HomeMy WebLinkAboutHomestead Acres
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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.
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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
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j.----Hlghway Connnittee
L. M. Tuthill, P.E.
~"'~:!I'J[il)
,',PR 30 1987
"""thold T OWII Clerk
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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
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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.)
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~C-a:t----2 ~-"" -.
Judith T. Terry ~
Southold Town Clerk
April 10, 1986
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Southold. N. Y. 11971
(516) 765-1938
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APR 1 '986
April 1, 1986
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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
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ROBERT W" TASKER
Town Attorney
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OFFICE 'OF T,OWNJAnORNEY
TOWN OF SOUTHOLD
APR 1
1986
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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 (
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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.
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~R.3 1985
ROBERT W. TASKER
Town Attorney
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OFFICE OF TOWN ATTORNEY
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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.
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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.
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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
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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.
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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
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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.
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(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.
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(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.
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IN WITNESS WHEREOF, the
hands and seals this J-'t,JI day
parties have hereunto
of Itu~"'1 11 rG,
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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
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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.