HomeMy WebLinkAboutRavn, Daniella & Stephen (2) Glenn Goldsmith,President ����` COGy Town Hall Annex
A.Nicholas Krupski,Vice President j 1 ' 54375 Route 25
0
Eric Sepenoski ,? P.O.Box 1179
Liz Gillooly �y • 0!� Southold,NY 11971
Elizabeth Peeples ��� Telephone(631)765-1892
Fax(631)765-6641
Southold Town Board of Trustees
Field Inspection Report
Date/Time: I I 1 L Completed infield by:
Michael Kimack on behalf of DANIELLA C. & STEPHEN E. RAVN requests a Pre-
Submission Inspection to discuss a proposed dock to serve the three (3) lot owners as
required by Town Planning Board Covenants & Restrictions. Located: 625 Wells Road,
Peconic. SCTM# 1000-75-6-3.3
Type of area to be impacted:
Saltwater Wetland Freshwater Wetland Sound Bay
Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other
Type of Application: Wetland Coastal Erosion Amendment
Administrative Emergency Pre-Submission Violation
Notice of Hearing card posted on property: Yes No Not Applicable
Info needed/Modifications/Conditions/Etc.:
AA!-hLt_ }n bt su6mifcj �6 OPRc_e.. Trusitfj will re eW -4`v,761X
WA 1gp11. once, ce.C.e
Present Were: /-G. goldsmith V /E.N. Kru ski Sepenoski
V L. Gillooly E. Peeples
DECLARATION AND COVENANT
THIS DECLARATION made,the /////day of February, 2022 by ATRICK FLANAGAN and EVA
FLANAGAN, residing at 7 Ernerald Woods, Tarrytown, N.Y. 1059 (Lot; 2) DANIELLA C. RAVN
and STEPHEN E. F AVN, residing at 16 Sagamore Road, East Nor ich, N.Y. 1:1.732 (Lot 3); and
MORTON D. DUBIN 11, residing at 355 pacific Street, Brooklyn, PI.Y. 11217( Lot 1), hereinafter
referred to as DECLARANTS, states as follows:
WHEREAS, Declarant's are the owners of certain real property si uatE: at Peconic, in the Town
of Southold, being Lot 1: SCTM 1000-75-06-3.1, Lot 2: SCTM 100 -75-06.3.2 and Lot 3; SCTM
1000-75-06-3.3 of a "Standard Subdivision of John Scott" and recorded in the Suffolk County
Clerk's Office dated April 27, 2009 as Map No. 11699. Bounded and described as follows:
See Schedule "A" Description
Whereas,;a Declaration and Covenant, made the 30th day of July, 2008, between John G. Scott
11:1 and the Southold Planning Board and recorded in the Suffoll County Clerk's Office under
Liber No. D00012570 and Page No. 644, dated November 3, 201108, that limits disturbance
of.any kind within a 50 foot Non Disturbance/non fertilization vegetation area except to
establish a Four (4) foot wide, unimproved, natural access path located within the 10 fool:
wide pedestrian access easement on Lot 3 , and
WHEREAS, the Declarants have determined that it is in their best,interests to jointly develop
the access, path with the intenVon of placing a fixed walkway an � fixed docks ( dock system)
for boating withini the waters of Richmond Creek for the benefit f the Declarants;
NOW, THEREFORE, THESE DECLARANTS WITNESSETH;
That Declarants, for the purpose of carrying out the int(' (S /V®
make known, admit, publish, covenant and agree that t, oo,�, ,,,,
be subject:to the following; covenants which shall run w �If C%�[ rn
Declarants of said premises, their hears, executors, legal
successors and assigns, to wit: ,
(1) That Declarants herein agree to equally she
said dock system which includes, but is not limit O�
permit processes, and bidding to construct, an�
(2) That Declarants herein agree to equally shy
construct the dock,system which inchides, but n
foot wide access path within the 10 ft. wide RO
privacy hedge along the entire ROW to determir.� iL uoris pain ana to ensure
privacy for adjacent properties.
(3) That Declarants herein agree to equally share in alIny routine maintenance or
repairs that may Ibe required. The Declarants also agree to share in any expenses as a
result of storm damage to the dock :system and/or access path within the ensuing
years. If, in the event a Declarant unilaterally damages any portion of the dock
system, if shall be their sole responsibility for the cost o the repairs, and
(4) The Declarant's hereon agree that a Declarant can withdraw from this
Declaration and Covenant by his or her unilateral action The withdrawal shall be in
writing to,the remaining Declarants and said withdrawal acknowledged, in writing by
the remaining Declarants within 30 clays.. Withdrawal from this Declaration
constitutes forfeiture of the use of any portion of the clock by the withdrawing
Declarant. This Declaration and Covenant shall remain in full force Find effect for the
remaining Declarants, and
(5) The Declarants agree to mutually decide which two (2) water,craft dockage
locations will be assigned to which Declarant, and
(6) The Declarants agree the dock shall remain private only to water craft
registered to each declarant and
(7) The Declarants herein agree to not park their vehicles within the easement
area or along the property line of Lot 3 of the subdivision, and
(8) In the event the Declarants decidE!to provide water and/or electricity to service
the dock, the cost of installation shall be shared equally. Each Declarant shall have
separate metering stations for electrical access and usag . The electric utility bill will
be apportioned accordingly, and
(9) Eadh declarant will be permitted to dock up to tw (2) boats, and
(10) The declarants wish to establish a recommended usag'E?time of from 7:AM to 9
PM. It is uhderstood that there may be occasions when -hose hours are exceeded. In
that event, each Declarant agrees to keep noise to a min murn during those extended
hours so as not to disturb the neighbors, and
(11) The!ROW is solely for access to the dock and boat : no picnicking, dock parties
or;using the ROW as a private beach, and 1
(12) No garbage disposal anywhere on or near the docs or ROW. Garbage needs to
be,remove,d from the property and properly disposed of, and
(13) Boats using the clocks need to be registered to property owners as shown ori
their deeds. No renting of dock space or permitting third p rties to use the dock spaces,
and
(14) The owners of lots 1 and 2 shall name the owner(s) of lot 3 as additional insured
on itheir Homeowner's policies for the purpose of providing insurance for any personal
injury accidents to family members, or invited friends that may occur,within the ROW
on,lot 3.
IN WITNESS WHEREOF, the Declarants has hereunto set their hands and seal the day and
year above written.
9
PATRICK FLANAGAN 1 E A ALAN
I
DANIELLA C. RAVN ST PH E. RAVN
MORTON D. DUBIN --
STATE OF NEW YORK )
ss. .
COUNTY OF SUFFQLK )
On the !/74 day of February, 2022 before me, the undersigned, a notary public in and
for said State, personally appeared PATRICK FI.ANAGAN personal'y known to me or proved to
me on the lbasis of satisfactory evidence to be the individual wh se name is subscribed to
the within;instrum;ent and acknowledged to me that he execute the same in his capacity,
and that by his signature on the instrument, the individual, or the person upon behalf of
which the i,ndividuol acted, executed the instrument.
Notary Public
MICHAEL A.KIMACK
Notary Public, State of New Ybrk
No.02K15056823
Qualified In Nassau County
Commission Exp res March 11,2022
STATE OF NEW YORK )
ss. .
COUNTY OF SUFFOLK )
On the /////day of February, 2022 before me, the undersigned, a notary public in and
for said State, personally appeared EVA FLAN,AGAN personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that.she executed t le same in her capacity, and
that by her signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
Notary PUbHc
MIC AEL A. KIMACK
Notary Pu lic,State of New York
No 02KI5056823
Qualified in Nassau County
Commission Expires March 11,2022
STATE OF NEW YORK )
ss. .
COUNTY OF SUFFOLK )
On the f l day of February, 2022 before me, the undersigned, a notary public in and
for said State, personally appeared DANEELLA C. RAVN personally known to me or proved to
me on the basis of satisfactory evidence to bel the individual whose se name is subscribed to
the within instrument and acknowledged to me that she execute th,Et same in her capacity,
and that by her signature on the instrument, the Individual, or th person upon behalf of
which the individual acted, executed the instrument.
Notaryu iic
70Ni,1 S,ALGUERO x—
Mg7ARY PUB_IC,STATE OF NEW YORK
Registra ion No.01SA6242706
Qualified in Queens County
Commission Expires June 13,2023
STATE OP NEW YORK )
ss. .
COUNTY OF SUFFOLK )
On the � /7�'6 day of February, 2022 before me, the undersigned, .a notary public in and
for said Si,ate, personally appeared STEPHEN E. RAVN personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that he execute a the same un his capacity,
and that by his signature on the instrument, the individual, or th a person upon behalf of
which the individual acted, executed the instrument.
Notary Public
TONIA SALGUERO
OTARY PUBLIC,STATE OF NEW YORK
Registration No.OISA6242766
Qualified in Queens County
ommission Expires Jun
STATE OF NEW YORK ) - �- "� �'.�` e 13,2023
a
ss. .
COUNTY OF SUFFOLK )
On the � h day of February, 2022 before me, the undersigned, a notary public in and
for said State, personally appeared MORTON ID. DUBIN personalIV known to me or proved to
me on the basis of (satisfactory evidence to be the individual whose name is :subscribed to
the within instrument and acknowledged to me that he executed the same in his capacity,
and that by, his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
Notary Public;
MICHAELA. MMACK
Notary Public, tate of New York
No.02N11505611323
Qualified in assau County
Commission Fxpi es March 11,2022
. ' ' . . f11 df.►
SCHEDULE"A" DESCRIPTION
AL4 that certain plot, piece or parcel of land, situate, IyiIng sand being at
Pe,conic, Town of Southold, Suffolk C"ovrity, State of Netr York, bounded and
de,scribed as follows"
BEGINNING at the corner formed by the IntersectEon.of the south easterly side
of Main Road (Route 25) with the northeasterly side of VIfells Road;
RUNNING THENCE along the southpasturly side of Main Road (Route ;25),-
1)
25):1) North 40 degree;, 30 minutes 08 seconds East, 42,51 vet;
2) North 43 ;degrees 23 minutes 48 seconds East, 107.2e feet to land now or
formerly of Ho;
RUNNING) PIENCE along said land:
1) South 53 degrees 00 minute 52 seconds East, 95.83 feet;
2) South 45 Degrees 51 minutes 52 seconds bast 110,33 feet;
3} North 52 degrees �l6 minutes 38 seconds East, 81,77 feet to land now or
formerly of Andrade;
THENCE along said lend;
1) SOO)-38 degrees 52 minutes 32 seconds East, 168 fee
2) Noti h 59 d�grees ()1 minute 08 second,3 East, 116,33 fe
side of Richmond Creek;
t to the wf:.st"eriy
THENCE along the westerly side of Richmond Creek the following tie line
distances:
'I) South G degrees 18 minutes 52 second,15 East, 21,39 feet,
3) South 08 degree` 16 minutes ()8 secou�r ,
h 32 de' ree�, �. Is West; 45,48 feet;
g 07 minutes 54 secorlds East, 57,32 feelt;
4) South 2"0 debreos 07 minutes 38 secotyds East, 93.11 feet;
5) South 11 degrees 323 minutes 15 secolids East, 45,13 fee;;
6) South 2�3 degrees 0f3 minutes 31 seconds East, 29,74 fee;;
7} ,South 3,5 degrees 00 minutes 26 seconcls East, 53,15 fee,;
8) South 16 degrees 56 minutes 52 seconds East, 77. 3 feet;
9). South 41 degrees 49 minutes 47 seconds East, 123,35 feet;
10;)South 25 degrees 08 minutes 38 SEIG6nds East, 125,22 feet;
11)South �1 degrees 03 minutes 34 seconds East, 33,70 feet;
12)8obth PO degrees 25 minutes 10 sec,:onds West, 61.25 fMet;
13)South 06 degrees 17 minutes 05 secc►nds West 48.33 feet;
14)South 04 degrees 4.2 minutes 27 seconds East, 50, �1 feet to land now or,
fornierl'r of Mlunzlo;
THENCE along said land;
1) North 33 degrees 17 minutes 02 seconds West, 146,45 feet;
.2) South 5;6 degrees 42 minutes 58 5,econds West, 82 f eft f;o land now or
formerly of Zaneski;
THENCE along said land;
1) North 33 degreE►s 17 minutes 02 seconds West, 200feet;
2) South 56 degrees 42 minutes 58 scjcc)nds West, 1.38, feet to the easterly sldE►
Of Welis lRoad; and
THENCE alone.the easterly side of Well,,; (Road, North 3%1, decrees 17 minutes
02 seconds West, 791,4 ► feet to the corner at the point c r' plzice of f3EC3INNING,
i
DECLA.RATIOM AND COVENANT
SO'UTHOLD TOWN; PLANNING BOARD
THIS DECLARATION made thdy clay of,U.U_ 200E byi Jahn G. Scott,
III, residing at 1275 Lands End Road, cr.l nt 115157, hereinafter
I
:referred to as the Declarant, States as follows:
WHEREAS, Declarant is the owner of certain real property
situate at Peconic, in the Town of Southold, Suf olll<: County, New
York, :more particularly bounded apd described as set''- forth in
Schedule "A" annexed hereto as provided by the D cl�l rant; and
WHEREAS, for and in consideration of the gr ntli.ng of
subdivision application entitled, "Standard Subd'viEI3ion of John
Scott" prepared by Young and Young, Licensed Lan St�rveyo:rs, and as
a condition of granting said approval, the Town ofI9outhold
Planning Board has required that the within Decl radion be recorded
in the Suffolk County Clerk' s Office; and
WHEREAS, Declarant: has considered the foregoing and determined
that same will be in the best interest of the De clax�iant and
subsequent owners of said parcel; �
NQW, THEREFORE, THIS DECLARzFN,T WITNESSETH:
That Declarant:, for the purpose of carrying outi the intentions
above expressed does hereby make known, admit, p �bli'sh, covenant
and agree that the said premises herein described shall hereafter
be subject to the following covenants which shall rul'c with the land
and shall be binding upon all purchasers and holders of said
premises, their heirs, executors, legal represent tiz�,es,
distributees, successors and assigns, to wit;
(1) Pursuant to Chapter 236 Stormwater, Gradi g SI.nd Drainage
Control Law of the Southold Town Cade all storm w ter, runoff
resulting from the development of any or all of t2le Bots on the
subdivision map shall be retained on site and shall lire the
responsibility of each property owner;
I
(?') Prior to any construction activity on an , o:f the lots on
the approved subdivision map, the project will reIuires a General
Permit for the storm water runoff from construction aictivity (GP-
02-01) administered by the New York, State Department of
Environmental Conservation under a ;Phase II State Pol�l.ution
i
Discharge Elimination System;
I�
(3) No Storm water runoff rEtsulting from t e development and
improvement of the., lots shown on ,the approved m p ehall be
discharged into tkie wetlands or Richmond Creek in by manner;
(4) Prior to issuance of a Certificate of CCJ.Pancy Declarant
shall install gutters, leaders and subsurface d y weslls to retain
surface runoff;
(5) Declarant shall use native plants and dise ase-resistant
and drought tolerant plants and landscaping.
i
i
(6) Declarant shall not apply and use synthlatic pesticides and
fertilizers capable of entering surface and potable water supply.
(7) Declarant shall use pervious driveways to serve each lot .
(8) The Declarant covenants that a 5o foot Non
Disturbance/non-fertilization Vegee'tation buffer reel is depicted on
Lots 1, 2 and 3 . It is hereby understood that t e 5I0 foot:: Non
Disturbance/non-fertilization Vegetation bufferrea is intended to
preserve the existing trees and natural
growth. area is
within
this area shall remain in its natural state in perpetuity.
Permitted activities within the bu;Efer are limited to the removal
of dead, diseased trees that are h��zardous to lifeo'c• property.
Notwithstanding the above, the Norl, Disturbance/no -fl:rtilization
Vegetation buffer area may be supp�.emented with a dilI:ional native
vegetation subject to review and approval of the Ou�:hold Town
Planning Board and Southold Town Trustees pursuan to Town Code
275--3 .
(9) There shall be no disturbance of any kind i .e , mowing,
clearing, grading) within the 50 foot Non Disturb ncel/non-
fertilization Vegetation buffer area, except as p ovilded herein.
This includes, but. is not limited to, the prohibi ionl of structures
or clearing of any kind, except to establish a 4 foot) wide
i
unimproved, ' natttraal access path located within the .LO foot
pedestrian access easement on Lot. 3 . Pursuant tc Chlapter 275
Wetlands and Shorelines; the access path must bE reviewed by the
Southold Town Trustees and other ,jurisdictional ageIlcies.. No
grading or changes to the natura..l, contours of t e land shall be
permitted within. this area.
I
(10) Landward of the 5o foot buffer, shown on the filed. map � he
Declarant is permitted to underta}ce seasonal mown 6
g (farm cut) to to
control seasonal growth of such .noxious plants as. briers and poison
ivy. As stated in Clause 9 above, this 5o foot b ff(:r is to remain
in an °undisturbed buffer" , therefore mowing, cl aring or grading
is not a permitted activity.
(11) The Declarant covenants to retain all mar ed existing trees
on-site to comply with Section 161.-44 . Street tr esofthe Southold
Town Code, as indicated by the at:t;ached aerial, ated October 29,
2008 and agreed upon by the DeclZLr;ant and the South Id Town
Planning Board. The attached aerial, dated Octo er 29, 2008
(Schedule B) indicaLtes the location of both indi-idual treses and
clusters of trees both on the property and along the perimeter of
the property on State Route 25 anWells Road, he It
f'= .rees consist
of the following Species ; Birch, Cherry, Norway M plc:, Red Cedar
and Red Maple . Clearing of the tres or any actio mi to cause
the death of the mapped trees is prohibited. The Declarant further
covenants that once the existing tVees naturally xpiire, they shall
be replaced with the same or simi'l�ir species to ctmPly with the
Southold Town Code Section 161 .44 .
(12) Prior to issuance of a certificate of occu ancle:
y, th
respective owners off lot: 2 and 3 shall plant their re�spect:i.ve
portion, of a "Planted Cluster" , gas; shown on the ffiled map, which
is intended to mitigate the visual. !impacts of the newt home along
Wells Road. There shall be a 60 foot wide lands aped buffer
planted, with native vegetation located on lot 1 a jacI(ant to New
York State route 25. The buffer shall run north to south along the
I
' I
..... . ...._........_.------
41
I
western property Gine of Lot 1 J--
or a distance of 150 feet in
length.
(13) Declarant grants the continuing right in per.petuity to the
Town of Southold, any of its designated represemta�ives or any
owner of property within the subdivision to enf rc ' the conditions
and restrictions of the covenants, and to take any legal action it
deems necessary to enforce the conditions and r .ststictions of the
covenants. Theserights of inspection and enfo cerr�ent shall be
binding upon dec :letrant, their heirs, executors, legal
representatives, distributees, .successors, assi ns and transferees.
i
(14) Pursuant. to chapter_ 240-49 of the South ld Town Code,
clearing Of eaC171 l.ot shall be restricted to 35°6 of Ithe total land
area.
(15) There shall be no further subdivision of an,y lots in
perpetuity.
(16,)There shall be no changes iso the lot line W .thout Planning
Board lapproval .
(171;) Future residents of the lot;s are advised that; the lots are
subject to the noise, dust and odors normally as ociIated with
agricultural; activities pursuant to Article XXII Farmland Bill of
Flighta of the Southold Town Code.. .
(18) These covenants and restrictions shall run with, the land
and shall be bindiizg upon the IDer..l,arant, , his suc es.liors and
assigns, and upon all persons or Entities claiming under them, and
may be; termi'pated, revoked or amended by the owner >f the property
only with the written consent of the Town of Sou hod granted by a
majority plus one vote of the Planning board, of er a public
hearing.
-- CERTIFICATION TIDAL NOTES D
-1 4 MHW EL. 1.0 -0.1 _ /
1 Hereby certify that this is a true copy of a portion of the surrey of this __f_ ---1.3 MSL EL. -0.3 -°'���� -1.1 f
-1.6 1.8 '-\`1.4 __t.4 -1.3 -1.0 MLW EL. -1.7 .'^-1.3 \ �T -1.2 a JUL I R 2022
property by American Engineering & Land Surveying P.C., -1.6 -� - 31.0 i �j 1.5
-- -2>I �_ -1.3 -1.0 _//-1.5 G_ /�7 -1.4
_
Dated July 4, 2012. No details or features which could bear J --l-l -2 2 \ -1.7 `_` �'112 \\\ �'/ L- // o `�y� �1 �, 30Old TOW11
-2.4 -2-2 -� -2).1 ---� \� -1.6 ® -
upon this application have been omitted 2 6 - _ -2.4 ��\ 1 \- -2.¢\ �afd f- SteN\ -0.7
\Z�`'Z51. -2.3 - -------�-22 ��106 ® -1.8
-2.4 -2.5 -2.5 \ ---=29 -2.2 -2.1 \ ® - ® ,® 1.5
`\ -2.2 -2.5 -2.4 -2.3 -2.1 -2.3 �,9
Michael A. 6Cimack,Agent, September S, 2021 ` -2.4 & -2.3 \ \\
-2.3 -2.5 -2-5
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-2.3
-18 �5 h -2.5
1.4 CREZ t -2.3
-57
9' - 2.4
walka total len ht: -2'4 -25 -2.3; 520 -
-2.2_ -r-1.3�-/ Three (3) Fixed Docks
- r^ - - -1.6 126 feet 2.5 �-
�a�.�Q �� �` - - •ate _ �_����0.�3 tel\ �� -1 `(S�Q J E ft- -2.4 -2.4 @ 24 Ft. ea.,72 ft.total I 7 \ -2.1
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All
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tr / 2.5
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TOTAL LOT AREA �� '� \ I \
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2.278 ACRES. -2.6 1 NRF6� \ ,Z `\ -- ^` \\ \` \\\ -1.9 -� `\ -2.$
/ \ moo,
CED `\ /� _LAPiN- \ cm\\ \�-�\` 4
6" / 1� L\�1F \\ _ �'t�RNE _ PLNT.
I ;,HED ;
CED
Co
6.9 (N33'17'47"W)
6.7 �' LAND N06'J OR FORMERLY
_ * RESIDENCE W/ PUBLIC--
UBLIC \\� \\
Lt ` dT�, , g WATER J J \,M
4`� ALFRED N. DINUNZIO JR., NO WELLS FOUND
2 8
BARBARA H. DINUNZIO
EASEMENT PORTION OF LOT 3a STANDARD
6.9
a _
SUBDIVISION OF JOHN SCOTT end RICHMOND CREEL(
1� I 7.2 . - _ 13 . o . 33is
coT
�n�.
r. ar
7.8s ® 2 STY. FRAME #1235
DANIELLA C. RAVN & STEPHEN RAVN, OWNERS
h 1 I PROP.3'H POST.&f-PUti a--
`t I / __ $•1 -H PINE V7 N' 625 WELLS ROAD, SCTM: 1000-75-06-3.3 ( lot 3)
ol. . -3 / / 8.8 W lASVN - P.
jl I ° �33''vh.0296..
T a a o. ® a. ® �W®® a
/ - Q U r � EF. 200,00 PROPOSED INSTALLATION OF FIXED WALKWAY
CD (N33'17'47°W) I
o
v ,
---- - , and 3 FIXED DOCKS FOR LOPS 1, 2, & 3
o POOL I SITE PLAN; DOCK LAYOUT
I LAND NOW OR FORMERLYC.L HEDGE I I SCALE:1 INCH= 30 FEET By: Michael A. Kimack Dated: September 5, 2021
=
ON LINE_t
GEORGINE ZANESKI
Rev. October 8,2022
--- - ------�. _ .•- - -------- .-. .. . --_ - - .
§ 280-13 SOUTHOLD CODE § 280-13
(d) There shall be no exterior effect,at the property-line, such as noise, traffic,
odor; dust, smoke, gas, fumes or radiation.
(e) Studios where dancing or music instruction•is offered to groups in,excess of
five pupils at one time or where concerts or recitals are held are prohibited.
(f) In no manner shall the appearance of the building be altered, nor shall the
occupation be conducted in a manner that would cause the premises to lose
its residential character, including but not limited to the use of colors,
materials, construction or lighting.
(g) Notwithstanding anything set forth elsewhere in this article, home
occupations, home business offices and home professional offices shall in no
event be deemed to include animal hospitals, kennels, baiibershops, beauty
parlors, clinics or hospitals, mortuaries; nursery schools, clubs, auto repair
shops, restaurants, tourist homes, rooming houses or boardinghouses and uses
similar to those listed aboye.12
(h) Home occupations, home business office and home professional offices shall
not.include manufacturing, fabrication or construction of any type on.the site.
(i) The outdoor storage of equipment necessary for residents connected with
i3 aquaculture shall be screened.from view and shall conform .to the setbacks
for accessory structures.
(3) Boat docking facilities for the docking, mooring or accommodation of
noncommercial boats, subject to the following requirements: i
(a) There shall be docking or mooring facilities for no more than two boats other
than those owned and used by the owner of the premises for his personal use.
(b) The Town Trustees shall approve new.boat docking facilities.
(c) Boats at such docking facilities shall not be used for overnight sleeping
purposes.
(4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming
pool or tennis court incidental to the residential use of the premises and not
operated for gain, subject to the following requirements:
(a) Any swimming pool shall be completely enclosed with a permanent chain
link (or similar type) fence of not more than two-inch mesh, not less than
four feet in height, erected, maintained and provided with a self-closing,
self-latching gate to prevent unauthorized use. of the pool and to prevent
accidents. However, if said pool is located more than four feet above the
ground, then a fence is not required, provided that all points of access to said
pool are adequately protected by a self-closing, self-latching gate. Any
swimming pool in existence at the effective date of the provisions of this
12. Editor's Note: Former Subsection C(2)(h), regarding signs, which previously followed this subsection, was repealed
11-29-1994 by L.L.No.25-1994.For current sign provisions,see Art.XIX,Signs.
280:36 05-01-2006
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Project Description
Construct a 4 ft. x 126 ft .fixed walkway with staircase ( 504 SF ), raised a minimum of 4 ft.
above wetlands and a continuous railing set at three (3) ft. on the landward side. The decking
shall be composed of thru flow continuous. The first 56 feet of walkway to be supported with
4" square green heart pilings ( 24) set at 8 ft. O.C. and cross braced.The remaining 70 ft. of
walkway to be supported with 8" diam. pilings at 8 ft. O.C. Construct three (3) 4 ft. x 24 ft.
fixed docks (288 SF ), with thru flow decking, 8" diam pilings and 5 step Float stop Alum.
Dock ladders O.E. (39- 8" diam. pilings), Total area of fixed walkway and docks = 792 SF
rOCT
9 2022
Southold Town
Board of Trustees
Michael A. Kimack
ATTORNEY AT LAW D
P.O. Box 1047
Southold,N.Y.11971
GCT 19 2022
Cell No. 516-658-6807
E-mail: mkimack2averizon.net �WUMWd Ww_*
Nst@8s
October 14, 2022
Re: Ravn Property, 625 Wells Road, Peconic
SCTM: 1000-75-6-3.3
To Southold Trustees
I respectfully request a pre application meeting on the premises to discuss a proposed dock to
serve three (3) lot owners as required by the Planning Board in their approval of the minor
subdivision. The proposed dock will be situated off premises. There will be no additional
clearing for a pathway as the lot is primarily grassland.
Sincerely,
Michael A. Kimack, Agent
Board of Trustees Application
AUTHORIZATION
(Where the applicant i;, not the owner)
e- P AY V A/
owners of the property identified as SCTMU 1000- '7S_�6 �,�3 ^—_ in the town of
- c, New York, hereby authorizes
to act as my agent and handle all
necessary work involved with the application prc,ces!, for permits) :from the Southold Town
Board of Trustees for this property.
Property Owner's Signature Property 's Signature r
04N46-ZZ W C, X A VR/ 17)P
l71V
SWORN TO BEFORE ME THIS —J�� — DAY OF ,� r�,(l>!t 2022-----]\Iota Pu.�) -------- - (� n �p 2
TONIA SALOUERO D
NOTARY PUBLIC,STATE OF NEW YORK
RC E
egistration No.01SA6242766
Qualiried in Queens County
Commission Expires June 1,3,2023 OCT 1 Q 2022
Southold Town
Soard of Trustees
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DECLARATION AND COVENANT
SOUTHOLD TOWN PLANNING BOARD
THIS DECLARATION made the'J)day o€J 2008 by John G. Scott,
III, residing at 1275 Lands End Road, Ornt NY 11957, hereinafter
referred to as the Declarant, states as follows :
WHEREAS, Declarant is the owner of certain real property
situate at Peconic, in the Town of Southold, Suffolk County, New
York, more particularly bounded and described as set forth in
Schedule "A" annexed hereto as provided by the Declarant; and
WHEREAS, for and in consideration of the granting of
subdivision application entitled, "Standard Subdivision of John
Scott" prepared by Young and Young, Licensed Land Surveyors, and as
a condition of granting said approval, the Town of Southold
Planning Board has required that the within Declaration be recorded
in the Suffolk County Clerk' s Office; and
WHEREAS, Declarant has considered the foregoing and determined
that same will be in the best interest of the Declarant and
subsequent owners of said parcel;
NOW, THEREFORE, THIS DECLARANT WITNESSETH:
That Declarant, for the purpose of carrying out the intentions
above expressed does hereby make known, admit, publish, covenant
and agree that the said premises herein described shall hereafter
be subject to the following covenants which shall run with the land
and shall be binding upon all purchasers and holders of said
premises, their heirs, executors, legal representatives,
distributees, successors and assigns, to wit:
(1) Pursuant to Chapter 236 Stormwater, Grading and Drainage
Control Law of the Southold Town Code all storm water runoff
resulting from the development of any or all of the lots on the
subdivision map shall be retained on site and shall be the
responsibility of each property owner;
(2) Prior to any construction activity on any of the lots on
the approved subdivision map, the project will require a General
Permit for the storm water runoff from construction, activity (GP-
02-01) administered by the New York State Department of
Environmental Conservation under a Phase II State Pollution
Discharge Elimination System;
(3) No Storm water runoff resulting from- the development and
improvement of the lots shown on the approved map shall be
discharged into the wetlands or Richmond Creek in any manner;
J
(4) Prior to issuance of a Certificate of Occupancy Declarant
shall install gutters, leaders and subsurface dry wells to retain
surface runoff;
(5) Declarant shall use native plants and disease-resistant
and drought tolerant plants and landscaping.
(6) Declarant shall not apply and use synthetic pesticides and
fertilizers capable of entering surface and potable water supply.
(7) Declarant shall use pervious driveways to serve each lot.
(8) The Declarant covenants that a 50 foot Non
Disturbance/non-fertilization Vegetation buffer area is depicted on
Lots 1, 2 and 3 . It is hereby understood that the 50 foot Non
Disturbance/non-fertilization Vegetation buffer area is intended to
preserve the existing trees and natural growth. Vegetation within
this area shall remain in its natural state in perpetuity.
Permitted activities within the buffer are limited to the removal
of dead, diseased trees that are hazardous to life or property.
Notwithstanding the above, the Non Disturbance/non-fertilization
Vegetation buffer area may be supplemented with additional native
vegetation subject to review and approval of the Southold Town
Planning Board and Southold Town Trustees pursuant to Town Code
275-3 . ( -
(9) There shall be no disturbance of any kind (i.e. mowing,
clearing, grading) within the 50 foot Non Disturbance/non-
fertilization Vegetation buffer area, except as provided herein.
This includes, but is not limited to, the prohibition of structures
or clearing of any kind, except to establish a 4 foot wide
unimproved, natural access path located within the 10 foot
pedestrian access easement on Lot 3 . Pursuant to Chapter 275
Wetlands and Shorelines; the access path must be reviewed by the
Southold Town Trustees and other jurisdictional agencies. No
grading or changes to the natural contours of the land shall be
permitted within this area.
(10) Landward of the 50 foot buffer, shown on the filed map _ he
Declarant is permitted to undertake seasonal mowing (farm cut) to
control seasonal growth of such noxious plants as briers and poison
ivy. As stated in Clause 9 above, this 50 foot buffer is to remain
in an "undisturbed buffer" , therefore mowing, clearing or grading
is not a permitted activity.
I
(11) The Declarant covenants to retain all marked existing trees
on-site to comply with Section 161-44 . Street trees of the Southold
Town Code, as indicated by the attached aerial, dated October 29,
2008 and agreed upon by the Declarant and the Southold Town
Planning Board. The attached aerial, dated October 29, 2006
(Schedule B) indicates the location of both individual trees and
clusters of trees both on the property and along the perimeter of
the property on State Route 25 and Wells Road. The trees consist
of the following species : Birch, Cherry, Norway Maple, Red Cedar
and Red Maple. Clearing of the trees or any action made to cause
the death of the mapped trees is prohibited. The Declarant further
covenants that once the existing trees naturally expire, they shall
be replaced with the same or similar species to comply with the
Southold Town Code Section 161 .44 .
(12) Prior to issuance of a certificate of occupancy, the
respective owners of lot 2 and 3 shall plant their respective
portion of a "Planted Cluster" , as shown on the filed map, which
is intended to mitigate the visual impacts of the new home along
Wells Road. There shall be a 60 foot wide landscaped buffer
planted with native vegetation located on lot 1 adjacent to New
York State route 25. The buffer shall run north to south along the
western property line of Lot 1 for a distance of 150 feet in
length.
(13) Declarant grants the continuing right in perpetuity to the
Town of Southold, any of its designated representatives or any
owner of property within the subdivision to enforce the conditions
and restrictions of the covenants and to take any legal action it
deems necessary to enforce the conditions and restrictions of the
covenants. These rights of inspection and enforcement shall be
binding upon declarant, their heirs, executors, legal
representatives, distributees, successors, assigns and transferees.
(14) Pursuant to chapter 240-49 of the Southold Town Code,
clearing of each lot shall be restricted to 35% of the total land
area.
(15) There shall be no further subdivision of any lots in
perpetuity.
(16)There shall be no changes to the lot lines without Planning
Board approval.
(17) Future residents of the lots are advised that the lots are
subject to the noise, dust and odors normally associated with
agricultural activities pursuant to Article XXII, Farmland Bill of
Rights of the Southold Town Code.
(18) These covenants and restrictions shall run with the land
and shall be binding upon the Declarant, his successors and
assigns, and upon all persons or entities claiming under them, and
may be terminated, revoked or amended by the owner of the property
only with the written consent of the Town of Southold granted by a
majority plus one vote of the Planning board, after a public
hearing.
(18) If any section, subsection, paragraph, clause, phrase or
provision of these covenants .and restrictions shall, by a Court
of competent jurisdiction, be adjudged illegal, unlawful, invalid
or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole or any other part or
provision hereof other than the part so adjudged to be illegal,
unlawful, invalid, or unconstitutional.
(19) The aforementioned restrictive covenants are intended
for the benefit of and shall be enforceable by the Town of
Southold, State of New York, by injunctive relief or by any other
remedy in equity or law. The failure of said agencies of the
Town of Southold to enforce same shall not be deemed to affect
the validity of this covenant nor to impose any liability
whatsoever upon the Town of Southold or any officer or employee
thereof.
(20) The within Declaration is made subject to the
provisions of all laws required by law or by their provisions to
be incorporated made a part hereof, as though fully set forth
herein. That the within Declaration shall run with the land and
shall be binding upon the Declarant and his successors and
assigns and upon all persons or entities claiming under them, and
may not be annulled, waived, changed, modified, terminated,
revoked or amended by subsequent owners of the property unless
and until approved by a majority plus one vote of the Planning
Board of the town of Southold or its successors, after a public
hearing.
IN WITNESS WHEREOF, the Declarant has hereunto set its hand
and seal the day and year above written.
hn G. Scott, III
STATE OF NEW YORK )
SS. .
COUNTY OF SUFFOLK )
On the'72,c��day of _M�r before me, the undersigned,
a notary public in and <or said State, personally appeared John q:,.
Scott"Personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity, and that by his signature
on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
otary lic•
PMNS
Mn�.rAic.� N@WV+A
tro.oOPEe130e9e NJ.�
Carrr�,smrdh Coint� �}
E�k�sJuy 7
SCHEDULE "A" DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at
Peconic, Town of Southold, Suffolk County, State of New York, bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the southeasterly side
of Main Road (Route 25)with the northeasterly side of Wells Road;
RUNNING THENCE along the southeasterly side of Main Road (Route 25):
1) North 40 degrees 30 minutes 08 seconds East, 42.51 feet;
2) North 43 degrees 23 minutes 48 seconds East, 107.28 feet to land now or
formerly of Ho;
RUNNING THENCE along said land:
1) South 53 degrees 00 minute 52 seconds East, 95.83 feet;
2) South 45 degrees 51 minutes 52 seconds East, 110.33 feet;
3) North 52 degrees 36 minutes 38 seconds East, 81.77 feet to land now or
formerly of Andrade;
THENCE along said land:
1) South 38 degrees 52 minutes 32 seconds East, 168 feet;
2) North 59 degrees 01 minute 08 seconds East, 116.33 feet to the westerly
side of Richmond Creek;
THENCE along the westerly side of Richmond Creek the following tie line
distances:
1) South 0 degrees 18 minutes 52 seconds East, 21.39 feet;
2) South 08 degrees 16 minutes 08 seconds West, 45.48 feet;
3) South 32 degrees 07 minutes 54 seconds East, 57.32 feet;
4) South 20 degrees 07 minutes 38 seconds East, 93.11 feet;
5) South 11 degrees 38 minutes 15 seconds East, 45.13 feet;
6) South 23 degrees 08 minutes 31 seconds East, 29.74 feet;
7) South 35 degrees 00 minutes 26 seconds East, 53,15 feet;
8) South 16 degrees 56 minutes 52 seconds East, 77.43 feet;
9) South 41 degrees 49 minutes 47 seconds East, 123.35 feet;
10)South 25 degrees 08 minutes 38 seconds East, 125.22 feet;
11)South 31 degrees 03 minutes 34 seconds East, 33.70 feet;
12)South 00 degrees 25 minutes 10 seconds West, 61.25 feet;
13)South 06 degrees 17 minutes 05 seconds West, 48.33-feet;
14)South 04 degrees 42 minutes 27 seconds East, 50.31 feet to land now or
formerly of DiNunzio;
THENCE along said land:
1) North 33 degrees 17 minutes 02 seconds West, 146.45 feet;
2) South 56 degrees 42 minutes 58 seconds West, 82 feet to land now or
formerly of Zaneski;
THENCE along said land:
1) North 33 degrees 17 minutes 02 seconds West, 200 feet;
2) South 56 degrees 42 minutes 58 seconds West, 138 feet to the easterly side
of Wells Road; and
THENCE along the easterly side of Wells Road, North 33 degrees 17 minutes
02 seconds West, 791.49 feet to the corner at the point or place of BEGINNING.