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Home My WebLink About1000-26.-2-39.10 4 Young & Young, Land Surveyors c _p_ 400 Ostrander Avenue, Riverhead, New York 11901 sun FJ U g - ,.s . . r__ 510-7E7-2303 KING 14.E i \ OTILITY POLE / I Jill 90ung O O S S60°47"3p"E, RDA Aden r. Young, PraJuelonai Fnginser & Land Surveyor wile R T OQ' P.NX' p �� _ o £ I ow formerly T I 50. Howard s. Young rand Sumeyor Thomas t F. Abrr, zo, Land S eyoreer �. hiller glmnmc -O £ z a) O I U3 - I George G• Se E - �- \ Kenneth F. A6ruaao, Land Surveyor gymPamy £ - CF 4J-'�• 1 1 N.81°17 50' o I ul ❑ .Oo 13 Ig T5 IIVr-JI \ - I. '�F I Y 7H L IR-9D ; '� HEREBY CERTIFY AT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE REQUIREMENT OF THE BUILDING ZONE ORDINANCE OF THE I �NrN.ybp , I ^ 0 1 I I �.�, ❑ _J I L ' 20WN OF WOF THE N OF SOU7 TOWN SOUTHOLD, EXCEPT W ANDA ARTICLE(XVIII OF THE CODE OF THE o �3 TO HOLD. zl I _ y DEVELOPEMENT SHALL CONFORM TO TXE R-40 ZONING USE DISTRICT. now or formerly d m o �' -1 ,) I v Ip• i S TENRADE ___ PAgNSj �' PRINCIPLE AND ACCESSORY BUILDING SETBACKS FOR ALL LOTS IN THIS E Dz R er Brenner & wf E Bs c o �_ /4�% °^ J- `+, woE former A 526°4210"E. r9 h ro v m °� 6� Y- 1 n'eo �, 1 RO 1055 ° N) - ° P /. \� - `Robert J.Dau v \ 120.00' 0 0= \ o N.89°03'00"E. 3 .E a NI V/r2' td mGrl - 103.20' 3 a` w ' SBO° 04 ^ p �.. \ \ s\ L y £ rq _M ti 7 4730 E• I \ / ,�', 11I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS Doty R. Douglass PRIVET xEOfiE } N ^ I 364 --0 720 E' A 1 COMPLETED AUG.24,1993 AND THAT ALL CONCRETE MONUMENTS SHOWN O? - 'O o v / 20 0 }/ THUS: ■ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY O/ \\ \ in ❑ 2 g4.4- 3gp0 E '( ♦ SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." \\ D 030003 \ .88°2150E. p'' vi �016'40"E. . I m m 36T. O ", Y /`rA'W'iY.� .7y �•e� E i 64 25a 114.17' S.88 1640"E. I N n £ KENNETH F ABRUZZO, N.Y.S. L.S. LIC N0.49999 x N UTILITY _ 160.00'\, f m \ n` 9qm b Y POLE \ N R ``4 4 N 4 �- oily 150��QQA0 �3m �. 43645 S.f. r m SRA o N§ N:88d2115d11W. °o, Xoi or, o�_ -a,� THE WATER SUPPLY B SEWAGE DISPOSAL FACILITIES FOR ALL LOTSR� OI v - a IP IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND d/ 9?g2263p•, \ to -v N r- m 1.002C4C. _ _ m rkl LOCATION MAP REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH. now I f f\ rly . N 1820036 S.f. m M I -- Orf n r SCALE: I�6600 ,�/: Gti NE Jill o or; IN a R.Do loss4 1.8833 AC. TEST DIF / 1 \�o e E'OeU �19 +''`�P{ p•` O�`yvo�° (%.�`0"n4•.rLe �, �i(��c�c.�w �i�� \��•�� m g m <�` .4�� THOMAS C.WOLPERT, N.Y.S P.E. LIC NO.61483 Q �� 5.88°21'50E. ° N. 100' 370,00' 1 m N.BB°2I'S0'W. 207.96' o' \ IBSr•� S IAoM _ 110.00 _ _ \ m c.RO G m ' I N Z r 1 I op W �� _ "ate ('Jr1 1�' PLAN HAS BEEN ;q. i \1 O n O eo Iso Dmv AY 111 : / I W. I'O EaS� THIS IS TO CERTIFY E 16 OF IS SUBDIVISION \ I �• so',1 h _s yg E'' : E��__us.e'-- 11 (° APPROVED BY ARTICLE 160E THE TOWN LAW, p_ I 67494 S.f. owll +&�� WD.DECK h 1.5494 AC. I m .•.,' , l;.'.''' �o NEwY O 2STY F ANE ` I N G. �T� ip ° --��-- WELL I O I NweEb n. \`I s° , /SPS WQ�vSp DATE OF APPROVAL CHAIRMAN D 0 O Nq\O9 nn°I ENVEDLGI°E I WwELL ` �W * W c \ \g I P 1 - -- n o A DECLARATION OFCpyENANTS AND RESTRICATIONS HAS BEEN FILED Gr\y _ 5.88°21'S011E. STONE eonD 302.95' S m 3 C7 IN THE I SUFFOLK COUNOTY CLERK 5 OFFICE IN LIBER 11695 CP. 202 ( fpr OJ9\054 i I I4 °' �°Jio Ik0 / d .O •� 6 3 �a S IN L CP S ALSO SUBJECT Tomb CP 347 AS FILED IN THE tP v SUFFOLK COUNTY CLERKS OFFICE IN LIBER 66 CP, 347 A6 MODIFIED BY 1 p �N J787(88 S.f, , �p / I IE �D 748 INSTRUMENTS FILED IN THE SUFFOLK CWNTY CLERKS bFFICE IN or Ni I M / I I� p �O+=ESSIONP�' LIBER 7108 CP. 232 BIN USER 11695 CO. 201 \ opcY 210.00 1' \ : ° / to N N N>qD N.88°21'50"W. 1 I 1.808,7 AC. delX °J / I ¢ NOTE: FINISHED GRADE ` .6 2. 'i 11 i % x , y / II O 1. ■ = MONUMENT FOUND 0 = PIPE FOUND ae GAL. i� �. 1 I w i / O l� 2. TOPOGRAPHY SHOWN HEREON IS FROM ACTUAL SURVEY \ ^ � ' , II 'a/ 1 AND "TOPOGRAPHIC MAP-FIVE EASTERNTOIL GT" O I} I / ZO `Q1• / � �/ ,'n FORTHESUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS. I,� o now or for erly n �n6.OgOi \ Stuart B of m I 54950 // 1 Iv/ 1 @e / Mager v / 1 11 \ I 81.111 OIIV VNO W1TE11 \ - e m 11 N.88°21'50"W, OWNER: _ R Of 0•-'�- / / WILLOW TERRACE FARM ,INC. 3 \\ N 9 o'il)" t0 m NOS / C/O JOHN WAGNER, ESQ. APPROVED BY 560\1 I tk m I P.O. BOX 279 EXISTING ROAD TO BE FINE GRADED TO A sUIM RSI.LE PAN" \ // pw '(err0 5 ' -1 -- 011 DO a �� / WIDTH OF I6. PROVIDE ADDITIONAL STONE BLEND 108 E.MAIN ST. PLANNING BOARD / I WHERE NECESSARY TO MAINTAIN UNIFORM GRADES, RIVERHEAD, N.Y 11901 TYPICAL WELL DETAIL CO `IW` N0' I - O / 0- I ANDA 3°CROWN. PLACE 2-1/2"LIFT OF BINDER f \e WHERE / 3 y 0 I \\ ASPHALT AS PER TOWN OF SOUTHOLD HIGHWAY TOWN OF SOUTHOLD \ IJY 0' fY I ``O E \ \ I SPECIFICATIONS. -.UU.� ,:wrr.�,PSP,:1.m„Pw., ., d'\N1s40t SUffO\k I lm o` ". s XNM -- �C 3 Sub f J� pi '� �� :;oU° TN I A— ,� ITMEINO7 UPry 1Ef`. -1 y� 1 •` TE 1,� o PIx ILxEO GRmE O \ / <af O/�. Z p I \ I �\ 11 II :!'C1 _ /-L�.��Yi e'NA%. = El'. �� F � �`� / 0 � I m� � I II( \\ 1 1 � - �71:I� i I � ry vi .. . FArmS oyIII�p�A2TzQACZ SITE DATA ( ��/ \ \\� 1 Z 3 \��/ I \ \ h 7JfJ.I.(.1'7/6l- o,in i , I. TOTAL AREA = 7.9948 AC. Pvc R'rvc T g o I I \\ \ W, I . ,, r ',�n+' Irr1-r 'rNw'� 1 i lbc.. Iv°A -t g 2. TOTAL NO. OF LOTS = 4 .,XIX G°°GG PT o0 o I vl I Ur wal I xlv?;� 3. ZONING USE DISTRICT% ,,DIY UI i ,t CJ 1 LEACHING \ of l 0 3 I I \ \ a! LI„ IU . D'Js n Ir.. . I. r t LEILXINO PE° :. T SEPTIC TANK \ S i yrrED v 3 1111 , ! n " tr , GJun : R 40 RESIDENTIAL LOW DENSITY A Ab� 3 I hl a R-80 RESIDENTIAL LOW DENSITY A 3�N6 o' m I \ il\ dT' in a x MI� GROUND WATER G)�fy \V TYPICAL SEWAGE DISPOSAL SYSTEM iS l Of 11 11 \ t (YdryQLT( � N O U Si3N I I;UI `.€T,1': s 1. E ,�-e � k7 2 9 199 � by R 6 1 POND -� (r' _ SEP USE 2 POOL SYSTEM XJAYY g ,9 / �p FINAL PLAT SOUMNG BOARD \\ o F 1 _ .. ..,, ' PROPERTY LINE �� S\ f \ \\ / / MAP OF .II WELL �l1 IC 12.0 \ / �. ,Yn-.a. .,. ... . x..,..v.�u-.r. . .�.�.,, ._i�m.,i a, .1 WELL . o �� yX & II ryq WILLOW TERRACE FARMS , INC. NTe�T xo-e °@ A. I_ POr / / N ,I'e; c1 -' _ kh" k � At: ORIENT Town of: SOUTHOLD GARI 0 0 G. 7p gro ..,.. . -. _q� _ I o' �` NGGGE ;; RILTYLGA 2,5, \\ \ unll /' Suffolk County, New York 8 e L eE / PT°WVERVE \\ \ 11 'll \ . :I . ° Suff, Co. Tax Map: 1000 26 2 39.10 E EPTIC T1XN SEPI C T4NX '`NL /L I DLmOe s.alON 9IOeN �t III 6 MINMIX {LNIHO LGOLXINO ° 129' GROUND WATER \ rGre�� NC� t �•}�Ni1 fi' 1 L V POOL P OW'E"y J y4p� ROAD no' �� * * *3� +�"'j JULY 12, 1994 APR. 22, 1994 FEB 28, 1994 �'X JAN 7, 1994 6ibS q /" NOV. 2, 1993 RO TYPICAL PLOT PLAN ISI �� 489 q DATDAT o / 02 'C1, Xo o G. las alb F "LAND SLAS ND SCALE 1"= IGOP JOB NO. : 92-0464 SHEET N0. :1 OF 1 �4 1 Oi 50382, PLANNING BOARD MEMBERS Richard G.Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham,Jr. a ' P. O. Box 1179 Bennett Orlowski, Jr. -., �'AYY v Southold, New York 11971 Mark S. McDonald �! 9 >' Fax (516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 1994 John Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Major subdivision for Willow Terrace Farms, Inc. SCTM# 1000-26-2-39.10 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 3, 1994: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated July 12, 1994. Conditional final approval was granted on August 22, 1994. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Sincerely, D e �14 ell Richard G. Ward Chairman enc. cc: Tax Assessors Building Department DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 1st day of September, 1994, by WILLOW TERRACE FARMS, INC. , a domestic corporation with offices located at Willow Terrace Lane, Orient, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner of property in the Town of Southold, County of Suffolk, and State of New York, shown on "Map of Willow Terrace Farms, Inc. , " made by Young & Young, Land Suxveyors, _:dated August 24, 1993 , and last revised July 12, 1994, 1994, which property (hereinafter the "subject property" ) is particularly described in "Schedule All annexed hereto; and WHEREAS, the Declarant has heretofore applied to the Planning Board of the Town of Southold (hereinafter the "Planning Board" ) for permission to subdivide the subject property into four (4) parcels; and WHEREAS, as a condition of granting approval for the aforesaid subdivision, the Planning Board has required the Declarant to subject the subject property to certain covenants ; NOW, THEREFORE, it is hereby declared as follows : 1 . There shall be no future subdivision of any lot in the subdivision, in perpetuity. 2 . All stormwater runoff resulting from development and improvement of the subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow- inter--Orient:--Harbor or-Major'-s Pond— -- – ---- -1- I r 3 . Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Orient Harbor or the wetlands bordering Major' s Pond. 4 . Access over the proposed roads of the subdivision shall be granted to all lots contained in the "Map of Willow Terrace, Section One, " which was filed in the Office of the Suffolk County Clerk on November 28 , 1969 as Filed Map No. 5407, as well as to each of the- following parcels : Suffolk Countv Tax Map Reputed Owner Parcel Number 1000-026-02-39 . 1 Nancy Douglass 1000-026-02 -39 .2 Nancy R. Douglass 1000-026-02-39 . 7 Irwin D. Schorer and wife 1000-026-02-39 . 8 Nancy Douglass 1000-026-02 -39 . 9 Nancy Douglass 1000-026-02-39 . 11 Stuart Mager and wife 5 . The Declarant shall not, at any time hereafter, discontinue, annul , abridge, or affect the rights of the owners of any of the property described in Schedule "A" hereto and the Suffolk County Tax Map parcels set forth in the preceding paragraph to gain access to, use, and enjoy the premises designated as "Park and Playground" on the "Map of Willow Terrace, Section One, " which map was filed in the Office of the Suffolk County Clerk on November 28, 1969 as Filed Map No. 5407, which rights were established by a certain Declaration of DeclarantIspredecessars-i7r tle, Robert J. - -2- w Douglass and Nancy R. Douglass, dated December 2 , 1969 and recorded in the Office of the Suffolk County Clerk at Liber 6668 of Conveyances, Page 347 (hereinafter the °1969 Declaration" ) . Notwithstanding the foregoing, the Declarant expressly reserves for itself, its successors and assigns, any other rights it may have pursuant to the 1969 Declaration, including, but not limited to, the right, at any time, and without the consent of any owner, mortgagee, or other lienor, and whether or not the Declarant owns any portion of the premises covered by the 1969 Declaration, to alter, modify, or annul , in whole or in part, any of the conditions, covenants, and restrictions set forth in the 1969 Declaration. 6 . The Declarant, its successors or assigns shall not be liable for a violation of any covenant set forth herein unless it shall be the owner of the subject property when the alleged violation of covenant occurs . 7 . The covenants set forth above shall run with the land and be binding upon the Declarant, its successors and assigns, and the Declarant, its successors and assigns, as well as the Town of Southold, shall have the right, at any time or times, to proceed at law or in equity against any person violating or attempting to violate any of the said covenants to prevent or abate such violation and to compel compliance with the terms hereof and to recover damages for any violation. Failure to enforce the said covenants in any particular instance shall not be deemed a waiver -3- - •s of the right to do so as to any continuing, subsequent, or other violation. 8 . The covenants and restrictions set forth herein can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or of any successor to such Board, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of the day and year first above written. WILLOW TERRACE FARMS, INC. By: 1 NANCY R. DOUGLASS,7ESIDENT STATE OF NEW YORK) ) :ss . COUNTY OF SUFFOLK) On this / }r day of September, 1994, before me personally came Nancy R. Douglass, to me known, who, being by me duly sworn, did depose and say that she resides at Willow Terrace Lane, Orient, New York, that she is the President of Willow Terrace Farms, Inc . , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. NOTARY PUBLI.C' Fl0'(D F. KN*G, A. Notary F'ob!;- 5n•� of I. ., Ymk No. 7267BC0, �.Jolk Ccw..ty Larm cxp.rzi )or.-"ry Ji, --:a -4- " •s • t 'I + SCHEDULE A LEGAL DESCRIPTION Title No.: 9408-02404 ALL THAT CERTAIN PLOT, PIECE OR PARCEL , OF LAND, SITUATE, LYING, AND BEING-AT - ORIENT, IN THE TOWN OF SOUTHOLD, COUNTY OF SIIFFOLK AND STATE OF NEW YORK, KNOWN AND DESIGNATED AS AS THE PROPOSED "MAP OF WILLOW TERRACE FARMS" TO BE PILED IN THE SUFFOLK COUNTY CLERK'S OFFICE, BEING NORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF KING STREET WHERE THE SAME IS INTERSECTED BY THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF SCHORER; SAID POINT BEING DISTANT 808.53 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF KING STREET FROM THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF WILLOW TERRACE LANE WITH THE SOUTHERLY SIDE OF RING STREET; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE SOUTHERLY S: E OF KING STREET, SOUTH 80 DEGREES 47 MINUTES 30 SECONDS EAST 50.00 FEET TO A POINT; RUNNING THENCE THE FOLLOWING 29 COURSES AND DISTANCES: 1. SOUTH 9 DEGREES 12 MINUTES 30 SECONDS WEST 186.65 FEET; 2. SOUTH 80 DEGREES 47 MIaNUTES 30 SECONDS EAST 73.64 FEET; 3. SOUTH 20 DEGREES 07 MINUTES 20 SECONDS EAST 94.98 FEET; 4. NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 36.70 FEET; S. SOUTH 11 DEGREES 21 MINUTES 00 SECONDS EAST 141.20 FEET; 6. SOUTH 10 DEGREES 18 MINUTES 40 SECONDS EAST 171.38 FEET; 7. SOUTH 03 DEGREES 36 MINUTES 40 SECONDS WEST 180.20 FEET; S. SOUTH 63 DEGREES 00 MINUTES 50 SECONDS WEST 176.20 FEET; 9. SOUTH 27 DEGREES 17 MINUTES 20 SECONDS EAST 23.00 FEET; 10. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST 81.11 FEET; 11. SOUTH 01 DEGREES 38 MINUTES 10 SECONDS WEST 390.26 FEET; 12. NORTH 46 DEGREES 30 MINUTES 00 SECONDS WEST 67.14 FEET; 13. NORTH 01 DEGREES 38 MINUTES 10 SECONDS EAST 489.37 FEET; 14. NORTH 88 _DEGREES 21 'dINUTES 50 SECONDS WEST 210.00 FEET; 15. NORTH 74 DEGREES CS MINUTES 10 SECONDS WEST 134.61 FEET; 16. NORTH 10 DECREES 19 MINUTES 00 SECONDS WEST 190.95 FEET; uwM.r -LEGAL DESCRIPTIOPj- LEGAL DESCRIPTION (Continued) Title Nb.: 9408-02404 17. SOUTH 88 DEGREES 21 MINUTES 50 SECONDS EAST 110.0 FEET; 18. NORTH O1 DEGREES 38 MINUTES 10 SECONDS EAST 150.0 FEET; 19. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST 150.0 FEET; 20. NORTH 64 DEGREES 26 MINUTES 30 SECONDS WEST 97.42 FEET; 21. NORTH 67 DEGREES 30 MINUTES 00 SECONDS EAST 25.83 FEET; 22. SOUTH 88 DEGREES 21 MINUTES 50 SECONDS EAST 174.17 FEET; 23. -NORTH 0lt"DEGREES 17 MINUTES 10 SECONDS WEST 217.95 FEET; 24. NORTH 81 DEGREES 17 MINUTES 50 SECONDS EAST 19.75 FEET; 25. SOUTH 26 DEGREES 42 MI,`IUTES 10 SECONDS EAST 120.0 FEET; 26. NORTH 89 DEGREES 03 MINUTES 00 SECONDS EAST 103.20 FEET; 27. SOUTH O1 DEGREES 43 MINUTES 20 SECONDS WEST 119.13 FEET; 28. SOUTH 88 DEGREES 16 MINUTES 40 SECONDS EAST 160.00 FEET; 29. NORTH 09 DEGREES 12 MINUTES 30 SECONDS EAST 306.08 FEET TO THE SOUTHERLY SIDE OF RING STREET, THE POINT OR PLACE OF BEGI.`INING. �� - LEGAL DESCRIPTION .(Continued) - 2 MODIFICATION OF DECLARATION THIS DECLARATION, made as of this �-721;r1/ day of September, i 1994, by WILLOW TERRACE FARMS , INC. , a domestic corporation with offices located at Willow Terrace Lane, Orient, New York, hereinafter referred to as "Willow Terrace" ; WHEREAS, Robert J. Douglass and Nancy R. Douglass, his wife, are the Declarants under a certain Declaration dated the 2nd day of December, 1969 (hereinafter the 111969 Declaration" ) , which Declaration is recorded in the Office of the Suffolk County Clerk at Liber 6668 of Conveyances, Page 347, and which Declaration imposes certain conditions, covenants, and restrictions on certain premises described in "Schedule All annexed to the said Declaration, ' i a copy of which "Schedule All is annexed hereto; and WHEREAS, by Paragraph 1115" of the 1969 Declaration, the aforesaid Declarants expressly reserve the right at any time, whether or not the Declarants own any part of the premises covered by the 1969 Declaration and without the consent of any owner, mortgagee, or other lienor, at any time to alter, modify, or annul, in whole or in part, any or all of the conditions, covenants, and restrictions set forth in the 1969 Declaration as to any lot or lots, or the whole of the premises covered by the 1969 Declaration; and WHEREAS, Paragraph 1115" of the 1969 Declaration was modified by an instrument executed by Robert J. Douglass and Nancy R. Douglass, his wife, dated February 7, 1972, and recorded in the Office of the Suffolk County Clerk at Liber 7108 of Conveyances, 4 • i Page 232 , to provide that, notwithstanding the aforesaid rights of the Declarants of the 1969 Declaration to alter, modify, or annul the conditions , covenants, and restrictions of the 1969 Declaration, the Declarants of the 1969 Declaration or their successors or assigns shall not have the right to increase the annual charges as set forth in Paragraph 1118 " of the 1969 Declaration without the consent in writing of all of the owners of the property affected by the 1969 Declaration; and WHEREAS, Paragraph 1119" of the 1969 Declaration provides that the 1969 Declaration shall be binding upon, inure to the benefit of, and be enforceable by the Declarants, their successors and assigns, and expressly confirms that the aforesaid right of the Declarants to alter, modify, or annul the 1969 Declaration may also be exercised by the successors and assigns of the said Declarants; and WHEREAS, Willow Terrace is the successor in interest to the t aforesaid Declarants of the 1969 Declaration pursuant to a deed from Robert J. Douglass and Nancy R. Douglass, his wife, to Willow i Terrace Farms, Inc. , which deed is dated May 28 , 1973 , and is i recorded in the Office of the Clerk of Suffolk County at Liber 7421 I of Conveyances, Page 285 ; and i WHEREAS, Willow Terrace desires to modify the 1969 Declaration in certain respects; NOW, THEREFORE, Willow Terrace hereby declares as follows : 1 . Paragraph 116" of the 1969 Declaration is modified to read in its entirety as follows : I -2- i "No separate or detached accessory structure of any kind or nature shall be erected, placed, used, or maintained on any lot with an area of one (1) acre or less . Separate or detached accessory structures may be erected, placed, used, or maintained on any lot over one (1) acre in area provided that, prior to the initial construction, placement , or use of any such accessory structure, the Declarants, their successors or assigns, shall have approved in writing the size and architectural design of the proposed structure . " 2 . Paragraph 1110" of the 1969 Declaration is modified to read in its entirety as follows : "No fence, whether fabricated or growing, shall exceed four (4) feet in height without the prior written consent of the Declarants, or their successors or assigns . " 3 . Paragraph "11" of the 1969 Declaration is modified to read in its entirety as follows : "No title to land in any street opened or laid out by the Declarants or their successors or assigns is conveyed or intended to be conveyed to the owner of any lot and the Declarants, their successors and assigns , reserve the fee of all land lying in the bed of any and all such streets, and further reserve the right to convey to any municipal authority or to any now existing or henceforth created homeowners association all of the rights , title, and interest of Declarants or their successors or assigns in and to any part or all of such streets, should the Declarants, their successors or assigns, at any time deem it expedient to do so. " 4 . Paragraph 1118 " of the 1969 Declaration is modified to read in its entirety as follows : -3- i "Any and all costs for maintenance and/or repair of any street or streets now or j hereafter providing access to any portion or i portions of the premises covered by this Declaration shall be the sole responsibility of one or more duly-approved and duly- constituted homeowners associations . " 5 . Except as specifically modified herein, the 1969 Declaration shall remain in full force and effect . IN WITNESS WHEREOF, Willow Terrace has caused this instrument to be executed as of the day and year first above written. WILLOW TERRACE FARMS, INC. By%'7 ;1 j' l NANCY R. DOUGLASSt, PRESIDENT STATE OF NEW YORK) ) :ss . COUNTY OF SUFFOLK) On this .= « day of September, 1994, before me personally came Nancy R. Douglass, to me known, who, being by me duly sworn, did depose and say that she resides at Willow Terrace Lane, Orient, New York, that she is the President of Willow Terrace Farms, Inc. , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. NOTARY PUBLIC n ;n RIGER KA..E . rE r,F GtrVYGnK NOTARY P`i=`•5'�SUFFUL;;C"uiTl NU. U.' q rcS FEB.28.199 A '✓ OOMMI - 6..L• I -4- , , r r SCIIEDULL A,.' tiM1 ,1 rV 1' , N' lilt:. ANNPXEr, TO AND:VORIVIING�A (Tilt 1 C)V,F 1UCf ACtATIC)N,' HOB GIIT;J, l7OVGt llfeh AIN1) NANCY El„, pC)UGEASS,' , w ti ' µ(t,.c i, k kll5 WI1lA, 13A1'1 U-TI"iL 211a u,�V C)1 : 171 Cisv91jUR;' 1;50(1 +{ t t'i?fir Y I'' ' ' AEE thnt`odrtufn.plot, pitice or, par rcl uC lard, witijt the build{tt ut II s improverllents thorcan er.ectedj;.situatu,'. lying and 6eing•,at Orient; n,(Itz ;�t:. 'Pown of South,old, County,of•Suffolk and State ot.New, Yocls, bognded hnd „ ' s nY �� I II 13 ' '^ �° ,. ddsoribed as fol ows;+ AI „ 7t 13ECIINNING Lit.thL thtersoction;uf the.-south dylino of lcih, strekit wi y r rel t" }r ihetwosturly.linu ul'�dui King Strout; - Froin suI'd ly,ainl 6C;Uugirinibl{,rhr1t11q � �„1 r If ,•'1 t; ' ' along,-k�bidwOstctr'ly�lino:Suuth 40;`dugreuu:OU tT7lnytrs lthti,etunds��llha� 2p0F� rant, the nan,utong fund how ur•1'urmurll'io behcbi,tn four-cc)urs6s,'.xtJr,lfollBW, r•`�t 1' pal .' a , „ 11" , 1 r 1 I,t : '� w1 ' (1)'. South,70 dulrues 21,minutos 2U seconds Wagt ;lg4 QO `ftiettt)t"rr+{{t (2) I South!20'aegroee 12minutes`3U 'secundH"East;94, Ud'I'set}I,,,thT(nE .''(3) North 72 'dogr,eas d0:inittut6pi!:60"seconds l,atst'30, 7U;1.Pu'ttt„M1lhetSb (4) `South 1'l dsgr�ee 26 minutes l0 beoottds b#tat.;143; 20.'Cesl;l+Ith, �t'1;`^, ( + along land.,'how, or•I'ormorly of ,Vande,,rbilt,,and along Ianid;now ar,f rmdrlyOl rtjt`. ,Iagtham,; South,10 degrees 23,'Pninutes 50tsodo"da4-EaStiL171 Ifedk; ',thegClGw it. �� '1', �R Y�>',{'t still..along,land'noW OrofOrinerl$.'Of.jr0.t119In�,y teh,gourFl89`.a8 f011ilw Al) .South 3 degrees•31" minutes,90 seconds WesIVA.82U<1'�e4,14' h-j . lay r ';. s (2);,Soutlr'G2 degreds.5b,;tninutes,9tlseconds Wegi`.17x bfi? cfe�l", thaYf <,11 (3) .'South 27:degress,,l'7"minutcsi 0,'sec4t ds East-ID0;{0,`(aetj' I �tLr ce hr 4 ,^;w " "` : - • (4) •South. 19 degrees,01,minutes 10 seconda.LEsst: 1; 0, 016et' thcno:t. (5)'!Soutli G' degroes. 60,r:iinutes 5U l ends'. tast dd; 20 fa,dt,f`th6nCel N (G)' South, 2.degrees l3,ininutvs'30 seeoridaYJ:ast '130, QG feet„ hen{c�' (7) ,Wasferly about 70 feet to a )quint which is South 51 degt oss z.r YY ta,r " r ?minutes:50.socdnds We,et67, 19,'fbe trod, tho lastideseribed,polrii,� tNgn a , ': (6) Sodtheastcrly. about-ltlU f[iei us m621sUI 6Gi by t1•tib ltnri; p¢ j �;a+,qty+ Viral, " de4rees%2b,minutes 30 ridcundri lEtidt 06;126 teat; ,thehco �� {r.. M1 ;;t"fir 5' } ' ; c (9) Soutli.- 4' dugrecs 17 m nuteS;Y30 st,concl.5� t1Ht.1;Ci�iF 6Cr 1',litrC; } ul1�i� (IO) South,7fi de rrcc,$):42,mittdtus'�20 H r'oAds Wust U0, 0 (e"otLrS,t �,IC , E' Ii vF f:��'� '4 �'r l� i'�,,�1 , r, !i�`�," r Ordinn Cy h1E{h WatCU fn;t r,1C,11f t�rlu ht:IlU!',)]drl 9� ttlEllTL'Li nOrt)7whetU rl�?an��tl�;�l�' �„�ni to + .e td,dai r' �'f high,_Wuter rharlC� i tI0�1'eet, !YT1Uj'e or wssI a.4%1TjctjNUred;,byLU tiPlall�,l1� 48 degree s,06,rniti4tts 00 bVtfdnds.West`;1,1U7. 10 fe6fi," ,thcn(M aldh�rland ht . �rOrmLrly. Of Jurats ,f r jU 6llglass;tftr`(!e CUU rhes{•;fl slfoh ws,ltO"Wtt: I n ' l �F ( U� t Noi'tlt,Gb dcKr of s 00,ininutes ,60 seaondd� Eust;266, 40 tlte,)i , e 1I le , I��'^,4� 4.fr n 'I, rr)�;tl�.�q'7, ';t ,, 't(2),. Nor�th,22 CIQ[�rI'Oef1 .�SQ�lYl111Uie}3y-OG.B`BCpndb 'wB8�� 1d..7,.Qrf(�ei',�n 'y�h0ih� (3) South:,7,1;'degrecs 36 rnihutes`'2U 'sseonds West 140t 6Q•:feUd tpili fi I 'Ir, ) , npw..or+l'ormerly+of'Krull, thence alongpsaid land`,of.hru;ll and a[onsrlalid+,h oC formerly of•1lrry,� North 22'dc�greos.3U,minufis p(t`sogdnds,Weat'259;'23 r rlfF IN. , i Poet; '201, said land of Troy, TQui th 10 dagreea,22,miduti3s lU,Ht�cE3t West,201,22 feet to land now,or formerly of Coapvrl th'ehte aluxin Isai Iln4s gr.Cooper,,Nortit70idegrees 52'in putdgi•00 sea'orids Er�Htl;$9; ©2,r�e�to 61d p r5 , h.T,rl } 1Cbu`bsd 1<-k Ylq�t'er formal l ,.Of Davis; tE�en0�8 alOn�}�Hnid'land.Of 1]aY38}�itwQ' �(1) Narth 19.degrods'24,,illinutes:60 secpnds`I4i!6f. "If tiet;I `thet ;t '4� ! Cllr < ` ; (2) ,North G.c�egreex 3 iiiihuttslAU seoonds Wodt" 16$: 8Urtgs �tb Ulu i i f 'southek'ly lino of Kins;Street, ,iherloS,glvng,sbid southerly lifie,611CIH�*,S,tt e 14orth44 dcgree 52,mtnuted 4Uasecnndh Eastr20,°;U4�Peet�t iand�n;3w'orofair King;•;�tt})Qnde,l,alopes,�3^�,�and itis}^.4riet�t�on0i(�`twq+�4Uilsps{ai3��[Ypvi's} M,iylfa j{I 1l,M1t YtAvYtl'ly �}y *:�1�ra 41'M1, r I !(i)3 buil.th, 6 1'n, nQ 1315,;hU d6grdsocotid�s!$as ��'1�691'2,d fe'et,"+ t1161'IL' t. ., I, u S�y,�rvr,M ry°F " r,'r ,,, 1(�) 'NOrfh`db'do grew Q6'II31ht1tes,.1101 sOCOnde 4astl•:�G `71.t fat) 't0, l.l�llt , y,ti Z 9 1 ) I , ,1 Y. , f M1 n1/ 1 v { I f-qq' h:rt -fiF �I I t 1li 1,f vel f a I , i, of rgltL, ,.' I Hen}'� � , W i � I e.J �f , i �' '. I I 9 �, I y ' , l,lil , a4"M11 tlr•+!. ,I )• 7F a.'n �'t'1 ��'�,' 6Je1M1lr.iP {.ii ; I "d �, f ,t` , I, rl 'l '. I p r., ,,, ! N , ti<. ..•;'t1ttp"r ;�4C'4b��Gld�F'�.��.��'4tSF�.. "��,�tY1��1+�tM1't,b.� Atk,4!r;n d fl IW.,i I,^ Y v'' , '` lm,''� r Y _•1,�. Y ti! 'fi''�� " '{ ip ,i,':.�.., 1 �I�J t Y'jy U� •t +{ { r16k,^r)IPyyrpr 0..} , I. III I,h , v ' , ' ' r 1 �, �,}� , r ' WIr n w + �p �'I I t r o r P Pd' , I, ! ,' ;..""iI! 4 r uli I h '� Olt ��tPNwrr� 71 h , t r i 4 ',� k f�� I Kt 1}Ir N > - ,. i I I A. dmf. 4, x Y rt . c .+ ., �I r t f`' ° � tl .,' ' t 1LL1��++pp h.' „ UBEh 6uup,:PA6E�, it '� 1 1;° n 1 rd�. li l.�f r Ir I �,, Q� r 11 II I1r I { r.,i I. f It I, I, 1 4l— 1 ` 1 a — ,. 1 f ' I. Ill }t{y}ia tt1 k .I I I .�. 1 r r 7(y f, It � �I,,' I 13 I ` :1", N4 .a` +r. T ' y', . I .1I r: I f ''.a r ,. C , r V1}r 171.1-i. , �'�`' a r ,I I � . .I I , Ip rN'f'' naw un fortnarly of, T d 13nt rel ;thcn� t .Iilunp°lend lust tnentioned'`twn coueic t .1 as foligwa: , I,. (r ` ;. ! )i fa I�, ,Lt I ,�I,e rf In ��I 1 O North•7�'degreea 30 minut£r+ OOljec;onds{Lunt lif1 ,.H2 feet; I. thendv.If I' IPI}�`. r A�t;d11 (2�rx,Nerth�B dcgtecs OD' ntinut�ca30 seconds .Wodt IG7, g4 �feet-to:tlaid !�I 4if ; r I!, �I I. if,='Il1 ,1., ec"I , duty'lt2te„f1f ittg`,Street, -th�nce�;'ntong said southexl,y line:of ICinq Street' f it ' Ii` v '�'kl S;F+. `;l: I%oCtl OBfdegreee'=iB''minutes,30,eeconde1 �1 fast'-'ii7, B1 feet foIliind now ,or'' t,, ' ''�'' I,'I' l,, i! t��,., N r6I.4�l r1�rl ,PgroY, A1auglawy thende, niong.tand,labt-,mentioned,five,courses a9 ' 1 + r+,; �i1 Nf�ii�, lF�ipWY� 1. I I . IIS ,�', I, , I,,' SII' ,1 t 1 1e w1' ,(I' ,' r; !' ' r.� ',` (11I. Soot, BTdpgtecs 51'ttninutes,llt seconds Enafll56 46'^feet' thence . < . aI �~'I'hri 1,�, i r y 4,k Ol! 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DATE OF DECLARATION: SEPTEMBER 1 ,. 1994 RECORD AND RETURN TO: CERTILMAN SALIN ADLER 6 HYMAN Attorneys for the Sponsor 90 Merrick Avenue East Meadow, New York 11554 Attn., Richard Herzbach, Esq. TABLE OF CONTENTS Page ARTICLEI. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION. . . . 3 Section 1. Properties. . . . . . . . . . . . . . 0 . . . . . . . 0 . . . . . . . 3 ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THEASSOCIATION. . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 1. Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2 . Voting Rights. . . . . . . . . . . . . . . .. . . . . . . . 3 Section 3 . Transfer of Membership. . . . . . . . . . 0 . . . 4 ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES. . . . . . . 4 Section 1. Members' Easements of Enjoyment. . . . . . . . . 4 Section 2 . Title to Common Properties. . . . . . . . . . o 4 Section 3 . Extent of Members' Easements. . . . . . . . . . . . 5 ARTICLE V. DEVELOPMENT OF WILLOW TERRACE FARMS. . . . . 6 section 1. Willow Terrace Farms. . . . . . . . o . . . . . . 6 Section 2. Easement. . . . o . . . . . . . . . . . . . . . . . . . 0 . . . . . 6 Section 3. Reservation of Easements. . . . . . . . . . . . . . . . 6 Section 4. Encroachments on Lots. . . . . . . . . . . . . . . . . . . 7 Section 5. Easement for Emergency Access. . . . . . . . . . . 7 Section 6. Easement for Repair. . . . . . . . . . . . . . . . . . . . . 7 Section 7 . Easement for Completion. . . . . . . . . . . . . . . . . 8 Section S. Future Easements. . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENT. . . . . 8 section 1. Creation of the Lien and Personal obligation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 2. Purpose of the Assessment. . . . . . . . . . . . . . . 8 Section 3. Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . 9 Section 4 . Due Dates; Duties of the Board of Directors. . . . . . . . . . . . • 9 Section S. Effect of Non-Payment of Assessments; The Personal Obligation of the Home Owners; The Lien, Remedies of the Association. . . 10 ARTICLE VII. MAINTENANCE. . . . . . . . . . . . . 0 . . . . . . . 0 . . . . . . . 11 ARTICLEVIZI. INSURANCE. . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . 11 Section 1. Common Areas. . . . . . . . 0 . . . . . . . . . . . . 0 . . . . . . 11 ARTICLE IB. USE OF PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . 12 Page ARTICLE X. DEVELOPER'S RIGHT TO CHANGE SITE PLAN. . . 14 Section 1. Right to change Site Plan. . . . . . . . . . . . . . . 14 Section 2 . Procedure to change Site Plan. . . . . . . . . . . 15 --ARTICLE SI. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . 15 Section 1. Beneficiaries of Easements Rights and Privileges. . . . . . . . . . . . . . . . . . . . . 15 Section 2. Duration and Amendment. . . . . . . . 15 Section 3: Disposition of Assets upon Dissolution of Association. . . . . . . . . . . . . . 16 Section 4. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section S. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 6. Severability. . . . . . . . . . . . . . . . . . . . . . . 16 Section 7. Special Rights of Declarant. . . . . . . . . . . . . 16 ii . J DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS Declaration made as of this 1st day of September , 1994 by Willow Terrace Farms, Inc. , a New York corporation with offices at 285 Alvahs Lane, Cutchogue, New York 11935, hereinafter referred to as "Developer" or "Declarant" . W I T N E 8 8 E T H: WHEREAS, Developer is the owner of the real property described in Article II of this Declaration and shown on the filed inap of the Property which Declarant desires to develop as a residential community with various permanent open spaces and other common facilities for the benefit of said Community; and WHEREAS, Developer desires to provide for the preservation of the values and amenities in said Community and for the maintenance of the common roadways; and, to this end, desires to subject the real property described in Article II to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said Community and each Owner thereof; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said Community to create an agency to which should be . delegated and assigned the powers of maintaining and administering the Community property and improvements and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated Willow Terrace Farms Home Owners Association, Inc. under the Not-For-Profit Corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context _otherwise prohibits, have the meanings set forth below: 1 4_ , • 1 (a) "Association" shall mean and refer to Willow Terrace Farms Home Owners Association, Inc. , a New York Not-for-Profit corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to the-By-Laws governing the operation of the Association, the form of which is set forth in Exhibit B hereto. (d) "Common Expenses" shall mean and refer to-those expenses (including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as "Assessment") . (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the residential lots as shown on the Filed Map of the Property in the Suffolk County Clerk's Office and including, without limitation the internal roadways. (f) "Declaration" shall mean and refer to this Declaration of Covenants, Restrictions, Easements, Charges and Liens, as the same may, from time to time, be amended. (g) "Developer" or "Declarant" shall mean and refer to Willow Terrace Farms, Inc. , a New York corporation and its successors and assigns, if such successors and assigns should acquire an undeveloped or developed but unsold portion of the Properties from the Developer for the purpose of development including, without limitation, any mortgagee which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Community" shall mean Willow Terrace Farms, a residential home development being constructed on The Properties which will consist of 4 Homes/Lots. (i) "Filed Map" shall mean and refer to the map for Willow Terrace Farms as filed in the Suffolk County Clerk's Office. (j) "Home" shall mean and refer to all units of residential housing situated upon the Lots on the -Properties. (k) "Homeowner" or "Owner" shall mean and refer to the record owner of fee simple title to any Home or Lot, including the Developer with respect to any Unsold Home or Lot. Every Homeowner shall be treated for all purposes as a single owner for each Home or Lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, such collective ownership shall constitute one (1) Member. 2 (1) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for residential uses shown on the Filed Map of The Properties filed in the Suffolk County Clerks Office but shall not include the Common Areas. (m) "Member" shall mean and refer to each holder of a membership interest in the Association, as-such interest is set forth in Article III. Each Member shall be entitled to one (1) vote. (n) "Permitted Mortgage" shall mean and refer- to any first mortgage covering a Home or Homes or a mortgage ' encumbering an Unsold Home then owned by Developer or its designee. (o) "Permitted Mortgagee" shall mean and refer to the holder of a Permitted Mortgage. (p) "The Properties" shall mean and refer to all such Properties described in Article II. (g) "Unsold Home" shall mean and refer to any Homes or Lots owned by the Developer and any successors or assigns, other than personal occupancy until such time as the same have been sold. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION Section 1. Properties. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of .land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in schedule "A" annexed hereto. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. The Association shall have one class of membership interest. The Homeowner of a Home, Lot or Unsold Home on the Properties subject to this Declaration shall be a Member. Section 2 . Voting Rights. Each Member is entitled to one vote irrespective of the number of Homes, Lots or Unsold Homes owned by a Member. When more than one person or entity holds such interest in the membership, the one vote attributable to such membership shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Member. For purposes of this section the word "Home" shall have the same meaning as "Lot" and there fore_if_ there_ is—no.-Home constructed on a particular Lot in the Development, the Owner of 3 such Lot will still be considered a Member entitled to cast the one vote as set forth above. No Member shall split or divide its votes on any motion, resolution or ballot. The Developer shall have one (1) vote irrespective of the number of unsold Homes or Lots it owns. Section 3. Transfer of Membership. Membership in the - Association shall be appurtenant to, and may-riot be transferred, except in conjunction with the lawful sale or conveyance of a Home or Lot. No owner shall be permitted to sell or convey his or her Home or Lot unless and until he or she shall have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board-against such .Home or Lot. Upon such sale or conveyance, the seller of such Home shall relinquish his or her membership in the Association and the purchaser of such Home shall automatically become a Member, subject to this Declaration, the By-Laws and the Rules and Regulations. ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES Section 1. Members' Easement of Enjoyment. Subject to the provisions of Section 3 , every Member and its permitted occupants of Homes, and their respective family members and guests shall have a right and easement of enjoyment in and to The Common Areas and such easement shall be appurtenant to and shall pass with the title to every Home. Except as otherwise specifically provided in this Declaration, the By-Laws or the rules and regulations promulgated by the Board, the Board may not impose any limitations upon the use and .enjoyment of the Common Areas by Members and the permitted occupants of Homes, and their respective family members. Except as otherwise specifically provided in this Declaration or in the By-Laws, the Board may not impose any fee for the use and enjoyment of the Common Areas by Members or permitted occupants of Homes and their respective family members , other than assessments against a Member's Home. Section 2 . Title to Common Properties. Prior to conveyance of title to the first Home and/or Lot on the Properties, the Developer shall convey to the Association legal title to the Common Area subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Properties and the Association, its successors and assigns: In order to preserve and enhance the property values and amenities of the Development, the Common Areas and all facilities now or hereafter built or installed thereon, shall at all times be maintained in good repair and _— - - --- condition and shall be--operated in accordance with high standards. The maintenance and repair of the Common 4 Areas shall include, but not be limited to, maintenance, repair of damage and replacement to the internal roadways, snow removal of the internal roadways, and maintenance, repair and replacement of any drainage areas, drywells, catch basins and drain inlets located on or in the Common Area. This Section shall not be amended, as provided for in Article X, Section 2 , to reduce or eliminate the obligation for maintenance and repair of the Common Areas. Section 3 . Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be ' subject to the following: (a') The right of the Association to promulgate rules and regulations for the use and enjoyment of the Common Areas; and (b) The right of the Association to dedicate or transfer all nor any part of the Common Areas, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members and their mortgagees entitled to cast eighty (80*) percent of the eligible votes has been recorded agreeing to such dedication, transfer, purpose or condition and unless written notice of the action is sent to every Member at least ninety (90) days in advance of any action taken; and (c) The right of the Developer and of the Association to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities, and the right of the Developer to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties for the completion of the Developer's work under Section 1 of Article V; and (d) The terms of the By-Laws and any rules and regulations promulgated by the Board of Directors regarding The Properties and Common Areas; and (e) The right of the Developer to use the Common Areas or. to permit the Common Areas to be used by Developer's designee or any prospective purchaser of a Home or Lot or any tenants of Unsold Homes or Lots, without charge, in accordance with and subject to this Declaration, the . By-Laws and any rules And----- -regu a ions promulgated by the Board. In adition, 5 .. . . _.. ....:_... ...,-. ..-,...�.utiw. ... . ,.. .., ,..._.guru:.«..:.. . Developer shall have the right, at any time when there shall be any Unsold Homes or Lots, to use the Common Areas, without charge, for exhibitions or other promotional functions with respect to Developer's sales programs, in accordance with and subject to this Declaration, the By-Laws, and the rules and regulations. The--provisions of Article IV, Section 3 may not be—amended without the written consent of the Developer or its successors and assigns. ARTICLE V. DEVELOPMENT OF WILLOW TERRACE FARMS' / Section 1. Willow Terrace Farms. Developer intends to build up to 4 detached Homes, roadways, and other improvements to the Common Areas on the parcel of land as described in Exhibit "A" consisting of a total of approximately 7 . 9948 acres. Section 2 . Easement. Developer does hereby establish and create for the benefit of the Association and for all Home Owners from time to time of Homes/Lots subject to this Declaration and its permitted occupants of Homes and their respective family members and guests and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under, upon and across the streets and roads in The Properties (as shown on the Filed Map(s) and any changes as they may be built or relocated in the future) for all purposes; (ii) Rights to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of The Properties. Section 3 . Reservation of Easements. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across The Properties, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and reserve easements and rights-of-way in, through, under, over, upon and across The Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with maintain and make use of the utility lines, wires, pipes, conduits, cable television- 1-ines, sewers and -drainage- lines .which may from time to time be in r along the streets and roads or other areas of The 6 Properties. In addition, Developer and any Selling Agent retained by Developer reserves the right to continue to use The Properties and any sales offices, maintenance building, model Homes, Unsold Homes, signs, and parking spaces located on The Properties in its efforts to market Homes constructed on The Properties for so long as there are any Unsold Homes and/or Lots remaining in the Development. Developer further reserves the right to maintain upon the Properties such facilities as may be required, convenient or incidental for the completion of its work under Section 1 above including, without limitation, a business office, storage area, construction trailers, construction equipment and supplies, for so long as there are any Unsold Homes and/or Lots remaining in the Development. This Paragraph may not be amended without the written consent of Developer. Section 4 . Encroachments on Lots or Common Area. In the event that any portion of any roadway, walkway, parking area, driveway, patio, deck, water lines, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler system, fences , light stihdards, building or any other structure as originally constructed by Developer encroaches on any Home or Lot or the Common Areas, it shall be deemed that the Homeowner of such Home or Lot or the Association has granted a perpetual easement to the Homeowner of the adjoining Lot or the Association, as the case may be, for continuing maintenance and use of such encroaching roadway, walkway, driveway, patio, deck, parking area, water line, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler system, building or structure. The foregoing shall also apply to any replacements of any such roadway, walkway, driveway, patio, deck, parking area, water lines, electric and gas meters, sewer lines, drainage lines, utility lines, sprinkler system, building or structure if same are constructed in substantial conformance to the original . The encroachment for sewer lines, water lines and utility lines shall also apply to 'sewer and utility lines which may run under the Home or building and utility lines which run through the attic area of the Home or building. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. section 5 . Easement for Emergency Access. Developer does hereby establish an easement of ingress and egress over the roadways and any other Common Areas in the Development for the benefit of all emergency vehicles and -personnel including but not limited to police, fire, and medical purposes. Section 6. Easement for Repair. The Board, Managing Agent, if any, manager or employee of the Association and any other person authorized by any of the foregoing, shall have, and the Common Areas shall be subject to, an easement in, to and through the Common Areas or any portion thereof in favor of the foregoing _ persons, (a) to operate, maintain,,. repair, alter, rebuild, restore and replace any of the Common Areas, including, without limitation, 7 ..y.. ..n...... . .., n...... .,..... .. ..-?M."....•:.. .. .. ..... .:r._ -....i 2...FaiAi1GY'+.nhrr.r..r�, n........ .w.w¢a...rue the maintenance of any sign identifying the Association located at the entrance thereto and any advertising and/or directional signs and (b) to perform any of their respective duties in accordance with the By-Laws . Section 7. Easement for Completion. Each Member, hereby grants a right of access to his Home to Developer or its designee, and any contractors, subcontractors, agents , and employees of the foregoing for the purposes of the repair and completion of any installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change including, without limitation, the correction of any construction defects being performed or to be performed by or on behalf of Developer with respect to the Common Areas and/or the Homes. Section S. Future Easements. Developer shall retain the right, so long as there are any Unsold Homes or Lots on the Properties, to place any easements in, to or under The Properties which Developer shall deem necessary for the benefit of the Associatibn and its Members. ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal obligation. The Developer, for each Unsold Home and Lot then subject to the Declaration ' of Covenants, Restrictions, Easements, Charges and Liens owned by it within The Properties, hereby covenants and each Homeowner of any Home by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association such Common Expenses as are fixed by the Association's Board of Directors and assessed to the Home Owners as hereinafter provided. All sums assessed by the Association but unpaid, together with such interest thereon and the cost of collection thereof as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such Homeowner against which each such Common Expenses is made. Each such assessment, together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Homeowner of such property at the time when the Common Expenses fell due . Section 2 . Purpose of the Assessment. The Common Expenses levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in The Properties as a Development and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and of the Homes and Lots situated upon The Properties, including, without limiting the foreaoinq.,_the payment of taxes ( if any) , insurance thereon, and repair, 8 _ ,a replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. Section 3. Common Expenses. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Homeowner prior to assessing the Homeowner's thereon. The Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges -,to cover any deficits from prior years and capital improvements'approved by the Board. The total annual requirements and any supplemental requirements shall be allocated between, assessed to, and paid by the Home Owners as follows: Each Homeowner shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Homes and Lots on The Properties subject to this Declaration. The Developer's obligation for such Common Expense on Unsold Homes or Lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Areas, and on Homes or Lots to which title has been conveyed and the Common Expense levied on Home owners who have closed title on their Homes and Lots based on a full-occupancy budget. In no event, however, will the Developer be required to make a deficiency contribution in an amount greater than it , would otherwise be liable for if it were paying full assessments on Unsold Homes or Lots for the Unsold Homes or Lots then subject to the Declaration of Covenants and Restrictions. The amount of any deficiency shall not include uncollected maintenance charges from Home Owners. The sum due the Association from each individual Homeowner shall constitute a Common Expense of the Board of Directors and unpaid Common Expenses shall constitute liens on the individual Homes and the personal obligation of the Homeowner, subject to foreclosure as hereinafter provided. Section 4 . Due Dates; Duties of the Board of Directors. All Common Expenses shall be payable quarterly or monthly in advance as ordered by the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Common Expenses against each Home and Lot and shall prepare a roster of the Homes and Common Expenses applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Homeowner. Upon__ the_.written request__of_ a__,__ Homeowner or a Permitted Mortgagee, the Board shall promptly 9 ....,i.„:�>.....,r,-rn.._... .. _ rot... .,.... .. .. :.. ... .. ... _...... .,..s.,..•sn.w`..,. ., .........,........,.rw.nt..nix..<,-. mortgagee or purchaser in foreclosure, the owner of such Home or Lot prior to foreclosure sale shall remain liable for the payment of all unpaid Common Expenses which accrued prior to such sale. ARTICLE VII. MAINTENANCE Section 1. Maintenance. The Association will be responsible for the maintenance, repair, replacement and snow removal of the internal roadways. Each Owner will be solely responsible for the maintenance, repair and replacement of all interior portions' of the Owner's Home/Lot and snow removal of all walks located within the Owner's Lot or for the Owner's exclusive use. ARTICLE VIII. INSURANCE Section 1. Common Areas/Master Policy. (a) The Board shall be required to obtain and maintain, to the extent obtainable and to the extent determined by the Board to be appropriate, the following insurance: (i) workers' compensation and New York State disability benefits insurance for any employees; (ii) fidelity insurance covering all officers, Board members, directors and employees of the Association and of the managing agent or agents who handle funds of the Association; ( iii) directors' and officers' errors and omissions insurance; and (iv) such other insurance as the Board may determine. The premiums for all insurance referred to above and for the liability insurance referred to below shall be a Common Expense and shall be borne equally by the Home Owners. (b) The Board shall also be required to obtain and maintain, to the extent obtainable, comprehensive general liability insurance against claims for personal injury, death or property damage occurring upon, in or about the Common Areas and in such limits as the Board may from time to time determine, covering (i) the Board, any managing agent appointed by the Board, each Board member and each Association Member and any lessee, occupant and family member. The Board shall also be required to obtain and maintain, on behalf of the Board, fidelity insurance covering the Board, the Managing Agent, if any, each Board member and each officer of the Association and each employee of the Association employed as such. (c) Members shall not be prohibited from carrying other insurance for their own benefit, at their own expense, and the Board shall not be prohibited from carrying additional insurance, provided that any such policies shall contain waivers of subrogation, and further provided that the liability of the carriers issuing insurance obtained by the Board shall not be affected or diminished by reason of any _such additional insurance carried by arip Mem-be'r. --- - --- 11 ARTICLE I%. USE OF PROPERTY The use of a Home and/or Lot by a Member or other occupant shall be subject to the rules, regulations and provisions of this Declaration, the By-Laws and any rules and regulations of the Association as they may be added to or promulgated by the Board of Directors and the following covenants and restrictions: (a) The Home, Lot and area restricted to the Member's use shall be maintained in good repair and overall appearance. (b) Any Home owner who mortgages -or sells his Home or Lot shall immediately notify the Board of Directors providing the name and address of his mortgagee or new Homeowner. (c) The Board of Directors shall, at the request of the mortgagee of the Home, report any delinquent assessments due from the Owner of such Home or Lot. (d) No nuisances shall be allowed upon The Properties nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. (e) No improper, offensive or unlawful use shall be made of The Properties nor any part thereof, and all valid laws, zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. (f) Regulations promulgated by the Board of Directors concerning the use of The Properties shall be observed by the Members. (g) The Common Expenses shall be paid when due.. (h) No resident of the Community shall post any signs, advertisements or posters of any kind including "for sale" or "for rent" signs in or on the Common Area, except as authorized and approved by the Board of Directors. (i) No person shall park an automobile, boat, trailer, off-track vehicle, camper, bus, truck, snowmobile, limousine, boat storage or other commercial or recreational vehicles (collectively "Vehicles") or otherwise obstruct any resident's use of ingress or egress to any driveway, parking space nor may any Vehicle be parked on the internal roadway in designated parking areas. Any driveway in front of each Home is restricted in use to the owner of such Home. (j) The Common Area shall not be obstructed, littered, 12 ..w w. ....Hu. ...:nr,.F v�M•..,:.a ..::w........:n'W°. µiA M. of the violator and shall be treated as such regarding late penalties and a lien upon the Property as elsewhere provided. If after imposition of a fine the violation is not corrected or eliminated, the Board of Directors may assess additional fines of $50. 00 each after serving written notice upon the violator as provided for above. If the violation results in loss of or damage to property classified as Common Area, the Board of Directors shall direct the Managing Agent or the Board, if no Managing Agent, to have said loss or damage repaired or replaced, and the actual cost of said repair or replacement shall be assessed to said violator as an additional assessment. Any costs incurred by the Board of Directors to remedy or cure any violation of these By-Laws, the Rules or Regulations as herein or hereafter established, shall be an additional common expense charged to the violator in addition to the fifty dollar ($50. 00) fine(s) levied upon the violator. Fines may be levied against a Homeowner's tenant, and the Homeowner shall be jointly and severally liable with his tenant for the payment of same. In the event the Association institutes legal action for the collection of any fines, then the Defendant shall be responsible for payment of reasonable attorney's fees of the Association plus interest and costs of suit. The foregoing provisions shall not apply to Developer unless required: (a) to comply with applicable municipal laws or regulations, or (b) to remedy any notice of violation. In the event it becomes necessary for Developer to enforce any provisions of this Declaration, the By-Laws, Rules or Regulations, such Home Owner, tenant guest, or occupant will be required to reimburse Developer or the Board for any costs incurred in connection herewith, including attorneys fees. The Home Owner shall at all times be and remain responsible for his Tenant's actions or omissions. ARTICLE X. DEVELOPER'S RIGHT TO CHANGE BITE PLAN Section 1. Right to Change Site Plan. Developer reserves the right to make minor revisions of boundary lines and road lines from those shown on the site plan in ordbr to preserve the natural topography of all or any portion of The Properties and to adjust the size of the Lots to accommodate the improvements on all or any portion of The Properties now or hereafter constructed. The rights reserved to Developer hereunder shall include, but not be limited to, the right (i) of a reversion of title to insubstantial portions of the Common Areas to be conveyed to the Association for the purpose of adding such portions to one or more of the Lots; (ii) to change in an insubstantial manner, the location of rots not yet conveyed by Declarant and the Common Areas and tba—location of the 14 improvements thereon; and (iii) to change in an insubstantial manner, the location of a road or roads. Section 2 . Procedure to Change Site Plan. The Association hereby consents (and the deeds conveying the Common Areas to the Association shall similarly provide) that the Site Plan may be amended to effectuate any of the provisions contained in Section 1 above, without any-further covenants and that the Association will, if requested, execute, acknowledge and deliver, without charge, a deed or deeds reconveying to Developer or to an Owner any land theretofore conveyed to the Association, so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. The deeds conveying the Homes to Home 'Owners may also provide that the site plan may be amended accordingly for the above purposes without any consent on their part being required, and that the acceptance of a deed shall be deemed a consent to such future amendment or amendments of the site plan, and that such Home Owners covenant that they will, nevertheless, if requested, execute, acknowledge and deliver, without charge, any written consent to such amendment or amendments of the site plan and further, if requested, execute, acknowledge and deliver without charge, a deed or deeds reconveying to Developer or the Association any land theretofore conveyed to the Home Owner so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. Irrespective of the foregoing, the recording by or on behalf of Developer of an amended site plan to delineate any or all of the changes provided for in this Article XIII shall be deemed a modification of any prior instruments whereby Developer conveyed title to any or all of the Common Areas to the Association. The provisions of Article XIII, Sections 1 and .2 may not be amended without the written consent of the Developer, its successors or assigns. ARTICLE XI. GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Rights and Privileges. The easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Developer, the Association and the Owners of Homes and/or Lots and Unsold Homes on The Properties; and any Owner may also grant the benefit of such easement, license, right or privilege to his guests and their immediate families for the duration of their visits, subject in the case of the Common Areas to the rules and regulations of the Board of Directors, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. Section 2 . Duration and Amendment. The covenants and restrictions of this Declaration -6f,---and shallrun with, and bind the land, and sh�Iinure to the benefit of, _and be enforceable by the 15 ti Association, any Member, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs , successors and assigns, until December 31, 2060, unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by sixty six and two thirds (66-2/3) of the Members, then subject to the Declaration, has been recorded, agreeing to change said covenants and restrictions in whole or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created with respect to the Properties by Section 2 of Article V shall be perpetual, run with the land, and shall survive any destruction, reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous written consent of all the Members. Unless specifically prohibited or different requirements are provided herein, this Declaration may be amended by an instrument signed by Members holding not less than 3 of the 4 membership interests: Any amendment must be properly recorded to be effective. Notwithstanding any provision contained herein to the contrary, no amendment, modification, addition or deletion of, to or from this Declaration, the By-Laws or any rules and regulations shall be effective in any way against Developer or its designee or any Unsold Home, as long as the Developer owns an Unsold Home on The Properties, unless Developer has given its prior written consent thereto. Developer hereby reserves the right to amend, modify, add to or delete from this Declaration at any time without the requirement of obtaining.the approval, consent or signature of the Board or any Members for the purpose of making any technical corrections or additions or any other changes that do not materially and adversely affect the owners and their respective Permitted Mortgagees. Such amendment, modification, addition, or deletion of, to or from this Declaration, duly executed, in form for recording, shall be recorded by Declarant against the Property and theretofore subject to this Declaration. Section 3 . Disposition of Assets Upon Dissolution of Association. Upon dissolution of the Association, its real and personal assets, including the Common Areas, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. No such disposition of the Association — 16 ' •r installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed, or to be performed, by, or on behalf of, Developer with respect to the Common Areas and/or (iii) the exercise performance and discharge of Developer's other rights and obligations under this Declaration, the By-Laws or the rules and regulations. In no event, however, shall Developer or such designee be entitlor9 r., ,,�o properties shall be effective to divest or diminish any right or title to any Member vested in him under the licenses, covenants and easements of this Declaration, or under any subsequently recorded covenants, deeds or other documents applicable to the Properties, except as may be otherwise provided in this Declaration or said covenants, deeds or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any- .rights - . thereunder on account of such disposition. Section 4 . Notices. Any notice required to be sent to any Member or Home Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, by certified mail return receipt requested, postpaid, to the last known address of the Person who appears as Member or Home owner on the records of the Association at the time of such mailing. Section S. Administration. The administration of the Association shall be in accordance with the provisions of the Association By-Laws which are made a part of this Declaration and attached hereto as Exhibit "B" to the Declaration. Section 6. Severability. Invalidation of any of the covenants, limitations or provisions of this Declaration by Judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. Section 7. Special Rights of Declarant. Notwithstanding anything to the contrary contained herein so long as there are any Unsold Homes or Lots, Developer and any designee of Developer shall have the right, without requiring the consent of either the Association or any other Member(s) , and without charge or limitation, to: (a) have its employees, contractors, subcontractors and sales agents present on The Properties and on the Unsold Homes or Lots; (b) erect and maintain signs and other promotional materials (including, without limitation, "For Sale" , and "For Rent" signs) , in connection with the promotion, sale, leasing, management, or operation of the Unsold Homes or Lots; (c) use any one or more Homes or Unsold Homes or Lots as; (i) model homes, (ii) offices for the promotion, sale, rental, management and/or operation of the Unsold Homes or Lots, (iii) offices in connection with any installation, construction,- modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed, or to be performed, by, or on behalf of, Developer with respect to the Common Areas and/or the Homes or Unsold Homes or Lots; and/or (iv) for any other purpose; and (d) do and cause to be done all of the things that are necessary, desirable or appropriate (including, without limitation, the use of STATE OF NEW YORK) ) :ss . COUNTY OF SUFFOLK) On this . 1S7 day of September, 1994 , before me personally came Nancy R. Douglass , to me known, who, being by me duly sworn, did depose and say-that she resides at Willow .Terrace Lane, Orient; New York, that she is the President of Willow Terrace Farms , Inc . , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. NOTARY PUBLIC FLOYD F. KNG, JR. M,icry NVc Stwe of Now York No. 72676(y), Suiiolk County Serm Eaplre5 loauory 7t,1�f 19 EXHIBIT A LEGAL DESCRIPTION Title NO.: 9408-02404 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT ORIENT, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, KNOWN AND DESIGNATED AS AS THE PROPOSED "MAP OF WILLOW TERRACE FARMS" TO BE FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF KING STREET WHERE THE SAME IS INTERSECTED BY THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF SCHORER; SAID POINT BEING DISTANT 808.53 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF KING STREET FROM THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF WILLOW TERRACE LANE WITH THE SOUTHERLY SIDE OF KING STREET, RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE SOUTHERLY SIDE OF KING STREET, SOUTH 80 DEGREES 47 MINUTES 30 SECONDS EAST 50.00 FEET TO A POINT; RUNNING THENCE THE FOLLOWING 29 COURSES AND DISTANCES: 1. SOUTH 9 DEGREES 12 MINUTES 30 SECONDS WEST 186.65 FEET; 2. SOUTH 80 DEGREES 47 MINUTES 30 SECONDS EAST 73.64 FEET; 3. SOUTH 20 DEGREES 07 MINUTES 20 SECONDS EAST 94.98 FEET; 4. NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 36.70 FEET; S. SOUTH 11 DEGREES 21 MINUTES 00 SECONDS EAST 141.20 FEET; 6. SOUTH 10 DEGREES 18 MINUTES 40 SECONDS EAST 171.38 FEET; 7. SOUTH 03 DEGREES 36 MINUTES 40 SECONDS WEST 180.20 FEET; B. SOUTH 63 DEGREES 00 MINUTES 50 SECONDS WEST 176.20 FEET; 9. SOUTH 27 DEGREES 17 MINUTES 20 SECONDS EAST 23.00 FEET; 10. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST 81.11 FEET; 11. SOUTH O1 DEGREES 38 MINUTES 10 SECONDS WEST 390.26 FEET; 12. NORTH 46 DEGREES 30 MINUTES 00 SECONDS WEST 67.14 FEET; 13. NORTH O1 DEGREES 38 MINUTES 10 SECONDS EAST 489.37 FEET; 14. NORTH 88 DEGRFXS 91 X19UTES 50 SECONDS WEST 210.00 FEET-;-----.-- 15. EET; - --.--15. NORTH 74 DEGREES 05 MINUTES 10 SECONDS WEST 134.61 FEET; 16. NORTH 10 DEGREES 19 MINUTES 00 SECONDS WEST 190.95 FEET; IGEONCY -LEGAL DESCRIPTION- EXHIBIT B - BY-LAWS — OF 1. WILLOW TERRACE FARMS ROME OWNERS ASSOCIATION, INC. CERTILMAN BALIN ADLER 6 HYMAN Attorneys for the Sponsor 90 Merrick Avenue East Meadow, New York 11554 i• BY-LAWS OF WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. TABLE OF CONTENTS Page ARTICLE I. NAME, LOCATION AND PRINCIPAL OFFICE . . . . . 1 ARTICLE II. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III. PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV. APPLICABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE V. USE OF FACILITIES. . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS. . . . . . . . . . . . . 3 Section 1. Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2. Transfer of Membership. . . . . . . . . . . . . . . . . . . 4 ARTICLE VII. QUORUM, PRO%IES AND WAIVERS. . . . . . . . . . . . . . 4 Section 1. Quorum. . . . . . . . . . . . 4 Section 2 . Vote Required to Transact Business. . . . . . . 4 Section 3. Right to Vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4 . Number of Votes. . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 5. Proxies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 6 . Waiver and Consent. . . . . . . . . . . . . . . . . . . . . . . 4 Section 7. Place of Meetings. . . . . . . . . . . . . . . . . . . . . . . . 5 Section 8. Annual Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 9 . Special Meetings. . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 10 . Notice of Meetings. . . . . . . . . . . . . . . . . . . . . . . 5 Section 11. Order of Business. . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE VIII. BOARD OF DIRECTORS. . . . . . . . . . . . . . . . . . . . . . . 6 Section 1. Number and Term. . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 2 . voting and Right of Sponsor to Designate Certain Board Members. . . . . . . 6 Section 3. vacancy and Replacement. . . . . . . . . . . . . . . . . . 6 Section 4 . Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 5 . Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 6. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section7 . Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8. Annual Statement. . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9 . Fidelity Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . 11 i Page ARTICLE I%. ' OFFICERS. . . . . 11 Section 1. Elective Officers. . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 2 . Election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 3. Appointive Officers. . . . . . . . . . . . . . . . . . . . . . . . 11 Section 4 . Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section S. The President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 6. The vice President. . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7. The Secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8 . The Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 9 . Agreements, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 l ARTICLE X. NOTICES. . . . . . . . . . . . . Section 1. Definition. . . . . . . 13 Section 2. Service of Notice-Waiver. . . . . . . . . . . . . . . . . . . 13 ARTICLE %I. COMMON EXPENSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 1. Creation of the Lien and Personal Obligation of Common Expenses. . . . . . . . . . . . . . 13 Section 2 . Purpose of Common Expenses. . . . . . . . . . . . . . . : . 13 Section 3 . Basis of Common Expenses. . . . . . . . . . . . . . . . . . . 13 Section 4 . Date of Commencement of Common Expenses DueDates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section S . Effect of Non-Payment of Common Expenses Remedies of the Association. . . . . . . . . . . . . . . . 13 Section 6. Subordination of Lien to Mortgage. . . . . . . . . . 13 Section 7 . Checks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 8. Operating Account. . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 9 . Other Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE %II INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section1. Common Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE %III. AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE %IV. SELLING, LEASING AND GIFTS OF HOMES. . . . . . . . 15 Section 1. Selling and Leasing Homes. . . . . . . . . . . . . . . . . . 15 Section 2 . Gifts, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE %V INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 1. Indemnification to Officers and Directors. . 16 Section 2. Indemnification to Employees or Agents. . . . . 16 Section 3 . Indemnification to Others . . . . . . . . . . . . . . . . . . 17 Section 4 . Other Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE %VI. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 1. Fiscal Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 2 . Seal. . . . 17 Section 3 . Examination of Books and Records. . . . . . . . . . . 17 Section 4. Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 5-. —Severability:-.- -- -- - -- _.- 18 ii BY-LAWS OF WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE I. NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Willow Terrace Farms Home Owners Association, Inca hereinafter referred to as the "Association" . The principal office of the Association shall be located at Town of Southold, County of Suffolk and State of New York. ARTICLE II. DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Willow Terrace Farms Home Owners Association, Inc. , a New York Not-for-Profit Corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to these By-Laws which govern the operation of the Association. (d) "Common Expense" shall mean and refer to those expenses (including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as ("Assessment") . (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the residential lots as shown on the Filed Map of The Property filed in the Suffolk County Clerk's office and including without limitation, all internal roadways. (f) "Declaration" shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens applicable to The Properties recorded among the land records in the Clerk of the County of Suffolk, New York as the same may, from time to time be amended. (g) "Developer" shall mean and refer to Willowy er-r-ace Farms, Inc- , a New York corporation, and its successors arxt--assigns, if such successors and assigns should acquire an undeveloped or •r developed but unsold portion of The Properties from the Developer for the purpose of development, including without limitation, any mortgagee which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Community" shall mean Willow Terrace Farms, a residential home development being constructed on The Properties, which will consist of 4 Homes/Lots. (i) "Filed Map" shall mean and refer to the map for Willow Terrace Farms as filed in the Suffolk County Clerk's Office. (j ) "Home" shall mean and refer to all units .of residential housing situated upon the Lots located on The. Properties. (k) "Home Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Home or Lot, including the Developer with respect to any Unsold Home or Lot. Every Homeowner shall be treated for all purposes as a single owner for each Home or_ Lot held, irrespective of whether such ownership is joint, in common or"-tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety such collective ownership shall constitute one (1) Member. (1) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for residential uses as shown on the Filed Map filed in the Suffolk County Clerk' s Office. (m) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. Each Member shall be entitled to one (1) vote. (n) "Permitted Mortgage" shall mean and refer to any first mortgage covering a Home or Homes or a mortgage encumbering an Unsold Home then owned by Developer or its designee. (o) "Permitted Mortgagee" shall mean and refer to the holder of a Permitted Mortgage. (p) "The Properties" shall mean and refer to all those such Properties described in Article II . (q) "Statue" shall mean and refer the New York Not-for-Profit Corporation Law. (r) "Unsold Home" shall mean and refer to any Homes or Lots owned by the Developer and any successors or assigns, until such time as the same have been sold for use, other than personal occupancy of the Developer and any of its successors or assigns. — 2 ARTICLE III. PURPOSE This Association is formed to own, operate and maintain the Common Areas for the benefit of the Members of the Association. ARTICLE IV. APPLICABILITY All present and future Members, their family members, lessees, occupants and guests shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V. USE OF FACILITIES The Common Areas shall be limited to the use by the Home Owners, their family members, their lessees, occupants and their guests. In the event that a Home Owner shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the option of the Home Owner, be permitted to enjoy the use of the common Areas in lieu of and subject to the same restrictions and limitations as said Home Owner. Developer shall have the right, on an equal basis with other Home Owners to use all or any of the Common Areas or permit all or any of the Common Areas to be used by Developer's designee or any prospective purchaser of a Home or Lot or any tenants of Unsold Homes, without charge, in accordance with and subject to these By- Laws and any rules and regulations promulgated by the Board. In addition, Developer shall have the right, until all Unsold Homes or Lots are sold, to use all or any of the Common Areas without charge, for exhibitions or other promotional functions with respect to Developer's sales programs. This provision regarding Developer may not be amended without the written consent of the Developer. ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS section 1. Membership. The Association shall have one class of membership interest as follows: The Owner of a Home, Lot or Unsold Home on The Properties then subject to the Declaration shall be a Member of the Association whether such Home is a townhouse or any other type of residential dwelling unit and whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote irrespective of the number of Homes, Lots or Unsold Homes owned by a Member. When more than one person or entity holds such interest in such membership, the one vote attributable to such Member shall be exercised as such persons mutually determine but not more than — ---- one-vote- may be cast with respect to any such Member. - 3 Section 2 . Transfer of Membership. Membership in the Association shall be appurtenant to, and may not be transferred except in conjunction with the lawful sale or conveyance of, a Home or Lot. No owner shall be permitted to sell or convey his or her Home or Lot unless and until he or she shall have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board against such Home or Lot. Upon such sale or conveyance, the seller of such Home or Lot shall relinquish his or her membership in the Association and the purchaser of such Home or Lot shall automatically become a Member, subject to this Declaration, the By-Laws and the rules and regulations. ' ARTICLE VII. QUORUM, PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent at least 75$ of all Members whose Homes or Lots are then subject to the Declaration present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express. provisions shall govern and control the decision of such question. Section 3 . Right to vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4 . Number of Votes. Each Member shall be entitled to one (1) vote irrespective of the number of Homes or Lots owned by such Member. Section S. Proxies. All proxies shall be in writing signed by the owner, and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 6. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statute or by -- -.any provision of the Declaration, Certificate of Incorporation or 4 by these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 7. Place of Meetings. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section S. Annual Meetings. The first annual meeting of the membership of the Association shall be held withii} six (6) months of the closing of the first home. In addition, a meeting of the membership shall be called and duly held within thirty (30) days after the Developer is obligated to relinquish control of the Board of Directors pursuant to Article VIII Section 2 hereof. Thereafter the annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors but at least on an annual basis. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business as may properly come before the meeting. Section 9 . Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. Section 10. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten but not more than thirty days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 11. Order of Business . The order of business at all meetings shall be as follows: (a) Roll call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business 5 ARTICLE VIII. BOARD OF DIRECTORS Section 1. Number and term. The number of Directors which shall constitute the whole Board shall be three (3) Directors. The initial Board consisting of three (3) Directors shall be designated by the Developer to serve until the first annual meeting of the Association. At the first annual meeting and at all subsequent annual meetings the Members shall vote for and elect three (3) Directors to serve for one (1) year terms and until their successors have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's Home. As required by law, each Director shall be at least nineteen years of age. In no event shall any Member be eligible for election to the Board if such Member is then in default, beyond any applicable grace period, in the payment of Common Expenses or any other amounts required by the Board to be paid. - Section 2 . Voting and Right of Developer to Designate Certain Board Members . In an election of Directors, each Member who is eligible to vote shall be entitled to one (1) vote. The Developer shall have the right to designate two (2) Directors, or a majority of the total Directors, until the fifth anniversary date of the conveyance of the first Home or Lot or until 75% of the Homes or Lots in the Development have been conveyed, whichever is sooner. Thereafter, the Developer shall have the right to designate one (1) Director for so long as it owns one Unsold Home or Lot. When the Developer no longer owns any Unsold Homes or Lots in the Development it may not designate any Directors. The Developer may not cast its votes to elect any Directors in addition to the designated Directors set forth above. The provisions of Article VIII Sections 1 and 2 may not be amended without the written consent of the Developer. Section 3 . vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining Directors, though less than a quorum, at a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Developer resigns, the Developer shall have the sole right to appoint another Director in his place. Section 4 . Removal. Directors (other than Developer's designated members) may be removed for cause by an affirmative vote of a majority of the Members . No Director, other than a designee of the-Developer, shall-continue-to serve on the Board if, during his 6 term of office, he shall cease to be a Member or no longer reside in the Member's Home as part of the immediate family. In the event a Sponsor designee is removed for cause, the Sponsor shall have the sole right to designate a replacement. Section S. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the Members or Homeowners personally. These powers shall specifically include, but not be limited to the following- items: 1. To determine and levy monthly assessments ("Common Expenses") to cover the cost of operating and maintaining the Common Areas and other maintenance requirements of the Association payable in advance. The Board of Directors may - increase the monthly Common Expenses or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses . 2 . To collect, use and expend the Common Expenses collected to maintain, care for and preserve the Common Areas on The Properties and other maintenance requirements of the Association. 3 . To make repairs, restore or alter the Common Areas after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. 4 . To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5 . To collect delinquent Common Expenses by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6 . To make reasonable rules and regulations and to amend the same from time to time. ' Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may without limiting the foregoing, include reasonable limitations on the use of the Common Areas by guests of the Members as well as reasonable admission and other fees for such use. 7 7 . To impose fines or penalties upon any Member who violates the Declaration its rules and regulations or By-Laws as per Article IX (n) of the Declaration. 8 . To employ workers, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance, refuse removal and other services, and generally to have the power of Directors in connection with the-matters hereinabove set forth. 9 . To bring and defend actions by or against one or more Members, any of their occupants and/or lessees pertinent to the operation of the Association and to assess special assessments to pay the cost of , such litigation. Notwithstanding said rights, pursuant to Article VIII, Section 5 (c) of these By-Laws, so long as the Developer shall continue to own one (1) or more unsold Home or Lot, the Board of Directors may not utilize Association funds or assess the Developer for any lawsuit by the Association against the Sponsor or any of its principals. 10. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. 11. To execute, acknowledge and deliver (i) any declaration or other instrument affecting The Properties, which the Board deems necessary or appropriate to comply with any law, ordinance, regulation, zoning resolution or requirement of any public authority, applicable to the occupancy, maintenance, demolition, construction, alteration, repair or restoration of The Properties (ii) any consent, covenant, restriction, easement or declaration, or any amendment thereto, affecting The Properties which the Board deems necessary or appropriate. 12 . To obtain and review insurance for the Association. 13 . To determine which vehicles on the premises are unsightly, inoperable or abandoned. 14 . To establish a Reserve Fund which fund shall be used strictly and solely for capital expenditures. The funding of the Reserve Fund will not commence until the items for which it is to be utilized are complete. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, in addition to any committee required by these By-Laws, each of such committees to consist of at least three (3) Members, one of whom shall be a Director, which, to the extent provided in said -resolution—or—resolutions, shall --have-and --may-exercise the 8 y powers of the Board of Directors in the management of the business and affairs of the Association and may have power to sign all papers which may be required, provided the said resolution or resolutions shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. — (c) Notwithstanding anything to the contrary 'contained in these By-Laws so long as the Developer shall continue to own one (1) or more Unsold Homes or Lots, the Board of Directors may not, without the Developer's prior written consent (i) make any addition, alteration or improvement to the Common Areas, or (ii) assess any Common Expense for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund or, (iii) charge any special assessment for a non-budgeted item unless required by law, emergency, municipal agency or for the health and safety of the Association and its Members, (iv) hire any additionai employees or enter into any service or maintenance contract for work not covered by contracts in existence on the date of the closing of the first Home or Lot or, (v) borrow money or otherwise create a security interest on behalf of the Association or on any portion of the Association property or, (vi) increase or decrease the services or maintenance of the Association as set forth in the proposed first year budget of the Association, the Declaration of Covenants and Restrictions or the By-Laws or otherwise provide services in excess of those contemplated by the proposed first year budget or elsewhere in the offering Plan or any amendments thereto, or, (vii) purchase any materials, equipment or other goods costing in excess of $1, 000 or, (viii) increase the maintenance charges of the Association more than ten (10%) percent from the prior year' s budget, unless required by law, emergency, municipal agency, the health and safety of the Association and its Members or if documentation is provided to the Developer in the nature of a financial statement, bids from contractors or verified increases in utility rates evidencing the need for an increase greater than ten (10%) percent or, (ix) utilize Association funds or assess the Developer to commence a lawsuit against the Developer or any of its principals. In addition, so long as there are any Unsold Homes or Lots in the development the Board and the Homeowners shall not take any action that will interfere, impair or adversely affect the rights of the Developer to sell and construct any Unsold Homes or Lots. Developer shall not use its veto power or control of the Board of Directors to reduce the level of services described in the offering Plan or any amendments thereto or prevent required capital repairs or prevent expenditures required to comply with applicable laws or regulations. while Developer is in control of the Board of Directors, no mortgage liens will be placed on the Common Areas without the consent of at —least_51-%-of--the--Homeowners other-than -the Directors or Developers' 9 Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent certified public accountant or a public accountant and a statement regarding any taxable income attributable to the Members and a notice of the -holding of the annual meeting of Association members. Section 9 . Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association (except Developer or Developer's representatives) handlingfor responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be a Common Expense of the Association. ARTICLE I%. OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board and shall consist of a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors or Members of the Association. Two or more offices may be held by the same person. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4 . Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. 11 Section 5. The President. The President: shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Not—for-Profit Corporation Law of the State of New York. Section 6. The vice President. The Vice President shall take the place of the President and perform his duties- whenever the President shall be absent or unable to act .and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8 . The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. . These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer, and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. 12 Section 9 . Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE S. NOTICES section 1. Definitions. Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but' such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board of Directors, such Director, or Member, at such address as appears on the books of the Association. Section 2 . Service of Notice Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or, persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE _XI. COMMON EXPENSES Section 1. Creation of the Lien and Personal Obligation of Assessments. The creation of the lien and personal obligation of Common Expenses is governed by Section 1 of Article VI of the Declaration. Section 2 . Purpose of Common Expenses. The purpose of Common Expenses is as specified in Section 2 of Article VI of the Declaration. Section 3 . Basis of Common Expenses. The basis of the Common Expenses is as specified in Section 3 of Article VI of the Declaration. Section 4 . Date of Commencement of Common Expenses: Due Dates. The date of commencement and the due dates of Common Expenses are as specified in Section 4 of Article VI of the Declaration. Section S. Effect of Non-Payment of Common Expenses: Remedies of the Association. The effect of non-payment of Common Expenses and the remedies of .the Association shall be as specified in Section 5 of Article VI of the Declaration. Section 6. Subordination of Lien to Mortgages. The lien of the assessments provided for herein shall be subordinated pursuant to the provisions of Section 5 of Article VI of the Declaration. 13 A1�111.LG Al . AMZX42JMJ5ZJ'Xb Except as otherwise provided, these By-Laws may be altered, amended or added to at any duly called meeting 'of Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least 3 of the 4 of the total Members whose Homes or Lots are then subject to the Declaration. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Home. Nor shall any amendment have the effect of infringing upon the Developer's right to build and make membership in or use of the Association available to purchasers or lessees of no more than 4 Homes or Lots on the Properties. ARTICLE %IV. SELLING, LEASING AND GIFTS OF HOMES Section 1. Selling and Leasing Homes. Any Home or Lot may be conveyed or leased by a Member free of any restrictions except that, no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Home or Lot unless and until all violations against the Home or Lot are removed and all unpaid Common Expenses assessed against the Home or Lot shall have been paid as directed by the Board of Directors. Such unpaid Common Expenses, however, may be paid out of the proceeds from the sale of a Home, or by the Grantee. Any sale or lease of a Home in violation of this section or the applicable Article of the Declaration shall be voidable at the election of the Board of Directors. Upon the written request of a Member or his mortgagee, the Board or its designee shall furnish a written statement of the status of any violation and the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made b th g Y y e Board for the issuance of such statements. The provisions of this Section as they apply to unpaid Common Expenses shall not apply to the acquisition of a Home or Lot by a mortgagee who shall acquire title to such Home or Lot by foreclosure or b deed in lieu of Y foreclosure. In such event the — . unpaid Common Expenses against the Home or Lot which were assessed..___ 15 and became due prior to the acquisition of title to such Home or Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other Members of the Association as a Common Expense. Such provisions shall, however, apply to any Common Expenses which are assessed and become due after the acquisition of title to such Home or Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Home" or "Lot" is referred to in this Section, it shall include the Home, the Lot, the Member's interest in the Association and the Member's interest in any Homes or Lots acquired by the Association. Section 2 . Gifts, etc. Any Member may conveyor transfer his Home or Lot by gift during his lifetime or devise his Home or Lot by will or pass the same by intestacy without restriction. ARTICLE %V INDEMNIFICATION Section 1. Indemnification to Officers and Directors. To the fullest extent allowed by law, the Association shall indemnify any person, made a party to an action by or in the right of the Association to procure a judgment in its favor by reason of the fact that he, his testator or, intestate, is or was or has agreed to become a Director or Officer of the Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection with the defense of such action, or in connection with an appeal therein, except in relation to matters as to which such Director or Officer is adjudged to have breached his duty to the Association, as such duty is defined in Section 717 of the Not-For-Profit Corporation Law. To the extent allowed by law, the Association shall also indemnify any person, made, or threatened to be made, a party to an action or proceeding other than one by or in the right of the Association to procure a judgment in its favor, whether civil or criminal, including an action by or in the right of any other corporation, domestic or foreign, which he served in any capacity at the request of the Association by reason of the fact that he, his testator or intestate was a Director or Officer of the Association or served it in any capacity against judgment, fines, amounts paid in settlement, and reasonable attorneys' fees actually and necessarily incurred as a result of such action or proceeding, or any appeal therein, if such Director or officer acted, in good faith, for a purpose which he reasonably believed to be in the best interests of the Association and, in criminal actions or proceedings, in addition, had no reasonable cause to believe that his conduct was unlawful. Section 2 . Indemnification to Employees and Agents. The Association may, to the extent authorized from time to time by the Board or by-a- comm}#tee- comprised of members of -the-Boar-dr-provide-- -- -- 16 indemnification to employees or agents of the Association who are not Officers or Directors of the Association with such scope and effect as determined by the Board, or such committee. Section 3 . Indemnification to Others. The Association may indemnify any person to whom the Association is permitted by applicable law to provide indemnification or the advancement of expenses, whether pursuant to rights granted pursuant to, or - " provided by, the New York Not-For-Profit Corporation Law or- other rights created by (i) a resolution of the Members, (ii) a resolution of Directors, or (iii) an agreement providing for such indemnification, it being expressly intended that these By-Laws authorize the creation of other rights in any such- tanner. Section 4 . Other Rights. The right to be indemnified and to the reimbursement or advancement of expenses incurred in defending a proceeding in advance of its final disposition authorized by this Article XV shall not be exclusive of nor limit any other right which any person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, By-Laws, agreement, vote of Members or disinterested Directors or otherwise. Nothing contained in this provision shall limit any right to indemnification to which any Director or any Officer may be entitled to contract or under any law now or hereinafter enacted. ARTICLE XVI. GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors and unless otherwise specified shall be based on the calendar year. Section 2 . Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the state of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3 . Examination of Books and Records. Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time during normal business hours upon reasonable notice to its Board of Directors. The Declaration, Certification of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4 . Construction. Whenever the masculine singular form of thei ronoun p s used in these By-Laws, it shall be construed to mean the he mascu ' line, feminine or neuter, singular or plural, whenever the context so requires. 17 11695PQ03 ' i In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. Section 5. Severability. Should any of the covenants, terms or provisions herein imposed be or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, -be and remain in full force and effect. 18 - — k f I JY •n VV i• •141 �C x•1 ` " ;.'4 :I 1 •r. ♦ ,{ t 7+'�. ice.,, ml ji ti^14••��•� tt '�' 4 � pv 6 r �"�IY• .1. ifr..n.•1i. y.• •�F `k: .V 4 e .'I01I Ik 40 So ��5:'. :.it•.�" f •�,4A!.(�., ;ti.•fid;• .� •1ip t f '. i'L .y fir. .{l:✓CM'S; .41 •1L V • V �•1 f� i �. '•r_; r.,,. �is• 'F��'�',,,P,'• �rn ..r� ..hr �;a.;;'.. •�•.f. ..�. ...,yl� •A M41 0 f THIS R SUBDIVISION IS FOR �_LOTS ONS ACRES LOCATED ON SCTM# 1 00- x -;- 34. 10 I MINOR SUBDIVISION (NO ROAD) Complete application received 326 93 ✓-cer'r- J &a ✓-Avff. J. &W. Application reviewed at work session ,ro.` KK ,em. OK Applicant advised of necessary revisions Revised submission received M' 07K nro. OK S�d3'9y: Sketch plan approval ,k,4 l T,,,` Q e t• 1b -with conditions Lead Agency Coordination cv SEQRA determination Sent to Fire Commissioner 811c 93 Receipt of firewell location I;CUI W4 jm t wea n, �fP f� Notification to applicant to include on final map VA Sent to County Planning Commission B jro I vs ro.L oK Receipt of County Report I jg lq3 ,Nro. OK /J,' Reviecu_of SCPC report Draft Covenants and Restrictions received ImoFA-M fO7K Draft Covenants and Restrictions reviewed „"Oro. OK Filed Covenants and Restrictions received Receipt of mylars and paper prints with I �_ Health approval . Final Public Hearing (ci�kr'T 's12, Approval of subdivision — -with conditions P�zz�gy Endor scment of subdivision PGtiM"V d P� A/ft �21'N� �7Z .�oo(;a„, �IiJ;tue a c.UFCQ(/( N ''BQ D TORr,�V 0 , SO ;H LD 1Y Southold, N.Y. 11971 (516) 765-1938 -QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications. iforms. If your answer- to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership- abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes No O 4. Are there any other applications pending concerning this property before any other department or agency? (Town , State, County, 'etc. ) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6. Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if yes please submit .a Copy of same Yes No I certify that the above statements are true and will be relied on by, the Plant'n Board in considering this application. / /� May 1993 Signature o property owner r authorized agent date Na4.cy R. Douglass , esident of Willow Terrace Farms , Inc . Attachment to questionnaire for:-the Planning Board STATE OF /NEW YORK, COUNTY OF SUFFOLK, ss: On the o(lS/ � day of MAY 19qj before me personally came Nancy R. Douglass to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the sam ) Notary Public GENEYIEYE WOESSNER NdMFAkSk+MdNsYak N&41114" bdb CanwYki�E�pko 0K.81—t,tYi1 - May 26, 1993 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Minor Subdivision for Willow Terrace Farms, Inc. Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Nancy glass, Pr nt of Willow Terrace Farms, Inc. 74-16-2 (2187)-7c • 617.21 • SEAR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 DART 1—PROJECT INFORMATA a Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional(- information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Minor Subdivision for Willow Terrace Farms Inc. LOCATION OF ACTION(include Street Address, Municipality and County) Southerly side of Kiniz Street Orient County of Suffolk NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE - - Willow Terrace Farms Inc. ( 516)369-1700 ADDRESS c/o Esseks Hefter & Angel, 108 E. Main Street P.O. Box 279 CITY/PO STATE ZIP CODE Riverhead NY 11901 NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS ( 1 CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Realty subdivision - 4 lots Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ®Residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: a_nnR4 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 7.1 acres 5.8 acres Forested 0. 1 acres _ 0.1 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 0 acres 9 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 0 acres 0 n acres Water Surface Area 0-0-- acres n_n acres Unvegetated (Rock, earth or fill) 0.0 acres 0.0 acres Roads, buildings and other paved surfaces n_4 acres 0.4 acres Other (Indicate type) lawn & 1 andgraoedareas 0.5 acres 1.7 acres 3. What is predominant soil type(s) on project site? HaA Haven Loam -0-2% slopes a. Soil drainage: INWell drained 100 % of site ❑Moderately well drained % of site ❑Poorly drained - % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? n/a acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes ®No a. What is depth to bedrock? _ 300+ (in feet) 2 r,5. Approximate percentage of prod project site with slopes: ®0-10% *_% 010-15% % 015% or greater , % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Dyes (XNO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes Jo No 8. What is the depth of the water table? 14± (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes [:]No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes IgNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes %)No According to Young & Young Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Dyes ®No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes KNo If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes fcNo 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name —Nnnp b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? FC)Yes ❑No b) If Yes, will improvements be necessary to allow connection? K]Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes KlNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ®Yes ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes KINo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 8.0084 acres. b. Project acreage to be developed: 8.0084 acres initially; 8.0084 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: N.A. (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed —N_A,- %; f. Number of off-street parking spaces existing 2 proposed 8 g. Maximum vehicular trips generated per hour 1 .9 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 4 Ultimately 4 i. Dimensions (in feet) of largest proposed structure _35 _ height; 40 width; 100 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 300± ft. 3 2. How much natural material (i.eock, earth, etc.) will be removed from tote? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? IIkYes ❑No ❑N/A 11 a. If yes, for what intend._ purpose is the site being reclaimed? Residential development b. Will topsoil be stockpiled for reclamation? RIYes ❑No c. Will upper subsoil be stockpiled for reclamation? MYes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 1 .3 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes J)No 6. If single phase project: Anticipated period of construction 12 months, (including demolition). 7. If multi-phased: N.A. a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? ❑Yes ®No 9. Number of jobs generated: during construction 30 after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Dyes 13ONo If yes, explain 12. Is surface liquid waste disposal involved? Dyes MNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? MIYes ❑No Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes IRNo Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes ®No 16. Will the project generate solid waste? ®Yes ❑No a. If yes, what is the amount per month 0-7 tons b. If yes, will an existing solid waste facility be used? pYes ❑No c. If yes, give name Toton of Southold Landfill ; location C„trhng„e d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ®No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes (MNo a. If yes, what is the anticipated rate of disposal? tons/month. L If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ®Yes ❑No Lawn care 19. Will project routinely produce odors (more than one hour per day)? Dyes MNo 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes ®No 21. Will project result in an increase in energy use?- KlYes ❑No If yes , indicate type(s) Flertririty, facsil fuel 22. If water supply is from wells, indicate pumping capacity 10 gallons/minute. 23. Total anticipated water usage per day 1.200 gallons/day. 24. Does project involve Local, State or Federal funding? Dyes EJ-No If Yes, explain 4 A. 4Cpprovals Required: • • Submittal Type Date City, Town, Village Board Dyes boNO I City, Town, Village Planning Board WYes []No S11hrdivigirm May, 1gg3 City, Town Zoning Board Dyes ®No City, County Health Department Eyes ❑No Water supply/sewerapa Other Local Agencies Dyes ENO Other Regional Agencies lJoYes ❑No County Planning Commission State Agencies Dyes ONo Federal Agencies Dyes LINO C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? KIYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit 130subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? R-80 nnrd R-40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4 residential lots 4. What is the proposed zoning of the site? N_A_ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a 1/ mile radius of proposed action? Residential zoning/residential uses 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? KIYes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? 4 a. What is the minimum lot size proposed? 80,000 gq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Dyes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? (KYes ❑No a. If yes, is existing capacity sufficient to handle projected demand? FK)Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes ENo a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the inform tion provided a e is true to he best of my knowledge. �vwq.-„- w. �ov� 1- Applican ons Name a Farm Inc. Date -'/?:!� /93 Signature Title T.anl Surveyor If the action is in the Coasta a, and a are a state agency, complete the Coastal Assessment Form before proceeding withthis assessment. 5 Part 2—PW ECT IMPACTS AND THEIR MIANITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO OYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ El Yes ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ ❑Yes [—]No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes []No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ El Yes ❑No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ Eyes ❑No 2. Will there be an effect tr. ...ry un,que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)❑NO OYES • Specific land forms: ❑ ❑ El Yes ❑No 6 • 1 2 3 r IMPACT ON WATER Small to Potential ,Can Impact Be Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15,24, 25 of the Environmental Conservation Law, ECL) ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ Dyes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes []No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ 11 Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes []No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes []No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No C • Proposed Action requires use of a source of water that does not ❑ ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes []No • Liquid effluent will be conveye.l off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likelv cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ []Yes ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes []No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 • 1 2 3 Smal o Potential Can Impact Be Moderate Large 'Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ 1:1 Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ E]Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ONO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ El Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amountof land committed ❑ ❑ Dyes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ Dyes ❑No development within existing industrial areas. • Other impacts: d ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS r 8. Will Proposed Action affect any threatened or endangered species? ONO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ 1-1 Yes ❑No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ E]Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ El Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ Dyes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ONO DYES Examples that would apply to.column 2 - _ • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ El Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ []Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ El Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ El Yes []No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix E.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ El Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ Dyes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ El Yes []No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ 1:1 Yes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES I� • The permanent foreclosure of a future recreational opportunity. ❑ ❑ El Yes []No • A major reduction of an open space important to the community. ❑ ❑ El Yes [--]No • Other impacts: ❑ ❑ []Yes ❑No 9 IMPACT ON TRANSPORTATION 2 3 Small to Potential Can Impact Be � 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ONO DYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ El Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ F-1 Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO DYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes [--]No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ El Yes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - ONO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ El Yes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ El Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ONO DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ El Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ El Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes ❑NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 J# 2 3 IMPACT ON GROWTH AND CHARACTER Small to ' Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change ❑NO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ Cl ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes []No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes El No • Proposed action will cause a change in the density of land use. ❑ ❑ 1:1 Yes 1:1 No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes E-1 No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ El Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. C (Continue on attachments) 11 14-1411 (2/87)-9c 617.21 SEAR Appendix B y State Environmental Quality Review Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/4-1/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? • National Park Service lands? ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal?(i.e., screened by summer foliage, but visible during other seasons) ❑Yes 1:1 No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? ❑Yes ❑No 1 Alk DESCRIPTION OF EXISTINTVISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within r *1/4 mile *1 mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond ❑ ❑ Cliffs, Overlooks ❑ ❑ Designated Open Space ❑ ❑ Flat ❑ ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *1/2 mile ❑Yes El No *1 miles El Yes El No *2 miles ❑Yes El No f *3 miles ❑Yes El No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ ❑ At a residence ❑ ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ 2 eM 0 O s � D i Y Y S � ° wl i Y ill • _ € c !1 I • A 1 v = A \ f • S )� !_. ((( •` _Y � w� ` �. I E � II 111. lMl yRJY. I � � t • f v .j •�i _'�f • � ,;;-' �_�, ilii. f CY. a APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for tentafive (final) approval of a subdivision platin accordance with Article 16 of the Town Law and the u es and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .Min.or. .Subd.iv1si.Qn.Jar..Wi.11.4w. .. . . . .. . . . ... .....Terx.ace.Farms.,. 1ua.. ........... .. . . .. .. .. .. .. .. .. .. .. .. .. ........ . ...... . . . . ... . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . 7.421 ... . .. ....... . .. . Page . .. .285. . . . . . . . . .. .. . On . .. 6./.1.81.7.3.. . . . . . . . . ; Liber . .... .. .. ...... .. ... .... Page On . . . .. .. . . . . . . .. . . . . . . . . ; Liber .... . .. .. . . .. .. . . ... . .. . Page . . . .. .... .. . . . . .. .. .. . On Liber . .. .. .. .. .. .... .. .. .. . . . Page . . . .. .... ... . . . . . .. .. . On . . . .. .. . . .. .. .. . . . . .. . . ; Liber . .. .. .. .... ............ . Page On as—devised ander tfie fast cl�itt and`I$seanrerrr af . . . . . .. .. .. . . .. .. . . .... . . .. .. .. . . . ... . . . ec—as-4istfi4trtee• . ...... .. .. ............. .. . . . . . . .. .. .. .. .. .... .. ...... .... ... . . . . . . . . . .. . . . . .. .. .. .. .. . . . . .. .. .. .. .. ....... ............. . . . . .. . . . . . . . . .. .. . . .. . . ..... . . ... .. .. . . .. . . . .. .. . 5. The area of the land is . .. ..8._Oja84 . .. . acres. 6. All taxes which are liens on the land at the date hereof have been paid emeept- . .. .. . . . . .. . . . . .. .. . . . . . . . . . . . . .. .. .. .... .. . .. . . .. .. ... .... . . . . . . . . . . . . .. . . .. . ... . . . .. . . I. .. . .. . . . . . . . . .. . . . 7. The land is encumbered by . . . . . .. . . .. .. .. . . . . . . . . . . .. .. .. .. .. . . .. .. .. .. . . .... .. . . . . . . . . . mortgage (s) as follows: (a) Mortgage recorded in Liber . 1.4$03. . . . . . Page .22.] .. . . . . . . . . .. . in original amount of $.8.O ,f100..0.0 unpaid amount $ . . . . . . . . . . . :. . . . . . . . . held by . 5.puthal-.d , A4KinSs .Bank. .. . . . . . address eernent (b) 5,rge recorded in Liber .15.89.7. . Page541 . . . . . . . . . . . . . . .. .. . in original amount of . . . .. . . .. . . . . . unpaid amount $. . . . . . . . . . . .. . . . . . . . . . held b . . . .. . . .. .. . . . address . . . .. . . . . .. .. . .. . . . . . . . . . . . . . . . .. . . . . . . .. .. .. .. . .... . . . . . . . . .. . (c) Mortgage recorded in Liber ........ ..... . Page ......... .. ..... in original amount Of .............. unpaid amount $. ..... ......... .. .. ..... held by ................... ... address ........... .. ........ 8. There are no other encumbrances or liens against the land except r.ight.sr.af..way..... se.t..£o.rth.S.n..de.ads.recorded .3n .Libe1r..71.32.,. aee..437,..Libar.. ... 9179, Page 160 , "and Liber 9632 , Page 499 . 9. The land lies in the following zoning use districts R-4A.and..R-8A........ .. .......... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, CX, ce$C ... .. .... .................... 11. The applicant shall at his expense install all required public improvements. 12. The land (dees� (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .... .. .. .. .. .. . . .. .. .. . . .. .... . . .. ...... .. ... .. ............ . . 13. Water mains will be laid by . .N.A... ... .. .. .. .... .. .. . . .... . . .. .. . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .Long..Is.la.nd..Lighting. .C.o.. . ... ""' .. " '.•••••••••• •• •• •.• •• •. .. . . . and (a) {Ko-) charge will be made for installing said lines. 15. Gas mains will be installed by N..A.., ,, ,, ,, and (a) (no) charge will be made for installing said mains.. ...... .. ... ........ . . ... . . . 16. If streets shown on the plat arc claimed by the applicant to be existing public streets in the Suffolk County IIighway system, annex Schedule "A" hereto, to show same. N.A. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Ilighwav system, annex Schedule "C" hereto to show same. King Street is public street (see Town zoning map) . 13. There are no existing buildings or structures on the land whidi are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there arc no reserve strips at the end of the streets on said 9xisting maps at their conjunctions with the proposed streets. , 20. In the course of these proceediu's, the applicant will offer proof of title as required by Sec. 33= of the kcal Property Law. 21. Submit a cope of proposed deed for lots :howin. all restrictions, covenants, etc. Annex Schedule "D" N .A. J. . 22. The applicant estimates that the cost of grading and required public improvements will be $•.>S,A..., as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ......... ... .. years.The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE .May.... SP................. 199.3. (Name of Applicant) Q/�� Bi Si n `ture and itle ( g ) Namcy R. Douglass , Pre dent G/o, Fgsek�,,•Hefter , & •Angel•......,.. . (Address) _ 108 East Main Street P . O . Box 279 =r *• *== =•^nv Riverhead , NY 11s01 On the . .. .. ... .. ...... . day of. .. .. .... . ... .. . . .. 19. .. .. ., before me personally came • •• •••••••••..• •••••.•• ••.. ....... . . to me known to be the individual described in and who exe a foregoing instrument, d acknowledged that . .. ...... .. . executed the same. STATE OF NEW YORK, COUNTY OF . SUF.FO.LK... . ...... .. .... . ss: On the . .. � . . , day . .. .. .. ... . of - -May. .. .. . . .. 19. 83.., before me personally came Dlaney . R. . Douglass.. .... ... . . ... .. .. ...... to me known. who being by me duly sworn did dc- pose and say that —she. .. ... resides at-449m. W.iLlo.w,.Terrace. .Lane.,..Or.ie-nt., .DIett.X.ork li . . . . . . . . . . . . .. .. ... .. . . ... . . . . .. . that ... .. .she. .. . . . . .. .. . .... is the ... .. . . . . Rre•��•de.Rt.. ... of ..Wj;�lola„Terrac,e, Farms,, ,Inc; the corporation described in and which executed the foreguing instrument; *t•zt �- Rt sR. and that . . . .sh.e. . . . signed . .. . her. . . .. . name thereto bviiice-order.of the Ttoard of Directors of said corporation. �"??. -`� Notary Public . . . . . . �SMR ��ata�.�flM i f r awdM+'.Y IT e Iwo M'.4r1"/IM"-M,r.,Y D.a.�d-.�r•Wr.•,..-t.+W+a�saBfa f� t % asaaMe WOW.awes.@SO"MO Me wM MVWAUNO►—rM OOMPMOW SUMP 0 e SV AAW"* ,y{ f ';,I g fl/NWVMXtl6 Made tha 29th 6f of •lay .rnues ip n •d nVv0do`fitua a. 11Cf71'tOJ1 ROBERT J. DOUGLAS! and NANCY R. DOUGLASS, Mold"# bells residing at Private Road (no number). OtYent. New York. r i 4 ( t '?4 epuV of as Mat p am ad WILLOW TERRACE FARMS. INC., a lomestle std poefltl6�) ...;g of the State of New Yorl'., having its off ire and principal place d baalaeee C! : Private Hood (no mentos), Orient. New York., E. a R` IVY ,Y • ' 't� r e 3 Nny of the,eeMdd Pam ' wffl�that the parry of I0 form pa4s.is thea leratioeof oNE and Nolf60 gi.fl6}"i •� ---- ----------------------------- --- # : c lawhi samy of/ha t:dited Snr... .ad other goo) and valuable cosaldeeatlea t _c by Ate P" of 010 raw,d pr. an .401 11rebT 911V d leksw 0"'"the P"d dr awetrt pan.a (re aaaeao t and avian,of the party d ow wood pr fame-, ALL that&taus&pM.Pert Mr Peed MI ;ud, side Me iaildow O d igeuaweU 11ra daeY4 aktelb�r" ' � : khan fpiet aid btitg staffs at Orient, 1n the Town d!ioWlaold, Cotmty,d Sttttolt„'arts NKN¢ ( ' ' of New York. more particularly bounded and described an follows c PARCEL I , �•e . . BECINNIhG at the northwesterly corner of Lot 13 as shown oti"Malict Terrace, Section I" filed in the Suffolk County Clerk's Office a mai 140. 3+e; from said point of beglwang running the following twenty-three eattrNt }C (1) Soot& 22 degrees 30 minutes East 216.0 feet; theme u 1„ (2) North 67 degrees 30 minute i East 100.0 feet; thence 'ti'}k t „ (3) South 64 degrees 26 minute. 30 seconds East 97.4'!hats (4) North 66 degrees 21 minutes 50 seconds West 34.92 feed I A UA (, +fit (3) South 67 degrees 30 minutes West 115.0 feet; thane E ' ° (s) South 22 degrees 30 minutes East 362.33 feet; theme ,�.-. (7) North 67 degrees 30 minutes Last 100.0 !nets thanes (2) South 74 degrees os minutes !0 seconds East I34.II1 feet! "Waste (9) North 96 degrees 21 minutes 50 neem" West 92.29 tent! (101 South 61 degrees 30 minutes West 130.36 !nets thence ' 111) South 22 degrees 30 minutes East 123.73 feet; then 112) South 44 degrees 30 minutes East 394.46 leets thenen r jA�` 1 113) Southeasterly tss a cum to the teR, having •audita d 40. IIII► of 92.06 feels thence 114) South I degree 4 3 tollgates; t e eeeonda Beat 66,u 6441 ttleM e (13) South 46 degrees 30 minutes test 67.14 feet; thence i (16) South 1 degr4w 36 minutes it secunda West 10.41 testi Uteo9tl -a t i V 117) South 67 degrees 34 minutes west 46.:46 feet; thence SLR`r. . t Ilq' North N degrees 30 tntnutea Fest 650.0 feed tttettce 119► North 22 degrees 30 m!•vtea - 'est 623.0 feet; Mtewce (201 North 6 degrees 33 mbt_tes Hest 166.89 feet to the ae.tLrlar,llu0et Streets thence ' ti S fit % ) (21) Along said southerly line, North 64 degrees 62 mtmtba N s9isfr6r a {p ".04 feet; them! �r•, (22) Booth 6 degrees 33 minutes East 195.28 feet; thong,* (23) North 60 degrees 06 minutes Eat 11.23 feet to the pe1M at lde/Mtldlq. '. ..s $ SCHEDULE A i - #�� PARCEL If ° ° f it 1' That area ehott wa/ •'Parodg rk and Pla;'q- ad" on "Map Wbr 1'wtress; �t i + �If � A" Section II", tiled in the Suffolk Cou, y Clerk's 1Nflce rt Map No. 5467. be { more particularly described as follows: ! BEG(NN1NG at the northeasterly corner of Lot T. ss shown an saki slop slog' �" t runuints the following seven courses: t P� (1i North 67 degrees 34 mita leo East 46.26 fest{ theses (2) troth 75 degrees 40 minutes 20 seconds East 132.71 (1 thsi s ( I ! 131 Southeasterly 100 feet, more or less, as measured by a Hollow, 60st1 24 degrees 25 minutes 30 seconds East 98.25 feels thence °- :S! (4) Scu 1. 4 degrees 17 min•.tes 30 seconds West iSS.91 feeli tlrsn ,4 it (5) South 75 degrees 42 mi lutes 20 seconds Nwst 90.0 feet to ouMlwy lii( -:; water mark of Orient Harbnri thence (6) Along said high water mark, North 57 degrees 39 minutes 20 Seem": I1,' West 171.86 feet to said Lot 7; thence ,,• (7) A:ong said Lot 7, North 9 degrees 50 minutes 50 seconds Saint ISO.9118901+ I'" to the point of beginning. {,� , PARCEL Its - "z BEGINNING at a point m the southerly line of KIM Street. Netlhi lit 52 indignities 40 seconds West 52.83 feet along said southerly sloe te hvm ift x section with that course of the southwesterly line of said King S~allieh 9t1ME South 40 degrees 00 minutes 10 seconds East. from said point of the following thirty courses: - „'.;ser' r sets A '• (1) South 9 degrees C7 minutes 20 seconds Nest 186.65 tett= t`MDte +�( s r I+ yt F} (2) South 80 degrees 52 minutes 40 seconds East 73.64 fte4J.llteslee yLl" (3) South 20 degrees 12 minutes 30 seconds East 94.98 foots;11teltGe " �l ' t 1 4 (4) North 72 degrees 28 minutes SO seconds East 36.70 foots thst/IM j� Ft (5) South 11 degrees 26 minutes 10 seestds East 141.20 forts wi kl k°y (6) South 10 degrees 23 minutes 50 seconds Eust 171.26 feat{; (7) South 3 degrees 31 minutes 90 seconds Nest 100.20 pit• (8) Routh 62 degrees 65 minutes 40 seconds West 177,66 feetl'4h&6W t'; 19) South 27 degrees 17 minutes 2e seccrds East 22.STflootp M ' , � AH, (10) !forth 88 dptn.s 21 minutes So seconds West 61.11 fewts thet"v)�rl .«,. 111) South 1 ill. se 30 minutes 10 seconds West 390.26 foots thm" (12) North 46 degrees SO minutes West 07.14 fetts a am 4 = (13) North 1 degree 38 mimttea 10 seconds East 243.S2 teats tltaees + iv (14) North AS degrees 21 minutes F0 seconde Went 119.50 fss9s,Ilrtsos " , 1' '�.$ (lS) North 23 degrees 30 minutes West 150.0 reek shares (16) Not 13 degrees 30 minutes West 114.0 feets !Mies ! (I7) North 74 degrees OS minutes 10 seconds West 134.61 foots (18) North 10 degree_ 19 minutes West 190.95 feats thence v P r1i ' - (191 South 68 degrees 21 minutes 5J seconds East 110.0 feels sissinee � s 1201 N..rth / degree 36 minute/ 10 seconds East 150.6 feet{ 16sse! (21) North 80 degrees 21 minutes 50 seconds Nest 150.0 leets Hien" (22) North 64 degrees 26 minutes 30 seconds West 97.42 tool; tttssx „ t• ( _ ' I (23) North 67 do groes 20 miretes East 2S.61 foots thetics 124) Routh 86 degrees 21 minutes SO seconds East 174.17 tests the Me 11+ ;- 128) North 4 degrees 17 minutes, 10 seconds West 217.41 hots theses v: °+ (26► North gree 61 des 17 nitrile+ 50 seeands East 20.0 bets thtleer )'.R. (21) !south 26 degrees 47 minutes 20 seconds Eut 120.0 twit thonew + ` (28) North 118 degrees 57 minutes SO seconds East 260.13 tests 1114+11.00 (29) North 9 degrees M n mutes seconds East 177.M tett, is said southerly line of King street; then.:* 1301 Along said sr,.therly line. South 80 degrees 92 minutes 40 seesrtds 1<tett; ' ' ' feet to the paint elf brgiming. . 1, w r M rTOGC § "has ryh.title aeA muerte. II ane.of the party d ds be 16116 and M`y eteeta rapt � rod&afm tri dw abee deari►d pan-- :o !hr— tans red, + ! r xrr � f 4✓ L-� „I tiI rp"Tmm rr1A tlr npprtersre& ad aU Ila, eore and rkl^& of the party J do led Pon Y OW towdra.M pee 'I i ( -i� k `lia TO HAYL AND 70 HOW the emheron i&t& hen ra-W 11- 008"Ob the pity of 1110 r "P10% de K laia { � ij prt na mwm afd raids d rhe prey of els srornA pan lunare. j p i xy f F J l x it, Y .:< 5 di f ,. .� � a AND 1160 party d the Ent part meerra 111m flat put) of Ila Nw Pan has a!M0 r owow + tg aIme oby da rid at in n her bean hr[rebered In my way a1WfeR.trap!r 4101 t Y�i i y��` AND ae prey d the Ara pro Y emgliae0e trials Sari.+ hJ d the Lew Low,eeesran dot iY 1 b f l nt pre will mN.e ld�a�rtoklm free tM,c.�w�e)'ryt and wig MNJIM 1119111 ee MMM AuM'i a n les ,'�Y 84 {..,.,{ ,{'1 - Moen ba Most End r be applied int far the porpoR d paying the sae d 111w the free b to l6r mrtnem-AUm ase of rlw imgoo eewsnt Won adq my part M 110 Ifrl d iw 001► i dporromme ti a wb 4 � 7�4e sad-prq ill be ea road r if a rad'P n whim 1 Its~d 211114 Weft r t� d 'e. , 4 111 r , ` w«n+Os w7fOiAor.the party d fhe are left las ddy ea&esnd Mie dnd da dap a d yre Nae AA E n y � A, { d , { 7 RFAt153ATE !�' STATE.Ot k , z ,` •' �" iflANSfUtm .. l//��?RR�++///FFF i7p':�bRKrA"i`n S r { M•dj �flb �1 Fi�� nF-0'� _++� �Q��C ♦ Fir��'� 6ty �t , c,� �' � { ..& ti..r�rr, ►1MM r - tley�.. `, .ti {�� '�4 t; r 'l A f w kl� JJ '� V V1 y�AOC Ip�tx a iI.3 �• K� , } } }"r ' q1� r9P# 1}11 e. S 6 3 f r OP Ill TMC MMIerM �4 in amw vem bldlrelVin, t..�ly 'I gI�]]1 i� j 7dYN • f• MSI1llrt Sy ROjWRT J. OOUGLA!' Yv'rJ► f " twd NANCY R. bOUGLA53 ares r r�e M MM yR�e 1 �dm.� tl .>r neaNd 6a 11�a i. ~u 't i wormed the k7name gy 1 r they .mw 1lMM�y LtTC. C j� WEfl[C COMeaT ' F ! I s . S Tefrda N r.7 rrt7c !U s fat' III Trw [+f+:Y. W ✓ I B .. nen tar war f+.wrr 4r • ]I " WA»W WW reef.eeeeR M t' r l0 Mlae mr rSr d . W i =t ` . 09 a e911 deTd ON AeLuse f t kn ".who.MFS�7 na'WIf.^r'�,did Mpu�.rad. �". rM.be.w{ N wr A/i wMA'OI 41�et M� 4- i tlrt Ar rendre r 1 .. my lint he 0470 M Na. .he he is thr y .r1 that Ye is the of T el _ Me moi-dot^bd GYM A in a,d ekld,ane+ad tle heeeeel mrnnete: ANt M N mud which eaartld tte teteee4e f {� r s +w: Art tle d efited kroe! ow OW d rid a,gereetee: tYt !/1 � dd bw W reel d rid.aeel'eer Kl 4 t a sew imm"M A is a A el elm me: dw k ane e a eek iftrraaer M red, tspeer rI1�iLt d dRaed L7 edea d&e lord td d,ncfeee d rid mepo► eefae4 ti al eke Yard d d MMft M drelgele+�. t tfee.ad dile M*04 k erre tbad Y7 Or reds. tis,red ebet le elp�d k Pere rYItlYY 1'1, • 1 t n }� ' ^i+i i 'f0 MdtNe�f:eANlca.k't. � ' r i 3 , J (k11MT7 t' 7t s *'ROBERT J. DOUGLAS9 JI { 4+MANCY R. OOUGLASS 10 a�WILLOW TERRACE }'ARMS. INC. r...aw r re.e•tae tnTeew rt re. � I I Robert W. Tu . EWe wrer w.arwaesrr>tr swrwr 425 Mab Strld , ��•' s ' ea'eiaa" Grwn1�4 New Yeril 11%4 i 171E 177LE GUARANIEE COMPAM x It t wtM _ r„ IF t 2► ; c _ - KING 14.5POLE / S.80 S °47 3p„ o , TR so.00' e. £ I�or formerl OW y £ m rte¢o _ o I e G Schiller S. 0 g �F SP -� 1 R 1 George 50"E. r � 7 .v I m 3 1975 \ 3V� II sp,t ❑ P ' I O M o " cY now or formerly I ai °' o �,_ .csTaKaoL o i. co o . FENCE Z R er Brenner 81 wf o cts (1 o a Mr�io o^ ono or former lass o S.26 4210 E. w rn ro p GO (io erf J.Dou 120.00' _ "> m N.89°03'00°E. o C: rn o_ 103.20' 0 -k W I �� y \`S \ �w f Lm rIY f c _ a -0 S.8b" I ��> `I °\ anFY R. Douglass PRIVET HEDGE 3 N ^ 1 73.64' 3�—op12p'E.. \ N m 7 II / S 20 9498 o34��. I 36. T ,0008' \ 88°21 50"E. - w 5.88°16'40"E. I N n n o 0 25' 174.1�7 --- 160.00'\ UTILITY POLE —�� Ol 4 N �� to \ / N � 1501VO \3� I. 436,45 s.f. N d r 0 N.88d21'Sd"W. 8 O: g7 4 2 I �3 a p Or o- __.—� J 2 630. ,p° N ❑ N m �N ^ 1.0020.AC, l" (ly \ W \ 82036 S.f. �I N I 1 f 8 o ; now or f r rly "o —Nm I or N _N \J---- t;ow °( O` ar{ .l y R.Do glass _ 1.8833 AC. TES' D E i m e E d �l0�01 Le --15 I L_ °< 5.88°21'50"E. ° N.88021 50' W. �p,OO' 1 ai N.88°21'50 W 7.96' �' C �m Q I \ 110.00' Z n \ m aRG n 1 N h a p O W Do OD \ O N 50• S 0 DRIVE AT i1' v I m, �- f 9.T, e.1' r a 9.]1 I r -5&7'1N3 v ---"o frt 67494 SA L) 'i I n op A wD.DECKI N or 0 O n s.s' _ 1.5494 AC. 1 m �E.. , In:' ro j .10 WELL I HOUSE S ARE \�� LLL 30' I N / / 0 '14 9 r PRINCIPLE I I ('— 10 NJI \h i0 ASO nl ENVELOPE OR- I 2 ,WELL �� Ib. h / OR- S.88021'50'E. STONE ROAD302.95' IL " 0. a' so 787`❑ S.f. s\ 2It 0 10.00 I aF r;= I a / j II�O u, /3.7460'15 0 w� N.8 21'5d _.1._. 4 11.809,7 AC. e=W N i ` Q 4. O T ` / o ` Ir / <o '' \ I X o10 /� / } 1 \h N110•o% ' o now or formerly ti i 16? Stuart & parol "' I I 63°00// Mager l I cc I S. LJ v I I I s / I \� 1 N.88°21'50"W, _ i>'�� // I N � o O ,I O 9 S \10n l N y �0 I face r _— I O O f!" I WIDTH er EXISTIP COf „w.\ Ow ff,eer�.5 -- i I M 1 0 / \ O� I AND AE 3 " Ci {y y 0 1 ASPHAI SUbd\Nls\�n so{{olK w I ° E tr \\ / I SPEGF ¢' a \ \ I poi o i fM o < Z � \ 1 \ °riM co 0 0 1\ o l l \ 1\ \o I \\\\ \\ ( / M o II II v�Oj O o o \\ 60 1 300 n 1I \ \ \ / I G,O Oi \ f I POND I � / <Of S\\ ? It 12.0 Ora e`er°\\ rt Par \\ /D/0 I y l \\ \\ y9roUn 'tVF \ i K <.s I N G 1 UTILITY POLE _ ooffo� 3I °w�or formerly bc o o SchilEler George o Lr -0ooI 8° 7 'mo Oct,- 9 I1 �J- I I N im I , 0 O -� 03 N now or former ��STOCI'•AOL x FENCE Z R er .. Brenner � �°ow or tamcr A S.26°4211011; Robert J. 10 1°s' , 120.00, _ ^ N.89003'00 11 new COP f Cm rly f 103.20, �\ ` �\ ancy R. Douglass PRIVET HEDGE \ O \ � 61°g0 yg3 \ .88 '2150: E � m r1. 2 , UTILITY POLE 150�01 N� N:88d21'Sd°w. g S)I'll 30, ILO N O now orf \ rly w I 820306 s N o 000 o IN cy R.DO glass g o.883n CID \,,•� a M S.8802150 E. °— N.88 21 5o w. 0 i 110.001 Z — Ir z 0 \\ 67494 s 0 4 000E 1.5499 4 A to �° —T �h / t0 tJA O9 nl EN 1 + - 5.88021'50"E. ..=TOH 1\ Or i \ 0O GI \ N N.7 ° N.B < 13-9.6 39 6j05 11 018 ` [O 0 1 A � \ p now Sfuo r 1 \ F \\ N 9 C01°�+ °r „wy �\\e 005J S�bA\N\5\o�sUffp\K <0/ / 9 \ / 7 r \ o \ / i 30 01 / i G E \ I _ Hq \ Jo` 6� 0O� — 0 M{°OM1 I.0 wN l°RM 2.5 e ' PHONE:852-2000 l SUFFOLK COUNTY CLERK'S OFFICE Edward P. RpmainP, COUNTY CLERK AIVF.RIIEAI+. N!w YORK 11901 own of Southold Assessor Town of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision -\ Map Of : Wijjow Was - Was Filed , . Oct 4 r ��°ILf `\ Filed Number, A} stract Number , Township , Southold STM#$ (COO Z�-Z -35•/p Owner : Very truly yours, County Clerk t 1r— I ,1 ^} Map Department 20`' ' Qrrn No. 49 talsr:elr n • ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER IS 16) 369-2065 P. O. BOX 570 .LANE ANN R. KRATZ WATER MILL, N.V. 11976 (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN September 28 , 1994 M BY HAND D D D�v Town of Southold Planning Board SEP 29 1994 Town Hall, 53095 Main Road P.O. Box 1179 SOUTF&D T(h'M Southold, NY 11971 PLA,",IWNG BCA,D Re: Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold Tax Nap No. 1000-026.00-02 .00- 039 . 010 Dear Members of the Board: In accordance with the Board's August 23 , 1994 letter advising as to the conditions of final approval of the above- referenced subdivision, and to supplement the Board's files, I enclose herewith the following: 1. A copy of a deed from Willow Terrace Farms, Inc. to Willow Terrace Farms Home Owners Association, Inc. , dated September 22, 1994 , which was recorded in the Office of the Suffolk County Clerk at Liber 11695 of Conveyances, Page 200, on September 22, 1994 ; 2 . A copy of a "Modification of Declaration, " dated September 22 , 1994, which was recorded in the Office of the Suffolk County Clerk at Liber 11695 of Conveyances, Page 201, on September 22 , 1994 ; 3 . A copy of a "Declaration of Covenants and Restrictions, " dated September 1, 1994, which was recorded in the Office of the Suffolk County Clerk at Liber 11695 of Conveyances, Page 202 , on September 22, 1994 ; 4 . A copy of a "Declaration of Covenants, Restrictions, Easements, Charges and Liens, " dated September 1, 1994, which was ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Town of Southold Planning Board September 28, 1994 Page 2 recorded in the Office of the Suffolk County Clerk at Liber 11695 of Conveyances, Page 203 , on September 22 , 1994; 5. A letter, dated September 12, 1994 , from Certilman, Balin, Adler & Hyman, which states that, in the opinion of the writer, the Willow Terrace Farms Home Owners Association, Inc. will be created and in operation upon the recording of the aforesaid "Declaration of Covenants, Restrictions, Easements, Charges and Liens" and the By-Laws of the Association in the Suffolk County Clerk's Office; and 6. Two (2) mylars and six (6) papers prints of the final subdivision map, on which has been placed the recording information for the foregoing instruments. It should be noted that item 113" above is the "Declaration of Covenants and Restrictions" required by the Planning Board. I assume that the conditions of final approval have now been met and the Chairman can proceed to sign the final maps. Please advise me when the maps are signed and ready to be picked up. Of course, if you have any questions, please call. Very �truly yours,a John M. WagneY /JW Encls. CERTILMAN BALIN ADLER & HYMAN THE FINANCIAL CENTER AT MITCHEL FIELD 90 MERRICK AVENUE EAST MEADOW, NY 11554 IRA J.ADLER M.ALLAN HYMAN TELEPHONE. HERBERT M.BALIN THOMAS J.MCNAMARA (516)2964000 BRUCE J.BERGMAN FRED S. SKOLNIK MICHAEL D. BROFMAN LOUIS SOLOWAY MORTON L CERTILMAN HAROLD SOMER TELECOPIER. MURRAY GREENBERG HOWARD M. STEIN ISIS)296-7111 DAVID Z.HERMAN STUART J.STEIN RICHARD HERZBACH BRIAN K.ZIEGLER BERNARD HYMAN NORMAN J. LEVY DANIELS COHAN GVNSEL September 12, 1994 Town of Southold Planning Board Q 6 O Town Hall,. 53095 Main Road P.O. Box 1179 6. SEP 2 Southold, New York 11971 Attn: Melissa Spiro, Planner _. RE: Subdivision of Willow Terrace Farms, Inc. situated at Orient Tax Map No. 1000-026-02-39.10 Dear Ms. Spiro: Please be advised that my firm was retained by Willow Terrace Farms, Inc. for the purpose of preparing all the necessary documents for the incorporation and filing of the home owners association know as Willow Terrace Farms Home Owners Association, Inc. ("HOA"). In connection therewith we prepared and filed a Certificate of Incorporation for the HOA with the New York State Department of State. Said Certificate was filed in said office on June 7, 1994. We further prepared the Declaration of Covenants, Restrictions, Easements, Charges and Liens and By-Laws of the Association and submitted said documents to the New York State Attorney General's Office for review. The New York State Attorney General's Office accepted for filing said documents on June 23, 1994. The acceptance for filing of said documents permits the developer to offer the lots in the Willow Terrace Farms subdivision for sale to the general public. It is our opinion that upon the recording of the Declaration of Covenants, Restrictions, Easements, Charges and Liens and By-Laws of the Association in the Suffolk County Clerk's Office, a valid home owners association will be created and will be in operation. Very truly yours, CER BALIN ADLER&HYMAN RRichByerzbach RH:lh ' iIOXE 5 'IIIRU 9 MUST' BE'I'YI'IM ( 'RIKFED IN BLACK INK ONLY )11 '1'0 RECORDING OR FILINGI I I SUFFOLK COUNTY CLERK 2 6091 3 n Lil'll S Nlllllllel'11f IIa6l'9 1 SFP 11 1 09 HH '9I1 ..� 11'01MF•NS ': t ; EDN(AIQ) ''. fiOMAi'iE QLER1. OF Serial// SEP 22 1994 SUFFOLK f;jUillY Cerllficate If TAX 6091 I Decd/Moligage Instnmucnl II heed/Morlgagc Tax Stamp II Recording! Filing Stamps '1 1'EGGS Page/ Riling rice 1 MortgageAmi. Handling j 1. ilasic Tax TP-584 2. SONYMA Notation Sub Total EA-5217(Comely) JS Sub'I'olal ._ J. Spec./Add. EA-5217 (Stale) G S/ 7� '1'O'F. M'1'G. 'I'AX _ ILP.T.S.A. Dual Town_Dual Comely_ llcid for Apportionment Comm. of Ed. 5_._1111_ ` ? Transfer'Fax Affidavit �i"" Mansion Tax _ Certified Copy The property covered by Ihis mortgage — / / is or will be improved by a one or hva Iteg. Copy Sob'Folnl 7 ) family dwelling only. r > YESor NO _ GRAND 'f0"1'A1, i(, If NO,sec up_ proprhde tax clause nm h )� page// of Ihis hlslnmlcnl. �p heal Prl tcrly'1'ax Service Agency Verification Title Company Information coumry Dist Section Block Lot v j0 loon u 26( 2 —0 207) 039o10 ; 11 Sian) t c � G, ompalylVuole SOUTHOLD rOv,'N i `I FEE PAID BY: Cnsh Check Charge ESSEKS, HEFfER & ANGEL Payer some as It& R P.O. BOX 279 RIVERHEAD, NEW YORK 11901 O It: — -- ---- 8 i' RECORD & RETURN 'F0 r Suffolk County Recording & EJ ndorseme> '� Page This page forms part of (he attached DEED made by: (Deed, Mortgage, etc.) WILLOW TERRACE FARMS, INC. The premises herein is silmaled its SUFFOLK COUNTY, NEW YORK. TO ,'� , JJ14le I'OWN of SONTIIOLn WTT.LOW TF.RRAC.F. FARMS 1TOMF. OWNERS ASSOCIATION, INC. lli the VILLAGE or 11AMLE'1' of N/A Standard N.Y.B.T.U.Fonn 8002-20M- Ain and Snle Dced with Covenants Against Grantor's Acls-In.0al or Comornlion.@Ingle sheet) CONSULT YOUR LAWYER BEFORE SICNINC THIS INSTRUMENT-97115 INSTRUMENT SHOULD RE USEU RY LAWYERS ONLY THIS INDENTURE, made the V day of SEPTEMBER, nineteen hundred and ninety- four BETWEEN WILLOW TERRACE FARMS, INC. , a domestic corporation with offices at Willow Terrace Lane, Orient, New York 7;1957, party of the first part, and WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. , a domestic not-for-profit corporation with offices at Willow I Terrace Lane, Orient, New York 11957, party of the second part, WITNESSET119 that the party of the first part, in consideration of ten 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 grantees, successors, and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, if any, situate, lying and being at Orient, Town of Southold, County of Suffolk, and State of New York, as more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof. This conveyance is made in the regular course of business of the party of the first part. SUBJECT TO a "Declaration of Covenants and Restrictions" made by WILLOW TERRACE FARMS, INC. , to be recorded simultaneously herewith. AND ALSO SUBJECT TO a "Declaration of Covenants, Restrictions, Easements, Charges and Liens" made by WILLOW TERRACE FARMS, INC. , and the By-Laws of WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. , to be recorded simultaneously herewith, which "Declaration of Covenants, Restrictions, Easements, Charges and Liens" reserves the right to amend the Site Plan (as defined in said Declaration) to effectuate any of the provisions contained in ARTICLE X of said Declaration, and the said party of the second part hereby COVENANTS AND AGREES for itself, and its grantees, successors, and assigns that it, or its grantees, successors, and assigns will, if requested, execute, acknowledge and deliver, without charge, a deed or deeds reconveying to said party of the first part or to an Owner (as defined in said Declaration) any land theretofore conveyed to said party of the second part, or to its grantees, successors, or assigns, so that a revision or correction deed or deeds conforming to an amended Site Plan or amended legal description of the land may be delivered. The covenant contained in the foregoing sentence shall run with the land and shall be binding upon and enforceable by the parties hereto, or their respective grantees, successors, and assigns, as the case may be. AND ALSO SUBJECT TO a "Modification of Declaration, " made by WILLOW TERRACE FARMS, INC. , to be recorded simultaneously herewith, AND ALSO SUBJECT TO any and all other covenants, easements, reservations, and restrictions of record. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, and its grantees, successors and assigns, forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: WILLOW TERRACE. FARMS, INC. By: CY Vbdudrh§geresiTent STATE OF NEW YORK, COTY OF SS: STATE OPC YORK, COUNTY OF SSJ On the day of 19 On the day of 19 before me personally came before me personally came to me known to be the individual to me known to be the individual described in and who executed the described in and who executed the foregoing instrument, and foregoing instrument, and acknowledged that executed acknowledged that executed the same. the same. I I t Notary Public Notary Public STATE OF NEW \\YORK, COUNTY OF SUFFOLK SS: STATE OF NEW YORK, COUNTY OF SS: On the "P'v-t)Jay of SEPTEMBER, 1994, On the day of 19 before me personally came before me personally came NANCY R. DOUGLASS, to me known, who, being by me duly to me known, who, being by me duly sworn, did depose and say that she sworn, did depose and say that he resides at Willow Terrace Lane, resides at No. Orient, New York; that she is the President that he is the of WILLOW TERRACE FARMS, INC. , of the corporation described in and , the corporation described in and which executed the foregoing which executed the foregoing instrument; and that she signed instrument; and that he signed her name thereto by order of h name thereto by order of the Board of Directors�# said the Board of Directors of said corporation/ / / corporation. , :?/6U� l-(,�- (ae �, �. Notary Public - Notary Public KAREN M.UHLINGER NOTARY P1.1--LIC,SUTE CF f iEW YGNIIK I NO.4054425•SUFFOLI;COUNTY COMMISSION EXPIRES FEB.28, 199 BARGAIN and,SALE DEED I WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 26 TITLE NO. BLOCK 02 WILLOW TERRACE FARMS, INC. LOT PO/O 39 . 10 TO COUNTY OR TOWN SOUTHOLD WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. Record.datRcqu tof Realm by Mail to ESSEKS, HEFTER & ANGEL 108 East Main St. , P.O. Box 279 RPSERVE THIS SPACE FOR USE OF RECORDING OFFICE Riverhead, NY 11901 ATTN: John M. Wagner, Esq. ZTI'L901 i SC=ULE A ALL THAT CERTAIN plot, piece, or parcel of land situate, lying, and being at Orient, in the Town of Southold, County of Suffolk, __ _ and State of New York, bounded and described as follows : BEGINNING at a point on the southerly line of King Street, which point is at the northeasterly corner of lands now or formerly of Irwin D. and Sara H. Schorer and is situate a distance of 808 . 53 feet easterly, as measured along the southerly line of King Street, as it winds and turns, from the point of intersection of the southerly line of King Street with the easterly line of a private road known as "Willow Terrace Lane, " which private road is shown on the subdivision map of "Willow Terrace, Section 1, " filed in the office of the Suffolk County Clerk as Filed Map No. 540'7; .11 AND RUNNING THENCE, from said point of beginning, the following courses and distances : 1 . South 80 degrees, 47 minutes, 30 seconds East, along the southerly line of King Street, a distance of 50 . 00 feet to a point at the northwesterly corner of lands now or formerly of William J. Kanz, Jr. and Isabelle Kanz; 2 . South 09 degrees, 12 minutes, 30 seconds West, along the said lands now or formerly of Kanz and other lands of Willow Terrace Farms, Inc. and through a monument at the southwesterly corner of the said lands now or formerly of Kanz, a distance of 344 .57 feet to a point; 3 . South 01 degrees, 38 minutes, 10 seconds West, along other lands of Willow Terrace Farms , Inc. and lands now or formerly of Robert J. Douglass and Nancy R. Douglass, a distance of 909 . 51 feet to a point on the northeasterly line of the aforesaid private road known as "Willow Terrace Lane" ; 4 . North 46 degrees, 30 minutes, 00 seconds West, along the northeasterly line of the aforesaid private road known as "Willow Terrace Lane, " a distance of 67 . 14 feet; 5 . North 01 degrees, 38 minutes, 10 seconds East, along the aforesaid private road known as "Willow Terrace Lane, " along Lot 8 of the aforesaid filed subdivision map of "Willow Terrace, Section 1, " and along lands now or formerly of Stuart and Carol Mager, a distance of 489 . 37 feet to a monument at the northeasterly corner of the said lands now or formerly of Mager; -1- n ^ 6 . North 88 degrees, 21 minutes, 50 seconds West, along the said lands now or formerly of Mager, a distance of 210 . 00 feet to another monument at the northwesterly corner of the said lands of Mager; 7. North 74 degrees, 05 minutes, 10 seconds West, along the northeasterly line of a private road known as "Rowe Drive, " which private road is shown on-the aforesaid filed subdivision map of "Willow Terrace, Section 1, " a distance of 134 . 61 feet to a point on the northerly line of the aforesaid "Rowe Drive, " which point is also at the southeasterly corner of Lot 11 of the aforesaid filed subdivision map of "Willow Terrace, Section 1 8 . North 67 degrees, 30 minutes, 00 seconds East, along other lands of Willow Terrace Farms, Inc. , a distance of 41 . 09 feet; 9 . South 88 degrees, 21 minutes, 50 seconds East, along other lands- of Willow Terrace Farms, Inc. , a distance of 302 .95 feet; 10 . North 01 degrees, 38 minutes, 10 seconds East, along other lands of Willow Terrace Farms, Inc. , a distance of 328 . 64 feet; and 11. North 09 degrees, 12 minutes, 30 seconds East, along other lands of Willow Terrace Farms, Inc. and also along lands now or formerly of Irwin D. and Sara H. Schorer, a distance of 347 . 87 feet to the southerly line of King Street and the point or place of BEGINNING. The above-described premises BEING AND INTENDED TO BE the roadways designated as "Major' s Pond Path" and "Rowe Drive" on a certain subdivision map prepared by Young & Young, Land Surveyors, of Riverhead, New York, which map is entitled "Map of Willow Terrace Farms, Inc. " -2- ►LOXES 5 "(IRU 9 MUST BE TYPED PRINTED IN BLACK INK ONLY WOR TO RECORDING OR (TILING. I �SUFC'ULK COUN'T'Y CLERK 2 3 wrn Number of pages `f SEP ZZ 1 10 P19 '9ll '1.ORRENS EDR'ARD t'. HOMAINE GLEFK, OF ScrialH SUFFOI r i CUNT)' Certificate 11 Prior Ctf# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp IL Recording/Filing Stamps i 4 rui? Morlgagc And. 1'nge/ Filing pec L 1 Handling L Uasic'1'ax SEP 2 9 TP-5114 ry f 2. SONYMA SOUTHOLD TO!":'d Snb Total Notation PLANNING 13&a)45 _ 3. Spec./Add. EA-5217 (County) Sub Total — EA-5217 (State) TOT. MTG.TAX ILr:rs.n. Dual Town_Dual Counly_ held for Apportionment Comm. of Ed. 5 . 1111_ + Transfer Tax _ V 19MD INOf�� Affidavit 70 i Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total —C S�1— family dwelling only. YES_ m• NO_ 90lherGRAND TOTAL� ._ If NO,see appropriate lax clause on page N of this instrument. rJ" Real roperly'rax Service Agency Verification Title Company Information i oou rr Dist Section Block Lot 1000 U 26 t'1D D 2.1O p 3910 Slam Company Name 1 a,t- Tille Number FEE PAID BY: 7 Cash_Check X Charge ESSEKS, HEFTER &ANGEL layer Same its It& It X P.O. BOX 279 RIVERHEAD, NEW YORK 11901 OR: R ' RECORD & RE,TUIUN Ifo 9 Suffolk County Recording & Endorsement Page DECLARATION OF COV .j mENANRESTRICTIONS This page fors pall of the attachell FASFMFNT� (•HARQF.S TS AND T. F.NS Illide by: (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. WILLOW TERRACE FARMS, INC. TO In the TOWN of SOUTHOLD In the VILLAGE or IIAMLET of NIIA ,144),.41 x5 TABU 9 MUS•l' IlE•I'VI'ED (iR PRINTE1) IN BLACK INK ONLY 1' (IOR TO RECORDING OR FILING. l I SUFFOLK COUN'T'Y CLERIC I 2 ,I'll 95N201 Num6cr of pages 7 TORRE f [�, �riL Serial H f , Cel lificale 11 City Deed/ Mortgage inslnunad II heed/Mmigage Tax Stamp II Recording/Filing Slanqls FEES Page/Filing rice Mortgage And. i Dandling 1, linsic Tax TP-584 2. SONYMA Nolnlion Sub't'otal EA-5217 (County) Sulr'1'olnt � O J. Spec./Add. EA-5217 (Sla(c) TOT. M'I'G. '1'AX R.P.T.S.A. _ ._ � Dual Town_llual County— $ IIcId for Apporlionmenl_ Comm. of Ed. 5 . 00 T,master -- — Affidavit Mansion Tax _ Certified Copy —� The properly covered by This_mortgage is or will he Improved by a one or In•o Ileg. Copy _ Still Tolxl � , family dwelling only. YES_ or NO_ GRAND TOTAL S If NO,see appropriate tax clause ou pnge'N of This instromcnt. 5"r te Real Properly Tax Service Agency Verification Title Company Informnlloa Dist Section Dlock Lot 1000 D 26 -00 02 •(.Y) UOU• C(`C:C) Vill i FEE PAID BY: / �1 Cosh Check X Chnrgc ESSEKS, HEFfER & ANGEL Payer some as It& R X P.O. BOX 279 RIVERHEAD, NEW YORK 11901 Olt: 8'. RECO11D & RE'T'URN TO v Suffolk County Recording & Endorsement Page This page forms pal'( of (lie a(ti1C(led MODIFICATION OF DECLARATION Illade by: (Deed, Mor(gage, etc.) The premises herein is shunted in SUITFOLK COUNTY, NEW YORK. WILLOW TERRACE FARMS, INC. 1'O In the TOWN of SOUTHOLD In tale VILLAGE or IIAMLE'1' of ,,,i,, I �r • MODIFICATION OF DECLARATION THIS DECLARATION, made as of this day of September, 1994, by WILLOW TERRACE FARMS, INC. , a domestic corporation with offices located at Willow Terrace Lane, Orient, New York, hereinafter referred to as "Willow Terrace" ; I WHEREAS, Robert J. Douglass and Nancy R. Douglass, his wife, are the Declarants under a certain Declaration dated the 2nd day of December, 1969 (hereinafter the 111969 Declaration" ) , which Declaration is recorded in the Office of the Suffolk County Clerk at Liber 6668 of Conveyances, Page 347, and which Declaration i imposes certain conditions, covenants, and restrictions on certain premises described in "Schedule All annexed to the said Declaration, i a copy of which "Schedule All is annexed hereto; and WHEREAS, by Paragraph 1115" of the 1969 Declaration, the aforesaid Declarants expressly reserve the right at any time, whether or not the Declarants own any part of the premises covered i by the 1969 Declaration and without the consent of any owner, mortgagee, or other lienor, at any time to alter, modify, or annul , in whole or in part, any or all of the conditions, covenants, and restrictions set forth in the 1969 Declaration as to any lot or lots, or the whole of the premises covered by the 1969 Declaration; and WHEREAS, Paragraph 11151' of the 1969 Declaration was modified by an instrument executed by Robert J. Douglass and Nancy R. Douglass, his wife, dated February 7, 1972 , and recorded in the I Office of the Suffolk County Clerk at Liber 7108 of Conveyances, Page 232 , to provide that, notwithstanding the aforesaid rights of the Declarants of the 1969 Declaration to alter, modify, or annul the conditions, covenants, and restrictions of the 1969 Declaration, the Declarants of the 1969 Declaration or their successors or assigns shall not have the right to increase the annual charges as set forth in Paragraph 1118" of the 1969 Declaration without the consent in writing of all of the owners of the property affected by the 1969 Declaration; and WHEREAS, Paragraph 1119 " of the 1969 Declaration provides that the 1969 Declaration shall be binding upon, inure to the benefit of, and be enforceable by the Declarants, their successors and assigns, and expressly confirms that the aforesaid right of the Declarants to alter, modify, or annul the 1969 Declaration may also be exercised by the successors and assigns of the said Declarants; and WHEREAS, Willow Terrace is the successor in interest to the aforesaid Declarants of the 1969 Declaration pursuant to a deed from Robert J. Douglass and Nancy R. Douglass, his wife, to Willow Terrace Farms , Inc. , which deed is dated May 28 , 1973 , and is recorded in the Office of the Clerk of Suffolk County at Liber 7421 I of Conveyances, Page 285; and WHEREAS, Willow Terrace desires to modify the 1969 Declaration in certain respects; NOW, THEREFORE, Willow Terrace hereby declares as follows : 1 . Paragraph 116" of the 1969 Declaration is modified to read in its entirety as follows : i _2_ i • • t I "No separate or detached accessory structure of any kind or nature shall be erected, placed, used, or maintained on any lot with an area of one (1) acre or less . Separate or detached accessory structures may be erected, placed, used, or maintained on any lot over one (1) acre in area provided that, prior to the initial construction, placement, or use of any such accessory structure, the Declarants, their successors or assigns, shall have approved in writing the size and architectural design of the proposed structure . " 2 . Paragraph "10" of the 1969 Declaration is modified to read in its entirety as follows : "No fence, whether fabricated or growing, shall exceed four (4) feet in height without the prior written consent of the Declarants, or their successors or assigns . " 3 . Paragraph "11" of the 1969 Declaration is modified to read in its entirety as follows : "No title to land in any street opened or laid out by the Declarants or their successors or assigns is conveyed or intended to be conveyed to the owner of any lot and the Declarants, their successors and assigns, reserve the fee of all land lying in the bed of any and all such streets, and further reserve the right to convey to any municipal authority or to any now existing or henceforth created homeowners association all of the rights, title, and interest of Declarants or their successors or assigns in and to any part or all of such streets, should the Declarants, their successors or assigns, at any time deem it expedient to do so. ,, i i 4 . Paragraph "18" of the 1969 Declaration is modified to read in its entirety as follows : -3- i i i "Any and all costs for maintenance and/or repair of any street or streets now or hereafter providing access to any portion or portions of the premises covered by this Declaration shall be the sole responsibility of one or more duly-approved and duly- constituted homeowners associations . " 5 . Except as specifically modified herein, the 1969 Declaration shall remain in full force and effect . IN WITNESS WHEREOF, Willow Terrace has caused this instrument to be executed as of the day and year first above written. WILLOW TERRACE FARMS, INC. NANCY R!. DOUGLASS4 PRESIDENT STATE OF NEW YORK) I ) : ss . COUNTY OF SUFFOLK) On this -,, day of September, 1994 , before me personally came Nancy R. Douglass, to me known, who, being by me duly sworn, did depose and say that she resides at Willow Terrace Lane, Orient, New York, that she is the President of Willow Terrace Farms, Inc. , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. NOTARY PUBLIC KARD 'A.puL!NCER NOTARY P!i:•`C.'t•*E r'( GEW YGAK N0.40 5.SV.FF0L, C�uLTl , COMWSS'ON&Plm FEB.2E,199 -4- ac 'vl ERubu4app PACE lid , SCHEDULE A ANNEXEr. TO AND FONNi1NG A PART 00 1-)CCLAftA1'I Li Y, ROBERT.J, DOUGI ASS AND NANCY R, D()1JG1,AS: 111SrWIV E, DATL;D TIDE 2nd. DAY OF I)ECEN1131:11; 190. , 't All Al I, that contain plot, piece: or �p;ircel 6flcu)d, with th, .linildings a u improvementsthereon erected,; situate, 'lying and being at Orien1 ` Town of Southold, County of Suffolk and State of New York, boijodci I C described as follows; BEGINNING at the trite rsectiun of the south,dy line of King tr'"eE �i E the westerly Hari of suid King Street; I'vom sirid pciut of hey lr ninl{'r,ultlzb along said wosterly'linc South 40'Clegrc'us 00 rrrinuted ll) Scuonda,Eus ., feet; thunca along land now ur formerly ol''llunrboro four(1) South 78 degrees 21' minutest 20 seoonds West144,,00 fciut(2) South 20'degrees 12 minutes 30 seconds East .94, 08feet;.,{3) `North 72 degrees, 28' minutes;5o'seeandsPast'30, 70;fuot,(4) South 11 degrees 20 minutes'10 seconds East 141, 20 foot along land,now or formerly of Vanderbilt uiid along.land, now or, forurr5rl ,f Latham, South.10 degrees 23 minutes 50 seconds East 171. 38 rest; thane >, still along land now or.formarly of L,utham ten courses'awfollows, (1) South 3 degrees 31 minutes 30 seconds West 180, 20 feet, •then (2) South' 02 degrees :55 minutes 40 seconds West 177. ifC4 t ane (3) South 27 de mecs' 1J degrees 17 minutes 10 seconds East'100, 0�faet' tfi' 6 � l7 "minutes 20 (4) South c seconds East 120. 0'feet t e (5)"South 0 degrees 59 minutes 50 seconds East 09. 20 feet t ur (G) South 2, degrees l3 minutes 10 seconds (East 138, 00 'l'",t ' t •r 1 (7)- .Westerly about 70 feet to a point whielt is out de ore Ls ZL +l minutes seeon s West 07, 19,feet from the last escri ed polnt ` thence. ,,(8) Southeasterly about 100 feet us measured by u;ti'e 1,ine"ISoutlly" 4:v; s degroes 25 minutes all seconds 'East 00,25 feet, thence (9) South 4 degrees 17 ixilnufes,30 sr eon�s'.Wat�t 1"a5r 0l flra3Y, ' lh nr. (lo) South 71) degrees 42 mirwtas 20 necolirlia Wes;',00, 0, feet'to ' ordinary high W, Ao, murk of Orient llalIbor ; thuno'c'northwesterlyitlortry F.;i high water mat•IC, 1 tlo I'ee% Inure or less, us mens'urud,by,a' tio l ni+.;NotA 48 degrees, 00„ntlrwtres -00 Seconda 'West 1,107; 10 feet; thenceJilotiv, laiiil h :i . formorly,of Jamey, V. Douglass three coursoS, asslollowd,, to Witt . (1) , North fib degrees 00'.rninutes 50 seconds East 238, 40-fnbt;• t i ' c '(2)„ North 22,degrees 30 minuteS00-seconds 'West 143, 0, feet,,,they (3) South'71',degrees 36 minutes'20 'seconds West 1.40, 00 feet to 1' n now or formerly of Krull; then”, along said land of Krull and along,talit In or formerly of Fre North 22 degrees 30,min tes 2 2 Y Y, g u 00`seconds-West.. 90, ,.. f feet; thence along said land of Frey, North 10 degrees'22.minutes 10 so"t nr . West, 201.122 feet-to land now or formerly of Cooper, thence along said' ani of Cooper, North 70 degrees 52 minutes 00 seconds EgstAq, 92 feet to an now or formerly of Davis; ,, thence along'said land.uf.I)avis; twc�'couraos; a,.+f f (i) North 79 degrods 24.minutes 00 seconds'Eaat 07. 72•feeU then' (2) North 8 degrees 33'mihutes'00 96c rids West'188,F19 feet to the ,' t southerly line of Street;, thence along suld southarlyline.of;Kin s s :* ": North 84 degrees. 52.,minutes 40 secondp.East• 20,04 feet to landnow ov for tof Karl H, King; ��thenae irlonp land lastrrlentionedrtwo coilrses as'follow South 8 degrees 39 minutos 00 Se ondeaEast X189, 28'fa,et theno (t ' 1?) North`80deg rees, 08 minutes ,00 secolids hast°(10, 71 feet toy- anC 1a li` g , I' gip;e +�f , - v- 4 ` lbr fa,a,ant"1 hl,,, Vii,• 4141 K , d ! ', > hc � �c} ,Ap , . 1 , .• `e T,+"t.'r,"t�.,,,, �IP'f7lMr'!CWM1t141 ,• 'd ,1r � +.y' ,v" 'V^r �.�11b�'„ryY,rf;�^y`Fr�lr.„t�15, 4 : ugE�6668 r�tE 34 lj naW un formerly of La }3nrre; Ihehce :dont* lnnd lull, ttu+ntinned two courses as follows; (1) North 70, degrees 30 minutes On seconds Isnsi: 1 Ill. 02 feet; thence ` (2) North8 degrees O0 rniriutcs 30 seconds Neat 167, 44 feet to said southerly line of King'Street, thence along said southerly line of King Street ro ; J,orth:85,degrees ,i0 minutes 30 seconds East 117, dt feet to land now or °r o, formerly ofTerey Douglass; thence along land last mentioned five courses as follolvs� to'wit: ' (1) South G degrees Cil minutes 10 seconds East 155. 48 feint; thence ,,(2) 'Noeth' 81 degrees 17 minutes 5O'Seconds East 03, 45 feet; thence r {' (3) �"South`20,degrees 47 1ninuteu 20'seconds Mist 120, 0 feet; thence ,��.:„ rb `- (4) -N6` th 8t3�degrees 57 minutes 50 seconds East 153, 14 feet; thence (5) No( th g degrees 117 minutes 20 seconds''- frit 200, 0 rout to the southerlyllns of�King Street; thence alongsaid southerly line of King Street South:;80,,;Iegrces,52 minutes 40 secondH Exist 227, 03 feet to the point or place, . ofbe b nn gr1 � g• i, �' 1� y , .l- 1 eb l i� r tr�v - u " �' v r r .a n t r` � ✓a+¢•vii ["r M IJOXES 5111RU 9 MUST UE INPED RIN'1'ED IN BLACK INK ONLY 1 )RTO RECORDING OR FILING. (I SUFIIOLK COUNTY CLERIC �2 -� 3 lil',/ 4695N202 SEP Number of pages TORRF.NS Serial Sl1r; i Certificate a p .[or Un Decd/Mortgage Instrument Deed/Morigage'1'ax Slnnlp Recording/Filhlg Slangls d FEE 9 V R Mortgage Amul. 1'nge!Filing Pee D 9 r jor , — F; <i ?"s Ilnudling _ JCP G q g 1. Uasic'1'az _ ISM.. 3 2. SONYMA '1'1'-Slid — SOUTHOLD TMIviN NoUltion PLAWI. PJC BO. PD Sub'I'olnl — EA-5217 (Comely) Snb'1'otal 3. Spec/Add. EA-5217 (Stale) 'I'0'1'. MTG.'FAX — ILPA'.S.A. LI-2 ?c U� Dual Tolvn_Dual County— i , Reld for Apportionment Callon.,of Ed. 5_._011_ 4y e+� 4 Transfer Tax — Affidavit � Mansion'rax Certified Copy The properly covered by (ills mortgage is or will be Improved by a one or hvo Reg. Copy _ Sub Total family dwelling only. �. YES_ or NO_ Other GMNU TOTAL If NO,see approplinle lax clause an page 0 of this instrument. wow Rent Properly'I'az Service Agency Verification G Tllle Company Information atstnuc Dist Section Illock La( colr+Tv 1000 026 C0 f) 2L`0 039 A0 Alllll Company Name '11(le Number REE PAID BY: � Crash Check X Chlugc ESSEKS, HEFfER & ANGEL Payer same as It & 11 X P.O. BOX 279 RIVERHEAD, NEW YORK 11901 OR: ML I R<; RECORD & RETURN TO i (AIMMESS) 9 Suffolk- County Recording & Endorsement Page TION This page forms part of the attached RESTRDECLAICTIONSOF COVENANTS AND made by: (Deed, Mortgage, etc.) The premises herein is si(onted in SUFFOLK COUNTY, NEW YORK. WILLOW TERRACE FARMS, INC. TO In the TOWN of SOUTHOLD LI the VILLAGE or IIAMLET of N/A DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 1st day of September, 1994, by WILLOW TERRACE FARMS , INC. , a domestic corporation with offices located at Willow Terrace Lane, Orient, New York, hereinafter referred to as the "Declarant" ; WHEREAS , the Declarant is the owner of property in the Town of Southold, County of Suffolk, and State of New York, shown on "Map of Willow Terrace Farms, Inc. , " made by Young & Young, Land Surveyors , :dated August 24, 1993 , and last revised July 12, 1994, 1994, which property (hereinafter the "subject property" ) is particularly described in "Schedule All annexed hereto; and WHEREAS, the Declarant has heretofore applied to the Planning Board of the Town of Southold (hereinafter the "Planning Board" ) for permission to subdivide the subject property into four (4) parcels ; and WHEREAS , as a condition of granting approval for the aforesaid subdivision, the Planning Board has required the Declarant to subject the subject property to certain covenants; NOW, THEREFORE, it is hereby declared as follows : 1 . There shall be no future subdivision of any lot in the subdivision, in perpetuity. 2 . All stormwater runoff resulting from development and improvement of the subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not _ flow–int-o–Qrient Harboror-Majors Pond—. -- -1- 3 . Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Orient Harbor or the wetlands bordering Major' s Pond. 4 . Access over the proposed roads of the subdivision shall be granted to all lots contained in the "Map of Willow Terrace, Section One, " which was filed in the Office of the Suffolk County Clerk on November 28, 1969 as Filed Map No. 5407, as well as to each of the following parcels : Suffolk County Tax Mab Reputed Owner Parcel Number 1000-026-02-39 . 1 Nancy Douglass 1000-026-02-39 .2 Nancy R. Douglass 1000-026-02-39 . 7 Irwin D. Schorer and wife 1000-026-02-39 . 8 Nancy Douglass 1000-026-02-39 .9 Nancy Douglass 1000-026-02-39 . 11 Stuart Mager and wife 5 . The Declarant shall not, at any time hereafter, discontinue, annul , abridge, or affect the rights of the owners of any of the property described in Schedule "A" hereto and the Suffolk County Tax Map parcels set forth in the preceding paragraph to gain access to, use, and enjoy the premises designated as "Park and Playground" on the "Map of Willow Terrace, Section One, " which map was filed in the Office of the Suffolk County Clerk on November 28 , 1969 as Filed Map No. 5407, which rights were established by a certain Declaration of Declarant' s predecessurs- r'Cttle, Robert J. -2 - Douglass and Nancy R. Douglass, dated December 2 , 1969 and recorded in the Office of the Suffolk County Clerk at Liber 6668 of Conveyances, Page 347 (hereinafter the "1969 Declaration" ) . Notwithstanding the foregoing, the Declarant expressly reserves for itself, its successors and assigns, any other rights it may have pursuant to the 1969 Declaration, including, but not limited to, the right, at any time, and without the consent of any owner, mortgagee, or other lienor, and whether or not the Declarant owns any portion of the premises covered by the 1969 Declaration, to alter, modify, or annul, in whole or in part, any of the conditions, covenants, and restrictions set forth in the 1969 Declaration. 6 . The Declarant, its successors or assigns shall not be liable for a violation of any covenant set forth herein unless it shall be the owner of the subject property when the alleged violation of covenant occurs . 7 . The covenants set forth above shall run with the land and be binding upon the Declarant, its successors and assigns , and the Declarant, its successors and assigns, as well as the Town of Southold, shall have the right, at any time or times, to proceed at law or in equity against any person violating or attempting to violate any of the said covenants to prevent or abate such violation and to compel compliance with the terms hereof and to recover damages for any violation. Failure to enforce the said covenants in any particular instance shall not be deemed a waiver -3- of the right to do so as to any continuing, subsequent, or other violation. 8 . The covenants and restrictions set forth herein can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or of any successor to such Board, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN W] ,TNESS WHEREOF, the Declarant has caused this instrument to be executed as of the day and year first above written. WILLOW TERRACE FARMS, INC. i /'1 NANCY R. OUGLASS, ESIDENT STATE OF NEW YORK) ) :ss. COUNTY OF SUFFOLK) On this .;>T day of September, 1994, before me personally came Nancy R. Douglass, to me known, who, being by me duly sworn, did depose and say that she resides at Willow Terrace Lane, Orient, New York, that she is the President of Willow Terrace Farms, Inc. , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. NOTARY PUBLI.�!',% FLOYD F. R!?:G, 1R. Notary i'uc5- Sm• .ar 'i. Yoik No. 7267000, ....yolk Ccur.ty Tarm Expires Jarvr::ry :'I, t� _ 1916 -4- • SCHEDULE A LEGAL DESCRIPTION Title No.: 9408-02404 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING-AT ORIENT, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, KNOWN AND DESIGNATED AS AS THE PROPOSED "MAP OF WILLOW TERRACE FARMS" TO BE FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF KING STREET WHERE THE SAME IS INTERSECTED BY THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF SCHORER; SAID POINT BEING DISTANT 808.53 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF KING STREET FROM THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF WILLOW TERRACE LANE WITH THE SOUTHERLY SIDE OF KING STREET; .rte RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE SOUTHERLY SIDE OF KING STREET, SOUTH 80 DEGREES 47 MINUTES 30 SECONDS EAST 50.00 FEET TO A POINT; RUNNING THENCE THE FOLLOWING 29 COURSES AND DISTANCES: 1. SOUTH 9 DEGREES 12 MINUTES 30 SECONDS WEST 186.65 FEET; 2. SOUTH 80 DEGREES 47 MINUTES 30 SECONDS EAST 73.64 FEET; 3. SOUTH 20 DEGREES 07 MINUTES 20 SECONDS EAST 94.98 FEET; 4. NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 36.70 FEET; S. SOUTH 11 DEGREES 21 MINUTES 00 SECONDS EAST 141.20 FEET; 6. SOUTH 10 DEGREES 18 MINUTES 40 SECONDS EAST 171.38 FEET; 7. SOUTH 03 DEGREES 36 MINUTES 40 SECONDS WEST 180.20 FEET; S. SOUTH 63 DEGREES 00 MINUTES 50 SECONDS WEST 176.20 FEET; 9. SOUTH 27 DEGREES 17 MINUTES 20 SECONDS EAST 23.00 FEET; 10. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST 81.11 FEET; 11. SOUTH 01 DEGREES 38 MINUTES 10 SECONDS WEST 390.26 FEET; 12. NORTH 46 DEGREES 30 MINUTES 00 SECONDS WEST 67.14 FEET; 13. NORTH 01 DEGREES 38 MINUTES 10 SECONDS EAST 489.37 FEET; 14. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST-210.00- FEET; 15. NORTH 74 DEGREES 05 MINUTES 10 SECONDS WEST 134.61 FEET; 16. NORTH 10 DEGREES 19 MINUTES 00 SECONDS WEST 190.95 FEET; LGEONLY -LEGAL DESCRIPTION- 1 11695jDG2020 LEGAL DESCRIPTION (Continued) Title NO.: 9408-02404 17. SOUTH 88 DEGREES 21 MINUTES 50 SECONDS EAST 110.0 FEET; 18. NORTH O1 DEGREES 38 MINUTES 10 SECONDS EAST 150.0 FEET; 19. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST 150.0 FEET; 20. NORTH 64 DEGREES 26 MINUTES 30 SECONDS WEST 97.42 FEET; 21. NORTH 67 DEGREES 30 MINUTES 00 SECONDS EAST 25.83 FEET; 22. SOUTH 88 DEGREES 21 MINUTES 50 SECONDS EAST 174.17 FEET; 23. -NORTH O'tZt7DEGREES 17 MINUTES 10 SECONDS WEST 217.95 FEET; I 24. NORTH 81 DEGREES 17 MINUTES 50 SECONDS EAST 19.75 FEET; i 25. SOUTH 26 DEGREES 42 MINUTES 10 SECONDS EAST 120.0 FEET; 26. NORTH 89 DEGREES 03 MINUTES 00 SECONDS EAST 103.20 FEET; 27. SOUTH O1 DEGREES 43 MINUTES 20 SECONDS WEST 119.13 FEET; 28. SOUTH 88 DEGREES 16 MINUTES 40 SECONDS EAST 160.00 FEET; 29. NORTH 09 DEGREES 12 MINUTES 30 SECONDS EAST 306.08 FEET TO THE SOUTHERLY SIDE OF KING STREET, THE POINT OR PLACE OF BEGINNING. Lru - LEGAL DESCRIPTION (Continued) - 2 PLANNING BOARD MEMBERS '� aF Richard G. Ward, Chairman � �� + Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. J r > :' Southold, New York 11971 Mark S. McDonald 'J 1 Fax (516)765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD --ntornbe?�- 16, 1994 John M. Wagner Esseks, Hefter & Angel P.D. Box 279 Riverhead, New York 11901 RE: Proposed Major Subdivision Willow Terrace Farms, Inc. SCTM# 1000-26-2-39 . 1 Dear Mr . Wagner: Enclosed please find a copy of the September 8, 1994 , final inspection report for the above mentioned subdivision. Condition Number 3 of the August 22, 1994, conditional final approval will be met upon completion of the minor item addressed in the report. Please contact me if you have any questions regarding the above. Sincerely, � � Melissa ro Planner enc. 1 DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS DECLARANT: WILLOW TERRACE FARMS, INC. DATE OF DECLARATION: SEPTEMBER 1,. 1994 RECORD AND RETURN TO: CERTILMAN BALIN ADLER i HYMAN Attorneys for the Sponsor 90 Merrick Avenue East Meadow, New York 11554 Attn: Richard Herzbach, Esq. ♦ � 1 TABLE OF CONTENTS Page ARTICLE I. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION. . . . 3 Section 1. Properties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION. . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 1. Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2. Voting Rights. . . . . . . . . . . . . . . . . . . . . . 3 Section 3. Transfer of Membership. . . . . . . . . . . . . . . . . . 4 ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES. . . . . . . 4 Section 1. Members' Easements of Enjoyment. . . . . . . . . 4 Section 2. Title to common Properties. . . . . . . . . . . . . . 4 Section 3. Extent of Members' Easements. . . . . . . . . . . . 5 ARTICLE V. DEVELOPMENT OF WILLOW TERRACE FARMS. . . . . 6 Section 1. Willow Terrace Farms. . . . . . . . . . . . . . . . . . . . 6 Section 2. Easement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 3. Reservation of Easements. . . . . . . . . . . . . . . . 6 Section 4. Encroachments on Lots. . . . . . . . . . . . . . . . . . . 7 Section S. Easement for Emergency Access. . . . . . . . . . . 7 Section 6. Easement for Repair. . . . . . . . . . . . . . . . . . . . . 7 Section 7. Easement for Completion. . . . . . . . . . . . . . . . . 8 Section S. Future Easements. . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENT. . . . . 8 Section 1. Creation of the Lien and Personal obligation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 2 . Purpose of the Assessment. . . . . . . . . . . . . . . 8 Section 3. Common Expenses. . . . . . . . . . . . . . . . . 9 Section 4. Due Dates; Duties Of the Board of Directors. . . . . • • . . . . . . . . . . 9 Section S. Effect of Non-PaymentofAssessments; The Personal Obligation of the Home Owners; The Lien, Remedies of the Association. . . 10 ARTICLE VII. MAINTENANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLEVIII. INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 1. Common Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE I%. USE OF PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . 12 i. Pace ARTICLE S. DEVELOPER'S RIGHT TO CHANGE SITE PLAN. . . 14 Section 1. Right to change Site Plan. . . . . . . . . . . . . . . 14 Section 2. Procedure to change Site Plan. . . . . . . . . . . is —ARTICLE %I. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . is Section 1. Beneficiaries of Easements Rights and Privileges. . . . . . . . . . . . . . . . . . . . . is Section 2. Duration and Amendment. . . . . . . . . . . . . . . . . . 15 Section a. Disposition of Assets upon Dissolution of Association. . . . . . . . . . . . . . 16 Section 4. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section S. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 6. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 7. Special Rights of Declarant. . . . . . . . . . . . . 16 ii a iY • i. DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS Declaration made as of this 1st day of September , 1994 by Willow Terrace Farms, Inc. , a New York corporation with offices at 285 Alvahs Lane, Cutchogue, New York 11935, hereinafter referred to as "Developer" or "Declarant" . W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described in Article II of this Declaration and shown on the filed map of the Property which Declarant desires to develop as a residential community with various permanent open spaces and other common facilities for the benefit of said Community; and WHEREAS, Developer desires to provide for the preservation of the valueb and amenities in said Community and for the maintenance of the common roadways; and, to this end, desires to subject the real property described in Article II to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said Community and each Owner thereof; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said Community to create an agency to which should be . delegated and assigned the powers of maintaining and administering the Community property and improvements and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated Willow Terrace Farms Home Owners Association, Inc. under the Not-For-Profit Corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context_otherwise prohibits, have the meanings set forth below: 1 (a) "Association" shall mean and refer to Willow Terrace Farms Home Owners Association, Inc. , a New York Not-for-Profit corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer- to the-By-Laws governing the operation of the Association, the form of which is set forth in Exhibit B hereto. (d) "Common Expenses" shall mean and refer to those expenses (including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as "Assessment") . (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the residential lots as shown on the Filed Map of the Property in the Suffolk County Clerk's Office and including, without limitation the internal roadways. (f) "Declaration" shall mean and refer to this Declaration of Covenants, Restrictions, Easements, Charges and Liens, as the same may, from time to time, be amended. (g) "Developer" or "Declarant" shall mean and refer to Willow Terrace Farms, Inc. , a New York corporation and its successors and assigns, if such successors and assigns should acquire an undeveloped or developed but unsold portion of the Properties from the Developer for the purpose of development including, without limitation, any mortgagee which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Community" shall mean Willow Terrace Farms, a residential home development being constructed on The Properties which will consist of 4 Homes/Lots. (i) "Filed Map" shall mean and refer to the map for Willow Terrace Farms as filed in the Suffolk County Clerk's Office. (j) "Home" shall mean and refer to all units of residential housing situated upon the Lots on the 'Properties. (k) "Homeowner" or "Owner" shall mean and refer to the record owner of fee simple title to any Home or Lot, including the Developer with respect to any Unsold Home or Lot. Every Homeowner shall be treated for all purposes as a single owner for each Home or Lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, such collective ownership shall constitute one (1) Member. 2 (1) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for residential uses shown on the Filed Map of The Properties filed in the Suffolk County Clerks Office but shall not include the Common Areas. (m) "Member" shall mean and refer to each holder of a membership interest in the Association, as-such interest is set forth in Article III. Each Member shall be entitled to one (1) vote. (n) "Permitted Mortgage" shall mean and refer to any first mortgage covering a Home or Homes or a mortgage encumbering an Unsold Home then owned by Developer or its designee. (o) "Permitted Mortgagee" shall mean and refer to the holder of a Permitted Mortgage. (p) "The Properties" shall mean and refer to all such Properties described in Article II. (q) "Unsold Home" shall mean and refer to any Homes or Lots owned by the Developer and any successors or assigns, other than personal occupancy until such time as the same have been sold. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION Section 1. Properties. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of .land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A" annexed hereto. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. The Association shall have one class of membership interest. The Homeowner of a Home, Lot or Unsold Home on the Properties subject to this Declaration shall be a Member. Section 2. Voting Rights. Each Member is entitled to one vote irrespective of the number of Homes, Lots or Unsold Homes owned by a Member. When more than one person or entity holds such interest in the membership, the one vote attributable to such membership shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Member. For purposes of this section the word "Home" shall have the same meaning as _ "Lot" and therefore if _ ther_e_ _is no-Home constructed on a particular Lot in the Development, the Owner of 3 such Lot will still be considered a Member entitled to cast the one vote as set forth above. No Member shall split or divide its votes on any motion, resolution or ballot. The Developer shall have one (1) vote irrespective of the number of unsold Homes or Lots it owns. Section 3. Transfer of Membership. Membership in the - Association shall be appurtenant to, and may not be transferred, except in conjunction with the lawful sale or conveyance of a Home or Lot. No Owner shall be permitted to sell or convey his or her Home or Lot unless and until he or she shall have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board against such Home or Lot. Upon such sale or conveyance, the seller of such Home shall relinquish his or her membership in the Association and the purchaser of such Home shall automatically become a Member, subject to this Declaration, the By-Laws and the Rules and Regulations. ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES Section 1. Members' Easement of Enjoyment. Subject to the provisions of Section 3 , every Member and its permitted occupants of Homes, and their respective family members and guests shall have a right and easement of enjoyment in and to The Common Areas and such easement shall be appurtenant to and shall pass with the title to every Home. Except as otherwise specifically provided in this Declaration, the By-Laws or the rules and regulations promulgated by the Board, the Board may not impose any limitations upon the use and .enjoyment of the Common Areas by Members and the permitted occupants of Homes, and their respective family members. Except as otherwise specifically provided in this Declaration or in the By-Laws, the Board may not impose any fee for the use and enjoyment of the Common Areas by Members or permitted occupants of Homes and their respective family members, other than assessments against a Member's Home. Section 2. Title to Common Properties. Prior to conveyance of title to the first Home and/or Lot on the Properties, the Developer shall convey to the Association legal title to the Common Area subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Properties and the Association, its successors and assigns: In order to preserve and enhance the property values and amenities of the Development, the Common Areas and all facilities now or hereafter built or installed thereon, shall at all times be maintained in good repair and - --- condi-tion--and -shall be-operated in accordance with high standards. The maintenance and repair of the Common 4 Areas shall include, but not be limited to, maintenance, repair of damage and replacement to the internal roadways, snow removal of the internal roadways, and maintenance, repair and replacement of any drainage areas, drywells, catch basins and drain inlets located on or in the Common Area. This Section shall not be amended, as provided for in Article X, Section 2 , to reduce or eliminate the obligation for maintenance and repair of the Common Areas. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to promulgate rules and regulations for the use and enjoyment of the Common Areas; and (b) The right of the Association to dedicate or transfer all -or any part of the Common Areas, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members and their mortgagees entitled to cast eighty (80%) percent of the eligible votes has been recorded agreeing to such dedication, transfer, purpose or condition and unless written notice of the action is sent to every Member at least ninety (90) days in advance of any action taken; and (c) The right of the Developer and of the Association to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties, for the installation, maintenance and inspection of . lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities, and the right of the Developer to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties for the completion of the Developer's work under Section 1 of Article V; and (d) The terms of the By-Laws and any rules and III regulations promulgated by the Board of Directors regarding The Properties and Common Areas; and (e) The right of the Developer to use the Common Areas or to permit the Common Areas to be used by Developer's designee or any prospective purchaser of a Home or Lot or any tenants of Unsold Homes or Lots, without charge, in accordance with and subject to this Declaration, the . By-Laws and any rules and re�uTfions promulgated by the Board. In addition, 5 Developer shall have the right, at any time when there shall be any Unsold Homes or Lots, to use the Common Areas, without charge, for exhibitions or other promotional functions with respect to Developer's sales programs, in accordance with and subject to this Declaration, the By-Laws, and the rules and regulations. The- -provisions of Article IV, Section 3 may not be-amended without the written consent of the Developer or its successors and assigns. ARTICLE V. DEVELOPMENT OF WILLOW TERRACE FARMS Section 1. Willow Terrace Farms. Developer intends to build up to 4 detached Homes, roadways, and other improvements to the Common Areas on the parcel of land as described in Exhibit "A" consisting of a total of approximately 7. 9948 acres. Section 2 . Easement. Developer does hereby establish and create for the benefit of the Association and for all Home Owners from time to time of Homes/Lots subject to this Declaration and its permitted occupants of Homes and their respective family members and guests and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under, upon and across the streets and roads in The Properties (as shown on the Filed Map(s) and any changes as they may be built or relocated in the future) for all purposes; (ii) Rights to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable television lines sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of The Properties. Section 3. Reservation of Easements. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across The Properties, for the purpose of completing all construction and work under Section 1 above and towards this end reserves the right to grant rant and reserve easements and rights-of-way in, through, under, over, upon and across The Properties, for the installation maintenance aintenance and inspection o p f lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with maintain and make use of the utilitylines wires television � Pipes, conduits, cable ion lines sewe s and drainage- lines-which il. -- -. . ,_ _ .� _ _ may from time to time be in or alongthe streets and roads or other they a e r as of The 6 Properties. In addition, Developer and any Selling Agent retained by Developer reserves the right to continue to use The Properties and any sales offices, maintenance building, model Homes, Unsold Homes, signs, and parking spaces located on The Properties in its efforts to market Homes constructed on The Properties for so long as there are any Unsold Homes and/or Lots remaining in the Development. Developer further reserves the right to maintain upon the Properties such facilities as may be required, convenient or incidental for the completion of its work under Section 1 above including, without limitation, a business office, storage area, construction trailers, construction equipment and supplies, for so long as there are any Unsold Homes and/or Lots remaining in the Development. This Paragraph may not be amended without the written consent of Developer. section 4. Encroachments on Lots or Common Area. In the event that any portion of any roadway, walkway, parking area, driveway, patio, deck, water lines, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler system, fences, light standards, building or any other structure as originally constructed by Developer encroaches on any Home or Lot or the Common Areas, it shall be deemed that the Homeowner of such Home or Lot or the Association has granted a perpetual easement to the Homeowner of the adjoining Lot or the Association, as the case may be, for continuing maintenance and use of such encroaching roadway, walkway, driveway, patio, deck, parking area, water line, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler system, building or structure. The foregoing shall also apply to any replacements of any such roadway, walkway, driveway, patio, deck, parking area, water lines, electric and gas meters, sewer lines, drainage lines, utility lines, sprinkler system, building or structure if same are constructed in substantial conformance to the original. The encroachment for sewer lines, water lines and utility lines shall also apply to 'sewer and utility lines which may run under the Home or building and utility lines which run through the attic area of the Home or building. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. section 5. Easement for Emergency Access. Developer does hereby establish an easement of ingress and egress over the roadways and any other Common Areas in the Development for the benefit of all emergency vehicles and personnel including but not limited to police, fire, and medical purposes. Section 6. Easement for Repair. The Board, Managing Agent, if any, manager or employee of the Association and any other person authorized by any of the foregoing, shall have and the Common g g, Areas shall be subject to, an easement in, to and through the Common Areas or any portion thereof in favor of the foregoing persons,__ (a) to operate,_ maintain,_ repair, alter, rebuild, restore and replace any of the Common Areas, including, without limitation, 7 it the maintenance of any sign identifying the Association located at the entrance thereto and any advertising and/or directional signs and (b) to perform any of their respective duties in accordance with the By-Laws. Section 7. Easement for Completion. Each Member. hereby grants a right of access to his Home to Developer or its designee, and any contractors, subcontractors, agents, and employees of the foregoing for the purposes of the repair and completion of any installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change including, without limitation, the correction of any construction defects being performed or to be performed by or on behalf of Developer with respect to the Common Areas and/or the Homes. Section a. Future Easements. Developer shall retain the right, so long as there are any Unsold Homes or Lots on the Properties, to place any easements in, to or under The Properties which Developer shall deem necessary for the benefit of the Association and its Members. ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation. The Developer, for each Unsold Home and Lot then subject to the Declaration of Covenants, Restrictions, Easements, Charges and Liens owned by it within The Properties, hereby covenants and each Homeowner of any Home by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association such Common Expenses as are fixed by the Association's Board of Directors and assessed to the Home Owners as hereinafter provided. All sums assessed by the Association but unpaid, together with such interest thereon and the cost of collection thereof as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such Homeowner against which each such Common Expenses is made. Each such assessment, together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Homeowner of such property at the time when the Common Expenses fell due. Section 2 . Purpose of the Assessment. The Common Expenses levied by the Association shall be used exclusively for the purpose of promoting the recreation health safety and welfare of the residents in The Properties as a Development and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and of the Homes and Lots situated upon The Properties, including, without limiting the foregoingthe payment of taxes (if any) , insurance thereon, ani air, 8 I 4w � • replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. section 3. Common Expenses. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Homeowner prior to assessing the Homeowner's thereon. The Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the Board. The total annual requirements and any supplemental requirements shall be allocated between, assessed to, and paid by the Home Owners as follows: Each Homeowner shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Homes and Lots on The Properties subject to this Declaration. The Developer's obligation for such Common Expense on Unsold Homes or Lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Areas, and on Homes or Lots to which title has been conveyed and the Common Expense levied on Home Owners who have closed title on their Homes and Lots based on a full-occupancy budget. In no event, however, will the Developer be required to make a deficiency contribution in an amount greater than it . would otherwise be liable for if it were paying full assessments on Unsold Homes or Lots for the Unsold Homes or Lots then subject to the Declaration of Covenants and Restrictions. The amount of any deficiency shall not include uncollected maintenance charges from Home Owners. The sum due the Association from each individual Homeowner shall constitute a Common Expense of the Board of Directors and unpaid Common Expenses shall constitute liens on the individual Homes and the personal obligation of the Homeowner, subject to foreclosure as hereinafter provided. Section 4. Due Dates; Duties of the Board of Directors. All Common Expenses shall be payable quarterly or monthly in advance as ordered by the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Common Expenses against each Home and Lot and shall prepare a roster of the Homes and Common Expenses applicable thereto which shall be kept in the office of the Association and shall be open to inspection b an Homeowner.r Upon, the written re P Y Y _ __-_ - est of a Homeowner or a Permitted Mortgagee, the Board shall promptly 9 i, furnish such Homeowner or his Permitted Mortgagee with a written statement of the unpaid charges due from such Homeowner. Section 5. Effect of Non-Payment of Assessment, The Personal obligation of the Homeowner; The Lien, Remedies of the Association. If a Common Expense is not paid on the date when due, as fixed by the Board of Directors, then such Common Expense shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Homeowner's Home or Lot which shall bind such property in the hands of the Homeowner, his heirs, devisees, personal representatives and assigns. Such lien shall be prior to all other liens except: (a) tax or assessment liens on the Home and/or Lot by the taxing subdivision of any governmental authority, including but not limited to State, County, Village and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the Home or Lot. The personal obligation of the Homeowner who was the Homeowner of the Home or Lot when the Common Expense fell due to pay such Common Expense, however, 'shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. In the event any Homeowner fails to make payment of a Common Expense, the Homeowner who owns such Home or Lot shall be obligated to pay (a) a "late charge" of $. 04 for each $1. 00 of such amounts which remain unpaid for more than ten (10) days from their due date (although nothing herein shall be deemed to extend the period within which such amounts are to be paid) and (b) interest at the rate of 2% per month (but in no event in excess of the maximum rate permitted by .law) on such unpaid. amounts (less any "late charges" theretofore collected on such amounts) computed from the due date thereof, and (c) all expenses, including, without limitation, attorneys' fees paid or incurred by the Board or by any Managing Agent in any proceeding brought to collect such unpaid Common Expense or in an action to foreclose the lien on such Homeowner's Home arising from said unpaid Common Expense in the manner permitted by applicable law. All such "late charges" , interest and expenses shall be added to and shall constitute Common Expenses payable by such Homeowner. The Board (on behalf of the Home Owners) shall have the right to bring an action to foreclose a lien on a Homeowner's Home or Lot in the event such Homeowner is in default in the payment of Common Expenses. A suit to recover a money judgment for unpaid Common Expenses shall be maintainable, at the option of the Board, without foreclosing or waiving the lien securing such charges. In the event of a foreclosure sale of a Home or Lot by a Permitted Mortgagee or by the Board of its lien on any Home or Lot for unpaid Common Expenses, if the net proceeds of the foreclosure sale (after deduction of all legal fees, advertising costs, brokerage commissions and other costs and expenses incurred therewith) shall be insufficient for the payment of-such- unpaid—charges, or if a Home or Lot is acquired by a 10 mortgagee or purchaser in foreclosure, the owner of such Home or Lot prior to foreclosure sale shall remain liable for the payment of all unpaid Common Expenses which accrued prior to such sale. ARTICLE VII. MAINTENANCE _ . Section 1. Maintenance. The Association will be responsible for the maintenance, repair, replacement and snow removal of the internal roadways. Each Owner will be solely responsible for the maintenance, repair and replacement of all interior portions of the Owner's Home/Lot and snow removal of all walks located within the Owner's Lot or for the Owner's exclusive use. ARTICLE VIII. INSURANCE Section 1. Common Areas/Master Policy. (a) The Board shall be required to obtain and maintain, to the extent obtainable and to the extent determined by the Board to be appropriate, the following insurance: (i) workers' compensation and New York State disability benefits insurance for any employees; (ii) fidelity insurance covering all officers, Board members, directors and employees of the Association and of the managing agent or agents who handle funds of the Association; (iii) directors' and officers' errors and omissions insurance; and (iv) such other insurance as the Board may determine. The premiums for all insurance referred to above and for the liability insurance referred to below shall be a Common Expense and shall be borne equally by the Home Owners. (b) The Board shall also be required to obtain and maintain, to the extent obtainable, comprehensive general liability insurance against claims for personal injury, death or property damage occurring upon, in or about the Common Areas and in such limits as the Board may from time to time determine, covering (i) the Board, any managing agent appointed by the Board, each Board member and each Association Member and any lessee, occupant and family member. The Board shall also be required to obtain and maintain, on behalf of the Board, fidelity insurance covering the Board, the Managing Agent, if any, each Board member and each officer of the Association and each employee of the Association employed as such. (c) Members shall not be prohibited from carrying other insurance for their own benefit, at their own expense, and the Board shall not be prohibited from carrying additional insurance, provided that any such policies shall contain waivers of subrogation, and further provided that the liability of the carriers issuing insurance obtained by the Board shall not be affected or diished by reason of any such _additional insurance nymin _ _ carried by aem er. 11 a } ARTICLE IS. USE OF PROPERTY The use of a Home and/or Lot by a Member or other occupant shall be subject to the rules, regulations and provisions of this Declaration, the By-Laws and any rules and regulations of the Association as they may be added to or promulgated by the Board of Directors and the following covenants and restrictions: (a) The Home, Lot and area restricted to the Member's use shall be maintained in good repair and overall appearance. (b) Any Home Owner who mortgages or sells his Home or Lot shall immediately notify the Board of Directors providing the name and address of his mortgagee or new Homeowner. (c) The Board of Directors shall, at the request of the mortgagee of the Home, report any delinquent assessments due from the Owner of such Home or Lot. (d) No nuisances shall be allowed upon The Properties nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. (e) No improper, offensive or unlawful use shall be made of The Properties nor any part thereof, and all valid laws, zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. (f) Regulations promulgated by the Board of Directors concerning the use of The Properties shall be observed by the Members. (g) The Common Expenses shall be paid when due.. (h) No resident of the Community shall post any signs, advertisements or posters of any kind including "for sale" or "for rent" signs in or on the Common Area, except as authorized and approved by the Board of Directors. (i) No person shall park an automobile, boat, trailer, off-track vehicle, camper, bus, truck, snowmobile, limousine, boat storage or other commercial or recreational vehicles (collectively "Vehicles") or otherwise obstruct any resident's use of ingress or egress to any driveway, parking space nor may any Vehicle be parked on the internal roadway in designated parking areas. Any driveway in front of each Home is restricted in use to the owner of such Home. (j ) The Common Area shall nit be obstructed, littered, 12 defaced or misused in any manner. (k) Every Member shall be liable for any and all damage to the Common Area and the property of the Association, which shall be caused by said Member, its permitted occupants of Homes, their respective family members and guests and such other person for whose conduct the Member is legally responsible. — (1) Nothing shall be done or kept on the Association Property which will increase the rate of insurance of the Common Areas or contents thereof without the prior written consent of the Board. No Member shall permit anything to be done or kept on The Properties which will result in the cancellation of insurance on the Common Areas or which would be in violation of any law. (m) Developer shall have the right to display signs for promotional, sales, exhibit and administrative purposes upon any portion of the Common Areas or upon any Unsold Home or Lot until the last Unsold Home or Lot within The Properties is sold and conveyed. Developer shall have the right, the foregoing notwithstanding, to place permanent signs on Homes or Lots of its choice, at sites chosen by Developer. Developer shall also have the right to install fencing and walls on the Homes at perimeter sites chosen by Developer. No Home Owner (other than Developer) or tenant or other person on the premises shall remove, alter, change, interfere with or tamper with, in any way, said signs, walls or fences, which shall be maintained in good condition by the Association and its Board of Directors. The cost of such maintenance shall be treated as a Common Expense. (n) The Board shall have the power to make such rules and regulations as may be necessary to carry out the intent of these use restrictions, and shall have the right to bring lawsuits to enforce the rules and regulations promulgated by it. Upon receipt, by the President of the Board of Directors or by the Managing Agent, of a signed written complaint alleging violation of any of the By-Laws or Rules as herein established or hereafter established or adopted by the Board of Directors, the President of the Board, or in his absence, the Vice President together with' any two (2) members of the Board, without a formal meeting of the Board, shall make a determination as to the validity of the complaint. If in their determination the complaint is valid and justified the Managing Agent shall be directed to send written notice of such violation to the violator. If the violation is not corrected or eliminated within a period of three (3) days from the date of receipt of such notice; another notice will be sent_levying a !�50.00._fine _upon the violator. Such fine is to be considered as an additional common expense to the account 13 of the violator and shall be treated as such regarding late penalties and a lien upon the Property as elsewhere provided. If after imposition of a fine the violation is not corrected or eliminated, the Board of Directors may assess additional fines of $50. 00 each after serving written notice upon the violator as provided for above. If the violation results in loss of or damage to property classified as Common Area, the — Board of Directors shall direct the Managing Agent or the Board, if no Managing Agent, to have said loss or damage repaired or replaced, and the actual cost of said repair or replacement shall be assessed to said violator as an additional assessment. Any costs incurred by the Board of Directors to remedy or cure any violation of these By-Laws, the Rules or Regulations as herein or hereafter established, shall be an additional common expense charged to the violator in addition to the fifty dollar ($50. 00) fine(s) levied upon the violator. Fines may be levied against a Homeowner's tenant, and the Homeowner shall be jointly and severally liable with his tenant for the payment of same. In the event the Association institutes legal action for the collection of any fines, then the Defendant shall be responsible for payment of reasonable attorney's fees of the Association plus interest and costs of suit. The foregoing provisions shall not apply to Developer unless required: (a) to comply with applicable municipal laws or regulations, or (b) to remedy any notice of violation. In the event it becomes necessary for Developer to enforce any provisions of this Declaration, the By-Laws, Rules or Regulations, such Home Owner, tenant guest, or occupant will be required to reimburse Developer or the Board for any costs incurred in connection herewith, including attorneys fees. The Home Owner shall at all times be and remain responsible for his Tenant's actions or omissions. ARTICLE S. DEVELOPER'S RIGHT TO CHANGE SITE PLAN Section 1. Right to Change Site Plan. Developer reserves the right to make minor revisions of boundary lines and road lines from those shown on the site plan in ordbr to preserve the natural topography of all or any portion of The Properties and to adjust the size of the Lots to accommodate the improvements on all or any portion of The Properties now or hereafter constructed. The rights reserved to Developer hereunder shall include, but not be limited to, the right (i) of a reversion of title to insubstantial portions of the Common Areas to be conveyed to the Association for the purpose of adding such portions to one or more of the Lots; (ii) to change in an insubstantial manner, the location of Lets not yet -- conveyed by Declarant and the Common Areas and #tea—laoation of the 14 • improvements thereon; and (iii) to change in an insubstantial manner, the location of a road or roads. Section 2. Procedure to Change Site Plan. The Association hereby consents (and the deeds conveying the Common Areas to the Association shall similarly provide) that the Site Plan may be amended to effectuate any of the provisions contained in Section 1 above, without any-further covenants and that the Association will, — if requested, execute, acknowledge and deliver, without charge, a deed or deeds reconveying to Developer or to an Owner any land theretofore conveyed to the Association, so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. The deeds conveying the Homes to Home Owners may also provide that the site plan may be amended accordingly for the above purposes without any consent on their part being required, and that the acceptance of a deed shall be deemed a consent to such future amendment or amendments of the site plan, and that such Home Owners covenant that they will, nevertheless, if requested, execute, acknowledge and deliver, without charge, any written consent to such amerrdment or amendments of the site plan and further, if requested, execute, acknowledge and deliver without charge, a deed or deeds reconveying to Developer or the Association any land theretofore conveyed to the Home Owner so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. Irrespective of the foregoing, the recording by or on behalf of Developer of an amended site plan to delineate any or all of the changes provided for in this Article XIII shall be deemed a modification of any prior instruments whereby Developer conveyed title to any or all of the Common Areas to the Association. The provisions of Article XIII, Sections, 1 and .2 may not be amended without the written consent of the Developer, its successors or assigns. ARTICLE SI. GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Rights and Privileges. The easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Developer, the Association and the Owners of Homes and/or Lots and Unsold Homes on The Properties; and any Owner may also grant the benefit of such easement, license, right or privilege to his guests and their immediate families for the duration of their visits, subject in the case of the Common Areas to the rules and regulations of the Board of Directors, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. Section 2. Duration and Amendment. The covenants and restrictions of this Declaration shall_ run with, and bind the land, ani– aT�inure to the benefit of, and be enforceable by the 15 r ' Association, any Member, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, until December 31, 2060, unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by sixty six and two thirds (66-2/3) of the Members, then subject to the Declaration, has been recorded, agreeing - to change said covenants and restrictions in whole or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created with respect to the Properties by Section 2 of Article V shall be perpetual, run with the land, and shall survive any destruction, reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous written consent of all the Members. Unless specifically prohibited or different requirements are provided herein, this Declaration may be amended by an instrument signed by Members holding not less than 3 of the 4 membership interests': Any amendment must be properly recorded to be effective. Notwithstanding any provision contained herein to the contrary, no amendment, modification, addition or deletion of, to or from this Declaration, the By-Laws or any rules and regulations shall be effective in any way against Developer or its designee or any Unsold Home, as long as the Developer owns an Unsold Home on The Properties, unless Developer has given its prior written consent thereto. Developer hereby reserves the right to amend, modify, add to or delete from this Declaration at any time without the requirement of obtaining.the approval, consent or signature of the Board or any Members for the purpose of making any technical corrections or additions or any other changes that do not materially and adversely affect the Owners and their respective Permitted Mortgagees. Such amendment, modification, addition, or deletion of, to or from this Declaration, duly executed, in form for recording, shall be recorded by Declarant against the Property and theretofore subject to this Declaration. Section 3. Disposition of Assets Upon Dissolution of Association. Upon dissolution of the Association, its real and personal assets, including the Common Areas, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required__to be devoted by the Association. No such disposition of the Association _ 16 r, properties shall be effective to divest or diminish any right or title to any Member vested in him under the licenses, covenants and easements of this Declaration, or under any subsequently recorded covenants, deeds or other documents applicable to the Properties, except as may be otherwise provided in this Declaration or said covenants, deeds or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any. -rights - . thereunder on account of such disposition. section 4. Notices. Any notice required to be sent to any Member or Home Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, by certified mail return receipt requested, postpaid, to the last known address of the person who appears as Member or Home Owner on the records of the Association at the time of such mailing. Section 5. Administration. The administration of the Association shall be in accordance with the provisions of the Association By-Laws which are made a part of this Declaration and attached hereto as Exhibit "B" to the Declaration. Section 6. Severability. Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. Section 7. Special Rights of Declarant. Notwithstanding anything to the contrary contained herein so long as there are any Unsold Homes or Lots, Developer and any designee of Developer shall have the right, without requiring the consent of either the Association or any other Member(s) , and without charge or limitation, to: (a) have its employees, contractors, subcontractors and sales agents present on The Properties and on the Unsold Homes or Lots; (b) erect and maintain signs and other promotional materials (including, without limitation, "For Sale" , and "For Rent" signs) , in connection with the promotion, sale, leasing, management, or operation of the Unsold Homes or Lots; (c) use any one or more Homes or Unsold Homes or Lots as; (i) model homes, (ii) offices for the promotion, sale, rental, management and/or operation of the Unsold Homes or Lots, (iii) offices in connection with any installation, construction,- modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed, or to be performed, by, or on behalf of, Developer with respect to the Common Areas and/or the Homes or Unsold Homes or Lots; and/or (iv) for any other purpose; and (d) do and cause to be done all of the things that are necessary, desirable or appropriate (including, without limitation, the use of the Common Areas and the Unsold Homes or Lots) for the purpose of: (i) the promotion, sale, rental, management and/or operation of the Unsold Homes or Lots; (ii) the performance and completion� of 17 • ' installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed, or to be performed, by, or on behalf of, Developer with respect to the Common Areas and/or (iii) the exercise performance and discharge of Developer's other rights and obligations under this Declaration, the By-Laws or the rules and regulations. In no event, however, shall Developer or such designee be entitled to use any portion of the Common Areas in such- a manner as will unreasonably interfere with the use of the same or of any Home for its permitted purposes. The provisions of this Article XV Section 7 may not be amended without the written consent of the Developer, or its successors or assigns. WILLOW TERRACE FARMS, INC. By: N CY R. D GLASS, DIVesident 18 0 STATE OF NEW YORK) ) : ss . COUNTY OF SUFFOLK) On this 1ST, day of September, 1994, before me personally came Nancy R. Douglass, to me known, who, being by me duly sworn, did depose and say-that she resides at Willow .Terrace Lane, Orient, New York, that she is the President of Willow Terrace Farms, Inc. , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. NOTARY PUBLIC,;;, T fLOYD F. KING, JR. NotmY %blGC Syme of New York No. 7267800, Suffolk Caunty Smm [;xPiras Jo++uory 11,� 1 y 9s 19 EXHIBIT A • LEGAL DESCRIPTION T1Ue NO.: 9408-02404 - ' ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, ANDBEINGAT ORIENT, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, KNOWN AND DESIGNATED AS AS THE PROPOSED "MAP OF WILLOW TERRACE FARMS" TO BE FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF KING STREET WHERE THE SAME IS INTERSECTED BY THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF SCHORER; SAID POINT BEING DISTANT 808.53 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF KING STREET FROM THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF WILLOW TERRACE LANE WITH THE SOUTHERLY SIDE OF KING STREET; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE SOUTHERLY SIDE OF KING STREET, SOUTH 80 DEGREES 47 MINUTES 30 SECONDS EAST 50.00 FEET TO A POINT; RUNNING THENCE THE FOLLOWING 29 COURSES AND DISTANCES: 1. SOUTH 9 DEGREES 12 MINUTES 30 SECONDS WEST 186.65 FEET; 2. SOUTH 80 DEGREES 47 MINUTES 30 SECONDS EAST 73.64 FEET; 3. SOUTH 20 DEGREES 07 MINUTES 20 SECONDS EAST 94.98 FEET; 4. NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 36.70 FEET; S. SOUTH 11 DEGREES 21 MINUTES 00 SECONDS EAST 141.20 FEET; 6. SOUTH 10 DEGREES 18 MINUTES 40 SECONDS EAST 171.38 FEET; 7. SOUTH 03 DEGREES 36 MINUTES 40 SECONDS WEST 180.20 FEET; S. SOUTH 63 DEGREES 00 MINUTES 50 SECONDS WEST 176.20 FEET; 9. SOUTH 27 DEGREES 17 MINUTES 20 SECONDS EAST 23.00 FEET; 10. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST 81.11 FEET; 11. SOUTH 01 DEGREES 38 MINUTES 10 SECONDS WEST 390.26 FEET; 12. NORTH 46 DEGREES 30 MINUTES 00 SECONDS WEST 67.14 FEET; 13. NORTH 01 DEGREES 38 MINUTES 10 SECONDS EAST 489.37 FEET; 14. NORTH 88 -DEGREZS,_Z ' XNUTES 50 SECONDS WEST 210.00 FEET; 15. NORTH 74 DEGREES 05 MINUTES 10 SECONDS WEST 134.61 FEET; 16. NORTH 10 DEGREES 19 MINUTES 00 SECONDS WEST 190.95 FEET; i LG.ONLY -LEGAL DESCRIPTION- r, LEGAL DESCRIPTION (Continued) Tide NO.: 9408-02404 17. SOUTH 88 DEGREES 21 MINUTES 50 SECONDS EAST 110.0 FEET; 18. NORTH 01 DEGREES 38 MINUTES 10 SECONDS EAST 150.0 FEET; 19. NORTH 88 DEGREES 21 MINUTES 50 SECONDS WEST 150.0 FEET; 20. NORTH 64 DEGREES 26 MINUTES 30 SECONDS WEST 97.42 FEET; 21. NORTH 67 DEGREES 30 MINUTES 00 SECONDS EAST 25.83 FEET; 22. SOUTH 88 DEGREES 21 MINUTES 50 SECONDS EAST 174.17 FEET; 23. -NORTH 04,'DEGREES 17 MINUTES 10 SECONDS WEST 217.95 FEET; 24. NORTH 81 DEGREES 17 MINUTES 50 SECONDS EAST 19.75 FEET; 25. SOUTH 26 DEGREES 42 MINUTES 10 SECONDS EAST 120.0 FEET; 26. NORTH 89 DEGREES 03 MINUTES 00 SECONDS EAST 103.20 FEET; 27. SOUTH 01 DEGREES 43 MINUTES 20 SECONDS WEST 119.13 FEET; 28. SOUTH 88 DEGREES 16 MINUTES 40 SECONDS EAST 160.00 FEET; 29. NORTH 09 DEGREES 12 MINUTES 30 SECONDS EAST 306.08 FEET TO THE SOUTHERLY SIDE OF KING STREET, THE POINT OR PLACE OF BEGINNING. �� - LEGAL DESCRIPTION (Continued) - 2 EXHIBIT B - BY-LAWS OF WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. CERTILMAN BALIN ADLER i HYMAN Attorneys for the Sponsor 90 Merrick Avenue East Meadow, New York 11554 BY-LAWS OF WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. TABLE OF CONTENTS Page ARTICLE I. NAME1 LOCATION AND PRINCIPAL OFFICE. . . . . . 1 ARTICLE II. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III. PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV. APPLICABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE V. USE OF FACILITIES. . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS. . . . . . . . . . . . . 3 Section 1. Membership. . . . . . . . . . . . . . . . . . . . . . 3 Section 2. Transfer of Membership. . . . . . . . . . . . . . . . . . . 4 ARTICLE VII. QUORUM, PROXIES AND WAIVERS. . . . . . . . . . . . . . 4 Section 1. Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 2. Vote Required to Transact Business. . . . . . . 4 Section 3. Right to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4. Number of Votes. . . . . . . 4 Section5. Proxies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 6. Waiver and Consent. . . . . . . . . . . . . . . . . . . . . . . 4 Section 7. Place of Meetings. . . . . . . . . . . . . . . . . . . . . . . . 5 Section S. Annual Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 9. Special Meetings. . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 10. Notice of Meetings. . . . . . . . . . . . . . . . . . . . . . . 5 Section 11. order of Business. . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE VIII. BOARD OF DIRECTORS. . . . . . . . . . . . . . . . . . . . . . . 6 Section 1. Number and Term. . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 2. voting and Right of Sponsor to Designate Certain Board Members. . . . . . . 6 Section 3. vacancy and Replacement. . . . . . . . . . . . . . . . . . 6 Section 4. Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section S. Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section6. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section7. Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section S. Annual Statement. . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9. Fidelity Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . it i Page ARTICLE IX. OFFICERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 1. Elective Officers. . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section2. Election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 3. Appointive Officers. . . . . . . . . . . . . . . . . . . . . . . . li Section 4. Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section S. The President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 6. The Vice President. . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7 . The Secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section S. The Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section9. Agreements, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE X. NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 1. Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 2. service of Notice-Waiver. . . . . . . . . . . . . . . . . . . 13 ARTICLE XI. COMMON EXPENSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 1. Creation of the Lien and Personal Obligation of Common Expenses. . . . . . . . . . . . . . 13 Section 2. Purpose of Common Expenses. . . . . . . . . . . . . . . . . 13 Section 3. Basis of Common Expenses. . . . . . . . . . . . . . . . . . . 13 Section 4. Date of Commencement of Common Expenses DueDates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 5. Effect of Non-Payment of Common Expenses Remedies of the Association. . . . . . . . . . . . . . . . 13 Section 6. Subordination of Lien to Mortgage. . . . . . . . . . 13 Section 7. Checks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section S. Operating Account. . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 9. Other Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE SII INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section1. Common Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE XIII. AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XIV. SELLING, LEASING AND GIFTS OF HOMES. . . . . . . . 15 Section 1. Selling and Leasing Homes. . . . . . . . . . . . . . . . . . 15 Section 2. Gifts, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XV INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . 16 Section 1. Indemnification to Officers and Directors. . 16 Section 2. Indemnification to Employees or Agents. . . . . 16 Section 3. Indemnification to Others. . . . . . . . . . . . . . . . . . 17 Section 4. Other Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE XVI. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . 17 section 1. Fiscal Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 2. Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 3. Examination of Books and Records. . . . . . . . . . . 17 Section 4. Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 5, —Severabi1rty .-. . .-- . :. -: :. .-. .. . . .- 18 ii BY-LAWS OF WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. — A New York Not-for-Profit Corporation ARTICLE I. NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Willow Terrace Farms Home Owners Association, Inca hereinafter referred to as the "Association" . The principal office of the Association shall be located at Town of Southold, County of Suffolk and State of New York. ARTICLE II. DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Willow Terrace Farms Home Owners Association, Inc. , a New York Not-for-Profit Corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to these By-Laws which govern the operation of the Association. (d) "Common Expense" shall mean and refer to those expenses (including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as ("Assessment") . (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the residential lots as shown on the Filed Map of The Property filed in the Suffolk County Clerk's Office and including without limitation, all internal roadways. (f) "Declaration" shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens applicable to The Properties recorded among the land records in the Clerk of the County of Suffolk, New York as the same may, from time to time be amended. - (g) "Developer" shall mean and refer to Willow-.T-ernre-ee Farms, Inc. , a New York corporation, and its successors and assigns, if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development, including without limitation, any mortgagee which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Community" shall mean Willow Terrace Farms, a residential home development being constructed on The Properties, which will consist of 4 Homes/Lots. (i) "Filed Map" shall mean and refer to the map for Willow Terrace Farms as filed in the Suffolk County Clerk's Office. (j ) "Home" shall mean and refer to all units of residential housing situated upon the Lots located on The Properties. (k) "Home Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Home or Lot, including the Developer with respect to any Unsold Home or Lot. Every Homeowner shall be treated for all purposes as a single owner for each Home or_ Lot held, irrespective of whether such ownership is joint, in common or'tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety such collective ownership shall constitute one (1) Member. (1) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for residential uses as shown on the Filed Map filed in the Suffolk County Clerk's Office. (m) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. Each Member shall be entitled to one (1) vote. (n) "Permitted Mortgage" shall mean and refer to any first mortgage covering a Home or Homes or a mortgage encumbering an Unsold Home then owned by Developer or its designee. (o) "Permitted Mortgagee" shall mean and refer to the holder of a Permitted Mortgage. (p) "The Properties" shall mean and refer to all those such Properties described in Article II. (q) "Statue" shall mean and refer the New York Not-for-Profit Corporation Law. (r) "Unsold Home" shall mean and refer to any Homes or Lots owned by the Developer and any successors or assigns, until such time as the same have been sold for use, other than personal occupancy of the Developer and any of its successors or assigns. — 2 t ARTICLE III. PURPOSE This Association is formed to own, operate and maintain the Common Areas for the benefit of the Members of the Association. ARTICLE IV. APPLICABILITY All present and future Members, their-family members, lessees, occupants and guests shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V. USE OF FACILITIES The Common Areas shall be limited to the use by the Home Owners, their family members, their lessees, occupants and their guests. In the event that a Home Owner shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the option of the Home Owner, be permitted to enjoy the use of the common Areas in lieu of and subject to the same restrictions and limitations as said Home Owner. Developer shall have the right, on an equal basis with other Home Owners to use all or any of the Common Areas or permit all or any of the Common Areas to be used by Developer's designee or any prospective purchaser of a Home or Lot or any tenants of Unsold Homes, without charge, in accordance with and subject to these By- Laws and any rules and regulations promulgated by the Board. In addition, Developer shall have the right, until all Unsold.Homes or Lots are sold, to use all or any of the Common Areas without charge, for exhibitions or other promotional functions with respect to Developer's sales programs. This provision regarding Developer may not be amended without the written consent of the Developer. ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS section 1. Membership. The Association shall have one class of membership interest as follows: The Owner of a Home, Lot or Unsold Home on The Properties then subject to the Declaration shall be a Member of the Association whether such Home is a townhouse or any other type of residential dwelling unit and whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote irrespective of the number of Homes, Lots or Unsold Homes owned by a Member. When more than one person or entity holds such interest in such membership, the one vote attributable to such Member shall be exercised as such persons mutually determine but not more than be cast with respect to any such Member. -- 3 Section 2 . Transfer of Membership. Membership in the Association shall be appurtenant to, and may not be transferred except in conjunction with the lawful sale or conveyance of, a Home or Lot. No Owner shall be permitted to sell or convey his or her Home or Lot unless and until he or she shall have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board against such Home or Lot. Upon such sale or conveyance, the seller of such Home or Lot shall relinquish his or her membership in the Association and the purchaser of such Home or Lot shall automatically become a Member, subject to this Declaration, the By-Laws and the rules and regulations. ARTICLE VII. QUORUM, PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent at least 75% of all Members whose Homes or Lots are then subject to the Declaration present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express. provisions shall govern and control the decision of such question. Section 3. Right to vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. Number of Votes. Each Member shall be entitled to one (1) vote irrespective of the number of Homes or Lots owned by such Member. Section 5. Proxies. All proxies shall be in writing signed by the owner, and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 6. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statute or by ----any-provision-of-the Declaration, Certificate of Incorporation or 4 by these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 7. Place of Meetings. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 8. Annual Meetings. The first annual meeting of the membership of the Association shall be held within six (6) months of the closing of the first home. In addition, a meeting of the membership shall be called and duly held within thirty (30) days after the Developer is obligated to relinquish control of the Board of Directors pursuant to Article VIII Section 2 hereof. Thereafter the annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors but at least on an annual basis. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business as may properly come before the meeting. Section 9. Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. Section 10. Notice of Meetings. It shall bethe duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten but not more than thirty days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 11. Order of Business. The order of business at all meetings shall be as follows: (a) Roll call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business 5 ARTICLE VIII. BOARD OF DIRECTORS Section 1. Number and term. The number of Directors which shall constitute the whole Board shall be three (3) Directors. The initial Board consisting of three (3) Directors shall be designated by the Developer to serve until the first annual meeting of the Association. At the first annual meeting and at all subsequent annual meetings the Members shall vote for and elect three (3) Directors to serve for one (1) year terms and until their successors have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's Home. As required by law, each Director shall be at least nineteen years of age. In no event shall any Member be eligible for election to the Board if such Member is then in default, beyond any applicable grace period, in the payment of Common Expenses or any other amounts required by the Board to be paid. - Section 2 . Voting and Right of Developer to Designate Certain Board Members. In an election of Directors, each Member who is eligible to vote shall be entitled to one (1) vote. The Developer shall have the right to designate two (2) Directors, or a majority of the total Directors, until the fifth anniversary date of the conveyance of the first Home or Lot or until 73% of the Homes or Lots in the Development have been conveyed, whichever is sooner. Thereafter, the Developer shall have the right to designate one (1) Director for so long as it owns one Unsold Home or Lot. When the Developer no longer owns any Unsold Homes or Lots in the Development it may not designate any Directors. The Developer may not cast its votes to elect any Directors in addition to the designated Directors set forth above. The provisions of Article VIII Sections 1 and 2 may . not be amended without the written consent of the Developer. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining Directors, though less than a quorum, at a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Developer resigns, the Developer shall have the sole right to appoint another Director in his place. Section 4. Removal. Directors (other than Developer's designated members) may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the-Deve-l-oper, shall-continue-to-serve on-the Board if, during his 6 term of office, he shall cease to be a Member or no longer reside in the Member's Home as part of the immediate family. In the event a Sponsor designee is removed for cause, the Sponsor shall have the sole right to designate a replacement. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the Members or Homeowners personally. These powers shall specifically include, but not be limited to the following items: 1. To determine and levy monthly assessments ("Common Expenses") to cover the cost of operating and maintaining the Common Areas and other maintenance requirements of the Association payable in advance. The Board of Directors may increase the monthly Common Expenses or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses. 2 . To collect, use and expend the Common Expenses collected to maintain, care for and preserve the Common Areas on The Properties and other maintenance requirements of the Association. 3 . To make repairs, restore or alter the Common Areas after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. 4 . To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. To collect delinquent Common Expenses by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend the same from time to time. ' Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may without limiting the foregoing, include reasonable limitations on the use of the Common Areas by guests of the Members as well as reasonable admission and other fees for such use. 7 7 . To impose fines or penalties upon any Member who violates the Declaration its rules and regulations or By-Laws as per Article IX (n) of the Declaration. S. To employ workers, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance, refuse removal and other services, and generally to have the power of Directors in connection with the-matters hereinabove set forth. 9 . To bring and defend actions by or against one or more Members, any of their occupants and/or lessees pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. Notwithstanding said rights, pursuant to Article VIII, Section 5 (c) of these By-Laws, so long as the Developer shall continue to own one (1) or more unsold Home or Lot, the Board of Directors may not utilize Association funds or assess the Developer for any lawsuit by the Association against the Sponsor or any of its principals. 10. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. li. To execute, acknowledge and deliver (i) any declaration or other instrument affecting The Properties, which the Board deems necessary or appropriate to comply with any law, ordinance, regulation, zoning resolution or requirement of any public authority, applicable to the occupancy, maintenance, demolition, construction, alteration, repair or restoration of The Properties (ii) any consent, covenant, restriction, easement or declaration, or any amendment thereto, affecting The Properties which the Board deems necessary or appropriate. 12 . To obtain and review insurance for the Association. 13 . To determine which vehicles on the premises are unsightly, inoperable or abandoned. 14. To establish a Reserve Fund which fund shall be used strictly and solely for capital expenditures. The funding of the Reserve Fund will not commence until the items for which it is to be utilized are complete. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, in addition to any committee required by these By-Laws, each of such committees to consist of at least three (3) Members, one of whom shall be a Director, which, to the extent provided in said -resolutricn-or—r-esalutions-,- shall-have-and-maw-exercise-the 8 powers of the Board of Directors in the management of the business and affairs of the Association and may have power to sign all papers which may be required, provided the said resolution or resolutions shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. — (c) Notwithstanding anything to the contrary contained in these By-Laws so long as the Developer shall continue to own one (1) or more Unsold Homes or Lots, the Board of Directors may not, without the Developer's prior written consent (i) make any addition, alteration or improvement to the Common Areas, or (ii) assess any Common Expense for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund or, (iii) charge any special assessment for a non-budgeted item unless required by law, emergency, municipal agency or for the health and safety of the Association and its Members, (iv) hire any additional employees or enter into any service or maintenance contract for work not covered by contracts in existence on the date of the closing of the first Home or Lot or, (v) borrow money or otherwise create a security interest on behalf of the Association or on any portion of the Association property or, (vi) increase or decrease the services or maintenance of the Association as set forth in the proposed first year budget of the Association, the Declaration of Covenants and Restrictions or the By-Laws or otherwise provide services in excess of those contemplated by the proposed first year budget or elsewhere in the offering Plan or any amendments thereto, or, (vii) purchase any. materials, equipment or other goods costing in excess of $1, 000 or, (viii) increase the maintenance charges of the Association more than ten (10%) percent from the prior year's budget, unless required by law, emergency, municipal agency, the health and safety of the Association and its Members or if documentation is provided to the Developer in the nature of a financial statement, bids from contractors or verified increases in utility rates evidencing the need for an increase greater than ten (10%) percent or, (ix) utilize Association funds or assess the Developer to commence a lawsuit against the Developer or any of its principals. In addition, so long as there are any Unsold Homes or Lots in the development the Board and the Homeowners shall not take any action that will interfere, impair or adversely affect the rights of the Developer to sell and construct any Unsold Homes or Lots. Developer shall not use its veto power or control of the Board of Directors to reduce the level of services described in the Offering Plan or any amendments thereto or prevent required capital repairs or prevent expenditures required to comply with applicable laws or regulations. While Developer is in control of the Board of Directors, no mortgage liens will be placed on the Common Areas without the consent of at - Leas ilA-af—thaHomeowners-other-than-the Directors or Developers' 9 nominees. This subparagraph (c) may not be amended without the written consent of the Developer. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. -(a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President on two (2) days notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2) Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statute or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. (f) Members of the Board may participate in a meeting by means of a conference telephone call or similar communications equipment by means of which all persons participating in such meeting can hear each other and such participation shall constitute presence at such meeting. 10 Section S. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent certified public accountant or a public accountant and a statement regarding any taxable income attributable to the Members and a notice of the -holding of the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association (except Developer or Developer's representatives) handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be a Common Expense of the Association. ARTICLE I%. OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board and shall consist of a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors or Members of the Association. Two or more offices may be held by the same person. Section 2 . Election. The Board of Directors, at its first meeting after each annual meeting of Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers. The Board may appoint such other officers and agents as it shall deem -necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. 11 Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer, and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. 12 Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE X. NOTICES Section 1. Definitions. Whenever under the provisions of the Declaration or of these By-Laws, notice is rewired to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board of Directors, such Director, or Member, at such address as appears on the books of the Association. Section 2. Service of Notice Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE ,XI. COMMON EXPENSES Section 1. Creation of the Lien and Personal Obligation of Assessments. The creation of the lien and personal obligation of Common Expenses is governed by Section 1 of Article VI of the Declaration. Section 2. Purpose. of Common Expenses. The purpose of Common Expenses is as specified in Section 2 of Article VI of the Declaration. Section 3 . Basis of Common Expenses. The basis of the Common Expenses is as specified in Section 3 of Article VI of the Declaration. Section 4. Date of Commencement of Common Expenses: Due Dates. The date of commencement and the due dates of Common Expenses are as specified in Section 4 of Article VI of the Declaration. Section S. Effect of Non-Payment of Common Expenses: Remedies of the Association. The effect of non-payment of Common Expenses and the remedies of the Association shall be as specified in Section 5 of Article VI of the Declaration. Section S. Subordination of Lien to Mortgages. The lien of the assessments provided for herein shall be subordinated pursuant to the provisions of Section 5 of Article VI of the Declaration. 13 Section 7. Checks. All checks or demands for money and notes of the Association shall be signed by the President and Treasurer, or by such other officer or officers or such other person or persons as the Board of Directors may from time to time designate. Section 8. Operating Account. There shall be establighed and maintained a cash deposit account to be known as the "Operating Account" into which shall be deposited the operating portion of all monthly and special Common Expenses as fixed and determined for all Members. Disbursements from said account shall be for the general needs of the operation including, but not limited to, wages, repairs, betterments, maintenance and other operating expenses of the community. Section 9. Other Accounts. The Board shall maintain any other accounts it shall deem necessary to carry out its purposes. ARTICLE %II. INSURANCE Section 1. Common Areas. (a) The Board shall be required to obtain and maintain, to the extent obtainable and to the extent determined by the Board to be appropriate, the following insurance: (i) fire insurance with all risk extended coverage, vandalism and malicious mischief endorsements, insuring the insurable parties of the Common Areas, together with all service machinery contained therein and covering the interests of the Association, the Board and all Members, as their respective interests may appear, in an amount equal to the full replacement value of all Common Areas and appurtenances thereto (exclusive of any foundation and footings, if any) , without deduction for depreciation; (ii) . workers' compensation and New York State disability benefits insurance for any employees; (iii) fidelity insurance covering all officers, Board members, directors and employees of the Association and of the managing agent or agents who handle funds of the Association; (iv) directors' and officers' errors and omissions insurance; and (v) such other insurance as the Board may determine. The premiums for all insurance referred to above and for the liability insurance referred to below shall be a Common Expense and shall be borne equally by the Members. (b) The Board shall also be required to obtain and maintain, to the extent obtainable, comprehensive general liability insurance against claims for personal injury, death or property damage occurring upon, in or about the Common Areas and in such limits as the Board may from time to time determine, covering (i) the Board, any managing agent appointed by the Board, each Board Member and each Association Member and any lessee, occupant and family member. The Board shall also be required to obtain and maintain, on behalf of the Board, fidelity insurance covering the Board, the Managing Agent, if any, each Board member and each officer of the Assosa�and each employee of the AssocIati-on-emp-1-oyed-as-such.------- 14 (c) Members shall not be prohibited�� from carrying other insurance for their own benefit, at their own expenses, and the Board shall not be prohibited from carrying additional insurance, provided that any such policies shall contain waivers of subrogation, and further provided that the liability of the carriers issuing insurance obtained by the Board shall not be affected or diminished by reason of any such additional insurance carried by any Member. ARTICLE XIII. AMENDMENTS Except as otherwise provided, these By-Laws may be altered, amended or added to at any duly called meeting of Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least 3 of the 4 of the total Members whose Homes or Lots are then subject to the Declaration. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Home. Nor shall any amendment have the effect of infringing upon the Developer's right to build and make membership in or use of the Association available to purchasers or lessees of no more than 4 Homes or Lots on the Properties. ARTICLE XIV. SELLING, LEASING AND GIFTS OF HOMES Section 1. Selling and Leasing Homes. Any Home or Lot may be conveyed or leased by a Member free of any restrictions except that, no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Home or Lot unless and until all violations against the Home or Lot are removed and all unpaid Common Expenses assessed against the Home or Lot shall have been paid as directed by the Board of Directors. Such unpaid Common Expenses, however, may be paid out of the proceeds from the sale of a Home, or by the Grantee. Any sale or lease of a Home in violation of this section or the applicable Article of the Declaration shall be voidable at the election of the Board of Directors. Upon the written request of a Member or his mortgagee, the Board or its designee shall furnish a written statement of the status of any violation and the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this Section as they apply to unpaid Common Expenses shall not apply to the acquisition of a Home or Lot by a mortgagee who shall acquire title to such Home or Lot by foreclosure or by deed in lieu of foreclosure. In such event the --unpaid Common Expenses against the Home or Lot which were assessed_— 15 and became due prior to the acquisition of title to such Home or Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other Members of the Association as a Common Expense. Such provisions shall, however, apply to any Common Expenses which are assessed and become due after the acquisition of title to such Home or Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Home" or "Lot" is referred to in this Section, it shall include the Home, the Lot, the Member's interest in the Association and the Member's interest in any Homes or Lots acquired by the Association. Section 2 . Gifts, etc. Any Member may convey or transfer his Home or Lot by gift during his lifetime or devise his Home or Lot by will or pass the same by intestacy without restriction. ARTICLE %V INDEMNIFICATION Section 1. Indemnification to officers and Directors. To the fullest extent allowed by law, the Association shall indemnify any person, made a party to an action by or in the right of the Association to procure a judgment in its favor by reason of the fact that he, his testator or, intestate, is or was or has agreed to become a Director or Officer of the Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection with the defense of such action, or in connection with an appeal therein, except in relation to matters as to which such Director or Officer is adjudged to have breached his duty to the Association, as such duty is defined in Section 717 of the Not-For-Profit Corporation Law. To the extent allowed by law, the Association shall also indemnify any person, made, or threatened to be made, a party to an action or proceeding other than one by or in the right of the Association to procure a judgment in its favor, whether civil or criminal, including an action by or in the right of any other corporation, domestic or foreign, which he served in any capacity at the request of the Association by reason of the fact that he, his testator or intestate was a Director or Officer of the Association or served it in any capacity against judgment, fines, amounts paid in settlement, and reasonable attorneys' fees actually and necessarily incurred as a result of such action or proceeding, or any appeal therein, if such Director or Officer acted, in good faith, for a purpose which he reasonably believed to be in the best interests of the Association and, in criminal actions or proceedings, in addition, had no reasonable cause to believe that his conduct was unlawful. Section 2 . Indemnification to Employees and Agents. The Association may, to the extent authorized from time to time by the Board or by-a-comm}ttree, comprised of members of the-$oar-d;-pr-ovide----- — - 16 indemnification to employees or agents of the Association who are not Officers or Directors of the Association with such scope and effect as determined by the Board, or such committee. Section 3. Indemnification to Others. The Association may indemnify any person to whom the Association is permitted by applicable law to provide indemnification or the advancement of expenses, whether pursuant to rights granted pursuant to, or - provided by, the New York Not-For-Profit Corporation Law or- other rights created by (i) a resolution of the Members, (ii) a resolution of Directors, or (iii) an agreement providing for such indemnification, it being expressly intended that these By-Laws authorize the creation of other rights in any such manner. Section 4. Other Rights. The right to be indemnified and to the reimbursement or advancement of expenses incurred in defending a proceeding in advance of its final disposition authorized by this Article XV shall not be exclusive of nor limit any other right which any person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, By-Laws, agreement, vote of Members or disinterested Directors or otherwise. Nothing contained in this provision shall limit any right to indemnification to which any Director or any Officer may be entitled to contract or under any law now or hereinafter enacted. ARTICLE XVI. GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors and unless otherwise specified shall be based on the calendar year. Section 2 . Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination of Books and Records. Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time during normal business hours upon reasonable notice to its Board of Directors. The Declaration, Certification of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4. Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context- so requires. 17 f 11695PG203 0 In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. Section S. Severability. Should any of the covenants, terms or provisions herein imposed be or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. 18 �3 f•`' : RAYMOND L J A C O B S C i e :4❑ .n. SUP ER IVTE.`lD E7 T. p✓ , L:G:V EE7IVG INSPECTOR 3OUTHOLD TCT! HIGHWAY JE?Ad7AEN. FaX (516)-765-150 -- 1� (-`1e)-765-30'0 O F F I C E O F TH£ £N G I N££R TOWN OP SO�STHOLD SEPTEMBER 8 , 1994 Mr . Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane , P.O. Box 178 Peconic , New York 11958 Re : WILLOW TERRACE FARMS - Orient SCTM # 1000 - 26 - 02 - 39 . 10 Dear Ray : I have been requested by the planning board to make a final inspection for the above referenced subdivision . The road construction has been completed and meets or exceeds the minimum construction requirements that were approved for this project with one exception . The only item that needs further attention is the shoulder areas . The topsoil that has been pushed up along the edge of the pavement should be graded or removed to allow the surface water run-off to enter the grassed shoulder areas . Enclosed you will find copies of my inspection reports for your review. If you have any questions , please contact my office . cerelU xc., James A . Richter , R .A . ENC: cc : Richard G . Ward (Chairman - Planning Board ) a � U1 j3 7i ?;tgyr 90L�%9 r /PLCA-WIMC�WM L . J ACDB S :l ti -TAM£S A . R I CHT£R , R . A . SL?E2IaTEWEYT. ENGINEEIING INSPECTOR HOLD TCWN HIGHWAY DEPARTAENT 0� Faz (1161-7dJ-t7.0 O �01a ��'O (SI6)-76°-7070 O F F I C E O F THE E NG I N F E R 1'OMN OP SO�ITHOLD INSPECTION REPORT AUGUST 26 , 1994 PROJECT: WHILLOW TERRACE , ORIENT SUNNY, BREEZY 75-80 DEGREES SCTM # 1000 - 26 - 02 - 39. 10 REPORT # 1 CONTRACTOR: CORAZZINI ASPHALT PROJECT FOREMAN: RICHARD CORAZZINI AVERAGE FIELD FORCE: CORAZZINI ASPHALT - SIX ( 6 ) MEN ON SITE EQUIPMENT AT THE SITE: ONE ( 1 ) GRADER - ONE ( 1 ) ROLLER - ONE ( 1 ) ASPHALT SPREADER - THREE ( 3 ) DUMP TRUCKS VISITORS: NANCY DORMEDY - ( +/- ) 10 : 30 AM ROD DOUGLAS - 9 : 30 AM to 2 : 00 PM CONSTRUCTION ACTIVITIES: 9 : 30 AM - RICHARD CORAZZINI ON SITE FINE GRADING ROAD TO SIXTEEN ( 16 ) FEET WIDE . THE EXISTING SUB-BASE CONSISTING OF FINE STONE , SHELLS AND OTHER HARD POROUS MATERIAL IS CONSIDERED TO BE A SUITABLE BASE FOR THE ASPHALT SURFACE. * THE EXISTING CUL-DE-SAC AT THE SOUTHERLY END OF THE SITE HAS BEEN CLEARED AND GRUBBED OF THE OVERGROWN VEGETATION. THE EXISTING DRAINAGE AT THIS LOCATION HAS BEEN CLEARED OF ALL BRUSH AND SILT DEBRIS THAT HAS ACCUMULATED OVER THE YEARS . THE EXISTING DRAINAGE WILL BE ADEQUATE TO HANDLE THE RUNOFF IN THIS AREA. THE CUL-DE-SAC AREA HAS BEEN TREATED WITH A HERBICIDE PRIOR TO THE PLACEMENT OF ASPHALT. * THE PLACEMENT OF ASPHALT BEGAN AT APPROXIMATELY 11 : 30 AM. PAGE : 1 of 1 Jro i y /.AWMIC�24M LJACOBS JAM£5 A _ RICHTER , SUPERINTEDENT. TGRN BIGiWAY DEPARTMENT ENGINEERING INSPECTOR .1]� Fax (516)-765-1750 9c_ 1 > [ 1�� (516)-765-3070 O F F I C E O F THE £NG I NE£R TOMN OP BO�l'S'HOLD I NSPECT I ON REPOR-r AUGUST 30, 1994 PROJECT: WILLOW TERRACE ORIENT SUNNY, LIGHT WIND 75-80 DEGREES SCTM # : 1000 - 26 - 02 - 39 . 10 _ REPORT # 2 CONTRACTOR: CORAZZINI ASPHALT PROJECT FOREMAN: RICHARD CORAZZINI AVERAGE FIELD FORCE: CORAZZINI ASPHALT - FIVE ( 5 ) MEN ON SITE EQUIPMENT AT THE SITE• ONE ( 1 ) ROLLER - ONE ( 1 ) ASPHALT SPREADER - THREE ( 3 ) DUMP TRUCKS - ONE ( 1 ) EQUIPMENT TRUCK VISITORS: ROD DOUGLAS - ALL DAY CONSTRUCTION ACTIVITIES • 9 : 30 AM - RICHARD CORAZZINI AND CREW ON SITE PLACING ASPHALT ON THE SUB-BASE . SIXTEEN ( 16 ) FEET WIDE BY ( 2-1/2" ) TWO AND ONE HALF INCHES THICK. * THE SHOULDERS STILL REQUIRE MINOR GRADING TO ALLOW THE RUNOFF FROM THE PAVEMENT TO ENTER THE GRASSED SHOULDER AREAS . * THE PLACEMENT OF ASPHALT HAS BEEN COMPLETED IN A SATISFACTORY MANNER. PAGE : 1 of 1 T �ej RAYMOND L . J ACOB 5 � :'� J AME S A . R I CHTE R , R . A . SUPERINT€NDENT. may. • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT D - Fax (516)-765-1750 n (516)-765-30'.0 O F F I C E O F TH£ ENG I N££R TOWN OP 60V MOLD SEPTEMBER 8, 1994 Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane , P.O. Box 178 Peconic, New York 11958 Re: WILLOW TERRACE FARMS - Orient SCTM # 1000 - 26 - 02 - 39 . 10 Dear Ray: I have been requested by the planning board to make a final inspection for the above referenced subdivision . The road construction has been completed and meets or exceeds the minimum construction requirements that were approved for this project with one exception . The only item that needs further attention is the shoulder areas . The topsoil that has been pushed up along the edge of the pavement should be graded or removed to allow the surface water run-off to enter the grassed shoulder areas . Enclosed you will find copies of my inspection reports for your review. If you have any questions, please contact my office . cereaQ James A. Richter , R.A. ENC: cc: Richard G. Ward I (Chairman - Planning Board ) �I SEP 91994 SOUTHOLD TOWN PLANNING BOARD RAYMOND L . J ACOB S 1 J AME 5 A . R Z CF3TE R , SOWN H:IT_YDENT.. �� • `.. ENGINEERING INSPECTORSOUTHOLD TOWN HIGHWAY DEPARTMENT 0 O` FaX (516)-765-1750 �O1 !�� , (516)-765-3070 O F F I C E CDP THE E NG Z N£E R S0� OF BOII1mai m I NSPECT I ON REPORT AUGUST 26 , 1994 PROJECT: WHILLOW TERRACE ORIENT SUNNY, BREEZY 75-80 DEGREES SCTM # 1000 - 26 - 02 - 39. 10 . REPORT # 1 CONTRACTOR: CORAZZINI ASPHALT PROJECT FOREMAN: RICHARD CORAZZINI AVERAGE FIELD FORCE: CORAZZINI ASPHALT - SIX ( 6 ) MEN ON SITE EQUIPMENT AT THE SITE• ONE ( 1 ) GRADER - ONE ( 1 ) ROLLER - ONE ( 1 ) ASPHALT SPREADER - THREE ( 3 ) DUMP TRUCKS VISITORS: NANCY DORMEDY - (+/- ) 10 : 30 AM ROD DOUGLAS - 9 : 30 AM to 2 : 00 PM CONSTRUCTION ACTIVITIES: 9 : 30 AM - RICHARD CORAZZINI ON SITE FINE GRADING ROAD TO SIXTEEN ( 16 ) FEET WIDE . THE EXISTING SUB-BASE CONSISTING OF FINE STONE, SHELLS AND OTHER HARD POROUS MATERIAL IS CONSIDERED TO BE A SUITABLE BASE FOR THE ASPHALT SURFACE . * THE EXISTING CUL-DE-SAC AT THE SOUTHERLY END OF THE SITE HAS BEEN CLEARED AND GRUBBED OF THE OVERGROWN VEGETATION. THE EXISTING DRAINAGE AT THIS LOCATION HAS BEEN CLEARED OF ALL BRUSH AND SILT DEBRIS THAT HAS ACCUMULATED OVER THE YEARS . THE EXISTING DRAINAGE WILL BE ADEQUATE TO HANDLE THE RUNOFF IN THIS AREA. THE CUL-DE-SAC AREA HAS BEEN TREATED WITH A HERBICIDE PRIOR TO THE PLACEMENT OF ASPHALT. * THE PLACEMENT OF ASPHALT BEGAN AT APPROXIMATELY 11 : 30 AM. PAGE: 1 of 1 fa RAYMOND L . JACOB S o :"0 " J AME S A . R I CHT£RR . A . Z SUPERINTENDENT. m • ENGINEERING INSPECTOR SOUTEOLD TOWN HIGHWAY DEPARTMENT O _ Fax (516)-765-17:0 a 1 arc � (516)-765-30'.0 O F F I C£ O F TH£ £NG I NE E R rowx or soorxozm INSPECTION REFOR AUGUST 30 , 1994 PROJECT: WILLOW TERRACE ORIENT SUNNY, LIGHT WIND 75-80 DEGREES SCTM # 1000 - 26 - 02 - 39. 10 REPORT # 2 CONTRACTOR: CORAZZINI ASPHALT PROJECT FOREMAN: RICHARD CORAZZINI AVERAGE FIELD FORCE: CORAZZINI ASPHALT - FIVE ( 5 ) MEN ON SITE EQUIPMENT AT THE SITE: ONE ( 1 ) ROLLER - ONE ( 1 ) ASPHALT SPREADER - THREE ( 3 ) DUMP TRUCKS - ONE (1 ) EQUIPMENT TRUCK VISITORS: ROD DOUGLAS - ALL DAY CONSTRUCTION ACTIVITIES: 9 : 30 AM - RICHARD CORAZZINI AND CREW ON SITE PLACING ASPHALT ON THE SUB-BASE . SIXTEEN ( 16 ) FEET WIDE BY ( 2-1/2" ) TWO AND ONE HALF INCHES THICK. * THE SHOULDERS STILL REQUIRE MINOR GRADING TO ALLOW THE RUNOFF FROM THE PAVEMENT TO ENTER THE GRASSED SHOULDER AREAS . * THE PLACEMENT OF ASPHALT HAS BEEN COMPLETED IN A SATISFACTORY MANNER. PAGE : 1 of 1 g�FFDI,t- ��0 LOQ" RAYMOND L . -TACOS S J AM£S A . R I CHTE R , Z SUPERINTENDENT. W • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT O Fax (516)-765-1750 y �Ol JTi[ (516)-765-3070 OFF I C£ O F THE E NG Z WEER TONIN OF fil T]mOLD I NSPECT I C N REPORT AUGUST 26, 1994 PROJECT: WHILLOW TERRACE, ORIENT SUNNY, BREEZY 75-80 DEGREES SCTM # 1000 - 26 - 02 - 39.10 REPORT # 1 CONTRACTOR: CORAZZINI ASPHALT PROJECT FOREMAN: RICHARD CORAZZINI AVERAGE FIELD FORCE: CORAZZINI ASPHALT - SIX ( 6 ) MEN ON SITE EQUIPMENT AT THE SITE: ONE ( 1 ) GRADER - ONE ( 1 ) ROLLER - ONE (1 ) ASPHALT SPREADER - THREE ( 3 ) DUMP TRUCKS VISITORS: NANCY DORMEDY - (+/- ) 10 : 30 AM ROD DOUGLAS - 9 : 30 AM to 2 : 00 PM CONSTRUCTION ACTIVITIES: 9 : 30 AM - RICHARD CORAZZINI ON SITE FINE GRADING ROAD TO SIXTEEN (16 ) FEET WIDE . THE EXISTING SUB-BASE CONSISTING OF FINE STONE, SHELLS AND OTHER HARD POROUS MATERIAL IS CONSIDERED TO BE A SUITABLE BASE FOR THE ASPHALT SURFACE . * THE EXISTING CUL-DE-SAC AT THE SOUTHERLY END OF THE SITE HAS BEEN CLEARED AND GRUBBED OF THE OVERGROWN VEGETATION. THE EXISTING DRAINAGE AT THIS LOCATION HAS BEEN CLEARED OF ALL BRUSH AND SILT DEBRIS THAT HAS ACCUMULATED OVER THE YEARS. THE EXISTING DRAINAGE WILL BE ADEQUATE TO HANDLE THE RUNOFF IN THIS AREA. THE CUL-DE-SAC AREA HAS BEEN TREATED WITH A HERBICIDE PRIOR TO THE PLACEMENT OF ASPHALT. * THE PLACEMENT OF ASPHALT BEGAN AT APPROXIMATELY 11 : 30 AM. PAGE : 1 of 1 I5 � I SEp 71994 I� SOUTHOLD TOWN PLANNING BOARD ., • �oS�e�ocr�o • a RAYMOND L . J ACOB S o <�' J AME 5 A . R I CHTE R , Z SUPERINTEWENT.. • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT D O Fal (516)-765-1750 I [ 1� (516)-765-30'.0 O F F I C E OF THE ENG I NEER TOWN OP scV mOLD INSPECTION REPORT AUGUST 30 , 1994 PROJECT: WILLOW TERRACE , ORIENT SUNNY, LIGHT WIND 75-80 DEGREES SCTM # 1000 - 26 - 02 - 39.10 REPORT # 2 CONTRACTOR: CORAZZINI ASPHALT PROJECT FOREMAN: RICHARD CORAZZINI AVERAGE FIELD FORCE: CORAZZINI ASPHALT - FIVE ( 5 ) MEN ON SITE EQUIPMENT AT THE SITE: ONE ( 1 ) ROLLER - ONE (1 ) ASPHALT SPREADER - THREE ( 3 ) DUMP TRUCKS - ONE ( 1 ) EQUIPMENT TRUCK VISITORS- I ROD DOUGLAS - ALL DAY CONSTRUCTION ACTIVITIES: 9 : 30 AM - RICHARD CORAllINI AND CREW ON SITE PLACING ASPHALT ON THE SUB-BASE . SIXTEEN ( 16 ) FEET WIDE BY ( 2-1/2" ) TWO AND ONE HALF INCHES THICK. I * THE SHOULDERS STILL REQUIRE MINOR GRADING TO ALLOW THE RUNOFF FROM THE PAVEMENT TO ENTER THE GRASSED SHOULDER AREAS. * THE PLACEMENT OF ASPHALT HAS BEEN COMPLETED IN A SATISFACTORY MANNER. PAGE : 1 of 1 Svl ; • hs ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER(516)369-2065 P. 0. Box 570 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F.WHELAN September 7, 1994 VIA FAX AND REGULAR MAIL Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold Tax Map No. 1000-026. 00-02 .00-039. 010 Dear Members of the Board: I understand that the final road improvements required by the Board for the above-referenced subdivision have now been completed. Accordingly, I hereby request that the Board request a final inspection of the road improvements. Thank you for your cooperation. Very truly yours, G/� �� John M. Wagner /JW Encls. USP :�1g 4 .. SOUTHOLD TOPdN r"o"°" pLANNING KPI'D PLANNING BOARD MEMBERS F Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. ��y Southold, New 117911971 Bennett Orlowski,Jr. r' Mark S. McDonald _ Fax(516)765.3136 Kenneth L. Edwards Telephone„ .; Telephone(516)765-1938 PLANNING BOARD OFFICE 19 TOWN OF SOUTHOLD ��. -71 1954 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: LO; ler•mre 'Farms Tax Map No. : 1000-26_ x --;9.10 Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated Comments•- �Q r ��• J c Contact Person: �iSSA NJ Rr� Southold Town Planning Boa• 11 August 22,1994 • WHE AS, this proposed cluster minor subdivision is for 2 lots on 5.62 acre 4ind WHEREAS, e Southold Town Planning Board, pursuant to the St Environment Quality Review Act, (Article 8), Part 6, declare self lead agency and issued a Ne tive Declaration on October 25, 1993; an WHEREAS, a final pub hearing was closed on said division application at the Town Hall, Southold, Ne York on August 22, 1 ; and WHEREAS, all the requirement f the Sub ivision Regulations of the Town of Southold have been met; be it t ref45re RESOLVED, that the Southold�6wn Pla ung Board approve and authorize the Chairman to endorse the f,Inal surveys da d May 9, 1994. Mr. Orlowski: Secar�d Mr. Ward:�M on seconded. All in favor? Ayes: AAf. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. xxx*x*xxxxxx**xxxxxx Mr. Ward: Willow Terrace Farms - This minor subdivision is for 4 lots on 8.0084 acres located on the south side of King St. and the north side of Willow Terrace Lane in Orient. SCTM# 1000-26-2-39.10. Is the applicant present tonight? John Wagner: The attorney for the applicant Is. Good evening. John Wagner of Esseks, Hefter and Angel, 108 East Main St., Riverhead, here for the applicant. Members of the Board, I'm pleased to be here this evening. I think that we spent some time with the Board in devising the plan that's up for approval tonight. %I think it addresses the concerns of all involved and I respectfully request approval of the application as presented. Thank you. Mr. Ward: Is there anybody else here this evening that would like to address the Board regarding Willow Terrace Farms? If not, what's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion to close the hearing. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I'd like to make a further motion that WHEREAS, Willow Terrace Farms, Inc. is the owner of the property known and Southold Town FUr"na BM10 12 August 22,1994 . designated as SCTM# 1000-26-2-39.10, located on the south side of King St. and the north side of Willow Terrace Lane in Orient.; and WHEREAS, this proposed clustered major subdivision, to be known as Willow Terrace Farms, Inc. is for 4 lots on 7.9948 acres; and WHEREAS, a Declaration of Covenants and Restrictions will be recorded as a requirement of subdivision approval; 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 September 13, 1993; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 22, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval ; be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated July 12, 1994, 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 draft Declaration of Covenants and Restrictions which has been reviewed by the Planning Board and the Town Attorney must be recorded in the County Clerks office. A copy of the recorded document must be submitted to this office. In addition, the final maps must contain a notation that a Declaration of Covenants and Restrictions has been recorded. This notation must include the Liber and Page Number of the recorded document. 2. Notification of the filing of the HOA for the roads and rights-of-way within the subdivision must be submitted. 3. A performance guarantee in the amount of $21,500.00 must be submitted and accepted by the Town. If the subdivision improvements are to be completed without the posting of a performance guarantee, all improvements must be completed prior to any endorsement of the final subdivision map. 4. Two (2) mylars and six (6) paper prints of the final map must be submitted. All maps must contain a valid stamp of Health Dept. approval, and the notation pertaining to the Declaration of Covenants and Restrictions. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham,Mr. Ward. Mr. Ward: Opposed? Motion carried. PLANNING BOARD MEMBERSt "' Richard G.Ward, Chairman + Town Hall, 53095 Main Road George Ritchie Latham,Jr. ti '' ', P. O. Box 1179 Bennett Orlowski,Jr. y✓ ?` Southold, New York 11971 Mark S. McDonald Alt Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 23, 1994 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Minor subdivision for Willow Terrace Farms SCTM# 1000-26-2-39.10 Dear Mr. Wagner: The following took place at a meeting of the Southold Town Planning Board on Monday, August 22, 1994: The final public hearing, which was held at 7:40 p.m., was closed. The following resolution was adopted: WHEREAS, Willow Terrace Farms, Inc. is the owner of the property known and designated as SCTM# 1000-26-2-39.10, located on the south side of King St. and the north side of Willow Terrace Lane in Orient.; and WHEREAS, this proposed clustered major subdivision, to be known as Willow Terrace Farms, Inc. is for 4 lots on 7.9948 acres; and WHEREAS, a Declaration of Covenants and Restrictions will be recorded as a requirement of subdivision approval; 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 September 13, 1993; and Page 2 Proposed major subdivision for Willow Terrace August 23, 1994 WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 22, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval ; be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on !, the surveys dated July 12, 1994, 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 draft Declaration of Covenants and Restrictions which has been reviewed by the Planning Board and the Town Attorney must be recorded in the County Clerk's office. A copy of the recorded document must be submitted to this office. In add- ition, the final maps must contain a notation that a Declaration of Covenants and Restrictions has been recorded. This notation must include the Liber and Page Number of the recorded document. 2. Notification of the filing of the HOA for the roads and rights-of-way within the sub- division must be submitted. 3. A performance guarantee in the amount of$21,500.00 must be submitted and accepted by the Town. If the subdivision improvements are to be completed with- out the posting of a performance guarantee, all improvements must be completed prior to any endorsement of the final subdivision map. 4. Two (2) mylars and six (6) paper prints of the final map must be submitted. All maps must contain a valid stamp of Health Dept. approval, and the notation per- taining to the Declaration of Covenants and Restrictions. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Wardf Chairman cc: James Richter, Engineering Inspector LEVAL tl1YrICK A[so[i>Itv.on lht foul IN I b•land Notice MPoM1lk Hearing m f°muly of Ihm61 IM NOTICE IS Hon 276 f Jim TIIv. v,;b by W slaw rerae we STATE OF NOYORK) pun°ml to icc"'R]6"f Ile Tow' swlM1a or try land Imo of INW,a public TownR will be tied bl by n of wor S Tertac,Samm 1. S�Sp IM1e Re Tow Town1, Mainomm,BdN M1 IoM now or Sorority of Ma6eC on ) p0: el the Town llall, Main Road IM west by Rowe Dove,by Lm 011 the 22M New YAui"aaia Town or of"ill°w Termite.5eclion I,by tart /. OF SUFFOLK) IM1e i3M day of auyvst 1WI m Ili or formerly of Douglass,by M 1' SUFFOLK) V !1/ 9oNion°flM1e'"Iwin[ novo pmom /�/a� ]30 propose Erol r sbit,ub M1[vion fm Net];d5 PM.Final public bovine fur , �(�. � _ of Mattituek, iII the proposed major subdivision for IM1[PnryasW us off for Mary Holland Tr Angel SM1omt in SmIM1°M.Town of (Estate°f Frank Dawson).in New Southold.County or SOB"h'SWc"f limpid,Town°f Soulhsld.County of said County, being duly sworn, says that he/she Now Yoh.Suffolk Curvy Tax Map Suffolk,St..of New Yah.Suffolk �}� Number ICM89bl,4&S. County TO.Map Number IINq-11]' pjyyeipal Clerlt of THE SUFFOLK TIMES, a The properly Is bordered 04 IM1e 9-19A. is -.Me,,by Main Bayview Rd,ow .this properly is bordered no the the aamt[mt byCMm Beach Rd.:an north by land naw°r wfine'ly Of Weekly Newspaper, published at Mattituck, in Ila foam—.by Ceder Point Rd.,by Oanmlf;on for,.1 by Third 5U[es, land now m formerly of u.irs.by on as numb by lmkwn Sorwd;but the the Town of Southold. County of Suffolk and land no or fomormly f arrock,by soulhwm by bond now a painterly of land now orf ly of H k,by price and Herschfcld:oma on the land now My. °f Mullim;by rmMwen by MM now For formsly of State of New York, and that the Notice Of which Paonk BaY.by Lmvl now n fomedY No,. f V,71,Zck,oa IM wmM1cmt by the annexed is a printed copy, has been regular- jdA Peconie Bay Lane:on IM1e 750 11 M.Final public hemi onhwml by Terry Walt,,Sub- IM pmpned ml off for Andre Aid...(Suffolk Couroy File 43900, tidy art Som,in Dictation,Town of ly published in said Newspaper once each week mal Rambler Road. 'ro".Caunry of 5off.15,`n ro ]:35 P.M Final Wblic Iwring for New York.SuRolk Co..., they awarded no nor s°hdivison for N^mMn1 "6.45]-5-593es 5d . the for weeks successively, c aatnencbag on luWn Gny Dunkp,Marta Ken, The pr°per1Y is Fordo c cnr sore erni•mim H.cnr,to nano by lane now n'rmmndI or the day of { 19 FSM,,Stand.Town or Southold. Cassidy.by IoM now or fmmmrly of `J Comply of Suifolk.Some of New Bar[cmwskf,by Aftedsousbe nd Yank,Suffolk Suolk Comply Tax Map a many:on the can by foM familiar 10086-5-11 L. (°cm,"a'Mdmse:o Ow somheaal TI Fpeorpappinny ,,on bordered nd the by NYS R proal n IM1e un by tory � �. mt4 by Poa Av[.;on tM noMearl Island ndua Rainoter°n IM1e r dw wed by by Wtl w w Formerly ar Dryer;On AnM1am°`^a9`"p^ml:°o`bewW by CHRISTINA V0UNSKI �rn that southeast by land mww Or Fommcd, lam row,or hmnmlY of Yua;wtl m of Edwards;on the to llwall tr the northwest by land^n"°'wasomely Notary Public,State of Now ywk yy�� M House Dr by Sappho f" Ay NO C/yk.,ppA Principal Clerk Rd. Ili Ili by M Nor- ,5 P M.Flood public ch arrro for W W84 brod,aPo,a art he .h- Ire IX p .p A.Ten a acme er«k Qualified in Sy a C4uwed I, y� b P.M.final public hearing for A 'n I So Mick Town n( mission Expires Noviesibis12 IM1 p Pdni bJ fr Southold,Count,or Suffolk.Sma°I •ry4ai.9mt Drier. New York Suff Ik C Y Tax Map Town of Scorbutic,Count,of Suff°Ik. Number l0]'F18-83 ewrd"d ou IM1e 1 State of New York.Suffolk County This pwp[ny is Q Tire M.,comic,I W106 3J9,10, north by Grose Crockv"oat:on the r This property is bordered on the mnM1mn b Nordin tla 0.uM:an day of AIIG 2 2 I90�an orlt FY land n or formerly of da smMeast by IoM row,or fametl^ lbwd,ce,M laml no or formerly of of Ten {art on lR,W Demi b^oiled ,,h1Jkr,by land noor formerly of spat in IM1e times W�R]ws0 Bnncr vN by formerly SbG-i.M,N bcMW on - -- ofStMnermilbyK',S 'moth A,1-1dunn8° SOUTHOWTOV,j ... osedwow by fond formerly of Ire done a"^` PLANNING B) pm, should u.he Kam.,by Isn't now or formerly of onew and place tett peal L'r)rl'ud Lion,by and now or formerly of &IN.ITAuIl O'Connor h Lvudadarf,on it.—1 This property is bordere n Herschfeld; and on the nor- __ _ the north by Fox Ave; owe thwest by land now or •s j northeast by land now or formerly of Price. formerly of Doyen; on the southeast by land now or 7:50 P.M. Final public hear- 7 16 1994 formerly of Edwards;on the ing for the proposed set off southeast by Mansion House for Andrew Cassidy and Drive, by Sappho Rd;on the Sons, in Greenport,Town of Gam- OIDTOWN south by land now or Southold, County of Suf- formerly of McCance; and folk,State of New York,Suf- on the northwest by Fox Ave. folk County Tax Map Number 1000-52-5-59.3 & LEGAL NOTICE 7:40 P.M. Final public hear- 59.4. Noticeof'#u6be Hearing ing for the proposed minor sub ' is}qn f0vNINW, >0 The property is bordered on NOTICE 15 HEREBY A Orient, Town the north by land now or GIVEN that QuI Sbant to of Southold, County of Suf- formerly of Cassidy, by land Section 276 orthc lbwn Law, folk,State of New York,Suf- now or formerly of Barz- folk County Tax Map czewski, b a public hAaring ttiiil be held Y Albertson's Lane by th0 Number 1000-26-39.10. Soq#t�,nld'Ibwn Plan- and cemetery;on the east by ning boiA at, the Town land now or formerly of Hall,Main Itoid,:Southold, Melrose;on the southeast by New York in.said'Town on This property is bordered on NYS Rt 25; on the south by the 22nd day of August, 1994 p p y Long Island Railroad;on the on the question of the the north by land now or southwest by Arshamoma- following. '; formerly of Douglas, by land que Pond; on the west by now or formerly of Schiller, land now or formerly of by land now or formerly of Yaxa; and on the northwest Brenner and by land now or by land now or formerly of 7:30 P.M.Final public hear- formerly of Schorer and by Cassidy. ing for the proposed major King Street, on the northeast subdivision, for Angel by land now or formerly of ear- Shores,in Southold,Town of Kanz, b land now or ing on P.M Final public t line Southold,?County of.Suf- y ing g the proposed lot line formerly of Liburt, by land change for Demetrios A.Ter- folk,State of New York.Suf- now or formerly ofO'Con- tis and Goose Creek folk County Tax Map nor & Leudesdorf; on the Associates, Inc., in Southold Numbq 100"876-1, 4& 5. east by land now or former- Town of Southold, County The property is ly of Major Associates; o of Suffolk State of New bordered on `� the northeast by Main the southeast by land now or York, Suffolk County Tax Bayview eas-Rdt on the formerly of Douglass,on the Map Number 1000-78-8-21 southeast by Cedar. Beach south by Willow Terrace and 79-2-3.8. sousou ea the southwest by Lane, on the southwest by Rd; land now or formerly of Lot This property is bordered on Cedar Point Rd,by land now #8 of Willow Terrace,Section or formerly of Zevits, by 1, by land now or formerly the north by Goose Creek land now or formerly of Lane; on the northeast of Mager; on the west by North Bayview Road; on the Kophen,, by land now or Rowe Drive, by Lot N11 of southeast by land now or formerly of Hancock, by Willow Terrace, Section 1, by formerly of Terris; and on land now or formerly of land now or formerly of ,h ,Peconic Bay, by the southwest by open space Mullins; Y; y Douglass, by Nelson Drive. in the James W. Dawson landnow or -formerly of Vanderbeek; on the Field Subdivision, Map No. southeast by Little Peconic 7987. Bay.Lane;:on the northwest 7:45 P.M. Final public Near- by Terry Waters,Subdivision ing for the proposed set off Any person desiring to be (Suffolk County File p2901), for Mary Holland(Estate of heard on the above matter and Rambler Road. Frank Dawson),in New Suf- should appear at the time folk, Town of Southold, and place specified. 7:35 P.M. Final public hear- County of Suffolk, State of ing for,the proposed minor New York, Suffolk County Dated July 18, 1994 subdivision for deanann Tax Map Number BY ORDER OF THE Gray Dunlap,,.Martha Kent ' 1000-117-9-19.1 SOUTHOLD TOWN Gray and Benjamin H.Gray, PLANNING BOARD on Fishers Island, Town of This property is bordered on Richard G. Ward Southold, County of Suf- the north by land now or Chairman folk,State of New York,Suf- formerly of Gandolfi;on the IX-8/11/94(1) folk County Tax Map east by Third Street; on the Number 1000-6-5-13.L south by Jackson,Street; on the southwest by land now or formerly of Price and COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood , being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / . . . . . . . . . . . . . . . . . . . . . !. . . . . . . .weeks succ�s- vely, commencing on the day 9 of . . . . . . . . . . , Swornn to before me on this !// .day of . . . . . . . . . . . . . ��1/�t . . . . i 9�y . . . . . . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806646 Qualified in Suffolk County Commission Expires 0/.3//96 EssEKS, HEFTER & ANGEL S COUNSELORS AT LAW 108 EAST MAIN STREeT P. C. BOX g R VERMEAD. N.Y. I1901-o279 j WILLIAM W- E$3EFS IS IE) 369 ,700MARE:IA Z. IifPYER WATER M1L�YI, OFFICE STERMEN R. ANGEL! - T ELECOP,SR 'NUMGER(5(6) 369.065 MONTAUK MIG«WAY JANE ANN R. KRAT2 P. 0. a �!I 570 JO«« M. WAGNER WATER MILL. I -Y, I IS76 '. WILLIAM POWER MALONEY DATE: LA MLi tom.}1 ISla)�}7je _6633 TNCMAS F. WMELA« �y Ll t U �` JUL PLEASE DELIVER THE FOLLOWING PAGE(S) TO: 21 I✓ ' I NAME' Y O SOUTHOLd TGVJN FLANA,I;VG 60RRD FIRM: TELEPHONE NO; ; q TELECOPIER NO. : FROM; JOHN M. WAGNER, ESQ. CLIENT:� (��` � SENDER: NUMBER OF PAGES INCLUDING COVER PAGE: IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL SENDER AT (516) 369-17/00. /J MESSAGE: /7 /J'P�Cep (� C\, Y-C-u C S &1r_4 .C1Q,•�i 4 tit { 7 o Co ✓ter)o, A-(;:5 a,eiA d2j5ffi DECLARATION OF COVENANTS AND RESTRICTIONS i THIS DECLARATION, made as Of this day of July, 1994, by WILLOW TERRACE 'FARMS, INC. , a domestic corporation with offices located at Willow Terrace Lane, Orient, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner of property in the Town of Southold; County of Suffolk, and State of New York, shown on "Ma p Of Willow Terrace Farms, Inc. , " made by Young & Young, Land Surveyors, dated August 24, 1993, and last revised 1994, which property (hereinafter the "subject property") is particularly described in "Schedule All annexed hereto; and WHEREAS, the Declarant has heretofore applied to the Planning Board of the Town of Southold (hereinafter the "Planning Board") for permission to subdivide the subject property into four (4J parcels; and i WHEREAS, as a condition of granting approval for the aforesaig3 I � ' subdivision, the Planning Board has required the Declarant to i subject the subject property to certain covenants; I NOW, THEREFORE, it is hereby declared as follows . j 1 . There shall be no future subdivision of any lot in the subdivision, iner etuit p p Y• 2 . All stormwater runoff resulting from development and improvement of the subdivision or any of its lots shall be retaine� on the site by adequate drainage structures so_ that it will not flow into Orient Harbor or Majors Pond. - 1- i I �r,.raw�iYs 3 . ' Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Orient Harbor or the wetlands borderi.ag Major's Pond. . 4 . Access over the proposed roads of the subdivision shall be granted ',, to all lots contained in the "Map of Willow Terrace, Section ,One, " which was filed in the Office of the Suffolk County Clerk on November 28, 1969 as Filed Map No. 5407, as well as to each of the following parcels : Suffolk, County Tax Mao Reputed Own r Parcel Number, 1000-026-02 -39 . 1 Nancy Douglass 1000-026-62-39 . 2 Nancy R. Douglass 1000-026:-62-39 , 7 Irwin D. Schorer and wife 1000-026-02-39 . 8 Nancy Douglass 1000-026-02-39 .9 Nancy Douglass 1000-026-02-39 . 11 Stuart Mager and wife I 5. The Declarant shall not, at any time, hereafter discontinue, annul, abridge, or affect the rights of thewner o s of any of the property described in Schedule "A" hereto and they Suffolk County Tax Maparcels set et fortkl in the preceding paragraph to gain access to, use, and enjoy the premises designate c.5 as "Park' and Playground" on the "Map of Willow Terrace, Section one, ,, which map was filed in the Office of the Suffolk olk County Clerk on November 28, 19691a Filed Map No. 5407, which rights were established by a certain Declaration of Declarant ' s predecessors in title, Robert J.'. -2- j Douglas8 ,and Nancy R. Douglass, dated December 2 , 1969 and recorded in the Office of the Suffolk County Clerk at Liber 6668 of Conveyances, Page 347 (hereinafter the ^1969 Declaration")I . Notwithstanding the foregoing, the Declarant expressly reserves for itself, its successors and assigns, any other rights it may have Pursuant to the 1969 Declaration, including, but not limited to, the right, at any time, and without the consent of any owner, mortgagee, or other lienor, and whether or not the Declarant owns any portion of the premises covered by the 1969 Declaration, to alter, modify, or annul, in whole or in part , ary of the conditions, covenants, and restrictions set forth in the 1969 Declaration. 6 . : The Declarant, its successors or assigns shall not be liable for a violation of any covenant set forth herein unless it shall be the owner of the subject property when the allegej3 violation, Of covenant occurs . 7. The covenants set forth above shall run with the land and -' be binding upon the Declarant, its successors and assigns, and the Declarant', its successors and assigns, as well as the Town of Southold, lshall have the right, at any time or times, to proceed at law or in equity q against g ainst an y person violating or attempting to violate any of the said covenants to prevent or a;oate such violation' and to compel compliance with the terms hereof and to recover damages for any violation. Failure to enforce the said covenants in any particular instance shall not be deemed a waiver -3 - i of the right to do so as to any continuing, subsequent , or other violation. 8. The covenants and restrictions set forth herein can be modified 'only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town oflS'outhold', or of any successor to such Board, after a public hearing._ Adjoining property owners shall be entitled to notice Of such public hearing but their consent to such modification shall not be required. IN !WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of the day and year first above written. WILLOW TERRACE FARMS, INC'. By: NANCY R. DOUGLASS, PRESIDENT STATE OF'' NEW YORK) ) :ss. COUNTY OP SUFFOLK) On this day of July, 1994, before me personally came Nancy R.' Douglass, to me known, who, being by me duly siworn, dick depose and say that she resides at Willow Terrace Lane, orient, Nei✓ York, that she is the President of Willow Terrace Farms, Inc. , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board oflDirectors of the said corporation. ' i NOTARY PUBLIC i j •4_ i I i TOTAL P.05 -....l..::. res SUBMISSION WITHOUT COVER LETTER DATE: SENDER: Namcy be-rmodi 1 SUBJECT: W1116-w TC(YAcC- SCTM$: Z �- Z - 3�J • /O COMMENTS: -190 Check — d"fferLe, ce. Oe tWe_e*j of C4ia/YT- of (2,/QSSiFicatior, fr6l-n ni, nofto st) mho✓ CIOr rl? 6,J&U�L 2 01994 D WUTHOLD TOWN PLANNING BOARD Ft LE /-ts it ,c D STATE OF NEN'YORK DEPARTMENT OF LAR' 120 BROADWAY G. oLivER KOPPELL NEW YORK, N.Y. 10271 Attorney General (212) 416-8148 GARY R. CONNOR Assistant Attorney General in Charge June 23, 1994 Real Estate Financing Bureau Richard Herzbach, Esq. Certilman Balin Adler & Hyman The Financial Center At Mitchel Field 90 Merrick Avenue East Meadow, N.Y. 11554 Re: Willow Terrace Farms HOA 4 Lots/Private Drive, Willow Terrace Lane Southold (Suffolk) New York File No.: NA94-097 Dear Mr. Herzbach: The Department of Law has received and reviewed your application for a "no- action letter" concerning a transaction involving the above premises. On the basis of the facts and circumstances stated in your letter and supporting documentation, the Department has determined that it will not take any enforcement action because the described transaction occurs without filing or registration pursuant to Section 352-e and Section 359-e of the General Business Law. We understand that it is your opinion as counsel that the transaction is not subject to those registration and filing requirements. A copy of the application and supporting documentation and this letter shall be provided the purchaser at least three days prior to entering into a purchase agreement. All advertising shall comply with Section 22.6 of Part 22. This position is based solely upon the limited information supplied and representations made in your letter and supporting documentation. Any different set of facts or circumstances might result in the Department's taking a different position. In addition, this letter only expresses the Department's position on enforcement action which could arise from the transaction's occurring without filing or registration and does not purport to express any legal conclusion on this or any subsequent transaction or offering. The issuance of this letter shall not .be construed to be a waiver of or limitation on the Attorney General's authority to take enforcement action for violations of Article 23- A of the General Business Law and other applicable provisions of law. D ffI ,9. Very truly yours, 0/A&Z1 SOliTH0�D74dJACQ 4INE ORRANTIA JOag .,MKII �BO t,D �.,,.i Assists Attorney General PLANNING BOARD MEMBERS Richard G. Ward, Chairman =� i Town Hall, 53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. - Southold, New York 11971 Mark S. McDonald Fax (516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Julv 19, 1994 John M. Wagner Esseks, Hefter & Angel P-0. Box 279 ' Riverhead, New York 11901 RE: Proposed Major Subdivision Willow Terrace Farms, Inc. SCTM# 1000-26-2-39.1 Dear Mr. Wagner: The Planning Board has reviewed your request to refund part of the application fee due to the change in classification of the application from a minor subdivision to a major subdivision. The original subdivision was presented as a minor subdivision. An application fee in the amount of $3000. 00 was presented with the application, and was processed by the Town on June 2, 1993. The original classification of the subdivision was changed to that of a major subdivision when the subdivision layout was revised to include a new road. The major subdivision application fee is calculated as follows: one thousand dollars ( $1,000. ) , plus one hundred dollars ( $100. ) per acre or part thereof in the proposed subdivision. The application fee required for the proposed subdivision after the change in classification from minor to major is $1800. 00 . Therefore, your client is due a refund of $1,200. 00. The bond estimate adopted by the Town Board on July 12, 1994, was for a bond in the amount of $21,500. 00 . An administration fee in the amount of $1, 290.00, ( 6% of the bond estimate) is required to be submitted by your client. • i Willow Terrace Farms, Inc. July 19, 1994 Page 2 Rather than refunding the application fee, the Town is willing to use the $1,200. 00 due to be refunded to your client towards the requirement for the administration fee. The $90.00 difference between the two fees must be presented by your client prior to any endorsement of the final subdivision. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spi o Planner cc: Judith T. Terry, Town Clerk ESSEKS, HEFTER & ANGEL C COUNSELORS AT LAW `S 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER (516)369-2065 P. O. Box 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F.WHELAN July 15, 1994 BY HAND Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold Tax Map No. 1000-026.00-02.00-039.010 Dear Members of the Board: I enclose herewith the following, for your continuing review of the above-referenced subdivision application: 1. Five (5) paper prints of the final plat, last revised July 12, 1994, showing the proposed principal building envelopes on each of the proposed lots; and 2. A copy of a proposed revised "Declaration of Covenants and Restrictions. " Please advise me as soon as possible if the proposed principal building envelopes and the enclosed covenants are acceptable to the Board. Thank you for your consideration in this matter. Very truly yours, /JW JUL 181994 John M. Wagner Encls. SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this day of July, 1994, by WILLOW TERRACE FARMS, INC. , a domestic corporation with offices located at Willow Terrace Lane, Orient, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner of property in the Town of Southold, County of Suffolk, and State of New York, shown on "Map of Willow Terrace Farms, Inc. , " made by Young & Young, Land Surveyors, dated August 24, 1993 , and last revised , 1994 , which property (hereinafter the "subject property" ) is particularly described in "Schedule All annexed hereto; and WHEREAS, the Declarant has heretofore applied to the Planning Board of the Town of Southold (hereinafter the "Planning Board" ) for permission to subdivide the subject property into four (4) parcels; and WHEREAS, as a condition of granting approval for the aforesaid subdivision, the Planning Board has required the Declarant to subject the subject property to certain covenants; NOW, THEREFORE, it is hereby declared as follows : 1 . There shall be no future subdivision of any lot in the subdivision, in perpetuity. 2 . All stormwater runoff resulting from development and improvement of the subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow into Orient Harbor or Major' s Pond. n - 41 (j�' 3 . Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Orient Harbor or the wetlands bordering Major' s Pond. 4 . Access over the proposed roads of the subdivision shall be granted to all lots contained in the "Map of Willow Terrace, Section One, " which was filed in the Office of the Suffolk County Clerk on November 28 , 1969 as Filed Map No. 5407, as well as to each of the following parcels : Suffolk County Tax Map Reputed Owner Parcel Number 1000-026-02-39 . 1 Nancy Douglass 1000-026-02-39 .2 Nancy R. Douglass 1000-026-02-39 . 7 Irwin D. Schorer and wife 1000-026-02-39 . 8 Nancy Douglass 1000-026-02-39 . 9 Nancy Douglass 1000-026-02 -39 . 11 Stuart Mager and wife 5 . The Declarant, its successors or assigns shall not be liable for a violation of any covenant set forth herein unless it shall be the owner of the subject property when the alleged violation of covenant occurs . 6 . The covenants set forth above shall run with the land and be binding upon the Declarant, its successors and assigns, and the Declarant, its successors and assigns, as well as the Town of Southold, shall have the right, at any time or times, to proceed at law or in equity against any person violating or attempting to 2 violate any of the said covenants to prevent or abate such violation and to compel compliance with the terms hereof and to recover damages for any violation. Failure to enforce the said covenants in any particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent, or other violation. 7 . The covenants and restrictions set forth herein can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or of any successor to such Board, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of the day and year first above written. WILLOW TERRACE FARMS, INC. By: NANCY R. DOUGLASS, PRESIDENT STATE OF NEW YORK) ) :ss . COUNTY OF SUFFOLK) On this day of July, 1994, before me personally came Nancy R. Douglass, to me known, who, being by me duly sworn, did depose and say that she resides at Willow Terrace Lane, Orient, New York, that she is the President of Willow Terrace Farms, Inc. , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. NOTARY PUBLIC -3- • C-:ICAGC TITLE INS UPANCsoMPANY rde ND.: 94CS-30483 LEGAL DESC,RIPTiCN !L-. THAT CWZ"_'n_V ?LOT, R=ECE OR ?ARCH. OF LAND, S:TUATE, :.'_'=VG, AND BE:, G AT OP._VT, IV THE TOWN OF SOUT_HOLD, COUNTY OF SUFFOLK AND STATE OF :NEW YORK, MORE ?ARTTCULAR?,`_' 3OUNDED AIM DESCR=3ED AS FOLLOWS: 3EG=YNING AT A POINT ON 7= SOUTHERLY LINE OF {.NG STREET NORTH 3C DEGR=EES, "" M7 =G 40 SECONDS WEST FE...T ALONG SAID SOUTHERLY :_INE PROF '^_S =V r45'c CT:ON n_TS TEAT COURSE OF =� SCUT_=riESTE_RL L_Yc^ OF Sn27 R=NG STREET We=CE RUNS SOUTH 40 DEGREES, Co H3:YUTES, 10 SECONDS _AST, FROM SA=D ?OrNT pc EEG=YNZDIG RUNNING T:�E FCLLCWTVG TH-7::tTy COURSES: 1. SOUTH . :DGREES, __ -::NUT=S, 30 SECONDS ;;Es- 196. 6- ___ =DiCE 2- SOUTH 30 DEGREES, 4.7 ;!=VUT_S, 30 SECONDS EAST 73.64 _ . SOUTH? 20 DEGREES, 07 !!3:_NUT_S, 20 SECONDS EAST 54.98 7__ 4. NORTE 72 DEGREES, J-YU?:5, 00 SECONDS :AST 36 . 70 __ 0. SOUTH 1_ DEGREES, _2_1 !f_YUT=S, OC SECONDS6. SCO=c i0 DEGREES, 13 !!=WTE3, 40 SECONDS EAST 7. SOUTH 03 DEGREE S, 36 7LNUTES, 40 S'ECCNDS NEST 130.20 7ZZ7; 3. SOUTH 53 DEGREES, CO w=VU^_S, S0 SECONDS WEST i7g.20 =_ 5. SCUTH 27 DEGREES, 1i 'i=MUTES, 20 SECONDS EAST .00 10. YORE_= 29 DEGREES, __ :!_VLT=S, 30 SECONDS ntS 31. __ _c_ __VC_ 1.. SOUTE 0'_ D'EGR=S, 32 '.?IVU'^ES, 10 SECONDS 'AES350.__ __- =E:JCE __. NORTH 46 DEGREES, 3 U 0 H7MTES, 00 SECONDS WEST 67 . _- -_E , /?_DIC_ SORT_ Oi CEGREES, 32 :?=VUTES, 10 SECONDS _AST =.25 .37 i4. NORTE 38 DEGREES, 2 Y=VUTES, SO S_wNCS 'n7_57 21C.Op -__ -EVC __. NORTE 74 DEGREES, 05 '.!=YU'1'ES, .0 SECONDS WEST __4. ---_ _=. YCP.TH iC DEGREES, _5 v=VU'^_S, 00 SECONDS ''ZEST 17. SOUTH 8S h'GREES, u_NUTES, SO SECONDS EAST 110.0 13. VOR'_"'_^' OY DEGREES, 38 '.!=VUT35, 10 SECONDS EAST _30.0 _:JOE 19. NORTE 38 DEGREES, )EMOTES, 50 SECONDS WEST L50.0 ?' _ _yCo 20. NORTE 54 DEGREES, 25 v=MUTES, 30 SECONDS WEST _ , . T=_ __ENCS s.. VOR'_"_` 57 DEGREES, 30 w=VUTES, 00 SECONDS EAST '5.33 THE 22. SCUT= 88 DEGREES, 2i H=VOTES, 50 SECONDS EAST 114. :7 = _NCE t.;. NORTE 04 DEGREES, 17 Ml MUTES, 1.0 SECONDS NEST 72_7.95 F'� THENCE 24. NORTH 91 DEGREES, 17 MINUTES, 50 SECONDS EAST 13 . 75 F_.._, HENCE 25. SOUTH 25 DEGREES, 42 MINUTES, 10 SECONDS EAST 7_20.0 25. NORTH 39 DEGREES, C3 :LTYUTES, 00 SECONDS EAST 103.20 7V--;T _WNCE 27. SOUTH 0_ DEGREES, 4-1 Y=NUTES, 2C SECONDS NEST_ NYCE 28. SOUTH 88 DEGREES, _3 u_NUTES, 40 SECONDS EAST 150.00 29. NORTE 09 DEG__'jZzS, 12 v_NU:r5, 30 SECONDS EAST 306.08 -V SCUT:=EnL'' SIDE OF 3=NG STREET; --- - � _O. ALONG SA_D SOU=__R_7_ L_YE SOUTH 30 DEGREES, .7 H=NUT__S, 30 SECONDS 30.00 FEET TO THE ?CIVET OR PLACE' OF 3EG:NN=NG. v Lm 0 ecu -LEGAL DESCR2?T=ON- ��EFo�Kc a0 OGy� MS JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK p rZ P.O. Box 1179 N Southold, New York 11971 REGISTRAR OF VITAL STATISTICSi. Fax (516) 765-1823 MARRIAGE OFFICERRECORDS MANAGEMENT OFFICER T�1 � Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER T 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 JULY 12, 1994: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $21,500.00 for a bond for roads and improvements in the minor subdivision of Willow Terrace Farms, Orient, N.Y. , all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James Richter. Judi J✓� Judith T. Terry Southold Town Clerk July 13, 1994 ILyS ill J. U : sL 07-12-1994 11:58RM FROM TO 7651823 P.01 AA , r Es5EK5, HEFTER & ANGEL COUNSELORS AT LAW IOa EAST MAIN STREET P. 0. box 279 RIVERHEAD. N.Y. 11901"0279 WILLIAM W. ESSEKS IS 16)369"I700 WATER M{LL OFFICE MARCIA Z. HEFTER — MONTAUKI"�I OMWA. STEPHEN R.ANGEL TCICcoPI[R NVNRGR Is16)369"206e P.Q. 00)01 S70 )ANG ANN R. KRArz WATER MILL. NLY, 11976 JOHN M.WAGNER (616) 726 6633 DATE: July 12, 1994 WILLIAM POWER MALONEY TMOMAS F.WHELAN PLEASE DELIVER THE FOLLOWING PAGES) TO: JUL � � IJ4 j NAME.: Ms. Mellissa`S iro PLANNING BG.RD FIRM: Town of Southold Planning t. i TELEPHONE NO. : (516) 765-1938 TELECOPIER NO. : (516) 766-4t3if FROM: JOHN M. WAGNER, ESQ. CLIENT: Douglass SENDER:_Lynne 1 NUMBER OF PAGES INCLUDING COVER PAGE: 11 I IF THERE ' ARE ,ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL SENDER AT (S7.6) 369-1700. MESSAGE; Faxed herewith is a copy of a Declaration dated December 2, 1969, and recorded in the' Offige of the Suffolk County Clerk. I tali your attention t Paragraph 17 of the Declaration which deals with the park and playground on the map of Willow Terrace, Section I, and specifically provides that it is for the use ind enjoyment of all owners of the premises affected by the Declaration. You dh uld knots that the property description that is Schedule A to the Declaration encompas es Willow Terrace, 'Section I, the property we are currently seeking to subdivide, and �11 of the "out parcels." After reviewing the Declaration, please advise if the Planning Board requires anything further with respect to the park and playground. I Think another instrument will be superfluous. i CONFIDENTIALITY NOTICE j The documents accompanying this telecopy transmission contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity naa►ed on this transmission sheet. If you are not the intended ;recipient, you are hereby notified that any disclosure, copying, (distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibitekd, and that the documents should be returned to this fi#m immediately. In this regard, if you have received this telecopy ; in error,' please notify us by telephone immediately. DATE SENT',: TIME SENT: INITIALS: 07-12-1994 11:59RM FROM TO 7651823 P.02 .10 LOAM 7 .+3 •� e ;'CSCland!!OI[>ddt•Ma9M d�e(babeatber . lN/67 t ' aosolaeresd&do L Dai/laea,,kfLaite, balk twatrOs aoOrh{. ♦ .• . V ' • '• b•r called 16e"a-•••••wa�Y11tl '• r' lfail7e�r aitwlt� + I �. : '�1fIlLRiGs tba Deelaraan are rlaw-ttie ow"m in re•"=I"at■r •.. '` - • '"r" !n Par i d ta.1/with Ills bealatt .ad l tM{'••n.r Wheals. . .9'"Odes at orient. ie wlTowa orlootlnl4. /+tIIetk Ceaat7, ife�r�'k. "'��'' • ;.. described se seladtile.".A�'Mreadt•aaaeaad apd glade a 'S.l•cam;:• �psrtlamLelr dace - .-. Vis ',.i+xy6� jrri� .07 "fKped to MnLi o the.promiael: aeOPao •• 1 r 1 f, .. . ,. 1 -.. ,\.•• l ,•� 1,66 . 4 r •1 �t!•i i .�' f+,•Yfa\rl"ir5r J � r �- n. - .. � 5. V,' ,•. '�y!�aA•4 '16ji '. � � , �•.. ' to y\ Rf� , r # f yb•'Yr6r�a � y ". ' ! ' �1 + r ahr� a wslf• ,�,' G,,/ 11 �, ,;1• l ♦. t .. t Ire/ .. . i ♦ # j'v,r.' tii std, +y. -Mr.,�. ' r) .1 f. ., • \r �." •fid .1'.+.;F i$�.,1pD •,, i'. , ; A,4 ip Vf �«�. . 4yr I �. 'ir'L i j' p'• ,♦ !Y t •.1;� ,.\ c�'ti y ,fi oS•�i y I�r' 1 wJ• s.'• . • ��J 4(;w'L'. �\ ,. �.. I k•,�.;� e }/� � } .fi>AL71,1.>'xrJ'�. A•. • }}'. S. V ^ .. 'y+ y., �:9r I"�' -{ r •� .t ! y :1•l� .' 07-12-1994 12:00PM FROM TO 7651823 P.03 qw X of I, AJINZ�"TQ ANA rMNOG .. :.' �r, • �• .1 +• • • �. .. •d i x;'31 A ►Alfa Or DiWC�M I a •. '+. .8Y }D86R'f J. DOD/�f.A!AFfO 1fA1161.R • FIS w11FFy D,%Tm I=, � or ,D om.--.'.,�• .�,n 't d id. w4t1 l w ' 1114 that geMf•pi¢. PV¢ Orem � . . • - � � k Ntwia 'esdN�KOetit% b+iwr��' �,- • are t r' a'tedr ROa '.• '• •` . ZOswt7 d 3dw ft:A 0 Tsai•d wRant�•A'dat }qwu d 11edb014 . 'r .1 , vsarlilba• 1r1lp+s; . . .. . r ' . , '•. ' , �•• � • � *" • t. ', � � of W 1alsrssaYal d t•ae tiw%lrsd aaw yh fla d 70a 7M�.�Mtesl wif y lite d sold Ras�.tysWMtA� 4 •• '`(. ate%rq�id wsst.rq•Dr`7«w!1'.. frr'aM••M a�;liq�•t'. .i • fsst: %tkow,aloft ta•dnew tw'ew%'WW'wf'AeaAw•s _ t, tM.7.CA OL �aR 16 fiw"M 144 a North 77 dss•ose - •Iw%7,i(nd w. arb.dyssetrarittspl W0ob ls10 1416 141rtMgnas' 4JE �ts6d or,fermit Q•�0•t 4' .� I.atllsmc 'sora+.io.daaee•s iO:tiN.�MtlYr ant N' landa ar rar:s.ris d 4Nrm.:asawresaends W40.N Sa h 1 d•7rwas-3 tatswte:40 iaeaNs"AaNI j'Tf•mit hi V dam aK It s r t0 e•a�U O•I 10W.43 A � '•' _ 41 'Saab t•� '�t elrren l0'res>ri'O•f 7WR0-lbt,%i Wiww•' .. 4 .I(� sons s da.�.�lp is «e�.jlSa flAtft«t taw.. ;. , - - , � � � T•1 lsrth'7dr7rsda 1!aa1] ;tM7r1k. .�,.: .r. o n1 voe•rq•hart la lost to a PAN:btsi'le muss",0{,d'7• 1 fi . saytutA!b sdeaads ar is k0j,ft+sm as im"AweMbM'IwfrC- Wiiase J<•• :. • waitsoothomwif ohms low sommohd d tss r: ' • ds7ewws 361 MMss 70 IIMwd• as was f0K '1rw• . 9^.�; �.,;•.. . (w swum +•ssw•e.1tmfaltaa'00esoaiss�i wlµi. fMt ��'t�'�c ' - i1fR iatb 77 dsaotrs 42 wabon 70**@soft fOs �. ord6ers Idi1 waist 8006 of Orbi,WYAus. Ms'ee ao•Ma�e - Ills f/atwsiew.K Few ss,awssswi t114Ma .. •_ ;. M detass'9s steatu so*10000 ddsf{to.to#Wk. .. fwiners7Q Js/saw r. t7wjMr<! aisr'dss:dvlsY•w�r 4i„ • fill. sort►KLpsasof. sl•11O,s ssr•WIaM�If:�• •. , : . 171' Rp,�n.da0tws a0 mfi1r40 essswY 1t0•t,1d"iA101i' 'A ' ••. } 'tel !•heti f ds7rwoe so slurs he debogh Vp6 f+0i�.Of.�f L . :w or Seewsr2 of Ar Lm tMw sisall sow bwa off .;•" . - % .r' - on;tarmarf!'d fr}>':' orth%sad iUf>rov. fddtpwis 7[ .. _ Ad %%ries ale1-410 KM 701.77 fest tw lead wiv.a!fsrwsrl4 '•`' � . • d Css/sri•fl•sta'10 d�0r1►eti'H#�•K wre•afitss•Mr �,��. . s' arty'a toemsrlT st Davis, trww oleif m"I"4 dtDOrll�'fia . pt tyres t• .p.d..fie a t1��Ms (' . :: ♦ ! '�',Ftetyt'•Clause 1I7 tdlmA/s M 1sa't1Wrt ' . sewtl�M7.lids d•'RY-�pa*dwR,F�OO�s1�•s��erM�t'�1�p1 1 •` soswesMs 1NNAIiffi�Yrfa � *q%8 N,di•ess•• om . Mows Nwaj.lssd law yWs(irs0•.dli .;.' " f» irs u.w..•s7.m1r�• �a1-t�flNrriflr .,' .Awl .74riR N das+�•e'•s rYrius•.w�!�!.+ M. 41 'i • 07-12-1994 12:01PM FROM TO 7651823 P.04 ` • J - r • ,lett f .• `ve.e eedrwe y K1.6?•6rq d u p6Cee:.rlrnctslaa6 pn41 Ie6C6aisLenMSow „ i. '• r•: 'j,: •'.ierwv6�le6r,..ff mureeCoo,is�rlou elf./f't.K:.awn" i .. •� •JO.wc MM ill.44 feu to ee,N ' (bytes R6dogyt�stove�~ ,lent•stdIstbrr� It":dR1•llt~t A fb WhiRes f0 stee•4 L,K l l7.11 fMf a 1641 roI M lteea.66 +•• . lett: o *t a s test I len metgls•Yad yrt etere�t to . . ,rmeeV or Pere DwV .. . lois. to•dtt'. . • r," - fl),6e•a 4de6rete 61 etl•etNe (O eteoWePJn ISl.�l lice: tittYttM d.fre••1?Mad•o 36 Nteuds E,•t N,e6(tK: (Hoer i»,' South 36 dales•iT mlwN.io etemde Lel 133r0 race: ateee . r A N1j flora le depee• �T v 0 •eFeo g 163.14 rate: teweer.` " (�: Xertk!aege•e or tWnnea !3 ataewda Leer•160.0 rtK to Gt t� _. • tat,. of 1tiL Nr••'L a•Ae•also!66!41 eoslbrlr !foe err R4rs. ;'r'';, ••. •5 60 pw6 6!p�,oN6 40 seavn}e ®aw.fiT,as Mt to ter stdnl or sl•M, f Ir 4. 4• l• .•. y •, '. • t • 1 II 07-12-1994 12:01PM FROM TO 7651923 P.05 i r. • 1 ` USA sealed W die•e•t' • .^-_.+ a 1t.tl..d t0 tie , WRs1l8Ai tM0«l! .. - s. tudkR�� Peeetfeeu est passed snj jAf Wild + - dR�llM K•[«ere!'Nsyilt{u�Ca!l�lelr Fre•aL'Oi• •t. I• r d•e�ahYeageuowsstsr sM�ldP•• •y pfrleetee .. • - 'Dlalersale!mend to,[ eeX°red}.. . .' . ,• �,,.alf�• rb+i pieelewsi;,ied.• ' e d We .. .• . . = .} tMteto - a msSM Mdreiis eoD,le tM �t�RCdS the deelate • , .. .'�:. • :�. r r j. yrete[selH aro eelrf yerawl W Neteld a boo eelt�ad p 1 . netrtgioh dee O/eottprr•'V[Y!'rPe Y ' for tOe Wrf •.:ri.'�• t •• •of tii eeee:. Neel wU.ee,d nYdrntn -•.. •,(•.� ROM_r 'TACE*OILt. tM w�l�l'Stb+ N..�!le::. .. '4' _ ' ','+'1•� ` rs d feet be esd the • coee�.,.. .ea•r..n'ktla�:b''tl!e1f" � . of nd� . . • .• sir ta:,gr ecndltOenrr - . ;•,' , V. find every'V�' / ieee�eellterr �iy deed tttanebad! y.�• ;:• ,i tIM aeceW�e/; .. � eelee•MRr�el�Tw ;,�a •; , tTIYNA■�tl.bi:M eet•b tOe(olleadgl �• •: -• , ! • �ertetlps• •"ler'eud"p[eria VMd ler'e6!rsdelWse••...S+r.,; •t, t1r itsde a - . • i e or[sad.IV �Olr.�ltemiMe eeld' . `- , II 07-12-1994 12:02PM FROM TO 7651823 P.06 a t i• �.r(,'' •. �:rlM.Nrl Shop or New Iyr+tmrO".;,r here rtor mad tow neral Cary 1 , • , .� "It: 'l'Kt vi; d"olrnrr vm used M'rvtn rin•sets lij Iedlmldtrl, ebepdNtlan •� i .. ,•�^ ysatleedlo artir it lex any pertlee of the prmtarts deserfied in � i .• i ' :•i • �eaorl$•A°.ntitd>rtil.Irreltt .. -�• .. .. ,1..•no byt •' rYilf t1M/K rtruc(Yry eT tiny NAry lqr de■erlpitea Mair be • , •..:!1^:. s 610;("or Mabrnamed upon Any Itrr d■eing nn arae.M I►mi then 10,MO seasiro ''�,• � toil..ora■ attrtltd$m wldti of I.N than Ino fail At the;Mlhllt>s Ileo• 71 �` d.. 1f!'trrf.d hay 1maddlnee And/or strurtu:, e■c.pt eeeevve.d:tip•. ` t' •. '! V d1!�e• rfffaNa:.ptlan•uM ehYnsry br,•..t. •hell lurstrd upew"It.;I t t tAwa W '-f00 113111-fool,fit the,(wywt Groot Itit, of thelet nertrith•n ft/uun i •':.t (to 6W,bi.1iq ddti Mae at" lir; ■fir"hip tiNty 001 G•oT of the rear tIN M,the Ira, ozetept thei in the no of a.verwter Int A ligliding Asti be requlrt d • .• •'}! to ywayV.wlti'the (rchd yard restrictions M ,cram ser"4 frrreMly Orevidpd; fle •��. "at fid width d M the sr M an sbuuing the street noir than ehetl I «•' ', eVr mNei the lot MMT/ $hall ter'nm team than tbiny(lOt�fwt. ` "h }' N - 1.. k1b"let tilydt Dm usedler pMvsV yowler: Irl r f• ;a:•, a :�. 1 i D pu poor• $ely (of as t i 7 •5 retiwleheL:sfTiw tA• (i11j�eHan x deal:•realden{eAerelwl sedan ! f ,,�. :• ; :- t •�'"• 1t "'adfN mut atrn:af any Nturt, ,v dverrlytton.VhaAwiw►~I b, t - a . `-,�•'.,•.•+'J 11 '41 , Lh".T4.pdssdt Mated or.ntdlnrlwod fitiapaS Ifewy'irindo/telred I' wV fiittllp liteI tat to evsood tow bad nth--h ditsl/11 NRrle..ln•dr/sT+4 of Grohs/piovi1put 16 pfap sti univipd to the owning by o&-eNriNf• / '." • '•,., .• Mialfild,relsgosly breseseey jos perish red shell M dadtw.o attArhed. no. �:�''- ;. - :y. eM!MK�'d■M1iMgeMl) 600111114"leN than 1400 awarv:rsy M wdOY nwer. .t. . ;;:. .r•jam SIM M:Mti aMeas•helf or l e awl ni rwhalr cur J•ermn{r�..Mlt eerailn .. ii j' leaf/Own 7M stMsir retic of mile hex ■re@ nn thr AM finer or gre,ald. . •',,;. .�;i ;.:`, _.. . • ':' ,. •. � i .. e • fess Y.:y F- • •i ;� 'M or rrWd4drAp. e,ul•IIWNI etiNtilldl■M,'bnti •et�� Oji Sf '��'. Si• , • • •},art:1. I�� '' m . ` . • ' ' a — 07-12-1994 12:03PM FROM TO 7651823 P.07 r •t .. .. ,; " sr erbra aMW Mwealii 11�•rA! ,,•. stied or et\ee'e&,Wtute.of.jhataes•�er bird _ _ , ufed'ar sjswird an sw7 le► •Y ��' , er add wasart aaa.lMdr. .! t, :. .. t, • po lel etutl he suadla6e4 eawegad • _ ., with"d the written Consent'd bt!el.ndtr •� ',r,r No trailer. bafatiud. tam, f0adc Q prdlw*ban be rade >ti . • PVa• mairpined;.seed or o,Nrtad on*try tat rOr'waa u• t1ewM•nae tefalr taa� ' �ti>:ratietlr or.partmnamly. .•, '. qe.iP`or aay ttnd.otir•r tlrw the oa�l'mill rrtettAraYst rw r .It .r.ala aa►"sal+.�. Iy It ' .n.n w:.tote4 a.iraiera of dyrtayed to w r!alu . • • I the yn!'¢n aai104te�!ltaaa{,.at ttlsn eenae.2 d DeelaraM�.' tsdi��7.. • !:�; . rpe sucheoad[Uol+ as the oaeun.Aa mal nraelll!• •Ta1rlr++wMrt . i e►ail d oot hs'eererprehtalt slttns ese'd•Lr the Deelaraab or tM was . • ao{fll�d tM•DaeunMs. '.�. : �: . •. yo. tte tewe«. .liselwtj raeeiested or test to AN/M.'`• '•, .? •. 1M D�elaarrr Ir f 1, ttt♦tttli to land'in ADD,"atraet Waaa�.m•laid Cot . ar' ia�.r w Dw4tarrl :': .. ' solwdyad or 0*dad$0,40 cenwrd to thr ealtrr atv .: �'� dad'a •fai�w�iM. w " . 'iresehM ue or ali talld I>.ine M w had of IMP 4.• , '•;, iurtMr t4a.rwa,uv to•Wmay I*DRY fo**t IWAft n},. -iW a my MM s a rot Pate ab'aa�• • .( '.i tf1H ind llderest er-DasiacatlN!/ . t, :, i ds s a.SAN, ; �a:•r:• lc 'l aamti tM Deets' ate q awl eitr daeO ti es�� • `,r ... a 13. t\a aflerier ar",,"ref teateeai at b ON an i :� aaJ/er�altrrctueN./hall,►r Mat et.Wei'enatalm Colmial. tl*ca br : LLnd !'artllataad e\anetsr and daa kr. or of swap e0trr daall'.�1a • _ •alyraiad►!1M C!euranea In or1tiK •� :.�•. • . atnetard, t. t�, pe:�arudlnfaldlai d W, •. " . .' t P y . M'srwell� Nei shall�e•1�^�!'a thi.'far wers'MKd .X :...r dIl 07-12-1994 12:03PM FROM TO 7651823 P.09 0 . . •• �. • a ldiggeba to any bed aOd/or aZeueWre tnr ._ y i!e►allerilfoesupos o< . '. .i I I ►• tlewttatd. _• 4w • eYleauMd..b,lldins , • ' asaAseises fid until alRp. rt ,.k seeeelary+to detersfae til♦, .. . Slee'defined. . �ypropri�t"I d the rrirrior'arehiteetue3l features attl -.. • d d W wma blot been [lest apprdred in rritind try tM Oee6nw; A71, , . y ' 'coadlruottost palating and,radlry,shdtl be cvwapleW NMa eee:(ll y e •a few dfRr eameaes !of Construction. . . _... . •' w+ dhatt•haef and beYab}rew 'rye the rjgI without , ."1s. •TM oeclaraota• , moryape er 0t ar*for. to give e'olrrnti. to _ .. Y..`. �peat'st.any oenst•. to 1�►Nolo Agreements"d trYt Mee/Ofead !a perpatalt7_or e'lhflaYs. ., .Y 71 C. eywiele, not. lNtsom e. /h2. grater.and otlwr Ira<Ile etluly eaeaplidee eP t. ••, 1 . . '•t' - �trelefy.l orierfr9[Mnul suehofllY to.erect.'1Pau1(and.gaLWln' sad ele�erle eypwatow and *41' e�in, owty through. ander. • ' i - h r- tsleohw t • er end lldag the property lined d any plot or tel roe or hertaft'r laid Out. .. i� . . 1 apaafeatd.pndeae for a dlisconee net ra:eefdlag taw+idl feel In eid{b. I f etlte•tgh. rdet� upon and a"any ofreet..rlght of fay or atttrr• � S �s.. . ta..wee. . ! Denver tlpreLfker Istd out upon satdyrelataed • 1 r i tt d the alneedsid �. L. Tun Deelaee,.adt 'Wowther eF m!oeniog 0 pu ate• s ., :_ • ., mer" r - st flail Owner. I�a.gee of ilthge loner. sn!vltheirt the sow A, rnfrw.eN rdgts`at any time to aline, erdly •1 haw the r1�t sd Meeh!' t+luld wfe pert. acry or alt d dleeeildlffoer. doeetrdar dly:, - 1 •.I reeel, bet,f.Ab 6 clip Deck ration of to`an7 lot m.low or Yu were. • �,• ' � ttw aleti;fdrA peemliee: • •. •.? t . .� _ ' • . t TW& eef&"otf.mMll he"the rl(in arid.Mroiry U ; .� .�d webaif• febeqi do utotitle m say Pet-1 so a . _ ..+• �• - • end peerrn of the Declare sap me:ft'er Nur et�p+en. „ 4 bin lirjealai a, in"wer"bl►,fbrul. and ecu wiper . 07-12-1994 12:04PM FROM TO 7651823 P.09 . .. R hat ""o to ssy P.R•d tks tira.«ISvNMee!! Wftrl er net doth a■sipl, - •• i• eli�k■rq tM taaate right• end P"grs ted he.■eb�@d r t ter•red 6y and gten atd iewsn■d by the Dodoef�s'• .t: , t. aril dyne@ at an to -- • - hfrernder. .. _ e ndegKe title to tM P" teddy aM`}ataa Quant . ,17. The'Declar@nt .a rtw! ond •d iLt Pt•@eatiN a�riate�tld'•e r lerated at tho tooth vPttt'Gornee •Ma1fro"'N" nn the ett■P paltlgt "Mai or�fillewp.!•rraea sodiw:o.!t .1 (tied 1 i the f,N1tN or r" . prii■tt Teen d Scathe"id..9eKelk�mrtY, key yet • .. . tlli Clack.d(tte'f-^antY n<9ufffilk. an the t•th day-ol NQvmm"*: ~00110�tdr the Sy07', �}ailaRor te(eered to Y illi"Far", t ' ' oie'a■�e1Q•Yta Z of ell mot LLW Prtld/e■ N.Jortlaw tlotion■■f!a•7 from Unw&Ze t(me�d eo sSeh i7aboMhle ruiN wad r•N - - . • • - ouhlleh�rd hr +he Deelarsnt w .. lA. Erery.ower of @aid4reeafatf. or■uY portion dh/r@ar,.bY tYr •� i lip D@CUVS oar.d! :' leeePlepee t(A deed thereto. co!wcamob and e W the Idjd■Y'.ot May fa eael4 dnd.ewry7e ar, as area+t eharV t*U e/d b '. peclae';•u W PY•\II gooft tasty uweNd aPae.the.Ort'�t a{.ailtdece d Nid itF■dfs akL"P!sk orad ' had PU7'4O1e'd• fed.tha toot - t me - @Nlr not. taa•naf• • godsgodstit el. • PfayQaynd".''Sech 1146.1 Gharg@' . jrellb ew MM debar Of tM.uN• lord ealegtba of thf P oodeve . aee�etrret■tatrl e.neQ lr each eatear a (l•dd/wt 7eafyk!tM fKl .' r Fh■ t OW !a" of goatMld.• he .ent'tltt cook vasal ehaerl/s�f •.�, .�Y: �. • q .r'.'ayR.w :.hen are, lht'fdtnt anal kl..n, "d roods a Via.GPM _, - `' -'. .�:''• • d tl+d ., such.e..et ata'1 ped and D•eetrt+wt•,@half late eke rfaht.ta ', wild M ta(n," lhtUa ■t 00"44'tY aep @coo atlhefitld DY 1M• s. • - p. Thi,@.Ded■eati�e .hail a 6wuD ep, tndey .. �'• yted�e'eNsrgi■kle kY the or•nhnMr.inNr@wN■■era and a■ep� 6096 . I r . . .. �• .. - :a• .thy lt. .•. 07-12-1994 12:04PM FROM TO 7651823 P. 10 L i . J II •I . _ r i , I . f 71, ' u■■pi/in eller .r their♦,retldaerf d{d tatM s4//hl.K 4he D■el�rnau, eel `r• ' �v/Snet this pdEler.tfea■i rib-in PrnLnFintfal OA � �. .... . .. r •,_ •.•y•'.: Door d aw J ow.of OW afeeeMid PAIdNa• tMlF helMrePM/fe• , d the rored■lnd to ' :• 4. s ' ssoeesten}M u/lcTh/; 'And The hilrN byhahry a _ • r wfi yry it Back Ve{diltells; cow hdnt/ arhd restrictions a1r11 M eo eeeat r . r oal.er d be riRin d de oo tIRN■fte r,is 5 the jnwgteer the e.r■eni■,dler rwl�, - �wveheha and yne 4 reef. sett One■e0%!• prrwnnl;le tee tyrm■,M aAroial will not re-seren■ehh■My with4d.peeenapt4ee■dltMn■. with ow land old�r■tl M.eoreroM a■ real roeen■e■,Teeethi/f.ed rwntela IM full iorerand efrets at r11 eine ti■p/rt tiv•. t . avow of 00 Premises or■nf PON-don Wired u{{tll RM tense day"*(OeteSlr, t074 at wMClt tole,e{l of thnpreetetoe■•MNef ahatl be artoaellnlly 00' '. r ! eyatd,d ter aret+eiif*perteda.d ft1K (Sl yen'• mlelN on or beton the . 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J , vJtr..w i rw• Alla ' • • ••i • �' ('• moi. .• 1 p TOTAL P.11 PLANNING BOARD MEMBERS Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald 1 Fax (516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 12, 1994 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Minor subdivision for Willow Terrace Farms SCTM# 1000-26-2-39.10 Dear Mr. Wagner: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, July 11, 1994: BE IT RESOLVED to adopt the bond estimate dated July 1, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of $21,500.00, with an inspection fee in the amount of $1,290.00 BE fI' RESOLVED that the Southold Town Planning Board set Monday, August 22, 1994 at 7:40 p.m. for a final public hearing on the maps dated April 22, 1994. Please contact this office if you have any questions regarding the above. Sincerely, ✓� � Richard G. Ward Chairman enc: bond estimate cc: James Richter, Engineering Inspector R1.YM0ND L. JACOB S : ^ J AME S A . R I C HTE R . R _ A _ SL'PERINIT_NDENT. ENGINEERING INSPECTOR SOOTIIOLD TOW HIGHWAY DEPARTMENT ..O. A�' �' Fax 15161-765-17'0 (516)-76!-30-0 O.E'PICE OF THE ENGINEEcZ ��+ or aovrxor.a BOND ESTIMATE for WILLOW TERRACE FARMS, Inc. SCTM # : 1000-26-2-39 . 1 ORIENT, NEW YORK JULY 1, 1994 ITEM QUANTITY DESCRIPTIOi7 UNIT PRICE AMOUNT 1 . 3 , 000 S . Y . FINE GRADING $ 1 . 50 $ 4 , 500 . 00 2 . 415 TONS ASPHALT BINDER COURSE ( 2-1/2" THICK ) $ 40 . 00 $ 16 , 600 . 00 3 . 4 EACH CONCRETE SURVEY MONUMENTS $ 100. 00 $ 400. 00 SUB-TOTAL $ 21 , 500 . 00 + 6% ADMINISTRATION FEE $ 1 , 290 . 00 TOTAL $ 22 , 790 . 00 ' ' -RAYMOND L _ JACOHS ti JAMES A _ RI CIi"Z'ER . g _ q _ SOWN HIGHWAEVT. - '•+" ®G'• � ENGINEERING INSPECTOR SOOTHOLD TOWN HIGHWAY DEPARTMENT y0 ., fax (516)-765-1750 � 01 1Tt �b� �P (516)-765-3070 O F F I C£ O F - THE E NG I N E E P_ �vww or avvz-noLa JULY 1 , 1994 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re : WHILLOW TERRACE FARMS Proposed Subdivision SCTM # 1000-26-2-39 . 1 Dear Mr. Ward : As per your request , enclosed please find the bond estimate for the above referenced project . If you have any questions please contact my office. S ' cerely, ?James A . Richter , R.A. Cc : Raymond L . Jacobs ( Superintendent of Highways ) PLANNING BOARD MEMBERS' Richard G.Ward, Chairman T p Town Hall,53095 Main Road P. O.Box 1179 George Ritchie Latham,Jr. d Bennett Orlowski, Jr. 'gr ; ., ^, Southold,New York 11971 Mark S. McDonald �( �yN Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 12, 1994 Judith Terry, Town Clerk Southold Town Hall Main Rd. Southold, NY 11971 Re: Minor subdivision for Willow Terrace Farms SCTM# 1000-26-2-39.10 Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 11, 1994: BE IT RESOLVED to adopt the bond estimate dated July 1, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of $21,500.00, with an inspection fee in the amount of $1,290.00. Please contact this office if you have any questions regarding the above. Sinnccerely, ,GAJ/ �K/a/ IrC�� Richard G. Ward Chairman enc: bond estimate 9 SOGTIIOLD TOWN HIGHWAY DEPARTMENT yp0 ��'' ` ENGINEERING INSPECTOR ., Fax (5161-765-1750 `?,�Oj = rbO` (516)-765-3070 - - OF F I C£ O F THE sOp x-n JULY 1 , 1994 Richard G_ Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re: WHILLOW TERRACE FARMS Proposed Subdivision SCTM 1a: 1000-26-2-39 . 1 Dear Mr . Ward : As per your request ,. enclosed please find the bond estimate for the above referenced project . If you have any questions please contact my office . AS ' cerrely , �1� �GYJL James A . Richter , R .A . cc : Raymond L . Jacobs ( Superintendent of Highways ) � G - ILAYMOI�D Z- .JACOHS �:-• '�"'"'�1 G� SUPERINTYNDENT. V' ENGINEERING INSPECTOR SODT!f0iD TOW HIGHWAY DEPARTMENT ;�y A Fax (516)-765-1750 —_y�l [ � ' (516)-765-30-0 O F F I C E O F THE E NG I N££.'Z rower or socrrriox.n BOND ESTIMATE for WILLOW TERRACE FARMS, Inc. SCTM #: 1000-26-2-39 . 1 ORIENT, NEW YORK JULY 1 , 1994 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 . 3 , 000 S . Y . FINE GRADING $ 1 . 50 $ 4 , 500 . 00 2 . 415 TONS ASPHALT BINDER COURSE ( 2-1/2" THICK ) $ 40 . 00 $ 16 , 600 . 00 3 , 4 EACH CONCRETE SURVEY MONUMENTS $ 100 . 00 $ 400. 00 SUB-TOTAL $ 21 , 500 . 00 + 6% ADMINISTRATION FEE $ 1 , 290 . 00 TOTAL $ 22 , 790 . 00 SiGic� FFo(,�-�o � S RAYMOND L . J ACOB S � { J AME S A . R I CHTE R , �. A . SUPERINTENDENT. • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT O Fax (516)-765-1750 I ! � (516)-765-3070 O F F I C E O F THE ENG I N F E R TONIN OF 60VTHOLD JULY 1 , 1994 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold, New York 11971 Re: WHILLOW TERRACE FARMS Proposed Subdivision SCTM # 1000-26-2-39 . 1 Dear Mr. Ward: As per your request , enclosed please find the bond estimate for the above referenced project . If you have any questions please contact my office . Scerely, James A. Richter, R.A. cc : Raymond L. Jacobs (Superintendent of Highways) 3 "p" i S e o�og�FFO(,�-�oG RAYMOND L . JACOB S J AME S A . R I CHTER . R . A . SUPERINTENDENT. • ENGINEERING INSPECTOR SOUTHOL O(516)-765 -1HWAY D5OPARTMENT Fax (516)-765-3070 O F F I C E O F THE ENG I NE E R TOWN OP 60UTHOLD BOND ESTIMATE for WILLOW TERRACE FARMS, Inc. SCTM /: 1000-26-2-39.1 ORIENT, NEW YORK JULY 1, 1994 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 . 3 ,000 S .Y . FINE GRADING $ 1 . 50 $ 4 , 500 .00 2 . 415 TONS ASPHALT BINDER COURSE ( 2-1/2" THICK) $ 40 . 00 $ 16, 600 . 00 3 . 4 EACH CONCRETE SURVEY MONUMENTS $ 100 .00 $ 400. 00 SUB-TOTAL $ 21 , 500 . 00 + 6% ADMINISTRATION FEE $ 1,290 . 00 TOTAL $ 22 ,790 .00 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS 15161 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER(516) 369-2065 P. 0. Box 570 JANE ANN R. KRATZ WATER MILL, N.V. 11976 (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN June 29, 1994 BY NAND Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold Tag Map No. 1000-026.00-02.00-039.010 Dear Members of the Board: I enclose herewith the following, in connection with the above-referenced subdivision application: 1. one print of the final plat, last revised April 22, 1994, which is stamped with the approval of the Suffolk County Department of Health Services; 2. Ten (10) additional prints of the final plat, last revised April 22, 1994; 3 . Copy of an executed "Declaration of Covenants and Restrictions, " which contains the covenants required by (a) the September 2, 1993 letter of the Suffolk County Department of Planning, as modified by resolution of the Planning Board dated September 13 , 1993, and (b) the December 14, 1993 letter of the Planning Board; 4 . Copies of the following documents prepared in connection with formation of a homeowners association to own the subdivision roads, as required by the Planning Board's December 14, 1993 letter: (a) Certificate of Incorporation of Willa 0 effrmn O Farms Home Owners Association, Inc. ; JL - 1994 .ouTHoL,77 PLAN', ,I- ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Town of Southold Planning Board June 29, 1994 Page 2 (b) N.Y.S. Department of State Filing Receipt for Willow Terrace Farms Home Owners Association, Inc. ; and (c) Declaration of Covenants, Restrictions, Easements, Charges and Liens. We have been advised that the New York State Attorney General's Office has given oral acceptance of the applicant's request for a "No Action Letter" for the subject homeowners association and that the formal acceptance letter should be received within the next few days. Please proceed to schedule the subdivision for final approval at the earliest possible date. Thank you for your consideration in this matter. Very truly yours, John M. Wagner /JW Encls. DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 1-; day of June, 1994, by WILLOW TERRACE FARMS, INC. , a domestic corporation with offices located at Willow Terrace Lane, Orient, New York, hereinafter referred to as the "Declarant" ; WHEREAS, the Declarant is the owner of property in the Town of Southold, County of Suffolk, and State of New York, shown on "Map of Willow Terrace Farms, Inc. , " made by Young & Young, Land Surveyors, dated August 24, 1993 , and last revised , 1994, which property (hereinafter the "subject property" ) is particularly described in "Schedule All annexed hereto; and WHEREAS, the Declarant has heretofore applied to the Planning Board of the Town of Southold (hereinafter the "Planning Board" ) for permission to subdivide the subject property into four (4) parcels; and WHEREAS, as a condition of granting approval for the aforesaid subdivision, the Planning Board has required the Declarant to subject the subject property to certain covenants; NOW, THEREFORE, it is hereby declared as follows : 1 . There shall be no future subdivision of Lot No. 3 of the subdivision. 2 . All stormwater runoff resulting from development and improvement of the subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow into Orient Harbor or Major' s Pond. " s7 i -1- ' U 3 . Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Orient Harbor or the wetlands bordering Major' s Pond. 4 . Access over the proposed roads of the subdivision shall be granted to all lots contained in the "Map of Willow Terrace, Section One, " which was filed in the Office of the Suffolk County Clerk on November 28 , 1969 as Filed Map No. 5407, as well as to each of the following parcels : Suffolk County Tax Mag Reputed Owner Parcel Number 1000-026-02-39 . 1 Nancy Douglass 1000-026-02-39 .2 Nancy R. Douglass 1000-026-02-39 . 7 Irwin D. Schorer and wife 1000-026-02-39 . 8 Nancy Douglass 1000-026-02-39 .9 Nancy Douglass 1000-026-02-39 . 11 Stuart Mager and wife 5 . The Declarant, its successors or assigns shall not be liable for a violation of any covenant set forth herein unless it shall be the owner of the subject property when the alleged violation of covenant occurs. 6 . The covenants set forth above shall run with the land and be binding upon the Declarant, its successors and assigns, and the Declarant, its successors and assigns, as well as the Town of Southold, shall have the right, at any time or times, to proceed at law or in equity against any person violating or attempting to -2- violate any of the said covenants to prevent or abate such violation and to compel compliance with the terms hereof and to recover damages for any violation. Failure to enforce the said covenants in any particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent, or other violation. 7. The covenants and restrictions set forth herein can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or of any successor to such Board, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of the day and year first above written. WILLOW TERRACE FARMS, INC. BY: 1 / NANCY R. OUGLASS, P SIDENT STATE OF NEW YORK) ) :ss . COUNTY OF SUFFOLK) On this 372_L day of June, 1994, before me personally came Nancy R. Douglass, to me known, who, being by me duly sworn, did depose and say that she resides at Willow Terrace Lane, Orient, New York, that she is the President of Willow Terrace Farms, Inc. , the corporation described in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of the said corporation. n NOTARY PUBLIC -3- FLOYD F. KING, JR. Notary Public State of New YoA No. 7267800, Suffolk County Term Expires January 31, lel i 17P 5CHEDUIE � a • CHICAGO TITLE 1NSURAN#COMPANY I the No.: 9408-00438 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, S7^;7?T_, y'I_NG, 1YD BEING IT ORIENT, IN THE TOWN OF SOUTHOLD, COUNT" OF SUFFOLIC AND STATE OF NEW ZOR4, WORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: 3EGINNING AT A POINT ON T.-T_^ SOUTHERLY :INE OF :CP.IG STREET NC RTH 80 DEGREES, 52 MINUTE'S, 40 SECONDS VEST 52.93 FEET ALONG SAID SOUTHERLY LINE FROM ITS INTERSECTION WITH THAT COURSE OF THE SOUTHWESTERLY LINE OF SAID {ING STREET WHICH RUNS SOUTH 40 DEGREES, 00 MINUTES, 10 SECONDS EAST, FROM SAID POINT OF 3EGI4NNING :RUNNING THE FOLLOWING THIRTY COURSES: 1. SOUTH 9 DEGREES, 12 MINUTES, 30 SECONDS -REST 186. 65 FEET; _HENCE: 2. SOUTH 80 DEGREES, 47 MINUTES, 30 SECONDS EAS? 73.64 FEE-; _2�NCE 3. SOUTH 20 DEGREES, 07 H:'LUTES, 20 SECONDS EAST 94.98 FEET; THENCE 4. NORTH 72 DEGREES, 34 MINUTES, 00 SECONDS EAST 36.70 FEET;_ H=NCZ 5. SOUTH 11 DEGREES, 21 MINUTES, 00 SECONDS EAST 141.20 THENCE 5. SOUTH 10 DEGREES, 18 MINUTES, 40 SECONDS EAST 171.38 FEET; T=NC-E 7. SOUTH 03 DEGREES, 36 MINUTES, 40 SECONDS NIST 130.20 FT-; TSI=NC'' 3. SCUTH 53 DEGREES, 00 MINUTES, 50 SECONDS VEST 176.10 9. SOUTH 27 DEGREES, 17 MINUTES, 20 SECONDS EAST ?3.00 F__ _TNC^ 10. NORTH 88 DEGREES, 21 MINUTES, 50 SECONDS NEST_ 81. 11 FI'_; THENCE 11. SOUTH 01 DEGREES, 38 MINUTES, 10 SECONDS VEST 390.25 F_I _^ENC: 12. NORTH 46 DEGREES, M MINUTES, 00 SECONDS 'NEST 57. 14 13. NORTE 01 DEGREES, 38 MINUTES, 10 SECCNDS I157 489.37 , THENCE 14. NORTH 88 DEGREES, 21 MINUTES, SO SECONDS WES^_ 210.00 _'_, ^ CE . NORTH 74 DEGREES, 05 MINUTES, 10 SECONDS -NEST 134. 51 FEET; T-INCE 16. NORTH 10 DEGREES, 19 MINUTES, 00 SECONDS 'n'EST 150.95 F7. _ ;ICE 17. SOUTH 88 DEGREES, 21 MINUT=S, SO SECONDS _.AST 110.0 13. NORTH 01 DEGREES, 3a MINUTES, 10 SECONDS _AST '_50.0 F_,, , _HENCE 19. NORTH 88 DEGREES, 2- MINUTES, 50 SECONDS WEST 190.0 F ; T_=NCE 20. NORTH 64 DEGREES, 26 MINUTES, 30 SECONDS VEST 97.42 F_.._, _HENCE . NORTH 57 DEGREES, 30 MINUTES, 00 SECONDS EAST 25.33 THENCE 22. SOUTH 88 DEGREES, 21 MINUTES, 50 SECONDS EAST 174. 17 '_D ?HENCE 23. NORTH 04 DEGREES, 17 MINUTES, 10 SECONDS WEST 217.95 ? • T_iENCE 24. NORTH 81 DEGREES, 17 MINUTES, 50 SECONDS EAST 19. 75 F___, _HENCE 25. SOUTH 26 DEGREES, 42 MINUTES, 10 SECONDS EAST 120.0 F___ • THENCE 26. NORTH 89 DEGREES, 03 MINUTES, 00 SECONDS EAST_ 103.20 F___, T4'2NCE 27. SOUTH 01 DEGREES, 43 MIND TES, 20 SECONDS WEST __9. '� FEET; :='NC' 28. SOUTH 88 DEGREES, 16 MINUTES, 40 SECONDS -EAST 160.00 29. NORTH 09 DEGREES, 12 MINUTES, 30 SECONDS EAST 306_08 F___ ,To -HE ySOUT_RL_ SIDE OF ICING STREET; 30. ALONG SAID SOUTHERLY LINE SOUTH 80 DEGREES, '4 MINUTES, 30 SECONDS EAS? 50.00 FEET TO THE POINT OR PLACE OF BEGINNING. LECAL -LEGAL DESCRIPTION- p CERTIFICATE OF INCORPORATION OF WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. (Under Section 402 of the Not-for-Profit Corporation Law) RICHARD HERZBACH, being of the age of eighteen years or over, for the purpose of forming a corporation pursuant to Section 402 of the Not-for-Profit Corporation Law of New York, does hereby certify: FIRST: The name of the corporation is WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. (the "Corporation"). SECOND: That the Corporation is a corporation as defined in subparagraph (a) (5) of Section 102 of the Not-for-Profit Corporation Law. THIRD: The purpose or purposes for which the Corporation is formed are as follows: A. To promote the health, safety and welfare of the residents of a residential community proposed to be developed by Willow Terrace Farms, Inc., a New York corporation, on lands situated in the Town of Southold, County of Suffolk, State of New York; and for this purpose: (1) To own, acquire, build, operate and maintain land and facilities for passive, recreational and community use, including personal property incidental thereto, hereinafter referred to as the Common Properties"; and (2) To enforce any and all covenants, restrictions and agreements applicable to the residential parcels within the above described planned residential community and the Common Properties, hereinafter collectively referred to as "the Properties", (the enforcement of which is not specifically and exclusively reserved to other). n B. To make and perform any contracts and do any acts and things, and exercise any powers suitable,convenient,proper or incidental for the accomplishment of any objectives enumerated herein and in the Declaration and By-Laws of the Corporation, but not for the pecuniary profit or financial gain of its members, directors or officers except as permitted under Article 5 of the Not-for-Profit Corporation Law. C. The Corporation, in furtherance of its corporate purposes above set forth, shall have the powers enumerated in Section 202 of the Not-for-Profit Corporation Law, subject to any limitations provided in the Not-for-Profit Corporation law or any other statute of the State of New York. FOURTH: The Corporation shall be a Type A Corporation pursuant to Section 201 of the Not-for-Profit Corporation Law. FIFTH: This Certificate may be amended pursuant to the provisions of the not-for- Profit Corporation Law. SIXTH: The office of the Corporation will be located in the County of Suffolk, State of New York. SEVENTH: The Secretary of State is hereby designated as the agent of this corporation upon whom process against this corporation may be served. The post office address to which the Secretary of State shall mail a copy of any process against this corporation served upon him as agent of this corporation is: P.O. Box 773, Willow Terrace, Orient, New York 11957. EIGHTH: The name and address of the initial Board of Directors are as follows: James R. Douglass, Nancy R. Douglass and Robert G. Douglass each of whom has an address at P.O. Box 773, Willow Terrace, Orient, New York 11957. IN WITNESS WHEREOF, I have made and signed this Certificate this 2nd day of June, 1994 and to the best of my knowledge I affirm the statements contained herein as true under penalties of perjury. HAR ERZBACH The Financial Center at Mitchel Field 90 Merrick Avenue East Meadow, New York 11554 STATE OF NEW YORK ) ss.: COUNTY OF NASSAU ) On this 2nd day of June, 1994, before me personally came RICHARD HERZBACH, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged that had executed the same. Notary Public ALESSANORA 7ANYNN WANYWBLIC.StM NNswy" 9406010 0.0 V? CERTIFICATE OF INCORPORATION OF _ -- WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION, INC. `Under Section 402 of the Not-for-Profit Business Corporation .- Law of the State of New York : _.- _ r >:. i. : SIATE,OF,NEW YORK L a DEPAR ,Of. STATE CERTII MAN BALIN ADj ER & HYMAN FILED, JUN 07 1994 -T'he Financial Center-at Mitchel Field 90:Merrick Avenue m 4q� r East Meadow, New,York 11cD 554 x ^ y ;'1< "�.-tw `til ,-, LL1 r • r RAttn Richard Herzbacli; Esq t ILL L s r vr.-n-� -e.sqw 6 t a' �t ��J �'�r?1�„$?".z 1 �',^r�,�,'T f S.-.:+� k �s t t Y y'. as ] -T.h .v ,J T` +SY+ S'• � 'T ,kn.� {r'• .,,, TIP i L.L 3"l ]WPfaL^rk - .'+C-h�Y�.T"I ( -.3^fL�•'EL.-. A '-t -- FaFrut1"X Y'NS- '". dsV� 4FIll 'R"Lt2 0 `'`^ f ' 3 ,1. `','.s ✓TJe `L&.Ly C,in xs-.ra d 'r"^F' Y ti ^`74a'�':*l ?t 'xTt` x v 4"y e+•G e:� i h ex F J rte. xr r1 nM. ♦�� ' �3"YC'S'A.t 4'v '. 5 i e N a y{� , �'c �. a.:, ! r Y W ,� A9��''Y'^'" ..+�dr J'q�4ta n - 1 •r t , tr r x x47,�f4.i^'1'4' ax '4 r-`�+. ,pr `�- 4;' h:- y 'n3+`y � +rn d'Ya'ksk>..'t.p I ik ♦''r ..�i t .�` Z 5'" '�J--p Ya_Mr :A.rte+ e r - 940 f 0 'T 00017-72 � N. Y . S. DEPARTMENT OF SIATE: 162 WASHINGTON AVE::NUF DIVISION OF CORPORATIONS AND STATE RECORDS / ALBANY , NY 12231 V FILING RECEIPT CORPORATION NAME : WILLOW TERRACE FARMS HOME OWNERS ASSOCIATION , INC. DOCUMENT TYPE DOMESTIC (NOT—FOR—PROFIT) C.:ORPORATIO TYPE : A COUNTY : BUFF SERVICE COMPANY UNITED CORPORATE SERVICES FILED : 06/07/1994 DURATION : PERPETUAL_ CASH x : 940607000734 FILM : : 940607000672 )DRESS FOR PROCESS ------------------ THE CORPORATION PO BOX 77:3 '�� _ W l._I.,,C)W , TERRACE ORIENT , NY 11957 "* (�' 1� FtE'I:ISI'E:RE:D AGENT ------------------ d ttRN ,. c=r=e--r-=-==a=r..=::_ :: e.^.:=—_000==c====: __-_ :_ =oe=_.=a s.a.-.:=ec==.-::__ o =:=er.=eovvrc a= c=.::_^...__--.-_• FILER FEES 110.00 PAYMENTS 110.00 CF..TIL.MAN BAl_:CN ADL..ER R HYMAN FILING 75.00 CASH 0.00 ATTN RICHARD HERZRACH ESQ TAX 0.00 CHECK 0.00 THE FINANCIAL CENTER 90 MERRICK AVENUE CERT 0.00 BILLED : 110),00 EAST MEADOW , NY 11554 COPIES 10.00 HANDLING : 25 .00 REFUND : 0 .00 DOA—i025 ( 11 /89) i tute of New Vork ss: Department of#Wft I hereby certify that I have compared the annexed copy with the original document filed b y the Department of State and that the same is a correct transcript of said original. Witness my hand and seat of the Department of State on !'. !t! Secretary of State DOS-M(12187) (CLS ESsEKS, HEFTER & ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER(516)369-2065 P. 0. BOX 570 WATER MILL, N.Y. 11976 JANE ANN R. KRAT2 (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F.WHELAN May 18, 199rP u -....3( Town of Southold Planning Board Q Town Hall, 53095 Main Road _v...._. , .' 1 D T0'jVF P.O. Box 1179 ICBOAND Southold, NY 11971 Re: Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold Taa Map No. 1000-026.00-02.00-039.010 Dear Members of the Board: The Board granted approval to the July 20, 1993 sketch plan for the above-referenced subdivision on August 9, 1993. As the Board is aware, since sketch plan approval, there have been several discussions among the Board, the applicant, the Town Highway Superintendent, and the Town Engineering Inspector regarding (a) the requirements of the Suffolk County Planning Commission and (b) the improvement and ownership requirements for the proposed subdivision access roads. The discussions regarding the subdivision roads culminated in certain revised road requirements, which were reported in a December 14, 1993 letter from the Board to me, as attorney for the applicant. Since the Board's December 14, 1993 letter, the applicant has engaged special counsel to assist in the creation of a Homeowners' Association to assume ownership of the subdivision roads, as required by the December 14, 1993 letter. The applicant has also been working with the Suffolk County Department of Health Services since last September to obtain Health Department approval for the proposed sewerage and septic facilities for the subdivision. To date, despite continuing efforts on the applicant's part, the Homeowners Association and Health Department processes are not yet complete. Accordingly, I hereby request, on behalf of 0 ESSEKS, HEFTER S ANGEL COUNSELORS AT LAW Town of Southold Planning Board May 18, 1994 Page 2 the applicant, that the Board grant a nine (9) -month extension of the sketch plan approval granted for the subdivision, as set forth above. Thank you for your consideration in this matter. Very truly yours John M. Wagner /JW Jy PLANNING BOARD MEMBERS Richard G.Ward, Chairmana ry Town Hall,53095 Main Road George Ritchie Latham,Jr. '_ "% '? P. O. Box 1179 Bennett Orlowski,Jr. �y Southold, New York 11971 Mark S.McDonald 7n r Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD AprA 27, jig9 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: U);kkow 1err ,ce �4,ms 2.x• Tax Map No. : 1000- 26- a- 34, a Street Location: tc 5 ee W:l(4w torGra L�„e Hamlet Location: Or 3 A Tempe of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated Comments: ?XeXAe pm rna ' _V / Contact Person �� -�•n-:)i)ce.,,, �� PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. �,•. '/ Richard G. Ward !)J - ? t� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 til 197-3 Harrison Demerest, Jr. , Secretary Orient Fire District P.O. Box 41 Orient, New York 11957 Dear Mr. Demerest: Enclosed please find (2) surveys for !2j//yo Sit 6S diy,1<5/viy It,-1,Z o w 1 C''rQ fe6L F/12. rs' sciti�/ u�z-; Please notify this office as to whether any firewells are needed. Please specify whether shallow well's or electric wells will be needed. Please reply by�, 19 Thank you for your cooperation. Ve r ly ou s, AV, Vhl�airman enc. Called �Wice -.no (-esPf4le • S&- 0"n0 )6L copy 11LS/9y ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER(516) 369-2065 P. O. BOX 570 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F.WHELAN January 21, 1994 HAND DELIVERED Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Subdivision at Willow Terrace Farms, Inc. , Situate at Orient Dear Members of the Board: In the Planning Board's letter to me dated December 14, 1993 , the Board stated, among other things, that: "In addition, a Homeowners Association must be established as the type of ownership for the road areas. " Since the Planning Board's letter, the applicant and I have discussed the formation of a homeowners association with Richard Herzbach, Esq. of Certilman, Balin, Adler & Hyman in East Meadow, New York. In addition, there has been some question raised by the surveyor on the project, Young & Young, that the Planning Board's requirement that the fee title to the roads be conveyed to a homeowners association may reduce the subdivision lot yield, as previously calculated in the yield map submitted to and approved by the Planning Board. Please confirm that, if the 50-foot wide strips underlying the existing and required roadways across the subject property are placed in the ownership of a homeowners association rather than the subdivision lot owners, there will be no effect thereby upon the yield map or yield calculations previously accepted by the Board. 2inhil _l ;SCuS$A Wo She%. ?.3. aeuptrJ Y;r1J plan dy rcsyd.rF:ah ��A pA.%. I, t993 JAN A 't• VC M9 Y�\[M Vfl 6C 1- TOA at &04 4 tO JAN 2 4 i..v . se J'es�Sn�A as sy.fat( Parch owned Ihy "GA. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Town of Southold Planning Board January 21, 1994 Page 2 of 2 Mr. Herzbach has suggested, as an alternative to the homeowners association required by the Board in its December 14, 1993, letter (which association would have ownership of the roadways) that a "maintenance homeowners association" could be created. The maintenance homeowners association would be established in a similar manner as an ownership homeowners association, except that the maintenance homeowners association would maintain the roadways but not take fee title to them. Under this scenario, fee title to the roadways would be in the adjoining lot owners, as shown on the latest subdivision plan submitted to the Board, and easements would be established by covenants to allow the several subdivision lot owners access across the entire road system through the subdivision. Please advise if the Board will consider the above-described "maintenance homeowners association" as an alternative to the ownership homeowners association required in the Board's December 14, 1993, letter. I await your advice on the foregoing issues. Very truly yours, John M. Wagner JMW/lmk cc: Ms. Nancy R. Douglass Mr. Howard Young Richard Herzbach, Esq. v7 - tie PLANNING BOARD MEMBERS SCOTT L. HARRIS Supervisor Richard G.Ward,Chairman George Ritchie Latham.Jr. - J7l t� ,�� ' Town Hall,53095 Main Road Bennett Orlowski,Jr. - - P.O. Boz 1179 Mark S. McDonald Southold,Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516(765- 1823 TOWN OF SOiTTHOLD December 14, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, New York 11901 RE: Proposed Subdivision Willow Terrace Farms, Inc. SCTM# 1000-26-2-39.1 Dear Mr. Wagner: As a result of the field inspection the Planning Board conducted on December 3 , 1993 , the Planning Board members discussed the road specifications for the above mentioned subdivision with Raymond Jacobs, Highway Superintendent and James Richter, Engineering Inspector. It was determined that the current highway specifications would be modified and that certain minimum road construction improvements would be required. Mr. Richter, with Mr. Jacobs' concurrence, prepared a report dated December 6, 1993, confirming their recommendation for a reduction of the requirements of the current highway specifications. Their recommendation for minimum road construction improvements is contained in the attached report. The Planning Board has reviewed the report and is requiring the road construction improvements described. A Declaration of Covenants and Restrictions is also required stating that all lots contained in the Willow Terrace Section 1 subdivision, and all parcels which were created after the approval of Willow Terrace Section 1, shall be granted access over the proposed roads. I have enclosed a map indicating the above mentioned Parcels for clarification. In addition, a Homeowners Association must be established as the type of ownership for the road area. Road profiles in accordance with the December 6th report must be submitted before the Planning Board can proceed with their review. r Willow Terrace Farms, Inc. December 14, 1993 Page 2 Please contact Melissa Spiro if you have any questions regarding the above. Sincerely, gvef Richard G. Ward Chairman enc. cc: Raymond L. Jacobs, Superintendent of Highways James A. Richter, Engineering Inspector clu�ec� w 11. 12,ltyI43. III 000 IININ �O,i O O O � •` � ! illi Bei€:' x i •i:i w W W W W W � � �.t . t ` n .6 'A °00aAl N a 's woo i a: I utw ♦ S 1. x •i ea.i9i . iK ,� •1 1 Oil 4 xx x o s i �1 'x / � � y 00 • i I •_ O A 9 v �n o a n c $ Z. .. D0 m n � 7 _ g of 0 0 z IO r o r G = i N � � •� p • Ml:IF:d(k�o /RAYMYXICZIM L. JACOBS iJA:�S A. RICHTERINT-=ENT OF �' +'0i `�` ETGINE.YYI_`1G AYS O� L`1SPECTOR 765-3140 76-7-3070OF?ICE OF THE ENGINE= TOWN OF SOUT'dCLD Mr. Raymond L. Jacobs DECEMBER 6, 1993 Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic , New York 11958 Re: WILLOW TERRACE SUBDIVISION King Street , Orient , New York SCTM # 1000 - 26 - 02 - 39. 10 Dear Ray: I would like to take this opportunity confirm the outcome of our recent discussion concerning the road construction for the above referenced subdivision . Site inspections have established that the existing stone or shell road is considered to be acceptable to take the place of a stone blend sub-base course . This existing road should be fine graded to a width of 16 ' . Additional Stone Blend material may be required to maintain uniform grades . The fine gradin would 9 remove o e any existing potholes and provide a uniform 3" crown that would allow the road surface to drain properly.Y• After the proper gradeshave been established , a 2_1 /2" lift of Binder Asphalt should be installed aser the he Towns Highway Specifications . Y i P ons . The above referenced w is uction of the requirements indicated inkthe current rhighway ed to especifications. It has been decided, due to the existing conditions at the site, that a waiver of the current highway specifications would be appropriate. The minimum road construction improvements that were listed herein should provide adequate access for all emergency vehicles . If you have any questions or require any additional information concerning this matter, please contact my office. Si erely, mes A. Richter, R.A. S Highway Department •Ms Town of Southold p/1 Peconic Lane J Peconic, N.Y. 11958 NAYMONDL.JACOBS (516) 765-3140 Superintendent (516) 734-5211 FAX (516) 765-1750 December 6, 1993 Mr . Richard Ward , Chairman Southold Town Planning Board Southold Town Hall Southold , New York 11971 Re : Willow Terrace Subdivision King Street Orient , N . Y . SCTM #1000-26-0239 . 10 Dear Chairman : I concur with the findings of James Richter R . A . on the above subdivision . Very truly yours , RAYMOND L . JACOBS Sup ' t of Highways , Fl _ - Sc.�,Frc,G Highway Department Mg Town of Southold P� Peconic Lane Peconic. N.Y. 11958 RAYMOND L.JACOBS (516) 765-3140 Superintendent (516) 734-5211 FAX (516) 765-1750 December 6 , 1993 Mr . Richard Ward , Chairman Southold Town Planning Board Southold Town Hall Southold , New York 11971 Re : Willow Terrace Subdivision King Street Orient , N . Y. SCTM #1000-26-0239 . 10 Dear Chairman : I concur with the findings of James Richter R . A . on the above subdivision . Very truly yours , RAYMOND L . JACOBS Sup ' t of Highways DEC 71993 . . • ��guFFO(,��o� • RAYMOND L. JACOBS Ln T JA.NES A. RICHTER SUPERINTENDENT OF ENGINEERING HIGHWAYS ��ro! � �•aO� INSPECTOR 763-3140 765-3070 OF'IC OF THE ENGINEER TOWN OF SOUTHOLD DECEMBER 6, 1993 Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 Re: WILLOW TERRACE SUBDIVISION King Street , Orient , New York SCTM # 1000 - 26 - 02 - 39. 10 Dear Ray: I would like to take this opportunity confirm the outcome of our recent discussion concerning the road construction for the above referenced subdivision . Site inspections have established that the existing stone or shell road , is considered to be acceptable to take the place of a stone blend sub-base course. This existing road should be fine graded to a width of 16' . Additional Stone Blend material may be required to maintain uniform grades. The fine grading would remove any existing potholes and provide a uniform 3" crown that would allow the road surface to drain properly. After the proper grades have been established , a 2-1 /2" lift of Binder Asphalt should be installed as per the Towns Highway Specifications. The above referenced work is considered to be a reduction of the requirements indicated in the current highway specifications. It has been decided, due to the existing conditions at the site, that a waiver of the current highway specifications would be appropriate. The minimum road construction improvements that were listed herein should provide adequate access for all emergency vehicles. If you have any questions or require any additional information concerning this matter, please contact my office. S ' erely, mes A. Richter, R.A. PLANNING BOARD MEMBERS 4 SCOTT L. HARRIS ,.r Supervisor Richard G. Ward.Chairman George Ritchie Latham,Jr. Town Hall,53095 Main Road Bennett Orlowski.Jr. .�.-"�- P.O. Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(5161765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD November 10, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, New York 11901 RE: Proposed Subdivision Willow Terrace Farms, Inc. SCTM# 1000-26-2-39. 1 Dear Mr. Wagner: On September 21, 1993, the Planning Board received a report from James Richter, Engineering Inspector, in which certain questions were raised regarding the above mentioned subdivision proposal. After reviewing this report,the Planning Board is requiring that the right-of-ways shown on the proposed subdivision (Major' s Pond Path and Rowe Drive) be improved with a road. Since at least five ( 5) lots will be serviced by the proposed road, the construction must conform to the 24 foot road specification described in the Town' s Highway Specifications. In addition, a Homeowners Association must be established as the type of ownership for the road area. The Planning Board is also classifying this subdivision as a major subdivision. A subdivision is classified as a major subdivision once a fifth lot is created. Although the current proposal is not entitled Willow Terrace Section Two, the subdivision of the subject parcel is in effect the continuation of the original Willow Terrace subdivision. In addition, in 1981, the Planning Board approved a set-off of a 44,318 square foot parcel from the subject parcel. For these reasons the subdivision of the subject parcel exceeds the four lot classification of a minor subdivision and must be classified as a major subdivision. In addition, a portion of proposed Lot Number 1 is currently being used for storage of boats and construction equipment and debris. We would like a written statement from your client as to the intended use( s) of the proposed Lot No. 1. Road profiles and drainage plans must be submitted for the proposed road construction before the Planning Board can proceed with their review of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard�G.tld a f Chairman cc: James Richter, Engineering Inspector enc. _ m COUNTY OF SUFFOLK ROBERT J. GAFFNEY -SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD. M.D.. M.P.H. COMMISSIONER September 13, 1993 Melissa Spiro Southold Planting Board Town Hall, 53095 Main Road P.O. Bos 1179 Southold, New York 11971 RE: Willow Terrace Farms, Inc. soar#: 1000-26-2-39.1 Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated August 10, 1993, concerning the above-referenced project. The Department has no objection to your designation as lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the corn meat period(s) established for this action. Also, these comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code (SCSC) concerns by appropriate departmental personnel when SCDHS applications are completed. The application for the realty subdivision known as Willow Terrace submitted in 1985 has expired. In order to provide technical comments, a new application must be submitted to the Office of Water and Wastewater Management. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. s DIVISION OF ENVIRONMENTAL DUALITY COUNTY CENTER ,' n RIVERHEAD. 9.Y. 11901-3397 ,_i 852-2100 -Letter Lo Melissa Spiro Septi-•Mb-r . , SCI)I IS 1mont,tn< jurisdiction over the final location of sewal;e disposal and water supply systems. lhr . l fluxamt. 'Iwwtoro. hould not undertake the construction of either systent without Health Dcl,mttncnt :tpproval. Thank cou for the opportunity to review this application. [f you have any questions, please feel free ut contact the Office of FcoloKy at 852-2078. Sincerely Yours, V F3�'111,4� Kimberly Shaw Sr. Environmental Analyst Office of Ecology KS/amf cc: Vito Minei, P.E. Stephen Costa, P.E. Frank Dowling, SC Planning SUb. _ mS • COUNTY OF SUFFOLK PTO. ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER September 13, 1993 Melissa Spiro Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Willow Terrace Farms, Inc. scimc 1000-26-2-39.1 Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS; "Department")has received your letter dated August 10, 1993, concerning the above-referenced project. The Department has no objection to your designation as lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. Also, these comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code (SCSC) concerns by appropriate departmental personnel when SCDHS applications are completed. The application for the realty subdivision known as Willow Terrace submitted in 1985 has expired. In order to provide technical comments, a new application must be submitted to the Office of Water and Wastewater Management. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. i4� Ii DIVISION OF ENVIRONMENTAL QUALITY COUNTY CENTER SEP 2 3 1993 RIVERHEAD. N.Y. 11901-3397 1 f 832-2100 $ p @gp Letter to Melissa Spiro • • September 13, 1993 t Page 2 1 SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Thank you for the opportunity to review this application. If you have any questions,please feel free to contact the Office of Ecology at 852-2078. Sincerely Yours, % Kimberly Shaw Sr. Environmental Analyst Office of Ecology KS/amf cc: Vito Minei,P.E. Stephen Costa, P.E. Frank Dowling,SC Planning Pn S� :;;::;;::;;::;;::;;::';:ADD NEW;:;::::;NEGATIVE .17 93::::::::12 :04:: ::::::::::: ILE NUMBER:: 1473800-00879::::::::Town of SOUTHOLD, SUFFOLK County ..........::::::::::::::::::::::!:::: E : : ......................... :::::::: :::: ... :::: .................................................................................................... EAD AGENCY73800 EE : ':Town of SOUTHOLDSUFFOLK .............. or- :::lanning'g' : :Board: : .....::: :: FFICE :..::P .........:...............................:........... ............ ......................................................0 L A SS :::::TUnlist :................. .........................: ............. .................................. TITLE . ....Willow Terrace Subdiv ............................ .. .......................... ............. .. ..... .......r::: N:::: ........................................:....................................................................................................... ................................ ........................................... .................................................. .................................................................................................................................................................................... .. ESCRIPTION : Subdivide 8. 0084 acre parcel into 4 lots on S side King S _ an '��Eside Willow Terrace Lane ..................:........................................................................ DATE RECEIVED:::::::::::::':::::::::::::: :::::: :::::::::::::::::::::::::':::::....................... ................................:::::::: ........._.....................::::::'::::::::::::::::::::::::::::::::::::::::::,:::::::::. .................................................:..................................................... :::::::::: 'on::::::::::::::::::::09 16 93::::lE�!!li::::l::l:liE:iiiliiiiiiiiiiiiiiiiiiiii:iiiiil:iEi Negatave Declarati / / tiii!i5iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ....................................................................... . . Normal Void 5 ::::::: :::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::: :: :::::::::: :f' t 'oned :a:::a::a:aE:a:::::::::::::::: kEEaEl5llEEEEEI.................... ondi i ........:::::::::::::::::::::::::::::::::::: ..: E':E . EEE:EE:...........::::: ............................................................................. : ::::::.:.:.:.:.:..::.:.:.:.:.:.:.:.:.:..::.-..:..: ...::::Current Record ... . . . . . . . . . 2MPORTANT > > Fila Number - N 1 — 4 7 3 8 0 0 — 0 0 8 7 9 Use the above number in all correspondence about this action ! To the Lead Agency : The above information confirms that filings on the described Negative Declaration were officially received by, and entered in the SEOR Repository on the date(s) shown in the box headed DATE RECEIVED above. The date and time in the second line show when this document was printed. Please check the information above carefully. For corrections or questions contact Charles Lockrow, (518)457-2224, or write to: SEOR Repository NYSDEC Division of Regulatory Affairs 50 Wolf Road, Room 514 Albany, NY 12233 3 = � Town of SOUTHOLD SEP 3 01993 Planning Board 1(� 53095 Main Road-P. O. Box 1179 Southold, NY 11971 �g�FFO1k�o �'a RAYMOND L. JACOBS tin n=i JAMES A. RICHTER SUPERINTENDENT OF ENGINEERING HIGHWAYS ��rol � �� INSPECTOR 765-3140 763-3070 OFFICE OF TEE ENGINEER TOWN OF SOUTHOLD SEPTEMBER 11 , 1993 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re: Willow Terrace Farms, Inc . King Street , Orient SCTM # 1000 - 26 - 02 - 39. 10 Dear Mr . Ward : I have reviewed the map for the above referenced subdivision. Is this project a continuation of Willow Terrace section one? If so, this project would have to be considered a major subdivision and that would require improvements to the road as well as the drainage . Your note stated that lots # 1 & 2 would have separate access off of Willow Terrace Lane by way of Nelson & Roe Drive respectively. The existing entrance to Willow Terrace Lane from King Street does not currently meet the width requirements for access to this road . Are we going to increase traffic over roads that do not meet current standards? In other areas of the Town we are currently asking for upgrades to existing roads when the intent or outcome of the project will increase traffic to include five ( 5 ) or more lots. Are we going to disregard that in this case? At this time, I would like to recommend road construction improvements to the right-of-way known as Major ' s Pond Path. These improvements should conform to the current Highway Specifications and should run between King Street and the existi,ng Cul-de-Sac on Willow Terrace Lane. 1 cerely, F, aures A. RiJt4r A; �� V1 (� j' cc : Raymond L. Jacobs ( Superintendent of Highways ) scEP 2 1 19 PLANNING BOARD MEMBERS " SCOTT L. HARRIS Supervisor Richard G.Ward.Chairman •, wyy„� j�,'` George Ritchle Latham,Jr. - 'q ' _ Town Hall, 53095 Main Road Bennett Orlowski,Jr. P.O. Boz 1179 Mark S. McDonald "' Southold, New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516) 765- 1823 TOWN OF SOUTHOLD September 14, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Minor subdivision of Willow Terrace Farms, Inc. SCTM# 1000-26-2-39.1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 13, 1993 : Be it RESOLVED to adopt the September 2 , 1993 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report) : Number 1: Is to remain as written. Number 2: Is to be omitted. The right-of-way, Majors Pond Path, serves as access for only two of the four lots in the proposed subdivision. Each lot has been designed with individual access. Numbers 3 , 4 and 5 are to remain as written. Number 6: The second paragraph of Number 6 is to be included in the Declaration. Number 7: Is to remain as written. In addition, the Liber and Page number of the recorded Declaration must be indicated on the final map. Willow Terrace September 14, 1993 Page 2 The above mentioned covenants and restrictions must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the office of the County Clerk. Please contact this office if you have any questions regarding the above. Sincere1 , hw Richard G. Ward 4-IS Chairman enc. cc: Frank Dowling, Suffolk County Planning Commission Frank Cichanowicz, Southold Town SCPC Member COUNTY OF SUFFOLK / (S a. w a q v ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING HAROLD J.WITHERS,PH.D. DEPUTY DIRECTOR September 2, 1993 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - Willow Terrace Farms, Inc. East & west side of Private Right-of-Way known as Majors Pond Path, north of Terrace Lane, Orient, Southold, New York. Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on September 1, 1993, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Willow Terrace Farms, Inc." referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Harold J. Withers Deputy Director of Planning by GGI�G rank DowlinSr. Planner Subdivisi�Review Division File: S-SD-93-08 FD:mb Attachment cc: J. Baier, C.E. , SCDHS JPi, H.LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY 0 HAUPPAUGE. NEW YORK 11788 0 (516) 853-5192 File No. S-SD-93-08 Resolution No. ZSR-93-103 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on August 12, 1993, with respect to a proposed plat entitled, "Willow Terrace Farms, Inc. submitted by the Town of Southold Planning Board affecting premises located on the East & West side of Private Right-of-Way known as Majors Pond Path, north of Terrace Lane, Orient, New York, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on September 1, 1993, and WHEREAS, the Commission has voted to approve with certain changes said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is approved subject to the meeting of the following conditions: 1. Lot No. 3 is considerably larger than that required by the zoning classification of this property. Therefore the lot shall be made subject to a covenant that will prohibit future subdivision. 2. The private road, Majors Pond Path, that serves as access for this property shall be brought up to Town specifications and standards and properly signed for location and access by emergency or service vehicles. 3. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow into Orient Harbor or Majors Pond. 4. Erosion and sediment control measures shall be required duringg and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Orient Harbor or the wetlands bordering Majors Pond. 5. Limits on fertilized vegetation should be imposed on the lots in this subdivision. 6. Conditions 1, 3 and 4 shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. ZSR-93-103 S-SD-93-08 covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. I 7. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map: 1. It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. 2. According to a map that was received from the State of New York this property appears to be located within an area that is considered to be archaeologically sensitive. Many sites contain material and/or buildings that are of prehistoric or historic value. These sites should be preserved or developed with a sensitivity for historic or cultural values that can be available for the appreciation of future generations. 3. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. 4. An improved arrangement could be obtained if the lots were clustered down and located on one side of Majors Pond Path leaving the remaining land as open space or agricultural in a Homeowners Association. Motion by: Commissioner Isles Seconded by: Commissioner Martin Commission Vote: 12 Present - Yeas 12 Nays 0 Abstentions 0 Dated September 1, 1993 Hauppauge, New York Suffolk County Planning Commission PLANNING BOARD MEMBERS " ; SCOTT L. HARRIS Richard G.Ward, Chairman Supervisor George Ritchie Latham.Jr. Town Hall, 53095 Main Road Bennett Orlowski,Jr. - _ - P. O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards .Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD September 14, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Minor subdivision of Willow Terrace Farms, Inc. SCTM# 1000-26-2-39. 1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 13 , 1993: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency status and as lead agency, makes a determination of non-significance, and grants a Negative Declaration. The proposed project is not expected to cause a significant environmental impact. The project will result in the division of 8 acres into 4 lots in accordance with zoning. The site does not contain any unique natural or human environmental resources. Enclosed please find a copy of the Negative Declaration for your records. Siinnceerel,,yo, Richard G. Ward IM Chairman enc. s PLANNING BOARD MEMBERS n _ SCOTT L. HARRIS =� Supervisor Richard G. Ward.Chairman •, '; George Ritchie Latham.Jr. - ' j Town Hall, 53095 Main Road Bennett Orlowski,Jr. - _ P. O. Box 1179 Mark S. McDonald - Southold, New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 13 , 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Willow Terrace Farms, Inc. SCTM# : 1000-26-2-39. 10 Location: South side of King Street, north sid of Willow Terrace Lane SEQR Status: Type I ( X ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No ( X ) Description of Action: Minor subdivision of 8.0084 acre parcel into 4 lots Page 2 SEQRA Negative Declaration - Willow Terrace Farms September 13 , 1993 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The project will result in the division of 8 acres into 4 lots in accordance with zoning. The site does not contain any unique natural or human environmental resources. The Planning Board has not received correspondence from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The Planning Board has not received correspondence from the Department of Health Services in the allotted time. Therefore, it is assumed that there are not comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: ( 516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Thomas Jorling, DEC Commissioner Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Applicant CRAMER, VSOCIATES ENVIRONMENT G CONSULTANTS September 3, 1993 Mr.Richard Ward, Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 _ Re: Review of EAF for Minor Subdivision SEP 7 1993 Willow Terrace Farms,Inc. I w SCTM No. 1000.26-2-39.1 tither Dear Mr. Ward: As per the your request,we have completed a preliminary review of the above referenced project m accordance with your request. Tasks and completed activities are identified as follows: 1. Review Part I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. 2 Prepare Part H LEAF The Part 11 LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. 3. Environmental and Planning Considerations The parcel has been inspected and environmental references concerning the site and area have been consulted. The site consists of 8.0084 acres of land and is located in the Hamlet of Orient south of Kin Street and north of Willow Terrace Lane. The proposed subdivision involves divi the parcel into a total of four (4) lots with areas of 67,000; 80,000; 81,000; and 1 7,000 square feet. The 117,000 square foot lot is presently occupied by a 2-story frame house and garage. The site is zoned R-80 and R-40 and the yield has been approved by the Town Planning Board. There is an existing right-of-way known as Major's Pond Path which will transect the site and provide access to the lots. The right-of-way will be retained as a 50 foot width exclusive of the lots. In addition, Rowe Drive is also an existing right-of-way which enters the site south of proposed Lot 2. This right-of-way will also be retained. The subject parcel is comprised of flat topography characteristic of the area. The depth to groundwater is in excess of 10 feet and there are no wetlands or unique flora or fauna associated with the site. The northern part of Lot 3 (the developed lot) is landscaped and the southern part of this lot is vegetated in thickly vegetated overgrown field and second growth woods. Renaming portions of the site consist of abandoned field with herbaceous weed species and some woody pioneer vegetation Specimen maple and cherry trees remain m some areas. There is a fringe of maple and locust dominated woodland on the east side of proposed Parcel 4, and privet hedge is present on Lot Page 1 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 'I Willow Terrace Farms Long EAF Review The site is in Groundwater Management Zone IV, in a section that is separated from the larger regional groundwater systems of the North Fork, and water supply is from private wells. The area including the subject site is not identified as havutg excessive nitrate concentrations in groundwater; however,the site is within an area where Aldicarb is noted in concentrations over 7 ug/1, according to We North Fork Water Supply study. Water supply will have to be approved by the Suffolk County Department of Health Services. The density of development is acceptable as all lots are m excess of 4Q000 square feet in conformance with Article 6 of the Suffolk County Sanitary Code. The proposed project will result in the division of 8 acres into 4 lots in accordance with zoning, and consistent with SCDHS density limitations for best water resource management. The project site does not contain any unique natural or human environmental resources. In view of the foregoing facts, theroposed project is not expected to cause a significant environmental impact, and there does not appear to be a need to require the preparation of a Draft EIS. Therefore, the Planning Board could consider the issuance of a Negative Declaration for this project. Ifyou have any questions or wish any further input with regard to this matter, please do not hesitate to call Very truly yo arles J. V his,CEP,AlCP CRAMER, VOCIATES ENVIRONMENT G CONSULTANTS Page ;noV N� : Ap617.21 pendix A • SEOR i )-7c i �. State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine --sign— ificance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: J$ Part 1 IX Part 2 ❑Part 3 \ Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for UnlistedActions Name of Action i01 J 771.E/A iLX CJS,,1 / K.V J&6 Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title f Responsible Officer VC R Signature of Responsible Officer in Lead Agvncy Signator reparer(Ifdiff rentfro'mresponsibleofficer) 3�/0�3 CRAMER, VOORHIS & ASSOCIATES, INC. Date54 North Country Road E NEW YORK 117 I •\—ART 1—PROJECT INFORM49..d Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significJeffeon the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cas part of the application for approval and may be subject to further verification and public review. Provide any information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on, information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. VOC F ACTION Subdivi ion fo Will w Terrace Farms Inc. ON OF ACTION(Include Street Address, Municipality and County) erl side of Kin Street Orient Count of Suffolk F APPLICANT/SPONSOR Terrace Farms IDCBUSINESS TELEPHONE S ( 5161369-1700 sseks Hefter & An el 108 E. Main Street P.O. Box 279 ead STATE ZIP CODE F OWNER(If different) MY 11901 BUSINESS TELEPHONE ADDRESS ( ) CIN/PO • STATE ZIP CODE F107- RIPTION OF ACTION ty subdivision - 4 lots �u3 )IvlSi a, ) ©F $ AT/2� lArro "7 Lp� OF C07 O�• eOr 00 j 8/ 000 At/0 7000 ttF- /17 000 Sq f, /S PR(SSC7t/72-Y OC[vP/CV �y Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ®Residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: R-nnR4 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 7.1 Forested acres 5.8 acres n- 1 acres n 1 Agricultural (Includes orchards, cro land, acres P pasture, etc.) g g acres 0 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 0 acres Water Surface Area —n acres - Unvegetated (Rock, earth or fill) O_0__ acres —0-0�— acres 0.0 acres 0.0 Roads, buildings and other paved surfaces acres 0 7 acres 0.4 Other (Indicate type) w lan & landcrn d areas acres 3. What is predominant soil t _ 0.5_ acres 1 .7 acres type(s) on project site? Haven Loam -0-2% slopes a. Soil drainage: IAWell (trained 100 % of site ❑Moderately well drained ❑Poor) • drained % of site 1 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS`�- Land Classification System? n/a acres. (See 1 NYCI%lt 370), 4. Are there bedrock outcroppings on project site? ❑Yes ®No a. What is depth .to bedrock? 300+ (in feet) 2 Approximate percentage of prod project site with slopes: NO-1045 % 010-15% % m„ ❑1596 or 6 eater % p. - A 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes I:RNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes J1No 8. What is the depth of the water table? 14— (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes IdNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? El Yes $)No According to Young & Young Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) OYes ®No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes KINO If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes )�No 15. Streams within or contiguous to project area: done a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: UA/A/>WC`_) 140APO FOO/ E'SE'OF S/?[ a. Name —Nano 6PIA/1MCO b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ONo a) If Yes, does sufficient capacity exist to allow connection? Ayes ONO b) If Yes, will improvements be necessary to allow connection? K)Yes ONO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes K7No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ®Yes ONO 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes K)No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor F 8.0084 acres. b. Project acreage to be developed: 8.0084 acres initially; 8.0084 acres ultimately. c. Project acreage to remain undeveloped - 0 acres. d. Length of project, in miles: N.A. (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N-A- %; f. Number of off-street parking spaces existing 2 ; proposed 8 g. Maximum vehicular trips generated per hour 1 -9 (upon completion of project)? h. If residential: Number and type of housing units: One FamilyTwo Family Multiple Pam' Condominium Initially 4 DANE' Ultimately 4 HVUSE CO2ec"7L'l �7C7S77 i. Dimensions (in feet) of largest proposed structure 35 height; 40 width: 100 Irngth. j. Linear feet of frontage along, a public thoroughfare project will occupy is? 300±_ ft. 3 A . How much natural material ( C° G e., _,ck, earth etc.) will be removed from de? 0 c 3. Will disturbed areas be rec�ed? =develo ons/cubic y�e` CKIYes ONO ❑N/A a. If yes, for what inten purpose is the site being reclaimed? Residentment b. Will topsoil be stockpiled for reclamation? WYes ONO C. Will upper subsoil be stockpiled for reclamation? 6JYes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 1 . y 5. Will any mature forest (over 100 years old) or other local) im ortant vegetation be removed— bey this Project? Dyes ONO y p 6. If single phase project: Anticipated period of construction 1 — — months, (including demolition). 7. If multi-phased: N.A. a. Total number of phases anticipated b. Anticipated date of commencement phase 1 (number). month year, (including demolition). c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? month ❑No year. 8. Will blasting occur during construction? ❑Yes ®No 9. Number of jobs generated: during construction _ 30 10. Number of jobs eliminated by this project 0 � after project is complete 0 11. Will project require relocation of any projects or facilities? Dyes pNo If yes, explain 12. Is surface liquid waste disposal involved? Dyes (&No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? WYes ❑No Type Sanitary 14. Will surface area of an existing water body increase or decrease b Explain y proposal? Dyes CNo 15. Is project or any portion of project located in a 100 year floodplain? Dyes 16. Will the project generate solid waste? ®Yes ❑No ®No a. If yes, what is the amount per month n_7 b. If yes, will an existing solid waste facility be used, ton7t C. If � l�Yes ONO yes, give name DTP cation d. Will any wastes not go into a sewage disposal system or into aosanittary landfill? /❑Ye w n—�` e. If Yes, explain ®No 17. Will the project involve the disposal of solid waste? Dyes a. If yes, what is the anticipated rate of disposal? I�No ,. tons/month b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ®Yes ONO Lawn care 19. Will project routinely produce odors (more than one hour per day)? Dyes IMNO 20. Will project produce operating; noise exceeding the local ambient noise levels? Dyes pNo 21. Will project result in an increase in energy use? MYes ONO If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity 10 23. Total anticipated water usage per day 1 ,200gallons/minute. gallons/day. 300 GPp w0h1 NE7/L'2a (/SC70 24. Does project involve Local, State or federal funding? Dyes If Yes, explain M(No X 00 GPA R401i70vY�Z 4 dpprovals Required: Submittal 1 TY re Date City, Town, Village Board ❑Yes 5DNo City, Town, Village Planning Board OYes ❑No _S„hdivisinn Mn IT tgg' City, Town Zoning Board Dyes ®No City, County Health Department R)Yes ❑No Water suRpy/sea+er^ge Other Local Agencies ❑Yes ELINo Other Regional Agencies WYes ❑No County Planning Commission State Agencies Dyes QNo Federal Agencies ❑Yes R]No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? 5E]Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit (subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? gan and R_40 _ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4 residential lots 4. What is the proposed zoning of the site? _ N.A_ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? Residential zonine/residential uses 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y. mile? 91Yes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? L a. What is the minimum lot size proposed? 80.000 sq. ft-- 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ®No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire Protection)? IXYes ❑No a. If yes, is existing capacity sufficient to handle projected demand? KlYes ❑No 12. Will the Proposed action result in the generation of traffic significantly above present levels? Dyes ENo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which You propose to mitigate or avoid them. �� &i&wa-0 8y; �ES �" vealelAs CRAMER, VOORHIS & ASSOCIATES, INC. E. Verification /�ZCP _ 54 North Country Road MILLER PLACE, NEW YORK 11764 I certify that the inform rtion provided abcwo is true to he best of my knowledge. Applican p01 ne Willnw Te. ryg Farm Inc. Date SignatureC Title Tana Surveyor If the action is in the Coasta Atha, and w arc aslue agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 /J Part 2�P, ECT IMPACTS AND THEI�VI!�NITUDE W Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is )ower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. "OOYes 3 al Can Impact Be LIMPACT ON LAND Mitigated By1. Will the proposed action result in a physical change to h roject site? Project ChangeExamples that would apply to column 2 / \O ❑YES • Any construction on slopes of 15% or greater, (15 foot rise per 100foot of length), or where the general slopes in the project area exceed ❑Yes ❑No10%. • Construction on land where the depth to the water table is less than3 feet. ❑Yes ❑No• Construction of paved parking area for 1,000 or more vehicles.Construction on )and where bedrock is exposed or generally within ❑yes ❑No3 feet of existing ground surface. Dyes ❑No • Construction that will continue for more than 1 year or involve more than one phase or stage. ❑ ❑ Dyes ❑No • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ tons of natural material (i.e., rock or soil) per year. ❑Yes ❑No • Construction or expansion of a sanitary landfill. ❑ ❑ Dyes ❑No • Construction in a designated floodway. ❑ ❑ ❑Yes `-No • Other impacts ❑ ❑ ❑Y'C5 Cv„ 2 Will there be an effect t! J`...ry uo:,que or unusual land--f—ofrJP�s found on the site?land cliffs, dunes, geological formations, etc.) 0 DYES• Specific land forms: //`` ❑ �. '•,.., ,., 6 r 1 2 3 II to Potentlal Can Impact Be IMPACT *WATER oderata Large Mitigated By 3 Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservati OLa AYES Examples that would apply to column 2 ❑ ❑ ❑Yes ONO • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ Oyes ONO protected stream. 4; Extension of utility distribution facilities through a protected water body. ❑ ❑ OYa ONO • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ONO ❑ ❑ ❑Yes ONO • Other impacts: 4. Will proposed action affect any non-protected existi g NO ``'❑ new of water? YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of .water O ❑ ❑Yes ONO or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. O ❑ ❑Yes ONO • Other impacts: 5. Will Proposed Action affect surface or groundwater` �O DYES quality or quantity? /�\" Examples that would apply column 2 "1 ❑ ❑ ❑Yes ONO • Proposed Action will require a discharge permit. ❑Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ' have approval to;serve proposed(project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ 11 Oyes, ONO gallons per minute pumping Capacity. ❑ ❑Yes ONO • Construction or operation causing any contamination of a water ❑ supply systema ❑ ❑ ❑Yes ONO • Proposed Action will adversely affect groundwater. C1 Yes CI-40• Liquid effluent will be conveyed off the site to facilities which presently 11 ❑ do not exist or have inadequate capacity. ❑ ❑Yes ONO • Proposed Action would use water in excess of 20,000 gallons per ❑ day. ❑Yes ONO • Proposed Action will like],- cause siltation or other discharge into an ❑ ❑ existing body of water ;,U the ement that there will be an obvious visual contrast to natural conditions. Oyes ONO • Proposed Action will require the storage of petroleum or chemical ❑ ❑ products greater than 1,100 gallons. ❑ Dyes ONO • Proposed Action will allow residential uses in areas'without water ❑ and/or sewer services. ❑ ❑Yes ❑Nc • Proposed Action locates commercial and/or industrial uses which may ❑ require new or expansion of existing waste treatment and/or storage facilities. ❑ ❑ ❑Yes ❑N( • Other impacts: ace I (,. Will proposed action alter drainage flow or patte Or s AYES J water runoff? Exzmples that would apply to column 2 ❑ ❑ ❑Yes ON • Proposed Action would change flood water flows. Small to Potential Can Impact Bi M*M ate Large Mitigated By M* ct Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ONO • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ONO • Proposed Action will allow development in a designated floodway. ❑ D ❑Yes ONO • Other impacts: O ❑ ❑Yes ONO IMPACT ON *IR v 7. Will proposed action affect air quality? 0 OYES Examples that would apply to column 2 / ` • Proposed Action will induce 1,000 or more vehicle trips in any given O ❑ ❑Yes ONO hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ DYes ONO refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or. a ❑ ❑ ❑Yes ONO heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ Oyes ONO to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ DYes ONO development within existing industrial areas. • Other impacts: C1 ❑ DYes ❑No IMPACT ON PLANTS AND ANIMALS j 8. Will Proposed Action affect any threatened or endaRg ed species? X0 OYES Eumpks that riould apply to column 2 ' J y • Reduction of one or more species listed on the New York or Federal ❑ ❑ DYis 'ONO list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat ❑ ❑ DYes ONO • Application of pesticide or herbicide more than twice a year, other ❑ ❑ DYes ONO than for agricultural purposes. • Other impacts: ❑ ❑Yes ONO ❑ 9. Will Proposed Action substantially affect norr hreatrned or non-endangered species? XN0 DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or E3 ❑ ❑Yes ONO migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑Yes ONO of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land res orces? 0 OYES 1�N Examples that would apply to column 2 / \ • The proposed action would sever, cross or limit access to agricultural ❑ ❑ DYes ONO land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 Small to Potential Can Impact Be M ate Large Mltigated By I ct Impact Project Change • Construction activity would excavate or compact the soil profile of O O OYes ONO agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ O OYes ONO of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ OYes ONO land management systems(e.g., subsurface drain lines, outlet ditches, strip croppingk, or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) O ❑ OYes ONO • Other impacts: IMPACT ON AESTHETIC RESOURCE%Se 11 . Will proposed action affect aesthetic resources? O OYES (If necessary, use the Visual EAF Addendum inion 617.21, Appendix B.) ' Examples that would apply to column 2 • Proposed land uses, or project components obviously different from O ❑ OYes ONO or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of O ❑ ❑Yes ONO aesthetic resources which will eliminate or significantly reduce their enjoyment of the' aesthetic qualities of that resource. Project components that will result in the elimination or significant D ❑ OYes ONO screening of scenic views known to be important to the area. ❑ O OYes ONO • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure 9f,,historic, pre- historic or paleontological importance? NO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ONO contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ OYes ONo project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ OYes ONO archaeological sites on the NYS Site Inventory. • Other impacts: ❑ O byes ONO IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? �J Examples that would apply to column 270 OYES ❑ ❑ OYes ONO ( )The permanent foreclosure of a future recreational spportunity. `r A major reduction of an open space important to the community. ❑ 13 OYes ONO • Other impacts: 0 0 Oyes ONO s a IMPACT ON ONSPORTATIONall to Potential Can Impad Se 11. Will there be an effect to existing transportation s st s? zeirat• Large Mitigated By NO OYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ONO • Proposed Action will result in major traffic problems. O ❑ Dyes ONO • Other impacts: ❑ ❑ ❑Yes ONO IMPACT ON ENERGY 15. Will proposed action affect the community's sourc of fuel or energy supply? NO DYES Examples that would apply to column 2 \ • Proposed Action will cause a greater than 5% increase in the use of D D ❑Yes ONO any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ 11 Dyes ONO transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ D ❑Yes ONO NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibratiog as a result Nr of the Proposed Action? / \ O ❑YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ Dyes [--)No facility. • Odors will occur routinely (more than one hour per day). ❑ O ❑Yes ONO exceedin the local ❑ D Dyes ONO ratio noise g • will roduce g Pro Action ope P ambient levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ O Dyes ONO noise screen. • Other impacts: ❑ ❑ ❑Yes ONO IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safe ? ANO DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ Dyes ON( substances(i.e. oil,pesticides,chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ Dyes DN. form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ DYes ON• gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance O D Dyes ❑N within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ Dyes ❑� .n 2 3 IMPACT ON GROWTH AND CHARACTER small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the exis 'n community? Impact Impact Project Change TNO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ OYes , ONo project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes ONo will increase by more than S% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. O ❑ ❑Yes ONo • Proposed action will cause a change in the density of land use. O O ❑Yes ONo • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ONo or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ONo (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes ONo • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ONo • Other impacts: D O ❑Yes ONo 19. Is there, or is there likely to be, public controvQr�s1�. related to potential adverse environmental impacts? ¢�?O OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is corsidered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) I suc�r� 0 COUNTY OF SUFFOLK (6 9 'nom" ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING HAROLD J.WITHERS,PH.D. DEPUTY DIRECTOR September 2, 1993 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - Willow Terrace Farms, Inc. East & west side of Private Right-of-Way known as Majors Pond Path, north of Terrace Lane, Orient, Southold, New York. Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on September 1, 1993, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Willow Terrace Farms, Inc." referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Harold J. Withers Deputy Director of Planning by rank Dowli , Sr. Planner SubdivisiWReview Division File: S-SD-93-08 FD:mb Attachment t - cc: J. Beier, C.E. , SCDAS Y �CCn S©lSTtlOI�J?04^!N PL,1NNlI�'G B{{4RD H.LEE DENNISON BUILDING 0 VETERANS MEMORIAL HIGHWAY 0 HAUPPAUGE, NEW YORK 11755 ■ (5 16)553-3192 File No. S-SD-93-08 Resolution No. ZSR-93-103 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on August 12, 1993, with respect to a proposed plat entitled, "Willow Terrace Farms, Inc. submitted by the Town of Southold Planning Board affecting premises located on the East & West side of Private Right-of-Way known as Majors Pond Path, north of Terrace Lane, Orient, New York, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on September 1, 1993, and WHEREAS, the Commission has voted to approve with certain changes said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is approved subject to the meeting of the following conditions: 1. Lot No. 3 is considerably larger than that required by the zoning classification of this property. Therefore the lot shall be made subject to a covenant that will prohibit future subdivision. 2. The private road, Majors Pond Path, that serves as access for this property shall be brought up to Town specifications and standards and properly signed for location and access by emergency or service vehicles. 3. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow into Orient Harbor or Majors Pond. 4. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Orient Harbor or the wetlands bordering Majors Pond. 5. Limits on fertilized vegetation should be imposed on the lots in this subdivision. 6. Conditions 1, 3 and 4 shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. ZSR-93-103 S-SD-93-08 -------------------------------------------------------------------------------- These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 7. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map: 1. It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. 2. According to a map that was received from the State of New York this property appears to be located within an area that is considered to be archaeologically sensitive. Many sites contain material and/or buildings that are of prehistoric or historic value. These sites should be preserved or developed with a sensitivity for historic or cultural values that can be available for the appreciation of future generations. 3. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. 4. An improved arrangement could be obtained if the lots were clustered down and located on one side of Majors Pond Path leaving the remaining land as open space or agricultural in a Homeowners Association. Motion by: Commissioner Isles Seconded by: Commissioner Martin Commission Vote: 12 Present - Yeas 12 Nays 0 Abstentions 0 Dated September 1, 1993 Hauppauge, New York Suffolk County Planning Commission �o��,uFFot�r o PLANNING BOARD MEMBERS 4 ti. T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ©��'• �` Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold. New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 12, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, New York 11901 RE: Minor Subdivision of Willow Terrace Farms, Inc. SCTM# 1000-26-2-39 .1 Dear Mr. Wagner: As we discussed, the Long Environmental Assessment Form for the above mentioned subdivision has been forwarded to the Board' s environmental consultant for review. There is a $400 . 00 fee for this review. This must be paid in full before authorization can be given to the consultant to proceed with the review. The check should be made payable to the Town of Southold. Sincerely, 4/01�; Melissa+cv, - ro Planner �.. v1]r��l!r'�n PLANNING BOARD MEMBERS a a �n pT SCOTTL. HARRIS Sr.i Supervisor Richard G. Ward,chairman � � George Ritchie Latham.Jr. _ �?7•(i '., �'� Town Hall, 53095 Main Road Bennett Orlowski.Jr. - P.O. Box 1179 Mark S.McDonald Kenneth L. Edwards Southold, New York 11971 Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516)765- 1823 TOWN OF SOUTHOLD August 12, 1993 Cramer, Voorhis & Associates Environmental and Planning Consultants 54 North Country Road Miller Place, NY 11764 Re: Review of EAF Minor Subdivision - Willow Terrace SCTM# 26-2-39.10 Dear Messrs. Cramer and Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form for the above mentioned subdivision to your office for review. Also enclosed are: I. COPY of the map dated July 20, 1993 . 2. Planning Board resolution dated August 9, 1993. y srN H+n�rMw:x.«.. The Planning Board started the lead agency coordination process on August 9, 1993. The $400. 00 review fee has been submitted by the applicant. If all is in order, the Board will make their SEQRA determination at the September 13, 1993 public meeting. Please submit your report no later than September 4, 1993 in order for the Board to review it before the meeting date. _— The purchase order will be sent to you under separate cover. If there are any questions, please contact Planning Staff. Sincerely, / Richard G. Ward 41!'f Chairman enc. Y�J�rr `1 PLANNING BOARD MEMBERS SCOTT L. HARRIS a Supervisor Richard O.Ward, Chairman George Ritchie Latham.Jr. `l r Bennett Orlowski,Jr. Town Hall. 53095 Main Road " - _A :r P.O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516)765- 1623 TOWN OF SOUTHOLD August 10, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Minor Subdivision of Willow Terrace Farms, Inc. SCTM# 1000-26-2-39. 1 Dear Mr. Wagner: The following took place at the meeting of the Southold Town Planning Board on August 9, 1993 : BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. This . action is classified as a Type 1 action since it is located within a Critical Environmental Area. �n ,-,The following resolution was adopted: WHEREAS, the Planning Board has accepted the yield map dated December 30, 1992; and WHEREAS, the sketch plan dated July 20, 1993 has been designed as a cluster subdivision in accordance with Section 281a of the New York State Town Law; and be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated July 20, 1993 . Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps ( 2 mylars and 5 paper prints) must contain a current stamp of Health Department approval, and must be submitted before a final public hearing will be set. Page 2 Willow Terrace Farms Subdivision August 10, 1993 The sketch plans have been referred to the Suffolk County Planning Commission for review. You will be notified under separate cover if any covenants and restrictions will be required. The sketch plans have also been referred to the Orient Fire District for their recommendation as to whether a firewell is necessary for fire protection. You will notified under separate cover if the Planning Board will be requiring a firewell as part of any subdivision approval. Please do not hesitate to contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman Q ` ) 7c 0 • � 617.21 S EO R ` Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM -' Purpose- full EAF is designed to help p appl cants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. Itis also understood that those who determine nificance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 \ Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will he prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. ' A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lend Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signdtureof Preparer(If different from responsible officer) Date 1 • � ART 1—PROJECT INFORN*I.. J ' Prepared by Project Sponsor r NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe t on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cons idered`4 as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Minor Subdivision for Willow Terrace Farms Inc. LOCATION OF ACTION(Include Street Address, Municipality and County) Southerly side of King Street Orient Count of Suffolk NAME OF APPLICANT/SPONSOR Willow Terrace Farms Inc. BUSINESS TELEPHONE ADDRESS ( 516)369-1700 c o Esseks Hefter & Angel, 108 E. Main Street P.O. Box 279 CITY/PO Riverhead STATE ZIP CODE NAME OF OWNER(If different) h'1 11901 BUSINESS TELEPHONE ADDRESS _ ( ) CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Realty subdivision — 4 lots Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ®Residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: fs nnszr acres. APPROXIMATE ACREAGE PRESENTLY Meadow or Brushland (Non-agricultural) AFTER COMPLETION Forested �_ 1 acres 5�— acres Agricultural (Includes orchards, cropland, acres fl 1 acres P pasture, etc.) g g acres _a n Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 acres acres Water Surface Area —a n acres Unvegetated (Rock, earth or fill) — 0 0 acres n N acres 0.0 acres 0.0 Roads, buildings and other paved surfaces acres n- i acres 0.4 Other (Indicate type) lawn & Ianti r_ d areas acres e ---_ 0.5 acres 1.7 acres 3. What is predominant soil types) on project site? H:id havenLoam 0 2% slopes a. Soil drainage: MWell drained 100 "o of sae ❑Moderately well drained o of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within coil group 1 throeh 1 of the NYS Land Classification System? n/A acres. (See I NYCItR 370), 4. Are there bedrock outcroppings on project site? Dyes a. What is depth to bedrock? _ '100+ 4�No (in feet) 2 1"'f7. Approximate percentage of prolproject site with slopes: [N)0-104 %% or greaters project substantially contiguous to, or contain a building, site, or district, listed on the State or the National egisters of Historic Places? ❑Yes IRNo s project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes KINo 8. What is the depth of the water table? 14— (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes 12No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes E)No According to Young & Young Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Dyes ®No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes E)No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes k]No 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name —NnnA b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? boYes ❑No b) If Yes, will improvements be necessary to allow connection? $]Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ®Yes ONo 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes E)No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 8.0084 acres. b. Project acreage to be developed: 8.0084 acres initial) 0084 V: 8. acres ultimately. e. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: N.A. (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed N-A. S`6; I. Number of off-street parking spaces existing; 2 proposed 8 g. Maximum vehicular trips generated per hour _ 1 .R (upon completion of pro jectr) h. If residential: Number and type of housing units: One I arnilyT - wo Lamely Multiple gamily Condominium Initially 4 Ultimately --- 4 i. Dimensions (in feet) of largest proposed structure 35 height; 40 width; L (Z_ Irnr,th I- Linear feet of frontage along; a public thoroughfare project will occupy is? 300±_ ft. 3 a 2. How much natural material (i.e(, -'ck, earth, etc.) will be removed frc � - � 3. Will disturbed areas be reseed? tIT ate? 0 tons/cubic: y, V� QYes ❑No ❑N/A a a. If yes, for what intend._ purpose is the site being reclaimed? Residential develo ment b. Will topsoil be stockpiled for reclamation? QYes ❑No C. Will upper subsoil be stockpiled for reclamation? ()oyes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 1 .1 _ 5. Will any mature forest (over 100 years old) or other local) acres. Dyes f7No y important vegetation be removed by this project? 6. If single phase project: Anticipated period of construction 17 months, (including demolition). 7. If multi-phased: N.A. a. Total number of phases anticipated b. Anticipated date of commencement phase 1 (number). month year, (including demolition). C. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? month year, year. 8. Will blasting occur during construction? Dyes IMNo ONO 9. Number of jobs generated: during construction0 —�—; after project is complete 0 1G. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Dyes MNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes MNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? MYes ONO Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? Explain Dyes C}jNo 15. Is project or any portion of project located in a 100 year flood plain? Dyes 16. Will the project generate solid waste? ®Yes ONO ®No a. If yes, what is the amount per month n_7 b. If yes, will an existing solid waste facility be used? tonK GdYes ONO C. If yes, give name F 1L ; location r, t- t o ue e. If Yes, explain Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ®No e. 17. Will the project involve the disposal of solid waste? Dyes a. If yes, what is the anticipated rate of disposal? (�No b. If yes, what is the anticipated site life? tons/month- years. 18. Will project use herbicides or pesticides? ®Yes ONO Lawn care 19. Will project routinely produce odors (more than one hour per day)? Dyes (No 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes MNo 21. Will project result in an increase in energy use? Rlyes If yes , indicate type(s) ONO 22. If water supply is from wells, indicate pumping; capacity 10 23. Total anticipatedI gallons/minute. water usa �c per day 1,200 gallons/day. 24. Does project involve Local, State or Federal funding? Dyes If Yes, explain KNo 4 Approvals Required: 00 Submittal Ty ie Date City, Town, Village Board Dyes ONo City, Town, Village Planning Board §{[Yes ❑No City, Town Zoning Board r—LXY- t lq3 ❑Yes ®No City. County Health Department Ayes ❑No Slat c, D,oly/SPc ar pa Other Local Agencies Dyes KlNo Other Regional Agencies KlYes ❑No County Planning Commission State Agencies ❑Yes 57No Federal Agencies Dyes KINo C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? Eyes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit 121subdivisio ❑new/revision of master plan ❑resource management plan ❑other n ❑site plan 2. What is the zoning classification(s)of the site? R–Ro nrird R_40 3. What is the maximum potential development of the site if developed as p permitted by the present zoning? 4 residential lots 4. What is the proposed zoning of the site? N_A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a Y. mile radius of proposed action? Residential zoning,/residential uses 8. Is the proposed action compatible with adjoining/surrounding [arid uses within a /. mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? 4 ]Yes ❑No a. What is the minimum lot size proposed? –Rp,_000 sn ft- 10. r10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Dyes ®No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? IXYes ❑No a. If yes, is existing capacity sufficient to handle projected demand? KlYes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes ENo a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the inform r,tion providod ab<we is true to,the best of my knowlecJge. f�u,v ✓ 1 Applicant IYonspf Name iJi l low T rra eyFar'Z Ines � Date ' h' 19 j Signature - ; Title Land Surveyor If the action is in the Coad, A!/a, an /m d are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2—PP ECT IMPACTS AND THEllM!',GNITUDE k.t Responsibility of Lead Agency ' YGeneral Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. ? Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 Will the proposed action result in a physical change to the project site? Impact Impact Project Change Examples that would apply to column 2 ONO DYES n on es of 15% or • Any foot of length),00r wherethe general slopesatn th(15 e project ot rise per aea exceed ❑ ❑ ❑Yes ❑No 10%. • Construction on land where the depth to the water table is less than 3 feet. ❑ ❑ ❑Yes ONO • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ONO 3 feet of existing ground surface. ❑ ❑ ❑Yes ONO • Construction that will continue for more than 1 year or involve more than one phase or stage. ❑ ❑ ❑Yes ONO • Excavation for mining purposes that Wonld remove more than 1,000 tons of natural material (i.e, rock or soil) per year. ❑ ❑ ❑Yes ❑No • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. ❑ ❑ 01'es C�No • Other impacts ❑ ❑ ❑Y, C.N, ❑ ❑ 2. Will (here be effect h. _.,,y u;;.qunumu land forms: e or usual land fors fond on Specific land the site? ancliffs, dungeological ological formations, etc.)LNO U1'ES • - .._ 6 PLANNING BOARD MEMBERS v r? SCOTT L. HARRIS `= i Supervisor Bennett Orlowski, Jr., Chairman ep✓ George Ritchie Latham, Jr. Richard G. Ward ,_ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Auju0- Ig93 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: W;IIcw -Terrnca Fcr^s , IA)< . Tax Map No. : 1000- ;�B- 2- 1b Street Location: k;N� Skreet arch W,\low Tcrr�e_ L",c Hamlet Location: p ;, Type of Application: Sketch Subdivision Map (Dated 7 / Ao /93 ) Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated Comments ease rr�;ems ;n 12¢orcV �B ey` a�c4 av c c9[b tyenrZ nhJ r are VLeecsar.i . E4el l�+ 6ea dzsl �j w, ;vc9; ;d„� eco cess ;n1t5 c t aver Nets Tow orf✓< _o - ori1'� L..Ni.s dests»vr9 a5 (>vrf of 1AAW;11owTerrac2 Sa_l.ni., 1 . ''t Kase C.-CL ;�' Y60 Vt any %UC611$61P,�n ^ t Contact Person: /YI c yLr YOUNG &YOUNG R's PLANNING. ENGINEERING &LAND SURVEYING 400 OSTRANDER AVENUE. RIVERHEAD. NEW YORK 11801 Telephone 516-727-2303 Facsimile 516-727-0144 August 11, 1993 ATTN: Ms. Melissa Spiro Town of Southold Planning Department Main Road Southold, New York 11971 RE: Subdivision Sketch Plan WILLOW TERRACE FARMS, INC. at Orient, T/O Southold, New York (92-0464) Dear Melissa: Enclosed herewith are two (2) prints of the above captioned map, last dated July 20, 1993 , as per your request. Very truly yours, Kenne�Abruzzo KF / jt En iu'ihAUG 1 21993 d � ALDEN W.YOUNG HOWARD W.YOUNG THOMASC.WOLPERT KENNETH F.ABRUZZO Professional Engineer Land Surveyor Professional Engineer Land Surveyor &land Surveyor r ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS 15161 369-1700 WATER MILL OFFICE MARCIA Z. 'DEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER(516) 369-2065 P. O. Box 570 WATER MILL, N.V. 11976 JANE ANN R. KRATZ 15167 726'6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F.WHELAN August 11, 1993 Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 ATTN: Melissa Spiro Re: Minor Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold -- Suffolk County Tax Map No. 1000-026.00-02. 00-039.010 Dear Melissa: I enclose herewith Check No. 892 of Nancy Dermody, payable to the "Southold Town Clerk" in the amount of $400.00, representing payment of the environmental review fee for the above-referenced subdivision application. If you require anything further, please call. Very � ultruly yours, .,O(WA X John M. Wagner /JW Encl. PLANNING BOARD MEMBERS " SCOTT L. HARRIS Richard G.Wald, Chairman Su!x rvlsor George Ritchie Latham,Jr. - 1 Town Hall, 53095 Main Road Bennett Orlowsld,Jr. P. O. Box 1179 Mark S. McDonald - Southold, New York 11971 Kenneth L. Edwards _ Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516) 765- 1623 TOWN OF SOUTHOLD Augusi 10 ,1993 Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - 1.t)ROW- crract Farms, jk� Hamlet/Locality--O.-',,''k S.C.D.P.W. Topo No. : Zoning r\- Lits � tz- RO S.C. Tax Map No. : 1060 - a8 - 2 - 34. 1U Major Sub. Minor Sub. _Site Plan Cluster MATERIAL SUBMITTED: Skt�f �tllY 21.�i953 Pre-lr y Plat ( 3 copies) Road Profiles (1) Drainage Plans (1) _Topogroaphical Map ( 1) Site Plan (1) _ Grading Plan (1) Other materials (specify and give number of copies) C I 0 1 �a es l ,n k tC t� (�ry�¢J' hla-bIgZ Waiver of Subdivision Requirements - See attached sheet _ CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted) (Type I) (Type II)Action. (Le -Aeh 1 CL-q) 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3 . E.I.S. statement enclosed. (Yes) 0_op 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) Comments: We request acknowledgement of receipt of this referral (Yes) (No) Referral received lg by Suffolk County Planning Commission and assigned File NO. Very , /truly yours, Richard G. Ward �hts chairman CJ C PLANNING BOARD MEMBERS ^ '` SCOTT L. HARRIS Mchard G. Ward,Chairman Supervisor George Potchle Latham.Jr. Bennett Orlowski.Jr. _ - �1 ; Town Hall.53095 Main Road Mark S. McDonald `o�,.::6^r P.O. Box 1179 Kenneth L. Edwards Southold,New York 11971 Telephone(516)765-1938 PLANNING BOARD OFFICE Pax(516)765 - 1823 TOWN OF SOUTHOLD August 10, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Minor Subdivision of Willow Terrace Farms, Inc. SCTM## 1000-26-2-39. 1 Dear Mr. Wagner: The following took place at the meeting of the Southold Town Planning Board on August 9, 1993 : BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. This . action is classified as a Type 1 action since it is located within a Critical Environmental Area. The following resolution was adopted: WHEREAS, the Planning Board has accepted the yield map dated December 30, 1992; and WHEREAS, the sketch plan dated July 20, 1993 has been designed as a cluster subdivision in accordance with Section 281a of the New York State Town Law; and, be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated July 20, 1993 . Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps ( 2 mylars and 5 paper prints) must contain a current stamp of Health Department approval, and must be submitted before a final public hearing will be set. Page 2 Willow Terrace Farms Subdivision August 10, 1993 The sketch plans have been referred to the Suffolk County Planning Commission for review. You will be notified under separate cover if any covenants and restrictions will be required. The sketch plans have also been referred to the Orient Fire District for their recommendation as to whether a firewell is necessary for fire protection. You will notified under separate cover if the Planning Board will be requiring a firewell as part of any subdivision approval. Please do not hesitate to contact this office if you have any questions regarding the above. Sincerely, qivV4 S GUU�/ /,/��/ Richard G. Ward Chairman May 26, 1993 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Minor Subdivision for Willow Terrace Farms, Inc. Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Nancy glass, Presi nt of Willow Terrace Farms, Inc. ,, ��1}1•rii( �n� J PLANNING BOARD MEMBERSti u z � � T � SCOTT L. HARRIS Supervisor Richard G.Wand.Chairman - 1 ✓mfCr'' '� George Ritchie Latham.Jr. ^'''�,( ^" Town Hall. 53095 Main Road Bennett Orlowski.Jr. -'� �' P.O. Box 1179 Mark S. McDonald "` Southold. New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516)765- 1823 TOWN OF SOUTHOLD 1993 RE: Lead Agency Coordination Request Dear Reviewer: Theu p rpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2 . Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Ileu T iror„� ,c loco -'Z6 - z - 39.1 0 Requested Action: N1s.6� u s `a.. 64 $ CoR4 neje pyreel •^} 4__lni•s SEQRA Classification: ( )C ) Type I L-*—t,4 Wttt,ry soon e< ccn ( ) Unlisted Contact Person: rn2�,ssv S� ,Ro ( 516) -765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: I I Please feel free to contact this office for further information. Sincerely, s Richard G. Ward Chairman cc: s r axtmaat Southold Town Board 'Suffolk County Dept. of Health Services 4*NYSDEC - Stony Brook NYSDEC - Albany 9 r Dept f D },l ri i j U.S. r,-my Carp of o u v S PPP} Of '£r-ansp6 ief, * Maps are enclosed for your review Coordinating agencies PLANNING BOARD MEMBERS t M t SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. �_ _ J Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 J 4- 197-3 Harrison Demerest, Jr. , Secretary Orient Fire District P.O. Box 41 Orient, New York 11957 Dear Mr. Demerest: Enclosed please find (2) surveys for JYL"Yok 5u6 1)1411610,1y kiiL & o w i 6eX',PGE F/12 r sC� rti 6 z- Please notify this office as to whether any firewells are needed. Please Specify whether shallow well's or electric wells Will be needed. Please reply by cooperation. 19&. Thank you for your ' 4al r ly ' v rman enc. L 21 \'. PLANNING BOARD MEMBERS S m ; SCOTT L. HARRIS Supervisor Richard G.Ward,Chairman - George Ritchie Latham.Jr. Town Hall, 53095 Main Road Bennett Orlowski,Jr. - P.0. Box 1179 Mark S. McDonald w Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD August 10, 1993 John M. Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 Re: Minor Subdivision of Willow Terrace Farms, Inc. SCTM# 1000-26-2-39. 1 Dear Mr. Wagner: The following took place at the meeting of the Southold Town Planning Board on August 9, 1993 : BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. This . action is classified as a Type 1 action since it is located within a Critical Environmental Area. The following resolution was adopted: WHEREAS, the Planning Board has accepted the yield map dated December 30, 1992; and WHEREAS, the sketch plan dated July 20, 1993 has been designed as a cluster subdivision in accordance with Section 281a of the New York State Town Law; and, be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated July 20, 1993 . Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (2 mylars and 5 paper prints) must contain a current stamp of Health Department approval, and must be submitted before a final public hearing will be set. Page 2 Willow Terrace Farms Subdivision August 10, 1993 The sketch plans have been referred to the Suffolk County Planning Commission for review. You will be notified under separate cover if any covenants and restrictions will be required. The sketch plans have also been referred to the Orient Fire District for their recommendation as to whether a firewell is necessary for fire protection. You will notified under separate cover if the Planning Board will be requiring a firewell as part of any subdivision approval. Please do not hesitate to contact this office if you have any questions regarding the above. Sincerely, p/ " qic, Richard G. Ward Chairman -Su l ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS 15161369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER(516) 369-2065 P. Q_ Box 5570 WATER MILL- N.Y. 11976 JANE ANN R. KRAT2 (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F.WHELAN July 27, 1993 BY HAND Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 ATTN: Melissa Spiro Re: Minor Subdivision for Willow Terrace Farms, Inc. , Situate at orient, Town of Southold -- Suffolk County Tax Map No. 1000-026.00-02. 00-039.010 Dear Melissa: Submitted herewith are eight (8) prints of the proposed Sketch Plan for the minor subdivision application of Willow Terrace Farms, Inc. , which was last revised July 20, 1993 . Also submitted herewith is an original letter, signed by the President of Willow Terrace Farms, Inc. , authorizing William W. Esseks and me to represent the applicant before the Planning Board. Please schedule the application for sketch plan approval at the first available meeting of the Planning Board, which, I believe, will be on August 9, 1993 . If you have any questions or require any further submission at any time, please call. Very truly yours, John M. Wagner /JW Encls. 2 91993 July 20, 1993 Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Minor Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold - - Suffolk County Tax Map No. 1000-026. 00-02 .00-039 . 010 Dear Members of the Board: Please be advised that William W. Esseks and John M. Wagner of Esseks, Hefter & Angel, with offices at 108 East Main Street, Riverhead, New York are authorized to represent the applicant, Willow Terrace Farms, Inc. , in all matters before the Planning Board related to the above-referenced subdivision application. Very truly yours, WI// / ! • Low T CE F INC. By: Nancy R. Douglass, President SUBMISSION WITHOUT COVER LETTER DATE: �� Ic3 SENDER: —Al it SUBJECT: W i i o 'J 7e Y/a(e— fCl( HS SCTM# : COMMENTS: rl i 1Ll ` JUL V . SOUTHOLDTO,' PIANNIN^u BORN_ ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW IOB EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS 15161 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER 15161 369-2065 P. 0. Box 570 WATER MILL, N.Y. 11976 JANE ANN R. KRAT2 (5 6) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN May 26, 1993 Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 ATTN: Melissa Spiro Re: Minor Subdivision for Willow Terrace Farms, Inc. , Situate at Orient, Town of Southold -- Suffolk County Tax Map No. 1000-026.00-02.00-039.010 Dear Melissa: Submitted herewith is the following, in connection with the application of Willow Terrace Farms, Inc. for a minor subdivision: 1. Twelve (12) prints of a "Subdivision Sketch Plan Prepared for Willow Terrace Farms, Inc. , " prepared by Young & Young and last revised May 4, 1993 ; 2 . A completed "Application for Approval of Plat, " which includes, as Schedule A, a copy of the deed for the subject property; 3 . A completed "Questionnaire" for the application; 4. A completed form letter regarding drainage, grading, and road construction; 5. A completed Part I of a Full Environmental Assessment Form for the application; 6. A copy of the Suffolk County Tax Map for Section 026.00 of the Town of Southold, on which is shown the subject property; and 7. A check for the filing and inspection fees, payable to the "Town of Southold, " in the amount of $3 , 000.00. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Town of Southold Planning Board May 26, 1993 Page 2 Please schedule the subject application for consideration at the first available Planning Board work session. I would like to do everything possible to expedite review of the application. If you have any questions or require any further submission at any time, please call. Very truly yours, ls �lwvU John M. Wagner /JW Encls. ip 0 cSUBf=1&6- ESSEKS, HEFTER Sr ANGEL )°6�` COUNSELORS AT LAW J 106 EAST MAIN STREET P. O. BOX 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS 15161369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. .ANGEL TELECOPIER NUMBER 15161 369-2065 P. 0. BOX 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 JOHN M.WAGNER 15161726-6633 WILLIAM POWER MALONEY THOMAS F.WHELAN January 29, 1993 Town of Southold Planning Board --� Town Hall 53095 Main Road P.O. Box 1179 FEB - Z NM Southold, NY 11971 ATTN: Melissa Spiro SGuThGI; ,, PLANNidih* Re: Proposed minor subdivision of property Of Willow Terrace Farms, Inc. , situate at Orient, Town of Southold Dear Melissa: William Esseks and I are the attorneys for Willow Terrace Farms, Inc. , which owns approximately 8 acres of property south of King Street and east of Willow Terrace Lane in Orient. The Willow Terrace Farms property lies partially in the "R-40" and partially in the 1IR-80" zoning districts. Willow Terrace Farms, Inc. proposes to submit an application for a minor subdivision of its property into four (4) parcels. I enclose herewith, for your review with the Planning Board, one (1) print of a Standard/Yield Map Subdivision Sketch Plan "D" for property of Willow Terrace Farms, Inc. , dated December 30, 1992, which shows the subject property and demonstrates the proposed yield of four (4) parcels. If the enclosed sketch plan is acceptable, Mr. Esseks and I, and the surveyor, Young & Young, will proceed with preparation of a formal application for minor subdivision. If, on the other hand, you or the Planning Board have any questions or comments from your review of the enclosed plan, the surveyor, Mr. Esseks, and I would be pleased to meet with you and/or the Board. ylal93 �•, 1.�a8-,�e,� �« -� �rea� w11�A a�;cr�;a,d,. MS ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Town of Southold Planning Board January 29, 1993 Page 2 I trust that you will give the enclosed your usual prompt attention and that I will hear from you shortly. Very truly yours, John M. Wagner /JW Encl. cc: Howard W. Young (w/o encl. ) SOUTHOLD TOWN BOARD OF APPEALS -21 November 30 , 1978 house the applicant ' s vehicles . The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship ; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass , it was RESOLVED that Everett Swenson, 230 Wesland Road , Southold, New York, be DENIED permission to construct a carport in the front yard area with a reduced front yard setback. Location of the property: Wesland Road, Southold , New York, bounded on the east by Berse and Phillips south by Chestnut Road; west by Dickinson and Eisele. Vote of the Board: Ayes : Messrs : Gillispie, Doyen, Tuthill and Douglass . HOWEVER on motion by Mr. Gillispie , seconded by Mr. Douglass, it was RESOLVED that Everett Swenson, 230 Wesland Road , Southold, New York, be GRANTED permission to construct a carport that is at least 35 ( feet from any street line and at least 10 feet from any side yard line. Vote of the Board : Ayes : Messrs : Gillispie, Doyen, Tuthill and Douglass . PUBLIC HEARING: Appeal No. 2493 - Upon application of John and Patricia Koehler , 23 Essex Road, Essex Fells , New Jersey, for a variance in accordance with Town Law, Section 280A for approval of access . Loca- tion of property: King Street on Majors Pond Road, Orient, New York, bounded on the north by Willow Terrace Farms; east by Willow Terrace Farms ; south by Thompsen; west by Reichel and Gazarian. The Chairman opened the hearing by reading the application for recognition of access , legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification had been made by certified mail to : Mogens Thom sen • Marie- a i p Lize Gaz r an and Walter E. Reichel . Fee paid $15. 00 . THE CHAIRMAN: The sketch accompanying the application shows Majors Pond Road and the property of John and Patricia Koehler on the corner of Rowe Drive and Majors Pond Road. First I should state that one of the members of the Board is the owner of the subdivision which this piece of property is a part of. Robert J. Douglass is not participating in this hearing. The access is as good as we have ever encountered . It i SOUTHOLD TOWN BOARD OF APPEALS -22- November 30 , 1978 is 37-1/2 feet wide and is basically constructed of sand and gravel and oyster shells . We drove over it after light rain, and found it very good. Is there anyone present who would like to speak for this appli- cation? JAMES R. DOUGLASS : I am agent for James and Patricia Koehler and we will probably be doing the construction of the house . The access is not only 37-1/2 feet wide, the overall access on both Rowe Drive and on Majors Pond Drive is 50 feet and now supercedes the Town requirements for the base. We have gone through that road when the frost came out in the spring when you couldn 't drive on Town roads , and we have never sunk in with a truck,. THE CHAIRMAN: Actually, it is an unusually good road. What is the reason for having it 50 feet. Will this eventually be turned over to the Town? MR. DOUGLASS : The way the subdivision on the other section is set up, Willow Terrace which owns all the property in the development and also the park area at the end of original development has controlling interest of the development until the property has been entirely sold. At that point if the new owners want to keep the roads under their own care , they can or the roads already meet the Town specifications so they could be turned over to the Town at that point. At this point we do all our own work which includes the oiling, snow plowing and everything else. THE CHAIRMAN: That gives the future residents an election to maintain it themselves or dedicate the roads to the Town. Do you know if there is any particular tax advantage for the residents to keep the roads private? MR. DOUGLASS : It is not a question of paying the road tax, it is the control of who drives on the road and who doesn't. They have their own private beach at the end of the development . THE CHAIRMAN: There you have an advantage. When you give the roads to the Town on the water front do you have to give them 100 feet somewhere? Even though the Town has accumulated so many 100 foot beaches , they do not know what to do with them. Is there anyone else who wishes to speak for or against this application? (there was no response) Upon investigation and inspection the Board finds that the applicant requests recognition of access on Majors Pond Road, Orient, New York. The access meets the present Town requirements for roads and is constructed of gravel and sand. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie , seconded by Mr. Doyen, it was SOUTHOLD TOWN BOARD OF APPEALS -23- November 30 , 1978 RESOLVED that John and Patricia Koehler, 23 Essex Road, Essex Fells , New Jersey, be GRANTED recognition of access as requested. Location of property : King Street on Majors Pond Road , Orient, New York, bounded on the north by willow Terrace Farms east by willow Terrace Farms ; south by Thompsen; west by Reichel and Gazarian. Ayes: Vote of the Board: / Messrs : Gillispie , Doyen, and Tuthill. PUBLIC HEARING: Appeal No . 2494 - Upon application of Jim Molloy, 26 Treemont Street , Garden City , New York, (Mattituck House Movers , as Agent) , for a variance in accordance with the Zoning ordin- ance , Article III , Section 100--33 and Bulk Parking Schedule for per- mission to move a building with insufficient front yard area. Location of property: Leeton Drive , Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. The Chairman opened the hearing by reading the application for a variance to the zoning ordinance , legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification had been made by certified mail to: Robert Berge and Alex Orr. Fee paid $15. 00 . THE CHAIRMAN: The application is accompanied by a sketch stating Long Island Sound is to the north; Leeton Drive is to the south; and that the new location is necessary because Lonq Island Sound is undermining the dwelling which is on piles on the northerly side. The proposal is to move it to the new location approximately with the same side yard setbacks . The building will be 40 feet from Leeton Drive and the Zoning Ordinance requires a 50 foot setback. This is a lot that was created long before the present zoning requirements for sizes of lots. Is there anyone present who wishes to speak for this application? FRANK ZALESKI : Several years ago I moved the house back to the east of this one. THE CHAIRMAN: At that time did you have to come here to get a variance? MR. ZALESKI : , No . THE CHAIRMAN: Maybe you had enough front yard at that time. It has now disappeared. MR. ZALESKI : Mr . Terry said at that time it was alright to do what we had to do. THE CHAIRMAN: One thing that looked good down there was those ( new aluminum groins . How long have they been there? x , i . n , r , _ l 'Oy E yd �C +C �O O p< G J7 -� n -14 KING r,.5 s r = 1 u IrtY PaLE j S0BO0°5 2'4O"E .07 j¢c o or � rIN ° hll�t J INS O ° --f° I d � GeOJ5 i -1 c _ I v R-40 US o = z�o now or formerly E-°S CO)o I �' I I r"�� I -�FEae O¢ SITE RoIY rTp. Brenner wf ° � �-\ - II ^Vf` R-x0 \w a \\ 1 \�- 1'•i NE am o o ° _ $ i l\li �for�erly W o * :1 e°5e'02'E. O 3 ° � � o Ilsabelle�onz: ° 0pE E o3.zo'- — o` y l Konz �� '\ \m `Nn / f PRIvci HEWE- ; !u I I / S.g3.°6542'4p� 2850 f r� o o \�; Nancy R. Douglas - o / m Tx°o 1,E �n••, ' I. / •'`,�• .• 1 A \\ Cn ENE ?PS.88V"r; ° 'F Y•� �� \ euuo'Na ti 6s 5.88°21'50"E, i w ,: = I I m- o n i 'E 174.17' 6.89°21'50 E> °r1uTY POSE f 160.00' pSO \ � a d� r•, i 01 qtit\`J 9 \ LOCATION MTP \� ✓� a' Nana �0 1 ° W 0t f'" SCALE : =600 °i 110.00 245 �P• 'rNNNi � 1 STONE ORIVEWEY �p II � �/ \ N FRAMES 80000 -ctl! I z srr I ) V GQ i S' I e wRE4E / six—_— noeo_ �LiaO 1a8000 '-y.P fm // I o \ nOnOy �qR�E, IDNW, w°O° rrxOt I ` 10 ) I� ° N.88°2150 'W. 209}.98'II �) 19 I 1 p°- ui4i I r 3 h / 11 L Q !n C, SITE DATA - �� 0 O nowor formerly .IIS € Fp'�' / / I` �r °' I. TOTAL AREA = 8.0084 AC. 4 Stuart & arol a °51 2. TOTAL NO. OF LOTS = 4 MagerLLJI II 3. ZONING USE DISTRICT; \ 1 81.1' m / I R-40 RESIDENTIAL LOW DENSITY A-A R-80 RESIDENTIAL LOW DENSITY A J-J / 0�00 a 00' I o SPO,. 3 yo o \ --- / ` SF (a r sr �?. 9' r��o � now or Fol 1 i I Nancy R. rm ri ug�S! o I II \\ W 0 o D SII III V V • \ 6 / _ !� POND U II I I W E / 0 mu SU IT Is A VrounON Or Park w a I l fGrrar r1W Or „IE Mw 10m VAR wNc.,,°yaw '$� & plpygro I i . 0 l ;°ruc a mIs sucver Aur Nor rEArola1p \\ r'NCTN'i µA(4Nµ8 IL>I N C(]r,:lOErin O 1 \ 3 Co N _O N L. A NAW Irly (°r1' /Q u*xtxscs n¢zu.nac 1¢110,1 s AIL WN ° �. � xNPv.cr+r°nx,l°arrrt6WvtE ` / STANDARD / YIELD MAP r \ V ,IaN.Y,, ,w.aruNxl ucru ns,°n. .N4 •� - y SUBDIVISION SKETCH PLAN 1I D 11 .r �I � rRIEr ,�6I rA e 1 PREPARED FOR ..-111: Alwswangs a.rz..r�caEm.Aror .rA1 aN......+a .,. ... \\ W.I LLOW TERRACE FARMS , INC. AT ORIENT NOTES: TOWN OF SOUTHOLD ■ =MONUMENT O=PIPE SUFFOLK COUNTY , N . Y. 2 SUFFOLK COUNTY TAX MAP DIST 1000 SECT, 02e ELK 2 LOT 39 10 3 TOPOGRAPHY SHOWN HEREON ARE FROM ACTUAL LOCATION AND 11 TOPOGRAPHIC MAP - FIVE EASTERN TOWNS" PREPARED FOR THE NE' SUFFOLK COUNTY DEPT. OF PUBLIC WORKS. DATUM IS N.G V.0 I MS L 1929) f EB 2gm YOUNG 8 YO 400 OSTRANDE HEAD, N.Y. r SOUIHL�U 1 ALDEN W YOUNG , IN . 8 L.S. LIC. NO. 12845 1 DATE + DEC. 30, 1992 PLAI.111'I`G i�.J ..•I m. HOWARD W YOUNG, N Y. S.L.S. LIC. NO. 45893 r. SCALE : I" = 100' THOMAS C. WOLPERT, N.Y.S.P.E. LIC. NO. 61463 NO. r 92 - 0464 KENNETH F. ARRUZZO, N.Y.S.L.S LIC. NO. 49999 50362 9n WM1VYlY4 YYY.H... AWllly I MII SWVIY IS A VIOLAr10N q, ALfIOn flow Of fill Ww%00`ArMt pp(AIIVP Lh. yIW' w (1115 SUlvrt MAI MYL APNNO w lM.li •°t\IYH'I"5 °40 6AL OII b d n VwVC YA (JVY gP1iFe0{k$wID�Wr:j�kCfY.y;.LJ.wrA .„IprlNFeOA1.p"I'llYY I'll IlYaAsRWWlrxmu.Au+>aRuxsrDOrseg/WwlENeVwewrIryalr.0Y.•aLr^M`wy4MlHY.l1unS�u.'•Y roWRlm�r f\9+lAY7wbWUhMVf,lWhtl1 --_0 WroYHNAI v I\ £J _ lJO� aa • OoeKINGfwPP,,M4Lh580.800°52'90 E. .0 U,,11 POLE - I -- --- ARN Ror.O r or formerly o I now Schiller l m o I J � 1 411 o I a4 1G80rNB1°1750 E NDo 0. vary ITO now or formerly I E� o I ._ X �' � _ <sTacnDE � ._c SITE I T GHEE Rif�0. Brenner & wf I y� y \ J I 0 0 t7 I 3 R-90 \ ♦RI�aE a N� O p o Ow o , w \ l NEO y O O A L'= I N WI IIIofacrDerly a\ i n J / . . N8°SBoz"E, 3 o m Illsabet le kkozY Jr. C' r P H / nz �/� /•� � ,!'.y f PRIVET HE00E - W I �73.6190� 2B Nancy R. Douglas o ❑ �o j N '51, 00 \ WULO 174.1710 s S.�e 21'S01� 174.17 I I \ '� 010-bol B'A, uTI41rr PaE Ifi0.00' s o I 0 3 �,- . Q %R� J- 0 ��\ LOCATION MAP _, � ' m� 8800 = .a.F. _ i I�I 0000•<A.R ' \ ) \ E EHEK r w SCAL— Ei'-600 I ,RA. n/f o- ° _ _ ill T, W pt 0 ✓ o Nancy mo - o E.0 of %v Dou ,0�� oA_Laud __I� w N� m t A 210' f:'roSAS°ziSQ'E. `I \ Z Iv _ 110.00' 5/ f EL 1 p 1 / O va loo STONE DRIVEWAY �Jy�I ��-\/ / O PI 1L o £ 8$000 **- �.F IIS ' z STY. WMUESE \\ / N a, I ' / \ c� G iA �. I 1 16.0 1 � ) _--- - 11 q\ 160` IED nTON _nwo— I Iwo 99000 ''-h� 112 0 09 E 3 QQ 1 \ nO�Gy O Y V�i W. MOD FPrNeS \ I \�\ I� // Io` 0 NpP O�� N88421 50 'W. 2091.98 II 1 °I % I 0 Q 1 I // / IIo0 A II to 0 1 1 Im / X59 j I 'o (\ SITE DATA I .0084 AC. o � p now or formerly .I� I Ao ,/ / 1 I I. TOTAL AREA 8 c s WEJ - 4 o Stuart TOTAL NO. E LOTS art 81 rol z 1 v I 6 1 I s� / USE DISTRICT Mager I 3. ZONING S R-40 RESIDENTIAL LOW DENSITY A 81.1150' "W. y R-80 RESIDENTIAL LOW DENSITY A \ \ O T \ I N.88°21 'A I I b� 19 O 0 / Y t /0 / / n �O o \ `o F F�2 f�' /�o now or IforAridj Nancy R. �ugllsl I \ _ _ 1 \\\ 1 I W 0 0 D SII 1 A 6 v POND o 1 U I I 4 \ \ I I O <0/ N I A y_ I i Iz.O A O / E r I '$- \ 0re+"4'a'o\ �q Pork & Flo l ygr0un 3: co 1 0 0 Q n SUBDIVISION SKETCH PLAN PREPARED FOR WILLOW TERRACE FARMS , INC. AT ORIENT TOWN OF SOUTHOLD NOTES: -MONUMENT O=PIPE , 2 SUFFOLK COUNTY TAX MAP SUFFOLK COUNTY I �� NE[V DIST 1000 SECT, 02b ELK. 2 LOT 39_10 �P� .pQ W. r IyYp 3 TOPOGRAPHY SHOWN HEREON ARE FROM ACTUAL LOCATION AND 'TOPOGRAPHIC MAP - FIVE EASTERN TOWNS" PREPARED FOR THE SUFFOLK COUNTY DEPT OF PUBLIC WORKS DATUM IS N.GVD (M.SL 1929). ;}y a � 11 RIWAIIn�-` 4588 ' YOUNG a YOUNG I �8r p 1IYV} 400 0STRANDER VENUE, RIVERHEAD, N.Y. 1 MI'1r L V ISM k ALDEN W.YOUNG , N.Y.S.P.E. 8 L.S. LIC, NO. 12845 MAY 4, 1993 Y� ii II ' DATE I DEC. 30, 1992 J. HOWARD W. YOUNG, N.Y. S. U.S. LIC. N0. 45893 SCALE " = 100' S0U'010LD Tu'1 i ... ,,..I THOMAS C. WOLPERTI N.Y.S.P E. LIC. N0, 61483 N0. 92 - 0464 PLANNING KENNETH F. ABRUZZO, N.Y.S.L.S. LIC NO. 49999 5038-2 •M.".nA. O"III. ...W, °r d anor'✓.vf O]k ATAT1 C 9YYIaeLrq.vs.w`4 YrT+RO ROT 4MD`gGm fpr 4 c@UN1U0 / �M11 i 1 of .nun rxW c°n, _ z ]ryrn:ns. nWCAgD nrudlC _ - -� F__� 5 re.r /Gw N'wdrCyE (EDW P U �• -- - y BCJW KING ° 5 �� 1A N4 n]cymnls r Mua.,W.xWr1.0 rW wPD,]Mq!lAr� _ _- - uTILHv PaI.E--_ - -- _ S.eO° I ��• O , 5°.0o5290"E. /_1vParn—1AOAo--�r I • o -� I rmer�lY �� - ' �� D_ o �� f o i now or foSchiller l l t T- 4 o I eSi "E ' 11 �¢II I�xSn GeorKei017Su -�, Es -a 3 go 00• r J o � o o7 wa5 � o . s now or formerly I $_�� "'� s I1 I ? IIIIZ -<' "Poe \ - p_eO V \ 1 Er R6l5ert10. Brenner & wf o QI 3 I \ r I 1 P roof a ° O O O OW f 9� Wlllla r-�nerty ;. °F`2 3 3 0 0 79abe ��Kanz, Jr. O, N$e°5902"E. O o I t 8 —nZ '�C I\o ssH°uE DoE o £ - 103.20 C _VOJ /m N / Ka 1 ''✓ \ pmn / f PnIVETLARGE'� w H� X73.69' 050'E. r \\ ° \�� y\�\^q Nancy R. Douglas 73 0 / N IA CA �^ "-' ro' m El o �� / ��4 3-n A L ,; y��•.�/ Iry ti ro �I 0 N. a"�Lonw' �m5.88 221'50•E y o ti •0; '" 17917• S.88°21'50"E. m 160.00' RP _ +m° A6T°50�50'� 0 do•w s q�W 0 �ol s o Q S O awn 88000 '- oi.F. xm x Or SOOOo+ 5.R °o y �.�p �y �� LOCATION MAP J` \ \ / --AIrPAnE �f I SCALE . =600 o /? o aF Nany cmo "o � I�II now E.00orf-- ��. .\n Dou o_� N I I y .plppe LeJd -15 COLTy V O '� • zn nis zm210' ea°zi'So' m° E- 1 - < 27d O a°' 7 o sro E ouvewAr � o =1 \ o Cp" oY :� 0 2 7EPnc / o o. nN / h �o £ I Z �w_y(/ / \ ) 82000 t h,8 31 a sTs o"Pnw�E SE No- � o �Z 1 �• \ / O�� )e weLL to ° 0 STONE ROAD--\ � h 13 ^ T/N ' l0�mJ9\a`'S Iso RTHT--OF WAY 1° 99000 '-o,,P IFM /� j v `o 0`11 R ` I C0°W, wood r Nc 1 to / o m Np�C� / Q�\V N138-21"50N+ 2091.98 I` f~ a `• \ // I I ° 0 1 }I SITE DATA o now or formerly .IIS i Aon / �/ N I TOTAL AREA = 8.0084 AC. o Stuart rol 1 9255 / I 11 I\% 2. TOTAL N0. OF LOTS = 4 Mager II s' I 3, ZONING USE DISTRICT: r R-40 RESIDENTIAL LOW DENSITY A-A `o II U- N.8881-21;-50.1w° r�,' / I R-80 RESIDENTIAL LOW DENSITY A <- .PPrA' �O19 f 6 � � •� --- _ m /� 11 °/ - � � I <O �Or h) \ I � F �� B 550 now or ofrm dl Nancy R. �ug qs" \\ 1 3 I � 10 I I -m W 0 0 ❑ Si A O� r S A °00, v1 1 POND O D � U III I m O / /a l E N l I 6 °A. I L a 1 ' O �YAF Park 8 w e r Iw pt aygroun / o I O SUBDIVISION SKETCH PLAN PREPARED FOR -- WILLOW TERRACE FARMS , INC. AT ORIENT TOWN OF SOUTHOLD NOTES SUFFOLK COUNTY , N . Y. I ■ =MONUMENT O=PIPE � c 2. SUFFOLK COUNTY TAX MAP . NELyY DIST 1000 SECT uen_ BLK L LOT 39_10 �P �]p W, 1,00 ' 'UPOGRA PHY SHOWN HEREON ARE FROM ACTUAL LOCATION AND h G 7* "TOPOGRAPHIC MAP - FIVE EASTERN TOWNS" PREPARED FOR THE ;11FFOLK COUNTY DEPT OF PUBLIC WORKS DATUM IS NGVD ( MSL 1929) 893 y� YOUNG 'S YOUNG 400 OSTRANDER VENUE , RIVERHEAD, N.Y. JUN. 29,1993 ALDEN W YOUNG , N.Y. S.P.E INL.S LIC. N0. 12845 MAY 4, 1993 DATE DEC. 30, 1992 HOWARD W. YOUNG, N Y S L S, LIC. NO 45893 SCALE " = 100' THOMAS C. WOLPERT, N.Y.S P E. LIC. NO. 61483 NO. 92 - 0464 KENNETH F. ABRUZ70 r N.Y.S.L.S LIC NO. 49999 —T! 503&2 i KING ,. s r UTILITY POLE / 5.08000'°52'40'• E 5 . E. ., O 1 -f — o I now 0r formerly T- '1'I o _ c� 1 hill _I- J-' -a,• --/(_ 1, eSi S� _ �� o I 6R Ge0rNel 1750 E'] 1 y m 0 N j 3 _B p0, M '-\ R-401 1 - SO m � � SITE I m g now or formerly , Eat M 1 s.- l R-aD _ ,\, A; RaGerl . Brenner d wf ,� arj �°C 3 - 1 °� ME, aWIIIIDnV` / Fly _ I J Konz, 0. N 8058'02"E. O'L L, , �sabelle Jr. N � ° cOaE 4 £ 1 __103T20 c &a I I Ispo°sz'4o"E Konz n / f rnrvET NEDdE l W 73.64' �-- 2,5°''E. Nancy R. Douglas � Ild I 4 O1 I 'Pik j f \ ?� 5.8 9.88 2150'E 1 vi '^ S.88021 E O E. 1 17417 l ' 160.°0' N f ` \ g° 0 f SO \ �>( dO�eN, =a (c-7 o00 '^-' °a.F n• ='- �. s� \ LOCATION MAP •\� erad . - a o 1. r\y QJ iQ� SCALE . =soo U` i P pa.MEn/f -o- •"-.N °r A'�' eIS Nancy mo n° - 0 Dou ;0 1 1\ one e0d its i— —5SIOI 0 c,XS,H8 2150°E. O O110.00' CESSPOOLS I 1 I p 1 0 E DIR SAP O \\ o y OE°b r CO. v tP £ 81000 ± h.F 1ITrPNAMF SE 1 (� B NRAOE L / / Z5 0 lP 6, / O I 1 N SO O; et\y 'f 7 STONE ROAD 1 /� �y 19 1 tm oss ��FtTGHT--0FWAYj, 14 117 000 f� 1 0t fO�oo9\ � \. jm / I 'E v / WOOD P Nc \ M / j 10 N W N88°21€50f'W. 209}.9811 1 /I y / � a 0 'o/�\I SITE DATA �,)3� o � 'p now or formerly .11� i a°� \� // car N 1, TOTAL AREA = 8.0084 AC. 1 s /' 2. TOTAL NO. OF LOTS = 4 / D 10- Stuart 8 PCarol 56ti ° 3. ZONING USE DISTRICT Mager i I R-40 RESIDENTIAL LOW DENSITY A-A ;If, 81 R -80 RESIDENTIAL LOW DENSITY A ra 2�P OP S \ Y a NOc / / < SPO 0/ ti f�0 I w z1 /1 I A I ••. / SR/' Car Cor �? 6 9 o -� 'now or 7Iform�ridj 1 ` _ 1 Nancy R. f7puI O \� <0/ W )0 0 D S1 4 2� s/ Jar ll '\\ 6' _ �� POND 0 1 ,0/ U III 1 �\ 0 VA /o f E r °.N°`. rt Pork 'S \oma IH & Pl0y9rou I n o` p 1 MIIWNwulu Rulxwu•Jn V1,A,1°III� � \` \ \ I / IG.MISfWLY 1! A VIOInIbN(11 O PVI 3 a5 _O 111 72 01'114 1W YOIY Sled) \\\ \\ C IbtlCfiMM LnW, � SSSCCC Coe69 cf PWS Sam MN No' III I x �� hy�LdM'dw-'*$ebzu WPAPS \ �� , SUBDIVISION SKETCH PLAN S OERIAID W,.SSIAY.1 ° Cllr{IOFII60 P4` S, / `"D KNA CM 91,Y AYESi XQI+'A1fb NltlOn Snnu eun \ ff PREPARED FOR 4NI'ziw 1w't,+dbn la w,rom nN aev� ` .\ _ _� ,T((Y l:L1N?YN1.,fiCNtYfMNA�I /,L,1NC`iX, __ q,WAl�,:,°TI("°1P,°N„la, .nb — WILLOW TERRACE FARMS , INC. a,nN ,�r-rNl ,�:�In� ,n: I A. W.. . AT ORIENT TOWN OF SOUTHOLD NOTES: I ■ =MONUMENT O=PIPE SUFFOLK COUNTY �� NWEW wy0 2. SUFFOLK COUNTY TAX MAP Y DIST 1000 SECT Ude BLK 2 LOT 39_10 I TOPOGRAPHY SHOWN HEREON ARE FROM ACTUAL LOCATION AND 'TOPOGRAPHIC MAP - FIVE EASTERN TOWNS PREPARED FOR THE '�IY _•-f' SUFFOLK COUNTY DEPT OF PUBLIC WORKS DATUM 15 N.G.VD IM 5,L 19291. as�y`� �� s°uTHDLDTawN I PLHNNING BOARD YOUNG H YOUNG JUL 20,1993 400 OSTRANDER VENUE, RIVERHEAD, N.Y JUN 29,1993 ALDEN W.YOUNG , N.Y,S.P,E. H L.S. LIC. NO. 12845 MAY 4, 1993 DATE DEC 30, 1992 HOWARD W YOUNG, N Y, 5 L S. LIC NO. 45893 SCALE I = 100 THOMAS C. WOLPERT, N.Y.S P.E. LIC NO. 61463 NO, 92 - 0464 KENNETH F. ABRUZZO, N Y.S.L.S LIC N0. 49999 50382 i 0 0 P Young & Young, Land Surveyors O •r __� _p_ 400 Ostrander Avenue, Riverhead, New York /1901 i�Dung I KING 516-727-2303 s R 4.5 / EMsEiDungS'80'47',3 . / --II II , `.�•,\4 AldN. Youorwa, Professional tTgtiY •r & Lm Land d S ureyor ^• y 000' 11; q- oformerly AXMHard N. You ; ta. d S.myor chiller I5. � Thom" �LAProfessional nrse� SF at Gear Kmneth F6uo, LandSumeyorIo o GFIo10 i rM...II+aE m o IR \ mI--1 I '+ L ' 'I� Ao o ow or nformerly ' - TERRACE I I zl -FEHGEOZ R er O. Brenner o wf O U O h rTl�/ /O O \\ - - FAgMS i 14� y.. "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY former lass o �I 5.26°4210"E. v. y M ro 6U /` \ ,�, WITH THE REQUIREMENTS OFTHE BUILDING ZONE ORDINANCEOFTHE UV a \ �� `Robert J Doug J 120.00 1 W AO/P zfO^3 Mo+l"E / TOWN OF SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION O = '61 278 OF THE TOWN LAW AND ARTICLE XVIII OF THE CODE OF THE N.89°03'00'E. \ 3 O TOWN OF SOUTHOLD" W 4 �. 0 , O V - 103.20 ,. � � rly 1 _ - _ __. _ o o ^ Sao°q71 oz , ancy R. Douglass PRlvpi�HEDGE� 3 iV m I 73,64' 30"E _ 0 E \ I --f "I HEREBY CERTIFY THAT THIS MAP WAS MADE CONCRETE ACTUAL SURVEYS 111111 ��V��V COMPLETED DALLY,1993 THAT HEIR LLITIONSA ECORR CORRECTLY WN � M -'� y 5?O _ �C THUS' ■ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY m-m ❑ Z ro I 949f1 �qpO E\\<�A], 1 {.S yti, SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE01 CORRECT. Ids 131 NZZ� C/�(Cz�•F N' '>4\'; �/ �/ ,/ i , el' O880 D3 3 2117 E - o W m ° �- �3 4 \ N6� 25e 174,17' - �, 588 1640"E. liv 7 £ s ' KENNETH F ABRUZZO, NY LS LIC NO 99'J99 Ip UTILITY POLE _ 160.00ell ' I f o, \ m`o \ e •\/ / ', 'lb If `� \ IeleOjgO' -0 "-' 3n IIs 43645 S.f. '1610--- q 0� [.m \ \ THE WATER SUPPLY 8 POSAL FACILI TIES FOR ALL LOTS r�R / NGN:88 21550"W o b _ or o� .a 9 1O m IN THIS DEVELOP /rIJE' Y WITH THE STANDARDS AND R ' 1 1,! >42263 -N O rv ' -r I - 1.002 PAC. I _ I \ O"y, m m n + (iY \ LOCATION MAP REQUIREMENTS C Y DEPARTMENT OF HEALTH gg i %'✓� i now r glass rly pi N 820036 s.f. h HS n of tQ�( a' SCALE 1=soo ,`TryC. W ..n4y 0 o h _ n\O B E O'Cd o(f MMAINanc�, lasso 1.8833 AC. rE�T "� *F µ _ n m \ \OU 0\_L �__-IS {_ S ERT, N.Y S PE LIC NO 683 9�@� LCato fr 6g IYI 5.88°21'50"E. ° N.88°2I'50"W. 270.00 1 a N.88°21'50'W. 207.96'o' \ 0 �, , 0 1 \"' - 110.00' z 1 m cR0 cIC.P, _ / Iln S E L 1AS 0 aO ba a 9 0 DRIVEWAY ,I' i \ O d DR. I m- 10° THIS IS TO CERTIFY THAT IS SUBDIVISION PLAN HASBEEN W- °'z zl H31 _ I APPROVED BY ARTICLE 16 OFTHE TOWN LAW, \ dT O A _ _ _101AC]_ IFS' - _ 113.8 m o, 67494 s,f OI W I I '� x WO.DECK Uoxm 0 4 Or m N " / 0.,3 1.5494 AC. I m Ip GATE OF APPROVAL CHAIRMAN / i g00 m HODS ppPAR. ' 1 IN / TEE, WELL i Z I I p0U5Ee(LTR. '� 1 O 1 \o" WELL 0 d6To0 I I . h �J t0 qT I. (me(\y 65 S.88°21'50E. STONE ROAD 302.95' -O Ni 3 13 TSO Ot /w \ novr R.O 787\88 s.f. 1, I-I1 / I 1OE -6 Oy 0Or ,a . e to 74° N.88021'50"W1 1.808"7 AC. On 1-- w FINISHED GRADE /34'610$�O" L ¢ NOTE 82 AL. O - I. ■ MONUMENT FOUND 0 PIPE FOUND a TANK � 2. TOPOGRAPHY SHOWN HEREON IS FROM A CTUAL SURVEY AND 'TOPOGRAPHIC MAP-FIVE EASTERN TOWNS" PREP ow ARED Rh \ ' I %y O Ql. / �/ �, FOR THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS. i `•-�� O nor formerly / 1r . �� Stuart & Ip--�IrMager 01 m I �3°00 3 /' ! @6 Ggouxo w3req 81.11 \ U+ II 1 I� p x \\ �O \\ 1 N.88°21'50"W. \ _�0�� 1) OWNER1p !! \ NTo"// / / WILLOW TERRACE FARMS,INC. O, a, / 9 e \Ion I i0 m TO/ 1 C/O JOHN WAGNER, ESO. SUBMERSIBLE r> C N w 1 EXISTING ROAD TO BE FINE GRADED TO A P.O. BOX 279 gMEX31BLE PVNp B , ___ 0 TYPICAL WELL DETAIL \\ / ` Ow Ie(ro 5 --50' M T OI / I WIDTH OF16% PROVIDE ADDITIONAL STONE BLEND 108E MAIN ST. / I WHERE NECESSARY TO MAINTAIN UNIFORM GRADES, RIVERHEAO, N.Y. 11901 pr o /� 0� I AND A 3'CROWN. PLACE 2-I/2'LIFT OF BINDER \ 3 wty Flie �// 3 m I \`\ - ASPHALT AS PER TOWN OF SOUTHOLD HIGHWAY I llC E \ SPECIFICATIONS obd(v\s1onS0(4o FINISHED GRADE Ot\ \\� / _ / \\I III epi„R, ;:"MIRE". _T/ `or P / I \\ \ 1 COl1NTV DEPARTMENT OF HEALTH SERVICES IH••I'-- 1 1 llYa•.r-' �2 \ / `•\ z 3 - GG I\ a I I \\ 1 New York JUN 15 1994 SITE DATAI - rPxE / _/ I \\ \ s It to COW that the I. TOTAL AREA = 7.9948 AC. . PND " ° 300 XD.FT \\ / �--� g °' o I 1 Pfopeeed arran emelda for welyf Wlpply Clo i l and sewage disposal for e v✓ �a rVlLpe r0. m s 2. TOTAL N0. OF LOTS = 4 \ mIn 3. ZONING USE DISTRICT: L aMIN. `IDE N„` of I Were'LSelnthohe bo with stotalof �-f�- pts R-40 RESIDENTIAL LOW DENSITY A-A s� T sEP00Ic iLxH \ S 1 2FG3 w c '' II II \\ constructionapproved standards in elfeet ve et theak8ma of construction. Tift nform M R-80 RESIDENTIAL LOW DENSITY A I a'MI' DE D wATEa / 1 Opo y III \ \apmval shall be Valid only In the event said subdivisiorudievei. 11` G� �o �\ 11 11\ WprnaLa plan is duy filed with the County Clerk within one year of yC , / / �� / I�IIa dale• ConsenR Is hereby given for UTe fling of this reap on AAf TYPICAL 2 PO DISPOSAL SYSTEM /S /�Ol. F x(Nch this endorsement appeare In the Office of the County Clerk gq R USE 2 POOL SYSTEM \ S 1 �✓ POND kq sxoaiance with provisions of the PubliC Health Law aid the WS�R \\ / II 'auffolkpunty Sanitary Code. glt� y / JDSEPHH. HAIER P.E. FINAL PLAT pRGFEgTT LINE �� / �a/I \�T\ �yS�Syy,,� MAP OF 5-MIK A D \ \ f�reclor, a•WNIVa1 M EJfvl,w N.q.a•, Wellly WELL 4 WELL \IO s\\ � ,y1 M 12.0 \ \ I ESTHOLEOLE o,o' \ e6i°? �t P k I l ` �e ( WILLOW TERRACE FARMS INC. \\ Y9rou l l t pe At: ORIENT Town of: SOUTHOLD HDv3E a • AOxLO" z.s' \\ ; \ I SUBJECT TO GOVENAN766 prOTRICr10Ns LIBER J.L.Y..[J os g „A IL I LE \\, I ` , a PAGE /.+l/ Suffolk County, New York " 3'MIN EEFTIC iANN YF1' C TARN IN :I \� Suff. Co. Tax Map: 1000 26 2 39.10 T3 A.OLE \\ \ 1 "� DlEtrkf &Ballon eloek Lo! E' E.G- GROVNO WATER \ �� / NIH. 0 POOLEADI. HINO P OLMIXO R°wx PINE R�°\\� `-/ N ��oF EW y A x W col,"a"" \SANG RF \�--/ w' ` _ I S� / ROAD �f'^J APR. 22, 1994 FEB. 28, 1994 I� 4 JAN. 7, 1994NOV R�z� TYPICAL PLOT PLAN _ ( DATE :AUG. 24, 1993 50 0 60 100 EiW SCALE PAe JOB NO. : 92-0464 I! SHEET NO. :1 OF 1 O �Q 50382 0 14. POLE KING 1 VTILITV / t sr � I 7-al OOOo52 "E v — formerly ,,,, 1 _ c) 0i w I now °f . chiller P.A. SJ� 1 0 1 X7l1 0l -SP-� I ° IGeor9e I s R N00050 E I I I _T I1.IRS 3J r� T l � C J O o �o no now or formerly I E o` ��if -- S �\ I 5 Ratner . Brenner 8 wf o` ' -� 1lAe�� '�toY`v^A xssPPpYUer« °OP^m`'�c bE, N�ot``ffn-N+-0-•-EN ieo°a5.zo' - ' ` �III I / 3' � � �/ -n-YsIP`,-��SI1TE W�R� "Pc2 NWIIliaye\rly R- eo 002 1, En Sobel K vfez, Jr. y593nE - PIVT eoce °3290ENancy RDouglas s9 •� \> � Bso"EDD ✓L'. � ,f^. 11 TO V\1 is, S.88-21,5 .. °1LLD 1 eN S.ee 2150"E og0°OH: 1T9 A fS,6e°21 X50"E. 25. n\ -u rll nr POLL 16000, CJ. \� Jo o q 0 �I O4 mr m �� \ � 15 5 ° � � PPP r01000fy.E LP / \ IrPPMEn/f � w Douy na - ,F-;�W --or f�r'r r 6 �� LOCATION MAP zm I I n 0 nReort (1\, scALe 1 -=eoo� \ °' lone eu6 IV \ '\% �N \ms sm6,e9°2150° - 50 - o Oram\ �_ \ \ 110.00, 0aa0°L,z lo' \ ° I O I`rs Tory ryE Pn _ owAr I 6 m ° o "ITaV 0:O MIT CIS./ .£ "" / y v G� 81 ODO t c-a.f y z STY FBAs SIF / W RAGE I`� / 'm I I IS I )� .ILL I6.° erAY f _ form \ass sroxE RD4O� // y /v / moi 01 Ooo9 r_, f2TGHT--OF- -- > II7 °oo Fo M —lam y'F (m / I E o Nancy �``\v�' /O��W WOOD FTruc 1 I io // IE o Nee°2150�'W 209}.98'11 \ 1 `I N a i1 o S 1 l r I / 0 0 q � 13 o now or formerly .Ii� I ' �. 0 /' i 11` �� -� SITE DATA �\ y� ° g Stuart & �rol 62055 AO / i i I. TOTAL AREA = 8.0084 AC. Mager 1 S. 2. TOTAL NO. OF LOTS = 4 \�•� l I1 I 91 n' 3. ZONING USE DISTRICT: P \ 1 N.68°21'50"W, a N �/ 1 R-40 RESIDENTIAL LOW DENSITY A-A R-80 RESIDENTIAL LOW DENSITY A 00 / r \ 6 F` / 1 0 S V'. (o PO �� i/ I � ° / S I 1 iii EA'NE'n'' j <O/ SFS'' F "now or I 1 1orMIrlyl I �\ F+ Nancy R. DpugI S, 1 1 1 Ji I V a o W S 0 O D SI I \ Of 3o S! I 1 v'V 6' POND m s n I m I 21 m / S cOD I _� Yv\ E� �r Pork +oma v Iw pDO w c i 0, 3 Do o \ 0 /MwVME1MLwl Aua .SK PR.AwPw • ` \ \ C/Y SO 1NS'"VI,N'A'VI6LAl1°W SUBDIVISION SKETCH PLAN j 1ECfVp(•,7.,""WYY WIR fpYCRaIOM II[nV � i` SpYW,LI IRB sAlVtY MR!MOT E1{,EIfY. ' Ot Wrp.fpppgia unP YCaL uM e^r . _ ��_ __- 'eS'".W%LSMa rui 4 PML'IpFnp t — —___ -_ _— _ _ PREPARED FOR — o W -,40. 1.v Y`A WIN.1N[UhYE T rr# .�. `I�NWILLOW TERRACE FARMS INC. 'fX1 C1SMr4YY.PD4lY4RLx1At PFMKY,+fW ./rtYfn:Tb14°YNM IIYP9 H'.RMu'M•B wl na1Y.N.lY PF FML 4"YMG IM.1."I. 1 -',3/PL+WfFt•AM.MO{,TpWlpWW NOTES. ��,�..,.,.•.,w,M:.,MN .��,M ... AT /ORIENT ■ =MONUMENT p=PIPE TOWN OF SOUTHOLD 2. SUFFOLK COUNTY TAX MAP DIST 1000 SECT 22b BLK 2 EDT 3910 SUFFOLK COUNTY N Y. 3 TOPOGRAPHY SHOWN HEREON ARE FROM ACTUAL LOCATION AND TOPOGRAPHIC MAP - FIVE EASTERN TOWNS" PREPARED FOR THE SUFFOLK COUNTY DEPT OF PUBLIC WORKS. DATUM IS N G V D (M.6 L 1929) I 1 I f 3� W Y 1 JUL 20, 1993 Y NG Y U JUN, 29,1993 40 A VEN VERHS. LIC, N DATE DEC. 30, 1992 1993 ALD 0!)1,1 g+�; . BLS. LIC. N0. 12895 HOL.S LIC. 45893 SCALE , I�� = 100• d THOMA Y 5 P E LIC, N0, 61483 NO 92 - 0454 dh 1` KENNETH Z0, N.Y S.L S LIC. NO 49999 901R.2