HomeMy WebLinkAbout1000-102.-1-33.3 \\vhb.com\gbl\proj\Hauppauge\29305.01 Rimor-Updated Site Plans\05-Work\cad\Id\Planset\3-29 05.00-LM.dwg 38'-6" 38'-6" E
38"-6"
�- 0P11DNAL COVERED r nD�A� m -� Parking Summary Chart Sign Summary Zoning Summary Chart
PORCH 39'-10"
15'-10"x 5'-0' F 155-mAL O im- 15'-10'PORCH'-0' .�
52"-2" o COVERED _�- 00 ❑o Parking Requirements: MNumbe D' Specification g ( ). ty ( )
Desc. Zonin District S Hamlet Densi Residential HD
o COVERED TWO-FAMILY Width Height
17"-8" 0 15P1COx ARE I 0" o COVERED COVERED o of PATIO AREA DWELLING 72 x 2 / 1 = 144 SPACES
r4
PA110 AREA PATIO AREA 15-10" x 10'-0' (2-BEDROOM) UNITS SPACES UNIT fi
14`-0" x 20`-0" ____ _ __ �__ . Two-FamilyDwellings
-
15"-10" x 10'-0" TWO-FAMILY 52 2.25 1 R1-1 30" 30' Proposed Use: g s
o❑ ❑❑ DWELLING / = 117 SPACES i (Condominiums) - 124 Units
COVERED (3-BEDROOM) UNITS x SPACES UNIT
PATIO AREA
17'-8" x 10'-0" COMMUNITY 6,188 1 / 300 _ 21 SPACES ...._.._..........__........._. ._.................. . ........__...._......._....,.. Overlay Dlstrict(S): N/A
47,
CENTER SF x SPACE SF - RESERVED
I PARKING
R7-8 12" 18" Stipulation Of Settlement
TOTAL PARKING REQUIRED = 282 SPACES Required Provided
LIVABLE AREA= 1,599SF LIVABLE AREA= 1,999 SF I
- 1 STORY CO _ o - 2 STORY Requirements
o LIVABLE AREA- 1,999SF LIVABLE AREA- 1,599SF I LIVABLE AREA- 1,599SF I j i MAXIMUM NUMBER OF UNITS 130 Units 124 Units
0 0 0 _..___- - - ._.._a__.__._____ ;_.. __ ._ ..._ _
2 STORY 1 STORY r 1 STORY o �, Parking Provided. _....__._..._..__.........................._... ......._._.................................._....._......................._.._._............_..................... -'-....._.........................._.._..............._......._......................-----.._.........._....._.....
i 000 s . Ft. 219,o7s sq. Ft. Engineering, Surveying,
NO PARKING MAXIMUM FLOOR AREA (LIVABLE) 245, q
`O I i� 'n STANDARD ACCESSIBLE TOTAL I ANY Landscape Architecture
'n ........................_..........._...._................... . .. . ........................_._._.i._. R7-1 12" t8" TIME Zoning Regulation Requirements HD Residential Provided and Geology, PC
......................................................
d GARAGE - - I �y Requirements
2 CAR GARAGE 2 CAR GARAGE 2 CAR GARAGE (19'X19' MIN.) 248 SPACES
j_ ____. __ _. .__.__.._, 100 Motor Parkway
18'-2" x 20'-0' 18'-2" x 20"-0" 18'-2" x 20'-0" "-""-`"-"`"-""" """-"-'•"-"; MINIMUM LOT AREA 20,000 Sq. Ft. 2,003,582 Sq. Ft.
2 CAR GARAGE UNIT A PARKING LOT
!
20-0 x 21 -0 GD GD GD GD (9'X20" MIN.) - - 8 SPACES LOT WIDTH 75 Feet 216.51 Feet Suite 350
2 CAR GARAGE GD GD I
W11-2 30. I 30" I ..................__........__.._...--.................__....._..._....._.........._....................__..__............................_...__._._.._............_...._...._.._._....__..................._._...........--_................................_..................._...._.................__......._..-_.._............._.....
: 22'-0' x 20'-6" VISITOR/ CLUB HOUSE LOT DEPTH 120 Feet 1792.61 Feet Hauppauge, NY 11788
0 24 SPACES 4 SPACES 28 SPACES - -
I
❑ ❑ 9'X19'
( ) 35 Feet 06.6 Feet
FRONT YARD SETBACK ,
GD GD GD GD ...................................._.................................... ........................._.........................._..__..................................... 631.787.3400
17 � TENNIS COURTS 3 SPACES 2 SPACES 5 SPACES -
SIDE YARD SETBACK/COMBINED SIDE YARD 15/30 Feet 821 Feet/ 181.2 Feet
.._....__...................................._....................._..........._......................._....................._._............................................... ................................._.................. R6-1R 36 12 35 Feet
32'-0" 22'-2" ONE WAY REAR YARD SETBACK 78 9 Feet
TOTAL PARKING PROVIDED 289 SPACES
21'-4" 18'-6" 18'-4" 18' - 6" 16"-9" 19"-10" 21'-4" 18'-6" MINIMUM LIVABLE FLOOR AREA ( SQUARE FEET PER NOTES:
DWELLING- --1-•- -- -- - - DWELLING UNIT)
850 Sq. Feet 1,599 Sq. Feet
1. CODE REQUIRES SPACES TO BE 9'X19" MIN. ......... ._...._.. .._._.. ............... ................. ................................................................... . ...... ..........._..... ' .......... . .. .............. _._...._......
MAXIMUM LOT COVERAGE 25% j 16.92%
Unit Type A (48 Units) Unit Type B (26 Units) Unit Type B1 (34 Units) Unit Type B2 (12 Units) Unit Type C (4 Units) 2 ROEC EAl10NAL FACILITYMMUNITY CENTER CULAl10NS BASED ON REQUIREMENTS FOR R5-1 30' 1 30" MAXIMUM BUILDING HEIGHT 35 Feet 35 Feet
N.T.S N.T.S N.T.S N.T.S N.T.S 3. ADA/STATE/LOCAL REQUIREMENTS FOR THE CLUB HOUSE: SPACES
_{_�_. _ MAXIMUM NUMBER OF STORIES 2 2
BETWEEN 26 TO 50 STALLS REQUIRE TWO ACCESSIBLE SPACES. (1106.1 ;
NOTES: NYS BUILDING CODE) ' Town of
AUTHORIZED
1. SEE ARCHITECTURAL PLANS BY GRCH ARCHITECTURE PC FOR FURTHER DETAIL. 4. DRIVEWAYS ARE NOT COUNTED IN PARKING SUMMARY. R5-11 I 30" [ 24" VEHICLES Southold
5. ON-STREET PARKING EXCLUDED FROM TOTAL PARKING COUNT. ONLY Zoning Regulation Requirements Provided
! Residential
!" I Requirements
[ NO MINIMUM OPEN SPACE SET-ASIDE 50% j 50%
R8-3X 24" OVERNIGHT '
Site Plan Update Note 30" MINIMUM SETBACK 75 Feet 78.9 Feet
I
pI PARKING .................................._.._..._......_...__............................._........._....__.._._._.._..........._........_._ ......................._...._.._ .................................................._...._..__._.._..._...._....._.......................__..._.._................................_--......................_.....<
i
MINIMUM BUFFER 50 Feet 1 50 Feet
ALL SITE PLAN DETAILS WITH THE EXCEPTION OF THE WALKING '
TRAIL REMAIN IN EFFECT AND ARE CONSISTENT WITH THE _,._.... ._. . _ __ _____,__....__ ._ s BASED ON SECTION 280 ATTACHMENT 6 FOR PROPERTIES >39 ACRES
ORIGINALLY APPROVED SITE PLAN DATED SEPTEMBER 26, 2017. NOTES:
PARKING 1. SEE OPEN SPACE PLAN FOR AREA CALCULATIONS
? BETWEEN
R8-2X 24" 30" SIGNS
W ONLY
General Notes
E
PARK 1. TRASH TO BE COLLECTED CURBSIDE AT EACH UNIT.
F-�-i BETWEEN 2. MAIL BOX CLUSTER TO BE LOCATED IN COMMUNITY BUILDING
I V R7-XL 12" i 18 SIGNS (SEE ARCHITECTURAL FLOOR PLANS FOR LOCATION).
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I R7-XR 12' 18' SIGNS i
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BARBARA GRATTAN
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3050 HIGHLAND ROAD- _._., __. _ ; [ I 1_... _; I r � SOUTHOLDTOWN C7 ��14 �' l d3
CUTCHOGIfE, NY 11935' l PLANNING BOARD
No F 1 m Gycm2oO
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SCALE IN FEET �DSSI{ j;{ 2 28
s IT IS A VIOLATION OF SECTION 7209 OF ARTICLE
145 OF THE NEW YORK STATE EDUCATION LAW
-p FOR ANY PERSON TO ALTER ANY DOCUMENT THAT
BEARS THE SEAL OF A PROFESSIONAL ENGINEER, project Number
p UNLESS THE PERSON IS ACTING UNDER THE
0 DIRECTION OF A LICENSED PROFESSIONAL 29305.00
ENGINEER
SCDHS Reference # C10-06-0013
FINNEGAN LAW, P.C.
13250 MAIN ROAD
P.O. BOX 1452
MA-fTITUCK, NEW YOP,_K 11952
(631) 315-6070
MARTIN D. FINNEGAN, ESQ.
MFINNEGAN@N0R-THF0&K.LAW
.............. ...............
By Hand :S"wr-
P3, RLji"1'Tji3C.,/MC
May 22nd
, 2025
Southold Town Planning Board MAY 2 2 2025
James Rich III, Chairperson SOUTHOLD TOWN
54375 Route 25 PLANNING BOARD
PO Box 1179
Southold, NY 11971-0959
Re: Harvest Pointe Amended Site Plan Application
Premises: 75 Schoolhouse Lane, Cutchogue, NY 11935
SCTM #1000-102.00-01.00-f/k/a 033.003
Current Owner: Harvest Pointe Homeowner's Association, Inc.
Former Owner on Prior Site Plan: Rimor Development, LLC
Dear Chairperson Rich:
Enclosed please find the original Applicant's Authorization, Affidavit, and
Transactional Disclosure Form in connection with the above-referenced
application submitted on May 15th, 2025.
Thank you for your consideration.
Very truly„yours,
Martin Finnegan
MDF/ao
Enclosures
APPLICANT'S AFFIDAVIT
STATE OF NEW YORK
ss)
COUNTY OF SUFFOLK
Lou Liguori,being duly sworn, deposes and says:
I reside at 29141 Brendisi Way, Unit 101,Naples, FL 34110, and I am the President of the
Harvest Pointe Homeowner's Association, Inc., the Owner of Premises located at 75
Schoolhouse Road, Cutchogue,NY 11935 (the Heritage at Cutchogue a/k/a Harvest Pointe)
formerly known as Suffolk County Tax Map number 1000-102.00-01.00-033.003, and am
hereby making a Site Plan application; and
That there are not existing structures or improvements on the land which are not shown on the
Site Plan; that the title to the entire parcel, including all rights-of-way,has been clearly
established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan
which has not been abandoned both as to lots and as to roads;that I have examined all rules and
regulations adopted by the Planning Board for the filing of Site Plans and will comply with
same; that the plans submitted,as approved, will not be altered or changed in any manner
without the approval of the Planning Board; and that the actual physical improvements will be
installed in strict accordance with the plan as approved by the Planning Board.
HARVEST POINTE HOMEOWNER'S
4ASSOIC�L4iTION, INC.Louguori .
Title: President
Sworn before me this
day of May, 2025
Notary Publ ,'
SETH G BANK
Notary Public State of New York
NO.01BA6427783
Qualified in Suffolk County
My Commission Expires Jan 3, 2026
SOUTHOLD PLANNING DEPARTMENT
APPLICANT'S AUTHORIZATION
I, Lou Liguori, as President of the Harvest Pointe Homeowner's Association, Inc., the Owner of
the Premises located at 75 Schoolhouse Road, Cutchogue, NY 11935 (the Heritage at Cutchogue
iWa Harvest Pointe) formerly known as Suffolk County Tax Map number 1000-102.00-01.00-
033.003, hereby authorize Finnegan Law, P.C. and Martin D. Finnegan, Esq. to act as my agent,
hire any agents necessary, and handle all necessary work involved with the Site Plan application
process for the Premises with the Town of Southold Planning Board.
VPOINTE 110'M1+CWNER'S
ION,INC.Lao
Sworn before me this
day of May, 2025
Notary P lic
NoTaary PuubH ~Sta t¢e of New Y'or�k
NO,�»b1BA6477783
au Hf6 e err,StdfoCk County
y Cua¢n aifss�on Fx�aures.)an ,7026
Southold Planning Department
ent
Applicant
Transactional Disclosure Form
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers
and employees. The purpose of this form is to provide information which can alert the town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
Your Name: LOU LIGUORI, PRESIDENT OF THE HARVEST POINTE HOMEOWNER'S ASSOCIATION, INC.
Last,First,middle initial
unless you are applying in the name ofsomeone else or other entity,such as a company. lfso,
indicate the otherperson's or company's name.
Nature of Application: (Check all that apply)
Subdivision or Re-subdivision Site Plan x
Other(Please name other activity)
Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or
employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business
interest"means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
Yes No X
If you answered"Yes"complete the balance of this form and date and sign where indicated.
Name of the person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the
appropriate line A through D and/or describe in the space provided.
The town officer or employee or his or her souse,sibling,parent or child is(check all that apply):
A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the
applicant is a corporation);
B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not
a corporation);
C. an officer,director,partner or employee of the applicant;or
D.the actual applicant
Description of Relationship:
Submitted this �day of May
Signtrture
i
HARVEST POINTE MNOWNER'S ASSOCIATION,INC.
Print Name BY:LOU LIGUORI,eRESIDENT
Disclosure Form
FINNEGAN LAW, P.C.
13250 MAIN ROAD
P.O. BOX 1452
MATTITUCK,NEW YOKK 11952
(631) 315-6070
MARTIN D. FINNEGAN, ESQ.
MFINNEGANQNORTHFOKK.LAW
Sub.P
By Hand P1 , HL MTV ,t�'C
Q��[EOWIED
May 15�, 2025 MAY 1 5 025
Southold Town Planning Board SOUTHOLD TOWN
James Rich III, Chairperson PLANNING SOAR
54375 Route 25
PO Box 1179
Southold, NY 11971-0959
Re: Harvest Pointe Amended Site Plan Application
Premises: 75 Schoolhouse Lane, Cutchogue, NY 11935
SCTM #1000-102.00-01.00-f/k/a 033.003
Current Owner: Harvest Pointe Homeowner's Association, Inc.
Former Owner on Prior Site Plan: Rimor Development, LLC
Dear Chairperson Rich:
Further to my letter of August 13th, 2024 and with respect to the above-
referenced application, enclosed please find a check made payable to the Town
of Southold in the amount of$250.00 representing the required filing fee and
an original and one (1) copy of the following documents for your review:
1) Amended Site Plan Application Form.
2) Transactional Disclosure Form for Agent.
3) Letter dated 8/13/2024 with Exhibit "A" Amended Covenants and
Restrictions in Liber 13001 Page 543.
4) Ten (10) amended site plans prepared by VHB Engineering, Surveying,
Landscape Architecture and Geology, P.C. last revised 4/10/2025.
Our office will provide the Applicant's Authorization, Affidavit, and
Transactional Disclosure Form under separate cover.
I assume we can rely on the Local Waterfront Revitalization Program
(LWRP) Consistency Assessment Form and Environmental Assessment Form
that were submitted with the original site plan application.
Kindly advise if you require any further documentation to place this
matter on your next available agenda. Thank you for your consideration.
Very tri ours,
7r-.
Marti vegan
MDF/ao
Enclosures
12 M.-Q� M 41 0 vy I E I D
SOUTHOLD PLANNING BOARD MAY 15 2025
SITE PLAN APPLICATION FORM SOUTHOLD TOWN
PLANNING BOAR"
Site Plan Name and tocation (AMENDED)
HARVEST POINTE AT CUTCHO,GUE
Site Plan Name- AMENDED SITE PLAN Application DaW 5 .ww2025
.................
Suffolk County Tax Map noon- 102 33.3 Other SCTM #s
Street Address: 75 SCHOOLHOUSE LANE Hamlet: CUTCHOGUE
.............. ............................................................ .......
Distance to nearest intersection:
Type of Site Plan: New VAmended Residential Zoning District HD HA..MLET DENSITY RESIDENTIAL
. ...........
Owners/Agent Contact Information
Pleas tuun mail address, bone nu ap � mb r e Le qL/�, beloi�:
.................. e list............. ' e,
...�-- - ..... . _...... .................................. ........
Property Owner HARVEST POINTE HOMEOWNER'S ASSOCIATION INC.
............................................................
Street 57 MILLSTONE LANE
................—----------- ......
CityCUTCHOGUE State............NY Zip1 1935
.......... ........................... .
c/o Lou Liguori
Home Telephone _.631-793-40"09 Other
............................—----- ................................
.......... ................................... .................
Applicant SAME AS OWNER
................ ................................................
Street
......................................................—..........
City—- State ail.
.............................. --------- ...................... ......
Home Telephone-.- Other
.......... ........ ........................................ ................. ..........................................
Applicant's Agent or Representative:
Contact Person(s)* FINNEGAN LAW, P.C. - MARTIN D. FINNEGAN, ESQ.
....................
Street PO BOX 1452, 13250 MAIN ROAD
.......... .............
City MATTITUCK State NY Zip 11952
......................................... ........... ..............................
Office Telephone_ 631-315-6070
.........................d d*Unless otherwise .. ..............se requested, correspondence we sent only to the contact person
.....—----- ill b l h t noted here.------------.........................
Site Plan Application Form 211812010
Site Data
REMOVAL OF PROPOSED NATURE TRAIL FROM SITE PLAN
Proposed construction type: .........Ntudificativir Of Existilly, Sri uctule _.
of use
Property total acreage or square footage: 2,003,582. scl. ft�
Site Plan build-out acreage or square footage: _.7•07 acJscrft-
mmmm
Is there an existing or proposed Sale of Development Rights on the property? Y _...�es No X
If yes„ explain:��
Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Y X N
If"yes", explain (and attach any necessary documentation—title report, subdivision approval, etc.)
I O N.
SEE mORIGINAL wSITE P.....LAN APPLICATION.
................. mmm_mmmmm_ ________w _._ _.. ww_.•_ww._ww._.
Building Department Notice of Disapproval Date: NIA / ,ww l wwwmmmmmmmmm
Is an application to the Southold Town Zoning Board of Appeals required? Yes No X
If yes, have you submitted an application to the ZBA? Yes wwww..........„ No
If yes, attach a copy of the application packet.
Show all uses proposed and existing. Indicate which building will have which use. If more then one use is
proposed per building, indicate square footage of floor area per use.
List all existing property uses, 130 RESIDENTIAL UNITS AND COMMUNITY CENTER
List all proposed property uses:SAMEM._.wwww
Other accessory uses:k w w w ___.......
COMMUNITY CENTER, POOL, TENNIS COURT, PARKING.www_._ mmmmm_. µMµMµMµWYYY ... ......
Existing lot covera e;g .wwwww wwww 18 mm % Proposed lot coverage. 1.8. ..........
mmmm mmm_m __
Gross floor area of existing structure(s):w„2 ,w8 0mm sq. ft. Gross floor area of proposed structure(s):,.SAME
...........................
Parking Space Data: # of existing spaces:296 # of proposed spaces:. 296 Loading Berth: Yes No X
landscaping Details: Existing landscape coverage: 67 % Proposed landscape cover age 67 %
_•_ww__.w_•.. _.._... _.w._......__ ,.•....�..�..••...••._.___. ---------............................................._.___.www.____._••w...� . 1�/ITNtJUT�•NATURE, TRAIL
Wetlands:....Is this property within 500-,...........................___' of a wetland area? Yes No X Maybe
........................
I, the undersigned, certify that all the above information is true.
Signature of Preparer: Date: 5�_w13 /2025—
MARTI__ N AN, ESQ. 2
Site Plan Application Form 211812010
MAY 15 2025
AGENT/REPRESENTATIVE SOUTHOLD TOWN
TRANSACTIONAL DISCLOSURE FORM PLANWNG BOARD
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.T lie ourpose
of this form is to provide information which can alert the town of poslible conflicts of interest and allow it to take whatever
action is necessary to avoid same.
YOURNAME : MARTIN D. FINNEGAN
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit .__,
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat- Mooring .........
Other(activity) AMENDED SITE PLAN Planning .......-.......
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold? "Relationship" includes by blood, marriage,or business interest."Business
interest" means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the
shares. X
YES NO
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person ............ ........
Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.
Either check the appropriate line A)through D)and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
Q an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
...... ...... ........... ..............
...... ........
Submitt a d is 20 25
Signatur7e '5
Print Name-MARTIN D. FINNEGAN
FINNEGAN LAW, P.C. �J�C�
13250 MAIN KO,AD MAY 15 2025
13.0. BOX 1452 SOUTHOLD TOWN
NIATTITLICK-, NLW YOKK 11952 IL WNOIaO IO
(631) 31.5-6070
MARTIN D. FINNEGAN, ESQ.
MFINNEGAN@NOKTHFOKK.LAW
Via Electronic Mail & Hand Delive
August 13, 2024
Southold Town Planning Board
Attn: James Rich, Chairman
P.O. Box 1179
54375 Route 25
Southold, NY 11971-0959
Re: Amendment of Covenants and Restrictions for the
Heritage at Cutchogge, aka Harvest Pointe
Premises: 75 Schoolhouse Road, Cutchogue, NY 11935
SCTM #1000-102.00-01.00-033.003
Dear Chairman Rich and Members of the Planning Board:
This office represents Rimor Development, LLC, the Applicant for the
above referenced Residential Site Plan and the Declarant of the "Amended
Declaration of Covenants and Restrictions" dated February 19, 2019 and
recorded with the Suffolk County Clerk on February 20, 2019, in Liber 13001
of Conveyances, Page 543. A copy of the aforesaid Amended Declaration is
attached hereto as Exhibit "A". Condition 27 of the Amended Site Plan
Approval Resolution for Harvest Pointe adopted by the Planning Board on
February 11, 2019 required the Declarant to install and maintain a pervious
nature trail as shown on the approved site plan. That obligation was in turn
memorialized in the Amended Declaration at paragraph 21 (page 6) with
reference to the use of the nature trail as a permitted recreational activity in
paragraph 37(c) (page 15).
The Applicant/Declarant has been advised by the Board of Managers of
the Harvest Pointe Condominium I and II and the Harvest Pointe Homeowners
Association, Inc. that an overwhelming majority of Unit Owners in the Harvest
Pointe community do not want a nature trail and have therefore requested that
the Amended Declaration be further amended to delete paragraph 21 and to
eliminate any obligation on the part of the Applicant/Declarant and/or the
Harvest Pointe Homeowners Association, Inc. to install a nature trail as
depicted on the approved Site Plan. The proposed Amendment would consist of
the elimination of the existing covenant language in Paragraph 21, the
renumbering of the remaining paragraphs and a restatement of the
supersession clause on page lb to note that the "Second Amended Declaration
of Covenants and Restrictions" supersedes all prior Declarations.
Please let me know if the Board has any questions or requires any
further information to consider the foregoing request.
Ve° r�uly you rs
Mar in D. gan
MDF/as
Enclosures
Cc: Heather Lanza, Planning Director
EXHIBIT 44A»
CC i: C19411AN
e
CotiMCLEEWSOMCE
SrATEOFNK.W YORK
couufforSUFFM
I, JUDITH A.PIASCALE.Clerk of the County of Suffolk end the Court
of Record thereof do hereby certify that I gave compered the mexed with the odghhal
DECLARATION
recorded In my office on 07MM9 under fiber D00013M and Page 643 and.
fhat the same IS a hue Cosy thereof,and of the whole of such original.
In Teslinrony Whereof.I have herehmfo serf my hand and aftced the seal of Sall County
and Court this OZWMI19
SUFArO= COUIiTY Cmam
CZ.
JUDM A.PASCALS
$EAL
" ", 71"Mm"j, Ate, , ,, ,+r�,+^ 0. """"o„ram
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mom
I Ill #I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 02/20/2019
Number of Pages: 24 At: 03:41:48 PM
Receipt Number : 19-0035695
LIBER: D00013001
PAGE: 543
District: Section: Block: Lot:
1000 102.01 01.00 001.000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $120.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $0.00 NO Notation $0.50 NO
Cert.Copies $30.00 NO RPT $5,000.00 NO
Fees Paid $5,190.50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RECORDED
2019 Feb 20 03:41:48 PM
pages JUDITH A. PRSCHL.E
CLERK OF
SUFFOLK CUM
his document will be public L D00013MI
record.Please remove all P 543
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/MortgageTax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt
Page/Filing Fee _ 1.Basic Tax
Handling 2. Additional Tax
TP-584 SubTotal
�) Spec./Assit
Notation �L ([� of
EA-5217(County) Sub Total l'. Spec,/Add.
TOT.MTG.TAX
EA-521715tat -- Dual Town Dual County
RP,T A Held for Appohm.hent
Comm. 5. 00 Transfer Tax
AMdavb .�___ MansionTax
The property covered by this mortgage Is
Cow or will be Improved by a one or two
E Surcharge co7� familydweBinganfy.!
NYS
15. _ Sub Total
.... .YES„ ,orNO-
Other .,�.�„.... �__....�._.....
Grand To �> If NO,see appropriate tax clause on
page 1 of this Instm t
4 Dist JOG( 3ei91as �o o C204 Qc(�� 3 5 Community Preservation Fund
Real Property P T Consideration Amount$
Tax Service R LPA A
Agency 19 CPF Tax Due $
Verification
V Improved
6 ctlo rge*T1eleases List Property owners Mas
RECORD&RETURN TO: Vacant Land
Certilman Balin Adler&Hyman,LLP
Att: John K Wagner,Esq.
100 Motor Parkway,Suite 156 TD
Hauppauge,NY 11788 TO
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company In tlon
310 Center Drive, Riverhead, NY 11'g01 Co Name
wwwsufokcountyny.gov/derk [Tit*t,
fl Suffolk County Recording & Endorsement Page
This page forms part of the attached Amended Declaration of Covenants&Restrictions fgwu �made
by. (SPECIFY TYPE OF INSTRUMENT)
The premises herein Is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of ROTIT1401,TI
nTz ,11�. In the VILLAGE
or HAMLET of
BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
IMPORTANT NOTICE
if the document youwe just recorded is your aATI FAPT"IION OF MORTGAGE,please be aware of
the following:
If a portion of your monthly mortgage payment Included your property taxes,'' ou will now need to
contact ur local Town Tax Receiver so that you maybe l ilted dlrc tly for all future property tax
statements.
_�.� _.... �. .,
Local property taxes are payable twice a year on or before January 10a and on or before May 31K.
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901
(631)957-3004 (631)727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farrningville,N.Y.11738 Shelter Island,N.Y. 11964
(631)451-9009 (631)749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton,N.Y. 11937 Smithtown,N.Y. 11787
(631)324-2770 (631)360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
Huntington,N.Y. 11743 Southampton,N.Y. 11968
(631)351-3217 (631)283-6514
Islip Town Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip,N.Y. 11751 Southold,N.Y. 11971
(631)224-5580 (631)765-1803
Sincerely,
Judith A.Pascale
Suffolk County Clerk
tZO-FIES49
TS
...... .. n AStatIf}
Tax Maps
`Ikstrict Secton Block Lot School District
1000 10201 0100 001000
1000 10201 0100 002000
1000 10201 0100 003000
1000 10201 0100 004000
1000 10201 0100 005000
1000 10201 0100 006000
1000 10201 0100 007000
1000 10201 0100 008000
1000 10201 0100 009000
1000 10201 0100 010000
1000 10201 0100 011000
1000 10201 0100 012000
1000 10201 0100 013000
1000 10201 0100 014000
1000 10201 0100 015000
1000 10201 0100 016000
1000 10201 0100 017000
1000 10201 0100 018000
1000 10201 0100 019000
1000 10201 0100 020000
1000 10201 0100 021000
1000 10201 0100 022000
1000 10201 0100 023000
1000 10201 0100 024000
1000 10201 0100 025000
1000 10201 0100 026000
1000 10201 0100 027000
1000 10201 0100 028000
1000 10201 0100 029000
1000 10201 0100 030000
1000 10201 0100 031000
1000 10201 0100 032000
1000 10201 0100 033000
1000 10201 0100 034000
1000 10201 0100 035000
1000 10201 0100 036000
1000 10201 0100 037000
1000 10201 0100 038000
1000 10201 0100 039000
1000 10201 0100 040000
1000 10201 0100 041000
1000 10201 0100 042000
1000 10201 0100 043000
1000 10201 0100 044000
1000 10201 0100 045000
1000 10201 0100 046000
1000 10201 0100 047000
T
5tat ID 61914 ..
20�D�19
ct� ;10201
Black Lot School District
0 0100 048000
f0t1 0100 049000
1000 0100 050000
1000 0100 051000
1000 10201 0100 052000
1000 10201 0100 053000
1000 10201 0100 054000
1000 10201 0100 055000
1000 10201 0100 056000
1000 10201 0100 057000
1000 10201 0100 058000
1000 10201 0100 059"
1000 10201 0100 060000
1000 10201 0100 061000
1000 10201 0100 062000
1000 10201 0100 063000
1000 10201 0100 064000
1000 10200 0100 033006
1000 10200 0100 033007
AMEW EC MJ1QN OF COVEMES ANQ RESTRI92
AMENDED DECLARATION made this I V' day of February,2019,by
RIMOR DEVELOPMENT LLC,a New York limited liability company with a place
of business located at 1721 D North Ocean Avenue, Medford,New York 11763,
hereinafter referred to as the DECLARANT.
WITNESSETH:
WHEREAS,the DECLARANT is the owner of certain real property situate
at the northwest comer of Schoolhouse Road and Griffing Street,at Cutchogue,
in the Town of Southold,County of Suffolk,and State of New York(Suffolk
County Tax Map parcel number 1000-102-1-33.3),more particularly bounded
and described in Schedule"A"annexed hereto thereinafter referred to as the
°Property');and
WHEREAS,the DECLARANT has made an application to the Planning
Board of the Town of Southold(hereinafter referred to as the"Planning Board")
for a residential site plan to include 124 condominium units and associated
accessory structures,hereinafter referred to as the"Project,"as shown on the
approved site plan entitled"Harvest Pointe"(aka"Heritage at Cutchogue"),
prepared by VHB Engineering,Surveying&Landscape Architecture, P.C.,last
dated August 30,2017,and including 43 pages,and hereinafter referred to as the
"Site Plan .and
WHEREAS,a digital copy of the Site Plan is available for reference from
the Town of Southold(hereinafter referred to as the'Town");and
WHEREAS,as a condition of granting approval of the Site Plan,and
pursuant to a further Planning Board resolution adopted February 11,2019,the
Planning Board has required that this Amended Declaration be recorded in the
Suffolk County Clerk's Office;and
WHEREAS,the purpose of these covenants is to mitigate environmental
and public health, safety and welfare impacts from the development of the
Property,and to further the goals of the Town's Comprehensive Plan;and
WHEREAS, as a condition of approval of the Site Plan and to further the
Town's goals of land preservation, the Planning Board has found that 50% of the
land area of the Property shall be preserved as open space, and has required
that these covenants include speck restrictions over the open space portion of
the Property, as shown on the aforementioned Site Plan, on Page OS-1; and
WHEREAS, pursuant to § 280-97 of the Code of the Town (hereinafter
referred to as the "Town Code'), entitled Right to farm, the Town has determined
that farming is an essential activity within the Town, and that farmers shall have
the right to farm in the Town without undue interference from adjacent
landowners or users; and, for the purpose of reducing future conflicts between
people residing on tracts adjacent to farmlands and farmers, it is necessary to
establish and give notice of the nature of the farming activities to future neighbors
of farmland and farming activities; and
WHEREAS, the DECLARANT has considered the foregoing and has
determined that the same will be for the best interests of the DECLARANT and
subsequent owners of the Property.
NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH:
That the DECLARANT, for the purpose of carrying out the intentions
above expressed, does hereby make known, admit, publish, covenant and agree
that the Property shall hereafter be subject to the covenants and restrictions as
herein cited, to wit:
1. There shall be no subdivision of the Property resulting in additional building
lots (this prohibition of subdivision shall not apply to condominium unit
designation maps). No lot lines shall be changed unless authorized by the
Planning Board by a majority-plus-one vote after a public hearing.
2. Until such time as the DECLARANT has paid in full the $2,000,000 fee
specified in Paragraph 25 of the "Stipulation of Settlement" in NOCRO, Ltd.,
et al. v. Scott A. Russell, et al., Suffolk County Supreme Court Index No.
2
19101/2009, which was "so-ordered" by Justice Jerry Garguilo on September
25, 2014, the DECLARANT shall provide the Town Clerk with written notice of
any sale or transfer of any portion of the Property, and any such sale or
transfer must be expressly made subject to the terms and provisions of the
"so-ordered" "Stipulation of Settlement,"as same may be amended.
3. The Project shall be constructed in four phases, according to the Construction
Phasing Plan approved for the Project by the Planning Board, unless
otherwise approved by the Planning Board. Prior to commencement of
Phases 2, 3, or 4 of the Project, at least 75% of the units included in the prior
phase shall either (a) have been issued certificates of occupancy, or (b) be
under contract to be sold.
4. All aspects of the Project shall be constructed and maintained substantially in
accordance with the Site Plan, including the architectural drawings, except
where the Site Plan is amended by a majority-plus-one vote of the Planning
Board after a public hearing.
5. The occupancy of all the residential units on the Property is limited to persons
of the age of 55 years or older; a spouse of any age, provided the spouse of
such person resides in the unit and is the age of 55 years or older; children or
grandchildren residing with a permissible occupant, provided such children or
grandchildren are 19 years of age or older; and individuals, regardless of age,
residing with and providing physical support to a permissible occupant.
6. The clubhouse and grounds are for the personal enjoyment of the occupants
of units in Harvest Pointe and their family members, and shall not be rented
or leased for use by non-occupants for special events, including, but not
limited to, weddings, fund-raisers and parties.
7. There shall be no more than 124 dwelling units. Accessory apartments are
not permitted.
3
8. Basements in the residential units on the Property:
a. shall not be used for habitable space; and
b. shall not have a ceiling height in excess of eight (8)feet; and
c. shall not have windows in excess of the minimum area required for
uninhabitable basements by applicable laws, regulations, and building
and fire codes.
9. Low-flow plumbing fixtures shall be used within the residential units and the
community building on the Property.
10.The maximum total livable floor area for all residential units on the Property
shall not exceed 234,576 square feet(i.e., 219,076 square feet of livable floor
area plus a maximum increase of 125 square feet in each unit, with no
expansion of the footprint of such unit), except that the Planning Board may
approve additional square footage in "B" units, with no expansion of the
footprints of such units, provided that the total livable floor area of all
residential units on the Property shall not exceed 245,000 square feet. Any
expansion must meet all other building codes and wastewater regulations of
the Suffolk County Department of Health Services ("SCDHS"). "Livable floor
area,"for the purposes of this Amended Declaration, is defined as all spaces
within the exterior walls of a dwelling unit, but shall not include community
facilities, garages, breezeways, unheated porches, cellars, heater rooms, and
approved basements having a window area of less than 10% of the square
foot area of the room.
11.The maximum livable floor area in any one unit must not exceed 1,999 square
feet, except for minor increases in livable floor areas within existing structures
of not more than 125 square feet for any unit, so long as the total livable floor
area on the Property does not exceed the amounts set forth in Paragraph 10,
above.
4
12.There shall be no conversions of garages or screen porches on the Property
to livable floor area.
13.There shall be no additions to the residential units on the Property, except as
set forth in Paragraphs 10 and 11, above.
14.Construction of all buildings on the Property shall comply with the New York
State Energy Conservation Construction Code.
15.Prior to issuance of certificates of occupancy for any residential units on the
Property:
a. a certificate of occupancy shall have been issued for the clubhouse
on the Property; and
b. all site work and infrastructure servicing any residential unit to
receive a certificate of occupancy must be completed in
accordance with the Site Plan, and to the satisfaction of the
Planning Board.
16.Owners of residential units on the Property shall be given notice as to proper
methods for disposal for pharmaceuticals and shall be instructed not to
dispose of such materials in the wastewater disposal system on the Property.
17.A total of$2,000,000.00 shall be payable by the DECLARANT for all park,
recreation area, affordable housing, professional, and other fees associated
with the Project, other than post-site plan building permit and inspection fees,
and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town
upon issuance of each certificate of occupancy for the 124 residential units
included in the Project. Notwithstanding the foregoing, any balance of the
aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023
shall be paid in full on or before such date.
5
18.With respect to wastewater disposal from the Project:
a. the Project shall use innovative/alternative wastewater treatment
systems that have been approved under Suffolk County's
Innovative and Alternative On-Site Wastewater Treatment Systems
(I/A OWTS) Program (a/k/a Article 19 of the Suffolk County
Sanitary Code);
b. the Project developer shall be responsible for continued successful
operation of the I/A OWTS systems on the Property until such time
as a condominium owners association takes over the management
of the Property; and
C. an annual monitoring report shall be provided to the Planning Board
to check whether the level of nitrogen in the effluent remains at or
below 19 mg/L, and the duration and methodology of such annual
reporting shall be determined in conjunction with the Suffolk County
Department of Health Services ("SCDHS").
19.All exterior lighting on the Property, including lighting on the residential units,
shall comply with (a)the provisions of Chapter 172 of the Town Code, and (b)
the Lighting Plan pages of the Site Plan. Any future exterior light fixtures not
shown on the Site Plan must be reviewed for compliance and approved by
the Planning Board prior to installation. There shall be no lights on the tennis
court on the Property.
20.An entrance gate is not permitted, and the entrance booth shall not be
staffed, except with prior approval of the Planning Board after a public
hearing. The entrance booth may be staffed during construction of the
Project.
21.A nature trail, constructed of pervious material, shall be installed and
maintained on the Property, as shown on the Site Plan.
6
22.Bike racks shall be provided at the community center and the tennis court on
the Property.
23.The emergency access for the Property at Bridle Lane shall be used for
emergency access only, and shall not be used for any other traffic, including
construction traffic.
24.Parking shall be restricted to one side of each of the access roadways on the
Property, and there shall be no overnight parking on such roadways.
25.The DECLARANT acknowledges that the Site Plan is within 500 feet of land
in agricultural use. All owners and future owners of the condominiums are
hereby provided notice of protected farm practices pursuant to the Town
Code Farmland Bill of Rights. Farmers shall have the right to undertake
protected farm practices in the active pursuit of agricultural operations,
including, but not limited to: clearing; grading; plowing; aerial and ground
spraying; the use of legal agricultural chemicals (including herbicides,
pesticides and fertilizers); raising horses, poultry, small livestock and cattle;
processing and marketing produce; installing water and soil conservation
facilities; utilizing farm crop protection devices; designing and constructing
and using farm structures, including barns, stables, paddocks, fences,
greenhouses and pump houses; using water; pumping; spraying; pruning and
harvesting; disposing of organic wastes on the farm; extensive use of farm
laborers; training of laborers and others in the use and care of farm
equipment and animals; traveling local roads in properly-marked vehicles;
and providing local farm produce markets near farming areas.
These activities can and do generate dust, smoke, noise, vibration and odor.
These activities may occur on holidays, Sundays and weekends, at night and
in the day. Such activities are presumed to be reasonable. Such activities do
7
not constitute a nuisance unless the activity has a substantial adverse effect
on the public health, safety and welfare.
26.All stormwater management and drainage controls shall be maintained in
perpetuity as required and shown on the Site Plan.
27.All stormwater run-off resulting from the development of the Site Plan shall be
retained on site and shall be the responsibility of the Property owner to
manage.
28.Utilities on the Property, including but not limited to electric, gas, telephone
and cable, shall be underground.
29.Landscaping Maintenance: All plantings, landscaping, and landscape
maintenance must follow the Site Plan specifications on Pages L-1 through L-
6. In particular, there is a detailed Landscape Management Plan on Page L-1
of the Site Plan.
30.All trees shall be maintained as shown on the Site Plan. Should a tree die or
otherwise be destroyed, it must be replaced with the same species and size
shown on the Site Plan, Pages L-1, L-2, or L-3. Any change in species must
be approved in writing by the Planning Board.
31.A natural, vegetated buffer, hereinafter referred to as the "Natural Buffer",
shall be maintained on the Property's perimeter, at the dimensions shown on
the Site Plan, for the purpose of providing substantial visual screening and
providing natural wildlife habitat. The Natural Buffer shall be maintained to
provide a dense double row of evergreens with supplemental plantings of
native evergreens to be added where substantial visual screening does not
exist naturally, or where existing trees have died. The Natural Buffer is part of
the Open Space and specific restrictions are included below.
8
32.The areas on Site Plan Pages L-2 and L-3 labeled as "Seed Mix C"shall be
managed for native vegetation and wildlife habitat.
33.All planted/transplanted vegetation on the Property shall survive at least three
(3) years from the time each phase of the Project is completed, or shall be
replaced at the expense of the Project developer. After such three (3) years,
the condominium association shall be responsible for maintaining the
vegetation approved in the Site Plan.
34.With respect to irrigation on the Property:
a. overall water usage for irrigation shall not exceed an average of 25,000
gallons per day during the peak summer season -- May through October;
b. drip irrigation systems shall be used for irrigation of plantings other than
lawn areas;
c. soil moisture sensors shall be used to ensure irrigation is suspended
during times when enough rain has fallen that irrigation is not necessary;
d. irrigation shall be conducted so that it occurs in phases on alternating
days, and the entire irrigated area is not irrigated at the same time;
e. water used for irrigation shall be drawn from separate wells, a sufficient
number of such wells shall be provided to avoid a cone of depression that
lowers the water table or upconing that results in salt water intrusion that
could affect the wells of neighbors, such wells shall be situated where they
will not affect the quality or quantity of water available from the private
wells of nearby residents or the Suffolk County Water Authority; and the
pumps for such wells shall not create noise that measures more than
50dB at the nearest residential structure; and
f. all irrigation wells shall include a meter to monitor the use of water for
irrigation, and a report of the number of gallons of water used each month
for irrigation shall be sent annually to the Planning Board.
9
35.Synthetic herbicides and pesticides shall not be applied on the Property
except in cases where organic methods are shown to be ineffective, and a
written statement is provided by an entomologist, plant pathologist, weed
scientist, and/or qualified landscape professional stating that chemical
treatment(s) are the only effective measure(s) for control or eradication for a
particular incident of plants or pests. This written statement, together with a
map showing the proposed location(s) of the problem area(s), must be
submitted to the Planning Board prior to the application of the herbicide(s) or
pesticide(s). All applications of herbicides or pesticides shall be made by a
New York State Department of Environmental Conservation Certified
Pesticide Applicator.
36.With respect to the use of fertilizer on the Property:
a. fertilizer shall be applied only after it has been determined to be necessary
by soil test, and only in the smallest amount necessary;
b. only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and
a minimum 50% of Water-Insoluble Nitrogen (WIN) shall be used; and
c. fertilizer shall be applied, in any application, at a maximum rate of one (1)
pound of nitrogen per 1,000 square feet of land area, and no more than
two (2) pounds of nitrogen per 1,000 square feet of land area shall be
applied in any calendar year.
37.Open Space Prohibited and Permitted Uses
The Open Space area is required to be at least 50% of the land area of the
Property, and consists of a total of 23 acres, as shown on Page OS-1 of the
Site Plan. The restrictions on the future uses of the Open Space, including the
Natural Buffer, are as follows.
10
Prohibited
a. Vegetation Removal or Disturbance
The mowing, cutting, clearing, removal or disturbance of vegetation,
including trees, shrubs, and groundcover, is prohibited, except as
permitted below.
b. Structures
No buildings or other structures or improvements may be erected or
constructed, except as permitted below.
c. Excavation, grading, removal of materials and mining are prohibited,
except where necessary for permitted activities. Mineral exploitation,
and extraction by any method, surface or subsurface, is prohibited.
The removal from the site of topsoil, sand, or other materials shall not
take place. The topography shall not be changed except as approved
by the Planning Board on the Site Plan, and there is no grading or
excavation permitted in the Natural Buffer, except the minimum
amount of digging necessary to create planting holes for evergreens as
required to maintain a densely-vegetated screen.
d. Motorized vehicles
The use of motorized vehicles within the Open Space area is
prohibited, including, but not limited to, recreational vehicles, dirt bikes,
and all-terrain vehicles (ATVs), except for lawn mowers and similar
maintenance equipment.
e. Soil and Water
Any use or activity that causes or is likely to cause soil degradation,
compaction or erosion or pollution of any surface or subsurface waters
is prohibited.
11
f. Dumping
The dumping or accumulation of unsightly or offensive materials,
including, but not limited to, trash, garbage, sawdust, ashes or
chemical waste, is prohibited.
g. Utilities
The creation or placement of overhead utility transmission lines and
utility poles is prohibited. Underground utilities are permitted, except in
the Natural Buffer.
h. Other Uses
The use of the Open Space for any commercial or industrial purpose is
prohibited. Other uses not permitted include paintball, shooting ranges,
swimming pools, wireless facilities or cell towers, and all uses that are
not consistent with the purposes of these covenants.
i. Development Rights
The use of the acreage of this Open Space for purposes of calculating
lot yield on any other property is prohibited. All existing development
rights, and any further development rights that may be created through
a rezoning of the Open Space, except those required to carry out the
permitted uses of and activities on the Open Space, are terminated
and extinguished and may not be used or transferred to any other
parcels.
12
Permitted
a. Landscape Maintenance
(1) Areas labeled 'Natural Buffer'
(a) Clearing for the installation and maintenance of the Nature
Trail as shown on the Site Plan. The exact location of the trail
shall be adjusted during installation to avoid the removal of
trees.
(b) The only vegetation allowed to be disturbed or removed are
noxious or invasive plants and vines, but they must be hand-
pulled, hand-cut, or cut with machinery selective enough to
keep nearby native plants intact to the greatest extent
practicable. Prior written approval from the Planning Board is
required for large-scale removal of noxious or invasive
species, except that routine hand-pulling of invasive species
that does not disturb existing native plantings is permitted
without prior Planning Board approval.
(c) The Natural Buffer may be supplemented or re-planted with
native vegetation plantings according to the approved
landscape plans in the Site Plan, or according to a re-
vegetation plan with prior written consent of the Planning
Board.
(d) Dead or diseased trees that are a potential hazard to
residences or people may be removed with prior approval
from the Planning Board, and with a report from a certified
arborist that the tree is dead or diseased.
(e) Notwithstanding the foregoing, a dead or diseased tree that,
in the opinion of a certified arborist, represents an imminent
threat to structures or people may be removed without prior
Planning Board approval, and the arborist shall submit a
13
report of any such removal to the Planning Board within one
business day after such removal.
(f) Any tree removed, as set forth above, shall be replaced with
a tree of a size and species listed on the Planning Board's list
of approved trees.
(2) Areas labeled 'Seed Mix C' on Site Plan Pages L-2 & L-3
(a) Maintenance of these areas as natural native meadow
habitat.
(b) Mowing is permitted as follows:
i. there shall be no mowing from May through October
15 to avoid turtles and other wildlife;
ii. mowing shall not be performed more than once a year
after October 15;
iii. mowing with flail mower heads with guide bars that
ride along the ground shall be avoided;
iv. no less than seven (7) inches of stubble height shall
be retained to retain important cover for animals, and
to reduce mortality of turtles;
V. mowing shall be in a pattern from the center outward,
to avoid congregating fleeing animals into the center;
and
A. removal of noxious or invasive plants and vines is
permitted, but they shall be hand-pulled, hand-cut, cut
with machinery selective enough to keep nearby
plants intact to the greatest extent practicable, or
treated with organic herbicides only, except as set
forth in Paragraph 35, above.
(c) Substitutions of species are permitted, with prior written
approval from the Planning Board after a finding that the
species are native and drought-tolerant.
14
(d) Prior written approval from the Planning Board is required for
large-scale removal of noxious or invasive species, except
that routine hand-pulling of Invasive species, and selective
application of organic herbicide or pesticide that does not
disturb existing native plantings is permitted without prior
Planning Board approval.
(3) Other areas of Open Space (not including the Natural Buffer and
areas labeled Seed Mix C):
(a) All typical landscape maintenance activities are permitted.
(b) Vegetation may be removed and replanted according to the
Site Plan with no prior approval from the Planning Board.
(c) Substitutions of species are permitted, so long as at least
50% of the plants in the non-turf areas are native species with
moderate to high drought tolerance. All trees must be
maintained as shown on the Site Plan.
b. A fence along the Property boundary, with prior Planning Board
approval required prior to installation, except for repair or replacement
in kind, which shall not require prior Planning Board approval. Clearing
for a fence line must avoid and preserve any trees of six (6) inches
diameter at breast height (dbh) or larger, and must avoid removal of
the evergreens in the Natural Buffer.
c. "Passive outdoor recreation," defined as dispersed, noncommercial,
and non-motorized recreational activities that do not rely on buildings
and have minimal impact on natural resources, is permitted. Such uses
include hiking, a nature trail as shown on the Site Plan, nature
observation, picnicking, cross-country skiing, snowshoeing, bird
watching, and enjoyment of open space.
15
d. Structures: a gazebo as shown on the Site Plan; solar panels as
permitted by the Town Code, and only with prior Planning Board
approval after a public hearing; and park benches and picnic tables,
without prior approval of the Planning Board; except no structures are
permitted in the areas labeled Seed Mix C or the Natural Buffer other
than portions of the pedestrian path as shown on the Site Plan.
e. Water supply and sewage disposal systems, and stormwater detention
areas as shown on the Site Plan, are permitted; however, they shall
not be located in the Natural Buffer. Stormwater detention areas must
be designed, landscaped, and available for use as an integral part of
the Open Space area.
This "Amended Declaration of Covenants and Restrictions"supercedes
the prior"Declaration of Covenants and Restrictions," dated the 19th day of
September, 2017, that was recorded against the Property in the Office of the
Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, ,,
Page 554, and, upon the execution and recording of this "Amended Declaration
of Covenants and Restrictions" in the Office of the Suffolk County Clerk, the
aforesaid prior"Declaration of Covenants and Restrictions,"dated the 19th day of
September, 2017, and recorded against the Property in the Office of the Suffolk
County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page
554, shall be automatically and immediately annulled, canceled, and of no further
force or effect.
The within Covenants and Restrictions shall run with the land in perpetuity
and shall be binding upon the DECLARANT, its 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 or its successor, following a public hearing.
16
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, or invalid or be 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.
The aforementioned covenants and restrictions are intended for the
benefit of and shall be enforceable by the Town by injunctive relief or by any
other remedy in equity or at law. If a Court of competent jurisdiction determines
that a violation of these covenants and restrictions has occurred, the
DECLARANT shall pay, either directly or by reimbursement to the Town, all
reasonable attorney's fees, court costs and other expenses incurred by the Town
in connection with any proceedings to enforce the provisions of the covenants
and restrictions set forth herein. The failure of the Town or any of its agencies to
enforce same shall not be deemed to affect the validity of this covenant nor to
impose any liability whatsoever upon the Town or any officer or employee
thereof.
IN WITNESS WHEREOF, the DECLARANT above named has duly
executed this Amended Declaration the day and year first above written.
DECLARANT RIMOR DEVELOPMENT LLC:
By: RIML4DS INC., Manager
W
G
By: Je ;by Rimland, resident
and
MF 2 LLC, Man
obert Morrow, Manager
17
STATE OF NEW YORK)
) ss.,
COUNTY OF SUFFOLK)
On this 9--A day of February, in the year 2019, before me personally
appeared Jeffrey Rimland, 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 R c .
oa,Er W*IW ftk
so.o
rpm-y C
Kathleen Rohde
No. 01R06198626
Notary Public - State of New York
Qualifed in Suffolk County
My Commission Expires Dec. 29, 2020
18
STATE OF NEW YORK )
) ss..
COUNTY OF NEW YORK)
On this e day of February, in the year 2019, before me personally
appeared Robert Morrow, 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 In ru n
Notary Public
HOWARD MICHAEL SILVERMAN
Notary Public,State of NewYork
No.01 S16290431
Qualified In Queens County
Commission Expires October 07,204
19
Schedule..A, Legal Description of the Property.
20
Chicago Title insurance Company
TrME NO.C17-7474-17461-SUFF
C 17►.U
ALL that certain plot, piece or parcel of I" situate, lying and being at Cutchogue, Town of
Southold,County of Suffolk and State ofNew York being more particularly bounded and described
as follows:
BEGINNING at a point on the northwesterly line of Schoolhouse Law at the southeast comer ofthe
premises herein described,adjoining land now formerly of the Town of Southold on the southeast;
THENCE South 52 degrees 55 minutes 20 seconds west, partially along the northwest of
Schoolhouse Lane and partially along land now or formerly of Anjo Ltd.,216.51 feet to land now or
formerly of Roman Catholic Church of the Sacred Heart;
RUNNING THENCE along said last mentioned land the following two courses and distances:
1) North 37 degrees 13 minutes 30 seconds West 400.00 feet;
2) South 53 degrees 05 minutes 40 seconds West 407.11 feet to land-now or formerly on map
entitled,"Map of Highland Estates",filed April 26,1977,Map#6537;
RUNNING THENCE along said last mentioned land north 36 degrees 54 minutes 20 seconds west
2009.22 feet to land now or formerly of Castello Di Borghese LLC;
RUNNING THENCE along said last mentioned W,north 50 degrees,18 minutes 10 seconds east
251.03 feet to land now or formerly on map entitled,"The Woods at Cutohogue"filed 3/23/1989,
map#8717;
RUNNING THENCE along said last mentioned Iand the following three courses and distances:
1) North 56 degrees 00 minutes 50 seconds east 145.28 feet;
2) South 37 degrees 04 minutes 30 seconds east 221.47 feet;
3) North 39 degrees 26 minutes 10 seconds east 562.94 feet to land now or fozmerly of Rose
Vineyard LLC;
RUNNING THENCE along said last mentioned land south 38 degrees 24 minutes 20 seconds east
K 1904.80 feet to land now or formerly of
Page 1 of 2
24 Commerce Drive•Riverhead,New York 11901" (631)284-2400*PUY:(631)$74-2355
µ Chicago Title Insurance Company
TITLE NO.C17-7474-17461-SUFF
ACUMMA
continued
RUNNING THENCE along said last mentioned land the following two courses and distances:
1) South 37 degrees 38 minutes 50 seconds west 208.04 feet;
2) South 37 degrees 04 minutes 40 seconds east 269.77 feet to land now or formerly of the Town of
Southold;
RUNNING THENCE along said last mentioned land the following two courses and distances:
1) South 52 degrees 55 minutes 20 seconds west 167.99 feet;
2) South 37 degrees 04 minutes 40 seconds east 95.00 feet to the northwesterly side of Schoolhouse
Lane the point or place of BEORVI IG.
Page 2 of 2
24 Commerce Drive.Riverhead,New York 11901 0(631)284-2400 0 Fax: (631)574-2355
OFFICE LOCATION: oil MAILING ADDRESS
Town Hall Annex �m,°". P.O.Box 1179
54375 State Route 25 a Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) a Telephone: 631-765-1938
Southold,NY "lipwww.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: May 15, 2025
Re: Check
Please deposit the attached check into B691: Deferred Revenue. Fee is for a Site
Plan Application not yet accepted by the Planning Board.
Applicant/Project Name & Type Tax Map # Amount Check Date/No.-.__.-
Harvest Point Nature Trail Amended 102.-1-33.3 $250.00 5/13/2025 -#1521
Site Plan Finnegan Law
CEW
Att.