HomeMy WebLinkAbout1000-97.-6-17
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DECLARATION OF COVENANTS AND RESTRICTIONS
DECT"ARATION made this 16th day of June, 1994, by DALCHET
CORPORATION, a domestic corporation with office at 235 pequash
Avenue, Cutchogue, New York 11935, and WILLIAM ORLOWSKI and
LORRAINE ORLOWSKI, residing at 218 Carlton Road, Millington,
New Jersey 07946, hereinafter called ~he Declarants.
WHEREAS, the Declarants have tit~e to certain land situate,
lying and being at Cutchogue, in the Town of Southold, County of
Suffolk and State of New York, said land hereinafter being more
particularly described in Schedule 1\ attached hereto: and
WHEREAS, the Planning Board of th~ Town of Southold did on
January 11, 1993 grant preliminary approval on the parcel of land
described in Schedule A into a major subdivision of five lots to.
be known as "Harbor Park Homes" made for lJalchf!t Corp. at
Cutchogue, Town of Southold, N.Y.
WHEREAS, the Planning Board of the Town of Southold resolved
on January 11, 1993, there should be placed on the subdivision the
following covenants and restrictions:
1. Lot No. 3 shall contain the following restrictions:
(al The following described portion of Lot No. 3 is
set aside for a future road in the event the property to the west
is developed:
ALL that certain plot, piece or parcel of
land situate, lying and being at Cutchogue, Town
of Southold, County of Suffolk and State of
New York, being more particularly bounded and
'described as follows:
"I BEGINNING at a point on the westerly line of
Harbor Lane at the southeasterly corner of land
of Lademann, and running thence along said Harbor
Lane South 25" 15' 30" East 50.0 feet to land of
Dobek: thence along said last mentioned land and
land of Oalchet Corporation South 64" 44' 30" West
313.66 feet to land now or formerly of Pung;
Page 2 of 8
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thence along said last mentioned land North 23u 44'
50. West 50.02 feet to land of William and Lorraine
Orlowski; thence along said last mentioned land and
land of Lademann North 64u 44' 30. East 312.34 feet
to the westerly line of Harbor Lane and the point
or place of BEGINNING.
~ll improvements and costs of the road shall be borne by the
own of Southold or the then owner of a major subdivision to the
west at the time it is utilized as a road.
(b) The area on the northerly side of the above-described
property set aside for a future road shall not be considered a
building lot and is more particularly described as follows:
ALL that certain plot, piece or parcel of
land situate, lying and being at Cutchogue, Town
of Southold, County of Suffolk and State of
New York, being more particularly bounded and
described as follows:
," BEGINNING at a point which is the southwesterly
corner of land of Lademann, and which is point is
South 64" 44' 30. West 190.0 feet from the south-
easterly corner of land of Lademann and the
westerly line of Harbor Lane; running thence from
said point of beginning South 64u 44' 30. West
122.34 feet to land now or formerly of Pung; thence
along said last mentioned land North 23u 44' 50. West
59.64 feet along land of William and Lorraine Orlowski;
thence along said last mentioned land North 64u 44' 30.
East 121.08 feet to land of Lademann; thence along said
last mentioned land South 25 u 15' 30. East 82.10 feet
to the southwesterly corner of land of Lademann and
the point or place of BEGINNING.
(c) The area on the southerly side of the above-described
property set aside for a future road contains a building envelope
as shown on the subdivision map. The area within 60 feet south
of the property set aside for a future road, which southerly
property line is described as South 64u 44' 30. West 173.66 feet,
shall be considered the front yard of Lot No.3; the area within
75 feet north of the southerly property line of Lot No.3, which
is described as South 64" 44' 30. West 180.83 feet, shall be
considered the rear yard of Lot No.3; and .the area within 60 feet
Page 3 of 8
west of the easterly property line of Lot ~o. 3, which is
described as South 25" IS' 30" East 272.25 feet, shall be
considered a side yard of Lot No.3.
2. Lot No.4 contains a building envelope as shown on the
subdivision map and shall have the following restrictions:
(a) The area within 60 feet north of the southerly
property line of Lot No.4, which is ~escribed as North 58" 33'
10" East 309.27 feet, shall be considered the front yard of Lot
No.4; the area within 75 feet south of the northerly property
line of Lot No.4, which is described as South 64" 44' 30" West
180.83 feet, shall be considered the rear yard of Lot No.4; and
the area within 60 feet west of the easterly property line of
Lot No.4, which is described as South 25" IS' 30" East 218.00
feet, shall be considered a side yard of Lot No.4.
3. Lot No.5 contains a building envelope as shown on the
subdivision map and shall have the following restrictions:
(a) The area within 60 feet south of the northerly
property line of Lot No.5, which is described as North 58" 33'
10" East 309.27 feet, shall be considered the front yard of Lot
No.5; the area within 75 feet north of the southerly property
line of Lot No.5, which is described as North 87" 49' 50" West
314.82 feet, shall be considered the rear yard of Lot No.5; and
the area within 60 feet west of the easterly property line of
Lot No.5, which is described as South 7" 58' 50" East 250.0 feet,
shall b~ considered a side yard of Lot No.5.
These Covenants and Restrictions can be modified only at the
request of the then owner of the premises, with the approval of
the Planning Board of the Town of Southold, after a public
hearing. Adjoining property owners shall be entitled to a notice
Page 4 of 8
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f such public hearing, but their consent to sllch modification
shall not be required.
OECLARANTS do hereby further warrant, covenant and represent
that the foregoing restriction and agreement shall bind the
ndersigned, their heirs, successor and assigns, and any and all
person or persons who shall succeed to the ownership of said
premises or any part thereof by transfer or otherwise.
IN WITNESS WHEREOF, the Declarants have caused their hands and
seals the day and year first above written.
DALCHET CORPORATION
By
(' S~~c0~ rL.
Chester Orlowski, President
(\
) JL... 0 -A-LV
William Orlowski
JYd-Vut~"-L C0^-t~({l"- A~
Lorraine Orlowski
Page 5 of 8
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f such public hearing, but their consent to such modification
shall not be required.
OECLARANTS do hereby further warrant, covenant and represent
that the foregoing restriction and agreement shall bind the
ndersigned, their heirs, successor and assigns, and any and all
person or persons who shall succeed t.tl ~hp nwnpr"h;,.. ~Fo~~~'"
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1
fTATEOFNEWYORK ss.:
~OWlty of SulIolk
I, EDWARD P. ROMAINE, Clerk of the COWlty ofSulIolk and Clerk of the Supreme Court of the State
of New York in and for said COWlty (said Court being a Court of Record) DO HEREBY CERTIFY that I
have compared the annexed copy of J ". " F // {.., . /
Deed liber / / (, rot' at Page T'" 'f Recorded 0 /..l ;cr-/
and that it is a just and true copy of such original Declaration and
of the whole thereof.
IN TESTIMONY WHEREOF, I have hereWlto set my hand and affixed the seal of said County .
andcourtt~.s....................................~=~.~~....~~...t.9'{~.........
Form No. 104 Clerk
William Orlowski
~mu~ C0^-t~Ul>J ~t
Lorraine Orlowski
Page 5 of 8
&
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
ss.
On this 17th day of June, 1994, before me personally came
CHESTER ORLOWSKI to me known, who, being by me duly sworn,
did depose and say that he resides at (no #, pequash Avenue,
Cutchogue, New York; that he is the President of DALCHET
CORPORATION, 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 board
of directors of said corporation, and that he signed his name
thereto by like order.
~ ~lLf~
Notary Public
Mn8l.lt~ [lIM:llUN
tic!""; r~IJr~. Slole 01 Now V..
g,. ~;j$~ 19lJ, S~.'"'* Counrr
Commr..1oo E>.phos 0ddIIr 31. 1lll11rf
STATE OF NEW JERSEY:
COUNTY OF MORRIS
:88.
On this 16th day of June, 1994, before me personally came
WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be
the individuals described in and who executed the foregoing
instrument, and acknowledged that they executed the same.
~~
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/' N tatJ Public
--,! ~~, :.....,
_r . ......MIlnlhz, 1997
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SCHEDULE A
ALL that certain plot, piece or parcel oE land. situate,
lying and being at Cutchogue, Town of Southold, County of
Suffolk and State of New York, bounded and described as
follows:
,,-1 BEGINNING at a point on the westerly line of Harbor Lane,
675.0 feet southerly along said westerly line from the Main
Road (N.Y.S. Route 25); thence from said point of beginning
running along said westerly line of Harbor Lane the following
two (2) courses and di stances: (l) South 330 45' 10" East
77.45 feet; and (2) South 250 15' 30" East 419.70 feet to
land of Lademann; thence along said last mentioned land the
following three (3) courses and distances: (1) South 640 44'
30" West 190.0 feet; (2) South 250 15' 30" East 200.0 feet;
and (3) North 640 44' 30" East 190.0 feet to the westerly
line of Harbor Lane; thence along the westerly line of Harbor
Lane South 250 15' 30" East 50.0 feet to land of Dobek;
thence along said last mentioned land South 640 44' 30" West
140.0 feet to a pipe; thence still along land of Dobek and
land of Januick, Lindblad, Teevan and Martin South 250 15'
30" East 490.25 feet to a pipe; thence still along land of
Martin North 820 01' 10" East 173.86 feet to the westerly
line of Harbor Lane; thence along the westerly line of Harbor
Lane the following two (2) courses and distances: (1) South
380 56' 20" East 43.03 feet; and (2) South 70 58' 50" East
113.10 feet to land of White; thence along said last
mentioned land South 320 01' 10" West 140.0 feet to a pipe;
thence still along land of White and land of Hommel South 70
58' 50" East 250.0 feet to a monument and land of Sowinski;
thence along said last mentioned land North 870 49' 50" West
314.82 feet to a monument and land now Pung; thence along
said last mentioned land the following four (4) courses and
distances: (1) North 20 10' 10" East 346.51 feet; (2) North
230 44' 50" West 508.89 feet; (3) North 240 38' 50" West
580.63 feet; and (4) North 340 44' West 48.79 feet to a
monument and land of Rakowicz; thence along said last
mentioned land North 560 14' 50" East 305.47 feet to a
monument on the westerly line of Harbor Lane at the point
or place of BEGINNING.
Page 7 of 8
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DECLARATION
OF
COVENANTS AND RESTRICTIONS
THIS DECLARATION made this 16th day of June, 1994, by
DALCHET CORPORATION, a domestic corporation with office at
235 Pequash Avenue, Cutchogue, New York 11935, and WILLIAM
ORLOWSKI and LORRAINE ORLOWSKI, residing at 218 Carlton Road,
Millington, New Jersey 07946, hereinafter referred to as the
DECLARANTS, as the owners of the premises described in Schedule A
annexed hereto (hereinafter referred to as the PREMISES) desire to
restrict the use and enjoyment of said PREMISES and has for such
purposes determined to impose on said PREMISES covenants and
restrictions and does hereby declare that said PREMISES shall be
held and shall be conveyed subject to the following covenants and
restrictions:
1. DECLARANTS have made application to the Suffolk County
Department of Health Services (hereinafter referred to as the
DEPARTMENT) for approval of a five lot subdivision known as
"Harbor Park Homes", ft92-273, on the PREMISES.
2. WHEREAS, DECLARANTS appeared before the Board of Review
requesting a variance to be able to utilize shallow wells which
do not conform to the depth requirements of the Suffolk County
Sanitary Code and WHEREAS the Board of Review of the County
of Suffolk Department of Health Services granted a waiver by
Page 2 of 11
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letter dated May 26, 1994, attached hereto and made a part
hereof, provided a covenant is filed, and the DECLARANTS, their
successors, heirs or assigns, agree and covenant:
(al To hold harmless, indemnify and defend the County of
Suffolk, its employees, officers, or "agents from any claim for
damages or injuries that may arise out of the installation or use
of such shallow wells.
(bl To install wat'er conditioning equipment at the time
of construction on each lot if the well water supply for that
lot has contamination in excess of the minimum drinking water
standards and/or guidelines of the State of New York, and to
file additional covenants at that time, as required by the
DEPARTMENT.
3. DECLARANTS, their successors, heirs or assigns, further
agree and covenant:
(al That there shall be no further division of the
PREMISES unless public water is extended and all of the lots are
connected to public water.
(bl To connect all of the lots to a public water supply,
upon a public water main being extended within 150 feet from the
PREMISES.
4. The DECLARANTS, their successors and/or assigns shall set
forth these covenants, agreements and declarations in any and
all leases to occupants, tenants and/or lessees of the above
described property and shall, by their terms, subject same to
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the covenants and restrictions contained herein. Failure of the
OECLARANTS, their successors and/or assigns to so condition the
leases shall not invalidate their automatic subjugation to the
covenants and restrictions.
5. All of the covenants and restrictions contained herein
shall be construed to be in addition to and not in derogation or
limitation upon any provisions of local, state, and federal laws,
ordinances, and/or regulations in effect at the time of execution
of this agreement, or at the time such laws, ordinances, and/or
regulations may thereafter be revised, amended, or promulgated.
6. This document is made subject to the provisions of all
laws required by law or by their provisions to be incorporated
herein and they are deemed to be incorporated herein and made a
part hereof, as though fully set forth.
7. The aforementioned Restrictive Covenants shall be
enforceable by the County of Suffolk, State of New York, by
injunctive relief or by any other remedy in equity or at law.
The failure of said agencies or the County of Suffolk to enforce
the same shall not be deemed to affect the validity of this
covenant nor to impose any liability whatsoever upon the County
of Suffolk or any officer or employee thereof.
8. These covenants and restrictions shall run with the land
and shall be binding upon the DECLARANTS, their successors and
assigns, and upon all persons or entities claiming under them,
Page 4 of 11
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and may be terminated, revoked or amended ltyv1f_W"'ll1rR...UAi AL..
lUllllllU'HH only with the written consent of the DEPARTMENT.
8.ln lJi.UtJI181l8JJall..iilJnIlJIIUIIIBIIKlIltJ.] ~l.BKlli.... uii.Bl:i JIBH: =11 Ii :H__a
LPLP__...._-..,3...~~..1rT..ruV-..I--TTr T1N7 rn:rv",=:c.,u1::CX..x:x:i::I:,"XIIIIUi _ . f. f. 111:z!
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9. If any section, subsection~ paragraph, clause, phrase or
provisio~ of these covenants and restrictions shall, by a Court
of competent jurisdiction, be adjudged illegal, unlawful, invalid,
or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole, or any other part or
provision hereof other than the part so adjudged to be illegal,
unlawful, invalid, or unconstitutional.
10. Local Law #32-1980 - The DECLARANTS represent and
warrant that they have not offered or given any gratuity to any
official, employee, or agent of Suffolk County, New York State, or
of any political party, with the purpose or intent of securing
favorable treatment with respect to the performance of an
agreement, and that such person has read and is familiar with the
provisions of Local Law #32-1980.
DALCHET CORPORATION
By ~~~k.: f'~,
Chester Orlowski, President
C
-~ j J4/'
William Orl ski
J::ht (l<.. "-L (Q).jA--<-<.k>d -L
Lorraine Orlowski
Page 5 of 11
STATE OF NEW YORK:
ss.
COUNTY OF SUFFOLK:
On this 17th day of June, 1994, before me personally came
CHESTER ORLOWSKI to me known, who, being by me duly sworn,
did depose and say that he resides at 235 pequash Avenue,
Cutchogue, New Yorkl that he is the President of DALCHET
CORPORATION, the corporation described in, and which executed
the foregoing instrumentl that he knows the seal of said
corporationl that the seal affixed to said instrument is such
corporate seall that it was so affixed by order of the board
of directors of said corporation, and that he signed his name
thereto by like order.
~~A W~
Notary Public
IW,RN1A OlACtUl
f "'l.Y 1'uUic, Et.ale 0111.. Yadl
tI..l. Qij3,191J. Suffolll CaunIp
Co.,."......, &p!nle 0dGbIr 31. tlllltI
STATE OF NEW JERSEY:
:ss.
COUNTY OF MORRIS
On this 16th day of June, 1994, before me personally came
WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be
the individuals described in and who executed the foregoing
instrume~t, and acknowledged that they executed the same.
/~t~c
0Nft LAGl.JA ,
""'NoIo of..... JIlrMy
_1' ". ErpINe MM:h a, llll17
Page 6 of 11
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate,
lying and being at Cutchogue, Town of Southold, County of
Suffolk and State of ~ew York, bounded and described as
follows:
I
iBEGIN~ING at a point on the wester4Y line of Harbor Lane,
675.0 f~et southerly along said westerly line from the Main
Road (N.Y.S. Route 25)1 thence from said point of beginning
running along said westerly line of Harbor Lane the following
two (2) courses and distances: (1) South 33" 45' 10" East
77.45 feet1 and (2) South 25" 15' 30" East 419.70 feet to
land of Lademann1 thence along said last mentioned land the
following three (3) courses and distances: (1) South 64" 44'
30" West 190.0 feet1 (2) South 25" 15' 30" East 200.0 feet1
and (3) North 64" 44' 30" East 190.0 feet to the westerly
line of Harbor Lane1 thence along the westerly line of Harbor
Lane South 25" 15' 30" East 50.0 feet to land of Dobek1
thence along said last mentioned land South 64" 44' 30" West
140.0 feet to a pipe1 thence still along land of Dobek and
land of Januick, Lindblad, Teevan and Martin South 25" 15'
30" East 490.25 feet to a pipe1 thence still along land of
Martin North 82" 01' 10" East 173.86 feet to the westerly
line of Harbor Lane1 thence along the westerly line of Harbor
Lane the following two (2) courses and distances: (1) South
38" 56' 20" East 43.03 feet1 and (2) South 7" 58' 50" East
113.10 feet to land of White1 thence along said last
mentioned land South 32" 01' 10" West 140.0 feet to a pipe;
thence still along land of White and land of Hommel South 7"
58' 50" East 250.0 feet to a monument and land of Sowinski;
thence along said last mentioned land North 87" 49' 50" West
314.82 feet to a monument and land now or formerly of Pung1
thence along said last mentioned land the following four (4)
courses and distances: (1) North 2" 10' 10" East 346.51
feet1 (2) North 23" 44' 50" West 508.89 feet1 (3) North 24"
38' 50" West 580.63 feet1 and (4) North 34" 44' West 48.79
feet to a monument and land of Rakowicz1 thence along said
last mentioned land North 56" 14' 50" East 305.47 feet to
a monument on the westerly line of Harbor Lane at the point
or place of BEGINNING.
Page 7 of 11
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COUNTY OF SUFFOLK
'-""
(,
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
DIVISION 01"' ENVIRONMENTAL QUAUTY
Mr. Chester Orlowski, President
Dalchet Corporation
235 Pequash Avenue
Cutchogue, New Yorlc 11935
May 26, 1994
MARY E. HIBBERD. M.D.. M.P.H.
COMMISSIONER
Dear Mr. Orlowski:
Subject:
Board of Review Hearing - May 19, 1994
Proposed Subdivision of Harbor Park Homes #92-273, Town of
Southold, SCTM 1000-97-6-17; 103-1-20.5 and 20.6.
Enclosed is a copy of ' the Board of Review's fmdings, recomnlendations and determination
concerning the subject application.
Based on the information submitted, the Board granted the request for variance with the
provisions indicated in the determination.
The granting of this waiver does not imply that your application will be automatically approved.
It is your responsibility to ensure that your application is complete; otherwise, your approval will
be subject to unnecessary delay.
Very truly yours,
~ f1l0'A-
Dennis Moran, P.E.
Chairman
Board of Review
DM/lr
Enclosure
cc: Board of Review File - Riverhead
Ms. Susan D. Windesheim
Mr. Frank Dowling, Sr. Planner
Mr. Peter R. Akras, P.E.
Richard F. Lark, Esq.'/
Roy Dragotta, Esq.
Town of Southold Planning Board
ADMINISTRATION OFFICE
.
22!$ RABRO DRIVE EAST. HAUPPAUGE. NY I I 788-42itQ .
P~rTO Q .....-F "
T!:L 151el 853-307, "All; f~leJ 85S-2'27
~'
To:
From:
Dennis Moran, PE
Chairman, Board of Review
Subject:
Report of Findings and Recommendations of the Review Board Regarding:
Proposed Subdivision of Harbor Park Homes #92-273, Town of Southold,
SCfM 1000-97-6-17; 103-1-20.5 and 20.6.
Applicant:
Chester Orlowski, President, Dalchet Corporation,
235 Pequash Avenue, Cutchogue, N.Y. 11935
Notice of Hearing:
May 3,1994
Hearing pate: May 19, 1994
Statement of Problem
A community type water system is required when a realty subdivision is located in an area where
ground waters are non-potable or potentially hazardous in accordance with the requirements of
Article 6, Section 706-606 A.4 of the Suffolk County Sanitary Code.
Findinl!s and Facts
I. Proposed development of a 9.04 acre parcel into five lots ranging in size from
73,904 square feet to 80,000 square feet.
2. Site is in Groundwater Management Zone #N.
3. Area is zoned R-80 and R-40.
4. Public water is not available. Nearest public water main is several miles from the JIl".
5. Depth to groundwater is about I 7 feet.
6. Soils are silty loam 0-4 feet; sand/gravel 4- I 7 feet.
7. Average lot size is 73,780 square feet.
Page 9 of 11
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Mary E. Hibberd, M.D., M.P.H.
Page Two
Subject: Report of Findings and Recommendations of the Review Board Regarding:
Proposed Subdivision of Harbor Park Homes #92-273, Town of Southold
SCfM #1000-97-6-17; 103-1-20.5 and 20.6.
Findinfls and Facts (cont' d)
8. Proposal is 197% of department standards.
9. Initial test well information indicated nitrate level exceeded standard. Test wells were
subsequently installed on all five lots. rest well #3 contained 8.4 mg/l of aldicarb, test
well #4 and test well #5 had levels of dichloroditluoromethane (18 ppb and 110 ppb). Wells
#4 and #5 were repositioned and retested on 4/4/94-test results indicated acceptable water
quality.
10. Test wells have total depths of 45-55 with 22-32 feet of water in well casing.
11. Applicant testified tbat town approvals have been granted
12. It was noted tbat a minimum horizontal separation of 200 feet can be maintained between
wells and sanitary leaching pools.
13. Applicant has owned property since 1961.
Detertnination
It was a 3 to 0 detertnination of the Board to grant the request for the variance, provided that
all lots are covenanted, in language acceptable to the County Attomey, that there will be no
further subdivision witbout public water and that appropriate treatment will be provided, if
necessary, at the time of application to construct.
.
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Date
'~\4
'2\..'W".~~
Dennis Moran, P.E., Chairman
DMIIr
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