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HomeMy WebLinkAboutHomestead Acres .- ........0-...... "~~ To: Raymond L. Jacobs, Superintendent Southold Town Highway Department Report No. 587 From: John W. Davis Date: April 22, 1987 Re: Long Pond Estates Homestead Acres Paradise-by-the-Bay Connnents: 4/22/87 Long Pond Estates - No work today 4/22/87 Homestead Acres Placing recycled concrete base on area fine graded yesterday. Material from Lizza. Placed 15 loads @ 40! tons = say 600 tons. Material to be compacted tomorrow with a vibratory roller. Crew and equipment (South Fork Asphalt) 3 man crew, payloader, grader and small roller. Found discrepancy in curb elevations - side to side on curve that turns into Inlet Pond Road. Contractor will check difference in curb heights. . 4/22/87 Paradise-by-the-Bay Continue rough grading - 3 man crew with dozer. Discussion with owner's superintendent on clearing limits. Stake out shows a few trees have been left within the 60 ft. R.O.W. which will be in conflict with the sand swales. Will have meeting with R. Mohring and his superintendent to resolve this matter. Provided the above trees are not entirely within the 12 ft. width of the swale, I would reconnnend leaving them In place. dyg~~J.,,~ cc: Southold Town Planning Board .--c' j.----Hlghway Connnittee L. M. Tuthill, P.E. ~"'~:!I'J[il) ,',PR 30 1987 """thold T OWII Clerk . . " JUDITH 1. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 1 0, 1986 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: The Southold Town Board, at a regular meeting held on April 8, 1986, adopted a resolution approving the Covenants and Restrictions of "Homestead Acres at Greenport, Inc." and directs the same to be recorded in the Suffolk County Clerk's Office. A certified copy of this resolution is attached hereto. Once the applicant has recorded the Covenants and Restrictions, please ask him to submit a copy of the recorded document to my office for filing. Thank you. Very truly yours, ~~7;- Judith T. Terry Southold Town Clerk Attachment . . . JUDITH T. TERRY TOWN CLFRI\. REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 8, 1986: WHEREAS, the Southold Town Planning Board has heretofore approved the develop~ ment of "Homestead Acres at Greenport" as a cluster development pursuant to the provisions of Chapter 100, Section 100-136 E. of the Code of the Town of Southold, and WHEREAS, said provisions of the Southold Town Code require that a cluster develop- ment be organized as a homes association or any other arrangements approved by the Town Attorney and the Town Board, and WHEREAS, Homestead Acres at Greenport, Inc. has submitted to the Town Attorney a copy of Covenant and Restrictions, and WHEREAS, the Town Attorney has received said Covenants and Restrictions with this Board, NOW, THEREFORE, BE IT RESOLVED that this Board does hereby approve the afore- said Covenants and Restrictions of Homestead Acres at Greenport, Inc. and directs that the same be recorded with the Suffolk County Clerk. Said Covenants and Restrictions and the metes and bounds description are as follows, to wit: (attached hereto and made a part of this resolution.) 1/.._' -/ ~~ ~C-a:t----2 ~-"" -. Judith T. Terry ~ Southold Town Clerk April 10, 1986 .. . T . Southold. N. Y. 11971 (516) 765-1938 IL..... APR 1 '986 April 1, 1986 ,.... GMft ,. It. . Mrs. Judith Terry Town Clerk Town Hall Southold, NY 11971 Re: Covenants and Restrictions Cluster subdivision of "Homestead Acres" Dear Mrs. Terry: In accordance with SlOO-136 E of the Southold Town Code, the Planning Board is referring the proposed covenants and restrictions for Homestead Acres to the Town Board for their review and approval. These have been reviewed by the Town Attorney and contain all the provisions of SlOO-136 E - I, except for the property description, which is to be submitted. Enclosed is a copy of the covenants and restrictions. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~WS~~i~~ SOUTH OLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. "- .~ . . ROBERT W" TASKER Town Attorney .':~, , "'" OFFICE 'OF T,OWNJAnORNEY TOWN OF SOUTHOLD APR 1 1986 ~.. TELEPHONE (516) 477-1400 1 425 MAIN STREET. P"O. BOX 697 GREENPORT. Ll., NEW YORK 11944 March 31, 1986 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Street Southold, N ew York 11971 Re: Homestead Acres at Greenport, Inc. Dear Mr. Orlowski: I have just received the original proposed Declaration of Covenants and Restrictions for Homestead Acres at Greenport, Inc. from Mark D. Mermel, attorney for the developer. I have reviewed the Declaration and find the same in order except that Paragraph 1 of the Declaration states that a description of the premises is annexed as Exhibit A. No such exhibit is annexed. However, in order to same time, I am sending you herewith the original declaration which has been executed by Homestead Acres at Greenport, Inc. with the understanding that the developer will provide you with a description of the premises which should be annexed as Exhibit A. I am also enclosing herewith a copy of the letter of Mark D. Mermel for your information. Yours very truly, d0k~~ ROBERT W. TASKER RWT :aa enc. cc: Mark D. Mermel, Esq. ~ U-I-<:--7. MARK D. MERMEL MICHAEL S. FINZ PETER D. CLOSE NAOMI SMOOK i?:l":l2.IA I ( ,~- e eAPR 1 1986 MARK D. MERMEL COUNSELOR AT LAW 111.JOHN STREET NEW YORK. NEW YORK I003H /2121 7a~.~900 March 25, 1986 Robert W. Tasker, Esq. Town Attorney Town of Southold 425 Main Street Greenport, New York 11944 Re: Homestead Acres at GreenDort, Inc. Dear Hr. Tasker: Enclosed is the proposed Declaration of Covenants and Restrictions for Homestead Acres at Greenport, which I revised in accordance with Your notations on the Drior Declaration. Please review it as quickly as you can so that it may be submitted for approval to the Town Board prior to its next meeting. Thank you for your courtesy. MDM/sv encl. , ~ . . ~R.3 1985 ROBERT W. TASKER Town Attorney . 7~' OFFICE OF TOWN ATTORNEY l' - TOWN OF SOUTHOLD t;';'J>/ TELEPHONE (516) 477-1400 425 MAIN STREET. P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 March 3, 1986 Ms. Diane M. Schultze Southold Town Plannin8 Board Town Hall Main Road Southold, New York 11971 Re: Homestead Acres at Greenport Dear Ms. Schultze: Enclosed herewith is a photostatic copy of the proposed Declaration of Covenants and Restrictions with respect to Homestead Acres at Greenport upon which I have made notations for amendments thereto. Please note that pursuant to the provisions of Section 100-136E that the approval of the Town Board and the Town Attorney must be obtained for the entity having control over the empty space. Therefore, when the developer has finally submitted a Declaration in its final form, it should be submitted to the Town Board for its approval. Yours very truly, ROBERT W. TASKER RWT :aa enc. . . APR 1 7986 DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: That HOMESTEAD ACRES AT GREENPORT, INC., a domestic corporation with an office at 1159 West Main Street. Ri verhead, New York, being the record owner of all the real property hereinafter described and the subject of this declaration, does hereby declare for itself, its successors and assigns, in consideration of the premises, and hereby make known, publish and declare, covenant and agree that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated. 1. Real Property Affected All that certain plot, piece or parcel of land, situate, lying and being. in the Town of Southold, near the Village of Greenport, County of Suffolk, State of New York, known as subdivision of Homestead Acres on Map entitled "Subdivision Map of Homestead Acres" to be filed in the Office of the Clerk of the County of Suffolk. (Detailed description is attached hereto as Exhibit "A") 2. Residential Use (a) No structure shall be erected, altered, placed or permitted on any of the hereinabove described premises other than a single family, detached dwelling not to exceed two stories in height with one private garage for not more than three (3) automobiles. (b) No trade, or business, shall be conducted on the subject premises except the practice of medicine, dentistry, law, engineering or public accounting by members of the resident family and in the main dwelling only. 3. Size of Dwellinq (a) The minimum ground floor area, exclusive of garages and open porches, shall be 1500 square feet for one story houses and 1200 square feet for one and one-half and two story houses. 4. Size of Plot (a) No dwelling may be erected on any plot having an area of less than 24,000 square feet. . . 5. Plans and Specifications (a) No residence shall be permitted to be erected on any portion of the subject premises without prior written approval of the plans and specifications by HOMESTEAD ACRES AT GREENPORT, INC. One signed, approved copy of the said plans and specifications shall remain in the possession of HOMESTEAD ACRES AT GREENPORT, INC. and another signed, approved copy shall remain in the possession of the owner. (b) No changes or alternations from the approved plans and specifications, either during or after construction, shall be made without written approval of HOMESTEAD ACRES AT GREENPORT, INC. (c) No structure shall be permitted to be erected on the subject premises without the prior written approval by HOMESTEAD ACRES AT GREENPORT, INC. of the plot plan showing the propo,sed location of the dwelling or other structure upon the building plot. (b) The contractor or builder to be employed by the owner, in connection with the erection or alteration of the dwelling on the subject premises, shall be approved by HOMESTEAD ACRES AT GREENPORT, INC. (e) There shall be erected on the subject premises no garages or out buildings detached from the main residence without the prior written approval by HOMESTEAD ACRES AT GREENPORT, INC. 6. Temporary Dwellinq No trailer, basement, tent, mobile home, garage or other temporary structure erected or placed upon subject premises shall at any time be used as a residence, temporarily or permenantly. 7. Fences No fence, wall, hedge, partition or other barrier of any kind in excess of three feet in height shall be erected or maintained on any portion of the subject premises without the prior written approval of HOMESTEAD ACRES AT GREENPORT, INC. a. Siqns No signs, other than the owner's name and profession, shall be erected on the premises. Such signs shall not exceed six . . inches in height or twenty-four inches in width. HOMESTEAD ACRES AT GREENPORT, INC., may, however, display appropriate signs designating plots or dwellings for sale or inspection. 9. Completion of Construction (a) The exterior of all residences must be 100% completed within eight mbnths of the date of the issuance of a building permit by the Town of Southold. (b) Felled trees, stumps, and debris must be removed from the premises prior to occupancy of the residence. 10. Upkeep of Grounds and Dwellinq (a) No garbage, rubbish, paper or other refuse shall be accumulated, or burned, on the premises. All such material shall be stored in a hidden, sanitary container and shall be removed regularly from the premises. (b) The grounds of each residence must at all times be kept reasonably well maintained. (c) No clothes poles, clotheslines, playground equipment or vegetable gardens shall be placed, erected or maintained on any portion of the subject premises except in such a position that it shall not be readily visible from the street, without the prior written approval of HOMESTEAD ACRES AT GREENPORT, INC. (d) No residence shall be boarded up nor shall any windows or entrances be sealed. (e) No trucks, cars, boats, mobile homes, campers or trailers shall be stored on the subject premises with the exception that no more than two regularly used automobiles may be parked in the driveway of each residence and that no more than one boat, not to exceed twenty feet in length, may be temporarily stored in the rear of each dwelling. 11. Movinq Buildinq (a) No building shall be moved upon the subject premises, but this restriction shall be no bar to the change of location of a building by the owner from one part of his property to another part of his property if within the hereinabove described premises. . . 12. Rentinq (a) No owner of a residence on the subject premises shall rent a portion or portions of the premises to boarders or transients. 13 . Pets (a) No animals, other than the usual household pets, shall be kept on the property and such pets must be confined to their owner's premises except, however, when being transported to and from the subject premises. No coop, casge or other structure for housing animals shall be erected on the subject premises. 14. Park and Recreation Area (a) Each owner shall have the right in common with others to use the areas designated as "Park and Recreation Area" for various outdoor acti vi ties on the map entitled "Subdivision Map of Homestead Acres at Greenport" to be filed in the Office of the Clerk of the County of Suffolk. (b) Such "Park and Recreation Areas" are restricted to open space use in that no structures shall be built on the open areas. Notwi thstanding any other provisions of this declaration, the open areas shall remain as such in perpetuity. (c) Each owner of a dwelling constructed on the subject premises shall share pro rata, together with other property owners entitled to the use of such facilities, in the real estate taxes and maintenance charges incurred in connection with said improvements to the "Park and Recreation Area." All such real estate taxes and maintenance charges shall be paid by HOMESTEAD ACRES AT GREENPORT, INC. until such time as at least ten (10) dwellings are constructed with the right to utilize said "Park and Recreation Area." 15. Annoyinq Activities (a) No noxious or offensive activity shall be carried on upon the subject premises, nor shall anything be done thereon which may be or may become an annoyance or nuisance ot the neighborhood. 16. Duration the (a) Except as covenants and otherwise provided in paragraph 14 hereof, restrictions contained herein shall be deemec . . to be real covenants running with the land and shall be bindin on and shall inure to the benefit of HOMESTEAD ACRES ~ GREEN PORT , INC. and all other owners, mortgagees and lienors 0 the subject premises, their heirs, executors, successors an assigns, and all claiming under them until May 1, 2005, at whic time said covenants and restrictions shall automatically ceas and terminate unless they be renewed by affirmative vote 0 fifty-one (51%) percent of the then owners of dwellings erecte on the subject premises. (b) Except as otherwise provided in paragraph 14 hereoi these covenants and restrictions can be altered, . modified 0 annulled at any time prior to their expiration date by writte agreement by and between HOMESTEAD ACRES AT GREENPORT, INC. 0 their successors and assigns, and the owners of fifty-one (51% percent of the dwellings erected upon the subject premises. Suc agreement shall be effective to alter, modify or annul suc covenants and restrictions as to any plot without the consent 0 the owner or owners or mortgagees or lienors of that plot or an. adjacent premises. 17. Formation of a Homes Association (a) Declarant covenants and agrees that at or before th, . time one-half of the lots have been conveyed by it to thin parties that it will at its own cost and expense establish , not-for- profit corporation to be known as HOMESTEAD ACRES HOME~ ASSOCIATION hereinafter referred to as "Homestead Acres Horne, Association" and that within sixty days thereafter convey to sucl "Association" all the right, title and the interest of the declarant in and to said Park and Recreation area together witl any and all private streets shown on said Subdivision Map and, any and all areas shown on the Subdivision map for future highwa, dedication. (b) Each lot owner and any succeeding owner shal automatically become a member of the "Association" and each 101 shall be automatically subject to a charge for a proportionat, share of the expenses for the organizations activities. . . (cl Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. (d) Once established, all responsibility for the operation and maintenance of the common land and facilities shall lie with the Homes Association. (e) Dedication of all common areas shall be recorded directly on the final plat, or by reference on that plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. (f I The Articles of Incorporation and By Laws of the Homes Association and any amendments thereto shall be subject to approval by the Southold Town Board. (g I The Homes Association shall be perpetual: it shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner 1 s fee, give provision for assessment and provide that all such charges become a lien on each property in favor of said 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 members for the collection of any unpaid assessment in any court of competent jurisdic~ion. (hI The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites ar sold, at which time the Homes Association shall be automatically established. 18. Violation of Covenants and Restrictions (a) By HOMESTEAD ACRES AT GREENPORT, INC.: If HOMESTEAD ACRES AT GREENPORT, INC. , or its successors or assigns, shall violate or attempt to violate any of the covenants and restrictions enumerated herein, it shall be lawful for any other person or persons owning any portion of the hereinabove described premises to prosecute at law or in equity against the persons violating or attempting to violate any such covenant and either prevent them from so doing or to recover damages for such violation. . . (b) By others: In the event of any violation of the foregoing covenants and restrictions or any attempt to violate the same, the person or persons owning any portion of the premises covered by the covenants nd restrictions may prosecute any actions or proceedings in law or in equity against the corporation, person or persons violating or attempting to violate the same, either to prevent it, him, her or them from so doing, to abate the act of any violators, or to collect damages for such violations. Any property owners' association of the owners of said real property duly incorporated under the laws of this State hereinafter formed is specifically granted the right to enforce said covenants and restrictions. 19. Partial Invalidation Invalidation of anyone of these covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. 20. Real Property Not Affected It is expressly understood and agreed that the foregoing covenants and restrictions are intended to cover the above described real property only (i.e. premises known as Subdivision of Homestead Acres) and are not to be extended to any other property of the undersigned now owned or subsequently acquired, by implication or otherwise; and it is expressly understood that there is no obligation upon the undersigned, their heirs, executors, successors or assigns to restrict in any manner any other real property which they may now own or which they may hereinafter acquire. " . . IN WITNESS WHEREOF, the hands and seals this J-'t,JI day parties have hereunto of Itu~"'1 11 rG, ~~. set their By: j,' /chabse STATE OF NEW YORK ) NL-w '1 t't-It- ss.: COUNTY OF SUFrOLfC ) On the J-S(rl"day of l~1 {9<f(.i before me personally came Schabse Gordon to me known, who" being by me 9{;:Y. I~iworn, did depose and say that he resides on 4-04 t~ jk'J ry~,\W':1-\,4- that he is the President of HOMESTEAD ACRES AT GREENPdR1, INC., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Boardf of Directors of said corporation, and that he s'pned ame thereto by like order. l~ rdon, President MARK D, MERMa Notary Public. Sl81e of N_ '1\ No. >>4820907 Qualified In Naaau County Commiuion E>cpI.... March 30. 19811 . . . I i , / EXHIBIT "A" ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, near the Village of Greenport, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road, C.R. 48 where the Easterly line of land of Morrison intersects same; RUNNING THENCE along land of Morrison, the following three courses and distances: 1) North 2 degrees 02 minutes East 382.33 feet; 2) North 2 degrees 17 minutes 10 seconds East 1214.58 feet; 3) North 1 degree 42 minutes 50 seconds East 513.28 feet to the southerly side of Sound Drive; THENCE partlY along the southerly line of Sound Drive and partly along the southerly line of land of Anne Popkin, North 89 degrees 44 minutes East 383.58 feet to the westerly line of Map of Section TwO-Eastern Shor.es: THENCE along said map line South 3 degrees 53 minutes East 1103.52 feet to land of J.M.S. Land & Development Corp.; THENCE along said land South 4 degrees 17 minutes 20 seconds West 305.85 feet; THENCE South 10 degrees 38 minutes 20 seconds East 113.0 feet to land of Thygesen; THENCE along land of Thygesen, the following two courses and distances: 1) South 60 degrees 01 minutes 40 seconds West 190.10 Feet; 2) South 19 degrees 41 minutes 30 seconds East 73.08 feet to land of Cottral; THENCE along land of Cottral and then land of Saccone, the following three courses and distances: 1) South 78 degrees 46 minutes West 126.77 feet; 2) South 4 degrees 06 minutes West 129.92 feet; 3) South 11 degrees 00 minutes East 83.92 feet, to the northerly side of Middle Road, C.R. 48; THENCE along the northerly side of Middle Road, C.R. 48 the following two courses and distances: 1) South 55 degrees 01 minute 10 seconds West 257.37 feet; 2) South 55 degrees 01 minute 50 seconds West 79.44 feet to the point or place of BEGINNING.