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' 1 ~ X Q4RQ:34.EI r I tdJk5E5 t ~ ~ 'i~~Fw ~ ~ II il€GA819[U 9PA.1 ~ 16) pyEI2TIGL ~ Mann ~Y N I -W ii 1 f '®U29E9 --cO0R5E5 w¢. LT ,1 nr ,~I,..„,ryo~rl•111e c~.l 1. a e,111 ,y, r QPEN TOT E.;yQl62l K~ 1 APPROVEU 19 s.9 esw '~u::tit: A1A T N ~I IL. •MI r~l_. ~°-E~li,~~ ID)lIQ5E5 , la I~coODUD w4i Efl ~ n i ` i n i 1 v ;r'r,,i. u u > gyNED IDEVEVJ VED lsYi. SEVE NTY NRRION A64oclAl ~sl °-W OLANNING ~~~*M+'j1+, (C ~Y~~tE ~~`T j iii _2PF10C SYSTEM T(~ I 11 T L - 2'1 4o 1L.tiVELL LOIHr H T APAA RTNFQ P, c1w RINAN ~ fir..~~~ea~k T/ ~ £p1f1_ ;T/i .t_~_ ~ v ePW r~~I[OWAerS ~,r .w+~--i1wtww.." _-L LAFIDS G -N. ' .i ~S6L ~£SPOq.~ f--B --iQ o-' n i ~ o o :."'i1'-~i'.rr - NEW YO K J - jSte FlLL_1 _ ~ r ~ ASSOGIaf O^rT^G. _ _ NvICA} , WECC i - - -I,R?OL SYSTEM ~ - - _ - 1309 - 6 - - III . ~~UFF~'t~ l~~,~ ~ y;;, Town Hall, 53095 Main Road p' ~ P.O. Box 1179 ~~n. bow Southold. New York 1 1971 ~ TELEPHONE (516) '765-1938 PLANNING BOARD OFFICE TOWN OF SOUTIiOLD May 2, 1989 Kevin McLauglin P.O, Sox 803 Greenport, NY 11944 RE: East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. McLauglin: The following action was taken by the Southold Town Planning Board on Monday, May 1, 1989. RESOLVED that. the Southold Towtt Planning Baard authorize t_he Chairman to endorse the final. maps dated March 8, 1987. This subdivision was given conditional final approval on August 15, 1988. All conditions have been met. If you have any questions, please do not hesitate. to contact this office. Very truly yours, ~ OW R. , • CHAIRMAN enc. cc: Assessor's Office Building Department jt ~~oc~UFFO(1t~~~ ~1e d:sCe~~rsd Town Hall, 53095 Main Road i 5 [o«cc4W P.O. Box 1179 O ~ O~ "fh~~ Southold, New York 1 ]971 ~Ol ~ ~j~y, TELEPHONE ~ (516) 765-1938 `'Old PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 Irving Price 828 Front Street Greenport, NY 11944 RE: East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. Price: The following action was taken by the Southold Town Planning Board on Monday, August 15, 1988. RESOLVED that whereas, a formal application for the approval of the above mention major subdivision located at East Marion was submitted to the Planning Board on October 9, 1986 and, WHEREAS, a public hearing was held ,on said subdivision application and plat at the Town Ha11, Southold, New York, on July 25, 1988, at '7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Irving Price, Esq. for approval of said subdivision prepared by Van Tuyl dated March 2, 1987, be approved subject to satisfaction of the following condition: 1. Firewells, if needed, as per East Marion hire District must be noted on the map. The Fire Department has been notified to respond to this matter. Eighty eight street trees should be planted on Rocky Point. Road, as per Town Code, Sec. A108-41. - Upon receipt of updated Health approval and the fulfillment of condition #1 within six (6) months of the date of final approval the Planning Board Chairman will sign the maps. If you have any questions, please do not hesitate to contact this office. Very truly yours, ,9 BENNETT ORLOWSKI,SR. CHAIRMAN jt -y - PHONE:gr~2_2000 C SUFFOLK COUNTY CLERK'S OFFICE Edward I'• .Tfamaiiie, COUNTY CLERK AIV ERNEPI~. N!N YORN 11901 Town o£ Southold Assessor ,Town of Southold Planning Board Chief Deputy County Treasurer To Whorn Ttiis May Concern: The Suhdivision Map Of: MQ,(tCn W~5 Was Filed, (p~~'8'`j Filed Number, ~7~ A}.stract Number, ~ ~ Z~ T Township, Southold E• MaJrion Owner: Very truly yours, County Cterk Map Department 70rm No. 49 u-1sra/w r _ . I i~7~~ ~C~~ ~ ~ ~ DECLARATION OF COVENANTS AND RESTRICTIONS ~ [ _ `SEVENTY MARION ASSOCIATES 2 I~g SOiJTH~7LD T~~ V PLANPJiN~ 6U~ D 1909 This declaration made thisZ~Pday of -~~'v~'e`l 1989 by SEVENTY FEl3 -i MARION ASSOCIATES, a partnership with its principal office located at 1455 Veterans Aighway, Hauppauge, Nex York W I T N E S S E T H I WHEREAS, SEVENTY MARION ASSOCIATES, a partnership with its principal office located at 1x55 Vetera^s Highway, P.auppauoe, New York, hereinafter referred to . o ' as the "Declarant", is the oxner in"fee simple of certain premises in the Toxn of ' Southold, County of Suffolk and State of New York, known and designated on a certain CT man entitled, EAST MARION WOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the office of the Clerk of Suffolk ~3i~~~1 County as Map Number 7045 on the 19th day of January 1982 and bearing Tax Map No. 1000-025.00-04.00-01'!.003. l iYK I c,~ ~I' ??Hl'YBAS, said SWENTY MARION ASSOCIATES, is improving said premises as a ilk planned suburban residential community and contemplate the said premises to be L_ conveyed to individual purchasers, and WHEREAS, said SEVENTY MARION ASSOCIATES is desirous of placing certain 'O 5~ restrictions anon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, THEREFORE, SEVENTY MARION ASSOCIATES declares that the aforesaid I~ land is held and shall be conveyed subject to the following covenants and i restrictions which shall run with the land in perpetuity. III 1. Construction Requirements ' (a) Type of Building ',II No building shall be erected, altered, placed or permitted to ',I~ remain other than detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and having ~ a private garage for not less than two (2) cars. i I~ (b) Accessory Buildings i *!o carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory i building used in conjunction xith a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other 'I, ~ i~ _ ~ ~.1 7r _ _ _ _ _ ' i~791 PG304 • • maintenance equipment used in conjunction with such i individual lot. (c) SKimmnq,,Pool Private swimming pools may be constructed on any lot provided they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be ^_'_^ser than thirty (30) feet to the rear or side lnt lines. No above-ground swimming pools shall be er=cted nr maintained on any of said lots. (d) Dwelling Square Footage Requirements it No dwelling shall be permitted on any lot unless the ground i floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet. ~ If the living area is on more than one floor, the total living area shall not be less than 1800 square feet with a minimum first floor of 1000 square feet. (e) No part of any building and/or structure, exce^t ~~^cover^d steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that i the width of the side yard zbutting on the street other than that upon which the lot fronts shall be not less than forty ! (40) feet. i! l' (f) Approval of Construction_Plans All plans for the construction of any building and/or structure and the siting and facing upon the plot ^~.ist he presented to and approved in writing by SEVENTY MARION ~~I ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of SEVENTY MARION ASSOCrnmgS as to whether the proposed structure will be consistent with, and will not detract from ' the aesthetic character of EAST MARION VOODS community. All exterior construction, painting and grading shall be ~I completed xithin one (1) year after commencement of ~ construction. This approval is in addition to any building permits or other approvals required by the Town of Southold. I '~I 2 _ _ _ , (q) Building Modification All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall of the dwelling or strut*.cre as orieirally zpprnved. Restriction on Division and Use of Lots 'I No ]ot shall be divided and conveyed as two or more separate as*cels. Nor shall more than one single family dwelling house be 'I'~ located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs i!, No sign of any find shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of SEVENTY MARION ASSOCIATES- their successors or assigns. This consent is in addition to any building ! per^its or other approvals required by the Town of Southold. III 5. A^i~^als fio animals, livestock or poultry of any kind shall be raised, bred II;~I or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial nurpeses. In ro event shall ro-e than two (2) such household pets be kept, bred or maintained on any such lot. ~ 6. Trailers, Tents and Shacks ~ No trailer, except a boat trailer as hereinafter provided, or tent, ! shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter ^ro?ided. rr tent shall be located, erected or used on any lot for a continuous ~'I,I !+eriod exceeding five (5) days, and shall not be placed on any lot ~I so as to be visible when the lot is viewed from the front boundary of surh lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. IL ~I 3 I . 1791 P~3~fir ~ 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor I sh?11 anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, plar_ed inconspicuously outside the d~••elling for collection. Trash or rubbish shall not be burned upon the premises. il',I 9. Clotheslines it Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. I 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) fee*. i.n ~eieht, except fe.^.ces which enclose a tennis court which i' shall not exceed twelve (12) feet in height. 11. Tree Plantins i! Each ].ot owner will plant trees on front of cleared lots outside i~ the bed of the road with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. These plantings are in addition to eny other plantings required Dy the '!'ow^. of foothold. !I 12. Com~^on Drive and Open Space l~i ' (a) Open Space Area Subdivider has set aside, as indicated on the subdivision map, an open space area for the use of the owners of lots and their guests and invitees. Said open space area shall be used exclusively for purposes of passive Lacreat'A^. =.nd no buildings, structures or other improvements shall be constructed thereon. (b) Upkeep of Common Drives I'i Owners of lots, 2, 3, 4, 5, 6, T, 10, 11, 12, 13, 16, 1T, 18, 19, 22, 23, 24 and 25 that have access to a common drive shall be responsible for *_heir proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. I 4 I~ (c) Upkeep of Open Space_Area Each lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the oven space area. All decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an I'I association of property owners as hereafter provided. I~ j Pae~e.a of Cq^.`_ributions by Lot Owners Nhile the subdivider holds title to the open space area, he will nay the taxes and expenses mentioned in Paragraph (c) above, and will submit bills to the individual lot owners for I their respective contributions. Such bills will he paid in full to the subdivider by the then present lot owner within j, thirty (30) days after said bills have been mailed to such III present lot owner. Zn the event that any such bills are not ^aie~ by any present lot ek_ner, such charge shall become a lien against any such lot. (e) Homeowners Association I (i) The words "Homeowners Association" or "Association" as used herein, shall refer to an incorporated not-for-profit organization operating under recorded land aoreements through ' cti~Ch p~rh ~.nt `iYner i.S ellt0^_!dtiCallV Sll}+'eCt t0 i1 C?7'r!~° for a nronortionate share of the expenses of the activities of i' the organization. (ii) The words "Lot Owner", as used herein, shall refer to III the record owner of fee simple title in and to any lot in the subdivision, including the Declarant as to an unsold lot. (iii) Declarant shall assume all resronsibilities c'_ *'~e Homeowners Association until such time as Declarant has conveyed 51'k of the lots to the Lot Owners. At such time, Declarants, their successors and assigns, shall, at their own cost and expense, incorporate a Homeowners Association and Within sixty (60) days thereafter shall convey title to the Open Space to the Homeowners Association. I ~ (iv) Upon the creation of the Homeowners Association, as hereinbefore provided, all responsiblity for operation and ,I maintenance of the Open Space shall lie with the Association. Every Lot Owner shall be dee:~ed a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. I~ II 5 ilI -Tf _ _ I (v). ' Xit*.in silty (EO) days after the creation of said Aomeowners Association, by-laws shall be adopted for the government thereof, which said by-laws and any amesd^!~nts thereto shall be approved by the Town Board of the Town of Southold. (vi) The by-laws of the Qomeowners Association shall, in addition to other matters, provide for the following: I (A) Each Lot Owner shall be entitled to one (1) vote at any meeting of the P.ssociation. Ever~~ Lit ^W^er shall be treated for all purposes as a single owner for ' i - su h owne_ s._i~ each lot held irresvective of whether c is held jointly, in common, or tenancy by the entirety. I ~ (B) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeowner's fee. Each and every Lot Owner s~°" he III subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the '~I improvement, maintenance and use of the Open Space. i i (C) The Association shall have the right to suspend the voting _^';hts of a Lot Owner for his failureto pay when due any and all charges due the Association; and that all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to ^rrceed in I~ accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also II have the right to commence action against any Lot Owner i for the collection of any unpaid assessment in any court of competent jurisdiction. (D) The Association shall have the ri^!~t to h~rr~w ~ sech sums of money as it deems necessary for the ' mainenance and improvement of the Open Space, and to secure the same by a lien on the Open Space. ~ (f) Utilty_Easement An easement along the road of said map or any other area necessary is hereby s^eci_'ically reserved fc- t~s installation and maintenance of wire and conduits and of all proper and necessary attachments for the underground service of electric Hower and telephone service and for the installation and maintenance of any utilities, if any, ' ^*ovided, however, tha± said easements shall he under areas designated by municipal or public utilities authorities. ~I 6 I r----Tr - _ _ _ i I3. Invalidation of any one of these covenants by judgment Or court order shall in no way affect any of the other provisions which shall remain in full force and effect. i 14. Enforcement shall be by proceedings at law or in equity brought by ecwr.rTV MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or II attempting to violate any covenant or restriction, either to I, restrain violation or to recover damages or both. In addition, the _ Tns+n of cevr':^id T,,, ~-i^.g a proceedi^g to enforce these convenants and restrictions. l! 15. Failure by SSVENTY HARION ASSOCIATES, their successors and assigns, I or of znv owner to enforce all of the provisions herein shill in no event be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the nlots shown on the map of EAST !"ARION 4TOOD5 and are not Este^ded to ' 2nV' Other PLOBerty P,OW Or t0 be Owne!f CZ:VF~~•rV MTATnwt rccn/•T 21TPC STATE OF NEW YORK ss.: ~ County of Suffolk I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I ha a ompared the annexed cop of Q, /A 79 30 3 ,{,e,C_o-~O~-Grp' ~-t ai / S~9 ~ ~J:a 6 ate„ n.- ~-r~' and that it is a just and true copy of su h original t '/~A and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this ~ day of ~ I~`"''`~`;'~,"-13 Clerk. may"' FOrm No. 104 1Y-109:1/86 ~1„y. ~1 i1,TOtary Public III P;~7i1RY FPJ7JC. Smea o! New York ~i ~n a~i-. 5u2 / c ~ I ~cr Coun~Y gn n,zc. , er 1. 13 --=L i' I'' I _ _ _ • O IS~;~ CERTIFICATE OF INCORPORATION OF EAST MARION WOODS HOMEOWNERS ASSOCIATIUN, INC. Under Section 402 of the Not-For-Profit Corporation Law The undersigned, being a natural person and at least eighteen years of age, desiring to form a not-for-profit corporation pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, does hereby certify and set forth as follows: (1) The name of the corporation is: EAST MARION WOODS HOMEUWNERS ASSOCIATION, lNC. (2) The corporation is a corporation as defined in subparagraph (a) (5) of Section 102; the corporation is a Type A corporation. (3) The purpose or purposes for which this corporation is organized are as follows, to wit: To promote the health, safety and welfare of the residents of East Marion Woods and to own, acquire, operate and maintain openspace areas, commons, streets, footways, structures and personal properties incident thereto. To enforce any and all covenants, restrictions and agreements applicable to the residents of East Marion Woods. To pay taxes, if any, on the common properties and facilities. To do an,y other act or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers. Nothing contained in this Certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General Business Law, Section 340 or any other antimonopoly statute of the State of New York. (4) The office of the corporation in the State of New York is to be located in the County of Suffolk. (5) The initial directors of the corporation until the first annual _ _ _ meeting are as follows: Erwin P. Staller 1455 Veterans Highway Hauppauge, New York 11787 Cary Staller 1455 Veterans Highway Hauppauge, New York 11787 Irving Price 828 Front Street Greenport, New Vork 11944 (6) The duration of the corporation is to be perpetual. (7) The Secretary of State is designated as agent of the corporation upon whom process against it may be served. The post office address to whicn the Secretary of State shall mail a copy of any process against the corporation served upon him is: 828 Front Street P.O. Box E Greenport, New York 11944 IN WITNESS WHEREOF, this certificate has been signed this 16th day of February 1989, by the undersigned who affirms that the statements made herein are true under the penalties of perjury. rank Rosa Jr. 283 Washington Avenue Albany, New York 12206 _ _ CERTIFICATE OF INCORPORATION OF EAST MARION WOODS HOMEOWNERS ASSOCIATION, INC. Under Section 402 of the Not-For-Profit Corporation Law Filer: J. Kevin McLaughlin 828 Front Street, P.O. Box 803 Greenport, New York 11944 NYS DEPARTMENT OF STATE F:[L.Ii~I- I{IEfai:::[F'"f Li~l4J1+I''%:?(i I.1I0td (tdUh FUI t'htJ(.i. CORPORATION NAME i'' S I' t r 'T hh"-di:Ltati~ bl(3LfA'+`~ 4ii tit '.i _ ~i:,;~Ut l i'i'i 1Cti7, St4l;. DATE FILED DURATION 8 COUNTY CODE FILM NUMBER CASH NUMBER NUMBER AND KIND OF SHARES LOCATION OF PRINCIPAL OFFICE TYI'fn ar F 1 ADDRESS FOR PROCESS REGISTERED AGENT r r,oN r s rrcr:_,-. r i ~o riox. f_: Glti'F.ia~F'OR'r NY 'i f'"}4 I FEES AND/OR TAX PAID AS FOLLOWS: AMOUNT OF CHECK f AMOUNT OF MONEY ORDERS AMOUNT OF CASH S f ~)`7 i~}.(I FILING f DOLLAR FEE TO COUNTY f TAX FILER NAME AND ADDRESS f CERTTIFIED COPY .J. KtiV ~'r: iiC;f_.~;((;1-IL.:[N f V7 (i. (11)~~~1.4F~GPI~1_.F,NEOUi r~ROraT :rrf>::rr c+c)cx>~;;:,r).I:)e) ' TOTAL PAYMENT f IrRE:I::h~l-'t)Ft T h~Y I 't 74Q REFUND OF f TO FOLLOW t_. r.' GP-I .I: L. v ...,IIFtI 1-L:1 fi~I:ia.~P:'.1~.'IliftY UI' 2.;ri'i' 380804-003 (8/84) ~ ' 1 I ~i { MINUTES OF ORGANIZATION MEETING OF EAST MARION WOODS HOMEOWNERS ASSOCIATION The undersigned, being the sole incorporator of this corporation, held an organization meeting at the date and place set forth below, at which meeting the following action was taken: it was resolved that a copy of the certificate of incorporation together with the receipt issued by the Department of State showing payment of the statutory organization tax and the date and payment of the fee for filing the original certificate of incorporation be appended to these minutes. By-laws regulating the conduct of the business and affairs of the corpora- tion, as prepared by counsel for the corporation were adopted and ordered appended hereto. ~ The persons whose names appear below were named as directors. The board of directors was authorized to issue all of the unsubscribed shares of the corporation at such time and in such amounts as determined by the board and to accept in payment money or other property, tangible or intangible, actually received or labor or services actually performed for the corporation or for its benefit or in its formation. The principal office of the corporation was fixed at Dated at _ the ~J'~day of /l~a+~L 198q Sole Incorporator The undersigned accept their nomination as directors. ~ i,~~, Type Director's Name Signature ERWIN STALLER ARY F STALLER IRVING L. PRICE, JR. The following are appended to the minutes of this meeting: Copy of certificate of incorporation, filed on Receipt of department of state By-laws u I I ~ i I' i BY-LAWS OF EAST MARION WOODS HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE, I NAME,,_LOCATION._AND.1?1tINCIPAL.,nFFICE These are the By-Laws of East Marion Woods Homeowners Association, Inc., hereinafter referred to as the "Association". The principal office the the Association shall be in the Town of Southold, County of Suffolk, State of New York. ~ ARTICLE II_._-_ DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to East Marion Woods Homeowners Association, Inc., a New York Not-for-Profit Corporation. (b) "Developer" shall mean and refer to Seventy Marion Associates a partnership and its successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the i Developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration of Covenants and Restrictions, applicable to The Properties and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, and as shown on the subdivision map of East Marion woods. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of The Properties but ~ shall not include the Open Space Areas as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set Yorth in Article VI. i i_. _ _ ~ (g) "Home" shall mean and refer to all units of residential housing situate upon lots Located on The Properties. (h) "Owner" shall mean and refer to the record owner of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as s single owner for each 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, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled. (i) "Open Space Areas" shall mean and refer to certain areas oP land ~ other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners of The Properties. CI) "Development" shall mean Map of East Marion Woods, a 26 lot subdivision located along Rocky Point Road, East Marion, New York. ARTICLE III -PURPOSE This Association is formed to own, operate and maintain the Open Space Areas for the benefit of the Members of the Association and to otherwise act according to the provisions of the Declaration. ARTICLE IV -APPLICABILITY All present and future Members 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 Open Space Areas shall be limited to the use of the Members or their families residing in their household, and the Members' guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the lessee may not use the Open Space Areas at the same time. ARTICLE VI -MEMBERSHIP AND VOTING RIGHTS ` Section 1. Membership. The Association shall have one class of membership interest as follows: The Owner of each Lot on The Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to I • i II II one vote for each Lot in which they hold a membership interest. When more than one ~ person or entity holds such interest in any Lot, the one vote attributable to such Lot I, ~ shall be exercised as such persons mutually determine but with the exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in j! the election of Directors. ARTICLE.,.._VII_____QLTORUMy__PROXIES._,_AND, WAIVERS I~ ~I Section 1. Quorum. So many Members as shall represent at least 51% of the total authorized votes of all Members 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. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least five days` written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the ~ meeting originally called. At such adjourned meeting, so many members as shall represent at least 33-1/3 of the total authorized votes of all Members shall constitute a quorum. i 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 i by written proxy shall decide any question brought before such meeting and such vote i shall be binding upon all Members, unless the question is on upon which by express provision oP 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 questions. 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 I valid for such meeting or subsequent adjourned meetings thereof. Section 4. Proxies. All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of III such proxies shall be made in the minutes of the meeting. _ Section 5, 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 of 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. I ~ ~ ~I II ~ Section 6. Place of Meeting. 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 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. 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 8. 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. i Section 9. 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 oY a notice in the manner provided in these By-Laws shall be considered notice served. Section 10. 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 tin the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business 1 ~ ~ ARTICLE._VIII__- BUARD__O~__DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall not be less than three nor more than five. An initial Board consisting of three Directors shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve to one-year terms and until their successor 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. Each Director shall be at least nineteen years of age. __I' i _ _ • ~ ~I'i i Section 2. Cumulative Voting and Right of Developer to Designate Certain i Board Members. In an election of Directors, each Member shall be entitled to as many votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing, the Developer shall have the right to designate three Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is sooner. I Thereafter, the Developer shall have the right to designate one Director for so long as it holds at least one membership. The Developer may not cast its votes to elect any Directors in addition to the designated Directors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes ii vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining Directors though less than a quorum, 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 right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member. 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 Owners personally. These powers shall specifically include, but not be limited to, the following items: 1. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses. ~ I 2. To collect, use and expend the assessments. 3. To maintain the open space area, as designated on the subdivision map of East Marion Woods. ~ 1 I~ ill 4. To open bank accounts and borrow money on behalf oP the Association and to designate the signatories to such bank accounts. ~ I 5. To collect delinquent assessments by suit or otherwise, to i ` 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 same Prom 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 t:he Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. 7. To employ workmen, contractors and supervisory personnel, and to purchase supplies and equipment, t:o enter into contracts to provide maintenance and other services and generally to have the power oP Directors in connection with the matters hereinabove set forth. 8. To bring and defend actions by or against one or more Members and pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent to perform and exercise the powers of the Board oP Directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions, shall have management of the business and affairs oP the Association and may have power to sign all papers which 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 oP Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, .as such, shall receive no compensation for their services. ~I ~ i ,I 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 I, 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 I regularly scheduled meetings of the Board shall be set. ~ (b) Regularly scheduled meetings of the Board may be held without i special notice. l I (c) Special meetings of the Board may be called by the President on two 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 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 two-thirds 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. 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 public account and a statement regarding any taxable income attributable to the Members and a notice of the holding I 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 handling or responsible for Association funds I ! ~ l ~ shall furnish adequate fidelity bonds. The premiums of such bonds shall be an expense II, of the Association. ARTICLE IX. _ OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board of Directors and shall be 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, Members of the Association or lessees or occupants entitled to the use of The Properties in ~ lieu oP the Member renting or permitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President rnust be a member of the Board. i 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. An 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 present at such meeting, 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. 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 the 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. I I . • ? i 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 it votes and the minutes of all proceedings in a book to be kept for that purpose and i, shall perform like duties for the standing committees when required, He shall give, or i! cause to be given, notice of all meetings of Association Members and special meetings Il of the Board of Directors, and shall perform such other duties as may be prescribed by I the Board of Directors or by the President, under whose supervision he shall be. I Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts II 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. 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 required to be given to the Board of Directors or to any i 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, 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. ~ ` l I ~I ! ARTICLE_XI___-._AMENDMEN,TS These By-Laws may be altered, amended or added to at any duly called I meeting of Association Members provided: (I) that the notice of the meeting shall I contain a full statement of the proposed amendment, and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds percent (66-2/396) of the Members. 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 Lot. Nor shall any amendment have the effect of infringing upon the Developer's right to make membership in or use of the Association available to purchasers or lessees of j the Lots on The Properties. I, ARTICLE_.._XIL.._-_,_SELLING~, LEASING, AND GIFT$.__OF._ LOTS Section 1. Selling and Leasing Lots. Any 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 Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however, may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board or its designee shall furnish a written statement of 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 foi• the issuance of such statements. 1 The provisions of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquire title to such Lot by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the Lot which were assessed and became due prior to the acquisition of title to such 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 assessment which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall include the Lot, the Member's interest in the Association and the Member`s interest in any Lots acquired by the Association. Section 2. Gifts, etc. Any Member may convey or transfer his Lot by gift during his lifetime or devise his Lot by will or pass the same by intestacy without restriction. I i I i ~I ~ I~ ARTICLE XIII -GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed it by resolution of the Board of Directors. 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 oP 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 upon reasonable notice to its Board of Directors. The Declaration, Certificate 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 required. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case oP any conflict between the Declaration and these By-Laws, the Declaration shall control. Section 5. Severability. Should any of the covenants, terms or provisions I herein imposed by 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. 1 5 ~I i I ~ i i Ii THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-Laws as the first By-Laws of the Association, in accordance with the requirements of the Not-For-Profit Corporation Law. Dated: March 1989 i~~~ ERWIN P. STALLER C Y F. STA LER I i i IRVING L. RICE, JR. i I ii I I II S[andud N. . B. T.U. Fwm !BW Buyain +nd S~:d. wish Covamn[ ary'm[ Gunro, i Aa[-Individual o[ Coon. GA2 3~`T YOUR LAYFYER BEFORE SIONINO TNIS INSTRUMENT-THIS INSTRUMENT SNOULD RE USED RY LAWYERf ONLY. ~c TH13 INDF1V'1VRE, made the ~ day of March , nineteen hundred aad Eighty-nine BE1'WFEN SEVENTY MARION ASSOCIATES, a New York partnership with its principal office located at 1455 Veterans Memorial Highway, Hauppauge, New York ~ party of the first part, and EAST MARION WOODS HOMEOWNERS ASSOCIATION INC., a not-for-profit domestic corporation with an office at (No Rocky Point Road, East D:arioa, New York STRIC 00 party of the second part, CTION W1TNF4SEI'H, that the party of the first part, in consideration of 5.00 TEN and no/100ths ($10.00) dollars, OCK . 00 lawful money of the United States, paid T by the party of the second part, does hereb rant and release unto the rt of [he second 75.00 Y g Pa Y part, the heirs or successors and assigns of the party of the second part forever, AL>i, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Beginning at a point on the westerly line of Rocky Point Road at the southeasterly corner of land of Rosenberg and being the northeasterly corner of the premises herein described; RUNNING THENCE the following 19 courses: 1) along the westerly line of Rocky Point Road, South 8 degrees 59 minutes 50 seconds East, 145.0 feet; thence 21 South 76 degrees 54 minutes 10 seconds West, 633.62 feet; thence 3) South 13 degrees O5 minutes 50 seconds East, 608.44 feet; thence 4) North 76 degrees 54 minutes 10 seconds East, 590.0 feet to the westerly line of Rocky Point Road, thence 5) along said Rocky Point Road, South 8 degrees 59 minutes 50 seconds East, 258.21 feet; thence 6) South 76 degrees 54 minutes 10 seconds West, 987.67 feet; thence 7) South 13 degrees OS minutes 50 seconds East, 608.13 feet; thence 8) North 76 degrees 54 minutes 10 seconds East, 940.0 feet to the westerly line of Rocky Point Road, thence 9) along said Rocky Point Road, South 8 degrees 30 minutes 00 seconds East, 362.20 feet; thence 10) South 76 degrees 54 minutes 10 seconds West; nga,oE feet; thence 11) South 13 dcgree5 OS minutes 50 seconds East, 608.04 feet; thence 12) North 76 degrees 54 minutes 10 seconds East, 440.0 feet to the westerly line of Rocky Point Road, thence 13) along said Rocky Point Road,•South 8 degrees 30 minutes 00 seconds East, 362.19 feet; thence 14) Sout;: %6 degrees 54 minutes 10 seconds West, 476.63 feet; thence ].5) South 13 degrees 05 minutes 50 seconds East, 620.50 feet to lrxnd of Sepenoski; Thence 16) along said land of Sepenoski, South %6 degrees 54 minutes 10 seconds West, 162.69 feet to•land of Lacy; thence 17) along said land of Lacy, North 13 degrees OS minutes 50 seconds West, 3396.81 feet thence 18) continuing along land of Lacy North 13 degrees 23 minutes 50 seconds West, 153.50 feet to land of Rosenberg; thence 7.9) along said land of Rosenberg, North 75 degrees 38 minutes 40 seconds East, 867.40 feet 'to the point of beginning. li ~ ~ ~ TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second par[, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything }whereby the said premises have been 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost o{ 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 Eor any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense o{ this indenture so requires. IN WETNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~ IN PRESENCE OF: . SEVEN~ION ASSO ATES BY: JJ STATE Of MEW YOEK. COUNTY OP u: SPATE OP NEW YORK, COUNTY OP ue On the day of 19 before me On the day of 19 , before me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. STATE OF NEW YORK:COUPTPY OF SUFFOLK On this ').IyA day of March, 1989, before me personally came Erwin Y. Staller, to me known and known to me to be the person who executed the above instrument, who being duly sworn by me did for himself depose and say that he is a partner of the firm of Seventy Marion Associates, consisting of himself and others, and that he executed the foregoing instrument in the firm name of Seventy Marion Associates and that he had authority to sign same, and he did duly acknowlege that he executed the same as the act and deed of said firm of Seventy Marion Associates, for the uses and purposes mentioned herein. Notary Public ew YD~k . ( } Cn;inty Coy + Div. r mh:. i. 19.~ ~Kryttin >tna ~*ate feria secnoN \Vn a Cov erunrvr AGAINST GRnN U>a ~s Aces T[rtE No. etocx - for SEVENTY MARION ASSOCIATES COUNTY OR TOWN l.~ EAST MARION WOODS HOMEOWNERS Recorded Af Request of Flrst American Titre Insurance Company of NeW York ASSOCIATION, INC. RBTURN BY MAIL TO: STANDARD ND4M O, NFW YORK lOARD OF ittlF UNDFRWlITFlS ~ n;,t.;A"',n~,~ J. Kevin McLaughlin, Esq. ~ /~irsl An~eri`calr Tit(r hl.clfrnnre Cmrrf~anJ 628 Front Street ' of Neu' }~rb~ PO Box 803 Greenport, New York 11944 Zip No. vj 4! SY Zj n rc Oi ~a ai W F Q t W ~ N V t 41 s K N h } N y • S~F~~c P D ~ ~ T LD ~ ~ S Y Southold, N.Y. 11971 (516) 765-1938 November 10, 1986 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The major subdivision of to be known as "East Marion Woods" is a cluster for 26 lots on 59.8 acres at East Marion. Tax map no. 1000-30-1-5. 1. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence from the Suffolk County Department of Health Services in the alotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received in the alotted time from the NYS Department of Environmental Conservation it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. • Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Flack, DEC Commissioner NYS DEC Supervisor Francis Murphy Irving L. Price, esq. PLANNING BOARD MEMB)~ ~gpFFO(kc ~~-p• JERILYN B. WOODHOUSE =0V P.O. Box 1179 Chair Town Hall, 53095 State Route 25 H Southold, New York 11971-0959 RICHARD CAGGIANO y, • ~ Telephone (631) 765-1938 WILLIAM J. CREMERS ~ Fax (631) 765-3136 KEMART N HE8IDORDS yifo! * ~aO~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Mike Verity, Chief Building Inspector From: Mark Terry, Senior Environmental Planner Date: Apri19, 2004 Re: Request from Marion-Southold Homeowners Association to remove crop roots from within the designated Open Space of the Major Subdivision of East Marion Woods; SCTM# 30.-3-11 & 12 I have reviewed the file and there is no restriction on the removal of agricultural crop roots in the Open Space area. However, I recommend that the methodology determined by the Marion-Southold Homeowners Association be designed to minimize impacts to the area. i ~ * s~~F ~gUFFO(,~c JOSHUA Y. HORTON ~~e JAMES A. RICHTER, R. SUPERVISOR ~ ~ ENGINEER 'GOWN HALL - 53095 MAW ROAD ~ T TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (sle>-76s-1366 'ygJr~l # ~aOt' Te~.(slb)-~6s-1s6o OFFICE OF THE ENGINEER TOWN OF SOUTHOLD November 26, 2002 Bennett Orlowski, Jr. Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: East Marion Woods Adjacent to Rocky Point Road SCTM#:1000-30-3-11 &12 Dear Mr. Orlowski: A two (2") inch thick lift of blue stone blend has been placed on all roads within the above referenced project area as required by the Planning Board. All "minor" road construction for this Subdivision has been completed in a satisfactory manner. If you have any questions concerning this report, please contact my office. Sincerely, /James A. Richter, R.A. CC: Peter Harris (Superintendent of~+9ighways) Michael Verity (Building Department) DEC 0 2 2002 -s-;. QgOEFOCXC PLANNING BOARD MEMBERS 0~. ~G P.O. Box 1179 BENNETT ORLOWSKI, JR. y~ Town Hall, 63095 State Route 25 Chairman o Southold, New York 11971-0959 RICHARD CAGGL4N0 0 • ,F Telephone (631) 765-1938 O Fax (631)765-3136 WILLIAM J. CREMERS KENNETH L. EDWARDS y'~O,(~ MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF 50UTHOLD August 29, 2002 Pete Schembri Schembri Homes 102 Sandpiper Dr. ii Riverhead,NY 11901 ~ Re: Major Subdivision of East Marion Woods SCTM# 1000-30-1-5.1 Dear Mr. Schembri: The Planning Board reviewed your request regarding the above property on August 26, 2002. They decided not to allow the creation of two separate accesses over the common driveway. This decision is consistent with a memo dating July 19, 2000 from the Planning Board to the Building Department confirming one driveway within each 50' right of way; the filed Covenants and Restrictions and the Approved Map dated 3anuazy 28, 1988. If you have any further questions please give me a call at (631) 765-1938. Sincerely, azk Terry Senior uonrnen a Pl~l annex Cc: Planning Board 1 l I PLANNING BOARD MEMl?F.~ gpFFO(,~ BF;NNETT ORLOWSKI, JR. CQ Town HaLL, 53095 State Route 25 Chairman i Gym P.O. Box 1179 WILLIAM J. CREMERS o : ~ Southold, New York 11971-0959 KENNETH L. EDWARDS yy, ~ ~ Telephone (631) 765-1938 GEORGE RITCHIE LATHAM, JR. ~ ~ Fax (631) 765-3136 RICHARD cncclANO y~ol # dap! , PLANNING BOARD OFFICE TOWN OF SOUTHOLI~ MEMO TO: Building Department FROM: Craig Turner, Planner RE: Determination of Streets East Marion Woods subdivision DATE: January 3, 2001 The Planning Board does not recognize the right-of--ways in the East Marion Woods subdivision to be streets as defined in the Section 100-13 of the Town Code. If they were streets, road and drainage plans would have been required, construction would have supervised by the Town Engineer, and a performance guarantee would have been provided to ensure completion. The right-of--ways on the map aze common driveways, to be treated as accessways as described by the definition of "Lot, Rear or Flag" in Section 100-13. As such, the correct setbacks for the front lots should be measured according to the requirements for a side yazd. Their front yazd is on Rocky Point Road. The side yard setbacks should be taken from the right-of--way and not the property line. The rear lots, because they have no direct street frontage, will use the right-of--way to determine their front yard. The front yard for the rear lots will be measured from their common property line. This definition may also be used for other subdivisions. When deciding if aright-of--way is for a road or driveway, the determining factor is how the right-of--way is treated by the Planning Board, and not the words used by the surveyor. The surveyors' definitions of street, right-of--way, and driveway maybe different from the Town's definitions. RLANNING BOARD MLMB);RS • SUFFO(~- Q awn HaII, 53095 State Route 25 ~ I3F.NN1?'11' ORLOIVSKI, JR. Chairman OGy P.O. Box 1179 ~ Southold, New York 11971-0959 WILLIAM J. CREMERS H Z Fax (631) 765-3136 KENNETH L. EDWARDS GEORGE RITCH[E LA'I'HAM, JR. O ~ Telephone (631) 765-1938 RICHARD CAGGIANO 'f'ife ~ ~~Q~ xr-~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: Building Department FROM: Craig Turner, Planning Board RE: East Marion Woods cluster subdivision SCTM # 30-1-5.1 DATE: August 29, 2000 The Planning Board at its August 28, 2000 work session agreed that the building envelope as prepared by the surveyor in the attached map is the correct envelope that should be used for all of the rear lots. The lot was clearly designed with this layout in mind. The front yards of the rear lots should face each other. The Board recognizes that this is a unique subdivision with many problems created by the cluster concept. This is the only subdivision where they will suggest a building envelope after final approval. . JOB No. 00-49 ~,~'0° ~q,,,, TAX i.0. No. 1000-30-0312 LOT 18 OCC RES LOT 17 VACPNT /~50~ 0 --j,~~3d~S~Pp'---- W p~S~O~~ 25 R1GHT OF WAY ns N76'54'10"E 14D.00' ee.o / 56 • - 25 RIGHT Of WAY - - PROPOSED ~ ~ 50' WELL ~T 2lY A9q,~ y~ b o ` ~ 4 QP LOT 19 8' I FF 9Q7 ~i ~ VCANT GAR 892 _ ~ W 0 ~ 0 SEPTA ~ I W ~ hh m Z { O I o d ' ~ ~ w 20' I E% ~ N ` o m °m (Y': VACPNT O A SETBK](UNE _ J N 1 6'J N 16°54'70'E 300.00' ' F ea.a ~ ~ ~ S76'54'10"W 140.00' f o f~ " I k ~ OPENSPPLE ~ h ~ i 251 N~OpO `gR t~ ELEV {N ASSl7MED DATUM FILE MAP No, 6759 6189 W WhaCd rtM~on vNatlm pli~ dwured itavlohfiaad9tt1im730B ameae.rdcs~Ea,a,m,~.. suRVEYOF: LOT 18 Ca~'crYdoLApxanahlN °q pp6pemi hMnml C pm/BRC '°'~,nrca~pe.n.c~rm.~.~aar~='>oal~a MAP OF EAST MARION WOODS pfilaias faedhwan WpMad~neadOnlm6Y pal,dim° - ' ~a1t~^°~°°'^°'"~°~"'~°°"r''"'"0'~1veni0o~°' EAST MARION TOWN OF SOUTHOLD Krer~aam.iaaa¦wlawaW,i. ,~~OFNE{FY n.mu.1°aoaiWw;a~winhueanflm~Hc9YnbRapopbY6asare ,gyp o ,~„~,~,,,,,,,,,,,,,a,~,,,,,~;,~,,,,,,~,,,,,,~,o„d SUFFOLK COUNTY, NEW YORK y OESTOQQUHAF~ "alt.roakv~cW~+~oxeaxaaemmbc~aao0~,w.roama tM.mmp.a~plawy..~,a~°e~«~ema~,.a,r~r,~+asnoM+n SURVEY DATE'. 7/20100 SCALE:ti"~ z CERTIFIED ONLY TO: N ~ scHEMSw HOMES DESTIN G. GRAF QQ SE i qa ~o LAND SURVEYOR . SI J - 73woomewiawa Aar~PaM,uewrak ima - - sisanaatt D'1 DESTIN G. GRAF N.Y.S. UC N0.50067 MEMO TO: Building Department glr&, '{o ~d To~CSfB~ ~~19~60 FROM: Craig Turner, Planning Board RE: East Marion Woods subdivision rights-of-way SCTM 21-6-(1-8), 30-3-(1-12), 31-1-(5.3-5.8) DATE: July 19, 2000 The rights-of-way in the East Marion Woods Subdivision were created to provide for shared driveways between all parcels abutting the rights-of-way (parcels fronting on Rocky Point Road do not have to use them). Only one driveway should be built in each 50' right-of-way. Please take this into account when granting building permits. _ _ T i ~ r ~ Sf.1~F'i ~ "LEWD Fi l..E ~oc~~EFO~If~oGy:~ ~ Town Hall, 53095 Main Road P.O. Box 1179 ~'~'~1 ~ Southold, New York 11971 JUDITH T. TERRY Enx (s16) 765-1az3 rows cEERx TELEPHONE (516) 765-1801 REGISTRAR OE VITAE 5'fATISTICS 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 JUNE 5, 1990: RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $21,946.50 Letter of Credit posted with the Town for roads and improvements in the major subdivision of East ~1Aarion Woods, all in accordance with the recommendation of the Southold Town Planning Board and Superintendent of Highways Jacobs. ~4'' udith T.. Ter Southold Town Clerk June 11, 1990 ~°~FFOty~, PLANNING BOARD OFFICE ~ ~Tn„;°:®'' ~ TOWN OF SOIJTHOLD ~G 5 'T' 53095 MAM ROAD ' ~ ~_~P70 ,i~. t' S 1 o~f ~ ~~F SOUTHOLD, NEW YORK 11971 i to ~ ~ w, \ / -s Jean Carrah r y Staller Ass ciates S_J~_~"!C%,1 , Verterans ighway ' \ Hauppauge, ew York 11788 ,c ~0 ~ Ea V~ N. _ i I I i i i I, a i o ~~FFOIKCOG~~ t~ PLANNING BOARD MEMBERS ~ ~ ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y~ ` ~ t. Supervisor George Ritchie Latham, Jr. Richard G. Ward ~~Ol ~ Town Hall, 53045 Main Road Mark S. MfDonald P.O. Box 1179 Kennetfi L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 5, 1990 Judith Terry Southold Town Clerk Southold, NY 11971 RE: Major Subdivision of East Marion Woods SCTM# 1000-30-1-5.1 Dear Mrs. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 4, 1990. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they release the $21,946.50 Letter of Credit for the above mentioned subdivision. The Planning Board is in receipt of a report from Raymond L. Jacobs, Superintendent of Highways, concluding that all work is completed and all is in order for release of the Letter of Credit. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. fff!// ~S Chairman Encl. Engineer Report . PQ t`-Ilyhway Departlnenl a•- mS Town of Soulhold F'econic lane Peconic, I~I.Y. 11956 not 6lpFIUL JnCODS Iel 76 iJ I•IU $upe~irJenJerd 7;14 ~ 62 I I May 22, 1990 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods Dear Mr. Orlowski: I have inspected the above mentioned subdivision and find tl4e drainage structures are installed as directed. The trees have been placed correctly and the fire well has been installed. The well was tested and approved by the East Marion Fire Department. Respec ly, Raymo~id L. Jacobs Superintendent of Highways o~~EFpIK~o~ o . y.~ ?Z PLANNING BOARD MEMBERS ~ ,r' g SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y0` 0~ Supervisor George Ritchie Latham, Jr. 1a Richard G. Ward q,~lo~ w~ ~ 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 June 5, 1990 Jean Carraher Staller Associates Veterans Highway Hauppauge, NY 11788 RE: Major Subdivision of East Marion Woods SCTM# 1000-30-1-5.1 Dear Ms. Carraher: The following took place at the Southold Town Planning Board at a meeting held on Monday, June 4, 1990. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they release the $21,946.50 Letter of Credit for the above mentioned subdivision The Planning Board is in receipt of a report from Raymond L. Jacobs, Superintendent of Highways, concluding that all work is completed and all is in order for release of the Letter of Credit. Please contact this office if you have any questions regarding the above. Very truly yours, Be~t~ki~~~ "'s Chairman Encl. Engineer's report cc: Kevin McLaughlin ala 1 ::yhway Ueparlnieni m6 Town of Soulhol[I ` f'econic I_at}e Ileconic, PI. Y. 11950 MtMObtUI JACCI6S lel %fiSJI•tV $upminlrndenl { 7.145211 May 22, 1990 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods , Dear Mr. Orlowski: I leave inspected the above mentioned subdivision and find the drainage structures are installed as directed. The trees have been placed correctly and the fire well Itas been installed. The well was tested and approved by the East Marion Fire Department. Respec 11y, Raymdrtd L. Jacobs Superintendent of Highways ,,y ~ ~r~ ~ L Town Hall, 53095 Main Road ~ t "fie' rn SCOTT L. HARRIS P.O. Box 1179 y% ti;~ " ~ Supervisor Southold, New York ,y~ ,.~:d® Fax (516) 765-1823 11971 ~ ~ Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Raymond Jacobs, Highway Superintendent FROM: Bennett Orlowski, Jr., Chairman BY mel~ss~ Sao RE: Request for Release of Performance Bond for: Name of Road I Eosf anon L(looAs Name of Subdivision SCTM #1000- 30-/- 5.1 DATE: /~~R~i ~ ~ L1990 The person noted below has contacted this office to ask that the Town release the performance bond for the above-noted subdivision.nn ~SQGh \~Aff0.~2P ~~J 4'77 1 Name Telephone f 11 ' ~0.~IC(Z ASS OO~a~tC 1~G'~<rani M(S~+woJ t"iVV~2 Address v Please arrange for a field inspection of the above-noted roads. The Board would appreciate receiving a written report of your recommendation as to whether the bond should be released. The developer is offering to dedicate the road. The dev{teloper is1 no`t offering to dedicate the road. No fbAd is ~Nuo `U2G, _ _ _ r lighway Ueparllneni mS town of Southold Peconic Lane Peconic, N.Y. 1195f3 nAtld OtJUL JnCVn~ lel %G591ap $UPCrlnlendenl 794-571 1 May 22, 1990 Mr. 6ennett Orlowski, Jr., Chairman Southold Town Planning Board Main Boad Southold, New Yurk 11971 Re: East Marian Woods Dear Mr. Orlowski: I have inspected i:he above mentioned subdivision and find the drainage strucl;ures are installed as directed. The trees have been placed correctly and the fire well has been installed. The wall was tested and approved by the East Marion Fire Department. Respec ly, RaymdrSd L. Jacobs Superintendent of Highways e° ..yy''~~'Pe~'- ,~,;~~y: YY..~.... Jx: BOND ESTIMATE FOR EAST MARION WOODS LOCATED IN EAST MARION, TOWN OF SOUTHOLD S.C.T.M. DISTRICT 1000, SECTION 030, BLOCK 02, LOTS (1-26) ITEM NO. QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 72 v.f. 8' Di a. leaching pools 8' Deep, 9 each 250.C0 5 18,000.00 2 11 c.y. Agg. Base Course 40.00 440.00 3 97 s.y. Fine Grade 1.50 145.50 4 23 tons Asphalt Pavement 100.00 2,300.00 5 252 l.f. Saw Cutting - 3.00 156.00 6 61 s.y. Topsoil & Seed 5.C0 305.00 TOTAL = $ 21,946.50 ~4:ti1~~c.A Cl .,~l~S a^c~ ~«e~ }c'ee5. 5B6 NO. 87159 O/96 Sheet 1 of 1 Su6Fil.E EAST MARION FIRE DISTRICT -rE~.. P. O. BOX 131 MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS May 4,'1990 Town Gf Southold Flannin~=. Board F.G.Box '1'1'79 Southold,N.Y. ~~979 Re:'r.ast Marion 'woods Attn: Bennett Orlowski Dear 1"ir. Orlowski: This is to acknowledge that the well and pump which was installed by the 3eveloper on Rocky ~cint Road for the East Marion 'woods rroject has been inspected, tested and accepted by the East I'iarion Fire District. If any additional inforuation is needed, please advise. Very truly curs, / ~f Joseph Cherepowich Secretary cc:Krei;er Well Corp. ~ F.. ~~`1 , ~J Highway Department Town of Southold Peconic Lane Peconic, N.Y. 1195 22 RAVMONDL.JACOBS D LS U" u Te1.765-3140 Superintendent 734-5211 _i t December 8, 1989 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods Dear Mr. Orlowski: I have inspected the drains at East Marion Woods. They have been installed properly and are acceptable. Respectful , Raymond L Jacobs Superint ndent of Highways cc: Staller Assoc. u~~~8q S;Te pp ~',,uS~C~~c1 A.I s'f~-N- vhevr~~»t2s M~li'ss~, S~ ,`2p an~ F~~ ~o%neK . ~Q `}'fees '~~R~TPO celoNS ~oC~~~ 1 a~N~ ~eRC1 Rw~-F i ~ Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMONDL.JACOBS ~ ~ ~ ~ ~ ~ - Te1.765-3140 Superintendent D ~ 734-5211 NOV 2 7 1989 $DUTHOLD TOWN PLANNINGBGi=.I~'D_W_ November 27, 1989 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re; East Marion Woods Dear Mr. Orlowski: I have inspected the trees planted by Murphy Garden Center and find all trees to be planted as directed and are acceptable. Respectfull Raymon ~acobs Superint ndent of Highways cc: Frank Murphy Garden Center, Inc. J~ieed~/UGe/rzo ~ ~e July 10, 1989 ~~'ecl.• East Marion Woods Enclosed herewith please find check number 11121 in the sum of $1,097.32 from Staller Associates representing fee for the subdivision inspection of East Marion Woods. ~ fir) ~ , ~.r SOliTtiQ~_D ?c":":d PLAidiwlDli; Bfih}'7 Southold Town Planning Board J. Kevin McLaughlin Southold Town Hall 70 Main Road ATTORNEY AT LAW SOuthOld, NY 11971 828 FRONT STREET, P. O. BOX 603 L GREENPORT, NY 11944 (516) 477-1016 ~~S~1Ff0(,~`, 0 ~c Town Hall. 53095 Main Road ~ ~ P.O. Box 1179 ~r el~o~ Southold. New York 11971 ~l TELEPHONE (5l 6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 29, 2989 Kevin McLaughlin 828 Front Street Greenport, NY 11949 RE: East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. McLaughlin: In reviewing our files, I have found that the inspection fee in the amount of $1,097.32 (5% of Bond Amount) has not been paid. Please make this payment on or before July 14, 1989. Thank you for your cooperation. Ver my yours, r .GYf/ft`AZ~ BENNETT ORLOWSKI,JR. CHAIRMAN enc. cc: Judith Terry, Town Clerk James Schondebare, Town Attorney ~o5~FF0(K~Q_ Town Hall, 53093 Main Road O,y~~~ ~ P.O. Box 1 179 ~f(/,( ~ Southold. New York 1 1971 1'E LEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM T0: James A. Schondebare, Town Attorney FROM: Valerie Scopaz, Town Planner RE: East Marion Woods - Articles of Incorporation DATE: February 3, 1989 The Planning Board at its work session yesterday afternoon reviewed Kevin McLaughlin's request vis-a-vis final approval of the final subdivision map of East Marion Woods. It decided not to grant final approval ( that is, sign the maps) until the Articles of Incorporation are deemed acceptable by your office and have been filed with the State Attorney General's office. If Kevin is unable to comply with the Town Code within the time period of the conditional approval, then he will lose final approval. However, he will not lose pre- liminary approval. Consequently, he will be able to reapply for final approval. Kevin will be notified by telephone about the Board's decision by Melissa. If any questions should arise, she will handle the situation. ~I3 key ~+V wos no'~~~~eQr o~ rt1r¢., ov~e , ~e wRS a~to 1a1~9 T1,a-t ~e co~l~ ask ~O2 a , 9 0 ~ y ~+eNs, ou S , _iQPi7wnD ~ LSD ~ l i~.~...'~. ATTORNEY AT LJ I~ . . ~1p 828 FRONT STREET, P. O. BOX 803 r e ~ ~ S ~ 2 6 I~89 GREENPORT, NY 11844 - ! (616) 4974016 January 25, 1989 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: Seventy Marion Associates East Marion Woods Gentlemen: I have enclosed a copy of the Declaration of Covenants and Restrictions which have been revised pursuant to the request of the Town Attorney and Town Planner. Upon receipt of the executed Declaration, I will record same with the County Clerk and provide this Board with a certified copy thereof. I hereby undertake to promptly commence the formation, approval and incorporation of a Homeowners Association to which title to the open space area will be conveyed pursuant to the Covenants and Restrictions. I further promise to diligently pursue the formation of such a Homeowners Association and to incorporate such entity as a Not-For-Profit corporation within a reasonable time. Very tru r J even n JKM/lmt Enclosure G : a~~~ ~..r~ 1 .R 1- i ~ Imm DECLARATION OF COVENANTS AND RESTRICTIONS i 2 6 ~ SEVENTY MARION ASSOCIATES ~ ~J, f t_a _ _ This declaration made this day of 1989 by SEYENTY MARION ASSOCIATES, a partnership xith its principal office located at 1455 Yeterans Aighxay, Hauppauge, Nex York W I T N E S S E T H; WHEREAS, SEVENTY MARION ASSOCIATES, a partnership with its principal office located at 1455 Veterans Highway, Hauppauge, Nex York, hereinafter referred to as the "Declarant", is the oxner in fee simple of certain premises in the Torn of Southold, County of Suffolk and State of Nex York, knoxn and designated on a certain map entitled, EAST MARION WOODS, a subdivision situate at Orient, Toxn of Southold, County of Suffolk and State of Nex York, filed in the office of the Clerk of Suffolk County as Map Number 7045 on the 19th day of January 1982 and bearing Tax Hap No. 1000-025.00-04.00-011.003. WHEREAS, said SEVENTY MARION ASSOCIATES, is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and WHEREAS, said SEVENTY MARION ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NON, THEREFORE, SEVENTY MARION ASSOCIATES declares that the aforesaid land is held and shall be conveyed subject to the folloxing covenants and restrictions xhich shall run xith the land in perpetuity. 1. Construction Requirements (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than detached single family dxellings not to exceed txo and one-half (2-1/2) stories in height and having a private garage for not less than two (2) cars. (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a sximming pool, (3) a tool shed for the storage of lain maintenance equipment and other . ~ maintenance equipment used in conjunction with such individual lot. (c) Swimming Pool Private sximming pools may be constructed on any lot provided. they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer than thirty (30) feet to the rear or side lot lines. No above-ground sximming pools shall be erected or maintained on any of said lots. (d) Dwelling Square Footage Requirements No dxellinq shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet. If the living area is on more than one floor, the total 1}ving area shall not be less than 1800 square feet with a minimum first floor of 1000 square feet. (e) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot xithin seventy (70) feet of the front street line of the lot nor xithin thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, hoxever, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (f) Approval of Construction Plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by SEVENTY MARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, xhich shall not be unreasonably xithheld, shall be based upon the judgment of SEVENTY MARION ASSOCIATES as to xhether the proposed structure Will be consistent xith, and xill not detract from the aesthetic character of EAST NARION WOODS community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. This approval is in addition to any building permits or other approvals required by the Town of Southold. 2 (g) Building Kodification All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezexay or other structure connecting an addition to the main dxelling, shall conform in architecture, material and color to such dxelling. Any attached addition to the initial residential dxelling shall not project more than five (5) feet beyond the front xall of the dxelling or structure as originally approved. 2. Restriction on Division and Use of Lots No lot shall be divided and conveyed as txo or more separate parcels. Nor shall more than one single family dxelling house be located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs No sign of any kind shall be displayed to the public vier on any lot except one professional sign of not more than one square foot, xithout the xritten consent of SEVENTY MARION ASSOCIATES their successors or assigns. This consent is i.n addition to any building permits or other approvals required by the Toxn of Southold. 5. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. In no event shall more than two (2) such household pets be kept, bred or maintained on any such lot. 6. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall not be placed on any lot so as to be visible xhen the lot is viexed from the front boundary of such lot. No boat or boat trailer in excess of txenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home camper shall be placed on any lot unless in a garage or authorized existing building. 3 fi 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences xhich enclose a tennis court which shall not exceed twelve (12) feet in height. 11. Tree Planting Each lot owner will plant trees on front of cleared lots outside the bed of the road with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. These plantings are in addition to any other plantings required by the Town of Southold. 12. Common Drive and Open Space (a) Open Space Area Subdivider has set aside, as indicated on the subdivision map, an open space area for the use of the owners of lots and their guests and invitees. Said ogen space area shall be used exclusively for purposes of passive recreation and no buildings, structures or other improvements shall be constructed thereon. (b) llpkeep_of Common Drives Owners of lots, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 16, 17, 18, 19, 22, 23, 29 and 25 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives aad the upkeep and snow removal thereof. 4 (c) Upkeep of Open Space Area Each lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the open space area. All decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (d) Papment of Contributions by__Lot Owners While the subdivider holds title to the open space area, he will pay the taxes and expenses mentioned in Paragraph (c) above, and will submit bills to the individual lot owners for their respective contributions. Such bills rill be paid in full to the subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such present lot owner. In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. (e) Homeowners Association (i) The words "Homeowners Association" or "Association", as used herein, shall refer to an incorporated not-for-profit organization operating under recorded land agreements through which each lot owner is automatically subject to a charge for a proportionate share of the expenses of the activities of the organization. iii) The words "Lot Owner", as used herein, shall iefer to the record owner of fee simple title in and to any lot in the subdivision, including the Declarant as to an unsold lot. (iii) Declarant shall assume all responsibilities of the Homeowners Association until such time as Declarant has conveyed 51$ of the lots to the Lot Owners. At such time, Declarants, their successors and assigns, shall, at their own cost and expense, incorporate a Homeowners Association and within sixty (60) days thereafter shall convey title to the Open Space to the Homeowners Association. (iv) Upon the creation of the Homeowners Association, as hereinbefore provided, all responsiblity for operation and maintenance of the Open Space shall. lie with the Association. Every Lot Owner shall be deemed a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. 5 i ~~1 f (vy Within sixty (60) days after the creation of said Homeoxners Association, by-laxs shall be adopted for the government thereof, which said by-laws and any amendments thereto shall be approved by the Toxn Board of the Toxn of Southold. (vi) The by-laws of the Homeoxners Association shall, i? addition to other matters, provide for the folloxing: (A) Each Lot Owner shall be entitled to one (1) vote at any meeti.nq of the Association. Every Lot Owner shall be treated for all purposes as a single owner for j each lat held, irrespective of whether such oxnership is held jointly, in common, or tenancy by the entirety. I (B) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeoxner's fee. Each and. every Lot Owner shall be subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space. (C) The Association shall have the right to suspend the voting rights of a Lot Owner for his failureto pay xhen due any and all charges due the Association; and that all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (Dy The Association shall have the right to borrow such sums of money as it deems necessary for the mainenance and improvement of the Open,Space, and to secure the same by a lien on the Open Space. (f) Utility Easement An easement along the road of said map or any other area necessary is hereby specifically reserved for the installation and maintenance of xire and conduits and of all proper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any, provided, hoxever, that said easements shall be under areas designated by municipal or public utilities authorities. 6 13. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 14. Enforcement shall be by proceedings at law or in equity brought by SEVENTY MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Soutrnld may Srinq a proceeding to enforce these convenants and restrictions. 15. Failure by SEVENTY MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the plots shown on the map of EAST MARION WOODS and are not extended to any other property now or to be owned by SEVENTY MARION ASSOCIATES. SEVENTY MARION ASSOCIATES By: Erwin P. Staller Declarant STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of. 1989, before me personally came ERWIN P. STALLER, to me known and known to me to be the same individual described in and who ' executed the above instrument and he duly acknowledged to me that he executed same. Notary Public 7 . Q~t,UFFOUr~oGy ~1 i'P' Town Hall, 53095 Main Road ~ P.O. Box 1179 ~ Southold, New York 1 1971 O~~j yap TELEPHONE (516) 7651938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1989 J. Kevin McLaughlin Attorney at Law 828 Front Street P.O. Box 803 Greenport, NY 11944 RE: East Marion Woods SCTM# 1000-31-1-5.1 Dear Mr. Mclaughlin: Jay Schondebare, Town Attorney, reviewed the attached Covenants and Restrictions. He commented that they are not Articles of Incorporation, but rather Covenants and Restrictions, and not proper either. He also agreed with Valerie's comments (please see below). Listing of Valerie's comments. (Numbers correspond to those of submitted Declaration of Covenants and Restriction). 11. In right of way, the tree caliper required by Town is 2 1/2" to 3". Trees should be 30' to 40' apart. Homeowner association should not supersede Town requirement for street trees. However, it can require these trees outside the right-of-way to be 2" and 20' apart. 12 (c) Use of the open space area should be prescribed to limit activities to passive recreation. 12 (e) (i) What "facilities" are being referred to? This~is open space, not capital improvements. Subdivider should not have option of withdrawing offer. Once 51% of lots are sold, property owner's association should be in control. Town Code says this must be a non-profit organization, there is no reference to that here. 12 (ii) (E) Town Board approval is needed before open space can be accepted for dedication. This point needs to be clarified. 12 (iii) What happens if a partnership of 2, 3 or 4 people own a lot; do each have a vote? Ordinarily, each lot provides one vote, otherwise some lots will have greater "voting rights" so to speak. Please contact this office if you have any questions concerning the above. Very tr.~aly.e~yo r , G-- i; BENNETT ORLOW5KI, JR. CHAIRMAN INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE TO: ~PVt5~C1 FROM: Robert`H. Berntsson, Assistant Town Attorney DATE: ~ ~ 'T - p~~~~ _ ~ 1 REF: ~0..'.-~~ ~ - ~""`r ~-~y d"dUr~ ~4. GLXXc-C~ L~.~ ~ P1 l~P-ate, a-~- ~ ~ ~ l c-,..r.- ~-c~ Q~ 0-1' p f~.c~ I ~G ~.C~ A_/ TTORNEY ATr~~ 82S FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516 477-1016 March 9, 1989 , `Q~~ Southold Town Planning Board 4........ Town Hall, Main Road Southold, NY 11971 Re: East Marion Woods Subdivision Gentlemen: I have enclosed a copy of a deed from Seventy Marion A:;sociates to East Marion Woods Homeowners Association, Inc., the original of which is today being sent to the Suffolk County Clerk for recording. This deed transfers ownership of the open space area to the homeowners association. I have also enclosed a copy of the Certificate of Incorporation and filing receipt for this not-for-profit corporation, along with a copy of the By-Laws and minutes of organization meeting. It is my firm understanding that Mr. Orlowski is now in a position to immediately sign the subdivision ma Please call me once the map is signed, so that I c arr ge to file same with the County Clerk. j Very tr y s J . l.a~ug ~ JKM/lmt ' enclosure A_% EY A~~ - 828 FRONT STREET, P. O. BOX 803 i': e~ - GREENPORT, NY 11944 ? ~Ft i, (516) 4773016 b, ~ F ` 1989 t a April 27, 1989 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: East Marion Woods Gentlemen: I am herewith hand delivering the final subdivision maps, with reference to the above-captioned matter, which have been updated with the Department of Health approval stamped on them. Please have the Chairman endorse these maps as soon as possible. Very truly ~y~ rs~, ~ ,i P i ~ ~ ; - i - J. jte in McLaughlin JKM/lmt ~ enclosure HAND DELIVER +j'r~yll ',i it J ~ ~ ~ 1 ~ ~ ..a 1 _y a tit ,.:3 Town Hall, 53095 Main Road , P.O. Box 1179 :j ~~~Il w a: Southold. New York 1 1971 ' " TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 28, 1989 Kevin McLaughlin P.O. Box 803 Greenport, NY 11944 RE: East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. McLaughlin: The following action was taken by the Southold Town Planning Board on Monday, February 27, 1989. RESOLVED that the Southold Town Planning Board grant a 90 day extension on conditional final approval from February 15, 1989 to May 16,1989. If you have any questions, please do not hesitate to contact this office. V~ruly yours_,~ J7 s a f it ! / e J BENNETT ORLOWSKI,JR. CHAIRMAN jt ATTORNEY AT LA ~ 1 - 828 FRONT STREET, P. O. BOX 803 ~ ~ J~ ' - - - GREENPORT, NY 11944 % i ~'~a`~o X516) 477.3018 - February 6, 1989 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Attention: Melissa Re: East Marion Woods SCTM #1000-30-1-5.1 Dear Melissa: Request is hereby made for an extension of the conditional final approval on the above-referenced major subdivisi n. Very tru y_ i n J, vin McLaug lin JKM/lg a~~~8~ ~XfPnSion wGS ino~c~~ec~Pn~'~./ o~ aI6~88 a~aNdo, 17~XusSec~, w~'E'\~ ~oa2~, ~lxmbeltxg C~t\1 /YluUevJ i R~'fc~.i2 ~,at\navr~ ~fck V~i~>1 a\\ ort,~co~ecl eu,~ehstor~ , Raso1~~:~n we\\ ~ z oN nerd 'P~ rneel;+~~ (~,Ia~lg\. ~ w ' ; ATTORNEY AT LA ~ ~ r 7 828 FRONT STREET, P. O. BOX 803 p j i, GREENPORT, NY 11994 ~sls~4~~-lsls `~ti,`' F;~:? 6I9t9 1.a..,..,., • February 6, 1989 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Attention: Melissa Re: East Marion Woods SCTM #1000-30-1-5.1 Dear Melissa: Request is hereby made for an extension of the conditional final approval on the above-referenced major subdivisi n. Very tru y J, vin McLaug lin JKM/lg p ~ ~ ~ ~ j~ t-~~;, ATTORNEY AT LA FEB O 828 FRONT STREET, P. O. BOX 803 ~~U9 GREENPORT, NY 11994 151614771036 s February 2, 1989 Southold Town Planning Board Town Hall Southold, New York 11971 Attention: Melissa Re: Seventy Marion Associates - East Marion Woods Tax Map No. 1000 - 31 - 1 - 5.1 Dear Melissa: I have enclosed a certified copy of the Declaration of Covenants and Restrictions, which have been recorded in the Suffolk County Clerk's Office in Liber 10791 page 303 on Februa 2, 1989. Very truly o r J. cL in JKM/lg Enclosure c~~Ff 0U~~0~ !WR 1419 O SOUTt,~)~ ~ ~ Town Hall, 53095 Main Road PLANrI~ 'I~ ) - ~Y • Q 0~ P.O. Box 1179 "'741 ~ Southold, New York 11971 JUDITH T. TERRY FAX (516) 765-1823 rnww CLERK TELEPHONE (516) 765-1801 REGISTRAR OE VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SO UT HOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 11, 1989: WHEREAS, the Southold Town Planning Board has heretofore approved the development of "East Marion Woods" as a cluster development pursuant to the provisions of Chapter 100, Article XVIII fo the Code of the Town of Southold; and WHEREAS, said provisions of the Southold Town Code require that a cluster development be organized as a home association or any other arrangements approved by the Town Attorney and the Town Board; and WHEREAS, East Marion Woods Homeowners Association, Inc. has submitted to the Town Attorney a copy of its By-Laws; and WHEREAS, the Town Attorney has reviewed same with the Town Board; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby approve the aforesaid By-Laws of East Marion Woods Homeowners Association, Inc. JuditL~Te r~~Q~~ Southold Town Clerk April 13, 1989 f i MENMORANDUM T0: Robert Berntsson, Assistant Town Attorney FROM: Valerie Scopaz, Town Planner RE: Covenants and Restrictions for East Marion Woods DATE: January 20, 1989 Expeditious review of the enclosed C&Rs would be appreciated, as the applicant is operating under a deadline to file the subject subdivision map. Evidently these revised C&Rs were not reviewed because the old C&Rs were re-reviewed so to speak. Does the Town Board need to pass on this or is your stamp of approval sufficient? MENMORANDUM T0: Robert Berntsson, Assistant Town Attorney FROM: Valerie Scopaz, Town Planner RE: Covenants and Restrictions for East Marion Woods DATE; January 20, 1989 Expeditious review of the enclosed C&Rs would be appreciated, as the applicant is operating under a deadline to file the subject subdivision map. Evidently these revised C&Rs were not reviewed because the old C&Rs were re-reviewed so to speak. Does the Town Board need to pass on this or is your stamp of approval sufficient? ~ cam-- ~ , ~ .~,P,~ <c..ed.~_ ~ ~s -rte. ~ V ryy/ A'7'I~O~RNE~ T L~ 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (S l6) 477-1016 . J .~o~ i~-1'riy pLgpdA?IYG 6UAn.D January 6, 1989 Southold Town Planning Board Town Hall Southold, NY 11971 Attn: Valerie Scopaz Re: East Marion Woods Subdivision Dear Ms. Scopaz: Enclosed are the revised covenants and restrictions for the above-referenced subdivision. Please have them reviewed by the Town Attorney as soon as possible, so that we can obtain final approval and obtain the Chairman's signature on the maps which have been provided by you. 1 Very truly. ?o~ur,o l ' ~ _ ~J. i haughli~l JKM/lmt l \ I Enclosure _ ~ - , DECLARATION OF COVENANTS AND RESTRICTIONS SEVENTY MARION ASSOCIATES This declaration made this day of 1989 by SEVBNTY MARION ASSOCIATES, a partnership with its principal office. located at 1455 Veterans Highway, Hauppauge, New York W I T N E S S E T H; i1HEREAS, SEVENTY MARION ASSOCIATES, a partnership with its principal office located at 1455 Veterans Highway, Hauppauge, New York, hereinafter referred to as the "Declarant", is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated oa a certain map entitled, EAST MARION WOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the office of the Clerk of Suffolk County as Map Number 7045 on the 19th day of January 1982 and bearing Tax Map No. 1000-025.00-04.00-011.003. AHEREAS, said SEVENTY MARION ASSOCIATES, is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and NHEREAS, said SEVENTY MARION ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, 'fHSREFORS, ~SE~VENTY NARION ASSOCIATES declares that the aforesaid land is held anh ~ti~dll ~-d subject to the following covenants and restrictions whic shall run with the land until Janua_~ist, 199 after which time they shall be autom y ex en a or suZ<cess v~eriods often years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. 1. Construction Requirements (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and having a private garage for not less than two (2) cars. (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory ' ~ i building used in conjunction xith a sximminq pool, (3) a tool shed for the storage of lain maintenance equipment and other maintenance equipment used in conjunction with such individual lot. (c) Sximminq Pool Private sximminq pools may be constructed on any lot provided they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer than thirty (30) feet to the rear or side lot lines. No above-ground swimming pools shall be erected or ' maintained oa any of said lots. (d) Dxelling Square Footage Requirements No dxelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet. If the living area is on more than one floor, the total living area shall not be less than 1800 square feet xith a minimum first floor of 1000 square feet. (e) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot xithin seventy (70) feet of the front street line of the lot nor xithin thirty (30) feet of any side line of the lot, nor xithin forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply xith the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (f) Approval of Construction Plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by SEVENTY MARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, xhich shall not be unreasonably withheld, shall be based upon the judgment of SEVENTY MARION ASSOCIATES as to whether the proposed structure rill be consistent xith, and rill aot detract from the aesthetic character of EAST MARION WOODS community. All exterior construction, painting and grading shall be completed xithin one (1) year after commencement of construction. This approval is in addition to any building permits or other approvals required by the Town of Southold. 2 i ~ (g) Building Modification All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial ' residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall ' conform in architecture, material and color to such dwelling. I, Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front j; wall of the dwelling or structure as originally approved. i 2. Restriction on Division and Use of Lots i No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one single family dwelling house be ' located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of SEVENTY MARION ASSOCIATES their successors or assigns. This consent is in addition to any building permits or other approvals required by the Town of Southold. 5. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or ' maintained for any commercial purposes. In ao event shall more than two (2) such household pets be kept, bred or maintained on any such lot. 6. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous ' period exceeding five (5) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary : of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 3 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon xhich may be or may become an annoyance oz nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any ~ lot. All garbage to be collected must be contained in closed ' receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. i 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences xhich enclose a tennis court xhich shall not exceed twelve (12) feet in height. 11. Tree Planting Each lot owner will plant trees on front of cleared lots with 2" ' minimum caliber. The trees shall be planted twenty (20) feet apart. 12. Common Drive and Open Space Facilities (a) Open__Space,Area Subdivider has set aside, as indicated on the subdivision map, an open space area for the use of the owners of lots and their guests and invitees. (b) Upkeep of Common Drives Owners of lots, 2, 3, 4, 5, 6, 7, S0, 11, 12, 13, 16, 17, 18, 19, 22, 23, 24 and 25 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. (c) Upkeep of Open Space Area Each lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the open 4 space area. All decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (d) Payment of ,Contributions by Lot Owners While the subdivider holds title to the open space area, he xill pay the taxes and expenses mentioned in Paragraph (c) above, and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such ' present lot owner. In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. (e) HomeOwaers Association _ _ (i) The words "Homeowners Association" or "Association", as used herein, shall refer to an incorporated not-for-profit organization operating under recorded land agreements through which each lot owner is automatically subject to a charge for a proportionate share of the expenses of the activities of the organization. (ii) The words "Lot Owner", as used herein, shall refer to the record owner of fee simple title in and to any lot in the subdivision, including the Declarant as to an unsold lot. (iii) D rant shall assume all responsibilities of the Homeow ers Ass cation until such time as Declarant has / ed of the lots to the Lot Owners. At such time, e// ~clar successors and assigns, shall, at their own cost and expense, incorporate a Homeowners Association and within sixty (60) days thereafter shall convey title to the Open Space to the Homeowners Association. (iv) Upon the creation of the Homeowners Association, as hereinbefore provided, all responsiblity for operation and maintenance of the Open Space shall lie with the Association. Every Lot Owner shall be deemed a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. (v) Within sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the government thereof, which said by-laxs and nay amendments thereto shall be approved by the Town Hoard of the Town of Southold. 5 (vi) The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: (A) Each Lot Omer shall be entitled to one (1) vote at any meeting of the Association. Seery Lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such oxnership is held jointly, in common, or tenancy by the entirety. (B) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeowner's fee. Each and every Lot Owner shall be subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all ex eases incurred by the Association for the improvemen maintenance and use of the Open Space. (C) The Association shall have the right to suspend the voting rights of a Lot Owner for his failureto pay when due any and all charges due the Association; and that all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any ' court of competent jurisdiction. (D) The Association shall have the right to borrow such sums of money as it deems necessary for the mainenance and improvement of the Open Space, and to secure the same by a lien on the Open Space. (f) Utility Sasement An easement along the road of said map or any other area necessary is hereby specifically reserved for the installation and maintenance of wire and conduits and of all proper and necessary attachments for the underground service ' of electric power and telephone service and for the installation and maintenance of any utilities, if any, provided, however, that said easements shall be under areas designated by municipal or public utilities authorities. 13. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 6 I • ~ 14. Enforcement shall be by proceedings at law or in equity brought by SEVENTY MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Southold may bring a proceeding to enforce these convenants and restrictions. 15. Failure by SEVENTY MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the j plots shown on the map of EAST NARION ROODS and are not extended to any other property now or to be owned by SEVENTY MARION ASSOCIATES. SEVENTY MARION ASSOCIATES By: Erwin P. Staller Declarant STATE OF NEq YORK) ss: COUNTY OF SUFFOLK) On this day of 1989, before me personally came ERAIN P. STALLER, to me known and known to me to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. Notary Public II 7 I ~fFO(,~ P TO ~ D SL r,~ra Southold, N.Y. 11971 (516) 765-1938 M E M O A N D U M T0: James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney FROM: Valerie Scopaz, Town Planner RE: Propsed Subdivision of East Marion Woods, East Marion. SCTM # 1000-031-1-5.1 DATE: June 8, 1988 Enclosed please find a draft Declaration of Covenants and Restrictions that has been submitted to the Planning Board for review. The DCR's are the applicants' response to the Planning Board's request for Articles of Incorporation pursuant to Section 100-136.E. of the Zoning Code. Please review the enclosed DCR's and determine whether they meet with the provisions of Section 100-136.E. V ~ .z~ - ~ - ~ ~~JJ ~~v~ RECEIVED BY " ' • SOUiNIO'LD T04VN FIANQ/N~INo/~GapBOARD DECLARATION OF COVENANTS AND RESTRICTIONS - JUN ~ 1JVy 70 MARION ASSOCIATES oo;re This declaration made this day of 1988 by W I T N E S S E T H; WHEREAS, 70 MARION ASSOCIATES, a partnership with its principal office located at 14b6 Veterans Highway, Hauppauge, New York, hereinafter referred to as the "Declarant", is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, EAST MARION WOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the office of the Clerk of Suffolk County as Map Number 704b on the 19th day of January 1982 and bearing Tax Map No. 1000-02b.00-04.00-011.003. WHEREAS, said 70 MARION ASSOCIATES, is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and WHEREAS, said 70 MARION ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in Interest, NOW, THEREFORE, 70 MARION ASSOCIATES declares that the aforesaid land is held and shall be conveyed subJect to the following covenants and restrictions which shall run with the land until January 1st, 1998 after which time they shall be automatically extended for successive periods of ten years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. 1. Construction Requirements (a) Tyge,_.of_Buldng No building shall be erected, altered, placed or permitted to remain other than detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and having a private garage for not less than two (2) cars. (b) Accessory..„Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in conjunction with such individual lot. (c) Swimmng_Pool Private swimming pools may be constructed on any lot provided they are situated in the rear yard only and provided Yurther that no portion of any such pool or its appurtenances shall be closer than thirty (30) feet to the rear or side lot lines. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) Dwelling Square Footage. Requirements No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1b00 square.Yeet. If the living area is on more than one floor, the total living area shall not be less than 1800 square feet with a minimum first floor of 1000 square Yeet. (e) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the Yront street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) Yeet oY the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width oY the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (Y) Approval of _Oonstruction Plans All plans for the construction oY any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by 70 MARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the Judgment of 70 MARION ASSOCIATES as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of EAST MARION WOODS community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. (g) Buldin_g.._Modfcaton All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not 2 project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. 2. Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of 70 MARION ASSOCIATES their successors or assigns. 6. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintalned for any commercial purposes. In no event shall more than two (2) such household pets be kept, bred or maintained on any such lot. 6. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous period exceeding five (b) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed 3 receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences which enclose a tennis court which shall not exceed twelve (12) Peet in height. 11. Tree Planting Each lot owner will plant trees on front of cleared lots with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. 12. Common Drive and Open Space Facilities (a) Ope„n .Space...,.Area Subdivider has set aside, as indicated on the subdivision map, an open space area Por the use oP the owners of lots and their guests and invitees. (b) Upkeep of Common Drives Owners of lots, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 16, 17, 18, 19, 22, 23, 24 and 26 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. (c) Upkeep oP_Open Space Area Each lot owner shall be responsible for one-twenty-sixth (1/26th) oP the real estate taxes attributable to the open space area. A11 decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (d) Payment of. Contributions .by._Lot Owners While the subdivider holds tale to the open space area, he will pay the taxes and expenses mentioned in Paragraph (c) above, and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the 4 subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such present lot owner. In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. (e) Property .O, wners Association (i) If at any time after one-third (1/3) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title to the open space area to the property owners' association, and if two-thirds (2/3) of the then lot owners (exclusive of the lot owned by the subdivider) vote to take title to said facility, the conveyance shall be made. However, the subdivider may withdraw his offer to convey the facilities at any time prior to the receipt of written notice of the offer's acceptance. (li) If a conveyance is made to a property owners' association pursuant to (i), then: (A) All costs and expenses associated with the open space area shall thereafter be borne entirely by the property owner's association. (B) The owners of all lots purchased from the subdivider shall be members of the property owners' association. (C) Each member of the property owners' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners' association. (D) Each member agrees to comply with the regulations for the use of the open space Facilities enacted by the property owners' association. A two-thirds (2/3) vote shall be required for the enactment of each such regulation. (E) Upon a two thirds (2/3) vote by the members of the property owners' association, the title to the open space area shall be dedicated to the Town of Southold. (iii) For the purposes of (i), (ii)(D) and (ii)(E), each lot owner shall have one vote for each lot owned, whether improved or unimproved. (f) Utility Easement An easement along the road of said map or any other area necessary is hereby specifically reserved for the installation 5 and maintenance oP wire and conduits and of all proper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any, provided, however, that said easements shall be under areas designated by municipal or public utilities authorities. 13. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 14. Enforcement shall be by proceedings at law or in equity brought by 70 MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 15. Failure by 70 MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver oP the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the plots shown on the map oP EAST MARION WOODS and are not extended to any other property now or to be owned by 70 MARION ASSOCIATES. 70 MARION ASSOCIATES sy: Erwin P. Staller Declarant STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of 1988, before me personally came ERWIN P. 5TALLER, to me known and known to me to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. Notary Public 6 ~ ~ TO: Rob Berntsson _I,, From: Melissa Spiro Date: January 10, 1989 RE: East Marion Woods SCTM#1000-30-1-5.1 Enclosed please find a copy of the Covenants and Restrictions for the above mentioned subdivision for your legal review. n r,. ATfORNE~ T L~ 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 j (516) 477-1016 ~ :iio-, ...,,...r soui,~aC~, i4,+.+~a PLANNING 9U~~D January 6, 1989 Southold Town Planning Board Town Hall Southold, NY 11971 Attn: Valerie Scopaz Re: East Marion Woods Subdivision Dear Ms. Scopaz: Enclosed are the revised covenants and restrictions for the above-referenced subdivision. Please have them reviewed by the Town Attorney as soon as possible, so that we can obtain final approval and obtain the Chairman's signature on the maps which have been provided by you. Very truly ~1 i e' / J. i ~.aughli JKM/lmt Enclosure ~ ~ L yp.s. JHN ~ 9 1989 DBCLARATION OF COVENANTS AND RESTRICTIONS ~ SEVENTY MARION ASSOCIATES gq r~, PLp i This declaration made this day of 1989 by SEVENTY MARION ASSOCIATES, a partnership with its principal office located at 1455 Veterans Highway, Hauppauge, New York i ~ W I T N E S S E T H; flHEREAS, SEVENTY MARION ASSOCIATES, a partnership with its principal office located at 1455 Veterans Highway, Hauppauge, New York, hereinafter referred to as the "Declarant", is the oxner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, EAST MARION VOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of Nex York, filed in the office of the Clerk of Suffolk County as Nap Nusber 7045 on the 19th dap of January 1982 and bearing Tax Nap No. 1000-025.00-04.00-011.003. ifHEREAS, said SEVENTY MARION ASSOCIATES, is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and NHERSAS, said SEVENTY MARION ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NO11, THEREFORE, SEVENTY MARION ASSOCIATES declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until January 1st, 1999 after which time they shall be automatically extended for successive periods of ten years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in xhole or in part, shall have been recorded. 1. Construction Requirements (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and Laving a private garage for not less than txo (2) cars. (b) Accessory ,Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory • building used in conjunction with a swimming pool, (3) a tool shed for the storage of lawn aaintenance equipment and other maintenance equipment used in conjunction with such individual lot. (c) Swimming Pool Private swimming pools nay be constructed on any lot provided they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer than thirty (30) feet to the rear or side lot lines. No above-ground swimming pools shall be erected or ' maintained on any of said lots. (d) Dwelling Square Footage Requirements No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet. If the living area is on more than one floor, the total living area shall not be less than 1800 square feet with a minimum first floor of 1000 square feet. (e) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (f) Approval of Construction Plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by SEVENTY MARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of SEVENTY MARION ASSOCIATES as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of BAST MARION WOODS community. All exterior construction, painting and grading shall be completed within one (1) year after coamencement of construction. This approval is in addition to any building permits or other approvals required by the Town of Southold. 2 • • (g) Building Modification All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. 2. Restriction on Division and Use of Lots No lot shall be divided and conve ed as two or more separate Y parcels. Nor shall more than one single family dwelling house be ~I located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs ~i No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of SEVENTY MARION ASSOCIATES their successors or assigns. This consent is in addition to any building permits or other approvals required by the Town of Southold. 5. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. In no event shall more than two (2) such household pets be kept, bred or maintained on any such lot. 6. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 3 II I • • 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. s. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling foz collection. Trash or rubbish shall not be burned upon the premises. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. I 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences xhich enclose a tennis court which III shall not exceed twelve (12) feet in height. 11. Tree Planting Sach lot owner xill plant trees on front of cleared lots with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. 12. Common Drive and Open Space Facilities (a) Open. Space ,Area Subdivider has set aside, as indicated on the subdivision map, an open space area for the use of the owners of lots and their guests and invitees. (b) Upkeep of...Common Drives Owners of lots, 2, 3, 4, 5, 6, 7, 10, il, 12, 13, 16, 17, 18, 19, 22, 23, 24 and 25 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. !c) Upkeep of Open Space Urea Sach lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the open 4 space area. All decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (d) Payaent of_Contn.butons by Lot Owners Nhile the subdivider holds title to the open space area, he will pay the taxes and expenses mentioned in Paragraph (c} above, and xill submit bills to the individual lot owners for their respective contributions_ Such bills will be paid in full to the subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such present lot owner. in the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. (e) Home0wners.Associaton (i} The words "Homeowners Association" or "Association", as used herein, shall refer to an incorporated not-for-profit organization operating under recorded land agreements through which each lot owner is automatically subject to a charge for a proportionate share of the expenses of the activities of the organization. (ii) The words "Lot Owner", as used herein, shall refer to the record owner of fee simple title in and to any lot in the subdivision, including the Declarant as to an unsold lot. (iii) Declarant shall assume all responsibilities of the Homeowners Association until such time as Declarant has conveyed of the lots to the Lot Owners. At such time, Declarants, their successors and assigns, shall, at their own cost and expense, incorporate a Homeowners Association and within sixty (60) days thereafter shall convey title to the Open Space to the Homeowners Association. (iv) Opon the creation of the Homeowners Association, as hereinbefore provided, all responsiblity for operation and maintenance of the Open Space shall lie with the Association. , Every Lot Owner shall be deemed a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. i (v) Iiithin sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the government thereof, which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 5 _ • • III (vi) The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: (A) Sach Lot Owner shall be entitled to one (1) vote at any meeting of the Association. Sverp Lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entiretp. (B) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeowner's fee. Sach and every Lot Owner shall be subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space. (C) The Association shall have the right to suspend the voting rights of a Lot Owner for his failureto pay when due any and all charges due the Association; and that all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (D) The Association shall have the right to borrow such sums of money as it deems necessary for the mainenance and improvement of the Open Space, and to secure the same by a lien on the Open Space. (f) Utility Sasgment An easement along the road of said map or any other area necessary is hereby specifically reserved for the installation and maintenance of wire and conduits and of all , proper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any, provided, however, that said easements shall be under areas designated by municipal or public utilities authorities. 13. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 6 14. Enforcement shall be by proceedings at law or in equity brought by SEVENTY MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Southold may bring a proceeding to enforce these convenaats and restrictions. 15. Failure by SEVENIR MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the plots shown on the map of EAST MARION ROODS and are not extended to any other property now or to be owned by SEVENTY MARION ASSOCIATES. SEVENTY MARION ASSOCIATES By: Srwin P. Staller Declarant STATE OF NSN YORE) ss: COUNTY OF SUFFOL&) On this dap of 1989, before me personally came ERAIN P. STALLER, to me known and known to me to be the same individual described in and who executed the above instrument and he duly acknoxledged to me that he executed same. Notary Public I 7 ~c~~~~r~~~n ~ ~ 0 I.J~~ ~ nFr, - 6 1988 i ~p5 C~< ~ i SOUTH(1LD TOWN ~ ~ Town Hall, 53095 Main Road PLANNING BOARD y0 ~ P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY 1 T Fnx (516) 765-1823 TOWN CLERK TELEP}{ONE (516) 765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 29, 1988: RESOLVED that the Town Board of the Town of Southold hereby accepts the $21,946.50 Irrevocable Letter of Credit posted by 70 Marion Associates as a bond for roads and improvements in the major subdivision of East Marion Woods; said bond amount approved by the Town Board on July 12, 1988, as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. Judith T. Terry 0 Southold Town Clerk December 2, 1988 ~cq,~1~ FOI,'( n P~~ 1 V ,N`I, ~N G? B Q ,'A R p a4' ti ' TO~ ~i~O.~~SOIJ. I,i~O~D r"` ~r SLT E~O,Lr lf~ ,v 1V- Southold, N.Y. 11971 {516) 765-1938 M E M O A N D U M T0: James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney FROM: Valerie Scopaz, Town Planner RE: Propsed Subdivision of East Marion Woods, East Marion. SCTM # 1000-031-1-5.1 DATE: June 8, 1988 Enclosed please find a draft Declaration of Covenants and Restrictions that has been submitted to the Planning Board for review. The DCR's are the applicants' response to the Planning Board's request for Articles of Incorporation pursuant to Section 100-136.E. of the Zoning Code. Please review the enclosed DCR's and determine whether they meet with the provisions of Section 100-136.E. ~ ~ E ~ ~ µ ATTORNEY AT LA i 828 FRONT STREET, P. O. BOX 803 ~ ' GREENPORT, NY 11844 E Nl/Y q O ~ ~ ` (616) 4771016 ~ l1P L O ~ SUUiiiOlD T06VN~ FLANFliV~ NO~ND November 28, 1988 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: East Marion Woods Gentlemen: I have enclosed two mylar maps~for the above-referenced subdivision, along with a copy of the letter of credit filed this date with the Town Clerk. Please advise me as soon as the maps have been signed by Mr. Orlowski, as Chairman. Very rul , ~i ~ J. in Mc a hli JKM/lmt Enclosures NOr~TI-I~~ FOr~I< --~-1 Ci/~,NI< The Nwtb Folk Sank B Trust Co. SuOStl~ary o! North Fak (i,ncoipwenon. Inc Home Ofhce. Ma1liWek, New York 11952 November 23, 1988 Towrt Board Towrt of Southold Southold, NY 11971 Re: Performance Bond $21,946.50 Subdivision: Map of East Marion IJoods Situate: East Marion, NY Letter of Credit kM-88110 Dear Board hternbers: By order of 70 Marion Associates, a partnership, having its principal place of business i n Hauppauge, NY and for account of same, we hereby establish thi s Irrevocable Letter of Credit in your favor up to the aggregate amount of Twenty I One Thousand Nine Hundred Forty Six and 50/100 (521,946.50) US Dollars available by your drafts} at sight accompanied by: i Certified copy of the resolution of the Town Board certified by the Town Clerk, which indicates: 70 Marion Associates has failed to con+plete all of the improvements to I' be completed by 70 h]arinn Associates with regard to a subdivision reap entitled "East Marion 6JOOds" heretofore approved by the Planning Board of the Town of Southold on August 15, 1988 and that, as a result of said failure, there is due and owing an amount equal to the face amount of our attached draft. !<e further certify that the amount drawn hereunder is for the sole purpose of completing these items of improvement, which were to he completed by 70 t4arion Associates. I' Each draft must state that it is "Drawn under Letter of Credit ~M-88110 of The tdorth Fork Bank E Trust Company dated November 23, 1938", and the amount endorsed on this Letter of Credit. This Letter of Credit will be in full force until November 23, 1989 and will be automatically renewed for successive one-year periods upon the anniversary of its issue, unless at least 30 days prior to such date or any subsequent anniversary date we notify the Town of Southold Attorney at Southold, PJY and the Tovm Planning Board, Southold, New York in writing, by certified mail, return receipt requested, that we elect not to so renet•+ this Letter of Credit. Upon receipt by you of such notice, you may draw hereunder by drafts drawn at sight on us as previously prescribed. Except so far as other!vise expressly stated, this Credit is subject to the Uniform Customs and Practices for Cormnercial Documentary Credits fixed by the Internationa] Chamber of Conmerce applicable at the date of this letter. we hereby agree that drafts drawn in accordance with the terms stipulated herein will be duly honored upon presentation and delivery of documents as specified if presented to 1'he PJOrth Forl< Bank P, Trust Company, 9025 Route 25, i Mattituck, NY 11952 on or before November 23, 1989 or any automatically extend:.~ri date. Very truly yours, THE NORTH FORM. BANK TRUST COMPANY BY: C. ;~,t~~ ep a s'Fi,-'Vice Presn en'a L JM!:lef r ~,OINNT(E, EAST MARION FIRE DISTRIC ~ ~ ~ o ~ P. O. BOX 131 MAIN ROAD ~ EAST MARION, NEW YORK 11939 ~ AU6 ? ~ i BOARD OF SOUTHOLD 1'-~'; I FIRE COMMISSIONERS FLANP;!NG?L~ tiugust 25,1°,88 Tcwn of ,Southold rlannin~ Ilcurd I•Iain 1soUd ~outhold,i~ .Y. ~~G~~ Re:Last T~arion vJoods sc~rr~~oco-3o-2-(~-~;) Dear I°~r. Orlowski: Lr'nclosed x;lease find a copy of the above cited subdivision map with a proposed fire well located on it. Phis is the only fire well requested. Specifications for the fire well will be Forwarded shortly under separate cover. V~,~y truly,y~u s, ~ < i% ' Jo ph Cherepowich Secretory enc. 311s8 Se+~-'~- ya ~S-c~~~o--Fr~~e robe >r..,a:. 9rrl gi~eria tya,:'sdi a ~J.>~. ~ KEY MHP 600'=! b Jw !k CO. Tax Pares? l000.030~2- . y DarNf _ .¢oaa RECF~YED BY Bw7dlhp ZOnt 'A'-OSr /n~r s}4//B'7 f13JOO/af@j bo ut 'rre!(. '7 kocev ~ ~08~'~ pmyNplC~~ is55 Vetsrens N+'9hWay ~ I ~a8 9p~+~orsl ,ydrviJrol +vNla and ceea~+: 3 g..~r1.~s, ~ 9 ~ - t se ~oit; ~z, ~ ~~H 2~ Conloui! rar» Coun ho a, H1 p. ~ G.¢6MIdC _ y~' S ~ ' I LEp fr?F BqJ NSylO ~ = d - _ w 11 - ~ tiC.. _ -~_._..J _ s~~r ~AN ~r o _ _ ~ a _ P - - NJ C K, Y _ V - _ ?O w ~ _ - f 40.G.^G'' J 't /OfJ) SEPT 19E6 amend ' , ~ ICI ' ~ - oC... azrefin~~ ) _ i } { /}0 Z-. .~"^5-+.... ~I~~eY ~(~~(j~C3AsT ~ 9.~ ACQ'F'3 g~a qtr. ray ~a+ _ 2d Ju#~~198$ ~ a ~ i X40 ~ , ~ _ _ MAR/Qty ~ S - - ~ / _s s ~ r ;ao "T___ r~---~-r-____.,_ _ _ ~ ~~1~~ ~y ~ ~r ~ 1 ~ ~ i' ~ _ 367 ~ p ~~'~•~r Rr~w{ np2~ye ~ ViOH Twyh PC, 4 / ~ ~ ~ _ 1 (3]53 _ So . rz It ! o r T i r ~ ~ ~ i 9~,_.___.__ v-.~_4p~.~~~ ~r+o ~'r °a' Cit. /vnA~u~ a: ~ ~'d i ' 110 ? ~ °1ANp5 6/B6n~(7or?; N.V RS I - Y_ ^ s F f0 ~ ~ i ~ i - _ ? ~ o H _ p~„p _ zrGOd$ ~ ~ ~ ~ M ~ ~ V / ~ ~ I r ~ i ~r ' ~i. m~ ~ ~ ~ ~ 4a ~ i9o ~ ? i r I ~ 1 ~ a `r~, L,- ..1i_~. ,r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ b ~ l ~ o. 9 ~ . . _ ! ~ ~ ~ 1 ~ ~ y~ p ~ 1 ftrI ~ i ~ ~ N c p 0 ' ( ~7 wcads~ ~ ~ ! ~ p N ~ ~ N ¢ _ - r ~ - ~ ~ ~ ~ ~ 0--_ r i ~i ~ V i 0 ~ 30$ I laS i 'w' i i ~ p laf las ~ rj . - lay laf ! ~ ~ N N u' P G C/ 3 ~ ' - ' o P e N 305 3as _ _ . a ~ro - 5b - ~ 3 rya "w,.,,b"°+~*a _.:.uc...,c.,~~'_,_ d`e'w' v. ' /?aW or' FoCMt ~ ~lrlfd . ~w ~>bm a.,., "a _Y._ _ - - _ - _ - ~ - ~QcyUFFQ(/(~~li ' Town Hall, 53095 Main Road v~ ~ P.O. Box 1179 ~ `O~~ Southold, New York 1 1971 TELEPHONE (516) 765-1938 - PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 25, 1988 Irving Price 828 Front Street Greenport, NY 11944 RE: Proposed major subdivision for East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. Price: In answer to you letter of August 19, 1988, before the Chairman can be authorized to endorse the final maps, the following conditions must be met: 1. Firewells, if needed, must be located on the map. The Planning Board has contacted the East Marion Fire District for their input on this matter. Once the location(s) are determined it is possible to hand print this on the map. You will be notified of the Fire Districts determination. This must be done prior to the signing of the maps. 2. Street trees were not calculated in the bond estimate, however, as per Section A108-38 and A108-41 of the Town Code, the Planning Board requires street trees. These trees must be planted before the bond will be released. 3. The health approval, as stamped on the maps in our office, was granted on December 8, 1987 and is valid only for six (6) months. Updated maps must be submitted before the maps can be signed because the County Clerk's office will not allow the filing of a map with an expired stamp. The maps can be updated by bringing the mylars to the Health Department, so that they can re-date them. Call Roy Reynolds at 548-3318 to find out where to take the maps at the Health Department. Maps with the updated Health Approval and the location of the firewells must be submitted within six (6) months of the date conditional final approval was granted. Please submitt two (2) mylars and four(4) paper prints of the mylars for the Chairman's signiture. Please see enclosed list of the County's filing requirements. Ver my yours, -GrY/+td~~~% , BENNETT ORLOWSK,JR. CHAIRMAN enc: jt IRVING 1.. PRICE, eTR. ~ ~ ~ f2 ~ (y~ ATTORNEY AT LAW q) B V 626 FRONT STREET U ~ D GREENPORT, L. I., N. Y. 11844 ILI{ 2 2 (619) 4]7-1016 SOUiHOUJ OWN MANNING BOARD August 19, 1988 Southold Town Planning Board Town Hall Southold, NY 11971 Re: East Marion Woods Gentlemen: We would appreciate a complete list of all requirements for filing this subdivision map. Your letter of August 16, 1988, seems contradictory in that in one place you state final approval is granted subject to the redating of Health Department approval, planting trees and Fire Department approval In order to expedite this, as stated above, we would appreciate a list of all you will require so we may assemble the items immediately. Ve truly yours, Irvi g L. Price, J ILP/lmt cc: Cary F. Staller STALLER ASSOCIATES r ~~~y'C f ~~.,r{~r© .G . ~ , C . o ~ Town Hall, 53095 Main Road ~ P.O. Box 1179 ~ Southold, New York 1 1971 ®1 n~t TELEPHONE . (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 Irving Price 828 Front Street - Greenport, NY 11944 RE: East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. Price: The following action was taken by the Southold Town Planning Board on Monday, August 15, 1988. RESOLVED that whereas, a formal application for the approval of the above mention major subdivision located at East Marion was submitted to the Planning Board on October 9, 1986 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on 3uly 25, 1988, at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Irving Price, Esq. for approval of said subdivision prepared by Van Tuyl dated March 2, 1987, be approved subject to satisfaction of the following conditions: 1. Firewells, if needed, as per East Marion Fire District must be noted on the map. The Fire Department has been notified to respond to this matter. Eighty eighty street trees should be planted on Rocky Point Road, as per Town Code, Sec. A108-41. E Upon receipt of updated Health approval and the fulfillment of #1 within six (6) months of the date of final approval the Planning Board will proceed with this application. If you have any questions, please do not hesitate to contact this office. Ver my yours, .(~yf/~t~s~~v BENNETT ORLOWSKI,JR. CHAIRMAN jt a • Owadally, by land now or formerly fl~ d LQg~ ~O~CBS of Margaret Kmkowski; by land. V now or formerly of William Mof- fet, Jr. by land now or formerly STATE OF NEW YORK) II LEGAL NOTICE of Sohn and Henry Siwicki by ) fS; JUL ' 8 NOTICE OF land now or formerly of Robert PUBLIC HEARING Taplin by land now or tomserly COUNTY OF SUFFOLK) NOTICE IS HEREBY GIVEN that of Chester Finne by land now or $DUINDLD 70WN pursuant to Section 276 of the fortnedy of Robert Goldsmith, by , ` NNING D Town law, a public hearing will land now or formerly of Mary t be held by the Southold Town Wheeler by land now or tor- p Planning Board, at the Town Hall, merly of Donald Tuthill. E81d COUDty, being duly sworn, says that he/she is Prinel 8 Main Road, Southold, New York in 8:00 p.m. Preliminary approval Clerk Of THE SUFFOLK TIMES, a Weekly Newspaper, said Town on the twenty-fifth day of the major subdivision of the County Of of Iuly, 1988 on the question of Woods at Cutchogue, located at the published at Mattituek, in the Town Of Southold, the following: Town of Southold, County of Suffolk 8114 State Of NeW York, and that the Notice Of WhICh 7:30 p.m. final approval of the Suttolk and Stale of New York. major subdivision of East Marion Suffolk County Tax Map No. the annexed is a printed copy, has been regula~ published in Woods, located at East Marion, 1000-102-1-4. - said Newspaper OBCe ee0h Week for WeekE Town of Southold, County of Suf- The property is bordered on the da Of folk and State of New York. Suf- aUC sIV fy, COR11nenC n On the _ Y folk County Tax Map No. 1000- Noah by the lung Island Railroad 21-6-3, 1000-30-3, 5.3, 1000-31- Company; on the East by land tg 1 now or torrterly of A $ T Cybul- The property is bordered on the ski by land now or formerly of _ Noah 6y land now or formerly of Smith by Depot Lane by land now or formerly of Hargrave and Rosenberg and Southern Blvd.; on the County of Suffolk. the East by Rocky Point Road; on Any person desiring to be heard the South by land now or formerly o„ the above matter should appear - Principal Clerk of Sepenoski and Main Road; on at the time and place specified. the West by ]and now or formerly BY ORpER Rf OFTHE SOUTHOID TOWN / 7:45 p.m. Preliminary approval pl-ANNBJG BOARD of the major subdivision of the BENNETT ORLOWSKI, JR., DIIM Company (cluster proposal) Ck1A7RMAN SWOm t fore r118 this at Town of Southold, County of 6016-ITJyl4 tg~ ARY K. DEGNAN Suffolk and State of New York. day Of NOTARY PU[iL~C~J,S-18te of New Vofa Suffolk County Tax Map No. $Uff01k Cmdlll) Ne. ~p/` 1000-55-6-15.1. ~~J~J~ YermExP~t~FBlt'y(/J1 The property is bordered on the V ~ l North by land now or formerly of "Yenmecott Park"; on the East by land now or formerly of Richard and Lauren Wheeler by land now oc tortnerly of Francis and Patricia ~ O'Malley by land now or tor- I merly of Edwin Mooney; on the South by land now or formerly of Peter Meyer, Ir. by land now or formerly of Carl and Anthony Co- ' dart and another by land now or ' fornedy of Walter and Susan Stype; on the West by land now or fartnerly of Richard and Iudith ~ LEGAL NOTIC) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY COUNTY OF SUFFOLK GIVEN that pursuant to Section STATE OF NEW YORK ss: 276 of the Town Law, a p~ablic hearing will be held by the Southold Town Planning Board, arthe Town Hall, Main Road,' - Patricia Wood, being duly sworn, says that she is the Southold, New York in said Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Town on the 25th day of July, [988 on the question of the a public newspaper printed at Southold, in Suffolk County; following; and that the notice of which the annexed is a printed copy, 7:30 p.(p„Final approval of has been published in said Long Island Traveler-Watchman the major'subdivision of East Marion Woods, located at East once each week for ~ weeks Marion, .Town of -Southold, ~ ~ CountyofSuffolk,andS[ateof successively, commencing on [he ~ New York,: Suffolk County Tax Map No. 1000.21-6-3, 1000 30.3, ~l 5.3, 1000-31-1. da ~ ~ 19 The property is bordered on the North by land now or formerly. of Rosenberg and SoutherdBlvd.; on the East by Rocky Point Road; on the South ' ~ by land now or formerly of ' Sepenosk}and Main Road; on the West by land now or former- Sworn [o before me this day of ly oP Lacy. ~ d 7:45 p.m. Preliminary ap~rovai j 9 ~0 of the major~subdivisignof the ' ' ' ' ' ' ' ' ' ' DBM Cottj,pany :,(cjus[er / proposal) at Town of SA}ttfidd, County of Suffolk and Mate of New York . Suffolk County Tax Map No. 1000-55-6-15.1. . .?.?'~'i The property is bordered on Notary Public the North by land now or BARBARA FORBES formerly of "Yennecott Park"; on the East by land now or N~t9 Public, 6tate of New York formerly of Richard and Lauren No, 4908846 Wheeler- by land now or Qualified in Suffolk County formerly of Francis and.Pa[ricia Commteeton FacPubaQi~jy~ 19 cPc>" O'Malley- by land now or formerly of Edwin Mooney; on the South by land .now or formerly of Peter Meyer, Jr: by land now or formerlyof Carl and Anthony Codan and another- by land now opformer- ly of Walter and Sussn Stype; on the West by land now Or former- ly of Richard and Judith Owadaily, by land now or formerly of Margaret Krukowski; by land now or formerly of WilliaineMOffet,Jo- by land now or formerly of John and Henry Siwicki- by ' land now or formerly of Robert Taplin- by land now or former- ' ly of Chester Finne- by land now or formerly of Robert Goldsmith, by land now or formerly of Mary Wheeler- by -land now or formerly of Donald Tuthill. g:00 p.m. Preliminary ap- " prowl of the major subdivision 4( the Woods at Cutchogue, located at the Town. of Southold, County of Suffolk, and State of New York .Suffolk County Tax Map No. 1000-102-1-4. The property is bordered on the North by the Long Island Railroad Company; on the East by land now or formerly of A&T Cybulski- by land now or formerly of Smith - by Depot Lane- by land now or formerly of Hargrave and the County of Suffolk. Any person desiring to be heard on the above matter should appear at the time and place specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. CHAIRMAN 1T-7/14/88([1) . t~ r - - LnGAL NOTICE , NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the twenty fifth day of July, 1988 on the question of the following: 7:30 p.m. final approval of the major subdivision of East Marion Woods, located at East Marion, Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map No. 1000-21-6-3,1000- 30-3,5.3,1000-31-1. The property is bordered on the North by land now or formerly of Rosenberg and Southern Blvd; on the East by Rocky Point Road; on the South by land now or formerly of Sepenoski and Main Road; on the West by land now or formerly of Lacy. 7:45 p.m. Preliminary approval of the major subdivision of the DBM Company (cluster,. .pro.posal)at Town of Southold, County of Suffolk and State of New York. Suffolk county Tax Map no. 1000-55-6-15.1. The property is bordered on the North by land now or formerly_of "Yennecott Park"; on the East by land now or formerly of Richard and Lauren Wheeler - by_land now or formerly of Francis and Patricia O'Malley- by land now or formerly of Edwin Mooney; on the South by land now or formerly of Peter Meyer,Jr.- by land now or formerly of Carl and Anthony Codan and another.- by land now or formerly of Walter and Susan Stype; on the West by land now or formerly of Richard and Judith Owadally, by land now or formerly of Margaret Krukowski; by land now or formerly of William Moffet,Jr. - by land now or formerly of John and Henry Siwicki - by land now or formerly of Robert Taplin - by land now or formerly of Chester Finne - by land now or-formerly of Robert Goldsmith, by land now or formerly of Mary Wheeler - by land now or formerly of Donald Tuthill. 8:00 p.m. Preliminary approval of the major subdivision of the Woods at Cutchogue, lacted at the Town of Southold, County of Suffolk and State of New York. Suffolk county Tax Map No. 1000-102-1-4. The property is bordered on the North by the Long Island Railroad Company; on the East by land now or formerly of A &'T Cybulski - by land. now cr fomrerly of Smith - L-y Depot Lane.-`by land now or formerly of Hargrave and the County of Suffolk. Any person desiring to be heard on the above matter should appear at the time and place specified. BY ORDER OF THE SOUTHOLD TOfWjN PLANNING ~ s BENNETT ORLOWSKI,JR.,CHAIRMAN .I ~ ~ _ n LEGAL NOTICE NOTICE OF PUBLIC HEA G NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public. hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the twenty fifth day of July, 1988 on the question of the following: 7:30 p.m. final approval of the major subdivision of East Marion Woods, located at East Marion, Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map No. 1000-21-6-3,1000- 30-3,5.3,1000-31-1. The property is bordered on the North by land now or formerly of Rosenberg and Southern Blvd; on the East by Rocky Point Road; on the South by land now or formerly of Sepenoski and Main Road; on the West by land now or formerly of Lacy. 7:45 p. m. Preliminary approval of the major subdivision of the DBM Company jcZuster..proposal)at Town of Southold, County of Suffolk and State of New York. Suffolk county Tax Map no. 1000-55-6-15.1. The property is bordered on the North by land now or formerly_of "Yennecott Park"; on the East by land now or formerly of Richard and Lauren Wheeler - by:land now or formerly of Francis and Patricia O'Malley- by land now or formerly of Edwin Mooney; on the South by land now or formerly of Peter Meyer,Jr.- by land now or formerly of Carl and Anthony Codan and another,- by land now or formerly of Walter and Susan Stype; on the West by land now or formerly of Richard and Judith Owadally, by land now or formerly of Margaret Krukowski; by land now or formerly of William Moffet,Jr. - by land now or formerly of John and Henry Siwicki - by land now or formerly of Robert Taplin - by land now or formerly of Chester Finne - by land now or-formerly of Robert Goldsmith, by land now or formerly of Mary Wheeler - by land now or formerly of Donald Tuthill. 8:00 p.m. Preliminary approval of the major subdivision of the Woods at Cutchogue, lacted at the Town of Southold, County of Suffolk and State of New York. Suffolk county Tax Map No. 1000-102-1-4. The property is bordered on the North by the Long Island Railroad Company; on the East by land now or formerly of A"& T'Cybulski - by land now or fomrerly of Smith - by Depot Lane by land now or formerly of Hargrave and the County of Suffolk. Any person desiring to be heard on the above matter should appear at the time and place specified. BY ORDER OF THE SOUTHOLD T0~ ~ ^ PLANNING ~ / r BENNETT ORLOWSKI,JR.,CHAIRMAN v - July 22, 1988 East Marion Fire Department Fire Commissioners Main Road East Marion, New York 11939 RE: East Marion Woods SCTM# 1000-30-2-(1-25) Dear Commissioners: Enclosed please find a copy of the above mentioned subdivision. Please notify this office as to whether any firewells are needed. Your promp reply is appreciated as this subdivision is in the final stages. Ver truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN enc. jd • ~ RECEIVED 4Y ~c~VEFOLA(CO SGU~~lGr,1 ~iA 1988pRD o DATE Town Hall, 53095 Main Road A+0 • ~ P.O. Box 1179 '>f~10 .~a~ Southold, New York 11971 JUDITH T. TERRY ~ ~ TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS 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, 1988: RESOLVED that the Town Board of the Town of Southold hereby accepts the bond estimate in the amount of $21,946.50 for the major subdivision "East Marion Woods", located at East Marion, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne E Son, Consulting Engineers. J~ Terry Southold Town Clerk July 13, 1988 ,^,~~~FFO(/~~,~,p~ P ~ N T D ~T SL Y y~'1 ~ ~ Southold, N.Y. 11971 (516) 765-1938 July 12, 1988 Irving Price, Esq. 828 Front Street Greenport, NY 11944 RE: East Marion Woods SCTM #1000-31-2-(1-26) Dear Mr. Price: The following action was taken by the Southold Town Planning Board on Monday, July 11, 1988. RESOLVED that the Southold Town Planning Board set Monday, July 25, 1988 at 7:30 p.m. for the Public Hearing on the final approval for this major subdivision on 59.8275 acres located at East Marion. RESOLVED that the Southold Town Planning Board accept the revised bond estimate for this major subdivision and to recommend that it be accepted by the Town Board. If you have any questions, please do not hesitate to contact this office. Ve ruly yours, r~%'~~~ ~u'~~~ ..(i1~(/~t~~' BENNETT ORLOWSKI,JR. . CHAIRMAN enc: jt CC'• ~DW Cl~cs,~i Y SIDNEY B. BOWNE ~ SON Sidney 8. Bourne, P.E., L.S. (~__,,,/A„~_ ~°~o~n~~y, Rolantl Antlers (t9Z2-tgs9~ O 7r ~~Frank Capobianco Chester C Kelse P.E., L.S. 93oger L Coccni v 45 Manor Road Q,VED B'( Francis J Lynch Alexandre W. Mercil, P.E. t Robert A Stanton P.E. Smithtown N.Y. 11787 ~ p hilip Schlo[zhauer Robert W- Brown L S. ~ * i t ; oj~~'~ ~~~11~~11 ~ Joseph E Ste9man Zabdiel A. Blackman, P.E., L.S. (516) 7240611 ; v• ~ ~ ~p~~` Y~ Paul E Stevens 5 .j9 l Iliam T. Styne w' Rlchartl B. Weber George A. Style. P. E. ~ p,4TE Jerry D. AlmonL P.E. y~~/ George L Fagan, Jr., Ph.D., P.E. ~ .Z'~j' D" V Thomas R. Pynchon, L.S. June 20, 1988 Mr. Bennett Orlowski, Jr; Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 Re: "East Marion Woods" subdivision, in East Marion, Town of Southold S,C.T,M, 1000-030-02 (1-26) SBB No. 87159. Dear Mr. Orlowski: Enclosed please find a revised Bond Estimate for the above referenced subdivision. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICOND VM:rp Encl, MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Epual Opportunlry EmD~oyer M/F/R ,SIDNEY B. BOWNE & SON ~ ~ June 20, 1988 BOND ESTIMATE FOR EAST MARION WOODS LOCATED IN EAST MARION, TOWN OF SOUTHOLD S.C.T.M. DISTRICT 1000, SECTION 030, BLOCK 02, LOTS (1-26) ITEM NO. QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 72 v.f. 8' Di a. leaching pools 8' Deep, 9 each 250.00 $ 18,000.00 2 11 c.y. Agg. Base Course 40.00 440.00 3 97 s.y. Fine Grade 1.50 145.50 4 23 tons Asphalt Pavement 100.00 2,300.00 5 252 l.f. Saw Cutting 3.00 756.00 6 61 s.y. Topsoil & Seed 5.00 305.00 TOTAL = $ 21,946.50 9t~ ~~nc,.~ cPSo~c~~tioy~ }0,2 ~`~;~~w. e~ ~F~rek~el~S anc~ s~r~ ~"fce5. SBB NO. 87159 D/96 Sheet 1 of 1 ~FFntk P D Z T D ~ s ~1~~ Y Southold, N.Y. 11971 (516) 765-1938 June 23, 1988 Irving Price, Esq. 828 Front Street Greenport, New York 11944 RE: Proposed Major Subdivision of East Marion Woods, East Marion, New York. SCTM{I1000-31-2-(1-26) Dear Mr. Price: Enclosed you will find minor revisions that should be made to the road profile. Please submit three sets of corrected profiles along with the enclosed maps at your earliest convenience. The performance bond estimate is being prepared based on the revisions shown. You will be notified when the estimate is received from Sidney B. Bowne's office. Ver y your f CHAIRMAN Enc. cc: Robert W. Brown jd ~ i SIDNEY B. BOWNE S SON Sidney B. Bowne, P.E., L.S. !~p__,,,/~;,~_ ~°~U~~ Rolantl Antlers (1922-1959) Roger L Cocchi Chester C Kelsey, P.E., L.S. Q5 Manor ROad Philip Scbbtzheuer Alenandre W. Mercil, P.E. Robert A. Stanton, P.E. SR111h10Wn, N.Y. 11787 Joseph F. Stegman Rnbert W Brpwn. Ls. RECEIVED BY Paul F Stevens zabdiel A. Blackman, P.E., L.S. (516) 7240611 cram t. sryne SUUTNUID TUWN PLANNING BURRO RicharaR Weber George A. Style, P.E. ~ UN 2 O 1988 Jerry D. Almont, P.E. George L. Fagan, Jr., Ph.D., P.E. DATE Frank Capobianco, C.E. Thomas R. Pynchon, L.S. June 15, 1988 Mr. Bennett Urlowski, Jr; Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y, 11971 Re: "East Marion Woods" subdivision, East Marion, N•Y. S.C.T.M. No. 1000-30-2-(1-26) SBB No. 87159. Dear Mr• Orlowski: Enclosed please find a profile of Rocky Point Road showing all existing and proposed drainage as per Ray Jacobs' recommendations of March 13, 1987, modified to suit actual road elevations. A structure has been added near the northerly line of lot 15 due to the extremely flat grade in this area. This information should appear on the record profile for this subdivision. If you have any questions, please contact this office. Very truly yours, SIDNE B. BO E & SON CON LTING NGINEERS/1 eC~f R OB E R' r ~ (7vE~~;~f~ VM:rp Encl: ~ ~ls ~ MINEOLA • SMITHTOWN • NEW YORK CITY An Equ•I Opportunlry Employer M/F/H ..a ka t ~ L+"~ ;C'~.fl i.~ a f 4.7.'2 `~+~7~~''~ t't ~t 1 s ~ N i { ~ 4 =;t; } ' ~ i _ -fit"'' ~,n. ~ > Vt - ~ ~t , ~ l _ ,H w } u q i _ ~,,Y t - _ , ~"bl 1 . ,a~i ~ ~ ~ 1d ~ Y s i _ i 1 LSy+ ~ t ~ M1 ~ i Y"~_ r t~ w. ~Y ?..v,- w r i~ y..__. ~ 4 4 ~ .6~ ~ i =~r4 ~ { ~ r ~ 1 .v+: H. ~ .1 i v .R~ ± r ' ~ ~ . ~~4Y ~w-y y. 1'+~ y~L Y ~ t t ! 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Jr~~ was r ~ 7 f a ~ ~ , : 5 .a{ ~ t. 4 Y r ~s9 /I'.rv ~ -Ar r: ri. , 11 1 y L S W ~ r'K V 1' ? 1 ~ i A ? 'rY a i 3 rya ~ 5 ~ T 1 ~ ~.t ~L ~~T 4 r ~e RY S ~FF~L(r P ti T w D cn ~ ~ SL Y 1~~ a.. t. Southold. N.Y. 11971 (516) 765-1938 June 6, 1988 Irving Price, Esquire; 828 Front Street Greenport, NY 11944 RE: Proposed subdivision of East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. Price: This is to follow up my telephone conversation with your secretary on May 31, 1988. On that date, one copy of a road profile was received from Van Tuyl's office. Three copies had been requested at our previous meeting on May 12, 1988. Until this office receives the two additional copies, the Town's Engineering and Highway personnel will not be able to coordinate their review. If there are any problems or questions concerning this, please do not hesitate to call this office. Sincerely, Valerie 5copaz Town Planner jt • „~~FFO(,Y~, P ~ ~ d~ ~ T ~q~I~` S. { D S 1, Y 1 r~. ~ Southold, N.Y. 11971 >.rfb16) 765-1938 Suti~ lg4~q, Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Nr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (i\ajor subdivision minor subdivision, site plan) Lg t /hlar'e~ \x)o~c9s Hamlet ~cs'E Mhc;nnl MATERIAL SUBMITTED: File ll ,g L 5 9 Suffolk County Tax Map No. IUC~U - 3U - 1 - 5.~ Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map ~ 1 t 1 Other ~VAO '~f0!' \44 fe F 2 \\DG[' ~ ~O ~N} ~uGC~ w~~C~ ~S Gt~a Oft N\' ~U S hcl' 'S• r1 F Ec T Mrya~ NtJ ac+~i 1 Comments: f fsu~, I\~ '{'O T\ 1'\G 1~-M Yr\QG~'N G1MON S~4\~e ~C 4` SSoC CG C45 QV,~ Q r ey,~~r .SJ \1 Sc ~cz~sd Pr' subrn't`-ec\ !Uf y ucz a ~'ew ~legae ~roe{e v_'t~ 'ts reu'e..,~ fie!' 1-\.0 ar¢en.p N~' ~-F T4~' Mev 11~ m{ !iN Ver truly yours, B NETT ORLOWSKI, JR.,CHAfRMAN "f cc. 1-~~od~r.wo.~' ~epartr*erS~ SOUTHOLD TOWN PLANNING B6iCdD ~.vFFO(!~n P ~F_ .s~~ ti Ft ~ ~t' ~ T O~ ~ D SLR ~.1~~ Southold, N.Y. 11971 (516) 765-1938 June 9, 1988 Mr. Raymond Jacobs Superintendent of Highways Peconic, New York 11958 RE: East Marion Woods SCTM# 1000-30-1-5.1 Dear Mr. Jacobs, Enclosed please find the road profile for the above mentioned subdivision for your review. Please note that we have also sent it to Rob Brown at Sidney Bowne and Son for his review. Please forward comments to our office. Very truly rs, ~/~~fj. / ~'LC~ RMA , ~FFO(,~,, P s~i TO ~ D V~ t SLx ,~lw`~~~ Southold, N.Y. 11971 (516) 765-1938 M E M O A N D U M T0: James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney FROM: Valerie Scopaz, Town Planner RE: Propsed Subdivision of East Marion Woods, East Marion. SCTM # 1000-031-1-5.1 DATE: June 8, 1988 Enclosed please find a draft Declaration of Covenants and Restrictions that has been submitted to the Planning Board for review. The DCR's are the applicants' response to the Planning Board's request for Articles of Incorporation pursuant to Section 100-136.E. of the Zoning Code. Please review the enclosed DCR's and determine whether they meet with the provisions of Section 100-136.E. ~ • • i2EtrEIVED B'I' DECLARATION OF COVENANTS AND RESTRICTIONS ~~N- ~ R'~~i~~'~~aJf(ANNINGaB011~1 70 MARION ASSOCIATES - _R e1 198p This declaration made this day of 1988 by W I T N E S S E T H; WHEREAS, 70 MARION ASSOCIATES, a partnership with its principal office located at 146b Veterans Highway, Hauppauge, New York, hereinafter referred to as the "Declarant", is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, EAST MARION WOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the office of the Clerk of Suffolk County as Map Number 704b on the 19th day oP January 1982 and bearing Tax Map No. 1000-02 b.00-04.00-011.003. WHEREAS, said 70 MARION ASSOCIATES, is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and WHEREAS, said 70 MARION ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, THEREFORE, 70 MARION ASSOCIATES declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until January 1st, 1998 after which time they shall be automatically extended for successive periods of ten years each unless an instrument signed by the then owners of a majority of all oP the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. 1. Construction Requirements (a) Type._of._Buil,dng No building shall be erected, altered, placed or permitted to remain other than detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and having a private garage for not less than two (2) cars. (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in cordunction with a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in corlfunction with such individual lot. ~ ! (c) Sw„mmng_Pool Private swimming pools may be constructed on any lot provided they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer than thirty (30) feet to the rear or side lot lines. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) Dwelling Square Footage Requirements No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1600 square feet. If the living area is on more than one floor, the total living area shall not be less than 1800 square feet with a minimum first floor of 1000 square feet. (e) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet, (f) Approval,,,.,of,_Qonstruction_Plan@ All plans for the construction of any building andJor structure and the siting and Pacing upon the plot must be presented to and approved in writing by 70 MARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the Judgment of 70 MARION ASSOCIATES as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of EAST MARION 1VOODS community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. (g) Building .Modification All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not 2 project more than five (b) feet beyond the front wall of the dwelling or structure as originally approved. 2. Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of 70 IdARION ASSOCIATES their successors or assigns. 6. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. In no event shall more than two (2) such household pets De kept, bred or maintained on any such lot. 6. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed 3 ! • receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences which enclose a tennis court which shall not exceed twelve (12) feet in height. 11. Tree Planting Each lot owner will plant trees on front of cleared lots with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. 12. Common Drive and Open Space Facilities (a) O.pen,. Space._,._Area Subdivider has set aside, as indicated on the subdivision map, an open space area for the use of the owners of lots and their guests and Invitees. (b) Upkeep .of__Common Drives Owners of lots, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 16, 17, 18, 19, 22, 23, 24 and 2b that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. (c) Upkeep of.,_Open Space Area Each lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the open space area. All decisions as to the upkeep and maintenance oY the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (d) Payment of._Contributions by Lot Owners While the subdivider holds title to the open space area, he will pay the taxes and expenses mentioned in Paragraph (c) above, and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the 4 subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such present lot owner. In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. (e) Property Owners Association (1) If at any time after one-third (1/3) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title to the open space area to the property owners' association, and if two-thirds (2/3) of the then lot owners (exclusive of the lot owned by the subdivider) vote to take title to said facility, the conveyance shall be made. However, the subdivider may withdraw his offer to convey the facilities at any time prior to the receipt of written notice of the offer's acceptance. (11) If a conveyance is made to a property owners' association pursuant to (i), then: (A) All costs and expenses associated with the open space area shall thereafter be borne entirely by the property owner's association. (B) The owners of all lots purchased from the subdivider shall be members of the property owners' association. (C) Each member of the property owners' association shall be liable, on a per lot basis, for a share oP the costs and expenses of the property owners' association. (D) Each member agrees to comply with the regulations for the use of the open space facilities enacted by the property owners' association. A two-thirds (2/3) vote shall be required for the enactment of each such regulation. (E) Upon a two thirds (2/3) vote by the members oP the property owners' association, the title to the open space area shall be dedicated to the Town of Southold. (iii) For the purposes of (i), (ii)(D) and (ii)(E), each lot owner shall have one vote for each lot owned, whether improved or unimproved. (f) Utilty.,.._Easement An easement along the road oP said map or any other area necessary is hereby specifically reserved for the installation 5 and maintenance of wire and conduits and of all proper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any, provided, however, that said easements shall be under areas designated by municipal or public utilities authorities. 13. Invalidation oP any one of these covenants by Judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 14. Enforcement shall be by proceedings at law or in equity brought by 70 MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. lb. Failure by 70 MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all oP the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the plots shown on the map of EAST MARION WOODS and are not extended to any other property now or to be owned by 70 MARION ASSOCIATES. 70 MARION ASSOCIATES By: Erwin P. Steller Declarant STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of 1988, before me personally came ERWIN P. STALLER, to me known and known to me to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. Notary Public 6 ' r~,,,,;. j~ ; DECLARATION OF COVENANTS AND RESTRICTIONS a;,_ais~et 70 MARION ASSOCIATES - - This declaration made this day of 1988 by W I T N E S S E T H; WHEREAS, 70 MARION ASSOCIATES, a partnership with its principal office located at 14bb Veterans Highway, Hauppauge, New York, hereinafter referred to as the "Declarant", is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, EAST MARION WOODS, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the office of the Clerk of Suffolk County as Map Number 704b on the 19th day of January 1982 and bearing Tax Map No. 1000-025.00-04.00-011.003. WHEREAS, said 70 MARION ASSOCIATES, is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and WHEREAS, said 70 MARION ASSOCIATES is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, THEREFORE, 70 MARION ASSOCIATES declares that the aforesaid land is held and shall be conveyed subject to Lhe following covenants and restrictions which shall run with the land until January 1st, 1998 after which Lime they shall be automatically extended for successive periods of ten years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. 1. Construction Requirements (a) Type_,of__Building No building shall be erected, altered, placed or permitted to remain other than detached single family dwellings not to exceed two and one-half (2-1/2) stories in height and having a private garage for not less than two (2) cars. (b) Accessory_.__Butldings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in conjunction with such individual lot. (c) Swmmn_g__Pool Private swimming pools may be constructed on any lot provided they are situated in the rear yard only and provided further that no portion of any such pool or Its appurtenances shall be closer than thirty (30) feet to the rear or side lot lines. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) Dwelling .S.quare Footage Re.guirementg No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet. If the living area is on more than one floor, the total living area shall not be less than 1800 square feet with a minimum first floor of 1000 square feet. (e) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (f) Approval oP_.Construction Plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by 70 MARION ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the Judgment of 70 MARION ASSOCIATES as to whether the proposed structure will be consistent with, and will not detract Prom the aesthetic character of EAST MARION WOODS community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. (g) Bu„lding Modification All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not 2 project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. 2. Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3. Residential Use of Lots No lot shall be used except for residential purposes. 4. Signs No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of 70 MARION ASSOCIATES their successors or assigns. 6. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. In no event shall more than two (2) such household pets be kept, bred or maintained on any such lot. 6. Trailers, Tents and Shacks No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess oP twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 7. Annoying Activities No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed 3 receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, except fences which enclose a tennis court which shall not exceed twelve (12) feet in height. 11. Tree Planting Each lot owner will plant trees on front of cleared lots with 2" minimum caliber. The trees shall be planted twenty (20) feet apart. 12. Common Drive and Open Space Facilities (a) O.pen__Space__Area Subdivider has set aside, as indicated on the subdivision map, an open space area for the use of the owners of lots and their guests and invitees. (b) Upkeep of Common ..Drives Owners of lots, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 16, 17, 18, 19, 22, 23, 24 and 26 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the common drives and the upkeep and snow removal thereof. (c) Upkeep of..,_Open Space Area Each lot owner shall be responsible for one-twenty-sixth (1/26th) of the real estate taxes attributable to the open space area. All decisions as to the upkeep and maintenance of the open space area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (d) Payment, of __Contributions by_Lot Owners While the subdivider holds title to the open space area, he will pay the taxes and expenses mentioned in Paragraph (c) above. and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the 4 r~--- _ . subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such present lot owner. In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. (e) Property Owners ..Association (i) If at any time after one-third (1/3) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title to the open space area to the property owners' association, and if two-thirds (2/3) of the then lot owners (exclusive of the lot owned by the subdivider) vote to take title to said facility, the conveyance shall be made. However, the subdivider may withdraw his offer to convey the facilities at any time prior to the receipt of written notice of the offer's acceptance. I (11) If a conveyance is made to a property owners' association pursuant to (i), then: (A) All costs and expenses associated with the open i space area shall thereafter De Dorne entirely by the property owner's association. (B) The owners oP all lots purchased from the subdivider shall be members of the property owners' association. (C) Each member of the property owners' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners' association. (D) Each member agrees to comply with the regulations for the use of the open space facilities enacted by the property owners' association. A two-thirds (2/3) vote shall be required for the enactment of each such regulation. (E) Upon a two thirds (2/3) vote by the members of the property owners' association, the title to the open space area shall be dedicated to the Town of Southold. (iii) For the purposes of (i), (ii)(D) and (ii)(E), each lot owner shall have one vote for each lot owned, whether improved or unimproved. (f) Utility„ Easement An easement along the road of said map or any other area necessary is hereby specifically reserved for the installation 6 and maintenance oP wire and conduits and of all proper and nece::sary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any, provided, however, that said easements shall be under areas designated by municipal or public utilities authorities. 13. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 14. Enforcement shall be by proceedings at law or in equity brought by 70 MARION ASSOCIATES, their successors and assigns, or by the owner of any lot against any person or persons violating or attempting .:o violate any covenant or restriction, either to restrain violation or to recover damages or both. lb. F"allure by 70 MARION ASSOCIATES, their successors and assigns, or of any owner to enforce all of the provlsions herein shall in no evdnt be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the plots shown on the map of EAST MARION WOODS and are not extended to any other property now or to be owned by 70 MARION ASSOCIATES. 70 MARION ASSOCIATES ay: Erwin P. Staller Declarant STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this day of 1988, before me personally came ERWIN P. STALLER, to me known and known to me to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. Notary Public 6 L J`eeed ~4/(eirzo ~d~B ~~'eo~ Proposed subdivision of East Marion Woods - SCTM 1000-30-1-5.1 Pursuant to your request, I have enclosed three copies of the Covenants and Restrictions in the above-referenced matter. RECEIVED BY SOOjr~G~,p_ i01'~~~FL~~~(tf ~NfO ,JUIV 1 tf I ~-~p LATE - - -a p Southold Town Planning Board J. Kevin McLaughlin Main Road ATTORNEY AT LAW Tp Southold, New York 11971 828 FRONT STREET, P. O. BOX 803 GAEENPORT, NY 11944 Attn: Valerie Scopaz, Town Planner - (516) 477-1016 i, i' • , I i i I COl./JTY OF SUFFOLK RECEIVED BY SGUTHCLD iU~~~ ; ~;II,Ci17 BO~flU _ MAY 2 3 1988 t~~ rn~e PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING May 19, 1988 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Proposed Map - East Marion Woods w/s Rocky Point Road 708.44 n/o Main Road, East Marion, New York Please be advised that pursuant to Section A 14-24, Article XIV of the Suffolk County Administrative Code that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning by C../G~~ . Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-NJ-83-15.2 CGL:mb Enclosed: Map VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11788 (3181380-3192 ~ ^ /`/2~~ UJCr~/_r IRVING I.. PRICE, c1R. ~ O ATTORNEY AT LAW ~ ~pp B¢H FRONT STREET ~ I ( I~ GREENPORT, L. I., N. Y. 11644 (ae) an-wie SOUTHOLD TOWN PLASANIfVG BO~TR;? April 20, 1988 Ms. Valerie Scopaz Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: East Marion Woods Subdivision Dear Ms. Scopaz: This will confirm that you have arranged an appointment with me for 3:00 p.m., May 5, 1988 at the Town Hall, Southold, New York. The purpose is to ascertain the final requirements for the approval of this subdivision. I have notified several interested persons as listed below and believe a majority of them will be present. Ver truly yours, Irving L. Price, Jr. ILP/lmt cc: Staller Associates, Inc. Howard E. Pachman, Esq. Roderick Van Tuyl ~,r _ ' `~rFJ~Yr`~ P ~~1I ~ TO ~~Q 'S ~Q~.D S L ,O~ Y ,1 ~yb Southold, N.Y. 11971 (516) 765.1938 May 17, 1988 Irving Price, Esq. 828 Main Road Greenport, NY 11944 RE: Proposed subdivision of East Marion Woods SCTM #1000-30-1-5.1 Dear Mr. Price: This is to follow up your meeting here on May 12th. Upon receipt of the road profile and the grading and drainage plans, the plans will be sent to Robert Brown of Sidney B. Bowne's office for review. If they meet with his satisfaction, the performance estimate will be determined. A final hearing date will be scheduled by the Planning Board once the estimate is deemed acceptable. One of the requirements of a cluster subdivision is that the ownership and maintenance of the open space be governed by a homes association that conforms to Section 100-136 E of the Zoning Code. (TO date, there has been no response to the enclosed correspondence from April and October of 1987). Since this document must be first reviewed by the Town Attorney then subsequently approved by the Town Board prior to final approval by the Planning Board, it is strongly recommended that three copies of same be submitted to this office as soon as possible. If you have any questions, please do not hesitate to contact this office. Sincerely, Y l,~i~~ _ Town Planner LL cc: Bennett Orlowski,Jr. Frank Yakaboski, Esq. 7t • ~~cc~,~FFDCI~ • T ~ ~ D Si,~~ ~ 9~ ~ ~ Y. Southold, N.Y. 11971 (516) 765-1938 May 17, 1988 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New Xork 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (l~t~i8~ Scdl~`~sSitBt~) East Marion Woods Hamlet Fact Mar; p., Tax Parcel Identifier No. 1000 30 1 5.1 Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies} Major Subdivision (3 Copies) g Preliminary Map (1 copy) Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) Planning Board Res. (1 copy) x ; Other material (specify and give number of copies) ORA De rmina ion (1 Waiver of Subdivision Requirements - See attached sheet F F Comments: Drainage grading plan and Road profile will be seat under separate cover. However, since this does not appear to be within SCPC's jurisdiction, please commence your review and determine whether you will require drainage and grading plan~ery truly yours, Bennett Orlowski, Jr., C irman t gUFFOL~I~'i P U~ D ti ~ T ~ c,~, LD ~ ~ r S F : Y Southold, N.Y. 11971 (516) 765-1938 December 9, 1986 Mr. Irving L. Price, esq. 828 Front Street Greenport, NY 11944 Re: Hodor/Staller East Marion Woods Dear Mr. Price: Please let confirm the following action was taken by the Southold Town Planning Board, Monday, December 8, 1986. RESOLVED that the Southold Town Planning Board, following a public hearing, approve the preliminary map for the major subdivision to be known as East Marion Woods for 26 lots on 59.8 acres at Rocky Point Road, East Marion, survey dated as amended November 20,1986; subject to: 1. Withdrawal and discontinuance, without cost, of the Article 78 proceeding currently pending against the Planning Board entitled Hodor/Staller versus of the Planning Board of the Town of Southold, Index # 84-13627. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAI N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Frank Yakaboski, esq. • ~o~yDVrt FILE Town Ylanne qp: er}e gcoPaz. /4 ? / pg,OM: Val ~/~~d RE; ~A~~~~i ff ~ wZ~ `li GL A,A/r„ e d~ ~8// ^ l~ 1, ~(.%~Y~4sC~~~~ v~~ - t~~~ i 9~~ ~ ~ ~ ~ ~ ~ J ~ ~ , ~ • ~ • MEMORANDUM Continued _ SIDNEY B. BOWNE S SON Sitlney B. Bowne, P.E., LS. ~ ~ Rolantl Antlers (1922-1959) `~`-`W°~ p c~ ~ ('?ry~ Frank Capobienco cheaterc Kelaey, P.E., Ls. 45 Manor Road APR J ~~`J!" RogerL Cocchi Alexandre W. Mercil, P.E. Francis J. Lynch Robert A. Stanton, P.E. .SRlltfitOWn, N.Y. 11787 Philip Schlotzhauer Robert W. Brown, LS. S~ s 724'061 ~ Joseph F. Stegman Zabtliel A. Blackman, P.E., L.S. ~ ~ Paul F. Stevens William T. Styne George A. Style, P.E. Bicnara e. weber Jerry D. Almon[. P.E. George L. Fagan, Jr., Ph.D., P.E. Thomas R. Pynchon, L.S. April 26, 1988 Valerie Scopaz, Town Planner Town of Southold Planning Board 53095 Main Road Southold, N.Y, 11971 Re: Bond Estimate for East Marion Woods, East Marion, Town of Southold, N.Y., S.C.T,M. District 1000, Section 030, Block 02, Lots 1-26 Dear Valerie, As per your request, we have prepared the Bond Estimate for East Marion Woods. An itemized breakdown is on the following page. Very truly yours, S EY B BOWNE & SON ONSULTI G ENGI S W ROBERT W. BROWN, L.S. RWB:dmd Encl. MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal ODPOrtuniry Employer M/FM April 26, 1988 BOND ESTIMATE FOR EAST MARION WOODS LOCATED IN EAST MARION, TOWN OF SOUTHOLD S.C.T.M. DISTRICT 1000, SECTION 030, BLOCK U2, LOTS (1-26) ITEM N0. QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 64 of 8' Dia. leaching pools 8' Deep, 8 ea. 250.00 16,000.00 2 10 cy Agy. Base Course 40.00 400.00 3 86 sy Fine Grade 1.50 129.00 4 20 tons Asphalt Pavement 100.00 2,000.00 5 224 if Saw Cutting 3.00 672.00 6 54 sy Topsoil & Seed 5.00 270.00 7 4 ea. Concrete Monuments 80.00 320.00 TOTAL $19,791.00 5% Inspection Fee 989.55 TUTAL $20,780.55 S~ ~Jl~, IS I9S3`~ VPX{~~cJn ~Z U~1~0?~ CI~ S'}CQ(~ '(PPS, SBB No. 87159 D/96 IRVING L. PRICE, JR. APR 1988 ATTORNEY AT LAW 8EB FRONT STREET GREENPORT, L. I., N. Y. 11844 (me) an-iota April 22, 1988 Ms. Valerie Scopaz Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: East Marion Woods Subdivision Dear Ms. Scopaz: This will confirm that you have rescheduled an appoint- ment with me from May 5, 1988 at 3:00 p.m. to May 12, 1988 at 3:00 p.m. V y truly yours, . ~ "~f Irvin L. Price, Jr. ILP/lmt cc: Staller Associates, Inc. Howard E. Pachman, Esq. Roderick Van Tuyl M • c,~FFO(,f P~~ NI ~ D - Ti 0~~ ~ D ~y v' S[;lE?4 ~Y .;~,1 ~ ~ Southold, N.Y. 11971 (516) 765-1938 March 17, 1988 Robert W. Brown Sidney Bowne and Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: This is in regard to a report issued form your office on August 31, 1987, (SBB #8715, East Marion Woods, Rocky Point Road, East Marion). The Planning Board accepted the recommendations set forth in the letter. However, the wording of the letter is of concern to the applicant because of the fact that this map already has preliminary approval. The intent of the Planning Board was to give your office sufficient information to draw up a performance bond estimate for the drainage improvements. However, this may not have been communicated clearly at the time the map was transferred to your office. In order to expedite the drafting of the performance bond estimate for road or right of way improvements and drainage, I am enclosing copies of all correspondence from Jack Davis and Ray Jacobs pertaining to drainage improvements, and the accompanying maps. If more technical information or detailed mapping is needed, please contact this office immediately, so that we may so notify the applicant. Sincerely, "~'./Q~, V le c~az Town Planner cc: Irving Price,Jr. Bennett Orlowski;Jr. ' Jt 1 ~ RODERICK VAN TUYL IL.S.1 COLIN VAN TUYL RODERICK VAN TUYL, P. C. Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (5161 477-01 70 Re: East Marion Woods All stormwater runoff resulting from the development and improvement of any lot sha12 be retained on-site by adequate drainage structures so that stormwater does not flow out ~snto Rocky Point road, ~FFO(k~, - P TO~~':' •S D SL, Y ~~1 a~ ~b - Southold, N.Y. 11971 (516) 765-1938 February 26, 1988 Mr. Irving Price, Esq. Attorney at Law 828 Main Road Greenport, NY 11944 RE: East Marion Woods SCTM # 1000-30-1-5.1 Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, February 22, 1988. RESOLVED that the Southold Town Planning Board ~ccept and request compliance with engineer's report. CIIp'P f rhP ah~ ~ey__are.~ncl.ose_d for your. conv~..niease. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. `CHAIRMAN ~ SOUTHOLD TOWN PLANNING BOARD C/ Enc. Jt Planning Board . • 2/22/88 ~L back to residential. This would provide for them the need that they have at the present time to operate in the zone that they wish to operate in, would not restrict their business activities. In looking at our Master Plan and the long range use of that particular site, we would like to see a change of zone come back in at that time for us to review rather than have to deal with a business zone and fait accompli. So with that as a motion I so move. Mr. Latham: Seconded. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board recommend to the Town Board for the change of zone for the Griswold-Terry-Glover Post No. 803 from "A" Residential and Agricultural District to "B" Light Business District on certain property located on the west side of Main (Route 25) Road, south side Tuckers Lane, Southold, subject to the following condition: If the current use of the property as an American Legion Post ceases to exist the parcel would revert back to a residential zone. Vote of the Board;Orlowski, Latham, Ward. C Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have East Marion Woods-Board to discuss grading and drainage plans. There is nobody here representing East Marion Woods, but our engineers have some recommendations on the drainage. They wanted to dispute some of these recommendations. I believe some of the drainage that we would like installed on Rocky Point, Road Sidney Bowne and Mr. Jacobs have both agreed that they would like to see it there. The applicant feels that they have done enough and feels that they don't have to do any more. Mr. Ward: Mr. Chairman I move that we request compliance with the engineer's recommendation and so notify the developer. The plain? case, here, is that this is an existing road. He is developing no road. The least he can do is that he could provide some adequate drainage on a existing road. Mr. Orlowski: O.K. I dm not sure what the applicant is talking about. I will just read you this letter here. This is a response of your letter of October 16th, enclosing a letter of Sidney Bowne dated August 31,1987, relative to drainage on above subdivision. I enclosed copies of my complete file on this question. It appears to me that this has be~~ requested, provided and approved. , It doesn't appear to be as of yet. Planning Board ~ 15 ~ 2/22188 C I just wanted to remind, you should recall that this subdivision is a matter that is in process of litigation and we request final approval in accordance with the said approvals. I do believe what were asking in drainage is not that much. Mr. Latham: Dick made it, I'll second it. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board accept and request compliance with the engineers report. Vote o£ the Board; Ayes: Orlowski,Latham,Ward. Mr. Orlowski: Opposed? So ordered. x*************x*xzce**x*** Mr. Orl ski: There is nothing left on your agendas know, but we have a ew here. Winds Way, do you have a few c ents on that Valeri ~ Ms. Scopaz: Yes, I inspected the property with ay Dean. Victor Lessard had also ought to my attention, as 11 as Ray Dean that there was some oncern about the draina culvert that had C been constructed on t 's property. At the t' e of final approval, the Planning and had requeste that the drainage culvert be built to handl all the storm ater runoff from the field to the west. There is farm fiel on higher ground to the west. A good deal of the Ovate runs of the farm into a wooded drainage swale to directly to t e we of this property and continues across the property to h tidal wetlands to the east. The culvert is constructed in acco dance with the plan that is shown there. However, the opening i the retaining wall, where the water is to drain into the c lve pipe, is maybe between a foot to two foot off the groun and th a is some concern as to whether what will happen if t ere will b ponding behind that wall. I recommended to Ray D an subject t approval by this Board, that he keep a clos eye on it as th road is being constructed. I think that is difinately an ngineering problem. Its a technical problem that has orig' ated in the field that, I think, R Dean, as a representati e, as the Town engineer, should be a e to authorize the develop to do whatever is necessar to make whatever changes ma be necessary in the field depen ng on what he finds as a result what he finds in keeping n eye on the drainage. Mr. Orlowski: .K. Is that alright with the Board, we will nd Sidney Bowne ut to check it out? Mr. Ward: ere may in fact be~some advantage to having that - pond, as long as its a small ponding area, to keep debris and everything out of that pipe. Ms. Scopaz: There might be, one of the concerns is the way the wall, the edge of the retaining wall, meets the slope of the SMITH, FINKELSTEIN, LUNDBERO, ISLER AND YAKABOSK~E~;-° pnD 456 GR IOFF NG AVENUE, CORNER OFOLIRNCOLN STREET ~h~C~C ~ ~ cJ _ P. O. BOX 389 `L HOWARD M. FIN%ELSTEIN PIERRE G. LUNDBERG RIVERHHAD, N. Y. 11901 FRANCIS J. YA%AHOS EI FRANE A. ISLEH (516) 727-4100 REGINALD C. SMITH SUSAN POST ROGERS 1926 1903 February 3, 1988 Bennett Orlowski, Chairman Planning Board Town of Southold 53095 Main Road Southold, New York 11971 Re: Hodor and Staller AKR Ea~..~G(l~.n.~.: x~ f1dn~G.:- Dear Mr. Orlowski, We have been advised within the last day or so by Mr. Pachman, the attorney for Messrs. Hodor and Staller that final water approval has been received from the Suffolk County Department of Health with respect to this subdivision map. As I understand it, all other necessary steps have been taken by the applicants to secure final map approval, and barring some different word from yourself, I intend to assure Mr. Pachman that once he delivers Suffolk County Health Department approval for water and septic, you will sign the final map. Please advise if this is not so. Very t my yours, FRA S J AKAB SKI FJY;dkw CORY OF SUFFOLK I` ~ - Michael A. LoGrande SUFFOLK COUNTY E%ECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D., M.P.H. COMMISSIONER November 19, 1987 Mr. Cary F. Staller, Vice President 70 Marion Associates 1455 Veterans Highway Hauppauge, New York 11788 Re: Proposed Subdivision of East Marion Woods, (T) Southold (SCTM 1000-31-1-5.1) ,Dear Mr. Staller: Your request to appear before the Hoard of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for December 9, 1987, at 3:00 p.m., in the Suffolk County Department of Health Services Conference Room, County Center, Room N-204, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Very truly yours, Robert A. Villa, P.E. Chairman Board of Review p lti7I~11C(R~~~p:;'E:'VF.D l;;3YppnhbnI~lry5 RAV: cah S~~IINW ~U9lir Yihi~liiQtl~l7i UUliiil! cc: Mr. James L. Corbin _ !@l.R~~ ~ ~~~JI Mr. Paul J. Ponturo, P.E. Ulx%E Mr. Walter G. Lindley Ms. Susan Windesheim Town of Southold Planning Board (516) 548-3312 Ext. 12 COUNTY CE NTER RIVERHGF p. N.Y, 11901 • ! 1,'~f:.i~VE~ d`( IRVING L. PRICE, eJR. ATTORNEY AT LAW B98 FRONT STREET ~ GREENPORT, L. L, N. Y. 11844 DATE (eie) an-wee October 30, 1987 Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods Gentlemen: This is in response to your letter of October 16, 1987, enclosing a letter from Bowne dated August 31, 1987, relative to drainage on above subdivision. I enclose copies of my complete file on this question. It appears to me that this has been requested, provided and approved. You should recall that this subdivision is a matter that is in process of litigation and we request final approval in accordance with the said approvals. Ve y truly yours, / " Irvi g L. Price, Jr. ILP/lg r Enclosure cc: Mr. Cary Staller Roderick Van Tuyl, P.C. Howard Pachman, Esq. - ~ , , SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES WASTEWATER MANAGEMENT SECTION COUNTY CENTER RIVERHEAD, NEW YORK 11901 REALTY SUBDIYISION AND DEVELOPMENT ENVIRONMENTAL ASSESSMENT QUESTIONNAIRE (Please type or print the following information) NAME OF SUBDIVISION OR DEVELOPMENT PROPERTY TAX MAP NUMBER East Marion Woode 1000-31-R-5.1 PROPERTY LOCATION (VILLAGE AND/OR TOWN) East Ma`r'ion OWNER'S NAME (INDIVIDUAL, CORPORATION OR PARTNERSHIP OWNING PROPERTY) Steller. Associates MAILING ADDRESS TELEPHONE NUMBER 1455 Veterans Highway Hauppauge,NY 11788 234-7711 Please answer all of the following questions by marking the appropriate box. YES NO 1. Are any of the following permits required? a. Wild Scenic and Recreation Rivers Permit -NYSDEC a b. Long Island Well/Water Supply Permit -NYSDEC x c. Protection of Waters Permit -NYSDEC x d. Tidal Wetlands Permit -NYSDEC a e. Fresh Water Wetlands Permit -NYSDEC x f. SEORA Determination - SCDHS/Town % 2. Will project result in a large physical change to the project site, physically alter more than 10 acres g of land or alter any unique or unusual land form? 3. Will project alter or have any effect on an existing body of water? x 4. Will project have a potentially large impact on groundwater quality? x 5. Will project signifigantly affect drainage flow on adjacent sites? x X 6. Will project affect any threatened or endangered plant or animal species? x 7. Will project result in a major adverse effect on air quality? a 8. Will projecthaveamajoreffectonvisualcharacterofthecommunity,scenicviewsorvistasknown g to 6e important to the community? 9. Will project adversely impact any site or structure of historic, pre-historic, or paleontological g importance or any site designated as a critical environmental area by a local agency? 10. Wilt project have a major effect on existing or future recreational opportunities? 11. Will project result In major traffic problems or cause a major effect to existing transportation y systems 7 12. Will project regularly cause objectionable odors, noise, glare, vibration or electrical disturbance g as a result of the project's operation? 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent population x of more than 5 percent over acne-year period? 15. Is there public controversy concerning the project? X OWNER'S SIGNATUflE DATE I :WM-024 (6185) u~v:nies - ~ ~zf:c'u, ~~s18-r T"r. e.,~ , lir, \ gUrFO(~C P ~N D ~ , d ~`r aA~. :G T 50 ~1~~LD S~~E.C)~~. ~ ~ TY Southold, N.Y. 11971 (516) 765-1938 November 10, 1986 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The major subdivision of Hodor - Stoller to be known as "East Marion Woods" is a cluster for 26 lots on 59.8 acres at East Marion. Tar. map no. 1000-31-1-5. 1. K The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated x that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence from the Suffolk County Department of Health Services in the alotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received in the X alotted time from the NYS Department of Environmental Conservati it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Tocan of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. J ~i'. - , _ RODERICK VAN TUYL, P. C. 218 FFpNT STREET 'f GREENFpRr. IVEW Y.')4. K 11.104 i. a 1 o-srrol ~o 1 1 .P.. . TO Staller Associates, inc. onrE ~ 1455 Veterans 7i~awa;; suppauge, iiI 1 172F3 SUBJECT ~ - Att: Jeff r'erber f Dear Jeff: I;nC103ed ?i_^9tC1? T, :vO Gf:(: i?i;3 UL ~i:- .ii;__ :OtL)G r••?>..,_CIL rF r ~ letter on which Z have ;a~ri:ed tae only ite..~ .i r e ~-,iue:_t _ to our connection to s.ile ~•roject . In r,a1.•_iti ...th 'io,!•: ii;--(a _i: - led~nesday, he isdvi::a.. is ,rte : _ _ .x• indicatitlf; th@ loc:i*,io.:.> o~ ..i_;_r..L„( .c,-.. (within the oowids of tat: ilt&i L: ~%~J, _~:3 - vt. 1'v, corner or so ~:nci c~)asistitiE~ of i.cto rin,; _ .l 1 ' r80~t Of $i1Cf'_ (i ul7i.:i U<;~U1'e rC `.-11".1,. (ili!` -il..~. i:'..I~. ~ -i.-. ' Li:1S 31:V:LLL 1C o lIa dil'i ,d' .:E + 'J1 .O ~ be filed, which ass s::en,.i,uled i., ao.. 1.1 r ....~t.. „ .:1. ~ r s Department. - ~ cc: I, L, Price, i~:;ll. i y~ p'' O'.. ~ .1: _ ~ - ' ~1 .FOLD AT TO FIT DRAWING BOARD ENVELOPE . EW lOP ' ro.m ~ MLSNn o Nm.Nr (u«w Im /sex J i -i y,r. r~, .Jr a. y 4 z. Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L. JACOBS Te1.765-3140 Superinlendenl •734-5211 March 13, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods Preliminary cluster 26 lot subdivision, Map dated 9/25/86 Dear Mr. Orlowski: M.~~!' Q~N~NdG~ ~~The above preliminary map did not show any drainage install- / ations to contain runoff from the lots which is required. I g/ ' J~,' would recommend the installation of leaching basins, 8 ft. diam. J by 8 ft. with traffic type .reinforced covers and inlet type /~,y,T castings at the following locations which can be in the Rocky Point Road R.O.W. Locations along R.O.W: Opposite northerly property line of Lot No. 1 Midway on frontage at Lot 2. / Opposite southerly property-line at Lot No. 8 (tyi~~"7..9~ -~>At common property line between Lots No. 9 6 No. 10 At southerly property line at Lot No. 14 At common property line between Lots No. 15 & No. 16 At southerly property line at Lot No. 20 At common property line between Lots No. 21 & No. 22 AC southerly property line at Lot No. 26 ' Respec lly, Raymo~ L. Jacobs Super tendent of Highways cc: ~ Highway Committee L. M. Tuthill, P.E. John W. Davis file - - P ~5~EF0(k~~ D ~3 anS;?~ :.c T ,Q ,n~AIX' # LD .r ~ ~ S Y Southold, N.Y. 11971 (516) 765-1938 April 2, 1987 Mr. Irving L. Price Attorney at Law 828 Front Street Greenport, NY 11944 Re: East Marion Woods Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, March 30, 1987. RESOLVED that the Southold Town Planning Board accept and request compliance with the March 13, 1987 corresondence X from Highway Superintendent, Raymond L. Jacobs, with regard to drainage within the above mentioned subdivision. A copy of this correspondence was previously referred to Mr. Ferber at his request. Enclosed is a copy of this correspondence for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JRf, CHI AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. tip: y .r I ED g + ~~rAC; t'';' l.' ''v Y r~r_g r, coaRo Highway Department ~,,,F~- Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L. JACOBS Tel. 765.3140 Superinlendenl 734.5211 • ' May 5, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods - Hodor/Staller Sketch plan by Van Tuyl dated amended April 9, 1987 ' Dear Mr. Orlowski: A review of the above plan indicates the following: There is an existing leaching basin on the common property X line between lots 9 and 10 recently placed by the Town Highway Department. The other eight locations for leaching ~ basins as shown are approved. M 41l 9 The insert drawing for a leaching basin is not shown ~M~p qjr 6 correctly in part. The top slabs should be 6" reinforced 7~Z7 f8,r ''concrete with an opening for inleC type traffic castings. C.I. frame and grate to be type 684-D, code no. 63330, „~,y,r Flockhart Foundry or equal. Resvec fully, . Raymon~ Jacobs _ SuperintendenC of Highways cc: Highway Committee M. Tuthill, P.E. - . . . _ - - 5~FF0L,~~, P ~ , , 7P~, D ~ S Y Southold, N.Y. 11971 (516) 765-1938 July 14, 1987 Mr. Irving L. Price, Esq. Attorney at Law 828 Main Road Greenport, NY 11944 Re: East Marion Woods Hodor/Staller Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, July 6, 1987. RESOLVED that the Southold Town Planning Board accept and request compliance with the May 5, 1987 correspondence received from Highway Superintendent Raymond L. Jacobs with regard to the sketch plan dated as amended April 9, 1987 f..r `.he major subdivision of Hodor/Staller to be known as "East Marion Woods". Enclosed is a copy of that correspondence for your review. - If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. 7 - PLA~TNI GAB A-RD e w IO~CrI~i O`SOU HOLD SL'F.F'b~ 9. i~°iVTY ^:`1 *>:.i~... Lam" Southold, N.Y. 11971 (516) 765-1938 October 16, 1987 Irving L. Price Attorney at Law 828 Front Street Greenport, NY 11944 Re: East Marion Woods Hodor/Staller SCTM# 1000-31-1-5.1 Dear Mr. Price: Enclosed is a copy of a report from our engineering consultant on the above mentioned subdivision proposal. The Board has reviewed this report and requests compliance with same. At this time, the Board is not requesting any additional covenants for the proposal. Therefore, if you would forward a draft declaration for the Homeowners Association and maintenance of.the open space to our office, we can have the Town Attorney review it. If there are any questions, please feel free to contact our office. Ver^y^'t^r.u,~ly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc: SIDNE~Yp B. BOWNE ~ SON Sidney B. Bowne, P.E., L.S. T.~~,.•-~A'--.. ~ir~iierr~rd. RECEIVED BY R°'a^° "^°e,a (19221959) `~••W i~- ~~1^D Frank Caponianco Chester c Kelsey. P.E., Ls. 45 Manor Road SaUTIIOID 1G~+N PLANNING Ni( Roger L. Cpccni Alex antlre W. Mercil, P.E Francis J. Lynch Robert A. Stanton, P.E. .SITilt~itOW(lr N.Y. 11787 ~(-~~7('~y Pn nip ScMOtznauer Robert W. Brown, L.S. ~ I`v Josepn F. Stegman Zabtliel A. Blackman, P.E., L.S. (51 6~ 7Z4"O61 1 ~ (IA iE Paul F. Stevens William T. Sly ne RlcD era B. Weber George A. Style, P.E. Jerry D. Almont, P.E. George L Fagan, Jr., Ph.D., P.E. Thomas R. Pyncnon, L.S. August 31, 1967 Mr. Bennet Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: "East Marion Woods", Town of Southold, N.Y. (SBB #87159) Gentlemen: ~ We have reviewed the proposed drainage as shown on the sketch plan for the above referenced major subdivision. With the minimal information _ that has been provided, it is difficult to accurately assess and review the plan. A preliminary plan should be submitted following the requirements of Section AlU6-42, Major Subdivision preliminary layout of the Town Code. At this stage, the design engineer can place and size leachiny pool systems to be installed on Rocky Point Road according to the contributiny watershed area. Pending the submission of these plans, our review for this subdivision will continue. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING~,E~NjGINEERS !J N W. KOHN JWK:cIg xc: Ray Dean Ray Jacobs Victor Lessard MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H SIDNEY B. BO~oWNE 8~ SON Sitlney B. Bowne, P.E., L.S. Oi i,~,p~Jry RECEIVED BY Rolantl Antlers (t 922-1959) Frank Capobianco Chester G Keisey, P.E., L.S. S~UTHOLD 1GWN PLANNING BOARU Roger L Cocchi Alezantlre W. Mercil, P.E. 4rJ Manor ROad Francis J. Lynch ~ ahiiip Schiotzhauer Robert A. Stanton, P.E. .SRIIihtOWn, N.Y. 11787 ~ ~g$ Robert W. Brown, L.S. Joseph F. Steg man Zabtliel A. Blackman, P.E., L.S. ~5~ 6~ ~za-osi ~ ~ nnrE Pa°I F. sevens wauam T. Sryne George A. Style, P.E. Richard B. Weher Jerry D. Alm ant, P.E. George L Fagan, Jr., Ph.D., P.E. Thomas R. Pynchon, L.S. August 31, 1987 Mr. Bennet Orlowski, Jr„ Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: "East Marion Woods", Town of Southold, N.Y. (SBB #87159) Gentlemen: We have reviewed the proposed drainage as shown on the sketch plan for the above referenced major subdivision. With the minimal information that has been provided, it is difficult to accurately assess and review the plan. A preliminary plan should be submitted followiny the requirements of Section A106-42, Major Subdivision preliminary layout of the Town Code. At this stage, the design engineer can place and size leaching pool systems to be installed on Rocky Point Road according to the contributiny watershed area. Pending the submission of these plans, our review for this subdivision will continue. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS N W KOHN JWK:cIg xc: Ray Dean Ray Jacobs Victor Lessard MINEOLA • SMITMTOWN • NEW YORK CITY • CLEARWATER An Equel ODDOrtuniry Employer M/F/R cu~F~i(~-~- RL N . t , ~ D ~ k 'C ~4 LD S~~~ ~ ~ JTY _@ ' Southold, N.Y. 11971 (516) 765.1938 July 14, 1987 Mr. Irving L. Price, Esq. Attorney at Law 828 Main >3oad Greenport, NY 11944 Re: East Marion Woods Hodor/Staller Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, July 6, 1987. RESOLVED that the Southold Town Planning Board accept and request compliance with the May 5, 1987 correspondence received from Highway Superintendent Raymond L. Jacobs with regard to the sketch plan dated as amended April 9, 1987 f..r the major subdivision of Hodor/Staller to be known as "East Marion Woods". Enclosed is a copy of that correspondence for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. r IRVING 1.. PAIGE, eTR. Y ATTORNEY AT LAW h r:"f V`' 4 828 FRONT STREET { _ y '~yi7 U~~~r~ OREfiNPORT, L. L, N. Y. 11844 ~ (6lB) 4]]-1018 DATe , June 24, 1987 Southold Town Planning Board Town Hall Southold, New York 11971 Re: East Marion Woods Subdivision East Marion, New York Gentlemen: I have requested that you inform me of any covenants and restrictions you may require for this subdivision. To date, I have not received any official notification as to whether or not any will be required and if so, the contents. I would appreciate a reply so this matter may be promptly addressed. Thanking you for your courtesy, I remain, Ve y truly yours ~j~' Irvin L. Price, Jr. ILP/lg cc: Francis J. Yakaboski, Esq. 456 Griffing Avenue, P.O.BOx 389 Riverhead, NY 11901 Howard Pachman, Esq. t\~ ~0~`," _ Yr=n gY - ~~r,,~ p~~Rll Highway Department - `~_r`~-_ Town of Southold ' Peconic Lane Peconic, N.Y. 11958 RAYMOND L. JACOBS TeI.765-3140 Superintendent 734-5211 May 5, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods - Hodor/Staller Sketch plan by Van Tuyl dated amended April 9, 1987 Dear Mr. Orlowski: A review of the above plan indicates the following: There is an existing leaching basin on the common property line between lots 9 and 10 recently placed by the Town Highway Department. The other eight locations for leaching basins as shown are approved. The insert drawing for a leaching basin is not shown correctly in part. The top slabs should be 6" reinforced concrete with an opening for inlet type traffic castings. C.I. frame and grate to be type 684-D, code no. 63330, Flockhart Foundry or equal. RP_SDeC fll11V, Raymo L. Jacobs Superintendent of Highways cc: Highway Committee L. M. Tuthill, P.E. ~ ' 5~FF0(/~ p ' " D f.. ~ T LD wl ~ F s ~ Y Southold, N.Y. 11971 (516) 765-1938 April 24, 1987 Mr. Raymond L. Jacobs Highway Superintendent Peconic Lane Peconic,NY11958 Re: East Marion Woods Hodor/Staller Dear Mr. Jacobs: Enclosed is survey for the above mentioned proposal which has been revised as per your request to indicate drainage. Would you please review this and advise us if it is satisfactory for the drainage locations, etc. If you have any questions, please don't hesitate to contact our office. Very truly yours, NNETT ORLOWSKI, JR., C AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Paa~a.~iv ~ ;~~tD TQ~ ~ 5~.,: BALD SLTF,E_(,~fjf~~ Y Southold, N.Y. 11971 (516) 765-1938 April 17, 1987 Mr. Irving L. Price Attorney at Law 828 Front Street Greenport, NY 11944 RE: Covenants and Restrictions for Homeowners Associations Dear Mr. Price: As per your request, enclosed is a copy of covenants and restrictions for a homeowners association which can be used as .a guideline for preparing the covenants for East Marion Woods. Upon receipt of further information with regard to any additional covenants which the Board. may request I will contact you. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ~ UTHOLD TOWN P~,ANNING` BOARD y~Di~a e M.~ISlchu~lt~e ~ Sec e~tary enc. 5pFF0(/~C P ~ D LD ~ y` ~ ~ S I' Southold, N.Y. 11971 (516) 765-1938 April 2, 1987 Mr. Irving L. Price Attorney at Law 828 Front Street Greenport, NY 11944 Re: East Marion Woods Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, March 30, 1987. RESOLVED that the Southold Town Planning Board accept and request compliance with the March 13, 1987 corresondence ' from Highway Superintendent, Raymond L. Jacobs, with regard to drainage within the above mentioned subdivision. A copy of this correspondence-was previously referred to Mr. Ferber at his request. Enclosed is a copy of this correspondence for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR~, CHI AIRMI~N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. 5Uf FQ(/~C P ~ D ~ ~ T ~ L D v~ e~ ~ S a ~ Y Southold, N.Y. 11971 (516) 765-1938 March 18, 1987 Mr. Jeffrey Ferber 1455 Veterans Memorial Highway Hauppauge, NY 11788 Re: East Marion Woods Dear Mr. Ferber: In accordance with your request, enclosed is a copy of the correspondence from Mr. Raymond L. Jacobs, Highway Superintendent, with regard to the above subdivision. Please note, this correspondence is not approved until accepted by the Planning Board. This matter is scheduled for the March 30 meeting of the Board. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD y Diane M. Schultze, Secretary enc. ~ ?vi~iK 198T Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L. JACOBS Tel. 765-3140 Superintendent 734-5211 March ]3, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: East Marion Woods Preliminary cluster 26 lot subdivision, Map dated 9/25/86 Dear Mr. Orlowski: The above preliminary map did not show any drainage install- ations to contain runoff from the lots which is required. I would recommend the installation of leaching basins, S ft. diam. by 8 ft. with traffic type reinforced covers and inlet type castings at the following locations which can be in the Rocky Point Road R.O.W. Locations along R.O.W: Opposite northerly property line of Lot No. 1 Midway on frontage at Lot 2. Opposite southerly property .line at Lot No. 8 At common property line between Lots No. 9 & No. ]0 At southerly property line at Lot No. 14 At common property line between Lots No. 15 & No. 16 At southerly property line at Lot No. 20 At common property line between Lots No. 21 & No. 22 At southerly property line at Lot No. 26 Respec lly, Raymon L. Jacobs Super' tendent of Highways cc: Highway Committee L. M. Tuthill, P.E. John W. Davis file P ~g~FFO(,{~~~ D T LD v~ ® S Y Southold, N.Y. 11971 (516) 765-1938 March 3, 1987 Mr. Irving L. Price Attorney at Law 828 Front Street Greenport, NY 11944 Re: Hodor/Staller East Marion Woods Dear Mr. Price: The above subdivision proposal has been reviewed by the Highway Department and the Suffolk County Soil and Water Conservation Service. It was the consensus that a drainage plan be submitted for the project as part of the final submission. Upon receipt of a drainage plan this will be reviewed for approval by the Highway Superintendent and the Planning Board. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~n, ~lA ~ ~ W IN~`~ BENNETT ORLOWSKI, JR., HAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: John W. Davis, Inspector ~UFFO(k~, P ~r U~ D T LD v~ , ® ~ S Y Southold, N.Y. 11971 (516) 765-1938 December 9, 1986 Mr. Zrving L. Price, esq. 828 Front Street Greenport, NY 11944 Re: Hodor/Staller East Marion Woods Dear Mr. Price: Please let confirm the following action was taken by the Southold Town Planning Board, Monday, December 8, 1986. RESOLVED that the Southold Town Planning Board, following a public hearing, approve the preliminary map for the major subdivision to be known as East Marion Woods for 26 lots on 59.8 acres at Rocky Point Road, East Marion, survey dated as amended November 20,1986; subject to: 1. Withdrawal and discontinuance, without cost, of the Article 78 proceeding currently pending against the Planning Board entitled Hodor/Staller versus of the Planning Board of the Town of Southold, Index # 84-13627. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~r~.~t~ ~1Llo~u,o~.~.d,x,,. BENNETT ORLOWSKI, JR., CHAI AN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Frank Yakaboski, esq. i r COUNTY OF SUFFOLK a~~ pEC 1 1986 PETER F. COHALAN SUFFOLK COUNTY E%ECUTIVE SOIL AND WATER CONSERVATION DISTRICT STarv LEr A. PAU2ER DISTRICT MANAGER Novetrber 28, 1986 Mr. 8ettnett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr. Orlowski: I am forwarding to you our review of the Preliminary Subdivision flan, "cast Marion Woods" -September 25, 1986, which you requested. This report is prepared by the USDA, Soil Conservation Service and I am sure you will find it very useful in arriving at your decision. If you need any fiu'ther information, please contact me. Very truly yours, Stanley A~avzer District Manager encls. ~~tia~~ 1 7 EAST MAIN STREET RIVERHEAD, NEW rORK 11901 15161>2>-2313 United States Soil Depettment of Conservation 127 Fast 2?a;n Street Agriculture Service Riverhead, *lew Yor'-: 11901. "'ovenber ?8, 1986 Mr. Stanley A. Panzer, District Manager Suffolk Crnmty Soil and 4later Conservation District 127 Fast Fain Street, Room 105 Riverhead, New York 11901 Re: Preliminary Subdivision Plan, "cast Marion bloods" -September 25, 19$6 Town of Southold, New York Dear Stan: I have reviewed the preliminary subdivision proposal of "Vast P2arion !ti'oods" at your request. The following coaments are sw'xnitted based upon a site investiga- tion of November 20, 1986, and a review of the cluster subdivision plan. Soil Data and InterEretations: I refer you to the attached soils map and descriptions. The majority of the soils on these premises aze considered prime farmland soils. 'they are well suited for crop production, as the present use indicates, and pose little to no potential erosion hazard. My soil sample concta•s with. test hole data shown an the plan map. ',7ith the exception of Plymouth loamy sand (P1A) on lots 15-19, all the soils offer good landscaping possibilities. Plymouth soils are typica_ly droughty and low in fertility, with little to no topsoil layer. In general, these soils offer slight to no limitations for the proposed use. Site Specific Recoamendations: The USDA pramtes the preservation of. prime farmland, wherever possible and feasible. This parcel is a good example of the classic competition between farm- land use and development. 'R7e soils are well suited °or both crop production and housing. I applaud the Toc~m and the developer for proposing a clustered subdivi- sion, thereby retaining 31 acres in open space. ??owever, tl~e confi~~tsaticm of the undeveloped block would be relatively tmusable for agriculttse. Z challenge the Town to expand on this concept and consider the following, if it is compatible with their objectives of the Town or the Property !k•.mers Association: 1. The "epenoski Fazmstand is located is!a~diately south of the parcel. It trap be in t'..:e best interest of the farm com!nmit;~ to retain the southern bal.` of this parcel in agricultural production. Please refer to the attached sketches. One is an overlay, shoc~~ing the approximate locations of the well and hydrants used for irrigation. Clustering development on the northern end of this pazcel would leave a large far•nable block contiguous c.~th fazm- land immediately to the west and retain use of the ;resent irrigation system. 2. The '2," shaped strip o_` woods <m the northern end of this parcel contains a thick stand of t^ountain ?aiirels. Cleaning up the refuse that has been dta:g~ed along the edge and leaving this area intact can provide a park-like setting between t_wv blocks of homes. Thi-s naturally landscaped area may aesthetically increase the value of the hogs azound it. Please refer to the second sketch showing an alternate development arrangement. O :~s. Stanley A. Pauzer, District PTanager, Suffolk County "roil ane' eater (2) (conservation District - Re: Preliminary Subdivision Plan, "Past ^"arion 'Moods", September 25, 1986, Tam of Southold, New I'orl; - P?ovember 2R, 1986 Drainage and L'rosion Control: An erosion and sediment control plan should he developed for this parcel to control soil erosion dazing construction. The Town mir,~t consider rec~iiring this plan be- fore final approval is given. I could revieca such a plan for the Town if requested. Strip and stockpile topsoil from all areas to be disturbed prior to construction or use to create temporary earthen berms £or sediment retention. Staked hay bale barriers are suitable for protecting disturbed areas less than one acre in size, see attached drawings. All disturbed azeas which will not be reshaped for a period of 30 days should be seeded to aimual ryegrass at a rate of 1/2 pound per 1000 square feet, and mulched Lmiformly caith hay or straw at 3 bales per 1000 squaze feet. All permanent seedings should be mulched as soon as construction is complete. The developer could c~sider sequencing construction so that one block is completed and permanently vegetated before the next cut is made. The e~dsting storm drain inlet and any proposed catch basin inlets should be protect- ed with staked hay bales or gravel filters as shown in the attached typical drawings. P,ased on the topography, stormwater has a tendency to pond on the south side of the "L" shaped woods near the proposed. lots 9, 10, and 11. Also, runoff may concentrate along the east end of lots 7 and 8. The final grading plan should include provisions to drain water away from the homes on these lots. ,Je invite the developer or the Town to contact us for further assistance, as detailed grading and drainage plans are developed £or this site. Respectfully submitted, Laura A. Zaime~s c~~ Soil Conservationist USDA, Soil Conservation Service encs z _l` r ~ . ~flp~~y~ . SLR )#il~u.^"~t)~~~~ L~j ~ ~ i ~ ~ . c ~ ~ ~ ~r e t.F _ J ^'r,x n' .fi , , ~j., -fie ^,~„y~ s .,.r ~ I t ~ 'y{1 rvi I M b ~ ~ ~k RR ; Y 1 i~t t~~j, i ~ ,i .a.. _ ~ 4'1~~ . , _ . b. ~ ~ ~ w _ r 1 ~ r} ~ ~ A f I ~ ~ • ! h k M _ • _ ~ ~ ~ n.,~,,~r, ~ ~ ~ ~ r.. i ~J ` r 4 ~ N,...fPr 3wi 1 ~ y~' .T ~ ~,]~y~ i ~ `S~! Y if' d ~ 1 ,fie ~ V~+~ ~ ~•r! i a..wh b5 Q . " ; ~,~,....f.rd ~ ,,y i ~ mod. 444 -f ~,r r .~#1~ y t i~? e ~ ~ ilr ~V z M ~.4 ~ ' lh P '~9 ~ I • SUFFOLK COUNTY, I .455 000 FEET I SCS•CONS•15 U.S. DEPARTMENT OF AGRICULTURE ~ OCTOBER 1974 SOIL. CONSERVATION SERVICE SOIL MAP Afin nFSC~rz~Tm (1) gw~--1 I ~A ~7" ~f RION l~0[~' ~c~~ O ~er~ ato Lid I County- ~~U~~(K-- State ~ ~~'~R~L Soil survey sheet(s) or code nos.- Approximate scale (~1" 1~~~ ~ " Prepared by U.S. Department of Abriculture, Soil Conservation Service cooperating with Sc~L~ GvUNP/ S~I~--~" t,~~°'T~~- Conservation District. N a ~ Ha8 Y V ~ Q _ d~ 1 a m RdC } ~ '•,Rd6 7 E 9, HB B v PIB Ha6 i t ~ °'a ~ m 8 0~„...........v" Y ~ < , W HaA i :',MkB Rd6 Rh6 Stirling HaA' f~ /l _I • r ~ ~ - _ I ~ - (Joins sheet 5J ~ ,t ~ r_r . $ d ~ ~ ~ 300D AND4000-FOOT GRID TICKS ~ '~r ? ~'7~-F i ~ YvE.Y 2_ F Y N .N O - > h ~ ~ ~ .t«,,~,~• RdA a W ~ ~ G ~ si. z c m ~,.1 i..a..w. ~a J' 'aC . E • ~ PtH '•k •PlC ~ ~ _v ~ _ ~.r, F?I~ 4. . ,A r~` Truman ~ ~ ?r: CpA • PIA Gp ~ ~V Beach SdA~ p ~ 8 Pt6 P1G r., M V ~ He J E g .MfC HaA PIA'' ;y ~ DQrit PIA n ~ a ~ MfB ka \ m' ,p i d,..::^~ f o>7d LL- £ `o_ t ~ o ~.i ~a < ~ 9 RdA ~ ~ Gp PIA f e~ vii ~ ° : PtB: ° a PIA = A ` ~ ~ ~ m i o PIA a 4 ` ~ ~ Rd6 A t as Tm n r? G • y~~ V ~ ° f.. ~ ~ ~U /t ~ l l ~ ~ ~ M1 ~ ° IB` ~ PIA _'lm 'S~' E o 4 IBC . o ~ r 7~ ~°.r:, ~ ~T . ~ m - E ~ dA ~ ~ ' . , a Rn6 ~ a a.~ , cps ~ Fd G A R D ~ . l~ I ~ ' ~ ~ ~ Ha8 a ~ ALA ~ i' M• / ~ RdB, 3 y°'@ irr~a~ ab~ aB ~t P n PIC ~ Rd8' Cub • SOIL ""A° DFS('FII'fI0!?S - "^as~"arion 1?oods" - "•cran e` ^outhol~"'Y HAVEN SOILS (HaA, HaB, HaC, H¢). Haven soils are deep, well-drained, medium-textured soils that formed in a loamy or silty layer over stratified coarse sand and gravel. The texture from 0 - 19 inches is loam, silt loam, and very fine sandy loam. From 19 - 28 inches the range is silt loam, very fine sandy loam, and gravelly loam, while the texture from 28 - 55 inches is gravelly sand, Loamy sand, sandy Loam or stratified sand and gravel. The permeability is moderate in the root zone (surface layer and subsoil) and rapid or very rapid in the underlying layer. These soils have moderate to high available moisture capacities (see attached table). Haven soils have low organic matter content and low natural supply of plant nutrients, but crops respond well to Lime and fertilizer. When the soils are intensively cultivated the likelihood of crusting is great, however the returning of cover crop residue decreases this problem. Generally, these soils are well suited to crops con¢nonly grown in Suffolk County. HaA Haven loam 0 - 2 percent slopes. These soils axe usually large in area and nearly level with some areas of slight undulation. The erosion hazard of these soils is slight but erosion problems are likely to occur in undulating areas. Irrigation • water should be applied at a moderate rate. Management concerns in- elude crusting after rain, maintaining tilth, and reduction of the plow pan. SOIL 2'Ai' ?)~SCRIP^.`I0~?S - ^tarion '.'oocis" - '"owr, of `.'outt•1, (3) Plymouth Soils (PlA, P1B, PLC, PmB3, PsA, PsB) Plymouth soils consist of deep, excessively drained, coarse-textured soils that formed in a layer of loamy sand or sand over thick layers of stratified coarse sand and gravel. The texture of Plymouth soils P1A, P1B, PLC, PmB3 and PmC3 from 0 - 27 inches is loamy sand, loamy fine sand, gravelly loamy sand and sand. From 27 - 58 inches the texture is sand and gravel, coarse sand and gravelly coarse sand. The permeability of these soils is rapid. Available moisture capacity of these soils ranges from low to very Low (see attached table). These soils are droughty during periods of low rainfall. Unless irrigation water is applied, deep-rooted crops are better suited. Irrigation water can be applied at a rapid rate but frequent, small appli- cations should be made to reduce the amount lost to downward movement. The organic matter content and natural fertility of these soils is low. Crop response to lime and fertilizer is fair. Maintenance of fertility is diff`_cult because of the sandy texture. Frequent applications of small amounts of ferti- lizer should be made to reduce nutrient Loss by Leaching. The sandy surface layer reduces the suitability of these soils for nursery stock. Because of the above limitations, these soils are only fairly well-suited to crops commonly grown in Suffolk County. P1A Plymouth loamy sand, 0 - 3 percent slopes. This soil is nearly level but it is somewhat undulating in places. The erosion hazard of this Plymouth soil is slight, although runoff from adjacent frozen areas causes severe gullies in places. A cover crop in winter is needed to protect the surface layer from erosion by wind and water. SOII. PAP DESCRIPTIONS - "r• P°arian i?oocis" - Torun of South• , "Y (4) Riverhead Soils (RdA, RdB, RdC). Riverhead soils are deep, well drained, moderately coarse-textured soils that formed in a layer of sandy loam or fine sandy loam over thick layers of coarse sand and gravel. The texture from 0 - 32 inches is sandy loam and fine sandy loam. Sand, Loamy sand, gravelly sand and gravelly loamy sand is found at depths of 32 - 65 inches. The permeability is moderately rapid in the root zone (surface layer and subsoil) and very rapid in the underlaying layer. Riverhead soils have moderate to high available moisture capacities (see attached table). Natural internal drainage is good, but in many places where these soils have been farmed a plowpan has formed. These soils have low organic matter contents and low natural supply of plant nutrients, but crops respond well to lime and fertilizer. Generally, these soils are well suited to crops co~nonly grown in Suffolk County. RdA Riverhead sandy loam, 0 to 3 percent slopes. Areas of these soils are usually large and uniform and nearly level with some areas of undulating slopes. The erosion hazard is slight. Moderate droughtiness somewhat Limits plant growth unless irrigation water is ap- plied. Returning crop residue to the soil and growing winter cover crops help to protect the surface Layer from wind and water damage. The addition of this organic matter also improves the available moisture holding capa- city of the surface layer. RdB Riverhead sandy loam, 3 - 8 percent slopes. Most small deposits of this soil have moderately short slopes, but large areas are undulating. Cultivated areas are 2 - 3 inches shallower to coarse sand and gravel than the representative Riverhead soil because of past erosion. The erosion hazard is slight to moderate. Keeping cover crops on the soil in winter and returning crop residue will help to pro- tect exposed areas from dzosion. Diverting runoff water from higher areas also helps to reduce erosion damage. Irrigation water can be applied at a moderate rate. - ~ TRAM ~,AL S~~pii~1E~T BA~~RS S 0 dra~lns during, ~~~oo©d°® 0 . construction ...~~~5' ooo°°®Q~ 4 ~ 4 J' id 1 G ~ ~ [[mm~~ . ~ ° i ~ ~ ~ 1 111 ~ ~ ~ ~ ~ ~ ~ ~r ' b" Vertical face. Q. ~ steel pickei's o'r stakes p ' }n ~{o~nd i embedd~d - ? ~~P,r ¢irsfi sfiake an !ed toward ~ , previously tad bate ~ c~ -e ~ ~1'~~ ~~r, ,IC, . ~ f~/' C~-L15~tec~ g{o~rlc sir ~.s v . ~YJUI`/u.~K~fCKj T.C1~ - .n~,. • I~~ i • N Gh ~ - A R O - f~-"-1 r-T-i . I I--'-' ` `~---'I I i ~ ~ ! , t r~ i _ . ~ _ _ _ I - - t1 ~ ~ j ~ ii i fi ~ Jai i2° Conect~TF ~ ~t--~ ~ - 1 ~ ,y~. BLOC K c.• `tin lo:f • i°LAN 9'. L'~ I /z PLylvoon ~ - - 4 caTr>i BAST ~ ~_-D . • SECT/oN A-'A ~I . '1 , . . » - 1-~ 2h-'`~;. ' ~ - - i ~ - ~ - ~ Gravei Filter -Wire Plash - ~ Runoff Water ~ 12 ~ Fi 1 tared Water • ~ II _ ~ ~Li _ n a' v ~ O d __=III - 1 A 11 111!1_% I~il'~~~_ ,__-12 O ~ Ao 1~~~= ; _ Sediment-~ 1ill= ~ ~I Concrete Gutter ~ Curb Inlet S ep cific Application This method of inlet protection is applicable at curb inlets where ponding in front of the structure is not likely .to cause inconvenience or damage to adjacent structures and unprotected area=. GRAVEL CURB ItJLET SEDIMENT FILTER Source: Va SWCC Plate 1.p;,q ~C"R~~ ~ ~~rthen ~ . ~~D,~''~t'' ~ ~ ~ , ~ t. 1 ~ ~ ~ ~ ~ ..may-- / ~ ~ ` ~ ~ ~ Na ~ "`YYIC~ t,se,r _ - . ~ _ - J `a\ f A V ~,,,~~u ~1L .~S~r~• ..r'y'. _______ mMv+ CONSERVATION SE~VI~ ~m~ ,.~ fi:~ on ~is ~h~to~Bph were 127 E. MAIN ST. RO~ 101 ,,o,0,0, ~o, t,~ RIVERH~D~ N.Y~ 11901 ~ .r~¢rvationi;~nning afld sh~la not ~e as legal ~uodaries ~ ~ of ~ - - _ 5~1~~01.,'fC P ~ N D < T - ~ LD .Y C s ~q g Y Southold, N.Y. 11971 (516) 765-1938 November 10, 1986 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The major subdivision of Hodor - Staller to be known as "East Marion Woods" is a cluster for 26 lots on 59.8 acres at East Marion. Tar. map no. 1000-31-1-5.1. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been rio correspondence from the Suffolk County Department of Health Services in the alotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received in the alotted time from the NYS Department of Environmental Conservation it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Tocon of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. ,r r Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Flack, DEC Commissioner NYS DEC Supervisor Francis Murphy Irving L. Price, esq. 5~FF0(,Yc P ' D ..c T LD w ~ ~ 5 ~ Y Southold, N.Y. 11971 (516) 765-1938 November 5, 1986 Stanley Pauzer Manager- Suffolk County Water and Soil Conservation 127 East Main Street Riverhead, NY 11901 RE: Major subdivisions: Daniel Marcucci, "Harvest Farms", "Home Farm Estates" and "East Marion Woods" Dear Mr. Pauzer: As per your discussion with me of this date, enclosed are major subdivision surveys which we request that you review with regard to drainage. The major subdivisions of Daniel Marcucci and "Home Farms Estates" are in the preliminary stages,ther~ore, we are able to include with the referral the surveyors drainage plans. However, "Harvest Farms" and "East Marion Woods" have not reached the preliminary stage. We would greatly appreciate your review and comments or recommendations with regard to the drainage on the site as well as any other affect of the proposals which your office may have jurisdiction over. Thank you for your assistance in this matter. If you have any questions, please don't hesitate to contact our office. ery tru~ you,, ~ c~~ ENNETT ORLOWSKI,' CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. IRVING L. PRIGS, JR. 1~t~ 1 9 ATTORNEY AT LAW 8EB FRONT STREET P . O . BOX E GREENPORT, L. I., N. Y. 11844 (618) 4]]-IOl6 October 9, 1986 Southold Town Planning Board Town of Southold Southold, NY 11971 Re: Staller Associates/East Marion Woods Gentlemen: In accordance with my conversation with your secretary, I enclose herewith amended application for the total acreage omitted by the applicant in accordance with the proposed settle- ment of the action entitled "Hodor etc. v. Town of Southold." I also enclose herewith check for $150.00, the additional fee. I also understand that the Planning Board is requesting coordination for SEQUA with the Town as lead agency. This is required by the County Board of Health. Ve y truly yours, . Irvi g L. Price, r.• ILP/lg Enclosure j i li l~ ~ a 1 I ~~f lf, o ~i i i >'y ~ II I 'i ,~l E' t w ~ i ~t sew i . u I u if I,41 ~ xt.,i~~.~~ ii - ~l,i unu i~; 3 V ~ ~ ~ I t 1 e ~ ' l Y,._,,'. i. (ia ~i i~ J ~ fi i II ' ~d ' ~ \ s. i fy vc? Ov.Y ...co. 4p F't 1 h ,Yb ~ r~ W I I I II~µJ ~f ,Y?R ~ iq ~.~T,. Ili • kkkY J i Y. W y ~i'rrt. S' 1 ~ I~ ~ t. ~ Ji i ~~u77 u' 3 n y "i~ i Y ~ ii q V ~l c { ~ 19 ~ a m~A ~ ~ tl ~ ~ ~ ~ i, III t~? tl ~ F( ~ M ~~t H 9~ ~ i n. ~ ~ u 1 J l ~ ~ ~ t o ~ i W~ F i $ ~~1 ~..r. ~.a~ ~''T'~-..r1a"+. rr4.~..r.~..;+'~VC•'-+n.rwur+' •'~p~yK.'" .Mgdf, ~ n.. l al d ~ l , __a ~ . use I ' i. ~j yk i li. ~ ~ I.. i 4 ~ i ~ ~ ~1 b a 4 it t a i Y d ~ j y~. ' J L~ Y I; ~ ~V l ~ I < 1 t 1 t y ~ S~ ~y ~Y ~ ~ Y Y ~ ~ , ~ O' ~ 1 ~ w~rT T r ~ ~ ~ ul I Y I ~l 1 " o N ~ ~ A i., ~ ,..:Y i & Y ~ k, k~ y wb i t t.~p 11 ~i ~ i l,t'ti ~ yi } . ,yi4 ~l 1 ~~kW ~~ny ~I rl~ur 3~ 2 i pp II 3K~ i r xx~:>,w„ ; , i I l r r ~ ~ J l I ,j ~ n~' r ~ - _ i n ~ F .~i ~ fed ~ t ~ ~ C r ~ i ,,i . 8 ' V ~ s ~ ~ ~ i l~ -l rY n j. ~ ~ I Y { ~ ~Ifi~~~: I ; 1~ ~ 7r ,s f u 1. it ~ ~ d ~ a l fl ~ _ l a'"1 ~ ~ ~ I ,,iw.-.....,..,_. = u - I I L ~ xM ..w I~ ' ~ ! ,. ] I/ L ,J L J -q O~ 305' 3/ $05' ' ' 'Tov~,/N O~ 5:OLll:HOLD , I ,I N.I¢ 05 50 W. ~,- :I:~It.I;KIDA'TI O N DATA .FACLI.;. SUFFOLK,8OUNTY D Hauppau8e, This is }o certify ~( the p HEALTH SERVICES date. Tl~ese facilities must comerm construction standards in effect at the time of cans ruc m ~ approval shall he valid only i. ~he ewnt said subdivision opment plan is duly filed with the County Cldrk within 6 months this date.} Consent is'here~ ai~ far the f nE of this mom which thi~'endor~me.t appears in the Office of the County Cle'rk accordance ~ith~isicos,of the P~blic Health ~aw and the SufN Coun~ Sanf~ry C~ __ ,h IE, 165.0 ji!UBDI>,I3! ON L. AC"Y WOOD':..; LAC'/ Ai 'I'~P3b~V h .,' I1~, 5,3 :~68.o ~ 168,0 IG7,71 k~ i9 05 50 w, 9396.6.1 12_EAL Pf2OPE;F~TY TA× GElkV'ICE TAX MAP IDENTIFICATION ASSI6NED pv REAL PROPERTY TAX SERVICE A6ENCK .PATE: JAN 2 7, lg88 q 304.28 42,~9 t ~ N '~ Q5 50 q W CD 1~5,O 2 CF. Bo4,1 i r'4.1 ~ 05 50 304.0 2 60~.13 O 165 ( ~- 140. O 508.,34 f'4J3 2% 50 ',,,/ t'4.t3 05 50 16771 5.6 C3,o,4a) 45,464 S,Fi 5,8 o ,, 3396. ~'F[,4L f.: I T"FP t{9\ L_ LA"¥2) i, J !' 900 GAL,$EPT~C TAIXII( L2 ~L_OCI¢-. 19 VEt~TICAL T"FPICAL Wf~LL TI41; V./AY~ i Lit'! LY A'qN -t:",%"A WITH THE C-'F~NI~AfPPC' AMD ~EQUHSE'f~IF;N THE- FILE NO. 1"5~'~' 14 3' ~ 3- I ¢. Z. SUFFOLK CO. PLANNIN6 OEP1 SUB, D REVIEW SECTION ~y Iq,19'~8 BY:% D. ~. This proposed plat is not~ith~n the jurisdiction of the Su,ff°lk CoUnty c: U B O l VI $ t OI% rpE L_., h4 !SIX ! LACY qO'v,/M OF ,>OUIFIOL30 OWl',lee~ ¢DEV ELOPE L; TOWN OF SOUTHOLD ~..v ~ /~INOR SUBDIV. ISION ~ '? ~PROVA L DAYE Ai'PL:GVbL; _ 19. ' C, OUTFb.~t iX) T~. w'l'4 PLANNIi',I6 b3OAF2~ ,~EAL PI2OpLF~'F'Y' -lAY cEIzVIC£. A~ENC¥' WE klELL~: BY CF[2'FI t:: Y Ti-IAI- 1'40 LOT ON TNt5 MAP It LEDS) THP, N 40/-_X~. F~J AIaE_A..._A~P .ZfzLA~F ]!EP_~AP MAPE BY US FF20H ACFUAL.$~I~,VEY~_ ~'0MPLE"TEPMAI.~.Z, 1987 ,AND THAT CONCE~'E MONUMENTS HAVE LICEN.SE¢~ LANP GIgE~NP012-T - NEW' ~-HEAL b