Loading...
HomeMy WebLinkAbout1000-84.-1-10.1VOTE' ALL DECLARATION OF~COVENANTS AND G RESTRICTIONS AS REOUIRED BY THE PLAAJVIN BOARD HA VE BEEN FILED. LIBER lIT21 PAGE 501 SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES ' 4r'r~,r~c~r~ucr~ama~cr ~ AND T~ S~FDLR,CD~TY~ $~TARY 'c~. ' . , GROUND RATER MANAGMEN? ZONE IV LOT SIZE 5.884 acres TOTA ALLOWABLE FLOW' ,5~BB4 dcres' ~ 300 go/./day/ocre GREENHOUSE DESIGN FI. OW~ Areo ='157.6 x 211.5 = 33~$3E. 4 21 ~ 118.3 = 2484,3 / = 1,765.1 gal./day 0.4 ~ 35,816.7 s.f. = 1.432.7 gal. HEBEON ARE VAI~D FOR TH~ MAP AND COPES Ti~EO~ ADDIT~NAL L Y ~0 CO~L Y MT~ S~ LAW THE T~ "AL T~ MUST BZ USED aY ANY ~.ALL SURVEYORS U~'A 'BRO~HT ' TO ' flg~ ABE NOT ~ COM~N~ T~IS IS~ TO LCERTIFy THAT THE 'SUBDIVIS~N PLA T HAS BEEN APPROV~ ' BY THE PLANNIN6 BOARD OF THE TOWN OF SOUTHOLD 8Y RESOLUT{ON , APPROVAL DA TED BY CHAPMAN PLANN~G BOARD ZONING DISTRICT: A-C ~ SCHOOL D/STRICT: g FIRE DISTRICTq' CUTCHOGUE CERTIFIED TO' BRIDGEHAMPT~)N NATIONAL BA ,N.K TRW TITLE INSURANCE COMPANY' ROBERT GRAEB ' .AREA = 7,872 Acres OWNER' : . ROBERT GRAEBt~ P.O, BOX 48. CUTCHOGUE, N, Y, 119.]5 REFERENCE- SETOFF MAP FOR ROBERT A, GRAEB & PHYLIS A. GRAEB FII.,ED IN THE OFFICE OF Tt~E SOUrFHOLD TOWN CI'ERK. ' ' CONTOUR LINES ARE REFERENCED TO THE FIVE KEY MAP SCALE.. I" = 800' BASSO UPON AN EVALUATION AND.INSPECTION OF THE ABOVE REFERENCED PROPERTY~ ; APPROVED BY PLANNING BOARD TOWN OF $OUTHOLD DEC O 6 ~'uu:~ Southold Town Plonnln~ SETOFF PERSISTENCE pROPERTIES, LLC A T CUTCHQGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. S R,,EcEIVED UFFOLii- CO'ONTy MiDDLI R 1000 - 84 - 01- 10.1 I H£RE~Y CERTIFY THAT THIS ,SUBDIVISION PLAT WAS MADE FROM A~TUAL SURVEYS COMPLETED ~/o8/~! ~ THAT.ALL MONUMENTS_ SHOWN THUS~ '~ ACTUALLY EXIST AND THEIR ROSITIONS ARE CORRECTLY · SHOWN AND. ~tL DIMENSiON. AL A~IO ~EODETIC DETAILS ARE CORRECT. J~I~N T. ME)'~i~ N.Y.S. L.S. LIC, NO. ~961B Scale= 1" .= 100' Mar. 8, 2001 Mar. 15, 2001 (additions) Mar. 19, 2001 ( revi$i6n ) - 2001 (rev/s/on} (rev/sion) ~OOB (well & C.P,) JUL Y B~ 2002 ( revision AUG. 26~ 200E (revision) ,, Nov. 22, 2002 (revisions) ROAD TEST HOLE 0 TOPSOIL ORANGE WHITE SAND SW SAND WIT SOME CRA VEL 379 ' PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM j. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 7, 2002 Richard F. Lark, Esq. 28785 Main Road P.O. Box 973 Cutchogue, New York 11935 Re: Proposed Set-Off for Persistence Properties North side of CR 48,941' NE of Cox's Lane in Cutchogue SCTM#1000-84-1-10.1 Zone: A-C Dear Mr. Lark: Please be advised that the maps, last revised November 22, 2002, have been signed by the Chairman. All conditions of final approval noted in the resolution, dated November 5, 2002, have been met. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman encl. CC: Tax Assessors Building Department PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2002 Richard F. Lark, Esq. 28785 Main Road P.O. Box 973 Cutchogue, New York 11935 Re: Proposed Set-Off for Persistence Properties North side of CR 48, 941' NE of Cox's Lane in Cutchogue SCTM#1000-84-1-10.1 Zone: A-C Dear Mr. Lark: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, held a final public hearing on this application. The final public hearing was closed and the following resolution adopted: WHEREAS, the applicant proposes to set off 1.99 acres (Lot 1 ) from 7.87 acres (Lot 2) in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on April 16, 2001 on the map dated March 19, 2001; and WHEREAS, the Suffolk County Department of Health issued approval on August 30, 2002; and WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, performed a review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on May 14, 2002; and WHEREAS, the applicant, through a Declaration of Covenants & Restrictions, has extinguished the right to build a residential structure on Lot 2 into perpetuity to omit the Park and Playground Fee required for new residential lots; be it therefore Persistence Properties - Page Two - 1116/02 RESOLVED that the Southold Town Planning Board grant conditional final approval on the map, dated as revised, August 26, 2002, subject to completion of the following conditions. If these conditions are not met within six (6) months of the effective date of this resolution, this conditional final approval will expire: The Covenants and Restrictions which were submitted on November 2, 2002, are acceptable. The final map must contain a notation that all Declaration of Covenants and Restrictions as required by the Planning Board have been filed. The notation must include the liber and page number of the filed documents. 2. The submittal of (2) mylar maps and (5) paper copies with Department of Health Approval. Please contact this office if you have any questions regarding the above. 19ennett Orlowski, Jr. ~ ' Chairman 1 ] SUFFOEK COUNTY CLERK Number of pages Serial # Certificate # Prior Cfi# TORREN~ Deed / Mortgage Instrument 41 Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-$217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy .5 00 Reg. Copy ~ Dist PRINTED IN BLACK INK ONL~ :1 Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Real Property Tax Service Agency Verification Section Block Lot 1000 084.00 01.00 010.000 __ Check X Charge.__ FEE PAID BY: Cash Payer same as R & RX._~_ OR: IOR TO RECORDING OR FILING. Recording / Filing Stamps Mortgage AmC 1. Basic Tax 2. SONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Title Company Information N/A Company Name N/A Title Number RICHARD F1 LARK ATTORNEY AT LAW M~,ln Road - P.O. Box 973 Cutohoguo, NY 11935-oq?3 RECORD & RETURN TO (ADDRESS) Suffolk County Recording & Endorsement Page Declaration of Covenants and This page forms part of the attached ~s~ie~i~.~ (Deed, Mortgage, etc.) ROBERT A. GR~EB and PHYLIS A. GP~EB The premises herein is situated in SUFFOLK COUNTY, NEW YORK, made by: In the TOWN of Southold In the VILLAGE or HAMLET of SCHEDULE Page 1 of 5 Cutchogue DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this //~ --- day of ~¢~ 1995, by ROBERT A. GRAEB and PHYLIS A. GRAEB, his wife, residing at 22425 Route 48, Cutchogue, New York 11935, hereinafter called the "Declarants." WHEREAS, the Declarants have title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, said land being more particularly described in Schedule A attached hereto; and WHEREAS, the Declarants have applied to the Planning Board of the Town of Southold for a two lot setoff of the property described in Schedule A, as shown on "Setoff Map for Robert A. Graeb and Phylis A. Graeb at Cutchogue, Town of Southold, Suffolk County, N.Y." prepared by Peconic Surveyors, P.C., dated August 3, 1993, last revised 9/21/94; and WHEREAS, the Planning Board of the Town of Southold on February 9, 1994, required certain covenants and restrictions be placed on the property described in Schedule A, as a condition for final approval of the setoff. NOW, THEREFORE, the premises described in Schedule A shall be subject to the following covenants and restrictions: 1. In the event Lot Number 1, as shown on the "Setoff Map for Robert A. Graeb and Phylis A. Graeb at Cutchogue, Town of Southold, Suffolk County, N.Y." is subdivided in the future, a 25 foot wide right-of-way to Middle Road (C.R. 48) will be constructed with a pavement width as required by the Town of Southold Highway Specifications for road improvements in effect at Page 2 of 5 the time of construction. Said 25 foot wide right-of-way will include the present 15 foot wide accessway from Middle Road (C.R. 48) to Lot Number 2 as shown on the aforesaid setoff map. 2. This subdivision is located near an existing landfill site and near an existing gun club. 3. These covenants and restrictions can be modified only at i the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be required. 4. The foregoing covenants and restrictions shall bind the Declarants, their heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarants have caused their hands and seals to be affixed this //~ day of January, 1995. STATE OF NEW YORK: : SS.: COUNTY OF SUFFOLK~ On this // ~ day of January, 1995, came ROBERT A. individuals instrument, before me personally GRAEB and PHYLIS A. GRAEB, to me known to be the described in and who executed the foregoing and acknowledged that they executed the same. Notar~li' c~~ Page 3 of 5 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of quffolk and ~tate of New York, bounded and described as follows: cf~ BEGINNING at a point on the northerly side of Middle Road, C.R. ~o. 48 formerly known as C.R. Mo. 27, which point marks the point where the easterly line of land now or formerly of I.P. Krupski intersects the said northerly side of Middle Road; running thence North 49° 09' 10" West along said land now or formerly of I.P. Krupski, 635.14 feet to land now or formerly of Julius 9kirel; thence Worth 47° 15' 00" West along said land now or formerly of Julius qkirel, 1,127.91 feet; thence North 70° 26' 20" East along other land now or formerly of Julius Skirel, 287.18 feet to land now or formerly of T. and E. Shalvey; thence South 47° 30' 30" East along said land now or formerly of T. and E. ~halvey and along land now or formerly of Mary C. Wewham, 1,761.56 feet to the northerly side of Middle Road; thence South 71° 30' 00" West along the northerly side of Middle Road, 275.05 feet to the point or place of BEGIN~IMG. Page 4 of 5 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: NLunber of Pages: 10 District: 1000 Received the Page/Filing COE TP-584 Cert. Copies SCTM DECLARATION COVENANT/RESTRICTiO Section: Block: 084.00 01.00 Recorded: At: LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS Following Fees For Above Instrument Exempt $30.00 NO Handling $5.00 NO NYS SURCHG $0.00 NO Notation $5.00 NO RPT $0.00 NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 11/25/2002 01:48:08 PM D00012221 847 Lot: 010.001 Exempt $5.00 NO $15.00 NO $0.50 NO $30.00 NO $90.50 N_umber of pages TORRENS Scrim # Certificate # Prior Ct£ # RECORDED 2002 Noo 25 01:48:08 PM Edward P.Romaine CLERK OF SUFFOLK COUNTY L D000t222I P 847 Deed / Mortgage Instrument Page/Filing Fee _ Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R-P.T.S.A. _ ~o oO Comm. of Ed. 5 QO Affidavit Reg. Copy Other M I Deed / ortgage Tax Stamp FEES ~mp Dale~ _ Sub Total Real Property Tax Service Agency Verification i Dist. Section B lock Lot 1000 084.00 01.00 .001 lnitialsLL,~ Satis~cfions/Discharges/Releases ListPropertyOwne~Maili RECORD& RETURN TO: LARK & FELTS ESQS P O BOX 973 CUTCHOGUE NY 11935-0973 Recording / Filing Stamps :e Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax Mansion Tax The property covered~y this mortgage is or will be improved by a one or two family dwelling only. YES_ or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ -0- CPF Tax Due $ -0- X Vacant Land TD 10 TD TD Suffolk C( This page forms part of the attached - PERSISTENCE PROPERTIES, ~X PLANNING BOARD OF THE TOWN OF _ SOUTHOLD Title Company Information Co. Name N/A Title # N/A & Endorsement DECLARATION OF MODI --COVENANTS AND RESTRICTIONS (SPECIFY TYPE OF INSTRUMENT ) LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Cutchogue made by: BOXES 5 TI-LRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Page 1 of 10 (OVER) DECLARATION OF MODIFIED COVENANTS AND RESTRICTIONS THIS DECLARATION made this 25th day of November, 2002, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Compan] with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the "Declarant,,. WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York (SCTM #1000-84-1-10.1), said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a set-off of Lot 1 as described on a certain map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.,,, prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised November 22, 2002, a copy of which is attached hereto as Schedule B; and WHEREAS, the Declarant has placed certain restrictions upon the premises as set forth in a Declaration of Covenants and Restrictions dated July 3, 2001 and recorded in the Suffolk County Clerk's Office on July 16, 2001 in Liber 12129 Page 862 and which Declaration the Declarant wishes to supersede and modify by clarifying the intent of the aforesaid Declaration. NOW, THEREFORE, the Declarant declares the aforesaid land is held and shall be conveyed subject to the following covenants and Page 2 of 10 restrictions which supersede and modify in their entirety the Declaration of Covenants and Restrictions heretofore referred to in Liber 12129 Page 862: 1. There shall be no further subdivision of any lot as shown on the aforesaid set-off map, in perpetuity. 2. There shall be no residential structure placed on Lot 2 as shown on the aforesaid set-off map, in perpetuity. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. PERSISTENCE PROPERTIES, LLC BY~~e b/,~m~e r STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 25th day of November, in the year 2002, before me, the undersigned, personally appeared THOMAS R. GRAEB 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. Notary Public C<3mmb~ ~ OcL 31, ~0~, Page 3 of 10 STATE OF NEW YORK COUNTY OF SUFFOLK SS: I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF/ DEED LIBER /.~ / AT PAGE .~/-~_~. RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. lIN TESTIMONY WHEREOF, I HAVE HEREUNTO SET M.Y I~AND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~_~- DAY OF ~¢'O I~ ~~_~~ CLERK 12-0169 12/97cg SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48); running thence from said point of beginning along land now or formerly of I.I.P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; running thence along said last mentioned land North 47° 15' 00" West 742.71 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said last mentioned land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 47° 30' 30" East 1502.65 feet to the northerly side of Middle Road (C.R. 48); running thence along the northerly side of Middle Road (C.R. 48) South 71° 30' 00" West 257.90 feet to land now or formerly of I.I.P. Krupski and the point and place of BEGINNING. Page 4 of 10 Town Of Southoid P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/04/01 Transaction(s): Application Fees Receipt~: Cash#: 506 5O6 Subtotal $250.00 Total Paid: $250.00 Name: Persistence, Properties Robert Graeb, Sctm #1000-84-1-10.1 Clerk ID: JOYCEW Intemal iD: 29399 TItI3 PRCPO3AI, S TO SET OFF A [fl~_,ACR]~,PARC i: ;;It' ?d AN EXISTING ~ --- SET OFF Application reviewed at work session Applicant advised of necessaly revisiom~ Revised sub mission received Sketch [)lan approval -with conditions Lead Agency Coordination SEQRA dleter mination Sent tc Fire Commissioner Receip: of firewell location No~.ificatio,~ to applicant to include on final mag) Sent to Cot nty Planning Commission Receipl. of Count}, Report Revie~ of ~CPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed C¢)venants and Restrictioas received Receipt of mylars and paper prints with Health approval Final Public Hearing ApprovaJ[ of set off --with ccnditions .. ~ P6 P ~: 4. ~'~n 7'~ ~o~-t~'D Endorsement of set off APPLICATION FOR APPROVAL OF PLAT To tile Planning Board of the Toxvn of Southold: Tile undersigned applicant hereby applies for (l-o.~*a-t-i-¥~-) (final)approval of a subdivision plat in accordance with Article 16 of tim Town Law and the Rules and Regulations of the Southold Toxvn Planning Board, and represents and states as follows: 1. Tile applicant is the owner of record of the land under application. (If the applicant i~ n'ot tile owner of record of the land nnder application, the applicant shall state his interest in said land under application.) 2. Tile name of the subdivision's to be ."Set-off for Persistence Properties, LLC" (Plot,?l to be set-off from Plot ~[2 on' t~ ';'M~ '~' '~g~'t' '~'~'~j~' ~"Ph~'~'k.' G.K~e.~_ .an..d .fi. 1..e.d in the Suffolk County Clerk's Office on 3uae 2, 1995 as [{ap No. 9689 3. The entire land under application is described in Scbedule . lereto annexed. (Copy of deed suggested.) Plot #1 is described in Schedule A-i hereto annexed. 4. The land is beld by the applicant undcr deeds recorded in Suffolk County Clerk's office as folloxvs: - Liber 11778 Page 941 ' .............................................. On June 19, 1996 -~i-b~r ........................ 4Mg-e- ...................... Orr ....................... -L-4% er ... -4,4 ~.~r ........................ ~e- ...................... Orr ....................... 4h~er-. ....................... 4>~-e- ...................... Orr 5. The area of the land is ..7.-.8.7.%.8 ........ ~cres. 6. Ail taxes which are liens on the land at the date bereo[ bare been paid-e~eept- ............ 7.The land is encnmbered by a mortgage (~) as follows: ............................................................. Consolidation, Extension & Modification Agreement (a) M~ recorded in Liber 19017 .............. Page .~ ............. in original amount of $~Q~,QOQ.00 . unpaid amonnt $ ~50.00 N~g$gF.~.~FN~ address .. g.{~.~p. St~¢~. H~ghway, Br~dgehampton, New York 11932. ............................ ~& - ~&&~.~ .................. -~d-h.-. ........ .... : ......... x~dr~* 8. There are no other encumbrances or liens against the land e.'.~.efft- ........................ 9. The land lies in the following zoning use districts !'P~'T{~['. agr.$¢v3, t~ur~.l/.rjgrt~.ey¥~.t~-.qr~.. i0. N . : o part o{ the land lies under water whether tide water, stream, pond water or otherwise?-eee. 11. The applicant shall at his expense install all required public improvements. 12. The land ('d~) (does not) lie in a \Vater District or Water Supply District. '-t~i~t-,-i4- -.~i-f h i~- ~ -~/-sit. ie ~ -/~ ............................................................. No 13./~Vater mains will be laid by apglican~. No 14] Electric lines and standards will be installed by ~R~9~.~. ~.~ .~ ~o 15./Gas mains will be installed by . . APP~.q~qF.- ............ .......................... 16. If streets shown on the plat are claimed by the applicant to be existiug public streets in the SuffOlk County Ilgm-ay svsten ........ '~~, · ......... . .....~, to show same. gee survey of Peconic SurveYors, P.C. dated ~arch 19, 2001. 17. l[ streets shown on the plat are claimedby the applicant to be existing public streets in the Town o[ South. Id IH~hway s)'stem,~~O.~'~', hereto to show same. N/A I~. There are no existing- huildiu~s {~r structorcs on thc land which arc m)t located ;md shown on the plat. 19, 20. 21. \Vhcrc thc phtt Mnms lU-.poscd streets which ;Irc extcusitms .f streets {,It adjoinim.r sub- division maps hcrctoi{~rc filed, there arc no reserve strips at thc cml of thc streets on said cxistin~ malta at thci~ conjunCtlous wilh thc i}rop.sc(I streets 335 .f the Rs'al Pr.perry [.aw. -~a~4~-'aD" (See attached Declaration of Covenants and Restrictions dated January 11, 1995 and red6rded in the Suffolk County Clerk's Office on April 12, 1995 in Liber 11721 Page 501, a copy of which is attached hereto as Schedule B.) 22. The applicant estimates that the cost o[ grading and reqeired public improvements will be $..TO?'. .... as itemized in Schedule "E" hereto annexed and reqoests that the matority of the Performance Bond be fixed at . ...-.0.'7 ....... years. The Performance Bond will be written by a licensed surety company unless otherwise s o n..*w~-~ene,x, xt~--v- . DATE March. 29 492001 PERSISTENCE PROPERTIES, LLC (Name of Applicant) By ...... ~.. 7. .......... ' ....... (Signature(a-ff'd Tit~John A. graeb, Managing Member 22425 County Route 48 CUL~2.txo. gu.o.,..N.e.w...¥9.r, ls.. 1. ~.9. ~.5. ............. (Address) STATE OF NE\V YORK, COUNTY OF SUFFOLK ss: On the. ¢.~b ............ day of. 9.Egh. ,. thy. y99 .... t . 993., before the undersigned, per§onally appeared JOHN A. GRAEB ~er~onally known to me or proved to me on the basis or satisfac~o be tke indivi~uaz .whos~ ~ame is subscrlD~d to the within ~strument g~d acknowle~ge~ to--at ~ exe~u~a~e ~n~ capacity, and t0at.by nls signature oP the Instrument, the lnOlvloual or t~e person ~ ~~ ~.- ~ ~&~~-. .......... ~cutcd~ upon oenaxz oz wn~ch the ~v~dual acteo, executed the znstrument. Notary Public . tt~8~%l~tCSl~ ST..\TE OF NEVv' YORK. COUNTY OF ............................ ss: On the ................ day ............ of ............... 19 ....... before me personally came ..................... to me known, who being by me duly sworn did de- p.se and say that ......... '... resides at No .................................................... .......................... that .......................... is the .......... the corporation described in and which executed thc foregoing instrtmmnt; that ............ kuoxvs the -cai <)f srJid corlmration; that the seal affixed hy order.f thc board of directors of said corporation. Notary Public BOXES 5 THRU 9 MUST BE TYPED~ _ ~ PRINTED IN BLACK INK ONLY ~'DR TO RECORDING OR FILING 11 SUFFOLK COUNTY CLERK 2.I : 35244 3[ Number of pages $ TO~NS R~ E~'VA~ Eu~/~ CLE¢~K 0V scri~l~ JUN 19 I~b SUFFOLK COU~TY ~ Ce~ificate 0 ~ ~ T~ 352 4 DeedlMo.gagelnst~menl II o..,,~o.~,. T~Stamp Il Rccording/FilingStam,s 4 ~ ~ FEES Handling ~. 1. ~aic T~ TP-584~. 2. SONY~ Notation . Sub Total EA-5217 (County) ~ Sub Tot,~.~ / 3. SI,et.lAdd. EA-5217 (State) TOT. MTG. T~ ~P.T.S.A. ~. ~ ~~~ Dual Town Dual County Held for Appo~io~t Transfer T~ Affidavit ~ ~an~ion T~ Ce~i~ed C~p~ The pmpe~ ~overed by thi~ mo~gage  i~ or will be improved b~ a one or two Reg. Copy Sub Total . famil~ d~elling only. ~ YES or ~O Other G~ TOT~ ~ NO, ~ appropriate t~ ~la~ on ~ page g of thi~ instrument. ~ ~ ~eal Vropem~ T~ S~ite Agency Verification Title Comply i000 08~. 00 01.00 0[0. 001 Stamn ~ Title Number Cash Check X Charge Lark S Folrs, Esqs. ~a~n Road - P.O. Box 973 Payer~amea~R&R Cutchogue, ~ew York 11935 OR: 8 ~CO~ & ~TU~ TO (ADDRESSI Suffolk Coun Recording & Endorsement Page This page forms part of the attached ~ made by: (Deed, Mo~gage, etc.) JOHN A. G~EB and THO~S R. G~EB~ as The premi~e~ herein i~ ~itnsted in SUFFOLK CO~N~ NEW YO~. tonants ~n comon TO In the TOWN of Southold ~ERSISTERCE PROPERTIES ~ LLC In the ~GE or ~MLET of Cutchogue Page 1 of 5 pages T.\X [ )1"~1( ;N.\l It )N I)i>t 1000 5,, 84 BI[ 1 I .~l~ 10.1 CONSULT YOUR L~WYER iRE SIGNING THIS INSTRUMENT--THIS iNSTR~NT SHOULD BE USED BY LAWYERS ONLY. THI~II~DEJ~'IJR~made ~e 17th day of June ,nineteen hundred and ninety-six BETWF_,F_~ JOHN A. GRAEB, residing at 625 Eugene's Road, Cutchogue, New York 11935 and THOMLAS R. GRAEB, residing at 22425 Route 48, Cutchogue, New York 11935, as tenants in common party ofthe firstpa~,and PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935 party of the second pa~, I~/I~F.~, that the pamy of the first part, in consideration of Ten and 00/100 ............... ......................................................................... dollars, lawful money of the United States. and other valuable consideration paid by the party of the second part, does hereby grant aod release unto the party of tile second part, the heirs or successors and assigns of thc party of tile second part fi)rover, ALL thatcc~ainplot, l)i~e or parcel o[land, withthelmildings and iml)rovemcnts thereon erected, situate, at Cutchogue, lying and beingltic~ Town of Southold, County of Suffolk, and State of New York, belng known and designated as Lot No. 1, on a certain map entitled, "Hap of Robert A. Graeb and Phylis A. Graeb," and flled in the Suffolk County Clerk's Offlce on June 2, 1995, as flled Hap No. 9689, belng more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road, C.R. 48; which point marks the point where the easterly side of land now or formerly of I. P. Krupski intersects the said northerly side of Middle Road; RUNNING THENCE from said point of beginning along land now or formerly of I. P. Krupski North 49 degrees 09 minutes 10 seconds West 635.14 feet to land now or formerly of Julius Skirel; RUNNING THENCE along land now or formerly of Julius Skirel North 47 degrees 15 minutes 00 seconds West 742.71 feet to Lot No. 2 as shown on the above mentioned filed map; RUNNING THENCE along Lot No. 2 the following two (2) courses and distances: 1. North 42 degrees 29 minutes 30 seconds East 240.43 feet; 2. South 47 degrees 30 minutes 30 seconds East 1502.65 feet to the northerly side of Middle Road; RUNNING THENCE along the northerly side of Middle Road South 71 degrees 30 minutes O0 seconds West 257.90 feet to land now or formerly of I. P. Krupski and the point and place of BEGINNING. TOGETHER WITH a right-of-way fifteen (15) feet in width over Lot No. 2 on the map entitled "Map of Robert A. Graeb and Phylis A. Graeb" filed in the Suffolk County Clerk's Office on June 2, 1995 as filed Map No. 9689, for ingress and egress, which right-of-way is more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road, C.R. 48; which point marks the point where the westerly side of land now or formerly of Stanley Mokus intersects the said northerly side of Middle Road; running Page 2 of 5 pages thence from said point of beginning along the northerly side of Middle Road, South 71° 30' 00" West 17.15 feet to Lot No. 1 as shown on the above- mentioned map; running thence along Lot No. 1 North 47° 30' 30" West 1,502.65 feet to a point; running thence North 42° 29' 30" East 15± feet through Lot No. 2 to land now or formerly of T. & E. Shalvey; running thence along said land now or formerly of T. & E. Shalvey and land now or formerly of Stanley Mokus, South 47° 30' 30" East a distance of 1,516± feet to the northerly side of Middle Road, C.R. 48 and the point or place of BEGINNING. SUBJECT to: Mortgage to The North Fork Bank & Trust Co. dated 3/6/87 in the original principal amount of $89,000.00 and Mortgage to The North Fork Bank & Trust Co. in the original principal amount of $261,000.00; which mortgages were consolidated on 6/8/87 to form a single mortgage lien in the principal sum of $350,000.00; which mortgages as consolidated were assigned to Southold Savings Bank on 9/15/88; Mortgage dated 9/16/88 to Southold Savings Bank in the original principal amount of $292,132.20; which mortgages were consolidated on 9/16/88 to form a single mortgage lien in the principal sum of $635,000.00; which mortgages as consolidated were extended and modified on 8/28/89; which mortgages as consolidated, extended and modified, were assigned to The Bridgehampton National Bank on 11/30/95; and Mortgage to The Bridgehampton National on 12/6/95 in the original principal amount of $18,075.13; which mortgages were consolidated, extended and modified on 12/6/95 to form a single mortgage lien in the principal amount of $601,000.00, which mortgage lien on the aforesaid premises is held by Bridgehampton National Bank in the unpaid amount of $596,559.14, which mortgage debt the party of the second part assumes and agrees to pay. SUBJECT to covenants and restrictions of record. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated June 17, 1996, amd being recorded simultaneo~sly, hereWi~ in the Office of the Clerk:ofithe Gounty of Suffolk. Page 3 of 5 pages TO~F_.'rl-IF_.R with all right, title and ~nterest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center fines thereof, TOC~-"TI-t~ with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO I-lAVE/kNl) TO HOI.~ the premises berein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. Alii) the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with $ectiou 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~TNF.,S$ 'fffHF_.RF_.OI~, the party of the first part has duly executed this deed the day and year first above written. THOMAS R. GRAEB PERSISTENCE PROPERTIES, LLC By JOHN A. ~R~B, man~g member Page 4 of 5 pages Cn the 17thday of June l~:rsonally cune JOHN A. GRAEB Ss: 19 96 , before me tc me known to be the individual described in and who eoce~uted the foreg~ng instrument, and acknowledged that lIE executed the stone. ~o~ary P/dblid ig~RY LOU FOLT~ Notary Public, State d NOw Yo~k No 1000~r~-Su~o~k County Cor,,,~;~.,:.. ,:.,i,ir~.~ ~r. 30,1997 STATE OF NEW YORK. COUNTY OF SUFFOLK ss: Oa :he 17th day of June 19 96 , before me pets, really came JOHN A. GRAEB to me known, who, being by me duly sworn, did depose and sa~, that he resides at No. 625 Eugene's Road, Cut,:hogue, New York 11935 ; thtt he is :t~managing member of Pi~RSISTENCE PROPERTIES, LLC the limi ted liability company, ltmglaat'~m~i;.,~ described in and which executed the foregoing instrument; le~gxx~41 R~ and that he si~ed his name thereto by l~ order. of ~he members of ~he company. JOHN A. GRAEB and THOMAS R. GRAEB TO PERSISTENCE PROPERTIES, LLC STATE OF NEW TORI~UNTY Of: SUFFOLK ss: On the 17th day of June 1996 , before me personally came THOMAS R. GRAEB to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that HE executed the .same. Notary P~lfiic ' ~iARY LOU FOLTS Notary Public, Stms ol NOw Yo~ No. 1000~ffolk ~ STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN TAX BII.LING Al)DRESS Recorded At Request of Ticor Title Guarantee Company UI~TU~'~I BY MAIL TICOR TITLE GUARANTEE Zip No. SCHEDULE A-1 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being known and designated as part of Lot No. 1 on a certain map entitled, "Map of Robert A. Graeb and Phylis A. Graeb" and filed in the Suffolk County Clerk's Office on June 2, 1995, as file Map No. 9689, being more particularly bounded and described as follows: ~ BEGINNING at a point which is the southwesterly corner of the premises about to be described, which said point is distant the following two (2) courses and distances from a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I. P. Krupski intersects the said northerly side of Middle Road (C.R. 48): (1) running thence along land now or formerly of I. P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; and (2) running thence along said last mentioned land North 47° 15' 00" West 383.71 feet; running thence from said point of beginning still along land now or formerly of Julius Skirel North 47° 15' 00" West 359.00 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 47° 30' 30" East 359.00 feet to land of Persistence Properties, LLC; running thence along said last mentioned land South 42° 29' 30" West 242.04 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way fifteen (15) feet in width over Lot No. 2 on the map entitled "Map of Robert A. Graeb and Phylis A. Graeb" and filed in the Suffolk County Clerk's Office on June 2, 1995 as file Map No. 9689 for ingress and egress from the above-described premises to Middle Road (C.R. 48). March 29, 2001 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Set-off for Persistence Properties, LLC The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk'County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, PERSISTENCE PROPERTIES, LLC John. Grae~ Managing Member Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are there any wetland grasses on this parcel? (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) No 2. Are there any other premises under your ownership abutting this parcel? ~s- Ne 3. Are there any building permits pending on this parcel? No 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) No 5. Is there any application pending before any other agency with regard to a different project, on this parcel? ~f-e~- No 6. Was this property the subject of any prior application to the Planning Board?(Set-off of a Yes 2.3~80 acre lot from an existing 10.25 acre parcel approved On May I8, 1995.7 , ~ 7. Does this property nave a va±ia certificate of occupancy, if yes please submit a copy of same Yes I certify that the above statements are true and will be relied on by the Planning Board in considering this application. 3/29/01 BYsignat~ of prd~rty owner or authorized agent date John A. Graeb, Managing Member STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ~9th day of March in the year 2001, before me, the undersigned, personally appeared JOHN A. GRAEB 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. Notary Public FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17353 Date September 27~ 1988 THIS CERTIFIES that the building. GREENHOUSE Location of Property 22425 COUNTY ROAD # 48 House No. Street County Tax Map No. 1000 Section 084 Block 01 Subdivision Filed Map No. CUTCHOGUE~ N.Y. Hamlet Lot 10 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 10g 1987 pursuant to which Building Permit No. 15915-Z dated APRIL 16~ 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AGRICULTURAL GREENHOUSE AS APPLIED FOR The certificate is issued to ROBERT & PHYLLIS GP2%EB (owner, X~) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO.N833937-9/24/87 & N840553-10/29/87 PLUMBERS CERTIFICATION DATED SEPT. 19~ 1988 - MATTITUCK PLUMBING & HEATING CORP Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19108 Date JUNE 4e 1990 THIS CERTIFIES that the buildin~ AGRIu0~TURAL BUILDING Location of Property 22425 COUNTY ROAD #48 CUTC~OGUEt N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 84 Block O1 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 4r 1988 pursuant to which Building Permit No. 16811-Z dated MARCH 4e 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AGRICULTURAL GRF~NHOUSE AS APPLIED FOR. The certificate is issued to (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED ROBERT A. GRAEB N-075030 - JUNE 6t 1989 N/A FO~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. u~KTIFICATE OF OCCUPANC~ No Z-24914 Date MARCH 5, 1997 THIS CERTIFIES that the buildin~ NEW DWELLING Location of Property 23626 COUNTY ROAD ~48 House No. Street County Tax Map No. 1000 Section 84 Block 1 Subdivision Filed Map No. UuTCHOGUE~ N.Y. Hamlet Lot 10.1 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 15, 1995 ~ursuant to which Building Permit No. 22862-Z dated AUGUST 29¢ 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLIN~WITHATTA~v TWO CAR C~%RAGE & REAR DECK AS APPLIED FOR. The certificate is issued to of the aforesaid building. THO~%S & DIANE GRAEB SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R-10-95-0088-AUG. 9, 1996 UNDERWRITERS CERTIFICATE~NO. N-395681 - AUGUBT 29, 1996 PLUMBERS CERTIFICATION DATED Rev. 1/81 FEB. 14, 1997- PEAK PLUMBING & HEATING The To~n of $outhold's Code of Ethics prohibits con£licCs of interest on the part of town of£1cers and em_ l~ees. The ~_r~ose of this £orm Is to p[ovide information which can alert the town of possible coll£licts o£ interest and allow it to take whatever action is necessa[Lto avoid same. Persistence Properties, LLC Approval of p~at X (If "other," name the 'activity. ) YES -- NO X parent, or child Is (check ali. that appty), RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 March 17, 2003 Mr. Mark Terry Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (SCTM #1000-84-1-10.1) Dear Mr. Terry: In connection with the above-captioned matter, I am enclosing a print of the map which was filed in the Suffolk County Clerk's Office on Jan. 29, 2003 as File No. 10893. Thank you for your help on this matter. RFL/bd Enclosure Very truly yours, k~ichard F. Lark 5.T"; 2. GTF. ~ CERTIFICATE OF ABANDONMENT :TENCE PROPERTIES, LLC, a New York limited liability its principal place of business at 22425 County ltchogue, New York 11935, for the purposes of abandoning and canceling Lot 1 as shown on a certain map entitled, "Setoff Map for Robert A. Graeb & Phylis A. Graeb, at Cutchogue, Town of Southold, Suffolk County, N.Y." and filed in the Office of the Clerk of the County of Suffolk on June 2, 1995 as Map No. 9689, pursuant to Subdivision 3 of Section 335 of the Real Property Law of the State of New York, does hereby certify: 1. A certain map subdividing a tract of land situate at Cutchogue, in the Town of Southold, Suffolk County, New York, into lots entitled and named "Setoff Map for Robert A. Graeb & Phylis A. Graeb, at Cutchogue, Town of Southold, Suffolk County, N.Y.,, was filed in the Suffolk County Clerk's Office on June 2, 1995 as Map No. 9689 (SCTM #1000-84-1-10.1 and 10.2 f/k/a 1000- 84-1-10). 2. More than two years have elapsed since the filing of the map. 3. The tract of land owned by the undersigned, the subdivision of which is to be abandoned and canceled, is Lot 1 on the aforesaid subdivision, which is more particularly described in Schedule A which is attached hereto and contains 7.8718 acres. 4. Endorsed hereon is the approval by the Assessor of the Town of Southold. ~_4 793r #ABS. No. , FILED ILED JAN 2 9 2~ ~.~ CLERK OF SU~OLK COUNTY 5. Submitted herewith is an abstract of title by Ticor Title Insurance Company of the tract of land to be abandoned covering a period of at least twenty years last past and a Certificate of the Suffolk County Treasurer to the effect there are no unpaid tax liens against the land, to be approved by the County Clerk of Suffolk County at the time of recording hereof. IN WITNESS WHEREOF, this Certificate is made and executed this 14th day of January, 2003. PERSISTENCE PROPERTIES, LLC By Jo~ul~A. Gr~, Managing Member STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 14th day of January, in the year 2003, before me, the undersigned, personally appeared JOHN A. GRAEB 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. Notary Public BA,9 Bg~ D;ACHUN Norm,/Pubtic, Sta~e of New ¥ori< SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48); running thence from said point of beginning along land now or formerly of I. P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; running thence along said last mentioned land North 47° 15' 00" West 742.71 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said last mentioned land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 47° 30' 30" East 1502.65 feet to the northerly side of Middle Road (C.R. 48); running thence along the northerly side of Middle Road (C.R. 48) South 71° 30' 00" West 257.90 feet to land now or formerly of I. P. Krupski and the point and place of BEGINNING. I, the undersigned' the Assessor of the Town of Southold, Suffolk County, New York, do hereby approve and consent to the foregoing Certificate of Abandonment. Dated:~uary 14, 2003 -f~'~bert I. Scott/'.Jr. STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 14th day of January, in the year 2003, before me, the undersigned, personally appeared ROBERT I. SCOTT, JR. 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. Notary Public B~8,~ D~ACHUN Notmy Public, State of New Yo~ No 01DI4~351 A). Suffoik County,. C<~nrnlssion 'E~ir~ Oct 31, The Bridgehampton National Bank, as holder of certain mortgages on the property described in the foregoing Certificate of Abandonment, do hereby approve and consent to the foregoing Certificate of Abandonment. Dated: January 14, 2003 THE ~ONAL BANK By_ Peter Coleman, Vice President STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 14th day of January, in the year 2003, before me, the undersigned, personally appeared PETER COLEMAN 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. Notary Public RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 December 4, 2002 Mr. Mark Terry Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (SCTM #1000-84-1-10.1) Dear Mr. Terry: Pursuant to the resolution adopted by the Board on November 4, 2002, I am enclosing the following: Certified copy of Declaration of Modified Covenants and Restrictions dated November 25, 2002 and recorded in the Suffolk County Clerk's Office on November 25, 2002 in Liber 12221 Page 847. Two mylars and five paper copies of the set-off map which contains the Department of Health Services approval and the notation regarding the Covenants and Restrictions. If all is in order, would you kindly have the Chairman endorse the mylars and paper copies of the map and return to me so I can have it filed in the Suffolk County Clerk's Office. RFL/bd Very truly yours, .Richard F~/~k Southold Town KEY MAP SCALE: 1"= 800' THE ABOVE REFERENCED PROPERTY~ iTER SUPPLY FACILITY, AS SHOWN '~-BY ME TO BE ADEOUATE FOR ~ING ORDER, SETOFF ~ERSISTENCE PROPERTIES, LL C A T' CUTCHOGUE TOWN OF $OUTHOLO SUi=FOLK. COUNTY, N. Y. 1000 - 84 - 01~ !I0. i. ",_.Y. ~" '-,'~ ":"' ","" P'~ ~ ~ 4- / 0 100' Mar. 8, 2001 Mar. 15, 2001 (additions) Mar. 19, 2001 ( revision ) - 2001 (rev/s/on/ (re vlsloni · 200~ (Well & ..C. PJ * JUL Y $~ ~00~ ( revision J AUG, 26~ ~00~ (revlslonl ,, Nov. ~2~ ~00~ (revisions) TEST HOLE TOPSOIL LOAMY CLAY OL ORANGE ._.-.--- ~ _, SAND "'""' 2,5' 9u ~ sw cC ~ A ~. J SO~E ~'' ~_ sw J BASED UPON AN EVALUATION AND.IN..~I=ECTION THE 'EXISTING ,$EWAi~E DI,,~PO~L SYSTEM AND ON ~ ATTAC~ED PLAN~ THEPROf~.OS£D USE AND.~J ENGINE'ER',S ~IG, NA rural 35 900' ~ tie . '~ COMPLETED ~loa/o/ , THAT ' FRO N GROUND Pla TER M,4NAGMENT. ZONE IV LOT SIZE 5.884 ocres '~ TOTA ALLOWABLE FLOW, .5~884 ~cres ~ 300 gd./doy/ocre = 1,765.1 gd./doy GREENHOUSE, DESIGN FL Areo = 157.6 ~ 211.5 = 33,332.4 21 x 118.3 = 2484~3 0.4 ~ 35~816.7 s.f. =1.432.7 ANY ALT~AT~N OR ~T~ TO $~Y ~ A ~ ~T AS,~ ~CT~ 7E09 - S~ ~. ALL ~ ARE VAL~ F~ ~ ~'P A~ C~S ~ ~ ~ F ADDIT~NALLY ~0 CO~L Y 'M~ ~ LAW T~ T~M '~L T~ ~$T BE USED BY ANY A~.ALL S~Y~S U~ A ~Y ~ ANOTHER S~VE~& ~P, ~ $~ AS ~C~ a~ ~ROU;HT - TO - D~TE ARE ~T ~ CO~MN~ MTH ~ LA~. T~S IS.. TO CERTIFY THAT .THE 'SUBDIVISION PLA T ~S BEEN APPROV~ ' BY THE PLANN~G BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION , APPROVAL DA TED BY CHAPMAN BLANNWG BOARD ZONING DISTRICT: A-C SCHOOL DISTRICT; 9 FIRE DIS TRIC 7~ CUTCHOGUE CERTIFIED TO~ .BRIDGEHAMPTi)N NATIONAL BANK TRY/ TITLE INSURANCE COMPA~VY ROBERT GRAEB OJCNER, :. '. ROBERT GRAEB!,; · P.O. BOX 48, CUTCHOGUE~ N.Y. 119 .*% .'AREA'= 7,872 Acres REFERENc~- SETOFF MAF ROBERT .A. 6RAEB & PHYL, FIt, ED IN THE OFFICE OF T TOiCN CI'ERK. . . ' FA$~ TOI~N8 ~,. ,4P~C M. RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 November 1, 2002 Mr. Mark Terry Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (SCTM #1000-84-1-10.1) Dear Mr. Terry: Enclosed is a duplicate original of the Declaration of Modified Covenants and Restrictions. If it meets with the Board's approval, I will record the original in the Suffolk County Clerk's Office and forward you a certified copy. Very truly yours, Richard F. Lark RFL/bd Enclosure Southold Town Plannina BoaM DECLARATION OF MODIFIED COVENANTS AND RESTRICTIONS THIS DECLARATION made this 1st day of November, 2002, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the "Declarant". WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York (SCTM #1000-84-1-10.1), said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a set-off of Lot 1 as described on a certain map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.", prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised August 26, 2002, a copy of which is attached hereto as Schedule B; and wHEREAS, the Declarant has placed certain restrictions upon the premises as set forth in a Declaration of Covenants and Restrictions dated July 3, 2001 and recorded in the Suffolk County Clerk's Office on July 16, 2001 in Liber 12129 Page 862 and which Declaration the Declarant wishes to supersede and modify by clarifying the intent of the aforesaid Declaration. NOW, THEREFORE, the Declarant declares the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which supersede and modify in their entirety the Declaration of Covenants and Restrictions heretofore referred to in Liber 12129 Page 862: 1. There shall be no further subdivision of any lot as shown on the aforesaid set-off map, in perpetuity. 2. There shall be no residential structure placed on Lot 2 as shown on the aforesaid set-off map, in perpetuity. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. PERSISTENCE PROPERTIES, LLC STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: O~ the 1st davy of November, in the year 2002, before me, the undersigned, pers6nally appeared THOMAS R. GR3IEB 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. Notary Public .~o~pu~ DIACHu~ No 01DH6351~0 . SuffoR Comly Comrn~ssion E~ires Oct. 31,200~ SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point which is the southwesterly corner of t premises about to be described, which said point is distant the following two (2) courses and distances from a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48): (1) running thence along land now or formerly of I.I.P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; and (2) running thence along said last mentioned land North 47° 15' 00" West 383.71 feet, the said point of beginning; running thence from said point of beginning along land now or formerly of Julius Skirel North 47° 15' 00" West 359.00 feet to land of Robert Ao Graeb and Phylis A. Graeb; running thence along said land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 470 30' 30" East 359.00 feet; running thence through land of Persistence Properties, LLC South 42° 29' 30" West 242.04 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way for purposes of ingress and egress from the above-described premises to Middle Road (C.R. 48) which is more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 48) which point marks the southeasterly portion of the right-of-way where it intersects the southwesterly side of land now or formerly of Stanley Mokus; running thence from said point of beginning along the northerly side of Middle Road (C.R. 48) South 71o 30' 00" West 28.59 feet to a point; running thence through land of Persistence Properties, LLC, North 47o 30' 30"' West 1143.69 feet to land being conveyed to Thomas R. Graeb; running thence along land being conveyed to Thomas R. Graeb the following two courses and distances: (1) North 42° 29' 30" East 10 feet; and (2) North 47o 30' 30" West 359.00 to land of Robert A. Graeb and Phylis A. Graeb; running thence along land now or formerly of Robert A. Graeb and Phylis A. Graeb North 42° 29' 30" East 15.00 feet to land now or formerly of T. & E. Shalvey; running thence along said land and land now or formerly of Stanley Mokus South 47" 30' 30" East 1502.69 feet to the point Qr place of BEGINNING. NING D TRICT A-C FIRE DISTRiCE' CUTCHOGUE AREA · Z872 Acres PERSISTENCE PROPER'T. IES, LLC TOWN GF $OUTHOLD SUPFOLK. COUNTY, NY. RICHARD F~ LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 October 30, 2002 Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (SCTM #1000-84-1-10.1) Gentlemen: In connection with the above-captioned matter, I am enclosing the Affidavit of Posting and Mailings along with the green signature cards which I received back from the certified mailings. Very truly yours, ~.~ichard F. L~rk RFL/bd Enclosures OCT 3]. Z~I~Z ~ Southold Town Planning Board AFFIDAVIT OF POSTING AND MAILINGS This is to serve notice that I personally posted the property known as 22425 County Route 48, Cutchogue, New York (SCTM #1000-84-1-10.1) by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on October 21, 2002 , I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property On October 21, 2002 Barbara Diachun Your name (print) Signature 875 School House Road, Cutchogue, New York 11935 Address October 30, 2002 Date Notary Public EDNA M. HOUSTON Notary Public, State of New York No~ 52-4634478 Qualified in Suffolk Count, y._ Commission Expires April 30, PLEA.CE IEETUIEN THIS AFFIDAVIT AND CERTIFIED MAIL £ECEIPT,..c ON THE DAY OF. 01~ AT THE PUBLIC/lEAFING Re: Proposed Set-Off for Persistence Properties SCTM#: 1000-84-1-10.1 Date of Hearing: Mort. , November 4, 2002, 6:05 p.m. Southold Town Planninl:t Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of $outhold for a set-off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-84-1-10.1; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is to set off a 1.99 acre parcel from an existing 7.87 acre parcel. The property is located on the north side of CR 48, 941' northeast of Cox's Lane in Cutchogue; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; That a public hearing will be held on the matter by the Planning Board on Monday, November 4, 2002 at 6:05 p.m. in the Meeting Hall .at $outhold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Robert Graeb/Persistence Properties Date: 10/8/02 PROPOSED SET-OFF 5.. PERSISTENCE PROPERTIES 1000-084.00-01.00-010.002 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fea (Endorsement Required) Robert A & Phylis A Graeb NY 11935 1000-084 . 00-01 . 00-012 · 001 Po~tage Certified Fee Return Receipt Fee (Endorsement Required) (Endorsement Required) Sent To s~reet,~7~.}~F~-~;~ ...... 157 Newtown Road ~'~,'~z ................................................................. I'IY 11946 1000-084 . 00-01.00-025. 003 Postage Certified Fee 10/2//02 Page 1 of 2 PROPOSED SET-OFF 5 . PERSISTENCE PROPERTIES 1000-084.00-04.00-006.001 Postage Ce.ifie0 ~ Return Receipt Fee (Endorsemont Required) Total Postage & Fees $ 4"~12 140 Ha~f HoZ~ow Road .............. j -~-~-~;~. .................................. D~x H~lls ~ 11746/ , PROPOSED SET-OFF t ~% PERSISTENCE PROPERTIES 1000-084.00-01.00-010.002 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maffplsoe, or on the front if space permits. 1. ,~ticle Addressed to: ~Obert A & ?hyl±s A Graeb t2425 CR 48 %utchogue N~ 11935 rf YES, enter belive~ address below: ~-I Agent 3, Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] ~nsured Mail [] C.O.D. 4, Restricted Delivery? (Extra Fee) 2. Article Number [] Yes PS Form 38 'J 1, August 2001 Domesfio Return Receipt 1000-084 · 00-01 · 00-012 . 001 · Complete items 1, 2, ancf 3. Also COmplete item 4 if Restricted DeUvery is desired, · Print your name and address on the reverse so that we can return · the card to you. Attach this card to the back of the mailplece, ~or on the front if space permits. 1. Ar~lcJe Addressed to: ~ichael & Maria Demchak t57 Newtowa Road yampton Bays NY 11946 A. Signature [] AOem 8. Received b.y (Pr/nted Name) D. Is betive~ address cllffem~t flora item 1 If YES, enter delivery a0dress below: [] No 2. Article Number 7000 (transfer from service ~bel) PS Form 38: a~ certified Mai] [] Express Mail [] Regietered t'-I Return Receipt for Merchandise [] C.O.D. 4. Reetrfcted Delivery? (Extra Fee) [] Yes 5657 102595-O2-M-1540 1000-084.00-01.00-025. 003 item · Print ao Thomas Thompson ~2890 Bridge L [CUtcho-u ane ~ e NY 11935 If YES, enter 1 Agent ~No PROPOSED SET-OFF t .< PERSISTENCE PROPERTIES 1000-084.00-04.00-006.001 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is des{red. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Steven Dubner 140 Half Hollow Road Dix Hills NY 11746 [] Agent O. Is delivery addres~ different from item 1 If YES, enter delivery address below: [] No 3. Service Type ~ t'~ Certified Mail [] Express Mail J [] Registered [] Return Receipt for Merchandise I 4, Restricted Deliv-e~y? (Extra F~e) [] Yes 2. ArticleNurnber 7000 1670 000! 0371 5640 (Transfer from service label) Ps Form 3811, August 2001 Domestic Return Receipt 102595-02-M- 1540 SuOmtsston Wtthout a Covee Letter Sender: ~bo--r~- Soutflold Town Plannlng Board DECLARATION OF MODIFIED COVENANTS AND RESTRICTIONS THIS DECI~RATION made this day of November, 2002, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the "Declarant". WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York (SCTM #1000-84-1-10.1), said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a set-off of Lot 1 as described on a certain map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.", prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised August 26, 2002, a copy of which is attached hereto as Schedule B; and WHEREAS, the Declarant has placed certain restrictions upon the premises as set forth in a Declaration of Covenants and Restrictions dated July 3, 2001 and recorded in the Suffolk County Clerk's Office on July 16, 2001 in Liber 12129 Page 862 and which Declaration the Declarant wishes to supersede and modify by clarifying the intent of the aforesaid Declaration. NOW, THEREFORE, the Declarant declares the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which supersede and modify in their entirety the~ Declaration of Covenants and Restrictions heretofore referred to in Liber 12129 Page 862: 1. There shall be no further subdivision of any lot as shown on the aforesaid set-off map, in perpetuity. 2. There shall be no residential structure placed on Lot 2 as shown on the aforesaid set-off map, in perpetuity. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. PERSISTENCE PROPERTIES, LLC By John A. Graeb, Managing Member STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the day of November, in the year 2002, before me, the undersigned, personally appeared JOHN A. GRAEB 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. Notary Public RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 October 11, 2002 Mr. Mark Terry Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (SCTM #1000-84-1-10.1) Dear Mr. Terry: Enclosed is a copy of the Amendment to Declaration of Covenants and Restrictions for your review. I deliberately left out the words "in perpetuity" as it is inconsistent with the language in paragraph 3. Let me know your thoughts and I will have the Declarant execute same. Further, at the public hearing on November 4, 2002 a majority plus one of the Board should approve the amendment. Awaiting your reply, I am Very truly yours, RFL/bd Enclosure OCT 1,5 zuu,'-- southold Tow. AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS DECLAP~ATION made this day of October, 2002, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the "Declarant". WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a lot set-off of the property described in Schedule A and as shown as Lot 1 on the map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.", prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised July 8, 2002; and WHEREAS, the Planning Board of the Town of Southold on April 16, 2001 required certain covenants and restrictions be placed on the property as shown on the aforesaid set-off map as a condition for final approval of the set-off; and WHEREAS, a Declaration of Covenants and Restrictions dated July 3, 2001 was recorded in the Suffolk County Clerk's Office on July 16, 2001 in Liber 12129 Page 862; and WHEREAS, the Declarant desires to amend and modify the aforesaid Declaration of Covenants and Restrictions. NOW, THEREFORE, the Declaration of Covenants and Restrictions is hereby amended and modified as follows: 1. There shall be no further subdivision of any lot as shown on the set-off map. 2. There shall be no residential structure placed on Lot 2 as shown on the set-off map. 3. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. PERSISTENCE PROPERTIES, LLC By¸ John A. Graeb, Managing Member STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the day of October, in the year 2002, before me, the undersigned, personally appeared JOHN A. GRAEB 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. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point which is the southwesterly corner of the premises about to be described, which said point is distant the following two (2) courses and distances from a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48): (1) running thence along land now or formerly of I.I.P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; and (2) running thence along said last mentioned land North 47° 15' 00" West 383.71 feet, the said point of beginning; running thence from said point of beginning along land now or formerly of Julius Skirel North 47° 15' 00" West 359.00 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 47° 30' 30" East 359.00 feet; running thence through land of Persistence Properties, LLC South 42° 29' 30" West 242.04 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way for purposes of ingress and egress from the above-described premises to Middle Road (C.R. which is more particularly bounded and described as follows: 48) BEGINNING at a point on the northerly side of Middle Road (C.R. 48) which point marks the southeasterly portion of the right-of-way where it intersects the southwesterly side of land now or formerly of Stanley Mokus; running thence from said point of beginning along the northerly side of Middle Road (C.R. 48) South 71o 30' 00" West 28.59 feet to a point; running thence through land of Persistence Properties, LLC, North 47° 30' 30"' West 1143.69 feet to land being conveyed to Thomas R. Graeb; running thence along land being conveyed to Thomas R. Graeb the following two courses and distances: (1) North 42° 29' 30" East 10 feet; and (2) North 47° 30' 30" West 359.00 to land of Robert A. Graeb and Phylis A. Graeb; running thence along land now or formerly of Robert A. Graeb and Phylis A. Graeb North 42° 29' 30" East 15.00 feet to land now or formerly of T. & E. Shalvey; running thence along said land and land now or formerly of Stanley Mokus South 47° 30' 30" East 1502.69 feet to the point Qr place of BEGINNING. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOI~ , P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 4th day of November, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed set-off for Bruce Isaacs. The property is located on the north corner of AIvah's Lane and the Long Island Rail Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-101-2-19 6:05 P.M. Public Hearing for the proposed set-off for Robert Graeb/Persistence Properties. The property is located on the north side of CR 48, 941' NE of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-10.1 6:10 P.M. Public Hearing for the proposed modification of Covenants & Restrictions for the approved Major Subdivision of James Stavdnos. The property is located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-106-9-4.9 Dated: 10/10/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 24, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPY SENT TO: The Suffolk Times ~ROM : S~]UTHQLD TOWN t3. O. Box 1179 53095 Route 25 ISc)uthold, NY 11971 P~one: (631) 765-1938 Fax: (631) 765-3136 E-Mail: ~lanning~southold.6rg The Suffolk Time~ ~m. Valede ~c~D~,'~ Please prim the following legal ads in the tO~4/O'~ edNen, Th~nks, 1114~'02 Regular Meeting: 6;00 p.m, Set-Offfor 0m~e I~aacs ~:0~ p,m, Persis~erme Properties Set-Off 6:10 p.m, Amendments to Stavrlrms Covenants & Restricl~ons Kindly ackn~wk,:Jge reoell~ I~ signL,~j below end fa;dn;I cover tet~r baol(. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 4th day of November, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed set-off for Bruce isaacs. The property is located on the north corner of Alvah's Lane and the Long Island Rail Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-101-2-19 6:05 P.M. Public Hearing for the proposed set-off for Robert Graeb/Persistence Properties. The property is located on the north side of CR 48, 941' NE of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-10.1 6:10 P.M. Public Hearing for the proposed modification of Covenants & Restrictions for the approved Major Subdivision of James Stavrinos. The property is located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck, Town of Southoid, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-106-9-4.9 Dated: 10/10/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Odowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 9th day of October, 2002 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 11/4102 Re(~ular Meeting: 6:00 p.m. Public Hearing for the proposed Set-Off for Bruce Isaacs SCTM#1000-101-2-19 6:05 p.m. Public Hearing for the proposed Set-Off for Persistence Properties SCTM#1000-84-1-10.1 6:10 p.m. Public Hearing for the proposed amendments to the Covenants & Restrictions of the Major Subdivision of James Stavrinos SCTM#1000-106-9-4.9 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this (~Y~Lday of O~4~'- ,2002. Notary Public UNDA J. COOPER Notary Public, State of New York No 4822563, Suffolk C~unty .~,~----- Term ~:,~pires Decemg~r 31~, ~o~'4:~r.~"'" NOTICE OF PUBLIC HEARING NOTICE IS HEREBy GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at 0ac Town Hall, Main Road, Southold, New York in said Town on the 4th day ag November, 2002 on the question of the foll6wing: 6:00 p.m. Public Hearing for the pro- posed set-off for Bruce Isaacs. The property is located on the north comer of Alvah's Lane and the Long Island Rail Road in Cutehogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-101-2-19 6:05 p.m. Pablic Heating for the pro- posed set-off for Robert Grae~ The prop- erty is located on the north side of CR 48, 941' NE of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1- 10.1 6:10 p.m. Public Hearing for the pro- posed modification of Covenants & Restrictions for the approved Major Subdivision of James Stavrinos. The property is located on the west side of West Mill Rd., L102' south of Naugles Dr. in Mattitack, Town of Southold, County of Suffolk, State of New York. SuffolbCounty Tax Map Number 1000- 106-9-4.9 Dated: 10/10/fi2 BY ORDER OF THE SOUTHOLD TOWN PLANNI~G BOARD Bennett Orlowski, Jr. Chairman 2492-1T 024 STATE OF NEW YORK) )SS: CO. UleTy, OF SpFJFOLK) ~/~,/~'Z~',~__._of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks succes- sively, commencing on the ~.~,Z day of d~.-'~ 20 ~'.~.~ /~/ 15rincipal Clerk Sworn to b~for~e me this day of (.~- 20 ~._~_~ LAURA E, BONDARCHU Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County 20..~.~ My Commission Expires Dec. 24, PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 8, 2002 Richard F. Lark, Esq. 28785 Main Road P.O. Box 973 Cutchogue, New York 11935 Re: Proposed Set-Off for Persistence Properties North side of CR 48, 941' NE of Cox's Lane in Cutchogue SCTM#1000-84-1-10.1 Zone: A-C Dear Mr. Lark: The Southold Town Planning Board, at a meeting held on Monday, October 7, 2002, adopted the following resolutions: WHEREAS, the applicant proposes to set off 1.99 acres (Lot 1) from 7.87 acres (Lot 2) in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on April 16, 2001 on the map dated March 19, 2001, which has previously been extended; be it therefore RESOLVED, to grant an additional six (6) month extension of sketch plan approval from July '16, 2002 to January 16, 2003 as requested by Richard Lark, Esq. in correspondence dated October 3, 2002; and be it FURTHER RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:05 p.m. for a final public hearing on the maps, dated March 8, 2001, last revised March 19, 2001. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post Will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts, AND the signed green return receipt cards from the certified Persistence Properties - PaRe Two - October 8, 2002 mailing before 3:00 p.m. on Friday, November 1st. The sirn and the post need to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman Encl. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a set-off; That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-84-1-10.1; That the property which is the subject of this application is located in the A-C Zoning District; That the application is to set off a 1.99 acre parcel from an existing 7.87 acre parcel. The property is located on the north side of CR 48,941' northeast of Cox's Lane in Cutchogue; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; That a public hearing will be held on the matter by the Planning Board on Monday, November 4, 2002 at 6:05 p.m. in the Meetin,q Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Robert Graeb/Persistence Properties Date: 10/8/02 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained In place for seven days prior to the date of the public hearing on I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLEA.CE RETURN TI-IlS AFFIDA VIT AND CERTIFIED MAIL £ECEIP I'~ ON 1HE DAY OF. OR A T TIlE PUBLIC ilEAl?lNG Re: Proposed Set-Off for Persistence Properties SCTM#: ~000-84-~-10.1 Date of Hearing: Mort., November 4, 2002, 6:05 p.m. § 58-1 NOTICE OF pUBLIC HEARING Chapter 58 NOTICE OF pUBLIC HEARING § 58-1 § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of publie hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is comPlete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board.or comm~sion reviewing an application shall provide for the giving of noVice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescriOed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public Or private street which the property involved in the application abuts, giving notice of the application, the nat~re of the. app.~.~, thereby and the time and place of the pu01xc thereon~ The sign shall be set back not more than ten (10) feet from the property line. The sign shall be imm~/~te~ precemng me ~w o. ~-, ~ hoartlxg. The applicant or his/her sgent shali fie an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the ownor~ of record of every property which ~but~ and evory property which is across from any public or private s~reet 5801 x-~-~ ROBERT GRAEB PERSISTENCE PROPERTIES 1000-84-1-10.1 Set off a 1.99 acre parcel from an existing 7.87 acre parcel. eMON.- NOVEMBER 4, 2002 - 6:05 P.M. O~t 03 O~ RICHARD F. LARK MARY L OU FOL TS & Folts LARK & FOLTS Attorneys at Law MAIN ROAD- P. O. ~Og 973 FAX TRANSMITTAL p.1 DATE: NUMBER OF FAOES INCLUDING COVER LETTER: If copy is illegible or incomplete, please call immediately for re~transmission. INSTRUCTIONS/~ESSA~E: OCT 0 ~ 2002 Southold Town Plannjn~Board RICHARD F, I-ARK MARY LOU FOLTS LARK & FOLTS Attoraeys at Law 28't85 MAIN ROAD - P. O. BOX 97,3 CUTCIIOGUE, NEW YORK I[935-0973 Teie. No. [,b31} 734-bSU7 Fax No. (63I) 734-~:651 October 3, 2C02 Mr. Bexnct: Orlowski, Jr. Southold Town Planning Board Iown H~I], 53995 Route 25 P. O. Box 1179 $outhold, New York 11971-C959 RE: Set-off for Persistence Properties, LLC (SCTM ~iocO-ei-i-lO.i) Dear Pr. O:!owski: The Suffolk County Deparument cf Health Se:vices has finally =.pprcved the r~ap which has been f{led with the Planning Board. I bel_ew~ this file is now complete to se~ a final he-zring. !herefore, I 5m requesting an exuens~on on the conditional sketch plat approval so a final hearing can be held on this matter. RFL/od RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 September 27, 2002 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, (SCTM #1000-84-1-10.1) Dear Mr. Orlowski: LLC Southold Tow I understand at the last work session of the Planning Board there was some questions on this set-off application concerning the Covenants and Restrictions dated July 3, 2001 and recorded on July 16, 2001 in Liber 12129 Page 862. These particular Covenants and Restrictions were pursuant to the Planning Board resolution of April 16, 2001 which granted conditional sketch plan approval subject to the following condition: "1. Covenants and Restrictions must be filed preventing further subdivision of any lot and the coexistence of residential and agricultural uses on the large lot." Before these Covenants and Restrictions were recorded in the Suffolk County Clerk's Office, they were presented to the Planning Board for approval. On June 8, 2001, Craig Turner who was at the time the Planner for the Planning Board, indicated in a letter to the undersigned the Board had approved the covenants. However, the Board wanted to make sure Lot 1 had a 25' right-of- way to Middle Road (C.R. 48). This was accomplished by including the right-of-way in the metes and bounds description in the Covenants and Restrictions. The Board then notified the undersigned on June 26, 2001, the covenants were acceptable for recording in the Suffolk County Clerk's Office. This was accomplished and ultimately the recorded covenants were forwarded to the Board. As you are aware, the application got delayed in the Health Department due to a tremendous backlog and when they finally approved the map, it was presented to the Planning Board for final approval. Mr. Bennett Orlowski, Jr. Southold Town Planning Board -2- September 27, 2002 There can be no question the Covenants and Restrictions in question were part of this application and in effect were specifically designed to prevent Lot 2, which contains 5.884 acres and the greenhouse, from being further subdivided without specific Planning Board approval. If you have any questions concerning same, do not hesitate to contact me. RFL/bd Very truly yours, RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 September 5, 2002 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (SCTM 01000-84-1-10.1) Dear Mr. Orlowski: In connection with the above-captioned matter, I am enclosing the setoff map of Peconic Surveyors, P.C. last revised Aug. 26, 2002 which contains approval of the Suffolk County Department of Health Services. Also enclosed is a certified copy of the Declaration pf Covenants and Restrictions dated July 3, 2001 and recorded in the Suffolk County Clerk's Office on July 16, 2001 in Liber 12129 Page 862. In my letter to you of June 20, 2001, I requested a waiver of the $5,000.00 park and playground fee for the reasons stated in the letter. Kindly advise. If all is in order, kindly place this matter on the next available Planning Board agenda for a final hearing and notify me of the date and time. Very truly yours, RFL/bd Enclosures SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTI Number of Pages: 4 District: Section: Block: 1000 084.00 01.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Recorded: 07/16/2001 At: 11:32:33 AM LIBER: D00012129 PAGE: 8 62 Lo t: 010.001 Page/Filing $12.00 NO Handling COE $5.00 NO TP-584 Notation $0.00 NO Cert. Copies RPT $15.00 NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Exempt $5.00 NO $0.00 NO $8.00 NO $0.00 NO $45.00 Edward P.Romaine County Clerk, Suffolk County TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Inslrument Deed / Mortgage Tax Stamp FEES RECORDED 2001 .Jul 16 11:32:35 Edward P.Romaine CLERK OF SUFFOLK COUNW L D00012129 P :362 Recording/Filiag Stamps Page / Filing Fee . tlaodling TP-584 Amt. I. Basic 'Fax 2. Additional Tax Nolatiou EA-52 17 (County) Sub Total / 7 EA-5217 (State) R.P.T.S.A. Colnm. of Ed. ,q~llified Co~p Reg. Copy Other 500 GRAND TOTAL ~'I~::~, Real Property Tax Service Agency Verification .-. '- I DIst. Section B lock Lot cttons/Discharges/Releases L~st I roperty Owners Madmg Address ~ RECORD & RETURN TO: LARK & FOLTS ESQS 28785 ~AIN RD P O BOX 973 CUTCHOGUE NY 11935-0973 I 6 Sub Total Spec./Assit, Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Iteld for Apportionment __ Traasfer Tax Mansion Tax The properly covered by this inortgage is or will be improved by a one or two fiunily dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ -0- CPF Tax Due $ N/A Improved X Vacant Land TD 10 TD TD PERSISTENCE PROPERTIES, sisI Title Company Information me N/A ITitle # N/A Suffolk County Recording & Endorsement Page 'lhis page forms part o£the attached Declaration of Covenants and Restrictions (SPECIFY TYPE OF INSTRUMENT ) LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: In the Township of In the VILLAGE or HAMLET of Southold Cutchogue BOXES 5 TI tRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDflglG OR FILING. Pa~e 1 ~f a toug~ 'DECLARATION OF COVENANTS AND RESTRICTIONS DECLAR3tTION made this 3rd day of July, 2001, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the ,,Declarant". WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a lot set-off of the property described in Schedule A and as shown as Lot 1 on the map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.", prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised May 18, 2001; and WHEREAS, the Planning Board of the Town of Southold on April 16, 2001 required certain covenants and restrictions be placed oB the property as shown on the aforesaid set-off map as a condition for final approval of the set-off. NOW, THEREFORE, the premises shall be subject to the following covenants and restrictions: 1. There shall be no further subdivision of any lot as shown on the set-off map. 2. There shall be no coexistence of residential and ' greenhouse use on Lot 2 as shown on the set-off map. 3. These covenants and restrictions can be modified only at Page 2 of 4 the request of the then owner of the premises With the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. PERSISTENCE PROPERTIES, LLC --JoppA. Gr~e~Manag g Member STATE OF NEW YORK, cOUNTY OF SUFFOLK, ss: On the 3rd day of July, in the year 2001, before me, the i ned ersonally appeared JOHN A. ~P~.EB person~l~c~n~nbe unders g ' P ~- ~o~o of satms~actory evzQe~ ~ to me or proved to me on u~= ~ .... . w' bin instrument the individual whose name zs subscrzbed to the mt 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. No 01D#83~90.6a~3k Cema. Page 3 of 4 LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 (631) 734-6807 RICHARDF. LARK MARYLOUFOLTS Mr. Bennett Orlowski, Jr. Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, (SCTM #1000-84-1-10.1) June 20, LLC 2001 JUN SoutholdTown Pl mnln Board Dear Mr. Orlowski: In connection with the above-captioned set-off application, I am enclosing a copy of the Declaration of Covenants and Restrictions which have been approved by Craig Turner subject to final approval of the Planning Board. The right-of-way to Lot No. 1 (which is the lot being set-off) is contained in Schedule A which is the legal description of this particular lot. As you are aware the whole purpose of this set-off application is to enable the transfer of Thomas Graeb's house to himself so he could obtain proper financing for same. Since there will be no residences constructed on any portion of the property I am requesting a waiver of the $5,000.00 park and playground fee as set forth in Town Code §A106-38 E. (3) and as set forth in the Planning Board's April 16, 2001 resolution. The justification for this request is there are no vacant lots in this set-off application and the covenant provides for no further subdivision of this property. I am enclosing a copy of the proposed deed to Thomas Graeb. Further, the Suffolk County Health Department stamp is not required on the set-off map as all of the structures have previous Certificates of Occupancy and are in conformance with the Suffolk County Department of Health regulations. I am enclosing copies of the Certificates of Occupancy for Thomas Graeb's house and the greenhouse which is owned by Persistence Properties, LLC. If all is in order, kindly present this application to the Planning Board for final approval. When I receive notice of approval I will record the Declaration of Covenants and Restrictions and the deed to Thomas Graeb. RFL/bd Enclosures Very t~uly yours, SCHEDULE A ~L ~ha~ ae~a~n p~o~, p~eee o~ pa~ce~ o~ ~and, ~th the buildings and ~mp~ovements thereon e~ected, s~tua~e, ~y~ng ~nd being at Cutchogue, To~n o~ Southo~d, CourtLy o~ Suf~o~k and $ta~e o~ Ne~ Yo~k, being mo~e pa~eu~a~y bounded and described as fo~o~s: ~t~ BEGINNING at a point which is the southwesterly corner of the premises about to be described, which said point is distant the following two (2) courses and distances from a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48): (1) running thence along land now or formerly of I.I.P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; and (2) running thence along said last mentioned land North 470 15' 00" West 383.71 feet, the said point of beginning; running thence from said point of beginning along land now or formerly of Julius Skirel North 47° 15' 00" West 359.00 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 47° 30' 30" East 359.00 feet; running thence through land of Persistence Properties, LLC South 42° 29' 30" West 242.04 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way for purposes of ingress and egress from the above-described premises to Middle Road (C.R. which is more particularly bounded and described as follows: 48) BEGINNING at a point on the northerly side of Middle Road (C.R. 48) which point marks the southeasterly portion of the right-of-way where it intersects the southwesterly side of land now or formerly of Stanley Mokus; running thence from said point of beginnin9 along the northerly side of Middle Road (C.R. 48) South 71° 30' 00" West 28.59 feet to a point; running thence through land of Persistence Properties, LLC, North 47° 30' 30" West 1143.69 feet to land being conveyed to Thomas R. Graeb; running thence along land being conveyed to Thomas R. Graeb the following two courses and distances: (1) North 42° 29' 30" East 10 feet; and (2) North 47° 30' 30" West 359.00 to land of Robert A. Graeb and Phylis A. Graeb; running thence along land now or formerly of Robert A. Graeb and Phylis A. Graeb North 42° 29' 30" East 15.00 feet to land now or formerly of T. & E. Shalvey; running thence along said land and land'now or formerly of Stanley Mokus South 47° 30' 30" East 1502.69 feet to the point place of BEGINNING. or Page 4 of 4 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS GEORGE RITCHIE LATHAM, JR. RI CI-]ARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2002 Richard F. Lark, Esq. 28785 Main Road P.O. Box 973 Cutchogue, New York 11935 Re: Proposed Set-Off for Persistence Properties North side of CR 48, 941' NE of Cox's Lane in Cutcho. gue SCTM#1000-84-1-10.1 Zone: A-C Dear Mr. Lark: The Southold Town Planning Board, at a meeting held on Monday, March 11,2002, adopted the following resolution: WHEREAS, the applicant proposes to set off 1.99 acres (Lot 1) from 7.87 acres (Lot 2) in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on April 16, 2001 on the map dated March 19, 2001; and WHEREAS, the Southold Town Planning Board initiated the lead agency SEQR on April 16, 2001; and WHEREAS, the Southold Town Planning Board granted a Negative Declaration on May 14, 2001; and WHEREAS, the sketch plan approval was extended to January 16, 2002; and WHEREAS, the applicant is requesting a six (6) month extension from the above date, retroactive to January 16, 2002, the expiration date of the first granted extension; and WHEREAS, this is the second request for extension of sketch plan approval; be it therefore PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February22,2002 Richard Lark, Esq. 28785 Main Road, P.O Box 973 Cutchogue, New York 11935 Re~ Persistence Properties SCTM# 1000-84-01-10.1 Completion of Revised Environmental Assessment Form Section D. Informational Details and Water Supply Narrative Dear Mr. Lark: Water supply and quality within the Town of Southold is a serious community issue. Public water supply, although provided by the Suffolk County Water Authority, is determined through the current and projected use of the community. To date, the supply does not meet the demand, however, water use is controlled by an individuals' actions and can often be mitigated through numerous water conservation measures implemented during the planning process. Water quality is very difficult to control. Although point source pollution can usually be traced to its origin, non-point source pollution is boundless and one of the largest threats to local environmental and community health. Non-point source pollution has been identified as the primary cause of water quality degradation in more than 90 percent of New York State's impaired water bodies. In the Town of Southold, localized well and surface water contamination already exists. Consequently, the Town of Southold Planning Board in cooperation with the Suffolk County Water Authority now requires the completion and submittal of the attached Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative as part of the SEQR review process. Until a completed Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative is submitted, applications will be considered incomplete and the SEQR review will not proceed. Sincerely, Chairman Enclosure D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST a~vtach any additional info.creation as may be needed to clarify your project. If there are or may be any erse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). If public water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. 5. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include, but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of "natural" stormwater management practices (grass swales, filter strips, created wetlands, etc...). E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in th.e. Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedmg with this assessment. RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 January 14, 2002 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (SCTM #1000-84-1-10.1) Dear Mr. Orlowski: The Suffolk County Department of Health Services has not yet ruled on the application. Therefore, I am requesting a 90 day extension on the conditional sketch plan approval from the Planning Board to submit the final map. Very t~ly yours, R~chard F. La'(~ RFL/bd JAN ,' 02 ?"!thold Town PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2001 Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 1193-0973 Re: Proposed Set-Off for Persistence Properties, LLC Located on the north side of CR 48, 900' east of Cox's Lane, Cutchogue SCTM#1000-84-1-10.1 Zone: A-C Dear Mr. Lark: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, November 5, 2001: WHEREAS, the applicant has requested a 90 day extension of sketch plan approval which was granted on April 16, 2001, with conditions; and WHEREAS, the applicant has indicated that they are waiting for approval of the set-off from the Suffolk County Department of Health Services; and WHEREAS, the required Declaration of Covenants and Restrictions has been found to be acceptable; be it therefore RESOLVED that the Southold Town Planning Board grant a 90 day extension of sketch plan approval, with conditions, from October 16, 2001 to January 16, 2002. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ Chairman~ ~ ~ LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 (631) 734-6807 RICHARD F. LARK MARY LOU FOLTS October 5, 2001 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Set-off for Persistence Properties, LLC (sCTM #1000-84-1-10.1) Dear Mr. Orlowski: The Suffolk County Department of Health Services for some reason has not yet reviewed the application. Therefore, I am requesting a 90 day extension on the conditional sketch plan approval from the Planning Board to submit the final map. Very/~_~ly yours, /~chard F .~ ~ar~k~ RFL/bd Southoict ¥own Planning Bolld PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIA-NO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 26, 2001 Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 119:~0973 Re: Persistence Properties, SCTM#1000-84-1-10.1 Dear Mr. Lark: The Planning Board is unable to waive the requirement for a Health Dept. stamp. Since no new buildings are projected, you could try obtaining a waiver stamp from them instead of the normal approval stamp. But the County Clerk will not file the map and the Planning Board cannot approve the map without a Health Dept. stamp. The proposed Declaration of Covenants and Restrictions and the proposed deed have been reviewed. These were found to be acceptable. The Declaration should be filed with the County Clerk, and proof of filing submitted to this office. Chairman DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of June, 2001, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the "Declarant". WHEREAS, the Declarant has title lying and being at Cutchogue, Town of to certain land situate, Southold, Suffolk County, New York, said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a lot set-off of the property described in Schedule A and as shown as Lot 1 on the map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.", prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised May 18, 2001; and WIqEREAS, the Planning Board of the Town of Southold on April 16, 2001 required certain covenants and restrictions be placed on the property as shown on the aforesaid set-off map as a condition for final approval of the set-off. NOW, THEREFORE, the premises shall be subject to the following covenants and restrictions: 1. There shall be no further subdivision of any lot as shown on the set-off map. 2. There shall be no coexistence of residential and greenhouse use on Lot 2 as shown on the set-off maP. 3. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above writtenl PERSISTENCE PROPERTIES, LLC By~ John A. Graeb, Managing Member STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the day of June, in the year 2001, before me, the undersigned, personally appeared JOHN A. GRAEB 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. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point which is the southwesterly corner of the premises about to be described, which said point is distant the following two (2) courses and distances from a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48): (1) running thence along land now or formerly of I.I.P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; and (2) running thence along said last mentioned land North 47° 15' 00" West 383.71 feet, the said point of beginning; running thence from said point of beginning along land now or formerly of Julius Skirel North 47° 15' 00" West 359.00 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 47° 30' 30" East 359.00 feet; running thence through land of Persistence Properties, LLC South 42° 29' 30" West 242.04 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way for purposes of ingress and egress from the above-described premises to Middle Road (C.R. which is more particularly bounded and described as follows: 48) BEGINNING at a point on the northerly side of Middle Road (C.R. 48) which point marks the southeasterly portion of the right-of-way where it intersects the southwesterly side of land now or formerly of Stanley Mokus; running thence from said point of beginning along the northerly side of Middle Road (C.R. 48) South 71° 30' 00" West 28~feet to a point; running thence through land of Persistence Properties, LLC, North 47° 30' 30" West 1143.69 feet to land being conveyed to Thomas Graeb; running thence along land being conveyed to Thomas Graeb the following two courses and distances: (1) North 42° 29' 30" East 10 feet; and (2) North 47° 30' 30" West 359.00 to land of Robert A. Graeb and Phylis A. Graeb; running thence along land now or formerly of Robert Ao Graeb and Phylis A. Graeb North 42° 29' 30" East 15.00 feet to land now or formerly of T. & E. Shalvey; running thence along said land and land now or formerly of Stanley Mokus South 47° 30' 30" East 1502.69 feet to the point or place of BEGINNING. Fo*,m 800? (g/99) -1 OM I~u~gain ar~e Deed, with Covenant against Grant~"s Act~-Individual CONSULT YOUR LAWYER BEI~I~qE SIGNING THIS INSTRUMENT -- THIS INSTRUI[~.II~IT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the day of and BETWEEN PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935 pa~yofthefimtpa~,and THOMAS R. GRAEB, residing at 23625 County Route 48, Cutchogue, New York 11935 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00 / 100 ......... ......................... ($10.00) ............................... dollars, lawful money of the United States, and other valuable consideration pmd by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, sit- uate, lying andbeing i~-fl-~ at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described on Schedule A which is attached hereto. SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point which is the southwesterly corner of the premises about to be described, which said point is distant the following two (2) courses and distances from a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48): (1) running thence along land now or formerly of I.I.P. Krupski North 49° 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; and (2) running thence along said last mentioned land North 47° 15' 00" West 383.71 feet, the said point of beginning; running thence from said point of beginning along land now or formerly of Julius Skirel North 47° 15' 00" West 359.00 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said land the following two (2) courses and distances: (1) North 42° 29' 30" East 240.43 feet; and (2) South 47° 30' 30" East 359.00 feet; running thence through land of Persistence Properties, LLC South 42° 29' 30" West 242.04 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way for purposes of ingress and egress from the above-described premises to Middle Road (C.R. which is more particularly bounded and described as follows: 48) BEGINNING at a point on the northerly side of Middle Road (C.R. 48) which point marks the southeasterly portion of the right-of-way where it intersects the southwesterly side of land now or formerly of Stanley Mokus; running thence from said point of beginning along the northerly side of Middle Road (C.R. 48) South 71° 30' 00" West 28~feet to a point; running thence through land of Persistence Properties, LLC, North 47° 30' 30" West 1143.69 feet to land being conveyed to Thomas Graeb; running then&e along land being conveyed to Thomas Graeb the following two courses and distances: (1) North 42° 29' 30" East 10 feet; and (2) North 47° 30' 30" West 359.00 to land of Robert A. Graeb and Phylis A. Graeb; running thence along land now or formerly of Robert A. Graeb and Phylis A. Graeb North 42° 29' 30" East 15.00 feet to land now or formerly of T. & E. Shalvey; running thence along said land and land now or formerly of Stanley Mokus South 47° 30' 30" East 1502.69 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated June 17, 1996 and recorded in the Suffolk County Clerk's Office on June 19, 1996 in Liber 11778 Page 941. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con- sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF-' PERSISTENCE PROPERTIES, LLC By. John A. Graeb, Managing Member 'Acknowledgement taken in New Yorl~te State of New York, County of SUFFOLK ,ss: On the day of , in the year , before me, the undersigned, personally appeared JOHN A. GPJ~EB personally known to me or proved to me on the basis of satisfactory evidence to be the individual{s) whose name(s)' is (ere) subscribed to the within instrument and acknowledged to me that he/she/the*/-executed the same in his~h~rfft'~'r capacity(les), and that by his/herhheh' signature(s) on the instrument, the individual(~) or the person upon behalf of which the individual{s) acted, executed the instrument. Notary Public Acknowledgement by Subscribing Witness taken in New York State State of New York, County of , SS: On the day of , in the year the undersigned, personally appeared , before me, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly swom, did depose and say, that he/she/they reside(s) in that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. Acknowledgement in New York State State of New York, County of ,SS: On the day of , in the year the undersigned, personally appeared , before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument Acknowledgement taken outside New York State *State of County of ,ss: * (or insert District of Columbia, Territory, Possession or Foreign Country ) On the day of , in the year , before me, the undersigned, personally appeared Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No.: PERSISTENCE PROPERTIES, LLC TO THOMAS R. GRAEB Distributed by Chicago Title Insurance Company SECTION BLOCK LOT COUNTY OR TOWN Return by Mail to LARK & FOLTS ESQS 28785 MAIN RD P O BOX 973 CUTCHOGUE NY 11935-0973 Zip No. FORM NO. 4 ToWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. u~RTIFICATE OF OCCUwARCY No Z--24914 Date MARCH 5, 1997 THIS CERTIFIES that the building NEW DWELLING Location of Property 2362S COU~TY ROAD ~48 House No. Street County Tax Map No. 1000 Section 84 Block 1 Subdivision Filed Map No. N.Y. Hamlet Lot 10.1 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 15, 1995 pursuant to which Building Permit No. 22862-Z dated AUGUST 29~ 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE Fa~?T.Y Dw~.TNGWITHATTA~u TWO CAR GAi~AGE & REAR DECK The certificate is issued to T~O~ & DIANE G~%EB of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R-10-95-0088-AUG. 9~ 1996 UNDERWRITERS CERTIFICATE~O. N--395681 - AUGUST 29~ 1996 PLUMBERS CERTIFICATION DATED Rev. 1/81 FEB. 14, 1997- PEAK PLUMBIN~ & ~I~TING FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17353 Date September 27~ 1988 THIS CERTIFIES that the building GREENHOUSE Location of Property 22425 COUNTY ROAD # 48 House No. Street County Tax Map No. 1000 Section 084 Block 01 Subdivision Filed Map No. CUTCHOGUE~ N.Y. Hamlet Lot 10 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 10, 1987 pursuant to which Building Permit No. 15915-Z dated APRIL 16~ 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AGRICULTURAL GREENHOUSE AS APPLIED FOR The certificate is issued to ROBERT & PHYLLIS GRAEB (owner, of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO.N833937-9/24/87 & N840553-10/29/87 PLUMBERS CERTIFICATION DATED SEPT. 19~ 1988 - MATTITuCK PLUMBING & Rev*.. 1/81 ~B~ilding Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19108 Date JUNE 4r 1990 THIS CERTIFIES that the building. AGRICULTURAL BUILDING Location of Property 22425 COUNTY ROAD ~48 CUTCHOGUEr N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 84 Block O1 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 4r 1988 pursuant to which Building Permit No. 16811-Z dated MARCH 4r 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AGRICULTURAL G~RRNHOUSE AS APPL~RD FOR. The certificate is issued to ROBERT A. GRAEB (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ' UNDERWRITERS CERTIFICATE NO. N-075030 - JUNE 6~ 1989 PLUMBERS CERTIFICATION DATED PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 8, 2001 Richard F. Lark, Esq. Lark & Folts 28785 Main Road P.O. Box 973 Cutchogue, NY 11935-0973 Proposed Set-OffofPersistence Properties SCTM # 1000-84-1-10.1 (Cutchogue) Dear Mr. Lark, I have reviewed the revised maps and found them to be acceptable. The covenants and restrictions were also approved by the Planning Board, however, one item was found to be missing. Since you are creating a landlocked lot, Lot 1 must be given rights to use the 25' right-of-way for access. This should be an additional covenant. Sincerely, Craig Turner Planner RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 (631) 734-6807 May 29, 2001 Mr. Craig Turner Southold Town Planning Board Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971-0959 RE: Dear Mr. Set-off for Persistence Properties, (SCTM #1000-84-1-10.1) Turner: LLC $outhold Town Planning Board In connection with the above-captioned matter, I am enclosing the following: Five prints of the Set-off Map for Persistence Properties, LLC last revised May 18, 2001. Copy of proposed Declaration of Covenants and Restrictions. If approved, I will record same and forward to the Planning Board a certified copy with the recording information. Awaiting your reply, I am RFL/bd Enclosures Very t~y yours, DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 2001, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Company with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the "Declarant". WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a lot setoff of the property described in Schedule A, as shown on the map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.", prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised May 18, 2001; and WHEREAS, the Planning Board of the Town of Southold on April 16, 2001 required certain covenants and restrictions be placed on the property described in Schedule A as a condition for final approval of the setoff. NOW, THEREFORE, the premises described in Schedule A shall be subject to the following covenants and restrictions: 1. There shall be no further subdivision of any lot as shown on the setoff map. 2. There shall be no coexistence of residential and greenhouse use on Lot 2 as shown on the setoff map. THESE covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be required. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwisel IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. PERSISTENCE PROPERTIES, LLC By John A. Graeb, Managing Member STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the day of , in the year 2001, before me, the undersigned, personally appeared JOHN A. GRAEB 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. Notary Public CUTCHOGUE FIRE DISTRICT 260 New Suffolk Road, PO Box 930, Cutchogue, NY Telephone (631) 734-6907 o Fax (631) 734-7079 May 17, 2001 Planning Board Town of Southold Craig Turner PO Box 1179 Southold, NY 11971 Southold Town Pf~ing Board Ref: Persistence Properties Fire Protection Water Requirements Dear Mr. Turner, The Board of Fire Commissioners has reviewed your April 12th letter and drawing and has determined that there is adequate water supply for fire protection in the vicinity of the above location and therefore no well will be required. Thank you for your correspondence and please contact us at any time. Very truly yours, Board of Fire Commissioners Matthew J. Martin District Secretary PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 SLate Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 2001 Richard Lark, Esq. Lark & Folts 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 RE: Proposed Set-off of Persistence Properties SCTM # 1000-84-1-10.1 Dear Mr. Lark: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, May 14, 2001: WHEREAS, no other agencies have asked to be granted lead agency status; be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMEHS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Ha~l, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant May 14, 2001 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed set-off for Persistence Properties SCTM#: 1000-84-1-10.1 Location: North of County Route 48, east of Cox's Lane SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal will set off a 1.99-acre lot with an existing house from a 7.9-acre parcel. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. SEQR Ne,qative Declaration - Pa,qe Tw(~ For Further Information: Contact Person: Craig Turner Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Department of Health Suffolk County Dept. of Public Works Elizabeth Neville, Town Clerk Applicant 1.4-1E~4 (2J87)--Text 12 I--~'ROJ.~C~' hD. NUMBER / State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART [--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANT /SPONSOR 2. PROJECT NAME Set-off for Persistence Persistence Properties, LLC Properties, LLC 3. PROJECT LOCATION; Municipality Town of Southold County Suffolk 4.PRECISE LOCATION (Street address and road intersections, prominent fandrnarks, etc, or provide map) Northerly side of Middle Road (C.R. 48), 900--+ feet east of Cox Lane, Cutchogue, New York (SCTM #1000-084.00-01.00-010.001) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Set-off of a 86,603 sq. ft. lot from an existing 7.8718 acre parcel. 7. AMOUNT OF LAND AFFECTED: Initially 7.8718 acres Ultimately 7.8718 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~] Yes [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ResidenRal [] Industrial [] Commercial [~ Agriculture [] Park/Forest/Open space [] Other Describe; '10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [~No If yes. list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [] No If yes. Iisi agency name and permit/approval Suffolk County Department of Health approval R-10-95-0088-Aug. 9, 1996; Certificates of Occupancies Nos. Z17353, Z19108 and Z-24914 of the Southold Town Building Department. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ' CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcanl/sponsor name: Persistence Properties, LLC 3/29/01 If the action Is In the Coastal Area, and you are a state agency, complete the I I Coastal Assessment Form before proceeding with this assessment I OVER 1 , B.'¢¥~L"I',_ ACTION RECEIVE COORDINATED ~ AS PROVIDED FOR UNLISTED ACTIONS IR 6 NY(~PART 617 6? may superseded by another involved agency. ~es © No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (Answers may be nandwritIen, il legible) C1 Exisbng a,r quality, surface or groundwater duality Or quantity, noise levels, existing tranic palterns, solid waste production or disposal potenlia~ for erosion, drainage or flooding problems? E~xplain briefly: C2 Aeslhet~c, agricultural, archaeological, hisloric, or Other natural or cultural resources; or community or neighborhood character? Explalr~ brletly: 03 Vegetalion or fauna, fish, shellfish or w~tdlife species, significant hab~tals, or lh(ealened or endangered species? Explain briefly: A community s e×isdng plans or goals as olficially adopted, or a change *n use or Intensity of use ot land or other nalural resources? Explain brlefl #o IS THERE, OR IS T RE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~]Yes If Yes, exblain briefly PART Ill--DETERMINATION OF $1GNIF.!CANCE (To be completed by Agency} INSTRUCTIONS: For ~ch adverse effect identitied above, determine whether it is substantial, large, important or otherwise significant. Each elfect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration: (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adveme impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentiallY' large or significant adverse impacts which MAY cCCL~. :~hen proceed directly to the FULL EAF and/or prepare a positive declaration. hack this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed act[on WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the'reasons supporting this determination: · DEPARTMENT OF PUBLIC WORKS COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE April 23, 2001 Town of Southold Planning Board Office Town Hall, 53095 State Rte. 25 P.O. Box 1179 Southold, N. Y. 11971-0959 Attn: Bennett Orlowski, Jr. RE: CR 48, Middle Road - Persistence Properties SCTM#1000-084.00-01.00-010.001 Gentlemen: This Department has reviewed the above-referenced site plan. Specifically note that: A permit from this Department will be required pursuant to Section 136 of the Highway Law for any improvements this Department deems necessary along the County right-of-way. Before a permit is issued by this Department for these improvements, documentation pursuant to Section 239F of the New York State General Municipal Law must be forwarded to us from the Town Building Department for our review and comments. If you have any questions, kindly contact this office at 852-4100. Very truly yours, William S. Shannon, P.E. M. Paul Cam'~gnol~/ Permits Engineer WSS/MPC/ln DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUN]~ EXECUTIVE April 25,2001 THOMAS ISLES, AICP DIRECTOR OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Tax Map No.: SCPD File No.: Dear Mr. Orlowski: Persistence Properties LLC (aka Graeb, Robert A. & Phylis 1000-84-01-10.1 S-SD-89-22 Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely, Thomas Isles, AICP Director of Planning Principal Planner APF:cc G:~CCHORNY~SUBDIWLD2001',APR~SD-89-22 APR Ar',. 0 2001 LOCA]ION MAILING ADDRESS H. LEE DENNISON BLDG - 4TH FLOOR · P.O. BOX (~ I O0 · (5 I 6) 853-5 190 I O0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER (5 I 6) 853-4044 BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIAN0 Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: SEQRA Classification: ( ) Type I (v~"Unlisted Contact Person: (-,~*~ (516) 765z1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. ) This agency has no objection to your agency assuming lead agency status for this action. ) Other (see comments below) Comments: Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. Chairman Southold Town Board Suffolk County Department of Health Services NYSDEC - Stony Brook r~'SDEC - A~cr;,y Suffolk County Department of Public Works U.S. ~ .... EL~_v!d ~*~l,;, ~ ...... ~ ~':~'--~ Adm~ *Maps are enclosed for your review rev. 4~94 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGG1ANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 April 17, 2001 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Richard Lark, Esq. 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 RE: Proposed Set-Off of Persistence Properties SCTM # 1000-84-1-10.1 Dear Mr. Lark: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, April 16, 2001: WHEREAS, this proposed set-off is for 2 lots on 7.87 acres on the north side of County Route 48, east of Cox's Lane in Cutchogue; and WHEREAS, as the Planning Board had approved a previous set-off on this property, the Planning Board is imposing a number of conditions on approval; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval to the set-off map, dated March 19, 2001, subject to the following conditions: 1. Covenants and Restrictions must be filed preventing further subdivision of any lot and the coexistence of residential and agricultural uses on the large lot. 2. The right-of-way should be 25' wide to the first residential lot to be in conformance with the Town Code; and BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. The sketch plan has been referred to the Suffolk County Planning Commission and Cutchogue Fire Department for review. The Planning Board may require additional Covenants and Restrictions upon review of the reports and the final map. You will be notified if any covenants and restriction are required. Persistence Properties - pa,qe Two -4/17/01 Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, five (5) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $5,000 ($5,000 per buildable lot in the subdivision). Payment is required prior to the final endorsement of the map. Please Contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman PLANNING BOARD M'EMBEe BENNETT ORLOWSKI, JR. Chairman WILLIAM J.~CREMERS KENNETt-L~i EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 200~ Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of '~"-¢.h~ o~' P~,~v.e, ]b~,$c Hamlet/Locality S.C.D.P.W. Topo No.: Zoning S.C. Tax Map No.: 1000- Major Sub. Minor Sub. MATERIAL SUBMITTED: t -Io.I . Site Plan .Oluster Lot Line Change Preliminary Plat (3 copies) Road Profiles (1) Drainage Plans (1).__ Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Page 2 SouthoJ~ Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an (V')/ Unlisted Action ( ) Type IAction ( ) Type II Action 2. A ( ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (~'~ No 4. The proposed division has re/ceived approval from the Suffolk County Department of Health. ( )Yes (v~No Comments: We request acknowledgement of receipt of this refe~,,al ( ) Yes (V') No Referral received 2000 by the Suffolk County Planning Commission and assigned File No. Sincerely, Bennett Orlowski, Jr. Chairman rev. 6/94 This property was the subject of a previous application to the Planning Board in 1989. It was referred to the Suffolk County Planning Commission as a four-lot minor subdivision and discussed at the January 3, 1990 meeting (see attached). The Southold Planning Board subsequently overrode the County recommendations (see attached). The applicant later changed the subdivision to a set-off, which was approved by the Planning Board on May 18, 1995. The Graeb family has now applied for a second set-off The Planning Board would typically consider this a minor subdivision, but the Graebs were willing to agree to a number of conditions if it was treated as a set-off (minor subdivisions have a higher application fee). The first is that no lot can be further subdivided. The second is that covenants would be filed preventing the use of the greenhouse parcel for simultaneous residential and agricultural use. Since this would result in no change of the intensity of use for the property, it can be considered a set-off The existing driveway shared by the greenhouses and houses was inspected and found to meet Town standards for a minor subdivision road. DEPARTMENT OF PLANNING PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING January 5, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Robert A. Graeb & Phylis A. Graeb Northerly side of Middle Road, C.R. 48, approximately 900 feet easterly from Cox's Lane, Cutchogue, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, '~inor Subdivision - Robert A. Graeb & Phylis A. Graeb" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to disapprove said map for the following The proposed subdivision will result in the creation of three landlocked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of landlocked lots, not to mention potential disputes over the use and maintenance of any right-of-way over au adjacent parcel that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for the lots under Section 280-a of the Town Law as the future owners of landlocked lots cannot be held responsible for the landlocked nature of their parcels. There is no provision to contain on-site all stormwater runoff created by the development of this property. No information has been provided as to how access for the Site will be developed except in the most sketchy manner. ~ ..... ~. , Page -2- 4. The site contains prime agricultural soils. An effort should have~ been made to save some of these soils through clustering. The parcel is located within a third of a mile of a landfill site. No information was provided that future lot owners will be advised by means of an advising covenant of the location of the property to the nearby landfill site. The final map shall also contain a statement as to the location of the nearby landfill to the subdivision. This requirement is necessary due to the problems lot owners and residents have experienced with landfills, such as methane migration. Very truly yours, Arthur H. Kunz Director of Planning by ~'~ ...... '" '"~ "~'~ ~'~'~/~$ Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-22 CGL:mb Encl.: Map cc: J. P. Hurley, Comm., SCDPW R. Villa, P.E., SCDHS Town Hall. 53095 Main Ro~d P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 Richard Lark Main Rd. Cutchogue, NY 11935 RE: Robert Graeb & Phylis Graeb SCTM~ 1000-84-1-10 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Thursday, January 18, 1990. RESOLVED to override the January 5, 1990 Suffolk County Planning Commission report for the following reasons (numbers correspond to numbers in report): 1. The Planning Board has required a road built to the alternate road specifications to provide access to all proposed lots. 2. Proper drainage to contain all on-site stormwater has been required by the Planning Board. 3. A road will be built as described in number 1. 4. The applicant pre-empted the Planning Board's action by building a greenhouse on the parcel, and scraping the top soil from the site. Thus the agricultural value of the site is questionable. 5. The Planning Board will be requiring a statement as to the location of the nearby landfill. The Planning Board requests that the following notations be placed on the final map. 1. The parcel is located near an existing landfill site. 2. The parcel is located near an existing gun club. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman RK/hp PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 17, 2001 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, NY 11934 Dear Mr. Martin: Enclosed please find one survey, dated March 19, 2001 for the Persistence Properties Set-Off, located on the north side of County Route 48, east of Cox's Lane in Cutchogue. SCTIVI~ 1000-84-1-10.1 The enclosed subdivision is being referred to you for your recommendation as to whether any fire wells are needed. Please note that a fire well exists on County Route 48 near the driveway entrance. Very truly yours, Planner enc. RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 (631) 734-6807 March 29, Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 2001 RE: Set-off for Persistence Properties, LLC (SCTM #1000-84-1-10.1) Gentlemen: In connection with the above-captioned matter, enclosing the following: I am 1. Application for Approval of Plat for set-off of Plot #1. 2. Short Environmental Assessment Form. Form letter regarding grading, road construction and drainage. 4. Questionnaire. 5. Applicant Transactional Disclosure Form. Twelve prints of the Set-off Map for Persistence Properties, LLC dated March 19, 2001. 7. My clients' Check No. 506 payable to the Town of Southold in the amount of $250.00. The required stone blend driveway widening to 25 feet from Middle Road (C.R. 48) to the propane tanks has been completed. The net effect is the existing residence will be set-off from the greenhouse property. If all is in order, would you kindly place this matter on the next available Planning Board agenda for their consideration and notify me of the date and time. If you have any questions, do not hesitate to call. Very truly yours, Richard F. L~rk RFL/bd Enclosures GROUND WA TER MANAGMEN? ZONE LOT SIZE 5.884 ocres SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES DArE "9~ u . o ~/I~'HA TOTAL ~ LOtG ~ T~ ~OV~ DATE. EAT~ E~LES A~ ~A~ FAULTS& ~ C~ TO C~T~C~ $TA~A~flS ~ ~ECT AT T~,T~ ~ C~T~CT~ A~ ARE $~CT TO ~ARA~ PER. TS P~EUANT TO T~$E STANDARd. T~ APPROVAL E~L~r BE VAL~ ~ y F T~ REAL TY S~VI~ /DEV~OPWENT MAP IS DULY FILED WITH ~ COUNTY CL~K E/TH~ ~ ~AR OF T~S DATE. C~ENT ~ ~Y ~V~ F~ ~ FEtE OF T~ MAP ~ ACC~DANCE RffH PROV~ ~ T~ PU8L~ ~AL TH L~R AND T~ S~F~K C~NTY SA~T~RY .C~E,t ~ECTOR~ DIVI$1~ ~ ~V~ENT~L OUALITY I $1~E~q' TO COV~.Nh~'~. E RESTRICTIONSl ~G£ ~O.~.,J.LIB£R ,~, I '7 ,~f KEY MAP $CALE~ Y'= 800' LICENSE I~M~ER SETOFF PERSISTENCE PRO RT S,'LLC A T CUTCHOGUE TOWN OF SOUTHOLD UFFOLK COUNTY, Scale; I" = I00' Mar. 8, 2001 Mar. 15, 2001 (additions) Mar. 19r 2001 ( revision ) 200/ (rev/s/on) (revision) 2006 (well & C.P.) ,JUL Y 8~ 2002 ( revtsioo t AUG. 26, 2006 [revislen) ~r Fir TOTA ALLOWABLE FLOW, 5,884 Ocres ~ 300 gol./doy/ocre = /, 7'65.1 gol./dey GREENHOUSE DESIGN FLOWi Are~ = 157'.6 ~ ~11.5 = 21 ~ 118.3 = 2484,3 0.4 ~ 35~816.7 s.f. = ~T AS P~ ~ECT/ON 7~0~ - S~V/~I~ ~. ALL TH/~ /S TO CERTIFY THAT THE SUBDIVISION PLA T HAS BEEN APPROV~ BY THE PLANN~ BOARD OF THE TOWN OF SOUTHOLD BY REd. UT/ON APPROVAL DA TED BY CHAPMAN PLA~G BOARD ~Bb~)G DISTRICT: A-C OL DISTRICT; 9 FIRE DISTRICT.. CUTGHOGUE CERTIFIED TO' BRIDGEHAMPTbN NATIONAL BANK TRW TITLE (NSURANCE COMPANY ROBERT GRAEB OWNER, ROBERT GRAEB P.O. BOX 48.. CUTCHOGUE, N. Y. 11935 ROAD' MIDDLE AREA = Z872 Acres REFERENCE- SETOFF MAP FOR ROBERT A. GRAEB E PHYLIS A, GRAEB FILED IN THE OFFICE OF THE SOUTHOLD TOWN C£ERK. CONTOUR LINES ARE RE~ERENCED TO, THE FIVE I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM ACTUAL SURVEYS COMPLETED .~/oS/ol , THAT ALL MONUMENTS · SHOWN THUS~ · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTL SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. f631) 765 EASTERN TOIFN$ T~=O6RAPNIC MAPS ddb~N T. MET~G~b, N.Y.& L S. L/C NO, 49618 P. O. BOX 909 IP30 TRAVELER STREET , SOUTHOLD, N.Y~ 119-71 TEST HOLE LOAMY CLAY OL ORANEE NOTEt ALL DECLARA TION~OF COVENANTS AND RESTRICTIONS AS R£OUIRED BY THE PLANNING BOARD HAVE SEEN FILED. Lla~R n7~i PAG£ 501 ' L'IBER 12~2) PAGE e47'; SUFFOLK COUNTY DEPARTMENT OF HEAL TN SERVICES PER, fi/TS ONL Y IF' : 1 0 8 9 3 :/:/:FILE. No, FILED 14 7 9 4 #ABS._No. 5JAN 29 2005 EDWARD P. ROMNNE KEY .MAP SCALE' I"= 800~ ,'AREA= Z872 Acres Sca/e:.i>'-= 100' Mar. 8, 2001 Mar. 15, 2001 (addle'OhS) Mar. 19] 200t ( reyi~iGn 2001 (re vIslpnl' E002 (well & C.P,i dULY S~ 2002 (teviMon AUG, 26~ ~OOE (revl~Nn) Nov, 2~ 200~ (revtsNns) ,/ , % CUTCHOG~E, N.~. 11935 REFERENce- SETOFF MAP FOR ROBERT ~. ~RAEB &,PHYLI8 A, ERAEB FI~D IN THE OFFIEE OF TH~"SOU~HOLD TOWN CkERK. ,, . , ,' CONTOUR LINER ARE REF~NC~D T~ THE FIVE · ,oo" -., RoAD " MioOLE I ,HERESY CER:TIFY THAT THIS SUBDIVISION PLA T WAs MADE FROM ACTUAL, SURVEYS COMPI~ETED ,~/o8/~/ ~ TNAT ALL MONUMENTS SHOFN. THU~ *Bt ACTUAI~L Y EXIST AND ~iI~;~O~ITIONS ABE CORREcTLY SHORN AND. ~I~L D(MEN.~./~N.~L A~ID* GEODETIC DETAILS ARE CORRECT. TEST HOLE o TOPSOIL LOAMY SAND SAND I1' I6311 1230 $OUTHO~D~. " ' CERTIFIED TOt -~BRt $ENAMPTON NATIONAL BA~K , TRw TITLE INSURANCE "COMPANY~ ROBERT BRAEB ' SCHOOL DISTrR, IR~'/: ~ FIRE D/STRICT'. CUTCHOGUE :ZONING D/STRICT: A-C LO~- SIZE 5.8'84 acres TOTA ~LLOWABI~ FLOW~ .' ,.5,,.884 dc~eE 0 300 9~7;/daylacre = 1,765.1 gol. ldoy 21 x 118.3 = 2484~3 ANY AL ~ TIO~, OR ADDITI~ TO ~URvEY IS A ~O~A ~ON OF SECTIO~ ?209' OE THE ~F ~K' &TATE ~TI~ LAW, ~C~T'A~.p~ ~T~N ?~0~ SUBDIVIEI~ ~, ALL MUST 82 USED BY ANY AN~.~LL'SURVEYO~S U~LIE~ A COPY ~ ~NO.THER ~RVEYOR'~ ~p~ T~MS'EU~ A& '~ECT~' AND ,~R~U~HF : T~ . O~' ARE NOT'~ COMP~NGE.WITH THE LA~, Y THE, RL'ANNIN~ BOARD"OF THE TGWN OF EOU~OL~ 8Y RESOLUTION APPROVAL DA TED ; ' , CHAPMAN PL~NN~ BOARD PERSISTENCE PROPmTIES~Lu - "" A T CUTCHOGUE TOWN OF SOUTHOLD SUfFOlK COUNr ,0~£, N. 70'Z62 % KEY MAP SCALE.. 1"= ~00' South. Old Tqwn PffRS/STENCE PROPERTIES, LLC TOWN OF SOUTHOLD SUFFOLK COUNTY, N ~ Scale: I" = 100' Mar. 8, 2001 Mar. 15, 2001 (additions) Mor. 19, 2001 ( revision } ZONING D/STRICT, A-C CHOOL D/STRICT: 9 FIRE DISTRICL CUTCHOGUE CERTIFIED TO, BRIDGEHAMPTON NATIONAL BANK TRW TITLE INSURANCE COMPANY ROBERT GRAEB OWNER, ROBERT GRAEB ~0. BOX 48, CUTCHOGUE, ~ ~ 11935 ROAD '%. NOTE, LOT NUMBERS ARE REFERENCED TO ' SETOFF ' M,4P FOR ROBERT A. GRAEB & PHYLIS A. GRAEB' FILED IN THE OFFICE OF THE $OUTHOLD ~'OWN CLERIC AREA = 10.2498Acres o TEST HOLE TOPSOIL ~S. LIC. NO, 49~8 , P.C. (651) 765 - 1797 STREET SOUTHOLD, N.Y. 11971 85 -379 N/oIF ..... jb%lLl,~ 5KIREL KEY MAP $CALff: I"= ~00' SETOFF PE'RSISTENCE PROPERTIES, LC, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. .' ' 1000 - 84 -~ 01 - 10.1 Mar. 8, 2001 Mar, 15, 200t (additions) Mar. 19, 2001 ( revision ) ~ 200/ (rev/s/on) 200l (revieJont ~G DISTRICT: A-C OL DISTRICT= 9 FIRE DISTRICT: CUTCHOGUE OWNER, ROBERT GRAEB P.O. BOX 48 CUTCHOGUE/ N. %'. 11935 ROlO sou TEST HOLE o TOPSOIL LOAMY CLAY OL SAND ERA VEL I'IA¥ 2 9 21]1ll Southol~ CERTIFIED TO, BRIDGEHAM?TbN NATIONAL BANK TRW TITLE INSURANCE COMPANY ROBERT GRAEB REFERENCE- SETOFF MAP FOR ROBERT A. GRAEB & PHYLIS A. GRAEB FlIED IN THE OFFICE OF THE SOUTHOLD TOWN CLERK. CONTOUR LIN£$ ARE RE~£RENCED TO, THE FiVE AREA 7.872 Acres L[C. NO. 49618 .B.C. "(65H 765 - 1797 ,oo., ROAD' " MIDDLE 11971 85 -379'