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Home My WebLink About1000-96.-1-1 GEORGE RITCillE LATHAM. JR. BENNETT ORLOWSKI. JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBn8 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 1997 Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Proposed major subdivision for North Fork Industrial Park SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday" March 31, 1997: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of conditional final approval. Conditional final approval was granted on March 18, 1996. The extension will expire on September 18, 1997, unless all conditions of approval have been fulfilled. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Sincerely, B~!!~/.S Chairman , ~ ~ z#, o ffi l- ...:- g-l- ~- ~ .. 1><:' U ...: ~ .~ tnS d~dq~ ........... ~ ... ............ ~-~. ~ I MAIOR SUBDIVISION Complete application received Yield map received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Sketch plan approval -wi.th conditions Lead Agency Coordination SEQRA determination Preliminary maps received Prelim;nary maps reviewed at work session - revisions Road profileS/drainage submitted -revisions J/3/'lD ~~ I / lRT . .o;o'L ~2C>I90 ~ f.o:rr'i,---, ..~ ~ e~C.l r;j;J'ti' ;; I;~";:,. ' ~ ,.J.. : _____1- .," '__.' ~61~__~n:~ ~ H~{~_ P-i 3 -..:k?--M:t~ l!hbl._. J/O/:rl iU ' k,"~i c.rr" ~~!:~J J\l\~J'~ J~r:tiJ[OKJ #~ j\' ~~ \'~'~~ 1~~LI~ fiWtlr,;;;-, ~~ ~H~I '.0401+, ~ hlO (..p--. '7 -I ,'II ~/l-'ffcrv ~~f""( Road profiles/drainage reviewed b'i' Engineer . 1/115I>'~-t:<o~) r':'-, ,,-i~ tv /fI\~' ' /111.3/1/ Sent to County Planning Commission Receipt of County Planning Report Review of SCPC report Preliminary hearing Preliminary approval -with conditions <;c\- .JC.r '2.J~ n_ I - Sent to Fire Commissioner Receipt of firewel1location Notification to applicant to include on final map Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Bond estimate submitted Bond adopted by PB Bond adopted by TB Pavment of bond Payment of inspection fee Determination of park & playground fee Park & playground fee adopted by TB Payment of park & playground fee Open Space documents Documents reviewed by TA Receipt of mylars and paper prints with Health approval Final Public Hearing 11~q~ Approval of subdivision -with conditions Endorsement of subdivision 1 I fiWtl~ IIIS'"tI~~ (3, '1'2... r~.LI ~:SCR: j>'Sc.if<""eS ..< ~ 'f 2... OliO"''';' 'Xl'C- heqroN~ clc~t9 :>..13.h,- I .t~r' ~ 111Uq~ ","" ,,\-\q~ _ f~ prJ..".,,-pplfl. ~r:J 'II fCcr(t',/ ~~ "I~llqf",,~ (f.; II <1-\f>M\I") I~~ll~ fiWtlr,;;;-, ~~ 1,1,:).(, /q(e I fiWtl~ ~~ lI~~ ;W ?,/ / /( /'1I/J f { Cj( -, ~ ~ - ~ /' .. . . DATE ---.,.,.,....- , --- .. '-;;fi'. , ,. . ~... . . .. // ~.'.-.r .. ~ . {,I1\I.! ~...... 3i APPLICATION FOR APPROVAL OF PLAT To the Pbnnin:; Board 01 the Town 01 Southold: The undersil:'ned ap1'lic"nt hereb~' applies lor (tent"tive) (Iin"n :l1'pro\',,1 01" subdivision DJ"t i:> aeeordance with Article 16 01 the Town Law ,md the Rules and Re:~lIl"llons of the Southold To,,,,, Pl"n:nn:; Board. and represents and .t"tes as lollows: 1. The applicant is the owner cf record of the land under "1'olic",ion. (II ,he apolicant is not ,he o,,-ncr of record of the land under ap?iic:aion. the appilc:lnt sha.ll state his interest in u.:.=. land under appiiC:l,ion.) 2.. 7h= na:::e oi the subdh-i..ior: is to b~ major subdivison of ..................................................... Dennis K. Corby .. . ........... .................................................................................... .............................................................................. ........- ... '7::: l:::"::~~ !:t:::. ~r:::~:' :;:;:::::.:;~:t st:;~~!:~::.) 15 Cl:~_~:,i::-e~ i::. S::hccu:e uAu h~:,~~:;) :':::-::':0:.::.. rcc~'.' c: Ct::: . .; 7~~ ;:r:.:. is he!:' by t~~ 3~~;::::::'::': ~::=~~ C~~~~ r~=r";a:" ... .-.. 1~ .:::.;.::::..;": 1...0...._...: "-.:r:::: c-: :::: :.1 to;. ~~..:Z. 10243 J -::__. ~. ~ . ~ ~. ~.. ..... ..... . .. - . ~. ... 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Hi L:L;t':" ......... p--.. ....................... in or:;:-m"! ~,",~1I": of ............... ur:r:.1i,l :J.:-::~t.:l1t $...................... he!": hy ....................... ............... ad:re!s .................. ................................................ '. . . #'~ .- .......:.... ..... ,.~..,"c .. . ~ ..~.,.. ~ ... ."'" . . --,.. . - ',,~ .. _.~.-, (c) :'Iort!:'l=e recorded in Liber .............. P~~e ...................... ... in ori:inal amouat of.... .... ....... unp:lid amount $...................... held by ...................... ...................... address ......................................................... 8. There :tre no other encumb~nce. or liens ~!;:tin.t the l:tnd ~~ .......................... ....................................................................................... 9. The ~n= ji::s in the iollc\'9ir.; '%on:n~ u!= cll!.:::=:!. 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If ~tr'!'~!~ 5ho.....~ en :hc ~J!:': ::.rc C:.:::r.-:e:! b:.. tb: :,!,~)EC::'i.~ to b~ exi~t::;;~ pl:L~;;.:: streCI,3 1n ::-:: Town <...: .:.u:.;::a,:J IiI;;!}"....::.... ~:"S:l":;:. ;.:-:r:~:: .::.CI:l"l.L1:~: "C'. ;:::-1::::> to show S:ln:c:. H:. Tilc:-e :'l'~ :11, e:-:':::Ir.; ht.:I._;;:~:; or !::n::::l!i'.:.::o c.n tht. l:.:-:~ whjdi ;.rc net iC:::l:cd :1nd r.1I0~..:'i. or. 1:1: ;.;~~~. ]9. \Viler!.. ti:c: f.J..t ~huw!t. ~"""Hu~c::1 ~trl"t':s whic!: :Ue CXll.II.-.1CJ11:o Ul\.I~ln':'l ~':':I.: r:crr-{Olni" 0:...:....:. till'ro:. :'Ir~ Iln r!:'~!.n.~ !'"lrn.~ :1: eXJ:t1~~ m:1~'-. :~ tllelr CO~'IlI1UIf)n~ WI:I; lil~' prn~usui !::rC'et~. II! the :1.l1.iuillil':~ !.:rC'cts on :.trc.'tl.." on cnJ c..i ljl~ stll.. :J. ]n li'~ "-:: 0.1__ u: C')ur't~ c.f ti1c~e ~rr.':{'!'.;IlI-':. tl:-:- ~I':,ja';lIi' \\'I!: "j,"-r prUtoj ti:c Ll.:':': l'ropc:::: :...::\': Co: :i::c :"b rl"rplirL'd l,~ S...:. 21. ':::::..~:;;:: :. C~...._. of prr.'fl!::~:.i e".-,I k: ht. ~hfl"'''l!:~ :111 rl'"'::::'ICtlOll:.. co\"t:::.).:a~. \.'tc. AI1r:L'~ SCI:Cl,;:Jit "D". ... e - ~ ,... , ? \ .. . tI Z!. Th~ applicant estim:ucs th:lt the cost of rr:aclin:- ant! re'luircll public impTu,ocmcnts will "" $.......... as itemized in Schedule "E" hereto :1nne:<:ed :1ntl requests Ih:11 the mott:ri:y of the Perform:1nce Bond be fixed :11 .............. ye:1rs. ce Doutl will be wrille!! by . lieensed suret". compa":,," uniess otherwise DA T:E: .............................., _nt) By ............................................ C' . _. . . ~l~:a:~re :.n~ _l::e) . ............................. ....................................................... (A12 ==-e~~-~ S7:....:-= ::";:- ::::-_"; Y::::::. -------.. -- C Ltc. 1// --'.....-.. - --: .......~_\r'./.I.i.................~:: , - 0', .~. ",' .? .: ~ / , I'" 0"7 >'.'__. _. ___.__,.,.. ___. -.. ..... .....~-................ 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Dcawec A Jamespoct, NY 11947 Novembec 13, 1989 NOV I ~ Southold Town Planning Boacd Mat n Road Southold, NY 11971 RE: Subdivision of Dennis Cocby at Cutchogue, NY 1000-96 - 1 - 1 Deac Sics: Please find enclosed the following with cegacd to the pcoposed subdivision of Dennis Cocby at Cctchogue, New Yock. 1) Appli cation 2) Long Enviconmental Assessment Focm 3) Filing fee of $3900 4) Subdivision plans Sincecely, Hency E. Raynoc, Jc. HER:ml Enc. , 'i -.....- .... '" TOWN OF SOUTHOLD .RT 1-PROJECT INFORMATI. _ Prepared by Project Sponsor . 5 lkif NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to tilese questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. . It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME.OF ACTIONd. ., f' b maJor suo ~v~s~on 0 Denn~s K. Cor y LOCATION OF ACTION (Include Street Address, MunicIpality and County) n/e/c CR48 and Depot Lane, Cutchogue, County of Suffolk NAME OF APPLICANT/SPONSOR Henry E. Raynor, Jr. -(' Agen t ADDRESS P. O. Drawer A CITYfPO Jamesport NAME OF OWNER (If different) Dennis K. Corby A~foSSsayville Subaru cIDi)Pv i 11 e I BUSINESS TELEPHONE (51Ej 298-8420 I STATE I ZIP CODE NY 11947 I BUSINESS TELEPHONE ( ) I ~Y"TE I ZIP CODE DESCRIPTION OF ACTION major subdivision of r~al property Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Olndustrial OCommercial OResidential (suburban) o Forest lUAgriculture OOther 2. Total acreage of project area: 29 . 11 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland. pasture, etc.) 29.11 acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of EeL) acres acres Water Surface Area acres acres Unvegetated (Rock. earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) light industrial office acres 29.11 acres 3. What is predominant soil type(s) on project site? tODsoi 1. loam. sann a. Soil drainage: CllWell drained 100 % of s.ite OModerately well drained % of site OPoorly drained % of site b, If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). undetermined 4. Are there bedrock outcroppings on project site? DYes UlNa a. What is depth to bedrock? (in feet) ORural (non-farm) 2 5. APproxima~tage of propos.roiect :~ WI~~~I~pes: -~-----,---- :X0-10% ~_ % 015% or greW D10-15% % % 6. I.,! project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? DYes UNo 7. Is project substantially contiguous to a site listed on the Register of National Natural landmarks? 8. What is the depth of the water table? .:!:: 55 (in feet) DYes ~No 9. Is site located over a primary, principal, or sole source aquifer? ~Yes DNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes 5iINo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes [}No According to infnrm;;'ltinn ~no b~li~f Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations] DYes i:JNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes i:i(No If yes, explain 14. Does the present site include scenic views known to be important to the community? DYes qNo 15. Streams within or contiguous to project area: n / a a. Name of Stream and name of River to which it is tributary 16. lakes, ponds, wetland areas within or contiguous to project area: a. Name n/a b. Size (In acres) 17. Is the site served by existing public utilities? K]Yes DNo a) If Yes, does sufficient capacity exist to allow connection? 6aYes DNo b) If Yes, will improvements be necessary to allow connection1 !]IYes . DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets law, Article 25-AA, Section 303 and 304? DYes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECl, and 6 NYCRR 6171 DYes KlNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes GINo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 29.11 acres. b. Project acreage to be developed: ? q 1 1 acres initially; acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. length of project. in miles: n /" (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed n / a %; f. Number of off-street parking spaces existing 0 ; proposed per code. of Southold g. Maximum vehicular trips generated per hour 90 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height: j. Linear feet of frontage along a public thoroughfare project will occupy is? width; 670+ ft. length. per code at Middle Road 3 ... -- 2.. rlow much natural material (i.e.. rA earth, etc.) will be removed from the. 3. Will disturbed areas be reclaimedJll'" DYes IiJNo ON/A a. rf yes, for what intend,--": purpose is the site being reclaimed? b, Will topsoil be stockpiled for reclamation? DYes DNa c. Will upper subsoil be stockpiled for reclamation? DYes DNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? nacres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes lJiINo o tons/cubic yards 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? DYes ~o 9. Number of jobs generated: during construction 75 o 10 months, (including demolition). (number). month year, (Including demolition). year. month DYes DNo ; after project is complete undetermined 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? electric service [lYes DNo If yes, explain 12. Is surface liquid waste disposal involved? DYes !l9No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~Yes DNa Type domestic seweraqe 14. Will surface area of an existing water body increase or decrease by proposal? DYes l(]No Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes ~No 16. Will the project generate solid waste? IXIYes DNa a. If yes, what is the amount per month tons undetermined b. If yes, will an existing s.olid waste facility be used? IKlYes DNo c. If yes, give name 'T'ntJn f"'lT ~""'I,t- hn 1 rI ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes ~No e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? DYes IXINo tons/month. 18. Will project use herbicides or pesticides1 DYes years. IXINo 19. Will project routinely produce odors (more than one hour per day)? DYes flNo 20. Will project produce operating noise exceeding the local ambient noise levels? DYes IiI No 21, Will project result in an increase in energy use? GilYes DNo If yes, indicate type(s) edectri c 22. If water supply is from wells, indicate pumping capacity 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? DYes If Yes, explain gallons/minute. per SCDOHS undetermined rnNo 4 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? [jiVes DNo If Yes, indicate decision required: Dzoning amendment Dzoning variance Dspecial use permit :X]subdivision Dnew/revision of master plan Dresource management plan Dother LIO , .25. Approvals Required: ~ city, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies . Tf l- Submittal Date DVes XJNo l[]Ves DNo DVes GaNo [liVes DNo DVes I3iINo GaVes DNo DVes 4lNo DVes i;/No subdivision seweraae & water 5,.,0,., '711h~iui<::';r\n roui~w Osite plan 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? nine lots 4. What is the proposed zoning of the sitel f TO 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? nine lots 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [jiVes DNo 7. What are the predominant land use(s) and zoning classifications within a V. mile radius of proposed action? AIC, LIO , LI 8 Is the proposed action compatible with adjoining/surrounding land uses within a V. mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? nine a. What is the minimum lot size proposed? 120,000 sa. ft. 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? DVes 0No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)1 IXIVes DNo a. If yes, is existing capacity sufficient to handle projected demand? GaVes DNa 12. Will the proposed action result in the generation of traffic significantly above present levels? JOVes DNa a. If yes, is the existing road network adequate to handle the additional traffic? 0Ves DNo 0Yes DNo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. .-AI'"lic4nt/S Date 1 0 / 4 / R'l Signature Title Agent for Corby If the action is in I e Coastal Area, and you are a slate agency. complete Ihe Coastal Assessment Form before proceeding with this assessme t. 5 , JUDITH T. TERRY, TOWN CLERK RECEIPT 5 3 8 4 6 Town of South old :;j Southold, New York 11971 ~ n 0.....--- ~e:516-765-1801 DATE ' o'c2 19 ~~J ::'"m~&~6g') ~~MO o CASH . (\ (JJ,)) j .we;:;ECK If- O! If \( BY Cf RECEIPT 060279 Town of Soul hold ~ Southold, New York 11971 Phone: 516-765-1800 OAT. tJ 19% REC~IVEOOF: - '-j.;~ ~. ~. $.2 ~ ,J,! 7- FOR:~~ItLt~ -~:=1c-~ (~?1-~t?~) J./U JUDITHT. TERRY, TOWN CLERK o CASH Gl-llf'lECK'i /7(, BY: ELIZABETH A. NEVILLE, TOWN CLERK RECEIPT 6 8 6 3 0 Town of Soulhold Southo/d, New York 11971 M. Phone: 516-765-1800 DATE / r<---a-v. l.J'._ 19 "7f' RECEIVED OF: ~ ~ ~. $ d-.OeJO. 00 FOR: '^r~ 1143 -~r DC~ 0--6tECK #' :) J {) BY: I ._I_l_'_l_I_I_I_I_'_I_I_'_I_'_I_I_._~I_I_I_'_T_I_l_1_._ -'_~'_I_'_I_I_. TOWN CLERK I TOWN OF SOUTHOLD .. - - - - Suffolk County. New York 516. 765-1801 N~ ~3392. I Southold. N, Y,11971JL~J.J 19~ RECELVEDOF ~f~~,~~ I ~y k'jJ-1;;~-:~OO//r)d gOq...ill()(}" u~ For........ >, L2.e~ - . ~ -~ :::t--"-<.. i Judith T. Terry. Town.. Clerk " I .~,.E_._~~ rY(..ti~_'-fi:___,_._.~~..p,:,_(,.~,~,_,_,! .-_._.__._.-;~WN'ciiRi"''''------------'-'.'-'-'-'-'-'-'1 i TOWN OF SOUTHOLD , - _ _ , Suffolk Countz. New York 516. 765.1801 N~ 33481' ~ ~ Southold, N..!. 11971 L-.-.~r 1941 REl?IVRn O~ I <-=-<-. rtrt.A--;;t...~.~ . ,..... , h 'k' ! ~ ~ o'/tno DoU.....~....Pcri> . ~~1t~7, c..04___:" ('~~:;y~fJ~ Judith T. Terry.'-Irown<'Clerk i Cuh 0 Check rn/ t.{~iL_'_'_'-'~-'-'-'F"-~~'_'_.1 F.or 03,24,1997 11:~3 151E,7'-''71:317 f<OSIl~'=:VI AS'=:CCIATE'3 .. 320 Love Lane Manituck, NY 11952 VIA FAX: 765-3136 March 24, 1997 Southold Town Planning Board Main Road Southold, NY 11971 RE: Tide Group industrial subdivision at c.R. 48, Cutchogue, New York Dear Sirs: We hereby request an extension of approval as granted 90 days ago on the above referenced. Progress made during this last extension includes new covenants and restrictions being drawn, the fire well on site required by the Cutchogue Fire District has been test pumped and drawn down at the rate of 430 gallons per minute, the center lines for Commerce Drive and Corporate Road have been staked and graded and the sump area has been delineated and surveyed. We are diligently pursuing the completion of these items. As of March 20l!1, your office has requested revisions to the covenants and restrictions which will be forthcoming by the end of this week. We are still awaiting the.> Cutchogue Fire District's ",Tinen acceptance. It has proven to be impractical as well as impossible to consummate all the necessary requirements by the Planning Board as well as those required by Suffolk County in the time frame alloned. I would suggest that in the future any commercial subdivisions be give a separate time schedule for improvements. The fact that this subdivision is new and has been dealt with in a different method from residential subdivisions has proved to be very arduous. The coordination of other municipal agencies as well as private contractors, i.e. LILCO for commercial service has been months instead of weeks as would occur in a residential subdivision. I feel that a review of time frames should be considered for any future subdivisions of this nature. As a result of our efforts and the type and timing of our subdivision, I would request the Board consider an exten:;ion for an additional 180 days to afford completion. Sincerely, ~?f!;p~ HR:ml UTHOLD TOWN NNING BOARD P;::'I:1E 01 $u..iZF fb fI.1S I ..J o o ~ M5 320 Love Lane Mattituck, NY 11952 February 20, 1997 southold Town Planning Board Attn: Melissa Spiro Main Road Southold, NY 11971 Dear Melissa: Enclosed please find the revised covenants and restrictions for the Tide Group industrial subdivision on County Road 48, Cutchogue, New York. Should any further revisions be required, please let me know. Sincerely, H~E~Jr. HER:ml Enc. 31 \I? \ 9" D;sc"~~e~ w:-tk \\e,,-."I ~~NO(2.. ];'rQW\ ((?-Y' 4, Ac(t,J,e V. ~ ,e'i\,,{0~i:O J.'~h of, fwDvc"':> ~ ,\",,(k:"~ "'{~ U<tt/(~ d",,,,\4\ "'-'"> "en- :"'c.'o~.~ ;~ ,to',,,,'\' (\..,~-\-. . (\.,+<ue. \ X Mc"",\:~~c.e ",,,s\: 'oe (<COif &e"-c..;\-e ~ . \-Ie- mvS\ \.0<"",,, ?8, kt\-N <<'1'.>"\;",,,, ex'''''''>'~. C~' Q >=;",uY ""'f.fiN" ~~'I. '"r,."" i~ (,',,' fi' n m 1<00"\ " . \ l', 1'1 ls U I!l [; n M<;"---- I~I! : . rEB 26 1997 i I , . I , ,'~ . --l" ! """"'-..~....,~.,-...-~-;~'~ > L__~,}~~~::,r!L,i0~:lli~~ ~_1 '<_'_~h'_'_'___","'__'m_~ ""'" "",I o DECLARATION OF COVENANTS AND RESTRICTIONS FOR NORTH FORK INDUSTRIAL PARK Declaration made as of this day of , 1997, by the Tide Group, Inc., a New York corporation with offices at 320 Love Lane, Mattituck, New York 11952 (herein referred to as "Developer" or "Declarant"). WITNESSETH WHEREAS, Developer is the owner in fee simple of certain premises situate at Town of Southold, suffol~ County, New York, described on the Suffolk County Tax Map as District 1000, Section 96, Block 1, Lot 1, and as more fully described in Schedule A, as shown on a subdivision Map of North Fork Industrial Park, for 8 lots on 29.11 acres, located in the Light Industrial/Planned Office Park (LIO) District. NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Schedule A is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions, easements, charges and liens (sometime referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration or any supplemental declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land exluding the industrial lots as shown on the Subdivision Map and including the internal roadways, open space and drainage areas until such time as they are accepted for dedication by the Town of Southold. (b) "Declaration" shall mean and refer to this Declaration of Covenants and Restrictions, as the same may from time to time be amended. (c) "Developer" shall mean and refer to the Tide Group, Inc. and its successors and assigns, incl uding without limitation, any mortgage which has foreclosed or acquired by other means the interest of the Developer. (d) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial uses shown on the Subdivision Map but shall not include the Common Areas. (e) "Property Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any unsold Lot. .- v o (f) "Unsold Lot" shall mean and refer to any Lots owned by the Developer and any successor or assigns until such time as the same have been sold to a third party. ARTICLE II. DEVELOPMENT OF THE NORTH FORK INDUSTRIAL PARK SECTION 1. The Tide Group, Inc. Subdivision. Developer intends to improve eight (8) Lots, roadways, drainage, and other improvements to the Common Areas on the parcel of land as described in Schedule A consisting of approximately 29 acres. SECTION 2. Easement. Developer does hereby establish and create for the benefit of all Property OJners from time to time of Lots subject to this Declaration and its permitted occupants of Units improved on said lots and their heirs and assigns and does hereby give, grant and covey to each of the aforementioned, the following easements, licenses, rights and privileges: (i) Right-of-way for ingress and egress by vehicles or on foot, ln through, over, under, upon, and across the streets and roads in the properties (as shown on the Subdivision Map and any changes as they may be built or relocated in the future for all purposes: (ii) Right to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable television lines, sewers, and drainage lines which may from time to time be in or along the streets and roads or other areas of the Property. SECTION 3. Reservation of Easement. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across properties, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and reserve easements and right-of-way in through, over, under and across the properties for the install ation, maintenance and inspection of I ines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion and maintenance of the work. Developer also reserves the right to connect with, maintain and make use of the above which from time to time be in or along the streets and roads or other areas of the properties. In addition, the Developer and any Selling Agent, retained by Developer, reserves the right to continue to use the properties in its effort to market Lots on the Properties for so long as there are any Unsold Lots remaining in the Development. Developer further reserves the right to maintain upon the properties such facilities as may be required, convenient or incidental for the completion of its work under Section 1 above including without limitation, a business office, storage area, construction trailers, 90nstruction equipment and supplies, for solong as there are any Unsold Lots remaining in the Development and with the approval of the Town of Southold. Developer further reserves the right to place permanent signs, fencing and walls on lots of his choice, provided such structures do not interfere with the reasonable use of the lot and ~ v -- v with the approval of the Town of Southold. be amended without the written consent of Town of Southold. This Paragraph may not the Developer and the SECTION 4. Encroachments of Lots or Common area. In the event that any portion of any roadway, walkway, parking area, driveway, water lines, sewer lines, drainage lines, electric and gas meters, uti I i ty lines, sprinkl er system, fences, bui lding or any other structure as originally constructed by Developer encroaches on any Uni t or Lot or the Common Areas, it shall be deemed that the Property Owner of such Lot has granted a perpetual easement to the Property Owner of the adjoining lot for the continuing maintenance, replacement and use of such encroac6ment. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. SECTION 5. Easement for Emergency Access. Developer does hereby establ ish an easement of ingress and egress over roadways, any parking areas and all Common Areas in the Development for the benfit of all emergency vehicles and personnel. ARTICLE III. CONSTRUCTION REQUIREMENTS FOR UNITS ON LOTS SECTION 1. Approval of Construction Plans. All plans for the construction of any building and/or structure, or modification thereto, and the facing upon the plot must be presented to and approved in writing by the Developer, its successors or assigns, prior to the submission of same to the Town of Southold Planning Board as long as the Developer owns any Unsold Lots or Common Areas. Such approal shall not be unreasonably withheld. SECTION 2. painting and commencement Time for completion. All exterior construction, grading shall be completed within one (1) year after of construction. SECTION 3. Road Maintenance Deposit. For so long as the Developer has posted with the Town of Southold security for the continued maintenance of the common areas, upon the issuance of a building permit to Owner or Tenant for the construction of improvements to the lot, owner shall deposit with the Developer, or his attorney, a sum of money (not to exceed Ten Thousand Dollars) to be set by the developer, or such other security acceptable to developer. The purpose of such deposit is to guarantee to the developer that the owner will repair any and all damage to the common areas caused by construction on the lots. Said deposit shall be returned upon he completion of all site improvements on the lot and inspection by the developer, less the actual cost of the repair to the common areas. ARTICLE IV. USE OF PROPERTY SECTION 1. The use of the lot and any improvement thereon shall be subject to the following rules, regulations and provisions of this declaration: -- v o (a) The Lot, and any restricted to the owner's and overall appearance. uni t improved thereon, and any area use shall be maintained in good repair (b) No nuisances shall be allowed upon the properties. (c) No improper, offensive or unlawful use shall be made Properties nor any part thereof, and all valid laws, ordinances, the regulations of all governmental bodies jurisdiction thereof, shall be observed. of the zoning having (d) No property owner shall move, remove, add or otherwise change the landscaping of the Buffer Area ~ithout consent of the Developer and the Southold Town Planning Board. The Buffer Area shall be used for vegetation only. The Buffer Area may not be used for storage of any nature or for any other purpose. The landscaping in the Buffer Area as shown on each lot shall be maintained by each Owner. ARTICLE V. ACCESS TO PROPERTY. (a) The access for all lots located at the end of a cul-de-sac (Lots 3, 4, 7 and 8, as shown on the Map dated January 10, 1992) shall be designed at such time as the individual lots are developed and in such a manner as to provide additional turning area for tractor trail er trucks, subject to Southold Town Planning Board site Plan approval of the development on the individual lots. All parking shall be provided on site for each lot. (b) Parking is to be prohibited in all cul-de-sacs. (c) No lot shall have direct access onto Depot Lane or County Road 48. All access shall be from Corporate Road and Commerce Drive. Cd) In the event adjacent parcels are developed prior to the dedication of the Common Areas to the Town of Southold, "Commerce Drive" shall provide access to the adjacent property owned, now or formerly by Mildred Goodwin and a tap road "Corporate Road" shall provide future access to the property owned, now or formerly, by Frank McBride, subject to approval of the Developer. ARTICLE VI. DURATION AND AMENDMENT (a) These Covenant and Restrictions shall run with the land and shall inure to the benefit of, and be enforceable by, the owner. The within Declaration cannot be annulled, waived, changed or modified unless and until approval by a resolution of a majority of the Planning Board of the Town of Southold. (b) Notwithstanding any prov~s~on contained her~in to the contrary, no amendment, modification, addition or deletion to this declaration shall be effective in any way against the Developer or its designee or any unsold lot, unless Developer has given its prior written consent thereto. ,,",, ~ y (c) Developer hereby reserves the right to amend, modify, add to or delete from this declaration at any time without the requirement of obtaining the approval, consent or signature of any owner for the purposes of making any technical correction or additions or any changes that do not materially and adversely affect the property owners. Such amendment, modification, addition or deletion of, to or from this declaration, duly executed, in form for recording, shall be recorded by declarant against the property and therefore subject to this declaration. Any such amendment, modification, addition to or deletion from this declaration shall be subject to the approval of the Southold Town Planning Board as stated in Article X. . ARTICLE VII. NOTICES. Any notices required to be sent to any Member or Property Owner under to provisions of this Declaration shall be deemed to have been properly sent when mailed, by certified mail return receipt requested, to the last known address of the person appearing on record with the Southold Town Assessor's records. ARTICLE VIII. SEVERABILITY Invalidation of any of the covenants, limitations or prOV~Slons of this declaration by judgment or cour order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. ARTICLE IX. MAINTENANCE (a) Developer shall maintain to specifications of the Town of southold Planning Board the roads and recharge basins within the development until such time as dedication of these areas is made to the Town of Southold. (b) Developer shall maintain to specifications of the Town of Southold Planning Board, specifically the planting schedule shown on the site/subdivision plan, including the Buffer Area not included in the individual lots, the additional "planting areas" and the street trees which are both wi thin and outside the right-of- way boundaries until such time as dedication of these areas is made to the Town of Southold. (c) Developer shall maintain the sign to be located within the designated sign area until such time as title to all lots are conveyed. ARTICLE X. RESTRICTIONS. SOUTHOLD TOWN ENFORCEMENT OF COVENANTS AND The Declarant grants the continuing right in perpetuity to the Town of Southold to inspect, enforce, and take all appropriate legal action with respect to the continued compliance with said Covenants. 1'.... V ,:> These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. TIDE GROUP, INC. . BY: HENRY E. RAYNOR, PRESIDENT STATE OF NEW YORK) :ss) COUNTY OF SUFFOLK) On this day of January, 1997, before me personally came Henry E. Raynor,Jr., to me known, who being by me duly sworn did depose and say that he resides at 275 Cardinal Drive, Mattituck, New York, that he is the President of the Tide Group, 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 Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public -. PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE R1TCffiE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS :) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 22, 1997 Henry Raynor P.O, Box 1459 Mattituck, New York 11952 RE: Major Subdivision North Fork Industrial Park (Tide Group Inc.) SCTM# 1000-96-1-1 Dear Mr. Raynor: Please find the following in regard to the draft Declaration of Covenants and Restrictions which was submitted to the Planning Board on January 7, 1997. I have enclosed a copy of the draft on which I have numbered the pages and marked the specific paragraphs for easy reference. Page 1, Paragraph 3 This sentence must be clarified since the Declaration prior to the Planning Board granting final approval. will be filed , /.10 Page 3, Article II, Section 3 This paragraph must be clarified. Business offices, storage areas, " etc. are not allowed without approval from the Planning Board and ,",~~' Building Department. The same holds true for permanent signs, , fencing and walls. The last sentence of this paragraph must include that amendments must be approved by the Planning Board. Page 3, Section 4. .y Clarify the meaning of "light standards" \\'I'V Page 4, Article V. Add to Article: All parking shall be provided on site for each lot. j ~ f....> There shall be no display of products in any parking area. Add to (c): All access shall be from Corporate Road and Commerce Drive:1 Paragraph (d): Omit the word "compensated". Page 4, Article VI The paragraph included in this section must be located at the end of the document. ~ .'" --.. ) Tide Group Page 2 January 22, 1997 In addition, the following paragraph must be at the end of the document: That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. /(, V,J '1- Page 5, Article VII Paragraph (a): The Declaration must be' automatically continued. There should not be I an expiration date. The second sentence of this paragraph is to be omitted. The following .j sentence is to be added in its place: That the within Declaration ~~rX' cannot be annulled, waived, changed or modified, unless and until '; ,,'.' approval be a resolution of a majority of the Planning Board of the \- Town of Southold. Paragraph (c): All changes, etc. to document are subject to Planning Board approval as mentioned in "Page 4, Article VI" above. Page 6, Article X Paragraph (a): The type of maintenance must be clarified, 1. e. maintain in what condition, snow plow, etc. Paragraph (b): The buffer area exists on individual lots. The proposal does not include dedicating this land to the Town. In addition, this section conflicts with Article IV (d) which states that the buffer area shall be maintained by each lot owner. This section must specify which areas are to be maintained by the developer and which: areas are to be maintained by the individual lot owners. In addition, the type of maintenance must be described. Paragraph (c): This sates that the sign is to be maintained by the Property Owners. Since there is no Property Owners Association, this section must be clarified. The Declaration must be revised as outlined above and re-submitted for review. Please contact this office if you have any questions regarding the above. Si:~; : M'll('~ f.#,hSI,.." e Issa Ph' Planner ene. --. ~) DECLARATION OF COVENANTS AND RESTRICTIONS FOR NORTH FORK INDUSTRIAL PARK . C"~" Declaration made as of th~s 1 day of l:lcC;:.M 86~ , 1996, by the Tide Group Inc., a New York corporation with offices at 320 Love Lane, Mattituck, New York 11.952 (herein referred to as "Developer" or "Declarant"). WITNESSETH WHEREAS, Developer is the owner in fee simple of certain premises situate at Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 96, Block 1, Lot 1, and as more fully described in Schedule A. WHEREAS, the Southold Town Planning Board, by resolution made on S I granted final subd,ivision plat approval of the ""d'4f'" property described in Schedule A, as shown on a Subdivision Map of '"3 North Fork Industrial Park, for 8 lots on 29.11 acres, located in the Light Industrial Park/Planned Office Park (LIO)District. NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Schedule A is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on the Filed Map of the property in the SUffolk County Clerk's Office and including the internal roadways, open space and drainage areas until such time as they are accepted for dedication by the Town of Southold. . (b) "Declaration" shall mean and refer to this Declaration of Covenants and Restrictions, as the same may from time to time be amended. (c) "Developer" shall mean and refer to the Tide Group Inc., and its successors and assigns, including without limitation, any mortgage which has foreclosed or acquired by other means the interest of the Developer. (d) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial uses shown on the Filed Map of the Properties filed in the SUffolk County Clerk's Office but shall not CD .. ,..-, ',j include the Common Areas. (e) "Property Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any unsold Lot. (f) "Unsold Lot" shall mean and refer to any Lots owned by the Developer and any successor or assigns until such time as the same have been sold to a third party. ARTICLE II DEVELOPMENT OF Tm: NORTH FORK INDUSTRIAL PARK SECTION 1. The Tide Group Inc. Subdivision. Developer intends to improve eight (8) Lots, roadways, drainage, and other improvements to the Common Areas on the parcel of land as described in Schedule A consisting of approximately 29 acres. ' . SECTION 2. Easement. Developer does hereby establish and create for the benefit of all Property Owners from time to time of Lots subject to this Declaration and its permitted occupants of Units improved on said lots and their heirs and assigns and does hereby give, grant and convey to each of the' aforementioned, the following easements, licenses, rights and privileges: (i) Right-of-way for ingress and egress by vehicles or on foot, in through, over, under, upon, and across the streets and roads in the properties (as shown on the Filed Map and any changes as they may be built or relocated in the future for all pUrposes: (ii) Right to connect with,maintain and make use of utility lines, wires,pipes, conduits, cable television lines, sewers, and drainage lines which may from time to time be in or along the streets and roads or other areas of the Property. SECTION 3. Reservation of Easement. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across properties, for the purpose of completing all construction and work under Section :1 above and tow~rds this end, reserves the right to grant and ,r~serve easements and right~of-way in through, over, under and: across the properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion and maintenance of the work. Developer also reserves the right to connect with, maintain and make use of the above which from time to time be in or along the streets and roads or other areas of the properties. In addition,the Developer and any Selling Agent, retained by Developer, reserves the right to continue to use the properties in its effort to market Lots on the Properties for so long as there are any Unsold Lots remaining in the Development. Developer further reserves the right to maintain upon the Properties such facilities as may be required, convenient or incidental for the completion o~ its work under ,~, Q) /^' ""'" ,1 Section 1 above including, without limitation,a business office, storage area , construction trailers. construct ion eqJl i pmpnt and sup lies, for so long as there are an Unsold Lots remain in in e Deve opmen. Develo er u er reserves the ri ht to place permanent s~ s, fenc~ng and walls on lots of his choice ro suc s ructures do not ~n er ere w~ e reasonable use of the lot. This Paragraph may not be amended without the written consent or ~e Developer. SECTION <4. Encroachments of Lots or Common Area. In the event that any portion of any roadway,walkway,parking area,driveway,water lines,sewer lines,drainage lines , electric and gas meters,utilitys lines,sprinkler system,fencesL!ight standard~building or any other structure as originally constructed by Developer encroaches on any Uni t or Lot or the Common Areas, it shall be deemed that the Property OWner of such lot has granted a perpetual easement to the Property Owner of the adjoining Lot for the continuing. maintenance,replacement and use ~. such encroachment. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. SECTION 5. Easement for Emergency Access. Developer does hereby establish an easement of ingress and egress over the roadways, any parking areas and all Common Areas in the Development for the. benefit of all emergency vehicles and personnel. ARTICLE III CONSTRUCTION REQUIREMENTS FOR UNITS ON LOTS SECTION 1. Approval of Construction Plans. All plans for the construction of any building and/or structure, or modification thereto, and the facing upon the plot must be presented to and approved in writing by the Developer, its successors or assigns, prior to the Submission of same to the Town of Southold Planning Board as long as Developer owns any Unsold Lots or Common Areas. Such approval shall not be unreasonably withheld. SECTION 2. Time for completion. All exterior construction, painting and grading shall be completed within one (1) year after co~encement of construction. SECTION 3. Road MAintenance Deposit. For so long as' the Developer has posted with the Town of Southold security for the continued maintenance of the common areas, upon the issuance of a building permit to Owner or Tenant for the construction of improvements to the lot, owner shall deposit with the Developer, or his attorney, a sum of money (not to exceed $10,000 dollars) to be set by the developer, or such other security acceptable to developer. The purpose of said deposit is to guarantee to .the developer that the owner will repair any and all damage to the common areas caused by construction on the lots. Said deposit shall be returned upon the completion of all site improvements on the lot and inspection by the developer, less the actual cost of the repair to the common areas. . ~ @ " /"' r""., , , ,/ ARTICLE IV. USE OF PROPERTY SECTION 1. The use of a lot and any improvement thereon shall be subject to the following rules,regulations and provisions of this declaration: (a) The Lot, and any Unit improved thereon, and any area restricted to the owner's use shall be maintained in good repair and overall appearance. (b) No nuisances shall be allowed upon the properties. (c) No improper, offensive or unlawful use shall be made Properties nor any part thereof, and all valid laws, ordinances, the regulations of all governmental bodies jurisdiction thereof, shall be observed. of the zoning having . (d) No property owner shall move, remove, add, or otherwise change the landscaping of the Buffer Area without consent of the Developer and the Southold Town Planning Board. The BUffer Area shall be used for vegetation only. The BUffer Area may not be used for storage of any nature or for any other purpose. The landscaping in the Buffer Area as shown on each lot shall be maintained by each Owner. ARTICLE V. ACCESS TO PROPERTY (a) The access for all lots located at the end of a cUl-de-sac (Lots 3,4,7 and 8 ,as shown on the Map dated January 10,1992) shall be designed at such time as the individual lots are developed and in such a manner as to provide additional turning area for tractor trailer trucks, subject to Southold Town Planning Board Site Plan approval of the development on the individual lots. (b) Parking is to be prohibited in all cUl-de-sacs. (c) No lot shall have direct access onto Depot Lane or County Road 48..1 I -r' (d) In the event adjacent parcels are developed prior to the dedication of the Common Areas to the Town of Southold, "Commerce Drive" shall provide access to the adjacent property owned,now or formerly, E Mildred Goodwin and a tap road "Corporate Road" shall provide (j:e p~s~ED fu~ure access to the property owned, now or formerly, y ra McBr~de. ARTICLE VI. RESTRICTIONS SOUTHOLD TOWN' Em'ORCEMENT OF COVENANTS AND The declarant grants the continuing righ"t in perpetuity to the Town 7 of Southold to inspect, enforce, and take all appropriate legal ) (0 ",'..' " I action with respect to the continued compliance with said Covenants. ARTICLE VII DORATIOH AND AHEHDHEft (al These Covenants and Restrictions shall run with the land and shall inure to the benefit of, and be enforceable by, the owner until December 31,2060. Notwithstanding the foregoing, said declarations may be abrogated by unanimous written consent of all t:lle OwneL-" . . (bl Notwithstanding any provision contained herein to the contrary, no amendment,modification, addition or deletion to this declaration shall be effective in any way against Developer or its designee or any unsold lot, unless Developer has given its prior written. consent thereto. (cl Develnnp: hereby reserves the right to amend, modify, add to or delete from this declaration at any time without the requirement of obtaining the approval, consent or signature of any owner for the purpose of making any technical correction or additions or any changes that do not materially and adversely affect the property owners. Such amendment, modification, addition or deletion of, to or from this declaration, duly executed, in form for recording, shall be recorded by declarant against the property and therefore subject to this declaration. ~ AR~ICLE VIII NO~ICEB. Any' notices required to be sent to any Member or Property Owner under t:lle provisions of this Declaration shall be deemed to have been properly ~ent when mailed, by certified mair return receipt 'requested, to the last known address of the person appearing on record with the Southold Town Assessor's records. AR~ICLE IX SEVERABILI~Y Invalidation of any of the covenants, limitations or provisions of this declaration by jUdgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. . (ff) -,,- ,,,~,.. ",I ARTICLE X MAINTENANCE (a) Developer shall ~i~) the roads and recharge basins within the development until such time as dedication of these areas is made to the Town of Southold. ~ (b) Developer shall maintain'the landscaping, including the buffer area, the additional ~ng areas" and the street trees which are both within and outside the right-of-way boundaries until such time as dedication of these areas i~ m~de to the Town of Southold. ( c) Developer shall maintain the sign to be I ocated within the designated sign area unti I such time as ti tl e to all lots are conveyed. After such time, the maintenance of the sign shall be the responsiblity of the Property Owners. TIDE GROUP INC. BY: HENRY E. RAYNOR, PRESIDENT STATE OF NEW YORK) :ss) COUNTY OF SUFFOLK) On this day of January, 1997, before me personal I y came Henry E. Raynor, Jr., to me known, who being by me duly sworn did depose and say that he resides at 275 Cardinal Drive, Mattituck, New York, that he is the President of the Tide Group, Inc" the corporation described in and which executed the foregoing ~nstrument; that he knows the seal of said co~qration; 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. Notary Public . C0 i 1 j . b :,) ..:;uu:: M5 320 Love Lane Mattituck, NY 11952 January 7, 1997 Southold Town Planning Board Main Road Southold, NY 11971 RE: The Tide Group, Inc. - industrial subdivision at Cutchogue Dear Sirs: Enclosed please find the covenants and restrictions for the Tide Group, Inc. industrial subdivision at County Road 48, Cutchogue, New York, as per your request. We understand these covenants will be reviewed by the Town Attorney. If they meet with the Town Attorney's approval, you will advise us of same and we will file them at the County Clerk's Office and return a conformed copy to you. Should you have any questions, please contact me at 298-8420. Sincerely, ~~~l!~ HR:ml Ene. --""'-"-'(\:--;-';:'~ ...,.-:;- '0) ~ \' \.1 I~ In 1. \'1 \'- !r 11 \J 1..-,\\\0, , ,\ IYJ L,....:.......,~=- I i 1, t'. ,.,.,:...~~".;'-_.~'- .:;~ \\ \\ \~N 9 \991, ~ ~~.; ". , '" .......'\ ) DECLaRATXON OF COVENANTS AND RESTRXCTXONS FOR NORTH FORK INDUSTRIAL PARK Declaration made as of this '1~"day of ~EC.~'" 8~R. , 1996, by the Tide Group Inc., a New York corporation with offices at 320 Love Lane, Mattituck, New York 11952 (herein referred to as "Developer" or "Declarant"). WITNESSETH WHEREAS, Developer is the owner in fee simple of certain premises situate at Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 96, Block 1, Lot 1, and as more fully described in Schedule A. WHEREAS, the Southold Town Planning Board, by resolution made on granted final sub~vision plat approval of the property described in Schedule A, as shown on a Subdivision Map of North Fork Industrial Park, for 8 lots on 29.11 acres, located in the Light Industrial Park/Planned Office Park (LIO) District. NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Schedule A is. and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DBFXNXTXONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on the Filed Map of the property in the Suffolk County Clerk's Office and including the internal roadways, open space and drainage areas until such time as they are accepted for dedication by the Town of Southold. (b) "Declaration" shall mean and refer to this Declaration of Covenants and Restrictions, as the same may from time to time be amended. (c) "Developer" its successors mortgage which interest of the shall mean and refer to the Tide Group Inc., and assigns, including without limitation, has foreclosed or acquired by other means Developer. and any the (d) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial uses shown on the Filed Map of the properties filed in the Suffolk County Clerk's Office but shall not ,.. ,'"" I\../ '"'" I include the Common Areas. (e) "property Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any unsold Lot. (f) "Unsold Lot" shall mean and refer to any Lots owned by the Developer and any successor or assigns until such time as the same have been sold to a third party. ARTICLE II DEVELOPMENT 01' THE NORTH 1'0lUt INDUSTRIAL PARK SECTION 1. The Tide Group Inc. Subdivision. Developer intends to improve eight (8) Lots, roadways, drainage, and other improvements to the Common Areas on the parcel of land as described in Schedule A consisting of approximately 29 acres. . SECTION 2. Easement. Developer does hereby establish and create for the benefit of all Property Owners from time to time of Lots subject to this Declaration and its permitted occupants of Units improved on said lots and their heirs and assigns and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: (i) Right-of-way for ingress and egress by vehicles or on foot, in through, over, under, upon, and across the streets and roads in the properties (as shown on the Filed Map and any changes as they may be built or relocated in the future for all purposes: (ii) Right to connect with, maintain and make use of utility lines,wires,pipes, conduits, cable television lines, sewers, and drainage lines which may from time to time be in or along the streets and roads or other areas of the Property. SECTION 3. Reservation of Easement. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through,over,under,upon and across properties, for the purpose of completing all construction and work under section 1 above and tow~rds this end, reserves the right to grant and reserve easements and right-of-way in through, over, under and across the properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water,sewer,drainage,cable television, gas and other utilities and for any other materials or services necessary for the completion and maintenance of the work. Developer also reserves the right to connect with, maintain and make use of the above which from time to time be in or along the streets and roads or other areas of the properties. In addition, the Developer and any Selling Agent, retained by Developer, reserves the right to continue to use the properties in its ,effort to market Lots on the Properties for so long as there are any Unsold Lots remaining in the Development. Developer further reserves the right to maintain upon the Properties such facilities as may be required, convenient or incidental for the completion o( its work under ,."" (,~ :> section 1 above including, without limitation, a business office, storage area, construction trailers, construction equipment and supplies, for so long as there are any Unsold Lots remaining in the Development. Developer further reserves the right to place permanent signs, fencing and walls on lots of his choice, provided such structures do not interfere with the reasonable use of the lot. This Paragraph may not be amended without the written consent of the Developer. 8EC'l'XON .c. Encroachments of Lots or Common Area. In the event that any portion of any roadway, walkway, parking area , driveway, water lines, sewer lines,drainage lines, electric and gas meters, utility lines, sprinkler system, fences, light standards, building or any other structure as originally constructed by Developer encroaches on any Unit or Lot or the Common Areas,it shall be deemed that the Property owner of such lot has granted a perpetual easement to the Property Owner of the adjoining Lot for the continuing maintenance, replacement and use of'such encroachment. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. 8ECTXON 5. Easement for Emergency Access. Developer does hereby establish an easement of ingress and egress over the roadways, any parking areas and all Common Areas in the Development for the. benefit of all emergency vehicles and personnel. ARTXCLE XXX CONSTRUCTXON RBQUXREMENTS FOR UNITS ON LOTS SECTXON 1. Approval of Construction Plans. All plans for the construction of any building and/or structure, or modification thereto, and the facing upon the plot must be presented to and approved in writing by the Developer, its successors or assigns, prior to the submission of same to the Town of Southold Planning Board as long as Developer owns any Unsold Lots or Common Areas. Such approval shall not be unreasonably withheld. 8ECTXON 2. Time for completion. All exterior construction, painting and grading shall be completed within one (1) year after co~encement of construction. 8EC'l'XON 3. Road Maintenance Deposit. For so long as the Developer has posted with the Town of Southold security for the continued maintenance of the common areas, upon the issuance of a building permit to Owner or Tenant for the construction of improvements to the lot, owner shall deposit with the Developer, or his attorney, a sum of money (not to exceed $10,000 dollars) to be set by the developer, or such other security acceptable to developer. . The purpose of said deposit is to guarantee to xhe developer that the owner will repair any and all damage to the comm~n areas caused by construction on the lots. Said deposit shall be returned upon the completion of all site improvements on the lot and inspection by the developer, less the actual cost of the repair to the common areas. .. " , o . ARTXCLB xv. USB OF PROPERTY SECTXON 1. The use of a lot and any improvement thereon shall be subject to the following rules, regulations and provisions of this declaration: (a) The Lot, and any unit improved thereon, and any area restricted to the owner's use shall be maintained in good repair and overall appearance. (b) No nuisances shall be allowed upon the properties. (c) No improper, offensive or unlawful use shall be made Properties nor any part thereof, and all valid laws, ordinances, the regulations of all governmental bodies jurisdiction thereof, shall be observed. of the zoning having . (d) No property owner shall move, remove, add, or otherwise change the landscaping of the Buffer Area without consent of the Developer and the Southold Town Planning Board. The Buffer Area shall be used for vegetation only. The Buffer Area may not be used for storage of any nature or for any other purpose. The landscaping in the Buffer Area as shown on each lot shall be maintained by each Owner. ARTXCLB V. ACCESS TO PROPERTY (a) The access for all lots located at the end of a cul-de-sac (Lots 3,4,7 and 8 ,as shown on the Map dated January 10,1992) shall be designed at such time as the individual lots are developed and in such a manner as to provide additional turning area for tractor trailer trucks, subject to Southold Town Planning Board site Plan approval of the development on the individual lots. (b) Parking is to be prohibited in all cul-de-sacs. (c) No lot shall have direct access onto Depot Lane or County Road 48. (d) In the event adjacent parcels are developed prior to the dedication of the Common Areas to the Town of Southold, "Commerce Drive" shall provide access to the adjaceI\t property owned, now or formerly, by Mildred Goodwin and a tap road "Corporate Road" shall provide compensated future access to the property owned, now or formerly, by Frank McBride. ARTICLE VI. RESTRXCTXONS SOUTHOLD TOWN ENFORCEMENT Op COVENANTS AND The declarant grants the continuing rig~ in perpetuity to the Town of Southold to inspect, enforce, and take all appropriate legal ,..... '-.J' :> action with respect to the continued compliance with said Covenants. ARTICLB VII DURATIOIJ AIJI) AHEIIDHBIJT (a) These Covenants and Restrictions shall run with the land and shall inure to the benefit of, . and be enforceable by, the owner until December 31,2060. Notwithstanding the foregoing, said declarations may be abrogated by unani~ous written consent of all the owners. . (b) Notwithstanding any provision contained herein to the contrary, no amendment, modification, addition or deletion to this declaration shall be effective in any way against Developer or its designee or any unsold lot, unless Developer has given its prior written. consent thereto. (c) Developer hereby reserves the right to amend,modify, add to or delete from this declaration at any time without the requirement of obtaining the approval, consent or signature of any owner for the purpose of making any technical correction or additions or any changes that do not materially and adversely affect the property owners. Such amendment, modification, addition or deletion of, to or from this declaration, duly executed, in form for recording, shall be recorded by declarant against the property and therefore subject to this declaration. ARTICLB VIII NOTICES. Any notices required to be sent to any Member or Property Owner under the provisions of this Declaration shall be deemed to have been properly ~ent when mailed, by certified mail return receipt 'requested, to the last known address of the person appearing on record with the Southold Town Assessor's records. ARTICLB IX SEVERABILITY Invalidation of any of the covenants, limitations or provisions of this declaration by judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. . ,,,,- ,,,,", :) ARTICLE X MAINTENANCE (a) Developer shall maintain the roads and recharge basins within the development until such time as dedication of these areas is made to the Town of Southold. (b) Developer shall maintain the landscaping, including the buffer area, the additional "planting areas" and the street trees which are both within and outside the right-of-way boundaries until such time as dedication of these areas is made to the Town of southold. (c) Developer shall maintain the sign to be located within the designated sign area until such time as title to all lots are conveyed. After such time, the maintenance of the sign shall be the responsiblity of the Property Owners. TIDE GROUP INC. BY: HENRY E. RAYNOR, PRESIDENT STATE OF NEW YORK) :ss) COUNTY OF SUFFOLK) On this day of January, 1997, before me personally came Henry E. Raynor, Jr., to me known, who being by me duly sworn did depose and say that he resides at 275 Cardinal Drive, Mattituck, New York, that he is the President of the Tide Group, 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 Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public . GEORGE RITCillE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS ~~ ~~~\lfFOL,f' C'.~ .." )Y~JI~~'. &;y<.;: ~ => :..<. Q . ~ ~cn :e~ ~ ~. ~N ~+h <;::,'t-/! ~Q.f oIL i-~J ~ "..""., PLANNING BOARD MEMB~ RICHARD G. WARD Chairman ...." Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 24,1996 Henry Raynor P.O. Box 1459 Mattituck, NY 11952 RE: Proposed major subdivision for North Fork Industriai Park SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resoiutlon was adopted by the Southoid Town Planning Board at a meeting held on Monday, December 23, 1996: BE IT RESOLVED that the Southold Town Planning Board grant a ninety (90l day extension of conditional final approval. Conditional final approval was granted on March 18, 1996. The 90-day extension will expire on March 18, 1997 uniess all conditions of approval have been fuifilled. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Sincerely, ~JJ i 4/;; Richard G, Ward ~ Chairman () c IiEI-ih.'{ E. nA "il-iGi\ PO BO~~ 145'] 320 :""O\;E LANE HA TTITUCK, N.Y. 119::;2 516-2'38-8420 516 - 298 2127 (FAX) DEC. IE., 199E. TO: SOUTHOLD TOWN PLANNING BOARD HAIN ROA[, SOUTHOLE', N.Y. 11971 RE: NORTH FORK INDUSTRIAL PARK ?i...EASE Ek'TENI:1 CONDITIONAL FINAL APPROVAL FOR THE AGOVE CAF7IONED SUBDIVISION. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. "~"f~ :'::L~ K "I"" AGENT FOR TIDE GROUP OOG: ~: I:' ~''''"'''''''''''--''--_::_~ ,""" \",00' PLANNING BOARD MEMBERS RICHARD G. WARD Chainnan GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS """ . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765.3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 1996 Henry Raynor P,O. Box 1459 Mattituck, New York 11952 RE: Major Subdivision North Fork Industrial Park (Tide Group Inc.) SCTM# 1000-96-1-1 Dear Mr. Raynor: Please find the following in regard to the above mentioned subdivision: 1. The 90-day extension of conditional final approval, which was granted on September 18, 1996, is due to expire on December 18, 1996. A written request for an additional 90-day extension is required. 2. Due to the fact that the proposed subdivision is for a commercial subdivision rather than a residential subdivision, the Planning Board has accepted your proposal for a security deposit in lieu of a Property Owners Association, as outlined in Pat Moore's letter of October 30, 1996. Therefore, the Planning Board is not requiring the incorporation of a Property Owners Association as required in Condition Number 5 of the March 18, 1996 conditional final approval. 3. The covenants and restrictions required by the Planning Board during the subdivision review were contained in a Declaration of Covenants, Restrictions, Easements, Charges and Liens, which '. contained information regarding the Property Owners Association also. Since the Property Owners Association requirement has been waived, the Declaration must be amended. A draft Declaration of Covenants and Restrictions must be submitted for the Planning Board's review. The Declaration must include: a) All covenants and restrictions required by the Planning Board during the subdivision review. b) Terms for maintenance of the roads and recharge basin. c) Terms for maintenance of all landscaping shown on the final subdivision plan. This includes the buffer area, the additional , "planting areas" and the street trees which are both within and''''' outside the right-of-way boundaries. d) Terms for maintenance of the sign to be located within the designated sign area. "- - """'I ,> ~ North Fork Industrial Park December 13, 1996 Page 2 4. The Private Well Covenants note that there shall be no conveyance or building construction on lots 1, 2, 5 and 6 until standards for water quality are met for each lot in accordance with the standards for private water systems of the Suffolk County Department of Health Services. This restriction must be noted on the final map. Please refer to the Planning Board's letter of March 19, 1996, for additional information pertaining to the items required to complete the subdivision. Please call me if you have any questions regarding the above. Sin~erelY: t:7 ( ~~ Planner ....;~~.. RAYMOND L. JACOBS Superintendent r' ~ ~ ~ ;16 t1P Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 734-5211 November 12, 1996 Melissa Spiro, Planner Southold Town Planning Board Main Road Southold, New York 11971 Re: North Fork Industrial Park SCTM# 1000-96-1-1 Dear Ms. Spiro: I have reviewed the map and bond estimate enclosed with your letter dated November 6. The amount of $50,000.00 is sufficient for many future years of maintenance within the subdivision for roads and drainage. R.~llY , Raym~ L. Jacobs Superintendent of Highways cc: J. Richter iL..:p !~ J\:! .J1-1 ! ['1'\ ." iU" i NOV I 31996 ; ~i i l SOLiTHOlD 1O\/d.. ' _~L;;;;;f:;-j__J "'".'.'.... :J:::.ez~~ yf"", ~UFFOL.t "'~ <Y ss." '"(2 c~ "'~ ~."' )'10..;:, , -'1. '" V =::t ~~. ::3 Cl .. ': ~"" :;e.~ '~'.~. ~""..f +..b ~ > '''OJ + ~~,.jf ~~ ....... y Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 P~NGBOARDMEMB~ RICHARD G. WARD Chainnan GEORGE RITCHIE LATHAM, JR BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Tv Ra~~acobs, Superintendent of Highways Melissa Spiro, Planner ft:( Major Subdivision North Fork Industrial Park (Tide Group Inc.) Northeast corner of Middle Road and Depot Lane SCTM# 1000-96-1-1 FROM: RE: DATE: November 6, 1996 Dn March 18, 1996, the Planning Board granted conditional final approval to the above mentioned commercial subdivision. One of the conditions of approval required that the applicant form a Property Owners Association for ownership and maintenance of the roads and drainage area. The applicant intends to construct the road and drainage area and to then offer the roads for dedication to the Town. However, since there will not be any assessed value on the land, the Town will not be able to accept the dedication offer. The applicant has proposed to guarantee maintenance of the roads and drainage area with an irrevocable letter of credit in the amount of $50,000.00, in lieu of forming a Property Owners Association. The Letter of Credit would be presented when the roads and drainage area are accepted as complete and would be released when the roads and drainage area are accepted for dedication. The time frame between the construction being complete and acceptance of the road dedication is unknown since as of this date the individual lots have not yet been sold. Thus, it could potentially be years before the required assessed value is met. The bond estimate prepared by Jamie Richter and adopted by the Planning Board is in the amount of $405,295.00. Is $50,000 a satisfactory amount to guarantee maintenance of the roads and drainage area for an unknown period of time? Thank you for your assistance in this matter. Please call if you require any additional information or have any further questions. . Fax. (516)-765-1750 ~b'l ~ (:)5 ]Jn1ES A. RICHTER, R.A. Iff: RAYMOND L. ]A~OBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT ENGINEERING INSPECTOR PECONIC LANE, PECONIC, N.Y. Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR THE TIDE GROUP - CORBY PARK AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000-96-01-01 FEBRUARY 23, 1996 ITEM OUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 2.5 ACRE CLEARING & GRUBBING S 2,500.00 $ 6,250.00 2. 4,200 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 6.00 25,200.00 3. 11,200 C.Y. EXCAVATION AT RECHARGE BASIN 2.00 22,400.00 4. 60 L. F. SAW-CUT 3.00 180.00 5. 4,300 L. F. CONCRETE CURBING 10.00 43,000.00 6. 6,300 S.Y FINE GRADING 1. 50 9,450.00 DRAINAGE: 7. 8 EACH CATCH BASINS 2,000.00 16,000.00 8 . 1 EACH MANHOLE 2,000.00 2,000.00 9. 1 EACH HEAD-WALL & APRON 2,000.00 2,000.00 10. 1 EACH LEACHING BASIN W/ C.I. GRATE (8' Dia. X 12 'd.) 2,500.00 2,500.00 11. 93 L. F. 30" Dia. CMP 30.00 2,790.00 12. 495 L. F. 24" Dia. CMP 25.00 12,375.00 13. 395 L. F. 18" Dia. CMP 20.00 7,900.00 SURFACING: 14. 1,200 TONS 3/4" STONE BLEND BASE 25.00 30,000.00 15. 950 TONS BINDER COURSE ASPHALT 40.00 38,000.00 16. 1,050 TONS WEARING COURSE ASPHALT 40.00 42,000.00 17. 30 L. F. GUARD RAIL 20.00 600.00 18. 780 L. F. CHAIN LINK FENCE 25.00 19,500.00 19. 1 EACH CHAIN LINK GATE 1,000.00 1,000.00 Page 1. of 2. r:CH .I 3 (""" ~W 2 .= c :) Page 2 of 2 BOND ESTIMATE FOR THE TIDE GROUP CONTINUED: CORBY PARK AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000-96-01-01 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. FEBRUARY 23, 1996 8 EACH CONCRETE DRIVEWAY APRONS 1,000.00 8,000.00 4 EACH STREET LIGHTS 2,000.00 8,000.00 158 EACH STREET TREES 200.00 31,600.00 SCREEN PLANTING 84 EACH RED SPRUCE 150.00 12,600.00 84 EACH WHITE PINE 150.00 12,600.00 9,500 S.Y. TOPSOIL & SEED 2.50 23,750.00 12 EACH CONCRETE SURVEY MONUMENTS 100.00 1,200.00 7 EACH STREET SIGNS 200.00 1,400.00 1 EACH FIRE WELL 20,000.00 20,000.00 JOB MAINTENANCE & PROTECTION OF TRAFFIC 3,000.00 SUB-TOTAL $ 405,295.00 + 6% ADMINISTRATION FEE $ 24,317.70 TOTAL $ 429,612.70 o o ~ t".8 ;'115 PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 Margaret Rutkowski Secretary Mr. Dick Ward Chairman, Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 October 30,1996 rn ~ ~ ~.-rW-~ 11',1 D I II !! I NOV I 1996 \ l.:J \ I I SOUTHOLO TOWN I PLANNING BOARO ._! RE: North Fork Industrial Park (Tide Group Inc.) Subdivision Dear Chairman Ward: Thank you for the opportunity to meet with your board. In accordance with our discussions at your October 30th Work Session, we discussed the conditional final approval of the above referenced subdivision which requires the following: condition 5. "A copy of the Article of Incorporation for the Property Owners Association must be submitted. In addition, the deeds showing the transfer of title of the common areas to the Property Owners Association must be submitted." We strenuously oppose this condition for the various reasons discussed. However, the Tide Group Inc. proposes that rather than placing the above condition on final subdivision approval, The Tide Group Inc. will guarantee maintenance of the roads and drainage from the date in which the Town Engineer accepts the completed improvements to such time as they are accepted for dedication by the Town with an appropriate amount of security. The security which we offer will be in the form of an irrevocable letter of credit in the amount of $50,000.00. You are holding the map until the roads are completed. Once the roads are completed, the Planning Board will be in a better position to decide whether security is needed (i.e., If construction has begun on a lot and the Town is prepared to accept the roads than the maintenance bond may not be necessary). Our offer to post the above described security stands, the necessity o o for such security is your decision to be made at the appropriate time. In the event that the roads and drainage can not be dedicated after they are completed, the letter of credit will be held by the Town and can not be discharged until the Town Board, with the recommendation of the Planning Board, releases the security. It is my understanding that you will forward this proposal to your Town Engeneer with regard to the approximate cost of maintenance of the improved and completed road. Thank you for your consideration, ~rs. Patricia C. Moore cc: Tide Group Inc. . PLANNING BOARD MEMB( .- RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS - :.':",~:"'.~~~ . .;:~~\lfFOl.r 'c>", ',/~.\;. C'G?~.\ :/~ . -~.~ :~ 0 . :-t'- ,~ t:~ ;eEJ ':\.~. : ~~J "~ . ~ y ~(jJ -+ t~) ~~--.::.:~~J'-'- "'" .,j Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fa.x (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 1996 Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Proposed major subdivision for North Fork Industrial Park SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1996: BE IT RESOLVED that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on March 18, 1996. The 90 day extension will expire on December 18, 1996 unless all conditions of approvai have been fuifilled. Please contact this office if you have any questions regarding the above. /;..,// / '/// ,/[,,,":/,- '" .. I Richard G. Ward/'!\ Chairman Sincerely, ~/ 1/ , ;' - i"J'/'k:,v '" . ,. ............._,.w.____,.~....,.,_'..___-~ f" --Q... SERVI"TIIR@ - -- fICo1\{ ~ Ne;NR.! R.A1rJO~ ~ '. -,r])f;~~ (OtJ7VSi: Clu.d-~ j{ c:1/3/7 ~ ~~ AUG 3 0 Ji.....". , ~jcj ! ;~j'[ I/P{'( L / 6 o TIDE GROUP INC BOX 1459 MATTITUCK, NEW YORK 11952 AUG. 26, 1996 MR. RICHARD WARD, CHAIRMAN SOUTHOLD TOWN PLANNING BOARD TOWN HALL SOUTHOLD, N.Y.11971 RE: TIDE GROUP INC. DEAR MR. WARD: I AM REQUESTING THE EXTENSION OF MARCH 18, 1996 RESOLUTION OF APPROVAL FOR THE ABOVE CAPTIONED SUBDIVISION IN ORDER TO TRY AND COMPLETE THE CONDITIONS OF APPROVAL FROM THE PLANNING BOARD. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. YOURS TRULY, ;:;;:;.5;:t'1:r ~. ,- -.; ~_ i ~ ff? yveS o o .ftI/JF It; f1~ PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 lmgust 22,1996 Margaret Rutkowski Secretary Mr. Dick Ward Chairman, Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 \ r~ [fil r~ n Wi f"( ~ )', l ~~2,,,"!2....."U..~..:;7~~ : ! ,~-; . . ), .<, .( IUU L;G 16 Iq~ RE: North Fork Industrial Park (Tide Group Inc.) Subdivision Dear Chairman Ward: In accordance with my meeting with your board at your August 19th Work Session, we discussed the conditional final approval of the above referenced subdivision which requires the following: condition 5. "A copy of the Article of Incorporation for the Property Owners Association must be submitted. In addition, the deeds showing the transfer of title of the common areas to the Property Owners Association must be submitted." The Tide Group Inc. intends to dedicate the roads and drainage as soon as it is legally possible. As you know, there is no open space or common areas other than the roads and drainage. The Tide Group Inc. will guarantee maintenance of the roads and drainage until such time as they are dedicated to the Town. In order to guarantee performance of their obligations, the Tide Group Inc. will obtain for the Town a irrevocable letter of credit in the amount of $50,000.00 which can be called upon to assure maintenance of the roads and drainage. No property owners association is needed. No lot on this commercial subdivision will obtain a building permit to construct until the proposed construction has obtained SITE PLAN APPROVAL. Therefore, the Planning Board l.ill have continued input with regards to the condition of the roads. Tide Group Inc. does not wish to transfer title to a " Property Owners Association", an Association is not applicable for a commercial subdivision. The letter of credit will provide a legal mechanism to assure the Town continued maintenance of private o o roads pending their dedication to the Town. The need for a property owners association presumes that Tide Group Inc. will lose interest in marketing the properties. One of your expressed concerns was that the roads and drainage may be lost to the County for nonpayment of taxes or that the Town may be forced to take the roads from the County. The creation of a Property Owner's Association would not avoid the loss of the roads and drainage to the County for nonpayment of taxes. In order to further assure you that Tide Group Inc. will not avoid it's obligations, Tide GroUp Inc. will agree to extend their obligation under the letter of credit to guarantee payment of any taxes which may be assessed on the roads and drainage. Therefore, if Tide Group Inc. does not pay their taxes on the roads and drainage, you will have legal recourse. Moreover, unlike residential property owners, commercial property owners understand that the road's maintenance is not the responsibility of the Town until such time as the roads are, in fact, dedicated to the Town. Thank you for your consideration, ve~y-,ruly yours, (;/lC Patricia C. Moore cc: Tide Group Inc. f~ ;) SERVI"TJIR@ :) ~ F'f:>-ebVW MS c:t( I Z--/ q b ~'. /\JJ~, ~,P~k ~ ~ >>rtJd rrr )~, ~~-;t~ ~d ~ )O~ ~ luV ~ Gr ~ ~~lJv!. '~M L~O~ fv~ ' r;~ ~ ~.' ~~ ~~ t ~ ~~~~ J fG;~ r':-:_~,. - r~'~'-~"._" .. n1J @ Xl,1 t ;;J:! : : AUG I 4 I i ~ .' " :) " .. . AUG I 4 ;c)9c~ DECLARATION OF COVENANTS AND RESTRICTIONS GROUNDWATER MANAGEMENT THIS DECLARATION Tide Group, Inc., Road, Mattituck, "DECLARANT". made this day of , 1994, by the having its principal place of business at Main New York, hereinafter referred to as the WIT N'E SSE T H WHEREAS, DECLARANT, is the owner in fee simple of real property locaed within a sole source acquifer that 1S particularly environmentally sensitive, which property is more fully described in Schedule "A", annexed hereto, and WHEREAS, DECLARANT represents and warrants that a conununi ty sewerage system method of sewage disposal is not required pursuant with Article 6 Section 760-607(1) (a), (b), (c) or, (d) of the Suffolk County Sanitary Code in that: .;..._ ...~.' \'; ..~ji~, '~~J ,T;.," l" A. The sanitary waste flow for each lot in the subdivision shall not exceed the population density equivalent for such lot's area as determined pursuant to Article 6 of the Suffolk County Sanitary Code, and B. . The, construction project and any portion thereof is not located within an existing sewer district, and C. The construction project is located in an area where the subsoil and groundwater conditions are conducive to the proper functioning of individual or subsurface sewerage systems, and WHEREAS, DECLARANT, represents and warrants that each lot shall be subject to the limitations in population density equivalent as herein set' forth, and WHEREAS, application has been made to the SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES (SCDHS) for their approval in accordance with applicable standards, and WHEREAS, the SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES has approved said map provided, however, that this Declaration be recorded as against the said real property ,in the Suffolk County Clerk's Office and the Declarations contained herein be fully complied with. NOW, THEREFORE, DECLARANT warrants, declares and represents that the above-described property and any further subdivision thereof, is held subject to the following covenants and restrictions. M..,__- ....... ""' '-" .. 1. DECLARANT, its successors and/or assigns represent that he is aware of the requirements set forth in Articles VII and XII of the Suffolk County Sanitary Code which set standards and restrictions for. .s.torage and discharge. of toxi.c or hazardous materials in Suffolk County. 2. Should there be any change in. the operation or use of the premises, the DECLARANT, its successors and/or assigns must notify the Suffolk County Department of. H.e.alth Services as hereinafter provided. ... . < 3. The sanitary was.te flow. for. each lot on the premises shall not. . exceed' thepopulatioD',del1sityequivalent for such lot's area as determined pursuant to Article 6. of t.be. Suffolk County Sanita.ry Code. Should an application be made ~or construction, e~ansion or change of use onanll' of the lots on the premises and should the projected sanitary waste flow for such application exceed the population density equivalent for that lo.t's area, the applicant shall provide a sewage treatment facility-with the capability of serving all lots on the premises in accordance with the community sewerage provisions of Article 6 of the Suffolk County Sanitary Code; all" butlddn9r._..U"J.a.t.L.DJ:L t.h.ec_~ellli.ses shall connect. to the sewage treatment facility pursuant to Article 7, Section 760- 710(D) of the Suffo.lk County sanitary Code.. 4 _ Should a sewer district become avail abl e to. service the subdivision, DECLARANT, its successors and/or assigns hereby agree to connect to and be served by such facility or district within 180 days and that any existing private waste disposal facilities shall be disconnected. and .abandoned according to standards of the SCDHS. 5., DECLARANT, its successors and/or assigns, agree that upon written notification by SCDHS to the respective tenant or occupant, said tenant or occupant shall, at its own cost and expense, install a monitoring well or wells as per specifications of the SCDHS, both' upgradient and dOWDgradient in the groundwater flow where, in such notification, the SCDHS specifies the facts and circumstances under which it has reason to believe that the groundwater under said premises is or will be threatened by a source of pollution from the said premises _ DECLARANT, its successors and assigns shall install said monitoring well or .wells in conformance with any reasonable requirements of the SODHS at its own cost and expense. 6. All fee owners, tenants or occupants of the subject premises shall' ,..uPoI1Jeuonable notice (except for emergency}. and during normal working hours. provide access and entry to the subject premises, buildings, and facilities to authorized and appropriate county inspectors or officials, subject to any governmental ~...__.s.acurit.ll' reg,1I1ll.tiQtl.A~ - ~ """' I " / -, -, ~-- Th.. owner .', .+_....+ __AI: occupant hereby,. consent.. on behal f of. themselves.. their successors andlor .asaigns to permit the SCDHS to enter upon the above-described property and clean up an spills of iUegal toxic or hazardous discharges. and to assume the reasonable cost of such cleanup which,cost shall be entered as a judgment upon notice against the owner, oC.cupant. tenant or lessee responsible for such spill or spills. This paragraph shall not apply to spills or toxic or hazardous materials which are not caus'ed by or the fault of the owner, tenant, occupant or lessee, or, any of their agen ts and/ or emp~OJ'ees. 8. AU. notifications required to be {Jiven hereunder to the SCDHS shall be in writing and addressed to the Commissioner of Health Services and mailed or delivered to, the .SCDHS, 225 Rabro Drive Es.t. Hauppauge. New York. 11788. or to such other, designated Rerson or agency as may be,req,uired. 9__ The DECLARAHT.._itsJWcessors and/or assigns shall set forth these covenants,' agreements and declarations in any and all leases ta occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and reatriClt~_"~".;"'!Ir\...bAt:.ein_ FailJu-e, of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic. subjugation to the covenants and restrictions. 10. 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 1 aws, ordinances. and/or regulations may thereafter be revised.amend..d or promulgated. 11. The declartions set. forth in the WHEREAS clauses contained herein shall be deemed and construed to be prarnises. covenants and restrictions as if..fully repeated and set forth herein. 12. This document is made subject to the Rrovisions 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. 13. If any section, subsection, paragraph. clause, phrase or provision 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 and restrictions as a whole, or any other part of provision hereof other than the part so adjudged to be illegal. unlawful, invalid or unconstitutional. 1\ ' ,..... '"' ,) 1.4.. ,These Restrictive Covenants shall be enforceable by the County of Suffol~ state of New York, by injuctive relief or by any other -remedJ;.J.n_equity or at laa., The_failure of said agencies or the County of Suffolk to enforce ,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 empleyee thereef. 15. Any. violation of these restrictions and covenants shall cause the, violator, in addition to any fines, penalties and/or forfeitures prescribed by law, to pay for any and all reasonable legal fees and expenses incurred by the ,County of Suffolk in _enfercingthe Covenants and Restrictiens. centained herein. 16. These covenants and restrictiens shall run with the land.&wi shall be binding upon the.. DECLARANT. its successers and/ar as.aigns, ,and upan all ~ersens or entities claiming under them and may .only be..,terminated, reY-oked,or, amended with the written consent of the, Department. 17. Lecal Law 132-1980, - The DECLARANT represents and warrants , that he has not offered or given any gratuity to any .official, emp 1 oyee ' OI' &g-enct'O'f'" SUfto1'1t County. r ' ~,Y.oU Stale .or o.f an political party, with the purpose .or intent .of securing favorable treatment with respect te the awarding or amending of an agreement, or the making of any determinatiens with respect to the performance or an agreement, and that such person has read and is familiar with the previsiens .of Lecal Lawl '32-1980. E THE TIDE By H,enry ROUP, IN . . Raynor, Jr. STATE OF !fEW YORK). " <- .-.__ :SS: COUNTY OF SUFFOU),,, ' , OnthisfJi/l day .of "]4L\J , 1994, before me personally came Henry E. Rayner, Jr., tdme known, wh.o being by me duly sworn did dep.ose and say that he resides at 275 CardinaL Drive, Mattituck", New Y.ork, that he is the President .of the Tide Group, Inc., the c.o~poratian described in and which executed the feregeing instrument; that he knews the seal of said corporation; that the seal affixed te said instrument is such corparate seal; that it was ,s affixed by order .of the Beard .of Directers .of said cerperatien, d that he si clhis"namethereto by like erder_. VeRONICA Po ClDONl NOTAIIV PUILIC, _ 01 .... .... No. 52. 01661_ QualIIIod .. """'"' ~o,,- ComnII.1on Ix"'... Iloc. II, 197~ .. CP.."",~.:o .."..,,~....,.... .-.- -'-'~..........u. NO. ~W32704 .."'., :) SQlEWIE A "", """"ES IN WIl[O< T'''' - "'" "" """'TO OR OO'EREST CO'.ERED .. "'" ~F" ALL that certain plo t, piece Or pa~eI of Ian:!. with the buildings am inprovem:ntll thereon erected, situat e, lying and l:eing a t Clitchogue, 'Jb\..n of ..S::luthold' Cbm ty. 0 f.' Suffolk and State of l'ew York, bourda;l am described as foLlows:, :, , . , . .;. BEGmNING at a point on the northeasterly s~ of Depn lane (CJtchcgue Depot ~el . where the sarre is intezsecte:l Qy the westerly eni of a curve connecting the I nortreasterly side of Dep;:l t lane with the northllesteliy side of MDdle lbad-c,R':}l\ RUNNING 'I'HEN:E alorq the northeasterly side of sa:id Depot Lane, l'brth 38 degrees 51 ' m"'",,, 30 _""oJ""', 103 4.12 '00' '0 land n~ or ""'"'" y 0' I<...oi "'_" . forrrerly of El:iwaIQ J. Drum; ',' THEN::E alorq sa:id lan::ll'brth 47 degrees 27 minutes 40 seconis East 360.62 feet am torth 39 degrees 16 minute sOD secoms \'es t, 1082.67 feet to land nON or forneliy 0 John p. KrupSki., fOrm:lrly Janes H. Drum; , ~ -, 'I'HEN::E alorq sa:id Ian::ll'brth 45 degrees 27 minutes 50 secoms East 367.92 feet; 'rnEI'CE along said land nON or fOrm:lrly of Frank I>rBcide S:lUth 40 degrees 47 minutes 30 secoms East 2171.40 feet to thenoreruesterlyside of Middle Roai-C.R. 271, ,. 'rnEI'CE soutB-.esteJ:iy along the nortB-.estezi y side' of M:iddle Ibad-C.R. 27 a~~g ak~' c','~,L..", of a curve bearing to the r:i;rht having a raiius of 5669.58 feet a distance of 718.01 feet.to the, WilSteJ:iy end r>f .h" ,..."""",,, H ~. ~~ ImQ l-iOl'liid..;, _. ',wi".."":,, THEl-CE westerly alorq sa:id curve bearing to the r:i;rht having a raiius of 74.25 feet a distance of 120.23 feet to the northl-.esteJ:iy side of Dep;:lt lane at the point or plac of BEmNNrNG. I " 'i. ,C", ~ . ~ -. - '-' : L~_"_,_ i f' PRIVA'l'! WELL COVEHAN'l'S ~~.__, Declaration of Covenants and Restrictions .' -,"I l\r (n i I : U 1; ~ '. l ' ' df.'p It""",,,! I I .-->_1 )\iJG A THIS DECLARATIOH made by the 'l'IDE GROUP, IHC., a domestic corporation with offices located at 320 Love Lane, Mattituck, Hew York, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restirct the use and enjoyment of said PREMISES covenants 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. WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMEHT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and 2. WHEREAS, the PREMISES are to be served by an individual on-site private well; and WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of Hew York and contained excess of the following: A complete list of analysis results is attached hereto as Schedule C, and each chemical parameter which exceeds 60\ of the acceptable level is indicated with an asterik; and As a condition of approval by the DEPAR'l'MEH'l' of the subdivision or development application, the DEPARTMEHT covenants that there shall be no conveyance or building construction on lots 1, 2, 5 and 6 until standards for water quality are met for each lot in accordance 'wi th the standards for private water systems of the DEPARTMENT. This shall not prevent a conveyance of the entire subdivision subject to this covenant. 3. The DECLARANT, its succesors 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 the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation of 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. - , ". .' ""'" , ....; to th~ provisions of all laws require to be. incorporated herein and they herein and made a part hereof, This document is made subject by law or by their provisions are deemed to be incorporated as though fUlly set forth. 6. 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 failmre 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 offiaer or employee thereof .':.. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. , 9. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a court of competent jurisdiction, be adjudged illeqal, unlawful, invalid or held to be unconstitutiopal, the same shall not affect the validity of these covenants as ,a whole, or any other pert or provision hereof other than the part so adjudged to be illegal, unlawful, invalid or unconstitutional. " 10. Local Law #32-1980 - The DECLARANT represents and warrants that he has 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 perfomance of an agreement, and that such perso has read and is familiar with the provisions of Local Law #32-1980. -/f~~ THE TIDE by Henry STATE OF NEW YORK) :88.: COUNTY OF S~fFOLK~ On this O(/S'day or-lft/Jltar lj , 1994, before me personally came Henry E. Raynor, Jr., to me knowh, who being by me duly sworn did depose and say that ~ res~des at 275 Cardinal Drive, Mattituck, New York, that he is the Yres\d-e(l.t of the Tide Group" Inc., the corporation described in and which executed the foregoing instrument; that he knows the seal s id corporation; that the seal affixe~ to said instrument is such corp se 1; that it was so affixed by order ~f the Board of Directors of said c rporation, and that he signed his na~e thereto by like order. I i VERONICA F. CIDONI! NOlAIll' PUBLIC, Stoto 01 Now YCllIc No. G2'~1_ QuoI- In _k ~,'l Commlulon illOlfu llIir .1, livjf( TI'ILE INSl.lR1IN::E COMPANf ....'''"' l :) SClimJU;: A mE """,,,,,, IN "'" <H THE - "'" mE ESmTE OR INrnRIlST """"'" .. THIS ""'r ALL that certain plot:. piece or pa:n::el of lam, with the buildings and inpI'Olfeaentl3 thereon erected, situat e, lying and J:eing at Oltchcgue, 'I'c7al of 8:luthold, CbJn ty of Suffolk and State of New YoIk, boumai am described as folJows: .. BEGINNING at a point on the northeasterly side of I:e1;x>t lane (Oltchcgue I:e1;x>t Iane~ where the same is intezsecta:i ~ the westerly em of a curve connecting the I northeasterly side of tap:> t lane with the nortm..este:dy side of Miidle Ibad-C.R. 21' RUNNING THEN:E alorg the northeasterly side of sa~ Depot Lane, N::lrth 38 degrees 51 minutes 30 secoms \'est, 1034.12 feet to land nOil or forneIiy of Mildl:"ed G:lo~in, fonneIiyof Eliwa1d J. Drl.lll; THElCE alor:g sa~ lam N::lrth 47 degrees 27 minutes 40 secoms East 360.62 feet and l'brth 39 degrees 16 minute 13 00 secoms \'es t, 1082.67 feet to land nOil or forne:dy 0 John P. Krupski, fornerly Jarres H. Drl.lll; THEN::E alor:g sa~ land lbrth 45 degrees 27 minutes 50 secoms East 367.92 feet; 'nIEN:E alor:g said land nOil or forneIiy of Fl:"ank M::Eride 8:luth 40 degrees 47 minutes 30 secoms East 2171.40 feet to the nort:l'wasterl.y side of Middle Roai-C.R. 27; 'nIEN:E soutlJl..esteIiy along the nortJJ...esteIiy side of Miidle lbad-C.R. 27 along an alfC of a curve bear.lng to the r:ght havinJ a raiius of 5669.58 feet a distance of 718.0t feet to the I'.eSteIiy end of the curve fizst above rrentioned; THEN::E westerly alor:g sa~ curve bearinJ to the r:ght having a raiius of 74.25 feet a distance of 12 0.2 3 fee t to the nortJJ...este Ii y side of I:e1;x> t lane a t the poin t or plac of BEGINNING. " ".'. ....... "" ~." " 1.. SCHEDULE B CONSENT OF MORTGAGEE/LIENOR DECLARANT THE TIDE GROUP, INC. H.D. REF. NO. OR NAME OF SUBDIVISION 91-233 In the matter of the application of the Tide Group, Inc., the undersigned, as holder of a mortgage or lien on premises descri~ed in Schedule "A" annexed hereto, hereby consents to the annexed covenants and restrictions on said premises. STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) ,it! ,,-;. rJ) un the ~'r day of )"'" ,1994, before me personally came JOANNE MARTINEZ, to me known to be the Temporary Administratrix of the Estate of DENNIS K. CORBY, described in and who executed the foregoing instrument and acknowledge that she executed the ~be. 3J~bf!/jg~~ .....", "t"!.l E. WI!r"'I(,1~v .~ i If; ~j:l~l' lot :-. :tl'!i'i;,'{~:1 "I' ..' ";;rh", ':.1 III ~.,' ... 'II .bo El'l!r'.':.: ~. .. ., 1:1 / ,.."', :) .~ SCHEDULE B CONSENT OF MORTGAGEE/LIENOR 4 DECLARANT THE TIDE GROUP, INC. H.D. REF. NO. OR NAME OF SUBDIVIsION 91-233 In the matter of the application of the Tide Group, Inc., the undersigned, as holder of a mortgage or lien on premises described in Schedule "A" annexed hereto, hereby consents to the annexed covenants and restrictions on said premises. STATE OF NEW YORK) ) ss: COUNTY OF SUFF04K) ,It! )'~ un the Ol<r day of . 1994. before me personally came JOANNE MARTINEZ. to me known to be the Temporary Administratrix of the Estate of DENNIS K. CORBY. described in and who executed the foregoing instrument and acknowledge that she executed the ~~e. . 3J1~J/JjlS., :~ NlJ~~W;t", 'IC "'"nu E. W'! r~'O!'v. , ,J\; n:;,~I:l!_\!ll' ....~. 3:) ~.'cj.~/j" ',jin~'" .1, Jon E),"!L,':; !"",' .'. ., ~ .." ) ~ IAS Submission Without a Cover Letter Sender: Pe.conic SlAxve~o(s Date: C)lI3Iq~ \ Subject: No(-tn furl) neJ,us-rriCLI Pad::- SCTM#: 014>-1-1 Comments: 7 p (ints 3 rn~ tCVLS <(I ".11 'tb ~. 1:t, ~fL\I' \r.r;". ~ ',lRj, loW ~ \"'I\txp N..th ~. ~. L: I'\oU: o-r-- ~ C+fL AW ~ 4t vY'44 ( sobrn,'!:.~:tJ7\ .,d~ aJJ l~:J, 13 HUG 05' '36 09: 39 c ...... F'.l $ltif vJ1,fS '-",. RAYNOR-SUTER '~ARDWAFlE It,:, 320 LOVE l.ANE I'IATTHUCI<. N.Y 11'52 PHONE SI6-2,P ?~20 FAX 516-2'8-2127 DATE: <r( {if L Tal d~~?~ FROMI c/j ~ I REI ~~ ~ h F~ \.::X~/-u:- /~~~'- ~ ~ 'i ~ -- <'~~ ,!,J)::r vvll"eB'YV '1~ ~ (-; 1 ~~~ / ,~~ ~"- r - ANY O~ THE ABOIJE INFORMAl ION NO'r ':- c;';R, PI-EASE " ,-.....-.E.,r,_ON::.,.. . :.'-'.'~"~(r." r~ :'1 \)1 i~ ; ~........~l?__ I fj~L!.~.l:~_;:~ ", , fl.llG 5 IS19R HUG OS "3b 0g: 39 c ........ . ., HENRY E. RAYNOR PO BOX 1459 320 LOVE LANE MA TTITUCK, N.Y. 11952 516-298-8420 516-298 2127 (fAXi AUG. 3, 1996 MR. RAY BAVARO ULCO 117 DOCOTRS PATH RIVERHEAD, N.Y. 11901 RE; NORTH ,ORK INDUSTRIAL PARK CTY RTE 48 CUTCHOGUE, N.Y. 11935 DEAR MR BAVARO, AS LiLCO HAS DETERMINED LEAD STATUS ON INSTALLATION OF UTILITIES TO THE ABOVE NAMED SUBDIVISIGN; THE SOUTH OLD Tm'N PALNNING BOARD HAS REQUSTED A LETTER FROM PUBLI UTILITY CGMf'ANIES SERVICING THE PARCEL SCTl'I W2l00-96-1-L PLEASE HAVE YOUR O,FICE PROVIDE SAME TO THEM. T/oIANK YOU FOR YOUR CONSIDERATION IN THIS l'IATTER. YOURS TRULY, -ill LK~ c..c.. <;..7 . ?U'l 'it'll rJG- t'>i) 'd*" P"})O P.2 " ! ~~ ,'-J I ~ AUG 5 AF'R 2b -'9b 13: 55 ~ '-' o S# f1<.;> RAYNOR-SUTER HARDWARE INC. 320 L.OYE LANE PlATTITUCK, N.Y 11952 PHONE ~lD-298-6~2Q FAX 51D-2'8-2127 DATE If ., I . ~,4",!.) I I' ',-. , TOI ")~.~~ 5~ 5.T,P~, FROM: )l~O/~y R~l ''1~ ~'f - ~-rJ!vYlC~1r -d h",,,,-~~ 7~ ~v.<_ .... ~t F~ W~ ~ ~ ~~k.A-1..t..~.. rP~ ~ - ..,d h~ ~\ &tJ) ;,>ty I, ~~~/~ A/"' "J.J ~ ~~ ~. f)r-i;lU - ,.. I'evie~.0 @ 'i/z..Ql'1b' LOorl::. ~i~1\\ l:bu~c.\, tor ok., 'b[..00~ 'M\~ +'1('<"" "II?>\> --:D;scus.se'\ w) ~r'l, \.\2, '\' \c,t\lS t ?k.V\t- I). ~"R evr[) f,i~ ~;uC<'. ANY 01" THE A80VE INFORMATLON NOT CL.EAR, PLEASE CALL ~l i LJ'<'-,c. ..-- " ..) i,!l i~PR 2 9 1996 ~ '-' Southold Town Planning Board '"' .~ 4 March 18, 1996 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So carried. ******************** Mr. Orlowski: 7:35 p.m. - North Fork Industrial Park (a.k.a. Tide Group) - This major subdivision is for 8 lots on 29.11 acres located on the northeast corner of Middle Road and Depot Lane in the LIO District in Cutchogue. SCTM# 1000- 96-1-1. I'll ask are there any comments on this subdivision? Abigail Wickham: My name is Abigail Wickham and I'm here on behalf of Russell McCall, who I believe wrote you a letter addressing some of his concerns with this particular subdivision. He asked me to come here tonight and just reiterate those concerns and ask you to consider them in regard to a review of the plan that is presented before you against the code. I've looked at the plan and I think that some of those concerns you have addressed and I've explained that to him, but let me just briefly go through those that he's raised. I guess his main concern is the impact of this subdivision on Middle Road exposure. In fact, before he became aware of your landscaping requirements, his concern was such that he offered to provide planting to the owner along the Middle Road exposure. I explained to him that that is something the Planning Board will require and has required. I'd just like to ask that you make sure in your landscaping evaluation that it is adequate to minimize the visibility to the Middle Road. When you have businesses, even in this LIO type of industry along a main frontage, there is a tremendous temptation to advertise and to use whatever exposure they can towards that Middle Road. So we want to make sure that the buffer created was going to be adequate to prevent against that. Also, you will have those buildings backing up to the Middle Road it looks like, with a warehouse type of effect perhaps in the back, with lights and trucks and whatnot. So, we ask that the Board do its best to provide an adequate screening buffer. I see that you have evergreens and as many and as thick as they can be, he would appreciate that. His concern is, as an owner of property across the street, which is in agricultural, he continues to keep agriculture. He'd like to see the industrial aspect of this neighborhood minimized as much as possible. - - ... 4 Southold Town Planning Board 5 March 18, 1996 And that would also, if you could look at the map, I'm sure you have, with a view towards maximizing the width of that buffer along Middle Road in accordance with your requirements. Another concern he has is one of lighting, which may be more properly addressed to a site plan review, but I do think that our code is awfully inadequate on lighting and is probably one of the worst forms of pollution in this town, and we ask you to consider that. Particularly where you do have, because of the layout, buildings backing up to the public highways, both Depot Lane and Middle Road. And also, the impact of traffic, if you have a fully developed subdivision with employees all coming and going at the same time, there is going to be an impact. Just in general, I think there's a great temptation on the part of many people in the town to sort of write off that area because it is near the dump or what is now some sort of sanitary euphemism (inaudible), it's no longer even a landfill. But, I think it's important to realize that although the Board has done a lot in eliminating development along the Middle Road that it is important to the beauty of our town. There are a lot of forms of agriculture, particularly more recently, that do benefit greatly from exposure along the highway and that this should be continued to be regarded as prime farmland and to do your planning in that regard. We thank you for your consideration. Mr. Orlowski: I believe that most of your comments are either on the map or will be addressed when the time comes for the site plan stage for each individual piece. Any other comments? Henry Raynor: Good evening. I'd be more than happy Gail, to meet with Russ any time. If he had called me I would have been more than happy to... Ms. Wickham: I don't think he knew you were involved with it. I didn't either until tonight. Mr. Raynor: Good evening gentlemen., My name is Henry Raynor and I represent Tide Group. Just for the audience here tonight, I'd briefly like to outline the history involved. This proposal received sketch plan approval in July 1991 and we started the process with the Department of Health Services in August of that year. We completed the test holes as prescribed, in October. We held initial preliminary hearing in February of 1992. There were no objections at that time to this proposal. The test wells were put in during the summer and fall of that year and some of those wells exceeded the Suffolk County Department of Health Services nitrate limits as well as some (inaudible) and testing. And this was addressed primarily because of the agricultural use. We came back and applied to the 1"'- ....'" ~ Southold Town Planning Board 6 March 18, 1996 Board for an extension of their approval and in February 1993 it was granted. We went back to Suffolk County; we went before the Board of Review and got permission to locate wells on each one of the site locations and proceeded with the subdivision until October of 1993. We prepared the final maps in order and along with the initial Covenants and Restrictions for both the Town and the County. We finalized the Covenants and Restrictions in January but it took the County Attorney until October of that year to give a full response to us. In November of 1994 we received a letter that our time had lapsed. We had to pay new fees and another public hearing was necessary. That was held in April of 1995. There were no objections. The conditions on the map to amend saying were presented to us from the Board on April 15. The final maps were then sent to the County for updating the Department of Health stamp and in September, at which time we submitted them to the County they proceeded to lose them. We initiated new maps and that allowed another 45 days of loss of processing. I believe the final maps and the revisions that were requested were given to the Board in February and as a result we have this hearing tonight. There are two items that I'd like to address. One, I would request the Board to consider a bond waiver so that we may proceed with the improvements and the inner structure as soon as possible. I realize this would be conditioned upon probably the non-transferring of any of the parcels until the Town Engineer approved of same. I also believe that what you have before you tonight is in full conformity with the Town Ordinance, Section A 106 and I would request its approval. If there are any questions, I would be more than happy to see if I can answer them. Mr. Orlowski: Does the Board have any questions? None? Any other comments on this subdivision? I'll entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. What's the pleasure of the Board? P~NGBOARDMEMBER() RICHARD G. WARD Chainnan GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS ~ c:.UfFDl.t ~ ~ s>-.;.~ ~ ~ ::0 ;..0, Q - , C/O ~ "0 ~ ~D.t.. ~~~ o Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 1996 Henry Raynor P,O, Box 1459 Mattituck, New York 11952 RE: Proposed Major Subdivision North Fork Industrial Park (a.k.a. Tide Group) Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The following took place at a meeting of the Southold Town Planning Board on Monday, March 18, 1996: The final public hearing, which was held at 7:35 p,m. was closed. c:;.The following resolution was adopted: WHEREAS, Tide Group, Inc, is the owner of the property known and designated as SCTM# 1000-96-1-1, located on the northeast corner of Middle Road and Depot Lane in Cutchogue; and WHEREAS, this proposed major subdivision, to be known as North Fork Industrial Park, is for 8 lots on 29.11 acres, located in the Light Industrial Park/Planned Office Park (UOl District; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on August 13, 1990; and """ ~ ~ Page 2 Proposed major subdivision for Tide Group March 19, 1996 WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 18, 1996; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the following conditions; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated March 4, 1996. All conditions must be met within six (6l months of the date of this resolution: 1. Six (6) paper prints of the final subdivision map and two (2) mylars must be submitted. All maps must contain the following: a. A valid stamp of approval from the Suffolk County Health Department. b. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. This notation must include the liber and page number of the filed document. 2. Six {6l copies of the final road and drainage plans must be submitted. 3. The Performance Guarantee in the amount of $405,295.00 and the administration fee in the amount of $24,317.70 must be submitted in a form acceptable to the Town Board; or The improvements contained in the bond estimate dated February 23, 1996, must be completed prior to any endorsement of the final map. The administration fee must be paid prior to the start of any construction. 4. A copy of the recorded Declaration of Covenants, Restrictions, Easements, Charges and Liens must be submitted. 5. A copy of the Article of Incorporation for the Property Owners Association must be submitted. In addition, the deeds showing the transfer of title of the common areas to the Property Owners Association must be submitted. 6. A copy of the recorded Declaration of Covenants and Restrictions required by the Suffolk County Health Department must be submitted. 7. The subdivision has been designed with a road {Commerce Drivel to provide c - ......... Page 3 Proposed major subdivision for Tide Group March 19, 1996 future access to the adjacent property owned now or formally by Mildred Goodwin and with a tap road (Corporate Road) to provide future access to the property owned now or formally by Frank McBride. If development is planned for either of these properties prior to any dedication of the roads to the Town of Southold, vehicular access to these properties shall be made available. This must be so noted in the Declaration of Covenants and Restrictions. 8. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision must be submitted. The letter shall state that the utility company will make the installations necessary for the furnishing of its services. Please contact this office if there are any Questions regarding the above. Sincerely, ~V{ J!/ Richard G. Ward 4!!> Chairman c "'"' ..,1 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as NORTIt....&~~ "'rH~;(ML P~k by placing the Town's official poster notice within 10 feet of the front property line facing the street where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing, on vYll'\!<.Q..,\t \'t 1996. I I have sent notices, by certified mail, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on 3(4 ,1996 UENI(~^/(\(( Your name (pri t) / . ' 41--" Gf~ Signatur~ .d--7~ CM~I N A1-- bR " irJll7f/1iW) N. Y Address Date , ,-J>/I' /1b Notary PpbliC >z: 1 i24~xL~tzx J - ~ ,'_ .', MAilnN Sl)n:~, Notary Public. Stat. oiNow Y Jrk ~o. 52-3904925 qus.lified in Suffoik County C-JMml%'or. EXPlf&S~"--;~' ....,. '" , C2Jf/~ c" '7/0' Re: Tide Grouf SCTM#: qt.. '.1 Date of Hearing:2.j 181q(" ;-"""", ~ i ", \ ~; : I ! 'ii',: ~ ! r, ' ; I ; ~ ; tlL L I~^P : 3 1996 A'C- (.' ".?' I>1PP:S l':i'jb 14:..1':" ;-i ! LHI'~ I J-' ~ I-II.JJ..!~ ll~ I L -+\;..,-+ _" .,,~, .l..'_'_" , ......\.....:..'-' " - ',,", ~ r'6 ~.:,;\ ,'" CO' DAIE ~tJ... ~ I "lq " 1:0 !:-IE An::~nON OF -1G'cL.~ LJ~~ DE?'! ~Ou.P.. LoP ~ -r; UJ'IA.. f; A ,- 40 :-~~~ FAXD s/"*'~7~s:--:<':1.~ FRON: [?::c.C! t.RD N1(!~ . F.~~ n (404) 588-1640 NUNSER OF PAGES BEING SENT .3 A'tJa:~ f~~j' O~~..;A f./'~.I7 l?;.7~ f~ fc....S~ -H-.l S ba.v.. Pv-- ~ 11Pt.. uJ~ ~ - ~.-.~ -;. k lM.ck.s ~ t-M- f~ v~ ~t-l [8. /qqt, J I: 3~ fj/Vt. -rl.J.v"~ lZ:.. ~D{J~ r ~--[5--'(~'?-'!r',~----'~':'"'' ~:~.-'" :J l, lD lr: I: :.,i! i"; , ,i r".~r~__,~;:.._.L...."..'~~_ )2_, I: I 81996 255 Sating Slrttttt 5 W Al1anta, G).. :30303 (4041l!88.1~lS MAR-iS-19S6 14: 4':3 qTU;HTH FCOU3 r ~.;T';... . 'e!,;.! <:,'~ ':.- I.', '~!:;> 03 1'" ... - -' March 15, 1996 Richard Ward 53095 Main Road Southland, NY 11971 Dear Mr. Ward: I am writing to go on record as opposing the planned subdivision and development by the Tide Group Inc. c/o Henry Baynor at the northeast corner of Middle Road and Depot Lane in Cutchogue. Once paved over, open space, green befts, and natural beauty are forever lost. Preservation of our quality environment is a worthy cause for all members of South hold Town. I own the property directly across Middle Road, south of the proposed subdivision. The long term use of my 20+ acres will be farming. In the event your board wishes to approve the proposed subdivision, I hope you will demand a few reasonable and logil~al modifications. 1. Lower the density. Five 3-acre sites should be the absolute maximum. This would allow for significant green space and roads. Future generations of Long Islanders will thank you, and each of the remaining lots will be more valuable. . 2. No exit or entrance on the main four lane highway (Middle Road). Safety on this high speed thoroughfare should be the deciding factor. All entrances and e:dts should be from Depot Lane. - ,""........- 3. Above all, an unbroken green buffer area should be set aside along Middle Road. One of the costs of development should be the planting of this green buffer area in trees suggested by a local arborist. The green area should be at least 20% of the total proposed development (approximately six acres). ;'1 i'\~R'-18-19g6 14:4'3 ATLAr'HA FOOD'; rr'HL "'.-.1.\ ::<:~::: ; ~., \0 '-'::'.03.- 03 t.' /", .....' .... .....,; As a long time resident of Cutchogue (10230 New Suffolk Ave.), I have seen 'the trend toward development and :. u', Although this is sur.e to continue, we must all resolve to be more cautious and diligent in order to ensure that future building is allowed to proceed on the condition that fore thought and planning provide the same quality we have known for future generations. Sincerely, ~ ~ L.0a.e. Russell C. McCall cc: Abigail Wickham, atty. .~ TOTHL P.D3 " Declaration made as of this offices at 320 Love Lane, "Declarant". DEC~TION OF COVENANTS, RESnuOtONS ! i D) bASEMENTS, CHARGES AND LIENS !:i r: r, iiJ"! MAR I 8 10 t b.J; I il I L..", day of , 1996, by the Tide Group, a N~w Yor~~ati!>~ with,! Mattituck, New York 11952, hereinafter referreif'to as ""DeveJopei''''-of fe 1'1$ ~ WITNESSETH: , " WHEREAS, Developer is the owner of the real property described in Article 0: of this Declaration and shown on the filed map of the Property which Declarant desires to subdivide industrial property where common facilities will exist for the benefit of those who purchase said parcels of this subdivision; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said Community to create an agency to which should be delegated and assigned the powers of maintaining and administering the Community property and improvements and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated the Tide Group Property Owners Association, Inc. under the Not- For-Profit Corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to the Tide Group Property Owners Association, Inc., a Not-For- Profit corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to the By-Laws governing the operation of the Association, the form of which is set forth in Exhibit B hereto. (d) "Common Expenses" shall mean and refer to those expenses (including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as "Assessment"). (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on the Filed Map of the Property in the Suffolk County Clerk's Office and including, without limitation, the internal roadways, open space and drainage areas. (f) "Declaration" shall mean and refer to this Declaration of Covenants, Restrictions, Easements, Charges and Liens, as the same may from time to time be amended. " ^ . ~ (g) "Developer" or "Declaran~all mean and refer to the Tide Grou;.J New York corporation and its successors and assigns, if such successors and assigns should acquire an undeveloped or developed but unsold portion of the Properties from the Developer including without limitation, any mortgage which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Community" shall mean the Tide Group subdivision, a commercial development of the Properties which shall consist of eight (8) lots. (i) "Filed Map" shall mean and refer to the map for the Tide Group as filed in the Suffolk County Clerk's Office. . G) "Unit" shall mean and refer to all units of commercial buildings situated upon the Lots on the Properties. (k) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial uses shown on the Filed Map of the Properties filed in the Suffolk County Clerk's Office but shall not include the Common Areas. (I) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article III. Each member shall be entitled to one (I) vote. (m) "The Properties" shall mean and refer to all such Properties described in Article II. (n) "Property Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any Unsold Lot. Every Property Owner shall be treated for all purposes as a 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, such collective ownership shall constitute one (1) Member. (0) "Unsold Lot" shall mean and refer to any Lots owned by the Developer and any successors or assigns until such time as the same have been sold to a third party. ARTICLE II. PROPERTY SUBJECT TO TillS DECLARATION 'Section 1. Properties. The real property which is and shall be held , transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A" annexed hereto. ARTICLE III. MEMBERSillP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. The Association shall have one class of membership interest. The Owner of a Lot with or without an improved Unit on the Properties subject to this Declaration shall be a Member. Section 2. Voting Rights. Each member is entitled to one vote respective to the number of Lots owned by a Member. When more than one person or entity holds such interest in the membership, the one vote attributable to such membership shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Member. For purposes of this section, the word "Unit" shall have the same meaning as "Lot" and therefore if there is not Unit constructed on a particular' Lot in the Development, the Owner of such Lot will still be considered a Member entitled to cast the one vote as set forth above. No Member shall split or divide its votes on any motion, resolution or ballot. o 0 Section 3. Transfer of Membership. Membership in the Association shall be appurtenant to, and may not be transferred, except in conjunction with the lawful sale or conveyance of a Lot with or without an improved Unit thereon. No Owner shall be permitted to sell or convey his or her Lot unless and until he or she shall ) have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board against such Lot. Upon such sale or conveyance, the seller of such Lot shall relinquish his or her membership in the Association and the purchaser of such Lot shall automatically become a Member, subject to this Declaration, the By-Laws and the Rules and Regulations. ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES. . Section 1. Title to Common Properties. The Developer shall convey to the Association legal title to the Common Area subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Properties and the Association, its successors and assigns: In order to preserve and enhance the property values and amenities of the Development, the Common Areas and all facilities now or hereafter built or installed thereon, shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards. The maintenance and repair of the Common Areas shall include, but not be limited to, maintenance, repair of damage and replacement to the internal roadways, snow removal of the interoal roadways, maintenance, repair and replacement if necessary of the street signs, drainage areas, street trees and common lights and maintenance of all other utilities located on or in the Common Properties, if not maintained by the applicable utility company. This Section shall not be amended, as provided for in Article XII, Section 2, to reduce or eliminate the obligation for maintenance and repair of the Common Areas. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to promulgate rules and regulations for the use of the Common Areas; and (b) The right of the Association, as provided in its By-Laws to suspend the rights of any Member for a period during which any assessment remains unpaid and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; and (c) The right of the Developer to offer for dedication the roads and/or drainage facilities to the Town of Southold or any other public agency or authority or private entity at any time prior to deeding the road and drainage facilities to the Association and upon deeding the road and drainage facilities to the Association the obligation of the Association to offer for dedication the road and/or drainage facilities to the Town of Southold or any other public agency or authority. (d) The right of the Association, after the Developer no longer owns any Unsold Lots, to dedicate or transfer all or any part of the Common Areas, to any public agency, authority, utility or private entity for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members and their mortgagees entitled to cast eighty (80%) percent of the eligible votes has been recorded agreeing to such dedication, transfer, purpose of condition and unless written notice of the action is sent to every Member at least ninety (90) days in advance of any action taken; and (~):The right of the Developer Of the Association to grant and reserOasements and rights-of-way, in, through, under, over, upon and across the Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewers, drainage, cable television, gas and other utilities, and the right of the Developer to grant and reserve easements and rights-of-way in, through, under, over, upon and across the Properties for the completion of the Developer's work under Section I of Article V; and (t) The terms of the By-Laws and any rules and regulations promulgated by the Board of Directors regarding the Properties and Common Areas; and (g) The right of the Developer to use the Common Areas or to permit the .Common Areas to be used by Developer's designee or any prospective purchaser of a Lot or any tenants of Unsold Lots with an improved Unit thereon, without charge, in accordance with and subject to this Declaration, the By-Laws and any rules and regulations promulgated by the Board. In addition, the Developer shaH have the right, at any time when there shall be any Unsold Lots, to use the Common Areas, without charge, for exhibitions or other promotional functions with respect to Developer's sales programs, in accordance with and subject to this Declaration, the By-Laws and the rules and regulations. The provisions of Article IV, Section 3, many not be amended without the written consent of the Developer or its successors and assigns. ARTICLE V. DEVELOPMENT OF THE TIDE GROUP SUBDIVISION Section 1. The Tide Group Subdivision. Developer intends to improve up to eight (8) Lots, roadways, and . other improvements to the Common Areas on the parcel of land as described in Exhibit "A" consisting of a total of approximately 29 acres. Section 2. Easement. Developer does hereby establish and create for the benefit of the Association and for all Property Owners form time to time of Lots subject to this Declaration and its permitted occupants of Units improved on said Lots and their heirs and assigns and does hereby give, grant and convey to each of the aforementioned, the foHowing easements, licenses, rights and privileges: (i) Right-of-way for ingress and egress by vehicles or on foot, in through, over, under, upon and across the streets and roads in the Properties (as shown on the Filed Map(s) and any changes as they may be built or relocated in the future for all purposes: (ii) Right to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable television lines, sewers, and drainage lines which may from time to time be in or along the streets and roads or other areas of The Properties. Section 3. Reservation of Easements. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, linder, upon and across the Properties, for the purpose of completing all construction and work under Section I above and towards this end, reserves the right to grant and reserve easements and rights-of-way in, through, over, under, upon and across the Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with, maintain and make use of the utility lines, wires, pipes, conduits, cable televisions lines, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the Properties. In addition, the Developer and any Selling Agent retained by Developer reserves the right to continue to use the Properties in its effort to market Lots on the ,...,~..,,_.,----~_. ---._,-~"~ Pr~perties for so long as there 0 any Unsold Lots remaining in the Ovelopment. Developer further reserves the right to maintain upon the Properties such facilities as may be required, convenient or incidental for the completion of its work under Section I above including, without limitation, a business office, storage area, construction trailers, construction equipment and supplies, for so long as there are any Unsold Lots remaining in the Development. This Paragraph may not be amended without the written consent of the Developer. Section 4. Encroachment of Lots or Common Area. In the event that any portion of any roadway, walkway, parking area, driveway, patio, deck, water lines, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler system, fences, light standards, building or any other structure as originally construction by Developer encroaches on any Unit or Lot or the Common ~, it shall be deemed that the Property Owner of such Lot and any Unit improved upon such Lot or the Association has granted a perpetual easement to the Property Owner of the adjoining Lot or the Association, as the case may be, for continuing maintenance and use of such encroaching roadway, walkway, driveway, patio, deck, parking area, water line, sewer line, drainage lines, electric and gas meters, utility lines, sprinkler system, building or structure. the foregoing shall also apply to any replacements of any such roadway, walkway, driveway, patio, deck, parking area, water line, sewer line, drainage line, electric and gas meters, utility lines, sprinkler system, building or structure if same are constructed in substantial conformance to the original. The encroachment for sewer lines, water lines and utility lines shall also apply to sewer and utility lines which may run under any Unit improved upon a Lot. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. Section S. Easement for Emergency Access. Developer does hereby establish an easement of ingresss and egress over the roadways, any parking areas and all other Common Areas in the Development for the benefit of all emergency vehicles and personnel including but not limited to police, fire and medical purposes. Section 6. Easement for Repair. The Board, Managing Agent, if any, manager or employee of the Association and any other person authorized by any of the foregoing, shall have, and the Common Areas shall be subject to, an easement in, to and through the Common Areas or any portion thereof in favor of the foregoing persons, (a) to operate, maintain, repair, alter, rebuild, restore and replace any of the Common Areas, including, without limitation, the maintenance of any sign identifying the Association located at the entrance thereto and any advertising and/or directional signs and (b) to perform any of their respective duties in accordance with the By-Laws. Section 7.. Easement for Completion. Each Member hereby grants a right of access to his Lot to Developer or its designee, and any contractor, subcontractors, agents and employees of the foregoing for the purposes of the repair and completion of any installation, maintenance, repair, restoration, replacement, or change including, without limitation, the correction of any construction defects being performed or to be performed by or on behalf of Developer with respect to the Common Areas. Section 8. Right of Access in Favor of the Association. Each Property Owner shall afford to the Association, any Managing Agent and/or any other person authorized by any of the foregoing a right of access to his or her Lot on reasonable notice at reasonable hours, on any day except Sundays and holidays (except that in an emergency situation such notice need not be given) for the purposes of: (a) making inspections of, or removing violations noted issued by any governmental authority against any other Lot; (b) curing defaults hereunder, or violations of any rules and regulations promulgated by the Board of Directors and committed by such Property Owner; and (c) correcting any conditions originating in or on his or her Lot and threatening another Lot or all or any portion of the Property. S:ction 9. Easements of ReeO. The rights of Property Owners inO Association are subject to all Declarations, Covenants, restrictions, reservations, exceptions, easements, and agreements of record. Section 10. Future Easements. Developer shall retain the right, so long as there are any Unsold Lots on the Properties, to place any easements in, to or under the Properties which Developer shall deem necessary for the benefit of the Association and its Members. ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation. The Developer, for each Unsold Lot then subject to the Declaration of Covenants, Restrictions, Easements, Charges and Liens owned by it within the Properties, hereby covenants and each Property Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association such Common Expenses as are fixed by the Association's Board of Directors and assessed to the Property Owners as hereinafter provided. All sums assessed by the Association but unpaid, together with such interest thereon, and the cost of collection thereof as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such Property Owner against which each such Common Expenses is made. Each such assessment, together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Property Owner of such property at the time when the Common Expenses fell due. Section 2. Purpose of the Assessment. The Common Expenses levied by the Association shall be used exclusively for the purpose of promoting the health, safety and welfare of the Owners of the Properties as a Development and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and of the Lots situated upon the Properties, including, without limiting for the foregoing, the payment of taxes (if any) on the Common Areas, insurance thereon, and repair, replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. Section 3. Common Expenses. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Property Owner prior to assessing the Property Owner's thereon. The Board shall determine the total .amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operational expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the Board. The total annual requirements and any supplemental requirements shall be allocated between, assessed to, and paid by the Property Owners as follows: Each Property Owner shall pay a portion of said requirements, the numerator of which shall be one (I) and the denominator of which shall be equal to the number of Lots on the Properties subject to this Declaration. The Developer's obligation for such Common Expense on Unsold Lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Areas, and on Lots to which title has been conveyed and the Common Expense levied on Property Owners who have closed title on their Lots based on a full-occupancy budget. In no event, however, will the Developer be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying full assessments on Unsold Lots for the Unsold Lots then subject to the Declaration of Covenants and Restrictions. The amount of any deficiency shall not include uncollected Common Expenses from Property Owners. The sum due the Association from each individual Property Owner shall constitute a Common Expense of the Board of Directors and unpaid Common Expenses shall co~stitute liens on the individOLots and the personal obligation <Ole Property owner, subject to foreclosure as hereinafter provided. Section 4. Due Dates; Duties of the Board of Directors. All Common Expenses shall be payable monthly in advance or as otherwise ordered by the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Common Expenses against each Lot and shall prepare a roster of the Lots and Commons Expenses applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Property Owner. Upon the written request of a Property Owner or their Mortgagee, the Board shall promptly furnish such Property owner or their Mortgagee with a written statement of the unpaid charges due from such Property Owner. . Section 5. Effect of Non-Payment of Assessment, The Personal Obligation of the Property Owner; The Lien; Remedies of the Association. If a Common Expense is not paid on the date when due, as fixed by the Board of Directors, then such Common Expense shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, bind such property in the hands of the Property Owner, his heirs, devisees, personal representatives and assigns. Such lien shall be prior to all other liens except: (a) tax or assessment liens on the Lot and/or Unit improved on the Lot by the taxing subdivision or any governmental authority, including but not limited to State, County, Village and School District taxing the Lot or any Unit improved on the Lot. The personal obligation of the Property Owner who was the Owner of the Lot when the Common Expense fell due to pay such Common Expense, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. In the event any Property Owner fails to make payment of a Common Expense, the Property Owner who owns such Lot shall be obligated to pay (a) a "late charge" of $.04 for each $1.00 of such amounts which remain unpaid for more than ten (10) days from their due date (although nothing herein shall be deemed to extend the period within which such amounts are to be paid) and (b) interest at the rate of2% per month (but in no event in excess of the maximum rate permitted by law) on such unpaid amounts (less any "late charges" theretofore collected on such amounts) computed from the due date thereof, and (c) all expenses, including, without limitation, attorneys' fees paid or incurred by the Board or by any Managing Agent in the proceeding brought to collect such unpaid Common Expense or in an action to foreclose the lien on such Property Owner's arising from said unpaid Common Expense in the manner permitted by applicable law. All such "late charges", interest and expenses shall be added to and shall constitute Common Expenses payable by 'such Property Owner. The Board (on behalf of the Owners) shall have the right to bring an action to foreclose a lien on a Property Owner's Lot or Unit improved thereon in the event that such Owner is in default in the payment of Common Expenses. A suit to recover a money judgment for unpaid Common Expenses shall be maintainable, at the option of the Board, without foreclosing or waiving the lien securing such charges. In the event of a foreclosure sale of a Lot or Unit improved thereon by a Mortgagee or by the Board of its lien on any Lot or Unit improved thereon, for unpaid Common Expenses, if the net proceeds of the foreclosure sale (after deduction of all legal fees, advertising costs, brokerage commissions and other costs and unpaid charges, or if a Lot or Unit improved thereon is acquired by a mortgagee or purchaser in foreclosure, the owner of such Lot or improved Unit thereon prior to foreclosure shall remain liable for the payment of all unpaid Common Expenses which accrued prior to such sale. ARTICLE VIII. CONSTRUCTION REQUIREMENTS FOR UNITS ON LOTS Section 1. 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 the Developer, its successors or assigns, prior to the start of any construction as long as the Developer owns. any Unsold Lots. c :> Thereafter, all plans for construction of any buildin"1 and/nr struct'ITe and t~ si ting and facing upon the pi nt must b" pr"!',,,nted to :;Inn anpr""..d in wrj t i nq by t~ Board of Directors of the Association or any Arc~it"'ctural Committ",,,, appointed b the Board of Directors of the ASRoci 'ltion. Such apprnv'll, whi ch Rnall not. t unreasonably withheld, shall be based on the judgment. of the Developer, t.he Boar of Di rect.ors or Archi t.ectura] Committ."" aR the caso;> may bo;>, as to wh..ther H proposed structure will be consistent with, and will not detract from t.he aesth",ti character of t.he Tide Group subdivision. 1'.]1 exterinr construction, painting :;I~ grading shall be complete within on", (1) y..ar aft..r cnm",,,,n,,em,,,nt of con!'tru.ctio1'1' S",ction::>. Rui]dinq Mndifications. All p"'1'1mi.tt"d huilninq!, ann. annitinn!, or nthF modifications th",reto, and any modification nf the initi.al building. including ar br""7.",way nr oth",r !'trllctur", cnnn..ctino 'In adnitirm tn th.. m.ain hllilnino, ",hal conform in archit.ecture, mat",rial 'lnd- color to su"h dw"Uin']. l>.ny att""nF addition to th", initial building Rhal] not proj.."t mnr.. th'ln fiv" (S) f....t h..vnr the front wall of t.he structure as originally approved. ARTICJ.E VTII. MAINTENANCE The Associat.ion wi 11 bo;> r"sponsi h] '" for tho;> mai nt..nanc..,. r",pai. rand r"pl ac..mo;>nt C all portions of the Common Area. Each owner will be solely respon5ibl" fnr th", maint..nanc... r",pair and r..placo;>m"T'l of all portions of th", Own",r's tot and Unit improv"d th",r",on. ARTICJ,E XI. INSURANCF. (a) Th", Board shall b", required to obtain and maint'lin, to t.n", ..~t"nt ontainabl and to the ext.",nt. d",termined by th", Board to be 'lppropriate, th", followin insurance: (i) worker's compensation and New York sat.. disahllHy h"n..fit insurance for any employees; (ii) fidelit.y in5uranc" cov"rin"1 offic..r:;, Boar members, directors, o;>mploy","'s of th.. Assnci ation and of th.. mana'li no aa"nt n agents who h:;lnd funds of th", Associatinn; (iii) dir"ctnr!,' ann nffic..r,,' ..rrors an omissiom. insunmc",; and (iv) !'uch oth",r insuranc", as the Rnard may d",t",rmin",. t~ pr~miums fnr all insura.nl)", r",ferr..d tn 'l.bov" <'Ind fnr th" li"bilit.y in's'lplnr r",f",rred to b",] ow "h'lll b.. a Commnn F.xp",ns", 'Inn "hal] h", hnrn", "'qll"lly by U Prop",rty Own",rs. (b) Th", Board shall also h", r",quir"d to obtain "Inri. rn".;~t~;n, tn t.h" ""tel' obtainable, comprehensive gen",ral liability in~uranl)e <'Igain~t cl"im~ fnr p"r~on~ in jury, d",ath or prop",rty damag", occurd ng upon, in or ahout th" common ar",a" "IT' in such limits <'IS th", board may from ttm", t.n ti.1l1" r1"t"rrnin", co"..rjnq (i) H Board, any managing ag",nt appointed by th", Board, ",ach BO<'lrd memb",r and eac Association member and any less",,,,, or occupant. 'l'h", Rnarn shall also b", r"'quirF to obt.ain and maint.ain, on b",half of th", Board, fid",lity inslIranc" co"..ring t.r Board, the Managing Ag",nt, if any, ",aeh Board m",mb",r "nd ea.ch nfficer of U Association and each employee of the Association ",mployed as such. (c) M"mb",rs shall not b", prohibit",d from carrying oth",r insllranl)e for th",ir 01- b",n",fit, at t.h",ir own ",~p"n"e. and th.. Rnarn "hall not hp nrnhihit",n from c'lrryi1'1 additional insuran"",, provin..d that any ,,"l)h polici.es sh:;lll cnntain w"i,,"r~ r Rubrogat.ion, and furtn"r provid",n tna.t th", li.ability of th.. ""rri..r" i",,"i1'1 in"uranc", nbt"inpd hy th", Bn"rn ~hall not h" aff..ct"r1 or nimini"h..n hy r..""on , any ~uch additional i.n~lIranr", carripd hy any M",mbpr. (d) Tn th~ ~v~nt that th~~ommon ~~~a of ~ny part th~~Of is damag~d or d~stroyp by fi re or other casual ty t.h~ Board wi 1 1 arrang~ for t.h~ prompt. r...pai r an r~storation thereof and th~ Board. or th~ Tnsuranc~ Trust~~, as th~ cas~ may be shall disburs... t.he proceeds of aJI insurance polici...s t.o t.h~ cont.ractors engage in such repair and restoration in appropriat~ progr~ss paym~nts. If th~ insuran~ proce...ds are less than suffici...nt. to cover. or exce...d. th~ cost of repairs aD restoration. th~ d~ficit or surplus. as th~ cas~ may b~. will b~ born~ ~qually t all Property Owners as a Common F.xp~ns... or shar...d equally by all Property Owner~ except that the amount of any surplus payabl~ t.o any M~mber pursuant to thi Sect-i on (d) shall be 1 essened by the amount. of any unpaid Common Area Comm( Expense against such Property Own~~. . ARTICLE X. USE OF PROPERTY The use of a r.ot and any Uni t. improved ther",on bv a Hemb",r or oth~r occupant sna I be subj~ct to the rul~s. regulat.ions and provisions of this Declaration. t.he Rv Laws and any rules and r~gulations of t.h", A"soci.ation a" t.h~y may he 'lnn",d to r promulgat.~d by t.h~ Board of Dir~ct.ors ann th~ fo) lowing covenant" ann restri ction" (a) Th... r,ot. any Uni t i mprov...d thereon. and any a rpa rest dct",d to HIP Mpmb",r' us~ shal) be maintained in good repair and oV~rall app~arnac~. (h) Any Property Ownrr who mortgag~s or sells his Lot Or Unit improved therer shall noti fy the Board of Dired.ors providing the name and address of hi s mortgage of new Property Owner. (c) The Roard of Di rectors ",ha) 1. at. th... rpqu",st. of of t.h", mort gag",,,, of t.h", T,,, or any Unit improved ther~on. r~port any d~linqu~nt assessm~nts due from th~ Owne of such Lot or Unit improved thereon. (d) No nuisances shall be allowed upon the Properties nor shall any use D practi c~ b... allowed whi ch is a source of annoyance t.o resid...nts Or whi ch int...rf...re with the peaceful possession and proper use of the prop~rty hy it.s r~sid~nts. (e) No improper. offensi ve or unl awful use shal I be made of the Properties nor aT' part th~reof. and a.ll valid laws. 7,oning ordinanr:~s. t.h", rpgulations of al governmental bodies having jurisdication thereof. shall b", oh"ervpd. (0 Reg11lations promulgat~d hy thp Board of Dir~ctiors conc~rning the use of H Propert.ies shall be observed by th~ Membprs. (9) The Common Expensps shall b", paid wh~n du~. (h) (i) RUFFER AREA. No prop",rty own",r shall move, remove. add or oth"'rwi~ chang~ th~ landscaping of thp Ruffp~ ;o,r~a wit.hout th", r:on<;~nt of the Boaxd · Di rect.ors or any Archi t~ct.ural commi t tee and the Sout.ho ld Town pI ann; ng Board. Tt Buff~r Ar~a shall be us~d for veg~tation only. Th~ Ruff~~ Area sha)1 not h~ u" for storagp of any nature .or for any other p1lrp0"'p, 'l'hp ".rp" of th", Buff..r Ax~ shall not be includ~d in any sit~ plan calculations. Th.. )annscaping shall t maintained by the Property Owners Association whereby pa,-,h lot lownpr sh"l I r responsible for t.hat. prorata arpa of Buffpr Arpa as shown on thp S11bn.l.vi ",1. on m~ and in front yard areas.(ii) COMMON AREA. No property ownp~ shall move, ~..mov~ add or otherwise change th~ landscaping of th~ Common Area witholl.t. thp r!ons..nt. ~ the Roard of Di rector", or any Architectural Commi ttep and the southol d '1'01' Planning Board. The landscaping shown On th~ la]1nscap~ plan or final snbn.ivisir map approved by the Southold Town Planni.ng Roard shall not bp moved. r..moved r ot.herwise changed wit.hout t.he approval of th.. Southold Town Ptanning Board. L. #3 will be responsibl.. for th.. maint.enanc.. of th.. designated landsr:ape plan. ~r #1 will be responsible for the maintenance of the landsr:aping at the entrance. . ,..... '" J (i) No person shall he permitted to use thp Common area p~cept in accordance wit the rules and regulations established by the Association's Roard of Directors. (j) The Common Area shal I not be obstructed, lit.tered. defaced or misusp<,! j~ ar, manner. (k) F.very Member shall be liable for any and all damages to the Common Area ar t.he propert.y of. the Associat.ion, which shall be calJsed by i'll'li d Member, it permi tted occupants of units on the r,ots, t.hei r respecti ve guest.s and ot.her sue- person for whose conduct. t.he Member is legally responsible. (1) Nothing shall be done or kept on t.he Association property which will increas the rate of insurance of the Common Areas or cont.ents thereof without the pri~ written consent of the Board. No member shall permit anything to be done or kep on the Properties which will result in t.he cancellation of insurance on the Comme areas or which would be in violation of any law. No lot shall be divided and conveyed as t.wo (2) or more separate parcels. (m) (n) any t.hey No animals, livest.ock or poultry of any kind shall be raised, bred or kept. c ~ot, except. t.hat. dogs, cat.s or other household pets may be kept provided tha are not kept, bred or maint.ained for commercial purposes. (0) No t.railer, t.ent, shack or other such struct.ure shall be locat.ed, erect.ed c use on any r.ot. permanently. (p) No noxious or offensive activit.ies i'lhalJ be carried on or upon any Lot. nr shall anyt.hing be done thereon which may he or may become an annoyance or nuisane t.o t.he community. (q) Garbage or garbage to be inconspicuously rubbish shall not be oumped or allowed to remain on any r,ot.. AJ collected must be contained in a closed receptacle. placF outsioe the builoing for collection. (r) Fences, whether fabricated or growing sha.ll not. exceed SOllt.nold Town Cor liinitations. (s) No boat. or boat. t.railers shal I be placed on any r~ot unless in a qarage r aut.horized accessory building. (t.) No fi res or fi re pi t.s sha J J be permi t. t.ed in t.h.. Common Areas 1m less apprOVF by the Board of Directors. (u) The use of the roaos shall be subject. t.o reasonahl e regulation,> from time t t.ime promulgated by the Board of Direct.ors. (v) Tleveloper shall have the right. t.o display signs for promotional saleF exhi bit and administ.rat.ive purposes upon any port.ion of t.he CommOD 1\1:"I>a<\ or upe any Unsold r.ot unti 1 the 1 aSt Unsol d r,ot wi t.hi n the Propert i es is sol d ar conveyed. Developer shall h~vn the right., the foregoing notwithstanding, to plae permanent signs on Lots of its choice, at sites chosen by Develop..r. nevelop~ shall also have the right to install fencing and walls on the ~ot at perimet~ sites cbosen by neveJoper. No Property Owner (other than Tleveloper) or tenant e- other person on the premises sha 11 remove, al t er, change. int.erfere wi th or t.a.mpf with, in any way, said signs, walls or fence~, which shall be maintained in g00 condi tion by the Associat. ion and i t.R Board of Di rect.or~. The cost. of sur maint.enance shall be treated as a Common Expense. . c :) ARTICLE XI. ACCESS TO PROPERTY a) The access for all lots located at the end of a cul-de-sac (Lots 3, 4, 7 an 8 on the map dated January 10, 1992) shall be designed at such time that th individual site is developed, in Ruch a manner aR to provide additional turnin area for tractor trailer trucks. b) Parking is to be prohibited in all cul-de-Rac~. . c) Access to all lots shall be via the proposed road~. No lot ~hall have direc access onto Depot Lane or County Road 48. d) Internal parking design may be required by the Southold Town Planning Board ~ the time individual site plans are sought. This section shall not be terminated, r..voked or amended wi thout <I. m<ljori ty conilen of the Southold Town Planning Board. ARTICLE xrr. SOUTHOT,D TOWN PI,ANNING BOARD RF:STRH~TIONS AND ENFORr.EMRNTS Throughout thi s document reference is made to rest ri d i onil requi red by an enforceable by the Southold Town Planning Board. The following ~hall apply in al such instances where this occurR: a) The declarant grants the continuing right in perpetuity to the Town of southol or any of its designated representatives to inspect any area~ design<lted as ope space, common areas or any simU ar nomencl.at.ure so as to insure continu.. compliance with the covenants, termil and proviilions designated herein ;n regard t same and to insure that. such covenants, t..rms and pro"; Rion~ have not bee violated. b) DecJ arant grant.R the cont; nu; ng ri ght. in perpetui ty to t.he Town of Routho 1 d (' any of its designated representatives to enforce the conditionil and reiltriction of the covenants as t.hey relat.e to the open space, common area or nomenclat.ure an to take any legal action it deems necessary to enforce thp. conditions afl restrict.ions of the covenants. These rights of inspection and ..nforcp.ment shall r binding upon decl arant, thei r hei rs, executors, I ega I represent.at. i ves distributees, successors, assigns and transfer..es. ARTICLE XIII. DEVELOPER'S RIGHT TO CHANGE SITE PLAN Section 1. Right to change sit.e plan. Developer reserves the right to make minr revisions of boundary lines and road lines from thosp. shnwn nn thp. site plan i order to preserve t.he natural topography of all or any pnrtion of The Propertie and to adjust the si"e of the T,ots t.o accommodate the improvementil on all Or afl portion of t.he Properties now or hereafter construct.ed, subject to any require approvals by the Town of Southold or any other public agency. The rights reservp t.o DevelopE'r hE'retmder shall includE', hut no h.. limit..d to. U,," riqht (1) nf reversion of tit.le to insubst.ant.ial portinns of tn.. r.nmmnn Arp~~ tn b.. convpved t t.he Association for thE' purposE' of adding ~uch portions to Onp nr mnr.. of thp. T,nt~ (ii) t.o change in an insubst.antial manner, the lncat;on of T.ot~ nnt yet cnnvey" by neclar~nt ~nd t.he Common Areas and the location of thE' improvE'ment.s therE'on; an (iii) to change in an insubstant.ial manner, the loc~tion nf ~ rn~d or rnads . - \.., ~ Rection 2. Procedure to change site plan. The Association hereby consents (an' t.he deeds conv",ying t.b", Common Axe",s t.o t.he Associat.ion shall si.milarly provi.d" t.hat. t.he Site Plan may be amended t.o effectuate "'ny of the provisions cont.ained i Sect.ion 1 abov", , wit.hout. any further covenant.s and t.hat. the Associat.ion will, i requested, execute, acknowl edge and del i ver, wi t.hout. charge, a deed or deed reconveying to Developer of to an Owner of any land t.heret.ofor", conveyed to t.h Associat.ion 50 that a revifli on or correcti on deed or deeds conform; 11C1 to <In amende sit.e plan may be delivered. The deeds conveying the toots to Property Owners ma also provide that the site plan may be amended accordingly for t.he above purpose without any consent on their part being required, and that the accept.ance of a de" shall be deemed a consent to such future amendment or amendments of t.he sit.e plan and that such Property Owners covenant. that they will, nevertheless, if requested execute, acknowledge and deliver without. charge, a deed or deeds reconveying t Developer or the Association any land theretofore conveyed to the Property oWn" SO th",t a revision or correct.ion deed or deeds conforming to an amended si.t.e pla may be delivered. Regardless of t.he foregoing, the recording by or behalf r. neveloper of an amended sit.e plan to d~lineate any or all of the chanqes provid" for in this Article XIII shall be deemed a modifica.tion of any prior instrument whereby neveloper conveyed tit 1 I' to any and a 11 of t.he ('ommon Areas to t.r Association. The provisions of this Article XIII, sections] and 2 may not be amended with~' the written consent of the Developer, its successors or assigns. ARTICLF. XIV. GENERAL PROVISIONS Section l. Beneficiaries of Easement.s, Rights and Pri vi 1 eges. The ..asement.F licenses, rights or privileges established, creat.ed and granted by t.his Declarati( shall be for t.he benefit. of and restrict.ed solely t.o. the Developer, H Association and t.he Owners of t.he tots and any improved Dnits thereon and Dnsol Lot.s on t.he Propert.ies, subject. in c"-se of the Common Are"-s t.o be rul es ar r",gulat.ions of t.he Board of Direct.ors, but. t.he same is not intended nor shall i be conflt. 1"11ed as cre,,-U ncr anv rj qhts in or for the benefi t. of tne cren..ra 1 Dl1b 1 i ( . _ .. _ + _ n _ _ . -"'" ....;. -- - H .. ,." .. - -. - - - ... - - ... . - - S",ct.ion 2. Duration and Amendment. The covenants and reflt.ricti Onfl of t.hi DeClaration shall run wit.h, and bind t.he land, and sh",11 inure to the ben.,fit of and be enforceable by t.he Associati on, any Member, or t.h", Owner of any land subjer to this Declaration, their rpspeoctive legal rppr-psentati"p~i hpi,r~ Rll("'("'pc;:;snl"'S, ;::n assigns, until December 31. 2060, ul11",ss ot.h"'t"wise expressly limit..,d j-,"'t""i_n, "ftF wit.h time, said covenant.s and restrict.ions shall b", aut.omaticallv extended fr succ",ssive p",riods of t",n (10) y",ars, unl",ss an inst.rument. signed by sixty six ",r two thirds (66-2/3) of the Members, then subject. to t.he Decl,,-ration, hiOs beF r",corded, agreeing t.o chang", said cov",n",nt.s and rest.rictions in whole ot" in part Notwi t.hst.anding the foregoing, the ",asements, 1 icenses. ri qht.s "-nd pri vi 1 eC'JF' est.ablished and creat.",d wit.h respect. to th", Prop",rties by S",ct.ion 2 of Art.icle shall be perpetual, run wit.h th", land, and sh,,-l1 survive any destructior r",const.ruct.ion and relocation of t.he physical struct.ure, un1efls said provision j abrogated by the unanimous writ.ten consent. of all the Members. unless specifically prohibit",d or different. r",quir",ment.s are provided her",in. t.hi Dec1arat.ion may be ,,-mended by ",n inst.rumel1t. fliClned by Member" holdinq "nt le"s th. sixt.y six and two-thirds (66-2/3) of then ",xist.ing memberflhip. Any am",ndm",nt. mu~ be properly recorded to be effective_ c .~ Not.wi t.hst.anding any provisi on cont.ainl'>d hl'>rl'>in t.o t.hp cont.rary, no amendment. modificat.ion, addit.ion or delet.ion of, to or from this Declaration, the By-Laws 0 any rules and regulat.ions shall hI'> pffect.ivl'> in any way against Developer or it designee or any Unsold Lot, as long as the Developer owns and Unsold T,ot on th Propert.ies, unless Developer has given its prior writ.ten consent. theret.o. Developer hereby reserves the right to amend, modify, add to or dp.let.e from thi Declarat.ion at. any t.ime wit.hout the rp.quirement. of obt.aining t.he approval, consen or signature of the Board of any Membp.rs for t.he purposp of making any technica correct.] ons or addi ti ons or any other changef' that ado not matp.ria 11 y and ad"f"rf'e I affect. t.he Property Owners. Such amp.ndment., modification, addition or deletion of t.o or from t.hif' Declaration, d1l1y execut.p.d, in form for recording, shall !:' recorded by Declarant. against the Propprty and t.heret.ofore sllbjp.ct to thi Declaration. Section 3. Disposition of Assets Upon Dis501ut.ion of Association. upc dissolution of the Association, its real and penlon"l ""sets, including t.hp. Commr Areas, shall be dedicated to an appropriate public agency or utility to be devotE to purpose5 as nearly as practicable the same as thosp. to which they wp.rp. rpquirp to be devoted by t.he Associat.ion. In t.he event. such dedications refusp acceptance, such asset.s shall be granted, conveyed and assigned to any non-profi corporat.ion, association, t.rust or ot.her organizat.ion to be devot.ed t.o purpose a nearly as practicable t.he same as those to which they were requirp.d to be devotE by the Association. No such disposition of thp Association propf"rtips shall t effp.ctive to divest or diminish any right or t.it]p. to any Memhpr vestpd in hi under t.np. 1 i cenRes, covp.nant.s and easp.mp.nt.s of thiR npcl ara.ti on, or under a subsequp.nt.ly rp.corded covp.nants, dpeds or other docump.nts apP 1 i cab 1 p to t.r Propert.ies, p.xcept as may be othp.rwise provided in this Declaration or sai covenant.s, deeds or other docump.nts, as t.np. case may bp., nor sha 11 any otn",r part under any such deeds, covenants or other document.f' be depri vpd of any ri ght thereundp.r on account of such disposition. Sect.ion 4. Not.i cp.s. Any notice requi rp.d t.o be sent. t.o any Member or Propert Owner under t.he provisions of t.hi.s Declarat.ion shall bp. dp.emed t.o have be" properly sent. when mailed, by cp.rt.ifip.d mail rp.t.\lrn recpipt. rp.quest.ed, post.pai.d t.o.the last. known address of the pp.rson who appears as Memhp.r or Propprty Ownp.r c the records of t.he Associat.ion at t.he time of such mailing. section 5. Administ.rat.ion. The administ.rat.ion of the AS50ciat.ion shall be i accordance with t.he provisions of t.he Associat.ion Ry-Laws whicn arp madp. a part c this Declaration and att.ached heret.o as Exhibit "B" t.o the Declaration. Sect.ion 6. Severability. Invalidat.ion of any of the covenant.s. limitations r provisions of this Declaration by judgment. or court order shall tn no way affer any of t.he remaining provisions hp.reof and t.h~ same shall cont.inup. in full forr and effect. Sect.ion 7. Special Rights to npclarant.. Notwit.hstanding anything t.o the contrar contained herp.in so long as there are any Unsold Lot.s, Oevp.loper and any design" of Developer shall he t.he rights, without. requiring t.he cons~nt. of p.ither th Association or any other Member(s), and wit.hout charge Dr limit.at.ion, to: (" have it.s employees, cont.ract.ors, subcont.ract.ors, and sal~s agent.s present on th Properties and on t.he Unsold Lots; (b) erect and maintain siqns and othE promotional materials (including, wit.hout limit.ation, "for sa}e", and "for rent signs), in connection wit.h the promotion, sale, leasing, managp.ment, or opp.ratic of t.he Unsold Lot.s; (c) use anyone or more Unsold Lots for; (i) model units, (ii offices for t.he promotion, sale, rent.al, management and/or operation of the Unsol Lots, (iii) offices in connection with any installation, construct.ion, o o modification, al teration, renovation, maintenance, repair, restoration, replacemen or change being performed or to be performed by, or on beb~lf of, Developer wit respect to the Common areas ~nd/or the Unsold Lots; and/or (iv) for any othe purposP.; and (d) do and cause to be done all of t.be things t.h"t. "re n....,..ss"ry desirable and appropriate (including, without. limit.at.ion, t.he liSP of the Commo Areas and t.he Unsold Lot.s) for t.he purpose of: (i) t.he promot.ion, sale, rental management and/ or operation of t.he Unsold Lot.s; (ii) t.he performance ",.nd campI "t. i" of installation, construct.ion, modificat.ion, alt.erat.ion, renovat.ion, maintenance repair, restorat.ion, repl~cement. or change being perfor!1;lpd or to hp performed, hy or on beha I f of, Developer wi th respect. to t.hP. Common Areas and/ or (i i i) tb exercise, performance and discharge of Developer's ot.her right.s and obligat.ion under this Declarat.ion, t.he By-Laws or t.he rules and requlat.ions. In no event. however, shall Developer of such designee he ent.it.led t.o use any port.ion of t.h Common ArP.as in such a manner as will unreasonahly int.erferP. wit.h the use of th same or of any Lot for its permitt.ed purposes. The provisions of this Article XIV Section 7 may not be amended without the writ.ten consent of the neveloper, or it successors or assigns. THE TIDE GROUP By: - LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Sec- tiOR 276 of the Town Law, a public hearing will be held by the Southold, Town Planning Board,althe Town Hall, Main Road, Southold, New York in said, town on the 18th day of March, 1996 on the question of the following: 7:30p.m. Public hearing for the proposed major subdivision for Thomton E. Smith, Section I 'in Mattituck, Town of S~uthold, County of Suffolk, State of New York. Suffolk 'County Tax Map Number 1000-121-1-1 and 113.7-19.2. The property is bordered on the north by land now or for- merly of Harry Checkla and , Don Schuhnan, by land now or , formerly of Minas MihaItses .andVassiIikMihaItses, by land . now or formerly of Catherine Siinicich; on the northeast by land now 0'" formerly of Franklin Boeckman and Arlin Boeckman; and by land now or formerly of Walter & Mary Ann Gatz; on the east by land now or formerly of WaIter& Mary Ann Gatz; 00: the south- east by land now' or formerly of Louis' Buonaguro & Maureen, J3uonaguro; on the. south'bjr~<IAvenue, by land now or formerly of James' T. Connolly and April L. Connolly, by land now or for- ' . merly of Guy Sobering, and by , land now or- formerly of . France~ Weiss; on the south- west by land now or formerly of Thomas Zaweski & Chris- tine Zaweski, by land now or formerly of David Starwood 'and Jane' St3rwood; by'land ' now or formerly of Suffolk ' County Industrial Develop- ment Agen,CY; and o!, the north- west by Bergen Avenue. .<,,1'--., '-' 7:35 P.M. Public heating for the proposed major subdivision' for North Fork Industrial Park (a.k:a. Tide Group), in Cutchogue, Town of South old, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96- I-I. . The property is bordered on, 'the north by land now or for~: meily' ofJohO P., Krupski; on' . 'the east by land now or for-' merly of Frank McBride; on the south by Middle Road (C.R: 48); on the southwest by De: pot Lane; and on the northwest by land now or formerly of Mildred Goodwin. . Dated: March 4, 1996 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Ward, . Chairman IX-3/7/96(20) . ~~' " COUN'",JOF SUFFOLK STATE OF NEW YORK ss: Joey Mac LeI/an, being duly sworn, says that he isthe Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / weeks ........................................................................ a;- successively, commencing on the .........?....... day Of................z:...!.J.e..~--' T9.?f.. 4.... ............ ~~.............. .......v(j.... ~l...., Sworn to before me this..............2..:':.. day of )~J 7& .......................................................................,19....... ~4~F,.,,~~~ ................................................................................... Notary Public BARBARA A. SCHNEIDER NOTARY PUDUC, Slate of New York No. 480S846 Qualified in Suffolk County, J Commission Expires 8/31/11:. ~-- ;r::) P [i, ;,' ,; ~;" ~-: Ii :j I t5 :,.'] ;2 :i ",t7 !? i ), 11 ~! r--~~~;- \', ~ 'f f n ;~ I ;i'lilll :"", !~,,/J,R j 21'~ IIU!I :'....'-,.~ ' v~ iU i . l j , 1--.._____ ---J I L '\"'U'}('I ;-";~,I ;:;,'-: .i:,:.~.-~ ",':~',\_I~ I j ""~;I'<I:::'j{J !:;iJ,,Jj1f) -~- c , Su-eF tV\:S Submission Without a CO'Ver Letter Sender: fe-con 10 S U-r ve y()(S Subject: Tiel L 6J (6Uf SCTM#: 1000- q(g-I- I Comments: 7 (eM se.ol. p 1Q.t>\ s ~: ;\ : .,,~ ' fj" , ( I' , II' ' LI~ i I'MR 51996 I ! . '---~""_ .V r ~__, ~<. .~---\ ~\)uf'l\:LD ~' '. fl," ~ 1,8 '\d-, u -... ------~-~......~- o PLANNING BOARD MEMBERS RICHARDG. WARD Chairman GEORGE RITCIllE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS ~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 27,1996 Henry Raynor P.O. Box 1459 Mattituck, New York 11952 RE: Proposed Major Subdivision North Fork Industrial Park (a.k.a. Tide Group) Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, February 26, 1996: Be it RESOLVED to adopt the bond estimate dated February 23, 1996, and to recommend same to the Town Board. The bond estimate is in the amount of - 405,295.00, with an administration fee in the amount of 24,317.70. Be it RESOLVED that the Southold Town Planning Board set Monday. March 18, 1996 at 7:35 P.M. for a final public hearing on the maps dated February 5, 1996. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's new notification procedure. The signs which must be posted on the property and the notification forms are enclosed for your use. The following items must be addressed prior to the public hearing: 1. The Planning Board is not in favor of using Native Cedar in the required buffer area. A mixture of White Pines and Red Spruce are to be used. In addition, c ,....,., ....." Page 2 Proposed major subdivision for Tide Group February 2 7. 1996 the Planning Board is requiring that street trees be planted within the buffer area along Depot Lane and C.R. 48. This must be so noted on the final plan. 2. The following revisions must be made to the Declaration of Covenants, Restrictions, Easements, Charges and Liens prior to the public hearing: Article X (h) This section must be clarified, it is confusing as written. It must have a heading notifying the reader that section 'h' describes the terms of the buffer area. It must be clear as to what is, and what is not allowed within the 100' buffer area. In addition, it must be stated that there shall be no change to the landscaping within the buffer area without Planning Board approval. This section must note that the terms for the buffer area (i.e. everything included in section 'h') cannot be changed without Planning Board approval and that the Planning Board can enforce all conditions of the section. Article XI (e) and (f) These paragraphs must be used throughout the document (or referenced) for all restrictions required by, and enforceable by, the Planning Board. Please contact Melissa Spiro if you have any questions regarding the above. Sincerely, ~JwJ g uI~ 1/1(.5, Richard G. Ward Chairman cc: James Richter enc. PLANNING BOARD MEMBERSO RICHARD G. WARD Chairman ~\:~ 'i>llfFOL,t ~ ~ ~.~~ => ;..<.\2, Q ~ t) Cf.I :;eN ~~ . !5 ~ GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILL~J.CREMERS KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 27, 1996 Judith Terry, Town Clerk Town Hall Southold, NY 11971 RE: Proposed Major Subdivision North Fork Industrial Park (a,k,a, Tide Group) Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Ms. Terry: ~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 26, 1996: Be it RESOLVED to adopt the bond estimate dated February 23, 1996, and to recommend same to the Town Board. The bond estimate is in the amount of 405,295.00, with an administration fee in the amount of 24,317.70. Please contact Melissa Spiro if you have any questions regarding the above. Sincerely, tlkl/1Ji/ Richard G. Ward /1'15 Chairman enc. o RAYMOND L. JACOBS ~b'l' Q Pp) JAMES A. RICHTER, R.A. If6 SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT ITEM 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Fax. (516)-765-1750 OUANTITY 1. 2 . 2.5 ACRE 4,200 C.Y. 3. 11,200 C.Y. 4. 5. 6. 60 L.F. 4,300 L.F. 6,300 S.Y. 8 EACH 1 EACH 1 EACH 1 EACH 93 L.F. 495 L.F. 395 L.F. 1,200 TONS 950 TONS 1,050 TONS 30 L. F. 780 L.F. 1 EACH OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ENGINEERING INSPECTOR PECONIC LANE, PECONIC, N.Y. Tel. (516)-765-3070 BOND ESTIMATE FOR THE TIDE GROUP - CORBY PARK AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000-96-01-01 FEBRUARY 23, 1996 DESCRIPTION CLEARING & GRUBBING ROUGH GRADING/ UNCLASSIFIED EXCAVATION EXCAVATION AT RECHARGE BASIN SAW-CUT CONCRETE CURBING FINE GRADING DRAINAGE: CATCH BASINS MANHOLE HEAD-WALL & APRON LEACHING BASIN W/ C.I. GRATE (8'Dia. X 12'd.) 30" Dia. CMP 24" Dia. CMP 18" Dia. CMP SURFACING: 3/4" STONE BLEND BASE BINDER COURSE ASPHALT WEARING COURSE ASPHALT GUARD RAIL CHAIN LINK FENCE CHAIN LINK GATE UNIT PRICE $ 2,500.00 6.00 2.00 3.00 10.00 1. 50 2,000.00 2,000.00 2,000.00 2,500.00 30.00 25.00 20.00 25.00 40.00 40.00 20.00 25.00 1,000.00 r"' if: ...' ~. FEB 2 3 1900 ,.-~,; AMOUNT $ 6,250.00 25,200.00 22,400.00 180.00 43,000.00 9,450.00 16,000.00 2,000.00 2,000.00 2,500.00 2,790.00 12,375.00 7,900.00 30,000.00 38,000.00 42,000.00 600.00 19,500.00 1,000.00 Page .1 of 2. o ::) Page 2. of 2. BOND ESTI~TE FOR THE TIDE GROUP CONTINUED: CORBY PARK AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000-96-01-01 20. 21. 22. 23. 24. 25. 26. 27 . 28. 29. FEBRUARY 23, 1996 8 EACH CONCRETE DRIVEWAY APRONS 1,000.00 8,000.00 4 EACH STREET LIGHTS 2,000.00 8,000.00 158 EACH STREET TREES 200.00 31,600.00 SCREEN PLANTING 84 EACH RED SPRUCE 150.00 12,600.00 84 EACH WHITE PINE 150.00 12,600.00 9,500 S.Y. TOPSOIL & SEED 2.50 23,750.00 12 EACH CONCRETE SURVEY MONUMENTS 100.00 1,200.00 7 EACH STREET SIGNS 200.00 1,400.00 1 EACH FIRE WELL 20,000.00 20,000.00 JOB MAINTENANCE & PROTECTION OF TRAFFIC 3,000.00 SUB-TOTAL $ 405,295.00 + 6% ADMINISTRATION FEE $ 24,317.70 TOTAL $ 429,612.70 f" ..~ SERVI..,Tnn.. ., # L~ /I1S-t-/~ HENRY E. RAYNOR PO BOK 1459 320 LOVE LANE MATTITUCK, N.Y. 11952 516-298-8420 516-298 2127 (FAlO FEB. 8, 1996 TO: SOUTHOLD TOWN PLANNING BOARD RE: TIDE GROUP ENCLOSED HEREWITH ARE THE REVISED MAPS, WITH THE CORRECTION ON THE AMENDED SCHEDULE REQUESTED BY THE PLANNING BOARD. IF YOU HAVE ANY QUESTIONS, PLEASE CALL. PLEASE SET THIS FOR THE EARLIEST POSSIBLE~ARING DATE. THANK YOU. ,"., ~-~'~-'-",~._-~-" '-,-' ""~-'~~' -'--.'.- .'... ~,~-.,., P~-l ~ [J~~ l~ U \Vj [~ r-~ I In, .___.__. -.--"' - , iJ I, ", " ,., I "J :1 ; p rl'~ : f ; ~ 1 : 1 !;t F "\, l' ILk: ; EB 8 1!116 Il:1 I I 1-_._._.._...._.--1 . t~~~~~fD~:{L::::i~~:l2:E_~ ._~~.,._.i 3;)() dtfJJJ- ~ ~CfL,J^1llq(~ ~ ~ d-3,10Q(o ~ s;;r ~t :iMJHI ~~ /MJ- #j.1h1: ~~ ~~ '~I I(f' //4// P-" Jl-e-T/tIL ~ (Jx~ (jrCu:T~; ~ I~.~- fA,c~ If'J.- --/-8.L ~ ~ 0~{L~~uLfn~~' .~~I ~ rn ~ re', ..-"-- -- D 'I'''''' .'0 eJ.. 1 L:,' I" ;,~ , ,..... ':, L:^" ? ' 'C" f r:" ~,~ . . '. ,. t'''--'--....,,__ ,'",,'" , Ilr~~\ n; ii. ,i !; 1 ;-~~.:_.~,~_. . ! 1 ,~,~ i '-. Ii ii i; lilil; JAN 25/996 DBCLARA'fIOII OP COVBllAII'f8, RE8'1'RIC'l'IOIl8, I '~'i .... BA8BM1Ul'f8, CHARGB8 AIID LID8 .._~ .... , Sl:Ln:{'" ' F:i>;'<.]:.;":,:_.: '. ~~..~..,,,..~._---_::.,, . -", ._~- D.cl.r.tion mad. .. of this day of , 1995. by Th. Tide Group, a lI.w York corpor.tion with offic.s .t 320 Lov. L.n.. M.ttituck, lI.w York 11952, h.r.in.ft.r r.f.rred to a. "D.v.lop.r" or "D.cl.r.nt". ""'" ....J Ii I '1' II B 8 8B '1' H: . . WHEREAS, D.v.lop.r i. the own.r of the r..l prop.rty d..crib.d in Articl. II of this D.claration and shown on the fil.d map of the Prop.rty which Decl.r.nt de.ir.. to subdivide industri.l prop.rty where common f.cilities will .xi.t for the b.n.fit of tho.. who purch... .aid parc.l. of this subdivision; and , WHEREAS, D.velop.r has d.em.d it de.irabl.. for the .fficient pre.ervation of the valu.. and am.nities in said Community to cr..t. .n agency to which should be deleg.ted .nd .ssigned the powers of maintaining and administering the Community property .nd improv.ments and .dministering .nd .nforcing the covenants and restrictions .nd collecting and disbursing the assessments .nd charges hereinafter created; and WHEREAS, Developer has incorpor.t.d the Tide Group Property Owners Associ.tion, Inc. under the Hot-Por-Profit Corpor.tion l.ws of the st.t. of New York for the purpose of .xercising the .for.s.id functions; IIOW THEREPORE, the Developer, for its.lf. its successors and assigns. d.cl.r.s that the r..l property describ.d in Article II is and shall be held. tran.f.rred. sold. convey.d .nd occupied .ubj.ct to the cov.nants. restriction., .asement.. ch.rg.s and liens (.om.tim.. ref.rred to as "cov.nant. and r.striction.") h.reinafter set forth. ARTICLE I. DBPIIII'1'IOIl8 - The following word. wh.n u..d in this D.claration or any Supplemental D.claration sh.ll, unless the cont.xt otherwise prohibit., have the meanings ..t forth below: (a) "As.oci.tion" .hall lIlean and r.fer to the Tid. Group Property Owners As.oci.tion, Inc., . 1I0t-Por-Profit corpor.tion. (b) "Th. Board" .hall 1Il..n and refer to the Board of Director. of the Association. (c) "By-Law." .hall lIlean and r.f.r to the By-Law. governing the op.r.tion of the As.oci.tion, the form of which is ..t forth in Bxhibit B her.to. (d) "Common Exp.n..s" shall m.an and r.f.r to tho.e expenses (including r.s.rv..) which are incurred or ......ed by the A.soci.tion in fulfilling its lawful r..ponsibiliti.. (h.r.in .ometim.s ref.rr.d to as "Assessment"). (e> "CoDlllon Properties" or "Colllllon Are.s" .h.ll mean .nd refer to certain areas of land excluding the industri.l lots as shown on the'.Piled Map of the Prop.rty in the .Suffolk County Clerk'. Offic. .nd including. without limit.tion, the int.rn.l ro.dw.y., op.n sp.ce .nd dr.inage .reas. =,'-~' .," , ... c ~ mean and refer to this Declaration of Covenants, Charges and Liens, as the same may from time to (f) "Declaration" shall Restrictions, Easements, time, be amended. (9) "Developer" or "Declarant" shall mean and refer to the 'l'ide Group, a lIew York corporation and its successors and assigns, if sucb successors and assigns should acquire an undeveloped or developed but unsold portion of tbe Properties from the Developer including, without liadtation, any mortgage wbich has foreclosed or acquired by other means tbe interest of tbe Developer. , (b) "Development" or "COIlIIlWlity" sball mean tbe Tioe Group subdivision, a commercial development of the Properties which shall consist of eight (8) lot.. . (1) "Piled Map" shall _an and refer to the map for tbe Tide Group as filed in the Suffolk County Clerk'. Office. (j) "Unit" shall mean and refer to all units of commercial buildings situated upon the Lot. on the Propertie.. (k) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial use. shown on the Piled Map of tbe Properties filed in the Suffolk County Clerk's office but shall not include the Common Areas. 0) "Member" .hall mean and refer to eacb holder of a membersbip int.reat in tbe Association, as sucb interest is set forth in Article III. Eacb Member shall be entitled to one (1) vote. (m) "'I'be properties" .hall mean and refer to all sucb Properties described in Article II. (n) "Property OWner" or "owner" shall mean and refer to tbe record owner of fe. simple title to any Lot, including tbe Developer witb respect to any Unsold Lot. Every Property Owner shall be treated for all purpose. a. a single owner for each Lot held,irre.pective of whether sucb ownersbip is joint, in common or tenancy by the entirety. Where such ownersbip i. joint, in common or tenancy by tbe entirety, sucb collective ownersbip sball conatitute one (1) Heaber. (0) "Unsold Lot" shall mean and refer to any Lots owned by the Developer and any successors or assign. until such time as the same have been sold to a tbird party. ARTICLE I I. PROPERTY SUBJEC'I' 'to 'tHIS DICLARATIOH Section 1. Properties. The real property which is and shall be beld, transferred, sold, conveyed and occupied subject to this Declaration is all tbat certain plot, piece or parcel of land situate, lying and being in the Town of southold, County of Suffolk and State of lIew York, being more particularly bounded and described in Schedule "A" aoned hereto. AR'I'ICLB III. MBKBUSHIP UD VO'I'IIlG RIGH'I'8 III 'l'HB A88OCIA'1'IOII Section 1. interest. Properties ~--h.rsbip. The Association shall have one class of membership 'l'he owner of a Lot wi th or without an improved Uni t on the subject to this Declaration shall be a Member. '-.-. - -... ~.' . c :) Section 2. Voting tigbts. B.ch Melllber i. entitled to one vote re.pective tc the number of Lot. owned by . Melllber. When more th.n one per.on or entit) holcla .uch interest in the ___uhip, the one vote attributable to auct lI\eIllber.hip shall be .aerci.ed .. .uch per.on. mutually determine but not mon than One vote may be c..t with r..p.ct to any .uch Memb.r. Par pUrpo.e. at this .ection the word "Unit" .hall have the same me.ning a. "Lot" anC therefor. if th.re i. not Unit con.tructed on a particular Lot in th~ Development, the Owner of .uch Lot will .till b. con.id.red a Member entitlec to ca.t the on. vote .. ..t forth abov.. 110 Memb.r .hall .plit or divide it~ vot.. On an1 motion, r..olution or ballot. . Section 3. 'transfer ofM....r.bip. M.mber.hip in the As.ociation ahall b~ .ppurtenant to, and many not be tran.f.rred, eacept in conjunction with th~ l.wful ..1. of cOnveyance of a Lot with or without an improved Unit thereon. No Owner .h.ll be permitted to ..11 or convey his or her Lot unlesa and until he or she .hall have paid in full to the Board all unpaid Common Eapenses anc other lUllount. required by the Board to b. paid and aasesaed by the. Boara .gainllt .uch Lot. Upon .uch aale or conveyance, the .ell.r of .uch Lot shall relinquish his or her memberahip in the Aasoci.tion and the purchaser of suet Lot .hall automatically become a Memb.r, .ubj.ct to thia D.cl.r.tion, the By- Laws and tb. Rules and Regulations. AftICLK IV. ftOItUft RIOB'l1 I. 'I'D PItOUIl'fIU. Section 1. 'fitle to c- ~ Properties. 'fh. Developer ahall convey to th~ As.ociation legal title to the Common Ar.a .ubject, however, to the followin~ covenant which aball be el....el to run with the lanel anel aball be bineling upon the Prop.rtie. anel the Asaociation, it. aucce..ora .nel .ssign.: In oreler to pre.erve anel enhanc. the property value. and amenities of th~ Development, tbe Common Area. anel all f.ciliti.. now or here.fter built or in.tall.el th.reon, ahall .t .11 time. be maint.in.el in gooel rep.ir .nei condition anel .hall be op.rat.el in .ccorel.nc. with high standard.. The maintenance anel repair of the Common Areas ahall includ., but not be limited to, ..intenance, repair of d....ge anel replacement to the internal roadways, snow removal of th. internal ro.dway., maintenance, repair and repl.c_nt if necessary of the .treet sign., dr.in.ge area., .treet treea and common lights anel maintenance of all otber utilities located on or in the Common Prop.rtie., if not maint.ineel by the applic.ble utility comp.ny. 'fbi. Section ahall not be ....neleel, aa provieleel for in Article XII, Section 2, to reduce or .Uminate the oblig.tion for maintenance .nd repair of the Common Ar.... Section 3. Bat_t of ~rs' Ba._t.. 'fhe righta and eaaements of enjoyment cre.ted hereby ahall b. .ubject to the following: (a) 'fhe right of the Aa.oci.tion to promulgate rule. and r.gul.tions for tbe us. of tb. Commons Areas; .nel (b) 'fh. right of the Aasociation, aa provided in its By-Lawa to auspend the righta of any Member for . period during which any asaessment remains unpaid and for a perioel not to eaceed thirty (30) day. for any infraction of its publi.heel rul.. anel regulation.; .nel ",-"':" ":"- -.' (c) The right of th.~ev.loper to offer for d~ation the roads and/or drainage faciliti.. to the Town of Southold or anJ other public agencJ or authoritr or private entitJ at anJ time prior to deeding the roads and/or drainage faciliti.. to the a..ociation and upon deeding the road and drainag" facilities to the As.ociation the obligation of the Association to offer for dedication the roada and/or drainage facilities to the Town of Southold Ol anr other public agencJ or authoritr (d) The right of the a..ociation, after the Dev.lop.r no longer owns an1 Unaold Lot., to dedicate or tranafer all or anr part,of the Commona Areas, tc anrpublic agencr, .uthoritr, utilitr or 'private entitr for such purpose. anc subject to .uch conditiona a. ..r be agreed to br the M~en, provided that no such dedication or transfer, determination as to the purpose. or as ~o th" condition. thereof, .hall be effective unl... an in.trument signed bJ Membert and their mortgagees entitled to cast eigbtJ (80\) percent of the eligibl. vote. baa been recorded agre.ing to .uch dedication, transfer, purpose 01 cond~tion and unless writt.n notice of the action is sent to everJ Member at lea.t ninetJ (90) daJ. in edvance of anr action taken; and (e) Th. right of the Develop.r and of the Association to grant and reserv. easements and right.-of-war, in, through, under, over, upon and across Th. Prop.rti.s, for the install.tion, maint.n.nce and inspection of lines an. .ppurten.nc.. for public or private water, ..wers, dr.in.ge, cabl. television, g.. and oth.r utiliti.., .nd the right of the Develop.r to grant and re.erve ......nt. and right.-of-w.J, in, through, und.r, ov.r, upon an. acro.. The 'ropertie. for the cOlllPletion of the Developer's work undel Section 1 of Article V; and (f) The t.rms of the .r-Law. and anJ rule. and r.gulations promulgated b~ the Bo.rd of Director. reg.rding The 'roperties and Commons Are.s; and (g) The right of the Develop.r to use the COIIIllOn Areas or to permit tho Common Are.. to b. used br Developer's de.ignee or anJ prospective purchAse, of a Lot or anr tenant. of Un.old Lots with an improved Unit thereon, withou' charg., in accordance with and .ubject to this Declaration, the BJ-Laws an. anJ rul.s and regulationa promulgated bJ the Board. In addition, D.velope' shall have the right, at anr ti.. when there shall b. anr Unsold Lots, to us. the Common Ar.as, without charg., for elthibitions or other promotion. function. with re.pect to Dev.loper'. ..le. programs, in accordance with an, subject to this Declaration, the .r-Law. and the rules and regul.tions. Th. proviaiona of Article IV, Section 3, mar not be ....nded without th written conaent of the Developer or it. .ucce..ors and assigns. U'l'ICU V. HVa.o~..., or TO 'rIR caou. IUBDIVISIOII Section 1. Tn tide Group Subdivi.ion. Developer intends to improve up t eight (8) Lots, roadw.rs, and other improvement. to the Common Area. on th p.rcel of land a. de.cribed in Blthibit "A" consisting of a total 0 .pproxiutelr 29 .cr... Section 2. .....-nt. Dev.loper doe. herebJ establish and create for th benefit of the Association and for all 'ropertJ OWners from time to time 0 Lots subject to this Dec1ar.tion and its peraitted occupants of Unit improved on said Lots and their heirs and assigns and does '~ereby give, gran and conveJ to each of the aforementioned, the following e..ement., 1icense5 right. and privilege.: ~. -....~. ,~ c -.. -' (i) Right-of-way for ingress .nd egreaa ~'vehicles or on foot, in, through, over, under, upon and .cross the str..t. and ro.ds in 'l'h. Prop.rti.s (a. shown on th. Pil.d Map(s) .nd any ch.ng.. as th.y may b. built or r.locat.d in th. futur.) for all purpo...; (ii) Rights to conn.ct with, ..int.in and mak. us. of utility lin.s, wires, pip.., conduit., c.ble television lines, .ewer., and drainage lin.. which may from time to time be in or .long th. str..t. and roads or oth.r ar.a. of 'l'he Prop.rU... .. .. Section 3. a...r.ation of s..-..t.. D.veloper r.serve. tbe .a._nts, 1 icen... , rigbt. and privil.ge. of a right-of-way in, through, over, under, upon and .cro.. ''l'h. Prop.rti.., for th. purpose of compl.ting' all construction and work und.r Section 1 .bov. .nd toward. tbi. .nd, r...rve. tbe rigbt to grant and r...rve ...~t. and ri",bt.-of-way in, tbrou",b, und.r, over, upon and acro.s the Properti.s, for tbe in.t.llation, maintenance and inspection of lin.s and .ppurt.nance. for public or private water, .ewer, dr.ina",e, c.bl. televi.ion, gas .nd other utilities and for any other _t.rials or .ervic.. n.c....ry for th. compl.tion of the work. Develop.r also r.s.rves th. right to connect with ..int.in and ..ke u.e of th.utility lin.., wir.., pipes, conduit., cabl. t.l.vision lin.s, sew.rs and dr.inage lines whicb may from time b. in or .long tbe .tr..ts and road. or otber ar..s of 'l'b. Prop.rti.s. In addition, the D.veloper and any Selling Agent retained by Dev.loper re.erve. tbe rigbt to continue to use Tbe Properties and any .al.. office., maintenance building., Un.old Lots witb or without illlProv.d Unit ther.on, signs, and p.rking spac.s located on 'l'he Properties in it. .ffort to market Lot. on 'l'be Properti.. for .0 long a. tber. ar. any Unsold Lot. remaining in the Development. Developer further reserve. tb. rigbt to _int.in upon tb. Prop.rti.s .uch faciliti.s a. may be required, conveni.nt or i_idental for the completion of it. work under S.ction 1 above including, without limit.tion, a bu.in.s. office, storage ar.a, construction trail.rs, construction .quipment .nd supplies, for so long a. ther. .r. an, Un.old Lot. remaining in the D.velopment. Tbi. Paragrapb may not be amended witbout tbe written consent of tbe Developer. Section 4. BDcroacllJilllnt. on Lot. or C- 1lIl Area. In the ev.nt that' any ',portion of any ro.dw.y, w.lkw." p.rking .re., driv.way, patio, d.ck, wat.r line., ..w.r lia.., dr.inag. lin.s, electric .nd g.s meters, utility lines, .prinkler .y.t.., fence., ligbt standards, building or any otb.r .tructur. a. originallr constructed br Dev.lop.r .ncroach.. on any Unit or Lot or the Common Area., it shall b. d.emed tb.t tb. Propertr Owner of such Lot and .ny Unit illlProved upon .ucb Lot or tb. As.oci.tion baa granted . perp.tual ea._nt to tb. Prop.rty OWn.r of tbe .djoining Lot or the Association, a. tbe case may be, for continuing maintenance .nd use of such encroaching roadw.y, w.lkw.y, driveway, patio, deck, parking area, wat.r lin., .ewer line., drainage lines, .lectric and ga. ..t.rs, utility lin.., .prinkl.r syst_, building or structure. 'l'he foregoing sh.ll alao apply to .ny repl.c...nt. of an, .ucb ro.dway, w.lkw.r, driv.w.y, patio, deck, parking ar.a, w.t.r Un., sewer lines, drainage Une., electric and gas meters, utility lin.., .prinkl.r system, building or structure if same are con.tructed in .ub.tantial conformance to tbe original. Tb. encroachment for .ewer lines, water lin.. and utility line. .ball al.o apply to sewer and utiUty line. wbich mar run under any Unit improv.d upon a Lot. The foregoing conditions .ball b. perp.tual in dur.tion .nd .ball not be subj.ct to amendment of th... covenants and r..triction.. . , :,..J:,.' ..:' .- o :> Section 5. .......t for "'rgeDCI Ace.... Develop.r doe. hereby establish an e.sement of ingress and egress over the ro.dways, any p.rking .reas and .11 oth.r Common Ar... in the D.v.lopment for the b.n.fit of .11 emergency vehioles and personnel including but not limited to police, fire and medical pu..-pos.. . Section 6. ..._t for Itepair. 'I'he Bo.rd, M.naging Agent, if any, man.ger or emplol.. of the As.ociation and anI other per.on authoriled by .ny of the foregoing, shall hav., and th. Co.-on Area. sh.ll be subject to, an ...ement in, to and through the Cu.mon Areas or anJ portion thereof in f.vor of the foregoing persons, (a) to op.rat., maintain, r.pair. .It.r, rebuild, r..tore and replace anJ of the Cu.lOn Area., including without lilllitaUon, the maint.nanc. of anI sign ideDtif,ing tb. As.ociation located .t the entr~ce thereto and anJ adverti.ing and/or direotion.l .ign. and (b) to perform .ny of th.ir r.sp.ctiv. duti.. in accordano. with th. .,-Law.. . Section 1. .......t for Cu.pl.tion. .ach Member hereby grant. a right of acce.. to hi. Lot to Developer or it. de.ignee, and any contractor., .uboontr.ctor., agent., and emploJ.e. of the for.going for the purpo.e. of the rep.ir and completion of anI in.t.ll.tion, ..intenance, repair, r..toration, r.pl.c_nt, or ohang. including, without liaitation, the correction of anI con.truction defect. being performed or to be performed by or on behalf of Dev.loper witb r..pect to tb. Cn r va Ar.... 8ection 8. Itigbt of Ace... in Pavor of the As.ociation. Each Property Owner .h.ll .fford to the As.oci.tion, .ny Man.ging Agent .nd/or any other per.on .uthoriled by &DI of the foregoing a right of .cc... to his or her Lot on re..onablenotice.t r.asonabl. hours, on &DY d.y except Sund.ys .nd holidays (.acept th.t in an emerg.ncy situation .uch notice need not be given) for the purposes of: (.) making in.pections of, or removing violations not.d or issued by &DY gov.rlUllent.l .uthority .gain.t .ny other Loti (b) curing def.ults hereunder, or viol.tions of .ny rul.s and regulations promulg.ted by the Bo.rd of Dir.ctor. .nd coaaitted by .uch Property Owner: and (c) correcting anI oonditions originating in or on hi. or her Lot .nd threatening anoth.r Lot or .11 of anI portion of the 'ropertJ. Section 9. a......nt. of a.cord. 'I'he rights of Property OWners in the As.oci.tion .re .ubject to all Decl.r.tion., Coven.nts, re.triction., r...rvations, .xc.ptions, ......nt., and agreement. of r.cord. Section 10. Futur. a..ement.. Developer sh.ll ret.in the right, so long .b there .re anI Unsold Lot. on the Properties, to pl.ce .ny e..ements in, to or und.r the Properti.. which Dev.lop.r shall deem n.cess.r, for the b.n.fit of th. As.oci.tion and it. ".-bar.. AIl'l'ICLB VI. OOVIIIAII'I' ro. MAl.'I'IUWICI U8181l11B11'1'S section 1. Cre.tion of the Li.n .nd p.r.on.l Oblig.tion. 'I'he Developer, for e.ch Unsold Lot then subject to the Declar.tion of Covenants, Restrictions. B..~t., Ch.rg.. and Lien. owned bJ it wi thin the Properties, hereb) coven.nt. and e.ch Propertl Owner of .ny Lot bJ .cceptance of . deea therefor., wh.th.r or not it .hall be .apre..ed in any such deed or other conveJance, sh.ll be deemed to coven.nt .nd .gree, to p.J to the Associ.tion such Co.-on Bap.n... .. .re filed bJ th. Associ.tion's Bo.rd of Dir.ctors .na .s....ed to th. PropertJ OWner. .. h.reinafter provided. AII.ums ...e..ed :,tJ:.'" ....> .' c :) by the As.oci.tion but unp.id, tog.ther with .uch int.r..t th.r.on and the co.t of collection th.reof .. i. ber.in.ft.r provided, .h.ll be . ch.rge on the l.nd and .h.ll be. continuing lien upon the prop.rty own.d by .uch Prop.rty Own.r .g.in.t which ..ch .uch Common Expen.e. i. made. E.ch .uch ......_nt, tog.ther with inter..t th.r.on and co.t of collection thereof, as hereinafter provided .h.ll b. . p.r.on.l oblig.tion of the per.on who wa. the Property OWner of .uch property .t the ti.. when the Common Bxpen.e. fell du.. Section 2. Purpo.. of the As......nt. th. Common Expenae. levied by the As.oci.tion .hall b. us.d .xclusiv.ly for the p",rpo.. of prOlDOting the h..lth, ..fety and ..If.re of the Owner. of the properti.. .. . Dev.lopment .nd io p.rticular for the improvement and ..int.n.nce of prop.rU.., .ervice. and f.cilitie. d.voted to this p",rpo.. and rel.ted to the u.. and enjoyment of the Common Ar... and of the Lot. .itu.ted upon the Prop.rti.., including. without lilliting the for89oing, the p.1IMDt of t.x.. (if .ny) on the Common Ar.., inauranc. thereon, and rep.ir, r.pl.cement .nd .ddition. thereto, .nd the co,at of l.bor, equip.-nt, ..teri.la, ..rvice., ..n.g_nt .nd .up.rvision thereof. Section 3. Commoo Bxpena... ~h. As.oci.tion'. Bo.rd of Director. .h.ll, froe time to ti.., but .t l...t .nnu.lly, fix .nd detenline the budget r.pr...nUng the .ua or .UlU n.c....rJ and .dequat. for the continued oper.tion of the As.oci.tion .nd .h.ll .end . copy of the budget and any .uppl_t to the buclget to ..ch Prop.rtJ Own.r prior to ......ing the Prop.rtl owner'. thereon. The Bo.rd .h.ll d.tel1lline the tot.l _ount r.quir.d, including the op.r.tion.l it.. .uch .. in.ur.nc., repain. re..rve., maintenance and oth.r op.r.ting expen.e., .s well .s ch.rges to cov.r any deficit. from prior y..r. .nd c.pit.l improvements .pproved bl the Bo.rd. ~h. tot.l .nnu.l requirement. .nd .ny supplement.l requir.ments sh.ll b. .lloc.ted betwe.n, .......d to, aDd p.id bl the Propertl Own.r. .a followa: Each Propertl OWner .hall pal. portion of ..id requirementa, the numerator of which .hall be on. (1) .nd the d.nomin.tor of which shall be .qual to the number of Lot. on the Prop.rti.. .ubject to this Decl.ration. The Dev.loper'. oblig.tion for .uch Common Expen.. on Un.old Lot. aubj.ct to this Decl.r.tion will be lillited to the diff.rence between the .ctu.l oper.ting co.t. of the b.oci.tion, incl",diog r...rv.. on the COllIllOn Ar..., .nd on Lota to which title h.. been conveyed and the Common Expen.e levied on Property OWner. who have clo.ed title on th.ir Lot. ba.ed on . full-occupancl budget. In no event, how.v.r, will the Dev.lop.r be requir.d to mak. a d.ficiency contribution in an UIOunt gr..t.r than it would otherwi.. be liable for if it w.r. p.ying full ........nt. on Un.old Lot. for the Un.old Lot. then .ubject to the Decl.r.tion of Covenants and Re.triction.. The aJIlOunt of .nl deficiency .hall not include uncollected Common Illpen.e. from Propertl OWners. ~he.\III due the As.oci.tion fro. e.ch individu.l Property owner sh.ll constitute. Common Bllpen.e of the Board of Director. and unp.id Common Ellpen... .hall constitute lien. on the individual Lot. and the person. 1 oblig.tion of the PropertJ Owner, .ubject to foreclo.ure a. herein.fter provided. ' Section 4. Du. D.te.; Duti.. of the lo.rd of Directon. All Common Ellpenses .h.ll b. p.yabl. monthly in .dv.nc. or .. otherwi.e order.d by the Bo.rd of Dir.ctors. ~h. lo.rd of Dir.ctor. of the A..oci.tion .h.U fix the date of cOlllllenc_nt .nd the _ount of the Common Expen.e. .g.in.t each Lot and ahall . . ,.,,';'" . .. ~ ',' ,-.\ ~ ~ prepare a ro.ter of the Lot. aDd CO"OR Bzpen... applicable ther.to which .hall be kept in the offic. of the ....oci.tion .nd .h.ll b. op.n tc i_pection bJ lUlJ 'ropertJ OWner. Upon the written r.qu..t of a 'rop.rt) OWner or th.ir Mortg.ge., the Bo.rd .hall pro.ptlJ furni.h .uch 'ropert) OWn.r or tb.ir Mortg.g.. witb a writtea .tat...nt of tb. UDp.id cbarg.. due froa .ucb .ropertr OVDer. Section S. Eff.ct of .on-'.,..nt of .........nt, 7he ..r.on.l Oblig.tion of the 'rop.rtJ' OWn.r; ft. Li.n, Remedie. of tb. ....oci.tion. If. Coaaon BXPeDB. i. not paid on tb. date wb.n du., a. fi..d bJ' tbe Board of Dir.ctor.. then .ucb C~n B.pen.e .ball becoae d.linqu.nt lUld .hall, tog.tber. with .uob int.r..t tb.reon aDd co.t of coll.ction tb.r.of .. ber.inaft.r provided. tber.upon become a continuing lien on tb. .rop.rtJ' OWner'. Lot wbicb .h.ll bind .uch propertJ' in tb. band. of tbe 'rop.rtJ' OWn.r. hi. b.ir., d.vi...., p.r.o~al repr..entativ.. lUld a..ign.. Sucb lien .hall be prior to all other lien...xc.pt: (a) ta. or ........nt li._ on the Lot lUld/or Unit improved on the Lot br tbe ta.ing .ubdivi.ion of lUlr governmental autboritr, including but not lillited to stat., COUDtr, Village lUld Scbool District taxing agenciea; lUld (b) all a\lllll UDpaid on lUll' fint mortgage of record enc\lllbering the Lot or lUlrUnit iJlproved On tb. Lot. tbe penonal obligation of the 'rop.rtJ' OWner who .... the OWner of the Lot wb.n tbe COIIIIIon Expense fell due to p.r .uch C~n IxpeDB., bo...v.r, ah.ll r_in hia p.nonal obligation for tbe at.tutorr period lUld ahall not pa.. to bia aucceaaora in title UDlea. expre..lr ..au.ea br tb... In the event lUlr propertr OWner f.il. to ..t. pay..-t of . COIIIIIon Ixpen.e, the Property OWn.r ..ho owna aucb Lot .h.ll be oblig.t.d to p.y (.) . "late charge" of $.04 for eacb $1.00 of auch UIOUDta ..hich remain UDpaid for more thlUl tea (10) da,. frOll tbeir due date (altbougb nothing herein ahall be de._d to e.tend the period ..ithin wbicb aucb UIOUDta .re to be paid) lUld (b) int.r.at at the rat. of 2\ p.r month (but in no ev.nt in exc..a of the ..xi_ rate penlitted by l.w) on auch UDpaid UIOUDt. (leaa lUly "late cbargea" ther.tofor. coll.cted on auch aIlOUDta) computed frOll tb. du.. date thereof, lUld (c) aU expenae., including, ..itbout lillitatioD, attorneya' fe.. .. paid or incurred br the Board or by lUll MlUlagin9 Ag.nt in lUly proc.eding brougbt to collect .ucb UDpaid C~OD Bxp...e or in lUl action to forecloae th. lien on .ucb 'ropertr OWn.r'a Lot ari.ing frOll aaid UDpaid C~n BKp.nse in tbe __.r permitted by .pplic.ble l.w. All auch "late chargea", intere.t lUld .xpen..a ahall b. add.d to lUld ahall constitute Common BKpensea p.y.ble by .uch prop.rty OWner. 7he Bo.rd (on beh.lf of the OWner.) ahall have the right to bring lUl action to forecloae a lien on a 'roperty OWner'a Lot or Unit improved tber.on in tbe .vent that aucb OWn.r ia in def.ult in the pa:rment of C'eR OR EQeDB". A .uit to recover a IIOn.y judgment for UDpaid Common BKpensea hall be ..intain.bl., .t the option of the Bo.rd' without forecloaing or ..aivin9 tbe lien .ecurin9 .ucb charg... In tbe event of . forecloaure aal. of . Lot of Unit improved tber.on by a Mortgagee or by the Board of ita lien on lUll Lot or Unit improved tb.reon, for UDpaid Common Expensea, if tbe net proceeda of tbe forecloaure a.le (after deduction of all leg.l f.ea, adverti.ing coata, brokerage c~aaion. and other coata lUld expenaea incurred tberewitb) ab.ll be insufficient for the p.yment of aucb UDp.id chargea, or if a Lot or Unit improved thereon ia acquired by a mortg.gee or purcbaaer in forecloaure, the owner of .uch Lot or improved Unit tbereon prior to for.cloaure .ale ah.ll remain li.ble for the p.yment of .11 unpaid C~~ BKpensea ..bich .ccrued prior to auch a.le. ":.i... .. .' c ~ U'f1CLI: VI I. COII8'1'aUCt'10II ItSQUla--'I'8 ~ UII'1'8 011 LO'I'8 Seation 1. Approval of Conatruotion 'lau. All piau for the coutruation of aDr building aDd/or atructure aDd the aiUng aDd facing upon the plot aut be preaeoted to aDd approved in writing br the Developer, ita aucceaaora or assigns, prior to the start of aDr cODatructiOD as long as the Developer OVllS aDr Uuold lots. 'l'herufter, all piau for coutrucUon of any building and/or structur. and the siting and faeing upon th. plot .ust b. pr.sented to aDd approved in writing br the Board of Dir.ctora of th. Asaociation or any Architectural Co.adtt.e appoint.d br' the Board, of Dir.ctora of the baooiaUOD. suoh approval, whioh shall not be unr.aaonabl, withheld, ahall be based on the judgment of the Developer, the Board of Direatou or Archit.ctural CoIaitt.. _ th. case -r be, _ to wheth.r the proposed structure will beconsiatent with, and will not detraat from the aesthetic character of the '1'ide Oroup aubdiviaion. All .aterior oon.truction, painting and grading .hall be c~l.t.d within on. (1) rear after commencement of coutruClUon. Section 2. ',lu11ding lIodificatioDa. All p.1'IIitted accessorr buildings and additiou or other modifications thereto, andanr ~ification of the initial building, including anr bre...war or oth.r structur. Clollllecting an addition to the ..in building, ahall conform in archit.Cltur., material and color to such dw.1Ung. ADr attached addition to the initial building ahall not project more than five (5) fe.t berond the front wall of the structur. as originallr approved. ARTICLI VI I I. DIITIIWICI 'l'he IasociatiOD will be responsibl. for th. ..intenance, r.pair and replacement of all portiou of th. c~ Atu. Bach oVll.r "ill ba aol.lr responsibl. for the _intenance, repair and r.plac...ot of all portiou of the OWner's Lot and Unit improved thereon. AR'1'ICLI IX. llSUItAllCI '(a) 'l'h. Board sball be requir.d to obtain and _intain, to the eatent obtainable and to the eatent dete1'llined br the Board to be appropriat., the foll oving insurance: (i) worker' s a~elUlation and lIev York state di.abiUtr ben.Uts in.urancefor an, -.pl01_s: (it) fid.Utr in.urance covering all officers, Board.--~rs, dir.ctors, emplorees of the As.ociation and of the managing agent or agent. who handle funda of the Association; (iii) directors' aDd offic.ra' .1'1'01'. and ~saions iDaurance: and (iv) such other iuuraDc. aa the Board -1 d.t.1'IIin.. 'l'b. premia.. for all insurance referred to above and for the liabilit, iDauranc. r.ferred to below shall be a CClallOn SQau. and ahall be bom. equallr br th. Prop.rtr OWn.rs. (b) 'l'he loard .hall al.o be r.quir.d to obtain and ..intain, to the e.tent obtainabl., cQIlprebeDaiv. ven.ral UabUitr in.uranCl. agaiut clai... for per.onal injurr, death or prop.rtr d....g. occurring upon, in or about the Co.aon Ar.as and in auch 11111 ts as th. 80ard -r froa ti_ to time determine, covering (i) the loard, anr managing agent appointed br the Board, each Board member and .ach baociation 1IleIIIber and any 1....., or occupant. 'l'h. Board shall alao be required to obtain and _intain, on behalf, of the Board, fid.lit, iuuraDc. covering the Board, the lIanagin9 Ag.nt, if an1, each Board member and .acb officer of the Asaociation and each empl01.e of the baociation emplored a. auch. ..~--O - ---0. (c) K.-ber. .hall not be prohibited fro. carrring oth.r in.ur&oc. for th.ir 0.... haD.fit. at thair, 0.... ."p...... aDd tb. _rd .hall not b. prohibited frOlD carrring additional iDauranc.. provided that anr .uch polici.. .hall contain waiver. of .ubrogaUon. &Del further provided that the UabiUt,. cf the card.r. 1..Ying iDallrance obtained br the loard .hall nct be affected cr d.unl.bed br r...on cf anr .uch aclcliUonal iDallr&Oc. carded br anr N.-ber. (d) In the .vant that the C R Ar.a or anr part ther.cf 1. d_ged or d..trored br fir. or cth.r caeualtr the loard "ill arrang. for the prcgpt r.pair and r..tor.tion th.r.Of aDd the loard. or the In.llranc. Yrll&t... .. the cae. -r be. .hell eli.bur.. the proceecla of .11 iDallranc. poUci.. tc the ccntr.ctor. .ng.ged in .lIch r.p.ir aDd r..tor.tion in appropriate progr... p.yment.. If the iDallranc. proceecla er. I... than .ufficient tc cov.r. or .ac.ed. the co.t of r.p.ir. aDd r..tor.tion. the d.ficit cr .urplll&. .. the c... _, be. "ill be bome squall, b, .11 'ropert, ClIm.u .. . C_n .ap.Da. or .hared ./luall, b, .11 'ropert, ClIm.r.. ."c.pt ~hat the UlOunt cf &0' .urpl... p.,abl. to an, II.-ber PUUU&Dt to this _Un (d) .hall be I....ned b, the UlOunt of Ul, unp.id c-n Ar.. c_ ........ .gaiDat .uch 'ropertJ own.C'. ' AftlCL& I. UR or .IOPUft Yh. 11&. of . Lot and Ul, Unit i&IProved th.r.on b, . 1I....r of other cccup.nt .h.ll he .ubj.ct to the rul... regul.Uona aDd provi.icDa cf thl. Decler.Un. the 1,-10... aDd an, rul.. aDd regul.Ucn. of the Aa.oci.tion .s th.J _, he .clcl.d to cr pr....lg.ted b, the loard cf Dir.ctor. aDd the fcllowing cOVaDUlt. aDd r..trictional (.) the Lot. Ul, Unit i&IProv.d ther.n. Uld an, ar.. r..tdcted to the K.mb.r'. 11&. .hall b. _int.in.d in good r.p.ir and ov.r.11 .pp..ranc.. (b) AD, 'ropart, ClImer "ho -.crtg.g.. Or, ..11. hi. Lot Or Unit illProv.d th.r.cn .hall i...di.t.l, notif, the Ic.rd of Dir.ctor. providing the n... aDd aclclr... of hi. -.crtg.g.. or nM 'ropart, Olmar. (c) Yh. Ic.rd of Dir.ctors .h.ll. .t the r./lII..t cf the aortg.g.. cf th., Lct . or &0' Unit i&IProved ther.n. repcrt anr d.Un/luent ....._ta due fro. the ClImer of .uch Lot or Unit i&IProved tber_. (d) .c nul.anc.. .hall be .llowed upon the 'roperU.. nor .hall anJ 11&. or practice be allowed wbioh i. . .ouree of aDDo:rUlce to r..ident. or which int.rf.r.. .ith the p..c.ful pc....aion &Del prop.r 11&. of the propertr bJ ita r..iclent.. (.) .c i&IProper. off.Daiv. or unl..ful 11&. .hall be _d. of the PrcperU.. nor an, part th.reof. .nd .11 vaUd I.... "coing ordin&oce., the regulaticn. of .11 gov.~t.1 bodi.. having juri.diction th.r.of. .h.ll be cb..rv.d. (f) aegul.Uona pr_lg.tacl b, the loerd of Dir.ctou ccnc.rning the 11&. of the 'rop.rti.. .hall be oba.rv.d b, tb. ~r., (g) tbe C '1' ........ ahall be paid _hen due. U .(h) No property owner ahall--move-;-reniov.~.dd or otherwise change the I.ndsc.ping on the co...on Ar.a or Buff.~ Areas witho~t the eon.ant of the Board of Directors or any Arch1tectural Co~ttee. Th. Buff.r Ar..s sh.11 b. us.d for veg.tation onl,. and will not be considered for any part of . aite plan, for storage or for any oth.r purpos.. the landscaping shown on the landseap. plan or final subdivision map approved b,. the Southold Town,planning Board shall not b. mov.d. remov.d or oth.rwis. chang.d Wlth~ut approval from the Southold Town pI.nning Bo.rd. Th. landscap,ng sh.ll b~ maintain.d bJ the Prop.rty Own.rs Associ.tion wh.r.bJ .ac lot/owner sh.ll b. responsibl. for that prorata er.da of Buffe~ :r;; as shown on the subdivision map and in front Jar ar.as. 0 will b. responsible for the maintain.nc. of the d.signated landscaping plan. Lot Ii will b. r.spon.ibl. for th~ maiqtenanc. of the landscaping .t .ntranc.. , ";j,.. , .' 1"'. V .:) U'flCU YU. COIII'fltUC'fIOll ItSQUIIt--'f1 roll Oll'fl 011 LO'1'8 Section 1. Approval of Con.truotion .1.... All plan. for the con.truction of an:r building and/or .tructure and the .iting and facing upon the plot muat be pre.ented to and approved in writing b:r the Developer, it. aucce.aor. or assigns, prior to the start of an:r oonatruotion a. long a. the Developer owns an:r un.old Iota. 'fher.aft.r, all pi... for con.truction of any building and/or .tructur. and the dting and faoing upon th. plot muat be pre.ented to and approved in writing br the Board of Dir.ctor. of the ".ociation or any Architectural Coaaitt.e appointed br. the Board, of Directon of the "soriation. 8uoh approval, which .hall not be unrea.onablr withheld, ahall be bued on the judgment of the Developer, the Board of Directon or Archit.ctural C~ttee u the ca.e -r be, u to whether the proposed structure will beoonsiatent with, and will not detract from the aesthetic oharacter of the 'fide Group .ubdivi.ion. All ..t.rior con.truction, painting and grading .hall b. c~l.t.d within on. (1) r.ar after commencement ot con.truction. I Section 2. ',luUding lIodifications. All peraitted acce..orr buildings and addition. or other modifications thereto, andanr ~ification of the initial building, including anr br....war or otb.r .tructur. connecting an addition to tbe ..in building, .hall conform in archit.cture, material and color to .uch dw.1Ung. ADr attach.d addition to tb. initial building .hall not project more than five (5) feet beyond the front wall of the atructur. as originallr approved. UTICLI VU I. 1lAII'flllUCK 'fbe Asaociation will be reaponaible for the _intenance, repair and r.placement of all portion. of the C~n Area. Bach owner will be .olel:r re.pon.ible for the _intenance, repair and replac..-nt of all portion. of the OWner'. Lot and Unit i.,roved thereon. AIl'fICLI IX. llSUIWICI (a) 'fhe Board .hall be required to obtain and _intain, to the e.tent obtainable and to the e.tent determined b:r the Board to be appropriate, tho following in.urance: (1) worker'. co.,enaation and lie" York State diaAbil it:r beIlefi ta in.uraneefor an:r .-plo:r_.: (ii) fideU tr inaurance covering all officer., Board..-ber., directora, amplorees of the As.ociation and of the managing agent or ag.nt. who handle fund. of the Asaociation: (iii) director.' and officer.' error. and o.i.aion. inaurance: and (iv) such other in.uranc. a. th. Board -r deteraine. 'fb. premiu.. for all inaurance reterred to above and for the liabilit:r in.urance referred to below .hall be a C......... lap.... and .hall be born. equaUr br the Propertr OWn.n. (b) 'fbe loard .hall al.o be r.quired to obtain and _intain, to the e.tent obtainabl., cOllPr.benaiv. gen.ral UabiUt, in.uranc. agdn.t old.. for peraonal injur:r, death or propertr damage occurring upon, in or about the Coaaon Ar.a. and in .uoh Ullita a. the Board -r froa ti_ to time determine, covering (i) the Board, anr managing agent appointed br the Board, each Board member and each ".ooiation member and anr 1....., or occupant. tbe Board shall abo be r.CJuired to obtain and _intain, on behalf, of tb. Board, fidelitr in.urano. cov.ring tb. Board, the lIanaging Ag.nt, if any, each Board ll1eIlIber and each officer of the Asaociation and each employee of the ".ociation emplor.d a. auch. - . ':.1. .. - .- r I"'" '-' - '-' (1) 110 pel:'.OIl .ball be pel:'lDitteel to use the C~1l Al:'ea ellcept ill accol:'4aDce witb tbe nl.. aD4 I:'eplatiou e.tabUabeel bJ tbe b.ociaUOIl'. Boal:'4 of Dil:'ectol:'.. (j) orbe COIIIlOIl Al'ea aball Ilot be obetncteel, Uttel:'eci, 4eface4 01:' ai.use4 ill oJ MAIleI:'. (k) hel:'Y Membel:' .ball be liable fol:' aDJ an4 all elamage. to the CoaDOn Al:'ea 04 tbe propertJ of tbe Aaaociation, whicb .ball be caused bJ .aiel Membel:', it. pel:'lDitteel occupot. of Unit. on tbe Lot., tbe~1:' re.pective gue.t. and otbel:' .ucb peraOll for wbo.. coneluct tbe M.-ber i. legally I:'e.ponaible. (1) Motbillg .ball be dOlle 01:' kept 011 tbe &aaociation pl:'opel:'ty wbich will incl:'.... tb. r.te of inaul:'oce of tbe COlIIIIIOn Al:'eaa 01:' cOlltellta thel:'eof witbout tbe pdol:' wdtten con.ent of tbe BO&I:'4. 110 _mbel' ahall penoit oything to be done or kept on tbe propel:'Ue. wbicb will I:'eaul t ill tbe caDcell.tiOll of inaul:'oce on tbe COIIIlOn Al:'ea. 01:' wbicb would be in violation of 0' l.w. (Ill). 110 lot aball be divieleel aD4 conve,eel .. two (2) 01:' llIOl:'e .epu.h p.rc.la. (11) 110 oi..l., live.tock 01:' poultl:'J of OJ kin4 aball be I:'aiaed, bl:'ed 01 kept on 0' Lot, except tbat of clog., c.ta or otber bouaeholel pet. -y b. kept provided tbat. tbey .re not kept, breel or ..intailleel for cOllll8rc1&l purpo.e. (0) 110 tr.iler, tent, aback or otber .ucb atructul:'e .ball be located erected or uaed OIl 0' Lot peraanent 1 J . (p) 110 noxious or offenaive activities aball be carrieel on or upon aDY Lot nor .bell o,tbing be done tbereon whicb "J be or ..y becOlDll aD .nnoy.nc, or nui.oce to tbe CI ....it,. (~) Garbage or rubbiab aball not be 4umpe4 or alloweel to I:'emaill on any Lot All g.l:'b.ge to be collected.uat be contained in. clo.eel recept.cle, place inconapicuoualJ out.iele tbe building for collection. (r) Fencea, vbether fabricated or 9rowin9 .ball not exceed 80utbolcl '10.. Code lillit.tiou. (a) Mo boat or boat trailera .ball be placed 011 aDY Lot unle.. ill a 9ara~ or .utborisecl .cce.aor, buildin9. (t) 110 fire. or fire pit. .ball be pel:'lDitted in tbe Common. Areaa unlet .pproved bJ tbe Bo.rel of Directora. (u) orbe use of tbe roael. .hall be aubject to reaaollable I:'egulationa frl ~i.. to ti.. pr~lgateel br tbe Boarcl of Director.. (v) Developer aball bave tbe rigbt to diaplay signs fol:' promotional, sale, ellbibit anel admini.trative purpo.e. upon anJ portion of the COllImOn Al:'eaa ' upon aDJ Un.old Lot until tbe l.at Unaolel Lot within the Propertiea ia .0 oel conveyeel. DevelopeI:' .ball bave tbe dgbt, tbe foregoing notwitbatoelin to place pel'lll&nent .igna on Lota of ita cboice, at aite. Qboaen by Develope Developer .ball alao bave tbe riVbt to in.tall fencinv aD4' walla on tbe Lot at ~t.1" .it.. obN_ b7 Developer. 0 .C'opertr OwDer (other thaD. Dev.l.......) o&" t_t o&" otbo&" ,.&".oa oa t &".-i... .boll &"_n. .It.&". chang., iot.d.&". witll o&" t_&" witll, io aD, w.,. .aid .ig.... w.ll. o&" fODC.., wllicla aboll bo _i..t.i..ed i.. lood cODdi tioo 11, tll. Auoci.Uoa ODd it. Boa&"d of Dhocto&".. Ybo coat of .ucll _i..t_c. .ball bo t&"..tad .. . c- -WI I....... UYICLI XI. ICCU. YO ...1ILft' .) Ybo acc... fo&" all lot. locat.. at tbo ODd of a cul-d.-e.c (Lot. S. 4. 7 aDd . oa tll. _, doted ~...uu, 10, 1"2).boll bo cI.ei9Jlad .t .ucll U_ tbat tll. iDeliviclual .ito i. clovolopod. ia .ucb a -.aDO&" .. to ,&"oviclo addiiioaal tllBiDtil a&"oa to&" t~acto&" t&"ulo&" tnclla. 11) 'ukiag'i. to 110 ,&"obibited ia aU oul-cIo-..... ~ c) _0.. io 011 lot. aboU bo via ibo '&"0_" &"oada. .. lot .boll bav. di&".ct..cc... oato 'Depot ~ o&" COUDt, aoad 4.. 01)'- I-;'tun.l'" ,uking d..igll may b. &".qUi&"ed by the southold Town '" Planning Bo.&"d .i tho ti.. i..dividu.l .it. ,Ian. .&"~ eought. ' .) Th. d~cl.r.nt gr.nt. ih. continuing &"ight in p.rp.tuity to the Town of Southold o&" .ny of it. dooignat.d r.pr....ntativ.. to in.p.ct any ar... d..ign.ied ooopon .p.c., cemmon .re.. or .ny .imil.r nomencl.tu&". .0 .. to in.ur. continu.d compli.nc. with the cov.n.nt., t.rma .DeI ,&"ovi.icne d..ign.tad h.r.in in ~.g.rd to e.me and io in.ure ,th.t .uoh cov.nant., t.rmo .nd provielon. have not hoOD viol.t.d. ' f) D.cl uani granto iho continuing right in porp.tui ty to tho 'I'own of southold o&" any of it. doaignated ropr.eontiv.. ,or, any of ,rop.rty d..crib.d in Bxhibit II to onforc. tho condlhon. .nd &"oet&"iction. of tho COvODant. a. th.y &"olat. to the ,op.n .p.c., common a&"oa o&" nomenclatu&"o, and to take any l.g.l actlon it d.eme n.c....&"y to .nforo. the condition. and r..triction. of the cov.n.ot.. Th... right. of in.p,ction .nd .nforc.m.nt eh.ll b. binding upon d.clarant, thoir h.ir.. .x.cutor., l.g.1 r.pr...nt_~tiv.!, ..~1.t.~_ib~t..., .ucc~...or. ,_~..i9n. and transfer... ~ ',Thia ..cUoo .11.11 Dot be terUo.ted. &".vokad o&" -u.d without a _iority c......t of tbo,loutbolcl YOWIl ,luaiDg Boud. AU1CU 111. D&V&LO'U'I alClll'1' YO .....IIft. 11ft 'LU Section 1. aight to chang. .it. plan. Dovolo,.&" &"...rv.. the &"ight to ..t. lIi..o&" r.viaioa. of beUDd.&", li.... .001 &"0.01 li.... fr_ tho.. ehown on th. ait. plaD i.. ord.r to ,&".e.rv. the o.tu&".l to,egr.,h, of .11 or aDY portioo of Th. prop.rU.. aDd to .djuot tho .h. of the Lot. to .ccoomod.t. the improve_nie on .11 or aD, po&"tioo of Th. P&"op.rti.. DON or h.r..ft.r cooet&"ucted, eubj.ct to aD, r.qui&"ed .pproval. 11, tho Towo of louthold or aD, oth.r public ag.oc,. Th. rilht. &"oooned to Dov.lo,o&" ho&".uDcI.r .hall ioclud.. but Dot bo liadt.d to. the rilhi (i) of . &".v.&".ioo of title to io._t.nti.l portiooe of th. e_ Ar... to be co..v.,ad to th. beociaUon fo&" the purpoe. of .ddiog euch porU... to _. or _r. of th. Lote; (ii) to chang. in aD ineubetanU.I -.an.r, tb8 locatiOD of Lot. Dot yet cODvered br Declarant aDd tbe CO.-oD u..e ODd th. 10c.Uon of th. ilOProv_t. tller.oa; and (1ii) to chang. io an ioe_taDU.l .......&", tbo l_aUoa of a &"oad o&" &"oada. Sea~ion 2. .~ocedu~. to CbaD9. .it. plan. 7h. ".oci.tio~'h.r.b~ con..nt. (and tbo d..do convo,iog tho C-O Ar... to tb. b.oci.Uon .h.ll .ioailarl, proviclo) tbot tbo aito 'laD _, be -U.. to .U.ctuate an, of the provi.ione coot.i...d io Boctioo 1 alaov., without ao, furth.r covon.ot. .nd tbat tbo Aa.oci.Uoo will. it &"oqu..~ed. ...cut., .ckoowledg. and d.liver, without cha&"g.. a 01..01 or d..... &"ocoov.,inl to Dev.lop.r or to an OWo.r .n, 1 and th.ntofon coov.,ed to tho b.oci.Uoo .0 th.t . &".vieion or corr.ction d.ed o&" d.ada cooforUnl to aD _oded .ite plao _, ho d.liver.d. Th. d.ecIa cooveJill1l \bo Loh to P&"oputJ OWIln. -J abo ,&"ovid. that tho .it. plao .., be ...od.cI accordinglJ fo&" tho .bov. ,u&"po.o. witbout ao, co....nt on th.ir part beinl &"equi&"ocI, ud that the acoo,tanoo of a doad .hall 110 d..-d a con.eat to .uch futu&"o ...na.ont o&" ,,,p~nt. of tb. .it. plan, aod that .uch Pro,.rt, OWe.r. cov...aoi thai th., will, Il.v.&"tll.l.... if &"aqu..tad. n.cut., .cuowledg. aod d.U.,o&" witbout cha&"I., a d.ad or d.ecIa r.conv.,ing to Do".loper o&" tho Aa.oci.Uoa an, laDd tbor.tofo&". coov.,ed to tbo '&"op.rtJ OWen .0 tbat . &".vi.ion or cou.ction d.ed or d.... conforUng tc an _ndad .it. plan _, be d.Uvu". aogardl... of tbo forogoing, tb. r.corcliog by or ..r;;.. o C on behalf of Developer of an _nded .ite plan to d.lineat. any or all of the change. provided for in this Articl. XII .hall be d....d a modification of any prior in.trument. wh.r.br D.v.lop.r conv.red title to anr or all of the Common Ar... to the Aa.oci.tion. 'l'he provi.iona ofthi. Articl. XU. Sectiona 1 .nd 2 _y not b. amended without the writtan con.ent of the Dev.lop.r. it. .ucc...ora or a..ign.. ARTICLE XIII. GIMIRAL PROVI8IOl8 Section 1. Ben.ficiarie. of h.....nh. Rigbh and Privilege.. 'l'he ea._nta. liceu... right. or privilege. e.tabli.hed. created and granted br this Declaration .hall be for the benefit of and re.tricted .olelr to. the Developer. the Aa.ociation and the OWn.r. of the Lot. and anr improved Unit. ther.on and Un.old Lob on th. Prop.rti... .ubject in c... of the Coa.on Areaa to be rule. and regul.tiona of the 80ard of Directora. but the aame i. not int.nded nor .hall it be conatrued .. cr..ting anr right. in or for the benefi t of the gen.ral public. Section 2. Dur.tion and __nclllent. 'l'be covenant. and reatrictiona of this Decl.ration .hall run witb, and bind the land. and ahall inure to the benefit of. and be enforo.abl. br the Aa.ociation, anr lIember. or the OWner of any land .ubject to thia Decl.r.tion, their reapective legal repreaentative.. heir., .uoc...or., and a..igna, until Dec..oer 31. 2060. unle.. otherwi.e eapreaalr li.tted herein, .fter which ti... .aid covenant a and reatriction. .bell be .ut~tic.llr eatended for .ucc...iy. period. of ten (10) yeara. unle.. an inatrUlllent .igned br .bty .b and two third. (66-2/3) of the lIellber., then .ubj.ot to the Declaration. h.. been recorded. .greeing to chenge .aid oovenanta and re.triotiou in whole or in part. Motwith.tanding the foregoing, the ......at.. lio.n.... right. andprivil.ge. eatabli.hed and oreated with re.pect to the Propertiea br Seotion 2 of Articl. V ahall be p.rpetual. run with the land. and .b.ll .urviv. any d..truction. recon.truction .nd reloc.tion of the phr.ical .tructur.. unl... aaid provi.ion i. abrogated br the unanimous written con.ent of all the lIember.. Unle.. apeoificalll prohibited or different re~uirement. ar.provided herein. this D.claration"r be _nd.d.by an iutrument eign.d by lIemb.r. holding . not lea. than aiatr .i. and two-thirda (66 2/3) of then eaiating --.berahip. 'Any ..-nclllent .uat be prop.rlr r.oord.d to be .ffeotiy.. 1I0twithatUlding any provi.iOB contained hereiD to tbe oontrary. DO U1endment. modific.tioD, addition or d.l.tion of. to or froa this Deolaration, the By- Law. or any rule. and r.gulatiou .hall be .ffeotive in any way again.t Dev.loper or it. d..ign.. or anr Un.old Lot. a. 10Dg a. the Dev.lop.r own. an Unsold Lot on tbe Propertie., unle.. Developer be. given it. prior written Couent ther.to. Dev.lop.r b.reby r...rv.. the right to _nd, modify, add to or delete from thb Declaration at anr ti.. without the requ1r_nt of obtaining the approval. conaent or .ignatur. of the Board or anr lIember. for the purpo.e of making any t.chnioal corr.ction. or additiou or any other change. that do not materially and adv.r..ly affect the Property OWner.. Such -.enclllent. modifioation, addition. or d.l.tion of. to or froa this D.olaration. duly e.eouted, in for. for reoording. .ball be reoorded br Deolarant agaiut the 'roperty and .ther.tofor. .ubj.ot to this Declaration. itI, '0:.0 ,J . . "".' ~ ;, .,. I"'" '- o section 3. Di.po.ition of As..t. Upon Di..olution of Asaociation. Upon diaaolution of the Asaociation, it. real and peraonal aa.et., including the CQaDOn Ar.a., .ball be dedicat.d to an appropriate public ag.ncr or utilitr to be d.voted to purpo.ea aa nearlr a. practicable the .ame aa thoae to which ther .ere required to be d.vot.d br th. As.ociation. In th. .vent auch dedications refused .cc.ptance, auch ....t. .hall be granted, convered and a..ign.d to anr non-profit corporation, a..oci.tion, trust or otber organil.tion to be devoted to purpO.e. a. nearlr aa pr.ctic.ble tbe aame .a tbo.. to wbicb they w.r. r.quir.d to be d.voted br tbe As.ociation. Ito aucb di.po.ition of tbe As.ociation properties .b.ll be effective to diveat or dimini.h anr right or title to anr M..o.rv..ted in him und.r tb. licen.ea, covenant. .nd e.a_nta of thi. D.cl.r.tion, or under anr .ubaequentlr recorded covenant., deeds or oth.r docUDeDt. .pplic.bl. to the Propertiea, except .. -r be otherwi.e provided in tbia Decl.ration or a.id covenanta, d.eda or other docUlMDt., a. the G." -r be, nor .ball anr other partr under anr aucb d.ed., cov.nant. or otber doc_t. be d.prived or anr righta tb.r.und.r on aCGount of .UGh di.po.ition. Section 4. lotic... Anr notic. required to b. ..nt to anr Member of 'ropertr OWn.r und.r tb. provi.ions of this Declaration .h.ll b. deemed to bav. been prop.dr .ent when _:1.1 ed, br c.rtified _il return r.ceipt requ..t.d, po.tpaid, to th. l..t known addr.sa of th. per.on who .ppear. a. Member or Propertr Own.r on tb. recoTda of the Association at the ti.. of such _iling. Section 5. Adadni.tration. Yh. adadni.tration of th. Association shall be in accord.nc. with th. provi.ion. of the As.ociation Ir-L...s which .1'. ..d. a part of tbia Declaration and attached hereto a. Ixhibit "a" to the Declaration. S.ction 6. Sev.rabilitr. Invalidation of anr of the cov.n.nt., limitations or provi.ions of this Declaration br judg.-nt or court order ahall in no w.r aff.ct anr of th. r_inin9 provision. h.r.of and th. .... .hall continu. in full forc. and .ff.ct. Section 7. specisl Rights to Declar.nt. Ilotwithstanding .nrthing to the --contrarr contained h.rein so -long .s there ar. .nr Unsold Lots, Developer .nd anr d..igne. of Dev.lop.r .ull hav. th. right., without r.quiring the conaent of either the Asaoci.tion or anr other Member(s), and without charge or limit.tion, to: (a) hav. its amplor..s, contractors, subcontr.ctors, .nd sales .gents pre.ent on the Properti.. .nd on the Unsold Lota; (b) erect and maintain .igns and oth.r pro.otion.l mat.rials (including, without liJDit.tion, "for aale", and "for rent" .igna), in connection with the promotion, .al., l.a.ing, _nag_nt, or op.ration of the Unsold Lot.; (c) us. anr one or ~r. Unsold Lots for; (i) aad.l units, (ii) office. for the promotion, sal., rental, manag...nt and/or op.r.tion of th. Unsold Lots, (Hi) offic.s in connection with .nr install.tion, construction, -.odific.tion, al t.ratiOD, r.nov.tion, _int.nanc., r.p.ir, r..toration, r.placement, or change being perfor..d or to be perfor.-d, br, or on beh.lf of, Dev.loper with r..pect to the Co.lOn Ar... andlor th. Unsold Lots; .nd/or (iv) for anr oth.r purpos.: and (d) do .nd c.us. to b. don. .11 of the things that are n.c....rr, duirabl. and .ppropri.t. (including, without limitation, the use of th. C~n ar..s and the Unsold Lots) for the purpoae of: (i) the promotion, ..le, rent.l, ..nag_nt and/or op.r.tion of the Un.old Lot.; (ii) J ... ';. ."". . :0. I"""- '-' """" "" the perfor.anc. aDd compl.tion of in.tallation. construction. modificatioD. alteration. renovation. ..intenaDce. repair. re.toration. r.placement. or chaDg. b.ing p.rformed or to be perfo~, b~. or OD b.half of. D.v.lop.r vith r..peot to tbe Co.DOn area. aDd/or (iii) tbe e.eroi.e perfo~Dce aDd eli.charg. of Developer'. other right. aDel obligation. uneler this Declaration, the .~-Law. or the rllle. aDd regulations. In DO event. however. .hall Dev.loper or .1Icb de.ipee be entitled to 118. aD~ portion of the C~n Ar.as in .uob a -.nner a. viii unrea.onabl, interfere with the lIse of the .... or of anJ Lot for it. p.~tted pllrpo.... ~h. provi.ioDa of this Articl. XIII S.etion 7 liar not be amended witbollt tbe written eons-..nt of the Dev.lop.r. or it. .1Ieee..or. or a..igDa. - . '1'81 ~IDI GROUP B~: -"'-'---"'-'-~-"---'--"'~ -----..--.-- ,-- ",.... SERVI"TIII'f@ . Su~0. flJ5 HENRY E. RAYNOR PO BOX 1459 320 LOVE LANE MA TTITUCK, N.Y. 11952 516-298-8420 516-298 2127 <FAJO OCT. 31, 1995 TO: SOUTHOLD TOWN PLANNING BOARD RE: TIDE GROUP ATTN: MELISSA SPIRO ENCLOSED HEREWITH ARE COPIES OF THE ABOVED NAMED SUBDIVISON WITH LANDSCAPING SHOWING AT THE SOUTH WEST CORNER OF THE PROPERTY, AND THE ENTRANCE. I HOPE THIS WILL BE ENOUGH TO HAVE THE ENGINEER FINSIH THE BOND ESTIMATE, SO WE CAN PROCEED TO THE PUBLIC HEARING. SHOULD YOU HAVE NAY QUESTIONS, PLEASE CALL. :!'::;~A~~ AGENT FOR TIDE GROUP 00 ~@~OW~ rn OCT 3 , 1!196 SOUTHOLD TOWN PLANNING BOARD o o sL<kF '1' Submission Withol'" a Cover Letter Sender: He,()~ RaYMI Subject: Tide- GrOlAf I'ate: loI2S-lq~ SC'l'M#: 1000- oru - I - I Comments: .3 /T\~ /())'.S - &, pnYlt5 foL f,'n~ t()ith H i) e<ffrovcJ} fD)&&rnUW~m UlJ OCT 2 5 1995 ' Stl,iTi r~'(J:",:I--':,7~,;\;j~"- '., , PLl\NNif'~C GOp.!~D ; -.._-~~..",~, -. (:) ~ I" L> fif-S '" RAYMOND L. JACOBS SUPERINTENDE~T. SOUTHOLD TOWN HIGHWAY DEPARTMENT JAMES A. RICHTER, R.A. ENGINEERING INSPECTOR Fax (516)-765-1750 1516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SEPTEMBER 5, 1995 Richard G. Chairman - Town Hall, Southold, Ward Planning Board 53095 Main Road New York 11971 Re: THE TIDE GROUP - CORBY PARK SCTM # 1000-96-01-01 Dear Mr. Ward: As per your request, I have reviewed the bond estimate for the above referenced project. The original estimate that was submitted did not cove r a 11 of the requ ired items t hat are necessary for construction. I have made several changes and additions to this estimate and have enclosed a copy for your use. Please note, Item # 23 (Screen Planting) has not been given a dollar amount. When the final plans are submitted showing all of the screen planting that is required, a cost estimate for that item should be added. In addition, the sub-total and administration fee should be adjusted accordingly. If you have any questions concerning this matter, please contact my office. cc: Raymond L. Jacobs (Superintendent of Highways) _r....~..~. ~;'~ r~ (~J ~ 'I 1"1 I"" I D IJ., lc) \':1 '-, ~ "J I. 'r'---'-~'---'"' IU~1 SEP 5 'lor I I ~ -I I . __w' _~,. ' ~~, J", J' ,j ~ Y'/N. . t. "ili&E.9.::f2_J 1"" "-' RAYMOND L. 3ACOBS JAMES A. RICHTER, R.A. SUPERINTENDENT. E~GINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTME~T Fax (516)-765-1750 (516)-165-3070 ITEM 1. 2. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. OFFICE OF THE ENGINEER 3. QUANTITY 2.5 ACRE 4,200 C.Y. 11,200 C.Y. 60 L.F. 4,300 L.F. 6,300 S.Y. TOWN OF SOUTHOLD BOND ESTIMATE FOR THE TIDE GROUP - CORBY PARK AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000-96-01-01 AUGUST 28, 1995 DESCRIPTION CLEARING & GRUBBING ROUGH GRADING/ UNCLASSIFIED EXCAVATION EXCAVATION AT RECHARGE BASIN SAW-CUT CONCRETE CURBING FINE GRADING DRAINAGE: CATCH BASINS MANHOLE HEAD-WALL & APRON LEACHING BASIN W/ C.I. GRATE (8'Dia X 12'd.) 30" Dia. CMP 24" Dia. CMP 18" Dia. CMP SURFACING: 3/4" STONE BLEND BASE BINDER COURSE ASPHALT WEARING COURSE ASPHALT UNIT PRICE $ 2,500.00 6.00 2.00 3.00 10.00 1. 50 2,000.00 2,000.00 2,000.00 2,500.00 30.00 25.00 20.00 25.00 40.00 40.00 4. 5. 6. 8 EACH 1 EACH 1 EACH 1 EACH 93 L.F. 495 L.F. 395 L.F. 1,200 TONS 950 TONS 1,050 TONS 30 L.F. 780 L.F. 1 EACH 8 EACH 4 EACH 115 EACH JOB 9,500 S.Y. 12 EACH 7 EACH 1 EACH JOB GUARD RAIL CHAIN LINK FENCE CHAIN LINK GATE CONCRETE DRIVEWAY APRONS STREET LIGHTS STREET TREES SCREEN PLANTING TOPSOIL & SEED CONCRETE SURVEY MONUMENTS STREET SIGNS FIRE WELL MAINTENANCE & PROTECTION OF TRAFFIC 20.00 25.00 1,000.00 1,000.00 2,000.00 200.00 2.50 100.00 200.00 20,000.00 *5:E V?~(A~~ ~~~ e5t~((\C\+e.. AMOUNT $ 6,250.00 25,200.00 22,400.00 180.00 43,000.00 9,450.00 16,000.00 2,000.00 2,000.00 2,500.00 2,790.00 12,375.00 7,900.00 30,000.00 38,000.00 42,000.00 600.00 19,500.00 1,000.00 8,000.00 8,000.00 23,000.00 23,750.00 1,200.00 1,400.00 20,000.00 3,000.00 SUB-TOTAL $ 371,495.00 + 6% ADMINISTRATION FEE $ 22,287.70 TOTAL $ 393,782.70 ~-:!J.,"-<>;>_~ {flY 'l>\lfFOlk 7~" 1.~ ~~)' ~ ~ ~ · ~0 ~QJ + i-~r;;:,1f5 ?i.;>;>~. Ad!'! '-<-':O.7z;rj." ,.-.... , PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Marl< S. McDonald Kenneth L. Edwards "'"" - Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Vorl< 11971 Fax (516) 765.3136 Telephone (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD Avdus1 ;1.5, 19'15 James Richter, Road Inspector Highway Department Peconlc Lane Peconlc, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: street Location: Hamlet Location: Norlh h,rk. T".Lsl-c:o.\l p",<k, 1000. '\6-\- \ "\::e~-t \..,G"".e. cw.J, Ct::. '18 c. u\-c."o~ ue. Comments EN::.\~.Ie~\"Ie'l!.e ~,"'c\ ~\$"""'''' b(~ es-\,~ ~(fe..>i('-<J W Pi6. N, rf7/J/(lrI a Off}. IwrJsrculf ,,/rvtI sJw,"/$ lJoJo\e (Ow DC, 0<(7r'0",S \,,' 'I W) o.cn:-\I"'~1' 1,\,,~~ ,,~I~ ..,,4.l1. GN<>.. -f\,;~ 9""" h.\ ,,[f\-hl~Y\ sVhn'\;II(~. 0()w;\\ ~ ' ( cJ;) I.n1S""fIM -it, h,,0 ~f.:1 tp<<iot. (IV"f~) ,,{ ""JA pbtn Plf~s( 11M, ...f 411y .DD,+,o,,,,,, \,J 0 ,...,05\...., "~.;<.,,..'" 7111.,/c 1"'4' Contact person: (i~ . SSa.. ,,;qv Type of Application: Sketch SUbdivision Map Preliminary SUbdivision Map Final Subdivision Map y:, Road Profiles Grading and Drainage Plans other Aw\"(q,,~~ IS.....\. E..\-. Sketch Site Plan Preliminary Site Plan Grading and Drainage Plans Other (Dated (Dated (Dated (Dated (Dated (Dated (Dated (Dated (Dated (Dated (T;o\.c ~roo~ / / / / / 8 /;l;l. / / / / ) / ) /~5 ) / / ) / / ) / / ) / / ) c. / f '" TO _ (516) 298-9660 THE TIDE GROUPC/O Mr. H. Rayno~ JOIi'ESTIMATE rSu\'mi\\e~ -(-0 -) LYB,:,,' 8r2J..}qS PHONE ARTCO DRAINAGE CORe Excavation & Drainage P.O. Box 1132 MATTITUCK, NEW YORK 11952 298-8/' JOB NAME flOC AT ION Corby Park Cutchogue, NY 11935 320 Love Lane Mattituck, New York 11952 298-8531 J DESCRIPTION: COMPLETE ROAD AND SITE CONSTRUCTION 12,750 cubic yards excavation $ 19,125. 9,600. 1,200. 19,000. 1,800. 25,800. 1,450. 425. 9,152. 81,742. 18,400. Eight Catch Basins with Castings One Manhole 1,040 feet CMP - various sizes One Headwall in sump 4,300 feet concrete curbing One 12" X 8" Leaching Pool 30 feet metal Guardrail Fence for Recharge basin 70,050 square feet Asphalt Paving 115 street trees / 21 - 3" caliper C ESTIMATE IS FOR COMPLETING THE ,JOB AS DESCRIBED vE IT IS BASED ON OUR EVALUATION AND DOES NOT IN. 'JE MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND '-'lIALS WHICH MAY BE REQUIRED SHOULD UNFORESEEN 8LEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER WORK HAS STARTED. ESTIMATED JOB COST $ 187,694.00 ESTIMATED BY c - - HENRY E. RAYNOR PO BOX 1459 320 LOVE LANE MA TTITUCK, N.Y. 11952 516-298-8420 516-298 2127 (FAlO AUG. 21, 1995 TO: SOUTHOLD PLANNING BOARD RE: TIDE GROUP ENCLOSED HEREWITH ARE THE ESTIMATES FOR CONSTRUCTION OF THE ABOVE CAPTIONED SUBDIVISION. ALSO ENCLOSED ARE THE COVENANTS AND RESTRICTIONS, AMENDED PER PLANNING OBARD'S REQUEST. HOME OWNERS ASSOCIATION, AND STAMPED CURRENT MAPS ARE PENDING COMPLETION. YOURS TRULY, ~;l2: Ka~ ~ ~ K5 r.'~-'------ I..' ,.;1.,. l~ (& ~-B w. m@l U:J ~- In 'J .. '1 .. II!' " , '- 'A'. Ii U 1/ :' I'W ~ ; . --..... - '" . -I, '- I ...._~--...-...---.....,.;.~._._~.,-_.._-~ ARTCO DRAINAGE CORJO Excavation & Drainage P.O. Box 1132 MATTlTUCK. NEW YORK 11952 JOIfESTIMATE TO _. (516) 298-9660 THE TIDE GROUPC/O Mr. H. Raynor 298-8'. SUbmi1lec\. -to ~.on 81V-)QS PHONE Joe NAME/LOCATION 320 Love Lane Corby Park Cutchogue, NY 11935 Mattituck, New York 11952 298-8531 ] DESCRIPTION: COMPLETE ROAD AND SITE CONSTRUCTION 12,750 cubic yards excavation $ 19,125. 9,600. 1,200. 19,000. 1,800. 25,800. 1,450. 425. 9,152. 81,742. 18,400. Eight Catch Basins with Castings One Manhole 1,040 feet CMP - various sizes One Headwall in sump 4,300 feet concrete curbing One 12" X 8" Leaching Pool 30 feet metal Guardrail Fence for Recharge basin 70,050 square feet Asphalt Paving 115 street trees / 2i - 3" caliper C; ESTIMATE IS FOR COMPLETING THE JOB AS DESCRIBED 'VE. IT IS BASED ON OUR EVALUATION AND DOES NOT IN. 'JE MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND [RIALS WHICH MAY BE REQUIRED SHOULD UNFORESEEN BLEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER WORK HAS STARTED. ESTIMATED JOB COST $ 187,694.00 ESTIMATED BY , "....., "~ ~ ,-,," ~ .. DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS Declaration made as of this day ot" , 1995, by The Tide Group, a New York corporation with offices at 320 Love Lane, Mattituck, New York 11952, hereinafter referred to as "Developer" or "Declarant". WIT N E SSE '1' H : WHEREAS, Developer is the owner of the real property described in Article 11 of this Declaration and shown on the filed map of the Property which Declarant desires to subdivide industrial property where common facilities will exist for the benefit of those who purchase said parcels of this subdivision; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said Conmunity to create an agency to which should be delegated and assigned the powers of maintaining and administering the Community property and improvements and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated the Tide Group Property Owners Association, Inc. under the Not-Por-Profit Corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW 'l'REREPORE, the Developer, for itself, its successors and assigns, declares that the real property described in Article 11 is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to the Tide Group Property Owners Association, Inc., a Not-For-Profit corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to the By-Laws governing the operation of the Association, the form of which is set forth in Exhibit B hereto. (d) "Common Expenses" shall mean and refer to those expenses (including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as "Assessment"). (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on the Piled Map of the Property in the Suffolk County Clerk's Office and including, without limitation, the internal roadways, open space and drainage areas. , . c ~ v (f) "Declaration" shall mean and refer to this Declaration of Covenants, Restrictions, Easements, Charges and Liens, as the same may from time to time, be amended. (g) "Developer" or "Declarant" shall mean and refer to the Tide Group, a New York corporation and its successors and assigns, if such successors and assigns should acquire an undeveloped or developed but unsold portion of the Properties from the Developer including, without limitation, any mortgage which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Conmunity" shall mean the Tide Group subdivision, a commercial development of the Properties which shall consist of eight (8) lots. (i) "Piled Map" shall mean and refer to the map for the Tide Group as fil ed in the Suffolk County Clerk's Office. (j) "Unit" shall mean and refer to all units of cOll'lllercial buildings situated upon the Lots on the Properties. (k) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for cOll'lllercial uses shown on the Piled Map of the Properties filed in the Suffolk County Clerk's office but shall not include the Common Areas. (1) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article III. Each Member shall be entitled to one (1) vote. (m) "The Properties" shall mean and refer to all such Properties described in Article II. (n) "Property owner" or "owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any Unsold Lot. Every Property owner shall be treated for all purposes as a 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, such collective ownership shall constitute one (1) Member. (0) "Unsold Lot" shall mean and refer to any Lots owned by the Developer and any successors or assigns until such time as the same have been sold to a third party. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION Section 1. Properties. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A" annexed hereto. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Seetin 1. interest. Properties Membership. The Association shall have one class of membership The Owner of a Lot wi th or wi thout an improved Uni t on the subject to this Declaration shall be a Member. -.........-..-- - , c -, '-" , . Section 2. Voting Rights. Each Member is enti tl ed to one vote respecti ve to the number of Lots owned by a Member. When more than one person or entity holds such interest in the membership, the one vote attributable to such membership shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Member. por purposes of this section the word "Unit" shall have the same meaning as "Lot" and therefore if there is not Unit constructed on a particular Lot in the Development, the Owner of such Lot will still be considered a Member entitled to cast the one vote as set forth above. No Member shall split or divide its votes on any motion, resolution or ballot. Section 3. ~ranafer of M.-bersbip. Membership in the Association shall be appurtenant to, and many not be transferred, except in conjunction with the lawful sale of conveyance of a Lot with or without an improved Unit thereon. No Owner shall be permitted to sell or convey his or her Lot unless and until he or she shall have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board against such Lot. Upon such sale or conveyance, the seller of such Lot shall relinquish his or her membership in the Association and the purchaser of such Lot shall automatically become a Member, subject to this Declaration, the By- Laws and the Rules and Regulations. AM'ICLB IV. PROPDft RIGIft'S 1M '1'IIB PltOPD'l'IES. Section 1. ~itle to CUft~ Properties. ~he Developer shall convey to the Association legal title to the Common Area subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Properties and the Association, its successors and assigns: In order to preserve and enhance the property values and amenities of the Development, the Common Areas and all facilities now or hereafter built or installed thereon, shall at all times be maintained in good repair and condi tion and shall be operated in accordance with high standards. The maintenance and repair of the Common Areas shall include, but not be limited to, maintenance, repair of damage and replacement to the internal roadways. snow removal of the internal roadways, maintenance, repair and replacement if necessary of the street signs, drainage areas, street trees and common lights and maintenance of all other utilities located on or in the Common Properties, if not maintained by the applicable utility company. ~his Section shall not be amended, as provided for in Article XII, Section 2, to reduce or eliminate the obligation for maintenance and repair of the Common Areas. Section 3. Extent of M~rs' Eas_ts. The rights and easements of enjoyment created hereby shall be subject to the following: (a) ~he right of the Association to promulgate rules and regulations for the use of the Commons Areas; and (b) The right of the Association, as provided in its By-Laws to suspend the rights of any Member for a period during which any assessment remains unpaid and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; and ~ , o r'\ V '. (c) The right of the Developer to offer for dedication the roads and/or drainage facilities to the Town of Southold or any other public agency or authority or private entity at any time prior to deeding the roads and/or drainage facilities to the Association and upon deeding the road and drainage facilities to the Association the obligation of the Association to offer for dedication the roads and/or drainage facilities to the Town of Southold or any other public agency or authority upon the written request of the Developer. (d) The right of the Association, after the Developer no longer owns any unsold Lots, to dedicate or transfer all or any part of the Commons Areas, to any public agency, authority, utility or private entity for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members and their mortgagees entitled to cast eighty (80\) percent of the eligible votes has been recorded agreeing to such dedication, transfer, purpose or condition and unless written notice of the action is sent to every Member at least ninety (90) days in advance of any action taken; and (e) The right of the Developer and of the Association to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewers, drainage, cable television, gas and other utilities, and the right of the Developer to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties for the completion of the Developer's work under Section 1 of Article V; and (f) The terms of the By-Laws and any rules and regulations promulgated by the Board of Directors regarding The Properties and Commons Areas; and (g) The right of the Developer to use the Common Areas or to permit the Common Areas to be used by Developer's designee or any prospective purchaser of a Lot or any tenants of Unsold Lots with an improved Unit thereon, without charge, in accordance with and subject to this Declaration, the By-Laws and any rules and regulations promulgated by the Board. In addition, Developer shall have the right, at any time when there shall be any Unsold Lots, to use the Common Areas, without charge, for exhibi tions or other promotional functions with respect to Developer's sales programs, in accordance with and SUbject to this Declaration, the By-Laws and the rules and regulations. The provisions of Article IV, Section 3, may not be amended without the written consent of the Developer or its successors and assigns. ~ICLB V. DIWBL6rftDR& OP ".E 'fIDE 0It0UP SUBDIVISIOR Section 1. '!'he 'fide Group Subdivision. Developer intends to improve up to eight (8) Lots, roadways, and other improvements to the Common Areas on the parcel of land as described in Exhibit "A" consisting of a total of approximately 29 acres. Section 2. Baa-.ent. Developer does hereby establish and create for the benefit of the Association and for all Property Owners from time to time of Lots subject to this Declaration and its permitted occupants of Units improved on said Lots and their heirs and assigns and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: o o (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under, upon and across the streets and roads in The Properties (as shown on the Filed Map(s) and any changes as they may be built or relocated in the future) for all purposes; (ii) Rights to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable television lines, sewers, and drainage lines which may from time to time be in or along the streets and roads or other areas of The Properties. Section 3. Reservation of .ast!IBeDts. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across The Properties, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and reserve easements and rights-of-way in, through, under, over, upon and across the Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with maintain and make use of the utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may from time be in or along the streets and roads or other areas of The Properties. In addition, the Developer and any Selling Agent retained by Developer reserves the right to continue to use The Properties and any sales offices, maintenance buildings, Unsold Lots with or wi thout improved Unit thereon, signs, and parking spaces located on The Properties in its effort to market Lots on The Properties for so long as there are any Unsold Lots remaining in the Development. Developer further reserves the right to maintain upon the Properties such facilities as may be required, convenient or incidental for the completion of its work under Section 1 above including, without limitation, a business office, storage area, construction trailers, construction equipment and supplies, for so long as there are any Unsold Lots remaining in the Development. This Paragraph may not be amended without the written consent of the Developer. Section 4. I:Dcroac~t. on Lot. or C~ Area. In the event that any portion of any roadway, walkway, parking area, driveway, patio, deck, water line., sewer lines, drainage lines, electric and gas meter., utility line., sprinkler system, fences, light standards, building or any other structure as originally constructed by Developer encroaches on any Unit or Lot or the Common Areas, it shall be deemed that the Property Owner of such Lot and any Unit improved upon such Lot or the Association has granted a perpetual easement to the Property Owner of the adjoining Lot or the Association, as the case may be, for continuing maintenance and use of such encroaching roadway, walkway, driveway, patio, deck, parking area, water line, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler syst_, building or structure. The foregoing shall also apply to any replacements of any such roadway, walkway, driveway, patio, deck, parking area, water line, sewer lines, drainage lines, electric and gas meters, utility line., sprinkler system, building or structure if same are constructed in substantial conformance to the original. The encroachment for sewer lines, water lines and utility lines shall also apply to sewer and utility lines which may run under any Unit improved upon a Lot. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. - '--' .~ Section 5. Basement for "'rgeDcy Access. Developer does hereby establish an easement of ingress and egress over the roadways, any parking areas and all other Common Areas in the Development for the benefit of all emergency vehicles and personnel including but not limited to police, fire and medical purposes. Section 6. Bas.....t for Repair. 'fhe Board, Managing Agent, if any, manager or employee of the Association and any other person authorized by any of the foregoing, shall have, and the Common Areas shall be subject to, an easement in, to and through the Common Areas or any portion thereof in favor of the foregoing persons, (a) to operate, maintain, repair, alter, rebuild, restore and replace any of the Common Areas, including without limitation, the maintenance of any sign identifying the Association located at the entrance thereto and any advertising and/or directional signs and (b) to perform any of their respective duties in accordance with the By-Laws. Section 7. E.s.....t for Cu.pletion. Each Member hereby grants a right of access to his Lot to Developer or its designee, and any contractors, subcontractors, agents, and employees of the foregoing for the purposes of the repair and completion of any installation, maintenance, repair, restoration, replacement, or change including, without limitation, the correction of any construction defects being performed or to be performed by or on behalf of Developer with respect to the Common Areas. Section S. Right of Access in Pavor of the Associ.tion. Each Property OWner shall .fford to the Association, any Managing Agent and/or any other person authorized by any of the foregoing a right of access to his or her Lot on reasonable notice at reasonable hours, on any day except Sundays and holidays (except that in an emergency situation such notice need not be given) for the purposes of: (a) making inspections of, or removing violations noted or issued by any governmental authority against any other Lot; (b) curinq defaults hereunder, or violations of any rules and regulations promulgated by the Board of Directors and committed by such Property OWner; and (c) correcting any conditions originating in or on his or her Lot and threatening another Lot or all of any portion of the Property. Section 9. Easements of Record. 'fhe rights of Property OWners in the Association are subject to all Declarations, Covenants, restrictions, reservations, exceptions, easements, and agreements of record. Section 10. Future Easements. Developer shall retain the right, so long as there are any unsold Lots on the Properties, to place any easements in, to or under the Properties which Developer shall deem necessary for the benefit of the Association and its Members. AR'fICLE VI. COVDAIft' POR MAIR'fDAltCE AS8ESSMD'fS Section 1. Creation of the Lien and Personal Obligation. 'fhe Developer, for each Unsold Lot then subject to the Declaration of Covenants, Restrictions, Easements, Charges and Liens owned by it wi thin the Properties, hereby covenants and each Property OWner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association such Common Expenses as are fixed by the Association's Board of Directors and assessed to the Property OWners as hereinafter provided. All sums assessed "_,,,,,'.';__">_""'"_'~".""";'____""'_~''''''''fl''_""__.q.,,..,;_~_ . . o :> by the Association but unpaid, together with such interest thereon and the cost of collection thereof as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such Property OWner against which each such Common Expenses is made. Each such assessment, together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Property Owner of such property at the time when the Common Expenses fell due. Section 2. Purpose of the Assessment. ~he Common Expenses levied by the Association shall be used exclushel:r for the purpose of promoting the health, safety and welfare of the OWners of the Properties as a Development and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and of the Lots situated upon the Properties, including, without limiting the foregoing, the payment of taxes (if any) on the Common Area, insurance thereon, and repair, replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. Section 3. Common Expenses. ~e Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Property OWner prior to assessing the Property OWner's thereon. ~he Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the Board. ~he total annual requirements and any supplemental requirements shall be allocated between, assessed to, and paid by the Property OWners as follows: Each Property OWner shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Lots on the Properties subject to this Declaration. The Developer's obligation for such Common Expense on Unsold Lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Areas, and on Lots to which title has been conveyed and the Common Expense levied on Property OWners who have closed title on their Lots based on a full-occupancy budget. In no event, however, will the Developer be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying full assessments on Unsold Lots for the Unsold Lots then subject to the Declaration of Covenants and Restrictions. 'l'he amount of any deficiency shall not include uncollected Common Expenses from Property OWners. ~he sum due the Association from each individual Propert:r Owner shall constitute a Common Expense of the Board of Directors and unpaid Common Expenses shall constitute liens on the individual Lots and the personal obligation of the Property OWner, subject to foreclosure as hereinafter provided. Section 4. Due Dates; Duties of the Board of Directors. All Common Expenses shall be payable monthly in advance or as otherwise ordered by the Board of Directors. 'l'he Board of Directors of the Association shall fix the date of commencement and the amount of the Common Expenses against each Lot and shall '_'~_"_,'>M, .. ~"._.,~__...________,,;;..__ , o J prepare a rost.r of th. Lots and Common Exp.ns.s applicabl. thereto which shall be kept in the office of the Association and .hall be open to insp.ction by any Prop.rty Own.r. Upon th. written r.qu.st of a Property owner or their Mortgagee, the Board shall promptly furni.h .uch Property Own.r or th.ir Mortgag.. with a written .tatement of the unp.id ch.rg.s due from such Property owner. Section 5. Effect of Ron-P.yment of A.sessment, ~he P.rsonal Oblig.tion of the Property owner; ~he Lien, Remedie. of the A..oci.tion. If a Common Expense is not p.id on the d.t. when due, .. fixed by the Bo.rd of Directors, then .uch Common Expense .hall become delinquent and shall, together with suchintere.t ther.on and co.t of coll.ction thereof.. herein.fter provided, thereupon become . continuing lien on the Property owner'. Lot which shall bind .uch prop.rty in the hand. of the Property Own.r, his heir., d.vi.ee., person.l represent.tive. .nd ..sign.. Such lien .hall be prior to all other liens except: (a) t.x or .....sment lien. on the Lot .nd/or Unit improved on the Lot by the t.xing .ubdivi.ion of .ny government.l .uthority, including but not limited to st.t., County, Village and School District taxing .gencie.; .nd (b) .11 .ums unp.id on .ny fir.t mortg.ge of record encumbering the Lot or .ny Unit improved on the Lot. ~he per.on.l oblig.tion of the Property owner who was the owner of the Lot when the Common Expense fell due to p.y .uch Common Expense, however, .h.ll remain hi. p.r.on.l oblig.tion for the .t.tutory period .nd .h.ll not pa.. to hi. .uccessor. in title unless expre..ly .s.umed by them. In the event .ny Property owner f.il. to make pa~t of . Common Expense, the Property owner who own. such Lot sh.ll be obligated to p.y (a) a "l.te charge" of $.04 for e.ch $1.00 of such .mounts which remain unpaid for more th.n ten (10) day. from th.ir due d.t. (.lthough nothing herein .h.ll be deemed to extend the period within which such .mount. are to be paid) and (b) interest at the r.t. of 2' per month (but in no event in excess of the maximuJll r.te permitted by law) on such unpaid amounts (less .ny "l.te ch.rges" theretofore collected on such amounts) computed from the due date thereof, and (c) all expenses, including, without limitation, attorneys' fees paid or incurred by the Board or by any Managing Agent in any proceeding brought to collect such unpaid Common Expense or in an action to foreclose the lien on .uch Property Own.r's Lot arising from said unpaid Common Expense in the manner permitted by .pplicable law. All such "late charge.", interest and expenses shall be added to and shall con.titute Common Expenses payable by such Property owner. The Board (on behalf of the owners) .hall have the right to bring .n action to for.clo.. a lien on a Property owner's Lot or Unit improved thereon in the event that such Owner is in default in the payment of Common Expen.... A .uit to recover a money judgment for unpaid Common Expense. h.ll be maint.inable, at the option of the Board, without foreclosing or w.iving the lien .ecuring .uch ch.rges. In the event of a foreclo.ure .ale of a Lot of Unit improved thereon by . Mortg.gee or by the Bo.rd of it. lien on any Lot or Unit improved thereon, for unp.id Common Expenses, if the net proceeds of the foreclo.ure .ale (after deduction of all 1 egal fees, advertising co.t., brokerage commissions .nd other costs and expense. incurred therewith) shall be insufficient for the p.yment of .uch unp.id ch.rge., or if a Lot or Unit improved thereon is acquired by a mortgagee or purch..er in foreclosure, the owner of .uch Lot or improved Unit thereon prior to foreclo.ure s.le .hall remain liable for the p.yment of .11 unp.id Common Expenses which .ccrued prior to .uch .ale. , o J ARTICLB VII. CORS'l'JtUC'fIOR RBQUIRBMBRTS POR URITS OR LOTS Sec1:ion 1. 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 the Developer, its successors or assigns, prior to the start of any construction as long as the Developer owns any Unsold lots. Thereafter, all plans for construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by the Board of Directors of the Association or any Architectural Committee appointed by the Board of Directors of the Association. Such approval. which shall not be unreasonably withheld, shall be based on the judgment of the Developer, the Board of Directors or Architectural COII'IlIi.ttee as the case _y be, as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the Tide Group subdivision. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. Section 2. Building Modifications. All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial building, including any breeseway or other structure connecting an addition to the _in building, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial building shall not project more than five (5) feet beyond the front wall of the structure as originally approved. ARTICLE VIII. MAIR'fDARCB The Association will be responsible for the _intenance, repair and replacement of all portions of the Common Atea. Each owner will be solely responsible for the _intenance, repair and replacement of all portions of the OWner's Lot and Unit improved thereon. ARTICLB IX. IRSURARCB (a) The Board shall be required to obtain and _intain, to the extent obtainable and to the extent determined by the Board to be appropriate, the following insurance: (i) worker's compensation and Rew York state disability benefits insurance for any employ_s: (11) fidelity insurance covering all officers, Board members, directors, employees of the Association and of the managing agent or agents who handle funds of the Association: (iii) directors' and officers' errors and omissions insurance: and (iv) such other insurance as the Board _y determine. The premiums for all insurance referred to above and for the liability insurance referred to below shall be a Common Bxpense and shall be borne equally by the Property OWners. (b) The Board shall also be required to obtain and maintain, to the extent obtainable, comprehensive general liability insurance against claims for personal injury, death or property damage occurring upon, in or about the Common Areas and in such limits as the Board _y from time to time determine, covering (i) the Board, any managing agent appointed by the Board, each Board member and each Association member and any lessee, or occupant. The Board shall also be required to obtain and maintain, on behalf of the Board, fidelity insurance covering the Board, the Managing Agent, if any, each Board member and each officer of the Association and each employee of the Association employed as such. .-:::-:- ~'" ...-......n~"'~I"_,..-,..'....,,,_ o o (c) Members shall not be prohibited from carrring other insurance for their own benefit, at their own expense, and the Board shall not be prohibited from carrring additional insurance, provided that anr such policies shall contain waivers of subrogation, and further provided that the liabilitr of the carriers issuing insurance obtained br the Board shall not be affected or diminished br reason of anr such additional insurance carried br an1 Member. (d) In the event that the Common Area or any part thereof is damaged or destro1ed b1 fire or other casualt1 the Board will arrange for the prompt repair and restoration thereof and the Board, or the Insurance ~rustee, as the case mar be, shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress pa1m8Dts. If the insurance proceeds are less than sufficient to cover, or exceed, the cost of repairs and restoration, the deficit or surplus, as the case -1 be, will be borne equallr br all Propert1 Owners as a Common Expense or shared equallr by all Propertr Owners, except that the alllOunt of anr surplus pa1able to anr Member pursuant to this Section (d) shall be lessened br the amount of any unpaid Common Area Common Expense against such Propertr Owner. AJtTICLE X. USE OP PROPOn ~he use of a Lot and anr Unit improved thereon b1 a Member of other occupant shall be subject to the rules, regulations and provisions of this Declaration, the Br-Laws and anr rules and regulations of the Association as the1 mar be added to or promulgated br the Board of Directors and the following covenants and restrictions: (a) The Lot, anr Unit improved thereon, and an1 area restricted to the Member's use shall be maintained in good repair and overall appearance. (b) Au1 Propertr Owner who mortgages or. sells his Lot or Unit improved thereon shall immediately notifr the Board of Directors providing the name and address of his mortgagee or new Propert1 Owner. (c) The Board of Directors shall, at the request of the mortgagee of the Lot or anr unit improved thereon, report anr delinquent assessments due from the Owner of such Lot or Unit improved thereon. (d) Ko nuisances shall be allowed upon the Properties nor shall anr use or practice be allowed which is a source of annorance to residents or which interferes with the peaceful possession and proper use of the property br its residents. (e) Ko improper, offensive or unlawful use shall be made of the Properties nor anr part thereof, and all valid laws, zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. (f) Regulations promulgated b1 the Board of Directors concerning the use of The Properties shall be observed by the Members. (g) The Common Expenses shall be paid when due. (h) Ko Property Owner shall IlIOve, remove, add or otherwise change the landscaping on the Common Area without the consent of the Board of Directors or anr Architectural Committee. ~he landscaping shown on the landscape plan or final subdivision map approved br the Southold Town Planning Board shall not be IlIOved, relllOved or otherwise changed without approval from the Southold Town Planning Board. " o """ ",J (i) .0 person shall be permitted to use the COIlIIIOIl Area except in accordance with the rules and regulations estabUshed by the Association's Board of Directors. (j) ~he Common Area sball not be obstructed, littered, defaced or misused in any manner. (k) Every Member sball be Uable for any and all damages to the Common Area and the property of the Association, which shall be caused by said Member, its permitted occupants of Units on the Lots, their respective guests and other such person for whose conduct the Member is legally responsible. (1) .othing shall be done or kept on the Association Property which will increase the rate of insurance of the COIII'Ilon Areas or contents thereof without the prior written consent of the Board. Mo member shall permit anything to be done or kept on the Properties which will result in the cancellation of insurance on the COIII'Ilon Areas or which would be in violation of any law. (m) .0 lot shall be divided and conveyed as two (2) or more separate parcels. (n) .0 animals, livestock or poultry of any kind shall be raised, bred or kept on &DY Lot, except that of dogs, cats or other bousehold pets may be kept provided that they are not kept, bred or maintained for cOlll'llercial purpo.e. (0) 110 trailer, tent, shack or other such structure shall be located, erected or used on any Lot permanently. (p) 110 noxious or offensive activities shall be carried on or upon any Lot, nor shall anything be done thereon wbich may be or _y become an annoyance or nuisance to the community. (q) Garbage or rubbish sball not be dumped or allowed to remain on any Lot. All garbage to be collected must be contained in a closed receptacle, placed inconspicuously outside the building for collection. (r) Pences, whether fabricated or growing shall not exceed 80uthold ~own Code limitations. (s) .0 boat or boat trailers shall be placed on any Lot unless in a garage or authorized accessory building. (t) .0 fires or fire pits sball be permitted in the COIII'Ilons Areas unless approved by tbe Board of Directors. (u) ~he use of the roads shall be subject to reasonable regulations from time to time promulgated by the Board of Directors. (v) Developer shall have the right to display signs for promotional, sales, exbibit and administrative purposes upon any portion of the COIII'Ilon Areas or upon any Unsold Lot until the last Unsold Lot within the Properties is sold and conveyed. Developer shall bave the right, the foregoing notwithstanding, to place permanent 8igns on Lots of its choice, at sites chosen by Developer. Developer shall also have the right to install fencing and walls on the Lots . " c ........ ..J at perimeter sites chosen br Developer. "0 Propertr owner (other than Developer) or tenant or other person on the premises shall remove, alter, change, interfere with or tamper with, in anr war, said signs, walls or fences, which shall be maintained in good condition br the Association and its Board of Directors. ~he cost of such maintenance shall be treated as a COIlIIllOn Expense. AR'I'ICLB XI. ACCZSS 'fO PltO~ a) ~he access for all lots located at the end of a cul-de-sac (Lots 3, 4, 7 and 8 on the map dated January 10, 1992) shall be designed at such time that the individual site is developed, in such a manner as to provide additional turning area for tractor trailer trucks. b) Parking is to be prohibited in all cul-de-sacs. c) Access to all lots shall be via the proposed roads. 80 lot shall have direct access onto Depot Lane or Countr Road 48. ~his section shall not be terminated, revoked or amended without a majoritr consent of the Southold ~own Planning Board. AR~ICLI!: XI. DBVI!:LOPD' S 1t10ll'l' 'fO CIIAlIOI!: SIft PLAJf Section 1. Itight to change site plan. Developer reserves the right to make minor revisions of boundarr lines and road lines from those shown on the site plan in order to preserve the natural topograpbr of all or anr portion of ~he Properties and to adjust the size of the Lots to accommodate the improvements on all or anr portion of ~he Properties now or hereafter constructed, subject to anr required approvals br the ~own of Southold or any other public agencr. ~he rights reserved to Developer hereunder shall include, but not be limited to, the right (i) of a reversion of title to insubstantial portions of the Common Areas to be conveyed to the Association for the purpose of adding such portions to one or more of the Lots: (11) to change in an insubstantial manner, the location of Lots not ret convered br Declarant and the Common areas and the location of the improvements thereon: and (iii) to change in an insubstantial manner, the location of a road or roads. Section 2. Procedure to change site plan. ~he Association herebr consents (and the deeds convering the Common Areas to the Association shall similarly provide) that the Site Plan mar be amended to effectuate anr of the provisions contained in Section 1 above, without anr further covenants and that the Association will, if requested, execute, acknowledge and deliver, without charge, a deed or deeds reconvering to Developer or to an owner anr land theretofore convered to the Association so that a revision or correction deed or deeds conforming to an amended site plan mar be delivered. ~he deeds convering the Lots to Propertr owners mar also provide that the site plan mar be amended accordingly for the above purposes without anr consent on their part being required, and that the acceptance of a deed shall be deemed a consent to such future amendment or amendments of the site plan, and that such Propertr Owners covenant that ther will, nevertheless, if requested, execute, acknowledge and deliver without charge, a deed or deeds reconvering to Developer or the Association anr land theretofore convered to the Propertr owner so that a revision or correction deed or deeds conforming to an amended site plan mar be delivered. Regardless of the foregoing, the recording br or '-~ , c :) on behalf of Developer of an amended site plan to delineate any or all of the changes provided for in this Article XII shall be deemed a modification of any prior instruments whereby Developer conveyed title to any or all of the Common Areas to the Association. 'fhe provisions of this Article XII, Sections 1 and 2 may not be amended without the written consent of the Developer, its successors or assigns. AR'fICLE XIII. GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Rights and Privileges. 'l'he easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Developer, the Association and the Owners of the Lots and any improved Units thereon and Unsold Lots on the Properties, subject in case of the Common Areas to be rules and regulations of the Board of Directors, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. Section 2. Duration and Amendment. 'l'he covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any Member, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, until December 31, 2060, unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by sixty six and two thirds (66-2/3) of the Members. then subject to the Declaration, has been recorded, agreeing to change said covenants and restrictions in whole or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created with respect to the Properties by Section 2 of Article V shall be perpetual, run with the land, and shall survive any destruction, reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimoua written consent of all the Members. Unless specifically prohibited or different requirements are provided herein, this Declaration may be amended by an instrument signed by Members holding not less than sixty six and two-thirds (66 2/3) of then existing membership. Any amendment must be properly recorded to be effective. Notwithstanding any provision contained herein to the contrary, no amendment, modification, addition or deletion of, to or from this Declaration, the By- Laws or any rules and regulations shall be effective in any way against Developer or its designee or any Unsold Lot, a. long as the Developer owns an Unsold Lot on the Properties, unles. Developer ha. given its prior written consent thereto. Developer hereby reserves the right to amend. modify, add to or delete from this Declaration at any time without the requirement of obtaining the approval. consent or signature of the Board or any Members for the purpose of making any technical corrections or addition. or any other change. that do not ..terially and adversely affect the Property Owners. Such amendment, modification. addition. or deletion of. to or from this Declaration, duly executed, in form for recording, shall be recorded by Declarant against the Property and theretofore subject to this Declaration. ...- ^ c r". -- Section 3. Disposition of Assets Upon Dissolution of Association. Upon dissolution of the Association, its real and personal assets, including the Common Areas, .hall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the A..ociation. In the event such dedications refused acceptance, .uch as.ets shall be granted, conveyed and as.igned to any non-profit corporation, a..ociation, trust or other organization to be devoted to purpose. as nearly as practicable the .ame as tho.e to which they were required to be devoted by the A..ociation. 110 such di.po.ition of the Association properties shall be effective to divest or dimini.h any right or title to any Member ve.ted in him under the licenses, covenant. and easements of this Declaration, or under any subsequently recorded covenants, deed. or other documents .pplic.ble to the Properties, except .s may be otherwise provided in this Declaration or said covenants, deed. or other document., as the 0... may be, nor shall any oth.r p.rty under any such deeds, covenants or other documents be deprived or any rights ther.under on .ccount of .uch di.po.ition. Section 4. lIotices. Any notice required to be .ent to any Member of Property OWner under the provisions of this Declaration shall be deemed to h.ve been properly sent when mailed, by certified mail r.turn receipt requested, postpaid, to the last known .ddress of the per. on who appears as Member or Property OWner on the record. of the A.sociation .t the time of such mail ing. Section 5. Administration. ~he admini.tration of the Association shall be in .ccordance with the provisions of the Association By-Laws which are made a part of this Declaration and att.ched hereto as Exhibit "B" to the Declaration. Section 6. Sever.bility. Invalid.tion of .ny of the covenants, limitations or provisions of this Declaration by judgment or court order sh.ll in no way affect any of the remaining provisions hereof and the s.me .hall continue in full force and effect. Section 7. Special Rights to Declarant. lIotwithstanding anything to the contrary contained herein so long as there are any Unsold Lots, Developer and any designee of Developer shall have the rights, without requi ring the consent of either the Association or .ny other Member(s), and without charge or limit.tion, to: (a) have its employees, contractors, subcontractors, and sales agents present on the Properties and on the Unsold Lots; (b) erect and maint.in signs and other promotional materials (including, without limitation, "for sale", and "for rent" signs), in connection with the promotion, .ale, lea.ing, management, or operation of the Unsold Lots; (c) use anyone or more Unsold Lots for; (i) model units, (ii) offices for the promotion, .ale, rental, management and/or operation of the Unsold Lots, (iii) offices in connection with any installation, construction, modification, .lter.tion, renovation, mainten.nce, repair, re.toration, repl.cement, or ch.nge being performed or to be performed, by, or on behalf of, Developer with re.p.ct to the Common Areas .nd/or the Un.old Lots; and/or (iv) for any other purpose: and (d) do .nd cause to be done all of the things th.t .re nec....ry, desir.ble and appropriate (including, without limit.tion, the use of the Common .reas .nd the Unsold Lot.) for the purpose of: (i) the promotion, .ale, rent.l, management and/or oper.tion of the Un.old Lots: (11) . ---'~"'--'"----~.'-' ; c ....'" "'..... the performance and completion of installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed or to be performed, br, or on behalf of, Developer with respect to the Common areas and/or (iii) the exercise performance and discharge of Developer's other ri9hts and obligations under this Declaration, the By-L_S or the rules and re9Ulations. In no event, however, shall Developer or such designee be entitled to use anr portion of the Common Areas in such a manner as will unreasonably interfere with the use of the same or of anr Lot for its permitted purposes. ~he provisions of this Article XIII Section 7 mar not be amended without the written consent of the Developer, or its successors or assigns. 'l'HE ~IDE GROUP lSy: o PLANNING BOARD MEMBERS RICHARD G. WARD Chairman j1J7~?77..;~<>?- lIP c;,UfFOL.t I",;>. i.~ ~~) ~ ~ ~. ~ ~Q./ + i-'b~d9 ~=df11li ,:) GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 15, 1995 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Major Subdivision North Fork Industrial Park (a.k.a. Tide Group) Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: Please find the following in response to your letter of August 13, 1995: The Planning Board granted conditional preliminary approval to the above mentioned subdivision on April 10, 1995. As of this date, the final submission for the subdivision has not been completed. Preliminary road and drainage plans have been reviewed and accepted by the Engineering Inspector. However, as mentioned in my letter dated April 11, 1995, a final road and drainage plan must be presented as part of the final submission. In addition, the final submission must include a bond estimate for all proposed subdivision improvements. Until such time that the information outlined in the letters dated April 20, 1995 and April 11, 1995 are submitted and the final submission is complete, conditional final approval is granted, and the performance bond and accompanying administration fee are submitted, the Planning Board is not prepared to grant authorization to start the proposed subdivision improvements. Please contact me if you have any questions regarding the above. &~t Planner cc: James Richter /, ",I _00 o o K:- m:~ THE TIDE GROUP INCORPORATED 320 L.OVE L.ANE MATTlTUCK, N.Y. 11952 516-298-8420 (PHONE) 516-298-2127 (FAlO AUG. 13, 1995 TO: SQUTHOl.D TOWN Pl.ANNING BOARD RE: NORTH FORK INDUSTRIAl. PARK FOR COMPl.IANCE WITH SECTION 81-4 TOWN OF SOUTHOl.D CODE, WE HEREBY REQUEST WRITTEN AUTHORIZATION FROM THE Pl.ANNING BOARv FOR THIS FUNCTION. IT APPEARS OUR CONTRACTOR HAS EXCEEDED THE TOWN CODE REQUIRE~ENT5 WITH THE MOVEMENT OF TOPSOIl.; EVEN THOUGH HE HAS INFORl'IED US OF APPROV 1.1.5 RECEIVED FROM THE V ARlOUS AGE1~CIES OF THE TOWN. AS THE EQUIPMENT IS NOW l.AYING IDl.E, AT CONSIDERABl.E EXPENSE, WE WOUl.D REQUEST A WRITTEN DETERMINATlON IMMEDIATEL.Y. YOURS TRUl.Y, ,-, "-:/..J!/)[lj(A~1 Q~J FOR THE TIDE GROUP INC. ur--" i , \ , . ;.,':!. , '," ~'\OO' 'I t " ". ,l, \' 'if 2 ""', 'I, ',';I_!i':'/Y;'-~- "'--'''',' ~ I. '.,,"'JI. ' iln\\ AUG 14 ~ r !, \'j:l' I,; 'wi ' I L i __K__-"_ ~ SOUTHOLO TOWN i L' l~~~!J.OARD,_.__.".J ""'" '-' o Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards ~ '!,\lfFDl.t tl ~ s~.'Y~\ ,:::) ~~ "" . U en ~U ~ ~.~ . ~ · ';:,11 ~O.f '1-~~ + "~ Town Hall, 53095 Main Road P. O. Box 1179 Southoid, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD Apdl 20, 1995 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Major Subdivision North Fork Industrial Park la.k.a. Tide Group) Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The following information is required for the above mentioned subdivision in addition to the information outlined in the Planning Board's correspondence of April 11, 1995: 1. A road and drainage plan dated January 10, 1992 was submitted as part of the preliminary submission. Additional road and drainage information was subsequently shown on the subdivision map dated February 7, 1995. A final road and drainage plan showing all improvements must be submitted as part of the final submission. 2. All landscaping improvements must be shown on either a landscape plan or the final subdivision map. Currently, some improvements are shown on the preliminary road and drainage plan and others are shown on the subdivision map. Additional planting must be included with the double row of evergreen trees within the buffer area. Also, any regrading to occur within the buffer area must be indicated. Street trees are to be planted outside of the right-of-way, as specified in the Highway Specifications Drawing Number 45-1, for the roads designed with a 50' right-of-way. Street trees are to be located within the right-of-way for the roads designed with a 70' right-of-way. The trees are to be located at the setback from the curb established for the 50' right-of-way. o o North Fork Industrial Park April 20, 1995 Page 2 3. The proposed bond estimate must be submitted. The bond estimate must include all improvements shown on the final road and drainage plan in addition to all proposed landscaping. [I. Two separate Declarations of Covenants and Restrictions have been submitted for this subdivision. The Planning Board has required that: a) A property owners association be established for the road and drainage areas. and b) A Declaration of Covenants and Restrictions be recorded including all covenants and restrictions required by the Planning Board. A document entitled llDeclaration of Covenants. Restrictions. Easements. Charges and Liens was submitted on January 13. 1995. including information pertaining to the property owners association but not the covenants and restrictions required by the Planning Board. A document entitled llDeclaration of Covenants and Restrictionsll was submitted on January 6. 1994 containing restrictions required by the Planning Board. The following revisions must be made to the Declaration of Covenants. Restrictions. Easements. Charges and Liens: a) The covenants and restrictions required by the Planning Board must be included in the Declaration of Covenants. Restrictions. Easements. Charges and Liens. This section shall not be terminated. revoked or amended without a majority consent of the Southold Town Planning Board. In this manner only one document will be necessary. b) Article IV. Section 1 of the Declaration must be revised to state that the Developer shall convey to the Association legal title to the Common Area. The Planning Board has required that a property owners association be established prior to any final approval of the subdivision. c) Article X. Section (h) must state that landscaping shown on the landscape plan or final subdivision map approved by the Planning Board shall not be moved. removed. or otherwise changed without approval from the Southold Town Planning Board. o :) North Fork Industrial Park April 20. 1995 Page 3 The Planning Board will be requiring additional covenants and restrictions pertaining to the one-hundred (100) foot wide buffer area. You will be notified of the required covenants and restrictions upon receipt of complete plans showing all proposed landscaping and proposed plans for the buffer area. However. a draft of the Declaration containing the revisions noted above must be submitted as part of the final submission. As a condition of any final approval. you will be required to submit a copy of the filed Declaration of Covenants,. Restrictions. Easements. Charges and Liens. a copy of the Article of Incorporation and the deed showing the transfer of title of the common areas to the property owners association. The final hearing will not be scheduled until the above mentioned information and the information required as part of the final submission (as outlined in the Planning Board's letters of February 25, 1992 and April 11. 1995) is submitted in complete form. Please contact this office if you require any additional information. Sincerely, // A~Lj~& ' MelYs'~pr Planner ~ '-" PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mari< S. McDonald Kenneth L. Edwards :) Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yori< 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ay,,; \ II) 19'15 James Richter. Road Inspector Highway Department Peconlc Lane Peconlc, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: /lJort'r, fOR\<.. ~"",,-\,.;<>-\ KIC~ (c.. I::.~ T:c\e Gro"~ Tax Map No.: 1000- '\(;- ,- \ Street Location: '"D"l"'-t l~"e. WV\d. co:.. '-j f! Hamlet Location: C.~"'tcl"- Type of Application: Sketch Subdivision Map Preliminary SUbdivision Map Final SUbdivision Map Road Profiles Grading and Drainage Plans Other }... Sketch Site Plan Preliminary Site Plan Grading and Drainage Plans Other <Dated (Dated (Dated / / ) :2. / 7 /'lS ) / / ) ) ) ) (Dated / / <Dated / / <Dated / / (Dated / / (Dated / / (Dated / / <Dated / / ) ) comments'fpar.- rl',';puJ "AY}llwl M"f "AlAi ~/)~f2 <,(O"'\s. f:\... n"y ",!).()A;""o\' vb,.,,,, ""'6";,,,\, a~ 'f".:>\- /)..{; -"., .c;"""Q S"hm;SS;,,1\J r- At'" mof'" ;'" Met". ~IZ. '1,,,),rcvri:k -tr:- ~.. P"''' 1-,,,,,,,\ E'<.,;-,,,,,,,-\e? Contact person:.Mp Ii ~:,;d Sr i12.0 Southold Town Pla~ng Board 6 ~1 10, 1995 2. Parcel "B" (the Recharge Basin area) shall be redesigned so that the area shown for the proposed water main will not be included in the parcel offered for dedication to the Town. In this manner, the proposed water main will be located within an easement over part of Lot 5 and part of Lot 10 rather than within Town owned land. 3. Parcel "A" is shown on the preliminary map as being offered for dedication to the Town. If the Town does not accept the offer of dedication for Parcel "A", this area must be incorporated into a Homeowners Association. The Superintendent of Highways should be contacted in regard to the offer of dedication for this parcel. Failure to submit the final submission within six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested and granted by the Planning Board. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. ********** Mr. Ward: 7:45 p.m. North Fork Industrial Park (aka Tide Group) This major subdivision is for eight lots on 29.11 acres located on the northeast corner of Middle Road and Depot Lane in the LIO District in Cutchogue. SCTM #1000-96- 1.1. Is the agent or applicant here: Henry Rayndr: Good evening. I think that this has been such a long process, I would like to bring the Board up to exactly what has transpired and what has not transpired. As you are aware, this is a twenty-nine acre zoned parcel in a light industrial office on Route 48 in Cutchogue in the northeast corner. The subdivision was originally started by Dennis Corby and the Tide Group purchased this property from him in 1991. Actually, it was purchased from his estate. In July of that year a six month extension was granted on the sketch which was given by this Board and the Tide Group filed the application with the Department of Health along with all the proper and necessary data, at the request of the Town Planner. Southold Town Pla~ng Board "".. 7 ~l 10, 1995 At that time, we received comments from LILCO with regard to the intersection of power lines that run through the property and after their inspection got approval of same. We installed the test holes in October of 1991 and the test wells were installed by the Department of Health also at that time. In November of 1991, we amended our maps to reflect the changes that this Board had requested and proceeded to drill three test wells on the property. Those maps were completed in December of 1991 and submitted here. Additionally, in December, in fact December 30th of 1991, we received a letter from the Town Engineer requesting additional data and requirements being placed on that map. In December, we also received notice from Mr. Corby's attorney, who would be the executor of the estate had embezzeled the estate for a substantial amount of money. This laid problems to us for processing at a later date which I would like to bring up. In February of 1992, we had a public hearing on the matter and there were no objections to the plans and we had at that point received a request from the Planning Board to plant a double row of evergreens along both the south and west sides of the road frontage of the property. In March of 1992, the test well results showed that some of the wells had nitrates. The Department of Health at that time asked us to redrill the wells which we did. In February of 1993, we requested an additional extension and sent a letter to the Board asking for this and we were advised that this would be granted. As the subdivision was not completed before the end of 1991, and although we had started prior to the date of new regulations under the Department of Health, the Department of Health chose to make us meet the new requirements. We proceeded and went to the hearing by the Board of Review and in waiting for that, we found that the County Department of Health, we received a letter from them stating that their field man had incorrectly written up the reports for the test and th~refore, it would not be for the following month before it would be able to get on to the Board of Review. Again, we came back to this Board for an extension with regard to the Department of Health. Ftnally in July, we had a hearing and in September of 1993, they decided they would deny the hearing on behalf of the applicant. The Department of the Board of Review then asked that we drill test wells on all lots as an alternative measure and to submit them covenants and restrictions on any lots not passing the new standards the approved and reviewed by the County Attorney. In December of 1993, we received that approval from the County. Southold Town PlaC:>ng Board 8 ~l 10, 1995 In January of 1994, we sent copies of the C&R's from the County to the Planning Board and had final maps drawn reflecting all those changes. Unfortunately, at this point the Tide Group had to obtain new consent forms from the mortgage holder along with the changes of the attorney's and the executrix ended up dating the title report as well as the court authorization for the executrix to proceed. This took us into September of 1994. In November from this Board we received a letter requesting the filing fees be paid and another preliminary hearing be held pending no significant changes that the file hearing may be waived by this court. On January of this year finally, we sent the covenants and restrictions with regard to the homeowners association here to this Board and the Town Attorney's office and as a result to those completed items we can have a hearing. I certainly believe with all the maps and approvals, covenants and restriction before you have met all the Town and County regulations especially the Towns under 106 and we request the approval of this Planning Board. If you have any questions, I would be more than happy to answer them. Mr. Ward: Does the Board have any questions? Mr. Orlowski: No questions. Mr. Ward: If not, all is in order to close the hearing. Is there anyone else who would like to address the Board on this issue, on this particular project. If not, all in order to close the hearing. Mr. Orlowski: So moved. Mr. Ward: Moved and seconded. Motion carried. What is the pleasure of the Board? Mr. Latham: Mr. Chairman, I would like to offer this resolution.' WHEREAS, on February 24, 1992, the Southold Planning Board granted conditional preliminary approval to the maps dated January 10, 1992 for the North Fork Industrial Park; and WHEREAS, although extensions of preliminary approval were granted by the Planning Board, a complete final submission was not received during the time frame set by the extensions and the preliminary subdivision approval expired; and WHEREAS, on November 22, 1993, the Planning Board notified Southold Town Pla~ng Board 'y 9 Ai~l 10, 1995 the applicant of the information required to proceed with the subdivision in order to schedule another preliminary hearing; and WHEREAS, the above mentioned information has been submitted by the applicant; be it therefore, RESOLVED, that the Southold Town Planning Board grant preliminary approval on the maps dated February 7, 1995 with the following conditions of approval: 1. The landscaping design for the one-hundred (100) foot buffer area is to be shown on the final plan or on a separate landscape plan. The landscaping in the buffer area shall include, in addition to other plantings, a double row of evergreen trees, and shall provide a total visual barrier both along C.R. 48 and Depot Lane. 2. One entry sign shall be allowed for the industrial park. Such area shall be designated on the final subdivision map. 3. Street trees will be required along all proposed roads. These may be indicated on either the final plan or on the landscape plan. Failure to submit the final submission within six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested, and granted by the Planning Board. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Ward: Dpposed? Motion carried. ********** Mr. Ward: Under Final Determinations, we have done Gregory Simonelli and Edward and Virginia Thorp. SITE PLANS Final Determinations: Mr. Ward: Under Site Plans and Final Determinations we have """ ....... '.... ,,"" Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 1995 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Major Subdivision North Fork Industrial Park (a.k.a. Tide Group) Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The following took place at the April 10, 1995 Planning Board public meeting: The preliminary public hearing for the Major Subdivision of North Fork Industrial Park which was held at 7:~5 P.M. was closed. The following resolution was adopted: WHEREAS, on February 2~. 1992. the Southold Planning Board granted conditional preliminary approval to the maps dated January 10, 1992 for the North Fork Industrial Park; and WHEREAS, although extensions of preliminary approval were granted by the Planning Board, a complete final submission was not received during the time frame set by the extensions and the preliminary subdivision approval expired; and WHEREAS, on November 22, 199~, the Planning Board notified the applicant of the information required to proceed with the subdivision in order to schedule another preliminary hearing, and WHEREAS, the above mentioned information has been submitted by the applicant; be it therefore RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated February 7, 1995 with the following conditions of approval: .'......, ,/ , ~ 1. The landscaping design for the one-hundred (100) foot buffer area is to be shown on the final plan or on a separate landscape plan. The landscaping in the buffer area shall include, in addition to other plantings, a double row of evergreen trees, and shall provide a total visual barrier both along C. R. 48 and Depot Lane. 2. One entry sign shall be allowed for the industrial park. Such area shall be designated on the final subdivision map. 3. Street trees will be required along all proposed roads. These may be indicated on either the final plan or on the landscape plan. Failure to submit the final submission within six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval. unless a request for an extension of time is requested, and granted by the Planning Board. The final submission must contain maps revised in accordance with the conditions of preliminary approval. Many of the items required for final submission were submitted since the time of the original February 24, 1992 conditional preliminary approval. These are currently being reviewed by the Planning Board and the Engineering Inspector. You will be notified within two (2) weeks if any additional information is required. The final hearing will not be scheduled until the revised maps are received and the information required as part of the final submission (as outlined in the Planning Board's letter of February 25, 1992) is accepted. Please contact this office if you have any questions regarding the above. /f{?' ;J jJ fiL (Ra.~ Ward 41!j Chairman > I ----- ~.... c-u---.... Industrial Park #2 Proposed for Cutchogue TARGETED-Cutchogue's second industrial park is proposed for this .R.LAB-lot.-~tW6&n nepal- kaMand IReland!ilL - ! , I l SOUTHOLD-Town planners are expected to give The Tide Group preliminary approval on Feb. 24 to establish an industrial park on 24 acres of land near tbe intersection of Depot Lane and Route 48 in Cutchogue. Mallituck consultant Henry Raynor, acting as agent for The Tide Group, has applied to the Planning Board for permission to subdivide the 24-acre tract of Light Industrial/Office zoned property into eight three-acre lots. The project is known as North Fork Indus- trial Park. "Basically, what we're talking about here is eight Jim Grays," a planning department spokesperson said TuesJay about the proposal, referring to the in- dustrial mall built by Southold realtor Jim Gray to the east on the divided highway in Cutchogue. In closing a preliminary hearing on The Tide Group's application Monday night, planners overrode a negative determination of the Suffolk County Planning Commission that two cul-de- sacs proposed for routing traffic into and out of the industrial park are inad- eq nate. "They're used to reviewing things in SmithlOwn and places like that," a planning department employee said Tuesday of the SCPC decision. "The Planning Board doesn't think that the cul-de-sacs are a bad idea," Once preliminary approval is grant- ed, The Tide Group then will submit a site plan to the Planning Board and may begin applying to the county health department and other regulatory agencies for their approvals of all phases of the proposed project. Ruth.Jernick . / L.UiAL NOTICE Notlce of ""bUe BooM, NOTICE IS HEREBY GIVEN lbaI pursuant to Seclion 276 of the Town, Law. a public hearing will be held by lhe Soulhold Town Planning Board. at lhe Town Hal~ Main Road, Soulhnld, New York in said Town on the 10th day of Apri~ I99S on lhe qu<sdon of the following: 7:30 P.M. Final public hearing for the proposed minor subdivision for Gregory Simonelli, in Mauituck Town of Soulbold. Counly of Suffou.: State of New York. Suffolk County Tax Map Number 1000-107-1-4. The property is bordered on the north by Gr-and Ave.; on lhe aortheut by land now or formerly of Terence and Susan Swe<ney. and by land now or formerly of Mark King and wife; on lhe southeast by land now or formeriy of James Leo and Christine G. Murphy. and by land now or formerly of Gus, Elias and Otto Lambrianides; on the south by land now or fonnerly of Olha Mealy and Dorothy Ann:~ Mealy and by land now or formerly of Johannes Hansen; on the southwest by land now or fonnerly of Lioville G.' ~ Farrow & Thelma K. Farrow and by land now or fonnerly of Stephen M. Simons; and on the northwest by land now or forinerly of John A. Polyn. 7:35 P.M. Final public hearing for the PropOsed IDe line change for Ed- --'- war~ and Virginia Thorp, in Ease Manon, Town of Southold, Cooney of Suffolk, Seate of New York. Suffolk Coonly Tax Map Number 1000-37-6- 2.143.1. The propeny is bordered on ehe nonb by OIIk Coun; on the else by land now or fOnneriy or Frank Thorp; on lhe souch by Gardinen BIY: and on ehe wese by land now or fOrmerly of Donald H. FlIZier. 7;40 P oM. Preliminary pubtie bear- ing for !be proposed major .ubdivisloa' for Wildberry Fields. in SOUlhold.: Town of Soulbold. Coonly of Suffolk. Slale of New York. Suffolk COunly Tax Map Numher IOOO-SI-3-12.2 4 12.4. , The property i.-'bordered on Ihe north by Sound View Ave.: on the northeast by land now or fonnerly of George and Barbara Tahliampouris' on the east by land now or fonnerl; of HOward Kemps; on the southeast by land now or (ormerly of John G. Madsen &: Gloria R. Madsen; on the Kouth by CR 48, by land now or (or- merly of Telesphore F. &. Helen Wolanski, by land now or fonnerly of Joseph &: Helen M. Doroski, by land now or formerly of SalvatOre Caiola. on the Well by land now or (onnerly of Waller Sawicki; and on the northwest by land now or fonnerJy of Bellina Caiola, and by land now or fonneny of Sal Caiola. . 7:45 P.M. PreliminarY public hear- mg fOf the Proposed major subdivision for Tide Group. in Cutchogue, Town of Soulhold, County of Suffolk. Slate of New York. Suffolk Counly Tax Map Number 1000-96-1-1. The property is bordered on Ihe north b) land now or fonnerly o( John P. Krupski; on Ihe easf by land now or formerly of Frank McBride; on the south by CR 48, on the west by Depor Lane, and on Ihe northwest by land now or fonnerly of Mildred Goodwin flared: March 28. I99S . BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Ward Chainnan . 8290-ITMJO -- ~ . .--'~ STATE OF NEW YORK) ) ss: COUNlY OF SUFFOLK ) I of Mattltuck, In said County, being duly swom, says that he/she 18 Principal Clerk of THE SUFFOLK TIMES, a 'Yeekly Newspaper, publl8hed at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, h88 been regularly published In said Newspaper once each week f~r --L- weeks succe88lvely, comme~s!.nll on the ~ day of J,^CUCh 19~ l1Y WUJ)CN Wq~ CHRIS11NA VOUNSKI NolIuy Public. Stllte of N.w Yark Principal Oerk No. 6004884 as Quelifled in Suffolk CoulIty 1 Commlsaton NcmImblIr 23. Notary Public me thl8 ~ ;gJ '. &... ---r-i ......... ~ .... ---- -- . . Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Marl< S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yorl< 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS March 28, 1995 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Proposed major subdivision for Tide Group SCTM# 1000-96-1-1 Dear Mr. Raynor The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 27, 1995: BE IT RESOLVED that the Southold Town Planning Board set Monday, April 10, 1995 at 7:45 p.m. for a preliminary public hearing on the maps dated February 7, 1995. On February 24, 1992, the Planning Board granted conditional preliminary approval to this proposed subdivision. However, the final submission was not submitted within the required time period and the preliminary approval expired. The application fee required to re-activate the subdivision has been submitted. Thus as noted in the resolution above, the Planning Board has scheduled another preliminary hearing. Please contact this office if you have any questions regarding the above. Sincerely, 1?,~)j JlcwI Richard G. Ward, Chairman 1/115 .... --~- . . So'oi. ,^C i __/ SUBMISSION WITHOUT COVER LETTER DATE: 2/1'f/'tS- C yM'kA"-- I( a Yr) ihS t I Tide- 6J (lUf ' :# 2.000 avpp- fe~ ...:.:i..",~,;;,;_" ,..::.,~.l';.;o,...~"" _.. ..~ SENDER: SUBJECT: seT:.1# : CQi.l!'IENTS: '. (;^ d.rawfIl.) .. .... ~ ~ @ ~ U ~,~ ~~rr,\\ n I,.. i;]" fEB , 4 \995 I \ , _....~'"-. ~f~J,::\,.. , ,,__.__J J.4' '",~_",,,,,~....,.... . ~. ..~,.... ......,-; . . SJa" \ rf\5 HENRY E. RAYNOR PO BOX 1459 320 LOVE LANE MI-lT r 11 UCK, N. Y. 119::J2 S1b -<:'98-84<:'1,) ::J1b -298 21<:'7 (F I-lX) r I:.i:l. '>, l,>,>:;j 10: SOUTHOLD TOWN PU'lNNING tlUAI-W ATTN: MELISSA SPIRO RE:I1OE GROUP 11lJ1lJ1,)-9b-1,)1-llJl ENCLOSED HEREWITH ARE b REVISED ~RINIS rUR IHE REHEARING REQUESTED BY THE PLANNING BOARD. PLEASE LET ME KNOW IF I-lNYTHING FURl HER IS REQUIRE-D; Ir NU I, ~LEASE SEI rUR HE.ARING. THANK YOU. < /L~ ! j ( flt7 Y"--.. 1"0) I U; 0-'__~_.N WI FEB 9 , IL> SOUlHOLO TOWN PlANNING BOARD . . S0\::>Q'. !-~; . " HENRY E. RAYNOR PO BOX 1459 320 LOVE LANE MATTI TUCK, N.Y. 11952 51&-298-8420 51&-298 2127 (FAX) TO: MELISSA SPIRO SOUTHOLD TOWN PLANNING BOARD RE: TIDE GROUP C AND RS ENCLOSED HEREWITH IS A COPY OF THE PROPOSED COVENANTS AND RESTRICTIONS FOR THE TIDE GROUP. PLEASE HAVE THESE REVIEWED FOR ACCEPTANCE BY SOUTHOLD TOWN. THANK YOU. c-: 1/1 ~L~I rn rn@rnuwrn 00 .M I 3 1995 SOUTHOLD TOWN PLANNING BOARD , . . . DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS DECLARANT: DATE OF DECLARATION: RECORD AND RETURN TO: The Tide Group Henry Raynor, Jr. 320 Love Lane Mattituck, NY 11952 !OO m&rnUwrn m JW , 3 1995 SOUTHOLD TOWN PLANNING BOARO -...--~-----~,- , - ~..,. <.,..". --7.:.~.----::--- -.----:::---,_ . :~ .;r I. . . DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS Declaration made as of this The Tide Group, a New York Lane, Mattituck, New York "Developer" or "Declarant". day of , 1994, by corporation with offices at 320 Love 11952, hereinafter referred to as WIT N E SSE T H : WHEREAS, Developer is the owner of the real property described in Article II of this Declaration and shown on the filed map of the Property which Declarant desires to subdivide industrial property where common facilities will exist for the benefit of those who purchase said parcels of this subdivision; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the val ues and amenities in said Community to create an agency to which should be delegated and assigned the powers of maintaining and administering the Community property and improvements and administering and enforcing the covenants and restrictions and colI ecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated the Tide Group Property Owners Association, Inc. under the Not-For-Profit Corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW THEREFORE, the Developer, for i tsel f , its successors and assigns, declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I, DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to the Tide Group Property Owners Association, Inc., a Not-For-Profit corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to the By-Laws governing the operation of the Association, the form of which is set forth in Exhibit B hereto. _ _.__-----Iro...____..L..__._--"-_._._...~_..__.~_..__ ,-~~-,;-'-"- ", "'."'-'-,'J cc, "j,~.\',"!I'!.~_ j . . . (d) "Common Expenses" shall mean and refer to those (including reserves) which are incurred or assessed Association in fulfilling its lawful responsibilities sometimes referred to as "Assessment"). expenses by the (herein (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on the Filed Map of the Property in the Suffolk County Clerk's Office and including, without limitation, the internal roadways, open space and drainage areas. (f) "Declaration" shall mean and refer to this Declaration of Covenants, Restrictions, Easements, Charges and Liens, as the same may from time to time, be amended. (g) "Developer" or "Declarant" shall mean and refer to the Tide Group, a New York corporation and its successors and assigns, if such successors and assigns should acquire an undeveloped or developed but unsold portion of the Properties from the Developer including, without limitation, any mortgage which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Community" subdivision, a commercial development consist of eight (8) lots. shall mean the Tide Group of the Properties which shall (i) "Filed Map" shall mean and refer to the map for the Tide Group as filed in the Suffolk County Clerk's office. ( j) "Uni t" shall mean and refer to all units of commercial buildings situated upon the Lots on the Properties. (k) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial uses shown on the Filed Map of the Properties filed in the Suffolk County Clerk's office but shall not include the Common Areas. (1) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest. is set forth in Article III. Each Member shall be entitled to one (1) vote. (m) "The Properties" shall mean and refer to all such Properties described in Article II. (n) "Property Owner" or "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any Unsold Lot. Every Property Owner shall be treated for all purposes as a 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, such collective ownership shall constitute one (1) Member. "'.-" .~,.-- '~:~._----,.-- " . . (0) "Unsold Lot" shall mean and ~efe~ to any Lots owned by the Develope~ and any successo~s o~ assigns until such time as the same have been sold to a thi~d pa~ty. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION Section 1. P~ope~ties. The ~eal p~ope~ty which is and shall be held, t~ansfe~~ed, sold, conveyed and occupied subject to this Decla~ation is all that ce~tain plot, piece o~ pa~cel of land situate, lying and being in the Town of southold, County of Suffolk and State of New Yo~k, being mo~e pa~ticula~ly bounded and desc~ibed in Schedule "A" annexed he~eto. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membe~ship. The Association shall have one class of membe~ship inte~est. The Owne~ of a Lot wi th o~ wi thout an imp~oved Unit on the P~ope~ties subject to this Decla~ation shall be a Membe~. Section 2. Voting Rights. Each Membe~ is entitled to one vote ~espective to the numbe~ of Lots owned by a Membe~. When mo~e than one pe~son o~ entity holds such inte~est in the membe~ship, the one vote att~ibutable to such membe~ship shall be exe~cised as such pe~sons mutually dete~mine but not mo~e than one vote may be cast with ~espect to any such Membe~. Fo~ pu~poses of this section the wo~d "Unit" shall have the same meaning as "Lot" and the~efo~e if the~e is not Unit const~ucted on a pa~ticula~ Lot in the Development, the Owne~ of such Lot wi 11 still be conside~ed a Membe~ entitled to cast the one vote as set fo~th above. No Membe~ shall spli t o~ divide its votes on any motion, ~esol ution o~ ballot. Section 3. T~ansfe~ of Membe~ship. Membe~ship in the Association shall be appu~tenant to, and many not be t~ansfe~~ed, except in conjunction with the lawful sale of conveyance of a Lot with o~ without an imp~oved Unit the~eon. No Owne~ shall be pe~mitted to sell o~ convey his o~ he~ Lot unless and until he o~ she shall have paid in full to the Boa~d all unpaid Common Expenses and othe~ amounts ~equi~ed by the Boa~d to be paid and assessed by the Boa~d against such Lot. Upon such sale o~ conveyance, the selle~ of such Lot shall ~elinquish his o~ he~ membe~ship in the Association and the pu~chase~ of such Lot shall automaticall y become a Membe~, subject to this Decla~ation, the By-Laws and the Rules and Regulations. .. .-. .~""";':.-.T"""'-',,-:-'" .~.. ...~,...,...~"..;.~ ..~...e ---- - ~ . . ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES. Section 1. Title to Common Properties. The Developer may convey to the Association legal title to the Common Area subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Properties and the Association, its successors and assigns: In order to preserve and enhance the property values and amenities of the Development, the Common Areas and all facilities now or hereafter built or installed thereon, shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards. The maintenance and repair of the Common Areas shall include, but not be limited to, maintenance, repai r of damage and repl acement to the internal roadways, snow removal of the internal roadways, maintenance, repair and replacement if necessary of the street signs, drainage areas, street trees and common lights and maintenance of all other utilities located on or in the Common Properties, if not maintained by the applicable utility company. This Section shall not be amended, as provided for in Article XII, Section 2, to reduce or eliminate the obligation for maintenance and repair of the Common Areas. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to promulgate rules and regulations for the use of the Commons Areas; and (b) The right of the Association, as provided in its By-Laws to suspend the rights of any Member for a period during which any assessment remains unpaid and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; and (c) The right of the Developer to offer for dedication the roads and/or drainage facilities to the Town of Southold or any other public agency or authority or private entity at any time prior to deeding the roads and/or drainage facilities to the Association and upon deeding the road and drainage facilities to the Association the obligation of the Association to offer for dedication the roads and/or drainage facilities to the Town of Southold or any other public agency or authority upon the written request of the Developer. " ---~~:"""---~'~';.r;; . . (d) The right of the Association, after the Developer no longer owns any Unsold Lots, to dedicate or transfer all or any part of the Commons Areas, to any public agency, authority, utility or private entity for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members and thei r mortgagees enti tIed to cast eighty (80%) percent of the eligible votes has been recorded agreeing to such dedication, transfer, purpose or condi tion and unl ess wri t ten notice of the action is sent to every Member at least ninety (90) days in advance of any action taken; and (e) The right of the Developer and of the Association to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewers, drainage, cable television, gas and other utilities, and the right of the Developer to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties for the completion of the Developer's work under Section 1 of Article V; and (f) The terms of the By-Laws and any rul es and regulations promulgated by the Board of Directors regarding The Properties and Commons Areas; and (g) The right of the Developer to use the Common Areas or to permit the Common Areas to be used by Developer's designee or any prospective purchaser of a Lot or any tenants of Unsold Lots with an improved Unit thereon, without charge, in accordance with and subject to this Declaration, the By-Laws and any rules and regulations promulgated by the Board. In addition, Developer shall have the right, at any time when there shall be any Unsold Lots, to use the Common Areas, wi thout charge, for exhibi ti ons or other promotional functions with respect to Developer's sales programs, in accordance with and subject to this Declaration, the By-Laws and the rules and regulations. The provisions of Article IV, Section 3, may not be amended without the written consent of the Developer or its successors and assigns. ARTICLE V. DEVELOPMENT OF THE TIDE GROUP SUBDIVISION Section 1. improve up the Common consisting The Tide Group Subdivision. Developer intends to to eight (8) Lots, roadways, and other improvements to Areas on the parcel of land as described in Exhibit "A" of a total of approximately 29 acres. .-" "P-",' - -- ,"'--'~"-"" . . Section 2~ Easement. Developer does hereby establish and create for the benefit of the Association and for all Property Owners from time to time of Lots subject to this Declaration and its permitted occupants of Uni ts improved on said Lots and thei r hei rs and assigns and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and pri vi leges: (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under, upon and across the streets and roads in The Properties (as shown on the Filed Map(s) and any changes as they may be built or relocated in the future) for all purposes; (ii) Rights to connect wi th, maintain and make use of uti I it. y lines, wires, pipes, conduits, cable television lines, sewers, and drainage lines whi ch may from time to time be in or alonq the streets and roads or other areas of The Properties. Secti_on 3. Reservation of Easements. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across The Properties, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and reserve easements and rights-of-way in, through, under, over, upon and across the Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with maintain and make use of the utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may from time be in or along the streets and roads or other areas of The Properties. In addition, the Developer and any Sellinq Agent ret.ained by Developer reserves the right to continue to use The Properties and any sales offices, maintenance buildings, Unsold Lot.s with or without improved Unit thereon, signs, and parkinq spaces located on The Properties in its effort to market Lots on The Properties for so long as there are any Unsold Lots remaining in the Development. Developer further reserves the right to maintain upon the Properties such facil i ties as may be regui red, convenient or incidental for the completion of its work under Section 1 above including, without limitation, a business office, storage area. construction trailers, construction equipment and supplies, for so long as there are any Unsold Lots remaining in the Development. This Paragraph may not be amended without the written consent of the Developer. '""'\.'" ,-- ~'.~~:.-.... ........- , " " -"l\" ~"'--"""'---7""'7-" ~..__._-,._"'":---'._....~- ".. . ..:0- . .. . . Section_4~ Encroachments on Lots or Common Area. In the event that any portion of any roadway, walkway. parking area, driveway. patio, deck, water lines, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler system. fences. light standards, building or any other structure as originall y constructed by Developer encroaches on any Unit or Lot or the Common Areas, it shall be deemed that the Property Owner of such Lot and any Unit improved upon such Lot or the Association has granted a perpetual easement to the Property Owner of the adioining Lot or the Association. as the case may be, for continuing maintenance and use of such encroaching roadway. walkway, driveway, patio, deck, parking area. water line, sewer lines. drainage lines. electric and gas meters, utility lines, sprinkler system. building or structure. The foregoing shall also apply to any replacements of any such roadway, walkway, driveway, patio, deck, parking area, water line, sewer lines, drainage lines, electric and gas meters. utility lines, sprinkler system. building or structure if same are constructed in substantial conformance to the original. The encroachment for sewer lines, water lines and utilitY lines shall also apply to sewer and utility lines which may run under any Unit improved upon a Lot. The foregoing conditions shall be perpetual in duration and shall not be subiect to amendment of these covenants and restrictions. Sectio~~~ Easement for Emergency Access. Developer does herebv establish an easement of ingress and egress over the roadways, any parking areas and all other Common Areas in the Development for the benefit of all emergency vehicles and personnel including but not limited to police, fire and medical purposes. aection 6. Easement for Repair. The Board. Managing Agent. if any, manager or employee of the Association and any other person authori zed by any of the foregoing, shall have, and the Common Areas shall be subject_ to, an easement in, to and through the Common Areas or any portion thereof in favor of the foregoing persons, (a) to operate, maintain, repair, alter, rebuild. restore and replace any of the Common Areas, including without limitation. the maintenance of any sign identifying the Association located at the entrance thereto and any advertising and/or directional signs and (b) to perform any of their respective duties in accordance with the By-Laws. Section 7. Easement for Completion. Each Member herebv grants a right of access to his Lot to Developer or its designee, and any contractors, subcontractors, agents, and employees of the foregoing for the purposes of the repair and completion of anv installation. maintenance, repair, restoration, replacement. or change including. wi thout limit-ation, the correction of any const_ruction defects being performed or to be performed by or on behalf of Developer with respect to the Common Areas. '-,/"-:'-1::--"'-.";)"R:,-:'--'--"";!~~,,_,-";----::-'l''V''..._ ----- -----.".~~--'1':.-,' "","', .:..- . . Section 8. Right of Access in Favor of the Association. Each Property Owner shall afford to the Association. any Managing Agent and/or any other person authorized by any of the foregoing a right of access to his or her Lot on reasonabl e not.ice at reasonabl e hours, on any day except Sundays and holidays (except that in an emergency situation such notice need not be given) for the purposes of: (a) making inspections of. or removing violations noted or issued by any governmental authority against any other Lot: (b) curing defaults hereunder, or violations of any rules and regulations promulgated by the Board of Directors and committed bv such Property Owner; and (cl correcting any conditions originating in or on his or her Lot and threatening another Lot or all of any portion of the Property. l:te~C'JiQD- .9_.' Easements of Record. The rights of Propert v Owners in the Association are subiect to all Declarations. Covenants. restrictions, reservations, exceptions. easements. and agreements of record. ~~C'tLQI}~JQ, Future Easements. Developer shall retain the right. so long as there are any Unsold Lots on the Properties. to place any easements in. to or under the Properties which Developer shall deem necessary for the benefit of the Association and its Members. ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENTS Secti.QD-_L, Creation of the Lien and Personal Obligation. The Developer, for each Unsold Lot then subiect to the Declaration of Covenants, Restrictions, Easements. Charges and Liens owned by it within the Properties. hereby covenants and each Property Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance. shall be deemed to covenant and agree, to pay to the Association such Common Expenses as are fixed by the Association's Board of Directors and assessed to the Property Owners as hereinafter provided. All sums assessed by the Association but unpaid. together with such interest thereon and the cost of collection thereof as is hereinafter provided. shall be a charge on the land and shall be a continuing lien upon the property owned by such Property Owner against which each such Common Expenses is made. Each such assessment. together with interest thereon and cost of collection thereof. as hereinafter provided shall be a personal obligation of the person who was the Property Owner of such property at the time when the Common Expenses fell due. Secti.oIl 2.. Purpose of the Assessment. The Common Expenses 1 evied by the Association shall be used exclusively for the purpose of promoting the healt.h, safety and welfare of the Owners of t.he Properties as a Development and in particular for the improvement and maintenance of properties, services and facilit.ies devoted t.o this purpose and related to t.he use and en;ovment of the Common Areas and of the Lots si tuat.ed upon the Properties. i nel uding. without limiting the foregoing. the payment of taxes (if any) on --.:'"~~--..,...,--~~-~-~.....,--- ~""'" ""~ ""c.-" '-'.i'f,-r'~ '~~------:-r ~~~~-~'T7'~~-::::"';c,,-:~_ . . the Common Area, insurance thereon, and repai r, repl acement and additions t.hereto, and t.he cost of labor. equipment. materials. services, management and supervision thereof. flection,3" Common Expenses. The Associat.ion's Board of Direct.ors shall, from t.ime t.o time, but. at. least. annually. fix and det.ermine the budget. represent.ing t.he sum or sums necessary and adequat.e for the continued operation of t.he Association and shall send a copy of the budget and any supplement t.o t.he budget. t.o each Property Owner prior to assessing the Property Owner's thereon. The Board shall determine the t.ot.al amount. required. includinq t.he operat.ional items such as insurance, repairs. reserves. maintenance and other operating expenses, as well as charqes to cover any deficit.s from prior years and capital improvement.s approved by the Board. The total annual reguirement.s and any supplement.al requirement.s shall be allocated between. assessed to. and paid by the Property Owners as follows: Each Property Owner shall pay a portion of said requirement.s, the numerator of which shall be one (1) and the denominat.or of which shall be equal to the number of Lots on the Properties subject. t.o this Declaration, The Developer's obliqat.ion for such Common Expense on Unsold Lots subject. t.o this Declaration will be limited to the difference between t.he actual operat.inq cost.s of t.he Associat.ion, including reserves on t.he Common Areas, and on Lot.s t.o which tit.le has been conveyed and the Common Expense levied on Propert y Owners who have cl osed ti tie on thei r Lots based on a full-occupancy budget.. In no event, however, will the Developer be required to make a deficiency cont.ribution in an amount. qreater t.han it. would otherwise be liabl e for if it. were payinq full assessments on unsold Lots for the Unsold I,ot.s then subiect t.o the Declaration of Covenants and Restrictions. The amount of any deficiency shall not. incl ude uncoIl ect.ed Common Expenses from Propert.y Owners. The sum due t.he Associat.ion from each individual Property Owner shall constitute a Common Expense of the Board of Direct.ors and unpaid Common Expenses shall constitute liens on the individual Lots and t.he personal obligation of t.he Property Owner. subject. t.o foreclosure as hereinafter provided. p'e"i:L()n.~4,! Due Dat.es; Dut.ies of the Board of Djrectors, All Common Expenses shall be payable mont.hly in advance or as otherwise ordered by the Board of Directors. The Board of Directors of the Association shall fix the dat.e of commencement and t.he amount. of the Common Expenses against each Lot. and shall prepare a rost.er of the Lots and Common Expenses applicable thereto which shall be kept. in the office of the Association and shall be open t.o inspect.ion by any Property Owner. Upon the writ.t.en request of a Propert.y Owner or their Mort.gagee, the Board shall prompt.ly furnish such Property Owner or t.heir Mort.gagee wit.h a writt.en stat.ement. of t.he unpaid charges due from such Property Owner. -~ .~ ."'O""~:"\' . . ,sec.)oi_on 5..: Effect. of Non-Payment. of Assessment The Person,,1 Obligat.ion of t.he Propert.y Owner; The Lien. Remecties of the Association. If a Common Expense is not. paid on the dat.e when due, as fixed by the Board of Direct.ors, t.hen such Common Expensf' shall become delinquent and shall. together with such interest thereon and cost of collection t.hereof as hereinaft.er provided. t.hereupon become a continuing lien on the Propert.y Owner's Lot which shall bind such property in the hands of the Property Owner. his heirs. devisees, personal representatives and assigns. Such lien shall be prior to all ot.her liens except: (a) tax or assessment. lif'ns on the Lot and/or Unit improved on the Lot. by the t.axing subdivision of any government.al aut.hority. includinq but not limited t.o St.ate, County, Village and School Dist.rict t.axinq aqencies: and (b) all sums unpaid on any fi rst mort.qage of record encumberinq t,he JJot or any Unit improved on the Lot. The personal obliqation of the Property Owner who was t.he Owner of the Lot whf'n the ('ommon Expense fell due t.o pay such Common Expense. however. sha II rf'ma,in his personal obligat.ion for the st.at.ut.ory period and shall not pass to his successors in title unless expressly assumed by t.hem. In the event any Propert.y Owner fails to make payment of a ('ammon Expense. the Property Owner who owns such Lot shall be obliqated to pay (a) a "late charge" of $.04 for each $1.00 of such amounts which remain unpaid for more than ten (10) days from their due date ('11 though nothing herein shall be deemed to ext.end the ped ad within which such amounts are to be paid) and (b) interest at the rate of 2% per month (but in no event in excess of the maximum rate permitted by law) on such unpaid amounts (less any "late charqes" theretofore collected on such amounts) computed from the due date thereof. and (c) all expenses. including, without limitation. attorneys' fees paid or incurred by the Board or by any Manaqing Agent in any proceeding brought to collect such unpaid Common Expense or in an acti on to foreclose the 1 ien on such Property Owner's Lot arising from said unpaid Common Expense in the manner permitted by applicable law. All such "late charqes". interest and expenses shall be added to and shall constitute Common Expenses payabl e by such Property Owner. The Board (on beha 1 f of the Owners) shall have the right to brinq an action to foreclose a lien on a Property Owner's Lot or Unit improved thereon in the event that such Owner is in default in the payment of Common Expenses. A suit to recover a money judgment for unpaid Common Expenses hall be maintainable, at the option of the Board, without foreclosing or wai ving the 1 ien securinq such charqes. In the event of a foreclosure sale of a Lot of Unit improved thereon by a Mortqaqee or by the Board of its lien on any Lot or Unit improved thereon. for unpaid Common Expenses. if the net proceeds of the foreclosure sale (after deduction of all leqal fees. advertisinq costs brokerage commissions and other costs and expenses incurred therewith) shall be insufficient for the payment of such unpaid charges, or if a Lot or Uni t improved thereon is acqui rF'd by a mortgagee or purchaser in foreclosure, the owner of such T,ot or improved Unit thereon prior to foreclosure sale shall remain lia,hl e for the payment of all unpaid Common Expenses which accrued prior to such sale. ',"",-..',,- -_,1"_ """-;"',"~ ,j; . . ARTICLE VII. CONSTRUCTION REOUIFE~!ENTS E(,;E r:Nr'1'S ON r,n'1'S Section 1. Approval of Constru.ction Plans. All p1 ans fOI~ the construction of any buildina andlor structure ~nd the sitinry and facing upon the plot must be presentAd to and approved in writiDo bv the Developer. its successors or assj,ans, nrior ~0 t~p ~tart nf any construction as lona as the Developer owns aDV Unsold lots Thereafter, all pl~,ns fOlP const.ruction of ~r...r hll1 ldir.,~f rind/I\l- str'lH:~ture and t.he sitinq and facinq upon thp. D10+ mnst be Dr,:;.~~nt,pcl t.o and approved ill writinq bv t.he Bf""rtl~('l of nirFo,....t0'i~S of thF- Association or aDY Architectural Committee "ppointed bv thA 1',r.s"cj of Direct.ors of t.heA.ssOl":jatinn. Ru(;h ;::it:,p~-n\1~1, r-.,rhi.-:b ,~h:::.,11 n'~lt. bp unreasonably withheld. shall be based aD the iudomept of the Developer. the Board of DirActors or ~rchitActurs1 Committee ss the case may be, as t.o whet.her the pr0PosFod <:;t.'nJr.tll1-~ ~d.l.l h~ consistent with. and will not detract frnm the sesthetic charac~er of the Tide Group subdivision. All extArior construction. paintino and aradina shall be complAtAd wItbin onA (1) VAa" sfTE'" commencement of construction, S~ct.ion 2. Buildinq Modific~.t.i.oT"!S, AIl DP1:-rnitted ;=ll'CPSSOTV buildinqs and additions or ot.ht?r modifirat.jop~ t.l-!!~i"-~t.n. ",.rir1 ;;jnv modification of the initial buildina. includina anv hrAesewsv or other structure connectina an ~ddition to tbe main bui ldino. sh~l 1 conform in archItecture. material and color to such dWAllina, Anv attached addition to thA initial buildinq shall not proiect more than five (5) feet beyond the front wsll 01' the stnlctl)re a.s oriainallv approved. ARTICLE VIII. MAINTENANCE The Association will be responsible for the majnt.en~nce. rPDR~l- aDd replacement of all portions of the .;ommon l'\"ea. Each owner will he solely resDoDsible and replacement of all portions nf improved thereon. for the t~e m?jntAn~pr~ r~o~i.~ O'Hner' 8 Lot -3_nd Unit ARTICLE IX. INSURANCE (a) The Board shall be required to obtain ~nd m~i"taip TO the extent obtainable and to thA extent determined bv the Bosrd to be appropriate. the followinq j,nsurance: (i) w0rkp}-'~ COffiOPDsation and New York state disability benefIts insur"nce for ~nv emnlnvees' (ii) fidelit.y inslJrance cOVeril1G 3.11 offic:ers. 'RC;A~.~;:-; jT';;.rr.her~. directors, employees of t.he Association, and. of t.he 1Tl<3.D=3_cdn<:t ?iaept or aaents who handle funds of the As~ocistion' (iji; di)'eCTn"~' ;>".j officers' errors and omissions inSl..lra.nce; nl\rl (iv) c:;urh nt.her insurance as the Board m~y deterl'1ine. The 'O"Ao-r.111m." fnr a1 I insurance referred to above and for the lIability insurancA rAferred to below shall be a Common ExpensE' snd shed) he hnnle eaually by the Property Owners. . . " ~. . ---,-,---'-----r:"""..,~._____,...__ -,------. -~- -----;...--.,- ----..-..------,- ~-----.....,.----'~ -----. ---,--- -'~." . . . . Ib) The Board shall also be required to obt~in ~nd maint~in to the extent obtai.nobl e. comprehensive qenera J 1 iabi 1 i tv j nsurance against claims for persona.l inillxV, de~.t}-J p,- C;~(lP~;-ty ~-:-lam'3n&:;t occurrinq upon, in or about the Common Ar-eas r:;nd ip such 1 ilTlit_~ ~.~ the Board may from time to time dptprmin~ CO'T~l-inn (i) tb~ Rn~;~d any managinq agent appointed bv the Board. e~ch Bo~rd member ~nd each Associati on member and anv 1 essee, nr n~r.UD~p_t_. Thp ~(i3 ,-" shall also be required to obtain and maintain. on behalf ot H,p Board. fidelity insurance coverinG the Board, the Man~ainq Agent if any. each Board member and each officer ot the Association ond each emplovee of the Associat.ion emploved i'lS s11ch. Ic) Members shall not be prohibited from carrvinG other insurance for their own benefit. ot their own expense and the Board shi'll! not be prohibited from carrying a.ddittono.1 i.nsln-ance. provided tPi'lt any SllCh l;lolicies sha.ll contain waivt7'rs: nf: ~l1b~-nn;;+-jnD ::=j11" Tlj1~ti-,~;- provided that the liabilitv of the carriers issllincr in"",,-ance obtained bv the Board shall not be affected or dimin'shed nv reason of any such additional insurance carried bv anv Memher. (d) In the event. t.h?lt t.he CCJmlTH"')fl An=~;;:i ,-,,- =1nV t:,;:;~-t i-hF-:-~,-.f i~. damaqed or destroved bv firA nl- other casil.~Itv tr,.,:. Rnal.d w"i 11 arranqe for the prompt rF!:pi3.ir ;:;nd ,-F'.3t.OT?t:1 (In +-b.=.r'='OT ;:!nl1 t_h~ Board, or the Insurance 'l'ru_stee, as the r.ase may b.:.. i sh~! 1 rl1 s1-:nn-.~F' the proceeds of all insurance Dolirips to thQ ~nD+r~rtn;-~ ~n0~0~~ in such repair and restoratinn in appronriatF' Drncrr~~~ Davm~nt~. If the insura_DcA proceeds arA tes.3 th~D 21Jffic:i ,:..r,r tn ,..,t)1'~1:-- nl- exceed, t.he cost of rppairs a_n~_ rF:'srorat_iOD, th~ d~fi_('jt ,-;t- surp! us, as the case may be, wi J 1 he b0~~T1e -?qn,;=j!, 1 v hv a J] ?:~"npl~t_ v Owners as a Common Expense or shared eoua_l1 v hv 3_11 P!~(H)el-t, v Owners. except that. t.hE- amount, of any surn'! U'3 n~ vab 1 A t n ;:;_.,-, v ~v{?rr,b~~- pursuant to this Section Id) shall be lessened hv the amount 0t ~nv unpaid Common Area Common Expense :=jq;::li nst Si'Ch Pl~nl:.pr+-v ()i;;,,~~-. ARTICLE X. USE OF PROPERTY The use of a Lot and any Uni,t improved thereon hv a Member nf nth~r occupant shall be subiect to the rules. requlations and provisions of thIs Decl"lration. the Bv-I,a.wl' and "nv n1)es and reG'l!ations of the Association as they mav be added to or promulgated hv the Board of Directors and the followinq roveD~nts ~pd rp~trj~tions- la) The Lot. any Unit improved thereon. and anv are" re5tri~tpd to the Member's lJse shall be ma_j.nta,ip.=.d ion iJ(i()d. :-C.pD;:::i,11" ;;n.-i ;-'\1'='~-Ml-1 appearance. I b) Anv Propert v Owner who mOl:t Ga'1e", (F ,"0"1 I" hi" improved thereon shall immedia_telv not.ifv th~ B<);:;:t-d providinq the name anrt adrlress nf hi~ mn'-tn~GP~ 0'- Owner. '!' _.l.. ';'""'. n~- n.jit --- -.-- I--:If Ti"i ;-,=.,-:t nr~ ,. ':;',.7 'P ,-cn-.,:.. ~- +- -_,- - .,..,.-"-.,-"~--"-""--- """"< . . (c) The Board of Directors shall, of the Lot or any Unit improved assessments due from the Owner thereon. at the request of the mortgagee thereon. report any delinquent of such Lot or uni t improved (d) No nuisances shall be allowed upon the Properties nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. (e) No improper, offensive or unlawful use shall be made Properties nor any part thereof, and all valid laws, ordinances, the regul ations of all governmental bodies jurisdiction thereof. shall be observed. of the zoning having (f) Regulations promulgated by the Board of Directors concerning the use of The Properties shall be observed by the Members. (g) The Common Expenses shall be paid when due. (h) No Property Owner shall move, remove, add or otherwise change the landscaping on the Common Area without the consent of the Board of Directors or any Architectural Committee. (i) No person shall be permitted to use the Common Area except in accordance with the rules and regulations established by the Association's Board of Directors. (j) The Common Area shall not be obstructed, littered, defaced or misused in any manner. (k) Every Member shall be liable for any and all damages to the Common Area and the property of the Association, which shall be caused by said Member. its permi t ted occupants of Uni ts on the Lots, their respective guests and other such person for whose conduct the Member is legally responsible. (I) Nothing shall be done or kept on the Association Property which will increase the rate of insurance of the Common Areas or contents thereof without the prior written consent of the Board. No member shall permit anything to be done or kept on the Properties which will result in the cancellation of insurance on the Common Areas or which would be in violation of any law. (m) No lot shall be divided and conveyed as two (2) or more separate parcels. (n) No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that. of dogs. cat.s or ot.her household pets may be kept provided that they are not kept, bred or maintained for commercial purpose. ------.,..--~~~,;~..--,-..,.- "7;;, . " . . (0) No trail er, tent, shack or other such structure shall be located, erected or used on any Lot permanently. (p) No noxious or offensive activities shall be carried on or upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the community. (q) Garbage or rubbish shall not be dumped or allowed to remain on any Lot. All garbage to be collected must be contained in a closed receptacle, placed inconspicuously outside the building for collection. (r) Fences, whether fabricated or growing shall not exceed Southold Town Code limitations. (s) No boat or boat trailers shall be placed on any Lot unless in a garage or authorized accessory building. (t) No fires or fire pits shall be permitted in the Commons Areas unless approved by the Board of Directors. (u) The use of regulations from Directors. the time roads shall be subject to time promulgated by to the reasonable Board of (v) Developer shall have the right to display signs for promotional, sales, exhibit and administrative purposes upon any portion of the Common Areas or upon any Unsold Lot until the last Unsold Lot within the Properties is sold and conveyed. Developer shall have the right, the foregoing notwithstanding, to pI ace permanent signs on Lots of its choice, at sites chosen by Developer. Developer shall also have the right to install fencing and walls on the Lots at perimeter sites chosen by Developer. No Property Owner (other than Developer) or tenant or other person on the premises shall remove, alter, change, interfere with or tamper with, in any way, said signs, walls or fences, which shall be maintained in good condition by the Association and its Board of Directors. The cost of such maintenance shall be treated as a Common Expense. . . (aa) The Board shall have the power to make such rules and regulations as may be necessary to carry out the intent of these use restrictions, and shall have the right to bring lawsuits to enforce the rules and regulations promulgated by it. upon receipt, by the President of the Board of Directors or by the Managing Agent, of a signed written complaint alleging violation of any of the By-Laws or Rules as herein established or hereafter established or adopted by the Boardo6f Directors, the President of the Board, or 1* his absence, the Vice President together with any two (2) members of the Board, without a formal meeting of the Board, shall make a determination as to the validity of the complaint. If in their determination the complaint is valid and justified the Board of Directors or any Managing Agent shall be directed to send written notice of such violation to the violator. If the violation is not corrected or eliminated within a period of three (3) days from the date of receipt of such notice; another notice will be sent levying a $50.00 fine upon the account of the violator and shall be treated as such regarding late penalties and a lien upon the Property as elsewh~re provided. If after imposition of a fine the violation is not corrected oe elimnated, the Board of Directors shall direct the Managing Agent or the Board, if no Managing Agent, to have slid loss or damage repaired or Feplaced and the actual cost of said repair or replacement shall be assessed to said violator as an additional assessment. Any costs incurred by the Board of Directors to remedy or cure any violations of these By-Laws, the Rules or Regulations as herein or hereafter esl~ablished, shall be an addil~ional:oGlmmon expense charged to the violator in addition to the fifty dollar ($50.00) fine($) levied upon the violataor. Fines may be levied against a Property Owner's tenant, and the Property Owner shall be jointly and severally liable with his tenant for payment of same. In the event the Association institutes legal action for the collection of any fines, then the Defendant shall be responsible for payment of reasonable attorney's fees of the Association plus interest and costs of suit. The foregoing provisions shall not apply to Developer unless required: (al to comply with applicable municpal laws or regulations, or (b) to remedy any notice of violation. In the event it becomes necessary for Developer to ,enforce any provisions of this Declaration, the By-Laws, Rules or Regulations, such Property Owner, tenant guest or occupant will be required to reimburse Developer or the Board for any costs incurred in connection herewith, including attorneys fees. The Property Owner shall at all times be and remain responsible for his Tenant's actions or omissions. ARTICLE XI. DEVELOPER'S RIGHT TO CHANGE SITE PLAN Section 1. Right to Change Site Plan. Developer reserves the right to make mino-i revisions of boundary lines and road lines from those shown on the site plan in order to preserve the natural topography of all or any portion of The Properties and to adjust the size of the Lots to . . accommodate the improvements on all or any portion of The properties now or hereafter constructed, subject to any required approvals by the Town of Southold or any other public agency. The rights reserved to Developer hereunder shall include, but not be limited to, the right (i) of a reversion of title to insubstantial portions of the Common Areas to be conveyed 1;0 the Association for l;he purpose of adding such portions to one or more of the Lots; (ii) to change in an insubstantial manner, the location of Lots not yet conveyed by Declarant and the Common Areas and 1;he location of the improvements thereon; and (iii) to change in an insubstantial manner, the location of a road or roads. Section 2~ Procedure to Change Site Plan. The Association hereby consen1;s (and the deeds conveying the Common Areas to the Association shall similarily provide) that the Site Plan may be amened to effectuate any of the provisions contained in Section 1 above, without any further covenants and that the Association will, if requested, execute, acknowledge and deliver, without charge, a deed or deeds reconveying to Developer or to an Owner any land theretofore conveyed to the Association, so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. The deeds conveying the Lots to Property Owners may also prived that the si1;e plan may be amended accordingly for the above purposes without any consent to such future amendment or amendments of the site plan, and that such Property Owners covenant that they will, nevertheless, if requested, execute, acknowledge and deliver, without charge, any written consent to such amendment or amendments of the site plan and further, if requested, execute, acknowledge and deliver without charge, a deed or deeds reconveying to Developer or the Association any land theretofore conveyed to the Property Owner so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. Regardless of the foregoing, the recording by or on behalf of Developer of an amended site plan to deliniate any or all of the changes provided for in Article XI shall be deemed a modification of any prior instruments whereby Developer conveyed title to any or all of the Common Areas to the Associa 1;ion. The provisions of this Article XI, Sections 1 and 2 may not be amended without the written consent of the Developer, its successors or assigns. ARTICLE XII. GENERAL PROVISIONS 13ec....!<...iorLl.:_ Beneficiaries of Easements, Rights and Privileges. The Easements, licenses, rights or privileges established, created, and granted by this Declaration shall be for the benefit of and restricted solely to, the Developer, the Association and the Owners of Lots and any improved Units thereon and Unsold Lots on the Properties, subject in the case of 1;he Common Areas to the rules and regulations of the Board of Directors, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. . . Section 2. Duration and Amendment. the covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any Member, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, until December 31, 20 ,unless otherwise expressly limited herein, after which time, said covenants and resl~rictions shall be automal~ically extended for successive periods of ten (10) years, unless an instrument signed by sixty six and two thirds (66-2/3) of the Members, then subject to the Declaration, has been recorded, agreeing to change said covenanl~s and restricl~ions in whole or in part. Notwi l~hsl~anding the foregoing, the easements, licenses, rights and privileges established and created with respect to the Properties by Section 2 of Article V shall be perpetual, run with the land, and shall survive any destruction reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous written consent of all the Members. Unless specifically prohibited or different requirements are provided herein, this Declaration may be amended by an instrumenl~ signed by Members holding not less than sixty-six and two-thirds (66 2/3) of then existing membership. Any amendments must be properly recorded to be effective. Nothwithstanding any provision contained herein to the contrary, no amendment, modification, addition or deletion of, to or from this Declaration, the By laws, or any rules and regulations shall be effective in any wa~ against Developer or its designee or any Unsold Lot, as long as the Developer owns an Unsold Lot on The Properties, unless Developer has given its prior written consent l~hereto . Developer hereby reserves the right to amend, modify, add to or delete from this Declaration at any time without the requirement of obtaining the approval, consent or signature of the Board or any Members for the purose of making any technical corrections or additions or any other changes that do not materially and adversely affect the Property Owners. Such amendment, modification, addition or deletion of, to or from this Declaration, duly executed, in form for recording, shall be recorded by Declarant against the Property and theretofore subject to this Declaration. Section 3. Disposition of Assets Upon Dissolution of Association. upon the ~issolution of the Association, its real and personal assets, including the Common Areas, shall be dedical~ed to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assel~s shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. No such disposition "'-.. . . of the Association properties shall be effective to divest or diminish any right or title to any Member vested in him under the licenses, covenants and easements of this Declaration, or under any subsequently recorded covenants, deeds or other documents applicable to the Properties except as may be otherwise provided in this Declaration or said covenants, deeds or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any rights thereunder on account of such disposition. Section 4. Notices. Any notice required to be sent to any Member or properl;y Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed by cerl;ified mail rel;urn receipt requested, postpaid, to the last known address of the person who appears as Member or Property Owner on the records of the Association at the time of such mailing. p~ctio..!l.....2:_ Administration. The administration of the Association shall be in accordance witl the erovisions of the Association By-Laws which are made a part of this Declaration and attached hereto as to the Declaration. Section 6. Severability. Invalidation of any of the covenants, limitation, or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. Section 7. Special Righta of Declarant. Notwithstanding anything to the contrary contained herein so long as there are any Unsold Lots, Developer and any designee of Developer shall have the right, without requiring the consent of either the Association or any other Member(s) and without charge or limitation, to: (a) have its employees, contractors, subcontractors and sales agents present on the Properties and on the Unsold Lots; (b) erect and maintain signs and other promotional materials (including, without limitation, "For Sale", and "For Rent" signs), in connection with the promotion, sale, leasing management, or operation of the Unsold Lots; (c) use anyone or more Unsold Lots for (i) model homes, (ii) officies for the promotion, sale rental, management and/or operation of the Unsold Lots, (iii) offices in connection with any installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed, or to be performed , by, or on behalf of, Developer wi th respect to the Common Areas and/or l;he Unsold Lots; and/or (iv) for any other purpose; and (d) do and cause to be done all of the things that are necessary, desirable or appropriate (including, without limitation, the use of the Common Areas and the Unsold Lots) for the purpose of: (i) the promotion, sale, rental, management and/or operation of the Unsold Lots; (ii) the performance of installation, construction, modification, alteration, renovation, maintenance, repair, restoration, " . . replacement, or change being performed, or to be performed, by, or on behalf of, Developer wi th respect; 1;0 the Common Areas and/or (i i i) the exercise performance and discharge of Developer's other rights and obligations under this Declaration, the By-Laws or the rules and regulations. In no event, however, shall Developer or such designee be entitled 1;0 sue any portion of the Common Areas in such a manner as will unreasonably interfere with the sue of the same or of any Lots for its permitted purposes. The provisions of this Article XII Section 7 may not be amended without the written consent of the Developer, or its successors or assigns. THE TIDE GROUP By: STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK) On this day of , 199 , before me personally came Henry Raynor, 1;0 me known , who being by me duly sworn, did depose and say that he resides at 275 Cardinal Drive, MattitUCk, New York; that he is the President of THE TIDE GROUP, the corporation described in, and which executed the foregoing instrument that he signed his name hereto by order of the Board of Directors. NOTARY PUBLIC OCT 26 '9~ 0\: ~.:: ..: er. , . "; \ \ . .: . ~,. " ,," '........T , " , , :?'r;,. I. - '~ S . TO. .~ ~. ,~. ~-"~.' . ''''ill TO 'ftO I OW, . , . . . AUnJ~ ':'I"U""'I .r ,_., 'S.,~i P.I It' ~ n'E ., , . . ", ~ J, -.~. Me NOr 1IICI'va.," IAaI ~ ........._..... .)"..... . ~~~ .*J ~. 400 ~.~~ r'/:Vpr'/' ~'~~~ o p ~~ . . I 'I I. . fCL', '-.J;k ~ )(::XYf:-; -H 3--.. r?.- IS IC.-I, / w~~~ . ,I r." , l. II ~~,. .i , -dwJ1 \ . j' '.I . '., , . . ; , . , , . . I I . I I I . '--. . , , fD)m@rnow.~~ UO OCT 261994 ~ " SOUTHOlD ro,iN PlAi<NING SC"PD --" . . , i,'-'--'-",_ Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards , , ....v :-- -_.....~ . :_;: ~ "~'J I Town Hall, 53095 Main Road P. O. Box 1179 South old, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 22, 1994 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Major Subdivision North Fork Industrial Park Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: '~he Planning Board granted conditional preliminary approval to the above mentioned proposed subdivision on February 24, 1994. Three extensions were subsequently granted, the last one expiring on February 24, 1994. If you wish to pursue the proposed subdivision, you must submit, in a reasonable amount of time, all of the outstanding information listed in the February 25, 1992, Planning Board correspondence, in addition to a new application fee. The application fee is to be calculated as follows: $500.00 plus $50.00 per acre or part thereof. Upon receipt of the above mentioned information, the Planning Board will schedule another preliminary hearing. Please contact me if you have any questions regarding the above. Sincerely, ~ ~ ' Melissa Spir Planner enc. ..-, .. .. , PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOlT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 Fax (516) 765-1823 February 25, 199(p J. Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision of North Fork Industrial Park Depot Lane, Cutchogue SCTM# 1000-96-1-1 . Dear Mr. Raynor: 'l. The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 24, 1992: BE IT RESOLVED that the Southold Town Planning Board grant Preliminary Approval to the maps dated January-lO, 1992 with the following conditions of approval: 1. The final maps shall be revised in accordance with the reports dated December 23, 1991 and January 30, 1992 from James A. Richter. The Board is requiring that Depot Lane be resurfaced with a 2" lift of asphalt. However, the lift is to start at C.R. 48 and is to extend North along Depot Lane until the intersection of Corporate Road, rather than the 2,200 lineal feet stated in the December 23rd report. ,- 2. The final maps shall indicated a temporary turnaround at the end of Corporate Road. This turnaround shall remain until such time that Corporate Road is extended into the adjacent property. 3. The landscaping design for the one-hundred (100) foot buffer area is to be shown on the final plan or on a separate landscape plan. The landscaping in the buffer area shall include, in addition to other plantings, a double row of evergreen trees, and shall provide a total visual barrier both along C.R. 48 and Depot Lane. All landscaping items will be included in the bond estimate for the subdivision. _,""><'iof!I.-....,,... .. .. North Fork Industrial Park February 25, 1992 Page 2 4. One entry sign will be allowed for the industrial park. Such area should be designated on the final subdivision maps. 5. Street trees will be required along all proposed roads. These may be indicated on either the final plan or on the landscape plan. 6. The location of the firewell must be indicated on the final map. If the present well is accepted by the Fire District, the location of such well in addition to any easement granted to the Fire District to obtain access to such well, must be shown on the map. 7. The following covenants and restrictions will be required for the subdivision: '.~ a) The access for all lots located at the end of a cul-de-sac (Lots 3,4,7 and 8 on the map dated January 10, 1992) shall be designed, at such time that the individual site is developed, in such a manner as to provide additional turning area for tractor trailer trucks. b) Parking shall be prohibited in all cul-de-sacs. c) All parking shall be provided on site for each lot. d) Access to all lots shall be via the proposed roads. No lot shall have direct access onto Depot Lane or C.R. 48. 8. A property owners association must be established for the road and drainage area. . . Failure to submit all or a portion of the final submission within six (6) months shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested, and granted by the Planning Board. The final submission must contain the fOllowing: 1. Final subdivision maps revised in accordance with the conditions of preliminary approval and containing a valid stamp of Health Department approval. (Six (6) paper copies will be required as part of the final submission. Two (2) mylars will be required prior to any endorsement of the sUbdivision.) ....-.".~"".....".._....,:'" .. .. North Fork Industrial Park February 25, 1992 Page 3 2. Final drainage plans and road profiles revised in accordance with the conditions of preliminary approval. (Six (6) paper copies.) 3. A landscape plan, if the landscaping is not shown on the final subdivision maps. (Six (6) paper copies.) 4. A draft of the Declaration of Covenants and Restrictions. The Planning Board may require additional covenants and restrictions upon review of the final maps. 5. A draft of the Property Owners Association to be established for the road and drainage areas until same are to be dedicated to the Town of Southold. The final hearing will not be scheduled until all of the above are submitted and are accepted by the Planning Board. '\\ Please contact this office if you have any questions regarding the above. Very truly yours, ~O~~A.I I . Bennett Orlowski, Jr. ""s Chairman cc: James Richter "~~1oilo'..r"'" ...... Jj . . PLANNING BOARD MEMBERS RIchard O. Ward. Chalnnan George Ritchte Latham. Jr. Bennett Orlowski. Jr. Mark S. McDonald Kcnneth L. Edwards SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOumOLD Fax (516) 765 - 1823 February 2, 1994 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision North Fork Industrial Park Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: I have reviewed the draft Declaration of Covenants and Restrictions for the above mentioned proposed subdivision. All covenants and restrictions requested by the Planning Board have been included in the draft. Please note that the Board may require additional covenants and restrictions upon submission of the final map and the landscape plan. Therefore, the draft will not be forwarded to the Town Attorney for review until the final maps have been submitted and reviewed by the Planning Board. Please contact me if you have any questions regarding the above. SinCerelY~ ~ ' Melissa Sp ro Planner . I' , f ; .- JI-ill Ub :l--l 11. ~;d " . . \ ... .1 I I ~ " I .'1;' i' I! FAX COVE" 8HUr II ,I I, 'II , 'I " ,I " J: i " , I " TO'~~~~O' S.:T\r.x.~~ FRClM. , I~~VO'// ~~S TO FDLUlW I - , , , \ " :jl I. ,i; AnDITICNAL COMMENTS. 'I " i IF AL.LPAGE8 ARE NOT REeI!VE!). PLEASE Cm.L St6-248-a4~o. I !i 0cJ>~~ V;b T~v-" ;! ~~' ~t-/(,/,< ~.J ^ \) I- I3<i r ler-vn 1f' ( , f- /' 1 II.J-:J. ! . i I, I! ,j " . I' .' JAM 6 fv-_- ~ . t.'_"^='fI1'""",..A- , . SilB Ft Le'" ~ MS RK I I ': t II., I ,. ~ ". . ' , . . U~C~~HATION aF ~UV~N14N1S AND RESHTICrrONS IHIS UI::.I.:L14I,A liON 1114UI::. BY nUE GRUU", IH1S UHY Ur I'~'14, LUU~ lEU f'H ,",,,,0 LUVE L::;NE, f1f"HTnuCI'" NI::.W YURK, HI::.:-<EINAFTER REFERRED TO AS THE DECLARANT, AS THE OWNER OF PREMISES DESCRlFIED IN SCHEDULE "A" ANNEXED HEflETO (HEREINAFTER t.C:..r-.t:.ld';~t:.U TO f4~ 'j"HE ~ld:::rHSES) D~SIRE:S TO t<Eb CRIer Tr-;i:;: USE.. ~ND I::.NJUYMENT OF SAID ~RI::.MI~I::.S HND HHb rOR SUCH ~OH~US~S U~lI::.HMINED TO IMPUSE UN ~AID PHEMISES COVENANTS AND REc,H<ICTlONS AND DOES HEREBY DECLARI" THAT SAlD PREMISES SHALL BE HELD AND SHALL BE CONVEYED SUBJECT TO THE FOLLOWING L.UVc.i'4HI'J is HNU hl::.~ i FOL-IIU.\IS. ~~o-tLtn::.H~, fHt:: LiL~LiH{f,d\t I HHS ;'h-tLlL H~l-'LICi4TION TO -rHf:. TOWN OF SUU i HOLD t' UR ,Cj f1A.JUR ,-,ltlDIVlSIUN UN IHI:. PKl::.i1lS1::.S; WHI::.REAS, IHE SOUTHOLD PLANNING BOARD, IN ITS APPROvAL PROCESS, HAS DETER~IlNED THE i=C,LLOWING CONDITIONS !",HOULD EXIST ONI Ht::: ~'I~I:::MISES: 1."I"Ht:: hLL.;c.SS. !--uk HLL L.U"I:::l LUL..H rc::u H I I HI::.. c:.i"JU Ur H CUL-Ul:.-';jHL (LU I", ";,4,1 HND 8 ON I HE MAP D~TED JANUHRY llll, 1'0'02) SHALL 81::: uESll..Nt:::D, AI "UCH 111'11::: IHA I I HE INLJIV1DUA~ '-'I Ii:. I", DI::.VI::.LOPEU, IN SUCH A MANNER AS TO PROVIDE ADDITIONAL TURNING AREA FOR mACTOR Tf1AILER TRUCI'.S. 2.~'ARi',ING !'::i TO Ell::. PRUH1BJ flOD IN ALL CUL-Dt:::-5HCS. J. hLL PARKING ~HALL tJl::. f-'kOVllku Ol~ 51 IE ,-Ok EACH LU I. ~. 'HCCESS fO ALL LurS SHALL BE VIH THI:. PROPOSED ROAD~. NU LuT bHHLL HIWi:. Uli<t:::C I HCU::S!:; ON IU DEPOT LANI:: OR C.H. 'ttJ. 5. A PROPERTY OWNERS ASSOCIATION MUST BE ESTABLISHED FOR THE ROAD AND DRAINAGE AREAS. ,HESE U.JVENAN 1 S A.,W tiESTRICT lONS SHALL RUN WIIH I He. LHNlJ f-\:~U ",11H~L I:l~ LJINUINlJ U",UI", 1111:: l.H:.L~AHHN I, 1 IS SUCCI::SSuRS f-\NU ASSIGNS AND UPON ALL PERSONS OR I::N ITflES CLAIMINlJ UNU" H I HEM, AND MAY BE TERMINATED, RI:.VOI{ED OR AMENDED ONYL WI fH IH:::: MAJORITY CONSENT OF THE SOUTHOLD TOWN PLANNING BOARD. LORPUi,A I E SI::.f-\L NUIHKY "EAL Hl:.NHY E. I(f-\YhIUR JUHN U1Vt:LLU JAMES KAMINSKY ::~:,~'1",~ . . SLlBF=\~ .- rttS DEe 13 '93 17: 19 P.l HENRY E. RAYNOR ;iSi:0 l..OVE LANE MATTiTUCK, N.Y. 11'152 516-2'18-8420 516-2~8-2127 FAX 12/13/'13 TO: SOuTHOLD TO\..lN Pi...ANNING BOARD RE:T1DE GROUP 1000-'1&-1--1 PU::AS2 aE ADVISED rdHT THE AoaVE CAPTIONED SuBDI\llSION HAS FINHLL'I 8E:EN APPROvED B'Y THE $uFFGl..,{ cry - DEPT OF ENV. HEAL rH SERVICES; SUElJEc'r TO SPECIFIC COVENANT AI-lD RESTRICTlGNS. ~~E ARE PRESENTl.. Y PREPARING iHE FINAl.. ''lAP FOR THE OEPT OF hEf::"-!:'i;; I~i~ .!W'>.ROVAL WE !.JOULD REQUEST A FINAl.. HEARING. ShwUi...D YOu HAvE ANY c:.uESTIONS Ol~ THE ABovE, PLEASE CAL.L /'IE. THANK You. \:l\ l~ll13 ~()k -It, 'tJ..e/f\hll(.c:..~wc>Q., -r;\6 \..-.\VV'\ -to fe.\e~ +D ~ -C..--e... \N.co. 1/ e.J, \(jlfovJ le10,,\(..e c..\. l'1'>'llR ~ 'v-.eo.f;'(S. " ~ DEG ,-4 . -'..r~n ~ , I ._; L...~i:i[j'i:;,:1.il j:i.~ PU:!J0Q.29Ai;O '.:::.:.,.. " .-+ . . DEe 13 '93 17:19 HENRY E. RAYNOR 320 LOVE LANE MATTITUCK, N.Y. 11'l52 516-2'18-8420 51&-2~8-2127 FAX 12/13/<;3 TO: saUTHOkD TOWN Pi..ANNING BOARD RE:TIDE GROUP 1000-%-1-\ ~U::ASf ae: ADVISED THAT THE AoaVE CAPTIONED SuBDIVISION HAS F"lNALL Y ElEEN APPROvED BY THE SuFFCLf{ CTY. DEPT OF ENV. HEALTH SERVICES; SUBJECT TO SPECIFIC COl,oENAI~T AND RESTRICTlONS. WE ARE PRESENTLY PREPARING THE FINAL MAP FOR THE CEPT OF ,':iE~Lh;\;;9.i)l .r,pr'ROVAk WE wOULD REQUEST A FINAL HEARING. SMuULD YOU HAvE ANY QUESTIONS Ol~ THE: ABovE, PkEASE CAL.L ME. THANK 'fOu. ".'.-. --. ~~---.~. ~, (i- Lr: l I 1 DEe I 4 1993 L,--.___--1 suunww m~'VN PLMiNlJ\JG BOAIIO ---...;.,,;, -~ """"- SLlB~~1.F" ... ~ P.l , , , , \ " i I -.. . COUNTY OF SUFFOLK · ~6;=1t..:E 1'8 /I1S r6 ~ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD. M.D.. M.P.H. COMMISSIONER September 23,1993 Mr. Henry E. Raynor Tide Group, Inc. 320 Love Lane Mattituck, N. Y. 11952 Dear Mr. Raynor: Subject: Board of Review Hearing - July 29,1993 Proposed Subdivision of Tide Group (North Fork Industrial Park) #91-223, Town of Southo1d, SCfM 1000-96-1-1. Enclosed is a copy of the Board of Review's fmdings, recommendations and determination concerning the subject application. Based on the information submitted, the Board denied the request for the variance. Article 6 is intended to protect surface and groundwater quality by establishing limits on population density. Approval of the requested variance has the potential of adversely affecting water quality. Very truly yours, <2b,,,....,:.. VY\~ 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 Akras, P.E. _ Town of Southold Planning Board SEP 3 0 1;)9:\ DIVISION OF ENVIRONMENTAL QUALITY . 22~ RABRO DRIVE EAST. HAUF'PAUGE,NY 11788.4290 . TEL (!5161 853-3079 FAX (516J 853-2927 ~.. . . DEPT Of HEALTH SERVICES EXECUiIVE OffiCES qll Ni'9J SUFFOLK COUNTY DEPARTMENT OF HEALni~~CM2 DIVISION OF ENVIRONMENTAL QUALTIY Article 2, Section 760-220, Suffolk County Sanitary Code To: Mary E. Hibberd, M.D., M.P.H. Conunissioner From: Dennis Moran, P.E. Chainnan, Board of Review Subject: Report of Findings and Recommendations of the Review Board Regarding: Proposed Subdivision of Tide Group (North Fork Industrial Park) #91-223, Town of Southold, SClM 1000-96-1-1. Applicant: Mr. Henry E. Raynor, Tide Group, Inc., 320 Love Lane, Mattimck, N.Y. 11952 Notice of Hearing: July 6,1993 - Hearing Date: July 29,1993 Statement of Problem A community type water system is required when a realty subdivision is located in an area where groundwaters are non-potable or potentially hazardous in accordance with the requirements of Article 6, Section 706-606 (I.d) of the Suffolk County Sanitary Code. Findinl1s and Facts 1. Proposed development of a 29.1 acre industrial parcel into eight lots ranging in size from 120,000 square feet to 167,600 square feet. 2. Site is in Groundwater Management Zone # IV. 3. Area is zoned L-lO. 4. Public water is not available. 5. Depth to groundwater is about 40 feet. - 6. Soils are sand/gravel materials to 17 feet below grade. - ~ . . ,. . Mary E. Hibberd, M.D., M.P.H. Page Two Subject: Report of Findings and Recommendations of the Review Board Regarding: Proposed Subdivision of Tide Group (North Fork Industrial Park) #91-223, Town of Southold, SCfM 1000-96-1-1. Findine:s and Facts (cont'd) 7. Average lot size is 133,687 square feet. 8. Test well samples (8) collected between 3/15192 and 1120193 indicated that four of the eight wells exceed allowable drinking water standards. The wells exceed the standard for nitrate, 1,2 dichloropropane, 1,2,3 trichloropropane, aldicarb, iron and manganese. Total well depths ranged from 81 to 175 feet with 41 to 134 feet of water in the well casings. 9. Applicant exercised options to install test wells on each lot of the subdivision in accordance with the department's Standards and Procedures For Private Water Systems. 10. Building site is in an agricultural area where pesticides and fertilizers are still being applied. 11. Applicant has the option of constructing an on-site community supply or building on the four lots which meet the drinking water standards. 12. Applicant is proposing individual treatment for each lot that exceeds drinking water standards. Determination It was a 3 to 0 determination of the Board to deny the request for the variance. The Suffolk County Sanitary Code and the department's design standards are intended to provide a satisfactory water supply. Granting of the variance would result in the potential for subsequent unacceptable drinking water sources for. portions of the subdivision. ~l 'l."LI'\ .. Date G~'M~ Dennis Moran, P.E., Chairman DM/Ir - . ~ ~ ;,.UFFOl.t .cf.<:::'vlI' t'~ (J,,~. ....... ';'. . ~' ::::>. ;;.\ ~.~ ~..." ~' " 1"'> ~ ' 4",~' . ~ ~~~ . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTf L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 13, 1993 Henry Raynor 320 Love Lane Mattituck, NY 11952 Re: Major subdivision of North Fork Industrial Park Depot La., Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The fOllowing resolution was adopted by the Southold Town Planning Board at a meeting held on July 12, 1993: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from August 24, 1993 to February 24, 1994. The Planning Board has granted this additional extension due to the fact that this application is currently before the Health Department Board of Review, and a decision from that Board will not be made prior to the expiration of the preliminary approval. Health Department approval is not the only outstanding item for this subdivision. Please refer to the Planning Board's resolution granting conditional preliminary approval for the additional items required. Please contact this office if you have any questions regarding the above. Sincerely, ?~j~ Richard G. Ward ~ Chairman . COP COUNTY OF SUFFOLK. (j ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD. M.D.. M.P.H. COMMISSIONER July 6, 1993 Mr. Henry E. Raynor Tide Group, Inc. 320 Love Lane Mattituck, New York 11952 r\~ \ RE: Proposed Subdivision of Tide Group (North Fork Industrial Park) 191-223, (T) Southold (SCTM 1000-96-1-1) Dear Mr. Raynor: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for July 29, 1993 at 10:30 a.m., in the Suffolk County Department of Health Services Conference Room, County Center, Room S-238, 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. Should you have any questions, please call 516-852-2100. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM:cah cc: Mr. James L. Corbin Mr. Martin Trent Ms. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Mr. Peter R. Akras, P.E. Town of Southold Planning Board DIVISION OF ENVIItONMENTAL QUAUTY COUNTY CENTER RIVERHEAD. N.Y. 11901-3397 8!52-21oo 00 S<.>'o~. y~s "t. .JUt lU "co,,; lU.'_~ . . S/.ie,F,u:: Pi? ~ HENRY E. RAVNOR 320 LOVE LANE MATTI rUCK. N.V. 1l'l52 516-2'lB-8420 51E,-2'lB-2127 FAX 6/10/'l3 TO: SOUTHOLD TOWN PLANNING BOARD RE: TIDE GROuP INC. AS (HE EXTENSION FOR PREUllIINARV PLAN APPROVAL IS DUE TO ExPIRE DURING THE FIRST PART OF AUGUST; PLEASE BE ADVISED OF THE FOLLOWING. AT PRESENT WE HAvE SAT!SFIED ALL THE CONDITIONS FOR FILING .L"~c" ,.".. -""f~' ,-" ~T,' ~T' "'~- -, ~-~,.,. --~-'n "':; e.:;,.,'-'''- '~.E .,:,-' :j;r".' Tlrc. .=.~.r ....1il-;r{ ~:...:.,....~'Ii~~ .~. or-i.;.,if-t..... ~M: W;;:'-r-Il!~ .p/iJ.tH'~-M '!-?'I ':"?-l,..,~~':.M:' Mn NOW TOLD THAT THE TIME FRAME NECESSASRY FOR A HEARING AhlD DETERMINATION ~~IL..L.. RUN BEYOND THE PRE'_IMINARY PLAN APPROi)AL PERIOD. AS A RESULT OF THIS, WE ARE REOUESTING THE PLANNING BOARD TO AGAIN EXTEND THIS APPROVAL. ' SHOULD YOU HAvE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT ME AT THE ABOVE. ~ S/?7'''' roJr-~.'_UJLt G1 Ul1l,., I 0 1993, . ".-.-.' ; ; J o~;""'1-;'.,' c...........: _I .:lOUr"l),... I'i,",~ PLhi-,N!;.!C ~,:-:_:;i;<tJ --~-~ _. - ~c '~.1' -..- .., .SOUTHOLD TOWN PLANN. BOARD 7 APR.12, 1993 Ayes: Mr. am, Mr. Ward, Mr. Edw Mr. Orlo Mr. McDo Mr. Ward: (Chairma Oppo 0 c orsed maps.) *********** Preliminary Extensions Mr. Ward: Tide Group (North Fork Industrial Park) - This major subdivision is for eight lots on 29.11 acres located on the northwest corner of Middle Road and Depot Lane in the LIO District in Cutchogue. SCTM #1000-96-1-1. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a retroactive extension of preliminary approval from February 24, 1993 to August 24, 1993. Preliminary approval was granted on February 24, 1992. Please note that this is the second extension of preliminary approval that the Planning Board has granted. The Board is not in favor of granting any further extensions of preliminary approval for this proposed subdivision. Mr. Latham: Second. Mr. Raynor: May I address the Board before you take a vote on that please? I am not sure if the Board is aware of some of the complications created today in the Suffolk County Department of Health in regards to the water testing under the new ordinance. Basically, the problem is going to arise more and more with major subdivisions here in the township and I am referring to the two six month extensions. It takes approximately two months to get contracts from well drillers to get the appropriate wells, one per ten acres in and receive back the analysis from the Department of Health Services which can run again up to two months. Given that the analysis does not meet the current standards, this process is again cycled two months to go back in and in this particular instance put well points in on each one of the lots and then go back and get the analysis approved or at least reviewed by the Department of Health. We have lost now an accumulated six months. It takes approximately five to six months and sometimes up to seven months to get before the Suffolk County Board of Review and then another month to five weeks to get a decision. That brings us to thirteen to fourteen months. I just wanted to bring this point up to the Board so that they are aware that this is what an applicant is running against at this point. 'j.,?OUTHOLD TOWN PLANN. BOARD 8 APR.12, 1993 Mr. McDonald: What have you got down there? You have gone to do the wells twice now and have you found anything at all? Have you found anything clean? Mr. Raynor: Oh yes, we have found plenty clean. We have two that exceed the nitrate level. Mr. McDonald: Two of the sites are not coming out? Mr. Raynor: That is correct. We now have well sites on each one of the lots. Mr. Ward: What do you feel your realistic time frame is to get through them at this point? How many months from now? Mr. Raynor: I would say your August How many months from now, I would say on a given we are probably going to run very, very close to deadline. Mr. Ward: seconded. O.K., you will keep us posted. All those in favor? Motion made and Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. Edwards. Mr. Ward: Opposed? Motion carried. **************************************** Mr. Edwards: Mr. resolution. Mill Subdivision (aka M. Paul Fr" 'sion is for nine lots on 22. acres located o est Mill Road; 1102.15 et south of Matt llck. SCTM #1000-1 -9-p/04. Mr. Ward: This major subd on the west side Naugles Drive in Final Hearings: following RESOLVED to set final public hearing for a Mr. McDonald: Mr. Ward: and seconded. favor? Ayes: nald, Mr. Edwards, Mr. Orlowski, tham, Mr. Ward. Opposed? So carried. **************************************** . . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 April 13, 1993 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision of North Fork Industrial Park Depot Lane, Cutchogue SCTM~ 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 12, 1993. BE IT RESOLVED that the Southold Town Planning Board grant a retroactive extension of preliminary approval from February 24, 1993 to August 24, 1993. Preliminary approval was granted on February 24, 1992. Please note that this is the second extension of preliminary approval that the Planning Board has granted. The Board is not in favor of granting any further extensions of preliminary approval for this proposed subdivision. Please contact this office if you have any questions regarding the above. Sincerely, ~~~ u/~/~ Richard G. Ward Chairman ,,,.-~ .-- ----~ -----~----- ~ . PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Lalham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards , , :(~~ '~""!l~c'f;,';f SCOTI L. HARRIS Supervisor ""-'-^-' Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telcphone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (5161 765-1823 March 2, 1993 Henry E. Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision '['ide Group a/k/a North Fork Industrial Park Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The fOllowing resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 2, 1993: BE IT RESOLVED that the Southold Town Planning Board grant a retroactive extension of preliminary approval from August 24, 1993 to February 24, 1993. Preliminary approval was granted on February 24, 1992. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, 'E~ jj 1/~ Richard G. Ward ~ Chairman . . ~nJj" M$ HENRY E. RAYNOR 320 LOVE LANE MATTITUCK, N.Y 11952 516-298-8420 FAX 516-298-2127 FEB. 8, 1993 TO: SOUTHOLD TOWN PLANNING BOARD RE: TIDE GROUP I HEREBY REQUEST AN EXTENSION OF PRELIMINARY APPROVAL ON THE ABOVE CAPTIONED SUBDIVISION. PRESENTLY WE ARE STILL AWAITING A DETERMINATION ON WATER QUALITY FOR THIS PARCEL. THANK YOU FOR YOUR CONSIDERATION. ~~ ',:: \?, ~ \?, ~ ~ \?, ~' ~ fIB - 9 IlJl !~ \l1\\OlO " ~~~~~; , . I . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 February 25, 199(p '- Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision of North Fork Industrial Park Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 24, 1992: BE IT RESOLVED that the Southold Town Planning Board grant Preliminary Approval to the maps dated January-10, 1992 with the following conditions of approval: 1. The final maps shall be revised in accordance with the reports dated December 23, 1991 and January 30, 1992 from James A. Richter. The Board is requiring that Depot Lane be resurfaced with a 2" lift of asphalt. However, the lift is to start at C.R. 48 and is to extend North along Depot Lane until the intersection of Corporate Road, rather than the 2,200 lineal feet stated in the December 23rd report. ,. 2. The final maps shall indicated a temporary turnaround at the end of Corporate Road. This turnaround shall remain until such time that Corporate Road is extended into the adjacent property. 3. The landscaping design for the one-hundred (100) foot buffer area is to be shown on the final plan or on a separate landscape plan. The landscaping in the buffer area shall include, in addition to other plantings, a double row of evergreen trees, and shall provide a total visual barrier both along C.R. 48 arid Depot Lane. All landscaping items will be included in the bond estimate for the subdivision. . . North Fork Industrial Park February 25, 1992 Page 2 4. One entry sign will be allowed for the industrial park. Such area should be designated on the final subdivision maps. 5. Street trees will be required along all proposed roads. These may be indicated on either the final plan or on the landscape plan. 6. The location of the firewell must be indicated on the final map. If the present well is accepted by the Fire District, the location of such well in addition to any easement granted to the Fire District to obtain access to such well, must be shown on the map. 7. The fOllowing covenants and restrictions will be required for the subdivision: a) The access for all lots located at the end of a cul-de-sac (Lots 3,4,7 and 8 on the map dated January 10, 1992) shall be designed, at such time that the individual site is developed, in such a manner as to provide additional turning area for tractor trailer trucks. b) Parking shall be prohibited in all cul-de-sacs. c) All parking shall be provided on site for each lot. d) Access to all lots shall be via the proposed roads. No lot shall have direct access onto Depot Lane or C.R. 48. 8. A property owners association must be established for the road and drainage area. . Failure to submit all or a portion of the final submission within six (6) months shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested, and granted by the Planning Board. The final submission must contain the following: 1. Final subdivision maps revised in accordance with the conditions of preliminary approval and containing a valid stamp of Health Department approval; (Six (6) paper copies will be required as part of the final submission. Two (2) mylars will be required prior to any endorsement of the subdivision.) . . North Fork Industrial Park February 25, 1992 Page 3 2. Final drainage plans and road profiles revised in accordance with the conditions of preliminary approval. (Six (6) paper copies.) 3. A landscape plan, if the landscaping is not shown on the final subdivision maps. (Six (6) paper copies.) 4. A draft of the Declaration of Covenants and Restrictions. The Planning Board may require additional covenants and restrictions upon review of the final maps. 5. A draft of the Property Owners Association to be established for the road and drainage areas until same are to be dedicated to the Town of Southold. The final hearing will not be scheduled until all of the above are submitted and are accepted by the Planning Board. Please contact this office if you have any questions regarding the above. Very truly yours, B~~~~/./~s Chairman cc: James Richter . ~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards .-:::l .,',,-;.) .,... ,~ scon L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 4, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision of North Fork Industrial Park Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 3, 1992. Be it RESOLVED to override the January 9, 1992 Suffolk County Planning Commission report for the following reasons: The Planning Board is in favor of the internal road design as it is shown. The road network provides access to two adjacent parcels each of which is in the LIO Zoning District. Access to the northern parcel (owned by Krupski) will be from both Depot Lane and the McBride property. (See diagram.) Access to CR 48 and Depot Lane via individual curb cuts for each lot is not considered conducive to the Light Industrial Office Park character that we wish to achieve here. Further, since this LIO Zoning District is bordered by residential and agriculture zoned lands, all of which are vacant, the aesthetic impact of an industrial park will be mitigated by the visual screening that will be provided by a continuous landscaped buffer around the southern and western perimeter of this property. The Planning Board will require that a covenant be placed on the lots at the end of each cul-de-sac, requiring that the access to the individual site plans be designed in such a manner as to provide additional turning area for tractor trailer trucks. Further, the use of the cul-de-sac for parking will be prohibited. All parking will be provided on site for each lot. In addition, a temporary turnaround will be required at the end of Dennis Road (Corporate Road). The preliminary public hearing, which was held at 7:40 P.M. was closed. . . Please contact this office if you have any questions regarding the above. Very truly yours, /[) .-H-A I /,1 <9UI1Ii/f/i (A)~I;1' 1 k' 1/"( Bennett Or ows 1, Jr. Chairman enc. cc: SCPC '.'....--:... . . .:S&~{jh~ 11115 J :r " COUNTY OF SUFFOLK ~~""Ji'~"~" {f(~ Jil ,~,g:{:J ~ ROBERT J, GAFFNEY SUFFOL.K COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 9, 1992 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southo1d, New York 11971 Re: Preliminary Plan of Tide Group (Corby Park) Northwesterly side of Middle Road (C.R. 48) and Depot Lane, Cutchogue, Town of Southold, New York Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 8, 1992, reviewed the proposed subdivision plat, entitled, "Preliminary Plan of Tide Group (Corby Park)" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kunz Director of Planning by' , Fr nk Dowli~, Sr. Planner Subdivision view Division File: S-SD-91-15.1P FD:mb Attachment cc: Edward Romaine, County Clerk J. P. Hurley, Comm., SCDPW rn~@~U\Yl~rnl Ii::I 'I' " "'J ' .. It"11 I I .' I ..,;,1 " L-,.;'l - I SOUTHOLO /oWN PLANNING OOARO I~. H. LEE OENNISON BUILDING . VET~RANS MEMORIAL HIGHWAY . HAUPPAUGE . NEW YORK 11788 . (516) 853.!:5 t 92 . " . . ,. File No. S-SD-91-1S.1P Resolution No. ZSR-92-17 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on December 17, 1991, with respect to a proposed plat entitled, "Preliminary Plan of Tide Group (Corby Park)" submitted by the Town of Southold Planning Board affecting premises located on the northwesterly side of Middle Road (C.R. 48) and Depot Lane, Cutchogue, in the Town of Southold, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on January 8, 1992, and WHEREAS, the Commission has voted to disapprove said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is disapproved for the following reasons: Cul-de-sac streets in an industrial or a commercial subdivision are unacceptable. The road system for an industrial or a commercial subdivision must be laid out for efficient movement of traffic, particularly by large trucks and tractor-trailers. Cul-de-sac areas are often blocked by haphazard parking that hinders delivery and pick-up of material and products. Large trucks and tractor-trailers have difficulty in turning around in cul-de-sac areas because of turning radius limitations complicated by haphazard parking. The Commission also offers the following comment on the map: A more acceptable design should be considered which would move Dennis Road towards the south with a temporary turnaround adjacent to the parcel on the east. The northern end of the proposed cul-de-sac Corby Court could also be extended to the east and end in a temporary turnaround also. All lots would have internal access with suitable buffers and no future curb cuts would be required on the County road. Motion by: Commissioner Eversoll Seconded by: Commissioner Kelley Commission Vote: 9 Present Yeas Nays Abstentions 9 o o Dated January 8, 1992 Hauppauge, New York Suffolk County Planning Commission ~~It II 9 ~ .,' < "-->-."" " ~\\l'~ ~ :.) ';, '," '. " ',. .~, '--< " s --,.--...:..... " ". ',' 11",1 ,~;. "i.: .---" ~'" ~. ..~ , I 'I; '.~J '" /' ..,~': : ...... '" '" " ", ", '-. "."'" " ". .(., o ~ ". ,.' ,.... .' ,...,., " , ~.." .' I , I ~;; 1:2 OJ I' ! ~ I I ~; , , ! ~ ............ ~ I::: > I;: /' ;, ~I-" ';.t n> B? '0;.0;, "0.. ...., .f0"..: 0..- 0,. n... n!alel .., .rJ"J ..' . "'''10, o " :': ..<)~:~' '010",,''',. .' ..U YC.....O,.O.....I _ . ,.' '-Z- . ,,',. - 7(.............. ;' .~:~;:,:':;:.I ;;";7';rir;::;\:~i.;t~,&.1" '" ~ '......, . ;~~:-:".~:. '.. ,...~, ." ~.o ::11:;:1". ~ ", '...i," '''''0''0<'' roo. SU ..~,~:::, ? ,..( .... ,,' . w"",."" @ COUNTY Of ' ... Real Properly T c ' c,,, ';w.' o_~..... .I(.:~~:.,~::~.I. ...~;,7.'''';:::..,..... ::::~~~:~:~-:-!:: .",.... ,-~,- f._._ '-"-'- ........ ......o..~.._ '.'.Gm"d....... '...0...,..,_ __ .._. ...... ~~~:~~~::~ ~~ ':: -' ~:.' ---.L.L ,#. ~ ., St,ipFitC f?b f'1.5 JAMES A. RICHTER ENGINEERING INSPECTOR RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JANUARY 30, 1992 MR. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: NORTH FORK INDUSTRIAL PARK (TIDE GROUP) COUNTY RTE. 48 & DEPOT LANE - CUTCHOGUE SCTM # 1000 - 96 - 01 - 01 Dear Mr. Orlowski: As per your request, I have reviewed the latest submission of plans for the above referenced Major Subdivision. All of the items listed in my report dated 12/12/91 have been addressed satisfactorily. My report dated 12/23/91 recommends that the developer should resurface a section of Depot Lane with a 2" lift of asphalt. Will this action be required by the Planning Board. If the answer is yes, the Developer should be notified in writing. References to this work should appear on the drawing and a specific starting & stopping point should be indicated along Depot Lane. If you have any questions or require any additional information concerning this matter, please contact my office. cc: Raymond L. Jacobs file ".oeoe'~ ~ A. Richter, R.A. --~ - -\ \?,~~\1,\'\ .... 3 G \992.\~j' JHI1 .:>-: "J, 1 ; , . IlEt;R'{ E. RHY~IDR JI'<. :02\/1 L.OVE LANE l'IATTlTUCK, N. Y. 11'"52 .Jm,. 23, lCJ'12 TO: SOU fl10LD TOWN PLANr~ I ;'JG B:H4f~[i rH::: T ~ DE GROUP r-'Er~ Vnl !tj ,'-.-''"..h REQUE~-:~-.i 1 THE T l[iE ;ROU(:' [GRI='i~JRT;:iIDN ti~i:':c. rHi;:EE s rOCf',Hr.JL.DERS. JAI1\ES f'.A~IU~Sf',Y I~OODCi...lFFI:: LR. ,'vI"-iTTITUCK, N.Y. 119=.;:.' JOHN OrVELLO WESTPHAL, I A ROAD 1~I...rT I "UCI~, N. Y. 11 Lj',',2 HENRY RAYNOR CARl)II~AL, DR. 1"IATTlTUCK, N.Y. 11952 IF YOU HAVE ANY O-rf~ER DlJ[Sl ONS, PLEASE CALL ME AT 2S8.,.a42~. ffD] m & m u w m fij} Ul1 JAN 2 8 1992 ~ SOUTHOLO TOWN PLANNING BOARD s~ fEl tiS LEGALS NanCE Notice of Public Hearing NOTICE IS HEREBY GIV- EN that pUlliuant to Section 276 of the 1bwn Law, a public hear- ingwill be held by the Southold 1bwn Planning Board, at the Town Hall, Main. Road, Southold, New York in said 1bwn on the 3rd day of February 1992, on the question of the following: 7:30 P.M. Final approval for this lot line change for William B. May and Jeanne A. May and Jeanne A. May individually on Fishelli Island, in the 1bwn of Southold, COunty of Suffolk, and the State of New York. Suf- folk County Thx Map Number 1000-9-9-6.1,7,9 and Reservoir Road. The property is bordered on the north by land now or formerly of Wilmerding; on the northeast by land now or formerly of George K. Conant and W.F. Conant, by land now or formerly of Christina Rhodes, by land now or former- ly of Union Free School; on the west by land now or formerly of Gada Family Partnership; on the southwest by land now or formerly of Sandra Collyer and Michael Collyer, by land now or formerly of Tiffany S. Gordon and by land now or formerly of . Richard C.Gilbert; on the southeast by land now or formerly of William Wood and W.F. Wood, by land now or formerly of William H. Wood, Jr., by land now or formerly of Kenneth Peterson; on the east by land now or formerly of John C. Evans; on the northeast by land now or formerly of Nancy C. Hickey; on the north, south, east and west by land now or formerly of Caroline C. Cleveland and Mrs. Donald Cleveland. 7:35 P.M. Ptltal approval for the set off for James Patrick Kelly at Southold, Town of Southold, County of Suffolk and the State of New York. Suf- folk County Thx Map Number 1000-56-1-4.1. The property is bordered on the north and east by land nor or formerly of Lang; on the south by Mill Path; on the west by land now or formerly of Lang. 'NO P.M. Preliminary ap- proval for North Fork Industrial Park at Cutchogue, 1bwn of Southold, County of Suffolk and the State of New York. Suf- folk County Thx Map Number 1000-%-1-1. The property is bordered on the northeast by land now or formerly of Frank McBride; on the southeast by, Middle Road (C.R. 48); on the southwest by Depot. Lane; on the northwest by land now or formerly of Mildred Goodwin, and by land noW or formerly of John P. Krupski. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: January 17, 1992 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman lX-1123/92(1l) COUNTY 01' SUr-f'OLK STkl'E 01: N[W YORK 55: Palricia Wood; being duly sworn, says that she is the [dilor, of THE LONG ISLAND TRAVELER.WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and Ihat Ihe nOlice of which the annexed is a printed copy, 1l.IS bet!) .published in s:licl Long Isl,1I1<1 TraVl'll'r,W;I!chmill1 once L'ilCh week for. . . . , . . . . . . . . . . . . , . . , . ,f. .. weeks successively. cOlnmencing on the .;2 3"..1 ..".,.",."...,.". . (J;lyof C~' " ...~...,19'J.Y.. ,/ .v SWOJ'1l 10 hcforc mv this..",.". .0-?.,...... c1il)' of ......~~.... ,19.~1;>-:. y ) . ' /.-{ h /7. /~ .' ....;t:..<<,. .~,-!I.....0t.... .~....... Notary Public BARBARA A. SCHNEIDER NOT^RY PUBLIC, Slole 01 New York No. ~~OG846 Qualified in Sullolk C~~nIY L- Commission Expires ?;3/ fl.?. \o)rn@rnU~i l\ill JMI 2 8 If -~...~-, i n.~......J SOUTHOLD TO' PlANNING Bef. L~GAL NOTlC~ Notice of Public Hearing NOnCE IS HEREBY G1VEN that pursuant to Seclion 276 of the Town Law, a public hearing will be held by the South aId Town Plan- ning Board. allhc Town lIall, Molin Road, Southold, New York in said Town all the 3rd day of February 1992 all the question of the foUow. ing: 7:30 P.M. Final approval for this lot line change for William 13. May and Jeanne A. May and Jeanne A. May indivir.lually 011 Fishers Is. land in the Town of SOllthold, COU~lY of Suffolk and the Slale of New York. Suffolk County Tax Map Number. 1000-9-9-6.1, 7, 9 and Reservoir Road. '{'he properly is bordered on the nort,h by land now or Cannerly of Wilmcrding; on the northeast by land now or fonnerly of George K. Conant and W.F. Conant, by land now or formerly of Christina Rhodes, by land now or fomlerly of Union Free School; on the west by land now or fonnerly of Gada Fam- ily Partnership; on the southwest by land now or fonnerly of Sandra Collyer and Michael Collyer, by land now or fonnerly of Tiffany S. Gordon and by land now or formerly of Richard C. Gilbert, on the southeast by land now' or formerly of William Wood and W.F. Wood, by land now or formerly of William I-I. Wood Jr by land now or fonnerly of Ke,;nelil' PeLCrsoll; on Lhe easl by land now or formerly of John C. Evans; on the northeast by land now or fonnerly of Nancy C. Hickey; on the north, souLh, cast and wcst by land now or fonncrly of Caroline C. Cleveland and Mrs. Donald Cleveland. 7:35 P.M. Final approval for the set off for James Palriek Kelly al Southold, Town of Southo1d County of Suffolk and the State of New York. Suffolk CounlY Tax Map Number. 1000-56-14.1. The property is bordered on the north and east by land now or foonerly of Lang; on lhe south by Mill Path; all Lhc west by land now or formerly of Lang. 7:40 P.M. Preliminary approval for North Fork Industrial Park al CUlchoglle, Town of Southold County" of Suffolk, Stalc of Ncv.: York. Suffolk County Tax MOlp Number. 1000-96-1-1. This property is bordered in the northeast by land now or [oonerly of Frank Mellride; on lhe soulheast by Middle Road (C.R. 48); on lhe soulhwest by Depot Lane; on the northwest by land now or formerly of Mildred Goodwin, and by land now or fonnerly of John P. Knlp~ ski. Any person desiring to be hc..1Td on Lhe above maller should appear at the lime and place specified. Dated: January 17, 1992 IlYORDEROFmE SOU1lIOLDTDWN PLANNING IlOARD Dennett Orlowski, Jr. Chairman 7275-11'123 STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) ~duv ~~~ of Mattituck, In said County, being duly isworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the amexed Is a printed copy, has been regularly published In said Newspaper once each week for ----L- weeks successive , commencing on the .,;;l ;5 ,,-p day of 19'" :) so iiiiiiiiIIelerk P\.AMNtNG'IlliARD Sworn to before me this day of k'--7 i //,' , '~~--u C-.e.- c/.;~ 19 ,9.'"'- ?'~~~ -- "',,'..,' j, t~t; .'-,<.iY...'.!' 1.2.- j PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards . SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD -:r"'t-lVI.13 \b, \9'l'J-. Fax (516) 765-1823 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Llledh 'folk ""t.~~ri",\"?~1c- (T:cI. &ro'f ) 1000- 1:; - 1- I "1)e.?,6t" o.Y\€. ~ c..~ 'II? e.ritC\.-"'d"f' Type of Application: Sketch Subdivision Map (Dated / / ) )( Preliminary Subdivision Map (Dated / 10 /"1"- ) Final Subdivision Map (Dated / / ) j. Road Profiles (Dated / 10 /"1":>.. ) Grading and Drainaqe Plans (Dated / / ) Other (Dated / / ) Sketch site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Gradin and Draina e Plans (Dated / / ) Other 1\ 7-7 '1, I~*~r 0", UL.(.O (Dated / / ) Comments: fl(J~ rlv,eeU <?<; r' Vf}vR. 12.-)n:./q I """,J, 1'2...~ql r9'ds. I Contact person:-A1lj/~<;4 ~1R.'1) -< . "l/J/';~~'C ;>'-;>- ,j1uj''i>\lfFOl~ ..,,~ :y ~\,~ t'a ~\ i'.i~ <;;:;, \\ ,J -- ~ V ,'::::::J :...::. '-:\ ,'JO . ~ en. '"" k ~~.~-.~ ~i\: .\ "". "'~'c '-0' """j(!i \ ". . '--.0" . ,'-> J '::'-. ' ..J.. ."f,. ..;~ ,<~ ~:;,:'~ ~'"f6 _, Cr ~'->;~;<_;-.cD.L~' . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 January 14, 1992 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision Tide Group Depot Lane, Cutchogue Zoning District: L10 SCTM#1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southo1d Town Planning Board at a meeting held on Monday, January 13, 1992. Be it RESOLVED that the Southold Town Planning Board set Monday, February 3, 1992 at 7:40 P.M. for a preliminary public hearing on the subdivision maps dated December 6, 1991, subject to receipt of the Suffolk County Planning Commission report by that date. Very truly yours, ~()~'/~~.$ Bennett Orlowski, Jr. Chairman "". ..... , . ..5utb6u:: 1'15 J ~ -J COUNTY OF SUFFOLK ~ ~J ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 9, 1992 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Plan of Tide Group (Corby Park) Northwesterly side of Middle Road (C.R. 48) and Depot Lane, Cutchogue, Town of Southold, New York Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 8, 1992, reviewed the proposed subdivision plat, entitled, "Preliminary Plan of Tide Group (Corby Park)" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kunz Director of Planning File: S-SD-91-15.1P FD:mb Attachment cc: Edward Romaine, County Clerk J. P. Hurley, Comm., SCDPW 00 rn@rnO\Ylrn~ J'AN I 3 loco. Ii U ( 'JUt.. L.....~/ SOUTHOlD TOWN PlANNING BOARD H.L.EEOENNISONBUlLDING . VETERANSMEMORIALHIGHWAY . HAUPPAUGE . NEWYOAK 11788 . (516)8!53-S192 , .,-""- l '" . File No. S-SD-91-15.1P Resolution No. ZSR-92-17 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on December 17, 1991, with respect to a proposed plat entitled, "Preliminary Plan of Tide Group (Corby Park)" submitted by the Town of Southold Planning Board affecting premises located on the northwesterly side of Middle Road (C.R. 48) and Depot Lane, Cutchogue, in the Town of Southold, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on January 8, 1992, and WHEREAS, the Commission has voted to disapprove said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is disapproved for the following reasons: Cul-de-sac streets in an industrial or a commercial subdivision are unacceptable. The road system for an industrial or a commercial subdivision must be laid out for efficient movement of traffic, particularly by large trucks and tractor-trailers. Cul-de-sac areas are often blocked by haphazard parking that hinders delivery and pick-up of material and products. Large trucks and tractor-trailers have difficulty in turning around in cul-de-sac areas because of turning radius limitations complicated by haphazard parking. The Commission also offers the following comment on the map: A more acceptable design should be considered which would move Dennis Road towards the south with a temporary turnaround adjacent to the parcel on the east. The northern end of the proposed cul-de-sac Corby Court could also be extended to the east and end in a temporary turnaround also. All lots would have internal access with suitable buffers and no future curb cuts would be required on the County road. Motion by: Commissioner Everso1l Seconded by: Commissioner Kelley Commission Vote: 9 Present Yeas Nays Abstentions 9 o o Dated January 8. 1992 Hauppauge. New York Suffolk County Planning Commission SENDER: SUBJECT: SCTM#: COMMENTS: I . ..J SUBMISSION WITHOUT COVER LETTER St-tC3ha- iL'1 S -I- / A'KA-r& ~~. J) ~~j N<!l.. Tt, t=dLL ~ - (<'-<.-fl. C Il~ (0.071 ''/''-J-I 1:J--~,/2.-~ ~ .../ .~_' ':~,.'._ ;,_ _ ".' __"'~"""""''''.~'' r'''J L'L.'._ ......._,,. _'1 1t"U.::'. . . p CUTCHOGIJ~ FIRE D1STRICf CUlcLogue, N.Y. 11935 ~Au 1'6 MS Telephone (5i6) 734-6907 December 26, 1991 Mr. Henry E. Raynor, Jr, 320 Love Lane MatUtuck, N.Y. 119n...,.. Ref; Corby Park Fire Well Dear HI:'. Raynor, The Fire Dlat-riet h&8 _y conai eel' using "'" exbting well provided it meets our specifications. The old fann vella were \La .ally 6" weU.. of One type or another and have been in the grollOd, unused. for many years, Our E>pecifica~ionB r~.ire a 20 r~ 220 volt-3 Ph ae aubmersible plli~p delivering 8 minimum of 400 Gallona Per Minute at 10 PSI at the top discharge tee. If the present ...ell ia able to ....etth.. abov.. flp""" and oertified by a. well driller we would then rev~ew the use of the well for fira protection in the Fark. The Fi'~ Distriot Will rCq\ure 8 proposal fr~ "you and your. well driller to 'etermirltl th~deq-,j"C:" of th,. syatem. As for the well location, and e Dement ~st be granted to the Fire District ae well as clear acc:oo, at all tiDIes. Por your information, a new well per the above specs casta approximately $12000. Over hal ~ of that ..xpense h the pump lJystem. We hope this haa been helpful ~,d if you requfr.. a personal meeting, plaase advise. Thank you. Yours truly, Board of Fire Co=miaaioners 1ftdti/ ~ Matthew J. Martin Secretary , ~uuurn IlEC 3 0 1991 SOUTHOLO TOWN PLANNING BOARD ". .. " -~-'.,-. """.~ . ,-,./ . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards - -. :,-ry ':,-:':;':' SCOIT L. HARRIS Supervisor ':'CX:.:/ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 December 24, 1991 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision Tide Group (Formerly Corby Park) Depot Lane, Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 23, 1991: BE IT RESOLVED to adopt the engineer's reports dated December 12, 1991 and December 23, 1991, with the following amendments (numbers correspond to numbers in report): #1. The Planning Board is in favor of the 70' right-of-way that has been designed for Dennis Road. #2. #3 #4. Is to remain as written in the report. Is to remain as written in the report. Is to remain as written in the report. A copy of the November 27, 1991 correspondence from LILCO will be sent to Mr. Richter for his records. #5, #6, #7, #8 & #9 are to remain as written in the report. #10. Is to remain as written. The Planning Board will require that the landscaping for the 100 foot buffer area be shown on the final plan. The Board will advise you as to the landscaping requirements under separate cover. #11. The Planning Board is requiring street lights at the intersection of Depot Lane and Dennis Court, and at .'.;;.-,,---~ . . the end of each cul-de-sac. All street lights must be indicated on the map. i12. Is to remain as written. The report dated December 23, 1991 is to be adopted in its entirety. However, the new lift is to start at Rte. 48 and is to extend North along Depot Lane until the intersection of Dennis Road, rather than 2,200 lineal feet as stated in the report. The Planning Board awaits revised maps (3 sets) including the information listed above, and receipt of the Suffolk County Planning Commission report before scheduling the preliminary hearing. Please contact this office if you have any questions regarding the above. Very truly yours, @-7C--K-L<<; I2dffl~~ / ~!t-S Bennett Orlowski, Jr. Chairman encl. cc: James Richter, Engineering Inspector " " . 765-3070 .\ ..j 'v':"tJ.j~1 u: - ;)6 y!/!,S ./ J&~ES A. RIt~R ENGINEERING IllSPECTOR RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOIm OF SOUTHOLD DECEMBER 12, 1991 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Re: Corby Park - (major subdivision) SCTM # 1000 - 96 - 1 - 1 Dear Mr. Orlowski: As per your request, I have reviewed the preliminary Plans, Road Profiles & Sections for the above referenced Subdivision. My comments are as follows: 1. Why has Dennis Road been established with a 70' Right of Way? 50' R.O.W.'s are required by the Town Code. 2. The Curbing from Dennis Road should terminate at the Property Line & not extend out to the existing pavement on Depot Lane. 3. The location of existing utility poles along Depot Lane should be verified. The relocation of an existing pole at the entry of Dennis Road may be required. 4. Any encroachment by a proposed Road & R.O.W. extending into or bisecting the existing LILCO easment nust be approved by LILCO. 5. The eastern half of Dennis Road is noted as future. All roads should be constructed in there entirety. 6. "Profile - Dennis Road" - A. Station 6+0 to 7+80 is graded away from the site. This grade should be sloped into the site so that all surface water runoff is controled on site. B. Station 4+11 is noted '':It Dennis Court" - It should be noted" If. Corby Court". , 7. The pavement at each Cul-De-Sac should have a mini outside radius of 44 feet. ",m ~ ~@~~W~ ~! Dce ' " '-'01 '- I iJ jti~. h SlUTHOlD TOWN fUNNING BOARD "-",' "'~',"".'-:""';"=_.,.. ,-"".:-' ."....~_.~"';...~.___~._._~ ......A ...;. ,..," ':;."...... ;..""-;";", -'.':,.~~-,- -.;... . . RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS JA}!ES A. RICHTER ENGINEERING INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD DECEMBER 23, 1991 Mr. Bennett Orlowski, Jr. Chairman - Planning Board Town Hall - 53095 Main Road Southold, New York 11971 Re: Corby Park - (Major Subdivision) Depot Lane - Cutchogue SCTM # 1000 - 99 - 1 - 1 Dear Mr. Orlowski: My last review of the Plans & Road Profiles for the above referenced Subdivision was dated 12/12/91. Since that time, I have been informed by Mr. Raymond L. Jacobs that the Planning Board was going to require the developer to install curbing along Depot Lane. Mr. Jacobs does not think that the installation of this curbing would be in the Town's best interest and I would agree with Him. Installation of New Curbing along Depot Lane would not allow surface water runoff to naturally flow into the sholder areas of the existing road. This would mean that additional drainage would also be required. As per Mr. Jacob's suggestion, it would be more useful to require the developer to resurface Depot Lane with a two inch (2") thick wearing course of asphalt for the entire length of the development. On at least two other ocasions in the recent past, due to the increased traffic that was created by similar developments, the Town has had to provide the same type of resurfacing job on other existing Town Roads. In conclusion, in lieu of installing New Curbing, I would recommend that Depot Lane be resurfaced with a 2" lift of Asphalt. This new lift should start at Cty. Rte. 48 and extend North along Depot Lane for approximately 2,200 Lineal Feet. If you have any questions concerning this report, Please contact my office. . Sin erelY~;7 ~~ rJ11t&J .fl:rJ~ ames A. ichter, R.A. .' cc: Raymond L. Jacobs file oJ A: .,;(.,..-"!',~....~.J!''::'''f~~~~;i'ii . ,-,'_....>1 ... . .' BENNETT ORLOWSKI, JR. DECEMBER 12, 1991 PAGE 2 8. The Quantity and location of Fire Wells should be coordinated with the local Fire Commissioners and shown on the map. 9. Street Trees as per Town Specifications should be shown. 10. Screen Planting around the outside of the Chain Link Fence at the Recharge Basin should be indicated. 11. The Quantity and location of required Street Lights (if any) should be coordinated with the Planning Board and shown on the map. 12. Concrete Survey Monuments should be placed at all prominent locations and points of curvature so as to completely define the proposed road right of ways. If you have any questions concerning this review or if you need any additional information, please contact my office. cc: Raymond L. Jacobs file '"0"'?1 ~ ~. Richter, R.A. ~ -.I' ~__. :.~,;;~~~,'l-'I -. ~.'^ -....Jt'.. . ""~h~';M(.;.~~_~:~~::-}A ,; ~'~~~-:.::-r~it;.:.i:.._~ 765-3140 ( 0ittFj L r:: fA M5 JAMES A. RICHTER ENGINEERING INSPECTOR RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD DECEMBER 23, 1991 Mr. Bennett Orlowski, Jr. Chairman - Planning Board Town Hall - 53095 Main Road Southold, New York 11971 Re: Corby Park - (Major Subdivision) Depot Lane - Cutchogue SCTM # 1000 - 99 - 1 - 1 Dear Mr. Orlowski: My last review of the Plans & Road Profiles for the above referenced Subdivision was dated 12/12/91. Since that time, I have been informed by Mr. Raymond L. Jacobs that the Planning Board was going to require the developer to install curbing along Depot Lane. Mr. Jacobs does not think that the installation of this curbing would be in the Town's best interest and I would agree with Him. Installation of New Curbing along Depot Lane would not allow surface water runoff to naturally flow into the sholder areas of the existing road. This would mean that additional drainage would also be required. As per Mr. Jacob's suggestion, it would be more useful to require the developer to resurface Depot Lane with a two inch (2") thick wearing course of asphalt for the entire length of the development. On at least two other ocasions in the recent past, due to the increased traffic that was created by similar developments, the Town has had to provide the same type of resurfacing job on other existing Town Roads. In conclusion, in lieu of installing New Curbing, I would recommend that Depot Lane be resurfaced with a 2" lift of Asphalt. This new lift should start at Cty. Rte. 48 and extend North along Depot Lane for approximately 2,200 Lineal Feet. If you have any questions concerning this report, Please contact my office. .~ mD\YI~ m cc: Raymond L. Jacobs file -1----- ..J, '. .", ." ] . G:ue,Fi w fJ6 /14'5/ JAMES A. RI~R ENGINEERING INSPECTOR RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD DECEMBER 12, 1991 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Re: Corby Park - (major subdivision) SCTM # 1000 - 96 - 1 - 1 Dear Mr. Orlowski: As per your request, I have reviewed the preliminary Plans, Road Profiles & Sections for the above referenced Subdivision. My comments are as follows: 1. Why has Dennis Road been established with a 70' Right of Way? SO' R.O.W.'s are required by the Town Code. 2. The Curbing from Dennis Road should terminate at the Property Line & not extend out to the existing pavement on Depot Lane. 3. The location of existing utility poles along Depot Lane should be verified. The relocation of an existing pole at the entry of Dennis Road may be required. 4. Any encroachment by a proposed Road & R.O.W. extending into or bisecting the existing LILCO easment nust be approved by LILCO. 5. The eastern half of Dennis Road is noted as future. All roads should be constructed in there entirety. 6. "Profile - Dennis Road" - A. Station 6+0 to 7+80 is graded away from the site. This grade should be sloped into the site so that all surface water runoff is controled on site. B. Station 4+11 is noted "Ji. Dennis Court" - It should be noted " lt Corby Court". ~ 7. The pavement at each Cul-De-Sac should have a mini outside radius of 44 feet. lli @ lli ~ \Yl lli ill DEe I 6 1991 rn ~ ~ << BENNETT ORLOWSKI, JR. DECEMBER 12, 1991 PAGE 2 8. The Quantity and location of Fire Wells should be coordinated with the local Fire Commissioners and shown on the map. 9. Street Trees as per Town Specifications should be shown. 10. Screen Planting around the outside of the Chain Link Fence at the Recharge Basin should be indicated. 11. The Quantity and location of required Street Lights (if any) should be coordinated with the Planning Board and shown on the map. 12. Concrete Survey Monuments should be placed at all prominent locations and points of curvature so as to completely define the proposed road right of ways. If you have any questions concerning this review or if you need any additional information, please contact my office. cc: Raymond L. Jacobs file '"0"'?1 ~ ~. Richter, R.A. ~ I ] PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 De.c. Ib ,19 '1/ Suffolk County Planning Commision H. Lee Den3ison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - Corb~ ~(Kair~~Hamlet/Locality C?d-c.l"'"'GlJ(. S.C.D.P.W. Topo No.: Zoning 10M- 11\,Jtf>'l,,,r Ifl..""",- c4.,." 77,(fc::. de. , 1 I S.C. Tax Map No.: Major Sub. L 1000 - Ofb Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: Preliminary Plat (3 V'...(CI'l1 copies) ~Road Profiles (1) Drainage Plans (1) Topogroaphical Map (1) Site Plan (1) ___ Grading Plan (1) ____ Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED [ r I REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an ~Unlistedj (Type I) (Type II)Action. 2. A KNegative Declaratio~ (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (Yes)~ 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) ~ Comments: '3 co~\e S { 1'(Q9. ""Of qe; fPA Vf')v~ { 12-\ ~\91 tef'Olt. We request acknowledgement of receipt of this referral (Yes) ~ 19 Planning Commission NO. Referral received by Suffolk County and assigned File Very truly yours, Be~~~~J Chairman ._/r ) CUTCHOGUE FIRE DISTRICT Cutchogue, N.Y. 11935 . UU0F"1 L~ ;?~ fL1S Telephone (516) 734-6907 December 9, 1991 rc~Pt Mr. Henry E. Raynor 320 Love Lane Mattituck, N.Y. 11952 Subj; Corby Park Fire Well Dear Mr. Raynor, With reference to your letter of December 3, 1991 requesting the use of an existing Farm Irrigation Well to satisfy the requirements of a Fire Well on the Corby property. The use of a Farm Irrigation Well for fire protection and its use has been discontinued for many years. All the specifications set forth by the District and are on Planning Board. is unacceptable wells must meet file with the The well requirements for the Corby Park previously sent to the Planning Board are withstanding. If you have any further questions, please advise. Very truly yours, Board of Fire Commissioners ?11dk ~ Matthew J. Martin Secretary CC; Southold Town Planning Board ill m @ rn 0 Wi ~ W DEC I 0 1991 SClllflKlU) RlWN ruNNING BOARD . . 024bFi LE 11Vf6 HENRY E. RAYNOR JR. 320 LOVE. LANE MATT ITUCK, N. Y. 11952 DE:.C. 8, 1991 TO: SOUTHOLD TOWN PLAINNING BOARD RE: PLANNING BOARD LE.TTER O~ NliV. I::', 1991 -n de- Groot ( 1000-96 -0'1 -01 ) ENCLOSED HEREWITH ARE AMENDED PRELIMINARY MAPS REFLECTING fHE CHANGE.S YOU HAVE. REQUESTED IN THE ABOVE REFERENCE.D LETTER. THIS LETTER IS ALSO TO SERVE AS AUfHORIZATION FOR MYSELF TO PROCEED TO REPRESE.NT THE. TIDE. GROUP, AS ONE OF THE OWNERS IN TH I S PROJECT. THE METES AND BliUNDS DE:.SCRIPTION REQUE:.STED IS ALSO E:.NCLOSED. PLEASE SET fHIS SUBDIVISION FOR fHE EARLIEST POSSIBLE HEARING. THANK YOU, ~ · 2/ HENRY E. AYNUFl JR. FOR THE:. TIDE GROUP \n}1 ~ ~ U W ~ ~ ~U\l . -11991 l~ PetONIC SURVEYORS, P.C. · P.O. Box 909 54655 Main Road Southold. N.Y. 11971 516.765.5020 FAX 516.765.1797 John T. Metzger. l.S. 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 bounded and described as follows: BEGINNING at a point on the northeasterly side of Depot Lane at the westerly end of a curve connecting the northeasterly side of Depot Lane with the northwesterly side of Middle Road / CR 48; RUNNING THENCE from said point and place of beginning along the northeasterly side of Depot Lane North 38 degrees 53 minutes 30 seconds West a distance of 1034.12 feet to a point and lands now or formerly of Mildred Goodwin; THENCE along said lands North 47 degrees 27 minutes 40 seconds East a distance of 360.62 feet to a point; THENCE North 39 degrees 16 minutes 00 seconds West a distance of 1082.67 feet to a point and lands now or formerly of John P. Krupski; THENCE along said lands North 45 degrees 27 minutes 50 seconds East a distance of 367.92 feet to a point; THENCE continuing along said lands now or formerly of John P. Krupski and lands now or formerly of Frank McBride South 40 degrees 47 minutes 30 seconds East a distance of 2171.40 feet to a point on a curve on the northwesterly side of Middle Road; THENCE along said curve to the right having a radius of 5669.58 feet a distance of 718.04 feet to a point and the beginning of a curve to the right; THENCE along said curve to the right having a radius of 74.25 feet a distance of 120.23 feet to the terminus of the curve and the point and place of beginning. Containing 29.1093 Acres. ill ~ @ ~ ~WI.CI. ~ ill. ~ ll' 1,1 ('\ ~ ,': u DEe - ;J. [1[1= (13 0'=11 11:U~j f' . .....:. ..., ) . .:Stu8F'i Ui ,Pel /11-6 LONG ISLAND LIGHTING COMPANY I ~!:.'!91 ,,45 Ih'oad Hollow Road, Melville NY 11747 (516)391-6127 November 27, 1991 Mr. Henry E. Raynor Jr. 320 Love Lane Mattituck, NeW York 11952 RE: p~cposed Development, cutchogue Dear Mr. Raynor: In response to your letter of s'.,ptember 16, 1991, LILCO has no objection in cc-nstruction of th,:; proposed road which inlpacts our easement provided there are no lrade chang.:s. At present, the grade of the field is b~low tha: of Depot lane and the new road must maintain thE: same ,.rade as the field otherwise we may need an ,~dditional pole at midspan t.) raise the conductors. "Attachment ?," "'" also included which provides for additional rest.rictions. Very truly yours, ~ ,() // .b' ,'7 " /. ... -VI It: ~Ct?,:.~.eL?~-;-r /J'an'R. GarigliaQO nivisiQn Manager Real Estate Department JRG/pm-2390 00 11m ~ u WI ~ mil 1)/1 n,......... ,,' i l:J ,;'; , .. SOUTHOLD TOWN PLANNING BOARD ~~es of L~ Property ~~rict1or.s and Requirements Depot L.t\fle - C ..,rd, "'.;J..e Description Q.-'o'""tJ:::U.flt.:;.A<.J!.t.'rl,,,..d 211.11 ,,", "'-"~~~~63'-~~1 11=00 '. Job Applicable ~ V 1 L 2 V 3 V 4 * -L 5 ~ 6 _1i' 7 -L 8 ~ 9 10 11 r .,.-, ')0'0:':'''''' p :: ( A'fTACIlNENT A Dnt.a 1/ hd'1/ , . Item Any grade changes "hall be submitted to Electrical Ensinepring for ap;.n)val pl:ior Lo illlplementation. C"ntrllctor must maintain a 15 ft. clearance between constructiOl1 equ!prlent and any LILeO conduceor. Complete construCt~Dn drawIngs shall be submitted to Elecrrical Engin~e~i118 for approval prior to start of construct1on. The counterpois2 (vr groundinG oy.rom) In addition eo all other tILCD facilities are ta b. protected from damage. In the event of \!a~~ser repairs ~hdll be made by tlLeo at the expense of tbe Coutractor. Mr. F Bel/a..f-oni sh"ll be l\otHied at leact ',",0 I.'eeks prior-CO' construction start. 11>:. P. J. Murphy st.all be kept advi$ed of any mat.ters atf.cti~g the waint_nance of rhe R.v.W. and his approv~l ~hall be l'equ1red as to sit~ condition before th. contractor shall be allowed to leave the Slte. LILCO sh~ll h~ve ac~ess at all times for repair Or maintenance or its facilities. LILCO's underground rights shall be maintllined. Patrol routes shall be kept clear for LILeD patrolling vehicles. A sHe plan shall b. submitted to Manager, Survey Division, Northport Power Station, to allov for the protection ot, or changes to, survey monumentation at ~h. site. AnI survey work will be paid tor by the Contractor. Any tempOl:arY_..l[guc~ures that wtlo.lld L. erectlld near LILeO vires must b. approvlld by LILCO Electrical Engineering befare their erection. 'A'COHnlerp{'lise vile!: are bare., J/8" d1,1tmeter, coppe.r colot'edt .and are usually buried 1811 below gradcj one wite 011 t4ch 6ide oi the tower line running from to'!Je:t to tvwer. .,..- ] . ouef/U; f6 fI1$ . HENRY E. RAYNOR JR. 32121 LOVE LANE ~lATT I TOCI{, N. Y. 11952 DEC. .:., 1991 TO: CUTCHOGUE FIRE DISTRICT COMMISSIONERS FROM: HENRY RAYNOR FOR CORBY PARK SUBDIVISION GENTLEMEN: I AM REQUESTING FOR THIS SUBDIVISION THE USE O~ THE EXISTING IRRIGATION ~ACILITY SITUATED AT THE LOCATION INDICATED UN THE MAP YOU HAVE RETURNED TU THE PLANNING BOARD. IF THIS WILL REASONA8LY I1lhET THE REQOIREMENfS UFTHE DISTRICT, WE WILL UPGRADE THIS FACILITY ACCORDINGLY. . THANK YOU FOR YOUR CONSIDERATION. YOUR TRULY, H:~~~ FOR CORBX PARK/TIDE GROUP INC. fn)1 ~ @ ~ U ~ ~ ~! ~UU OEC- 6- I@ CC SOUTHOLD TOWN PLANNING BOARD , COUNTY OF SUFFOLK .. ~nU; J'v/S PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING December 3, 1991 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary__X__ Final Plat Name: Preliminary Plan of Corby Park Location: Northeast corner of Middle Road & Depot Lane, Cutchogue, Town of Southold. Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: 3 copies of preliminary map showing lot areas. Very truly yours, Arthur H. Kunz Director of Planning ~LD TOWN PlANNING BOARD sls Frank Dowling, Sr. Planner Subdivision Review Division File: S-SD-91-15P FD:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 9 for complete referral requirements. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I" NEW YORK 1 1 788 (516) 360-5192 .'''I'~ 4 cpfj~~UFFCIl;~~, \y~~'Y ~"I, /,,:::- ~ \\ IJ' ::, l,' ~ ',' i'~ '.'.} - , N ..,'" L' .;a: "~" t). \>': '~::,! ,." (, \~~~:.: .,~~~/' ~_~:. ~_{i:Li_i --<'-<.:.?:GXr(P' ~ . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards seOTI L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 Decp.mber 6, 1991 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision Corby Park Zoning District: LIO Cutchogue SCTM* 1000-96-1-1 Dear Mr. Raynor: Enclosed please find a copy of the December 3, 1991, correspondence from the Suffolk County Planning commission. As indicated in this correspondence, the referral is incomplete because the preliminary maps do not show the lot areas. Upon submission of five (5) revised preliminary maps the Planning Board will make the necessary referral to the Planning Commission. The preliminary hearing will not be scheduled until the Planning Board has received the items stated in their November 15, 1991 letter (copy enclosed). Please contact this office if you have any questions regarding the above. Very truly yours, /~Jtbrt?~(67n4( '/ Bennett Orlowski, Jr. . " . Chairman / 4?'5 enc. .COUNTY OF SUFFOLK · ~t/!>nU;: MS PATRICK G. HALPIN SUFFOLK COUNTY E:XECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING December 3, 1991 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary__X__ Final Plat Name: Preliminary Plan of Corby Park Location: Northeast corner of Middle Road & Depot Lane, Cutchogue, Town of Southold. Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: 3 copies of preliminary map showing lot areas. m ~;~5niS: ~ WI Very truly yours, Arthur H. Kunz Director of Planning SOUTHOLD TOWN PLANNING BOARD File: S-SD-91-15P FD:mb sls Frank Dowling, Sr. Planner Subdivision Review Division NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 9 for complete referral requirements. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI.. NEW YORK 11788 (:11 (j) 36o-S 192 ( ~. PLANNING BOARD MEMBERS Bennell Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box I 179 Southold. New York 11971 Fax (516) 765-1823 November 15, 1991 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision Corby Park Zoning District: LID Cutchogue SCTM# 1000-96-1-1 Dear Mr. Raynor: The Planning Board has reviewed the preliminary maps dated October 10, 1991. The following information/revisions must be submitted before the preliminary submission will be deemed complete: 1. Authorization from LILCO allowing the proposed road to be located within the LILCO right-of-way. 2. The metes and bounds description of the property. 3. A letter from the other members of the Tide Group authorizing you to act on their behalf. 4. The correct Zoning District must be stated on the map. 5. The building envelopes are to be shown for all lots. The front, rear and side yards are also to be indicated. All lots are to have access via the interior road. 6. The Tide Group will be required to construct Dennis Road is its entirety. Therefore, the designation of the extended section as a future road should be deleted. --~~- ,( ec .. 7. The location of the LILCO poles within the LILCO right-of-way must be shown on the map. 8. The area of each lot must be indicated. The maps have been forwarded to the Suffolk County Planning Commission and the Engineering Inspector for review. The preliminary public hearing will be scheduled upon receipt of the information listed above, the report from the Planning commission and an approval of the drainage plan and road profile from the Engineering Inspector. Please contact this office if you have any questions regarding the above. Very truly yours, 1J.J'JY^itr()~{,t~) ;J Bennett Orlowski, Jr.j7I.~~ Chairman . . , PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards ~[jJ:j'-'--::D>-<>-t #\\'l>IlHOl.t ~~ "~'V~.& ~'\ Ii"" . . ~" \,r::' P;,' ~ ~" \~ ~~. .... . ;". r, ~ \.~. ' trl (; i::' \,_" ~'\' , 4:. ..... ,', ?" ~O' -::.,<::;~~,r ~ './. rlr ~,{)Y' ?;;J-~...o:c,'" SCOTT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 29, 1991 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Fire well location for Corby Park SCTM #1000-96-1-1 Dear Mr. Raynor: Enclosed please find a copy of the map indicating the fire well as requested by the Cutchogue Fire Department. Please include this on your final maps. If you have any questions, please do not hesitate to contact this office. Very truly yours, ~1"vMtf OJ&1~( /1, Bennett Orlowski, J~ ~S Chairman Enc 1. I~, I I I / I I \ @) , / , I , '1/ \ I ~ ~ ) ~:v # S-v :. ~." I . '" / ,~~ tt +9D~ -1.-;: I +;" Zt' ~OO'6~ I 06-11' 6- Ct, I J i + ~ II ,,- '" :c "- II -l: ~ Co,' iii ~ <.; ~ , \ ~@ (t)~ '" (l . q , '" " ~ 0' r'\' { '. \. ,., 1'h'1"'1,\ II II ~ ------ '~~f\\ - ~ ::J~ .~~.;;;;------ ~ ~~. O;:;lij-- -4" :.... . ~~ \ \ .i1 5t> "tJ,. ,~~ '/~ -~/NN~N , L1> ,.:yO ---/<4 . fj-p. I!~ i ,I -../ I I / . / I_,JJ / t.r~/ '" -~~ ~ 6y ~ ~ & ~ ~ @l~ .\0 '" ... O' '" \ Y0,\~ .,t .b :'-.... . ~ .') ~ ~llO:J .;/ . - t-.t ",' or!';" / i,io .-' 't: CO ,,<11 C /;~'W ,t9~.,.tQ / ;>/9h .. 0 7 ';"-::< v/ f5,. / // ~'0/l / / ) I JIr ( ~ &, 1/ / - ... . , , (UTCHOGUE FIRE DISTRICT Cutchogue, N.Y. 11935 ~ ~ (E' P8 r4S Telephone (516) 734-6907 .. o. November 21, 1991 Mr. Bennet Orlowski, Chairman Southold Town Planning Bd. Town Hall Southold, N.Y. 11971 Ref; Corby Park fC-/-1 Dear Mr. Orlowski, Reference the above properties, it is the opinion of this board that a new fire well be placed as marked by an X on the enclosed drawings. The Fire Well is to conform to our specifications and be equipped as follows; 1, 20 H.P., 3 Phase, Submersible pump capable to deliver 400 GPM at 10 PSI discharge at center of tee at top of well. Pump shall be of submersible turbine type, equipped with grease packed bearings in bowl assemblies. The bowls shall be of a smooth finish design to guide the water from one stage to the next with a minimum of turbulence. . 2. Top of. the well is to be finished off with an 8" x 4" well seal. 4" galvanized tee and plug, and 4" x 4-1/2" solid brass ferrule and cap. The hose threads and hydrant wrench nut shall conform to the standards of the Cutchogue Fire District. If you have any questions, please advise. Very truly y~ours, /) ;//1 /!Jttz:tt(la~ ~/L Mathew J. Martin Secretary 00 rn@rno\VJrn rn NOV 2 2 1991 SOUTHOlD TOWN PlANNING BOARD mjm/encl. III ~7Iq, r::i (e... -clS,4.(.(.,+ (t- sd:41l; H-ed MOLp u);~ (10 ((~c*l?& ~'oN, _TCHOGUE FIRE DISTRICT Cutchogue, N.Y. 11935 . 3J.PA LE P8 rtts Telephone (516) 734~907 November 21, 1991 Mr. Bennet Orlowski, Chairman Southold Town Planning Bd. Town Hall Southold, N.Y. 11971 Ref; Corby Park Dear Mr. Orlowski, Reference the above properties, it is the opinion of this board that a new fire well be placed as marked by an X on the enclosed drawings. The Fire Well is to conform to our specifications and be equipped as follows; 1, 20 H.P., 3 Phase, Submersible pump capable to deliver 400 GPM at 10 PSI discharge at center of tee at top of well. Pump shall be of submersible turbine type, equipped with grease packed bearings in bowl assemblies. The bowls shall be of a smooth finish design to guide the water from one stage to the next with a minimum of turbulence. 2. Top of the well is to be finished off with an 8" x 4" well seal. 4" galvanized tee and plug, and 4" x 4-1/2" solid brass ferrule and cap. The hose threads and hydrant wrench nut shall conform to the standards of the Cutchogue Fire District. If you have any questions, please advise. V_ery truly .y~ours, . 11_ J!JL ,~A ~L Mathew J. Martin Secretary mjm/encl. rn .22. 00 moomowm ,II J.S/q\ I vJO '''''''?'" s..,\,"',#,^. i='<>c,", ~ho"'e~ ~i<<ere,,* IOc<....+;cl'\l (.,r .Q(~w{l\. (kVE?. mo.-p.s. -\z; -;:r0<.fl~ 1,lcJO$ -t& ai lie. -to) hey- hV-">bc.Nd. 46r c.\""';{\("-\'oN, " ~ PLANNING BOARD MEMBERS Bennett Orlowski. Jr" Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 SouthoJd. New York 11971 Fax (516) 765-1823 November 15, 1991 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision Corby Park Zoning District: LIO Cutchogue SCTM~ 1000-96-1-1 Dear Mr. Raynor: The Planning Board has reviewed the preliminary maps dated October 10, 1991. The following information/revisions must be submitted before the preliminary submission will be deemed complete: 1. Authorization from LILCO allowing the proposed road to be located within the LILCO right-of-way. 2. The metes and bounds description of the property. 3. A letter from the other members of the Tide Group authorizing you to act on their behalf. 4. The correct Zoning District must be stated on the map. 5. The building envelopes are to be shown for all lots. The front, rear and side yards are also to be indicated. All lots are to have access via the interior road. 6. The Tide Group will be required to construct Dennis Road is its entirety. Therefore, the designation of the extended section as a future road should be deleted. ,~ ~ ~ 7, The location of the LILCO poles within the LILCO right-of-way must be shown on the map. 8. The area of each lot must be indicated. The maps have been forwarded to the Suffolk County Planning Commission and the Engineering Inspector for review. The preliminary public hearing will be scheduled upon receipt of the information listed above, the report from the Planning Commission and an approval of the drainage plan and road profile from the Engineering Inspector. Please contact this office if you have any questions regarding the above. Very truly yours, ~/II/I1.lr()duu~) ;J Bennett Orlowski, Jr.~l.~~ Chairman .~... I , PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 197 I Fax (516) 765-1823 /JDlfem bf'f2.. 15 ,199/ Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - Corby 'l\rk S.C.D.P.W. Topo No.: S.C. Tax Map No.: 1000 - Major Sub. X' Minor Sub. Hamlet/Locali ty (' ",UOJ 11 f'. ( Zoning L~hr Idv~+rwl H.rk:. I p/cmMJ Olk.e. Rtf I L 10) I I crb Site Plan Cluster MATERIAL SUBMITTED: x&.-\a\ 10/101"11 X&;jzJS'/3cIqo Preliminary Plat (3 copies) Road Profiles (1) lCYIl'f~' "'-'P') Drainage Plans (1) Topogroaphical Map (1) ____ Site Plan (1) Grading Plan (1) Other materials (specify and give number of \ (' ,. J!" \ ~ .~ il C I p .. r I (I) ?1!Wm.i.",'Q Ba\((~" N(~,,,-\,\jQ. \JeC.\o..f~~C"t'\ ,,+e&r i?ll~ho Waiver of Subdivision Requirements - See attached sheet CONTINUED , ~ REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an ((Unlisted)! (Type I) (TYpe II)Action. 2. A UN;gative Declaration)) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (Yes)-~ 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) ~. Comments: We request acknowledgement of receipt of this referral (Yes) ~ Referral received by Suffolk County and assigned File 19 Planning Commission NO. Very truly yours, a~ (J~~/ Il Bennett Orlowski, Jr. ? ""'S Chairman -- ..,,~~ ___"L._ "C/.'. "'J ", '.. ~ ..~" .,- . '~:'~\' ."'" i:, '..~ . .~~ 'J' ...." ." '~. 1.'" .(' .~:J:, ,.I _.~: - ~. ti 2 ,~\, .... ~ $" ".-" . ., ....j 00-'- 1 ;.J .... _..... ~ '" V';' ',.. ",'. ,-';; .,/. .....- ",-< '",. "'n .,. -:,,, ..(/ ~;),;;:;Y -. fY .- PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765.1938. PLANNING BOARD OFFICE TOWN OF SOUTH OLD 3tdte Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 August 14, 1990 This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Dennis K. Corby Major Subdivision SCTMlI: 1000-96-1-1 Location: Northeast corner of Middle Road and Depot Lane in Cutchogue. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Subdivision of 29.11 acre parcel into 8 lots in the Light Industrial Park/Planned Office Park District. Lots range in size from 120,000 square feet to 167,000 square feet. ~) _. Page 2 Dennis K. Corby SEQR Negative Declaration Con't. Reasons Supporting This Determination: An environmental assessment has been submitted, reviewed and it was determined 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 received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because the New York State Department of Environmental Conservation has responded and that agency has no objection to the Planning Board assuming Lead Agency status and in addition, had no comments on the subdivision. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Dave Morrell, DEC Commissioner Judith Terry, Town Clerk Applicant , PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards .(,oi/I[::':;:-?: .'--;~( pf!~~llfFDl~ ti~ il)!':>.'.;... ~" i.Y..~.....'..~.' ....... " ~. '\\.t... \,. i5 .' '. =-' ": en r,!: - . .;: )~; \'-. ~(I ~ ":;:;~ ..:;;:; "., A. ~, .... '\ -~ ,~"., ~IfOl :::+ i:~!0;J' ~<<<z:::y;.o;1f' . ~ . SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 IIIUI/b1l1 bt /2... /5) 19 '7/ Mathew Martin, Secretary Cutchogue Fire District New Suffolk Lane Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find (2) surveys ir i1-e. Yl'\<<Jor s'ubc9",:c;.,'",,^ J;. Ce,'v.{ rc,rk-.~lh.i, 'f>"'(a\ i,,> Incott..A ~f\ a. l..,~v.'rr.",f)0<."rr",J.te1rkl ? 4nt\ed Of'+." <: l'G..." tns'iricT Please notify this office as to whether any fire wells are . needed. Please specify whether shallow wells or electric wells will be needed. Please reply by -.G:..l R cooperation. ,1991. Thank you for your Very truly yours, ~a~ /l Bennett Orlowski, Jr.'~' Chairman /fl1J enc. , PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards ,rf~'1,UfFOl.t ~ Ii'$:)'-,; ~ ,(i~ I ~ e::;:, (,', ~ ~,o '""{ . '1< en . \4~ \'. "." '.....I:.,~ \~. ..~. 'OJ ,.'". ~~~-~. -;... '~ SCOTI L. HARRIS Supervisor . f '.i7:;',r, Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New Yark 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 l\)o~e1'Y\~R. is ICjC1/ I James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 " Dear Mr. Richter: Application Name: Tax Map No.: Street Location: Hamlet Location: The Southold Town Planning Board hereby refers the following application for your review. QO(I:,.,~ -pq(~ 1000- b-I-I A k, r\h.e r, S T c,- o.j: 1l'1.j{J( ~ i(or; {(J <l- c,.,pc; t LCiI'I-€. ('..., tL\-'''~ \ ) e. \l Type of Application: Sketch Subdivision Map (Dated / / ) f< Preliminary Subdivision Map (Dated ,0/ 10 /0.., ) Final Subdivision Map (Dated / / ) X Road Profiles (Dated 'i? / :X' /90 ) Gradinq and Drainaqe Plans (Dated / / ) )( Other 1".8'<., k-t\-~R (Dated II / IS /91 ) Sketch site Plan Preliminary Site Plan (Dated (Dated / / / / / / / / Grading and Drainaqe Plans Other Comments: 2' ~~ (~(aJ.^+ (It('u:n(,{~frZ -\;'>\.1 ILL'l'\MA\--,,-u _, '" ~ . _ 1 - \ (Dated (Dated (,)1j -LJ-{~Ul- V ct Contact person:~pQ;<.<:.CJ ~lP(' -~- SERVI~i~.R , r;::yu6H'--E ;l1$, .......,- {O~ ~( py F /&1-v,. ~ n """" ~ f4 . a (,"1n.oY 1- -g(-ol- 0 I ~~. ~~PJ, 1~ 1 -c4(~ ~~ p1 L-r n ILl.: ~ ' u . ~. '-^'''-' a ' ~~ 1- fD) m 00 mow rn ,Ifill \Jl1 t<<1I - 4 1991 ~ i I SOUTHOlD TOWN I PlANNING BOARD : . ~i,j/f[/;:/-: "-'>h_ ,1jj:'I,,\\HOl~- "00,,, ,;' ~" "a';C .r.~ ~\l /,1'3 -2" ! ,':;I ~ :~.; y) ::'~ (' [\ v-: r;:; ,', "\0' .'/':"" "0, ~~.t . ,- I ''\ 'olf> . ,,'O.'c::,~ -~~, r.:.[ .:Jr r . -:-<>"2G:::;j;f:; t PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 July 16, 1991 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision Dennis Corby SCTM# 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 15, 1991. BE IT RESOLVED that the Southold Town Planning Board grant a six (6) month extension of sketch approval from June 25, 1991 to December 25, 1991. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, B~::::?C/!(d:/~~ Chairman . . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 April 2, 1991 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Dennis Corby SCTM* 1000-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 1, 1991. BE IT RESOLVED that the Southold Town Planning Board grant a retroactive six month extension of sketch approval from December 25, 1990 to June 25, 1991. Please contact this office if you have any questions regarding the above. Very truly yours, LFtU~'ld . 41I} Bennett Orlowsk~, Jr. Chairman _ ~~~;;.~":;~;,;.J~_-...;~_~:..,.......-:*..~;.lw.:~~':"';~~f.._~~::..~;;;:..,.;:~...,-~,:.u.-:.,::;iii...::',~.,..wJ<; :,i~;':i~:~~'-i;";;';)~~~; ';i1~?~(:':;'--~<j:~i'~,'~';i.~~:'>>'~; ,jli;. :/ "-v.," "j".;.",' .~]t '_". "_L~ . ,..~.,. ,jiC'~ ';f~L;j;:;'... " "IAR 15 '91 12: 08 P.! " , ~t6' I1S 'llikCH 15, 1 'j91 TO: SOUTHOLD TOWN P~ANNING iUARg FROM: HENRY RAYNOR MAR , ~ 199\ R~: MAJOR WUiDIVIS1UN uF DENNIS CURB. Ildlllld-':lb-:!'-l ~s AGENT ~Ok TH~ AloVk CAPTIUN~D SUiDIVIWIUN, I HEREBY RE~UEST AN EXfENSIUN UF riME UN THE APPRUVEU SKET~H PLHN. WE ARE IN THE PROCESS OF COMPLETINU THE PRELIMINARY MAPS. AS A RESULT OF THE DEMISE OF MR. CORBY, WE HAVE ENCOUNTERED SOME DELAYS THAT MAKE THIS REQUEST NECESSARY. SHOULD YOU HAVE ANY QUESTIONS, PLEA&E,DO NOT HESITATE TO CONTACT ME AT 298-8420. THANK you. MAR I 5 199\ I, L...~,-,-,-, ...- . ~':' ~ ;_.. -....-,.-.---. l . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938. PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 1990 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision of Dennis K. Corby SCTMlIlOOO-96-1-1 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 13, 1990. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, ~tfJ~., d, Bennett Orlowski, Jr. ~L ~J Chairman Encl. - -----.......- -- l . PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938. PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance August 14, 1990 This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article B (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Dennis K. Corby Major Subdivision SCTMlI: 1000-96-1-1 Location: Northeast corner of Middle Road and Depot Lane in Cutchogue. SEQR Status: Type I ( ) unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Subdivision of 29.11 acre parcel into B lots in the Light Industrial Park/Planned Office Park District. Lots range in size from 120,000 square feet to 167,000 square feet. _ T-- -r ~~. . . Page 2 Dennis K. Corby SEQR Negative Declaration Con't. Reasons Supporting This Determination: An env~ronmental assessment has been submitted, reviewed and it was determined 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 received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because the New York State Department of Environmental Conservation has responded and that agency, has no objection to the Planning Board assuming Lead Agency status and in addition, had no comments on the subdivision. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Dave Morrell, DEC Commissioner Judith Terry, Town Clerk Applicant l $~( ... M.~ .. ~ ~ t/l...f/9D New York State Department of Environmental Conservation Re: LEAD AGENCY COORDINATION RESPONSE OeYl";,f Ie Cor by /1lqJ c!"' s~6o/,~/J;b'~ R-rm 11 1-., - '11-/-1 Dear )IYlF. r,,;"o This letter responds to your communication of .J(.,/l," 2.&) /'i'7/) , regarding lead agency coordination for the above-noted project, under Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The Department has the following interest in this project: DEC Permits (if any): DEC Contact Person: i).,qv;o r. ;fflor~J) SEQR Classification: [J Type I V(J Unlisted JUL - 3 19C'1 DEC Position: ~"'- Based on the information provided: ['(1" DEC has no objection to your agency assuming lead agency status for this action. ] DEC wishes to assume lead agency status for this action. DEC needs additional information in order to respond (see comments). ] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: ] see attached !-'<::! none If you do not concur with the DEC position indicated above, please contact this office to resolve designation of lead agency within the time allowable under Part 617. Please feel free to contact this office for further information or discussion. 1):::;; J. r;/~ cc: (attach distribution list) lik .......... .... ( I Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 311NE :1.6} 1990 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: l)p",\"\\c... k. CM\..,J /'fI...~orz. <;'u'b6h",',o1\J s.c.,In.oj- 11100 _ cU._, -' I Requested Action: '2>Ub6~;SIClN ~ ~<t.~ Acre ~fCC.\. ;N~ ~~ ~.::;~;<<~~~~ .~...t, ,,, ..0 ~fk /'f1qy\tv!~ ~lS\-s M~~ 1'-J <;i~4! .QRo>,Y'l \2.0,<>00tjl - 1~7} ,"DOt Classification: ( ) Type I ( X) Un-listed ~11'S5A S~ 120 (516)-765-1 38 SEQRA Contact Person: -~ f .. t ( The lead agency will determine the impact statement (EIS) on this project. the date of this letter, please respond have an interest in being lead agency. need for an environmental Within thirty (30) days of in writing whether or not you Planning Board Position: (~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. (See comments below). Comments: Please feel free to contact this office for further information. Sincerely, ~~i Bennett Orlowski, Jr. ~J Chairman cc: Bgara sf ~~p8alG ~g&rQ gf Try~~ggs BHilai~'Be~aE~eRt Southold Town Board ~Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook WYli];)Ii:C 1l1b:aWI S.. C.. Dept.. af l?bll31ic Uerlt3 Y.a. Army Csrp of ER~iRecrs ~l. Y.. g.. Dept.. of Tratu.:pgrta'tiga * Maps are enclosed for your.~eview Coordinating agencies .- . . Telephone (516) 765-1938 SCOTT L. HARRIS Supervisor PLANNING BOARD MEMBERS Bennen Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823. June 26, 1990 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Major Subdivision of Dennis K. Corby SCTM* 1000-96-1-1 Dear Mr. Raynor: The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Monday, June 25, 1990. RESOLVED that the Southold Town Planning coordination process on this unlisted action. lead agency status and in that capacity makes determination of non-significance. Board start the The Board assumes an initial RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated June 1, 1990 with the following conditions: 1. The location of the LILCO poles must be noted on the map. In addition, authorization from LILCO allowing the proposed right-of-way to be located within the LILCO right-of-way must be submitted. 2. The drainage calculations must be revised to be for a 6" rainfall. Sketch plan approval is conditional upon submission of preliminary maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. . . Page 2 Dennis K. Corby The preliminary submission must include road profiles and drainage plans. The road profiles must be for a 28' road. The cul-de-sacs must be designed to provide a proper turning radius for tractor trailers 60-65' in length. These maps will be forwarded by the Planning Board to the Engineer for review. Please note that upon submission of the preliminary maps, the Planning Board will refer this subdivision to the Suffolk County Planning commission for their review. You will be notified should the Suffolk County Planning Commission require any covenants and restrictions. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, B~~1:::f I ~f Chairman ~:~. ----- ------0::--'-, f I ~ ue,tz:, r...s- I1S P. O. Drawer A Jamesport, NY 11947 June 8, 1990 Southold Town Planning Board Main Road Southold, NY 11971 RE: Sketch Plan for Dennis K. Corby 1000-96-1-1 Dear Sirs: Please find enclosed the sketch plan for Dennis Corby which has been revised per your request. Please schedule this for sketch approval on your next available agenda. i~r.~~~< HER:ml Ene. CC: Dennis Corby \ \ \ " , . f \ -' ~,-~ -, . . . Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 SCOTT L. HARRIS Supervisor Fax (516) 765.1823 Telephone (516) 765.1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD - March 28, 1990 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Major Subdivision for Dennis K. Corby SCTM# 1000-96-1-1 Dear Mr. Raynor: The Planning Board reviewed the above mentioned subdivision proposal. The Board requests the following revisions. 1. Land for drainage purposes must be shown on the map. Drainage calculations must also be included. 2. The land in the LILCO right-of-way is not to be included as buildable land. 3. The access onto Middle Road (C.R. 48) is to be eliminated. 4. A tap road is to be shown to the adjacent parcel which is shown as land now or formerly of Frank McBride. This tap road is to be located so that a four way intersection is created with the proposed access road. 5. The building envelopes for Lots No.1, 2, 3 and 4 are to be shown, establishing the front yards off of the proposed road, rather than Depot Lane. 6. A buffer, of at least one-hundred (100) feet, is to be shown along Middle Road and Depot Lane. 7. The zoning district shown on the map must reflect the proper zone, LIO, not C-l as is currently shown. .... ( I In addition, the following information is missing from the file: 1. Authorization from the owner of the parcel for you to act as agent. 2. A metes and bounds description. Upon receipt of revised maps and the ab~ve mentioned items, the Planning Board will proceed with their review. Please contact this office if you have any further questions. Very truly yours, ~~,A/ 1 k" /14 Bennett Or ows 1, Jr. Chairman '\ ms __'_~"_'~;".' " -:.;;:'\Jt;~~:_:->tr,.L,,,.,", _""~,>,, - ~--= rn1 rn @ rn 0 I'j] ~. ., \ill NOV 21 1989 ~ sOUTHoiJili'i7ifl PLANNING S:\!'i:~ ,-\-~\ '1 ~~fro\ 1J\:o~. 6 -\-V- R-U,tlW' .~CL d~ -?;C';>0.bO ~o (' W'\b'l ~~lo'" ~ · LASER FICHE FORM · SUBDIVISIONS ,..........ww.w......,...."..,..."....',.."h, ....'.rjll..*'f.IJJ:.zJ .- - I iclie data! ___J SCANNED Proiect Type: Maior Status: Final Approval SCTM #: 1000 - 96.-1-1 Proiect Name: North Fork Industrial ParklTide Gro Location: Located on the nle corner of CR 48 and Depot Lane Cutchoque Hamlet: Cutchooue Applicant Name: Henry Raynor Owner Name: Dennis Corby Zone 1: L10 Approval Date: 1/10/2005 PLAT Siqned Date: I!:}.if!oj JU:~ 1 6 2008 Rccords 1\lJnagcl11cnt OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: LI Zone 3: C and R's : Homeowners Association: Rand M Aoreement: Address: County Filinq Date: SCAN Date: