additional index sheet of the same size shall be filed, showing to scale the entire subdivision with lot and block numbers clearly legible. T( D JOHN WICKHAM Chairma;~ FRANK S.'COYLE HENRY E, RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold. N.Y. 11971 Maroh 6, 1979 TELEPHONE 765 -1938 Mr. Albert W. Albertson, Jr. Southold Fire Commissioners Southold, New York 11971 Dear Mr. Albertson: I am enclosing map of subdivision to be known as "Richmond Shores at Peconic". May we have your recommendation on the place- ment of fire hydrant or fire well. Yo-~ s truly, Murie-i-~Brus:a, ~eore ,~ary Enclosure ~OM: RICHARD ~. LARK MAIN ROAD - P. O. BOX 973 CUTCHOOUE, NEW YORK ~1935 DATE: Margh 5~ ~)79 ATTENTION: Muriel Brush TO: Southold Town.S!arming Board Town Hall - Main Road Southold, NY 11971 Dear Mrs. Brush: pursuant to~the.resolution of the ~0~ho~.d Town Plannzng Board on July 17~ 1978, I am.encl'osing a print of the map d~ Richmond Shores showing the planting (t~ee~ 15 feet apart) ?.: Very tr, u 1v/~vo%¥r s, /~ SIGNED: ' . (mid) ~Aichard ~. Lark~ H[STACOUNT CORP., MELVILLE, N. Y. ~[746 FORM NO. $K-2 SIGNED: SUSJECT .2ichmond Shores at Peconic DATE: THIS COPY FOR PERSON ADDRESSED DECLARATION OP' PROTECTIVE COVENANTS AND RESTRICTIONS RICHMOND SHORES AT PECONIC DECLARATION made ntis day of , 1979, ty REALTY CO., a co-partnership with offices at S15 Rockaway Avenue, P. O. Box 39, Valley Stream, New ~erk, hereinafter called nhe ~Declarant. WHEREAS, the Declarant is the owner in fee simple e[ the following described premises: ALL than cernaln plot, plece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designa- ted as Lots 1 through 24 ena certazn mae entitled "Map ef Richmond Shores a~ Peconic~ Town of Seuthold, Suffolk County, New York" filed in the office o~ the Clerk ef the County of Suffolk en the iay of 1979, as Map No. WHEREAS, the Declarant desires ~e make this Declaration setting forth reservations, restrictions, covenants, conditmons and agreements, suhjec~ te which the proper'ny shown on said map is now held and shall be sold and conveyed. NOW, THEREFOP~i~ the aforedescribed premises shall be subject 'to the following covenants and restrictions which shall run with ehe land: l. Definition of lot. A "1o[-" is s~.~ch pa}~ce] as is se~)a- ratelt, numbered as a tot on the afo~resaid map. 2. No lot shall be subdivided, sold er conveyed, exceut as a whele, without Ehe writ[eh permission ef the Dec!aran~ or ins successors or assigns, in interest and the conson~ of ehe Planning Board of the Town ef Southold. No lot shall be used for access ~te adjoining preperny. 2. No iot shall be improved er have p]~'c~[ ~.'~ ,-'~::~t..~z~'~eo thereon an:~ structure ether than a single family dwelling, net exceed two stories in height with a detached ~r{va?e garage for q~ot more than three (3) automobiles. A two-story dwelling sna.~.l ~con~ain a firs~ floor area of not tess than Or~n ~..u senate feet. and a one--smory dwellino shall conmain a ~leer .... e~ of no~ less than 1,400 square feet exclusive ef detache{] ~sarages, ~arperns~ open breezeways, patios, terraces or bas6ments. Asbestos sioinc shall not be used on any dwelling er structore. 4. No building or structure shall be erected on any lot until the building plans as to the location on the lot, file outward appearance and desian have been approved, in wrLhing, by ithe Declarant. There shall be no alteration To the extorter of any dwelling or struc-uure except in accordance wtnh the nlans and specifications which have received the prior wri.~t.e~ approval of the Declarant or its successors or [assigns. Ail dwellings and ~structures shall conform to alt applicable codes and regulations ~ of the Town of Southold, and no variance thereof may be obtained withou~ written approva] of the Declaran~ o~ its successors assigns. Two copies ef proposed plans and specifications shall be submittet no the Declarant, its successors or assigns, one of [[which, when approved, shall be returned te the owner ~mth such 'approval endorsed thereon. If the Declarant, its successors or iassigns, shall neither approve or disapprove the plans and ~ specifications within 30 days after they have been submgtted and received, the plans and specifications shall be deemei ~-approved. 5. No lot shall be used or maintained for any purpose other ~than a one-family residence. No trade, business er manufacEurinc ~isbalt be carried em in any residence or anywhere en the property[ Specifically exempt from this restriction, however, are the .~pracsice of medicine, dentistry, law and architecture, providinc i~tHe profession does not exceed the licensed practitioner and on6 .assistant. Ne obnoxious or offensive activities shall be carried on upon any lot, nar shall anything be done on a lot which may ibecome an annoyance er nuisance to the neighboring properties. 6. Ne s~gns other than one identifying the owner's name and number of the house er professional sion shall be erected en the '~prem~ses. Permissable signs shall net exceed t0 inches ny 20 ~nches, comprised of a white field with black letters er a blacm field with gold letters. This restriction shall net proh{bit the ~Oeclarant, its s~ccessors (ir assigns, ~rom using sa{d pl-em~sos or eo place subdi, visi(m advertising signs oz model home si{;us on uhe 8remises. 7. No fences or exposed clotheslines shall be erected hedges grown upon the property without pr~or written approval ~the Declarant, its successors or assicns. 8. No animals, livestock or poultry of any kind shall be raised, bred er maintained on any lot, except for dogs, cats, on }other household pets provided they are net ra~sed, bred or main- rained for any commercial purpose. Ne animals shall_ be housed on the exterior ef the premises, with the except%eh ef doghouses. 9. All n..brl~ae ' ~ must ~]e removed from any let .~r~er I'c sanitary containers and shall be removed r(~guiarty .[rom ~ ~_em~..~u .... he grounds of each ~ot shall au al~ t~imes b~;. reason- ably well maintained. -2- i0. No swimming pool shall be constructed above 11. All exterior construction, including roof, exterior -~'wa!!s, painting, windows, deers amd landscaping shall, be com- pleted ~]thin one (1) year from the date cons~rnctlor commences. premises as all ~tility services for electric %nn {elcpn(~}e twill be installed by a resi_dential underground system. 13. The Declarant, its successors ~nd assJ~¢ms, reserve -he right to dedicate ali streets, roads, drainage ~reas and ease- n 2n~s to the Towr of Southold ~er hJ~hway and dra~na~,- :~u posc~. .14. The [A~clarant, ins successors and ass ].{!ns ~nd reserves for recreational areas ~n perpetuity, the foilewing earceis appearing on the Hap of Richmond Shores at. Pecenic. amd ,marked as Reserved Area "A", Reserved Area "B", Reserveo Area end Reserved Area "D", subjecE ~o the following conditfens: {a~ Declarant. convenants and aqrees ~hnt s~ or be" ~re, ]4 {~ef the lots have been conveyed by it to third parties, that will, at its own cost and expense, establish n net-for-p~of[t corporation ~o De known as "Ri-chmond Shores Properm¥ Owners -.Association", hereinafter refePred ~o as the "associazion' ane within sixty (60} days thereafter convey te such assoc~auzon all i~of the right, title and inEerest ef the Declaran% zn and te said Reserved Areas "Ate D" inclusive, ~ogether w~hh a~y and all !.private streets shown on said suodivisien map and any aha areas s}~own en said subdivzs~en map ~or future highway dedican!on. (b) The use of the Reserved Areas "A"~ "B"- "C" and ~D" aa shown on mho filed man Shall be for recr~d~a. ,taz tzionai purposes in accordance with she rules and requlat tons as may be premu!gated by the Declarant er the preperny owner-s association zo De formed. The Declarant, ~ts successors or assigns, may construct recreational ~acilities in these ~reas subject to the appro,.'al }f. the P~ann~n~ Beard ef the Town ef Seutheld. -{provided, every owner of a leu shall be deemed .and shall be sublect to the by-laws and rules the rea f. 16. Within s:xty [60) days after zhe c~x,at_ion assoclae~on, by-laws shall be adopted for the government which said by-laws and any amendments thereto shall by t. he Town Board ef the Town ef Souhheld. 17. The by-laws of such essocia~Aen shal_, ht addi[i, en ~o ether mat'hers, pro'~}ce Cot the fei lowino: eric vote ~h %ny meeth%g of the assoc!a[iion. (b) That every los. owner shall be nionaEe share [}f tho expenses of tN~, associa[lon lnsuranoe and ally and all expenses incurred for the lm[}rovement, maintenance all{[ use association · (c) Tha~ every lot owner Shall have an equal riaht, "common with all other lot owners, to the use and enjo'~ment of the property of the association, subject however~ to the by-laws '.and rules and regulations of the association. (d) That the association shall have the r~gn~ ~o n©rrow such sums of money as it deems necessary for cosz o± the main- tenance and xmprovemen~ of its propertl~ 'and to secure the same by a lien on ~.us property. (e~ That the association shall have the richt ,xo suspend the voting ~chts of a lot owner for his failure anI and all charges due the association; that all such unpaid charges shall be a lien on the lot of such owner and that the FassoCiation shall have the right to collect the same and enforce the lien thereof ky any means authorized by Law. {tl~ That ~ine assoclau~on sna.zl 13ay all .mt'n~.s and otheu charges imposed bf ary governmental, a~cncy as and when the same are due and pa!,able. (g) That the association shall maintain adequate fire, -public liability and such other insurance as it deems necessary ~o~- the protection of it~ property and memher;~_ hain a-ll. ~f i{s. Stre.ets and other propc, rLy owne{t by ii_' and~i~ n and proper manner and ~n accordance with thc ]aws, rules and .~reoulaLions of [~h(' Town o~ Soil[hold and other ,ovcrnmen~ al ;agencies having jur'~sdiceien thereoi. (i) That the "~ " 18. These covenants and restrictions shall run with the land -hereby and shall bind and inure te the benefit ef said parz:ies hereto, %heir heris, administrators and assigns unfil January 1, 2000, after which time ~hey shall be automatically extended far ~ successive periods ef ten (10) years each unless an ~nstrumenu signed by the then owners of a malorYty ef all of the lots aaron Ye change such covenants and restrictions in whole or tn par~, snal~ have been r co.~dee however notwithstanding any of the ~ above Reserved Areas :~A'~ through "D' inclusive, shai[ roma~ n mn perpetuity. ].9. These covenant3s and restrictions map' he e · ,-~' -rl=oF,.e~ bv an - action far damaces er injunctions er both. The Decllaranu, its ':successors er assigns~ hereby reserve the right ne al~er, modify, extend, terminate or annul any of these covenants in whole, or ~n p ~t, without the consenn of any person. 20. Invalidation of any of the aforesaid covenanus and restricmlons by lu©qment or court order shall nee affech any Df the other ~,rov-tsions which shall remain ir ~ul! iorce and cfR, nv. --4-' Failure to enforce any provision herein conma±ned in anf par- ~ticutar instance shall not be deemed a waiver of the rlqh~ so as to any continuing, subsecuent or other v~cla~ion. IN WtTN~SS WHE~:OF, the Declarant has duly executed ~h~s i Declaration th~ day and year first above written. R.E.C- REA{~TY CO. Rober~ E. Commons STATE OF NEW YORK: : SS. : COUN~. OF SUFFOLK: On the ' ~ day of ~ , 1979, be[ore me personally ~}came Robert E. Cummins to me known, who, being by me duly sworn,~w {{did depose that he resides an 18 Arleigh Road, Orea~ hock, ~' ~ hYork, that he is a partner of R.E.C. Realty Co., ~he ce-parrner~ ~ ship. described in and which executed the foregoing ~nstrument. -5- DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS RICHMOND SHORES AT PECONIC DECLARATION made this day of , 1979, by R.E.C. R~ALTY CO., a co-partnerShip with offices at 515 Rockaway Avenue Declarant.P'[ 0. Box 39, ~aliey stream, New York, hereinafter called the ' WHEREAS,.~the Declarant is the owner in fee simple-of the ~ollowing described 'premises: ~LL'that certain plot, piece or parcel of tand in the Town of. Southold, County of SuffOlk, State of New York, known and designa- ~. ted as Lots 1 through 24 on a cert ltl~d "M~p of Richmond Shores a e S, outh , S ffolk Co ...... onmc, filed.in the office of u~u3, New York" the Clerk of the County of Suffolk on the d~ay of as Map No. , t979~. 'WHEREAS, the Declarant desires to make this Declaration setting 'forth reservations, restrictions, covenants, conditions which the property shown on said map ms now and a be sold and conveyed. NOW, THEREFORE,~the aforedescribed premises shalt~.be subject Lowing covenants and restrictions which shall run with land: 1- ' Definit.ion of'10.t. A "lot" is such parcel as is sepa- ~rateiy numbered a's a lot on the aforesaid map. 2. No lot shall-~be subdivided, sold or conveyed, except as a whole, without the written permission of the Declarant or its successors or assigns, in interest and the consent of the Planning Board of the Town of Southold. No lot shall be use~ for access ~to adjoining properEy. 3. No lot shall be improved or have placed or maintained thereon any struc%ure other than a single family dwellin'g, not: to exceed two sto~ies in height with a detached private garage for not more than ~hree (3) automobiles. A two-story dwelling shall co~taim a. firsz flo0r area of not less than 1,000 square fee~, an~ a one-story dwellmng shall contain a~ floor area of not less th~n 1,400 square feel exclusive of detac Dpen breezeways, patios7 terrace ~ m~_~hed.garages, carports, sha~ll not be used on any dwelling or structure. s ~ ~ements. Asbestos siding ' 4. No build~hg or s~%ructure shall be erected- on any lot ~til .~he buit~in~ .~la~s as ~to the location 0n the t0t, ~he )utward appearance ~nd design have been approved, ih writing, by th~ D'ecta~nt~~ There .s~all~ be n0 alteration to th~~ exterio~ of any dwei~ing or str!u~u~e 'except in accordance With the plans land specificatians which have received the ~prior~ written approval Declarant o~ ~ts successors or assigns. Aiil dwellings and ~ures ~shall-C°~form to all applicable codes and regulations the Town of-South01d, and no variance thereof may be obtained aPl of the Declarant or its successors or ~osed plans and ~specifi~tions-shall · its successors or assigns,, one of shall be returned 5o the owner with such~ If the Declarant, its Successors or - or disapprove the plans and after they have been submitted to and specifications shall be deemed No lo~ s~il b~ used ormaintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carri~ed on in any residence or anywhere on the property. Specifically exempt from this restriction, however~ are the p~ac~ice ~f medicine~ dentistry, law and architecture, p~oviding thin'prOfession does not exceed the licensed practitioner and one ~Ssistan~, NO Obnoxious or offensive activities shall be carried 9n~upon any lot, ~0r shall anything, be done on a lot which may D~c~me an annoyancS, or nuisance to the neighboring properties. . 6~N0 s~ns o~her.~han one identifying the owner's name and ~u~hlber~of the house or'professional sign shall be erected on the ~remises.' P'ermisSab~e ~igns shall not exceed 10 inches by 20 i~ches, c0mprise~ of a white field with black letters o~ a bl'ack field Wi{h gold.letters. This restriction shall not prohibit the Declaran~;~its sucCessors or assigns· from using said premises or any part thereof for ~he sale of real estate, including the right to p~ace subdivision advertising signs or model home signs on the pre~ises~. 7. No fences or eXPosed clotheslines shall be~erected or · hedges grown upon the p. roperty without prior written approval of the Declarant, its succe~ssors 'or assigns. 8. No animals, livestock or poultry o£ any kind shall be ilraised, bred or maintained o'n any lot, except for dogs, cats, or i~other household pets provided they are not ra~sed~ ~ed or maln- !~tained for any c~mmercial purpose. No animals shall be housed on ~t~he ~xte~ior ~f the pre~mises, with ~the exception of doghouses. 9. 'All debris must be removed from any lot prior to occur No area of the premises may be used for the dumpa, ng or storage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the ~.. The grounds of each lot shall at all times be reason~ _t maintained. -2- 10~ 'NO swimming poot shall 'be constructed above grade. ~!i~ '~1't terior ~construction, including roo~'~xterior ~ ~.~ [nd°Ws/.doors and landscaping sh~tl be com- in one (i) year from. the date construction commences. ~' ~.2. NO ele~gric~or telephone poles shall be allowed on the Prem±S~s'~as ait utiii%y se{viCes for electric and-telephone ~i b~ ~staiied by a r~siden%ial underground system. its successor.s and assigns,-sets~.aside al areas in perpetuity~"~-t~e'following of Richmond~ Shores at ~e~6h~c, and ~'~ A" Reserved Area , Reserved Area C , fottow~nqcond~tlons. s~bject to the ' its successors or assigns,~reserve title to the Re'served Areas shown on ights and dutie~ of this Declaran~t ~ted association Of the owners of Covenants and restrictions. Df a lot on said map shall automatically any~proper%Y owners association hereinafter t Dn the filed map shall be ent.i~ied t~O association. the Reserved Areas shall be in accor- regulations as may be promulgated at any successors or.assigns; however, "B" are to remain open space for recre~ ~poses ~and remain undist~ubed in ,ReServed Areas "C" and "D" shall remain iin Open .eational~and conservational pnrpose~s; however, the its suCcess-~rs or assigns, may construct recreational~ ~eS in these areas isubject to the approval of the!Planning Board of' the T'own-o~ S0u~holdl ~ (d) ~The property owners association referred to shall be so 0r~ized' to assure each owner of the lots shown on the iaidmap a righ~ to ownership and right to use the roads and eserve~'~are~s in coramon with all others entitled t~ereto. Each ot o~ the filed map' shaft be subject to an annual charge for ~ach calendar year and such .amount fixed by the Declarant, its suc- cessors or assigns, .~r property owners association, as successor, not ~xCeeding,~ however, -in any'-ohe year the~ sum of $25.00:' unless agreed'upOn ~y a ma~'orit~ of the lot owners on said map.' Such c~ar~l s~-~li ~hereaf~er.'become a lien on said property and shall con6~nUe to-be such a lien until fully paid. Such charge shall ba payable_.tlo the Declarant, its successors or assigns, or the property owners association, and must be devoted to the mainten- ance of the reserved areas and other community purposes benefi- cial to the rea~ property above described. 15. These covenants:and restrictions shall run with the land hereby and sha!~l bind and inure to the benefit of said parties ~ret01 ~h~ir.heirs, administrators and assighs until January 1; i ~ ~ith~ 'the 'eXcepti°n 0f Paragraph 14 herein which shall be ~e~et~ua!~. and such ~Qvenants 'an~ restrictions may be enforced ~n ac~ion for damages or injun~ctions o~ both.~ The D~claran~its successors or assigns, 'hereby re- ~ves the right :t0'al~e~, modify, extend, ~ermina~e or annul .f ny of these .covenants in whole, or in part, without the consent any pers6n. 17. Invalidation o~ any of the aforesaid covenants and by judgment or court-order shall not affect any of which 'shall remain in'futt force ~nd effect. ' provision herein contained in any par- nOt be deemed a waiver of the ~i~h~ to do icontinuing, Subsequent or other vmol.ation. ~ the Declarant has duly executed this day and year first above written. R~E.C. REALTY CO. ~ATE OF NEW YORK: CQUNT~, OF SUFFOLK: SS. : . By Robe---r~ E. Cummins On the~ day of ~ , 1979, before me personally c~me ROBERT 'E. CU~INS ~ me known, who being by me duly~s~orn, did depose that he resides at 18 Arleigh Road, Great Neck, New York, .that he is a partner of R.E.C. R~ALTY C~., the eo-partnership' de'scSi'bed in. and which ~xecuted the foregoing instrument. Notary Public LEGAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Beard at the Town Hall, Main Read, Southold, New York, in said town on the 5th day of June, 1978, on the question of the following: 7:30 p.m:,Approval of the final map of the subdivisian to be known ,as "Southold Gardem'~:owned by Richard BabcOck ~ Frederick L. R~roclted ~t So~thold, and i-.~..,,,~,~ the intersection ~ the sailer i~t'li~ ~ side now m' thence along said westerly line S. 19 d~tees 26' 30" W. a distance of 165.37 feet to read known as Hill Read West; thence along said road N. 30 degrees 52' 40" W. a distance of 497.81 feet to the nor- theasterly line of Wells Avenue; thence along said northeasterly line two cour- ses: (1) N. 30 degrees 04' 30" W. 111.53 feet; thence (2) N. 31 degrees 51' 20" W. 778.08 feet to the southwesterly comer of premises now or formerly of Bridge; thence N. 83 degrees 38' 00" E. along land now or formerly of Bridge 273.91 feet to a concrete monument; thence along land now or formerly of Dickerson N. 79 degrees 04' 50" E. 188.92 feet to the point or place of beginning. Containing 12.056 acres, more or less. s:0o p.m. Approvm ot me preliminary map of the subdivision to be known as "Richmond Shores at Peconic" owned by Robert Cummins, leeated at Peconic, Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at the in- tersection of the easterly line of Indian Neck Road with the southerly line of Main Road (N.Y.S. Route 25); from said point of beginning running thence along said southerly line of Main Read two courses COUNTY OF SUFFOLK, ! STATE OF NEW YORK, ~ as: being duly Sworn. says thut ... lt~., is Printer und Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county: and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekb/ Times ~nce in each week, for .......... .O.~IF,. ............ weeks successively commencing on the ....... .T~F..N. TX'.I~.F. TI-I .... day of .... · .~'..Y., ............ 19.7.8-, Sworn to before me this .. ~/.tJ.~ .... I day of . ~Z.t. ~,,,.A,- ...... ~ 7.3. J I[~;CY ~. DOBGL~ NOTARY P~LIC, S~s~ c~ ,'~ Y,~ ALDBN W. YOUNG YOUNG % YOUNG 400 08TRANDBR AVENUE RIVERHEAD, NEW YOI~K HOWARD W. YOUNG Lm~t &tt'~ov June 29, 1978 $outhotd Town Planning Board $outhold, New York 11971 Gentlemen: Pursuant to our conversation during your red. tar meeting of June 26, 1978~ we have amended the preliminary map of Richmond Shores at Peconic to show the proposed planting southerly of Main Road~ Route 25 and are forwarding herewith six (6) copies of said amended plan. Very truly yours, - owar w. zo, g H%~:kbf enc. cc: Richard F. Lark~ Esq. + print Mr. Robert E. Cummins + print NOTICE oFtmAa~es tion Board Road, ill 7 Rimmler and follows: the i: the said vieVe said distance of 813.~ westerly line of EtS to the Hill Road; :hence along Said westerly line S. 19° 26' 00" W. a distance of 165.37 feet to road known as Hill Road West; thence along said road N. 88° 52' 40" W~ a distance of 497.81 feet to the northeasterly line of Wells Avenue: thence along said northeasterly line two courses: ~1) N. 30° 04' 30" W. 111.53 feet: thence (2) N. 31° 5t' 20" .W. ~778,08 :feet ,to .the. so,th- now or formerly of Bridge; thence N. 83° 38'00" E. along land now ay formerly 6f Bridge 273,9[ feet to a concrete monumem: thence along land now or formerly of Dickerson N. 79° 04' 50" E. 188.92 feet to the point or place of beginning. Containing 12.056 acres, more or less. ~8:00 p.m. Approval of the preliminary map of the subdi- vision to be known as "Richmond Shores at Pecan- lc" owned by Robert Cummins. located at P~conie, Town of Southold. County of Suffolk and State of New York and bounded and described as follows: BEGINNING at the intersec- COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly swam, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH/V~N, a public newspoper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in mid Long Island Traveler-Watch- man once each ~ek for ........ ~ ..............................wee~ succe~ively, commnci~ m ~e ..~ ................................ .... ....................... 1 Sworn to before me this ...Fc~..~ ............... clay at , . .................... l¢otar7 Public T~GAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Tovaa Hall, Main Road, Southold, New York, in said town on the 5th day of June, 1978, on the question of the following: 7:30 p.m. Approval of the final map of the subdivision to be known as "Southold Gardens" owned by Richard Babcock and Frederick L. Rimmler, located at Southold, Town of Southold, Co~ty of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point at the intersection of the westerly side of Mechanic Street and the southerly side of Petty Road, said point being the southeast corner of land now or formerly of DickerSon; from said point of beginning running along said southerly lime of Petty Road N. 76° 59' 50" E. a distance of 184.70 feet to a monument and land nOW or formerly of Richard and Genevieve Babcock; thence along said land S. 27° 56' 10" E. a distance of 813.82 feet to the westerly line of Hill Road; thence along said westerly line So 19° 26' 00" W. a distance of 165.37 feet to road known as Hill Road West; thence along said road N. 88° 52' 40" W. a distance of 497.81 feet to the northeasterly line of Wells Avenue; thence along said northeasterly line two courses: (1) N. 30° 04' 30" W.111.53 feet; thence (2) N. 31° 51' 20" W. 778.08 feet to the southwesterly corner of premises now or formerly of Bridge; thence N. 83° 38' 00" E. along land now or formerly of Bridge 273.91 feet to a concrete monument; thence along land now or formerly of Dickerson N. 79° 04' 50" E. 188.92 feet to the point or place of beginning. Containing 12.056 acres, more or less. 8:00 p,.m. Approval of the preliminary map of the subdivision to be known as~'Richmond Shores at Peconic" owned bY Robert Cummins, looated at Peconic, Town of Southold, County of Suffolk and State of New York and bounded and described as follows: Legal Notice .. -2- MaN 19~ 1978 BEGINNING at the intersection of the easterly line of Indian Neck Road with the southerly line of Main Road (N.Y.S. Route 25); from said point of beginning running thence along said southerly line of Main Road two courses as follows: (1) N. 46° 38' 40" E. 490.04 feet; thence (2) N. 38° 30' E. 337.92 feet to land now or formerly of Westerlund; running thence along land last mentioned three courses as follows: (1) S. 40° 40' E. 181.37 feet; thence (2) N. 49° 23' 50" E. 120.28 feet; thence (3) N. 48° 25' 40" E. 99.90 feet to land now or formerly of Skwara; running thence along land last mentioned three courses as follows: (1) S. 27° 18' 40" E. 521.50 feet; thence (2) S. 49° 39' 20" W. 326.10 feet; thence (3) S. 29° 43' E. ll5 feet, more or less, to the ordinary high water mark of Richmond Creek; running thence along said water mark in a southerly direction a distance of 750 feet, more or lessl running thence S. 69° 24' W. 710 feet, more or less, to said easterly line of Indian Neck Road; running thence along said easterly line N. 24° 00' W.· 1236.91 feet to the point or place of beginning. Containing '27.2 acres, more or less. Any person desiring to be heard on the above matter should appear at the time and place above specifisd. Dated May 19, 1978 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICXHAM, CHAIRMAN PLEASE PUBLISH ONCE, MAY 25, 1978, AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. copies mailed to the following on May 19, 1978: The L. I. Traveler-Watchman The Suffolk Times Gary Fl~uner Olsen, Esq. Richard F. Lark, Esq. Supervisor Albert M. Martocchia May 17~ 1978 Richard F. Lark~ E~q. Main Road Cutcho~ae~ New York 11935 Re: Richmond Shores at Peconic De~rMr~ L~rk: The following action was taken ~y the Sout~old Town ~Dlar~ir~ Board at a regular meeting held May 15, 1978. · RESOLVED to set 8:00 p.m., M~nday, J~uue 5, 1978~ at the Town H~ll~ MaLuRoad, Southold~ New York, as the ti~e and place for a public he~ing on the question of the app~roval of the preliminary map of subdivision kno~ as ~Riohmond Shores at Peconic~ owned by Robert Cummins. R~SOLVED to ~ppr~ve the mketch map of the subdivision ~uown a~ ~ich~ond Shores at Peconic~ ~aid map dated April 26, 1978, Yours t~ty, ~triel Brush, Secretary Sou~hold Town Planning Board COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman Director of Planning Su{£olk County Department o{ Planning JOHN V.N. KLEXN, County Executive Veterans Memorial Highway Hauppauge, IL. I., N. Y. 979-2921 May 15, 1978 Mr. John Wickham~ Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Preliminary ~p of Richmond Shores at Peconic S/e/ly corner of Main Road, N.Y.S. Rte. 25, and Indian Neck Road, Peconic, Dear Mr. Wickham: In accordance with your request the staff has examined the proposed subdivision layout for a 27.2± acre tract reputedly ovrmed by Robert E. Cummins and offer the following comments on the map for your use. The proposed subdivision relative to Main Road and Richmond Creek appears to be satisfactory. However, to insure that no vehicular access to Main Road is created the final map should bear a note stating that vehicular access to Main Road from and through the open space area is prohibited. When the final map is referred to the Commission information should be provided to indicate how the "open space" areas will be controlled and maintained. You may want to consider requiring the subdivider to plant some trees within the "open space" areas to enhance the aesthetic aspects of the subdivision. Overall, the layout of the subdivision is considered to be excellent. The open space areas are linked and, therefore, well coordinated. The road layout will pro- vide a degree of privacy from through traffic movement. A Suffolk County Control Monument is located in the vicinity of Indian Neck Lane and Spring Lane. This monument isone of many in the County that have been established at great expense to form the framework for the County Tax Map and Road Record. The subdivider and his agents should be informed that they must take all necessary steps to insure that the monument is not destroyed or disturbed for any reason. If it is destroyed or disturbed for any reason it will require that the County outlay a con- siderable sum of money to replace or correct it. Any information regarding this monu- ment may be obtained from: Mr. Frank H. Bayles, Jr., L.S., Map and Coordinate Super- visor, Suffolk County Department of Public Works, Yaphank, N.Yo (516-924-4300, Ext. 373). Staff comments on a preliminary map do not constitute a review of the map by the Suffolk County Planning Commission. When the map has been finalized it should be Mr. John Wickham, Chairman Town of Southold Planning Board - 2 - May 15, 1978 referred to the Commission for review pursuant to Section 1333 of the Suffolk County Charter. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section CGL:jk Pile: 1333-SR-78-22 Encl.: Map To: Mr. ~£: Sehlivisiea entitled" ~_~L. chmo~ Shores at Peooni¢ ~26/78 ~ec~mend~ti~ns 1. That the s~aein~ ~£ maDAcle3 be not mcrs than 200' C~mments 1. That ~ccess be ~revided across the the s~aSe drainage e~sement. 2. That ~revisi~ns be made far moering ef boats en Richmond creek. May 5~ 1978 Supt. of Hi~uways Dean Town Engineer Tuthill Planning Board E~closed is copy of map of the subdivision ~Richmond 5bores at Peoonic~ at Peconic, New York° anticipate a public hearing being set for this subdiv~sien on June 5, 1978~ May I. have your comments and recommendations by that time~ The To%~ Board has approved this to be developed in. the.~cluster concept. ¥0~ t~ly~ Muriei B~ush~ Secretary May 5, 1978 Subdivision Review Section Suffolk County Dept. of Planning Veterans Memorial Highway Hauppauge~ New York 11787 Gentlemen: We are hereby submitting the preliminary map of ~'Richmond Shores at Peconic~ located at Peconic, To~ of Southold, to you for your comments~ This proposed plat, when in final stage~ will be referred tO the Suffolk County Planning Commission pursuant to Section 1533~ Article XIII of the Suffolk County Charter. We~ therefore, acknowledge that the comments made by the staff of the Planning Department are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are the comments made by the staff binding upon the Commission in their review of this proposed map. Material submitted: Proposed plat - 3 copies including grading, profiles, drainage and topographical. The Town Board of $ou~hold has approved this subdivision to be developed in the cluster concept and it will be governed by that section of ~e Code of the Town of Southold. Yours truly, Enclosures Muriel Brush, Secretary Southold Town Planning Board RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 May 4, 1978 Southold Town Planning Board Town Clerk's Office Main Road Southold, New York 11971 ATT: Muriel Brush, Secretary RE: Proposed Major Subdivision - "Richmond Shores at Peconic", Peconic~ New York Dear Mrs. Brush: In connection with the above-captioned subdivisions I am enclosing 12 copies of a preliminary map of Richmond Shores at Peconic dated April 26~ 1978. This map encompasses the minor changes from the original layout which has been approved by the Planning Board. The sketch plan was approved by the Board on March 14~ 1977. It is my understanding that all fees have been paid~ so I would appreciate if you would put this on the Planning Board agenda for preliminary approval of this subdivision. Very truly yours~ RPL/bd Enclosures %%1 April 27, 1978 Richard Lark~ Esq~ Ma~u Road Cutchogue, New York 11935 Dear ~ Lark~ The following is from the minutes of the regular meeting of the Southold Town Planning Board held April 17~ 1978~ Richmond Shor~s at PecoD~c~ The revised sketch of this cluster subdivision w~s reviewed~ The Board likes the concept~ The developer should present the preliminary maps and sketch a~roval will be forthcoming~ Yours truly ~ Muriei Brush, Secretar~- Southold Town Piar~uing Board COt OF SUFFOLK David Harris, I~.D.~ I~.PoH. Commissiomer DEPARTMENT OF hEALTH SeRVICeS February 28, 1978 lit. Robert E. Cummins R.E.C. Realty Company ¢/o K & C Agency Post Office Box 39 Valley Stream, New York 11592 Re: Richmond Shores at Peconic Town of Southold Cluster Review Committee Hearing Dear ~. Cummins: At the hearing held on February 2, 1978, you had an opportomity to present your appeal of the department's rulimg on the subject realty subdivision° In accordance with the provisions of Section 220 of Article 2 of the Suffolk Cour~ty S~itary Code, the de~ermina%ion of the Cluster Review Committee of the Departments of Health Services and Environmental Control, functioning as the Board of Review, is as follows: Based on the information s~o~tted, that this realty s~edi~±sion be approved, pro~ziding the applicant modifies the subdivision ma~ to indicate that at each building site a 'test well must be installed ~d sampled. The water sample must meet curren~ drinking water s~andards before a building permit is issued. Since the determination of the Board of Review submitted to the C~mmissioner's office on February 22, 1978~ has not been reversed or modified by him, it is therefore dee~d to be the determination of ~he Commissioner. HW~/gp~h Very tr~ yours~ H.W. Davids, P.E. Chief Engineer Bt~-e au of Enviror~mental Health cc Robert A. Villa~ PoE. Aldo ~ndreoli, P.E. Joseph Risso, P.E. v~eph Baier~ PoE. few Yerman,-'P.Eo thold To~m P!am. ning Dept. M~~. Richard F. Lark SUFFOLK COUNTY CLUSTER REVIEW COMMITTEE H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 January 16, 1978 R. E. C. Realty Company c/o K&C~ ...... P. O. Box 39 Valley Stream, New York I 1582 Gentlemen: Re: Map of Richmond Shores ~ Peconic (T) Southold Your request to appear before the Cluster Review Committee has been received. A review of your case has been scheduled at the H. Lee Dennison Executive Office Building, Hauppauge, New York in the Suffolk County Department of Health conference room, 8th floor, on Thursday~ February 2, 1978, at t2:00 noon. You may appear with or without counsel, and you may produce any information or evidence in your behalf. Very truly yours,~-: .... ~'~/'~, ./"' ~ ,/~ Aldo Andreoii Chairman Cluster Review Committee AA/jhn cc: Mr. Joseph Risso, P.E. Mr. Robert Villa, P.E. Mr. Andrew Yerman, P.E. Mr. Joseph Baier, P.E. Chairman, Planning Board- Maroh 2h, 1977 Richard Lar~k~ Esq. MAin Road 6~tchog~e ~ Nev~~ York 11935 Dear M~ Lark~ The foliov~ng action was t~en by ~e Soul. old To%~m Pi~.E Bo~d at a r~lar meetir~ held ~rch P~ ~ 1~77~ ~SOL~D to ~t app~o~al to th~ sketch plan of ~Ri~mo~l Mur. iel Brush~ Secreta~?f 1977 R~c~har~ Lark~ Es~ Road Cut~ogu~ ~ N~w YOrk 11935 Dear M~ Lark~ it our meeting on Feb~aarY28th~ Larry~athill~ the Town EngLneer~ infor~ed the Board that he had discussed ~0~e matter of bubble roads in the ~Richmond Shores at Peoonic. cluster ~ubdivision. He told us ~at the Superintendent of Highweys does not wa~t bubble roads. If you wieh to discu~ ~i~ f~arther ~thMr. Dean, I would suggest that you contact him direct. Yours tr~ly~ Muriel BrUsh~ ~cret~ $outh~Id To~ ~uning Board Fe~. b, 1~77 To: Mr. Raymvn~ C. Dean, S-a~t. of Highways, Seuthold Town R~f: Suk~ivision ~- ~chmend Shores Reconic" Dated 2/3/76 !o ~co~m~er~ elimination of turn aronnds i~_ the vic~uity of lots 19-20 and 17-18. 2. Recommen,J the construction of op_ly one recharge 5asin. Richard Lark, E~q~ Main Road Mattituck~ New York 11952 Dear Dick: Re: Richmond Shores I enclose copy of letter which I received from the To~Clerk~ ~e are meeting October 25th and, if you war~t to spe~k wi~h ~he Pla~uing Board beforeproceeding any further, call me and I will give you au appointment~ Yours truly, Muriel Brush, Secretary ~closure be supplied and/or carried out before such Plat can be approved by it or a performance bond sufficient to cover the full cost ~'equisites as estimated by the -said Planning Board, given, and, WHEREAS, the full cost of said requisites has been estimated by said Planning Board at , tt'~e penal sum of this bond, and and, (here recite any reductions made by the PlannLng Board) WHEREAS, said Principal has agreed to supply such requisites on or before the day of __, 19 , Now, THEREFORE, the condition of this bond is such that if the Principal shall well and truly install and/or provide said requisites to the satisfaction of The blank spaces should be filled in when the data needed is obtained (most probably at the time o! the public hearing) after which the resolution shouM be adopted by motion and seconded, and by a roi1 calf vote. Note the completeness of the Board's record achieved by using such a resolution and having it as part of the record. WHEREAS, a formal application for the approval of a subdivision Plat, entided~ %'~'f%% , was submitted to the Planning Board on .~ and an application fee of $. . was paid on , and WHEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall ~n ., N.Y. on at ~P.M., and the Town Board of the Town of on or : (" WHEREAS, a performance bond in the amount of before the day of ___ , 19 , and t-a?.¢; ~ .----7---- dollars has been filed with the Town Clerk faithfully perform agreement to install said requisites *~ ~ r /to insure satisfactory completion of all required ira- on or before such date, then this obligation shall be %'~. [ p. rovemen~s within a period of year(s) from void, otherwise it shall remain in full force and effect, a,~ o,~he date of this resolution, and In the event of the Principal's defat~It in installir~g WHEREAS, the requirements 9f the Subdivision and/or providing requisites within the time and ir/the manner above indicated, said Obligee may accept so much of the roads and streets shown upon said Plat as public highways as it may desire and, with or without such acceptance, enter upon the lands shown' upon said Plat and supply such requisites, said Principal and Surety remaining liable to said Obligee for the cost thereof up to but not to exceed the penal sum of this bond. Witness (Seal) If Individual Attest (Seal) If Corporation (Seal) Principal The By Surety (Acknowledgements for both Principal and Surety) Sample Form of Resolution for Use by Plannbtg Board bz Taking Final ,4ction on a Proposed Subdi- vlsion Plat. Regulations of the Town of have been met by said subdivision Plat and applica- tion except as noted below. Now, therefore, be it RESOLVED, that the appli- cation ofithe prepareC°rp'~dby'' for ap- proval of-said subdivision plat ., Inc. and dated be approved subject to the following modifications, and that the Chairman of the Planning Board be au- thorized tv endorse approval on said subdivision P/at upon compliance by the applicant with such modifications as noted below. However, if such modi- fications are not made Mthin sixty (60) days from the date of this resolution, the plat shall be deemed disapproved. 1. Modification of said Plat to show the following: A~ Date of modification. 60 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Scuthold, Y. 11971 TELEPHONE 765-3783 October 15, 1976 Southold Town Planning Board Southold, New York 11971 Gentlemen: The following resolution was adopted at a regular meeting of the Southold Town Board held on October 12, 1976: "Moved by Councilman Homart, seconded by Justice Surer, WHEREAS, the Planning Board of the Town of Southold has requested that it be authorized to modify the applicable zoning regulations of the Code of the Town of Southold pursuant to the provisions of Section 281 of the Town Law with respect to the premises owned by R.E.C. Realty Company and located at Peconic in the Town of Southold and shown on a proposed subdivision map entitled "Richmond Shores at Peconic" and more particularly botmded and described here- after, NOW, THEREFORE, BE IT RESOLVED that this Board does hereby authorize the Planning Board of the Town of Southold simultan- eously with the approval of the above named subdivision map entitled "Richmond Shores at Peconic" to modify the applicable provisions of Chapter 100 of the Southold Town Code subject, however, to the following conditions: 1. That said modificatiOn shall be subject to and in full compliance with the provisions of Section 281 of the Town Law. 2. That such modification shall comply in all respects with the provisions of SeCtion 100-$36 of Chapter 100 of the Code of the Town of Southold. 3. That the land affected by such modification is described as follows: Page 2 - Planning Board Ail that certain plot, piece or parcel o£ land situate lying and being at Peconic in the Town of Southo!d, Suffolk County, New York, bounded and described as follows: Beginning at the intersection o£ the easterly line of Indi@~ Neck Road with the southerly line of Main Road (N.Y.S. Route 25); from said point of beginning running thence along said southerly line of Main Road two courses as follows: (!) North 46°38'40'' East 490.04 feet, thence (2) North 38°30' East 337.92 feet to land now or formerly of Westerlund; running thence along land last mentioned three courses as follows: (1) South 40~40' East 181.37 feet, thence (2) North 49°23'50'' East 120.28 feet, thence (3) North 48°25' 40" East 99.90 feet to land now or formerly of Skwara; running thence along !an~T~last mentioned three courses as follows: (!) South 2~°!8'~Q'' East 521.50 feet, thence (2) South 49°39' ~" West 32~.10 V~%et, thence (3) South 29°43' East 115 feet, more or less, to the ordinary high water mark o£ Richmond Creek; running.thence along said water mark in a southerly direction a distance of 750 feet, more or less; running thence South 69°24' West 710 feet, more or less to said easterly line of Indian Neck Road; running thence along said easterly line North 24°00' West 1236.91 feet to the point or place o£ beginning. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Surer, Justice Demarest. This resolution was declared duly adopted." Very truly your s, Judith T. Terry Town Clerk Gentlemen , The Ple~auing Board is in receipt of your letter of September 23, 1976 regarding the subdivision ~uov~ as ~Riohmond Shores at Peconic". ~x have in tlne file a letter ~ '°rom +Jne To'~n AttoFnev under date of J~ril 29~ T975 regarding the proceduPe under a piece of property emu be developed in the cluster concept. M~. Tasker ~tates that the effect of several court decisions i~ that each subdivision which ~ne Pl~ing Board authorizes to be deYeloped ms a cluster development must be specifically authorized by ~resolution of the To~! Boardwhich specifies the land to be effected by such modific~tion~ I would assume thata~er the To~Board made su~n a resolution, ~he Planning Board would then review the mmp as to desi~z as~d its compliance with the ordinance and subdivision rules s~d regulations. At this point in time~ the Planning Board has not reviewed t~e design of this subdivision nor has it been presented to the To%~ Engineer as it would be premmTu~e without permisslon of ~ne Town Board to develop ~he property in the cluster concept. Yours truiy ~ Murie! Brush, Secrete~y Copy to RObert Tasker, Esq. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, Y. 11971 TELEPHONE 76,5-3783 September 23, 1976 Southold Town Planning Board Southold, New York 11971 Gentlemen: The Town Board has reviewed the map of "Richmond Shores at Peconic" which is proposed as a cluster zoning. Under Section 100-136 of the Zoning Ordinance those areas set aside for-drainage and subject to flooding are tq be excluded from the computation of the gross area for the purpose of compiling the number of lots. It is apparent this was not done and accordingly the matter is referred back to the Planning Board in order that the developer may .make these computations and recompute the total number of lots excluding drainage areas and areas subject to flooding. Very truly yours, Judith T. Terry Town Clerk Au~mst 26~ 1976 Richard L~k~ Esq~ Main Road MattituOk~ New York 11952 Dear Mr~ Lark: Enolosed please find letter from the TO~n Attorney re the cluster concept of subdividing proper~yo I also enolo~e the decisions that he referred to. A~y further questions~ you c~u refer to the Town Attorney~ Yours truly, Muriel B~sh~ Secretary, Aua~st 26~ ~ Southotd Town. Board 16 Sou~ Street Gree~oort, New York I19~4 The following action wa~ taken by the Southold Town P=em_ULUo Board at a regular meeting held August 2, 1976. RESOLVED to submit the map of subdivision known as :'Richmond Shores at Peconic" owned by RoE.C. Realty Compauy~ to the Southold Town Board for their deter~!~uation as to whether this subdivision will be allowed to be developed in the cluster concept. Richard Lark, Esq., represents the developer of ~his subdivision. This property has been laid out in%he cluster concept because of the layout of the land and the New York State drainage easement according to ~. Lark. Yours truly, ~nclosure Copy to Richar~ Lark, Esq. Muriei Brush, Secreta~ry WlCKHAM & LARK, p.c. July 6, 1976 Southold Town Planning Board Town Clerk's Office Main Road Southold, New York 11971 ATT: RE: John Wickham, Chairman Proposed Major Subdivision - '~Richmond Shores at Peconic':, Peconic, New York Dear Mr. Wickham: In connection with the above-captioned proposed subdivision, I am enclosing the following: 1. Application for Approval of Plat completed in duplicate. 2. Affidavit of Robert E. Cummins as to disclosure of ownership. 3. Supplemental affidavit of Robert E. Cun%m~ins concern- ing his purchase of the property. Twelve prints of sketch plan of proposed subdivision of '~Richmond Shores at Peconic" by Young & Young~ dated February 3, 1976, containing proposed road pro- files and other necessary data. Our check to the order of the Town of Southold in the amount of $190.00 for the filing fee. Since this subdivision is being proposed as a Cluster De~elopment~ pursuant to §100-136 of the Southold Town Zoni[ng Ordinance, I would appreciate it if you would present same to the Planning Board and other necessary municipal agencies for review. If there are any questions, or if an appointment is needed before the Planning Board, please contact me at your earliest convenience. RFL/mlf Encs. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: ma j or The undersigned applicant hereby applies for (tentative) (::ti~l~ approval of a/~ubdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as foilows: I. The applicant is the owner of recOrd of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under appNcation.) 2. The name of the subdivision is to be Richmond ShOres at Peconic 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County clerk's office as follows: L-:-bcr ........................ Page ...................... Or, ........................ : 5. The area of the land is ....2.7..-.2. ....... acres. 6. All taxes which are liens on the land at the date hereof have been paid ar~:t¢l~ .......... 7. The land is encumbered by two mortgage (s) as Follows: .............................................................. (a) Mortgage recorded in Liber 5607 Page 2~k5 ................................ in original amount °f $.8'9-'-9.°.9.'-99.--unpaid amount $.36'000'00 held byThe North Fork Bank & Trust Company address 245 Love Lane, Mattituck, New York (b) Mortgage recorded in Liber . .69.6.0. .... Page .. 2..4.8. ........... in original amount of $..5.4..,.3.2..0.:p.0... unpaid amount $ 54,320.00 held by Island Associates .......................... address 515 Rockaway. Ave. ~ Valley Stream, NY 8. There are no other encumbrances or liens against the land:a~lre1>x ........................ 9. The land lies in the following zoning nsc districts ... '.'.A.?...Rp.s..i.d..e.n.~.i.a..1...a.n..d ........ .... 8~.r..%q .u.Z..t.u.r..a.z. ~ .~.s.t..r). 9.t' ................................ 10. No part of the land lies under water whether tide water, stream, pond ~vater or otherv¢ise, xx~ ~k 9~gg~g..~9~.~gr~.~..~9~.~..~.~.R~.~P~.~gK~.5~e Drainage Easement. tl. The applicant shall at his expense install alJ required public improvements. 12. The land, irCkt~K) (does not) l~e in a -Water District or Water Supply District. :~mx:x~>OSx~ tx~x t~ Xfx~l~i{ :~.Xl~ ~t~l~t~ :~ ~ .............................................................. No 13./kVater mains will be laid ~r2X ............................................................. 14. Electric lines and standards witl be installed by Long Island Lighting Company .................................... and (x) (no) charge will be made for installing said lines. NO Ii/Gas mains will be installed i6. If streets shown on the plat are claimed by the applicant to be existlng public streets in the Suffolk County H. ighway system, annex Schedule "B" hereto, to shoxv same. blain Road~ Route 25, ~s a New York State Highway. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to shoxv same. Indian Neck Lane, is a Southold Town Highway. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. 20. 21. Where the plat sho~vs proposed streets xvhlch are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. Not applicable ~ In the course o~ these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. Submit a copy of proposed deed for lots showing alt restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required pt~bl~ improvements will be set by the engineers and the Planning Board, '~X~XF~XXa~Jlmai~l[k~llc~l~tla~:~bF~Xb~i~ml~lk'~ and requests that the maturity of the Performance Bond be fixed at .3. .......... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE June ~..~ R. E. C, Realty Co. Yf' ....... · ..................... (sig~nature and Title) Robert E. Cu~)_'~.~" Partner 49-89 Fresh Meadow Lane, Flushing, NY 1136! (Address) STATE OF NEW YORK, COUNTY OF .................................. , SS: On the .................. day of .......................... 19 ....... before me personally came ............................................ to me known to be the individual described in and'who executed the foreuoing instrument, and acknowl,~dged that .............. executed the same. Notary Public STATE OF NEW YORK, COUNTY OF . SUFFOLK .............................. SS: On the ............. day o.f...J.u..n.e. ..... x~k ........... 19..7.6 ·., before me personally came · .R.g.b..e.r..t' E. Cummins ............................. to me known, who being by me duly sworn did de~ pose and say that .... .h.e. ..... resides at No. 49-89 Fresh Meadow Lane, Flushing, NY ................................................ that he .......................... is x~x..a ....... Partner of R.E.C. Realty Co. co-partnership ................................................... the ~MI~'fi described in and which executed the foregoinlg instrument; ~ ............ Notary PuDlm Sta!e of N.o. 30.973~0~?!e'¢~ York QuaLfled In Nassau County Oomrmssion EXPires MaPch 30, i97~} ALL~atce~alnplot, p~eorparcelo£ ~nd, ~th ~eb~l~ngs ~dlmprovemen~ thereon erected, slt~a~, lyingand ~inginthe Town of Southhold~ at Peconic~ County of Suffolk, and State of New York, bounded and described as follows: BEGINNING AT a point marking the intersection of the Easterly. line of Indian Neck Lane and the Southerly line of Main Road; running thence along the ~outherly line of Main Road two courses and dis- tances as follows: North 46 degrees, 38 minutes~ 40 seconds, East 490.04 feet; North 38 degrees 30 minutes 00 seconds East 337.92 feet to a monument and land now or formerly of Westerlund; running thence along said last mentioned land the following two courses and distances: south 40 degrees 40 minutes east 181~37 feet to a monument; north 49 degrees 23 minutes 50 seconds east 120~28 feet to a monument and land now or formerly of Szczotka~ thence along said last mentioned land north 48 degrees 25 minutes 40 seconds east 99.09 feet to a monument and land of Skwara; thence along last ~entioned land the following three courses and distances: south 27 degrees 18 minutes 40 seconds east 521,50 feets south 49 degrees 39 minutes 20 seconds west 326.10 feet; south 29 de= grees 43 minutes east 115.0 feet to ordinary high water mark of Richmond Creek; thence along ordinary high water mark of Richmond Creek the following tie line course and distance: south 18 de- grees 44 minutes 10 seconds east 762,86 feet to the northerly side of Spring. Lane; thence along the northerly line of Spring t~ne south 69 degrees 24 minutes 00 seconds west 683,76 feet to the easterly side of Indian Neck Lane; north 24 degrees 00 minutes 00 seconds west 1236.91 feet to the point or place of BEGI~!NG, STATE OF NEW YORK: : SS.: COUNTY OF SUFFOLK: ROBERT E. CU~4INS, being duly sworn, deposes and says: That he is a co-partner of R. E. C. RELATY CO., a co-partnership with office at 49-89 Fresh Meadow Lane, Flushing, New York. That title to the premises to be known as "RIChmOND SHORES AT PECONIC" is held by R. E. C. REALTY CO., by deed dated December 3, 1973, and recorded December 31, 1973, in the Suffolk County Clerk's Office in Liber 7560 of deeds at page 321. That the co-partners in said co-partnership are as follows: ROBERT E. CU~&~INS 49-89 Fresh Meadow Lane Flushing, New York 11365 SERENA CUA~'4INS 49-89 Fresh Meadow Lane Flushing, New York 11365 ARTHUR CUI~INS 8471 Cliff Ridge Lane La Jolla, California 92037 SANFORD SILVERSTEIN 136-79 Roosevelt Avenue Flushing, New York 11354 HERBERT SILVERSTEIN 136~79 Roosevelt Avenue Flushing~ New York 11354 FRADELLE SCHEFREN 10 Pine Tree Drive Great Necks New York Robert E. Cu~ains Sworn to before me this ~'>~ay of June~.~1976. Notary Public RDBERiA g. WOOD NotarY Pu~lc State of New ~Or~ N.o. 30-9736025 QualifieU in Nassau county ~ommlss~o~ ~pires March 30, t97~, STATE OF NEW YORK: : SS.: COUNTY OF SUFFOLK: ROBERT E. CU[~MINS, being duly sworn deposes and says: That I am a co-partner in R. E. C. Realty Co., a co-partnership with offices at 49-89 Fresh Meadow Lane, Flushing, New York, the fee owner of the 27.2 acre parcel on the southeasterly corner of Indian Neck Lane and Main Road, Peconic, New York. Your deponent originally purchased this property from Island Associates on October 4, 1973 by deed recorded in the office of the Clerk of Suffolk County on December 31, 1973 in Liber 7540 cp 109. On infor- mation and belief, Island Associates was a co-partnership consisting of the following parties: George J. Crisona, Frank DeStefano and Edward Hanson. The purchase of this property was an arm's length transaction in that your deponent paid the sum of $152,320 for this property. Your deponent was not associated with the seller as a partner, as a stockholder, nor as a relative of, any of the partners of Island Associates. At the time of the purchase, it was represented to your deponent that all dredging done at this property was in accordance with a permit issued by the Board of Trustees of the Town of Southold on November 17, 1969, Permit No. 580 to Edward J. Hanson, a copy of which is attached hereto. At the purchase your deponent was not aware of any possible violations that might have existed. This affidavit is submitted to clarify any misconceptions regarding my association with the former owners of this property. Sworn to before me this /~day of June, 1976o Notary Public Robert E. Cummins No. 30.9736025 Qua',ified in ~,~assau County C~mm~ssioP Expires L~a~ch 30, 197~ APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town oi Southold: major The undersigned applicant hereby applies for (,tentatiYe) (l//llll/10 approval o£ a/~ubdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southotd Town Planning Board. and represents and states as foilmvs: 1. The applicant is the owner of record o{ the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .,. ~9.~., ~PK~., ~. ~PD.~ ............ & The entire land under application ~s described in ScheduIe '~A" hereto annexed. (~py deed suggested~) 4. The land is held by the applicant under deeds recorded ~ Suffolk County Clerk's o{fke as follows: ~ ........................ -Page ...................... O~ · -' ...................... ; 5. The area of the land is o,.!~.'}~ ....... acres. 6. All ~axea which are liens on the land at tbe date hereof have been paid ~ 7. The land is encumbere~ by tWO mortgage (s) as follows: (a) Mortgage recorded in Liber , .... Page ,~ .¢~.5 ............. in original amoun~ 5..TXg~..~g~P~ .... address 245 Love Lane~ Mattituck, New York. (b) Mortgage recorded in Liber ~69~.0 ...... Page .... 2{.~ ............ in original amount .......................... ad4~s~ .%~.. Bqg. g~. ~Yg., ,.-Y~%A~Y..~~ - 57.. 8. There are no other encumbrances or liens against the land~qt~ ........................ 9. The land lies in the following zoning nsc districts ...'.'.A.'.'...R.e.s..i.d..e.n.t..i.a.,1...a.n.c].. ........ Ag~ricultural District i0. No pa~ of the land lies under ~vater whether tide xvater, stream, pond water or otherMse, xx~ Tx ~q~g..~hg~.~gK~.~..~hg'..~3.,~.¥~.~.~.~?~.Xg~.~e Drainage Easement. 11. The applicant shall at his expense install all required public improvements. 12. The landiXcim~) (does not) lie in a \¥ater District or Water Supply District. l:~x ~ Xix, X~l:itl{ ~gl~i:g~tt; >l ~r .............................................................. Io./%'Vater mains will be laid IKIX 14. Electric lines and standards wil! be installed by Long Island Lighting Company .................................... and (Ii) (no) charge will be made for installing said lines. NO ii/Gas mains will be installed :~ ............................................................ 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County I~, ighway system, annex Schedule "B" hereto, to show same. Main Road~ Route 25, ms a New York State Highway. 17. If streets shown on the plat are claimed bv the applicant to be existing public streets in the Town of Southold l-Iigh~vay system, annex Schedule "C" hereto to show same. Indian Neck Lane, is a Southold Town Highway. 18. There are no existing* buildings or srruc:ures ou the land which are not locatzd and shown on the plat. 19. 'vVhere the plat shows proposed streets xvhlch are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. Blot applicable. 20. In the course of these proceedings, the a~plicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be set by the engineers and the Planning Board, · ~KX~X~XX~iIr.~i~i~dC/~K~I~h~txlI~Y~bF~!f:X~I~{~AIDII~ and requests that the maturity o{ the Performance Bond be fixed at .3. .......... years. The Performance Bond will be written by a licensec~ surety company unless otherwise sho~vn on Schedule "F", DATE June .~.~ 1076 R.E.C. Realty Co. (Name of Applicant) (Sighature and Title) Robert E. Cumamins Partner (Address) STATE OF NE%V YORK, COUNTY OF ................................... ss: On the .................. day of .......................... 19 ....... before me personally came ............................................ to me known to be the individual described in and: who executed the foregoing instrument, and acknowledged that .............. executed the same. Notary Public STATE OF NEW YORK, COUNTY OF .... S..U.F..FQ.L.K. .................... ss: On the ......... :$ ....... day of ....................... June x~r~ , 19..7.6. ., before me personally came ..... R..o.b..e.r..t..E.;...C.u. ~r~..%~s. .................. re me kno~vn, who being by me duly sworn did de- pose and say that .... .h.e. ..... resides at No. ~4.9.7.8~ ~9...F~.e.s..h..M. ~e.a..d.o..w..L..a.n..eA Flushing, NY ................................................ that ....... .h..e ................ is :~tex. ~ ....... Partner of R.E.C. Realty Co. co-partnership the Vo~l~?o~ described in and which executed the foregoing instrument; ~X4X ........... .~_~X .... .... Notary Public ROBEPTA L. WOOD ~Ota~' Public State of N~ York No. 30-9736025 Qualified ~r N~ssau Couvty Commission Exotres March 30~ 197~ ALL ~at ca.alu ~ot, pi~e or parcd of hn~ ~ ~e buil~ngs ~d Lm~ovemenm thereon erectS, lying and ~ing in ~e Town of Southhold, at Peconic~ County of Suffolk,and State of New York~ bounded and described as follows: BEGINNING AT a paint marking the intersection of the F~.sterly line of Indian Neck Lane and the Southerly line of Main Road; running thence along the southerly line of Main Road two courses and dis= tances as follows: North 46 degrees~ 38 mznute ~ 40 seconds, East 490.04 feet; North 38 degrees 30 minutes 00 seconds East 33?°92 feet to a monument and land now or formerly of Westerlund; running thence along said last mentioned land the following two courses and distances: south 40 degrees 40 minutes east 181o37 feet to a monoment; north 49 degrees 23 minutes 50 seconds east 120,.28 feet to a monument and land now or formerly of $zczotka; thence along said last mentioned land north 48 degrees 25 minutes 4.0 seconds east 99~09 feet to a monument and land of $kwara; thence along last mentioned land the following three courses and distances: south 27 degrees 18 minnies 40 seconds east 521050 feet; south 49 degrees 39 minutes 20 seconds west 326o10 feet; south 29 grees 43 minutes east 115.0 feet to ordinary high water mark of Ricb~nond Creek; thence along ordinary high water mark of Richmond Creak the following tie line course and distance: south 18 grees 44 minutes 10 seconds east 762~86 feet to the no{therly side of Spring Lane; thence along the northerly line of Spr~ng Lane south 69 degrees 24 minutes 00 seconds west 683.76 feet to the easterly side of Indian Neck Lane; north 24 degrees 00 minutes O0 seconds west 1236.91 feet to the point or place of BEGIh~ING. STATE OF NEW YORK: : SS. : COUNTY OF SUFFOLK: ROBERT Eo CU~4INS~ being duly sworn~ deposes and says: That he is a co-partner of R~ E. C. RELATY CO~ a co-partnership with office at 49-89 Fresh Meadow Lane, Flushing, New York. That title to the premises to be known as "RIC}{MOND SHORES AT PECONIC" is held by R. E. C. REALTY COo, by deed dated December 3~ 1973~ and recorded December 3t~ !973~ in the Suffolk County Clerk's Office in Liber 7560 of deeds at page 321. That the co-partners in said co.-partnership are as follows: ROBERT E. CU~INS 49-89 Fresh Meadow Lane Flushing~ New York 11365 SERENA CU~INS 49-89 Fresh Meadow Lane Flushing~ New York 11365 ARTHUR CU[~INS 8471 Cliff Ridge Lane La Jolla~ California 92037 SANFORD S!LVERSTEIN 136-79 Roosevelt Avenue Flushing~ New York 11354 HERBERT SiLVERSTEIN 136-79 Roosevelt Avenue Flushing, New York 11354 FRADELLE SCHEFREN 10 Pine Tree Drive Great Neck, New York Robert E. Cu~ins Sworn to before me this p~day of June, 1976. ~ - Notary Public '36025 Ou~ Coun'~'~ '~m!ss .... - 30, t9~ STATE OF NEW YORK: : COUNTY OF SUFFOLK: ROBERT E. CU~q~INS, being duly sworn deposes and says: That I am a co-partner in R. E. C. Realty Co.~ a co-partnership with offices at 49-89 Fresh Meadow Lane, Flushing~ New York, the fee owner of the 27.2 acre parcel on the southeasterly corner of Indian Neck Lane and Main Roads Peconic~ New York~ Your deponent originally purchased this property from Island Associates on October 4t 1973 by deed recorded in the office of the Clerk of Suffolk County on December 31~ 1973 in Liber 7540 cp 109. On infor- mation and beliefs Island Associates was a co-partnership consisting of the following parties: George J. Crisona~ Frank DeStefano and Edward Hanson° The purchase of this property was an a~n~s length transaction in that your deponent paid the sum of $152~320 for this property. Your deponent was not associated with the seller as a partner, as a stockholder~ nor as a relative ors any of the partners of Island Associates. At the time of the purchases it was represented to your deponent that all dredging done at this property was in accordance with a permit issued by the Board of Trustees of the Town of Southotd on November 17~ 1969~ Permit No~ 580 to Edward J~ Hanson~ a copy of which is attached hereto. At the purchase your deponent was not aware of any possible violations that might have exmsted. This a~fidavit is submitted to clarify any misconceptions regarding my association with the former owners of this property. Robert E. Cummins Sworn to before me this ~ay of June, 1976. q~otary Public RC~F_RYA L, WOOD Ko. 30-9,735©~_E Quai'fr~d" ~SSaL COUR%y Commiss:on %x 0ires March 30, 1970 ALDEN W. YOUNG YOUNG ~ YOUNG ~oo OSTRANDER AVENUE RIVERHEAD, NEW YORK 11901 $16-727-2505 HOWARD W. YOUNG August 13 ~ 1974 P~ama~ r~g Board Tovm of Southold Southold~ New York 11971 Genii emen: At the request of Robert E. Cu~i~_s~ we are transmitting herewith si~ prints o£ Sketch Plan ~ubdivision Prepared for Robert E~ Cu~m~us at Peconic~ Towr_ of Southo!d~ New York~ ~ @mmmins stated to us that he had advised you that we would be sendi~ these prints. A~.~Z: tws Very tr~y yours, Alden W. ~oun~ cc: }~r. Robert E. Commins ROBERT E. 6UMMINS 49-89 Fresh Meadow Lane Flushing, New York 11354 Area Code 212 - 886 1800 AuguSt ~3, 1974 Southold Planning Board Main Road Southold, New York 11971 Attention: Mrs. Brush Dear Mrs. Brush: I am hereby requesting to be put on the Agenda of the Town Pla~ing Board to discuss a subdivision on Indian Neck Lane and Main Road, Peconic, New York. My engineer, Howard W. Young, 400 0strander Avenue, Riverhead, New York 11901, is mailing to you under separate cover six copies of a sketch of the proposed subdivision. Hoping to hear from you shortly. Very truly yours, REC: cp cc: Mr. Howard W. Young February 5. 1970 Laurel Resources Corporation c/oEd~ard Jo Hanson 5!5 Rockaway Av~ Valley Stream~ ~.¥~ llSS~ Xn answer to your letter of January 30~ t970, the Southold Town Planning Board does not look with favor on opening up eithe~;:~,?:~ upland or salt marsh to salt water. This is why your violation is so important° You have already damaged this area very materialy and every day you continue ~akes ~he matter worse. We would suggest that you stop your~contractor immediately and then consider replacing the land in its original cond~tiOno very sincerely, Jo~nn Wickham. Chairman Southold T~en Planning Board INSURANCE January 30, 1970 515 ROCKAWAY AVENUE, VALLEY STREAM, N.Y. 11581 e 516-825-7177 212-657-1070 GEORGE J. CRISONA · EDWARD J. HANSON RALPH CARR, O~ce Manager Southold Town P~anning Board SouthoJd, L.I., N.Y. Attention: John Wickham, Chairman Southold Town Planning Board Re: Laurel Resources Corp. Dear Mr. Wickham: We have your letter of January 26, and are quite disturbed to hear that we are technically in violation on the permit we received from the Town Trustees regarding property we own in Peconic, We most definitely want to work within the structure of the law complying with ail requirements. We would appreciate it if you would please send us a permit from the Planning Board to complete. When we obtain this permit, we will work on it immedlate[~ Edwara~:~l. Hanson EJH/fga RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD * P. O. BOX CUTCHOGUE, NEW YORK November 14, 1979 Southold Town Town Hall Southold, NY Planning Board 11971 ATT: Muriel Tolman, Secretary ~: Richmond Shores at Peconic Dear Ms. To]man: In connection with the above-mentioned subdivision, I am enclosing two Mylar prints, one cloth print and three pape~ prints of the subdivision map. Please present same to the Chairman for signature at your meeting tonight, and return te me for filing with the County Clerk. Very truly yours~,, R~chard P~. Lark RFL/mld Enclosures (6) JUDITH T. 'FERRY OFF1CE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 YELEPHONE (516) 765 1801 August 26, 1987 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: The Southold Town Board, at their regular meeting held on August 25, 1987, adopted the following resolution with respect to major subdivision Richmond Shores at Peconic: RESOLVED that the Town Board of the Town of Southold hereby approves the increase from $125,000 to $300,000 for the performance bond for major subdivision Richmond Shores at Peconic, and hereby determines that an inspection fee on the differential, representing $10,000, shall be paid to the Town based upon the updated bond estimate. Very truly yours, Judith T. Terry Southold Town Clerk T LD Southold, N.Y. 11971 (516) 765-1938 September 2, 1987 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: Richmond Shores SCTM# 1000-86-1-(4.1-4.29) Dear Mr. Lark: Enclosed is a copy of the resolution of the Southold Town re:solution of the updated bond estimate of $300,00 and inspection fee of $10,000, for the above referenced subdivision. May we have a bond, letter of credit or passbook in the ameunt approved, as well as, payment of the inspection fee at your earliest convenience. Thank you for your attention to this matter. enc. Very kruly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD INFORMATION IN REGARD TO APPROVED SUBDIVISION Name of subdivision SCTM# 1000- ~- Subdivision approved by Planning Board on Subdivision filed in Suffolk County Clerk's Office Zone at time of approval ~ ~. ,'~(z.~d~' ,'~,~ 1/ Current zone (~-¼~ Date zone verified Clustered subdivision: Yes~_~__ No Covenants and Restrictions filed for subdivision: Building envelopes shown for individual lots: Yes x~ No (see below/attached for details) Yes No /x< If No, set-backs for all lots within subdivision: ,,,... ~,~,~ E ~ . ~,,.. , ". Front ~ Rear " Sideyard ~ ,,' ~ c Comments: Planning Board The project will meet all requirements of the Code of the To~e of Southold Subdivision of Land Regulations. Further information c~l be obtained by contacting Ms. Muriel Tolman, Secretary, Southold Town Plamaing Board, Main Road, Southold, New York 11971. Vote of the Board: Ayes: Raynor, Gordon, Wall, Orlowski, Latham On motion made by Mr. Latham, seconded by Mr. Gordon, it was RESOLVED that the Southold Town Planning Board declare itself lead agency for the subdivision of property of Lloyd Terry located at Orient. This project is ~ualisted and an initial determination of non-significance has been made. Vote of the Board: Ayes: Raynor, Gordon, Wall, Orlowski, Latham On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED to approve sketch map dated October 1979 with additions March 1980 of minor subdivision plan of property conveyed to Robert W. Brooks located at Fishers Island. Vote of the Board: Ayes: Raynor, Gordon, Wall, 0rlowski, Latham On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board declare itself lead agency for the subdivision of property conveyed to Robert W. Brooks located at Fishers Island. This project is unlisted and an ~l determination of non-significance has been made. Vote of the Board: Ayes: Raynor, Gordon, Wall, 0rlowski, Latham On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was RESOLVED to approve site plan dated April 17, 1980 or cluster subdivision of Richmond Shores at Peoonic as certified by Building Inspector George H. Fisher May 14, 1980. Vote of the Board: Ayes: Raynor, Gordon, Wall, 0rlowski, Latham On motion made by Mr. Wall, seconded by Mr. 0rlowski, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Fishers RICHARD F, LARK ATTORNEY AT LAW MAiN ROAD -P, O. BOX 973 CUTCHOGUE, NEW YORK 1193~ Feoruary 4, 19S0 ~. George k. Fisher Senior BuildJn~ Inspector Main Roa~ Southold~ New York 11971 RE: Richmond Shores at Peconic Dear Mr. Fisher: Pursuant to Section 100-136(B) of the Code of the Town of Southold, I ~ enclosing in triplicate t2~e ~oposed Mite Plan for the above-captioned subdivision. I am subn~tting same in accordance wi~ the procedure set forth in Section 100-133(B) of the Code. After you nave reviewed sa~, kindly forwar~ it to the Planning Board; aha I would appreciate receiving a copy of your written conm~ents. Very truly yours, RFL:bc Enclosures Richard F. Lark CC: $outhold Town Planning Board RICHARD F. LARK t4ove~ her ~ 1979 Judith T, Terr/ hooch Clerk Southold To~'n : all ~4ain Road Southold, ~4c~ ~or~ 11971 'RE: pjc;r~t ~hores at Peconic Dear ~r$~ Terr' In connec~;ie: with the above-captioned subdivision, i a~. enclosin~ C]:ec]: 9170 of R. L. Ci Peaity Co. payable to the To%~n of >ctuhold in the amount e/ :~5~()00.00 re?r~- sentin~ four =~ ] cc. nt (4~) of the approved Forforrance ~r: the a~ount ~-' ~].2 It is ~i/ ~-~I< ~c!an(!inq that all rc=cJrc:'ents have been co~apleted an~,. u~ ¢ ~ rcaentation of tl%e ~inal r~}? the ;Chairr~3 ~ cf the i'lannin' ,-?~ . ,~ill si~.~n same s~c that it can be filc~i mn the Luffolk {c. uot/ Cterk'~,~ Officg. ?.FL/told ];nciosure cc: Southold 'i'o%,,n /lann~n? Board Vet',- trul~ yeurs, R1c~i~ r . Lark Ja~lu~¥ ~6~ 2.970 LmuroA Rooourcem ¢orpoE&tAo~ 1%0o Bo~ 39 5~5 Rocka~ay Ave. ValXe¥ St. zen,n, L.X., ~ York ~entleman~ The ~Xannlog Board f~ndm that you are te~hnAcmXXy tn vAoXatiom of their rulom ~ ~atm ~ ~ ~v~ of ~ M ~ ~a~. Xt ~o ~ed ~t ~ abo ~ a ~At fr~ ~ P~ we have no tntenttou of prooocuttng thtm cafe. b~ um are not~fying you that l~u are tn vlolmtLom and that thio u~ll bo taken ~nto account ~hen ~ou or future ~nezs of th~ property pzeoent plaue ~or a sub~Ltv~ston to th~ Very Jchn Wtckhmta. ChaZrman Southold To~n Planning Board c©z 8ou~hold Toun Tzulteem Southold To~n ~trd o£ Appeal~ P.O. Box 1179 53095 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 E-Maih planning@southold.org To: Ray Jacobs From: Valerie Scopaz/Carol Fax: 765-1750 Pages: 4 Phone: 765-3140 Date: 12/17/01 Re: Richmond Shores Bond' cc: Urgent For Review Please Comment Please Reply As Requested Betty Neville is waiting for your response in time for the Town Board Meeting on 12/18. JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fmc. (516)-765- 1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NE~V YORK 11971 Tel. (516) -765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ITEM QUANTITY 1. 7.0 ACRE 2. 5,200 C.Y. 3. 5,920 S.Y. 4. 3,800 L.F. 5. 1,064 TONS 6. 822 TONS 7. 494 TONS 8. 5 EACH 9. 3 EACH 10. 711 L.F. 11. 20 L.F. 12. 2 EACH 13. 675 L.F. 14. 1 EACH 15. 80 C.Y. 16. 95 EACH 17. 100 EACH 18. Spec. SD-695 19. 1 ACRE 20. 8 EACH 21. 42 EACH 22. 1 EACH BOND ESTIMATE "Revised for Completed Items" Richmond Shores At Peconic SCTM # 1000-86-0'1-04 DESCRIPTION DATE: November 14, 2001 Revised: December 10, 2001 Adopted Bond Percent AMOUNT AMOUNT COMPLETE REMAINING CLEARING & GRUBBING $ 14,000.00 100 % $ 0.00 ROUGH GRADiNG / UNCLASSIFIED EXCAVATION 26,000.00 100 % $ 0.00 FINE GRADiNG 5,920.00 100 % $ 0.00 CONCRETE CURBiNG 38,000.00 100 % $ 0.00 SURFACiNG 3¼- STONE BLEND or RCA BASE 21,280.00 100 % $ 0.00 ASPHALT BiNDER COURSE 45,210.00 90 % $ 4,521.00 ASPHALT WEARING COURSE 27,170.00 0 % $ 27,170.00 DRAINAGE CATCH BASINS 10,000.00 100 % $ 0.00 MANHOLES 7,500.00 100 % $ 0.00 i8" DIAMETER DRAINAGE PiPE 17,775.00 100 % $ 0.00 24" DIAMETER DRAINAGE PIPE 600.00 100 % $ 0.00 HEADWALL & APRON 1,600.00 0 % $ 1,600.00 6' VINYL CLAD C.L.F. 16,875.00 0 % $ 16,875.00 6' x 10' VDqYL CLAD C.L.F. GATE 900.00 0 % $ 900.00 PEDESTRIAN WALKWAY 640.00 0 % $ 640.00 STREET TREES 14,250.00 0 % $ 14,250.00 PiNE TREES (Screen Planting) 10,000.00 0 % $ 10,000.00 RECHARGE BASIN PLANTING 12,000.00 0 % $ 12,000.00 TOPSOiL & SEED 2,000.00 0 % $ 2,000.00 STREET SIGNS 1,200.00 0 % $ 1,200.00 CONCRETE SURVEY MONUMENTS 4,200.00 0 % $ 4,200.00 FIRE WELL 5,000.00 N.A. $ 0.00 SUB-TOTAL $ 282,120.00 + 5 % ADMINISTRATION FEE $ 14,106.00 ADOPTED BOND TOTAL TOTAL BOND AMOUNT $ 296,226.00 REMAINING $ 95,356.00 THE SUFFOLK COUNTY NATIONAL BANK 137 WEST BROADWAY · P.O. BOX 442 · PORT JEFFERSON, NY 11777-0442 · (516) 642-1000 · FAX (516) 642-0200 Southold Planning Board Town of Southold Main Road Southold, NY 11971 December 21, 2001 u 2082 Re: "Richmond Shores at Peconic" Irrevocable Letter of Credit No. 011221 Southo c Town Board Dear Board Members: By order and for the account of our clients, Schembri Homes, Inc., 2042 North Country Road, Suite 203, P.O. Box 6, Wading River, New York 11792, we hereby issue in your favor our Irrevocable Letter of Credit No. 011221 up to an aggregate amount of U.S. $95,356.00 effective immediately and expiring at our Commercial Loan Office located 244 Old Country Road, Riverhead, New York 11901 on January 5, 2003. Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Credit No. 011221 accompanied by: "Beneficiary's signed statement certifying that Schembri Homes, Inc., has failed to complete certain site improvements for the final plat of "Richmond Shores at Peconic", as called out by resolution of the Southold Planning Board in the amount of $95,356. 00." It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present expiration date, unless forty-five days (45) days prior to any such date, we shall notify you in writing by certified mail at the above listed address that we elect not to consider this £etter of Credit renewed for uny such additional period. In such an event the Letter of Credit may be drawn on in the full amoun~ Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Letter of Credit No. 011221 dated December 21, 2001. ' We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 244 Old Country Road, Riverhead, New York 11901. Address all correspondence regarding the Letter of Credit to The Suffolk Coun{y National Bank address mentioning our Letter of Credit No. 011221. THE SUFFOLK COUNTY NATIONAL BANK Irrevocable Letter of Credit No. 011221 Schembri Homes, Inc. Page 2 Except so far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. This Letter of Credit supercedes our previously issued Letter of Credit No. 010105 dated January $, 2001. The Suffolk County National Bank David T. DeVito Vice President ELIZABETH A. NE~rILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARI~AGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 874 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes the reduction of the amount of the bond estimate for the subdivision "Richmond Shores at Peconic" from $296~226.00 to $95~356.00, all in accordance with the recommendation of the Southold Town Planning Board, SUperintendent of Highways, and Town Engineer James A. Richter, R.A., subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RAYMOND L. JACOBS Superintendent RECBVED Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 734-5211 Fax 765-1750 DEC 1 7 2001 December 17, 2001 Ms. Elizabeth Neville Southold Town Clerk 53095 Main Road Southold, New York 11971 Re: Richmond Shores Subdivision SCTM#1000-88-01-04 Bond Reduction Dear Ms. Neville: I have reviewed Mr. Richter's report on the bond estimate (revised 12/10/01) on the above named subdivision and concur with his findings. ctfully, JEAN W. COCHRAN SUPERVISOR '£OVtN ~IALL . 53~95 MAIN ROAD Fa~ (516) - 7(~5 - I366 JAMES A. RICHTER R.A. ENGINEER TOWN OF SOUTHOLD, NI.~W YORK 11971 OFFICE OF THE ENGINEER TOWN OF ~OUTHOLD November 21, 2001 Raymond L. Jacobs Superintendent of Highways Peconic Lane Peconic... New York 11958 Re: Richmond Shores Subdivision SCTM #: 1000-86-0t-04 Dear Mr. Jacobs: As per a request from the Planning Board, I have inspected the above referenced project. The developer has requested a reduction in the Bond amount based on the amount of work completed to date. Enclosed please find a revision of the odginal bond estimate. This revised bond indicates the percentages of quantities of work completed to date as well as a Bond amount for the work remaining to complete the project. The Fire Well item was considered to be Non Applicable "NA". This is due to the fact that a public water system with fire hydrants has been installed. If you have any questions concerning this recommended bond reduction, please contact my office. Richter, R.A. JEAN W. COCHRAN SUPERVISOR TC)WN' }'~4~L - 53095 MAIN f~ (516) -765 JAIM S A. CHTER, R.A. ENGINEER TOWN OF SOUTI-IOLD, ~W YORK 1 t971 Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD ITEM 1, 2, 3. 4. 5. 6. 7, 8. 9. 10. 11. 12. 13- 14. 16. 17, 18. 19, 20. 22. QUANTEPf 7.0 5,200 C.Y. 5,920 S,Y, 3,800 1,064 TONS 822 TONS 494 TONS $ EACit 3 ~ 711 20 L.F. 2' 675 L.F. 1 EACH 8~ C~Y~ 95 EACH 100 EACH Sp~c. 1 ~ EACH 42 BAC~ 1 EA~ BOND ESTIMATE "Revised for Completed Items" Richmond Shores At Peconic $CTM # 1000-~-01-04 DATE: November 14, 2001 Revised: December 10, 2001 DESCRIPTION Adopted Bond AMOUNT CLEARING & GRUBBING ROUGt-I GRADING / UNCLASSfr~LED EXCAVATION FINE GRADING CONCRETE CURBING SURFACLNG ~" STONE BI2EN'D or RCA BASE ASPItALT BINDER COURSE ASPILALT VfBAi~NG COURSE DRAINAGE. CATCI~[ B.~S1NS MANHOLES 18' DIAMETER DPokLNAGE PIPE 24" DIAMB~ DRAINAGE PIPE HEADWALL & APRON 6' VINYL CLAD C.LF. 6' x 10' VINYL CLAD C.L.F. GATE PF-i)ESTRIAN WALKWAY STREET TR ~S PINE TREES (Screen Planting) RECHARGE BASiN PLAI~rLNG TOPSOIL & SEED STREET SIGNS CONCRETE SURVEY MONUMENTS FII~ WEI,L SU'B-TOTAL + 5 % ADMINISTRATION FEE ADOPTED BOND TOTAL Percent COMPLETE AMOUNT REMAINING $ 14,000.00 100% $ 0,00 26,000.00 100 % $ 0.00 5,920.00 100 % $ 0.00 38,0OO.O0 100 % $ 0.00 21,280.00 45,210.00 27,170,00 10,000.00 %500.00 17,775,00 600.00 1,600,00 16,875,00 900.00 640.00 14,250.00 10,000.00 12,000.00 · 2,000,00 1,200,00 4,200.00 5,000.00 $ 2§2,120.0~ ~ !4,.I 06-00 100% 90% 0% 100 % 100% 100 % 100% 0% 0% O% O% O% O% 0% 0% O% 0% N.A. TOTAL BOND .a.i~O'U'NT REI~IAINING $ 296,226.00 0.00 4,521.00 27i170.00 $ 0.00 $ 0.00 $ 0,00 $ 0.00 $ 1,600.00 16,875.00 900.00 640.00 14,250.00 10,000.00 12,OO0.00 2,000.00 1,200.00 4,200.00 0,00 95,356.00 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARI)S GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 58095 Staie Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631).765-1938 Fax (631) 765-8186 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11,2001 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Major Subdivision Richmond Shores at Peconic Located at the southeast corner of SR 25 & Indian Neck La. Peconic SCTM#1000-86-1-4 Dear Ms. Neville: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 10, 2001' BE IT RESOLVED that the Southold Town Planning Board adopts Jamie Richter's report of November 14, 2001, last revised on December 10, 2001, and approves the proposed reduction of the bond estimate for the subdivision "Richmond Shores at Peconic" from $296,226.00 to $95,356.00, as per Mr. Richter's recommendation. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman eric. cc: Charles Cuddy, Esq. ,,-, JAMES A. RICHTER, R.A. JEAN W. COCHRAN IIllt~} ENG~N~Ea __~~__ TO~ OF SOUTHOLD, NEW YO~ t 197 l TO~ ~LL - 53095 ~ ROAD F~. {516] -765 - 1366 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD ITEM QUANTITY 1. 7.0 A. CRE 2. 5.200 C.Y. 3. 5,920 S.Y. 4. 3,800 L.F. 5. 1,064 TONS 6. 822 TONS 7. 494 TONS 8. 5 EACH 9. 3 EACH 10. 711 L.F. 11. 20 L.F. 12. 2 EACH 13. 675 L.F. 14. 1 EACH 15. 80 C.Y. 16. 95 EACH 17. 100 EACH 18. Spec. SD-695 19. 1 ACRE 20. 8 EACH 21. 42 EACH 22. ! EACH BOND ESTIMATE "Revised for Corn pleted Items" Richmond Shores At Peconic SCTM # 1000-86-01-04 DESCRIPTION DATE: November 14, 2001 Revised: December 10, 2001 CLEARI2qG & GRUBBING ROUGH GRADING / UNCLASSIFIED EXCAVATION FINE GRADING CONCPdETE CURBING SURFACING 'A" STONE BLEND or RCA BASE ASPHALT BINDER COURSE ASPHALT WEARING cOURSE DRAINAGE CATCH BASINS MANHOLES l 8" DIAMETER DRAINAGE PIPE 24" DIAMETER DRAINAGE PIPE HEADWALL & APRON 6' VINYL CLAD C.L.F. 6' x 10' VINYL CLAD C.L.F~ GATE PEDESTRIAN WALKWAY STREET TREES PINE TREES (Screen Planting) RECHARGE BASIN PLANTING TOPSOIL & SEED STREET SIGNS CONCRETE SURVEY MONUMENTS FIRE WELL SUB-TOTAL - 5 % ADMINISTRATION FEE ADOPTED BOND TOTAL Adopted Bond AMOUNT $ 14,000.00 Percent COMPLETE AMOUNT REMAINING 100 % $ 0.00 26,000.00 100 % $ 0.00 5,920.00 100 % $ 0.00 38,000.00 100 % $ 0.00 21,280.00 45,210.00 2%170.00 10,000.00 7,500.00 17,775.00 600.00 1,600.00 16,875.00 900.00 640.00 14,250.00 10,000.00 12,000.00 2,000.00 1,200.00 4,200.00 5,000.00 $ 282,120.00 $ 14,106.00. 100 °A 90 % 0% 100 % 100 % 100 % 100 % 0% 0% 0% 0% 0% 0% O% O% 0% 0.% N.A. $ 296,226.00 $ 0.00 $ 4,521.00 $ 27,170.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 1,600.00 16,875.00 900.00 64O.OO 14,250.00 10.000.00 12.000.00 2,000.00 1,200.00 4,200.00 0.00 TOTAL BOND AMOUNT REMAINING $ 95,356.00 JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516) -765- 1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOLrFHOLD, NEW YORK 11971 Tel. [.516) - 765 - 1560 OFFICE OF TItF, ENGINEER TOWN OF SOUTHOLD November 21, 2001 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold. New York 11971 Re: Richmond Shores Subdivision SCTM #: 1000 - 86 - 01 - 04 Dear Mr. Orlowski: As per your request, I have inspected the above referenced project. The developer has requested a reduction in the Bond amount based on the amount of work completed to date. Enclosed pleased find a revision of the onginal bond estimate. This revised bond indicates the percentages or quantities of work completed to date as well as a Bond amount for the work remaining to complete the project. The Fire Wel Item was considered to be Non Applicable "NA". This is due to the fact that public water system and fire hydrants have been installed. If you have any que'stions concerning this recommended bond reduction, please contact my office. Soathold Town Planning Boar~ JEAN W. COCHRAN SUPERVISOR TOWN HAIL - 53095 MAIN ROAD Fax. (516)-765-1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (516) -765 - 1560 OFFICE OF TIlE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE "Revised for Completed Items" Richmond Shores At Peconic SCTM # 1000-86-0'1-04 DATE November 14, 2001 Adopted Bond ITEM 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. QUANTITY 7.0 ACRE 5,200 C.Y. 5,920 S.Y. 3,800 L.F. 1,064 TONS 822 TONS 494 TONS 5 EACH 3 EACH 7I 1 L.F. 20 L.F. 2 EACH 675 L.F. 1 EACH 80 C.Y. 95 EACH 100 EACH Spec. SD-695 1 ACRJ~ 8 EACH 42 EACH 1 EACH Percent AMOUNT D ESC~'~PTION AMOUNT COMPLETE REMAINING CLEARING ~k,QRUBBING $ 14,000.00 100 % $ 0.00 ROUGH GRADING / UNCLASSIFIED ES~CAVATION 26,000.00 100 % $ 0.00 FINE GRADING ~x 5,920.00 100 % $ 0.00 CONCRETE CURBING,,, 38,000.00 100 %. $ 0.00 LA STO~ B----~--0-or RCd'BxASE 21,280.00 100 % $. 0.00 ASPHALT BINDER COURSE~ 45,210.00 90 % $ 4,521.00 ASPHALT WEARING COURSE'X 27,170.00 0 % $ 27,170.00 DRAINAGE CATCH ~ 10,000.00 100 % $ 0.00 MANHOLES ~ 7,500.00 100 % $ 0.00 18" DIAMETER DRAINAGE PIPE x~ I7,775.00 100 % $ 0.00 24" DIAMETER DRAINAGE PIPE ~ 600.00 100 % $ 0.00 HEAl)WALL & APRON x4~600.00 0 % $ 1,600.00 6' VINYL CLAD C.L.F. 16,87'5x00 0 % $ 16,875.00 6' x 10' VINYL CLAD C.L.F. GATE 900.0t{ 0 % $ 900.00 PEDESTRIAN WALKWAY 640.00~ ' 0 % $ 640.00 STREET TREES .14,250.00 ~ 0 % $ 14,250.00 ' PINE TREES (Screen Planting) 10,000.00 ~ 0 % $ 10,000.00 RECHARGE BASIN ?LANTING 12,000.00 '~ 0 % $ 12,000.00 TOPSOIL & SEED 2,000.00 ~Q % $ 2,000.00 STREET SIGNS 1,200.00 0\~'o $ 1,200.00 CONCRETE SURVEY MONUMENTS 4,200.00 0 %x $ 4,200.00 FIRE WELL 5,000.00 N.A. ~ $ 0.00 SUB-TOTAL $ 182,640.00 . ~ + 6% ADMINISTRATION FEE $ 10,'958.40 TOTAL a:uOtmT \ ADOPTED BOND TOTAL $ 193,598.40 ' REMAINING xSX '95,356.00 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI-[ARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Certified Mail PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Mr. David DeVito, Vice President The Suffolk County National Bank 137 West Broadway, P.O. Box 442 Port Jefferson, NY 11777-0442 Re: Performance Guarantee for Schembri Homes, Inc. Subdivision, Richmond Shores SCTM#1000-86-1-4.1 to 4.29 Dear Mr. DeVito: The performance guarantee for the subdivision of Richmond Shores (Irrevocable Letter of Credit #010105 with the Suffolk County National Bank) is due to expire on January 5, 2002. Since the improvements have not been completed, the guarantee must be extended for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by Friday, December 28, 2001 at 11:00 a.m., there will be a resolution before the Town Board at its January 3rd meeting to authorize the Town to draw on the Letter of Credit. Attached is a copy of the Planning Board's resolution of December 10, 2001, recommending the reduction in the amount of the Performance Guarantee. If the Town Board approves this reduction at its December 19th meeting, the Letter of Credit may be revised to reflect the lesser amount. If you have any questions, please contact the Planning Board Office. ,~ truly yours, Town Planner Cc: Elizabeth Neville, Town Clerk Gregory Yakaboski, Town Attorney Charles R. Cuddy, Esq. (via facsimile) JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516) -765 - 1366 JAMES A. RICHTER, R.A. ~/~ ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD November 21, 2001 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Richmond Shores Subdivision SCTM #: 1000 - 86 - 01 - 04 Dear Mr. Orlowski: As per your request, I have inspected the above referenced project. The developer has requested a reduction in the Bond amount based on the amount of work completed to date. Enclosed pleased find a revision of the original bond estimate. This revised bond indicates the percentages or quantities of work completed to date as well as a Bond amount for the work remaining to complete the project. The Fire Well Item was considered to be Non Applicable "NA". This is due to the fact that public water system and fire hydrants have been installed. If you have any questions concerning this recommended bond reduction, please contact my office. Sir JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765 - 1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 1197i Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ITEM QUANTITY 1. 7.0 ACRE 2. 5,200 C.Y.' 3. 5,920 S.Y. 4. 3,800 L.F. 5. 1,064 TONS 6. 822 TONS 7. 494 TONS 8. 5 EACH 9. 3 EACH 10. 71i L.F. 11. 20 L.F. 12. 2 EACH 13. 675 L.F. 14. 1 EACH 15. 80 C.Y. 16. 95 EACH 17. 100 EACH 18. Spec. SD-695 19. 1 ACRE 20. 8 EACH 21. 42 EACH 22. 1 EACH BOND ESTIMATE "Revised for Completed Items" Richmond Shores At Peconic SCTM # 1000-86-01-04 DATE November 14, 2001 DESCRIPTION Adopted Bond AMOUNT CLEARING & GRUBBING ROUGH GRADING / UNCLASSIFIED EXCAVATION FINE GRADING CONCRETE CURBING SURFACING ~" STONE BLEND or RCA BASE ASPHALT BINDER COURSE ASPHALT WEARING COURSE DRAINAGE CATCH BASINS MANHOLES 18" DIAMETER DRAINAGE PIPE 24" DIAMETER DRAINAGE PIPE HEAl)WALL & APRON Percent AMOUNT COMPLETE REMAINING $ I4,000.00 100 % $ 0.00 26,000.00 100 % $ 0.00 5,920.00 100 % $ 0.00 38,000.00 100 % $ 0.00 21,280.00 45,210.00 27,170.00 6' VINYL CLAD C.L.F. 6' x 10' VINYL CLAD C.L.F. GATE PEDESTRIAN WALKWAY STREET TREES PINE TREES (Screen Planting) RECHARGE BASIN PLANTING TOPSOIL & SEED STREET SIGNS CONCRETE SURVEY MONUMENTS FIRE WELL 100 % $ 0.00 90 % $ 4,521.00 0 % $ 27,170.00 SUB-TOTAL + 6% ADMINISTRATION FEE 10,000.00 100 % $ 0.00 7,500.00 100 % $ 0.00 17,775.00 100 % $ 0.00 600.00 100 % $ 0:00 1,600.00 0 % $ 1,600.00 ADOPTED BOND TOTAL 16,875.00 900.00 640.00 14,250.00 10,000.00 12,000.00 2,000.00 1,200.00 4,200.00 5,000.00 $ 182,640.00 $ 10,958.40 $ 193,598.40 0% $ 16,875.00 0 % $ 9OO.OO 0 % $ 64O.00 0 % $ 14,250.00 0 % $ I0,000.00 0 % $ 12,000.00 0 % $ 2,00O.00 0 % $ 1,200.00 0 % $ 4,200.00 N.A. $ 0.00 TOTAL BOND AMOUNT REMAINING $ 95,356.00 EO. Box 184~ Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVE NUE RIVERHEAD, NEW YORK TEL: !631 369-8200 FAX: (631) 369-9080 E-mail: crcuddy@ eartJ~link.net October 1, 2001 Southold Town Planning Board Main Road PO Box 1179 Southold, NY 11971 Re: Schembri - Richmond Shores subdivision Dear Planning Board Members: The work on the roads and other improvements at Richmond Shores has progressed significantly and we believe that an inspection will indicate that part of the PerFormance Bond may now be released We therefore respectfully request that the Town undertake an inspection and indicate what part of the bond may be released. cc: James Richter CRC: cg Very truly yours, Charles R. Cuddy CHARLES R CIJDD'7 CHARLES P,. CUDDY ATTOP. NF.y AT LAW PA~E 0i/01 FAX: Sen~ Vii Fac~kniie 765-3 I36 Plmming Department Town o? S ou~hoid 53095 Main Road POBax !t79 Sou~hoid, NY I I~71 March 19, 200t ':%' ~ - , Attn: Craig Turner Re~ Schembi5 - Richmond Shores Dear Mr, Turn~: ~iease artvis~ the staCua of the Lettar of' Credit whit8 is being substituted ~br the · mproveme.,~; Pe~:.,rmanoe Bond tbr Richmond Shores Subdidslon, truly yours, Charla~ K, Cuddy CRC:ms ELIZABETH A. NEVILLE TOWN CLERK REGISTP~AR OF VITAL STATISTICS MARRIAGE OFFICER t~ECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 245 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2001: RESOLVED that the Town Board of the Town of Southold hereby approves the release of the subdivision bond no. 621920 from the First Idemnity of America Insurance Company in the amount of $300,000.00 for road and improvements in the Richmond Shores subdivision, issued to Robert E. Cummins and R.E.C. Realty Company, all in accordance with the recommendation of the Southold Town Planning Board, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk PLANNING BOARD MEMBE)~S BENNETT ORLOWSKI, JR. Chairman WILLLMM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hail, 53005 Sta~e ~b~oute P.O. Box 1179 Southold, New York 11071-0050 Telephone (631) 765-1938 Fax (631) 765-3136 PI,ANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Craig Turner, Planner Richmond Shores Performance Bond Extension SCTM # 1000-86-1-(4.1-4.30) (Peconic) March 1, 2001 The remaining lots in the Richmond Shores subdivision have been sold to a new developer. As part of the sale, the new developer must provide a performance guarantee for the subdivision. The Planning Board asks that the Town Board accept the new guarantee, Letter of Credit # 010105 from the Suffolk County National Bank for $296,226, which expires on January 5, 2002, but is automatically extended for an additional year unless it is released. In addition, the Town Board must release by resolution the current guarantee, Bond # 621920 from First Indemnity of America Insurance Co. for $300,000, which expires on December 31, 2001. Please place these items on the next available Town Board agenda. The reason that the amounts are different is that the first developer rounded the amount. THE SUFFOLK COUNTY NATIONAL BANK 137 WEST BROADWAY · P.O. BOX 442 · PORT JEFFERSON, NY 11777-0442 · (516) 642-1000 · FAX (516) 642-0200 January 5, 2001 SouthoM Planning Board Town of Southold Main Road Southold, NY 11971 Re: "Richmond Shores at Peconic" Irrevocable Letter of Credit 010105 Dear Board Members: By order and for the account of our clients, Schembri Homes, Inc., 2042 North Country Road, Suite 203, P.O. Box 6, Wading River, New York 11792, we hereby issue in your favor our Irrevocable Letter of Credit No. 010105 up to an aggregate amount of U.S. $296,226.00 effective immediately and expiring at our Commercial Loan Office located 1149 Old Country Road, Riverhead, New York 11901 on January 5, 2002. Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Credit No. O1 O105 accompanied by: "Beneficiary's signed statement certifying that Schembri Homes, Inc., has failed to complete certain site improvements for the final plat of "Richmond Shores at Peeonic'; as called out by resolution of the $outhold Planning Board in the amount of $296,226.00.' It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five days (45) days prior to any such date, we shall notify you in writing by certified mail at the above listed address that we elect not to consider this Letter of Credit renewed for any such additional period. In such mn event the Letter of Credit may be drawn on in the full amount. Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Letter of Credit No. 010105 dated January 5, 2001. ' We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 1149 OM Country Road, Riverhead, New York 11901. Address all correspondence regarding the Letter of Credit to The Suffolk County National Bank address mentioning our Letter of Credit No. 010105. Except so far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. The Suffolk Coun(y National'Bank 'David T. DeVito Vice President PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chedrman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Craig Turner, Planner Richmond Shores Performance Bond Replacement SCTM # 1000-86-1-(4.1-4.30) (Peconic) Februao/20, 2001 I sent the attached memo regarding the release of a bond and acceptance of a letter of credit for Richmond Shores about a month ago. I was wondering if anything had happened on this action. Please send to me any resolutions that have been passed. If not, could you please place it on the next Town Board agenda. PLANNING BOARD 1VIEMBE~_.,~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATI-IAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FKOM: RE: DATE: Elizabeth Neville, Town Clerk Craig Turner, Planner Richmond Shores Performance Bond Extension SCTM # 1000-86-1-(4.1-4.30) (Peconic) January t0, 2001 The remaining lots in the Richmond Shores subdivision have been sold to a new developer. As part of the sale, the new developer must provide a performance guarantee for the subdivision. The Planning Board asks that the Town Board accept the new guarantee, Letter of Credit # 010105 from the Suffolk County National Bank for $296,226, which expires on January 5, 2002, but is automatically extended for an additional year unless it is released. In addition, the Town Board must release the current guarantee, Bond # 621920 from First Indemnity of America Insurance Co. for $300,000, which expires on December 31, 2001. Please place these items on the next available Town Board agenda. The reason that the amounts are different is that the first developer rounded the amount up to a convenient number. Since the amount of the guarantee is ten years old, the Planning Board has asked the Town Engineer to revise the bond estimate. The new estimate will update the costs of required improvements as well as take into account work that the developer has already completed. When this is done, a new letter of credit will be issued to replace the one that will be adopted at the next meeting. Mailln~ Acl~ress: EO. Box 15z~7 Riverheac[, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 4,4~8 GRI FLING AVENUE I~IVERHEAD, NEW YORK January 8, 2001 TEL: (631) 36%8200 FAX: (631) 369-9080 E-mail: crcuddy@e~rthhnk.net Southold Town Planning Board 200 Howell Avenue Riverhead, New York 11901-2596 Re: Applicant: schembri Homes, Inc. Subdivision Application - Richmond Shores at Peconic Dear Board Members: I lam delivering herewith an Irrevocable Letter of Credit for the suibdivision known as Richmond Shores at Peconic. This letter is to replace the Performance Bond currently in effect for the subdivision. By! copy of this letter, I am also advising the Town Attorney that we are submitting a copy of the Letter of Credit for his records. WoUld you please take whatever steps are necessary to substitute this Letter of Credit and release the existing Performance Bond for th~s subdivision. I ~am enclosing a copy of the Letter of Credit, the original of which will be delivered to you within the next two days. Enc. cc: Craig Turner CRC:cg Very truly yours, Charles R. Cuddy Southold Towr Planning Board THE SUFFOLK COUNTY NATIONAL BANK 0 WE~T SECOND STR E£T' P,O, BOX 9800 * R[VERHEAD, NEW YORK 11901-gOOD · (518) 727-2700. FAX (~tO) T~7-3:;'10 Janua~ 5, 2001 $outhold Pianniag Board Zown of $outhold Ma~n Road $outhold, NY' 11971 Re: "Richmond Shores at Peconic' Irrevocable Letter of Credit 010105 Dear Board Members: By order and for the account of our clients, Sehembri tlomes, Ina, 2042 North Country Road, Suite 205, P.O. Box 6, ge'ading RDer, Ne~ York 11792, we hereby issue in your favor our Irrevocable Letter of Credit No. 010105 up to an aggregate amount of U.S. $296,226.00 effective immediately and ~xpiring at our Commercial Loan Office located 1149 Old Country Road, Rive;head, New York 11901 on January 5, 2002. Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Credit No. 010105 accompanied by: "Beneficiary's signed statement certifying that Sehembri ttomes, Inc., has'failed to complete certain site improvements for the final plat of "Richmond Shores at Peconlc'; as called out by resolution of the $outhald Planning Board in the amount of $296,226; 00." It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five days (45) days prior to any such date, we shall notify you in writing by certified mail at the above listed address that we elect not to consider this Letter of Credit renewed far any such additional period, In such an event the Letter of Credit may be drawn on in the full amoun[ Draft(s) drawn to state; ~Drawn under The Suffolk County National Bank Letter of Credit No. O10105 dated January 5, 2o01." Vr~e hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 1149 Old Coantry Road, Riverhead~ New York 11901. Address all CorreSpondence regarding the Letter of Credit to The Suffol[~ County National ~lank address mentioning our Letter of Credit No. 010105. Except so far as other~i*e expressly stated hereof, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 l~evision) International Chamber of Commerce Publication No. 500. Th e Suffolk County National Bank David T. DeVito Vice President ~oo~j XV~ ~I:9I NOI~ 10/90/I0 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MA2~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD THIS IS T° CERTIFY THAT THE FOLLOWING RESOLUTION NO. 57 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2001: RESOLVED that the Town Board of the Town of Southold hereby approves a one ,/ear extension of the performance bond for the Richmond Shores subdivision and road and drainage improvements in the amount of $300,000.00 fi:om December 31, 2000 to December 31, 2001, as recommended by the Planning Board, Town Engineer, and Superintendent of Highways, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk JAl4 ¢ 8 2, 81 PLANNING BOARD MEMBEi BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter Engineering Department Southold Town Hail Southold, NY 11971 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review, Application Name: Tax Map No,: Street Location: Hamlet Location: Type of Application: 1000- gC-I. (d(.i. ~,o) Sketch Subdivision Map (Dated / Preliminary Subdivision Map (Dated / Final Subdivision Map (Dated / Road Profiles (Dated / / Gradingand Drainage Plans (Dated / / Other ~ F_z~'~J-e. (Dated lO /30 / qO Sketch Site Plan Preliminary Site Plan (Dated / / (Dated / / Grading and Drainage Plans (Dated Other (Dated Comment. s ~ ~i~if J~ ~[~ u~[[~. ~0~ ~ ~ ~ Contact person: RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JA>~ES A. RICHTER ENGINEERING INSPECTOR 734-5211 OCTOBER 30, 1990 BOND ESTIMATE FOR RICHMOND SHORES AT PECONIC ITEM 9. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. QUANTITY 5,200 c.y. 5,920 s.y. 3,800 1.f. 1,064 tons 822 tons 494 tons 5 ea. 3 ea. 711 1.f. 20 1.f. 2 ea. 675 1.f. 80 c.y. 95 ea. 100 ea. spec. SD-695 42 ea. DESCRIPTION CLEARING & GRUBBING ROUGH GRADING / EXCAVATION (ROADS & RECHARGE BASIN) FINE GRADING CONCRETE CURB SURFACING: BASE COURSE (4" STONE BLEND) BINDER COURSE (2½" ASPHALT) WEARING COURSE (1~" ASPHALT) DRAINAGE: CATCH BASINS MANHOLES 18" DRAINAGE PIPE 24" DRAINAGE PIPE HEADWALL & APRON 6' VINYL CLAD C.L.F. 6' x 10' VINYL CLAD C.L.F. GATE PEDESTRIAN WALK STREET TREES PINE TREES (SCREEN PLANTING) RECHARGE BASIN PLANTING (TREES, SHRUBS & PLANTING) SEEDING STREET SIGNS CONCRETE MONUMENTS FIRE WELL UNIT PRICE $ 2,000.00 5.00 1.00 10.00 20.00 55.00 55.00 2,000.00 2,500.00 25.00 30.00 800.00 25.00 900.00 8.00 150.00 100.00 2,000.00 150.00 100.00 5,000.00 SUB-TOTAL 5% INSPECTION FEE TOTAL AMOUNT $ 14,000.00 26,000.00 5,920.00 38,000.00 21,280.00 45,210.00 27,170.00 10,000.00 7,500.00 17,775.00 600.00 1,600.00 16,875.00 900.00 640.00 14,250.00 10,000.00 12,000.00 2,000.00 1,200.00 4,200.00 5,000.00 = $ 282,120.00 = $ 14,106.00 - $ 296,226.00 SHEET I OF 1 REC REALTY CO. C/O ROBERT E. CUMMINS 18 ARLEIGH ROAD GREAT NECK, NY 11021 Tel # 516-829-9100 Fax # 516-829-9106 December 18, 2000 Mr. Craig Turner Southold Planning Board Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971-0959 Re: Performance Guarantee for Richmond Shores, Peconic Bond # 621920 - First Indemnity of American Insurance Co. Dear Craig: I am pleased to enclose a corrected Continuation Certification from the First Indemnity of American Insurance Company in reference to the above Bond. This Certification extends the guarantee from December 31, 2000 to December 31,2001. Sincerely, B ~ob~ummins REC Realty Co. enG. BC: gw FIRST INDEMNITY OF AMERICA INSURANCE COMP/r dY 119 Littleton Road Parsippany, NJ 07054 Fax: (973) 402-0770 (973) 402-1200 DEC g 0 ZL u0 CONTINUATION CERTIFICATION R.E.C. REALTY COMPANY ,as Principal, and the First Indemnity of America Insurance Company, as Surety, in a certain bond, numbered 621920 ~, dated the 31ST day of DECEMBER , 19 87 , in the penalty of THREE HUNDRED THOUSAi,iD AzND 00/100 ............................... Dollars ($ 300,000.00 ), in favor of TOm OF SOUTT-IET,T~ SUFFOLK COUNTY , do hereby continue said bond in force for the further term of one year beginning on the 3iST day of DECEMBER , ~ 2000 provided, however, that said bond, as continued hereby, shall be subject to all its terms and conditions, except as herein modified, and that the liability of the said First Indemnity of America Insurance Company of Parsippany, New Jersey, under said 'bond and any and all continuations thereof sh~ll in no event exceed in the aggregate the above named penalty and that this certificate shall not be valid unless signed by said principal. Signed, sealed and dated this 22ND day of NOVEMBER , ~ 2000 Witness: R.E.C. REALTY COMPANY Principal (Seal) Fir/~t Indemnity of Arne, gri~c~ /1 Insurance Comp,~n)// ANDRA PHELAN, ATTORNEY IN FACT 12/15/00 ]0:~59 FAX 51U GLOBAL PLA_~ l NG REC REALTY CO. C/O ROBERT E. CUMMINS 1 $ ARLEIGH ROAD GREAT NECK, NY 11021 Tel # 516-829-9100 Fax # 516-829-9106 December 15, 2000 ~ 001 Ms, Craig Turner Southold Planning Board Town Hail, 53095 Main Road PO Box i 179 Southold, NW 11971-0959 Re: Performance Guarantee for Richmond Shores, Peconic Bond # 621920 - First Indemnity of American Insurance Co. Dear Craig: I mn pleased to enclose a corrected Continuation Certification from the First Indemnity of American Insurance Company in reference to the above Bond. This Certifica:don extends the guarantee from December 31, 2000 to December 31, 2001. Sincerely, Bob Cummins REC ReatD' Co. ertc, BC: gw GLOBAL PLAN~ I NG ' .r RST INDEMNITY OF AMERICA I NSU RANCE COMPAN 11 9 Littleton Road Parsippany, NJ 07054 Fax: ~973~ 402-0770 ,,9, 3,402-1200 ~ o0~ CONTINUATION CERTIFICATION R. E, C. REAT.TY_.GOMP~NY ,ag Principal, and the First Indemnity of America Insurance Company, as Surety, in a certain bond, numbered 621920 ., dated the 31ST dayof DEGEYmEr, ,19 87 , .......... in-the perratty-of -- ~:nE~ -~,{tk'~-Dl%E~,--t~Ot~S-~Nt,- ~4g-q:)O;Q~m:~ .............. Z__:-;. ............ goJJars'($ 30o,0oo,oo ), in favor Of_TO,,CN OF sol~qm~T,n SUFFOLK C0UN~ , do hereby continue said bon~J in force for the further term of one year beginning on the 31~ day of D~,Gg~.R ,1~ 2000 provided, however, that said bond, as continued hereby, shall be subject to all its terms and conditions, except as herein modified, and that the liability of the said First Indemnity of America Insurance Company of Parsippany, New Jersey, under said bond and any and all continuations thereof sh~l[ in no event exceed in the aggregate the above named penalty and that this certificate shall not be valid unless signed by said principal. Signed, sealed and dated this 22~ day of ~ov~g~ , ~ 2000 Witness: R, E. C . REALTY COI~PAN~Y Principal (Seal) 11:0~ FaX 51~ 328 910~ GLOBAL PLANNING ~001/002 12/16/00 REC REALTY CO. C/O ROBERT E. CUrtAINS 18 ?~RLEIOH ROAD GREAT NECK, N~' 11021 Tel # 516-829-9100 Fax # 516-829-9106 December t~, 2000 Ms. Craig T ,ur. net Sourhold Planning Board Town Hail, 53095 Main Road POBox !179.- Soutl~old, NY 11971-0959 Re: Performance Guarantee for Richmond Shores, Peconic Bond # 621920 - First Indemnity of American Insurance Co. Dear Craig: ~ I am pleased to enclose a correctedaContinuation Cenification from zhe First Indemp2ty of American Insurance Company in reference to the above Bond. This CerfiScation ex;ends the guarantee from December 31, 2000 to December 31,2001. Sincerely, ................ REC Realty Co. erlG. BC: gw 1!;10 FAX Sl6 ,~29 ~Ji0B GLOBAL PL~k~ING r'RST ~NIDEMNITY OF AMERICA INSURANCE COMPAN . 119 Littleton Road Parsippany, NJ 07054 Fax: (973) 402-0770 (973) 402.1200 CONTINUATION CERTIFICATION ,as Principal, R.E,C, REALTY and the First Indemnity of America Insurance Company, as Surety, in a certain bond, numbered 62].920 , dated the 3!ST day of DECE~E~. ,19 87 , Dollars ($_ 300,000.00 .), in favor of SL'F~'OL~ ¢OU'~T'Z ., do hereby continue s, ai.d bond in force for the further term of one year beginning on the ~lST day of P3c~lz , ~!: 200__..~0 provided, however, that said bond, as continued hereby, shall be subject to ail its terms and conditions, except as herein modified, and that the liability of the said First indemnity of America insurance Company of Parsippany, New Jersey, under said bond and any and all continuations thereof shaJl in no event exceed in the aggregate the above named penalty and that this certificate shall not be valid unless signed by said principal. ~ 2000 Signed, sealed and dated this 2z~ day of b:OV~ER -, ~-~--~- ..-:--! (~¥--~---- - :'L~:' '~ ~2 ~7--~ ~'-':~:'~'~- .~:.~7 .. Witness: R. E, C , REALTY COMPANY Principal (Seal) REC REALTY CO. C/O ROBERT E. CUMMINS 18 ARLEIGH ROAD GREAT NECK, NY 11021 Tel # 516-829-9100 Fax # 516-829-9t06 November 22, 2000 Ms. Craig Turner Southold Planning Board Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971-0959 Re: Performance Guarantee for Richmond Shores, Peconic Bond # 621920 - First Indemnity of American Insurance Co. Dear Ms. Turner: I am pleased to enclose a Continuation Certification from the First Indemnity of American Insurance Company in reference to the above Bond. This Certification extends the guarantee from December 31, 2000 to December 31, 2001. Sincerely, Bob Cummins REC Realty Co. eno. BC: gw FIR..,T INDEMNITY OF AM-,'IICA INSURANCE COMPANY 119 Littleton Road Parsippany, New Jersey 07054 Telephone - (973) 402-1200 STATEMENT OF FINanCIAL CONDITION AS OF DECEMBER 31 BONDS ................................................ PREFERRED STOCKS ...................... $2,215,794.00 ............... $770,733.00 COP[NON STOCKS ........................................ $471,780.00 MORTGAGE LOANS ....................................... $1,628,371.00 REAL ESTATE .......................................... $2,621t425.00 CASH AND SHORT-TERM INVESTMENTS ...................... $1,646,871.00 OTHER INVESTED ASSETS ................................ $1,350,000.00 PREMIUMS IN COURSE OF COLLECTION (UNDER 90 DAYS) .... $1,503,843.00 REI~ISURANCE RECOVERABLE ON LOSS AND LAE PAYMENTS ..... $1,253,258.00 INTEREST AND DIVIDENDS RECEIVABLE .................... $26t225.00 CONTRACT MONEY RECEIVABLE ............................ $520,455.00 FUNDS HELD-PROFIT COP[MISSION ......................... $1,179,057.00 OTHER ASSETS ......................................... $947,428.00 , 1999 TOTAL ADMITTED ASSETS''~ ~ .............. $16,135,240.00 RESERVE FOR LOSSES AND LOSS EXPENSES ................. OTHER EXPENSES (EXCLUDING TAXES, LICENSES AND FEES).. TAXES, LICENSES AND FEES ............................. UNEA/~NED PREMIUMS .................................... FUNDS HELD UNDER REINSURANCE TREATIES ................ PROVISION FOR REINSURANCE ............................ AGGREGATE WRiTE-INS FOR LIABILITIES .................. TOTAL LIABILTTIES CAPITAL STOCK, PAID UP ............... $3,500,000.00 5~'ASSIGNED FUNDS (SURPLUS) ........... $1,553,986.00 SURPLUS AS REGARDS POLICYHOLDERS ................. ~... TOTAL LIABILITIES AND SURPLUS ........... $8,025,006.00 $50,000.00 $8,429.00 $2,642,052.00 $38,141.00 $17,628.00 $300,000.00 $11,081,256.00 $5,053,986.00 $16,135,242.00 I, John P. Teevan, Jr., Treasurer of First Indemnity of America Insurance Company, do hereby certify that the foregoing statement is a correct exhibit of the assets and surplus of the said company, on the 31st day of December, 1999, according to the best of my information, knowledge and belief. ' STATE OF NEW JERSEY) COUNTY OF MORRIS ) ss: Subscribed and sworn to, before me, a Notary Public of the State of New Jersey in the Township of Parsippany - Troy Hills this 7th day of June, 2000. ' ii ~.~-] Frances A. Frazza~, Notary Public ~: ~ My Commission EXpires May !0, 2002 F nST INDEMNITY OF AM'-RICA INSURANCE COMPANY 119 Littleton Road Parsippany, NJ 07054 Fax: (973) 402-0770 (973) 402-1200 CONTINUATION CERTIFICATION R. E. C. REALTY COMFAN¥ ,as Principal, and the First Indemnity of America Insurance Company, as Surety, in a certain bond, numbered 921920 , dated the 31 day of DECEMBER , 1987 , in the Penalty of THREE HUICDiLED TiIOUSAI~'D AN-D 00/100 Dollars ($ 3oo,ooo.oo ), in favor of TOWN OF SUFFOLK COUNTY , do hereby continue said bond in force for the further term of one year beginning on the 31st day of DECEMBER ,'2000 provided, however, that said bond, as continued hereby, shal-[b~..sub;ect to all its terms and conditions, except as herein modified, and that the liability of the said First Indemnity of America Insurance Company of Parsippany, New Jersey, under said bond and any and all continuations thereof shall in no event exceed in the aggregate the above named penalty and that this certificate shall not be valid unless signed by said principal. Signed, sealed and dated this 22nd day of NOVEMBER , 2000 Witness: / R. E . C . REALTY COMPANY Principal (Seal) first Indemnity of America Insurance Company SANDRA PHELAN, ATTORNEY IN FACT FIRoT INDEMNITY OF AMERICA INSURANCE COMPANY 119 Littleton Road Parsippany, New Jersey 07054 Telephone - (973) 402-1200 BOND NO. POWER OF ATTORNEY Know All Men By These Presents: That First Indemnity of America Insurance Company, a Corporation of the State of New Jersey does hereby appoint Sandra Phelan its true and lawful Attorney-in-Fact: to make, execute, sign, acknowledge, affix the Company Seal to, deliver any and ail surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as an act and deed of said Company. IN WITNESS W2ffEREOF, First Indemnity of America Insurance Company of the State of New Jersey has executed these presents this 19th day of November 1997. STATE OF NEW JERSEY ) COUNTY OF MORRIS ) ss: ~ch, Preside On tiffs 19th day of November, 1997, before me came the above named officer of First Indemnity of America Insurance Company of New Jersey, to me personally known to be the individual and officer described herein, and acknowledge that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of this office. Frances A. Fra~?an~'J ..... Notary Public State of New Jersey Term Expires May 10, 2002 CERTIFICATE Excerpts of Resolutions (Article V. Paragraph 5, of the By-Laws of said Company) adopted by the Board of Directors of the First Indemnity of America Insurance Company of the State of New Jersey, September 19, 1996. RESOLVED, that the President, or any one of the Vice-Presidents specially authorized to do so by the Board of Directors, or by the Executive Committee. shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Attorneys-in-Fact as the business of the company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and release and assignment of judgements, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require and to affix the Seal of the Company thereto. RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of AttOrney or certificate bearing such facsimile Signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizances or other contract of indemnity or writing obligatory in the nature thereof. I, Eamorm Long, Secretary of First indemnity o~ A~,~nc~ t,,sura,~c~ Company of New Jersey, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Directors of the Corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolution and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have herewith set my hand and affixed the seal of said Corporation this day of BOND NO. Eamonn Long--fy PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Craig Turner, Planner Upcoming Bond Expirations Summit Estates Phase I (SCTM it 1000-35-8-5.3) Richmond Shores (SCTM it 1000-86-1-(4.1-4.30)) November 17, 2000 The bond for Summit Estates will expire on December 7, 2000. We have had problems in the past with this developer submitting three-month extensions. This time, the Planning Board feels that a three-month extension would be appropriate. The developer has recently submitted a check to reopen the remaining sections of the subdivision. To complete these sections the developer must submit a Phase II bond. Since the remaining roadwork will not be done until the homes are built, the Planning Board would like to see the remaining requirements added to the Phase II bond, and the Phase I bond would be let go. Therefore, the Planning Board would recommend that the Town Board accept another short extension. This should provide enough time to prepare the Phase II bond. Also, since the remaining sections can be held from approval until the acceptance of a new bond, the existing bond should not need to be seized if the renewal fails to arrive. However, we do request that a resolution be placed on the Town Board agenda for the November 28 meeting that the bond should be seized if not received by noon of December 7. This will provide insurance in case a problem arises. The Richmond Shores bond expires on December 31, 2000. This developer has only recently begun constructing the road improvements for the subdivision. Please put this on the Town Board calendar for the December 28 meeting to seize the bond if not received by noon of December 31. PLANNING BOARD MEMBER~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGI2MNO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 CERTIFIED MAn, November 3, 2000 Robert E. Cummins REC Realty 18 Arleigh Road Crreat Neck, NY 11021 Performance Guarantee for Richmond Shores Bond #621920 from First Indemnity of American Insurance Co. SCTM # 1000-86-1-(4.1-4.30) Dear Mr. Cummins, The extension of the abovementioned bond is due to expire on December 31, 2000. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of the guarantee must be submitted before the expiration date. Due to the timing of the Town Board's meetings, if the extension of the guarantee is not received by December 21, 2000, there will be a resolution before the Town Board at its December 28, 2000 meeting to authorize the Town to draw on the bond if the extension is not received by noon of December 31, 2000. Please contact this office if you have any questions. Sincerely, Craig Turner Planner CC: First Indemnity of American Insurance Co. tt/29/9§ GLOBAL PLAhrb~ I ~G RFLC R. EALTY CO. I-t' & C AGENCY, INC. !010 NORTHERN BOULEVAt(ID P,O. BO~ 220~67 GREAT N~CK, NY 1'1022.0467 (5'16) ~2g-9I O0 ~'AX (5~ 6) 829-9106 t~ACSIMILE TRANSbIiTTAL $I-IEET GLOBAL PLANYlNG ICA iNSURANCE COM?ANY t 19 Lftt[eton Road Parsippany, NJ 0705~ F~x: (973) 402-0770 (973) 402-1200 CONTiNUATiON CERTiFiCATION ,,as PrJncJp~J, ~. E, C, t%F.~ZLTY COM~Ak;Y 2nd lhe Fh'~l ~nde~nJ~Y of AmerJc2 ~nsur2nce Compsny, as 5u~Vv~ in ~ c~Jn bond, , do her~y con~ hue said bond in force for the fu~her term of one year beginnin~ on the 3zs~ d~y o( DE~ ,1999 previded, however, that ~aid bond, as continued hereby, si~zi~ be subj~ to aJJ i~ terms and conditions, except a~ herein modKied, ~nd ~ha~ the ][abii[W of the sa~d First IndemniW of America Insurance Company of Parsippa~W, N~ Jersey, under said 'bond and any ~d continuations ~h~reof sh~JJ [n no even[ ~xceed in ~,e ~regate the ~ve nam~ penal~ and ~h~ this ce~ific~t~ sh~ J not be v~6 un~ss ~i~n~ by s~d princJp~h S~gneo, sealed and dated th s 22nd day of NOVE~ER 19 99 , C ,, g'.~LT~ COFZ'~Ai'~ Principal Fir$~demnity of ~,medca ' RECEIVED So~hol~ Tow. Oe~ REC REALTY CO. C/O ROBERT E. CUMMINS 18 ARLEIGH ROAD GREAT NECK, NY 11021 516-829-9100 November 29, 1999 Ms. Melissa Spiro Southold Planning Board Town Halt, 53095 Main Road Southold, New York 11971 Re: Performance Guarantee for Richmond Shores, Peconic Bond #621920 - First Indemnity of American Insurance Co. Dear Ms. Spiro: I am pleased to enclose a ContinuatiOn Certification from the First Indemnity of American Insurance Company in reference to the above Bond. This certification extends the guarantee from December 31, 1999 to December 31, 2000. Sincerely, Bob Cummins REC Realty Co. enc. BC: gw Southoid Town Ptanning Board iNDEMNI'I'Y OF AMERICA INSURANCE COMP, ,NY 11 9 Littleton Road Parsippany, NJ 07054 Fax: (973) 402-0770 (973) 402-1200 CONTINUATION CERTIFICATION A.E.C. AEALTY COMPANY ,as Principal, and the First Indemnity of America Insurance Company, as Surety, in a certain bond, numbered g21920 , dated the 31 day of DgCgM3gR ,1987 , in the penalty of TI{REE HUNDRED THOUSAND AND 00/100 Dollars ($ 300,000.00 ), in favor of TOW~ OF SUFFOLK / COUNTY , do here~y continue said bond in force for the further term of one year beginning on the 31st day of DECEMBER , 1999 provided, however, that said bond, as continued hereby, shall be subject to all its terms and conditions, except as herein modified, and that the liability of the said First Indemnity of America Insurance Company of Parsippany, New Jersey, under said bond and any and all continuations thereof sh~ll in no event exceed in the aggregate the above named penalty and that this certificate shall not be valid unless signed by said principal. Signed, sealed and dated this 22nd day of NOVEMBER , 19 99 Witness: REALTY COMPANY ///~J- ~ ~,..~_~..~;/'~..(Seal) Principal l=irs/t~demnity of America / SANDRA Pt{ELAN, ATTORNEY IN FACT PLANNING BOARD MEM]L BENNETT ORLOWSKI, gR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town ,Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL November 16, 1999 REC Realty c/o Robert E Cummins 18 Arleigh Rd. Great Neck, NY 11021 ~o insurance Coverage Provided DO not use fo~ International Ma~] {See ~everse) PA., State anti,Code Postage Re: Performance Guarantee for Richmond Shores, Peconlc ~o ISpecfai Delivery Fee Bond #621920 from First Indemnity of American Insura ~ ~ SCTM# 1000-86-1-(4.1 4.29) /Restricted Delivery Fee ~\/Return Rece pt Showing ~ /to Whom & Date Dear Mr. Cummins: ~ Return TOTAL ostag~ The extension of the above mentioned bond by First Indemni~ ~ ¢ I to expire on December 3L Z999. Since the improvements ha~ 4 ~o~t~,~ must extend the Cuarantee for at least another year. An extem ~ ~ "~' submi~ed to this office before the expiration date.. Due to the timing of the Town Board's meetings, i~ the extensio_ SENDER: · ~ · complete items 1 and/or 2 for additional services. '~ ·Complete items 3, 4a, and ~m · print your name and address on the re,,~rse of this form so that we can retum this ~.. card to you, m []Attach this fan-n to the front of the mailpiece, or on the back if space does not []Write Return Receipt Requested" on the maiipiece below the arlicle number. ·The Return Receipt will show tg whom the allicte was delivered and the date I also wish to receive the qsion is not received by following services (for an extra fee): ~ 1. [] Addressee's Address '[0ve. 2. [] Restricted Delivery u~ delivered. Consult postmaster for fee. 4a. Article Number 3. Article Addressed to: ~_ 13~ J~ 4b. Sewice Type fl ~ ~ Registered J5 ~( ~ ~' B Expre~ Mail ~t k~{dc, Nfl ,l oLt a Return Re~ipt ~erch~ .... 7. ~ate of Detive 5. R~eived By: (Print Name/ I ' and fee is aid) ~, Signore: (AOOre~ee ~onO 03/12/99 11:40 FAX 516 829 9106 ~G~BAL PLANNING F'RST INDEMNITY OF AM RICA INSURANCE COMPAN 119 Litfleton Road Parsippany, NJ 07054 Fax: (973-) 402-0770 (973) 402-1200 ~1001 CONTINUATION CERTIFICATION ~.g.c. I~AT.~ C0~I>AZ~Z _ ,as Principal, and the First Indemnity of America insurance Company, as Surety, in a certain bond, · ~ ~ ~Ce~ ~h~ , .~m~cd .-~g~L~ ..... -~ f Dece~er 1 g 87 , in the penalty of ?m~g t[Lrt~ ~O[~S~ ~ 00/100 Dollars ($ 300.000.00 ), in favor of /'oT~ or SUFFOLK CO~ ) , do hereby continue said bond in force for ~ 19 95 the further term of one year beginning on the 31~c day of- Decembe~c' , prov~ided, however, that said bond, as continued hereby, shall be subject, to alt its terms and con~Jifions, except as herein modified, and that the liability of the said First Indemnity of i. ^met,ca Insurance Company of Parsippany, New Jersey, under said bond and any and all coniinuations thereof shall in no event exceed in the aggregate the a~ove named penalty and thatlthis certificate shall not be valid unless si~ned by said principal. Sig~ed, sealed and dated this 19~h day of ~ANO~t¥ , 19 Witness: R. E. C . REAL/'[ COI, iEANY Principal (Seal) JUDITH T. TEllRY TOWN CT ,~,RK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 24, 1997 RHR Realty c/o Robert E. cummins 18 Arleigh Road Great Neck, New York 11021 Dear Mr. Cummins: Enclosed herewith is a certified resolution of the Southold Town Board, adopted on December. 23, 1997, authorizing the Town Attorney to draw upon your $300,000 performance bond if the continuance certificate is not .received by 4:00 p.m.,~ Monday, December 29, 1997. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Planning Board , JUDITH T. TERRY TOWN CLERK EEGISTILAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold; New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION I~AS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 23, 1997: WHEREAS, the Town Clerk has not received the Continuance Certificate for the $300,000 performance bond for major subdivision of Richmond Shores at Peconic, which bond expires on December 31, 1997; now, therefore, be it RESOLVED, that the Town Board hereby authorizes and directs the Town Attorney to draw upon the $300,000 First Indemnity of America Insurance Company Performance Bond if the continuance Certificate is not Fcceived by 4:00 p.m., Monday, December 29, 1997. Southoid Town Clerk December 24, 1997 Town I-IalI, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-3136 Telephone (516] 765-1938 CERTIFIED MAIL PLANNinG BOARD OFFICE TO~/~ OF SOUTHOLD November 6, t997 REC Realty c/o Robert E. Cummins 18 Arleigh Rd. Great Neck, NY 11021 Re: Performance Guarantee for Richmond Shores, Peconic Bond #621920 from First indemnity of America Insurance Co. SCTM# 1000-86-1-(4.1 - 4.29) Dear Ms. Bailey: The extension of the above mentioned bond by First Indemnity of America insurance Co. is due to expire on December 31, 1997. As was done in 1996, the Planning Board is requiring a written extension of the bond because non of the required improvements were installed or completed. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of December 22 1997, there will be a resolution before the Town Board at its December 23 1997 meeting to authorize the Town to draw on the bond if the extension is not received by Noon of December 30, 1997. Please contact this office if you have any questions regarding the above. Sincerely, Metissa Spiro ' --/ Planner cc: Judith T. Terry, Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS lS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 10, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to draw upon the .$300,000 Performance Bond posted as a guarantee by R.E.C. Realty Compnay for the Richmond Shores maior subdivision at Peconic, if the performance bond extension is not received by the Town Clerk by Noon of December 18, 1996. Judith T. Terry Southoid Town Clerk December 11, 1996 TOwn ~al], 53095 Main Road P.O. Box 1t79 $outhold, iYew York 11971 Fax (516) 765-3136 Telephone (516) 765-1935 CERTIFIED MAIL PLANNING BOARD OFFICE TOV~RV OF SOUTHOLD November 1, 1996 REC Realty c/o Robert E. Oummins 18 Arleigh Rd. Great Neck, NY 1102I Re: Perform ance Guarantee for Richmond Shores, Peconic Bond #621920 from First Indemnity of America Insurance Co. SCTM# t000-86-1. (4.1 - 4.29) Dear Mr. Cummins: /he extension of the above mentioned bond by First Indemnity of America Insurance Co. is due to expire on December 21, 1996. As was done in 1995, the Planning Board is requinng a written extension of the bond because none of the required improvements were instal/ed or completed. Due to the timing of the ]'own Board's meetings, if the extension is not received by Noon of December 9, 1996, there will be a resolution before the Town Board on December t0, to authorize the Town to draw on the bond if the extension ~s not received by Noon of Decem bet 18, 1996. Please contact this office if you have any questions regarding the above. Sincerely, /? / , -?/I / \ Me~issa Spiro Planner cc: Judith T. Terry, Town Clerk First Indemnity of America Insurance Co. Roberta L, Wood, K & C Agency FIRS i INDEMNITY OF AMERk. A INSURANCE COMPANY 119 Littleton Road Par$ippany, NJ 07054 Fax: (201) 402-0770 (201) 402-1200 CONTINUATION CERTIFICATION SOUTHOLO TOWN PLANNt!~G SCALD X/ ~., ~;. c, .;~LgAI,%7- ¢.O~i?.A~ ,as PrinciPal, and the First Indemnity of America Insurance Company, as SureW, in a certain'bond, numbered 62192o .,, dated the_ 31~..t . day of OE.Cg~gR . ,19 8] .., in the penalty of ~t~:~ ~8.g_~o ~T,l~usA,]).A.~ ._~,.'J ~.on_ Dollars ($ _39.0,.00o.0.0 . ..._), in favor of ~:__oxN OF,..SOUT.~OI,]O, _~ do he'reby continue said bond in force' for SUFFOLK COUNTY __ , the further term of one year beginning on the 30th day of pgCg~m~;R _, 19, ?5. provided, however, that said bond, as continued hereby, shall be subject to ~lJ its terms and conditions, except as herein modified, and that the liability of the said First Indemnity of America Insurance Company of Parsippany, New Jersey, under said bond and any and all continuations thereof shall it, no event exceed in the aggregate the above named penalty and that this certificate shall not be valid unless signed by said principal. Signed, sealed and dated this 2J,$t day of _ 9~..cg~. ..... ,19.9.5 . - Witness; ~...,F,,, C., REALTY COi'~ (Seal) Principal SURETY ACKNOWLEI)~EMENT On this ....... day of n the ymar before me persommIly comem JAHE. LYNCH and m~ym that h~ reside{ in ~h~ City o~ ~0~,~ the Corporation ~escribtd in and ~hteh ~x*cut~d th~ foresoing iu~r~enc; order of the Board of Director, of aaid Co~poration, and hi,, name ~hereto by like order. Acknowledgement) i'H{~,f.~CES A. FRAZZANO NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mat, I0, 1997 ~iRST INDEMNITY OF/",4ERICA INSURANCE COMPANY Liu, l~ Rc~ ~ipt~y, New ~ ~4 STATI~ OF N'~V ~g~y ) COUNTY OF ~OR.RI~) ~_: O~ t~ lO~t d~y of ~, I~M, befo~ ~ c~ Ihs ~ of New ~eaey, ~ ~ ,~ority of tt~ office. CERTIFICATE ~ F~ ~ of ~ ~ ~y of ~ ~ of N~ ~, ~ I~, INSURANCE COMPAN / 119 Little. ton Re~d P~pp~y, N~w !ev~y 0'/054 Tdephone - (201) STATEMENT OF FINANCI~LL CONDITION AS OF DECEMBER 31, 1994 PREFERREDBONDS ................. STOCKS ]'~ COMMON STOCKS ........................................ MORTGAGE LOA/~S RFJLL ESTATE .......................................... OTHER INVJ:STTLENTS .................................... CASE ON DEPOSIT PREMIUMS IN COLrRSE OF COLLECTION (UNDER 90 DAYS) .... INTEREST ;MD .DIVIDENDS RECEIVABLE .................... SHORT TRFd[ INVESTMENTS REINSURANCE P~COVERABLE ON LOSS PAYMENTS RECEIVABLE FROM P/tRENT, SUBSIDIARIES & AFFILIATES FEDERAL INCOME TA3( RECOVF2~JkBLE CONTRACT ~[ONEY RECEIVABLE REINSURANCE ASSUMED RECEIV~BLE $2,687;423.00 $764 $6,366 $1,779 $75S $521 $849 470.00 382.00 954.00 936.00 396.00 438.00 $696,333.00 $47,212.00 $1,449,217o00 $2~33~,595.00 83o0,0o0.oo $152,874.00 __il, 598 TOTb~L ADMITTED ASSETS RESERVE F()RLOSSES A~D LOSS EXPENSES UNEARNED PREMIUMS .................................... PAYABLE FOR SECLtRITIES .............................. PROVISION FOR LrNAU~HORIZED REINSURANCE ............... FUNDS HE~) UNDER REINSURANCE TREATIES ................ AMOUNTS WITHHELD OR RETAINED FOR ACCOUNT OF OTHERS... ACCRUED EXPF~SES ..................................... TOTAL LIABILITIES CAPITAL STOCK, PAID UP ............... $3,336,000.00 UNASSIGNED FUNDS (SURPLUS) ........... $5,6S4,757.00 SUP~LUS AS REG/tPdDS POLICYHOLDERS TOTAL $26,905,675.00 $7,294,911.00 $$,321,970.00 $3,487,868.00 $17,647.00 $350,099.00 $39~,466.00 $17,904,918.00 .___$..~000-757.00 LIABILITIES A/~D SUP~LUS ........... $26,905,675.00 I, John P. Teevan, Jr., Treasurer of First Indemnity of America Insurance Company, do hereby certify that the fo~ ~g~ng statement !~ a oorrect exhibit of the assets and surplus of the mai~. company, on the 31st day of Dece~er, 1994, according to the best of my lnfo~ation, knowledge, and belief. - STAT~ OF. N~ J~EY) ~hn P. Te,van, COUNTY OF MO~IS ) Jersey XD th~ May, 1995. -~- ,~. ~Franee~ A. F~e ' ~ary PU. -Zc - ' '~ ,.' My Co~ission Expire~ May 10~ 1997 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S, McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 1t97I Fax (516) 765-3136 Telephone (516) 765-1938 November 1, 1995 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAiL REC Realty ¢o Robert E. Cummins 18 Arleigh Rd. Great Neck, NY 11021 Re: Performance Guarantee for Richmond Shores, Peconic Bond ¢621920 from First Indemnity of Amedca Insurance Co. SCTM# 1000-86-1-(4.1 - 4.29) Dear Mr. Cummins: The extension of the above mentioned bond by First indemnity of America Insurance Co. is due to expire on December 29, 1995. As was done in 1994, the Planning Board is requiring a written extension of the bond because none of the required improvements were installed or completed. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of December 20, 1995, there will be a resolution before the Town Board on December 27 to authorize the Town to draw on the bond if the extension is not received by Noon of December 27, 1995. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner CC: Judith T. Terry, Town Clerk First Indemnity of America Insurance Co. Roberta L. Wood, K & C Agency FIRST INDEMNITY OF AMERICA iNSURANCE COMPANY 1160 Parsippany Boulevard Parsippany, NJ 07054 Fax: (201 ) 4024)770 I201) 402-I 2tX) CONTINUATION CERTIFICATE The Fi;t Indemmky of America Insurance Company (hereinafter called the Company) hereby continues in force its bond, numbered ~RED THOUSAND 00/100 R. E.C. REAL~ COb~Y ~0~.~ OF SOUTHO~, SUFFOLK COUNTY for the (~ea~ tem ~ing on the 30 DECEMBER 62I 920 , in the sum of T__ltR~[ .... Dollars ($ ..3. oo, ooo, oo) on behalf in favorof day of DECEMBER ....... ,19 94 , I9 ~5 subjecxtoalltbe eovenan~ and conditions of said bond, said bond and thi~ and all continuation:~ thereof being one continuous contract. ', Thi~ continuation i~ executed upon the express condition that the Company's liability under s~id bond and thb and all continuations thereof shall not be cumulative ~md shall in no event exceed thc s~m of m~RgE t!-UNDRED THOUSAND 00il00 Dolba~. (s 00,o00.00 ).. IN WITNESS WI'~EP,.EOF, the Company has caused this instrument to be si~ed by i~ officers proper for the purpose and its corporate sea! to be hereto afftxed this day of ~EC~ ,19 9~ . Principfl: Individual L.S. Individual Individual Firs~ Indersmi~). , of America Insurance) Company Sandra Phelan, Attorney in Fact SOUTHOLD TOWN BOARD DEC 23 '~4 i~:1~ FIA FtNAHCIA~- SERVICES :NDEMN TY OF A.AEB CA :NSUBANCE COMPANY ..........-- 1160 Pa~ip~y Boulevard Parsipp~y, New ~c~y 07054 ~ Telephone' - 4~-12~ (god BON~' NO. POWER OF ATTORNEY ~ ~ow~gc~ ~x ~ Co~y ~ ~,.deliver ~y ~d ali ~rety ~n~, ~de~iug~, r~:~, o~ ,m~y ~o w~mg~ obhgato~ m th~ na~ of a ~nd, for ~d on ~tf of ~id Co.ay ~d ~ ~E~$ ~OF, F}~ M~-Jty of 3~ l~u~ Comply of the S~te of ~ OF NEW J~Rgg. ) ~o~r of Fi~ ~ty of ~ 1~ ~y ~" F~ ~. " ' ~~ T~ Expi~ May I0. ~ by au~'~ty of ~is offi~. ~ CERTIFICATE ~ of R~}ufio~ (~_~cle V, P~g~ 5, of ~ ~y*~ of sald ~m~y) ~p~ by ~c ~td of ~ kn~niiy of~ I~ ~y of~ 5~ of New J~y, ~w~r 19. !~2. R~VED, ~t ~ P~id~t, or ~y or~ of ~ Vi~Pr~i~ s~i~ly aut~od~ to ~ ~ by ~e E~ ~VED, ~{ ~c si~u~ ~d ~tions of such offi~ ~ the ~ of ~ Comfy ~y ~ affix~ P~f Atlomey, or ~ ~y ~ifi~te ~lating to ~e Power of AttOrney hy f~si~le, ~d ~y ~ch Power of ~te ~6~g ~h i~si~le ~ig~ or f~i~le ~,t s~ll ~ va]id ~d binding u~n ~ ~y wi~ i~ ~t L~erai~ ~ t~a m~d co~t ~d tha~ ~th the Rc~,lutio~ ~d thc Powers 0f Attomcy are in full ~t. IN ~TNE~S WHEREOF, .1 h~ve herewith ~t m~ h~d ~d affix~ the ~! of ~id Co~tlan tRST INDEMNITY OF "MERICA ' INSURANCE COMPANY 1160 P~ipp~¥ ~evazd ,' ~, N~ Je~y ~0~4 Ta~ - (201) ~-12~ STAT~E~ENT OF FINANCIAL CONDITION AS OF DECEMBER ~ONDS ~o~ s~s ............. ~ ...... ESTATE ~ ON DE.SIT ....... , ............ ~ST ~D DiVID~DS ~CEIV~LE .... CEIV~ :~OM ADMITTED ASSETS ................... ~OVI~ION PO~~ UNAUTHORIZED REINSURANCE ............... ~S ~D %-~ND~R REINSURANCE ~TIES ................ ~S WX~F~ OR R~AIN~ FOR ACCO~ OF ~S... C~U~ ~SES.. ............. ...................... TOTA~L LIABILITIES TAL S~, PAID UP ....... . ........ $1,251,O00.00 PAID IN A/~D ~ONTRIBUTED S~LUS $1,198,931.00 ~SIGN~ ~S (S~LUS) .... ~ ...... $7,423,579.0'0 ~uUS ~ ~s ~cy~o~s ..................... TOTAL LIABILITIES AND SURPLUS ........... 1993- $?~4,478.00 $S~3,399.00 $2,2~e,4~o.oo $3~'~,694..00 $1,9~9,802.00 , $~,657.00 ~;12,'3~,776.00 $~%~,o~o.0o $~eo,0o0.oo $94~,691.00 ~;24;3'4~,029,00 $7,'~,911.00 $6,0~,9~3.00 $~,O2o.oo $~.,439.00 $2~t,:6O[.oo ~;14,49~, 5~9. O0 $24, ~, 029; 00 JOhn P. Teevan, Jr., Treasurer of First Indemnity~ of ~eri~ Insuranc, C~apany, do hereby certify that the foregoing statement is a~errect eZ~hibit of the assets and ~UrPl~s of the said company, on the 31st day o: ~Te~.r, 1993, according to the best of my information, know,ge, and ~ ri~ and swo~n to, ~fore me, a No,fy Public of the S~ of New ~r~ey in the To~shi~ of Par~ippany - ~oy Hiils, ~is 1st d~ of ~rch, 199'4. ~ My Commission E~tre~ May !~, 1997 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham. Jr. Bennett Odowski Jr. Mark S. McDonald Kenneth L. Edwards CEP~TIFIED MAIL November 2, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 P,~EC P,.ealty c/o l~obert E. Cummins 18 Arleigh Rd. Great Neck, NY 11021 Re: Performance Guarantee for l~ichmond Shores, Peconic Bond #621920 from Fkst Indemnity of America Insurance Co. SCTM#: 1000-86-1-(4.1 - 4.29) Dear Mr. Cumm/m: The two year extension of the above mentioned bond by First Indemnity of America Insurance Company is due to expire on December 29, 1994. As was done in 1992, the Planning Board is requiring a written extension of the bond because none of the required knprovements were installed or completed. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of December 26, 1994 there will be a resolution before the Town Board on December 27 to authorize the Town to draw on the bond if the extension is not received by Noon of December 28, 1994. If you have any questions, please contact the Planning Board Office. Sincerely,/¢~d~, Melissa Spiro cc: Judith T. Terry, Town Clerk First Indemnity of America Insurance Co. l~oberta L. Wood, K & C Agency July 14, 1994 AGENCY INC. moo Rockaway Avenue. RO.Box 59, Hewlett, NY 11557, 516-593-6060. FAX 516-593-6134 11971 MS. Judith Terry Southold Town Clerk Town Hall 53095 Main Road Southold, NY RE: REC Realty Company Rickmond--Shores-~Pe¢onio Dear Ms. Terry: Please have the records of the Planning Board, the Town and the Receiver of Taxes change the mailing address of REC Realty Company to : REC Realty Company c/o Robert E. Cummins 18 Arleigh Road Great Neck, New York 11021 Thank you for your help in this matter.. Very truly yours, HARVEY A. ARNOFF Town Attorney MATI'HEW G. KIERNAN Assistant Town Attorney TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Planning Board Matthew G. Kiernan, Assistant Town Attorney( December 30, 1992 SCOT'r L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Performance Bond Richmond Shores Annexed hereto, please find a continuation certificate extending the performance bond for the above-referenced subdivision to December 29, 1994. We expect to receive the original via mail in the next couple days. COMPA i 160 Parsipp~ny Boulevard P~rsipp~ny, NJ 07054 ~ 1 F~x'. I~0 ) 402-0770 [207) 402-1200 ~'~, INUATI.C~N CE~T. I F!CATE BOND #621920 h~b~ .... *~-~= in ~orce it's ~ ....... in the ~If of ..... · ~n favor of .... · for th~(~xt~) ta~ ~g~g on ~h~ .. ~Q~, - .day cf D~ER ~tzonz of s~d ~n~, said ~P~ ~} ~d aL~ ~ont~.uat~.o,~s th~f continuous contrac~, This ~'~"-~ .... ~ is "~'~ ..... ~he ~ss colic!on t~t the C~'s !lability ~ ~ ~i ~,~ions th~of s~!l not ~ ~j!a~ive ~a sPmll ~vent ~ ~ -' - ~_~ ~D~ ~JS~ 011 0 ................ ' ~ SL~ ~ its ' ~y of ............ ~ ~=~'~ ............................. RrfO~ IN F~ CERTIFICATE A~ia mt ~i~, to ~fFm ~ S~ of ~ C~Y L~. POWER CF ATTORNEY BONDS ............ · ..... ' ' ' ~-_.-?~.-..- ...-.~.-~;-- ::::::':':: :: ::: ::::: :::::1 CO~ON ~C''*= .................... ~ 'R~"~ L~2qS ............ ~=,---*--.---::: ;::1::: ::: ::::::: :: :::::: ~L~ OY ~~iON {~{D~ 90 DAYS) .... R~iNS~D~C~ R~C0%~L~ 0N LO~$ ~2~TS, ............ RECEIV)~LE ~O~ P~; ~um~D~-E$ & AFFILiATeS .... R=I'*~U~C~ AS~bi~ ~C~I%~L= .................. . . · · · RES~%VE FOR i~$SE~ ~lqD --LOSS EX~SES ................. ~.~N~D PR~I~S .................................... PAY~L~ FOR S~C~ITI~S... ........................... PROVISION FOR ~O~IZ~D 9~iNSU~%ANCE ............... H~LD FOR -- - ACC~U~=D EXPENSE~ ..................................... TOTAL LIABILITIES ....................... u,-.x~,~,~L STOCk. PAID ~.., ........... $1,2~1,000.00 GROSS PAiD iH ~D COb~iB~D Sb~LUS ~I, 198~ 931.00 b~ABS!~N~D ~DS {~Q~PLU~) ........... $8,655,295.00 $B,735~477.00 ~2,120,085.00 $2,033,059.00 $595,372.00 ~1,126~162.00 $2~233~146o00 $3,~29~388.00 $419~385.00 377,76S.00 990,400.00 .__ ~%1,13o.oo_ $26,488~102.00 $8,575~946.00 $5,265,980.00 684~251.00 759~243.00 $92~506,00 --_. $4,9~0.00 $15,382,876.00 $11~105,226.00 $26,488,102.00 Company, ~o ~aby c~r~{fY ~ha= %h~ foregoi~g ~tat~m~nt is~ a oorreot vh]~ o~ ~-a~ a~d ~Urpiu~ of ~h~ said oo~pany, on the 30th day of belief. '~orn to bafor~ ze, a'Notary Public of the State of New August, '1992. O My Commission Expires )~ay 10, 1997 ~ 1 1 60 Parsippany Boulevard Parsippany, NJ 07054 Fax: (201) 402-0770 (201) 402-1200 BOND #621920 CONTINUATION CERTIFICATE The.. ~.~.N~..~..~ .~..~..A~..~ .C~..I.N.~ ...C~....A~... (hereinafter called the~Company) hereby continues in force it's Bond No...~2~. ..... in the sum of. ~99~99g:99 ................ .~b~..UUb~PgF, JP..T~CpU~.A3~...A3~..QQ~QQ .......................... ~Doltm~s ($.~gP, PgP:Pgrr. rrrrT, on behalf of...~:~:~:...R~..~.q~ .............................................................. in favor of. TOWN OF SOUTHOLD, SUt'~OLK .C~...U~.. for the(extended) term beginning on the ..~Qt~ ...day of... p~..C~..~ ............ i'. ...... 197~,'.. and ending on the ......29~h...day of..........DECEMBE~.....19.......94 ..subject'to all the c~venants and conditions of said Bond, said bond and this and all continuations thereof being one continuous contract. This Continuation is executed upon the express condition that the Company's liability under said Bond and this and all continuations thereof shall not be cumulative and shall in n event exceed the sum of. THREE HUNDRED THOUSAND AND~/~00 Dollars ($.~OO,QOO,OO~rrr~.%~). IN WITNESS WHEREOF, the Conlmmny has caused this instzz~nent to be signed by its officers proper for the purpose and its corporate seal t6 be hereto affixed this 30 day of DECEMBER ~ ~ATTORNEY IN FACT FIR INDEMNITY OF INSURANCE COMPANY 1160 Parsipp~any Boulevard Pamippany, New Sersoy 07054 Telephone - (201) 402-1200 POWER OF ATTORNEY Know All Men By These Presents: That First Inden~ity of America Inauranee Company, a Corporation of the State of New Jersey does hereby appoint SANDRA PHELAN its true and lawful Attorney-in-Fact: to make, execute, sign, acknowledge, affix tho Company Seal to, deliver any and all surety bonds, unded~klngs, recogaizances, and other contracts of illclamnity and writings obligatory in tho nature of a bond, for and on behalf of said Com~ally and ss an act and deed of said'company. IN WITNESS WI~KEOF, First Indemnity of America Inmranco Company of tho State of Now Jersey has executed these presents this 1st day of Juna 1992. STATE OF NEW JERSEY ) COUNTY OF MORRIS ) ss: On this 1st day of June, 1992, before me came the above named officer of First Indemnity of America Insurance Company of New Sersoy, to mo personally known to bo tho individual and officer described herein, and acknowledge that ho executed tho' foregoing instrument and affixed tho seals of said corporations thereto by authority of this office. Notary Public State of New Jersey Term Expires May I0, 1997 'CERTIFICATE Excerpts of Resolutions (Article V, Paragraph 7, of tho By-Laws of said Company) adopted by the Board of Directors of tho First Indemnity of America Illsllrallco Company of tho State of Now Jeraey~ May 23, 1981. RESOLVED, that the President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Prasidents specially authorized so to do by the Board of D/rectors, or by tho Executive Committees, 8tlall have power, by and with tho concurrence of tho Secretary or any one of tho Assistant Secretaries, to appoint Resident Vice Presidents, Assistant Vice Presidents, Resident Assistant Secretaries and Attom°Ys-in-Fact ss tho business of tho company may require, or to authorize any.person or persons to execute on behalf of tho Company any bonds, undertakings, recog~iTances, stipulations policies, contracts, agreements, deeds, and relesso and assignment of judgements, decrees, mortgages and instruments in thc nature of mortgages, and aisc all other insW~ments and documents which the businesq of the Company may require and to affix the Seal of the Company thereto. RESOLVED, that the signatures and attestations of such officers and tho seal of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attemey or certificate bearing such facsimile signatures or facsimile seal shall bo valid and binding upon tho Company with respect to any bond, undertaking, recognizances or other contract of indemnity or writing obligatory in tho n:..mro. , thereof. ' I, Michael L Tully, Seci~tary of First Indenmity of America Insm'anco Company of New Jersey, do her~ ce.~lify that the foregoing excerpts of the Resolution adopted by the Board of Directors of tho Corporation and the Powers of Attorney thereto, ana co , and th,t both tho esoi tio, and the Power, or *.t r ey o.in and effect. IN WITNESS WHEREOF, I have herewith set my hand and affixed tho seal of said Corporation FIRST INDEMNITY OF AMERICA iNSURANCE COMPAN ¢ 1160 Parsippany Bo~evarcl Parsi~y, New Jersey ~054 ~ Tetepho~ - (201) 402-12~ STATEMENT OF FINANCIAL CONDITION AS OF JUNE 30, BONDS ............ ~' COMMON STOCKS ........................................ MORTGAGE LOANS ....................................... REAL ESTATE .......................................... CASH ON DEPOSIT ...................................... FUNDS HELD BY OR DEPOSITED WITH REINSURANCE COMPANIES PREMIUMS IN COURSE OF COLLECTION (UNDER 90 DAYS) .... INTEREST AND DIVIDENDS RECEIVABLE .... , ............... SHORT TERM INVESTMENTS ............................... REINSURANCE RECOVERABLE ON LOSS PAYMENTS ............. RECEIVABLE FROM PARENT, SUBSIDIARIES & AFFILIATES .... FEDERAL INCOME TAX RECOVERABLE ...... j.: .............. CONTRACT MONEY RECEIVABLE ............................ REINSURANCE ASSUMED RECEIVABLE ....................... OTHER RECEIVABLE ..................................... 1992 $8,735,477.00 $977,106.00 $2,120,085.00 $2,033,069.00 $595,372.00 $1,126,862.00 $425,741.00 $2,233,146.00 $27,712.00 $3,329,388.00 $1,652,323.00 $1,432,741.00 $419,385.00 $377,765.00 $990,400.00 $11t~530.00 TOTAL ADMITTED ASSETS ................... $26,488,102.00 RESERVE FOR LOSSES AND LOSS EXPENSES ................. $8,575,946.00 UNEARNED PREMIUMS ................... ................. $5,265,980.00 PAYABLE FOR SECURITIES .............................. $684,251.00 PROVISION FOR UNAUTHORIZED REINSURANCE ............... $759,243.00 FUNDS HELD FOR REINSURERS ............................ $92,506.00 ACCRUED EXPENSES ............ - ......................... $4t950.00 TOTAL LIABILITIES ....................... CAPITAL STOCK, PAID UP ............... $1,251,000.00 GROSS PAID IN AND CONTRIBUTED SURPLUS $1,198,931.00 UNASSIGNED FUNDS (SURPLUS) ........... $8,655,295.00 SURPLUS AS REGARDS POLICYHOLDERS ..................... TOTAL LIABILITIES AND SURPLUS ........... $15,382,876.00 $11t105~226.00 $26,488,102.00 I, John P. Teevan, Jr., TreasUrer of ~irst Indemnity of America Insurance Company, do hereby certify that the foregoing statement is a correct exhibit of the assets and surplus of the said company, on the 30th day of June, 1992, according to the best of my information, knowledge, and belief. STATE OF NEW JERSEY) COUNTY OF MORRIS ) ss: uP;erTeevan, J~' Subscribed and sworn to, before me, a Notary Public of the State of New Jersey in the Township of Parsippany - Troy Hills, this 17th day of August, 1992. Frances A. Frazzaff~, Notary Public My Commission Expires May 10, 1997 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 28, 1992 BY FAX ~. CERTIFIED MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert E. Cummins R.E.C. REalty Company K & C Agency, Inc. 70 East Sunrise Highway Valley Stream, New York 11561-1265 Re: Performance Guarantee Richmond Shores, Peconic Dear Mr. Cummins: Transmitted herewith is a certified resolution of the Southold Town Board authorizing the Town Attorney to take the necessary legal action to draw upon the performance bond for major subdivision ,Qf Richmond Shores, Peconic if the required extension of the bond is not received by December 29, 1992. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure CC: Town Attorney f Planning Board~~ First Indemnity - by fax & certified mail JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 22. 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to take the necessary legal action to draw upon the $300,000.00 First Indemnity of American Insurance Co. Performance Bond No. 621920 for major subdivision of Richmond Shores, Peconic, whereas the necessary improvements have not been installed, and the Planning Board has not received the required extension of the subdivision bond which expires on December 29, 1992. Terry Southold Town Clerk December 23. 1992 ENCY INC. 7o East Sunrise Hwy,, Valley Sfream, NY '1'158']-'1265, 5'16-825-7"177, FAX 5']6-825-0489 December 18, 1992 Mr. Bennett'Ortowski, Jr. Town of Southold Planning Board Office Town Hall, 53095 Main Road Southold, NY 11971 RE: Performance Guarantee for Richmond Shores, Peconic Bond #621920 from First Indemnity of America Ins. Co. Dear Mr. Orlowski: In response to your letter of December 1, 1992, I have been advised by the representatives of First Indemnity of America Insurance Company that they will issue a continuation certificate as was done in December 1990. However, due to vacations and the holidays, I cannot guarantee that you will receive it by December 29, 1992. The above reference bond dOeS'state that i~ Will "remain in full force and effect" untilthe improvements are completed to the satisfaction of the Southold Town Planning Board and the Town of Southold. I, therefore, request that your proposed resolution be extended an additional 30 days. Of course, if the extension is received prior to that, it will be mailed and/or faxed to you immed- iately. Thank you for your consideration in this matter. Very truly yours, Robert E. cummins R.E.C. Realty Co. Principal REC:vb Robert E. Cummins Co-Principal Robert E. Cummins K & C Agency, Inc. FA X C O,V~R L K T ? EB NO, OF PAGE:; ~ (INCLUDING THIS SHEET)- COMMENTS: December 15, 1992 Mrs Bennett Orlowski~ Jr. Town of Southold P~anning Board Office T~w~ Halls 53095 Main Road S~uthold~ NY 11971 ~on~ ~i920 fro~ ~ir~: in~e~Ity of A~u_erica In~. Co. Dear Mr. Orlowski: in r~sponse ~o you~ letter ~f Dec~mber 1~ 199~ I h~e been certificate a~ w~s ~n~ in -)~ce~r 1990. ~ow~v~r, ¢~e to v~¢atle~s and the hoiid~ys~ i cannot guarantee that you will r~ceive it by Deck, er 29, 1992. above ref~r~noe bon~ do ~ ~tate that it will "rez~ain in .~e ~o==~.~ .~- ~ou~no~ T~ Pla~i~g Board and the T~ of Southo!d~ ~ ~ ~t will be m~i!~d~.~na~o~- ~ax~ to you prior to ~h=~, igtely. Thank you fo~ yeu~ c~n~=_~tion in thi~ very truly yours, RObert E. C~ins R.E.C~ Realty Co. P~i?~ipai ~C,vb Robe~TM. ~.. C~%mins Ce-Pr ~ncipal Robert E. C~ins K & C Agency, Inc. TC TAL P. 02 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FROM: RE: Judith T. Terry, Town Clerk Bennett Orlowski, Jr., Chairman ~O~./~w¢ Performance Guarantee for Richmond Shores, Peconic Bond ~621920 from First Indemnity of America Insurance Co. DATE: December 21, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 SouthoI& New York 11971 Fax (516) 765-1823 As you know, the two-year extension of the above mentioned bond by First Indemnity of America Insurance Company is due to expire on December 29, 1992. As of this date, the improvements have not been installed and the Planning Board has not received a5 additional extension of the bond. The Planning Board has contacted Harvey Arnoff in reHard to this matter. He has advised that there be a resolution before the Town Board to authorize the Town to draw on the bond if the extension is not received by Noon on December 29, 1992. cc: Harvey A. Arnoff Robert E. Cummins PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765- 1938 CERTIFIED MAlL PLANNING BOARD OFFICE TOWN OF SO~THOLD ~ecemoer I; 1992 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (5t6) 765-1823 Robert E. Cummins Serena L. Cummins R.E.C. Realty Company c/o K & C Agency, Inc. 70 East Sunrise Highway Valley Stream, New York 11581-1265 RE: Performance Guarantee for Richmond Shores, Peconic Bond 9621920 from First Indemnity of America Insurance Company Dear Mr. Cummins and Ms. Cummins: The two-year extension of the above mentioned bond by First Indemnity of America Insurance Company is due to expire on December 29, 1992. As per a letter dated December 10, 1990 from Roberta L. Wood of K+C Agency Inc., we understand that the bond will not terminate on the date of expiration. However we would. appreciate the courtesy of receiving another extension note, as was done in December 1990. The Planning Board is requiring another written extension of the bond because none of the required improvements were installed or completed. Due to the timing o~ the Town Board's meeting, if the extension is not received by Noon of December 21, 1992, there will be a resolution before the Town Board at its December 22nd meeting to authorize the Town to draw on the bond if the extension is not received by Noon on December 29, 1992. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr~~ Chairman cc: First Indemnity of America Insurance Company Roberta L. Wood, K+C Agency Inc. Richard F. Lark, Esq. Harvey A. Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Judith T. Terry, Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 28. 1990: RESOLVED that the Town Board of the Town of Southold hereby authorizes and accepts the two year bond extension (Performance Bond #62192 in the amount of $300,000.00) for Richmond Shores/REC Realty Co., effective December 30, 1990 through December 29, 1992. T Terry -Jodith -T: ~ Southold Town C~FI~ ~7~ December 31, 1990 1991 December 10, 1990 Bennett Orlowski, Jr. Chairman Planning Board Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: Performance Guarantee for Richmond Shores, Peconic Bond #621920 - First Indemnity of America Insurance Co. Dear Chairman Orlowski, Jr.: I am enclosing a copy of the above mentioned bond highlighting the area of concern (3 years from December 31, 1987). This bOnd does not terminate on December 31, 1990, but becomes void~i only if R.E.C. Realty were to complete the improvements to the satisfacti6n of the Town of Southold by December 31, 1990; otherwise the bond remains in full force and effect. In any event, First Indemnity of America Insurance Company will prepare a 2 year extension which will be forwarded to you prior to December 31, 1990. Please advise if this is satisfactory. Very~ruly yours Roberta L. Woo RLW: hs Encl. FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, 4B RIDGEDALE AVENUE- EAST HANOVER. HEW JERSEY KN[~ AT,T, ~ BY .']F~-~, PI~SENTS, That We,R;E.C. EEALTY CO. % K & C A~ENCY, INC. 70 F~AST SUAq{ISE .HIGAS~AY, VATJ~~ STREAM, NA~ YOEK 11581-1265 as Principals ~nd EOBERT E. CU~INS & SEHENA L. CTB~ffNS as Co-Principals snd the FIBST IBIEMNIT~ OF AMERICA INSURANC~ CEZEDANY, a N¢~ Jersey ~brpo/-ation authorized to do business in the State of New York, hs%~ing ~n office smd u~ml place of business at 49 RI~f'~P/3AT~.. AV~E, E~ST _~..NOV~, h~--~~ JERSEY 07936 as ~ty, are held ~nd firefly bound .un~o the %~YNN OF SC~LD, SUFFOLK 0OUNTY, NEON JERSEY as Ob!igee, in 'the s~n of: THREE HUNDRED THOUSk~ & 00./10~ -$300,000.00 D01,LARS, la~ money of. the %hited States of America, for 'the paymenz whereof to the Obligee, the Principal and' Surety bind themselves, their heirs, executors, administrators, successors and assigns,, jointly and~seve _Cv by these presents. WHEREAS, the above named Principal hs~ agreed to ~ly with the terms, regulations and conditions of the Tf~N OF SOU~OLD, in connection with the completion of items shorn on Town ~ngineers Estimate dated APRIL 30, 1987 for subdivision of RICH~DND SHO~S AT PECONIC situated in 'the TC~N OF SOUIt~LD, S~ COUNTY, NEW YORK and in connection therewith the Obligee desires this bond be given; WHEREAS, the Cb-Principals h~ve a beneficial interest in said pmoject; N~, ~P~qE~ORE., ~ OC~DITIC~ OF ~I4IS CSLIGATION IS SUfI{, that if the Principal shall in comnection with the installation of said it~ns~9~~_~Estimate in RICe, fOND SHOB~.~ AT PECONIC within d~REE (3] vN fr~rn date hereof, ~ said ir~rovem~nts to be in accordmnce with the construction, specificatio~ ~N OF SOLFI~OLD, ali in conformance with the plot plsn approved by ~he SOLTFHCLD TO~N PIANN~G BOARD and t~3_the satisfaction of the TfY~N OF SOUTHOID, Zhen this obligation to be void; otherwise to r~nain in full force ~na eizecz. " NO party other tPmn the Cbligee sh~ll have any rights hereunder as against the Surety. The aggregate liability of the Surety on the bond obligation shall not exceed the stun the. ,reof for any cm~¢e or reason whatsoever. O0-PRINCIP;3.~: ~ ROBEKr E. C~,~INS ~ SERENA L.' CLiP, INS R.E.C. REALTY ENCY iNC. 7o East Sunrise Hwy., Valley Stream, NY '1i58i-i265, 5i6-825-7i 77, FAX 5'16-825-0489 December 26, 1990 Town of Southold Planning Board Office Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Attn: Mr. Bennett Orlowski, Jr. Re: Performance bond #621920 - Richmond Shores/REC Realty Co. Dear Mr. Orlowski: Enclosed pt~ease find the two year bond extension on the captioned bond, as requested in your letter of NoVember 21, 1990. A copy of the bond face was FAX'ed to your office this date. We trust the enclosed is satisfactory. Very ~uly yours, Roberta L. Wood RLW: hs Encl. FIRST INDEMNITY OF INSURANGE GOMPAI 1160 Parsippany Boulevan Pars ppany, N~ 0?054 Fax: (201) -102-0770 (201) 4£)2-1200 CONTINUATION CERTI F1CATE U ............................ ('. / · ~. ~.~9~.~ 00Z~00 ~ favor of..~.9F.~9~, .~q6~ .qq~ for the(extended) te~ ~ginning on the . .~Q2h...day of. conditions of said Bond, said bond and this and all contint continuous contract. This Continuation is executed upon the express condit under said Bond and this and all continuations thereof shal event exceed the sum. of...~.R~.E....H~...P~.D..THOUSAND AND 00/100- DoZlars ( s..39o., o.o.Q, o.o. 7-:-:-:~-:-:-:. .... ). IN WITNESS WHEREOF, the Cont3any has caused this instrun proper for the purpose and its corporate seal to be hereto affixed this...3.0.th ................. day of ............. .NO..VI~.ER .............................. .19 90 , fCA ) ./ ~S_A~D~A P~N ........ ATTORNEY IN FACT FIRST INDEMNITY OF AMERICA INSURANCE COMPANY 1160 Parsippa~y Boulevard Par.qppan~', N~ 07054 (201) 402-1200 BOND ~621920 CONTINUATION CERTIFICATE FIRST iND~P~ITY OF ~RiCA 1..N. FURANCE CO?~PANY (here~af~er cail~ the C~y) . ~. ~.~0U~ .~ .qq ~ ~qq:: ................. ~half o~ .... ~.g.C.. .... .~ ..... ~ ............................................................. ~ faro: of ......... '- ............................................................... fo~ tSe(extended) te~ ~g~nnSng on the . .~q~ · · .~ay of... ~'- ......... ~ ~90 .29th DEC~ER ~nd e~dLng on the ......... day of conditions of said ~nd, said bond e2~ this ~nd aL1 cont~n~tions thereof being one continuous contract. This Continuation ig executed upon the e×~press condition that the C~c%.any's liabili~- ~der-said ~d ~ this : ~ ~ ~ous~ ~ 00/~00 event exceed the sum of IN WIngS ~OF, the C~y ~s caused this inst~nt to ~ ~i~ed by its officer~ pro~ for the pu~se ~nd its co.rate sea! to ~ hereto aff~ this.. ~Q~b ............... ~ 19 90 ~y o~ .............~g ............................................................... / s~ 'A~Y 1N FA~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS SUpervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Certified Mail Return'Receipt Requested ~ober~ ~ cummins Serene L. Cummins R.E.C. Realty Company c/o K & C Agency, Inc. 70 East Sunrise Highway Valley Stream, New York November 21, 1990 11581-1265 Re: Performance Guarantee for Richmond Shores, Peconic Bond ~ 621920 from First Indemnity of America Insurance Company Dear Mr. Cummins and Ms. Cummins: The performance guarantee for "Richmand Shores" is due to expire on December 31, 1990. With this letter, we are requesting that the guarantee be extended for another two years. The extension must be received by 5 p.m. on December 10th, 1990. If an extension is not received by this date, a draft resolution to draw on the bond will be sent to the Town Board for action at its December llth meeting. 0 SENDER: Complete items 1 and 2 when additionaPservices are desired, and complete items 3 and 4, Put your address in the "RET~B~TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. Th~T, et~n receipt feewit/provide you the name of the person delivered to and the date of deliverv. For additional fees the following services are available, Consult ~oatmaster f~3r fees and check box(es) for additions&service(s) requested. 1. [] Show to whom delivered, date, and addressee's address. 2. [] Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4, Article' Number Robert Cumins/Serene Cummins P531 924 799 REC Realty Co, Type of S~rvice:' c/o K&C Agency, Inc. [] Registered [~] Insured 70 E o Sunrise Highway ~ Certified [] COD Valley Stream, NY 11581-1265 ~]ExeressMail ~]ReturnReceiat ~ for Merchandise Always oWCg. i~n signature of addressee ¢ or agent and DATE DELIVERED. ~. r~ig~lat'u¢ A ressee ..... 8. Addressee's Address (ONLYif '~' requested and fee paid) X PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT t this office. burs · pany RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICtlTER ENGINEERING INSPECTOR 734-5211 TO: FROM: SUBJECT: DATE: MEMORANDUM BENNETT ORLOWSI~I, JR. JAMES A. RICHTER ~ PERFORMANCE BOND ESTIMATE FOR RICHMOND SHORES AT PECONIC OCTOBER 31, 1990 As per your request, I have updated the above referenced Performance Bond Estimate. If you have any questions or commenns please do not hesitate to call. Eric. cc: file RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR RICHMOND SHORES AT PECONIC JAMES A. RICHTER ENGINEERING INSPECTOR 734-5211 OCTOBER 30, 1990 ITEM 9. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. QUANTITY 7 acre 5,200 c.y. 5,920 s.y. 3,800 1.f. 1,064 cons 822 tons 494 cons 5 ea. 3 ea. 711 1.f. 20 1.f. 2 ea. 675 1.f. 1 ea. 80 c.y. 95 ea. i00 ea. spec. SD-695 1 acre 8 ea. 42 ea. 1 ea. DESCRIPTION CLEARING & GRUBBING ROUGH GRADING / EXCAVATION (ROADS & RECHARGE BASIN) FINE GRADING CONCRETE CURB SURFACING: BASE COURSE (4" STONE BLEND) BINDER COURSE (2~" ASPHALT) WEARING COURSE (1~" ASPHALT) DRAINAGE: CATCH BASINS MANHOLES 18" DRAINAGE PIPE 24" DRAINAGE PIPE HEADWALL & APRON 6' VINYL CLAD C.L.F. 6' x 10' VINYL CLAD C.L.F. GATE PEDESTRIAN WALK STREET TREES PINE TREES (SCREEN PLANTING) RECHARGE BASIN PLANTING (TREES, SHRUBS & PLANTING) SEEDING STREET SIGNS CONCRETE MONUMENTS FIRE WELL UNIT PRICE S 2,000.00 5.00 1.00 10.00 20.00 55.00 55.00 2,000.00 2,500.00 25.-00 30.00 800.00 25.00 900.00 8.00 150.00 100.00 2,000.00 150.00 100.00 5,000.00 SUB-TOTAL 5% INSPECTION FEE TOTAL AMOUNT S 14,000.00 26,000.00 5,920.00 38,000.00 21,280.00 45,210.00 27,170.00 10,000.00 7,500.00 17,775.00 600.00 1,600.00 16,875.00 900.00 64O.00 14,250.00 i0,000.00 12,000.00 2,000.00 1,200.00 4,200.00 5,000.00 = $ 282,120.00 = $ 14,106.00 = $ 296,226.00 SHEET 1 OF 1 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: James Richter, Engineer Bennett Orlowski, Jr., Chairman~o.~¥'/~ Performance Bond Estimate for Richmond Shores, Peconic SCTM $ 1000-086-01-4.1 through 4.29 October 24, 1990 Please review the enclosed performance bond estimate and final road and drainage plans for Richmond Shores. Update the estimate and the inspection fee to reflect 1990 cost estimates. For your convenience, I have also enclosed a copy of the original estimate and the last update of same. The performance bond that was posted for this subdivision will expire on December 31, 1990. The Planning Board is going to request the posting of another bond for another two year period. If you could respond within a week, it would be appreciated. The developer has to be notified of the increase prior to the Planning Board's November 13th meeting. If you have any questions, please contact Valerie Scopaz of this office. Enc. cc: Raymond Jacobs, Highway Superintendent P.S. The enclosed map should be returned to Ray when you are finished. We borrowed this map because we do not have one in our files. PROFESSIONAL ENGINEER 1215 INLET LANE GREENPORT, N.Y. 11944 (516) 477-1652 A~ril 30, 1987 Mr. Bennett Orlowski, Jr. , Chairm~n ~outhold Town ?lanninM Board Main Road Southold, NY 11991 Re: Subdivision entitled" Richmond Shbres at Peconic. dated March 5, 1987 Gentlemen: My estimate for the roads and imrrovements at the above mentioned subdivision is as follows: Land clearing Rough Arading Fine grading Surfacing Curb~ Drainage none 1,200 cy a S 450C/cv 1,900 if ~ $ 2.0C/lf 1,900 if ~ S gO.OO/lf 3,800 If ~ S lO.00/lf Catch b~sins 5 ~ $ 1,£00.00 ~nhoies 5 ~ S 1,200.~0 ?iDe18" ~ 520 If S $ 2O.00/lf 2~" 20 If eS 25.00/lf Headwall 2 ¢ E 800.00 ea Recharge basin EXcavation ~,000 cy.? $ 5.0.0/cy , Pencing(commercial)~0/%~$ 20.00/if Curbs 18" 640 If ~ ~ 10.O0/lf Pedestrian walk 80 cv ~ ~ 8.00/cv ?lantin~s - Js~enese black r~ue 1~0 ~ S ~0.00 ea Trees 50 @ ~ 70.00 ea Seedin~ ! acre ~ $ ?,000/acre Signs } street,? stoe, 1 dead end $ 90.00 ea. Monuments h.2 ~ $ ~0.00 ea Fire well 1 Administrative costs Increase costs over ~ year rertod $ ~,800.00 3,800.00 76,000.00 38,000.00 6,000.00 3,600.00 10,a00.00 500.00 1~600.00 20,000.00 12,800.00 6,400.00 640.00 3,000.00 ~.5oo/oo 2,000.00 63o.oo 5,000.00 13,230.00 36,000.0.0 $ 250,000.00 Respectifully submitted, RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 -734-5211 June 1], ]987 Mr. Bennett O~lowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York ]1971 Re: Richmond'Shores at Peconic - Updated bond estimate and Final Road and Drainage Plan dated March 5, ]987 Dear Mr. Orlowski: I have reviewed the bond estimate and plan.s as follows: The bond estimate is acceptable although a few items, trees and a. firewell appear to be on the low side. Also, seeding which includes top§oil should be higher than $2000/acre. Other than the bond estimate, there is no drainage design criteria shown on the final plan. Suggest H. Young be contacted for this data which should include rainfall used, runoff coef- ficients, etc. that determined the size and capacity of the recharge basin. The typical road section (bottom of plan) should be noted as DWG No. SD-854. Notes (top of plan) 4. Show number of lots - 24 7. After "Specs & Details" add Dated July 30, ]985 RR.~)~/~f~e s p~t fu 11 y, __ ayr~nd L. Jaco s~/ Superintendent of Highways Highway Committee JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 119'71 TELEPHONE (516) 765-1801 August 26, 1987 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: The Southold Town Board, at their regular meeting held on August 25, 1987, adopted the following resolution with respect to major subdivision Richmond Shores at Peconic: RESOLVED that the Town Board of the Town of $outhold' hereby approves the increase from $125,000 to $300,000 for the performance bond for major subdivision Richmond Shores at Peconic, and hereby determines that an inspection fee on the differential, representing $10,000, shall be paid to the Town based upon the updated bond estimate. Very truly yours, Judith T, Terry Southold Town Clerk PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L, HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 October 15, 1990 Robert W. Brown Sidney B. Bowne & son 45 Manor Road Smithtown, New York 11787 Re: Updating Performance Bond for Richmond Shores, Peconic SCTM #1000-086-1 -4.1 to 1.30 Dear Mr. Brown: The performance bond estimate for the enclosed subdivision needs to be updated to 1990 prices. Please submit an estimate of what it will cost to update this bond. None of the work mentioned in the estimate has been started. Do not proceed with the update until you receive written authorization from this office. The update will be needed by the next Planning Board meeting on November 13th. If there are questions, please do not hesitate to call Valerie Scopaz or Melissa Spiro of this office. Very Truly Yours, Bennett Orlowski, Jr. ' ' Chairman Enc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L.~-HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O.Box 1179 Southold, New York 11971 Dear Mr. Orlowski, Jr., Re: SCTMNo. S.B. File No. It is estimated that the cost of reviewing the above-noted application as per your letter of , 19 should not exceed.$ No work in excess of that amount will be undertaken by this office unless so authorized by the Planning Board in writing. Please notify this office in writing if you wish us to undertake the review. Very Truly Yours, Southold Town Planning Board Facsimile Number: 765-1823 Robert W. Brown CO~JY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Ms. Valerie Scopaz Town of Southold Planning Board Office 53095 Main Road Southold, New York 11971 DAVID HARRIS, M.D,, M.P.H. COMMISSIONER )ctober 28, Re: Richmond Shores, SCTM # 1000-086-01-4.1 thru 4.29 1988 Dear Ms. Scopaz: Please be advised that the letter dated February 28, 1978 is the Board of Review determination. The subdivision is an approved subdivision by S.C. Department of Health. If you have any questions regarding the afore-mentioned, please feel free to contact the writer. cc: file Very truly yours Walter G. Lindley Bureau of Wastewater Management Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD October 13, 1988 T.C. Hoffman Region 10, Regional Traffic Eng. NYS Dept. of Transportation NYS office Building Veterans Memorial Highway Hauppauge, NY 11787 RE: Drainage easement on SCTM ~1000-86-1-4.29 & 4.27 and SCTM %1000-86-1-9 Dear Mr. Hoffman: It would be appreciated if your office could send me a copy of the terms of the drainage easement on the above noted parcel. Also, does the State own this easement, e.g. was it acquired by the State? jt Sincerely, Valerie Scopaz Town Planner SUFFOLK COUNTY WATER AUTHORIT~ Administrative Offices, OAKDALE, LONG ISLAND, NEW YORK 11769 Area Code 516-589-5200 WALTER C. HAZLITT, Exec~"~Ve D/rector October 3, 1988 Town of Southold Planning Dept. P.O. Box 1179 Southold, N.Y. 11971 Attention: Ms. Valerie Scopaz Town Planner Re: Approved Subdivisions Richmond Shores and Richmond Creek Farms, Peconic Dear Ms. Scopaz: I have had the Authority records researched, and there appears to be no record of an application either by the applicant or the Village of Greenport to extend water supply to the above indicated properties. Very truly yours, SUFFOLK CDUNTY WATER, AUTHORITY W. C. Hazlitt / Executive DirectOrY WCH:HCK:jw Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 76:5-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 3, 1988 Robert A. Villa SCDHS County Center Riverhead, NY 11901 RE: Richmond Shores SCTM ~1000-86-1-4.1 through 4.29 Dear Mr. Villa: I was reviewing the file for the above noted application, and I noticed that we do not have a copy of the Board of Review's February 22, 1978 determination. The enclosed letter references this determination which was subsequent to a February 2, 1978 hearing before the Cluster Review Committee. Would it be possible at %his late date to obtain a copy of that letter? Further, I am trying to determine if either Greenport Village or the applicant have an application before the SCDHS to ex~end public water to this subdivision. Any information you can share would be appreciated. Very truly yours, Valerie' Scopaz Town Planner cc: James A. Schondebare, Town Attorney jt FebruarY 28, 1978 YR. Robert E. C~m~ins R.E.C. Realty Company ¢/o K & C Agency Post Office Box 39 Valley Stream, New York 11582 Re: Richmond Shores at Peconic To~,~ of Southold Cluster Rewiew Conm~qtee Hearing Dear Mr. Cummins: At the hearing held on February 2, 1978, you had an opport~mltY to present your appeal of the department's ruling on the subject realty sub divis±ono In accordance with the ~ro~slons of Section 220 of Article 2 of · · ~ the ~ster .. - ~A~e %he determmna%mon o~ ~ , ', elk Co~mty Ss~m~ary ~ ~ ~ ~¢ w~lth services and Envmronmental t~ .Szff~ follo?m: ~+.±.ee of the Depar%men~ Control, f-~etioning as the Board of Re~eW~ ~s as ..... %hat qh~s reai~Y sju~vis~on Based on the informa'bion suo~%~em, su~d~x~sion mau be approved, prodding %he applic~ modifies the - ~nd~oaqe thaq at each b~lding s~te .a test v~ell must be ~nstal!ed s~pled. ~e waqer s~ple must meet current dr~ing water st~dards before a building peri% ~s ~ssued. Since the deqer~nation of ~he Board of Renew s-a~i%%ed %o ~he Co~Ss~oner's office on February 22, 1978~ has no~ been reversed or modified by h~m~ i% is therefore deened to be the deZer~nation of the Co~iss~oner · Ve~ tr~Y yo~s H.W. Da~ds, P.E. Chief ~gineer B~ea~ of ~¢ro~en~ Health ItI~D/gph Cc ~obert A. Villa, Aldo Lndreoli, P.E. Joseph Risso, P Joseph Baier, ?cE. ~dreW Yerman, P-~o ~/Southo!d To~>m p!ar~ning Dept. L~. Richard F. Lark JAMES A. SCHONDEBARE TOWN A'~fORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: REF: Chairman Orlowski, Town Planning Board/~w~ James A. Schondebare, Town Attorney July 29, 1988 Richmond Creek With regard to this project, I would respectfully suggest that the Board ascertain if the project is outside the Village Water Franchise area, and if so, doesn't the village need to petition the Town Board for an extension of the franchise? While we have not had an opportunity to research the matter, our initial position is that the Suffolk County Water Authority does not usurp the need for Town Board approval of a franchise extension. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) '/65-1938 Mrs. Vilma Marston P.O. Box 111 Peconic, NY 11958 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 7, 1988 RE: Richmond Creek Farms SCTM 01000-86-1-9. Richmond Shores SCTM 01000-86-1-4.1 through 4.29. Dear Mrs. Marston: The planning Board is in receipt of your correspondence pertaining to applications adjacent to Richmond Creek. Richmond Shores is an approved sub.division which was filed in the County Clerk's office in 1979. This subdivision is located on the southeast corner of State Route 25 and Indian Neck Lane. It consists of 24 lots of approximately half an acre in area that are clustered. Of the 27.082 acres, more than 10.5 acres are in open space, some of which lies between the Creek and the lots. Richmond Creek Farms is a pending application. The Planning Board issued a positiVe declaration on July 14, 1986; and a scoping session was held on August 4, 1986. In April of 1987 a draft Environmental Impact Statement was submitted to the Planning Board. However, it was determined that it was not complete. On November 13, 1987, Mr. Bowman notified the Town via its consult&nt, Mr. Emilita, that the DEIS was still being worked on, and that when completed, it would be fo~qarded. As of this writing, there has been no further correspondence from the applicant. The Planning Board office is still waiting for a completed DEIS to be submitted for review. This subdivision is located on the South side of State Route 25, from the intersection of Peconic Lane to the west. It abuts Wells Road to the South. It consists of 49.6 acres, of which 17 are proposed to remain in open space. Forty two half acre lots are proposed. Until the DEIS is submitted and deemed complete for public review and commentsr the application cannot proceed any further. There is evidience in our files that the applicant is trying to obtain water from the Village of Greenport. But, at this time, the Board has no information as to the status of those negotiations. If any new information comes to light it will be placed in the file as part of the public record. Thank you for your concern. I trust this answers your questions. Very truly yours, CHAIRMAN CC: Francis J. Murphy, Board of Trustees Supervisor POB //t., PEOONlC, L. I., N.Y. 11958 8eotemher 26 ~ Study Haturaily~ ~s %;oc,!d orefer land aoquis!tloR, but this process ,', ~,a ten thy, ~N ~ne ue~nti~ce, ~nasmuch ss Richmond Creek ~s threatened hy pro,acts that ~i!! have s serious impact on a critical environmental a~ea. it is felt that ~a in depth s%~dy is in order.. Than!.' you for your assistance in this Ratter~ PpeaiaeNt POB Ill.', PECONIC, h. I., N.Y. 11958 Mr. Bennett Orlowski, Jr. Chairman Planning Bdard Town of Southold, L.I., New York Re: Richmond. Shores, Northwest of Richmond Creek Pending land[ acquisition-- ~e the undersigned request an Environmental Impact S~ud ~ ~ y on thio project :a~ Richmond Creek is a critical environmental area. It is felt that thls project will have a serious impact on the creek, its fauna,-heSting ~rounds, shellfish, endan:ered s~oacies e · ~ on the'individual wells of thosewho now reside on the cree]c~ie~ ~ POB ///, PECONIC, L. I., N.Y. 11958 ..ir_. _ehn .... Crlo~}si.:i, "" PlanniNS Board leTM ~fO ?}{ ~ Pendin~ land acquisitioN--- . e the undersigned re%~[es~ s.n ~._.,~iPa~:_e/3al Impact Stu-.~ ~ . . pi'o joeL ab i!ichmond Creek is ~ cPitic~l environmental &re~. iL i_. felt that this project will have f< serious impac5 oL the creel{, ils faunag: nesting j. ro~ads, shellfish, endanagePed species feeli~'~S, ~.~ on the '~' ~- ' ~' ~ ~,.,:,' 1.~e_Vl~l nelts of those ~ho z{o~ ~e~lde ON the creek, ,( ii POB ///, PECONIC, L. I., N.Y. 1195{3 POB ///.', PECONIC, L. I., N.Y. 11958 POB ;//i.', PECONIC, h. I., N.Y. 11958 ndIn~~-an ilcnao.~'~d Creek .'e the ~dePsigned request an ~vironmental Impact Study on thi. s as Richmond Creekls a critical environ~_lental area. It is fe~t that this project ~,~il! have a serious impact on the creek, its fauna. gro~ds,.shellfish, endsmgered species feeding, and on the i~diviiual ~ells of those ~,~ho no~ reside on the creek and adjacent to the creek POB /// , PECON1C, h. 1., N.Y. 11958 Sevt ember 18, 1988 3 ,,, ~I~J~NNING BOARD i~e~ ~ir ~ re,et to s~ ,~n~,t h letter res}9onse from you to our many letters to you does not address the many ~ ssues that were brou~ht~ to yo~ o,~,~eention. %Te have followed all the details nhioh were ~zentloned in your letter. ?Te are aware of all of the facts mentioned and it was our organization ~%aich brought these issues to ~ro~P o.uI~oe. I~ fact, as ~o~.uem to you before, we are the }:,nee who ute;ed an ]iuvir-onmenta! Zmpaot Study on Rioh~2d Creek Fe~is. We were pert of the Soaping Session, To Repeat--- 1o our letters have not been answerers. ,~ }~s st~teo ea~, ~_e~a were lr~e6, i,}!ar~uzes .... ~ ......... ~+~ "~ .... ~ ' es. ~io~m~nd Creek has been ~eolared a c~tto~i enviwo~jzT, e~__.are~ l~m~?aot Study which shool~ lmave bgen initiated by yo~ office originally. As stated in a letter to you several weeks ago~ we have i00 plus signatures requesting an in depth em~zzrorEaental study o% Ricbm~ond Shores as we urged for Ric]~ond Creek There is legal justification for our reqjgest. ''-dl-? recuest that our~. ?fa hope to hear from you soon and _~i~ .y ~ ~ ~,te~-es be read and alt issues adS_~essed. ~ ~ Thank you for .~o-~ assistance in the ~tter. ~ /3 ..... ~ %V_lma Louise }.Ee~Z~on CC: ~.~r'~,b mox-~ Board~ Trustees SOUTHOLD TOWN ~L~,NNING BOARD Honorable 2. 0Ploz?ski, Jr., Chair~nan Southold. To~ Plannins i!oard To~:n Hall ~iaiP_ _:'.0 ad ~ '~-~" ~'~ - ~ 11971 n/n c? Nich~.ond C-~eeP September 7, 1988 Walter C. Hazlitt, Executive Director Suffolk County Water Authority Sunrise Highway at Pond Road Oakdale, New York 11769 RE: Approved subdivision of Richmond Shores at SC~ ~i00-86-1-4.1 through 4.29. Peconic, New York. Proposed subdivision of Richmond Creek Farms at SCTM 91000-86-1-9. Peconic, New York. Dear Mr. Hazlitt: With regard to the above-noted subdivisions, the Planning Board staff is attempting to update its flies. Is the Suffolk County Water Authority in receipt of an application by either applicant or the Village of Greenport to extend water supplies to these properties? If so, what is the status of this application? Thank you for your assistance Sincerely ~ Valerie Scopaz Town Planner cc: James A. Schondebare, Town Attorney Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765~I938 Mrs. Vilma Marston P.O. Box 111 Peconic, NY 11958 PLANNING BOARD OFFICE TO¥~N OF SOUTHOLD September 7, 1988 RE: Richmond Creek Farms SCTM 01000-86-1-9. Richmond Shores SCTM ~1000-86-1-4.1 through 4.29. Dear Mrs. Marston: The planning Board is in receipt of your correspondence pertaining to applications adjacent to Richmond Creek. Richmond Shores is an approved sub.division which was filed in the County Clerk's office in 1979. This subdivision is located on the southeast corner of State Route 25 and Indian Neck Lane. It consists of 24 lots of approximately half an acre in area that are clustered, of the 27.082 acres, more than 10.5 acres are in open space, some of which lies between the Greek and the lots. Richmond Creek Farms is a pending application. The Planning Board issued a positive declaration on July 14, 1986; and a scoping session was held on August 4, 1986. In April of 1987 a draft Environmental Impact Statement was submitted to the Planning Board. However, it was determined that it was not complete. On November 13, 1987, Mr. Bowman notified the Town via its consultant, Mr. Emilita, that the DEIS was still being worked on, and that when completed, it would be forwarded. As of this writing, there has been no further correspondence from the applicant. The Planning Board office is still waiting for a completed DEIS to be submitted for review. This subdivision is located on the South side of State Route 25, from the intersection of Peconic Lane to the west. It abuts Wells Road to the .~Quth. It consists of 49.6 acres, of which 17 are proposed to remain in open space. Forty two half acre lots are proposed. Until the DEIS is submitted and deemed complete for public review and comments, the application cannot proceed any further. There is evidience in our files that the applicant is trying to obtain water from the Village of Greenport. But, at this time, the Board has no information as to the status of those negotiations. If any new information comes to light it will be placed in the file as part of the public record. Thank you for your concern. I trust this answers your questions. Very truly yours, CHAIRMAN cc: Francis J. Murphy, Supervisor Board of Trustees jt FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 13, '1988 REGISTERED MAIL RETURN RECEIPT REQUESTED Commissioner Thomas C. Jorling New York State D.E.C. 50 Wolf Road Albany, New York 12233 Re: Richmond Creek, Southold C.E.A. Designation Dear Commissioner Jorling: Pursuant to Section 617.4 (J) (1-4) of the New York State Environmental Quality Review~ the Southold Town Board of Trustees, as Lead Agency, have designated the attached Tidal Wetland and underwater land, within our jurisdiction, as a Critical Environmental Area. This land is wholly within the Town of Southold and is unanimously designated for Critical Area Designation by the Board. This designation, in part or whole, is further supported as Significant Coastal Fish and Wildlife Habitat's in Southold. Please refer to the attached documentation for a detailed description regarding the location of same. FAK:ip Attachments cc: Louise Harrison, S.C.D.H.S. Steve Costa Very truly yours, ~'Frank A. K~jawski, Jr., Pres. Board of ~own Trustees New York State Dept. of State (Registered Mail) U. S. Army Corps of Engineers Town Board, Planning Board, Board of Appeals, Bldg. Dept., Conservation Advisory Council Harold Berger, D.E.C., Stony Brook Vilma Louise Marston, Pres., Water, Land, Wildlife Protection Group FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SItIITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 August 25, ~988 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES DURING THEIR REGULAR MEETING HELD ON AUGUST 25, 1988: Moved by Trustee Smith seconded by Trustee Krupski WHEREAS~ the Southold Town Trustees have held a public hearing pursuant to 617.4 (J) 1 thru 4, of the State Environmental Quality Review Act, and WHEREAS~ our public trust and historic role as Patentees is strengthened by the State Environmental Quality Review Act and our ability to protect Environmentally sensitive areas, and WHEREAS, the Southold Town Trustees, Conservation Advisory Councii~ and Town Board Members have contributed to New York States Significant Coastal Fish and Wildlife Habitat Program highlighting the reasons designating areas of State Significance for Fish and Wildlife in Southold Town, NOWi THEREFORE BE IT KNOWN that the Southold Town Trustees approve, ratify, and confirm Critical Area Designation (CEA) pursuant to the State Environmental Quality Review Act · (S.E.Q.R.A.) (Part 617.4 (J) 1 - 4 NYCRR, for all Trustee Lands in Richmond Creek, below mean high water or portions of the creek as described in the New York State Department of State Significant Habitats Program and or by County Tax Map designation thereto annexed and for all lands 75' landward of mhw on undeveloped land. Such designations shall in no way affect the- largely ministerial function of issuing permits or renewal permits for boat moorings on or over town bottom nor affect the usual or ordinary activities of aquaculture, fishing, hunting, navigation, and mariculture provided such activities are lawful and structures installed for said purposes are temporary (less than one year) in nature. The foregoing shall become effective 30 days after filing in the office of the Commissioner of the New York State D.E.C. pursuant to S.E.Q.R.A. Vote of Board: Ayes: Trustee Krupski, Trustee Bednoski, Trustee Kujawski, Trustee Smith, Trustee Bredemeyer This resolution was declared duly adopted. JUDITH T. TERRY IOWN CLERK REGISTRAROI VIrALSFATISTIC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 29, 1987: RESOLVED that the Town Board of the Town of Southold hereby goes on record in support of the Board of Town Trustees' designatior~ of Critical Environmental Areas within the Town of Southold, and requestsa that the Town Trustees create a map depicting the designated areas. ~' Judith T. Terry · Southold Town Clerk January 5, 1988 CRITICAL ENVIRONMENTAL AREA WITHIN THE TOWN OF SOUTHOLD NOTICE IS HEREBY GIVEN q~IAT A PUBLIC HEARLNG WILL BE HELD BY ~g'"~OWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, ON THURSDAY, AUGUST 25, 1988 !TY) COMMENCE AT 7:45 REGARDING A CRITICAL ENVI- RONMENTAL AREA WITIEN THE iTOWN OF SOUTHOLD FOR DES- IGNATION BY THE TOWN :TRUSTEES. ~ RICH~.OND CfiEEK AND BEACl~:?Richmond Creek and Beach is located just west of Gmat ,Hog Neck with an inlet into Little Peconic Bay, Town of Sonthold, Suffolk County ~.4' Quadrangle: Southold, New york.) '1~¢ fish and wildlife habitat is approximately !35 ,acres in size consisting of a sand peninsula, salt marsh, and tidal crock. Them is moderate resi- dential development along the borders of the creek, portions of which have been dredged and bulkheaded. Much of the creek is lined with Spa~tina ahernit']ora. The crock itself rands tO.be fairly buddy. ~ THE PUBLIC IS INYrr~/D TO COMMENT AND PARTICIPATE :AT THE PUBLIC HFAPdNG-WH[CH WILL BE HELD ON THE DESIG- NATION OF THE ABOVE PRO- ! POSED HABITAT AREA. i Dated: August 1. 198 Frank A. Kujawski, Jr., ProS. Board of Town Trustees 6031,1TAI~ .~ ~_ STATE OF NEW YOR~ }SS: COUNTY OF SUFFOLK} ChrJ~tJn~ Pnne~o ofMattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck~ in the Town of Southoid, County of - Suffolk and Strafe of New York, and that the Notice of which the annexed is a printed copy, Ks been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 1t day of August 19 88 Principal Clerk Sworn to b oeUVre me this PUBLIC HEARING CRITICAL ENVIRONMENTAL AREA WITHIN THE TOWN OF SOUTHOLD :NOTICE IS HEREBY GIVEN THAT A PUBLIC · HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, . AT. THE SOUTHOLD TOWN HALL, · MAIN ROAD, SOUTHOLD, NEW YORK, ON THURS- DAY, AUGUST 25, 1988, TO COMMENCE AT 7:45 P.M. REGARDING A CRITICAL ENVIRONMENTAL AREA WITHIN THE TOWN OF SOUTHOLD FOR DESIGNAc TION BY THE TOWN TRUSTEES. RICHMOND CREEK AND- BEACH: Richmond Creek and Beach is located just west of Great Hog Neck with an inlet into Little Peconic Bay, Town of Southold, Suffolk County (7.5' Quadrangle: Southold, New York.) The fish and wildlife habitat is approximately 135 acres in size consisting of a sand peninsula, salt marsh and tidal creek. There is moderate residential development along" the borders: of the creek, por- tions of which have been dredg- ed and bulkheaded. Much of the creek is lined with Spartina alterniflorm The creek itself tends to be fairly muddy. THE PUBLIC IS INVITED TO COMMENT AND PAR- TICIPATE AT THE PUBLIC HEAR1NG WHICH WILL BE HELD ON THE DESIGNA- TION OF THE ABOVE PRO- POSED HABITAT AREA. Dated: August 1, 1988 Frank A. Kujawski, Jr., Pres Board of Town Trustees IT~8/I 1/88(27) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .......... ..~. .......... ./... weeks successively, commencing on the .......... .</~..~. ~ .... d ay o~A~-x.~,~~'~ .... 1 9..J~..~.'.' ~ Sworn to before me this ......... ././. ........ ~ . . . day of ...... ....... Notary Public BARBARA FORBES Notary Public, State of New York No. 4~06~46 Qualified in Suffolk County Commission Expire~ .~-~/ 19 ~f~ ***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT*** ,PRO~T DESCRIPTIO~ RICHMOND CREEK AND BEACH LOCATION AND DESCRIPTION OF HABITAT: Richmond Creek and Beach is located just west of Great Hog Neck with an inlet into Little Peconic Bay, Town of Southold, Suffolk County (7.5' Quadrangle: Southold, N.Y.). The fish and wildlife. habitat is approximately 135 acres in size consisting of a sand peninsula, salt marsh, and tidal creek. There is moderate residential development along the borders of the creek, portions of which have been dredged and bulkheaded. Much of the creek is lined by ~ alternifora. The c~eek itself tends to be fairly muddy. FISH AND WILDLIFE VALUES: The creek/beach/marsh ecosystem at Richmond Creek is similar to other creeks in the area but serves as an important habitat to several vulnerable- wildlife species. Diamondback terrapin (SC) nest on the beach. The tidal creek and salt marshes provide feeding areas and cover for terrapins during this period (April - July). The beach has also been a nesting area for least terns (E) and piping plover (T) but the colony was inactive in 1983 except for one pair of piping plover. The site was inactive in 1984 and 1985. Further documentation is needed on the importance of this beach to the nesting shorebirds. The creek supports populations of overwintering black duck and mallard but the extent of use by these species is not documented. Richmond Creek is also a productive habitat for finfish, shellfish and crustaceans including blue claw crabs, clams and scal!ops. The creek is one of the top two creeks for crabbing in the town and is also important for clamming. IM. PACT ASSESSMENT: Diamondback terrapin inhabiting the barrier beaches of Long Island are vulnerable to disturbance by humans from mid-April through July. Sianificant pedestrian traffic or recreational ve?~]~ use c.,? AJ¢:hr~o~d Creek Deach could easily eliminate the '~e~t~r~'~~-~ ~e3~pin population and should be minimized. Nesting shore b~rc!~, if present, would also be vulnerable tc hun~an ¢~/sturbsnce. Fencinc and/or annual postin9 of the area should be provided to help p~otect the terrrapin and nestincj bird species. Unregulated dredge spoil disposal in this area would be detrimental but sbch activities may be designed to maintain or improve the habitat, by se~t~ · ~n~ back vegetative succession. Elimination. of sa]t vegetation, through landfilling, dredge spoil disposal or excavation would result in a direct loss of habitat area. Any activity that would substantially degrade the water quality of Richmond Creek would adversely affect the biological productivity of this area. All species of fish and wildlife are affected by water pollution, such as chemical contamination (including food chain effects), oil spills, excessive turbidity and waste disposal. Alterations of tidal patterns in the marsh (e~g. by modifying the inlet) could have major impacts on the fish and wildlife species present. Barriers to fish migration, whether physical or chemical would have a major impact on the fisheries in Richmond Creek. KNOWLEDGEABLE CONTACTS: Tom Hart or Andrew Milliken N.Y.S. Department of State Division of Coastal Resources & Waterfront Revitalization 162 Washington Avenue Albany, NY 12231 Phone: (518) 474-3642 Harry Knoch, Wildlife Manager or Louise Harrison, Environmental Protection Biologist NYSDEC - Region 1 Building 40, SUNY Stony Brook, New York 11790 NYSDEC - Significant Habitat Unit Wildlife Resources Center Delmar~ New York 12054 Phone: (518) 439-7486 Paul Stoutenburgh or Martin Garrell Town of Southold Town }{all, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Phone: (516) 765-1801 Ralph Condit 46-A Pine tree Road Cutchogue, ~ew York 11935 Phone: (516) 734-5547 COASTAL FISH & WILDLIFE HABITAT RATING FORM Name of Area: Richmond Creek and Beach County(ies): Suffolk Town(s): Southold 7.5' Quadrangle(s): Southold, New York (IS) (R) · (ISxR) Individual Replace- Final Score ability Score ECOSYSTEM RARITY (ER): Tidal creek, undeveloped sand peninsula, and.salt marsh unusual in Suffolk County, but rarity diminished by dredging and development along the creek. Geometric mean: -7-Z~= 0. SPECIES VULNERABILITY (SV): 14 x Confirmed diamondback terrapin (SC) nesting. Least tern (E) and piping plover (T) have nested in the area, but colony was inactive in 1983 (one pair of pp) and 1984/1985 (neither species present). Importance of the area not adequately documented. HUMAN USE (HU): Crabbing and clamming of local importance. x 1.0 = 0.0 POPULATION LEVEL (PL): No unusual concentrations of any fish or wildlife species occur in in the area. 1.0 = 16~0 0 x 1.0 = 0.0 0 x 1.0 = 0.0 REPLACEABILITY (R): 1.0 Uncertain of ability to replace. SIGNIFICA!.;CE = [(ERxR) + (SVxR) + (HUxR) + (PLxR)] = 16.0 Fog Neck Bay 24. 17. 2 430 OOO 22 LITTLE Quad: Southold, NY Area Name: Richmond Creek Habitat Boundary: Page 1 of 1 25' SCALE POB' /i/, PECONIC, L. I., N.Y. 11958 Honorable Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, NY 11971 July 25, 1988 Dear Honorable Orlowski: RE: Richmond Shores and Richmond Creek Farms Associates Richmond, Creek is a significant fish and Wildlife habitat; feeding ground for endangered species; and a state certified shell fish creek. When the two developments (approximately eighty houses and garages to accommodate three cars each), become a reality, there will be serious impacts on the creek. In order to minimize contamination and pollution of Richmond Creek, there should be covenants and restrictions against any new docks, moorings, and ramps on Richmond Creek. Please let us hear from you. Very truly yours, Vilma Louise Marston President VLM:klc cc: Hon. Francis J. Murphy and Town Board POB /1/, PECONIC, L. I., N.Y. 11958 Honorable Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Honorable Orlowski: July 25, 1988 RE: Richmond Shores N/W on Richmond Creek, Peconic Although plans have been approved, we request that an environmental impact study be required in conjunction with this development. There are irregularities connected with this project. (See letter to Town Board attached.) These irregularities have never been addressed. In addition, we are requesting answers to the following questions: Was there a feasibility study for the obtaining of water to serv'e this project? May we see the results of the feasibility study? How much buffer area are the developers proposing along the Richmond Creek Shoreline? Where will this buffer area be measured from and how will it be maintained? Will there be septic tanks? Will designs meet SCDHS criteria regarding depth to groundwater? What are the turf limitations? How will stormwater and runoff be managed? How will significant vegetative communities be preserved? Are there any areas of archaeological significance? How will these areas be preserved? This project will affect the ecological makeup of the Peconic. Hamlet. In addition, with increased boating there will be a likelihood of more erosion, destruction of fauna and vegetation. There will be an impact on migrating birds which use the water, wetlands and surrounding area to rest and feed. Thank you for your consideration of this matter. Please -let us hear from you as soon as possible. VLM:klc Enc. Very truly yours, V~lma Louise Marston President July 19, 1988 Mr. Francis J. Murphy, Supervisor and Council Members Southold Town Board Main Road Southold, NY 11971 Honorable Murphy and Council Members: RE: An Additional Major Sub-Division Development Richmond Shores on RichmOnd Creek, Peconic There have been many letters written on Richmond Creek Farms Development -on the Northeast side of Richmond Creek. We requested an Environmental Impact Study which is still in progress. Now we discover that plans were approved for a major sub-division on the Northwest side of Richmond Creek. This project is called RICHMOND SHORES. The unfortunate part of this development, for which there is no~ impact study, is that in 1970 the creek was extended illegally and waterfront lots were created by' this irregularity. (See letters attached.) Both Richmond Shores and Richmond Creek Farms Associates will benefit by this extension of the creek. We have maps from the Corps of Engineers showing the creek before the illegal dredging and deep scooping and after for which there was no authorization from the Corps or the Town. Richmond Shores will be allowed up to three cars per family and there will be a probability of additional docks, boat ramps, more run off, etc., on the extended-part of the creek which will affect this entire creek. Richmond Shores has left 2.8 acres close to the water for a recreational area that may be a launching site for boats. Richmond Creek is a certified shell fish creek and migratory route for all types of birds. In addition, it is a feeding ground for the endangered species, the osprey and least tern. We must stress the damage which will occur with not one project but now two projects both of which will be located adjacent to a water body which was extended illegally. Please let us hear from you as to a possible mo'ratorium on building so that we will all have time to study the Richmond Shores Project. Very truly y~urs, VLM:klc Vilma Louise Marston President February 5, 1970 Laurel Resources corporation c/o Ed%~ard J. Hanson 515 Rockaway Ave. Valley Stream, N.Y. 11561 Dear Mr. Hanson; 5n answer to your letter of January 30, 1970, the' Southold Town Planning Board does not look %~ith favor on opening up either upland or salt marsh to s~lt ~,~atere ~nis is why your violation is so important. You have already d~.maged this area very materia!y and every day you continue makes t~e m~tter %,;orse. we ~ould suggest that you stop your contractor im_~ediate!y and then consider replacing the land in its original condition. Very sincerely, JOhn ,~ mc~'cham, Chairm~n Southo!d To~n Planning Board January 30, 1970 515 ROCKAWAY AVENUE, VALLEY STREAM, N.Y. 11581 · 5}6-825-7177 212-657-1070 GEORGE J. CRISONA · EDWARD J. HANSON RALPH CARR, OfiTce Manager Southold Town Planning Board Southold, L.I.i, NiY- II971 Attention: ~lr. John Wickham, Chairman Southold Town Planning Board Re: Laurel Resources 0OPp. Dear ~r. We have your letter of January 9.6, and are quite disturbed to hear that we are technical ly in violation on the permit we received from the Town. Trustees regarding property we own in Peconic, We most definitely want to work within the structure of the law complying with all requirements. We would appreciate it if you would please send us a permit from the Planning Board to complete. ~hen we obtain this permit, we will work on it immediatelY. Yours very EJH/fga 1970 Gentlemen~ : % 7,. TO: FROM: RE: DATE: Frank A. Kujawski, Jr., President Town Trustees Melissa Spiro, Assistant Planner Richmond Creek July 19, 1988 Below please find the status of the Richmond Creek files as asked for in your memo of July 13, 1988. Richmond Shores - SCTM9 1000-86-1-(4.1-4.29): This was approved in 1980. It was filed with the County Clerk and is shown on the current tax map. Richmond Creek - SCTM9 1000-86-1-9: July 14, 1986 - Positive Dec. by Planning Board Aug. 4, 1986 - April 27, 1987- July 8, 1987 - Aug. 3, 1987 - Nov. 13, 1987 - Scoping Session was held Planning Board received DEIS Correspondence from Dave Emilita that DEIS needs supplement Acceptance by Planning Board of Dave Emilita's correspondence Correspondence from Charles Bowman that applicant is still in the process of responding to the comments for the supplement. Cook/Wortis(formally called Bayside Farms) - 1000-86-3-3: Sketch approval was granted on Jan. 14, 1987 and has since expired. The applicant wishes to re-activate the file and has been discussing this with the Board. FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 DAT'~LE?~ON~ (516) 765-1892 To: From: Re: Date: Valerie Sc0paz, Town Planner Frank A. Kujawski, Jr., President Town Trustees Richmond Creek July 13, 1988 Will you please advise this office of the pending or approved projects on Richmond Creek. We would like to know what the status of the Richmond Creek Farms Project is. (What stage and comment period.) . Also, we understand that there is a project on the Cook/Wortis property. What is the status of this? What name is it under? Thank you for your cooperation. FK TO: FROM: RE: DATE: Frank A. Kujawski, Jr., President Town Trustees Melissa Spiro, Assistant Planner Richmond Creek July 19, 1988 Below please find the status of the Richmond Creek files as asked for in your memo of July 13, 1988. Richmond Shores - SCTM$ 1000-86-1-(4.1-4.29): This was approved in 1980. It was filed with the County Clerk and is shown on the current tax map. Richmond Creek r SCTM~ 1000-86-1-9: July i4, 1986 - Positive Dec. by Planning Board Aug. 4, 1986 - Scoping Session was held April 27, 1987- Planning Board received DEIS July 8, 1987 - Correspondence from Dave Emilita that DEIS needs supplement Aug. 3, 1987 - Acceptance by Planning Board of Dave Emilita's correspondence Nov. 13, 1987 - Correspondence from Charles Bowman that applicant is still in the process of responding to the comments for the supplement. Cook/Wortis(formally called Bayside Fazms) - 1000-86-3-3: Sketch approval was granted on Jan. 14, 1987 and has since expired. The applicant wishes to re-activate the file and has been discussing this with the Board. RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 February 29, 1988 Office of the Town Clerk Town of Southold 53095 Main Road - P. O. Box 1179 Southold, New York 11971 ATT: Judith T. Terry Southold Town Clerk CBV D MAR 2 ' 987 RE: Richmond Shores at Peconic Dear Mrs. Terry: Per your letter of February 3, 1988 in connection with the above-captioned subdivision I am enclosing Check No. 239 of the owner, R.E.C. Realty Co., in the amount of $10,000.00 payable to the Town of Southold. Kindly annotate your records that any future correspondence should be sent to Mr. Robert E. Cummins, R.E.C. Realty Co. c/o K & C Agency, Inc., 70 East Sunrise Highway, Valley Stream, New York 11581-1265. RFL/bd Enclosure cc. Robert E. Cummins Very truly yours, Richard F. Lark TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York 516 - ' 364. JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 February 3, 1988 Richard F. Lark, Esq. Main Road,. P. O. Box 973 Cutchogue, New York 11935 Re: Ri-chmond Shores at Peconic Dear Dick: The Southold Town Board at their regular meeting held on February 2, 1988, accepted the $300,000.00 performance bond for Richmond Shores at Peconic. Returned herewith is Republic Insurance Company Bond #928104 in the amount of $125,000.00 which was replaced by the $300,000.00 bond. I wish to remind you that the Town Board adopted a resolution on August 25, 1987 approving the $300,000.00 amount of this bond, and at the same time determined that an inspection fee on the differential, representing $10,000.00, shall be paid to the Town based upon the updated bond estimate. This additional inspection fee has not been received as of this date. Please advise when we may expect to receive same. Thank you. Very truly yours, Judith T.' Terry $outhold Town Clerk Enclosure cc: Exec. Admin. Lessard PlaNning Board JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 2, 1988: RESOLVED that the Town Board of the Town of Southold hereby accepts Performance Bond No. 621920 issued by the First Indemnity of America Insurance Company, in the amount of $300,000.00 for roads and improve- ments in the subdivision of Richmond Shores at Peconic. Judith T. Terry (// Southold Town Clerk February 3, 1988 ~ _COMPANY N ~ELEPIIONE [201)428-8080 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY 49RIDGEDALE^VENUE HANOVER, NEW JERSEY KNOW ALT, ~EN BY Tf~CME PRESENTS, That We,R:E.C. REALTT CO. % K & C AGENCY, INC. 70 EAST SUNRISE ~IGHWAY, VAT,I,EY STREAM, NEW YORK 11581-1265 as Principals and ROBERT E. CUMMINS & SERENA L. CUM~ENS as Co-Principals and the FIRST INEEMNITT OF AMERICA INSURANCE CE~PANY, a New Jersey Corporation authorized to do business in the State of New York, having an~ office and usual place of business at 49 RI~GEDAIR AVENUE,. EAST HANOVER, NEW JERSET 07936 as Surety, are held and firmly bound unto the TOWN OF SOUIH®LD, SI~¢FOIK COUN~IT, NEW JERSEY as Obligee, in 'the sum o£: T~REE, HUNDRED THOUS~kND & 00/100- $300,000. O0 DOT,T,&I:tS, lawful money of the U~ited States of America, for the payment whereof to the Obligee, the Principal and'Surety bind th~nselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. SIGNED,. SEATF,~ AND DATED ]~{IS: December 31, 1987 W~T~E~S, the above named Principal has agrccd to. o~ly with the terms, regulations and conditions of the TOWN OF SOUIHOLD, in 'connection with the completion of items shown on Town Engineers Estimate dated APRIL 30, 1987 for subdi~ision of RICHMOND SHORES AT PECONIC situated in 'the TONN OF SOUTHOLD, SUFFOLK COUNTY, NEW YOt~ and in connection therewith the Obligee desires this bond be given; WHEREAS, the Co-Principals have a beneficial interest in said project; NOW, ~3rEMEFOt~., ~ g3NDITIC~ OF ~IS (N~LIGATION IS SUCH, that if the Principal shall in 'connection with the installation of said items on Engineers Estimate in RICHMOND SHORES AT PECONIC within THEEE (3) years from date hereof, complete said improvements to-be-in accordance with the construction, specifications of the TOWN OF SOUl, OLD, all in conformance with the plot plan approved by the SOUIHOLD TOWN PLANNING BOARD and to the 'satisfaction of the TOWN OF SOUTHOLD, then this obligation 'to be void; otherwise to remain in full force and effect. NO pa~ty other than the Obligee shall have any rights hereunder as against the Surety. The aggTegate liability of the Surety onthe bond obligation shall not exceed ~he sum thereof for any cause or reason whatsoever. GO-PRINCIPALS: E. C0~i~INS SERENA L. CUMMINS BOND #: 621920 EEPLACES REPUBLIC INS. CO. BOND ~: 928104 R.E.C. REALTY CO., FIRST INI~ITf OF A~FPJCA INSURANCE COMPANY Sandra Phelan, AT/OP/~EY-IN-FACT LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER ;1215 INLET LANE GREENPORT, N,Y, 11944 (516) 477-1652 4 ADr~l 30, 1987 N.r. Bennett Orlo;.:ski, Jr. , Chairm~n Southold Town Plannin~ Board ~n Road $outhold, NY 11971 Re~ Subdivision entitled "Richmond Sbbres at Peconic, dated March 5, 1987 Gentlemen~ Ny estimate for the roads and imrrovements at the above nentioned subdivision is as followsl L~nd clearing none Rough gra.ding t,200 cy a $ 4D0C./cv Fane grading 1,900 ife $ 2.00/lf Surfacing 1,900 if C ~ hO. On/If Curb~ 3,800 If ~ $ 10.00/lf Drainage Catch b~sins 5 ~ $ 1,200.00 l~.nholes 3 e $ 1,200.~0 FiDe 12" ~ 520 If ~ $ 20,O0/lf 24" 20 If ~ $ 2.5.00/lf Headwall 2 ~ $ 800.00 ea Recharge b~sin E~cavation h,O00 cy ~ ~ 5.00/c¥ Fencing(comnero al) 0,/ $ 2b.bO/lf Curbs 18" 6~0 if ~ ~ 10.O0/lf ?e~estr~an walk ~0 cv ~ $ 8.00/cv ~lantin~s - Ja~enese black rdne 190 ¢' $ ~0.00 ea Trees 50 @ ~ 70.00 ea Seeding I acre F $ ?,O00/acre $imn~ ? ~treet,3 sto~, i dead end .- $ 90.00 ea. Monuments z:2 ~ $.50.00 ea Fire well 1 Adnlnistrative costs Increase costs over ~ -'ear veriod $ ~,8oo,oo 3,800.00 76,000.00 38,000.00 6,000,00 3,600.00 10,cO0.O0 5OD.DO 1,6CO.O0 20,000,00 t2,800.00 6,~00.00 640°00 3,'000.00 3.5OD/OD 2,000.00 630.oo 2,100.00 5,000.00 13,230,00 36~000.00 $ 250,000,00 Resl:ectifully submitted, - ... ~ INSURANCE ~.~ COMPANY · TELEPHONE (201)428~080 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY 49 RIDGEDALE AVENUE EAST HANOVER, NEW JERSEY 07936 POWER OF ATTORNEY Know All Men By These Presents: That First Indemnity of America Insurance Company, a Corporation of the State of New Jersey does hereby appoint: SANDRA PHELAN its true and lawful Attorney(s) - in - Fact, each individually if there be more than one name: to make, execute, sign, acknowledge, affix the Company Seal to, deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as an act and deed of said Company. IN WITNESS WHEREOF, First Indemnity of America Insurance Company of the State of New Jersey has executed these presents this STATE OF NEW JERSEY ) COUNTY OF MORRIS ) ss: On this 1st dqy of. SEPTEMBE, i~9 87 before me came the above named officer of First Indemnity of America Insurance Company of New Jersey, to me personally known to be the individual and officer described herein, and acknowledge that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of this office. ~' DePtryresident ' Frances A. Frazzan - o~~  Notary Public State of New Jersey Term Expires May 10, 1992 CE RTIFICATE Excerpts of Resolutions (Article V, Paragraph 7, of the By-Laws of said Company) adopted by the Board of Dkectors of the First Indemnity of America Insurance Company of the State of New Jersey, May 23, 1981 RESOLVED, that the President, or any one of the Executive Vice-Pres/dents, or any one of the additional Vice Presidents specially authorized so to do, by the Board of Directors, or by the Executive Committees, shah have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice Presidents. Assistant Vice Presidents. Resident Assistant Secretaries and Attorneys- in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agree- ments, deeds, and release and assignment of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require and to affix the seal of the Company thereto. RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, r~cognizances or other Con- tract of indemnity or writing obligatory in-the nature thereof. I. Patrick J. Lynch, Secretary of First Indemnity of America Insurance Company of New Jersey, do hereby certify thai the foregoing excerpts of the Resolution adopted by the Board of Directors of the Corporation and the Powers of'Attorne37-issued pursuant thereto, are true'and correct and that both'the Resolution find the Powers of Attorney are in full force, and effect. IN WITNESS WHEREOF, I have herewith set my hand and affixed the Seal of said Corporation. ' -  this ~&~ day Of ,~f?~~"gJl9 tS~Z. -" Patrick J. Lvnch. Secretary · m INSURANCE ~ COMPANY [] TELEPHONE (201) 428-8080 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION SEPTEMBER 30,.. 1987 ASSETS 49 RIDGEDALE AVENUE EAST HANOVER, NEW JERSEY 07936 BONDS .................................................. PREFERRED STOCKS ....................................... COMMON STOCKS .......................................... MORTGAGE LOANS ......................................... CASH ON DEPOSIT ........................................ PREMIUMS IN COURSE OF COLLECTION (UNDER 90 DAYS) ....... REINSURANCE RECOVERABLE ................ ' ................ INTEREST & DIVIDENDS RECEIVABLE ........................ RECOVERABLE FROM AFFILIATE ............................. CONTRACT MONEY RECEIVABLE .............................. PREPAID TAXES ................. ~ ......... ~..' ............ TOTAL ADMITTED ASSETS: .... [[ ......... LIABILITIES AND SURPLUS $5,910066.00 $338.913.00 $256.907.00 $223.631.00 $501.070.00 $1,203.062.00 '$50 599.00 $121.604.00 $352,317.00 $147,034.00 $22,389.00 $9,127,592.00 RESERVE FOR LOSSES AND LOSS EXPENSES ................... UNEARNED PREMIUMS ...................................... AMOUNTS RETAINED FOR OTHERS ............................ PAYABLE FOR SECURITIES .................................. OTHER EXPENSES ......................................... TOTAL LIABILITIES: ................... CAPITAL STOCK, PAID UP ............... $1,251,000:'00 GROSS PAID IN AND CONTRIBUTED SURPLUS $293,931.00 UNASSIGNED FUNDS (SURPLUS) ........... $1,852,592.00 SURPLUS AS REGARDS POLICYHOLDERS ................ ~ ...... TOTAL LIABILITIES AND SURPLUS ........ $1,272,527.00 $2,939,196.00 $82,459.00 $1,381,887.00 $54,000.00. $5,730,069.00 $3,397,523.00 $9,127,592.00 I, John P. Teevan, Treasurer of First Indemnity of America Insurance Company, do hereby certify that the foregoing statement is a correct exhibit of the assets and surplus of the said Company, on the 30th day,Of i~eptember, 1987, according to the best of my information, Knowledge, ~, ~ ~ ~ ? STATE OF NEW JERSEY) COUNTY OF MORRIS ) SS: Subscribed and'sworn to, before me, a Notary Public of the State of New . Jersey in th~ Township of East Hanover, this 10th day of November, 1987. ~RAN~E~-~=~Z~'~ances A. Frazzano, Notary Rublic MY COM;M~$10N EXPIP, ES- ~ SURETY ACKNOWLE~ STATE OF NEW JERSEY C~ OF MORRIS SS: On this 31st me personally comes day of December SANDRAPHEL~N , in the year 19 87 , before to me known; who, being by me duly sworn, deposes and says that he resides in the City of - , that he is the ATTORNEY-IN-FACT of the FIRST INDE>fNITY OF AMERICA INSURA~NCE COMPANY the Corporation 'described in and which executed the foregoing instrt~nent; that he knows the seal Of the said Corporation; that the seal affixed to the said instrument is such Corporate sea], that it was so affixed by the order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. (Si~a~u~' & Title' ~fficiai Taking Acknowledgement ) FRANCES A. FRAZZANO, NOTARY PUBLIC STATE OF NEW JERSEY FIRST INDEMNITY ~ INSURANCE .--- COMPANY [] OF AMERICA INSURANCE COMPANY Southold, N.Y. 11971 (516) 765-1938 January 28, 1988 Mr. Richard Lark Attorney at Law Main Road P.O. Box 973 Cutchogue, NY 11935 Dear Mr. Lark: Enclosed please find a copy of the Richmond Shores subdivision bond dated September 19, 1979. I have received a copy of the new bond dated December 31, 1987. The original has been filed with the Town Clerk. Sincerely yours, Bennett Orlowoki, Yr. Chairman Southold Planning Board RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O, BOX 973 CUTCHOGUE, NEW YORK 11935 January 22, 1988 Office of the Town Clerk Town of Southold 53095 Main Road - P. O. Box 1179' Southold, New York 11971 ATT: Judith T. Terry, Southoid' Town Clerk RE: Richmond Shores at Peconic Dear Mrs. Terry: Pursuant to resolution of the Southold Town Board on August 25, 1987 I am enclosing the Performance Bond 4621920 of First Indemnity of kmerica Insurance Company in the amount of $300,000.00 for Richmond Shores at Peconic. This replaces the Republic Insurance Company Bond ~928104 in the amount of $125,000.00 which I would appreciate you returning to me. RFL/bd Enclosure ~cc. Victor Lessard Southold Town Bld. Dept. Very truly yours, Richard F. Lark -~ ,COMPANy I~ 'IELEPHONE {20 ! ) 428-8080 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY ]~ND 49 RIDGEDALE AVENUE ~. , ,~,~ EASt HANOVER. NEW JERSEY nT~3n KNOW ALT, ~ ]~E ~ PRF.~qENT~, That We,R~.E.C. I~EALTY (I). % K & C AGENCY, INC. 70 EAST SUNRISE HIGHWAY, VAT,IEY STREAM, NEW YORK 11581-1265 as Principals and ROBERT E. CUMMINS & SERENA L. CU~INS as lb-Principals and the FIRST I~ITT OF AMERICA INSURANfE (/i~PANY, a New Jersey Corporation authorized to do business in the State of New York, having an office and usual place of business at 49 RIDGW. DAT~ AVENUE, EAST HANOVER, NEW JERSEY 07936 as Surety, are held and firmly bound unto the TOWN OF SOIY4IIOLD, SUFFOLK (I)UNTY, NEW JERSEY as Obligee, in 'the sum o£: THREE, HUND~D THOUSAND & 00/100 ............ $300,000.00 DOT.T,ad~S, lawful money of the United States of A~rica, for the payment whereof to the Cbligee, the Principal and' Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmlyby these presents. SIGNED, SEATRD AND DATED %~rlIS: December 31, 1987 WHEREAS, the above n~ned Principal has agrccd to o~ly with the terms, regulations and conditions of the TOWN OF SOUTHOLD, in connection with the completion of items shown on Town Engineers Estimate dated APRIL 30, 1987 for subdivision of RICHMOND SHORES AT PECONIC situated in 'the TfNNN OF SOUTHOLD, SUFFOLK ~0UNTY, NEW YOt~f and in connection therewith the Obligee desires this bond be given; WHEI~AS, the Co-Principals have a beneficial interest in said project; -- NCW, ~HRREFOI~, THE (I)NDITIC~ OF ~IS OBLIGATION IS SUfH, that if the Principal shall in connection with the installation of said items on Engineers Estimate in RICHMOND SHORES AT PEOONIC within TttREE (3) years from date hereof, cc~plete said improvements to be in accordance with the construction, specifications of the TOWN OF SOUI~OLD, all in conformance with the plot plan approved by the SOUTHOLD TC~N PLANNING BOARD and to the satisfaction of the TOWN OF SOUTHOLD, then this obligation to be void; 'otherwise to r~nain in full force and effect. NO party other than the Obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety on. the bond obligation shall not exceed the sum the..r~of for any cause or reason whatsoever. OO-PRINCIPAT s: SERENA L.' CUMMINS BOND#: 621920 REPLACES ~PUBLIC INS. OD. BOND#: 928104 R.E.C. I~ALTY OD., S~dra Phelan, ATIOP2~Y- I N-FACT LAWRENCE M. 'I-UTHILL PROFESSIONAL ENGINEER 1215 INLET LANE GREENPORT, N.Y, 11944 (516) 477-1652 ADr~l 30, 1987 Nr. Bennett Orlo¥:ski, Jr. , Chairmmn Southold Town Planning Board ~n Roed Southold, NY 11971 Re, Subdivision entitled "Richmond Shbres at Peconic, dated MarCh 5, 1987 Gentlemen8 My estimate for the roads and imrrovements at the above mentioned subdivision is as followst Land clearing Rough grading Fine grading Surfacing Curbh Drainage none 1,200 cy a $ 4900/cy 1,9oo if * $ 2.co/if 1,900 If ~ $ Jt0.OO/lf 3,800 l~ ~:$ lO.OO/Z~ Catch b~slns 5 ~'$ 1,200.00 ~.nhotes ~ ~ $ 1,200.00 tine la" ~ 5?0 if ~ $ 2o.oo/lf 2~¢' 20 1~ ~ $ 25.oo/zf Headwall 2 ¢ g 800.00 ea Recharge bosin ~cavation h,O00 cy ~ 2 ~.O0/cy [,enclng(commercial)~0/~$ 20.O0/lf Curbs 18" 640 If ~ ~ lO,O0/lf ?ede~tr~an walk 80 c? ¢ $ 8.00/c¥ Ylantin~s - Jarenese blsck r~ne I~0 ~$ ~0.~ Trees 50 ~ ~ 70.00 ea Seeding I acre ~ $ ?,O00/acre Signs ~ ~treet,3 ~to~, 1 ~ead end. :- $ 90.00 ea Monuments b2 ~ $ 50.00 ea Fire well 1 Administrative costs Increase costs over 3 ---ear reriod $ $,800.00 3,800.00 76,000.00 38,000.00 6,000.00 3,600.00 lO,aO0.O0 500.00 1,6oo.oo 20,000.00 12,800.00 6,400.00 640.00 ~.5oo/oo 2,000.00 630.00 2,100.00 5,000.00 13,230.00 36,000.00 $ 250,000.00 Bespectifully submitted, ~~ ~ ~ /~ ~--- INSURANCE ~ COMPANY · TELEPHONE (201) 428.8080 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY 49 RIDGEDALE AVENUE EAST HANOVER, NEW JERSEY 07936 POWER OF ATTORNEY ' Know All Men By These Presents: That First Indemnity of America Insurance Company, a Corporation of the State of New Jersey does hereby appoint: SANDRA PHELAN its true and lawful Attorney(s) - in - Fact, each individually if there be more than one name: to make, execute, sign, acknowledge, affix the Company Seal to, deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as an act and deed of said Company. IN WITNESS WHEREOF, First Indemnity of America Insurance Company of the State of New Jersey has executed these presents this STATE OF NEW JERSEY ) COUNTY OF MORRIS ) ss: On this 1st day of. SEPTEMBE, t]9 87 before me came the above named officer of First Indemnity of America Insurance Company of New Jersey, to me personally known to be the individual and officer described herein, and acknowledge that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of this office. Frances A. Frazzhno t)'~' -- Notary Public State of New Jersey Term Expires May 10, 1992 CERTIFICATE Excerpts of Resolutions (Article V, Paragraph 7, of the By-Laws of said Company) adopted by the Board of Directors of the First Indemnity of America Insurance Company of the State of New Jersey, May 23, 1981. RESOLVED, that the President, or any one of the Executive Vice-Presidents, or any one of the additional Vice Presidents specially authorized so to do, by the Board of Directors, or by the Executive Committees, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice Presidents. Assistant Vice Presidents. Resident Assistant Secretaries and Attorneys- in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agree- ments, deeds, and release and assignment of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require and to affix the seal of the Company thereto. RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizances or other con- tract of indemnity or writing obligatory in the nature thereof. I. Patrick J. Lynch, Secretary of First Indemnity of America Insurance Company of New Jersey, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Directors of the'Corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolution and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have herewith set my hand and affixed the Seal of said Corporation. O this ~,/~d..~ d ay of ~7_~-Z/~. 1.9 ~'.~. Patrick J. Lynch, Secretary ~ INSURANCE ~--' COMPANY · TELEPHONE (201) 428-8080 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION SEPTEMBER 30, 1987 49 RIDGEDALE AVENUE EAST HANOVER, NEW JERSEY 07936 ASSETS BONDS .................................................. PREFERRED STOCKS ................ · ....................... COMMON STOCKS .......................................... MORTGAGE LOANS ......................................... CASH ON DEPOSIT ........................................ PREMIUMS IN COURSE OF COLLECTION (UNDER 90 DAYS) ....... REINSURANCE RECOVERABLE ................................ INTEREST & DIVIDENDS RECEIVABLE ........................ RECOVERABLE FROM AFFILIATE ............................. CONTRACT MONEY RECEIVABLE .............................. PREPAID TAXES .............................. · ............ TOTAL ADMITTED ASSETS: ............... LIABILITIES AND SURPLUS RESERVE FOR LOSSES AND LOSS EXPENSES ................... UNEARNED PREMIUMS ...................................... AMOUNTS RETAINED FOR OTHERS ............................ PAYABLE FOR SECURITIES ................................. OTHER EXPENSES ......................................... 'TOTAL LIABILITIES: ................... CAPITAL STOCK, PAID UP ............... $1,.251,000.00 GROSS PAID IN AND CONTRIBUTED SURPLUS $293,931.00 UNASSIGNED FUNDS (SURPLUS) ........... $1,852,592.00 SURPLUS AS REGARDS POLICYHOLDERS ....................... TOTAL LIABILITIES AND SURPLUS ........ $5,910,066.00 $338,913.00 $256,907.00 $223,631.00 $501,070.00 $1,203,062.00 $50,599.00 $121,604.00 $352,317.00 $147,034.00 $22,389.00 $9,127,592.00 $1,272,527.00 $2,939,196.00 $82,459.00 $1,381,887.00 $54,000.00 $5,730,069.00 $3,397,523.00 $9,127,592.00 I, John P. Teevan, Treasurer of First Indemnity of America Insurance Company, do hereby certify that the foregoing statement is a correct exhibit of the assets and surplus of the said Company, on the 30th da~/,~ iSgptember, 1987, according to the best of my information, knowledge,/agd.'be]~i~f.~. A ,"% ," ~,.'-'~9 ,~./, I% I I !; I / $ ~l[ .? '" '," . . .'~1~. ~ .... E~r~.,~> .... ~..~.L~. ~ STATE OF NEW JERSEY) ,,.f( .... ~% COUNTY .OF.'~ORRIS ) Subscr1~d add ,~worn to, before me, a Notary Public of the State of New Jersey in t~ ~ow~ship of East Hanover, this 10th day of November, 1987 -~"' :" ~blic ".-.- ? j ~ MY COMMISSION EXPIRES ,, - . ..... "' ~': MAY ~0 ' SURETY ACK/~E~ STATE OF NEW JERSEY C~ OF MORRIS SS: On this 31st day of December SANDRAPHELAN me personally comes ~- , in the year 19 87 , before to me known; who, being by me duly sworn, depeses ar~ says that he resides in the City of , that he is th~ ATToRNEY-IN-FACT of the FIRST INDEMNITY OF AMERICA INSURANCE COMPANY the Corporation described in and which executed the foregoing instrt~nent; that he knows the seal of the said Corporation; that the seal affixed to the said instr%~nent is such Corporate sea], that it was so affixed by the order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. (Signature' & Title o~ ~ficia~£ T~ng Acknowledgement ) FRANCES A. FRAZZANO, NOTARY PUBLIC STATE OF NEW JERSEY Submission Witltout a Cover Letter Sender: SCTM#: 1000- Comme.ts: Maihn~Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK TEL: (631) 369-8200 FAX: (631) 369-9080 E-mad: crcuddy@earthhnk.net February 28, 2001 Planning Department Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Attn: Craig Turner Re: Schembri - Richmond Shores Dear Mr. Enclosed Shores. Turner: is a replacement Letter of Credit for Richmond Enclosure CRC:cg Very truly yours, Charles R. 'Cuddy~ ELIZABETH A. NEVILLE TOWN CLERK REGISTI~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 245 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2001: RESOLVED that the Town Board of the Town of Southold hereby approves the release of the subdivision bond no. 621920 from the First Idemnity of America Insurance Company in the amount of $300,000.00 for road and improvements in the Richmond Shores subdivision, issued to Robert E. Cummins and R.E.C. Realty Compan¥~ all in accordance with the recommendation of the Southold Town Planning Board, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk Southold Town Planning Board JOSHUA Y. HORTON SUPERVISOR 'IOWN HALL - 53095 MAiN ROAD Fax. (516)-765-1366 JAMES A. RICHTER, R.A. ENGINEER TOX3/N OF SOUTHOLD, NEW YORK 11971 Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Peter Harris Superintendent of Highways Peconic Lane Peconic, NewYork 11958 August 18, 2004 Richmond Shores Subdivision SCTM #: 1000-86-01-04 Dear Mr. Harris: As per your request, I have completed a final inspection of the above referenced subdivision. Dedication papers have been submitted to the Town and the building of the road and drainage system is complete and has been constructed in a satisfactory manner. All Planning Board construction requirements have been completed with the following exceptions. 1. The required installation of a pedestrian walkway over a state drainage easement in the Northeasterly corner of the site has not been constructed at the request of the State DOT. This proposed walkway would impede the flow of water and produce negative impact on the State drainage system in this location. 2. Approximately 15% of the street trees did not survive. All dead street trees should be replaced. I have also reviewed the deed descriptions contained in the dedication papers that were submitted by the developer. These documents appear to be accurate and the subdivision, with the exception of the street trees noted above, is ready for dedication. If you have any questions concerning this inspection report, please contact my office. CC: Jerilyn B. Woodhouse, Chairpe'r'gon - Planning Board Patricia Finnegan, Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER i~'~'F Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Jerilyn B. Woodhouse, Chairperson Southold Town Planning Board Southold Town Hall Southold, New York 11971 January 29, 2004 ,lAN 3 0 ~e' Southold Towa P~anning 8oarr{ Dear Ms. Woodhouse: The attached letter is being forwarded to the Planning Board for their review. A recommendation by the Planning Board to the Town Board for the release of this bond must be accompanied by letters from both the Town Engineer and the Superintendent of Highways. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosure cc: Supt. of Highways, P. Hams Town Engineer, J. Richter hembri ff mes Inc. CUSTOM HoM~s oF DISTINCTION January 22, 2004 Town of Southold Southold, New York Att: Re: 11971 Southold Town Board Richmond Shores- 1000-86-01-4.1-4.24 To Whom it may concern: RECEIVED JAN 2 2 2004 Southold Town Clerk Please be informed that Schembri Homes, Inc. has complied with all that was required of us concerning this sub-division and we are now requesting that we be released from our bond. Thanking you in advance. Si nc.e.r.2ely, ~ Peter Schembri PS/df 102 Sandpiper Drive, Rivcrhcad, New York 11901 · Sales Office: 631-727-4127 · Fax 631-727 3791 Construction Office: 631 208-8262 · Fax 631-208-8265 dhembri mes . CUSTOM HOMES OF DISTINCTION January 22, 2004 Town of Southold Southold, New York 11971 Att: Southold Town Planning Dept. Re: Richmond Shores. 1000-86-01-4.1-4.24 To Whom it may concern: Please be informed that Schembri Homes, Inc. has complied with all that was required of us concerning this sub-division and we are now requesting that we be released from our bond. Thanking you in advance. Sincerely Peter Schembri PS/df 102 Sandpiper Drive, Riverhead, New York 11901 · Sales Office: 631-727-4127 · Fax 631 727-3791 Construction Office: 631-208-8262 · Fax 631-208-8265 Tel No.: (6.31) 369-8200 CHARLES R. CUDD¥ Atlorow/at ~ · 44~ Griffing Avenue R~verhead, New York 11901 Fax No.: 1631) 369-9080 pchI~E 02/UL ,2.? v'.. TO: V~ctor L'Eplattenier Fax #: 76~-3] 36 TELECOPIER COVER SHEET Total Nu~b~ ef p~es 1 including cover If ~r~smis~ion i~ f~Ity or inco~¢ct~, plcas~ ~n~o~m u,, ~ soon a~ possible, Operator: lwona Bat~: De,tuber 22, ~003 Co~m~t~; Re: ~chmoad Sho~s, Southold-Schembri Home~ S~M¢ 100~-86-1-4.1 to TI~ Builder,~e~lop~, Sch~bri Homes h~ ad'sod ti~at all of the work has be~ compl~, and that the release re~lution has been r~ue~ ~om the Iown Board. S~hembd Homes ~so ad~sed thal it was :heir underst~ding that the l~ter of credit r~ewed automafi~lly. Ch~es R. Cuddy JOSHUA Y. HORTON SUPERVISOR TOWN HA[.[. - 53095 MAIN ROAD Fax. (516)-765-1366 JAMES A. mCUTER, ENGINEER TOXIN OF SOUTHOLD, NEW yORK 11971 Te1.(516)-765 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Peter Harris Superintendent of Highways Peconic Lane Peconic, NewYork 11958 October 22, 2004 Re: Richmond Shores Subdivision SCTM #: 1000-86-01-04 Dear Mr. Harris: As per your request, I have completed a second final inspection of the above referenced subdivision. The Dead Street Trees have been replaced in a satisfactory ner Since my last inspection, the vegetation within the sump area has grown cmoann~iderably. This item has been reviewed with the Developer and he has assured me that this area within the perimeter fencing of the sump will be cut or mowed by the Developer as soon as possible. At this time, the Richmond Shores Subdivision is ready for dedication. If you have any questions concerning this inspection report, please contact my office. ichter, R.A. ~ J~eri~yn B. Woodhouse, Chairperson Town Planning Board Patricia Finnegan, Town Attorney PROTIL£ SHORE LANE - ~554% PROFILE SHORE LANE +LO00% PROFILE RICHMOND L~ANE TYPICAL ROAD $£CTION_.j P~ ,,,/6' ',,k ' b b d 8 RESERVED AREA " O " (4 G) 9 18 TEST HOLES NO · oo NO 4 oo k TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL SYST5M LOCATION MAP I "= GO0 ' HOUSE I ) SEPtiC raNK ROAD HOUSE TYPICAL PLOT PLAN MAP OF RICHMOND SHORES A T ?ECON/C A Y PECONI C TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SCALE.'/"= I00' 14,9 Z4 OWNER' RO£E~T ~ CUMMINS 'P6000 5F. pI 23000 £ F. /5. 0 /P 8 £4000 S.,~ 13.8 PPooo s £ 25000 $ F 4 II, NO TES . I. ELEVATIONS ARE REFERE-NCEb TO U, S, C 6t ~ SURVEY DATUM 3 CONTOUR L/NFS OUTS/DE- THE- PER/METER OF ,THIS SUBDIVISION WERE- APPROXIMATED FROM ~IS G.S. CH~H~ 3. TOTAL ARE-A= pZpACRES_+ 4 ' TOTAL NUMBER OF LOTS = 5. LOT DImENSIOnS ~O AREAS ~RE ~PP~OXI~A~ 6 INTEGRAL CUrB 8 GUTTERS TO RE/HSP~LLED bT~LL /~TERSECTIONS FOR.~T LEAST IO'E~CH SIDE OF~R~E ~ ~ ALL COIVSTRUCTION TO CONFOtgA SCHOOL DISTRICTMO 7 TAX MAP SHEET MO. 17 I0 ZO~IING USE DISTRICT-'~"R~S 18 40 TO THE TOWN OF SOUTHOLD HIGHWAY SPECS. B DETAIL S. Oh-MT/AL- fGt?ICUL TUt~AL -f ~ PROFILE RO,~D ~" PROFILE +/.ooo% .ooo~ 14 50 pROPOSED PbUFILE /~OAD "~ LOCATION MAP , I' =600' ~ PK?OFILE /~OAE~ PROFILE SCAL~" HOHIZ. 1'=50'- VERr. I"=10' A T PECONIC. PREL:/M/NARY SU~DIJ/ISION MAP OF Ff' / Cf/MO/VD ,' SHORES /~ T PFCONIC TOWN ,OF .SOUTHOL D SUFFOLK COUNTY, SCALE': 1% I00' APRIL. 26, 1978 MAY' 25,1978' JUN£,eS, 1978 :, NOV. 24, 1978 NOwARD w. V. OUN~, N.K$.L $, tl~ NO. 458~. ~¢J[ !,'~ ', OV?NER ROBERT k~ CUMMINS 49-89 FRESH MEADOW LANE FLUSHING~ t~ Y 115BI IV O res ?O?~L ARE,~= 2Z2ACRES-+ 4 TOTAL ~UNBE~ OF ~OTS = 5 LOT DIMENSIONS AND ~RE~S Li, _[ I i NOTE ~ ~ INPIC;.ATE~ "NO'OBS'T~:UCTION l:O 'JtS~ON AI~A" SITE TYPICAL P'LOT t~LA,,., : : P LAN,, AT PECON~C '~ /0.4 .940008dP ~oooo~ ,. P. dOOO S. b7 pPOOO.9. K ,~P, OOO sp. /~"10 " PSOOOS. F ~ K6 ,'% NO TES : CONTOUR LINES GUPSIDE THK PERIMETER OF THIS ~BDIVISIOH /NTEGRALCURBSGUTT~STOBEIHST~LLEDArALL)N~SECrlORSF~FLWASTiO'EACHSiDEOF~RVEbAr LE~ST,IO ' E~ SlOE OF ~I~GE STRUC'TU~E 8 E~CH SIDE OFROAD 7 ~L~ CORST~CDON ~ CO~RM TO THE TO~ OFSOUTHOLD HIGHWAY ~PS. ~ DETAILS. S~OOL D/S~ICT ~0. 7 9, T~X,M~P SHEET HO. I~ I0 ZONING US~ DISTRICT~'~'~SIDEHTIAL-~GRICULTUH~L 18.40 ,¸1 ~ ' ~ PROFILE RO/,I,P '~ P. POF/L£ /~oAD "l~ " ~ !r, ooo9~ . P£EL IMiN~RY SUBBIVISiOI~ :M~p OF " FILENn ~-=, -~,~.,~'~-- ' . I CHMOND S~UFFOLK CO PLANNING DEPT ' SUB D REVIEW SECTION ' "~TPECONIC SUFFOLK ' ~U~T~ ' · SCA~ ' 14.6 22000 S.E 15,2 % 55 ' /PI 25000 S. E 17 24000S. E 24000S. E ~.9 .% tO00 S.F. to.g .... tO' 28000 $~ HO TES : I. ELEVATIONS ARE REFERENCED TO U, S C, 8 ~ SURVEY DATUAA, P CONTOUt~ LINES OUTSIDE THE PERIAAETER OF THIS SUBDIVISION WERE 3. TOTAL AREA-- 2ZPACRES-+ 4l TOTAL NUN, PER OF LOTS: 5. LOT D/~ENS/ONS AND AREAS ARE APPROXIDfAT.~ INTEGRAL CURB $ GUTTERS TO BE INSTALLED ATALL INTERSECTIONS FOR ~T LEAST IO'£~GH SIDE OFOURVE ~ AT LEAST lO' EACH SIDE OF DRAIH~GE STRUCTURE ~ EACH SIDE OFROAD WH~t~E GRADE IS ~ OR &fORE ALL CONSTRUCTION TO CONFORI~ TO THE TOWN OFSOUTHOLD HIGHWAY SPECS. b DETAILS. SCft~OL DISTRICT HO. 7 TAX 6f,~P SHEET IVO. 17 ZONING USE DISTt~ICT-'~ " RESIDENTIAL-AGt?ICUL TURAL 18. ~0 ~ PROFILE [00~I~ PROFILE +1.000% pROPOSED ~. PROFILE ~OAO "~5 ",,. 14.50 + 0.0-9/% LOC~TION 14~P · i. -"GOO' ~ PROFILE PROFILE' SCALE: HORIZ. 1%50" ~RE /U-10' RECEIVED BY JUN g1978 _ PREL /M/NARY SUBDIVISION MAP OF Fe I C H M O ND. ' .'?HOPES ~ T ?£CONI C TOWN OF SOUTHOLD. SLIFFODH COUNTY, N Y. SCALE:, 1% I00' APRIL 26, i9 78 MA~ 2~,/978 5-- ~ RO~E~T £. CU,~NS tS,§ P4000~£~ 13.4 55' ' p3000 -~ £ u.¥O - . % 13,8 pRO00 S,E NO TES I, E£EVATIORS ,ORE REFERENCED TO U, S C b G, SURVEY DATUM. CONTOUR LINES OUTSIDE THE PERIMETER OF .THIS SUBDIVISIOH WERE 3 TOTAL ANEA-- PTPACRES-+ 4 TOTAL NUMBER OF LOTs = 5, LOT DIM~IVSIONS AND AREAS ARE APPROXIMAT_E APPROXINATED F~OM ~l S G.S. CHAR[ G INTEGRAL CURB $ GUTTERS TO BE IPlS~'ALLED I~T ALL INTERSECTIOHS FOR. AT LEAST I0 'EACH SIDE OFPURVE b AT LEAST I0' EXCH SIDE OF DRAIIVAGE STRUCTURE b EACH SIDE OFPOAD WHERE GRADE IS 5~ OR MOR~. 7 A£L COI¥STRUCTIOIV TO CONFORM TO THE TOWN OFSOUTHO£D HIGHWAY S~ECS b DETAYS. 8 SCHO0£ DISTHICTHO. 7 TAX MAP SHEET NO. 17 I0 ZONING USE DISTRICT-')~"RESIDEIVTIAI-AGRICU£TURAL 18 40 PROFILE PROFILE t~O~D "A'" 4-1.000% 14,50 PROFILE /~oAO ",5 PROFILE I~ O AD E5 PROFILE SCALE: HORIZ. I'--~0'- VERT 1%10, PREL /M/NARY SUBDIVISION kIAP OF RI CHMOIVD ' SHOR£S . ~ T ?ECONIC TOV/N ~F SOUTHO~D SUFFOLK COUNT~ ~ Y SC~E~ 1% I00 ~ APHIL pE, /9 78 MAY 2~ , 1978 dUNE 28, 1978 LOCATION I"=$00' RECEIVED BY ~T.~/~,NOLD TOWN P~NING 60AR~ X T PECONIC