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HomeMy WebLinkAbout1000-121.-1-1LOCATION MAP 1"=600' THORNTON SMITH, SEC~ON 1 THORNTON SMITH, SECI~ON 1 R/GB OF TO ~ 679 now or ~ormer/Y PLAN R~760.00' L=263.77' '78 LANE ARBOR L=248. s7 L ' ~ A~o 7 18 24"W = 16 ~. 19 · I HEREBY CER~FY ~rlAT ALL LOTS SHO'~q ON THIS PLAT COMPLY WITH THE BUILDING ZONE ORDINANCE CF THE TOWN OF SOUTHOLD, · I HEREBY CER~FY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED MARCH 12. 1996 AND THAT ALL CONCREI~ MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSI~ONS ARE CORRECTLy SHOWN AND A~ DIMENSIONAL AND GEODE~O DETAILS ARE CORRECT' DAI~ OF APPROVAL CHAIRMAN (TOWN OF SOU~HOLD PLANNING BOARD) THE APPROVAL OF THIS MAP DOES NOT CONSI]I1J~ ~E ACCEPTANCE OF HIGHWAYS SHOWN ~rlEREON AS PUBLIC ROADS. A DEC~RA~ON OF CO~NANTS AND RES~IC~ONS HAS BEEN FJ~D IN ~E SU~OLK COUN~ CLERKS OFRCE IN LIBER CP ~E WA~R SUPPLY AND SEWAGE DISPOSAL FAClD~ES FOR A~ LOTS IN ~IS DE~LOPMENT SHALL COMPLY ~ ~E STANDARDS AND REOUIRE~ENTS OF ~E SU~OLK COUN~ DEPAR~ENT OF !~UFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES J BASED UPON THE INFORMATION SUBMITTED FOR q-liS PROJECT, FILING I~F' A REALTY SUBDIVISION OR DEVELOPMENT MAP WITH THIS DEPARTMENT I~' NOT REQUIRED UNDER THE TERMS OF ARllCLE 6 OF THE SUFFOLK OUNTY SANITARY CODE SrNCE ALL PARCELS ARE RESIDENTIAL AND EACH ]BDIVIDED PARCEL IS GREAR~R THAN 5 ACRES IN AREA, ~PLICATrON MUST BE MADE FOR APPROVAL OF CONSTRUCTION OF WATER IPPLY AND SANITARY FACILITIES FOR EACH INDIVIDUAL PARCEL AND 'ANDARDS OF THE DEPARTMENT, EFFECTIVE AT TIME OF SUBMISSION, JST BE SATISFIED LO~_ '7 5.000~, Acres L=24] 73500' L $ S63 ~ R=685'00' 1"=3 138.06' L=285.~8' L=283.12' 1_--303.78' ~47.06' S59' Lot ~ Lot 5 5.3~50 Acres I 5.00~2 Acres // Drainage ernent ~0 Acre~!~' ~ ~ 282.74' S67'53'48"W Thornton Smith, Section 1, Suffolk County File No, 9836 Lot 3 t45V~3 ' LO~- 6 5A861 Acres 408.29' 691 5.0055 Acres Young & Young, Land Surveyors 400 Ostra~der Ave~e, ~vewh, ead, New York 11901 516-727-2303 (ormer\'Y LOt 9 5.000Z ~creS ~5'o 9or\Wn APPROVED BY PLA,~ .... j BOARD TOWN OF SoUTHOLD NOTE: 1. · ~ MONUMENT FOUND 2. · = STAKE FOUND SITE DATA: 1 TOTAL AREA = 33.2907 ACRES 2. ZONING USE DISTRICT: A-C, AGRICULTURAL CONSERVATION 3 NO, OF LOTS = 6 OWNER: MR THORNTON SMITH ¢¢ BROOKSIDE DRIVE PLANDOME, N.Y 11030 FINAL PLAT THORNTON SMITH, SECTION 2 "~ ~ At: MATTITUCK Town of: SOUTHOLD ~ ~e~_ Suffolk County, New York Suff, Co. Tox Mop: ~ looo i 121 i 1 i 1 5 DATE 'SEPT. 11, 1996 SCALE : 1'=100' JOB NO. 95-768 SHEET NC.:1 OF 1 "SECT2 FP DWG" (53003) (~~~OgUFFO(~-c~_ PLANNING BOARD MEMBERS ~~'h~~~ OGy~? Town Aall, 53095 Main Road BENNETT ORLOWSKI, JR. ~ o ` P.O. Box 1179 Chairman ~ 2 WILLIAM J. CREMERS ~ ~ ~ ~ Southold, New York 11971 iJr ~ t~-;~ Fax (516) 766-3136 KENNETH L. EDWARDS " ~f O GEORGE RITCHIE LATHAM, JR. ~ 7~{ ~~s'-'~ Telephone (516) 765-1938 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 22, 1997 Timothy Canfield Peconic Land Trust P.O. Box 2088 Southampton, NY 11968 RE: Proposed Major Subdivision for Thornton Smith, Section 2 SCTM# 1000-121-1-1.1 & 113-7-19.20 Dear Mr. Canfield: The following took place at a meeting of the Southold Town Planning Board on Monday, April, 21, 1997: WHEREAS, the Southold Town Planning Board granted conditional final approval on the surveys dated September 11, 1996 for the Major Subdivision of Thornton Smith, Section 2; and WHEREAS, all conditions have been fulfilled; BE IT THEREFORE RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated September 11, 1996. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please submit a copy of the recorded Drainage Easement, a copy of the recorded deeds for Lots 4 and 5 referring to the Drainage Easement, and a copy of the recorded Declaration of Covenants and Restrictions and Road Management Agreement. Page 2 Proposed major subdivision for Thornton Smith, Section 2 April 22, 1997 In addition, when the firewell has been completely installed, please have the Mattituck Fire District send us a letter noting that the firewell is in working order. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. ~-S Chairman enc. cc: Building Department Tax Assessors Suu3F • • MS ~it.FA HrIP F~~ rt-IOrIF: 8 5 Z- 2 0 0 SUFFOLK COUN-I-Y CLERK'S OFFICE Edl+arll n, tlomaih~, COUPI'('Y CLEnIC ITV F,I~IIC 1~~i, N4q YQ11H I Intl) Town of Southold Assessors ?Town of Southold Planning Board Chief Deputy County Treasurer TO WHOM THIS MAY CONCERN The Set-Off Minor Subdivision Major Subdivisi Map of: T I10~n1Zh ~ i Was Filed: SCTM#: 1000- I Z I - ~ - 15 File I GCG Abstract l 32 3 Township: Southold Hamlet: i"'lt:~ i-h ftt~(L Owner. Q 6o~e- fiery Truly yours. County Cterk Map Deparlmenl ~ (a ~ ~ 0 1~ ~ .pus ~ o ~r U nn I~lo. +19 n 111: IN 113-~-(5.2p INFORMATfON IN REGARD TO APPROVED SUBDIVISION Name of subdivision I horn~or~-~ ~m~~~ * Se c~~orJ Z SCTM# 1000- I,?/- ~ -J. J anA //3-7-J9.2 0 Subdivision approved by Planning Board on ~ L I- Subdivision filed in Suffolk County Clerk's Office Zone at time of approval A-C. CA rt~o l-~ur~,Q Ca„SerJ~,9~law~ l?C~.,<rrS 8~00o yj j#, m:r: r~~w Current zone ~_C Date zone verified Clustered subdivision: Yes No~_ Covenants and Restrictions filed for subdivision: Yes__~ No Isee below/attached for details) Building envelopes shown for individual lots: Yes No_~_ If No, set-backs for all lots within subdivision: at< bc~ckS a tt e a s Front Rear Side yard r?~u ~ cP ~,Z A-C 1~~S~r;c~ . Comments: C~~IKoac~ (Nov,~.cam~u^~' ~ w~~tPr~n~<<-a~~r~~, 31iy19? MA )OR SUBDIVISION Complete application received ;5 ~['F,an ~ SPCf. S~bc~~?. Yield map received ~ ua•i Application reviewed at work session ,xro. OK ,xro.~ OK Applicant advised of necessary revisions +mt OK Revised submission received ,xro. ua~ ixro. OK Sketch plan approval F.xc en'f'rc sob. ~rru~tr~ x/29 ~ryb, o -with conditions Lead Agency Coordination SEQRA determination a 2 Y d ,I Preliminary maps received ci C, ® Preliminary maps reviewed at work session ,nro. OK H ~ ~ -revisions ,xro. OK o ~ ~ ? Road profilesldraiaage submitted ,xro. OK Q ,xro. OK ~I+ -revisions m Road profiles/drainage reviewed be Engineer ~ ~l ,x~io. OK rm•t ~ ,xro. OK z ~n p uo•t CK ^a ~ Sent to County Planning Commission lfp{ ~N ixro. ~snsA~t4~ ko•~ ~Q H Receipt of County Planning Report ,xro. OK o ~ ~ Review of SCPC report Preliminary hearing ~ 7~'~Iti~ Preliminary approval __2~ 3~a zo ~ -with conditions - v~ ~ ~ i Sent to Fire Commissioner ~~iv[~ r Receipt of firewell location ~ ~ Notification to applicant to include on final map R xi ~y6 l nqu~ it ~ _ ,xro. OK H ~ Draft Covenants and Restrictions received 0 O ",n o ~ao•~ ~ ° Draft Covenants and Restrictions reviewed ? ! ,xro. OK ~ ~ ~ Filed Covenants and Restrictions received ~ ~ tx- ~ Bond estimate submitted P.~„r• Boad adopted by PB 3 3! 1 Bond adopted by TB u ~ ~ Payment of bond ~5 7 • Payment of inspection fee iul~l9~ Determination of park & playground fee nl ~ Park & playground fee adopted by TB /L Payment of park & playground fee ~L/1"t • Open Space documents Documents reviewed by TA ,n~ro.~ OK a Receipt of mylars and paper prints with ~wf `I y Health approval Final Public Hearing ~ 3o~gh Approval of subdivision -with conditions q 3U q` '"S ~I,~Ics Endorsement of subdivision ~--LI_~~ ,_h ~o~~gUFFO(~-co G JUDITH T. TERRY c Town Hall, 53095 Main Road TOWN CLERK ~ Z P.O. Box 1179 ~ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ~ ~ MARRIAGE OFFICER ~ Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER J~ ~a Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 12, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $115, 353.00 performance bond for the Thornton Smith major subdivision, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. Judith T. erry`G~~~ V Southold Town Clerk November 13, 1997 NOV ! ~ ~Qg~fFa(~--A PL~INNING BOARD MEMBERS '~y~~ ~~G~ ` ~ 1 v Town Ha11, 53095 Main Road BENNETT ORLOWSKI, JR. o Chairman ~ ~ Z :7 P.O. Box 1179 ~ Southold, New York t 1971 WILLIAM J. CREMERS ~ • h'ENNETH L. EDWARDS y ~ Fax (516) 766-3136 GEORGE RITCHIE LATHAM, JR. ~ ~~0:- Telephone f516) 765-1938 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 1997 Judith T. Terry Southold Town Clerk Southold, NY 11971 RE: Approved major subdivision for Thornton Smith SCTM# 1000-121-1-1.1 & 113-7-19.20 Dear Mrs. Terry: The roads and improvements in the major subdivision of Thornton Smith have been completed in a satisfactory manner as noted in the November 6, 1997 report from James Richter. The firewell has been tested and accepted by the Mattituck Fire Department. The Southold Town Planning Board recommends that the Town Board release the $115,353.00 Certificate of Deposit for the Thornton Smith subdivision. Please feel free to contact me if you require any additional information. Sincerely, Melissa pirtr Planner cc: Thornton Smith enc. - - Su 1'3F • `psUFFO~,~c , PPS RAYMOND L. JACOBS ~ ~ JAMES A. RICHTER, R~A. SUPERINTENDENT p • ~ ENGINEER SOUTHOLD TOWN HIGHWAY DEPARTMENT ~ TOWN OF SOUTHOLD Fax. (516) - 765 - 1750 ~ ~ ~ 'Cel. (516) - 765 - 3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD November 6, 1997 Bennett Orlowski, Jr. Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Thornton Smith, Section II SCTM 1000 - 121 - 01 - 1.1 Dear Mr. Orlowski The required road construction within the above referenced subdivision has been completed in a satisfactory manner. Minor modifications to the streetlight installation have been scheduled and the contractor has assured me that the necessary changes will be made soon. All of the swales have been properly graded and seeded and the placement of asphalt wearing surface has been approved. If you have any questions concerning this report, please contact my office. Sic ely, ,flames A. Richter, R.A. cc: Raymond L. Jacobs v ' (Superintendent of Highways) NOV 6 '-3~+ ~ i s,~,; THORNTON E. SMITH, F. ~sce 44 Brookside Drive Plandome, NY 11030-1405 51627.7529 Phone/Fax October 29, 1997 Ms. Melanie V. Brown Assistant Branch Manager North Fork Bank 245 Love Lane Mattituck, NY 11952 ; Dear Melanie: i Confirming our recent conversation, I anticipate that the Southold Town Board will, on November 12th, release the Certificate of Deposit dated April 14, 1997, which they are currently holding. I very much appreciate your willingness to have the Bank pick up the certificate and deposit the funds back into my account. Judith Terry, the Town Clerk, expects to be able to release the certificate on November 14th. Please contact her prior to that date in order to make the necessary arrangements with her. I do appreciate your assistance in this matter. Yours very~~yt{-~r~uly, ,C// '`~~^~77~//~/\ yLt~~Lla if~~,~ C~ / ~ :[L~/ ~J Thornton E. Smith c: Judith T. Terry Town Clerk Melissa Spiro - ` Planning Board i:; ~ if , ~ N011 ? '9yi E~ i z.. _ f _ .emu r ,;`~o~OSOFFO(,~~0 O Town Hall, 53095 Main Road JUDITH T. TERRY 0 ~ TOWN CLERK ~ y P.O. Box 1179 y ~ T ~ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ~ ~ • ~ F Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER ~`--y~~l ~ ~ao~~ Telephone (516) 786-1800 FREEDOM OF INFORMATION OFFICER 'Oa- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 29, 1997 Thornton Smith 44 Brookside Drive Plandome, New York 11030-1405 Dear Mr. Smith: Enclosed is a certified resolution, adopted by the Southold Town Board at a regular meeting held on October 28, 1997, with regard to your $115,353.00 performance bond for the Thornton Smith subdivision, which bond expires on November 12, 1997. Very truly yours, G~E~Z2~~"0~~~~~ Judith T. Terry Southold Town Clerk Enclosure cc: Town Attorney Planning Board ~y~ OC7301991 a x. ti~ r . o~~g~FFO(~-c JUDITH T. TERRY OGy~ Town Hall, 53095 Main Road Towle CLERK z P.o. Box u7s ~ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ~ Fax (516) 765-1823 MARRIAGE OFFICER ~01 ~ Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 28, 1997: WHEREAS, the Town has not received the Continuance Certificate for the $115,353.00 performance bond for Thorton Smith subdivision, Section 2, which bond expires on November 12, 1997; now, therefore, be it RESOLVED that the Town Board hereby authorizes and directs the Town Attorney to draw upon the $115,353.00 Certificate of Deposit if the Continuance Certificate is not received by Noon on November 11, 1997. Judith T. TerryZ?Iy i~ Southold Town Clerk October 29, 1997 ~g~yf~fl(~~ PLANNING BOARD MEMBERS v'~ ~-fit Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. v ~ - P.O. Box 1179 Chairman ~y T Southold, New York 11971 WILLIAM T. CREMERS ~ ~ Fax (516) 765-3136 KENNETH L. EDWARDS ~.~~/~j ~ ~.~0~;." Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ~~--...--_4-'rz= PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL October 2, 1997 Thornton Smith 44 Brookside Dr. Plandome, NY 11030-1405 Re: Performance Guarantee for Thomton Smith SCTM# 1000-121-1-1 & 113-7-19.20 Dear Mr. Smith: The Subdivision Improvements Security Agreement and the Certificate of Deposit for the subdivision of Thornton Smdh, Section 2 is due to expire on November 12, 1997. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, 'rf the extension is not received by Noon of October 27, 1997, there will be a resolution before the Town Board at its October 28, 1997 meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by Noan of November 11, 1997. Please contact this office rf you have any questions regarding the above. Since~y, Melissa Spiro % Planner cc: Judith T. Terry, Town Clerk ~1~ ~ATTITUCK FIRE DISTRI~ lY'S PO BOX 666, P/KE STREET MATrl7Z/CK, NEW YORK / l 952-0666 oFFicE l5 / 6J 298-8837 FAx (5 / 6) 298-884 / COMMISSIONERS WALTER KOSIYIOWSKI. CHAIRMAN JOHN A. KEOGH. SECRETARY JOHN M. DIVELLO BARBARR DICKERSON. TREASVgER JOHN C. HMwISON G. THOMAS WOODHULL JAMES D. ROACHE June 27, 1997 Planning Board Town of Southold Southold, NY 11971 I2E: SCTM #1000-11:3-7-19.20 100(1-121-1-1.1 Thornton E. Smith - "The Arbors" Gentlemen: Please be aware that the Board of'hire Commissianezs of the Mattituck Fire District have accepted the Electric firewell installed in the above stated sub-division as per your letter of January 24, 1996. Sincerely, hn A. Keog c . attituck Fire Distr t Copy: Isaac Green, Kreiger Well & Pump C: \OFFICE\ W P W DJ\WPDOCS\DISTRICT\DISTLH.39S D.__j_,_ _ _L2 j .,1V1__~ ~ ~ a Jl~N 3 01997 $DUTHOLD ?DWN PLIPINING DUARD KEEGAN &KEEGAN, L L ATTORNEYS AT LAW THOMAS J. KEEGAN, JR. 147 NORTH OCEAN AVENUE DEBRA A. BYRNES P.O. Box 918 PATGHD(:UE, NEW YORK 11772-915 DANIEL C. ROSS (516) 475-9400 THOMAS J. KEEGAN Apnl 1 1997 EAST END GFFICE OF COUNSEL Y YORK 11952-2924 By fax 765-1823 and'tPd~~I&i'~r~Ia~YI (51 298-4427 BY APPOINTMENT Laury L. Dowd, Esq. Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Thornton E. Smith's Subdivision, Section 2 Subdivision Improvements Sec•,uity Agreement Dear Ms. Dowd: This is further to my correspondence of 4/8/97 and our subsequent telephone conversation and conference call with Melanie Brown of the North Fork Bank. In accordance with the conference call I revised the referenced agreement to require collateral hold language be included on the C.D. I have since had the revised agreement approved by the Bank's attorney and present it herewith with the hope it will be a final draft. Thomton Smith is hoping to obtain Town Board approval for this arrangement at the Board's April 15, 1997 meeting. It is important to Thornton Smith that the Board consider his matter on 4/15/97. If there are any problems you can foresee I would appreciate your bringing them to my attention so they can be addressed before next Tuesday's meeting. Do you require that the Town have the Agreement executed by Thornton Smith prior to the Tuesday meeting? I will call on 4/11/97. r amel .Ross real/I V/tl~om2.ltr P".~-. ~~"i i`' APR 1 4 4~- e` SUBDIVISION IMPROVEMENTS SECURITY AGREEMENT AGREEMENT by and between Thornton E. Smith, (hereinafter the "Subdivider"), of 44 Brookside Drive, Plandome, NY 11030, New York, and the Town of Southold, (hereinafter the "Town") a municipal corporation of the State of New York, in the County of Suffolk, with offices at 53095 Main Road, Southold, New York 11971 WITNESSTH WHEREAS, the Subdivider has applied to the Planning Boazd of the Town of Southold for the approval of a subdivision entitled "Thornton Smith, Section 2" and the Plannning Boazd has required as a condition of final approval that certain improvements listed on exhibit A be completed or that a performance guazantee be obtained by the Subdivider to cover the cost of and to insure the completion of the improvements; and WHEREAS, to insure the completion of the improvements the Subdivider has requested that the Town accept, in lieu of a performance guazantee, a Certificate of Deposit issued by the North Fork Bank ("Bank") in the amount of One Hundred and Fifteen Thousand ($115,000.00) Dollars with language on the face thereof that the Bank holds the funds subject to a collateral hold in favor of the Town together with the Subdivides s letter of instruction to the North Fork Bank, a copy of which is exhibit B hereto "Withdrawal Letter", directing the Bank to pay to the Town the funds upon the Subdivider's default and the satisfaction of certain other conditions as set forth herein which instruction the Bank is authorized to honor upon receipt by the Bank of a letter purportedly from the Town, a specimen copy of which is exhibit C "Instruction Letter". representing that a default has occurzed and the other conditions have been satisfied. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The Subdivider shall obtain a Certificate of Deposit from the North Fork Bank in the amount of $115,000.00 for a term of seven months which will contain on the face thereof that the funds aze held subject to a collateral hold and will not be released without written authorization purportedly signed by the Town and the Subdivider shall deliver the Certificate of Deposit to the Town Attorney together with the executed Withdrawal Letter. So long as the Certificate of Deposit is held by the Town as security for the completion of the improvements, the Subdivider shall direct the Bank to roll over the Certifcate of Deposit at the prevailing rate for a similaz term. 2. The Subdivider shall complete the improvements listed on exhibit A on or before such date as the Planning Boazd shall direct. 3. Upon the recommendation of the Town Engineer to accept the completed improvements and upon the adoption of the recommendation by the Town Planning Boazd and the Town Board accepting the improvements the Certificate of Deposit and the Withdrawal Letter shall be returned to the Subdivider and the Town shall give the Bank written authorization to release the funds to the Subdivider. 4. If the Subdivider fails to complete the improvements to the satisfaction of the Town as set forth in paragraph 3 hereof on or before the date set forth in paragraph 2, then the Town may, subject to the provisions of this paragraph, declare the Subdivider to be in default. The Town shall give the Subdivider thirty days prior written notice by registered U.S. mail sent to the Subdivider's address set forth above of the Town's intention to declare the Subdivider in default and draw upon the Certificate of Deposit. Upon a declaration of default of the Subdivider, the Town, upon a resolution of the Town Board, may draw upon the Certificate of Deposit by delivering to the Bank the Certificate of Deposit and the Instruction Lettcr. purportedly executed by the Town. Upon receipt of the proceeds of the Certificate of Deposit, the Town may enter upon the lands shown upon the Subdivision Plat and install the improvements set forth on exhibit A as aze covered by such security and as aze commensurate with the extent of development that has taken place, but not exceeding in cost the amount of such proceeds. Upon the completion of the improvements by the Town any excess monies not expended and the interest earned thereon shall be reimbursed to the Subdivider. 5. The Town and Subdivider hold the Bank harmless except for acts of gross negligence and the Bank may conclusively rely on the documents purportedly executed by the Town or Subdivider without regard to the genuineness of any signature, the authority of any entity, or the truth or_occurrence of any fact or matter. Thornton E. Smith Town of Southold By: resL[horto l sec EXHIBIT B North Fork Bank 245 Love Lane Mattituck, New York 11952 Re: Thornton E. Smith/Town of Southold Subdivision Improvement Security Agreement Certificate of Deposit Number: Dear Sirs: This will confirm that I have obtained the referenced Certificate of Deposit from the North Fork Bank for delivery to the Town of Southold to act as security for the completion of certain improvements with respect to my subdivision entitled "Thornton Smith, Section 2". The terms under which the Town holds the Certificate of Deposit as security and the procedure by which the Town may draw upon the Certificate of Deposit aze set forth in an agreement between a copy of which is enclosed for your reference only. As indicated by the terms of the agreement, you are to deliver the funds to the Town upon the delivery by the Town to the Bank of the Certificate of Deposit and a copy of a letter purportedly exected by the Town a specimen copy of which is exhibit B to the agreement. You may conclusively rely on such letter in making payment on the certificate of Deposit without inquiry as to whether or not facts set forth therein are true or have occurred. I agree to indemnify, defend and hold you harmless from and against any and all costs, expensies, claims, and liability, including but not limited to attorneys fees azising out of this transaction. Very truly yours, Thornton E. Smith resUthortobaJ[r EXHIBIT C North Fork Bank 245 Love Lane Mattituck, New York 11952 Re:Thornton E. Smith/Town of Southold Subdivision Improvement Security Agreement Certificate of Deposit Number: Deaz Sirs: This will confirm that the Town Boazd for the Town of Southold has resolved that Thornton E. Smith is in default of his commitments under the referenced agreement and has directed the delivery of this letter and the Certificate of Deposit and demand the funds held by the bank with respect thereto. This will confirm that Thornton E. Smith has been given the required thirty day notice of default. Please issue the funds in the form of a bank check payable to the Town of Southold. Town of Southold By: resUthorotoU[r Inn.:! r-...--~ r-...--. ~..r..--...--.. ..r- ~ .-,.r- wqT~+4a,,^.'"'.,~..tCJ'^"~-."~:'ca'~y~:_"4~..!',~"3.i-.~~' .a~~``~.-~'t~ay.`r 5~"~. ~}~a.'.7-^~i-'~ t~.c.~. r-i~,-'s'y~c,,.~_.a,.. "lFr.. ~t 3 ytH ~ 9 t.. 2 ' w...rt s g ty: em aR... C +Ra +%s ' ~A "k 3?E m . ak.~s~ I ,~j, .f ~ V.:. f if ,_1':., ~4f V._...1 f l : Y-.:.. l , .~^f f l f f V L.... 1'~ _1.:..' _ r= 1; ~!©9~Ti-3 _.-.-~ERT'=I~:j,TE'OFDEPflSiT ~ ~E} r}''~ 7 MTH STi1T CD>100-aPEC 1ST NAT iyc., rU~K NDN TAANSF_aABI= r 5 f' ~ BRANCH d4P DATE 74- I THDRNTON c SMITH ~ is 3T~}+%~ NAME(S) ACCOUNT NO. ~~~nn!L1~ ~ Q L{'_, ~~j~, 3 AMOUNT 5 ~ COLLATcRAL HOLD FOR SOUTHOLD TOWN '~s~ ADDRESS DCNIiI TrIF L-'e7 TTT:\1 OC: Cu C. F:fM MATURITY DATE ~ ~-1 P-C- t{~^ n_ } L c ''i{- SOUTHOLD T~7WN ~cf~}i n, con S'K_=y 4/, ?Ot, r+JO't1C r10 1 gNNUAI INTEREST RATE ~i.~ ? Plandome NY 110~ { BANK REPRE EOT301VE SIGNATURE 1I f ' 1~ OFFICER ~ L CC { t Mpmp9f FDIC w{:' >1 ,-v:.,:~:`~~ •c_-.%>~„i •-.:rte ~."i::_ .`.~i.. S:.` ~ ~.::z ~-`.w~ ~ \p • • ~\i O~QgUFFO~,~c rnJSv O JUDITH T. TERRY Dy Town Hall, 53095 Main Road TOWN CLERK H - P.O. Box 1179 v. T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (516) 765-1523 RECOR S MANAGEMENT OFFICER y~0 ~ Telephone (516) 765-1500 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 15, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Subdivision Improvements Security Agreement between Thornton E. Smith and the Town of Southold whereby the Town accepts, in lieu of a performance guarantee for roads and improvements in the major subdivision of Thornton Smith, Section 2 at Mattituck, N.Y., a Certificate of Deposit issued by the North Fork Bank in the amount of $115,353.00 with language on the face thereof that the Bank holds the funds subject to a collateral hold in favor of the Town together with the Mr. Smith's letter of instruction to the North Fork Bank directing the Bank to pay to the Town the funds upon the Subdivider's default and the satisfaction of certain other conditions as set forth in the agreement; said agreement all in accordance with the approval of the Town Attorney. Judith T. T Southold Town Clerk April 16, 1997 ~'pR ~ 7 APR i 7 SUBDIVISION IMPROVEMENTS SECURITY AGREEMENT AGREEMENT by and between Thornton E. Smith, (hereinafter the "Subdivider"), of 44 Brookside Drive, Plandome, NY 11030, New York, and the Town of Southold, (hereinafter the "Town") a municipal corporation of the State of New York, in the County of Suffolk, with offices at 53095 Main Road, Southold, New York 11971 WITNESSTH WHEREAS, the Subdivider has applied to the Planning Boazd of the Town of Southold for the approval of a subdivision entitled "Thornton Smith, Section 2" and the Plannning Board has required as a condition of final approval that certain improvements listed on exhibit A be completed or that a performance guarantee be obtained by the Subdivider to cover the cost of and to insure the completion of the improvements; and WHEREAS, to insure the completion of the improvements the Subdivider has requested that the Town accept, in lieu of a performance guarantee, a Certificate of Deposit issued by the North Fork Bank ("Bank") in the amount of One Hundred and Fifteen Thousand Three Hundred and Fifty Three ($115,353.00) Dollars with language on the face thereof that the Bank holds the funds subject to a collateral hold in favor of the Town together with the Subdivider's letter of instruction to the North Fork Bank, a copy of which is exhibit B hereto "Withdrawal Letter", directing the Bank to pay to the Town the funds upon the Subdivider's default and the satisfaction of certain other conditions as set forth herein which instruction the Bank is authorized to honor upon receipt by the Bank of a letter purportedly from the To«n, a specimen copy of which is exhibit C "Instruction Letter", representing that a default has oc:: ~.irre:i nd the other conditions have been satisfied, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The Subdivider shall obtain a Certificate of Deposit from the North Fork Bank in the amount of $115,353.00 for a term of seven months which will contain on the face thereof that the funds are held subject to a collateral hold and will not be released without written authorization purportedly signed by the Town and the Subdivider shall deliver the Certificate of Deposit to the Town Attorney together with the executed Withdrawal Letter. So long as the Certificate of Deposit is held by the Town as security for the completion of the improvemenu. the Subdivider shall direct the Bank to roll over the Certifcate of Deposit at the prevailing rate for a similar term. 2. The Subdivider shall complete the improvements listed on exhibit A on or before such date as the Planning Boazd shall direct. 3. upon the recommendation of the Town Engineer to accept the completed improvements and upon the adoption of the recommendation by the Town Planning Boazd and the Town Boazd accepting the improvements the Certificate of Deposit and the Withdrawal Letter shall be returned to the Subdivider and the Town shall give the Bank written authorization to release the funds to the Subdivider. 4. If the Subdivider fails to complete the improvements to the satisfaction of the Town as set forth in paragraph 3 hereof on or before the date set forth in pazagraph 2. then the Town may, subject to the provisions of this paragraph, declaze the Subdivider to be in default, The Town shall give the Subdivider thirty days prior written notice by registered L.S. mail sent to the Subdivider's address set forth above of the Town's intention to declaze the Subdivider in default and draw upon the Certificate of Deposit. Upon a declaration of default of the Subdivider. the Town, upon a resolution of the Town Board. may drag upon :::^,e C~rtitlc~tz Deposit by delivering to the Bank the Certificate of Deposit and the Instruction Letter, purportedly executed by the Town. Upon receipt of the proceeds of the Certificate of Deposit, the Town may enter upon the lands shown upon the Subdivision Plat and install the improvements set forth on exhibit A as aze covered by such security and as aze commensurate with the extent of development that has taken place, but not exceeding in cost the amount of such proceeds. Upon the completion of the improvements by the Town any excess monies not expended and the interest earned thereon shall be reimbursed to the Subdivider. 5. The Town and Subdivider hold the Bank harmless except for acts of gross negligence and the Bank may conclusively rely on the documents purportedly executed by the Town or Subdivider without regazd to the genuineness of any signature, the authority of any entity, or the truth or occurrence of any fact or matter. Thornton E. Smith ~~~/y/%J Town of Southold By. ~ C~ Je i W. Cochran, Supervisor rest.thortolsec April 15, 1997 _ _ _ ~~S~FfO(~-~ OG, JUDITH T. TERRY J~~=O y~~. Town Hall, 53095 Main Road TOWN CLERK x P.O. Box 1179 ~*r Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 4 ~ ~ Fax (516) 765-1823 MARRIAGE OFFICER ~'tJ0 .DO~• ~ Tele hone (516) 765-1800 RECORDS MANAGEMENT OFFICER Op.. 1 ~ ,y'Y- p FREEDOM OF INFORMATION OFFICER ~:c=- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 1, 1997: RESOLVED that the Town Board of the Town of Southold hereby approves the reduced bond estimate from 5189,675.00 to 5115,353.00 for roads and improvements in the major subdivision of Thornton Smith, Section 2 at Mattituck, New York, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. Judith T. TerrryG%~~ Southold Town Clerk April 2, 1997 ~ , 16C...,, A t,..; 6"=,-,~ - 4= 'e-a' 3:ZY?M1l 5 6[oa0[o„ 5 11~e[y a ' ~ ~ufroc,~. ~ RAYMOND L. ]ACOBS ~ o~ ]AMES A. RICHTER, R.A. SiJPERINTENDEN7 w~ ENGINEERING INSPECTOR SOII:fiC~ TOWN I_riWAY ~E27.R :'E:vT ~ ~ 28C0:7I, :.AbiE, ?S'CONIC, N.:. :ax. (51'0)-765-1750 y'!;'~! y ~.DO~ :cl. (516)-?65-3070 OFFICE OF ?THE ENGINEER TOWN OF SOUTHOID MEMORANDUM TO: MELISSA SPIRO FROM: JAMIE RICtiTE a. - - t~ J 'i SUBJECT: THORNTON SMITH Subdivision Section Z. Mattituck, N.Y. ~ 7 -J i DATE: March c7, 1997 : Enclosed please find a revised bond estimate for the above referenced subdivision. In general, the required construction of the original bond items have either been totally completed or not started. The following bond items are the exception to this statement and are explained as follows: Item # 3. The fine grading for the aggregate base course has not been completed. Surveyors only recently re-surveyed the road to re- establish grade stakes that have been removed or broken during construction. Swales within the proposed road shoulder areas have not been constructed. Fine grading of the swale areas will be needed to ensure proper function of the drainage system. Item # 16. The casing for the fire well has been installed. I have not credited the bond with work done on this item due to the requirement that the Fire Department is responsible for the approval ~ acceptance of the completed Well. If you have any questions concerning this revised Bond Estimate, please contact my office. = ST"^ c= 2-~' ~ 4:21"r hl 716263u23~~ _ T6o1,75~y is 1 s ~gUFF~(,~.c • RAYMOND L. )ACOBS ~,~e JAMES A. RICHTER, R.A. SI;PE:'<1N ~ cNCENT v ` ? ENGINE?RlNG iNSF~ECTOR 3C~_zC:_° '-'^nZ+ r=Gi-n7~ 7s3r.4"^'r\_ ~ M' s~CChZC PcCOYTC, v,y. y ~ ~a ?aY. (515}-?0,-.750 ~'lj'~l O~'~y ;ai. (515)-765-3C70 OFFICE OF 'i'HE ENCINE=1Z TOWN OF SJUTHOC.D R.°vlsm scrr~ ssx~~ FOR TfiORN^_'ON ~IT3, SECTIOly' 2 ?.I' MAT'~ITIICS, TCWN vE' SOL"I'HCL7 SCT*S i# 2000-213-07-19.20 SCTM I000-121-01 - 2.1 March 2i, 1997 O1ZG^~:1PaL ?~"..a~.r-i\T S n"VRR ='LeM CL7N'-"~^. ]~S.^.t:?^.•IO.t '?CNC :NLCN'.' rrnrvr_~en o~T*rrA7r_ 2?.2 AC.ic CC.:.~e?.~.7G > _Z^.33iVG 5 a,;00.uC .G7 O.OC .^.:C.,w55_ a.7 _Cd a.'~. c~0.J0 _70 O.OC 3. _G,SCC 5.:, r:~ Gi.^.aD7E 20.250. GC a5 15,:98.00 4. s ~c --:.C:i~G sc::_c zz,5rc.GO .7n c.oe 3. 1 =aC:: '-"_nNr~L' 507.00 :CC O.CC _RC5 3'J931~ SA5 1 2, 5:O.GC :70 J[00 557 AD: y-.c 7.?g 1?, x50.07 .Cu J.00 3- C.:. 3.?-iAd ?40.J0 J i40.0C SDS F:.C?VG: 9. ; i. C.Y. BC.: ..7;7C:u?r 3ASE ' 4, 250.OC i±, _50.0;. .u. a.o rcvs 7~~.= 7v cccass asaaar,: 3?, 3C0.00 C _ , 9C7.GG • 1 _aca s-a,_. :._Ga-s 2.oeo.7o G Z,cac.Gc ~c,s?o s.:. rceso_s. s s-,D 2?_,:?~.7c o a7,;7s.oo .a ~ ca:7caETt s~r.Y mc7r~~rs _,:c7.co o :,eao.oo 3 snca s=~-^ s~rxs aco.cc c aoo.co .S• ~ :'-a* r.s,ooc.oo o ?.s,ooo.oc ?ACSB^';CN ~E T311c: ~C 000.0C 50 SCO.OG C?._G_rai, 3crr7 ^c-?~ s 1:$c,6?5,00 ~c.~r s?1.,3i3.C0 a.]N?`:DS:'?A2:GY c'ai. _ 1'_,150.50 3C@7D .~'sgP.~tED (3/27/47} - EXHIBIT B North Fork Bank 245 Love Lane Mattituck, New York 11952 Re: Thornton E. Smith/Town of Southold Subdivision Improvement Security Agreement Certificate of Deposit Number: H Z3 OOL, 66'/9 Deaz Sirs: This will confirm that I have obtained the referenced Certificate of Deposit from the North Fork Bank for delivery to the Towm of Southold to act as security for the completion of certain improvements with respect to my subdivision entitled "Thornton Smith, Section 2". The terms under which the Town holds the Certificate of Deposit as security and the procedure by which the Town may draw upon the Certificate of Deposit are set forth in an agreement between a copy of which is enclosed for your reference only. As indicated by the terms of the agreement, you are to deliver the funds to the Town upon the delivery by the Town to the Bank of the Certificate of Deposit and a copy of a letter purportedly exected by the Towrt a specimen cop}' of which is exhibit B to the agreement. You may conclusively rely on such letter in making payment on the certificate of Deposit without inquiry as to whether or not facts set forth therein are true or have occurred. I agree to indemnify, defend and hold you harmless from and against any and all costs, expensies, claims, and liability, including but not limited to attorneys fees arising out of this transaction. Very trulycy~ours, Thornton E. Smith /~1 resUthortobaJtr EXHIBIT C North Fork Bank 245 Love Lane Mattituck, New York 11952 Re:Thomton E. Smith/Town of Southold Subdivision Improvement Security Agreement Certificate of Deposit Number: y Z 3 00 Z ~P /C Deaz Sirs: This will confirm that the Town. Boazd for the Town of Southold has resolved that Thomton E. Smith is in default of his commitments under the referenced agreement and has directed the delivery of this letter and the Certificate of Deposit and demand the funds held by the bank with respect thereto. This will confirm that Thomton E. Smith has been given the required thirty day notice of default. Please issue the funds in the form of a bank check payable to the Town of Southold. Town of Southold Bv: resUthoro[atJtr _ _ _ 3.~.. . ~E.. • i~-,.,rsA~j~.~--~. "',fie ~ .:~sl` ~I n i--~. ~0~^'N^~/i~`T~+'h~ ~~-IbyRy f~°n~t%'9^k~}~""~;i~aAq+%~ 3,~]+ s .nhy r ~I ~ NOR~,H CERTIFICATE OF DEPOSIT 7 MTH ST~1T CD>100-SPEC 1ST NAT NONTRANSF=RABLE w' i ~t3RK BRANCH I14~ DATE n4-t4-~7 r'^~ > 3A7VK~ ' THORNTON E SMITH ~ ACCOUNT NO. ~+~~~~~5B i Q s riI ~ AMOUNTS 1 ' r+ 7~'i'7 nn {~f,~. h WLIATERAL HOLD FOR SGUTHOLD TOWN i~ )a AOORESS TM ~ iTT~` p~~ G~C~ F'anM MATURITY GATE . SOUTHOLD TOWN ~K ry ni aorl ~ ANNUAL INTEREST RATE p4{, Plandome NY 110 I',, ` • ¢1: 1 1 030-1 405 ~ ~ Lv1rV~^-~ GFFICER+ s"Q RANK REPRESENTATIVE SIGNATVRE MNnbes FDIC k2 i 1 _ .x, .y „~..d,~ r t+w t x;. r ; ~~y% ~ ..m! s. ~ ,1.~.v3i: ~ . ,,J _r.` = ~ i!. _ P1Di--<' _ 5~,~ ,~s PECONIC LAND TRUST 296 Hamptnu Road, P.O. Box 2088, Southamptoq NY 11969 (5] 6) 283-3195 Pax: (516) 283-0235 Mazch 31, 1997 Ms. Laury Dowd Southold Town Attorney's Office Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Thornton Smith Subdivision- Sound Avenue Deaz Ms. Dowd; Please find enclosed the proposed final draft of the Declaration of Covenants and Restrictions and Road Management Agreement, as well the proposed Draft of the deed to the Roadway (please excuse the typos on this document, as I didn't prepare it). As you may remember, you had commented on the original draft of the Agreement and I have incorporated your suggestions into the Final Draft. Just to remind you the changes you suggested are as follows: 1) I have given the property owners' more power to deterntine the amount of the expenditures on the Road through the presentation of an annual budget for approval under Paragraph G. I think that this pazagraph will address your concern of "taxation without representation" for the servient landowners. 2) I have separated the Declaration of Covenants and Restrictions and Road Management Agreement from the granting of the Easement. As you can see, the Easement has been reserved in the Deed to the Road for the Landowners. 3) I have changed the voting procedure for approval of vazious provisions to limit Thornton Smith to one vote irrespective of the number of lots he owns. In addition to the above mentioned changes, I have redrafted the document to create an overall stronger and efficient document. I would appreciate your insight into whether or not this document will meet with the Town's approval. We are currently under a deadline, and would like to receive Final Approval on or about Apri130, if possible. To further complicate matters, Thornton Smith will be in the Middle East in three weeks, so I would like to cleaz up as many matters as possible before he departs. Please feel free to contact me at the above number if you have any concerns. I will be in contact with you shortly about this project. Thank you for your time and I look forwazd to successfully completing this project with the Town of Southold. Sincerely, Q~~ Richard A. Hammer, Esq. Project Assistant r f m~ j APR - 11997 ' 7G, .r t_........... • Declaration of Covenants and Restrictions FINAL DRAF1 and Road Management Agreement This Declaration is made this _day of , 1997 by Thornton E. Smith residing at 44 Brookside Drive, Plandome, New York 11030, (hereinafter referred to as "Declazant"). Contemplated by, and necessary for this Declaration is Peconic Land Trust, Incorporated, a New York not-for-profit corporation having its principal office at 296 Hampton Road, Southampton, New York 11968, (hereinafter referred to as "PLT"), known collectively as the "Parties". WITNESSETH: WHEREAS, the Declazant has currently received Conditional Final Approval on a subdivision application made to the Town of Southold for a pazcel of property located within the Town of Southold consisting of approximately 80 acres of undeveloped land (hereinafter referred to as the "Property"), more fully described in Schedule A attached hereto; and WHEREAS, one of the conditions of receiving Final Approval on the proposed development plan is the implementation of a roadway management Declaration that will provide an efficient and enforceable mechanism for road maintenance and management of the common right-of-way servicing the six (6) residential lots; and WHEREAS, Declazant has utilized the services of PLT in designing and implementing a conservation development plan for the above mentioned 80 acre parcel, thereby reducing the allowable density on the property from a maximum yield of 341ots to its present level of 6 residential units; and WHEREAS, Declazant wishes to encumber the proposed six (6) residential lots, more fully described in Schedule B attached hereto (hereinafter referred to as the "Development Area", with the covenants and restrictions contained within this Declazation and to agree to the following strategies and mechanisms contained herein for the successful and efficient administration of the purposes of this Declaration; and WHEREAS, in furtherance of these purposes, Declarant has deeded a portion of the property consisting of 2.76 acres, located in the Town of Southold, Suffolk County, New York, more fully described in Schedule C attached hereto (and hereafter referred to as the "Roadway") to PLT subject to a retained right-of-way, and said Roadway was accepted by the Board of Directors of said corporation at a meeting held on Apri17, 1997 and WHEREAS, Declazant desires to utilize PLT as the Roadway Manager to administer the caze and maintenance of the Roadway for the benefit of the six (6) residential lots; and WHEREAS, PLT holds an easement for drainage purposes of the above mentioned Roadway upon a portion of Lot 4 and Lot 5, shown on, and more fully described in Schedule D attached hereto (hereinafter referred to as the "Drainage Easement") which contain covenants and duties for the proper maintenance thereof; and WHEREAS, PLT is a qualified not-for-profit charitable organization under Section 170(h)(3) of the IRC of 1986, and PLT has the necessary experience and resources to cazry out the duties and responsibilities under this Declaration; and 1 - WHEREAS, the Parties have determined it to be desirable and beneficial to enter into this arrangement through this Declaration for the purpose of imposing these covenants and restrictions upon the Development Area to assure the orderly and attractive development of the Property, and to protect and maintain the environmental integrity of the Property; and WHEREAS, the Parties desire to construct a Roadway, under the terms of this Declazation, to provide ingress from, egress to and regress between the residential lots and Bergen Avenue for the benefit of both Parties and the Development Area as a whole; and WHEREAS, the Parties desire and agree that PLT is to be designated as the Roadway Manager for said Roadway, and PLT shall manage, administer, maintain and operate the road, greenways, buffers and all azeas of the Roadway during the term hereinafter set forth in accordance with the provisions of this Declaration; NOW THEREFORE, THIS DECLARATION WITNESSETH: That the Declazant, for purposes of carrying out the intentions above expressed, and also in consideration of the foregoing recitals, Ten Dollazs ($10.00) and other good and valuable consideration, the receipt and sufficiency of which aze hereby acknowledged, does hereby make known, admit, publish, covenant and agree that the lots within said subdivision map shall hereafter by subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: A. Definitions For purposes of this document, the following terms, as used in this Declazation, shall have the meanings indicated, unless the context clearly requires otherwise: 1. Lot Owner(s)- Person or persons who holds fee simple ownership of one of the residential lots shown on the Final Plat, Thornton Smith Section 2 (attached hereto as Exhibit A), not to exceed six (6) lots as mentioned above. This Declazation and its terms and conditions shall be binding on Lot Owner(s), their successors, lessors and assignees. As contemplated by this Declazation, Thornton E. Smith currently holds all six residential lots shown in Exhibit A, but will release ownership interests in the Lots as they are sold to qualified buyers. 2. Roadway Manager- Person or Persons responsible for duties relating to the management and maintenance of the Roadway under this Declazation. 3. Development Area- Tenn used to refer to land aggregate of Lots Four (4) through Nine (9) as designated on Exhibit A for purposes of the Declazation. The Development Area contains the residential lots that aze intended to be burdened with the covenants and restrictions contained within this Declaration. B . Permitted and Prohibited Uses- Roadway 1. The Roadway shall be used by the Lot Owner(s) subject to the following restrictions: 2 A. When servicing, installing or maintaining utility and service lines along the Road, Lot Owner(s) shall have his/her agents, employees, contractors, subcontractors and other representatives use reasonable care not to damage the Roadway by disturbing the surface of the Roadway or disturbing the shrubbery or other landscaping, and the Roadway shall be returned to its original condition when work was commenced by the Lot Owner(s). B . The Roadway shall not be used for dumping or abandoning of any waste or debris on or along its length. C. No construction or installation of any structures of any kind, permanent or otherwise (including but not limited to gates), may be made without prior written consent of the Roadway Manager, as defined by this Declaration. D. The scenic view afforded by the Roadway shall not be impeded or obstructed by any construction, installation or landscaping activity connected in any way with a Lot Owner(s). C . Maintenance and Management of Roadway 1. Lot Owner(s) hereby covenant, agree and publish that PLT shall manage, administer, maintain and operate the Roadway in accordance with the provisions of this Declazation. PLT agrees to provide yeaz-round management of the Roadway as a right-of-way in accordance with normal, customary and responsible management practices currently in use, subject to other provisions of this Declazation, and subject to the provisions of the code of the Town of Southold covering highway/road specifications. These practices include, but aze not limited to: (a) The routine maintenance of the Roadway in all respects, including litter collection, snow plowing, landscaping and maintenance of greenways and the cul-de-sac in an aesthetically pleasing manner, and to repair the paved azeas as necessary to keep the Roadway in good and working order. (b) The use of such agents, personnel, subcontractors, or employees deemed by PLT to be reasonably necessary to carry out PLT's responsibilities under this Declaration. Such personnel shall for all purposes be deemed agents, subcontractors and/or employees of PLT and there shall be no relationship created between Lot Owner(s) and any such personnel for these purposes. (c) The maintenance of the Drainage Easement, in good working order, as described in Schedule D, for the benefit of the Development Area as a whole, including, but not limited to, the repair and replacement of the drainage structures on the described portions of Lot Four (4) and Lot Five (5) to insure proper drainage of the affected area. 2. PLT agrees to maintain in effect at all times during the term of this Declaration a policy of public liability insurance having a face amount not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Roadway management costs as stated in paragraph D, below. 3. In addition to the insurance provided above, PLT shall be named as an additional insured on individual homeowner policies contained in the Development Area. 3 D. Roadway Management Costs I . As the Roadway Manager operating to benefit the Lot Owner(s) in the Development Area, PLT, in its sole discretion, shall: (a) Prepare an annual budget and apportion to Lot Owner(s) in the Development Area an equal share of the costs of managing the Roadway on a yearly basis (hereinafter referred to as Maintenance Costs), including, but not limited to costs of administration, taxes, insurance, maintenance and repair of the Roadway and its appurtenant Drainage Easement. PLT shall present its proposed annual budget to the Lot Owner(s) for approval in accordance with Paragraph G of this Declaration. PLT agrees to implement a policy for the collection of such Maintenance Costs that will operate to insure such Maintenance Costs are collected from the Lot Owner(s) including, but not limited to, the registration of a lien on the Lots for uncollected Maintenance Costs. PLT also has the ability to impose penalties or fines upon the delinquent Lot Owner(s) for failure to make such payments. (b) Maintain a "Reserve Fund" for extraordinary repair and replacement of the Roadway. Money for the Reserve Fund shall be placed in anon-interest bearing account and held sepazately from the general funds. The annual Reserve Fund fee for each lot shall be $ based upon the attached Draft Bond Estimate, hereinafter referred to as "Exhibit B" and shall be computed by the estimated payments from each of the Lot Owner(s) that would be necessary to reach the appropriate sum over a ten (10) yeaz period. (c) In the event that sufficient funds aze not available in the above mentioned Reserve Fund, PLT may recommend a Special Assessment in the event of an unforeseen extraordinazy expense. Such Special Assessment must be approved by a simple majority of Lot Owner(s). Once approved, notice must be served by PLT or its agents or assigns in writing, outlining the amount of the Special Assessment and the reasons therefore. All Lot Owner(s) so assessed shall be obligated to promptly pay the amount of the Special Assessment to PLT, its agents or assigns. 2. The Lot Owner(s) hereby covenant that each subsequent owner of any such Lot, or portion of a Lot, by acceptance of deed, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay PLT, its agents or assigns, the Maintenance Costs, Reserve Fund fee, and Special Assessment as detailed in paragraph D(1) above. Each of the Maintenance Costs, Reserve Fund fee and Special Assessment shall also be the personal obligation of the person who was owner of the Lot at the time the assessment became due. E. Terms of Payment 1. All Maintenance Costs and Reserve Fund fees as outlined in pazagraph D(1)(a),and D(1)(b) above, and Special Assessments, as detailed in paragraph D(1)(c) above, shall be billed to the Lot Owner(s) in their proportionate shaze, and shall be required to be paid within thirty (30) days after the date of the bill submitted by PLT or its agents or assigns. Said costs and funds shall be billed on or about July 1 of every 4 year. Maintenance Costs may be payable in semi-annual or quarterly installments at the Lot Owner(s) annual election. If the Lot Owner(s) desire to exercise this option, they must notify PLT in writing within thirty days (30) of the date that said bill was mailed to Lot Owner(s). 2. The Lot Owner(s) shall comply with the terms of this Declazation as the same may be lawfully amended from time to time. In the event that any Lot Owner(s) fails to comply with the terms set forth herein, or any amendment herein, within thirty (30) days after notice of violation is given by PLT, then PLT, its agents or assigns, shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declazation. F. General Provisions 1. This Declazation may not be repealed, vacated or amended without the written approval of PLT, its agents or assigns and the written approval of the Lot Owner(s) of at least three (3) Lots. This Declaration and any amendments hereto shall become effective upon recordation in the Suffolk County Clerk's Office, New York. 2. In case any provision of this Declaration shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. 3. The provisions contained in this Declaration shall be deemed covenants running with the land, and shall be binding upon and shall inure to, the benefit of the Lot Owner(s) of the Development Area and their heirs, assigns, successors and legal representatives. 4. The rights and responsibilities stated in this Declaration shall not lapse or be deemed extinguished by violation or by non-use. 5. For all purposes of this Declaration, Thornton E. Smith or his designated agent or assignee, shall be considered a Lot Owner(s), but shall only be entitled to one vote in matters that aze to be submitted for a vote by Lot Owner(s). 6. All notice required under this Declazation shall be to the Lot Owner(s)' address within the Property, unless other arrangements have been made by the Lot Owner(s). Notice shall be deemed effective when mailed. Posting of Lot Owner(s)' property within the Development Area in a method reasonably calculated to provide actual notice shall be sufficient under this Declazation, and shall be effective as of posting. G . Approval of Annual Budget 1. PLT, or its successors or assigns, shall prepare an annual budget for the Roadway Management Costs, as outlined in Paragraph D. Said budget shall be prepazed and mailed to Lot Owner(s)' at their last available address. After said budget is mailed, Lot Owner(s) shall have 30 days to vote to approve or reject said proposed budget. If this power is not exercised within thirty (30) days, said vote shall operate as a vote for approval. 5 2. The annual budget must be approved by a simple majority of all Lot Owner(s). In the event of a tie, the Roadway Manager shall provide a thirty (30) day comment period for all Lot Owner(s) to comment on the proposed budget. The Roadway Manager shall then prepaze a Revised Budget which shall be mailed to the Lot Owner(s) as detailed above. In the event of a tie vote with regard to the Revised Budget, the Roadway Manager shall be entitled to a single vote. H. Assignment 1. The rights, duties and provisions of this Declaration aze designed to be appurtenant to the real property within the Development Area and for the benefit of the Lot Owner(s). As such, the Lot Owner(s) shall not be permitted to assign these rights, duties and privileges to any party wherever situated. However, a party in possession of any property through rental or otherwise shall be deemed an agent for the Lot Owner(s) for all purposes, and must abide by the terms of this Declaration. However, the Lot Owner(s) shall be the party ultimately responsible for payment of Special Assessments, Reserve Fund Fees and Maintenance Costs under this Declaration. 2. As the Roadway Manager, PLT retains the right to assign its duties, privileges and rights contained in this Declazation to a third party that is qualified and willing to perform the duties of the Roadway Manager in this Declazation. PLT may assign its duties and obligations under this Declazation while still maintaining ownership of the Roadway, and any other real property that it may hold in fee or otherwise. If PLT exercises this option, it must: (a) Provide notice (pursuant to Paragraph F, supra) to Lot Owner(s) of PLT's decision to exercise this option at least thirty (30) days prior to beginning a selection process. (b) Provide Lot Owner(s) with the option to select a suitable Roadway Manager, including but not limited to the formation of a property owners association or other arrangement as detailed in Pazagraph (I) below. (c) Provide Lot Owner(s) with notice that a Roadway Manager has been selected and provide them with suitable information to allow a smooth substitution of this party for PLT. 3. Upon assignment of PLT's obligations under this Declaration, PLT shall cease to be a party to paragraphs C, D, E and G of this Declazation. PLT may, at its option, retain ownership of the Roadway and the Drainage Easement, without incurring obligation or liability under this Declazation. I. Lot Owner(s) Power of Election 1. The Lot Owner(s) shall have the power and ability to retain a Roadway Manager other than PLT for the Roadway without extinguishing their rights and obligations under this Declaration. For this right of election to vest and become valid under this Declazation, the following conditions must be met: (a) At least four of the Lots must be conveyed to a Lot Owner(s) other than Thornton E. Smith. 6 (b) A simple majority of all Lot Owner(s) must agree to exercise this power. (c) Lot Owner(s) must provide written notice of their intent to exercise this power to PLT by certified mail at the address for PLT stated herein. 2. At the receipt of notice of Lot Owner(s)' intent to retain a Roadway Manager, either through contract or through formation of an organization qualified to fulfill the duties of a Roadway Manager, PLT agrees to act as Roadway Manager for a period of not longer than sixty (60) days to allow Lot Owner(s) to successfully arrange for a new Roadway Manager. 3. In such event that a new Roadway Manager is retained, Lot Owner(s)' and PLT shall be released from obligations incurred under pazagraphs C, D, and E above. However, all other provisions of this Declaration shall remain in force and binding on the Parties and Lot Owner(s), their heirs, assigns, agents and successors. THE WITHIN DECLARATION SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON DECLARANT, ITS SUCCESSORS AND ASSIGNS, AND UPON ALL PERSONS OR ENTTTIES CLAIMING UNDER THEM, AND MAY NOT BE ANNULLED, WAIVED, CHANGED, MODIFIED, TERMINATED, REVOKED OR AMENDED BY SUBSEQUENT OWNERS OF THE LOTS UNLESS AND UNTIL APPROVED BY A MAJORTI'Y OF THE LOT OWNER(S) AND THE CURRENT ROADWAY MANAGER. IN WITNESS WHEREOF, The Declarant above named has executed the foregoing Declaration the Day and Yeaz first above written. By: Thornton E. Smith PLT hereby accepts all rights duties and responsibilities under this Declaration as of the date first written above. Acknowledged, Approved and Accepted: FOR PECONIC LAND TRUST, INC. By: John v.H. Halsey President 7 . State of New York ) SS.: County of Nassau ) On the day of April, 1997, before me personally came Thornton E. Smith, who said that he resides at 44 Brookside Drive, Plandome, New York 11030, to me known to be the individual described in and who executed the forgoing instrument, and duly acknowledged that he executed the same. Notary Public State of New York ) SS.: County of Suffolk ) On the day of April, 1997, before me personally came John v.H. Halsey, who, being by me duly sworn, said that he resides at 496 Majors Path, Town of Southampton, New York, and that he is President of Peconic Land Trust, Incorporated, the organization described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument, and duly acknowledged that he executed the same by authority of the Boazd of Directors of said corporation. Notary Public List of Schedules and Exhibits Schedule A: "The Property" Schedule B: "The Development Area" Schedule C: "The Roadway" Schedule D: "The Drainage Easement" Exhibit A: Thornton Smith Section 2; Final Plat 8 Mar-26-97 06:14P P_02 K: • HuFain mid sale decd with urvenmds pgains Grunlol's AcN CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT=THIS INSTRUMENT SHOl1LD BC USED BY LAWYERS ONLY THIS 1NUENTURE. made the _ day of _ nineteen hundred and Winery-seven BETWEEN TI-TORN"TON C. SMITH, residing ai 44 Brooksite Drive, Ylandome, New York 11372 ,party of the first part and PECUNIC LAND TRUST', 296 Hampton Road, Southampton, New York 1 1969, party of the second part WITNESSE'I'H, that the party of the first part, in consideration of "fen Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel oC land, with the buildings and improvements thereon erected, situaie, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Bergen Avenue, said point bring situate North 32 deg. 34 min. 43 sec. West a distance of 217-89 feet as measured along the easterly side of Bergen Avcnuc from the intersection of the easterly side of Bergen Avenue and the northerly side of Sound Avenue; RUNNING thence North 32 deg. 34 min. 43 sec. West along the easterly side of Bergen Avcnuc a distance oC50.00 feet to Lot l Subdivision Thornton Smith; RUNNING thence along Lot 1 as shown on a certain map entitled "Map of Thornton Smith, Section 1 "and filed in the Ollice of the Suffolk County Clerk on April 24, 1996 as map number 9836 and thence slang Lot 7, Lot S, L•ot 9 and Lot 6, Lot 5, Lot 4 of Section 2 as shown on a certaltt ttlap entitled "Map of Thornton Smitt, Section 2" to be filed in the Ofiice of the Suffolk C'ounly Clerk and thence along Lot 2 on that certain map entitled "Map of Thornton Smith, Section I "the following nineteen (19) courses and distattces: I - North _57 (leg. 25 min. 17 sec. East 675.01:1 feet, 2. along the arc of a curve to the right having a radius of 760.00 feet a distance of 263.77 feet; A. North 77 deg. 18 min. 24 sec. East 50.0(1 feet, 4. along the arc of a curve to the lelY having a radius of 685,(10 feet a (listnnce oC 243-99 Mar-26-97 06: 15P • P_03 ~ • feet; 5. North 56 deg. 53 min. S3 sec. Easl 50.00 feet, 6. along the arc of a curve to the right having a radius of 735.00 feet a distance of 336.63 Feet; 7. North R3 deg. O8 min. 22 sec. East 50.00 fcet, 8. along the arc of a curve to the left having a radius of 6R5.00 feet a distance of 283.12 feet; 9. North 59 deg. 27 min. 3l sec. East 237.23 feet, 10. along rite arc of a curve to the right having a radius of 60.00 feet a distance of 325.42 feet; 11. South 59 deg. 27 min. 31 sec. West 237.23 feet, 12- alcmg the arc of a curve to the right having a radius of 735.00 feet a distance of 303.7R feet; 13. South 83 deg. U8 min. 22 sec. West 50.00 feet, 14. along fire arc of a curve to the left having a radius of G85.00 feet a distance of 313.73 feet; LS. Soutkt 56 deg. 53 min. 53 sec. West 50.00 feet, 16. along fire arc of a curve to the right having a radius of 735-00 feet a distance of 261.80 feet; 17. South 77 deg. 1 R min. 24 sec. West 50.00 feel, 18. along fire aze of a cttrvc to the left having a radius of 710.00 feet a distance vl' 246.61 feet; 19- South 57 deg. 25 min- 17 sec. West 675-00 feet to the easterly side of Bergen Avenue and the point or place of 13EG1NNING C:UNTAIN1NCi art area of 2.767) Acres. SLJA.TF.CT TO a certain Declaration of Covenant and Restriction attd Road Management Agreement by the parry of the first part to be recorded simultaneously with this deed;l'OGET11TI8)2 with fire appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVF, AND TO HOi,D the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the f first part arvenanls [hat the party of the lust part has not done or suffered anything whereby the aid prnnises have been incumhered in any way whatever, except as aforesaid. AND the party of the lirsl part, in compliance with Section 13 of the lien Law a>vnnanta that the party of the Cirst part will receive the consideration frn• this conveyance and tt ill hold the right to Ma. r^-'26-97 06: 15P • P_04 r•~ ~ • receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvcment and will apply the same first to the payment of the cost of the improvement beforc [sing any part of the total of the same for any other purpose. 1N WITNESS 'W11E1tEUF, the party of the First part has duly cxccuted this deed the day and year first above written. In presence of: THURNTUN E. SMITH STA'1'L OF NEW YORK, CUiJNTY OF SUFI~ULK ss: On the _ day of,_.., 1997, before me personally came , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. res V l e `I. Ue s sm i [h 4. d<d 1 • • a~D f% O~OSUFFO(,~c y. ~G JUDITH T. TERRY ~ Town Hall, 53095 Main Road TOWN CLERK f° Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS O ~ Southold, New York 11971 MARRIAGE OFFICER 'j' • 0!~ Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER ~j `~a Telephone (816) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 1, 7997: RESOLVED that the Town Board of the Town of Southold hereby approves the reduced bond estimate from $189,675.00 to $115,353.00 for roads and improvements in the major subdivision of Thornton Smith, Section 2 at Mattituck, New York, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. d~~~G42:GG~tG Judith T. Terry Southold Town Clerk April Z, 1997 J PLANNING BOARD MEMBE• ~gUfFO(,~c p~ OG Town Hall, 53095 Main Road RICHARD G. WARD h~` y c ` P.O. Box 1179 GEORGE RITCHIE LATHAM, JR. y Southold, New York 11971 u- T Fax (516) 765-3136 BENNETT ORLOWSHI, JR. O WILLIAM J. CREMERS y~ ~ p~ Telephone (516) 765-1938 KENNETH L. EDWARDS ~j .ff, ~a PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 1997 Judith Terry, Town Clerk Southold Town Hall Main Rd. Southold, NY 1 1971 Re: Proposed major subdivision for Thornton Smith -Sec. 2 SCTM# 1000-121-1-1.1 8~ 113-7-19.20 Dear Ms. Terry: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 31, 1997: BE IT RESOLVED to adopt the Engineering Inspector's report dated March 27, 1997. BE IT RESOLVED to adopt the revised bond estimate dated March 27, 1997 and to recommend same to the Town Board. The bond estimate is in the amount of $1 15,353.00. The original bond estimate in the amount of $189,675.00 was approved by the Town Board on October 1, 1996. An administration fee of $1 1,380.50 was paid on October 8, 1.996. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr Chairman S enc. PLANNING BOARD MEMBL~ QSUff~(~-C • O~ OG~ Town Hall, 53095 Main Road RICHARD G. WARD h~ y~ P.O. Box 1179 ~ L Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. T Fax (516) 765-3136 BENNETT ORLOWSHI, JR. O Telephone (516) 765-1938 KENNE H L. EDWARDS y~JO # ~a0~' PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 1997 Peri Youmans Peconic Land Trust P.O. Box 2088 Southampton, NY 1 1968 Re: Proposed major subdivision for Thornton Smith -Sec. 2 SCTM# 1000-121-1-1.1 & 113-7-19.20 Dear Ms. Youmans: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 31, 1997: BE IT RESOLVED to adopt the Engineering Inspector's report dated March 27, 1997. BE IT RESOLVED to adopt the revised bond estimate dated March 27, 1997 and to recommend same to the Town Board. The bond estimate is in the amount of $115,353.00. The original bond estimate in the amount of $189,675.00 was approved by the Town Board on October 1, 1996. An administration fee of $11,380.50 was paid on October 8, 1996. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr ~rS Chairman enc. cc: James Richter, Engineering Inspector soF~ot~r ~ RAYMOND L. ~ACOBS 3~~ JAMES A. RICHTER, R.A. SUPERINTENDENT e3 ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT ~ • ~ PECONIC LANE, PECONIC, N.Y. Fax.(516)-765-1750 ~~1 ~ ~~a' Tel.(516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD MEMORANDUM TO: MELISSA SPIRO FROM: JAMIE RICHTE ~ - - SUBJECT: THORNTON SMITH Subdivision Section 2, Mattituck, N.Y. 2 7 ~gg~ DATE: March 27, 1997 € _w_ d Enclosed please find a revised bond estimate for the above referenced subdivision. In general, the required construction of the original bond items have either been totally completed or not started. The following bond items are the exception to this statement and are explained as follows: Item # 3. The fine grading for the aggregate base course has not been completed. Surveyors only recently re-surveyed the road to re- establish grade stakes that have been removed or broken during construction. Swales within the proposed road shoulder areas have not been constructed. Fine grading of the swale areas will be needed to ensure proper function of the drainage system. Item # 16. The casing for the fire well has been installed. I have not credited the bond with work done on this item due to the requirement that the Fire Department is responsible for the approval 8~ acceptance of the completed Well. If you have any questions concerning this revised Bond Estimate, please contact my office. RAYMOND L. JOBS h~°~gUPw~,~~°ay •MES A. RICHTER, R.A. SUPERINTENDENT °w ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT ~ • ~ PECONIC LANE, PECONIC, N.Y. Fax. (516) -765-1750 'y~l ~ ~a0~' Tel. (516) -765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD REVISED BOND ESTIblP.TE FOR THORNTON SMITH, SECTION 2 AT MATTITIICR, TOWN OF SOUTHOLD SCTM # 1000-113-07-19.20 SCTM # 1000-121-01 - 1.1 March 27, 1997 ORIGINAL PERCENT $ WORK ITEM QIIANTIT4 DESCRIPTION 90ND AMOIINT COI+BLETED REMAINING 23.2 ACRE CLEARING S GRUBBING S a`, g00.00 100 0.00 2. 11,300 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 22,'000.00 100 0.00 3. '_3,500 S.Y. FINE GRADING 20,250.00 25 15,188.00 DRAINAGE: 4. 9 EACH LEACHING POOLS 22,500.00 100 0.00 5. 1 EACH MANHOLE 1,500.00 100 0.00 'o. 1 EACH BUBBLE BASIN 2,500.00 100 0:00 7. 663 L.F. 18" ADS N-12 PIPE 13,260.00 100 0.00 8. 3.7 C.°_. RIP-RAP 780.00 0 740.00 SURFACING: 9. 475 C.Y. 4" RCA CONCRETE SASE 14,250.00 0 1q,250.00 10. 630 TONS WEARING COURSE ASPHALT 37,800.00 0 37,800.00 11. 1 EACH STREET LIGHTS 2,000.00 0 2,000.00 12. i0, 990 S.Y. TOPSOIL 6 SEED 27,975.00 0 27,975.00 13. 18 EACH CONCRETE SURVEY MONUMENTS 1,800.00 0 1,800.00 14. 3 EACH STREET SIGNS 500.00 0 600.00 15. 1 EACH FIRE WELL 15,000.00 0 15,000.00 16. JOB MAINTENANCE & PROTECTION OF TRAFFIC I, 000.00 50 500.00 ORIGINAL BOND TOTAL S 189,675.00 CIIRRENT 5115,353.00 ADMINISTRATION e'E $ 11,3$0,50 BOND REQIIIRED (3/27/97) Su,F~ PECONI~AND TRUST ~ P%3 296 Hampton Road, P.O. Boz 2088, $out6ampton, NY 11969 (516) 283-3195 Fax: (576) 283-0235 January 31, 1997 Ms. Melissa Spiro Southold Town Planning Department Southold Town Hall PO Box 11 79 Southold, NY 11971 Re: Thornton Smith, Section #2 Dear Melissa: Enclosed, please find our final draft of the Road Management Agreement for the above referenced property. While nearly the same as the previous document forwarded to you, we have honed it slightly and hope that this draft will be acceptable to the Planning Board and the Town Attorney's Office. As before, I will leave it to your office to forward a copy to Laury Dowd. As the deadline for Thomton's final approval approaches, I am sure we will be in frequent contact. If you have any questions or comments, please feel free to call the office. Thank you for your assistance. Sincerely, ~~~L (-Y Peri L. Youman Project Assistant Enclosure cc: Daniel Ross, Esquire Thornton Smith ~w' a ,=i ~ t ~ ` ( Q~ f FEB 3 "~ii7 r a r , > __.~__,._l • • Deed of Road Access Easement and O~ ~~l Declaration of Covenants This Easement and Declaration is made this day of , 199 The Parties to this Agreement are residing at , (hereinafter referred to as "Lot Owner")and The Peconic Land Trust, Incorporated, a New York not-for-profit corporation having its principal office at 296 Hampton Road, Southampton, New York 11968, (hereinafter referred to as "PLT"), known collectively as the "Parties". WHEREAS, the Lot Owner is the owner in fee simple of acres of certain real property located within the Town of Southold, Suffolk County New York, more fully described in Schedule A attached hereto, (hereinafter referred to as the "Lot(s)"); and WHEREAS, a map of the Property of Thornton E. Smith Section 2 (attached hereto as Exhibit A) consists of six (6) lots, of which the Lot Owner is the owner of Lot(s) numbered ;and all the lots together comprise what is hereinafter referred to as the "Residential Community", and the "Lot Owners" designate the individuals or other parties holding ownership of all lots within the Residential Community; and WHEREAS, PLT is the owner in fee simple of 2.76 acres of certain real property located in the Town of Southold, Suffolk County, New York, more fully described in Schedule B attached hereto, (herein referred to as the "Roadway"). Furthermore, PLT is also the owner in fee simple of 13.4 acres of real property located within the Town of Southold, Suffolk County, New York, more fully described in Schedule C attached hereto (hereinafter referred to as the "Park Area"). Collectively, the "Lots", the "Roadway" and the "Park Area" aze hereinafter referred to as the "Property"; and WHEREAS, PLT is a qualified not-for-profit charitable organization under Section 170(h)(3) of the IRC of 1986, whose primary goal is the preservation of farmland and open space for the benefit of the public at lazge; and WHEREAS, PLT holds a Conservation Easement on the "Lots" which was granted to the organization on January 26, 1996 and recorded at the Suffolk County Clerk's Office on February 15, 1996 by Liber 11762 cp 414; and WHEREAS, PLT holds an easement for drainage purposes upon a portion of Lot 4 and Lot 5, shown on, and more fully described in Schedule D attached hereto (hereinafter referred to as the "Drainage Easement") which contain covenants and duties for the proper maintenance thereof; and WHEREAS, the Parties recognize the value and special character of the region in which the Property is located, and the parties have in common the purpose and objective of protecting and conserving the present state and inherent tangible and intangible values of the Property as an aesthetic, scenic and open resource; and WHEREAS, the Parties have determined it to be desirable and beneficial to enter into this Agreement for the purpose of imposing these easements, covenants and restrictions to assure the orderly and attractive development of the Property, and to protect and maintain the environmental integrity of the Property; and WHEREAS, the Parties desire to construct a Roadway, under the terms of this Agreement, to provide ingress from, egress to and regress between the Lot(s) and Bergen Avenue for the benefit of both Parties and the Residential Community as a whole; and 1 WHEREAS, the Parties desire and agree that PLT is to be designated as the manager for said Roadway, and PLT shall manage, administer, maintain and operate the road, greenways, buffers and al] azeas of the Roadway during the term hereinafter set forth in accordance with the provisions of this Agreement; NOW THEREFORE, in consideration of the foregoing recitals, Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties declaze that the Roadway depicted on Exhibit A and described in Schedule B shall be held, transferred, sold, conveyed and used subject to this Agreement hereinafter set forth. All the provisions of this Agreement shall, as to the Lot Owners, their heirs, successors and assigns, operate as covenants running with the land for the benefit of the lot and all lots within the Residential Community and their respective owners. A. Permitted Uses 1. PLT hereby grants to the Lot Owner, his/her heirs, executors, administrators, successors and assigns as owners of Lot(s) # on a map known as Lands of Thornton E. Smith Section 2, a mutual, non-exclusive, perpetual easement over and across the Roadway for the purpose of pedestrian and vehiculaz ingress from, egress to, and regress from Bergen Avenue. 2. Furthermore, the Lot Owner, his/her successors, assigns, agents, employees, contractors and subcontractors, is hereby granted a mutual non-exclusive easement over the Roadway to construct, install, maintain, repair, service, alter, extend and replace utility service lines providing services to the Lot Owner. This easement shall also extend to any public or private utility company providing services to the Residential Community of said Lots. 3 . The Lot Owner, when installing, maintaining or otherwise servicing utility and service lines, shall have his/her respective agents, employees, contractors and subcontractors, and other representatives: (i) use reasonable care not to damage the Roadway; (ii) minimize the disturbance of shrubbery and other landscaping along the Roadway; and (iii) upon completion of repair or maintenance, restore the Roadway to the same condition as existed at the time of commencement of work. B . Prohibited Uses 1. No depositing, dumping or abandoning of any solid waste or debris on or along the Roadway. 2. No construction or installation of any structure of any kind, permanent or otherwise (including, but not limited to gates) may be made without prior written consent of PLT or its agents or assigns. 3. No construction or installation of any structure and/or landscaping which impedes the scenic view within or entering upon the Roadway. 2 C . Maintenance and Management of the Roadway 1. Peconic Land Trust agrees to manage, administer, maintain and operate the Roadway in accordance with the provisions of this Agreement. PLT agrees to provide year-round management of the Roadway as a right of way in accordance with normal, customary and responsible management practices currently in use, subject to other provisions of this Agreement and subject to the provisions of the code of the Town of Southold covering highway/road specifications. These practices include, but aze not limited to: (a) The routine maintenance of the Roadway in all respects, including litter collection, snow plowing, landscaping and maintenance of greenways and the cul-de-sac in an aesthetically pleasing manner, and to repair the paved areas as necessary to keep the Roadway in good and working order. (b) The use of such agents, personnel, subcontractors, or employees deemed by PLT to be reasonably necessary to carry out PLT's responsibilities under this agreement. Such personnel shall for all purposes be deemed agents, subcontractors and/or employees of PLT and there shall be no relationship created between Lot Owner and any such personnel for these purposes. (c) The maintenance of the Drainage Easement, in good working order, as described in Schedule D, for the benefit of the Residential Community as a whole, including, but not limited to, the repair and replacement of the drainage structures on the described portions of Lot four (4) and Lot five (5) to insure proper drainage of the affected azea. 2. PLT agrees to maintain in effect at all times during the term of the Agreement a policy of public liability insurance having a face amount not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Roadway management costs as stated in paragraph D, supra. 3. In addition to the insurance provided above, PLT shall be named as an additional insured on individual homeowner policies contained in the Residential Community, including the homeowner policy issued to the Lot Owner. D. Roadway Management Costs 1. As the managing agent operating to benefit the Lot Owner and all Lot Owners in the Residential Community, PLT agrees to: (a) Prepare an annual budget and apportion to Lot Owners in the Residential Community an equal share of the costs of managing the Roadway on a yearly basis (hereinafter referred to as Maintenance Costs), including, but not limited to costs of administration, taxes, insurance, maintenance and repair of the Roadway and its appurtenant Drainage Easement. PLT agrees to implement a policy for the collection of such Maintenance Costs that will operate to insure such Maintenance Costs are collected from the Lot Owner including, but not limited to, the registration of a lien on the Lots for uncollected Maintenance Costs. PLT also has the ability to impose penalties or fines upon the delinquent Lot Owner for failure to make such payments. 3 (b) Maintain a "Reserve Fund" for extraordinary repair and replacement of the Roadway. Money for the Reserve Fund shall be placed in anon-interest beazing account and held separately from the general funds. The annual Reserve Fund fee for each lot shall be $ based upon the attached Draft Bond Estimate, hereinafter referred to as "Exhibit B" and shall be computed by the estimated payments from each of the Lot Owners that would be necessary to reach the appropriate sum over a ten (10) year period. (c) In the event that sufficient funds are not available in the above mentioned Reserve Fund, PLT may chazge a Special Assessment in the event of an unforeseen extraordinary expense. Such Special Assessment must be approved by a majority of Lot Owners. Notice must be served by PLT or its agents or assigns in writing, outlining the amount of the Special Assessment and the reasons therefore. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment. 2. The Lot Owner and Lot Owners, hereby covenant each subsequent owner of any such Lot, or portion of a Lot, by acceptance of deed, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay PLT, its agents or assigns, the Maintenance Costs, Reserve Fund fee, and Special Assessment as detailed in paragraph D(1} above. Each of the Maintenance Costs, Reserve Fund fee and Special Assessment shall also be the personal obligation of the person who was owner of the Lot at the time the assessment became due. E. Terms of Payment 1. All Maintenance Costs and Reserve Fund fees as outlined in paragraph D(i)(a),andD(1)(b) above, and Special Assessments, as detailed in pazagraph D(1)(c) above, shall be billed to the Lot Owners in their proportionate shaze, and shall be required to be paid within thirty (30) days after the date of the bill submitted by PLT or its agents or assigns. Maintenance Costs may be payable in semi-annual or quarterly installments at the Lot Owners election. If the Lot Owners desire to exercise this option, they must notify PLT in writing within thirty days (30) of the execution of this Agreement. 2. The Lot Owner shall comply with the terms of this Agreement as the same may be lawfully amended from time to time. In the event that any Lot Ownes fail to comply with the terms set forth herein, or any amendment herein, within thirty (30) days after notice of violation is given by PLT, then PLT, its agents or assigns, shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this agreement. F. General Provisions 1. This Agreement may not be repealed, vacated or amended without the written approval of PLT, its agents or assigns and the written approval of the Lot Owners of at least three (3) Lots. This Agreement and any amendments hereto shall become effective upon recordation in the Suffolk County Clerk's Office, New York. 4 2. In case any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. 3. The provisions contained in this Agreement shall be deemed covenants running with the land, and shall be binding upon and shall inure to, the benefit of the Lot Owners of the Residential Community and their heirs, assigns, successors and legal representatives. 4. The rights and responsibilities stated in this Agreement shall not lapse or be deemed extinguished by violation or by non-use. G. Assignment 1 . The rights, duties and provisions of this Agreement aze designed to be appurtenant to the real property within the Residential Community and for the benefit of the Lot Owners. As such, the Lot Owners shall not be permitted to assign these rights, duties and privileges to any party wherever situated. However, a party in possession of the property through rental or otherwise shall be deemed an agent for the Lot Owner for all purposes, and must abide by the tenns of this Agreement. However, the Lot Owner shall be the party ultimately responsible for payment of assessments and maintenance costs under this Agreement. 2. As the managing agent, PLT retains the right to assign its duties, privileges and rights contained in this Agreement to a third party that is qualified and willing to perform the duties of the managing agent in this Agreement. PLT may assign its duties and obligations under this Agreement while still maintaining ownership of the Roadway, the Pazk azea, and any other real property that it may hold in fee or otherwise. If PLT exercises this option, it must: (a) Provide written notice to Lot Owners of PLT's decision to exercise this option at least thirty (30) days prior to beginning a selection process. (b) Provide Lot Owners with the option to select a suitable managing agent, including but not limited to the formation of a property owners association or other arrangement as detailed in pazagraph(H) below. (c) Provide Lot Owners with notification that a managing agent has been selected and provide them with suitable information to allow a smooth substitution of this party for PLT. 3. Upon assignment of PLT's obligations under this Agreement, PLT shall cease to be a party to paragraphs C, D, and E of Agreement. PLT may, at its option, retain ownership of the Roadway and the Drainage Easement, without incurring obligation or liability under this Agreement. H . Lot Owner's Power of Election 1. The Lot Owners shall have the power and ability to retain a managing agent other than PLT for the Roadway without extinguishing their rights and obligations under this Agreement. For this right of election to vest and become valid under this Agreement, the following conditions must be met: 5 (a) At least five of the six Lots contemplated by this Agreement must be sold to a Lot Owner, as defined by the terms of this Agreement. (b) A simple majority of all Lot Owners must agree to exercise this power. (c) Lot Owners must provide written notice of their intent to exercise this power to PLT by certified mail at the address for PLT stated herein, 2. At the receipt of notice of Lot Owners' intent to retain a managing agent, either through contract or through formation of an organization qualified to fulfill the duties of a managing agent, PLT agrees to act as managing agent for a period of not longer than sixty (60) days to allow Lot Owners to successfully arrange for a new managing agent. 3. In such event that a new managing agent is retained, Lot Owners and PLT shall be released from obligations incurred under pazagraphs C, D, and E above. However, all other provisions of this Agreement shall remain in force and binding on the Parties and Lot Owners, their heirs, assigns, agents and successors. 6 In Witness Whereof, this Agreement of Easement and Declaration of Covenants was executed the day and year first written above by the parties hereto. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED By: John v.H. Halsey Its President ACKNOWLEDGED AND ACCEPTED: By: Lot Owner STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this_day of 19_, before me personally appeazed John v.H. Halsey, who being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of Peconic Land Trust, Incorporated, the PLT mentioned and described herein and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Agreement conveyed herein; and that he signed his name thereto by authority of the Boazd of Directors of said Corporation. STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this_day of 19_, before me personally appeazed who, being by me duly sworn, said that he/she resides at and is the Lot Owner mentioned and described herein, and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same. 7 • i Schedule A: Description of Lot Schedule B: Description of Roadway Schedule C: Description of Park Area Schedule D: Drainage Easement Exhibit A: Map of Lands of Thornton E. Smith, Section 2 Exhibit B: Draft of Bond Estimate 8 Svb~. MS KEEGAN &KEEGAN, L L P ATTORNEYS AT LAW THOMAS J. KEEGAN, 7R. 147 NORTx OCEAN AvervuE DEBRA A. BYRNES P.O. Box 918 DANIEL C. ROSS PATCHOGUE, NEW YORK 11772 (516) 475-9400 THOMAS I. KEEGAN OF COUNSEL December 30, 1996 EAST END OFFICE MATTITDGK, NEW YORK 119$2 (516) 298-4427 Ms. Melissa Spiro BY APPOINTMENT Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Thornton Smith, Section #2 SCTM# 1000-121.00-01.00-001.001 &113.00-07.00-0129.20 Deaz Melissa: This is further to my correspondnce of October 24, 1996. Enclosed herewith please find a second draft of the proposed Deed of Drainage Easement with changes requested by the Peconic Land Trust. truly DANIEL C. ROSS DCR:rb enclosure cc: Peconic Land Trust Attention: Peri L. Youmans cc: Mr. Thornton E. Smith I~~y'47 resUmiscsmithtl.ltr ~iet,ue 8ocorn Lr^x~sks ot-, l.e rrneS5k.~2 1~.n "osS . MS ~r~~!~~~~~~~ Ili..' JAN 31987 f.. ~ ~ ~ • . i - 'DEED OF DRAINAGE EASEMENT THIS DEED OF DRAINAGE EASEMENT made the _ day of October, 1996, by THORNTON E. SMITH, residing at 44 Brooksite Drive, Plandome, New York, 11030, (herein called "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, anot-for-profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). WITNESSTH: WHEREAS, Grantor is the owner in fee simple of the real property shown on a map entitled "Final Plat of Thornton Smith, Section 2" and filed in the Office of the Suffolk County Clerk on , as map number ;and WHEREAS, Grantor applied to the Planning Boazd of the Town of Southold to subdivide the real property shown on the aforesaid map; and WHEREAS, the Planning Boazd granted Grantor's subdivision application and required as a condition thereof the imposition of a drainage easement upon a portion of Lot 4 and Lot 5 shown on the aforesaid map of the property. NOW THEREFORE, in consideration of the premises, the Grantor hereby conveys to the Grantee a Drainage Easement with respect to that portion of Lot 4 and Lot 5 described below and shall consist of the covenants, restrictions, rights, terms and conditions as follows: 1. That the drainage pipes, bubble basin, rip-rap and other structures presently proposed to be constructed in accordance with the Final Road & Drainage Plan, Thornton Smith, Section 2 shall be maintained by the Grantee in accordance with the Deed of Road Access Easements and Declazation of Covenants Agreement, recorded at Liber _ Page ,attached hereto as Exhibit A and hereby made a pazt hereof. Said drainage structures shall not be removed without the consent of the Grantee or its authorized agent or assigns under Pazagraph G(2) of Exhibit A, and said structures shall be maintained in good working order upon the portions of the real property described below by the Grantee, its agents or assigns, and the Grantee, its agents or assigns, may enter upon the described portions of Lot 4 and Lot 5 to repair and/or replace such drainage structures and if the proposed structures aze not properly draining the affected azeas, then the Grantee, its agent or assigns may construct such other structures upon the described property as it deems necessary to properly drain the property intended to be drained by the drainage structures shown in the Final Road & Drainage Plan. Should it be necessary to construct such other drainage facilities, the Grantee, its assigns and agents shall have the ability to enter onto the described portions of Lot 4 and Lot 5 to repair, replace and maintain such structures and such structures shall not be removed without the consent of the Grantee or its agents and assigns. Parcel 1 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being a 40.00 foot wide Grading and Drainage Easement over the easterly 20.00 feet of Lot 4 and the westerly 20.00 feet of Lot 5, "Thornton Smith, Section 2" the centerline of said easement being more particulazly bounded and described as follows: BEGINNING at a point on the southerly side of Arbor Lane, a road as indicated on the Final Plat, "Thornton Smith, Section 2", where said southerly side is intersected by the division line between Lot 4 and Lot 5, "Thornton Smith, Section 2." RUNNING thence from said point or place of beginning South 24 deg. 28 min. 24 sec. East along the division line of Lot 4 and Lot 5, "Thornton Smith, Section 2" a distance of 393.58 feet to Lot 3, "Thornton Smith, Section 1" filed in the office of the Clerk of Suffolk County as file no. 9836. Pazcel II All that certain plot, piece of parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being a Drainage Easement over a portion of Lot 3, "Thornton Smith, Section 1" filed in the office of the Clerk of Suffolk County as file no. 9836 and indicated on the Final Plat "Thornton Smith, Section 2" more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Lot 3, "Thornton Smith, Section 1" where said northerly line is intersected by the division line between Lot 4 and Lot 5, "Thornton Smith, Section 2", the following two (2) courses and distances: 1. North 60 deg. 35 min. 59 sec. East 117.86 feet, 2. South 42 deg. 45 min. 06 sec. East 229.41 to a point; Ri INNING thence through Lot 3, "Thornton Smith, Section 1" the following two (2) courses and distances: 1. South 33 deg. 26 min. 32 sec. West 236.42 feet, 2. North 66 deg. 45 min. 41 sec. West 208.88 feet to the division line between Lot 3, "Thornton Smith, Section 1" and Lot 4, "Thornton Smith, Section 2." Ri.JNNING thence along the division line between Lot 3, "Thornton Smith, Section 1" and Lot 4, "Thornton Smith, Section 2" the following two (2) courses and distances: 1. North 13 deg. 03 min. 40 sec. West 172.05 feet, 2. North 60 deg. 35 min. 59 sec. East 117.87 feet to Lot 5, "Thornton Smith, Section 2" and the point or place of BEGINNING. CONTAINING an azea of 1.8330 Acres 2. This Easement shall be a burden upon and run with the described property. 3. Subject to this Easement, Grantor shall retain all other customary rights of ownership in the described property and shall continue to have the right to exclusive possession of the described property. 4. If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist then this Easement shall be vested in such qualified corporation, body or agency as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in the Town of Southold or, if such town will not accept this easement, then another qualified organization, in accordance with a ~ pres proceeding brought in any court of competent jurisdiction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Drainage Easement on the day and yeaz set forth above. ACKNOWLEDGED AND ACCEPTED: ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED By: By: THORNTON E. SMITH JOHN v. H. HALSEY, President STATE OF NEW YORK) COUNTY OF NASSAU) SS.: On this _ day of October, 1996, before me personally appeared THORNTON E. SMITH, who, being by me duly sworn, said that he resides at 44 Brooksite Drive, Plandome, New York 11030, Grantor mentioned and 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 this day of October, 1996, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. rest/misc: smith3.cov KEEGAN &KEEGAN, L L P ~ ATTORNEYS AT LAW THOMAS J. KEEGAN, JR. 147 NORTH OCEAN AVENUE DEBRA A. BYRNES P.O. Box 918 DANIEL C. ROSS PATCHOGDE, NEW YORK 11772 (516) 475-9400 THOMAS J. KEEGAN OF COUNSEL October 24, 1996 EAST END OFFICE MATTITDCK, NEW YORK 11952 (516) 298-4427 Ms. Melissa Spiro BY APPOINTMENT Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Thornton Smith, Section #2 SCTM# 1000-121.00-01.00-001.001 &113.00-07.00-0129.20 Deaz Melissa: Enclosed herewith please find a proposed Deed of Drainage Easement with respect to the referenced subdivision. This assumes the Boazd will permit the recording of the Easement subsequent to the filing of the Map. If this is not permitted, I will need to change the description. The description of the easement may need additional work but I request you otherwise review the easement language and let me know if you desire changes. ly y s, ANIEL C. ROSS DCR:rb enclosure cc: Peconic Land Trust Attention: Peri L. Youmans cc: Mr. Thornton E. Smith ~sv~::>~:~,,,,u,::.lv ~ji~~ OCT 2 5 !9~ ^Ji PtDANNING BOARD DEED OF DRAINAGE EASEMENT THIS DEED OF DRAINAGE EASEMENT made the day of October, 1996, by THORNTON E. SMITH, residing at 44 Brookside Drive, Plandome, New York, 11030, (herein called "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, anot-for-profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). WITNESSTH: WHEREAS, Grantor is the owner in fee simple of the real property shown on a map entitled "Final Plat of Thornton Smith, Section 2" and filed in the Office of the Suffolk County Clerk on , as map number ;and WHEREAS, Grantor applied to the Planning Board of the Town of Southold to subdivide the real property shown on the aforesaid map; and WHEREAS, the Planning Board granted Grantor's subdivision application and required as a condition thereof the imposition of a drainage easement upon a portion of Lot 4 and Lot 5 shown on the aforesaid map of the property. NOW THEREFORE, in consideration of the premises, the Grantor hereby conveys to the Grantee a Drainage Easement with respect to that portion of Lot 4 and Lot 5 described below and shall consist of the covenants, restrictions, rights, terms and conditions as follows: 1. That the drainage pipes, bubble basin, rip-rap and other structures presently proposed to be constructed in accordance with the Final Road & Drainage Plan, Thornton Smith, Section 2 shall not be removed without the consent of the Grantee and shall be maintained in good working order by the Grantee upon the real property described below and the Grantee may enter upon the described portions of Lot 4 and Lot 5 to repair and/or replace such drainage structures and if in the opinion of the Grantee the drainage structures aze not properly draining the property the structures are designed to drain, then the Grantee may construct such other structures upon the described property as it deems necessary to properly drain the property intended to be drained by the drainage structures shown in the Final Road & Drainage Plan and any such structures shall not be removed without the consent of the Grantee and shall be maintained in good working order by the Grantee upon the real property described below, and the Grantee may enter upon the described portions of Lot 4 and Lot 5 to repair and/or replace such drainage structures and the real property subject to the aforesaid easement, being more particularly described as follows: AS TO LOT 4 ALL that certain plot, piece, or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the Northeast corner of Lot 4 of the "Final Plat Thornton Smith, Section 2" and filed in the Office of the Suffolk County Clerk on as map number ; Ri INNING THENCE South 24 degrees 28 minutes 24 seconds East a distance 393.58 feet to land now or formerly of the Peconic Land Trust; Ri INNING THENCE South 60 degrees 35 minutes 59 seconds West a distance 40 feet; RiJNNING THENCE North 24 degrees 28 minutes 24 seconds West to a certain right of way known as Arbor Lane; RUNNING THENCE Easterly along the Southerly side of said right of way to the point or place of BEGINNING. AS TO LOT 5 ALL that certain plot, piece, or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the Northwest corner of Lot 5 of the "Final Plat of Thornton Smith, Section 2" filed in the Office of the Suffolk County Clerk on as map number ; RUNNING THENCE South 24 degrees 28 minutes 24 seconds East a distance 393.58 feet to land now or formerly of the Peconic Land Trust; RUNNING THENCE North 60 degrees 35 minutes 59 seconds East a distance 40 feet; RUNNING THENCE North 24 degrees 28 minutes 24 seconds West to the southerly line of the right of way known as Arbor Lane; RUNNING THENCE Westerly along the Southerly side of Arbor Lane to the point or place of BEGINNING; 2. This Easement shall be a burden upon and run with the described property. 3. Subject to this Easement, Grantor shall retain all other customary rights of ownership in the described property and shall continue to have the right to exclusive possession of the described property. 4. If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist then this Easement shall be vested in such qualified corporation, body or agency as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in the Town of Southold or, if such town will not accept this easement, then another qualified organization, in accordance with a ~ >l re$ proceeding brought in any court of competent jurisdiction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Drainage Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED By: By: THORNTON E. SMITH JOHN v. H. HALSEY, President STATE OF NEW YORK) COUNTY OF NASSAU) SS.: On this day of October, 1996, before me personally appeared THORNTON E. SMITH, who, being by me duly sworn, said that he resides at 44 Brookside Drive, Plandome, New York 11030, Grantor mentioned and 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 this day of October, 1996, before me personally appeazed JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. restlmiscsmi[h.cov PECONI -AND TRUST ~ 296 Hampton Road, P.O. Box 2088, Southampton, NY 11969 (516)283-3195 Fax: (516)283-0235 October 21, 1996 Ms. Melissa Spiro Town Hall, 53095 Main Road PO Box 1179 ~ i, 1d( ~j' Southold, NY 11971 ~ ~ ' 1~'~i Re: Thornton Smith, Section #2+ 2 ~ ~ i SCTM # 1000-121.00-01.00-001.001 & 113.00-07.00-019.20 1~.,..w_.._,..-, SOL ~ ~~~.it it lO~NN PiAP1NtPdG BOAftD Deaz Melissa: Enclosed please find a revised draft of the Road Management Agreement and the drainage easement from PLT to the Town of Southold as they pertain to Thornton's subdivision. In addition, we are working towazd getting your office copies of the deeds for lots 4 and 5 with the appropriate drainage easement language. If I am recalling our last conversation accurately, you will pass this information on to Laury Dowd for review. If you have any comments or questions, please call either Tim or myself. Thank you again for all your assistance. Si~ely, Peri L. You ans Project Assistant Enclosures cc: Daniel Ross, Esquire Thornton Smith John v. H. Halsey, President ©~a~p Grant of Drainage Easement THIS INDENTURE, made this th day of , 1996, by and between Peconic Land Trust, having its principal place of business at 296 Hampton Road, Southampton, NY, party of the first pazt and the Town of Southold, a municipal corporation of the State of New York having offices a[ Main Road, Southold, New York 11971, party of the second part. WITNESSETH: WHEREAS, the party of the first pazt is the owner of the property shown on [he Minor Subdivision covering the premises, WHEREAS, the party of the firs[ part desires to cooperate with [he Town of Southold by ensuring proper drainage of the affected area, and [o utilize its preserve property in an natural and ecologically sound manner, NOW THEREFORE, it is hereby agreed as follows: The party of the first pazt, in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, hereby conveys a perpetual easement for drainage purposes to the Town of Southold for the azea more particulazly described in Schedule A annexed hereto and hereto made a part hereof, to be used in accordance with, and for the purposes outlined in [his agreement. 1. The nature, chazacter and extent of the easement hereby granted aze as follows: A. The burdened premises shall not be open or available to the public for general use, but instead shall remain at all times in the exclusive possession of the Grantor and its heirs, successors and assigns. B. The easement granted shall be for the purpose of constructing, maintaining using, operating, repairing and re-constructing a system of leaching and drainage basins solely to accommodate drainage and overflow from Sound Avenue, upon, under and across the pazcel of land described in Schedule A belonging to [he party of the first part. C. The easement shall also encompasses [he right of ingress [hereto and egress therefrom, along, on and within the said right-of-way, for any and all purposes connected with the proper construction, maintenance, use operation, repair and reconstruction for any of the purposes and uses hereinbefore specified. D. This gran[ and easement shall at all times be deemed to be, and shall be, a continuing covenant running with the land, and shall be binding upon the successors and assigns of the firs[ party herein and [he successors and assigns of the second party herein. E. To the geates[ extent practicable, the drainage facilities constructed, maintained, used, operated and repaired on said easement shall not disturb the natural state of the property affected, and party of the second par[ hereby warrants, covenant and agrees to minimize above ground structures, disruption of the property and construction on land in its natural state, including, but not limited to the removal of trees or vegetation from the dedicated easement azea, removal of ground cover or alteration of the natural drainage features of [he land [hat would result in erosional acceleration, or disruption of the scenic attributes of the dedicated easement azea. I _ • i F. Party of [he second part hereby agrees [hat any proposed improvements, construction, or reconstruction on the dedicated easement azea shall be first submitted to [he party of the Firs[ part for written approval. Party of the firs[ part, acting in good faith, must evaluate the plan and may approve i[ in whole, in pazt or reject the plan in whole or in par[. Should [he plan be rejected, in whole or in paz[, both pazty of [he firs[ part and pazty of the second part agree to ac[ in good faith without reservation in order to reach a plan that is acceptable to both parties. IN WITNESS WHEREOF, the parties have hereunto set [heir hands and seals as of the date and yeaz first above written. For Peconic Land Trust by: John v.H. Halsey For [he Town of Southold by: 2 4 SCHEDULE "A" January 15, 1996 Surveyors Description: Drainage Easement To The Town Of Southold Over Portion Of Lot 3 "Thornton Smith" Suffolk County Tax Map 1000-121-1-part of 1.1 All that certain plot, piece, or parcel of land with the buildings and improvements thereon erected, situate, lying and being, at Mattituck, Town of Southold, County o£ Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Sound Avenue, said point being situate the following six (6) courses and distances as measured along the northerly side of Sound Avenue from the intersection of the northerly side of Sound Avenue and the easterly side of Bergen Avenue: 1. South 74 deg. 44 min. 23 sec. East 113.59 feet, 2. South 74 deg. 24 min. 43 sec. East 167.17 feet, 3. South 78 deg. 17 min. 13 sec. East 248.78 feet, 4. South 88 deg. 10 min. 03 sec. East 195.59 feet, 5. North 74 deg. 35 min. 57 sec. East 405.14 feet, 6. North 77 deg. 28 min. 47 sec. East 183.33 feet; RUNNING thence from said point of beginning through land now or formerly Thornton Smith the following three (3) courses and distances: 1. North 12 deg. 31 min. 13 sec. West 90.00 feet, 2. North 58 deg. 40 min. 00 sec. East 175.06 feet, 3. South 42 deg. 32 min. 06 sec. East 80.00 feet to land now or formerly Frances Weiss; RUNNING thence South 16 deg. 33 min. 30 sec. West along land now or formerly Frances Weiss a distance of 97.20 feet to the northerly side of Sound Avenue; RUNNING thence along the northerly side of Sound Avenue the following two (2) courses and distances: 1, North 84 deg. 12 min. 50 sec. West 24.74 feet, 2. South 77 deg. 28 min. 47 sec. West 135.00 feet to the point or place of BEGINNING. CONTAINING an area of 0.5169 Acre. ' Deed of Road Access Easement and D~a~~ Declaration of Covenants This Easement and Declazation is made this day of , 199_ The Parties to this agreement aze residing at , hereinafter referred to as "Lot Owner" and The Peconic Land Trust, incorporated, a New York not-for-profit corporation having its principal office at 296 Hampton Road, Southampton, New York 1]968, (hereinafter referred ro as PLT), known collectively as "the Parties". WHEREAS, is/aze the owner in fee simple of _ acres of certain real property located within the Town of Southold, Suffolk County New York, herein more full described in Schedule A attached hereto, (hereinafrer referred to as the "Lot"); and WHEREAS, a map of the property of Thornton E. Smith Section 2 (Attached hereto as Schedule D) consists of Six Lots(6), of which is/are the owner of [he Lot numbered ;and all the lots together comprise [he what is hereinafter referred [o as the "Residential Community" and the "Lot Owners" designate the individuals or other parties holding ownership of all lots within the Residential Community; and WHEREAS, PLT is the owner in fee simple of 2.76 acres of certain real property located in the Town of Southold, Suffolk County, New York, herein described in Schedule B attached hereto (herein referred to as the "Roadway". Furthermore, PLT is also the owner in fee simple of 13.4 acres of real property located within [he Town of Southold, Suffolk County, New York, herein described in Schedule C attached hereto (hereinafter referred to as [he "Pazk Area"). Collectively, the "Lots", the "Road" and [he "Park Area" aze hereinafter referred to as the "Property"; and WHEREAS, PLT is a qualified no[-for-profit charitable organization under Section 17Q(h)(3) of the IRC of 1986, whose primary goal is [he preservation of farmland and open space for the benefit of the public at large; and WHEREAS, PLT holds a conservation easement over the "Lots" which was granted to the Organization on January 26, 1996 and recorded a[ the Suffolk County clerk's Office on February 15, 1996 by Liber 11762 cp 414, and WHEREAS, both and PLT(hereinafterrefevred to as the "Parties") recognize the value and special character of the region in which the Property is located, and the parties have in common the purpose and objective of protecting and conserving the present state and inherent tangible and intangible values of [he Property as an aesthetic, scenic and open resource; and WHEREAS, [he Parties have determined it to be desirable and beneficial to enter into [his agreement for the Purpose of imposing these easements, covenants and restriction to assure the orderly and attractive development of the Property, and to protect and maintain the environmental integrity of the Property; and WHEREAS, the Pazties desire [o construct a Roadway, under the terms of this Agreement, to provide ingress, egress and regress between [he "LoP' and Bergen Ave for the benefit of both Parties and the residential community as a whole; and WHEREAS, desires, and PLT agrees, the PLT is to be designated as [he manager for said "Roadway", and PLT shall manage, administer, maintain and operate the Road, gteenways, buffers and all azeas of the "Roadway" during the term hereinafer set forth in accordance with the provisions of this Agreement; 1 NOW THEREFORE, in consideration of the foregoing recitals, Ten Dollazs ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties declaze that the Roadway depicted on Schedule B shall be held, transferred, sold, conveyed and used subject to this Easement and Declazation hereinafter set forth. All the provisions of this Easement and Declaration shall, as to the owners of the Lot, their heirs, successors and assigns, operate as covenants running with the land for the benefit of the lot and all lots within the residential community and their respective owners. A. Permitted Uses I. PLT hereby grants to ,his heirs, executors, administrators, successors and assigns (collectively "lot owner") as owner of the Lo[ # _ on a map known as Lands of Thornton E. Smith Section 2 (attached hereto as Schedule C), a mutual, non-exclusive, perpetual easement over and across the Roadway for the purpose of pedestrian and vehiculaz ingress from, egress to, and regress from Bergen Avenue. 2. Furthermore, the Owners of [he Lots, including ,their successors, assigns, agents, employees, contractors and subcontractors, are hereby granted a mutual non-exclusive easement over [he Roadway to construct, install, maintain, repair, service, alter, extend and replace utility service lines providing services to [he residential community of the Lot Owners. This easement shall also extend to any public or private utility company providing services [o the residential community of said Lots. 3. The owners of the Lots when installing, maintaining or otherwise servicing utility and service lines, shall have their respective agents, employees, contractors and subcontractors, and other representatives: (i) use reasonable care not to damage the Roadway; (ii) minimize the disturbance of shrubbery and other vegetation along the Roadway; and (iii) upon completion of repair or maintenance, restore the Roadway substantially to the same condition as existed a[ the time of commencement of work. B. Prohibited Uses 1. No depositing, dumping or abandoning of any solid waste or debris on or along the Roadway. 2. No construction or installation of any structure of any kind, permanent or otherwise (including, but not limited to gates) may be made without prior written consent of Che PLT or its agents or assigns. 3. No construction or installation of any structure andlor landscaping which impedes sight lines within or entering upon the Roadway. C . Maintenance and Management of the Roadway 1. Peconic Land Trust agrees to manage, administer, maintain and operate the "Roadway" in accordance with the provisions of this Agreement. PLT agrees to provide yeaz-round management of the "Road" as a right of way in accordance with normal, customary and responsible management practices currently in use, subject to other provisions of this agreement and subject to the provisions of the code of [he Town of Southold covering highway/road specifications. These practices include, but aze not limited [o: (a) To routinely maintain the "Roadway" in all respects, including litter collection, now plowing, landscaping and maintenance of greenways and the cul-de-sac in an aesthetically pleasing manner, and to repair the paved azeas as necessary to keep [he Roadway in good and working order. 2 (b) To use such agents, personnel, subcontractors, or employees deemed by PLT to be reasonably necessazy to carry out PLT's responsibilities under this Agreement. Such Personnel shall for all purposes be deemed agents, subcontractors andlor employees of PLT and there shall be no relationship created between , as a Lot Owner, and any such personnel for these purposes. 2. PLT agrees to maintain in effect at all times during [he term of the Agreement a policy of public liability insurance having a face amount not less than a million dollazs. All costs for such insurance shall be considered as par[ of the Roadway management costs as stated in Pazagraph D, supra. 3. In addition to the insurance provided above, PLT shall be named as an additional insured on individual homeowner policies contained in the residential community, including [he homeowner policy issued to D. Roadway Management Costs 1. As [he managing agent operating to benefit and all Lot owners in the residential community, PLT agrees to: (A) Prepare an annual budget and apportion to each lot owner in the residential community an equal shaze of the costs of managing the "Roadway" on a yeazly basis, including, but no[ limited to costs of administration, taxes, insurance, maintenance and repair, and to implement a policy for the callection of such monies that will operate to insure such monies aze collected from Lot Owners, including, but not limited to, the registration of a lien on the Lots for uncollected monies. PLT also has the ability to impose penalties or fines upon delinquent lot owners for failure to make such payments. (B) Maintain a Reserve or "sinking fund" for extraordinary repair and replacement of [he "Roadway". Such funds shall be placed in anon-interest beazing account and held sepazately from the general funds. The annual assessment for each lo[ shall be $ based upon the attached Draft Bond Estimate, hereinafter referred [o as "Exhibit A" and sfiall be computed by the estimated payments from each of the lo[ owners [ha[ would be necessary to reach the appropriate sum over a ten (10) year period. 2. In the even[ [hat sufficient funds aze no[ available in the above mentioned Reserve Fund, PLT may chazge a special assessment in the even[ of an unforeseen extraordinary expense. Such assessment must be approved by a majority of Lot Owners. Notice must be served by PLT or its assigns in writing giving [he amount of the assessment and the reasons therefore. All Lot Owners so assessed shall be obligated to pay the amount of the Special Assessment. 3. The Lot Owners, hereby covenant each subsequent owner of any such ]ot, or portion of a Lot, by acceptance of deed, whether or not is shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay PLT, i[ agents or assigns, [he maintenance costs and special assessments as detailed in (1) and (2) above. Each such assessment of maintenance costs shall also be the personal obligation of the person who was owner of the Lot at the time the assessment fell due. E. Terms of Payment 1. All maintenance costs as outlined in D(1)(A)and D(1)(B) above, and special assessments, as detailed in D(2) above, shall be billed in to the Lot Owners in their proportionate shaze, and shall be required to be paid within thirty (30) days after the date of the bill submitted by PLT or its assigns. Maintenance assessments may be payable in semi-annual or quarterly installments a[ the Lot Owners election. If a lot owner desires to exercise this option, they must notify the Land Trust in writing within thirty days (30) of the execution of [his document. 3 Z, and/or each Lot Owner shall comply with the terms of this agreement as the same may be lawfully amended from time to time. In the event that any Lot Owner fails to comply with the terms set forth herein, or any amendment herein, within thirty (30) days after notice of violation is given by PLT or its assigns, then PLT, its agents of assigns, shall have the right and power to enforce by any proceeding at ]aw or in equity, all the terms of this Agreement. F. General Provisions l . This agreement may not be repealed, vacated or amended without the written approval of the PLT, its agents or assigns and (b) the written approval of the Lot Owners of at leas[ three Lots. This agreement and any amendments hereto shall become effective upon recordation in the Land Records of Suffolk County, New York. 2. In case any provision of the Easement and Declazation shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. 3. The provisions contained in the Easement and Declazation shall be deemed covenants running with the land, and shall be binding upon and shall inure to ,the benefit of [he owners of the residential community and their heirs, assigns, successors and legal representatives. 4. The rights and responsibilities stated in this Easement and Declazation shall not lapse or be deemed extinguished by violation of this Easement and Declazation or by non-use. G. Assignment 1. The rights, duties and provisions of this Easement and Declazation aze designed to be appurtenant to the real property within the Residential Community and for the benefit of the Lot owners. As such, the Lot owners shall not be permitted to assign these rights, duties and privileges to any party wherever situated. However, a pazty in possession of the property through rental or otherwise shall be deemed an agent of the Lo[ owner for all purposes, and must abide by the terms of this Easement and Declaration. However, the Lot Owner shall be the party responsible for payment of assessments and maintenance costs under this agreement. 2. As the managing agent, PLT retains the right [o assign its duties, privileges and rights contained n this Agreement and Declaration to a third party that is qualified and willing to perform [he duties of the managing agent in this Agreement. PLT may assign its duties and obligations under this agreement while still maintaining ownership of [he "Roadway", [he "The Pazk" azea and any other real property that it may hold in fee or otherwise. If PLT exercises this option, it must; (A) Provide written notice to Lot owners of PLT's decision [o exercise this option at least thirty (30) days prior [o beginning a selection process; and (B) Provide Lot Owners with the option to select a suitable managing agent, including but not limited to [he formafion of a Property Owners Association or other arrangement as detailed in (H) below. (C) Provide Lot Owners with notification that a managing agent has been selected and provide [hem with suitable information to allow a smooth substitution of this party for the PLT. 4 3. Upon assignment of PLT obligations under this agreement, PLT shall cease to be a party [o this Easement and Declazation, including all obligations and provisions of this Agreement. PLT may, a[ its option, retain ownership of the "Roadway" without incurring obligation or liability under this Agreement. H. Lot Owner's Power of Election 1. The Lot Owners, including shall have [he power and ability to retain a managing agent other than PLT for the Roadway without extinguishing their Rights and Obligations under this Easement and Declaration. For this right of election to vest and become valid under this agreement, the following conditions must be met: (A) At Least five of the six lots contemplated by this agreement must be sold to a Lot owner, as defined by the terms of this agreement; and (B) A simple majority of all Lot Owners must agree [o exercise this power; and (B) Landowners must provide written notice of their intent to exercise this power to the PLT by certified mail a[ [he address for PLT stated herein. 2. At the receipt of notice of Lot Owners intent to retain a managing agent, either through contract or through formation of an organization qualified to fulfill the duties of a managing agent, PLT agrees to act as managing agent for a period of not longer than sixty (60) days [o allow Lot Owners to successfully arrange for a new managing agent. 3. In such event that a new managing agent is retained, Lot Owners and PLT shall be released from obligations incurred under Paragraphs C, D, and E above. However, all other provisions of this agreement shall remain in force and binding on the parties and Lot Owners, [heir heirs, assigns, agents and successors. In Witness Whereof, this agreement of Easement and Declazation of Covenants was executed [he day and yeaz first written above by the parties hereto. By: For PLT By: For Lot Owner (s) 5 Schedule A Description of Lo[ Schedule B Description of Roadway Schedule C Description of Park Area Schedule D Map of Lands of Thornton E. Smith, Section 2 Exhibit A Draft of Bond Estimate 6 S~~'~/I ` ~a~, THORNTON E. SMITH ~ G~G~ -2'-~t ~ZC ~t ~.iGt~l f%'/ ~ ~C ' ~Zl /~/C y~ ~ ~l~ ? Lam, ~ '/C~ ~ ~f,~ ~C%l~ ~L~l tli%tl i7 ~ f~ OCT 7 ~,p • ~~gUFFO(~-c JUDITH T. TERRY =~O OGy~ Town Hall, 53095 Main Road Tom CLERK y Z P.O. Box 1179 v- • ~ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ~ Fax (516) 765-1823 MARRIAGE OFFICER 'f~JO .a0~' Tele hone 516 RECORDS MANAGEMENT OFFICER 1 ~ p ( ) 765-1800 FREEDOM OF INFORMATION OFFICER .OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 1, 1996: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $189,675.00 for a bond for roads and improvements in the major subdivision of Thornton Smith, Section 2, at Mattituck, N.Y., all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. OCT 3 , d~~~c~~~%~~ Judith T. Terr~~y~ Southold Town Clerk October 2, 1996 r Srcbncrssiort Without a Comer Letter Seeder: ~ I (Yl l llu f iP~c~ sabjeet: I hornton Sm~~-y, -Sec.. Z Hate: ~ ~ 30~ ~ ~ Comments: ~5 P~QnS a m~\~(5 i , I PLANNING BOARD MEMBE;~ 'SUFt~(,~- • RICHARD G. WARD O~~. Town Hall, 53095 Main Road Chairman h~ ~ ~ P.O. Box 1179 GEORGE RITCHIE LATHAM, JR.~ ~ ~ Southold, New York 11971 ~ Fax (516) 765-3136 BENNETT ORLOWSKI, JR. ,y ~ r? WILLIAM J. CREMERS j ~ i ` Telephone (516) 766-1938 KENNETH L. EDWARDS ~ +j~Q~ ~ '-a-._._~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 1996 Peri Youmans Peconic Land Trust P.O. Box 2088 Southampton, NY 11968 Re: Proposed major subdivision for Thornton Smith, Section 2 SCTM# 1000-121-1-1.1 & 113-7-19.20 Dear Ms, Youmans: The following took place at a meeting of the Southold Town Planning Board on Monday, September 30, 1996: The preliminary public hearing which was held at 7:45 P.M. was closed. BE IT RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated August 23, 1996 _ BE IT RESOLVED to adopt the bond estimate dated September 30, 1996, and to recommend same to the Town Board. The bond estimate is in the amount of $189,675.00, with an inspection fee in the amount of $11,380.50. WHEREAS, the applicant has presented the final plat for the subdivision of Thornton Smith, Section 2; and WHEREAS, as per Section 106-24 (E) of the Subdivision Regulations, if at such time that the final plat is submitted, if it is in substantial agreement with the preliminary plat, the Planning Board may waive the requirements for a final public hearing; and WHEREAS, the final plat dated September 11, 1996, is in agreement with the Page 2 Major subdivision for Thornton Smith, Section 2 October 1, 1996 preliminary plat and the Planning Board has decided to waive the final public hearing requirements; and WHEREAS, Thornton Smith is the owner of the property known and designated as SCTM# 1000-113-7-19.20 and 1000-121-1-1.1; and WHEREAS, this proposed subdivision is for Section 2 of the Thornton Smith subdivision which is for 6 lots on 33.29 acres; and WHEREAS, Section 1 was approved on March 18, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on February 26, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the public hearing notification provisions; and WHEREAS, upon fulfillment of the conditions of approval, all requirements of the Subdivision Regulations of the Town of Southold will have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys dated September 11, 1996, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. The Performance Guarantee in the amount of $189,675.00 must be submitted to the Planning Board and accepted by the Planning Board and Town Board or, the improvements contained in the bond estimate must be completed prior to any endorsement of the final map. An administration fee equal to 511,380.50 must be submitted with the performance guarantee, or prior to the start of work on the improvements. 2. The draft Road Management Agreement which was submitted on September 25, 1996, must be reviewed and approved by the Planning Board and the Town Attorney. Page 3 Major subdivision for Thornton Smith, Section 2 October 1, 1996 3. A Grading and Drainage Easement is located on Lot 4 and on lot 5. A draft of the Drainage Easement must be submitted for the Planning Board's review prior to execution. In addition, the deeds for Lots 4 and 5 must refer to the Drainage Easement. The deeds must be filed when the final plat is recorded. Please contact this office if you have any questions regarding the above. Sincerely, / ~G `b~tq~ r G~; ~L C; Richard G. Ward %~'S Chairman enc. cc: Thornton Smith O~~gUFFO(~.~o RAYMOND L. JABS oy J~(ES A. RICHTER, R.A. SUPERINTENDENT ~ ENGINEERING INSPECTOR SOUT~?CLD TOWN FII GHWA, DE P_ARTMENT ~ • ~ PECONIC =.?,NE, PE CONIC, ;I. Y, e ~~c. (516)-765-1750 y'~QI ~ ~~0~' Tel. (510')-755-3070 OFFICE OF THE ENGINEER TOWN OPSOUTHOLD BOND ESTIMATE FOR THORNTON SMITH, SECTION 2 AT MATTITUCK, TOWN OF SOUTHOLD SCTM 1000-113-07-19.20 SCTM # 1000-121-01- 1.1 SEPTEMBER 26, 1996 Revised: September 30, 1996 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 3.2 ACRE CLEARING & GRUBEING ~ 2,000.00 $ 0,?OO.CG 2. 11,300 C.Y. ROUGH GRADING/ UNCLP_SSIEIED E:YCAVATICN 2.OG 22,500.00 13,500 S.Y. EINE GRAD_vG "..50 20,250.00 GRAiNPGE: 9 'EACH LEACHING 2GOLS Z,SCO.OC 22,SCO.OC 1 EACH MANHOLE 1,SC0.00 ,SOC.CO 1 EAC- 5UBBLE BASIN 2,SOG.GC 2,SOC.00 003 L._. 13" ADS V-12 P=?E' 20.00 i~,260.00 8. 3.7 C."t. Rip-Rao 200.00 7a0.C0 SURFACING: 9. ??5 C.Y. RCA CONCRETE SASE 30.OC "~?,250..00 i0. 030 TvNS WEARING COURSE ASPHALT 00.OC 37,a0C.C0 '1. 1 EACH STREET LIGHT * 2,000.00 Z, 000.00 12. 10,990 S.Y. TOPSOIL & SEED 2_~0 Zi,?75.00 13. ".8 EAC.'; CONCRETE SURVEY MONUMENTS 1CC.OC 1,30G.00 4. 3 EAC3 STREET SIGNS 200.00 000.00 iS i EACH EIRE WELT, 15,000.OG _ ,000.CC '.6. JOB MAINTENANCE y PROTECTION OE T2?EETC - ".,000.00 ,':B-TOT'? 3 1B9,0~.00 rc~ ACM=>IISTRAT_ON ~ -1,380.50 "i0'?'3= S 201, 055.50 * Street light to be located at intersection of proposed road with Bergen Ave. P 255 771 3P p 255 77 P 255 771 us Postal service P 4 8 9 3 2 0 4 5 2 Receipt for Certified us Postal service us PDatal service us PDatal service No Insurance Coverage Provider Receipt for Cert Receipt for Certifit Receipt for Certified Mail Do not use for Intemagonal Mail No Insurence Coverage F No Insurance Coverage Prov No Insurance Coverage Provided. sg~~~p Do not use for inlemation~ Do not use for International A Do not use for International Mail See reverse r~/r.'~/11RS. w'aL7,ER G `uB1'~,i,Q, G~'Y So Seto samtn greets Number A7S• Fkan/CEt w ~~5'. ZoM 4S tso uNb ~+t reed r~~/1~, /4 Streb¢Number StreetBNUmber Post Office, State, 8 ZIP Cade ~ 1~8 Q" Ox /D /{~J~/~j01^/ RYF 5 o u r vC N 9. Post Office, Slate, 8 LP Code post Office, State, 8 ZIP Cale Post Office, State, 8 ZIP Cotle Posage $ /Y/A)7rrucK N E. NoRrNPC+RT Ny MA JT' c S~2/ Postage Postage Postage $ Certified Fee Certified Fee CeNfied Fee Certified Fee Spatial Delivery Fee Spatial Delivery Fee Spatial Delivery Fee Spatial Delivery Fee Resticed Delivery Fee o' Rmun R Delvery Fes Restdced Delivery Fee Restdced Delivery Fee Whom 8 Dad tpe4vveredg to ~ Rerun Rxefpt Stowing to m Retwn Receipt StavrinB to m Return Receipt Showing to 'a Reaan Rxep b Wlpni ~ Wham 8 Dab Defivered Whore 8 Date De ~ Whom 6 Date Delivered lam' Q Dab,d n Realm axep ~ S Q° p BRAdkessee' Address O TOT < ~ Recept . _ Q , Dab,BAddr ED ~ ~ys' Q p ~ P or Dale - dOp TOTAL 8 Fees,f g TOTAL Pds~gO 8 Fee ~ TOTAL Poste Fees t\}~ / M Poson aD; ~.a ~ Posbnark or Hale , v ~ Posbnark ar / y i~ cGr iue coy. r. Po Office, State, 8 ZIP C 5 ' ` - • *-"n " ' 6 ' HO O $'uNR IS$ H 1v y: ~ YUCK Pmt Stare 8 ZIP Code OMro, SIYe, 8 ZIP Code poet Office, gate, 8 ZIP Code .TA~KS'OM N75. H ~77iPufK A/ I DHKDaLE JY (/7L9 Postage Postage $ Posage a Poslage Certified Fee Certified Fee s Certified Fee Certified Fee Spatial Delivery Fee Spetlal Delivery Fee % EPectel Delivery Fee Spatial Delivery Fee ' ~ Restrced Delivery Fee Restricted Degvery Fee Restrced p~~R, Fee ut w ResldcteC Oefiyery Fee ~ Return Recei VhT{gte ~ Return Receipt Showing to RNran c Whom 8 livered Whom 8 Date Delivered Whan 8 Dale DeAVaed ~ ~ ~ g t0 Realm R toYlN "c ReOUn ~ . When 8 Dale Defivered__ i ~ Date, 8 's AdkaSY, ~ Dab, 8 ey`&rT°?ipN+l~"m' $ Da~^m, B AddegeeAa p$ ~ fl°ce"l Sl"""9"U°" S TOosTUAn ge 8 s ~ TOT fi,P B,Fges\,~~ . ~ 8 TOTAL Poslage ~ 8 TOTAL P Fde6• ,a' `G P or Dat~J ~ posanerk orD { ~ d t~r~ ~ ~ ~ ~ ~t „ ~ ~ ~ ~ Certified Fee Certified Fee Certified Fee Certified Fee / Spatial Delivery Fee Spatial Delivery Fee Spatial Delivery Fee Spatial Delivery Fee Resticed Delivery Fee Restdced Delivery fee Resticted Delivery Fee,-- Resticted DeG Fee very ~ Return Receipt Showing b ~ ReNm Receipt Showing to a Rehan Receipt ~ to. ~ Return Recep growing b V _ When 8 Dme Oefivered Whom 8 Date Delivered Whom 8 Derv Realm Reap 9pwi~leWhom; ~ RMari - Wham 8 Dare Delivered , c / Dab. B Addressee' ~ Date, B § h Whan $ a po~ a ~'e"~A a to 8 TOTAL PoSyga,ri Pees ~ ~ TOTA n~ge S Fagg ~ ~ TOTAL Posb C O TOTAL Postage 8 ~ 4 Posanerk or eb' € P el(C rDate € Pos'trnerk or Dar ~ t ~ Posanark or Data ~ ~Ll 1 ,,h a a ~ a a DO ndt USB for lntematl u um use lm nn2nrarruir Seto to S~n tto Sent to C Sam to MR.riJh'S.~oMq Mg•{MRS.FRAHKLri /9)R.W/LLJ.SM LNTt .(.F ~IRS.LpUtS ~uaNAGLRa get stmt 8 Number Street 8 Number greet Nu r 't~~ SbuND ~iox 1 o i rF db 7}EEC7~1 R~, , C~. X 80S Post~Or.~ffice, Slate, 8 ZIP C. P Slate, 8 ZIP Cade Post Office, gate, 8 IP Cale P Office, State, 8 ZIP Code M^•1 /TUCK n ~A`77"ITt/cK /V (SLi~ N~1f'/S /~tLA.ER PlACe,NYJ!'6~ ppab~ Poabge ' Posage $ Postage S Fee Certified Fee Certified Fee Cerfified Fee Spatial Delirery Fee Spatial Delvery Fee Spatial Delivery Fee Spetlel DeGVery Fee p,~oict~ D~~, Fee Restricted Delivery Fee Restricted Delivery Fee Restricted DeMery Fee N Si Retort gecaipt Showiq to m Realm Receipt growing b ~ Return Receipt Showing b m Ronan Receipt Stwwng M Whom 6 Dab Delivered When 8 Date Defivere0 ~ Whom 8 Date Deavered Whom 8 Date Deli ~ ReemRecegslpalgbwha ~ Dab,B ~ Da~te,eReCBp $ ~b BAdhebee's G Dab, 8 Add'ebeeY Addms 8 TOTAL Postage 8 Fees ~ TOT P ge 8 Feoe, S' ~ TOTAL P s ~ TOTAL Postage Posburka0ete ~ ~ Pos11~1c DeleQ~ € Posanarka at~, ~ € Postrnea or Dat 6~ O~'~ a 4 J'4 O li ~ r, ~ li ~ = ' I r! AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Thornton Smith, Section 2 by placing the Town's ofFicial poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on September 30 ~ggg. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property On September 20, 1996 ~ggg Timothy J. Caufield+ Vice President Your name (print) Peconic Land Trust, Incorporated, as managing agent I Signature 298 Hampton Road - PO Box 2088 Address Southampton, NY 11969 September 23, 1996 Date Q. Notary Public MELANIE A, tElEENi Notary Public. 3bN M Nmtr VW! No. 01 TE503590e. StAfalt Cewltp 6 Commission Expires NowntbiK 11,1Y0...~ PLEASE RETURN TH/S AFFIDAVIT AND CERTIFIED MAl1 RECEIPTS ON THE DAY OF OR AT THE PUBLIC HEAR/NG Re: SCTM#: Date of Hearing: PLANNING BOARD MEMBERS ~ SUF~~C,f ii RICHARD G. WARD ,,ypL4 Cp ~ Town Hall, 53095 Main Road y` - O ~ P.O. Box 1179 Chairman ~ ~ ~ -t ~ Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. ~ y Z Fax (516) 765-3136 BENNETT ORLOWSHI, JR. v n~ Q WILLIAM J. CREMERS 'y ~ ~ ~,Py Telephone (516) 765-1938 KENNETH L. EDWARDS ~ ~p! ~ ~QQ~'ti PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 1996 Judith Terry, Town Clerk Southold Town Ha11 Main Rd. Southold, NY 11971 Re: Proposed major subdivision for Thornton Smith, Section 2 SCTM# 1000-121-1-1.1 & 113-7-19.20 Dear Ms. Terry: The following took place at a meeting of the Southold Town Planning Board on Monday, September 30, 1996: BE IT RESOLVED to adopt the bond estimate dated September 30, 1996, and to recommend same to the Town Board. The bond estimate is in the amount of $189,675.00, with an inspection fee in the amount of $11,380.50. Please contact this office if you have any questions regarding the above. Sincerely, 1'GG~T/G.~~ Richard G. Ward ~S Chairman enc. ~g11FF0[,~c RAYMOND 4. ]ACS ]A ES A. RICHTER, R.A. SUPERINTENDENT ~ ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT ~ ~ PECONIC LANE, PECONIC, N.Y. G/~;~ Eax. (516)-765-1'750 y~ ~ Tel. (516)-765-3070 ~~Pa~Q OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SEPTEMBER 26, 1996 Richard G. Ward Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: THORNTON E. SMITH -SECTION 2 SCTM 1000 - 113 - 07 - 19.20 SCTM 1000 - 121 - 01 - 1.1 Dear Mr. Ward: As per your request, I have reviewed the bond estimate that has been submitted for the above referenced project. Enclosed you will find a revised version that I have prepared for your use. If you have any questions concerning this report, please contact my office. Sin rely, ames A. Richter, R.A. Enc: cc: Raymond L. Jacobs (Superintendent of Highways) ~A~F~'~~ RAYMOND L. JAC S ]A ES A. RICHTER, R.A. SUPERINTENDENT ~ ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT ~ ~ PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-1750 ~~l ~ ~~pt' Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR THORNTON SMITH, SECTION 2 AT MATTITUCK, TOWN OF SOUTHOLD SCTM # 1000-113-07-19.20 SCTM # 1000-121-01- 1.1 SEPTEMBER 26, 1996 ITEM QUANTITY DESCRIPTION UNIT PRICE AMO T 1. 3.2 ACRE CLEARING & GRUBBING $ 2,000.00 $ 6,400.00 2. 11,300 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 22,600.00 3. 13,500 S.Y. FINE GRADING 1.50 20,250.00 DRAINAGE: 4. 9 EACH LEACHING POOLS 2,500.00 22,500.00 5. 1 EACH MANHOLE 1,500.00 1,500.00 6. 1 EACH BUBBLE BASIN 2,500.00 2,500.00 7. 663 L.F. 18" ADS N-12 PIPE 20.00 13,260.00 8. 3.7 C.Y. Rip-Rap 200.00 740.00 SURFACING: 9. 475 C.Y. 4" RCA CONCRETE BASE 30.00 14,250.00 10. 630 TONS WEARING COURSE ASPHALT 60.00 37,800.00 11. 2 EACH STREET LIGHTS 2,000.00 4,000.00 12. 115 EACH STREET TREES 200.00 23,000.00 13. 10,990 S.Y. TOPSOIL & SEED 2.50 27,475.00 14. 18 EACH CONCRETE SURVEY MONUMENTS 100.00 1,800.00 15. 3 EACH STREET SIGNS 200.00 600.00 16. 1 EACH FIRE WELL 15,000.00 15,000.00 17. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 1,000.00 SUB-TOTAL $ 214,675.00 + 6% ADMINISTRATION FEE $ 12,880.50 TOTAL $ 227,555.50 ~\`J " Subr?iibssioyi Without a Censer Letter Sender: ~ t wl ~q v e Subject: ~a,.r{.~ Jmi~ SiCTM#: 1000= 121- Date: 9~~5 ~9~ ['omments: {Cc~a~ l'~'q~, r.~,„,.a ~dY SEP 2 5 LEGALNOZZCE The property is bordered on COUNTY OF SUFFOLK Notice of)?abNe Aeadsg the northeast by land now orfor- STATE O F NEW YORK ss: NOTICE 'IS HEREBY merlyofMadden;onthesouth- GIVEN drat purstraofto Section east by Great Pond. and by land 276 of the Town of Southold, a now or formerly oEC. W[d; on Patricia C. Lollot, being duly sworn, says that public hearingwillbeheldbytbe the west by Lake CAurh and on she is the Production Coordinator, of the TRAV- the northwest by Lake Drive. Southold Town Planning Board, ELER WATCHMAN, a public newspaper printed at the Town Hall, Main Road, 7:45 p.m. Prelirginary public hearing for the pralrosed major at Southold, in Suffolk County; and that the nu- Sourhold, New York in said subdivision forThdmrtonSmith, tice of which the annexed is a printed cope, Town onthe3pthdayofSeptem- inMattituek,CountyofSuffollc, has been published in said Traveler Watchman ber, 1996 on the question of the State of New York. Suffolk following: CounryTaxM~Number1000- once each week for 7:30p.m.Preliminarypublic 113-7-19.20 and 121-1-1.1. j hearing for the proposed major This property isbotderedon ........................................................weeks subdivision for Peconic'Devel- the north by major subdivision / ~1 ~ opmentCorp. (Harvest Homes) for Thornton Smith, Section 1, successtvefy, comme ong on the in SouthoM, County of Suffolk, and by land now or formerly of da of ~ ,19 State of New York. Suffolk CatherineSimicichandTownof y "'f~"~""""' County Tax Map Number 1000- Southold; on the east by land 70.3-22. now or fotmerl of Franklin & The property is bordered on Arlin Boeckman and major sub- the north by land now or for- division for Thornton Smith, -r merly of Arnelia G. Vaskelis, by Section 1, park area; on the south / / K land now of formerly of Ronald by major subdivision for Sworn to before m,~ ththi~s day of Yedloutschnig and Ano., as Thornton Smith, Section 1, '~~4 , ` ~ trustees, by land now or formerly area; and on the westby Bergen ......................................'.'.:"f °"1................. ,19...:6. of Ronald. Yedloutschnig and Ave. - wife, by tend now or formerly of September 13, 1996 ^ ,s Henry and Anne Wassmer, by BY ORDER OF THE ta<.~. G'„~?/~~~ SernickLane,andbyaTown SOUTHOLDTOWN ............"~y.,..... drainage area; on the east by PLANNING BOARD Notary Public Wells Ave. and by Sand now or Richard G. Ward, formerly of Wells; on the south Chairman BARBARA A. $CHNEIDER bylandrwworformerlyofWells 1X-9/19/96(99) NOTARY PUBLIC, State ai New York and by Wells Ave.; on the south- No. 4806846 west by land now or formerly of Qualfiied in Suffolk Gronau; and on the west by Commission Expires $ 1 ~9$ Oaklawn Ave. 7:35 p.m. Final public hear- ingforthe proposed site plan for Mattituck Realty, L.L.O., in Mattituck, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 122-6-29.2. The property is bordered on the north by land now or for- merly of Lizza and O'Connell; on the east by tot 3 of Sunbow Associates; on the south by Main Rd.; andon the west by land now or formerly of Gustavson 7:40 p.m. Final; public hear- ing for the proposed lot line change for George Bambrick> in .S~ 2 Q Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 59-5-7 & 8. n,~ PECONIC LAND TRUST FOR YOUR INFORMATION... ~P/i sd ~ J /(/nA , P / y ~/j d /v J i-l-~-a-~ - hoe, b~ccuMw~.p P<<A~?1 $I~Z~96 P.O. Box ?088.30 Jagger Lane CEP ~ ~ Southampton, New York 11968 (516) 283.3195 _ _ _ _ _ _ _ _ _ _ 1` J • m<> ~SUFFO~~-~, Albert J. Krupski, President p~ OG Town Hall John Holzapfel, Vice President a~ y~ 53095 Main Road Jim King P.O. Box 1179 ~ ^x+ Southold, New York 11971 Martin H. Carrell G • ~ Peter Wenczel y~j01 ~.DO~' Telephone (516) 765-1892 Fax (516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Melissa Spiro, Planning Board FROM: Jchn Holzapfel, Vice-President, Board of Trustees LATE: September 19, 1996 RE: Thornton Smith - Sub-division As per the above sub-division, the Southold Town Board of Trustees see no problem with this project as far as the environmental factor of the pond area is concerned. In fact, the minimal wetlands there and the project development might be an improvement. f SEP 2 0 1996 _ ss'~; PECONI~AND TRUST 296 Hampton Road, P.O. Box 2088, Southampton, NY 11969 (516) 283-3195 Fax: (516) 283-0235 September 13, 1996 Mr. Jim Donzick LII,CO 600 Doctor's Path-Rd.2 Riverhead, NY 11901 Re: Subdivision Map: Thornton Smith, Section #2; Mattituck, NY SCTM #1000-113.00-07.00-019.020 & #1000-121.00-01.00-001.001 Deaz Mr. Donzick: As per our conversation eazlier today, I am enclosing five (5) copies of the above referenced plat, along with the completed applications entitled LILCO Request for Easement Information and the Request for LILCO Underground Electric Installation. We are hoping for final approval from the Town of Southold on September 30, 1996. Mr. Smith would like to put the road in as soon as possible to facilitate the mazketing of the six lots. Therefore, we would like to coordinate your work, and that of the telephone company, with the clearing of the road. As per your suggestion, we will contact NYNEX now to introduce them to the project. Thank you for help and please call me if you have any questions or comments. Si~ely, Pen L Youmans Project Assistant Enclosures cc: John v. H. Halsey, President Ken Abruzzo Thornton Smith Dan Ross, Esquire Melissa Spiro SEP 2 0 ;:cad _ _ ~'i 9~ • • (Y1S PECONIC LAND TRUST 296 Hampton Road, P.O. Box 2088, Southampton, NY 11969 (516) 283-3195 Fax: (516) 283-0235 September 13, 1996 Mr. Peter Ackras Suffolk County Dept. of Health Services Suffolk County Center, #5-238 Riverhead, NY 11901 Re: Application for Subdivision of Thornton E. Smith, Section #2 - Mattituck, Southold, NY Reference # S-10-96-0001 Deaz Mr. Ackras: Enclosed please find mylazs and paper prints for your review and stamping for the above referenced subdivision. As you will recall, this application was approved back in Mazch of 1996 for both Section 1 and Section 2. All of the lots (in both Section 1 and Section 2) aze over 5 acres and were approved for exemption stamps. Currently, we aze planning to combine the preliminary and final hearings for Section 2 approval at the Southold Town Planning Board Session on September 20, 1996 and would ask if you could have the maps stamped prior to that date. I have enclosed a copy of the letter from the Southold Planning Office to this effect. If you aze able, we would like to pick up the stamped maps (both the paper prints and the mylazs) at your department rather than waiting for their return. If you would call either Melanie Tebbens or myself at 283-3195 as soon as you have completed your work we would gladly pick them up. Also, please do not hesitate to call us if you have any questions or comments. We greatly appreciate your time and assistance with this project. Thank you. Sincerely, Peri L. Youmans Project Assistant Enclosures cc Melissa Spiro Ken Abruzzo Thornton Smith John v. H. Halsey President SEP 2 0 Sun ` YOUNG & YOUNt; • Planning, Eng)neering & Land Suweying 400 Oshandai Avenue Twµea (518? 727.2303 Rherhead, New Yak 11901 f:a~mia (518) 727-0144 HOWARD W. YOUNG, Lid S~o+eyer THONAS C. WOLPERT, Rafaedond Enynw KENNETH ABRUZZO, LAN Sw+aya JOHN SCNNURR, landSwnyor September 18, 1996 ATTN: Ms. Peri Youmans Peconic Land Trust P.O. Box 2088 296 Hampton Road Southampton, New York 11969 RE: THORNTON SMITH, SECTION 2 at Mattituck, T/O Southold, New York (95-0768) Dear Ms. Youmans: Enclosed is one (1) copy of the Construction Cost Estimate dated September 18, 1996, for your use in submission to the Town. Very truly yours, 7h o7ri~ c. c~~~ Thomas C. Wolpert, P.E. TCW ndc Encl. cc: Mr, Thornton Smith + Encl. Reeky PdM Olpe. 125 Ran 25q, Rally Peat, Nw Vok 11778 Tok (516) 7d4-2055 R~c,de of LEE LUTZ, Swyor, P.C. September 18, 1996 Construction Cost Estimate Thornton Smith, Section 2 at Mattituck, T/O Southold, New York ITEM ITEM DESCRIPTION ATY. 8c UNIT UNIT PRICE TOTAL 1 Clearing & Grubbing 3.2 acres S 2,000.00 S 6,400.00 2 Excav., Backfill & 11,300 c.y. 2.00 22,600.00 Grading -Roods 3 Fine Grading 13,500 s.y. 1.50 20,250.00 4 4" Stone Blend or 475 c.y. 30.00 14,250.00 Concrete Blend 5 2 Asphalt 630 tons 60.00 37,800.00 Pavement 6 Bubble Basin 1 each 2,500.00 2,500.00 7 Rip-Rap 3.7 c.y. 200.00 740.00 8 18" Dia. ADS N-12 663 I.f. 20.00 13,260.00 Dmg. Pipe ' 9 Leaching Pool 9 each 1,500.00 13,500.00 10 Drainage Manhole 1 each 1,500.00 1,500.00 11 Topsoil & Seed 10,990 s.y. 2.00 21,980.00 12 Concrete Monuments 18 each 700.00 1,800.00 13 Fire Well 1 each 15,000.00 15.000.00 TOTAL 171,5ao.oo " Underground Utilities Not Included PLANNING BOARD MEMBER - =~°SUFFI)(,f- • Town Hall, 53095 Main Road R1cxeRDRcawARn Y;ti~~ Gy~~ P. o. Box 1179 o= < N Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. y = Fax (516) 765-3136 BENNETT ORLOWSKI, JR. ,y n~ WILLIAM J. CREMERS ~ ~ • ~.,'I Telephone (516) 765-1936 KENNETH L. EDWARD9 ~~0~,' ~-.~f r,._ _ PLANNING BOARD OFFICE TOWN OF SOUTHOLD '""'P"`• R° 1996 James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. CC Application Name: /norrl ~ ~mi~ St[f Z Tax Map No.: 1000- 1 • ~ - i. Street Location: Dom' Qttctr~ ,N. Hamlet Location: tlabF j~r~T Type of Application: Sketch Subdivision Map (Dated / / ) Preliminary Subdivision Map (Dated / / ) Hinal Subdivision Map (Dated / / ) Road Profiles (Dated 9' / Iz./9~ ) Grading and Drainage Plans (Dated f / ) Other (Dated / / ) Sketch Site Plan (Dated / l ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) CommentS~~a42 (CViIW Lh 4Ctorz+(I~C W~ ./v~ ~4~ , Contact person: Sp, _ _ • PLANNING BOARD MEMBERS SUFFO~X ? RICHARD G. WARD ' Town Hall, 53096 Main Road G ~ P.O. Box 1179 v Chairman ~ y~ O ~ Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. ~ W ~ Fax (516) 765-3136 WILLIAM J. CREMERS ~ • ~ rr Telephone (516) 765-1936 KENNETH L. EDWARDS ~~f~l ~ ~~O PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~I 19q.G James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: ~~1or r+'tta~n Sm~ln ~[C~. Z Tax Map No.: 1000-I2I•i• l.~ Street location: ~r~.. Hamlet Location: ~,.~{;~vc~c Type of Application: Sketch Subdivision Map (Dated / / ) Preliminary Subdivision Map (Dated / / ) Final Subdivision Map (Dated / / ) Road Profiles (Dated / / ) Grading and Drainage Plans (Dated / / ) ~ Other ~ra~~ bee.e esE:~~c (Dated °I / IP / 4G ) Sketch Site Plan (Dated f 1 ) Preliminary Site Plan (Dated / / ) Gratling and Drainage Plans (Dated / / ) Other (Dated / / ) Comments~~~~ revle~.u bra k~s..~ ee~*•ena'4e Contact person: ~~iS54 ~~2a c.--Li' ~f~.i - - - - - - - September 1&, 199b CO~S~~~30~1OR COSH' ~5~1~7'iC7~'~ 7homton Smith, Section 2 at Mattituck, 7/O Southold, Ney+ York ITEM ITEM DESCRIPTION dTY. & UNIT UNIT PRICE TOTAL 7 Clecring & Grubbing 3.2 acres S 2,000.00 S 6,400.00 2 cxccv., Baclciiil do i 1,300 c.y. 2.00 :?2,600.00 Grading - Rocds 3 Fine C-rcding 13,SC0 s.y. 1.50 20,25C.C0 4 4" Stcne Bler,d or 4i5 c.v. 30.00 '4.250.00 Cancrete Elend 5 2 Asphclt 63G `one 5C.G0 37,80C.00 Pcvemert 6 Bubble Basin 1 each =,SOO.GO 2,0.00 7 Rip-Rap 3.7 c.y. 200.00 740.00 8 18" Cic. ADS N-12 60.3 Lf. 20.00 '3,260.00 Dmg. Pipe 9 Leeching Pool 9 ecch 1,500.00 "3,500.00 10 Drcinoge Mcnhole 1 each 1,500.00 1,0.00 1 1 Tepsoii & Seed 10,990 s.y. 2.Q0 21,980.00 12 Corc;ete Monuments 18 each ;00.00 1,800.00 13 Fire `~/eIl 1 ecch 15,000.00 - 5.0 0.00 TOTA1 Undergrcund Utilities No Included PLANNING BOARD MEMBERS g~~~FD(X C~ r Town Hall, 53095 Main Road RICHARD G. WARD ~'~a ~ Chairman v ~ ~ „ P.O. Box 1179 GEORGE RITCHIE LATHAM, JR. 3 ~ Southold, New York 11971 BENNETT ORLOWSKI, JR. ~ ' Fax (516) 765-3136 WILLIAM J. CREMERS j ~ ' ~ = ~ Telephone (516) 765-1938 KENNETH L. EDWARDS .~~'~ol ~ v~Ol~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 1996 Peri Youmans Peconic Land Trust 296 Hampton Road P.O. Box 2088 Southampton, NY 11969 RE: Proposed Major Subdivision for Thornton Smith, Section 2 SCTM# 1000-113-7-19.20 & 1000-121-1-1.1 Dear Ms. Youmans: As we discussed, I have scheduled the preliminary hearing for the above mentioned subdivision for Monday, September 30, 1996 at 7:45 P.M. The Planning Board reviewed the status of the subdivision at the September 9, 1996 work session and decided that as per Section 106-24 (E) of the Subdivision Regulations, if at such time that the final plat is submitted, if it is in substantial agreement with the preliminary plat, the Planning Board will waive the requirements for a final public hearing. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form is enclosed for your use. Please return the endorsed Affidavit of Posting and the certified return receipts on the day of, or at the public hearing. The following items must be addressed prior to the September 30, 1996 preliminary hearing: 1. Maps with Health Department approval must be submitted. 2. The firewell location must be indicated. 3. The plans must be revised as per James Richter's September 9, 1996 report. 4. A draft bond estimate for all subdivision improvements must be submitted. Page 2 Proposed ma}or subtlivision for Thornton Smith, Section 2 September 11, 1996 5. The terms proposed for the road management must be sub- mitted for the Planning Board's review. Please contact me if you have any questions regarding the above. Sincerely, elisS'~'~r Planner enc. St?FF~~~, P~ RAYMOND L. ]A~BS ]A~ES A. RICHTER, R.A. SUPERINTENDENT ~ ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT ~y ` ~ PECONIC LANE, PECONIC, N. Y. Fax. (516)-765-1750 ~O1 ~ ~aQ' Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SEPTEMBER 9, 1996 Richard G. Ward Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: THORNTON SMITH, Section 2 SCTM 1000-113-07-19.20 121-01- 1.1 Dear Mr. Ward: As per your request, I have reviewed the latest submission for the above referenced project and I offer the following comments: 1. The proposed drainage design for this project is considered to be consistent with the Town code with the following exception. Two additional leaching basins should be installed, one on each side of the road, at the midpoint between pools # 4 & 5 and pools # 1, 2 & 3. In the event that pools 4 & 5 are acting as bubble basins during heavy rain, the amount of runoff generated could cause erosion within the swales. The installation of two additional pools would effectively reduce the distance that surface water could flow and thereby reduce potential erosion. The top of grate elevations for leaching pools # 4 & 5 should also be the same. 2. The outside pavement radius at the Cul-de-sac should be a minimum of 44'. This is required by code. The inside radius should be 20'. This is necessary to provide safe access and turning room for emergency vehicles. If you have any questions concerning this report, please contact my office. n rely, James A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) SEP 91996 • • PECONIC LAND TRUST 296 Hampton Road, P.O. Box 2088, Southampton, NY 11969 (516) 283-3195 Pax: (516) 283-0235 August 30, 1996 Ms. Melissa Spiro Southold Planning Boazd Town Hall 53095 Main Road Southold, NY 11971 Re: Land of Thornton E. Smith, Section II SCTM#1000-113.00-07.00-019.020 & #1000-121.00-O1.Q0-001.001 Deaz Melissa: We would like to begin the process for seeking approval for Section II of the Thornton Smith Subdivision in Mattituck. As you will recall, Section II is a reduced density plan, consisting of 6 building lots of at least five acres each. We have enclosed 12 copies of the plat with Department of Health exemption stamps, and as you know, the planning boazd issued a negative declaration pursuant to SEQR on the entire subdivision on February 26, 1996. At this time we would like to apply for preliminary approval . If there is anything else the planning boazd requires please contact Tim Caufield or myself at 283-3195. We appreciate all your past efforts and look forwazd to working with you again very soon. Maps ~d no`k- c~.d:w.`. k.A. S}4,,,,,f, Sincerely, Peri Youman Project Assistant Enclosures cc: Thornton Smith Daniel Ross, Esquire Kenneth Abruzzo John v. H. Halsey, President SEP 9 !9 rLaivrraxGBOnx~;?~BExs ~~~gpfFOL,~~ 5 Town Hall, 53095 Main Road RICHARD G. WARD ~O G P.O. $ox 1179 K Chairman ~ ~ y` Southold, New York 11971 GEORGE RTTCHIE LATHAM, JR. y = ~ Fax (57.6) '765-3136 BENNETT ORLOWSKI, JR. ~r Telephone (516)765-1938 WILLIAM J. CREMERS y y • ~ 1l KENNETH L. EDWARDS ~ 'tJ~l ~ ~.a~„~' 1`' PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~~Mb~e 5,19 96 James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: ~ ~,o.~~w, S~,'~'b. Sec~:o,. Z- TaxMapNo.: 1000-n~-~-19ao lzi-~-~•~ Street Location: c~ Aoa Hamlet Location: /V~~d- +.,cF- Type of Application: Sketch Subdivision Map (Dated 1 ! ) X Preliminary Subdivision Map (Dated 8 /z3 /9b ) Final Subdivision Map (Dated J I ) Road Profiles (Dated 8 / z3 /`t6 l Grading and Drainage Plans (Dated / / ) Other (Dated J / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated ! / ) Grading and Drainage Plans idatetl I / ) Other (Dated / / ) Comments~yert~2. ce~~ew• 1~ .:11 int orrjrar T ,,;1~ 4Sk a~.al;ran,k- "~'b •~C cSr ~ 4 rc+; rcr,{._ Contact person: / V ~ I Ss F~ ~ IQn PLANNING BOARD MEMBERS S~F RICHARD G. WARD )Y O~0 COG~~ Town $all, 53095 Main Road Chairman ti~ P.O. Box 1179 v c ~ Southold, New York 11971 ' GEORGE RITCHIE LATHAIDf, JR. ~ y = ~ Fax (516) 765-3136 BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS O ~ Telephone (516) 765-1938 KENNETH L. EDWARDS ~y~Ol ~ ~a~ ~U' PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Albert J. Krupski, Jr. Southold Town Trustees FROM: Melissa Spiro, Planner RE: Major Subdivision Thornton Smith, Section 2 SCTM# 1000-113-7-19.20 & 1000-121-1-1.1 DATE: September 9, 1996 As per our discussion, I have attached the preliminary subdivision plan and the road and drainage plan for the above mentioned subdivision for your review. Please contact me if you need any additional information or have any questions regarding the proposal. ek, r ~ . ~UbJ i f Submission Without a Cover Letter Sender: 1 Ca„ ~C\ Date: ~ISI ~6 Subject: ~ I~orr~ Sec.-~~ar -Z. I Comments: 6 ~r~- 5 i~ LOCATION MAP 1"=600' THORNTON SMITH, SECIlON 1 ~ORNTON SMtTH, SECTION. 1 10 ~D 619 AREA ~- AREA 6 Thornton Sm.tth' SectiOn L77' L=2 STA. '- now or °rh~erlY '~ "-._.., County 3EST HOLE #1 ~EST HOLE #2 EST HOLE 5O TOP SOIL & LOAM SAND & GRAVEL 26' DRAINAGE CRITERIA & CALCULATION~ 9.57 L=24E R-~73~00' Young & Young, Land Surveyors 400 Ostwander Atmnt~e, R~vewh. ead, New York 11901 516-727-2303 ROADWAY: DETNL Catherine '35,00' 16' ASI HALT 5.0008 O'r%inoge Eosemen( ,' / Thc now of '~otZ &~ ~o\tar Gars or {orrner/Y ~ · 'toe %\ro'tdch <~, 5.0(t05 ACRES Cz[ NOTE: GOtZ ~ "SWALEP SP.DWG" (8~005) MR ]~ORNTON SMITH 4~ OROOKSIDE DRIVE PLANDOME, N.Y, 11030 PRELIMINARY SUBDIVISION PLAT THORNTON SMITH, SECTION 2 At: MATTITUCK Town of: SOUTHOLD Suffolk County, New York 1000 113 7 19.20 Surf Co. Tax Mop: ~ lOOO ~ 121 ~ I ~ 1.1 SCALE : 1 =100 JOB NO. : 95~768 SHEET NO, :1 OF 2 1996 1996 1996 1998 1996 OWNER: SITE~DATA: 1, TOTAL AREA = 53 2907 ACRES 2. 20NINQ USE DISTRICT: A-G, AGRIDULTURAL CONSERVA~ON S. NO, OF LOTS = 6 4. TOTAL LENTH OF ROAD = 2309' · 1. · = MONUMENT FOUND 2. · = STAKE FOUND 3, ELEVATIONS ARE REFERENCED TO N.S,V.D.(M.S.L 1929) 4. ALL STORM SEWER TO BE SMOOTH SORE POLYETHYLENE PIPE (P.E.P.) A,D.S. N-12 OR EQUAL WITH METALIC TRACER STRIP. 5. ALL CONSTUCTION TO BE IN ACCORDANCE WITH THE TOWN OF SOUTHOLD ROAD L~ DRAINAGE STANDARDS. 6. PROPOSED UNDERGROUND ELECTRIC, TELEPHONE, CABLE TV, & STREET LIGHTINO NOT SHOWN HEREON, PVI STA = (]+50 pVI ELEV = 54,10 H P STA = 0+,54.16 H P ELEV ~- 53,99 A.D. = -1.85 K = 27 29 50.00' VC PVI STA = 6+00 PV~ ELEV = 49.90 L P STA = 6+04.50 L P ELEV = 50.03 A.D. = 1,36 K = 55,00 PVI STA = 9+00 PVI ELEV: 51.70 H P STA -- 6+65 H P ELEV - 51,54 A,D. = -2.00 K = 37.50 - 75,00' VC ~ PVl STA = 12+00 PV[ ELEV: 47.50 A.D, = -1.62 ;I ~ 76.0 vc---- EXISTING GRADE~ ~ ~ :~ + ~ ~pR3POSED ,RAOE ~~~ LP ~6~ ~ MH A ~ ~ STA 6+04. . STA 10+19'. 57 I STA ~7 ~ TG=48.95 , TR=50.18 TG=48.95 IE=44, eg(N, IE=42.57 IE=4~.89(~ IE=40,72(~ LP ~7~ STA 6+04, 3 STA 10+19. 57 TG=48.95 TG=48.95 IE=~4.95 IE=44.95 1+00 2+00 ~+00 '4+00 5+00 6+00 7+00 8+00 g+O0 10+00 11+e0 12+00 15+( PVI STA 15+50 I ', PV] ELEV = 36.23 L P STA = 16+01,44 L P ELE~, ~ 36,61I STA: 22+00 A.D, = 3 82 H +1~ '~ '= ~ - EXISTIN( GRADE ~-PROF OSED GR ~DE LI 'S A 16+01.44 T( ;=55.53 IF :31.53 LP #1 ..¢ L' #2 STA 15+79. ~2 SrA 16+01.44 '0=35.59 T =35.53 IE=31.17(S,E I[--31.27(N,W) 13+00 14+00 15+00 16+00 7+00 118~-00 19+00 20+00 21+00 22+00 23+00 WAY PROFILE CENTERLINE RIGHT OF EL=54 SD-- BUBBLE BASIN DETAIL Young & Young, Land Surveyors MANHOLE DETAIL PRELIMINARY SUBDIVISION PLAT THORTON SMITH, SECTION 2 At: MATTITUCK Town of: SOUTHOLD Suffolk County, New York Suff. Co. Tax Mop: 1000 113 7 19.20 i 1000 i 121 i 1 i 1.1 AUG. 23, 1996 AUG. 1, 1996 JULY 24, 1996 MAR. 25 1996 DATE :MAR, 5, 996 SCALE :AS SHOWN JOB NO. :95-769 SHEET NO.:2 OF 2 "SWALEPSP.DWG" LOCATION MAP 1"=600' THORNTON SMITH, SEC~ON 1 THORNTON SMITH, SECI~ON 1 R/GB OF TO ~ 679 now or ~ormer/Y PLAN R~760.00' L=263.77' '78 LANE ARBOR L=248. s7 L ' ~ A~o 7 18 24"W = 16 ~. 19 · I HEREBY CER~FY ~rlAT ALL LOTS SHO'~q ON THIS PLAT COMPLY WITH THE BUILDING ZONE ORDINANCE CF THE TOWN OF SOUTHOLD, · I HEREBY CER~FY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED MARCH 12. 1996 AND THAT ALL CONCREI~ MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSI~ONS ARE CORRECTLy SHOWN AND A~ DIMENSIONAL AND GEODE~O DETAILS ARE CORRECT' DAI~ OF APPROVAL CHAIRMAN (TOWN OF SOU~HOLD PLANNING BOARD) THE APPROVAL OF THIS MAP DOES NOT CONSI]I1J~ ~E ACCEPTANCE OF HIGHWAYS SHOWN ~rlEREON AS PUBLIC ROADS. A DEC~RA~ON OF CO~NANTS AND RES~IC~ONS HAS BEEN FJ~D IN ~E SU~OLK COUN~ CLERKS OFRCE IN LIBER CP ~E WA~R SUPPLY AND SEWAGE DISPOSAL FAClD~ES FOR A~ LOTS IN ~IS DE~LOPMENT SHALL COMPLY ~ ~E STANDARDS AND REOUIRE~ENTS OF ~E SU~OLK COUN~ DEPAR~ENT OF !~UFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES J BASED UPON THE INFORMATION SUBMITTED FOR q-liS PROJECT, FILING I~F' A REALTY SUBDIVISION OR DEVELOPMENT MAP WITH THIS DEPARTMENT I~' NOT REQUIRED UNDER THE TERMS OF ARllCLE 6 OF THE SUFFOLK OUNTY SANITARY CODE SrNCE ALL PARCELS ARE RESIDENTIAL AND EACH ]BDIVIDED PARCEL IS GREAR~R THAN 5 ACRES IN AREA, ~PLICATrON MUST BE MADE FOR APPROVAL OF CONSTRUCTION OF WATER IPPLY AND SANITARY FACILITIES FOR EACH INDIVIDUAL PARCEL AND 'ANDARDS OF THE DEPARTMENT, EFFECTIVE AT TIME OF SUBMISSION, JST BE SATISFIED LO~_ '7 5.000~, Acres L=24] 73500' L $ S63 ~ R=685'00' 1"=3 138.06' L=285.~8' L=283.12' 1_--303.78' ~47.06' S59' Lot ~ Lot 5 5.3~50 Acres I 5.00~2 Acres // Drainage ernent ~0 Acre~!~' ~ ~ 282.74' S67'53'48"W Thornton Smith, Section 1, Suffolk County File No, 9836 Lot 3 t45V~3 ' LO~- 6 5A861 Acres 408.29' 691 5.0055 Acres Young & Young, Land Surveyors 400 Ostra~der Ave~e, ~vewh, ead, New York 11901 516-727-2303 (ormer\'Y LOt 9 5.000Z ~creS ~5'o 9or\Wn APPROVED BY PLA,~ .... j BOARD TOWN OF SoUTHOLD NOTE: 1. · ~ MONUMENT FOUND 2. · = STAKE FOUND SITE DATA: 1 TOTAL AREA = 33.2907 ACRES 2. ZONING USE DISTRICT: A-C, AGRICULTURAL CONSERVATION 3 NO, OF LOTS = 6 OWNER: MR THORNTON SMITH ¢¢ BROOKSIDE DRIVE PLANDOME, N.Y 11030 FINAL PLAT THORNTON SMITH, SECTION 2 "~ ~ At: MATTITUCK Town of: SOUTHOLD ~ ~e~_ Suffolk County, New York Suff, Co. Tox Mop: ~ looo i 121 i 1 i 1 5 DATE 'SEPT. 11, 1996 SCALE : 1'=100' JOB NO. 95-768 SHEET NC.:1 OF 1 "SECT2 FP DWG" (53003) LOCATION MAP 1"=600' THORNTON SMITH, SECIlON 1 ~ORNTON SMtTH, SECTION. 1 10 ~D 619 AREA ~- AREA 6 Thornton Sm.tth' SectiOn L77' L=2 STA. '- now or °rh~erlY '~ "-._.., County 3EST HOLE #1 ~EST HOLE #2 EST HOLE 5O TOP SOIL & LOAM SAND & GRAVEL 26' DRAINAGE CRITERIA & CALCULATION~ 9.57 L=24E R-~73~00' Young & Young, Land Surveyors 400 Ostwander Atmnt~e, R~vewh. ead, New York 11901 516-727-2303 ROADWAY: DETNL Catherine '35,00' 16' ASI HALT 5.0008 O'r%inoge Eosemen( ,' / Thc now of '~otZ &~ ~o\tar Gars or {orrner/Y ~ · 'toe %\ro'tdch <~, 5.0(t05 ACRES Cz[ NOTE: GOtZ ~ "SWALEP SP.DWG" (8~005) MR ]~ORNTON SMITH 4~ OROOKSIDE DRIVE PLANDOME, N.Y, 11030 PRELIMINARY SUBDIVISION PLAT THORNTON SMITH, SECTION 2 At: MATTITUCK Town of: SOUTHOLD Suffolk County, New York 1000 113 7 19.20 Surf Co. Tax Mop: ~ lOOO ~ 121 ~ I ~ 1.1 SCALE : 1 =100 JOB NO. : 95~768 SHEET NO, :1 OF 2 1996 1996 1996 1998 1996 OWNER: SITE~DATA: 1, TOTAL AREA = 53 2907 ACRES 2. 20NINQ USE DISTRICT: A-G, AGRIDULTURAL CONSERVA~ON S. NO, OF LOTS = 6 4. TOTAL LENTH OF ROAD = 2309' · 1. · = MONUMENT FOUND 2. · = STAKE FOUND 3, ELEVATIONS ARE REFERENCED TO N.S,V.D.(M.S.L 1929) 4. ALL STORM SEWER TO BE SMOOTH SORE POLYETHYLENE PIPE (P.E.P.) A,D.S. N-12 OR EQUAL WITH METALIC TRACER STRIP. 5. ALL CONSTUCTION TO BE IN ACCORDANCE WITH THE TOWN OF SOUTHOLD ROAD L~ DRAINAGE STANDARDS. 6. PROPOSED UNDERGROUND ELECTRIC, TELEPHONE, CABLE TV, & STREET LIGHTINO NOT SHOWN HEREON, PVI STA = (]+50 pVI ELEV = 54,10 H P STA = 0+,54.16 H P ELEV ~- 53,99 A.D. = -1.85 K = 27 29 50.00' VC PVI STA = 6+00 PV~ ELEV = 49.90 L P STA = 6+04.50 L P ELEV = 50.03 A.D. = 1,36 K = 55,00 PVI STA = 9+00 PVI ELEV: 51.70 H P STA -- 6+65 H P ELEV - 51,54 A,D. = -2.00 K = 37.50 - 75,00' VC ~ PVl STA = 12+00 PV[ ELEV: 47.50 A.D, = -1.62 ;I ~ 76.0 vc---- EXISTING GRADE~ ~ ~ :~ + ~ ~pR3POSED ,RAOE ~~~ LP ~6~ ~ MH A ~ ~ STA 6+04. . STA 10+19'. 57 I STA ~7 ~ TG=48.95 , TR=50.18 TG=48.95 IE=44, eg(N, IE=42.57 IE=4~.89(~ IE=40,72(~ LP ~7~ STA 6+04, 3 STA 10+19. 57 TG=48.95 TG=48.95 IE=~4.95 IE=44.95 1+00 2+00 ~+00 '4+00 5+00 6+00 7+00 8+00 g+O0 10+00 11+e0 12+00 15+( PVI STA 15+50 I ', PV] ELEV = 36.23 L P STA = 16+01,44 L P ELE~, ~ 36,61I STA: 22+00 A.D, = 3 82 H +1~ '~ '= ~ - EXISTIN( GRADE ~-PROF OSED GR ~DE LI 'S A 16+01.44 T( ;=55.53 IF :31.53 LP #1 ..¢ L' #2 STA 15+79. ~2 SrA 16+01.44 '0=35.59 T =35.53 IE=31.17(S,E I[--31.27(N,W) 13+00 14+00 15+00 16+00 7+00 118~-00 19+00 20+00 21+00 22+00 23+00 WAY PROFILE CENTERLINE RIGHT OF EL=54 SD-- BUBBLE BASIN DETAIL Young & Young, Land Surveyors MANHOLE DETAIL PRELIMINARY SUBDIVISION PLAT THORTON SMITH, SECTION 2 At: MATTITUCK Town of: SOUTHOLD Suffolk County, New York Suff. Co. Tax Mop: 1000 113 7 19.20 i 1000 i 121 i 1 i 1.1 AUG. 23, 1996 AUG. 1, 1996 JULY 24, 1996 MAR. 25 1996 DATE :MAR, 5, 996 SCALE :AS SHOWN JOB NO. :95-769 SHEET NO.:2 OF 2 "SWALEPSP.DWG"