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HomeMy WebLinkAbout1000-86.-1-9(2)INFORMATION IN REGARD TO APPROVED SUBDIVISION Name of subdivision SCTM# ~000- ?/~- ~. Subdivision approved by Planning Board on A~r~ Subdivision filed in Suffolk County Clerk's Office Zone at time of approval J~- ~(~ Current zone /~9~',~ ,~- ~O Date zone vedfied Clustered subdivision: Yes No Covenants and Restrictions filed for subdivision: Building envelopes shown for individual lots: If No, set-backs for all lots within subdivision: .? Front ~o0 Rear ~c~' ~ Side yard ~Aj~. Yes /~ No (see below/attached for details) Yes x~' No Lo-ks (s~ 're~,~,qC~/~ cc: FI) '~1~1~'~ THIS M;~OR SUBDIVISION'iS FOR ~ LOT5 Obi $CTM~ !0~O- IN MINOR SUBDIVISION (NO ROAD) ACRES LOCATE-D ON Complete application received ~i~ 2. r~c~;<~l Application reviewed at ~rork session Applicant advised of necessary revisions Revised sub mission received Sketcl~ plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewe'll location Notification to applicant to include on final map Sent to County Planning Commission Receibt of County Report Review of SCPC report ,/ Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision -w/th conditions DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this 22nd day of March, 1999 by Peconic Land Trust Inc., a New York not-for-profit corporation, having its principal office at 296 Hampton Road, P.O. Box 1776, Southampton, NY 11969, hereinafter referred to as the DECLARANTS; WlTNESSETH: WHEREAS, the DECLARANTS are the owners of certain real property situate on the West side of Wells Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANTS have made an application for and have received conditional approval from the Planning Board of the Town of Southold to subdivide said property into three (3) lots, as shown on the Subdivision Map of "Richmond Creek Farms Section 2" prepared by Young and Young, last dated __.which map was simultaneously filed herewith in the Office of the Suffolk County Clerk on ,1998 as Map File No. __; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WlTNESSETH: That the DECLARANTS, for the purpose of carrying out the intentions above c×prcssed, do hereby make known, admit, publish, covenant and agree that thc said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with thc land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributces, successors and assigns, to wit: WHEREAS, GRANTORS are the owners of lands located on the West side of Wells Road in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A", annexed hereto and made a part hereof and as shown on a certain map entitled "Subdivision Map Richmond Creek Farms Section 2", situate Peconic, Town of Southold, Suffolk County, New York, which map was filed in the office of the Clerk of the County of Suffolk on the day of ,1998, as Map File No. ; and WHEREAS, the GRANTORS are required, pursuant to the Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted on 1999, to create mutual easements for the purpose of ingress and egress to certain of the lots or parcels of land in said subdivision and for the installation of utilities, subdivision entrance sign, and all other lawful purposes in favor of these parcels, so that there will be only one (1) common access to serve said lots #1, #2, and #3; and 1. There will be a seventy-five (75) foot wide no disturbance wetland buffer area adjacent to the wetland area as shown on the map entitled Subdivision of Richmond Creek Farms Section 2. Grading within this area shall be prohibited, and clearing and cutting shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. 2. The Town Board of the Town of Southold finds that farming is an essential activity within the Town of Southold. Farmers provide fresh food, clean air, economic diversity and aesthetic open spaces to all the citizens of our town. In addition, land in agricultural uses requires less tax dollars for services than does land with residential or commercial development. Accordingly, farmers shall have the right to farm in Southold without undue interference from adjacent landowners or users. For the purpose of reducing future conflicts between people residing on lots adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities. Agricultural activities conducted on farmland, undertaken in compliance with applicable federal, state, county and town laws, rules and regulations, are presumed to be good aghcultural practices and presumed not to adversely affect the public health safety and welfare. We find that whatever nuisance may be caused to others by such uses and activities, so conducted, is more than offset by the benefits from farming to the community. Therefore, all such activities shall be protected farm practices within the Town of Southold. 3. Vehicular access to and from Richmond Creek Farms for lots 1, 2 and 3 shall be subject to a "Declaration of Common Driveway", which is included herein and made a part of this declaration. Lots 1, 2, and 3 shall be accessed by a common sixteen (16) foot rock common driveway, as indicated on the proposed subdivision plan. Each of these lot owners shall use the common driveway and shall be responsible for and pay for the cost of extending, repairing and maintaining such common driveway from the entrance at Wells Road. The use of the existing common driveway is limited to access and egress for lots 1, 2, and 3 of said subdivision and shall not provide access to any adjoining properties. WHEREAS, the GRANTORS desire to provide for such shared driveway access to and from Wells Road, and A. Lots numbered 1, 2, and 3, of said subdivision map shall have a common driveway access to and from Wells Road by way of a single common driveway as shown on said subdivision map over the land area shown on said subdivision map as "Common Driveway Easement Area", and as described more fully in Schedule "B" as annexed hereto. B. The use of the common driveway area as shown on said map shall be subject to the following restrictions: 1. The lot owners shall have the joint, equal, and mutual right to use the common driveway as shown on said subdivision map for the purpose of ingress and egress and placement of utilities. 2. The terms "lot owner" or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors, or assigns of the particular lot owner or lot owners. 3. Each lot owner is affected by the Easement, by accepting a deed to or taking title to any part of the lands described in Schedule "A" as annexed hereto, and does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns all of the conditions, obligations, restrictions and provisions of this Easement. 4. The word "maintenance", as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, repaving, adding rock or filling in of holes, and all those items necessary to make it 3 convenient and safe for the owners of the aforesaid lots to use the common driveway as shown on said map. 5. The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the road and the amount of money to be expended therefore. Each lot owner shall be responsible for the proportionate share of expenses (33 1/3%) that his?her vote has to the entire number of votes eligible to be cast. 6. All decisions for the improvements and/or maintenance of the private roadway shall be made by majority vote of the three (3) lot owners. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within two (2) weeks of the mailing of that notice shall be bound by the decision of those who do vote. 7. All lot owners agree that the roadway shall always be maintained so as to be passable by ordinary passenger, service and emergency vehicles and this shall include prompt repair of any "potholes" or similar defects in the road which cause the roadway to become substandard. 8. In the event of any of the lot owner's failure to pay their proportionate share of maintenance expe~nses within fourteen (14) days of written notification of charges, such unpaid monies may be collected proportionately fi.om each of the other lot owners. In this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in the New York Lien Law. The lot owner who has not paid his?her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share of maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a presumption that the 4 maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to interest charges, and attorneys' fees that are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. 9. Notwithstanding anything to the contrary herein, each and every lot owner shall repair, at his/her sole costs and expense, any damage done to the roadway by construction traffic, machinery, or other implements used in the construction of improvements on the particular lot owner's land. Any failure to make or pay such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with sub-paragraph "H" above. 4. This Easement is binding upon all grantees, heirs, distributees, successors, or assigns of any portion of the lands described in Schedule "A" above. This common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Southold Town Planning Board or its legal successor, except that the provisions hereof which relate solely to the making or repair or improvement decisions or the allocation or expenses among lot owners may be revoked or modified without such Board's approval. The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall be enforceable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5 These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall mn with the land and shall be finding upon the DECL.~DkNTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANTS above named have executed the foregoing instrument the day and year first written above. ti-,, / / By: John v. It. Italsey, Ilresident Peeonic Land Trust, Inc. State of New York SS. County of Suffolk Onthe [C>'rkdayof ~&~t_L intheyear It~?~ before me, the undersigned, a Notary Public in and for said state, 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(ies), 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. Notary Public 7 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 MEMORANDUM To: Bruno Scmon, Building Department From Mark Ten'y, Planning Department Date October 1,2002 Re: Front Yard Setbacks I discussed thc designation of front yard setbacks with the Planning Board during the September 23, 2002 workscssion. Thc Planning Board determined that a front yard setback is calculated from a common driveway or similar public or private ROW that directly meets the lot boundary. If two public or private ROW's meet the lot boundary, then two front yards may be designated. Consequently, in the case of Richmond Creek Farms Section 2, the Planning Board designated the front yard setback from the common driveway. - If you have any questions please call. Date Applicant Application ID Permit(s) Applied Project is I~cated Project Description New York State Department of Environmental Conservation Notice of Complete Application JULY 21, 1999 PECONIC LAND TRUST PO BOX 2088 30 JAGGER LA SOUTHAMPTON NY 11969-2088 1-4738-01879/00001 1 · ARTICLE 25: TIDAL WETLANDS in SOUTHOLD in SUFFOLK COUNTY. the applicant proposes to subdivide a 49.5 acre pamel into four residential lots with lot sizes of 2.4, 2.6, 2.8, and 41.3 acres, a 37.3 acre "non-development area" will be established on the larger lot. the remaining 4 acres will be retained for the existing single family dwelling on this lot. the development rights to the 37.3 acre area will be transfered to the town of southold, this project is Iocatedon mute 25 (Main Road), south of peconic lane, peconic, town of southold, suffolk county, sctm# 1000-86-1-9. JUL g Southold Town Planning Board State Ent, ironmental Quality Review (SEQR) Determination SEQR - 3A Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed. SEQR Lead Agency TOWN OF SOUTHOLD State Historic Preservation Act (SHPA) Determination SHPA - 4 A cultural resoumes survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required. This project is located in a coastal management area and is subject to the waterfront revitalization and coastal resources act. Availability For Public Comment Comments on this project must be submitted in writing to the Contact Person no later than 08/13/99. Contact Person KEVIN A KISPERT, NYSDEC SUNY @ STONY BROOK BUILDING 40 STONY BROOK NY 11790-2356 · t' (516) ~.'!,-0365 SUFFOLK COUNTY CLERK'S Edwar~ p. ,qoma~n'~., COUNTY CLEIIK OFFICE PHONE;852-200( Town of Southold Assessors v'Town of Southold Planning Board Chief Deputy County Treasurer TO WHOM THIS MAY CONCERN The Set-Off CMinor Subdivi Major Subdivision Map of: Was Filed: ]b~O,~ Ig, Iqfl~ SCTM#: 1000- ~ - l -7 File #: /02_~2-. Abstract #: t ~)? 1 ? Township: Southold Hamlet: /'~ Owner: Pe_c¢~,'c- L(~ Very huly yours, rm No 4 9 Mar) Oeparlmenl Courtly Cle~k Sender: Subject: Submission Without a Cover Letter SCTM#: 1000- ~'1-~ Comments: $outhold Town Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSIf~I, JR. Chairman W/LLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATI~AM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1999 Rae Lapides Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed minor subdivision for Richmond Creek Farms - Section 2 SCTM# 1000-86-1-9 Dear Ms. Lapides: The following took place at a meeting of the Southold Town Planning Board on Monday, April 5, 1999: The final public hearing, which was held at 7:30 p.m. was closed. The following resolution was adopted: WHEREAS, the Peconic Land Trust is the owner of the property known and designated as SCTM# 1000-86-1-9.2 (formerly known as 86-1-9), located on the northwest side of Wells Rd. in Peconic; and WHEREAS, this proposed minor subdivision, to be known as Richmond Creek Farms, Section 2 is for 3 lots on 7.9 acres; and WHEREAS, Richmond Creek, Section 1 was approved on April 6, 1998; and WHEREAS, the Town has purchased the development rights on 37.2849 acres of Lot #1 in Section 1; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on the four lot subdivision (both Sections 1 & 2) on January 26, 1998; and Page 2 Proposed minor subdivision for Richmond Creek Farms - Section 2 April 6, 1999 WHEREAS, a final public hearing was closed on the Richmond Creek Farms, Section 2 subdivision application at the Town Hall, Southold, New York on April 5, 1999; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated March 11, 1999. Enclosed please find a copy of the map which 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. Sincerely, Bennett Orlowski, Jr. P' ~"75 Chairman enc. cc: Building Dept. Tax Assessors NOTIC~ IS H~KEBY GIVEN flmt ~ ~o S~fion 276 of the Town Law, and Article XXV of the code of thc Town of Southold, a publin bear/rig will be held by the Southold Town Pinnning Board, at the Town Hall, Main Road, Sunthold, New York in said Town on the 5th day of April, 1999 on the question of the following: 7:30 P.M. Public hearing for the proposed minor subdivision for Richmond Creek Farms, Section 2, in Puconin, Town of $outhold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-86-1-9. The property is bordered on the north by land now or formerly of Peconic Land Trust, Inc.; on the east by Wells Road; on the south by Richmond Creek; and on the west by land now or formerly of Peconic Land Trust. 7:35 RM. Public hearing for thc proposed amended site plan for Suffolk County National Bank, in Cutchogue, Town of Southold, County of Suffolk, State of New York, Suffolk County Tax Map Number 1000-97-5-12. The property is bordered on the ~mtheast by land now or formerly a/Nm~ York Telephone (NYNF. X); un the wutbeart by Main Road; on 51e ~ulh by land now or formerly of ~oed Fdcmunn; and un the ~st b~ lamt ~ow or formerly of Sunford 7:40 P.M. Public hearing for the proposed site plan for Matt-A-Mar Marina, in M~attituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1(X~114-3-1. The property is bordered on the north by land now or formerly of Baker; on the northeast by Wick- ham Ave.; on the southeast and south by Matt/tuck Creek; and on the west by Long Creek. 7:45 P.M. Public hearing for the proposed lot line change 10r Ralph and Patricia Pugliese and John and Joanne Calabrese, in Cutchogu¢, Town of Southold, County of Su~- folk~ State of New York. Suffolk County Tax Map Number 142.4 & 12.5. The property is bordered .n the north b) land now or formerly Pugliese; on the east by land now or formerly of Rysko, and by Main Road (NYS Rt. 25); on thc south by land now or formerly of Robinson; and on the west by land now or for- merly of Pugliese. 7:50 P.M. Public hearing for the proposed lot line change for Susan Magg and Francis and Judith Orioli, in Manituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax map Number 1000-116-7-3 & 4. The property is bordered on the north by land now or formerly of Stuart D. Glass and Helen D. Glass; on the east by HaWs Creek (a.k.a. Mud Creek); on the south by land now or formerly of Kevin Cande and Kathryn Pufahk and on the west by Hall's Creek Drive. 7:55 RM. Public hearing for the proposed lot line change for Ray- mond I. Akscin and Kenneth L. & Carol M. Hohl, in Southold, Town of Southold, County of Suffolk, Stale of New York· Suffolk County Tax Map Number 1000-88-2-16 & The property is bordered on the north by land now or formerly of Francis Akscin and wife, and by land now or formerly of Russell A. Pellicano; on the east by land now or formerly of Edward R. Deutsch & Eileen E. Dcutsch; on the southeast by land now or formerly of Raymond J. Akscin & Rudolph J. Dehann; on the soulh by Main Bayview Road; and on the west by land now or formerly of Francis Akscin and wife. 8:00 RM. Public hearing for the proposed site plan for Hay Harbor Club, on Fishers island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-%12-8.1. The prope~v is bordered on the north by 1~ ~ow or formerly of Henry W. ~ ~on, Jn, and by land now or formerly of Joan L. Pag- notta, by land now or formerly of John W. Merrier, Ill & Cornelia Daley, by land now or formerly of Margaret M. Bogert, and by Ettrick St.; on the east by Oriental Ave.; un the South by Block Island Sound; and on the west by Heathuile Ave. Dated: March 26, 1999 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, .Ir. Chairman STATE OF NEW YORK) )SS: COI.~NTY OF SUFFOLK) L.~.~Q/'~[- [J,J~l[ I,~ of Mattituck, in said county, being duly sworn, says that be/she ts Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed 1s a printed copy, has been regu- ~ h~r~ publishe~i { i!.i~ for__l '~l~enclng · :~ ;! ~, d Sworn to before me this day of ~ in said Newspaper once each weeks successively, on the { -~+ day 19 /J~ Principal Clerk 19 , NO, 52~65~242, SgFFOLK COUntY ~MISSlON EXPIreS AUGUS] 3L Submission Without a Co~er Letter Sender: Subject: SCTM#: Date: ~ Com~nt.: Town PLANNING BOARD M~MBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 24, 1999 Rae Lapides Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re~ Proposed minor subdivision for Richmond Creek Farms - Section 2 SCTM# 1000-86-1-9 Dear Ms. Lapides: The above noted subdivision application was scheduled for the Planning Board's March 22, 1999 meeting. This meeting was canceled since the Planning Board didn't have a quorum that evening. All items scheduled for the March 22nd meeting have been re-scheduled for Monday, April 5, 1999, at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman eric. March 19, 1999 SOUTHOLD FIRE DISTRICT P.O. BOX 908, SOUTHOLD, N.Y. 11971 (516) 765-4305 FAX (516) 765-5076 Melissa Spiro, Planner Southold Town Planning Board PO Box 1179 Southold, NY 11971 Re: Richmond Creek Farms, 1000-86-1-9 Dear Melissa: The Southold Fire District has re-reviewed the above mentioned map and finds that there is adequate fire protection at that property at this time. This decision is valid for one year from the date of this letter. Sincerely, Cynthia Caprise Fire District Secretary I'IAR 2 1999 Southold Town Planning Board Submission Without a Cover Letter Sender: Subject: ~ l'OhPa~f~ ~ SCTM#: 1000- LEGAL NOTICE Notiee or Public Ibmf~ NOTICE IS HEREBY GIVEN, that pursuant to Section 276 of the Town Law, and Article XXV of thc code of the Town of Southoid, a pub- lic hearing will be held by lhe Southoid Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 22nd day of March, 1999 on the question of the following. 7:30 p.m. Pubilc heating for the proposed minor subdivision for Richmond Creek Farms, Section 2, in Peconic, Town of Somho{d, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-86-1-9. The property is bordered on the north by land now or formerly of Peconic Land Trust, Inc.; on the east by Wells Road; on the ~o~h by Richmond Creek; and on the west by land now or formerly of Peconic Land 'llamt. 7:35 p.m. publio hearing for the proposed amended site plan for Suffqlk County National Bank, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-97-5-12. The property is bordered on thc northeast by land now or formerly of New York Telephone (NYNEX); on the southeast by Main Road; on the south by land now or formerly of Sanford Frlemann; and on the west by land now or formerly of Sanford Friemann. Dated: March 2, 1999 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD ~mnett Oriowski, Jr. Chairman 1630-1TMI 1 STATE OF NEW YORK) i' :: , , )SS: COUNW OF SUFFOLKI x.J~Q/~ [-, (J]l[[i.S of MattitUck,.in said county, being duly sworn, sayg that he/She is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, a_nd that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for \ weeks successively, comme.ncingt~ on the [ [ ~a day of ~ ~/C~ fCJ~ 19C~__ 3 Principal Clerk 19 ~ (XI~ilSSION E~JtRES AUGUST 31, 19c/ Sworn~ to before me this day of r~ Z 023 584 916 US Po~. Service Recempt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail Z 023 584 918 US pselal'Sewice Receipt for Certified Mail No Insurance Coverage Provided. Do not use fo~ International Mall Southold Town PlannlnR Board Notice to Adlacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for a minor subdivision. That the property which is the subject of the application Is located adjacent to your property and is described as follows: Proposed minor subdivision for Richmond Creek Farms, Section 2, SCTM#1000- 86-I -9, located on the northwest side of Wells Rd. That the property which is the subject of this application is located in the R-80 zone, 4. That the application is for 3 lots on 7.9242 acres. (See enclosed map.) That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, March 22, 1999 at 7:30 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing In the Traveler Watchman published In the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): PECONIC LAND TRUST PO Box 1776 Southampton, NY 11969 3/11/99 Date: Sender: Subject: SCTM#: 1000- Comments: Submission Without a Cover Letter IPRINTED IN BOXES 5 THRU 9 MUST BE TYPED ~vPRINTED IN BLACK INK ONLY :~IR TO RECORDING OR FILING Number pages TOi~ENS Cc~ificalc g Prhtr Deed/Mo,gage inslmn,eu, Il Deed/Murtgage Tax Stamp ]l Recordiug/Filing Slamils "I FEES Page / Filing Fcc ~ b__ Mo~gage Amt. Handling TP-584 2. SONY~ ~otation Sub Total EA-5217 (Courtly) Sub Total ~ ~ 3. Spec.lAdd. EA-5217 (State) ~ TOT. MTG. T~ ILP.T.S.& , Dual Town Dual Comit~ Held for Appo~ionment Comm. of Ed. 5 . 00 *~ Transfer T~ Affidavit Mansion T~ ~Ce~ified Copy / ~__ The p~pe~y covered by this reD,gage is or will be improved by a one or two Reg Copy Sub Total ~ ~ family dwelling only. Y~ or NO Off,er G~D TOT~ ~. R NO, see appropriate t~ clause on page g of Ihis inslmmenl. 5']_ Real Prol,e,y T~ Se~ce Agency Verificaiion =6~ Title Company Information ~ Dist Section Block ~t ~n Title Number Cash Check Ch~ge ' [ .~ DOa, ~ :: ::::: (ADDRESS) Suffolk Coun Recording & Endorsement Page This page forms part of the attached I t ' ~ made by: (Deed, Mo~gage, etc.) SUFFOLK COUNt, NEW YO~(. q ~, or ~LET of IN WITNESS WHEREOF, the DECLARANTS above named have executed the foregoing instrmnent the day and year first written above. f By: John v. It. Halsey, esident Peconic Land Trust, Inc. State of New York SS. County of Suffolk Onthe ~Oqt~dayof V~6t~cL intheyear It~?~beforeme, the undersigned, a Notary Public in and for said state, 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(ies), 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. Notary Public 7 SS: STATE OF NEW YORK COUNTY OF SUFFOLK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) ~ EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT · ~ THE STATE OF NEW Y0_P,.K, ! .... .'-.n~lPA ED THE ANNEXED COPY._.O~F _F THAT I H~v'- ~.,'-',-,, ~_.R DED DO HEREBY_CE T F AT PAGE ~ ~_RECOR ATiON A~D OF THE WHOLE , n~n LIBEH ~ ....... "' °~ ~H ORIGINAL DECLAR-. ~I~-T-HX~: IT I~-A JUST AND TRUE L;U~'~ ur 'THEREOF. HAVE HEREUNTO SET.MY HAND AND AFFIXED THE SEAL OF SAID iN TESTIMONY WHEREOF, ' ( (~ff.~._ DAYOF COUNTY AND COURT THIS CLERK DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this 22nd day of March, 1999 by Peconic Land Trust Inc., a New York not-for-profit corporation, having its principal office at 296 Hampton Road, P.O. Box 1776, Southampton, NY 11969, hereinafter referred to as the DECLARANTS; WITNESSETH: WHEREAS, the DECLARANTS are the owners of certain real property situate on the West side of Wells Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANTS have made an application for and have received conditional approval from the Plarming Board of the Town of Southold to subdivide said property into three (3) lots, as shown on the Subdivision Map of "Richmond Creek Farms Section 2" prepared by Young and Young, last dated __.which map was simultaneously filed herewith in the Office of the Suffolk County Clerk on ,1998 as Map File No. ; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Plaiming Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANTS, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: WHEREAS, GRANTORS are the owners of lands located on the West side of Wells Road in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A", annexed hereto and made a part hereof and as shown on a certain map entitled "Subdivision Map Richmond Creek Farms Section 2", situate Peconic, Town of Southold, Suffolk County, New York, which map was filed in the office of the Clerk of the County of Suffolk on the dayof ,1998, as Map File No. ;and WHEREAS, the GRANTORS are required, pursuant to the Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted on 1999, to create mutual easements for the purpose of ingress and egress to certain of the lots or parcels of land in said subdivision and for the installation of utilities, subdivision entrance sign, and all other lawful purposes in favor of these parcels, so that there will be only one (1) common access to serve said lots #1, #2, and #3; and 1. There will be a seventy-five (75) foot wide no disturbance wetland buffer area adjacent to the wetland area as shown on the map entitled Subdivision of Richmond Creek Farms Section 2. Grading within this area shall be prohibited, and cleating and cutting shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. 2. The Town Board of the Town of Southold finds that farming is an essential activity within the Town of Southold. Farmers provide fresh food, clean air, economic diversity and aesthetic open spaces to all the citizens of our town. In addition, land in agricultural uses requires less tax dollars for services than does land with residential or commercial development. Accordingly, farmers shall have the right to farm in Southold without undue interference from adjacent landowners or users. For the purpose of reducing future conflicts between people residing on lots adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities. Agricultural activities conducted on farmland, undertaken in compliance with applicable federal, state, county and town laws, rules and regulations, are presumed to be good agricultural practices and presumed not to adversely affect the public health safety and welfare. We find that whatever nuisance may be caused to others by such uses and activities, so conducted, is more than offset by the benefits from farming to the community. Therefore, all such activities shall be protected farm practices within the Town of Southold. 2 3. Vehicular access to and from Richmond Creek Farms for lots 1, 2 and 3 shall be subject to a "Declaration of Common Driveway", which is included herein and made a part of this declaration. Lots 1, 2, and 3 shall be accessed by a common sixteen (16) foot rock common driveway, as indicated on the proposed subdivision plan. Each of these lot owners shall use the common driveway and shall be responsible for and pay for the cost of extending, repairing and maintaining such common driveway from the entrance at Wells Road. The use of the existing common driveway is limited to access and egress for lots 1, 2, and 3 of said subdivision and shall not provide access to any adjoining properties. WHEREAS, the GRANTORS desire to provide for such shared driveway access to and from Wells Road, and A. Lots numbered 1, 2, and 3, of said subdivision map shall have a common driveway access to and from Wells Road by way of a single common driveway as shown on said subdivision map over the land area shown on said subdivision map as "Common Driveway Easement Area", and as described more fully in Schedule "B" as annexed hereto. B. The use of the common driveway area as shown on said map shall be subject to the following restrictions: 1. The lot owners shall have the joint, equal, and mutual fight to use the common driveway as shown on said subdivision map for the purpose of ingress and egress and placement of utilities. 2. The terms "lot owner" or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors, or assigns of the particular lot owner or lot owners. 3. Each lot owner is affected by the Easement, by accepting a deed to or taking title to any part of the lands described in Schedule "A" as annexed hereto, and does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns all of the conditions, obligations, restrictions and provisions of this Easement. 4. The word "maintenance", as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, repaving, adding rock or filling in of holes, and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway as shown on said map. 5. The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the road and the amount of money to be expended therefore. Each lot owner shall be responsible for the proportionate share of expenses (33 1/3%) that his/her vote has to the entire number of votes eligible to be cast. 6. All decisions for the improvements and/or maintenance of the private roadway shall be made by majority vote of the three (3) lot owners. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within two (2) weeks of the mailing of that notice shall be bound by the decision of those who do vote. 7. All lot owners agree that the roadway shall always be maintained so as to be passable by ordinary passenger, service and emergency vehicles and this shall include prompt repair of any "potholes" or similar defects in the road which cause the roadway to become substandard. 8. In the event of any of the lot owner's failure to pay their proportionate share of maintenance expenses within fourteen (14) days of written notification of charges, such unpaid monies may be collected proportionately fi.om each of the other lot owners. In this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in the New York Lien Law. The lot owner who has not paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share of maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a presumption that the 4 maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to interest charges, and attorneys' fees that are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. 9. Notwithstanding anything to the contrary herein, each and every lot owner shall repair, at his/her sole costs and expense, any damage done to the roadway by construction traffic, machinery, or other implements used in the construction of improvements on the particular lot owner's land. Any failure to make or pay such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with sub-paragraph "H" above. 4. This Easement is binding upon all grantees, heirs, distributees, successors, or assigns of any portion of the lands described in Schedule "A" above. This common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Southold Town Planning Board or its legal successor, except that the provisions hereof which relate solely to the making or repair or improvement decisions or the allocation or expenses among lot owners may be revoked or modified without such Board's approval. The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall be enforceable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5 These covenants and restrictions shall mn with the land and shall be binding upon the DECLARANTS, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public heating. 6 TITLE NO. FNT9818886 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Wells Road, said point being the southeasterly corner of the described premises .herein, being where the westerly line of other lands now or formerly of Peconic Land Trust, Inc. along the northerly side of Wells Road; RUAFNING THENCE along the northerly side of Wells Road, South 55 degrees 04 minutes 29 seconds West, 434.00 feet to the easterly line of Richmond Creek; THENCE the following 5 courses and distances along the easterly side of Richmond Creek: 1. North 44 degrees 28 minutes 05 seconds West, 232.51 feet; 2. North 50 degrees 41 minutes 15 seconds West, 166.58 feet; 3. North 32 degrees 49 minutes 20 seconds West, 226.46 feet; 4. North 41 degrees 50 minutes 24 seconds West, 5. North 24 degrees 38 minutes 49 seconds West, THENCE North 63 degrees 50 minutes 23 seconds along land now or formerly of Peconic Land Trust, Inc.; THENCE the following 4 courses and distances still along land now or formerly of Peconic Land Trust, Inc.: 162.60 feet; 159.79 feet; East, 247.46 feet 1. South 49 degrees 58 minutes 55 seconds East, 332.54 feet; 2. South 56 degrees 43 minutes 13 seconds East, 360.50 feet; 3. THENCE Southeasterly along an arc of a curve, bearing to the right having a radius of 500.00 feet and a length of 190.20 feet; 4. South 34 degrees 55 minutes 31 seconds East, 55.35 feet to the northerly side of Wells Road, the point or place of BEGINNING. Common Driveway Easement Richmond Creek Meadows BEGIS~NING AT A POiNT on the Southeasterly side of Main Rd. 1026.67 feet Southwesterly from the intersection of the Southeasterly side of Main Road and the Westerly side of Wells Road. Runnintg thence from the intersection of the Southeasterly side of Main Road and the Westerly side of Wells Road, South 34 degrees 41 '41" East 2253.11 feet along lands now or formerly of Pellighni to a point. Running thence South 52 degrees 27' 9" West 140.22 feet to a point along land now or formerly of Chester Skwara and Joyce Skwara. Running thence along land now or formerly of Skwara Southwest 74.93 feet to a point. Running thence still along land of Skwara South 16 degrees 53' 59" West 175 feet to a point on the Northerly side of Wells Road. Running thence along Wells Road North 73 degrees 6' 1" West 341.71 feet to a POINT AND PLACE OF BEGINNING Running thence along land now or formerly of Pelligrini North 34 degrees 55' 31" West 55.35 feet Running thence still along land now or formerly of Pelligrini North 56 degrees 43" 13" West 550.7 feet to a point that is the Northeasterly comer of the 30 foot wide right of way ['or the common driveway easement Running thence Southwesterly 30 feet to a point at the Southwesterly comer of the 30 :?oot wide right of way for the common driveway easement. Running thence along flag lot common drive South 56 degrees 43' 13" East 602.79 feet lo a point on the Northerly side of Wells Road. Running thence Easterly along the Northerly side of Wells Road 30 feet to the point and place of beginning. BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS ~ KENNETH L. EDWARDS ~ GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P,O, Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 2, 1999 Rae Lapides Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed minor subdivision for Richmond Creek Farms - Section 2 SCTM# 1000-86-1-9 Dear Ms. Lapides: The following resolution was adQpted by the Southold Town Planning Board at a meeting held on Monday, March'1, 1999: BE IT RESOLVED that the Southold Town Planning Board set Monday, March 22, 1999 at 7:30 p.m. for a final public hearing on the maps dated July 21, 1998. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the siQned ~reen return receipts from the certified mailings on the day of, or at the public hearing. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, ,Ir. Chairman enc. ~coo\c --7 ~ .- ~ -- '- Lot J ~ Upland Areo=2~$2.6 .- W~'ddffd ,~feh~-~.2261 Ac. To[al Area=2.4087 Ac. Up~ond Areo=2.2g~8 Ac. WetJand Areo=O.-3~31- Ac. Total kreo=2.622~ Ac. UpIond ^rea~=Z095~ Ac. / Wetland Area~O.~ Total Area~2.8926 226.46' W W N 32'49'20" W RicHMOND cREEK Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this properb~: OWNER(S) OF RECORD: Peconic Land Trust NAME OF APPLICATION: Minor subdivision for Richmond Creek Farms Section 2 REFERENCE/TAX MAP #: 1000-86-1-9 SUBJECT OF HEARING: This minor subdivision is for 3 lots on 7.9272 acres TIME & DATE HEARING: Monday, March 22, 1999 at 7:30 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD - TOWN OF SOUTHOLD - (516) 765-1938 Southold Town Planninq Boarcl Notice Lo AdiacenL Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for a minor subdivision. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed minor subdivision for Richmond Creek Farms, Section 2, SCTM#1000- 86-1-9, located on the northwest side of Wells Rd. That the property which is the subject of this application is located in the R-80 zone. That the application is for 3 lots on 7.9242 acres. (See enclosed map.) That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, March 22, 1999 at 7:30 p.m. In the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler Watchman published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: PECON LAND TRUST 296 Hampton Road, PO. Box 2088, Southampton, NY 11969 (516) 283-3195 Fax: (516) 283-0235 February 19, 1999 Melissa Spiro Department of Planning Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Richmond Creek Farms C & Rs for your review Pia~in~ ~3oard Dear Melissa; Enclosed please find a copy of the revised C & Rs for the Town of Southold covering Richmond Creek Farms. I have merged the C & Rs with the common driveway agreement and made the other mentioned revisions. Please let me know what our next step is going to be and if there are more revisions needed. Again, thanks so much for your help. Encl. P(roject Manager BOXES 5 TItRU 9 MUST BE TYPED ~ plt~R TO RECOILDING OR FILING. ~ SU'q~0LK COUNTY CLERK , ZI ~ L/P// Number of pages TORREN~ Sm'iai # Certificate l'rlor CIf# Deed / Mortgage Instrument FEES Recording / Filiog Slnmlls Page / Filing Fcc Handling TP-584 Notation EA-5217 (County} EA-5217 (State} B.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 5 O0 Sub Total Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dlst Section Stamn Date Inilinln FEE PAID BY: Casln Check CImrge Payer same as R & R Block Lot Mortgage Arat. 1. Basic Tax 2. $ONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX .Dual Town., Dual County Held for Apportimmtent ..... Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling mdy. YKS ,, or NO If NO, see appropriate tax clause on page #, of this instrument. Title Company Information Compmly Name Title Numl)er OR: RECORD & RETURN TO fADDRESS~ This page forms part of the attached made by: (Deed, Mortgage, etc.) Tine premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In tile TOWN of In tile VILLAGE or HAMLET of DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this 22nd day of March, 1999 by Peconic Land Trust Inc., a New York not-for-profit corporation, having its principal office at 296 Hampton Road, P.O. Box 1776, Southampton, NY 11969, hereinafter referred to as the DECLARANTS; WITNESSETH: WHEREAS, the DECLARANTS are the owners of certain real property situate on the West side of Wells Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANTS have made an application for and have received conditional approval from the Planning Board of the Town of Southold to subdivide said property into three (3) lots, as shown on the Subdivision Map of "Richmond Creek Farms Section 2" prepared by Young and Young, last dated __ herewith in the Office of the Suffolk County Clerk on and which map was simultaneously filed ,1998 as Map File No. __; WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANTS, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: WHEREAS, GRANTORS are the owners of lands located on the West side of Wells Road in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A", annexed hereto and made a part hereof and as shown on a certain map entitled "Subdivision Map Richmond Creek Farms Section 2", situate Peconic, Town of Southold, Suffolk County, New York, which map was filed in the office of the Clerk of the County of Suffolk on the day of ,1998, as Map File No. ; and WHEREAS, the GRANTORS are required, pursuant to the Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted on 1999, to create mutual easements for the purpose of ingress and egress to certain of the lots or parcels of land in said subdivision and for the installation of utilities, subdivision entrance sign, and all other lawful purposes in favor of these parcels, so that there will be only one (1) common access to serve said lots #1, #2, and #3; and 1. There will be a seventy-five (75) foot wide no disturbance wetland buffer area adjacent to the ....... wetland area as shown on the map entitled Subdivision of Richmond Creek Farms Section 2. Grading within this area shall be prohibited and clearing and cutting shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. 2. The Town Board of the Town of Southold finds that fanning is an essential activity within the Town of Southold. Farmers provide fresh food, clean air, economic diversity and aesthetic open spaces to all the citizens of our town. In addition, land in agricultural uses requires less tax dollars for services than does land with residential or commemial development. Accordingly, farmers shall have the right to farm in Southold without undue interference from adjacent landowners or users. For the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the fanning activities to future neighbors of farmland and farming activities. Agricultural activities conducted on farmland, undertaken in compliance with applicable federal, state, county and town laws, rules and regulations, are presumed to be good agricultural practices and presumed not to adversely affect the public health safety and welfare. We find that whatever nuisance may be caused to others by such uses and activities, so conducted, is more than offset by the benefits from farming to the community. Therefore, all such activities shall be protected farm practices within the Town of Southold. 2 3. Vehicular access to and from Richmond Creek Farms for lots 1, 2 and 3 shall be subject to a "Declaration of Common Driveway", which is included herein and be made a part of this declaration. Lots 1, 2, and 3 shall be accessed by a common sixteen (16) foot rock common driveway, as indicated on the proposed subdivision plan. Each of these lot owners shall use the existing common driveway and shall be responsible for and pay for the cost of extending, repairing and maintaining such common driveway from the entrance at Wells Road. The use of the existing common driveway is limited to access and egress for lots 1, 2, and 3 of said subdivision and shall not provide access to any adjoining properties. WHEREAS, the GRANTORS desire to provide for such shared driveway access to and from Wells Road, and A. Lots numbered 1, 2, and 3, of said subdivision map shall have a common driveway access to and from Wells Road by way of a single common driveway as shown on said subdivision map over the land area shown on said subdivision map as "Common Driveway Easement Area", and as described more fully in Schedule "B" as annexed hereto. B. The use of the common driveway area as shown on said map shall be subject to the following restrictions: 1. The lot owners shall have the joint, equal, and mutual right to use the common driveway as shown on said subdivision map for the purpose of ingress and egress and placement of utilities. 2. The terms "lot owner" or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors, or assigns of the particular lot owner or lot owners. 3. Each lot owner is affected by the Easement, by accepting a deed to or taking title to any part of the lands described in Schedule "A" as annexed hereto, and does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns all of the conditions, obligations, restrictions and provisions of this Easement. 4. The word "maintenance", as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, repaying, adding rock or filling in of holes, and all those items necessary to make it 3 convenient and safe for the owners of the aforesaid lots to use the common driveway as shown on said map. 5. The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the road and the amount of money to be expended therefore. Each lot owner shall be responsible for the proportion share of expenses (33 1/3%) that his/her vote has to the entire number of votes eligible to be cast. 6. All decisions for the improvements and/or maintenance of the private roadway shall be made by majority vote of the three (3) lot owners. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to ail other lot owners. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within two (2) weeks of the mailing of that notice shall be bound by the decision of those who do vote. 7. All lot owners agree that the roadway shall always be maintained so as to be passable by ordinary passenger, service and emergency vehicles and this shall include prompt repair of any "potholes" or similar defects in the road which cause the roadway to become substandard. 8. In the event of any of the lot owner's failure to pay their proportionate share of maintenance expenses within fourteen (14) days of written notification of charges, such unpaid monies may be collected proportionately from each of the other lot owners. In this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in the New York Lien Law. The lot owner who has not paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share of maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a presumption that the 4 maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to interest charges, and attorneys' fees that are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. 9. Notwithstanding anything to the contrary herein, each and every lot owner shall repair, at his/her sole costs and expense, any damage done to the roadway by construction traffic, machinery, or other implements used in the construction of improvements on the particular lot owner's land. Any failure to make or pay such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with sub-paragraph "H" above. 3. This Easement is binding upon all grantees, heirs, distributees, successors, or assigns of any portion of the lands described in Schedule "A" above. This common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Southold Town Planning Board or its legal successor, except that the provisions hereof which relate solely to the making or repair or improvement decisions or the allocation or expenses among lot owners may be revoked or modified without such Board's approval. The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall be enfomeable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5 These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be finding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public heating. 6 1N WITNESS WHEREOF, the DECLARANTS above named have execnted the foregoing instrument the day and year first written above. By: Peconic Land Trust, Inc. STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of :SS 1999, before me personally came to me known and known to me to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public TITLE NO. FNT9818886 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Wells Road, said point being the southeasterly corner of the described premises herein, being where the westerly line of other lands now or formerly of Peconic Land Trust, Inc. along the northerly side of Wells Road; RUNNING THENCE along the northerly degrees 04 minutes 29 seconds West, line of Richmond Creek; side of Wells Road, South 55 434.00 feet to the easterly THENCE the following 5 courses and distances along the easterly side of Richmond Creek: 1. North 44 degrees 28 minutes 05 seconds West, 232.51 feet; 2. North 50 degrees 41 minutes 15 seconds West, 166.58 feet; 3. North 32 degrees 49 minutes 20 seconds West, 226.46 feet; 4. North 41 degrees 50 minutes 24 seconds West, 162.60 feet; 5. North 24 degrees 38 minutes 49 seconds West, 159.79 feet; THENCE North 63 degrees 50 minutes 23 seconds East, 247.46 feet along land now or formerly of Peconic Land Trust, Inc.; THENCE the following 4 courses and distances still along land now or formerly of Peconic Land Trust, Inc.: 1. South 49 degrees 58 minutes 55 seconds East, 332.54 feet; 2. South 56 degrees 43 minutes 13 seconds East, 360.50 feet; 3. THENCE Southeasterly along an arc of a curve, bearing to the right having a radius of 500.00 feet and a length of 190.20 feet; 4. South 34 degrees 55 minutes 31 seconds East, 55.35 feet to the northerly side of Wells Road, the point or place of BEGINNING. Upland Area= 2. ~8~._AG W~ tTdn-d -,4~r-e~--0~ 2261 ~,c. Total Area=2.4087 Ac. L Uplond Area=2.2898 Ac. WetJand -Ar~a,-O.-3331- Ac-,- ..... Total Area=2.6229 Ac. I N 32'49'20" W Upland Area~=2.0233 Ac. / Wetland Area~=0.8693 Totol Area~2.8926 RICHMOND CREEK ~ ¢c°~ ~-J ~ Lo[ 3 Upland Area=2.2898 Ac. Upland ~--~'etl(~r~-.~Fe~3;70.2261 A~. Areo=2.6229 Ac. Total Area=2.4087 Ac. w 226.46' N 32~9'20" W Upland Area~=2.0253 Ac. ? Wetland Areo~-0.8695 Total Areo~2.8926 RicHMOND cREEK g°~c k.o~6 9 ¢c ~a~4'55'31'E ;o . 55.35'~'. ~ -'7 226.46' 32'49'20" W ~J Lot 1 ~--~ .. ~ Upland Ar,o~2.0255 Aa. · Wetland %~ ~,,,...~, ,, ~ Total Areo~2.8926 L./ ~t 2-._~_ ..... ', ~ .... Upland ~ea=2.2898 Ac. ..- "/ Area=2,6229 Ac. ~-~ IcHMOND cREEK MEMORANDUM TO: MELISSA SPIRO FROM: RAE LAPIDES PECONIC LAND TRUST SUBJECT: RICHMOND CREEK FARMS SECTION 2 DATE: 02/17/99 CC: C&RS Melissa. Here is a draft copy for the C & Rs. Please review and let me know.. what revisions you would like. Thanks for your help. F~ 18 1999 Southold Town Planning Board DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this 22nd day of March, 1999 by Peconic Land Trust, a New York not-for-profit corporation, having its principal office at 296 Hampton Road, P.O. Box 1776, Southampton, NY 11969, hereinafter referred to as the DECLARANTS; WITNESSETH: WHEREAS, the DECLARANTS are the owners of certain real property situate on the West side of Wells Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANTS have made an application for and have received conditional approval from the Planning Board of the Town of Southold to subdivide said property into three (3) lots, as shown on the Subdivision Map of "Richmond Creek Farms Section 2" prepared by Young and Young, last dated __ herewith in the Office of the Suffolk County Clerk on and which map was simultaneously filed ,1998 as Map File No. __; WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of said parcel; NOW, TItEREFORE, TItIS DECLARATION WITNESSET}t: That the DECLARANTS, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall nm with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1. Vehicular access to and from Richmond Creek Farms for lots 2 and 3 shall be subject to a separate "Declaration of Common Driveway", which is to be recorded simultaneously herewith the filing of said Section 2 subdivision map and be made a part of this declaration. Lots 2 and 3 shall be accessed by a common sixteen (16) foot rock common driveway, as indicated on the proposed subdivision plan. Each of these two lot owners shall use the existing common driveway and shall be responsible for and pay for the cost of installing, extending, repairing and maintaining such common driveway from the entrance at Wells Road to the respective lot of such owner. The use of the existing common driveway is limited to access for lots 2 and lots 3 of said subdivision and shall not provide access to any adjoining properties. 2 2. There will be a seventy-five (75) foot wide wetland buffer area adjacent to the wetland area as shown on the map entitled Subdivision of Richmond Creek Farms Section 2. Grading within this area shall be prohibited and cleating and cutting shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. 3. The Town Board of the Town of Southold finds that farming is an essential activity within the Town of Southold. Farmers provide flesh food, clean air, economic diversity and aesthetic open spaces to all the citizens of our town. In addition, land in agricultural uses requires less tax dollars for services than does land with residential or commercial development. Accordingly, farmers shall have the right to farm in Southold without undue interference fi.om adjacent landowners or users. For the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the fanning activities to future neighbors of farmland and farming activities. Agricultural activities conducted on farmland, undertaken in compliance with applicable federal, state, county and town laws, rules and regulations, are presumed to be good agricultural practices and presumed not to adversely affect the public health safety and welfare. We find that whatever nuisance may be caused to others by such uses and activities, so conducted, is more than offset by the benefits from farming to the community. Therefore, all such activities shall be protected farm practices within the Town of Southold. 3 The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall he enforceable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. 4 That the within Declaration shall run with the land and shall be finding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southampton or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANTS above named have executed the foregoing instnunent the day and year first written above. By: John v H. Halsey, President Peconic Land Trust, Inc. STATE OF NEW YORK) :SS COUNTY OF SUFFOLK) On the day of December 1998, before me personally came CHARLES GILBERT, to me known and known to me to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public COMMON DRIVEWAY EASEMENT THIS INDENTURE, made the 19th day of February, 1988, by Peconic Land Trust Inc. having offices at 296 Hampton Rd., P.O. Box 1776, Southampton, NY 11969 hereinafter referred to as the 'GRANTORS". WITNESSETH: WHEREAS, GRANTORS are the owners of lands located on the West side of Wells Road in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A", annexed hereto and made a part hereof and as shown on a certain map entitled "Subdivision Map Richmond Creek Farms Section 2", situate Peconic, Town of Southold, Suffolk County, New York, Which map was filed in the office of the Clerk of the County of Suffolk on the dayof ,1998, as Map File No. ;and WHEREAS, the GRANTORS are required, pursuant to the Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted (date) 1999, to create mutual easements for the purpose of ingress and egress to certain of the lots or parcels of land in said subdivision and for the installation of utilities and all other lawful purposes in favor of these parcels, so that there will be only one (1) common access to serve said lots #1, #2, and #3; and WHEREAS, the GRANTORS desire to provide for such shared driveway access to and from Wells Road, 1. Lots numbered 1, 2, and 3, of said subdivision map shall have a common driveway access to and from Wells Road by way of a single common driveway as shown on said subdivision map over the land area shown on said subdivision map as "Common Driveway Easement Area", and as described more fully in Schedule "B" as annexed hereto. 2. The use of the common driveway area as shown on said map shall be subject to the following restrictions: A. The lot owners shall have the joint, equal, and mutual right to use the common driveway as shown on said subdivision map for the purpose of ingress and egress and placement of utilities. B. The terms "lot owner" or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors, or assigns of the particular lot owner or lot owners. C. Each lot owner affected by the Easement, by accepting a deed to or taking title to any part of the lands described in Schedule "A" as annexed hereto, and does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns all of the conditions, obligations, restrictions and provisions of this Easement. D. The word "maintenance", as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, repaving, adding rock or filling in of holes, and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway as shown on said map. E. The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the road and the amount of money to be expended therefore. Each lot owner shall be responsible for the proportion of expenses (fifty percent 50%) that his/her vote has to the entire number of votes eligible to be cast. F. All decisions for the improvements and/or maintenance of the private roadway shall be made by majority vote of the two (2) lot owners. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within two (2) weeks of the mailing of that notice shall be bound by the decision of those who do vote. G. All lot owners agree that the roadway shall always be maintained so as to be passable by ordinary passenger, service and emergency vehicles and this shall include prompt repair of any "potholes" or similar defects in the road which cause the roadway to become substandard. H. In the event of any of the lot owners fail to pay their proportionate share of maintenance expenses within seven (7) days of notification of charges, such unpaid monies may be collected proportionately from each of the other lot owners. In this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in the New York Lien Law. The lot owner who has not paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share of maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a presumption that the maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to attorneys' fees which are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. I. Notwithstanding anything to the contrary herein, each and every lot owner shall repair, at his/her sole costs and expense, any damage done to the roadway by construction traffic, machinery, or other implements used in the construction of improvements on the particular lot owner's land. Any failure to make or pay such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with sub- paragraph "H" above. 3. This Easement is binding upon all grantees, heirs, distributees, successors, or assigns of any portion of the lands described in Schedule "A" above. 4. This common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Southold Town Planning Board or its legal successor, except that the provisions hereof which relate solely to the making or repair or improvement decisions or the allocation or expenses among lot owners may be revoked or modified without such Board's approval. 1N WITNESS WHEREOF, the GRANTORS have duly executed this agreement as of the day and year first above written. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this day of March, 1999, before me personally appeared , President of Peconic Land Trust Inc., who, being by me duly sworn, said that he offices at 106 Hampton Road, P.O. Box 1776, Southold, New York, 11971, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Notary Public Sender: Subject: SCTM#: 1000- Date: &/ Comments: Submission Wtthot~t a Cover Letter ~c Lop;acs - ¢ccon;c L~n¢, Tr~sr ~'chm~ ~_ ~cc. ~ F~B 1 7 7999~ Southold Tot~n Planning Boer~t PI,ANN'ING BOARD MEMBERS0 BENNETT ORLOWSKI, JR. ~ Chairman WILLIAM J. CREMER$ KENNETH L. EDWARDS ~ GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 17, 1999 Cynthia Caprise Southold Fire District P.O. Box 908 Southold, New York 11971 RE: Richmond Creek Farms (a.k.a. Peconie Land Trust) SCTM# 1000-86-1-9 Dear Ms. Caprise: On January 20, 1998, the Planning Board received the attached report from the Southold Fire District in ~egard to the above mentioned proposed subdivision. It is noted in the report that the decision is valid for one year from the date of the letter. The applicant is in the process of finalizing the subdivision. The development ~ights have been sold on a majority of the property. The three (3) lot development proposal remains the same as that proposed in 1998. Since more than one year has passed since the issuance of the Fire District's report, I am re-sending the proposal to the Fire District for review. Please contact me if you have any questions regarding the above. Sincerely, ~ /~ Planner ~, SOUTHOLD FIRE DISTRICT P.O. BOX 908, SOUTHOLD, N.Y. 11971 January 20, 1998 Chairman Bennett Odowski, Jr. Southold Town Planning Board PO Box 1179 Southold, NY 11971 Re: Peconic Land Trust, 1000-86-1-9 Dear Ben: The Southold Fire Distdct has reviewed the above mentioned map and has found that there is adequate fire protection at this time. This decision is valid for one year from the date of this letter. Sincerely, Cynthia Capdse Distdct Secretary PtANNING F~'; ~ :' PECONI~LAND TRUST 296 Hampton Road, 120. Box 2088, Southampton, NY 11969 (516) 283~3195 Fax: (516) 283-0235 Planning Board Town of Southold Attn.: Melissa Town Hall, 53095 Main Road Southold, NY 11971 April 23, 1998 RE: Richmond Creek Farms Minor Subdivision, Section 2; SCTM: 1000-86-1-9 Dear Melissa: Enclosed please find 8 copies of the survey for the above referenced subdivision. We would like to proceed with Section 2 of the subdivision at this time. Application has been made to the Suffolk County Department of Health Services and we will forward the approved map as soon as we receive it. In the meantime, please let us know if you require any additional information. Thank you very much. enc. cc: Tim Caufield Sincerely, Julie G. Tiska Project Assistant APR 2 4 1998 Southold Town Planning Board RIECEIVED OF ELIZABETH ~.. NEVILLE, TOWN CLERK Town of Souihold Southold, ~lew York 11971 Phc .n~e~'~6-765 - 1800 RECEIPT '7 3 ii 4 2 $ Z~O00' o~ Young & Young, Land Surveyors 400 Os~ra~dew AveNue, Riverhea~ Ne~v York lfgol 5t6-727-2303 LOCATION MAP SCALE: 55.35% ~-~- Lot 3 Upland Areg-7~1826 We[ladd Area=0.2261 Ac.' Total Area=2.4087 Ac. /- I .i'~; j ............... N 159.79 '- '.:7::-; :i.? .. 24'38'49. W N 41 W I L ..... ~ 226.46' N 32'49'20" W -- Lo~ 1 Upland AreQ=~2.0255 Ac. WetlQnd Areo~O.8693 Ac. Total Areo~2.B926 Ac. ~' L S oETERMIN i,,' -. /'~ ~ A~o~¢ AppRO~UA~ u.w.u. , RICHMOND CREEK ROAD TYPICAL PLOT PLAN ENGINEERS CERTIFICATION: THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WI~ THE STANDARDS AND REQUIRE- MENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH AT THE TIME OF CON S~P, UCTI ON THOMAS C. WOLPERT, P.E. N.Y.S. LIC, NO. 614~5 SITE DATA: 1. TOTAL AREA: 7.92~B ACRES 2, TOTAL NO. OF LDTS : 3 3 ZONING USE DISTRICT: R-80 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N.Y. DATE F[~ 0 4 l~(a ]HIS ~.S. TD CERIlFY TI~T THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT ~"1~ ~-J~3~i~'~a~ ~, WITH A TOTAL OF - ~' LOTS WAS APPRO~D ON ~E ~OVE DATE. WA~R SUPPUES AND SEWAGE DISPOSAL FACIU~ES MUST CONFORM TO CONS~UCTION STANDARDS IN EFFECT AT ~E ~ME OF CONS~UC~ON AND ARE SUBJECT TO SEPARA~ PERMI~ PURSUANT TO ~OSE ST~DARDS, ~IS APPROVAL SHALL BE VALID ONLY IF THE REAL~ SUBDI~SION/DE~LOPMENT MAP IS DULY RLED ~ ~E COUN~ CL~K ~IN ONE ~AR OF ~IS OA~, CONSENT IS HEREBY GleN FOR THE RUNG OF ~IS M~ ON ~ICH ~IS ENDOR~MENT APPEARS IN ~E O~CE OF ~E COUN~ C~RK IN ACCORDANCE M~ PRO~SIONS OF ~E PUBUC HEAL~ LAW AND THE SUFFOLK COUN~ SANITARY CODE. JOSEPH H. BALER, P.E. DIRECTOR, DIVISION OF EN~RONMENTAL QUAUTY PLANNING BOARD CER31FICATION: THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD, DATE OFAPPROVAL CHAIRMAN (TOWN OF SOUTHOLD PLANNING BOARD) THE APPROVAl OF THIS MAP DOES NOT CONSTIIUIE THE ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. A DECLARA110N OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN UBER____.CP.__ SURVEYORS CERTIFICATION: "I HEREBY CER~IFY THAT THIS MaP WAS MADE BY ACTUAL SURVEYS COMPLETED DECEMBER 15, 1997 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODE~C DETAILS ARE CORRECT." "1 HEREBY CER~FY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE BUILDING ZONE ORDNANCE OF THE TOWN OF SOUTHOLD. /KENNETH F. ABRUZZO, L.S. N.Y.S. LIC, NO. 49999 OWNER: PECONIC LAND TRUST 296 HAMPTON ROAD SOUTHAMPTON, N,Y. 11968 FEB 17 1999 Southold Town JULY 21 INDICATE ARCHAEOLOGICAL REPORT & SANITARY SYS~MS SUBDIVISION PLAT RICHMOND CREEK FARMS, SECTION 2 At: PECONIC Town of: SOUTHOLD Suffolk County, New York Suff. Co. Tax Map: 1000 86 1 9 NOTES: 1. · = MONUMENT FOUND,/~= STAKE FOUND. 2. RE LOT 2, MINOR SUBDIVISION FOR RICHMOND CREEK FARMS DATE :APR. 22, 1998 SCALE :1"=100' JOB NO, :96 -- 0883 SHEET NO~:I OF 1 MAP NO. 64H (960883SD.DWG) pECON now dP forrnerl~ Thomas p. Oratton& Dole E, Orotfon ROAD TYPICAL PLOT PLAN IHE WA~R SUPPLY WND SEWAGE DISPOSAL FACILI~ES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIRE- MENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH AT THE TIME OF CONSTRUCTION. SUFFOLK COUNTY DATE THOMAS C. WOLPERT, P.E.N.Y.S. LIC. NO, 614.83 OF HEALTH SERVICES N.Y. DEPARTMENT HAUPPAUGE, THIS IS TO CERI~FYiTHAT ~riE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT FOR IN THE .WITH A TOTAL OF LOTS WAS APPROVED ON THE ~BOVE BAT, WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANOARDS IN EFFECT AT THE TIME OF CONS1~UCT~ON AND ARE SUBdECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS, THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK W1THIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE ~TH PROVISIONS OF l~E PUBLIC HEALTH LAW AND l~E SUFFOLK COUNTY SANITARY CODE, ~E~T HOLE NO. 1 0,0~ LOAM SAND A TEST HOLE NO. 2 IEST HOLE NO. 3 3.0' 3.0' 120' JOSEPH H, BALER, P.E, DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY S 34'41'41" E DE~'I~LOPMENT AREA Are~-= 4.0000 Acres S27'13' ~ EDGE OF CULTIVATED FIELD LO II0 now or formerly Robert K. Simon & Elizabeth K. 110 + es C. MCBurrfie doze Mc~urnie 104 LOCATION MAP SCALE 1"=600' Simon /. I ~ ~e / now or formerly ~g / '-. / , ., ~ ~ ~ / Jennie Lee Pierce ~ ~ ..... "'' "~"--~ ..... 2253'11~ ...... EB~--~ OF CULqVATED FIRm ~ "~ ~ --- ..... P~O~[~ 'L~E' ~ D[SC~BE~ ~N DEED TO CHESTER H, SKW~R~-~ JOYCE M, SKWARA LIBER 6308 CP. 503 DATED FEB, 7, 1968 ~ PROPERTY UNE ~S DESCRIBED IN DEED Lot 4 lord Are~=41.2840 .._ NON-DE~LOPM~NT AREA / ............... DEVELOPMENT RIG~T~O BE CONVEYED TO ~02 OF SOUTHOLD ' Are~ = 37.2849 Acres --... ~ ~ 55.35' + G " ~ Lo~ 1 T.. ~o ~ ~ Upland Area~2.0253 Ac. ' ".,~ ~ Wetland Areo~0.8693 Ac } ,-"'~ ~Total Areo~2.8926 ' ~' '- " 7 ....... ~ ~ , Lot 2- . ....... s~ ~.~ ~ [ ~ Upland Area~2.2898 Ac. ~ / '-. + ~ Upland Area=2.18~6 Ac. Wetland--Area~,~5~t-Ac, ..... _. -'' ./ , '" - ....... ..---To~al Area=2.6229 Ac..- --... ~ EARTH ROAD / Total Area=2.4087 Ac. ,' ' % '.,. . ' . ~ , -" ' '---~'"-- ' ........ N 226.46' ~ ....... -, RICHMOND CREEK DEC I 9 :~gi ,/ Young & Young, Land Surveyors or formerl~ Rev. John Agrla 189.06' / SITE DATA: 1. TOTAL AREA -- 4.9.54-94- ACRES 2- TOTAL NO. OF LOTS = 4- 3. ZONING USE DISTRICT: R-BO NOTES: 1. · = MONUMENT FOUND, ~ -- PIPE FOUND 2. MONITOR WELLS NOT SHOWN HEREON, 3, -0- = UTIUT'E POLE "IHEREBY CERTIFY THAT ALL LOTS SHOWN ON THiS pLAT COMPLY WITH THE BUILDING ZONE ORDNANCE OF TEll TOWN OE SOU~HOLD, KENNETH F. ABRUZZO, LB. N,Y.S. UC. NO. 4999E "I HEREBY CER]IFY ~AT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED DECEMBER 15, 1997 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIg DETAILS ARE CORRECT." KENNETH F. ABRUZZO, ES. N,YB. LIC. NO 4.9999 THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD. DA~E OF APPROVAL CHAIRMAN (TOWNOF SOUTHOLD PLANNING BOARD) THE APPROVAL OF THIS MAP DOES NOT CON~JTE THE ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS· A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN PILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER__.CP__ SUBDIVISION SKETCH PLAN PREPARED FOR: PECONIC LANDTRUST, INC. At: PECONIC Town of: SOUTHOLD Suffolk County, New York Buff. 86. Tax Map: ~1ooo ~ 86 ~ 1 DEC. 15, 1997 :0C% 31, 1997 DATE :0C% 22.1997 SCALE :1"=100' JOB NO, :g6 -- 0883 SHEET NO.:I OF 1 MAP NO. 64.H (960883SP.DWG} LOCATION MAP SCALE 1"=500' J J Lot 3 J~' UpIond Areo=2.1826 Ac. Wetlond ^reo=0.2261 Totol Area=2.4087 Ac, Lot 2 ¢ \ Upldnd Areo=2.2898 Ac. Wetlond ^reo=0.3331 lotol ^reo=2.622~ S34"55'31 "E 55.35'% ~¢~ ~ ~ Lot 1 Upland Area=2,0233 Ac. Wetland Area=O,8695 Total Area=2,8926 Ac. \ / i N 226.46' ~'i R cHMOND CREEK APR 2 4 199 Southold Town Planning Board TEST HOLE 100' G.W. ROAD TYPICAL PLOT PLAN ENGINEERS CERTIFICATION: THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH 1HE STANDARDS AND REQUIRE- MENTS OF I~E SUFFOLK COUNFY DEPARTMENT OF HEALTH AT THE TIME OF CONSTRUCTION, THOMAS C. WOLPERT, P,E N.Y.S. LIC. NO. 61485 Young & Young, Land Surveyors 400 Ostra~de~ Avenue, Riverke~d, Ne~ York 11901 5~6-727-2303 SUFFOLK COUNTY DEPARTMENT OF HAUPPAUGE, N.Y. DATE HEALTH SERVICES THiS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT FOR IN WITH A TOTAL OF LOTS WAS APPROVED ON THE ABOVE DATE. WATER 9UPPUES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE ~IME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS, THIS APPROVAL SHALL BE VALID ONLY IF THE REALIW SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WI~rlIN ONE YEAR DF THIS DA~. CONSENT IS HEREBY GIVEN FOR THE FILING OF Prll$ MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WiTH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. JOSEPH H. BALER, P.E. DIRECTOR, DIVISION Of ENVIRONMENTAL QUAUTY SITE DATA: 1 TOTAL AREA = 7.9242 ACRES 2. TOTAL NO. OF LOTS -- 5 ~. ZONIND USE DISTRICT; R-80 NOTES: 1, · = MONUMENT FOUND, ~ = PIPE FOUND, ~.- STAKE FOUND. 2. RE: LOT 2, MINOR SUBDIVISION FOR RICHMOND CREEK FARMS PLANNING BOARD CERTIFICATION: THIS IS TO CER~FY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD, DATE OF APPROVAL CHAIRMAN (TOWN OF SOUTHOLD PLANNING BOARD) THE APPROVAL OF THIS MAP DOES NOT CONS~JTE THE ACCEPTANCE OF HIBHWAYS SHOWN THEREON AS PUBLIC ROADS, A DECLARA~ON OF COVENANTS AND RESTRICTIONS HAS BEEN PILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER_ CP SURVEYORS CERTIFICATION: "I HEREBY CERIqFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED DECEMBER 15, 1997 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS' · ACTUALLY EXIST AND THEIR POSI~ONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODE]]C DETAILS ARE CORRECT," "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THtS PLAT COMPLY WITH THE BUILDING ZONE ORDNANCE OF THE TOWN OF SOUTHOLB. KENNETH F. ABRUZZO, L,S. N Y,S LIC, NO 49999 SUBDIVISION PLAT RICHMOND CREEK At: PECONIC Suffolk County, New Suff, Co. Tax Map: FARMS, SECTION 2 Town of: SOUTHOLD York 1000 86 1 9 DATE :APR 22, 1998 SCALE .1 "=100' JOB NO. '96 - 0885 SHEET NO. :1 OF 1 MAP NO. 64H (960BSSSD.DWD) LOCATION MAP SCALE 1"=600' oo.~. ~ ~o°0\° ~4'55'31 "E 'o© f J J J Lot 3 Upland Area=2.1826 Aq. Wetfdnd Area=0.2261 Ac. Total Area=2.4087 Ac. 159. 79 N 24'38'49., W /' Lot '2.. Upland Area-2.2898 Ac. Wetland Area~-g.~5-5~ Ac, Total Area=2.6229 Ac. ..... "" 226.46' N 32'49'20" W -- Lot 1 Upland Area~2.0253 Ac. Wetland Area¼0.869~ Ac:/ Total Area~2.8926 AC. -- ~E LINE ALONG APPROXIMATE H.W.M- RICHMOND CREEK Board Young & Young, Land Surveyors SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVfCEs HAUPPAUGE, N.Y. DATE F~. THE CLERK IN ACCORDANCE ~MTH PRO~ISIOflS OF THE PUBLIC HEN_TH LAW AND mE SU~O~ COUN~ SANITARY ~D~ HEALTH DEPARTMENT COVENANTS: LIB£R 11942 ~~~TI3R JOSEPH N. BAIER~ P.E- · DI~ISION OF EN~4RONMENTAL QtJAU~ CP 625 DATE FEB. I~ 1999 PLANNING BOARD CERTIFICATION: THIS IS TO CER~FY THAT THIS SUBDIVISION PLAN H~ BEEN APPROVED ~E APPROVAL OF THIS MAP DOES NOT CONS~J~ THE ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. A DECLARA~ON OF COVENANTS AND REBI~ICTIONS HAS RFFN FILED ROAD TYPICAL PLOT PLAN SURVEYORS CERTIFICATION: " I HERE~y CER~FY THAT THIS MAP WAS MADE BY ACTUAL SUR~YS COMPLE3ED DECEMBER 15. 1997 AND THAT ALL CONCREIE MONUMEN~ SHOWN 3~IUS: · ACTUALLY EXIST AND 3HEIR POSI~ONS ARE CORREC~_Y SHOWN AND ALL DIMENSIONAL AND GEODE-BC DETAILS ARE CORRECT." R, LS, N,Y.S. UC. ~0. 49517 OWNER: PECONICLAND ~EUST 296 HAMPTON ROAD SOdTHAMPTON. N.~ 11968 ENGINEERS CERTIFICA~ON: THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY ~TH THE STANDARDS AND REQUIRE- MENTS OF 3}4E SUFFOLK COUNTY DEPARTMENT OF HEALTH AT THE TIME OF CONS~UCTION. THOMAS C. WOLPERT, P.E. N;Y.S. LrC. NO. 61485 SI3E DATA: 1. TOTAL AREA = 7.9242 ACRES 2. TOTAL NO. OF LOTS ~ 5 ~. ZONING USE DISTRICT: R-BO NOTES: 1. · ---- MONUMENT FOUND, ~,~- STAKE FOUND. 2~ RE: LOT 2, MINOR SUBDIVISION FOR RICHMOND CREEK FARMS, MAR. 11 JULY 21 DATE: REVISIONS: SUBDIVISION PLAT RICHMOND CREEK FARMS, SECTION At: PECONIC Town Suffolk Cmmty, New york Surf. Co. Tax Map: 1000 86 of: SOUTHOLD lo0 MAPNO. 6444 (960883SO.DWG) L