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I I I I I I I I I I I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 05/22/2019
Number of Pages : 15 At: 11 :41 :09 AM
Receipt Number : 19-0098901
LIBER: D00013012
PAGE : 974
District: Section: Block: Lot:
1000 040 . 00 03 . 00 001 . 000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $75 .00 NO Handling $20 .00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $0 . 00 NO Notation $0 . 00 NO
Cert.Copies $0 . 00 NO RPT $200 . 00 NO
Fees Paid $315 .00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
i
RECORDED
Number of pages 2019 May 22 11:41:09 AM
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L D00013012
Social Security Numbers P 974
prior to recording.
Deed/Mortgage Instrument Deed 1 Mortgage Tax Stamp Recording/ Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
N1. Basic Tax
Handling 20• 00 2. Additional Tax
TP-584 S u b To to I
Notation Spec./Assit.
�.t T or
EA-52 17 (County) Sub Total l Spec. /Add.
EA-5217(State)
TOT. MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held forAppointment
Comm. of Ed. S. 00 Transfer Tax
Affidavit + �* Mansion Tax
®� The property covered by this mortgage is
Certified Copy
or will be improved by a one or two
NYS Surcharge 15. 00 69 a O family dwelling only.
Sub Total YES or NO
Other f Grand Total If NO, see appropriate tax clause on
page # of this instrument.
4 Dist. 000 Section 040.00 Block 03.00I Lot 001.000 5 Community Preservation Fund
Real Proper 3862178 1000 04000 0300m00I10100 Consideration Amount $
Tax Service
AgenVer f ca� CPF Tax Due
oi � DTY A Illll�lllhl�llllflllli�lll�llfl11�11111�II $
30-APR-1 Im proved
6 Satisfe less
ncc�no ocnc i vnw-r v. Vacant Land
Closing USA, LLC
Attn: Commercial Department TD
7665 Omnitech Place TD
Victor, NY 14564
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co-Name Closing USA, LLC
www.suffolkcountyny.gov/clerk
Title# CL170046376C0
Suffolk County Recording & Endorsement Page
This page forms part of the attached Declaration of Covenants and Restrictions made
by: (SPECIFY TYPE OF INSTRUMENT)
Vineyard View, LLC The premises herein is situated in
Vineyard View Housing Development Fund Company,Inc. SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of Southold
Planning Board of the Town of Southold In the VILLAGE
or HAMLET of Greenport
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
i
DECLARATION OF COVENANTS AND RESTRICTIONS
DECLARATION made this IS day of April, 2019, by VINEYARD
VIEW, LLC, (Beneficial Owner), with a place of business located at 1000
University Avenue, Suite 500, Rochester, New York 14607, and VINEYARD
VIEW HOUSING DEVELOPMENT FUND COMPANY, INC., (Fee Owner), with a
place of business located at c/o Community Development Corporation of Long
Island, 2100 Middle Country Road, Centereach, New York 11720, hereinafter
collectively referred to as the DECLARANT.
WITNESSETH:
WHEREAS, the DECLARANT is the owner of certain real property situate
on the south side of North Road (CR 48) approximately 1,600 feet east of Chapel
Lane in the Town of Southold, County of Suffolk, and State of New York (Suffolk
County Tax Map parcel number 1000-40.000-03.00-001.000), more particularly
bounded and described in Schedule "A" annexed hereto (hereinafter 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 50 multiple dwelling units and associated
accessory structures, hereinafter referred to as the "Project," as shown on the
approved site plan entitled "Vineyard View", prepared by L.K. McLean
Associates, P.C., last dated December 18, 2018 and including 38 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 Planning Board resolution adopted January 14, 2019, the Planning
Board has required that this 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, as well as protecting environmentally sensitive
land both on the property and adjacent, the Planning Board has required that
these covenants include specific restrictions over the non-disturbance buffer and
wetlands areas of the Property, as shown on the aforementioned Site Plan; 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 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. No lot lines shall be changed unless authorized by the Planning Board by
a majority-plus-one vote after a public hearing.
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2. All aspects of the project shall be constructed and maintained substantially in
accordance with the approved site plan including the architectural drawings,
except where the site plan is amended as authorized by the Town Planning
Board.
3. All stormwater management and drainage controls required to be installed as
shown on the approved site plan shall be maintained.
4. The community building and grounds are for the personal enjoyment of the
occupants of units in Vineyard View and their guests, and shall not be rented
or leased for use by others for special events, including but not limited to
weddings, fund-raisers and parties.
5. Parking for residents or visitors to this development is permitted in designated
parking areas only. No parking shall be permitted on County Road 48.
6. Affordability
a. In years 1 through 50, the maximum rents and maximum family income
of tenants shall be in accordance with section 42 of the IRS tax code,
or as Section 42 may be amended in the future. Fifty percent of the
units shall be affordable and reserved for households earning up to
50% of the U.S. Department of Housing and Urban Development
(HUD) Area Median Income (AMI) for Nassau and Suffolk County (or
the current designated geography) and 50% of the units shall be
affordable and reserved for households earning up to 60% HUD AMI
for Nassau and Suffolk County (or the current designated geography).
Year 1 begins upon receipt of the final certificate of occupancy
b. From year 51 and thereafter, 50% of the units shall be affordable and
reserved for families earning up to 80% of the HUD Area Median
Income for Nassau and Suffolk County (or the current designated
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geography) in accordance with the same formula used in calculating
Section 42 rents and income. For the purposes of this section, 50% of
each unit type, to wit: seven (7) one-bedroom units, eleven (11) two-
bedroom units, and seven (7) three-bedroom units, shall be affordable
and reserved as provided above, in perpetuity, for as long as the
buildings shall be used for residential purposes.
7. Surface and Groundwater Quality Protection
a. ,The application of synthetic herbicides and pesticides is prohibited.
b. The use of pesticides on and around surface waters (wetlands, storm
water controls, ponding) is prohibited.
c. The application of integrated pest management is encouraged.
d. Fertilizer will be applied only after it has been determined to be
necessary by soil test, and only in the smallest amount necessary.
e. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio
and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent
minimum is permitted to be used. This practice will allow for slow
release of nitrogen, driven only by biological activity, typically in soil
temperatures above 550 F, and will prevent nitrogen leaching,
f. A maximum of 1 lb of nitrogen per 1,000 square feet in any one
application with cumulative application of no more than 2 Ibs per 1,000
square feet per year is permitted.
g. The use of phosphorous containing lawn fertilizer is prohibited unless
establishing a new lawn or soil test shows that the lawn does not have
enough phosphorus. Fertilizer labels have three bold numbers. The
number in the middle is the percentage of phosphorus in the product,
e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not
restricted. Products with a number higher than 0.67 may only be used
if a new lawn is being established or a soil test indicates it is
necessary.
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8. Wildlife Habitat & Natural Vegetation Protection Areas
(Non-Disturbance Buffer and Wetlands)
a. A vegetated, natural non-disturbance buffer hereinafter the "non-
disturbance buffer", and the wetlands areas, as shown on the Site
Plan, shall be protected for the purpose of preserving existing trees
and natural vegetation, and providing wildlife habitat and a buffer to the
adjacent wetlands and woodlands. The areas are to be left undisturbed
and in their natural state.
b. Vegetation Removal or Disturbance
i. The cutting, removal or disturbance of vegetation, including trees,
shrubs, and groundcover, is prohibited in the non-disturbance
buffer and wetland areas, except to remove dead or invasive non-
native plants. Any cutting, removal or disturbance of vegetation
must receive prior written consent of the Southold Town Planning
Board.; This written consent may be granted only to control or
prevent the spread of disease or invasive plant or animal species.
The non-disturbance buffer may be supplemented with native
vegetation plantings according to a re-vegetation plan with prior
written consent of the Southold Town Planning Board.
Vegetation must be hand-pulled, hand-cut, or cut with machinery
selective enough to keep nearby native plants intact to the greatest
extent practicable.
ii. A dead or diseased tree in the non-disturbance buffer 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 report of any such removal
to the Planning Board within one business day after such removal.
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c. Excavation, grading and removal of natural materials and mining are
prohibited. The removal of topsoil, sand, or other materials shall not
take place, nor shall the topography be changed.
d. Structures of any kind, including fences, are prohibited.
e. Motorized vehicles. The use of motorized vehicles is prohibited,
including but not limited to recreational vehicles, dirt bikes, and all-
terrain vehicles (ATV's).
f. Spraying or applying pesticides or herbicides in any form is prohibited.
g. Dumping or accumulation of unsightly or offensive materials including,
but not limited to trash, garbage, sawdust, ashes or chemical waste is
prohibited.
h. 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.
i. Drainage
The use of the areas for drainage is prohibited.
j. Other Uses
The use of the areas for any commercial or industrial purpose is
prohibited. Other uses not permitted include paintball, shooting ranges,
swimming pools, tennis courts, solar panels, wireless facilities (cell
towers), and all uses that are not consistent with the purposes of these
covenants.
6
r/
k. Development Rights
The use of the acreage of these areas 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 these areas are terminated and extinguished and may
not be used or transferred to any other parcels.
I. Passive Outdoor Recreation
"Passive outdoor recreation", defined as dispersed, noncommercial,
nonexclusive, and non-motorized recreational activities that have
minimal impact on natural resources, is permitted in the Buffer area.
Such uses include hiking, natural trails, nature observation, cross-
country skiing, snowshoeing, bird watching, and enjoyment of open
space.
The within Covenants and Restrictions shall run with the land 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 the current owner or
subsequent owners of the premises unless and until approved by a majority plus
one vote of the Planning Board of the Town of Southold or its successor,
following a public hearing.
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.
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The aforementioned covenants and restrictions 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 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 of Southold 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 of Southold or any officer or employee thereof.
IN WITNESS WHEREOF, the DECLARANT above named has duly
executed this Declaration the day and year first above written.
DECLARANTS:
Vineyard View, LLC Vineyard View Housing Development
By: Vineyard View Managing Member, LLC Fund Company, Inc.
By: Conifer Realty, LLC
By:
By:
Lisa . Kaseman Gwen O'Shea, President and CEO
Regional Vice President
[ACKNOWLEDGMENTS ON NEXT PAGE]
8
The aforementioned covenants and restrictions 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 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 of Southold 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 of Southold or any officer or employee thereof.
IN WITNESS WHEREOF, the DECLARANT above named has duly
executed this Declaration the day and year first above written.
DECLARANTS:
Vineyard View, LLC Vineyard View Housing Development
By: Vineyard View Managing Member, LLC Fund Company, Inc.
By: Conifer Realty, LLC
By:qc"t
By:
Lisa M. Kaseman Gwen O'Shea, P�eident and CEO
Regional Vice President
[ACKNOWLEDGMENTS ON NEXT PAGE]
8
STATE OF NEW YORK )
COUNTY OF MONROE } SS:
On this OW day of March, in the year 2019, before me personally appeared LISA
M. KASEMAN , 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 the 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 Public
ANDREA M. DECASTRO
STATE OF NEW YORK Notary Public,State of New York
} Qualified in Monroe County C
COUNTY OF SUFFOLK } SS: Reg.No.01DE6173443 I !
Commission Expires August 27,20
On this day of March, in the year 2019, before me personally appeared
GWEN O'SHEA, 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 the 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 Public
9
STATE OF NEW YORK )
COUNTY OF MONROE ) SS:
On this day of March, in the year 2019, before me personally appeared LISA
M. KASEMAN , 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 the 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 Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
f�
On this Z� day of March, in the year 2019, before me personally appeared
GWEN O'SHEA, 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 the 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.
�4p,N•HEITti oo,
conanr
;•NOTARY PUBLIC.
QUALIFIED IN •
NASSAU ; Notary Public
••ti COUNTY
��TgO0INE6105.-
iJ*i OFNE\0%%%
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9
Schedule A
All that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate,
lying and being near the Village of Greenport in the Town of Southold,County of Suffolk,State of New
York and being more particularly bounded and described as follows:
BEGINNING at a point on the southerly side of the North Road,at the northeasterly corner of the land of
the Village of Greenport and being the northwesterly corner of land of Stephen Sledjeski; thence along the
southerly side of North Road as the same curves,43.85 feet; thence along the southerly side of North Road,
North 61 degrees 23 minutes 20 seconds East,393.50 feet; thence continuing along the southerly side of
North Road,58 degrees 46 minutes 30 seconds East,352.38 feet to the land now or formerly of F.L.R.
Francisco Estate; thence southerly along said last mentioned land South 23 degrees 34 minutes 20 seconds
East,427.38 feet; thence continuing along said last mentioned land South 21 degrees 23 minutes 30 seconds
East, 106.0 feet to land of the Village of Greenport; thence along the land of the Village of Greenport the
following 6 courses and distances:
(1) South 23 degrees 49 minutes West,241.26 feet;
(2) South 5 degrees 08 minutes 30 seconds West,671.42 feet;
(3) North 68 degrees 42 minutes 10 seconds West,432.43 feet;
(4) North 22 degrees 18 minutes West,564.52 feet;
(5) South 72 degrees 41 minutes 10 seconds West, 119.90 feet;
(6) North 0 degrees 53 minutes 30 seconds West,343.58 feet to the southerly side of the North Road at
the point or place of beginning.
Said premises has been more recently described on an ALTA/NSPS Land Title Survey made by Tamara L.
Stillman,P.L.S. of L.K. McLean Associates,P.C.on February 1,2018, last revised March 29,2019,under
Project No. 17106.000,and described therein as:
All that certain plot, piece,or parcel of land,situate, lying and being in the Township of Southold, County
of Suffolk,State of New York,said property being more particularly bounded and described as follows:
Beginning at a point formed by the intersection of the southerly boundary line of North Road (C.R. 48)
with the municipal boundary line between the Town of Southold,on the east,and the Village of Greenport,
on the west;
Thence, from said point of beginning,along said southerly boundary line of North Road (C.R.48)the
following three (3) courses and distances:
1. Northeasterly,along the are of a curve to the right having a radius of 1,399.39 feet and an arc
length of 43.85 feet to a point of tangency; thence
2. North 61123'20" East,a distance of 393.50 feet to a point; thence
3. North 5804613011 East,a distance of 352.38 feet to a point on the westerly boundary line of land now
or formerly of Samir Attia and Jila Sharif;
Thence,along said westerly boundary line the following two(2)courses and distances:
1. South 23034'20" East,a distance of 427.38 feet to a point; thence
2. South 21023'30" East,a distance of 106.00 feet to a point on the first mentioned municipal
boundary line between the Town of Southold,on the north,and the Village of Greenport,on the
south;
Thence,along said municipal boundary line the following six (6)courses and distances:
1. South 23°49'00"West,a distance of 241.26 feet to a point; thence
2. South 5008'30"West,a distance of 671.42 feet to a point; thence
3. North 68°42'10"West,a distance of 432.43 feet to a point; thence
4. North 22118'00"West,a distance of 564.52 feet to a point; thence
5. South 72°41'10" West,a distance of 119.90 feet to a point; thence
6. North 0053130"West,a distance of 343.51 feet(343.58 feet deed) to the point or place of beginning.
1
DECLARATION OF COVENANTS AND RESTRICTIONS
VINEYARD VIEW, LLC (Beneficial Owner) and
VINEYARD VIEW HOUSING DEVELOPMENT FUND COMPANY, INC. (Fee
Owner),
DECLARANT
Town of Southold Planning Board File No. SD-18-01
SCTM No.: 1000-040.00-03.00-001.000
RECORD AND RETURN TO:
Forchelli Cut-to Deegan Schwartz Mineo & Terrana, LLC
333 Earle Ovington Boulevard
Suite 1010
Uniondale,New York 11553
Attention: Kathleen Deegan Dickson
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