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HomeMy WebLinkAbout1000-97.-7-26.1LOCATION MAP TABULAT/EN OF IREA$ LOT AREI iN NO. SQFT I 40079 2 47574 g 40017 4 40040 5 dO040 6 40040 7 40040 8 40040 9 40002 I0 40020 II 40~20 DATE APPROV£D.~~ VIR ~NT CONTR ,r' 0 1973 JAMES F REEVE TOTAL AREA = 13 623 ACRES OWNER MARGARET W TOOKER ~ D.B A PJ VENTURES 108 EAST MAIN STREET RIVERHEAD, N × 11901 for sOO Tuth I N.75°56 6 O0 TYPICAL SEWAGE DISPOSAL SYSTEM TYPICAL PLOT PLAN 5~COUNTY DEPARTMENT of HEALTH ,, THIS/$ TO ¢£RT//:'Y THAT T D AffRAN~-E'ME'NTE FO.IC ~ SUPPfiY&~ a¢~CE OIS~SAL FOE LI PROPE IdA P OF EAST CUTCHOGUE TOWN OF SOUTHOLD SUFF CO, X K SCALE. I'= I00' I00 $0 0 IOO 200 TYPICAL ~ELL DETAIL _ 0.0 TOP SOIL & LOAM SAND TEST HOLES [iverhead, New i 5 1973 ~ ~r~ DiviMon of Environment[ tlea[th Southold Town Planning Board L23- November 15, 1973 On motion of Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED, after consultation with the Town Attorney, since there is adequate land available, the Southold Town Planning Board sha~ll require that applicant comply with zoning regulations and file for a minor subdivision of four lots comprising 40,000 sq. ft. each, or more. Vote of the Board: Ayes:- Messrs: Raynor, Coyle, Moisa, Grebe. On motion by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that a copy of Mr. Raymond Dean's letter with regard to Preliminary Map Section II of Soundcrest Woods, dated July 11, 1973, be sent to Mr. Robert Schroeder, owner. The letter from the Superintendent of Highways reads as follows: "I have inspected the Preliminary Map Section Two of Soundcrest Woods dated July 11, 1973 and disapprove as there has been no provision for drainage. A Profile was not received with the Preliminary Map." Vote of the Board: Ayes:- Messrs: Moisa, RaynQr, Coyle, Grebe. On motion by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board grant final approval to Little Neck Properties, owned by P. J. Ventures, consisting of a parcel of land situated at East Cutchogue, in the Town of Southold, County of Suffolk, and State of New York. Vote of the Board: Ayes:- Messrs: Moisa, Raynor, Coyle, Grebe. SUFFOLK COUNTY CLERK'S OFFICE ~-tov~-b~' 30, 197~ ,~mti~old Planning :~o~rd So~thold ~o~l'c, of Asses'Jol':; ~,mr~ret ¥I. Tooker To Whom This May Concern: The Subdivision Map of: Was Filed, Filed Number, Abstract Number, Township, Book, 1~ Page, 2J L***L~ .hCa PLOPkf'il~S 7502 Very~. tr uL~, County CLerk Map Dej~artment Form No. 49 APPROVAL OF SUBDIVISION OF L~ND 1. Name of Owner (s) ~%~% t k~e~-7~ + ~t%~c%~ 2. Name of Subdivider Address 3. Tentative Name of Subdivision Final Name of Subdivision L~%~c ~e~ ~e~%~C~ Location ~ ~ c~oc%~ % N~ber of Acres ~5 /&,$J Number of Plots 4. Pre-Application Meeting 7. 8. 9. 10. 11. Informal Discussion and Sketch Plan Review Subdivision Classified - Major '~ Minor -- Sketch Plan - Approved ~ Disapproved ~ Preliminary Plat Application and 12 copies of plat received from Town Clerk - Base Fee $ I~),O~ Date of Official Submission to Planning Board Lapse Date of Preliminary Hearing - 45 days Preliminary Hearing Advertised Preliminary Public Hearing held Report of Superintendent of Highways'7 ~- Report of Town Board Highway Commltte~s~,~,,~ ~1,~1~ Date of Submission to County Planning Commission Date Action of Planning Board on Preliminary Plat sent to Applicant - Approved ~,/ Disapproved __ ~,5 2~ /??,~ 45 days after date of hearing Final Plat from date of preliminary approve Lapse date for final plat application (6 months/ Application received from Town Clerk Date of official Submission to Planning Board Plat endorsed with Health Department approval -~,/¥ ~ /~?~ Plat endd~sed with approval of required agencies ~,~ '~' ~¥ , Final Hearing Advertised Final Hearing Waived Final Hearing Held Action of Planning Board on F~nal Plat sent to Applicant - Approved ~ Disapproved - 45 days after hearing or receipt of final plat Performance Bond Araount of bond set by Planning Board Bond in amount of $ received Bond accepted by Town Board Final Plat signed Lapse date for filing with County Clerk - 30 days Notice Received from County Clerk of Filing Letter from Superintendent of Highways - all improvements under Performance Bond completed Bond recommended to be released by Planning Board Bond released4 by Town Board $ or 2, or any portion thereof: (A) PJ Ventures shall at its own cost and expense establish a Not-For-Profit corporation for the benefit of owners of Lots 1 through 11 in Parcel number 1. (B) Each said lot owner or succeeding owner, shall automatically become a member of said Homeowner's Association. (C) Said lot shall bear one-eleventh of the expenses of the Homeowner's Association activities, after its formation by PJ Ventures. These expenses shall include maintenance charges and any and all real property taxes levied after the date hereof on Parcel number 2. (D) Title to Parcel number 2 shall be conveyed to the Homeowner's Association promptly after the creation of said Association. (E) Each said Lot owner shall have an equal vote in the affairs of the Homeowner's Association and shall have an equal right to the use and enjoyment of the Commons Area. (F) Once the Homeowner's Association has been formally established, all responsibility for the operation and the maintenance of the Commons Area and facilities thereon shall lie with the Homeowner's Association. (G) Conveyances from PJ Ventures to owners of Lots within Parcel number 1 shall include a grant of an easement of enjoyment over the premises herein- above described as Parcel number 2, such easement to -7- 22. (M) The By-Laws of the Homeowner's Association shall be approved by the Town Board of the Town of Southold before adoption by the Homeowner's Associa- tion. (N) PJ Ventures shall assume responsibility for all taxes and improvements to Parcel number 2 until such time as six (6) lots within Parcel number 1 have been conveyed to persons other than the principals constituting the co-partnership known as PJ Ventures. (O) Anything herein contained to the contrary notwithstanding the provisions of the Article 20 shall continue in perpetuity for the benefit of the owners of lots within Parcel number 1. Anything herein contained to the contrary notwith- standing, it is expressly declared and agreed that the Covenants and Restrictions herein shall not apply to or prohibit erection and maintenance of a sales office in any residence on said land by PJ Ventures or by any builder of a structure on the hereinabove described premises. Anything herein contained to the contrary notwith- standing, PJ Ventures shall be permitted to erect signs on the subject premises of any size to aid in the development and sale of building plots and dwellings -9- or 2, or any portion thereof: (A) PJ Ventures shall at its own cost and expense establish a Not-For-Profit corporation for the benefit of owners of Lots 1 through 11 in Parcel number 1. (B) Each said lot owner or succeeding owner, shall automatically become a member of said Homeowner's Association. (C) Said lot shall bear one-eleventh of the expenses of the Homeowner's Association activities, after its formation by PJ Ventures. These expenses shall include~any and all real property taxes levied after the date hereof on Parcel number 2. (D) Title to Parcel number 2 shall be conveyed to the Homeowner's Association promptly after the creation of said Association. (E) Each said Lot owner shall have an equal vote in the affairs of the Homeowner's Association and shall have an equal right to the use and enjoyment of the Commons Area. (F) Once the Homeowner's Association has been formally established, all responsibility for the operation and the maintenance of the Commons Area and facilities thereon shall lie with the Homeowner's Association. (G) Conveyances from PJ Ventures to owners of Lots within Parcel number 1 shall include a grant of an easement of enjoyment over the premises herein- above described as Parcel number 2, such easement to -7- 21. 22. (M) The By-Laws of the Homeowner's Association shall be approved by the Town Board of the Town of Southold before adoption by the Homeowner's Association. (N) PJ Ventures shall assume responsibility for all taxes and improvements to Parcel number 2 until such time as six (6) lots within Parcel number 1 have been conveyed to persons other than the principals constituting the co-partnership known as PJ Ventures. Anything herein contained to the contrary notwith- standi~i~ expressly declare~the~ C°vena~~ shall not apply to or prohi~zt~~ntenance of a sales office ~t~gf]e~%ribed premises. (0) Anything herein contained to the contrary notwithstanding the provisions of this Article 20 shall continue in perpetuity for the benefit of the owners of lots within Parcel number 1. Anything herein contained to the contrary notwith- standing, it is expressly declared and agreed that the Covenants and Restrictions herein shall not apply to or prohibit erection and maintenance of a sales office in any residence on said land by PJ Ventures or by any builder of a structure on the hereinabove described premises. Anything herein contained to the contrary notwith- standing, PJ Ventures shall be permitted to erect signs on the subject premises of any size to aid in the development and sale of building plots and dwellings -9- TOWN BOARD : TOWN OF SOUTHOLD In the Matter of the Application of : JAMES F. REEVE & MARGARET W. TOOKER : to the Town Board of the Town of : Southold : DISCLOSURE AFFIDAVIT STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) JAMES F. REEVE and MARGARET W. TOOKER, being duly sworn depose and say: That they are the owners of a certain parcel of approximately 13.6 acres of vacant land situate in East Cutchogue, Town of Southold, County of Suffolk and State of New York. That your deponent, JAMES F. REEVE, resides at (no number) Sunset Lane, Mattituck, New York, and that your deponent MARGARET W. TOOKER, resides at 3 Waterview Court, Riverhead, New York. That E. Wilson Tuthil~ residing at (no number) Eugenes Road, Cutchogue, New York, is the holder of a mortgage on the subject premises with a principal outstanding balance of ~ $45,000.00. That your deponents and E. Wilson Tuthill are the only persons with an interest in this petition. That neither your deponents nor E. Wilson Tuthill are officers or employees of the Town of Southold nor are your deponents nor E. Wilson Tuthill related to any officer or employee of the Town of Southold. That your deponent, MARGARET W. TOOKER, is a member of the Suffolk County Board of Ethics (an uncompensated position That Cheryl C. Reeve, wife of your deponent, JAMES F. REEVE, is employed by the County of Suffolk as Chief of Recruitment and Training of the Suffolk County Civil Service Department, and she has no financial interest in subject premises That to your deponents' best knowledge no state officer and no elected or appointed official or employee of the State of New York or the County of Suffolk or the Town of Southold has an interest, either direct or indirect other than as indicated herein, in the property which is the subject matter of this application. (~m~s F. Reeve) (Margaret W. Tooker) Sworn to before me this 27th day of August, 1973. BARiARA C./BBON~ ~IOTAR¥ PUBLIC, St,to of New York No. $2.196t010 ~u~Jified in Suffolk Courtly/ ~mrni~,-~on Ex~olre$ ~arch 3~ ~ -2- L1Fi'LI7 ~,.,.K PROPLRTI[iq SUBDIVISION REVIEW C{JTCHO~UE, NEW YORK PREPARED ~:(3~: MR, JOILX WICKIU~M, ('IkMRHAN SOUT[K)LD TOh'N PLANNING, BOARD SOll3iN)LI), NEW YORK 11971 Clt^RLES R. BAP, NETT D ISTP. iCT CONSI:RV^T ION I S?' IISDA, SOIL CONSERVgTION SEPVIC.~ 127 EAST ~AtN S~E?T SUFFOLK COUNTY S(~IL AND ?lATER CONSFRVATION DISTRICT 127 EAS? MSIN STR~:[TI', P, 1VFRHEAD, NEb' YORK 11901 'I'ELEPIIONi:: S16-727-23!$ UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSerVATION SERVICE SUBJECT: TO: Assisting: The Suffolk County Soil and Water Conservation District 127 East Main Street, Room 101, Riverhead, New York 11901 LITTLE NECK PROPERTIES SUBDIVISION, Cutchogue, OATE:November 27, 1973 New York Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 This review is provided at the request of the Suffolk County Soil and Water Conservation District and is based on information forwarded to the District by the Town of Southold Planning Board from field visits evaluations of the property in question. The review is based primarily on a map of Little Neck Properties dated July 23, 1973 bearing the seal of Alden W. Young, P.E. The soils on this property are primarily Riverhead sandy loam soils, deep well drained with a few inches of medium textured top soil overlying deep beds of coarse well drained sands. There is a smaller area of Haven loam soil, which area comprises the small watershed basin sloping towards Deer Foot Path. Riverhead soils have only slight limitations for suburban residen- tial developmental use. However the natural fine textured top soil is comp- aratively thin, and new seedings on disturbed areas may be difficult to estab- lish without irrigation. The Haven loam soil has 12 to 24 inches of medium to fine textured silt loam top soil and provides an excellent soil for growing new seedings and lawns in a subdivision area. Parts of lots 1 and 2 are relatively shallow to the water table. We believe that during storm tide periods there can be inundation of Eugenes Road run- ning in front of these lots. We recommend that houses located on these two lots, if they are to have basements, be so constructed that the basement floor level is at least as high in elevation as the center of Eugenes Road opposite the lot. Storm water runoff from residential lots under development can likely increase five fold from what would normally runoff from the land under the present cover. We have attempted to devise ways to reduce the impact of this storm runoff dur- ing the development of this subdivision. We recommend that not more than one home site be landscaped and graded at the same time in certain areas of this subdivision. Only one of lots 6 through 11 should be developed at one time and only one of lots 5, 4, and S should be developed at one time. We see no objec- tion to developing one lot from each group simultaneously. The object would be to avoid having more than one lot in each watershed with little or no vege- tation, sloping toward the public highway, so that erosion and runoff water would be carried to the highway in large quantities. We also recommend that Mr. John ~ickham, Chairman - Southold Town Planning Board - Little Neck (2) Properties Subdivision, November 27, 1973 the developer make every attempt to accomplish seeding by October 15th, or if such is not possible that a permanent mulch be applied to the raw soil sur- faces for over winter protection. We recommend that the developer make temporary seedings of not less than 20 pounds per acre of domestic Rye grass on disturbed areas that will be left in unvegetated conditions for more than four weeks during the normal growing sea- son. Homes in this subdivision that do not discharge gutter and downspout water to dry wells will most likely contribute to road ditch runoff problems in the area. Therefore we suggest that an effort be made to have roof drains lead to adequate dry wells. Our calculations of runoff amounts show that it will not be practical to con- struct retaining dikes around yards under development so as to prevent storm water runoff from reaching public roads. If storm runoff from lots under development or after development presents a problem we suggest that leaching catch basins might be installed in the area of intersection of Little Neck Ro- ad and Eugenes Road and in the area of Moose Trail and Deer Foot Path inter- section. Charles Barnett District Conservationist CERTIFICATE OF TITLE EQUITY ABSTRACT INC., hereby certifies to the County of Suffolk that it has examined title to the premises described herein as shown on a certain map entitled: "Map of Little Neck Properties situated at East Cutchogue in the Tow// of Southold, CountI f Suffolk and State of New York, survey by Young and Young, July 16, 1973, and finds title thereto vested in P.J. Ventures, a co-partnership of James F. Reeve and ~L~rgaret W. Tooker, subject to mortgages and easements, if any as set forth herein. The liability of this Company under this certificate is limited to such interest in fee or easement as may be acquired by the County of Suffolk and in no event is said liability to exceed the sum of One Thousand ($1,000.00) Dollars. DATED: July ~O~ 1~73 EQUITY ABSTRACT INC. Harold Bronfeld Manager DESCRIPTION AT.T. that certain plot, piece or parcel of land, situate, lying and being at East Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGIATNING at a point on the Southerly side of Eugene's Road distant 160 feet westerly from the corner formed by the intersection of the southerly side of Eugene's Road with the westerly side of Little Neck Road; running thence South 14 degrees 23 minutes 37 seconds East 356.55 feet; running thence North 75 degrees 36 minutes 03 seconds East 160 feet to the westerly side of Little Neck Road; running thence along the westerly side of Little Neck Road, South 14 degrees 06 minutes 37 seconds East 1135.64 feet to the northerly side of Moose Trail as shown on Map of Moose Cove filed in the Suffolk County Clerk's Office on August 30, 1960 as Map NO. 3230; ru2uuing thence along the northerly side of said Moose Trail South 76 degrees 05 minutes 13 seconds West 435.37 feet to the Easterly side of Lot No. 9 on said Map No. 3230; running thence along the easterly side of Lots 9- 8-7 area reserved for road, lots 6-5-4-3-2- and 1 all as shova~ on said map No. 3230, the following three courses and distances: (1) North 14 degrees 23 minutes 17 seconds West 907.54 feet; (2) North 12 degrees 02 minutes 37 seconds West 469.06 feet; (3) North 41 degrees 58 minutes 57 seconds West 126.25 feet to the southerly side of Eugene's Road; running thence along the southerly side of Eugene's Road North 75 degrees 32 minutes 03 seconds East 320.14 feet to the point or place of BEGINNING. T~CERT~I~TI~ EQUITY kBSTP~CT INC. hereby certifies to the County Clerk of the County of Suffo~ that it has examined the records in the Suffo~ County Treasurers Office from 1950 dow~ to and including 1972/73 and finds there are no un- paid tax liens nor unredeemed tax sales for the premises covered by the within described "~p of Little Neck Properties". The 1972/73 Town and School Taxes in the amount of $504.42 have been paid in full under Item $ 5456 and a copy of the paid receipt is attached. EQUITY ABSTRACT INC. Harold Bronfeld Manager BOARD Fir AsSessflrS SEIIITHi-ILD, N. Y. ~lcJ?l August 27, 1973 To w~hom It May Concern: This is to verify that the 1972-73 taxes have been paid in the full amount of $504.42 on property New York, Item % assessed to P.J. Ventures, Cutchoque, 5456. Respectfully submitted ~udy King, Clerk Board Of Assessors In the Matter of : Widening a certain town highway known : as "Little Neck Road" in the Town of Southold, County of Suffolk and State : of New York. : DEDICATION AND RELEASE OF LANDS FOR TOWN HIGHWAY WHEREAS, application has been duly made to the Town Superintendent of Highways of the Town of Southold, %n Suffolk County, New York, for the widening of a certain town highway known as Little Neck Road an additional 8.5 feet westerly over lands of James F. Reeve and Margaret W. Tooker as hereinbelow described. NOW, THEREFORE, the said James F. Reeve, residing at Sunset Lane, Mattituck, New York, and the said Margaret W. Tooker, residing at 3 Waterview Court, Riverhead, New York, owners of lands to be included within the said widening of Little Neck Road, do hereby dedicate, release and convey to the Town of Southold, for highway purposes, the following lands, to wit: ALL that certain plot, piece or parcel of land, situate, lying and being at East Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: COMMENCING at a monument located at the intersection of the westerly line of Little Neck Road with the northerly line of Moose Trail and from said point or place of beginning running thenc South 76° 05' 13" West a distance of 8.5 feet to a point; thence North 14° 06' 37" West along a line parallel to the westerly line of Little Neck Road and distant therefrom 8.5 feet throughout a distance of 1,135.64 feet to land of E. Wilson Tuthill and a point thence North 75° 36' 03" East a distance of 8.5 feet to the westerly line of Little Neck Road and a monument; thence South 14° 06' 37" East along the westerly line of Little Neck Road a distance of 1,135.64 feet to the monument set at the point or plac of BEGINNING. The lands hereby dedicated, released and conveyed are specifically shown and delineated upon the certain map which is annexed hereto and made a part hereof. IN WITNESS WHEREOF, we have caused these presents to be executed and sealed this 28th day of August, 1973. (3~e~ F. Reeve)~ - / (Margaret W. Tooker) (L.s.) (L.s.) Sworn to before me this 28th day of August, 1973. NOTARY PUILIC, Stere of New YIF~ No. 52-1961010 ~uilifled ~n Suffolk ~eun~ ~mmli~ion ~iree Merch 30, Jg~l -2- 036'05 '£ \ ~.T~ ' · O0 '~ ' Z86.0~ £8~ TEST AR£A FESER~'FD FOR POSSIBLE DEDIC~ TION TO T~WN OP $OUTHOLD FQR ROAD WIDENINg. /~E'SE~ED FOR POSSIBLE DEDICATION ~'0 TOVIIV OF SOUTHOLD FOB ~OAD WIDENING. 8 In the Matter of : Widening a certain town highway known : as "Little Neck Road" in the Town of : Southold, County of Suffolk and State of New York : APPLICATION TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK: We, the undersigned, owners of real estate in the Town of Southold, liable to be assessed for highway taxes therein, hereby apply to you to widen a certain town highway known as "Little Neck Road" in said Town, as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at East Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: COMMENCING at a monument located at the intersection of the westerly line of Little Neck Road with the northerly line of Moose Trail and from said point or place of beginning mnning thep~ South 76° 05' 13" West a distance of 8.5 feet to a point; thence North 14° 06' 37" West along a line parallel to the westerly line of Little Neck Road and distant therefrom 8.5 feet throughout a distance of 1,135.64 feet to land of E. Wilson ~hthill and a point; thence North 75° 36' 03" East a distance of 8.5 feet to the westerly line of Little Neck Road and a monument; thence South 14° 06' 37" East along the westerly line of Little Neck Road a distance of 1,135.64 feet to the monument set at the point or place of BEGINNING. which above described property will pass through the lands of James F. Reeve and Margaret W. Tooker. Annexed hereto and made a part hereof is a certain map showing the course of the said proposed highway. Dated: August 28, 1973. (J~'~ ~. Reeve) (Margaret W. Tooker) -red roO~__ N.?'5°56'05''£' .00 8.50 .~,~ 3 4 o TEST · AREA RESERVED FOR POSSIBLE' DEDICA T/ON TO TOWN OF SOUTHOLD FOR ROAD WIDClVI/VG. RCSERVED FOR POSSIBLE DEDICATION l-O TOWN OF SOUTHOLD F'OR t?OAD WIDE/VI/VG, MArcia Z. HEFTER CHARLES ~. CUDDY ANTHONY ~3. TOHIlL TOOKER, TOOKER & ESSEKS COUNSEt-OF~S at LAW IO8 EAST MAIN STREET P 0 Box RiVERHEAD, N Y. 1190t January 14, 1974 Mrs. Muriel Brush, Secretary Southold Town Planning Board Southold, L.I., New York 11971 Dear Mrs. Brush: In response to your letter of January 9, 1974, we had delivered to Mrs. McDermott several copies of the Map of Little Neck Properties at the time the map was filed by the Planning Board. In order to assist you, we have enclosed herewith four additional copies of said map. If you require any further information to complete your file, please let us know. Very/~ruly yo~_r s, Legal Assista[~t BCB/dm gncs. (4) .~ ,t,~ar7 9, 1974 Robert L. ?o~!cer~ ~lsq. Tooke~'~ 'ooker % Esseks, Ergs. 108 ~a t q~in Street Riverhezd~ New York 11901 Dear ~4r. Tooker: Re: Little Neck Properties In checking over your file, I find a letter from '&s. Nk:Deri,ott to you under date of P~vember 28~ 1973~ requesting that you send us three or four paper prints of map re the above captioned matter. We have not ~eceived these maps as of this date and I would appreciate it if you co~!d get them to us at your earliest convenience so I may complete this file. Yours tru!y~ ~rlel Brush, Secretary Southold Town Planning Board OF'FI P-REENPORT, L. I,, N. Y. TELEPHONE August 20, 1973 Southold Town Planning Board Southold New York 11971 Att: mr. John Wickham, Chairman Dear Mr. Wickham; At the Town Board meeting, August 16, 1973, the members of the Sou/hold Town Board studied the sketch plan of cluster development for East Cutchogue~ Little ~eck Properties. After the members had had an opportunity to study the plans they felt that they liked the concept of this plan for Little Neck Properties, East Cutchogue. Very Truly Yours, Albert M, Martocchia Supervisor New York State Department of Environmental Conservation Building 40 State University of New York Stony Brook, New York 11790 November 14, 1973 Mr. Robert L. Tooker, Esq. Tooker, Tooker, and Esseks 108 East Main Street Riverhead, New York 11901 Dear Si r Re: Little Neck Property, East Cutcho~ue, New York Reference is made to your request for information regarding require- ments of the New York State Department of Environmental Conservation with respect to the construction of homes on the above subdivision. An inspection of U. S. Coast and Geodetic Chart No. 363 reveals that all proposed lots are more than 300 feet from any tidal wetland. Therefore, in accordance with 6 NYCRR, Part 660.1(i)(4), no permit will be required from the Department of Environmental Conservation for the construction of these homes pursuant to Environmental Conser- vation Law, Article 25. Sincerely yours Gordon C. Colvin Alternate Local Permit Agent GCC:pri New York Slate Department of Environmental Conservation Building 40 State University of New York Stony Brook, New York 11790 November 14, 1973 Mr. Robert L. Tooker, Esq. Tooker, Tooker, and Esseks 108 East Main Street Riverhead, New York 11901 Dear Sir Re: Little Neck Property, East Cutcho~ue, New York Reference is made to your request for information regarding require- ments of the New York State Department of Environmental Conservation with respect to the construction of homes on the above subdivision. An inspection of U. S. Coast and Geodetic Chart No. 363 reveals that all proposed lots are more than 300 feet from any tidal wetland. Therefore, in accordance with 6 NYCRR, Part 660.1(i)(4), no permit will be required from the Department of Environmental Conservation for the construction of these homes pursuant to Environmental Conser- vation Law, Article 25. Sincerely yours Gordon C. Colvin Alternate Local Permit Agent GCC:pri November 28, 1973 Mr. Robert L. Tooker Tooker, Tooker & Esseks 108 East Main Street Riverhead, N. Y. 11901 Dear Mr. Tooker: ~e are sending you herewith signed maps of Little Neck Properties. We would appreciate it if you would send us three or four paper prints for our files. We are also sending a copy of Subdivision Review prepared by Charles R. Barnett, District Conservationist. Yours very truly, Marjorie McDermott Secretary Also enclosing original Covenants and Restrictions. NOTICE OF HEARINGS that I~t to ~ 276 of the 7'300' · ' id ~ ;.~titled '~Little 'Neck Pro~l~'__ ',. c?ns~ting of a ~d sit~. ~ ~ ~Y~ _~ ~~d ~ ~ ~d p~ce a~ve s~ifi~f ~ ~O~~A~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: Stuart C. Dorman ...................................... being duly Sworn, s~/s that ...h.e... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper publ/shed ~rt Greenport, in said county: and that the notice, of which the annex~! is ti printed copy, has been published in the said Suffolk Weekly Times once in eoch week, tot one (1) weeks successively commencing on the .......................... Novembe~ ~ ,a 73 day of ......... ~. ~ .~-...~ ....... ~ .... ~.....~/..~~ .~ :.~ .~..-.~ .~.~. ..... 8th Sworn to before~me this ........... NOTICE OF HEARINGS that ~ t~'~ill~'/~!of the ~ ~ ~ ~ov~, ~, ~t 7~ ~e ev~ of ~id ~ q~ ~ ~e ~V~ of ~e f0~ plat: ~ '~ ~.~ by P.J. P~rties", co~isting of a ~, in the Town of ~ty ~, ~d ~ Yo~. ~ ~to on ~ ~ m~e~ sho~d~p- ~ at ~ ~me ~d p~ce a~ve s~ ~t~: Nov~ 1 t~ ~O~ TO~ P~G B0~D JO~ ~M, CHAI~M~ COUNTY OF SUFFOLR. STATE OF NEW YORK. ~ ss: Stuart C. Dorman ...................................... being duly Sworn, he says that ....... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in eoch week, ~or one (1) weeks successively commencing on the 8th November ~ .... 1973 day of ............. ~'~ L: .... S~vorn to before me this ....8?? ..... Oay ,of November - fi9 73. · z',-,a/'/~ 'l,.~."~,~.~ ~...: ...... //~" · / COUNTY OF SUFFOLK / STATE OF NEW YORKt ss: NOTICE ,OF HEAItIHGS NOTICE 18 HBX~EBY GIVEN that pursuant ~ ~tion 2~6 of the ~ ~w, a public hearln~ w~ ~ held by ~e ~ut~ld ~ P~ ~ at the T~ ~i~, ~ ~, ~uth- rid, New Y~k, ~ ~d ~ on ~e 15th ~y of Novem~r, 19~3, ~ ~:~ o'c~k in the e~g of ~id d~, on ~e qu~ion of ~he ~ ap~val of the following p~t: Pl~ ~ ~o~r~y o~ed by P. J. V~ en~tl~ N~k ~es", ~ti~ of a ~ of; ~d ~tua~ at E~t Cu~e, ~ the ~ of ~u~ol~ ~unty of Suffolk, and S~ of New Yor~ ~ ~n d~g W be heard on ~e a~ve mater shoed ap- ~ ~ ~he time ~d place a~ve s~c~. ~: Nowm~r 1, 19~ BY O~ OP THE P~NINO BOARD JOHN ~CKH~, CHAIRMAN C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, o+ THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Troveler-/v~attituck Watch- man once each week for ....~i!,~;~.~...!.Z...~ week~ successively, commencing on the ................ .~ ................... of ........... :'..~..f.~.~.~....~..,..., ~.~... ~ day /~/',~/~-"'~/~ .................... ~.. ~:.~ .~.~..j .~..~.~..~t .~. ....... Sworn to before me this ........ ~ ........... day of ........... zf~.~. .......... , ~... NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board at the Town Office, Main Road, South- old, N~w York, in said Town on the 15th day of November, 1973, at 7:30 o'clock in the evening of said day. on the question of the final approval of the following plat: Plat of property owned by P. J. Ventures, entitled "Little Neck Properties", consisting of a parcel of land situated at East Cutchogue, in the Town of Southold, County of Suffolk, and State of New York. Any person desiring to be heard on the abeve matter should ap- pear at the time and place above specified. Dated: November 1, 1973 BY ORDER aP THE SOUTHOLD TOWN PLANNING BOARD ' JOHN WICKHAM, CHAIRMAN 1--11-9 COUNTY OF SUFFOLK STATE OF NEW YORK ~s: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- poper printed et Southold, in Suffolk County; and that the notice of which the cnnexed is a printed copy, hos been published in sold Long Islond Troveler-Mattituck Watch- man once each week for ..... ~:..~..~/;C..~./.:.~ week~ successively, commencingron the ............. ..~. .......... ~ .......... dayof ........... ..................... ............. Sworn to before me this ....... ~ ............ day of ............ ~..~..~..~...~ ....... , 19 October 31, 1973 Mr. Charles R. Barnett District Conservationist The Suffolk County Soil & ~ater CQnservation District 127 East Main Street Riverh~ad, ~ew York 11901 Dear ~r. Barnett: We are enclosing herewith a map of Little Neck Properties, Cutchogue. We feel that there are some unusual problems and we would like 'to ask you, if at all possible, to inspect this property and make recon~endations to us. Very sincerely, JW:mm John ~.~ickham, Chairman Enclosure TooKer, TOOKER & ESSEKS COUNSELORS AT LAW R~VERHEAD, N Y. 11901 PARK 7-3277 September 26, 1973 Mrs. Marge McDermitt Southold Town Planning Board Main Road Southold, New York 11971 Dear Mrs. McDermitt: Enclosed herewith please find photocopy of the description of the Little Neck property as insured by the Chicago Title Insurance Company. BCB/dm gnc. Very truly yours, ,~ ~ . / ~ , ...... Barbara C. Boner Legal Assistant RAYMOND C. DEAN Superintendent At,~st 20~ 1973 Tel. 765-3140 The PJanning Board Tovm 0¢ go~thold $outbo!d, New York Jl07! have Ymspccted the map t?.y-o,*t of I.ITTLF. NECK PRO* h-/ld~ng lots , + ~ . TOOKER, TOOKER & ESSEKS RIVERHEAD, N Y. ll901 August 15, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Dear John: Enclosed herewith please find a photocopy of the revised Covenants and Restrictions in regard to Little Neck properties subdivision located at East Cutchogue, New York. A copy of these Covenants and Restrictions have been forwarded to the Town Attorney for his final approval. Mr. Tasker has also advised us that he too feels that the 8 foot strip should be dedicated to the Town. We are in the process of preparing the necessary papers for the dedication. We will, of course, be in attendance at the Hearing on August 28, 1973. Sincerely yours, Robert L. Tooker RLT:dm Eric. LITTLE NECK PROPERTIES DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: That PJ Ventures, a co-partnership with an office located at 108 East Main Street, Riverhead, New York, consisting of James F. Reeve, residing at Sunset Lane (no number) Mattituck, New York, and Margaret W. Tooker, residing at 3 Waterview Court, Riverhead, l{ew York, being the record owners of all the real property hereinafter described and the subject of this declaration, and WILSON TUTHILL, residing at Eugene's Road (no number), Cutchogue, New York, being a mortgagee of said real property hereinafter described, do hereby declare for themselves their successors and assigns, in consideration of the premises , and hereby make known, publish and declare, covenant and agree that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants running with the land and binding upon all purchasers, owners, mortgagees, lienors and such other persons acquiring an interest therein or of any portion of said premises, and their respective heirs, executors, administrators, successors and assigns, which covenants and restrictions with the exception of the provisions of Article 20, shall be and remain in full force and effect from the date of the recording of the within instrument until the first day of January, 1993, when they shall cease and terminate. The provision of Article 20 herein shall be and remain in full force and effect in perpetuity. Real Property Affected Ail that certain plot, piece or parcel of land, situate lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, known and designated as lots numbered 1 through 11 on a certain map entitled "Map of Little Neck Properties." Parcel 2 All that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Commencing at a point in the westerly line of Little Neck Road which said point is located North 14 degrees 06 minutes 37 seconds West a distance of 276 feet from the intersection of thc Westerly line of Little Neck Road and the northerly line of Moose Trail and from said point or place of beginning; running thence South 76 degrees 05 minutes 13 seconds West a distance of 436.70 feet to a point; thence North 14 degrees 23 minutes 17 seconds West a distance of 631.53 feet to a point; thence North 12 degrees 02 minutes 37 seconds West a distance of 294.65 feet to a point; thence South 75 degrees 36 minutes 23 seconds West a distance of 142.81 feet to a point; thence South 14 degrees 23 minutes 37 seconds East a distance of 70 feet to a point; thence South 14 degrees 06 minutes 37 seconds East a distance of 839.20 feet to a point; thence North 75 degrees 53 minutes 23 seconds East a distance of 286 feet to the Westerly line of Little Neck Road and a point; thence South 14 degrees 06 minutes 37 seconds East a distance of 19 feet to the point or place of beginning. Covenants and Restrictions 1. No structure shall be erected, altered, placed or permitted on the premises hereinabove described as Parcel 1 other than a single family, detached dwelling not to exceed two stories in height with a private garage for not more than three (3) automobiles. -2- The minimum ground floor area, exclusive of open porches and garages, shall be as follows: 1 story house - 1200 sq. ft. 1-1/2 story house - 900 sq. ft. on the first floor with an additional 400 sq. ft. floored and framed on the second floor. Second floor ceiling heights shall be a minimu~ of 7 feet, with a minimum kneewall height of 4 feet. 2 story house - 800 sq. ft. each floor, together with a minimum ground floor attached extension of 12 ft. x 20 ft. which may be used as a garage or as a covered porch. No structure shall be erected on a plot within Parcel 1 smaller than one subdivision lot as shown on said subdivision map of Little Neck Properties. No residence shall be permitted to be erected on any portion of the premises hereinabove described as Parcel 1 without prior approval of the plans and speci- fications by PJ Ventures. One signed and approved copy of the said plans and specifications shall remain in the possession of PJ Ventures and another signed and approved copy shall remain in the possession of the owner. No changes in the exterior of the dwelling shall be made without the approval of PJ Ventures. No residence shall be permitted to be erected on Parcel 1 without the prior approval by PJ Ventures of the plot plan showing the proposed location of the residence upon the building plot. No dwelling may be erected upon Parcel 1 having a front yard set -3- 10. 11. 12. 13. back of less than 60 feet or a minimum side yard set back of less than 20 feet. There shall be erected on Parcel 1 no garages or outbuildings detached from the main residence without the prior written approval by PJ Ventures. No fence, wall, hedge, partition or other barrier more than 3 feet in height of any kind shall be erected or maintained on any portion of Parcel 1 without the prior written approval of PJ Ventures. In no event, however, shall any fence other than a split rail fence be erected forward of the 60-foot building set back line hereinabove provided. The grounds of each residence must at all times be kept reasonably well maintained. The exterior of all residences must be 100% completed within eight months of the date of the issuance of ~ building permit by the Town of Southold. Debris must be removed from the premises prior to occupancy of the residence. Mo trailer, basement, tent, garage or other temporary structure erected or placed upon Parcel 1 shall at any time be used as a residence, temporarily or permanently. No signs other than the o~ner's name or professional occupation shall be erected on Parcel 1. Such signs shall not exceed six inches in height or twenty- four inches in width. No animals, other than the usual household pets, shall be kept on the property and such pets must be confined -4- 14. 15. o 17. 18. 19. to their owner's premises except, however, when being transported to and from the said premises. Uo coop, cage or other structure for housing animals shall be erected on Parcel 1 without prior written approval of PJ Ventures. I~o portion of the subject premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All such material shall be stored in a hidden, sanitary container and shall be removed regularly from the premises. No clothes poles, clothes lines, playground equipment or vegetable gardens shall be placed, erected or maintained on any portion of Parcel 1 except in such a position that it shall not be readily visible from the street. No residence shall be boarded up nor shall any windows or entrances be sealed for any extended period of time. No owner of a residence on Parcel 1 shall rent a portion or portions of the premises to boarders or transients. No trucks, cars, boats, mobile homes, campers o~ trailers shall be stored on the subject premises with the exception that no more than two regularly used automobiles may be parked in the driveway of each residence and that no more than one boat, not to exceed twenty feet in length, may be temporarily stored in the rear of each residence. Since there has been a history of increasing nitrates in water samples taken from the North Fork of Long -5- 20. Island, PJ Ventures has agreed with the Suffolk County Department of Health that a test well must be installed on each building lot designated herein prior to the start of any construction thereon. water sample from the well on a lot must meet the then applicable Suffolk County Department of ilealth drink- ing water standards before consideration will be given by the Suffolk County Department of Health of approval of the site for the construction of a house. A note to this effect is included on the map of Little Neck properties filed in the Office of the Clerk of the County of Suffolk. Parcel number 2, hereinabove described, shall in perpetuity constitute a "Commons Area" for benefit of persons owning subdivision lots within Parcel number 1. Parcel number 2 shall not be open or available to the public for general or park use but shall remain at all times in the exclusive possession and for the exclusive use and enjoyment of own~ers of residences constructed on Lots 1 through 11 of Parcel number 1. In order to insure PJ Ventures' intent and purpose to preserve Parcel number 2 as an open and scenic Commons Area for the benefit of persons owning building plots on the subdivision map described in Parcel number 1, the following protective covenants and restrictions shall run with the land and be binding upon all purchasers, owners, mortgagees, lienors and other persons acquiring an interest in Parcels number 1 forever and the -6- or 2, or any portion thereof: (A) PJ Ventures shall at its own cost and expense establish a Not-For-Profit corporation for the benefit of owners of Lots 1 through 11 in Parcel number 1. (B) Each said lot owner or succeeding owner, shall automatically become a member of said Homeowner's Association. (C) Said lot shall bear one-eleventh of the expenses of the Homeowner's Association activities, after its formation by PJ Ventures. These expenses shall include maintenance charges and any and all real property taxes levied after the date hereof on Parcel number 2. (D) Title to Parcel number 2 shall be conveyed to the Homeowner's Association promptly after the creation of said Association. (E) Each said Lot owner shall have an equal vote in the affairs of the Homeowner's Association and shall have an equal right to the use and enjoyment of the Commons Area. (F) Once the Homeowner's Association has been formally established, all responsibility for the operation and the maintenance of the Commons Area and facilities thereon shall lie with the Homeowner's Association. (G) Conveyances from PJ Ventures to owners of Lots within Parcel number 1 shall include a grant of an easement of enjoyment over the premises, herein- above described as Parcel number 2, such easement to -7- continue until such time as said Homeowner's Association is created. (H) The Homeowner's Association shall have the right to borrow money for improvements to Parcel number 2 and may encumber Parcel n~nber 2 as security for said improvements to said Connnons Area. (I) The Homeowner's Association shall have the right to suspend membership rights of any said lot owner for nonpayment of assessments, or for the infraction of any published rules of said Association. (J) No structures may be erected on said Commons Area except with the permission of the Planning Board of the Town of Southold. (K) Each deed of conveyance to a building lot within Parcel number 1 shall include by reference these covenants and restrictions. (L) The Homeowner's Association shall be perpetual, shall have the right to purchase insurance, shall pay taxes and shall provide in its Charter and/or By-Laws for an annual homeowner's fee and shall further provide that all such fees and assess- ments shall become liens until paid upon said Lots within Parcel number 1. The Homeowner's Association shall have the right to proceed with necessary legal action to foreclose and/or enforce said liens and it shall further have the right to commence action against any lot owner within Parcel number 1 for the collection of any unpaid assessment in any court of competent jurisdiction. -8- 22. (M) The By-Laws of the Homeowner's Association shall be approved by the Town Board of the Town of Southold before adoption by the Homeowner's Associa- (N) all taxes such time have been PJ Ventures shall assume responsibility for and improvements to Parcel number 2 until as six (6) lots within Parcel number 1 conveyed to persons other than the principals constituting the co-partnership known as PJ Ventures. (0) Anything herein contained to the contrary notwithstanding the provisions of the Article 20 shall continue in perpetuity for the benefit of the owners of lots within Parcel number 1. Anything herein contained to the contrary notwith- standing, it is expressly declared and agreed that the Covenants and Restrictions herein shall not apply to or prohibit erection and maintenance of a sales office in any residence on said land by PJ Ventures or by any builder of a structure on the hereinabove described premises. Anything herein contained to the contrary notwith- standing, PJ Ventures shall be permitted to erect signs on the subject premises of any size to aid in the development and sale of building plots and dwellings -9- 23. 24. 25. on the subject premises. If PJ Ventures or its successors or assigns shall violate or attempt to violate any of the Covenants and Restrictions enumerated herein, or shall fail to enforce said Covenants and Restrictions, it shall be lawful for any other person or persons owning any portion of the hereinabove described premises to prosecute at law or in equity the persons violating or attempting to violate any such Covenant and either prevent them from so doing or to recover damages for such violation. It is expressly understood and agreed that the fore- going Covenants and Restrictions are intended to cover the above described real property only and are not to be extended to any other property of PJ Ventures, James F. Reeve and Margaret W. Tooker, now owned or subsequently acquired, by implication or otherwise; and it is expressly understood that there is no obligation upon PJ Ventures, James F. Reeve or Margaret W. Tooker, or their heirs, executors, administrators, successors and assigns, to restrict in any manner any other real property which they may now own or which they may hereafter acquire. Invalidation of any one of these Covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. -10- set IN WITNESS WHEREOF, their hands and seals this day PJ VENTURES By: (Margaret W. the parties hereto have hereunto of ,19 Tooker) Co-Partner By: (James F. Reeve) Co-Partner (Wilson Tuthill) -11 - STATE OF NEW YORK ) )SS. : COUNTY OF SUFFOLK ) On the day of sonally came MARGAP~ET W. TOOKER, , 19 , before me per- to me known to be the individual described in and who executed the foregoing instr~ent and she duly acknowledged to me that she executed the same. STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) On the day of , 19 , before me personally came JAMHES F. REEVE, to me known to be the individual describcd ~ in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) On the day of personally came WILSON TUTHILL, , 19 before me to me known to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. OFFI~T _ERK SOUTHOLO, L. I, N. Y. 119'71 August 14, 1973 Southold Town Planning Board Tow~n Clerk's Office Main Road Southold, New York 11971 Gentlemen: Transmitted herewith are twelve copies of the subdivision map of "Little Neck Properties", together with check covering filing fee in the amount of $120.00. Very truly yours, AlBert ~. R±chmond Town Clerk LEGAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Office, Main Road, Southold, New York, in said Town on-the 28th day of August, 1973, at 7:30 o'clock in the evening of said day, on the question of preliminary approval of the following plat: Plat of property owned by P. J. Ventures, entitled "Little Neck Properties", consisting of a parcel of land situated at East Cutchogue, in the Town of Southold, County of Suffolk, and State of New York, and bounded and described as follows: BEGINNING at a point on the southerly side of Eugene's Road distant 160 feet westerly from the corner formed by the intersection of the southerly side of Eugene's Road with the westerly side of Little Neck Road; running thence south 13° 05' 10" East 356.55 feet; running thence North 76° 54' 30" East 160 feet to the westerly side of Little Neck Road; running thence along the westerly side of Little Neck Road South 12° 53' 30" East 1137.43 feet to the northerly side of Moose Trail as shown on Map of Moose Cove filed in the Suffolk County Clerk's Office on August 30, 1960 as Map No. 3230; running thence along the northerly side of Moose Trail South 77° 27' 40" West 435.37 feet to the Easterly side of Lot No. 9 on said Map No. 3230; running thence along the easterly side of Lots 9-8-7-area reserved for road, Lots 6-5-4-3-2-and 1 all as shown on said Map No. 3230, the following three courses and distances; (1) North 13° 09' 40" West 908.49 feet; (2) North 10° 45' 10" West 469.06 feet; (3) North 40° 45' 30" West 126.75 feet to the southerly side of Eugene's Road; running thence along the southerly side of Eugene's Road North 76° 50' 30" East 320.14 feet to the point or place of BEGINNING. Legal Notice Page 2 Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: August 17, 1973 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, AUGUST 23, 1973, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on August 17, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times P. J. Ventures Supervisor Albert M. Martocchia T~ 17th day of Nay , nineteen hundred and ~;ov~' I L"- two BETWEEN E. WILSON TUTHiLL, ,'~zsiding ne (ho number} ~l~'}e}:e' :; Road, Outcho~ue, New York 1195~ party of the first part, and p. J. VENTUPOES: A COPARTNERSttlP OF JAPr~S P. REFJE AND MARGAP~T W. TOOt(ER, with office and principal place of business at 10S E. Nain Street, Riverhead, New York 11901 paNy of the second pa~, W1TNESSETH, that the paay of the first paa, in considention of ONE and 00/100 ......... .......................... ~1.00) ............................. dollars, Iawful money of the United States, and other good and valuable consideration paid by ~e party of ~e second pa~, d~s hereby ~ant and release unto the party of the second pa~, the heirs or successors and assi~s of ~e party of the second pa~ forever, ALL that ce~ain plot, piece or parcel of land, atl]~/{i~_ _ ; _ ,g?,Oalq~,:~{]~, situate, lyingandbeingi~i[fl~ at East Cutcho~e~ in the Town of Southold, County of Suffolk, and State of New York, being bounded and described as follows: o.~ i ' BEGINNING at a point on the Southerly side of EuGene's Road distant 160 feet westerly from the corner formed by the intersection of the southerly side of Eugene's Road with the westerly side of Little Neck Road; running thence South 1~° 05' 10" East 556.~5 feet; running thenc( North 26° }%' }0" East 160 feet to the westerly side of Little Neck Road; r~nning thence along the westerly side of Little Neck Road South 12° 55' 30" East 1132.~3 feet to the northerly side of Noose Trail as shown on Nap of Noose Cove filed in the Suffolk County Clerk's Office on AuGust 30, 1960 as Hap No. 32}0; running thence alon~ the northerly side of said Noose Trail South ??o 27' ~0" West ~35-}? feet to the Easterly side of Lot No. 9 on said Nap No. 32~0; ,~nning thence along the easterly side of Lots 9-S-T-area reserved for road, Lots 6-5-&-}- 2-and 1 all as shown on said Nap No. ~230: the following three courses and distances; (1) North 1}° 09' ~0" West 908.&9 feet; (2) North 10° ~5' 10" West a69.06 feet; (3) North a0° aS' 30" West 126.25 feet to the southerly side of Eugene's Road; running thence along the southerly side of Eugene's Road North 76° 50' 50" East }20.1e feet to the point or place of BEGINNING. TOOKER, TOOKER & ESSEKS August 13, 1973 Mrs. Terry Elack Southold Town Hall Main Road Southotd, New York 11971 Dear Mrs. Elack: In accordance with our telephone conversation this morning, enclosed herewith please find check no. 180 of P J Ventures made payable to the Southold Town Planning Board in the amount of $120.00 and a photocopy of the meets and bounds description of the property. We are having the disclosure affidavit signed by all parties and will forward it, together with the additional prints of the map. Very truly yours, Robert L. Tooker RLT :bb Encs. AUgust 13, 1973 Justice Martin SUrer Justice Louis Demarest Town Highway Committee SUperviSOrs, Office 16 $°uthbStreet Greenport, New York 11944 Dear Sirs: Attached hereto is Sketch Plan for ~. of Cluster Development The hearing for preliminary apprOVal will be held on August 28, 1973. We WOuld appreciate before the hearing date. receiving YOur report :mm EnClosure Very sincerely, Marjorte MCDermott, Secretary Southold Town Board of Appeals Form·San. RS-2 SCDH Suffolk County Department of Health Riverhead, New York Division of Environmental Health Services CERTIFICATION OF APPROVAL OF REALTY SUBDIVISION PLANS TO: !/!:,la !', J. 't~nt~lres qiverhead, New York tlgnl · h)~ cert(~cate (s ~ued under the prov(s~ons o~ the Suffo)k County Samtary ~ode ~n c(mm, c- t)oa wkh the approwd o~ pkms on . :]v.~y. ]~..,..]f.~.. for yom' rea)ty suhdN~skm known The following data was furnished in connection with the submission of the plans. Location ....TqUB .Of. [,qu.~!:o] %...~t ::e !.,. ~ r. ~.~.~; :,. ~ ...,~.~.., .............................. Acres (approx.) ...!?~.r,. No. of Lots .... Il.. Size (approx.) .Ap;r;'.~.eqt~erE. f~"~' ......... Owner intends to .. ~ ~] 1..l.a ~,. ~:q~.~'... ..................................................... Topogral)hy ...~.-.,~tt ~'. c.l.one ............................................................. I)epth to Ground Water - Max: . ~'~' ~" · :.; . Min: ...... When .... ~ ap.~ :l..!.c. 79 .................. Grading (cul or fill) ..: ~at · +.,e. p f£,:,c.% · d,~¢, ~ co..,~i~, se~.~aae. 'disnoca~' 'a:~c i ! i ti ow. .......... l)rainage .. :,...~.,~,~,~ v.,,~. ,., 't:'.; ' '~' ~'-' '~-Y' %h":'~d]d; ..................................... Water Supply ...~,,. ~Ck. .1.o~ · i ~'~-~'dua t · v.:~q.].w 'co~c~wuu~d · i p' ~'a~P ' a~Prov~d 'bY' thb Suffolk Count,, 5¢,r~arl;v.:ent ~ Jlf, alth and minimum of !an feet horizontal distance from neares.t 'sewage. d'i'snosal · S~Fs'teF~ .......................................................... tank copnectcd to eom am~rrnr. F' fwFi~ rr(ca~t ()r ~Iock ceF, s%~)ol d~v(=lor, inq a minip)um of 3r'a so,we-%et, m~ '}~ach'Fnv coarse sand and/or travel, or lq tv~ cat~ of tmt+snal ~o~, t~m excavation is to be carried and the pool is ~rovidmd with a minimum]~rfee.t..s.a))q~.ap:)..q~ave] c~.l.l.a~.for, a..one-fam.ilv ~.ouse as soecl fled '66 Approval of tlus stlbdl~'lSlOn IS orallteo on condition: 1. That the proposed facilities for water supply and sewag'e disposal are installed in cma- fortuity with said plans. 2. That private sewage disposal systems shall no longer he constructed or used after pul>lie sewerage facilities hecome available. CC H. W. I)avids, P. E. l)irectol', Dixislon of Environmental Sanitation The above realty subdivision map approved July 13, lq73, is hereby rescinded. -~. LITTLE NECK PROPERTIES DECLARAT~ION OF COVENANTS AND RESTRICTIONS W~TNESSETH: That PJ Ventures, a co-partnership with an office located at 108 East Main Street,.Riverhead, New York, consisting of James F. Reeve; residing at Sunset Lane (no number) Mattituck, New York, and M~rgaret W. Tooker, residing at 3 Waterview Court, Riverhead, New York, being the record owners of all the real property hereinafter described and the subject of this declaration, and WILSON TUTHILL, residing at Eugene's Road (no number), Cutchogue, New York, being a mortgagee of said real property hereinafter described, do hereby declare for themselves, their successors and assigns, in consideration of the premises, and hereby make known, publish and declare, covenant and agree that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants running with the ~land and binding upon all purchasers, owners mortgagees lienors ~and such other persons acquiring an interest therein or of any ~portion of said premises, and their respective heirs, executors, ~administrators, successors and assigns, which covenants and ~restrictions shall be and remain in full force and effect from ~the date of the recording of the within instrument until the first g day of January, 1993, when they shall cease and terminate. Real Property Affected Parcel 1 All that certain plot, piece or parcel of land, situate lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, known and designated as lot~ numbered 1 through 11 on a certain map entitled "Map of Little Neck Properties." Parcel 2 All that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Commencing at a point in the westerly line of Little Neck Road which said point is located North 14 degrees 06 minutes 37 seconds West a distance of 276 feet from the intersection of the Westerly line of Little Neck Road and the northerly line of Moose Trail and from said point or place of beginning; running thence South 76 degrees 05 minutes 13 seconds West a distance of 436.70 feet to a point; thence North 14 degrees 23 minutes 17 seconds West a distance of 631.53 feet to a point; thence North 12 degrees 02 minutes 37 seconds West a distance of 294.65 feet to a point; thence South 75 degrees 36 minutes 23 seconds West a distance of 142.81 feet to a point; thence South 14 degrees 23 minutes 37 seconds East a distance of 70 feet to a point; thence South 14 degrees 06 minutes 37 seconds East a distance of 839.20 feet to a point; thence North 75 degrees 53 minutes 23 seconds East a distance of 286 feet to the Westerly line of Little Neck Road and a point; thence South 14 degrees 06 minutes 37 seconds East a distance of 19 feet to the point or place of beginning. Covenants and Restrictions No structure shall be erected, altered, placed or permitted on the premises hereinabove described as Parcel 1 other than a single family, detached dwelling not to exceed two stories in height with a private garage for not more than three (3) automobiles. The minimum ground floor area, exclusive of open porches and garages, shall be as follows: 1 story house - 1200 sq. ft. 1-1/2 story house - 900 sq. ft. on the first floor with an additional 400 sq. ft. floored and framed on the second floor. Second floor ceiling heights shall be a minimum of 7 feet, with a minimum kneewall height of 4 feet. 2 story house - 800 sq. ft. each floor, together with a minimum ground floor attached extension of 12 ft. x 20 ft. which may be used as a garage or as a covered porch. No structure shall be erected on a plot within Parcel 1 smaller than one subdivision lot as shown on said subdivision map of Little Neck Properties. No residence shall be permitted to be erected on any portion of the premises hereinabove described as Parcel 1 without prior approval of the plans and speci- -2- fications by PJ Ventures. One signed and approved cop of the said plans and specifications shall remain in the possession of PJ Ventures and another signed and approved copy shall remain in the possession of the owner. No changes in the exterior of the dwelling shall be made without the approval of PJ Ventures. No residence shall be permitted to be erected on Parcel 1 without the prior approval by PJ Ventures of the plot plan showing the proposed location of the residence upon the building plot. No dwelling may be erected upon Parcel 1 having a front yard set back of less than 60 feet or a minimum side yard set back of less than 20 feet. There shall be erected on Parcel 1 no garages or outbuildings detached from the main residence without the prior written approval by PJ Ventures. No fence, wall, hedge, partition or other barrier more than 3 feet in height of any kind shall be erected or maintained on any portion of Parcel 1 without the prior written approval of PJ Ventures. In no event, however, shall any fence other than a split rail fence be erected forward of the 60-foot building set back line hereinabove provided. The grounds of each residence must at all times be kept reasonably well maintained. The exterior of all residences must be 100% completed within eight months of the date of the issuance of a building permit by the Town of Southold. -3- 10. 11. 12. [4. .5. Debris must be removed from the premises prior to occupancy of the residence. No trailer, basement, tent, garage or other temporary structure erected or placed upon Parcel 1 shall at any time be used as a residence, temporarily or permanently. No signs other than the owner's name or professional occupation shall be erected on Parcel 1. Such signs shall not exceed six inches in height or twenty- four inches in width. No animals, other than the usual household pets, shall be kept on the property and such pets must be confined to their owner's premises except, however, when being transported to and from the said premises. No coop, cage or other structure for housing animals shall be erected on Parcel 1 without prior written approval of PJ Ventures. No portion of the subject premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All such material shall be stored in a hidden, sanitary container and shall be removed regularly from the premises. No clothes poles, clothes lines, playground equipment or vegetable gardens shall be placed, erected or maintained on any portion of Parcel 1 except in such a position that it shall not be readily visible from the street. [6. 17. 18. No residence shall be boarded up nor shall any windows or entrances be sealed for any extended period of time. No owner of a residence on Parcel 1 shall rent a portion or portions of the premises to boarders or transients. No trucks, cars, boats, mobile homes, campers or trailers shall be stored on the subject premises with the exception that no more than two regularly used automobiles may be parked in the driveway of each residence and that no more than one boat, not to exceed twenty feet in length, may be temporarily store¢ in the rear of each residence. Since there has been a history of increasing nitrates in water samples taken from the North Fork of Long Island, PJ Ventures has agreed with the Suffolk County Department of Health that a test well must be installed on each building lot designated herein prior to the start of any construction thereon. A water sample from the well on a lot must meet the then applicable Suffolk County Department of Health drink- ing water standards before consideration will be given by the Suffolk County Department of Health of approval of the site for the construction of a house. A note to this effect is included on the map of Little Neck properties filed in the Office of the Clerk of the County of Suffolk. Parcel number 2, hereinabove described, shall constitute a "Commons Area" for the benefit of -5- persons owning subdivision lots within Parcel number 1. Parcel number 2 shall not be open or available to the public for general or park use but shall remain at all times in the exclusive possession and for the exclusive use and enjoyment of owners of residences constructed on Lots 1 through 11 of Parcel number 1. In order to insure PJ Ventures' intent and purpose to preserve Parcel number 2 as an open and scenic Commons Area for the benefit of persons owning building plots on the subdivision map described in Parcel number 1, the following protective covenants and restrictions shall run with the land and be binding upon all purchasers, owners, mortgagees, lienors and other persons acquiring an interest in Parcels number 1 or 2, or any portion thereof: (A) PJ Ventures shall at its own cost and expense establish a Not-For-Profit corporation for the benefit of owners of Lots 1 through 11 in Parcel number 1. (B) Each said lot owner, or succeeding owner, shall automatically become a member of said Homeowner's Association. (C) Said lot shall bear one-eleventh of the expenses of the Homeowner's Association activities, after its formation by PJ Ventures. These expenses shall include any and all real property taxes levied after the date hereof on Parcel number 2. (D) Title to Parcel number 2 shall be conveyed to the Homeowner's Association promptly after the creation of said Association. (E) Each said Lot owner shall have an equal vote in the affairs of the Homeowner's Association and shall have an equal right to the use and enjoyment of the Commons Area. (F) Once the Homeowner's Association has been formally established, all responsibility for the operation and the maintenance of the Commons Area and facilities thereon shall lie with the Homeowner's Association. (G) Conveyances from PJ Ventures to owners of Lots within Parcel number 1 shall include a grant of an easement of enjoyment over the premises herein- above described as Parcel number 2, such easement to continue until such time as said Homeowner's Association is created. (H) The Homeowner's Association shall have the right to borrow money for improvements to Parcel number 2 and may encumber Parcel number 2 as security for said improvements to said Commons Area. (I) The Homeowner's Association shall have the right to suspend membership rights of any said lot owner for nonpayment of assessments, or for the infraction of any published rules of said Association. (J) No structures may be erected on said Commons Area except with the permission of the -7- Planning Board of the Town of Southold. (K) Each deed of conveyance to a building lot within Parcel number 1 shall include by reference these covenants and restrictions. (L) The Homeowner's Association shall be perpetual, shall have the right to purchase insurance, shall pay taxes and shall provide in its Charter and/or By-Laws for an annual homeowner's fee and shall further provide that all such fees and assess- ments shall become liens until paid upon said Lots within Parcel number 1. The Homeowner's Association shall have the right to proceed with necessary legal action to foreclose and/or enforce said liens and it shall further have the right to commence action against any lot owner within Parcel number 1 for the collection of any unpaid assessment in any court of competent jurisdiction. (M) PJ Ventures shall assume responsibility for all taxes and improvements to Parcel number 2 until such time as six (6) Lots within Parcel number 1 have been conveyed to persons other than the principals constituting the co-partnership known as PJ Ventures. Anything herein contained to the contrary notwith- standing, it is expressly declared and agreed that the Covenants and Restrictions herein shall not apply to or prohibit erection and maintenance of a sales office in any residence on said land by PJ Ventures or by .8- 22. 23. 24. any builder of a structure on the hereinabove described premises. Anything herein contained to the contrary notwith- standing, PJ Ventures shall be permitted to erect sign on the subject premises of any size to aid in the development and sale of building plots and dwellings on the subject premises. If PJ Ventures or its successors or assigns shall violate or attempt to violate any of the Covenants and Restrictions enumerated herein, or shall fail to enfor said Covenants and Restrictions, it shall be lawful for any other person or persons owning any portion of the hereinabove described premises to prosecute at law or in equity the persons violating or attempting to violate any such Covenant and either prevent them fron so doing or to recover damages for such violation. It is expressly understood and agreed that the fore- going Covenants and Restrictions are intended to cove~ the above described real property only and are not to be extended to any other property of PJ Ventures, James F. Reeve and Margaret W. Tooker, now owned or subsequently acquired, by implication or otherwise; and it is expressly understood that there is no obligation upon PJ Ventures, James F. Reeve or Margaret W. Tooker, or their heirs, executors, administrators, successors and assigns, to restrict -9- 25. IN WITNESS WHEREOF, set their hands and seals this in any manner any other real property which they may now own or which they may hereafter acquire. Invalidation of any one of these Covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. the parties hereto have hereunto day of PJ VENTURES By: (Margaret W. ,19 Tooker) Co-Partner By: (James F. Reeve) Co-Partner (Wilson Tuthill) -10- STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) On the day of , 19 , before me per- sonally came MARGARET W. TOOKER, to me known to be the individual described in and who executed the foregoing instrument and she duly acknowledged to me that she executed the same. STATE OF NEW YORK ) )SS. : COUNTY OF SUFFOLK ) On the came JAM~S F. REEVE, day of , 19 , before me personally to me known to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) On the day of , 19 , before me personally came WILSON TUTHILL, to me known to be the individual % described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. May 31, 1973 Robert L. Tooker, Esq. Tooker, Tooker & Esseks, Esqs. 108 East Main Street Post Office Box 268 Riverhead, New York 11901 Ret Little Neck Properties Dear Mr. Tooker: Your request for an extension of the preliminary approval given to the map of Little Neck Properties has been reviewed by this Board. The Planning Board has passed a resolution granting an extension of four months, until October 1, 1973, on the preliminary approval. Very sincerely, JW~tle John Wickham, Chairman Southold Town Planning Board ROBERT L, TooKeR MARCia Z. HEFTER ANTHONY B, TOHILL TOOKER, TOOKER & ESSEKS COUNSELORS At LAW 108 EAST MAIN STREET RIVERHEAD, N, Y, 11901 May 16, 1973 John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear John: In your letter of December 11, 1972, you extended the preliminary approval of the map known as Little Neck Properties until June 1, 1973. The purpose of this extension was for the owners to resolve with the Suffolk County Health Department the problems surrounding nitrate readings from water samples in the Cutchogue area. As you had predicted, with the heavy rains of this Spring, nitrate readings have substantially dropped from a reading of 12.5 parts per million in September of 1972 to current readings in the 7 to 8 parts per million range. Six weeks ago, a hearing was requested before the Board of Review of the Suffolk County Health Department. This hearing is scheduled for M~y 17th at 9:30. If the Board of Review follows its usual procedure, it will be some weeks before the owners are advised of the outcome of the hearing. Accordingly, it is respectfully requested that the preliminary approval be extended for an additional four months. Just as soon as the results of the Board of Review hearing have been received, we will notify the Planning Board. Sincerely yours, Robert L. Tooker RLT:bb SUFFOLK COUNTY DEPARTMENT Of HEALTH SUFFOLK COLI NTY CENTER RIVERHEAD, NEW YORK 11901 April 24, 1973 DIVISION OF ENVIRONMENTAL · .Fa". Robert L. Tooker Tooker, Tooker, & Esseks 1OSEast Main Street P.O. Box 268 Riverhead, NY ll901 Re: Little Neck Properties Town of Southold Dear Mr. Tooker: Your request to appear before the Board of Review of the Suffolk County Department of Health has been received. A review of your case has been scheduled at the County Center. Riverhead ~w York, in the library of the Suffolk County Department of Health on Thursday, May 17, 1973, at 9:30 a.m. You may appear with or without counsel and you may produce any information or evidence in your behalf. Very truly yours, Aido Andreoli, P.E. Chairman Board of Review AA:eb cc Mr. Robert A. Villa, P.E. Mr. Peter Majkowski Mr. George Miller M~. Joseph Risso, P.E. Chairman, Planning Board , SUFFOLK COUNTY · DEPARTMENT OF HEALTH SUFFOLK COUNTY CENTER ~ RIVERHEAD, NEW YORK 11901 DIVISION OF ENVIRONMENTAL H F. ALTH SERVICES HERBERT W. DAVID~ DIRECTOR bcc Mr. ~ohn Wickham December 27, 1972 Mr. Robert L. Tooker Re: L%ttle Neck Properties Tooker, Tooker, & Esseks T/ Southold Counselors at Law 108 East Main Street Rfverhead, NY 11901 Dear Mr? Tooker: Your request to appear before the Board of Review of the Suffoik County Department of Health has been received. A review of your case has been scheduled at the County Center, Riverhead, New York, in the library of the Suffolk County Department of Health on Wednesday, January 17, 1~7~ at 1:00 p.m. cc Mr. Robert villa, P.E. Mr. James Hell, P.E. Mr. Sidney Beckwith Mr. Joseph Risso, Mr. James F. Reeves Sincerely yours, Chairman Board of Review December 11, 1972 Robert L. Tooker, Esq. Tooker, Tooker & Esseks, Esqs. 108 East Main Street P. O. Box 268 Riverhead, New York 11901 Re: Little Neck Properties Dear Mr. Tooker: The Planning Board has discussed your request for an extension of the Preliminary Approval on this subdivision and passed a resolution to extend this approval for six months to June 1, 1973. Very sincerely, Hohn wickham, chairman Southold Town Planning Board JW:tle TOOkER, TOOKeR & ESSEKS COUNSELORS AT LAW 108 EAST MAIN STREET F~IVERHEAD, N. Y. 11901 November 28, 1972 John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear John: For several months, we have been discussing with the Suffolk County Health Department the well test data received in connection with the subdivision known as Little Neck Properties. Nitrate levels have been found to be slightly above the acceptable level under the Suffolk County Health Department's standards. We are currently requesting a hearing before the Health Department's Review Board. In the meantime, we request that your tentative approval of ~he subdivision be extended to give us a reasonable time to work out with the Suffolk County Health Department a satisfactory resolution of the water supply to this subdivision. Sincerely yours, Robert L. Tooker RLT: bb ~une 2?, 1972 Mr. Lawrence Tuthill~ p.E. Inlet Lane Greenport~ L.I., N.Y. Dear SirI I have called your home several times and left messages to call me~ but no re.ly. We are having trouble at Laurel Cotmtry Estates . Delmar drive and the ?lar~lng Board wants you to check the drainage plan again. The r~ad has been flooded to the point it is impassable most of the time. Also they want more information on the location ofdrainage rings in the "Little ~eck Property" roads. (Little Neck properties are giving 8~ ft to widen little neck road as indicated on map), Also the drainage ~lan tot ~Mattituck Shopping center" is coming in a day or so~ ano we want you to check this, Please stop by as soon as possible, Yours truly Building InspectOr June 1, 1972 Tooker, Tooker & Esseks, Esqs. 108 Main Street Riverhead, New York 11901 Attn: Robert Tooker, Esq. Gentlemen: Please be advised that in connection with your proposed development on the West side of Little Neck Road, the Town Board has accepted the amount of Bond as $15,000. In addition they will require dedication of the reserved strip along Little Neck Road in order to widen the highway. The required fee of $720 is to accompany the application. Upon receipt of word that this is acceptable t~is Board is prepared to set a date for the hearing on this subdivision as soon as final maps receive the signatures of Environmental Control and Health Department Sanitation Division. Very sincerely, John Wickham June 1, 1972 Tooker, Tooker & Esseks, Esqs. 108 Main Street Riverhead, New York 11901 Attn: Robert Tooker, Esq. Gentlemen: Please be advised that in connection with your proposed development on the West side of Little Neck Road, the Town Board has accepted the amount of Bond as $15,000. In addition they will require dedication of the reserved strip along Little Neck Road in order to widen the highway. The required fee of $720 is to accompany the application. ~ Upon receipt of word that this is acceptable tiis Board is prepared to set a date for the hearing on this subdivision as soon as final maps receive the signatures of Environmental Control and Health Department Sanitation Division. Very sincerely, John Wickham J~/tle May 23, 1972 Southold Town Board Town Hall Greenport, New York Dear Sirs: 11944 The Southold Town Planning Board recormmends a bond of $15,000 as prepared by Mr. Lawrence M. Tuthill for the subdivision of Little Neck Properties. Very truly yours, JW:tle John Wickham Chairman EnCo LAWRENI3E I~1. TUTHILL PROFEBBIONAL ENGINEER INLET lANE EXT, GREEhlpr~RT, N. Y, May 22, 1972 Southold To%m Planning Board Main Bosd Southold, N Y. Little Neck Prooerties Gentlemen: My estimate for a bond for the roads at Little Neck Prooerties, At ~st Cutcho~ue is as follows: Lard clearing PouMh grading Fine grading Surfacing Curbs Integral Normal none 600 cy ~ $1.oo/cy 4no if .5O/lf 400 if ~ $ 6.cO/lf lO0 If ,~ ~ 5.~O/lf 700 lb ~ $ 3.00/lf Catch Basins 4 ~ $ 5OC.00 ea. Leaching basins 4 ~ ~ 1,OO0.OC ea. Pipe 18" 10c if ~ $ 5.0C/lf Guard rail 20 if ~ S 10.OO/lf Seeding 1/5 acre ~ $ 1,O00.O0/acre Increase costs over 3 year ~eriod Administrative costs $ 60O.OO 200.00 2,400.00 oc.oo 2,100.00 2,000.00 4,0~0.00 5oc .oo 20C.OO 200.00 1,40~.00 900.00 15,000.00 ~esoectifully submitted, APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the To~vn o£ Southold: The undersigned applicant hereby applies for (tentative) (final) approval o{ a subdivision plat in accordance ~vith Article 16 of the Toxw~ Law and the Rules and Regulations o£ the Southold Town Planning Board, and represents aud states as £oilows: applicants are the contract vendees I. The ~lf!ltlmX:~ll~lK~ItailmPl:Xxx¢Ol~ot the]and under application. (If the applicant is not the 'owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .... Li.l%tl].e. l~Ie.ck..Pl:.op.er.t;iR$ ................ 3. The entire land qnder application is described in Schedule '°A" hereto annexed. (Copy _of deed suggested.) 4. The land is held~o'y ilso Tuthill Lib P g O ' er ........................ a e ...................... n ........................ , Libor ........................ Page ...................... On ........................ ; Libor Page On · Libor ........................ Page ...................... On ........................ , Libor Page On ' as devised under the Last Will and Testament of .. t;ll/.el~].]..B.,. ~l,1..llhj,],J-.~..~.¢~.~ied. or as distributee ...................................... : ....................... $. The area of the land is ..13..63't ..... acres. 6. All taxes which are liens on the land at the date hereof have been paid except .......... second half of 1971-72 taxes Th 1 ~ ~ill be encumbered by a purchase money mortgage to E. Wilso~ 7. e ana l~ex~e~l:,~.~ .... ............................................ mortgag~ (s)as follows: TuJ:'fi~I1 ~n tile pr~_nc~_paI amounl~ of $f?3,900.00 (a) Mortgage recorded in Libor ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... ................... ; ...... address ...................................................... (b) Mortgage recorded in Libor ............ Page .................... in original amount · of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c~ Mortgage recorde(t iber ............ Page .................... in original a~nount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8. There are no other encumbrances or liens against the land except .. None ................ 9. The land lies in the following zoning use districts · .A .R~s&do, nlM. al.Bis.trice .... 10. NOpartofthelandliesunderxvaterwhethertldewater, stream, pondwaterorotherxvise, ex- cept .l~Q.o.f.~o..0~..$B.~b~.~0~.~b~¢.~..qp.~..~..~A~.~.~9~r water. 11. TheapplicantshallathisexpenseinstallaU required publicimprovements. 12. The landi ~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if ~vithin a District, is . ~o.t;. ~qpp.~i¢&b~.e ........................................ 13. Water mains will be laid by . lq'O.t. ~pp. licable ........................................ and (a) (no) charge xvill be made for installing said mains. 14. Electric lines and standards will be installed by .. Long./Island. l.ighl:ing..Co ...... .................................... and (a) (no) charge xvill be made for installing said lines.- unknown 15. Gas mains will be installed by .... la~lg~O!,,q2 .............................................. and (a) (no) charge will be made for installing said mains.. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highxvay systeml annex Schedule "B" hereto, to show same. Not applicable 17. 18. 19. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. There are no existing buildings or structures on the land which are not located and shown on the platt except an old dilapidated house on the northerly end of the sub~ect premises. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant xvill offer proof of title as required by Sec. 335 of the Real Property Law. 21.'Submit a copy ofproposed deed for lots showing all restrictions, covenants, etc. Annex Schedule"D". No Covenants & Restrictions other than the proposed Covenants & Restrictions annexed hereto will be included in any conveyance of a lot on the subject map. Z2. Ti~e applicant estimates that the cost o[ grading and required public improvements will bc :~,D0fl. ~t0as itemized, in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ..... 3 ...... years. The Performance Bond ~vill be written by a licensed surety company unless otherwise shoxvn on Schedule "F'. DATE ............................... 1972. i'.~e' of Applicant) (Margaret W. Tooker) llf~tl~m~m~mz~x (James F. I~IT...-..3..Wo~terview..Cmu~:t,..1Livmrhea.d, N.Y. ~,~ddressl R - Sunset Lane, Mattituck, N.Y. STATE OF NEW YORK, COUNTY OF .... ,qUEFOLK .................. ., ss: On the .................. day of ......................... 197~ .... before me personally came _ .REEVE Y~.RGARE.T. ~...TODKER..~rld. ,.]'AMES.. ~i. lo me knoxvn to be the individua~lescribed in and: who executed the foregoing instrument, and acknoxvledged that . .they ....... executed the same. Notary ........ ~"u~li~ .................................. ROBERT r,, TOOKER NOTAIIY PUDLIC, Sta~e ot New York Dl'o. 52-9356300 Qualified in Su.oa. C~unl¥ STATE OF NEW YORK, COUNTY OF ......... .C?P.m.i.s!i?n..E.x?.ir?.s.~.~/.a.~c.,h..3.0,.!91t: On the .................. d~ay .............. of ........... 19 .......before me personally came ................................................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................................. that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affLxed by order of_ the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public SCHEDULE A DESCRIPT[¢)N ALL that certain plot, piece or parcel of land, situate, lying and being at East Cutchogue, 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 Southerly side of Eugene's Road distant 160 feet westerly from the corner formed by the intersection of the southerly side of Eugene's Road with the westerly side of Little N~k Road: running thence South 13° 05' 10" East 356.55 feet: running thence North 76° 54' 30" East 160 feet to the westerly side of Little Neck Road: running thence along the westerly side of Little Neck Road South 12° 53' 30" East 1137.43 feet to the northerly side of Moose Trail as shown on Map of Moose Cove filed in the Suffolk County Clerk's Office on August 30, 1960 as Map No. 3230; running thence along the northerly side of said ~oose Trail South 77° 27' 40" West 435.37 feet to the Easterly side of Lot No. q on said map No. 3230; running thence along the easterly side of Lots 9-8-7-area reserved for ~oad, lots 6-5-4-3-2-and 1 all as shown on said map No. 3230, the following %hree courses and distances; (1) North 13° 09' 40" West 908.49 feet; (2) North 10° 45' 10" West 469.06 feet: (3) North 40° 45' 30" west 126.75 feet to the southerly side of Eugene's Road~ running thence along the southerly side of Eugene's Road North 76° 50' 30" East 320.14 feet to the point or place of beginning. SCHEDULE C See key map on Preliminary Plan of Little Neck Properties pre- pared by Young and Young, dated April 14, 1972. SCHEDULE D DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: That PJ VENTURES,~a co-partnership with an office located at 108 East Main Street, Riverhead, New York, consisting of James F. Reeve, residing at Sunset Lane (no number' Mattituck, New York, and Margaret W. Tooker, residing at 3 Waterview Court, Riverhead, New York, being the record owners of all the real property hereinafter described and the subject of this declaration, and WILSON TUTHILL, residing at Eugene's Road (no number), Cutchogue, New York, being a mortgagee of said real property hereinafter described, do hereby declare for themselves, their successors and assigns, in consideration of the premises, and hereby make known, publish and declare, covenant and agree that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants running with the land and binding upon all purchasers, owners, mortgagees, lienors and'~uch other persons acquiring an interest therein or of any portion of said premises, and their respective heirs, executors, admin~trators, successors and assigns,' which covenants and-. restrictions shall be and remain in full force and effect from the date of the recording of the within instrument u~til the' first day of'January, 1992, when they shall cease and terminate. Real Property Affected Ail that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, known and designated as lots~numbered 1 through 13 on a certain map entitled "Map of Little Neck Properties Covenants and'Restrictions e No structure shall be erected, altered, placed or Permitted on any of the hereinabove'described premises. other than a single family, detached dwelling not to exceed two stories in height with a privat~ garage for not more than three (3) automobiles. The minimum ground floor area, exculsive of open porches and garages, shall be as follows: 1 story house - 1200 sq. ft. 1-1/2 story house 900 sq. ft. on the.first floor with an additional 400 sq. ft. floored and framed on the second floor. Second floor ceiling heights shall be a minimum of 7 feet, with a minimum kneewall height 'of 4 feet. 2 story house - 800 sq. ft. each floor, together with a minimum ground'floor attached extension of 12 ft. x 20 ft. which may be used as a garage or as a covered porch. No structure shall be erected on a plot smaller than one lot as shown on said subdivision map of Little Neck Properties. No residence shall be permitted 'to be erected on any 'portion of .the subject premises without prior approval of the plans and specifications by PJ VENTURES. One signed and approved copy of the said plans and specifications shall remain in the possession of PJ VENTURES and another signed and approved copy shall remain in the possession of the owner. No changes in the exterior of the dwelling shall be made without the approval of PJ VENTURES. ! 10. 11. No residence shall be permitted to be erected on the subject premises without the prior approval by PJ · · VENTURES of the plot plan showing the proposed locatio~ of the r~sidence upon the building plot. No dwelling may be erected on the subject premises having a front .yard set· back of less than 60 feet and minimum side ~Yard set ~ack of less than 20 feet. There shall be erected on the subject premises no garages or outbuildings detached from the main residence without the prior written approval by PJ VENTURES. No fence, wall, hedge, partition or other barrier more than 3 feet in height of any kind shall be erected or maintained on any portion of the subject premises without the prior written approval of PJ VENTURES. In no eveng however, shall any fence other than a split rail fence be erected forward of the 60-foOt building set hack line hereinabove provided. The grounds Of each residence must at all times be kept.reasonably well maintained. The exterior of all residences must be 100% completed within eight months of the date of the issuance of a building permit by the Town of Southold. Debris must be removed from the premises prior to occupancy of the residence. No trailer, basement, tent, garage or other temporary structure erected or placed upon subject premises shall at any time be used as a residence, temporarily or permanently. -3- 12. No signs other than the owner's name or professional occupation shall be erected on the premises. Such signs shall not exceed six inches in height or twenty- four inches i~ ~idth. . ~,,.,,,~, 13. No animals, other than the usual household pets, shall be kept on the Property and such pets must be confined to their owner's premises except, however, when being transported to and from the subject premises. No coop, cage or other structure for housing animals shall b e erected on the subject premises without prior written approval of PJ VENTURES. 16. No portion of the subject premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All such material shall be stored in a hidden, sanitary container and shall be removed regularly from the premises. No clothes poles, clothes lines, playground equipment or vegetable gardens shall be placed, erected or maintained on any portion of the subject premises except in such a position that it shall not be readily visible from the street. No residence shall be boarded up. nor shall any windows or entrances be sealed for any extended period of time. 18. No owner of a residence on the s.ubject premises shall rent a portion or portions of the premises to boarders or transients. No t~ucks, cars, boats, mobile homes, campers or trailers shall be stored on the subject premises with the exception that no more than two regularly used automobiles may be parl-~d in the driveway of each residence and that no more than one boat, not to exceed twenty feet in length, may be temporarily stored in the rear of each residence. 19. 20. 21. 22. Anything herein contained to the contrary notwith- standing, it is expressly declared and agreed that the Covenants and Restrictions herein shall not apply to or prohibit erection and maintenance of a sales office in any residence on said land by PJ VENTURES or by any builder of a structure on the hereinabove described premises. Anything herein contained to the contrary notwith- standing, PJ VENTURES shall be permitted to erect signs on the subject premises of any size to aid in the development and sale of building plots and dwellings on the subject premises. If PJ VENTURES or its successors or assigns shall violate or attempt to violate any of the Covenants and Restrictions enumerated herein, said Covenants and Restrictions, ~or any'other person or persons or shall fail to enforc~ it shall be lawful owning any portion of the hereinabove described premises to prosecute at law or in equity the persons violating or attempting to violate any such Covenant and either prevent them from so doing or to recover damages for such violation. It is expressly understood and agreed that the fore- going Covenants and Restrictions are intended to cover the above described real property only and are not to be extended to any other property of PJ VENTURES, James F. Reeve and Margaret ~. Tooker, now owned or subsequently acquired, by implication or otherwise; and it is expressly understood that there is no obligation upon PJ VENTURES~ James F. Reeve or Margaret W. Tooker, or their heirs, executors, administrators, successors and assigns, to restrict in any manner any other real property which they may nOW own or which they may hereafter acquire. -5- 23. Invalidation of any one of these Covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of May, 1972. PJ VENTURES By: By: (Margaret W. Tooker) Co-Partner (James F. Reeve) Co-Partner (Wilson Tuthill) STATE OF NEW YORK COUNTY OF SUFFOLK On the day of May, 1972, before me personally came MARGARET Wo TOOKER, to me known to be the individual described and who executed the foregoing instrument and she duly acknowledged to me that she executed the same. -6- STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) MS.: O~ the day of May, 1972, b.efore me personallycame JAMES F. REEVE, to me known to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS.: On the day of May, 1972, before me personally came WILSON TUTHILL, to me known to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. -7- ~LDEN W. YOUNG YOUNG ~ YOUNG 400 OSTR~NDER AVENUE RIVERHEAD, NEW YOP,}( ! 190! SCHEDULE E HOWARD W. YOUNG April 14, 1972 Re Realty Subdivision "Little Neck Prooerties" East Cutchogue, Town of Southold Suffolk County, New York. Estimate of Cost of Constr~ction of Cheryl. Court I - Grading .................... 2 - Paving .............. 3 - Installation of curbs and of curbs & gutters - - 4 - Installation of catch basin - 5 - Installation of leaching pools .... 6 - Seeding, guard rail and contingencies - - - 600.00 2,400.00 1,800.00 400.00 1,000.00 800.00 Total ..... '-$7,000.00 RAYMOND C, DEAN Superintendent Tel. 765-3140 734-5211 1972 The Planning Bo~d Tram o£ Southold Soutltold, Ne~ York Gentl euen: X have inspected the nmp and appgowe the 1&y-out o£ the ~(s) at Little Neck ~peztie8 on ~st si~ of Little Neck ~, p~perty of J~e8 ~8 ~d P~t ~cker. RAYMOND C. DEAN Superintendent Match 25~ 1972 Tel. 765-3140 The Planning Board Tow~ o£ Solithold Southold) New York Gentlemen~ ! have inspected the eap and approve the lay-out o£ the road(s) at LITI~ N~C[ PROPERT~BS subdivision) (£o~erly Wilson Tuthtll Par~) Peconics New York. RCD;a ~arch 23, 1972 Raymond Dean Sup't of Highways Peconic Lame Peconic, New York 11958 Dear Mr. Dean: Thu Planning Board requests you to £nspect the roads azxd maps of the following properties and make a report: Subdivision of Blue Horizons, north side Midale Road, Peconic, (r~vised map). Property of Jim~ Reeve and other~,located west side Little Neck Road, Cutehogue, New York. Yours truly, John Wickham, Chairman Southold' Town Planning Board J 4~:~, ~00wI' ~Ta - G'PI LOCATION MAP TABULATION OF AREAS LOT AREA IN NO. SO. FE I 40079 2 _.q_7574 3 ~00/7 ___ 4 40040 ~ qo_Q4o 6 40040 7 ..... 4004_q_ 8 40040 9 4000,2 I0 40020 II 40320 TOTAL AREA = l$.625 ACRES OWNER MARGARET W TOOKER ~ O. B.A. Pd VENTURES 108 EAST MAIN STREET RIVERNEAD, N. ~ MBO/ JAMES K REEVE ~ IsoO 3 II TYPICAL SEWAGE DISPOSAL SYSTEM TWO TYPICAL PLOT PLAN GROUND WATER TYPICAL WELL DETAIL DEPARTMENT of HEALTH 8 I0 9 own ce souryot o MA P OF EAST TOWN OF S UFF lO0 CU TCH 0 GUE SOUTHOI D CO, NY SCALE: I"= I00' 0.0 0.0 18.0 DATE: APR. I ~ 19TP dUNE 20, I~?$ dULY P$/975 L~ACA/ING ~5t/q ('TYPE D) L~ACICIN~ bAGI/g // (:Yp-¢ A ) .8..5' /"= 5' /5 ROADWAY PLAN, PROFILE ~ SECTION TO ACCOMPANY PRELIM/NARY SUBDIVISION MAP OF tITTlE NECK PF~OPEt~TIES EAST CUTCHOGUE TOWN OF SOUTHOI D SUFF. CO., N. Y SCALE ~ AS SHOWN APRI£ I,I, 1972 YOUNG & YOUNG , RIVERNEAO, N.Y ALDEN W. YOUNG, N.Y$. t~E~ L.$. NO. IP045 HOWARD ~l YOUNG, N.E$. £.$. NO. 4~095 LOCATION- MAP 4 5 ! 'TABULATION OF AREAS LOT AREA iN NO, I 4204,~ 2 42284 $ 41199 4 42525 5 40457 7 9 ~031~ I0 ~0~ II ~0~02 12 40~46 I~ 88Ol 7 6 ! .I TOTAL AREA = IZ.'~25 ACRES OWNER MARGARET VI TOOKER b JAMES E REEVE D.B.A. PJ' VENTURES I0~ EAST MAIN STREET RIVERHEAD , I~ Y. 11901 '1 '1 12 o~olcAr/ou ro r~vN OF $Oerroo~co I 1 !; Mm. soo ~o,~ [ e9/ , ~ TYPICAL SEWAGE DISPOSAL SYSTEM L~4QHINEPOOL[~! TYPICAL PLOT PLAN TYPICAL ~IELL DETAIl SUFFOLK COUNTY DEPARTMENT.of HEALTH TEST HOLES Z_ I'FTL.. /M/HA R Y MAP SUBDI V/SION- OF- ' H CfT £H O£ED EAST TOWN SUFF CU TCH 0 GUE OF sOUTHOL D CO, "- I00' SCAL£: - YOUNG ~ YOUNG, ~IVE~N~AD ~ N Y ALDEN W YOUNG, N.Y.$. ' HOWARD W YOUNG~ N. YS LS NO 4~093