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HomeMy WebLinkAbout35925-ZTown of Southold Annex 54375 Main Road Southold, New York 11971 6/7/2011 CERTIFICATE OF OCCUPANCY No: 34986 Date: 6/7/2011 THIS CERTIFIES that the building OTHER Location of Property: 28410 MA1N RD ORIENT, SCTM #: 473889 Sec/Block/Lot: 19.-1-1.4 Subdivision: Filed Map No. conforms substantially to the Application for BuilcYmg Permit heretofore 9/10/2010 pursuant to which Building Permit No. Lot No. filed in this officed dated 35925 dated 10/6/2010 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: poultry house as applied for. The certificate is issued to Cullinane, Maureen (OWNER) of the aforesaid buikhng. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 35925 4/22/11 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEP~RTMENT Town Hall Southold, N.Y. (THIS BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35925 Z Date OCTOBER 6, 2010 Permission is hereby granted to: MAUREEN CULLINANE PO BOX 35 ORIENT,NY 11957 for : CONSTRUCTION OF A POULTRY HOUSE PER LAND DEV. APPROVAL at premises located at 28410 MAIN RD ORIENT County Tax Map No. 473889 Section 019 Block 0001 Lot No. 001.004 pursuant to application dated SEPTEMBER 10, 2010 and approved by the Building Inspector to expire on APRIL 6, 2012. Fee $ 150.00 Authorized Signature ORIGINAL Rev. 5/8/02 Form No. 6 ~IL]~ ~'~ kw L% [/ ~/ I~ I~,~ TOWN OF SOUTHOLD 1113)1 ~"711 I BUILDINGDEPARTMENT III tray III I APPLICATION FOR CERTIFICATE OF OCC~~ This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-dispesal (S-9 form). 3. Approval of electrical installation frnm Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance'from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly ¢0mpleted application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $50.00, Additions to dwelling $50.00, Alterations to dwelling $50.00, Swimming pool $50.00, Accessory building $50.00, Additions to accessory building $50.00, Businesses $50.00: 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.09 Date. /~'~//l~'- ~// New Construction: ~' Old or Pre-existing Building: (check one) Location of Property: ~4/0 _~l~c f I.~ ~_ House No. Street Owner or Owners ofPropeny: HO ~-'_~:~,-} ~OLL[~,J }~.~L Suffolk County Tax Map No 1000, Section Subdivision Permit No. ~ Date of Permit. Health Dept. Approval: __/ /.~ Block O ./ Filed Map. Planning Board Approval: ttamlet Underwriters Approval: Applicant: Request for: Temporary Certificate Fee Submitted: $ Final Certificate: (check one) Applicant Signature Town Hall Annex 54375 Main Road P.O. Box 1179 Southold. New York 11971-0959 Telephone (631 ) 765-1802 Fax (631 ) 765-9502 toiler r chefS.town southold.n¥.us BUILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATE OF ELECTRICIAL COMPLIANCE SITE LOCATION Issued To: Maureen Cullinane Address: 28410 Main Rd City: Orient St: NY Zip: 11957 Building Permit #: 35925 Section: 19 Block: 1 Lot: WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: DBA: Custom Lighting of Suffolk License No: 38893-me SITE DETAILS Office Use Only Residential ~ Indoor ~ Basement ~ Service Only ~ Commerical Outdoor 1st Floor Pool New Renovation 2nd Floor Hot Tub Addition Survey Attic Garage INVENTORY ServiceService , ph ~ Heat3 ph Hot Water ~ Duplec Recpt ~ Ceiling Fixtures ~ HID Fixtures ~GFC, RecptWall Fixturesr~11'-----1 Smoke Detectors Main Panel NC Condenser Single Recpt Recessed Fixtures CO Detectors Sub Panel NC Blower Range Recpt Fluorescent Fixturel I Pumps Transformer Appliances Dryer Recpt Emergency Fixtures~ I Time Clocks Disconnect Switches Twist Lock Exit Fixtures ~ TVSS Other Equipment: poultry house and accessory building Notes: Inspector Signature: Date: April 22 2011 81-Cert Electrical Compliance Form TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION /< [ ] FOUNDATION 1ST [ ] ROUGH~BG. [ ] FOUNDATION 2ND [ _]~)ULATION [ ] FRAMING / STRAPPING [~FINAL [ ] FIREPLACE&CHIMNEY [ ] FIRESAf...~'INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT I~NETRATION REMARKS: DATE FOUNDATION (1ST) FOUNDATION (2ND) · ROUGH FRAMING & PLUMBING INSULATION PER N. Y. STATE ENERGY CODE TOWN OF SOUTHOLD BUILDING DEPARTME TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork SEP 1 0 2010 BLDG. Examined ..... tbq/~"~, 20 P ^pproved 20, O Disapproved a/c BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying'? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mailto: ~_/~.~J ~.,~,]~]~[~"~ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date~{~t~, 20 ~O a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a pemfit shah be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or lbr removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ISignature of~ppl~'cant or name/~f a corporation"~' · a, ~('Mailing ad'~rress of applicant)- - ~' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~~0 (*/~L/_. } O,~-~J ..... iAs on ~e-tax rofl or l~te~t 'deed) If applicant is a cor-poration, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Hamlet , Block ~l Lot Filed Map No. Lot 2. State existing use and occupancy ofpremises and intended use and,_occupancy,ofproposed constructiOn:a. Existing use and occupancy '~,,~-~ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building '~" Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost -'~-~ . Ol~l} Fee g~~ (To be paid on filing this application) 5. Ifdwellin line units Number of dwelling units on each floor If garage, number oLcars 6. lfhusiness, commercial or mixed occupancy, specify nature and extent of each type of use. ~ ~ t 7. Dimensions of existing structures, n a ~ny~.. ton . Rear Depth Height. Number of Stories -- ~'""'"'"'"---..~ Dimensions-of same structure with-~lte~ditions: Front Depth_ Height '"'"'"-------l:~mber of Stories Dimensions of entire new construction: Front &O Rear Height ~ ! Number of Stories I 9. Size oflot: Front - t .'- ' 10. Date of Purchase~Name of Former Owner Rear 11. Zone or use district in which premises are situated Depth _Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO _ / 13. Will lot be re-graded? YES NO dWill excess fill be removed from premises? YES __ 14. Names of Owner ofpremises~~~ . Name of Architect Address ~ ~-~"~ !( Phone No Name of Contractor Address Phone No. / 15 a. Is this property withi~ tidal wetland or a freshwat? wetland? *YES NO * IF YES, SOUTHOLD T~USTEES & D.E.C. PERMITi~'MAY BE REQUIRED. b. Is this property wit~ 300 fe~e.~of a tidal wetland? * YES I/NO * IF YES, D.E.C. PERMITS-~AY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topograpTal data on survey. ,/ 18. Are there any covenants and restrictions with respect to this property? * YES V NO · IF YES, PROVIDE A COPY. [.,'~, STATE OF NEW YORK) COUNTY OF & ~f"~ I~{~: ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the O C,L3 {r'~k~P V"' (Contractor, Agem, CorporateOfficer, etc.) of said owner or owners, and is duly authorized to pertbrm or have performed the said work and to make and file this application: that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be pertbnned in the manner set forth in the application filed therewith. Sworn tqbefore me th~ }, Nota~ PubF~ ~, .... ~N~SEDELL ~g u pp ,~ut~ry ~o01ic~s~le of New York ~o Oualifi~ in S~olk County Commission ~plms Sept. 29, ~ ~ i ~lsjOb re~dy for In6peetlgn: Temp'lnformation (ff needed}- ~e _~e:"-~. 3Phase ~ 1§0. 200 *New Sem~: Re-connect Underground Number of Met~m Additional Information: Rough In/" ,. ~' ' 300: 350 Change Of Service .PAYMENT DUE WITHAPPLIOATION. ;~ ~/( ~/.. 1~/~ P~,,,/~//~'~ 400 ' Other. Toxxn llall 3 1~17,5 Main I/oad I'.(). Box I17!) Noud~okl, N\' 11971-0!k59 rl'Olt,I)hlluc (G:}I) 7(L5-181)2 Fax (6;11) 76.5-9,502 1½1 IlIA)IN(; I)EI)~\RTMI']NT TOWN OF SOUTHOLD January 24, 2011 Maureen Cullinane PO Box 35 Orient, NY 11957 RE: 28410 Main Road, Orient TO WHOM IT MAY CONCERN: The Following Items Are Needed To Complete Your Certificate of Occupancy "'W Application of Certificate of Occupancy. (Enclosed) ~./' Electrical Underwriters Certificate. ~'~j A fee of $50.00. Final Health Department approval. Plumbers Solder Certificate. (All permits involving plumbing after 4/1/84) __ Trustees Certificate of Compliance. (Town Trustees #765-1892) __ Final Planning Board approval. __ Final Fire Inspection from Fire Marshal. __ Final Inspection from the Building Dept. __ Final Landmark Preservation approval. Building Permit:: 35925-Z poultry house Town Hall Annex 54375 Main Road P.O. Box 1179 Southold. New York 11971-0959 Telephone (631 ) 765-1802 Fax (631) 765 9502 BUILDING DEPARTMENT TOWN OF SOUTHOLD May 16, 2011 Maureen Cullinane PO Box 35 Orient, NY 11957 RE: 28410 Main Road, Orient TWO WHOM IT MAY CONCERN: The Following Items Are Needed To Complete Your Certificate of Occupancy: Application for Certificate of Occupancy. (Enclosed) Electrical Underwriters Certificate. A fee of 50.00. Final Health Department Approval. Plumbers Solder Certificate. (NI permits involving plumbing after 4/1/84) __ Trustees Certificate of Compliance. (Town Trustees #765-1892) __ Final Planning Board Approval. __ Final Fire Inspection from Fire Marshall. __ Final Landmark Preservation approval. BUILDING PERMIT: 35925-Z poultry house DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 22nd day of May, 2002, BETWEEN MAUREEN CULLINANE, residing at P.O. Box 35, Orient, New York 11957 party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, paxty of the second part; WITNESSETH, that the party of the first part, in consideration of FOUR HUNDRED TWENTY-FIVE THOUSAND ($425,000.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Orient m the Town of Southold, County of Su£fotk and State of New York, bounded as £ollows: DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 22nd day of May, 2002, BETWEEN MAUREEN CULLINANE, residing at P.O. Box 35, Orient, New York 11957 party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State~ of New York, party of the second part; , . WITNESSETH, that the party of the first part, in consideration of FOUR HUNDRED TWENTY-FIVE THOUSAND ($425,000.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by xvbich is meant the permanent legal interest and right, as authorized by section 247 of the Nexv York State General Municipal Law, as amended, to permit, require or restrict the use of the prenfises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Orient in the Town of Southold, County of Suffolk and State of New York, bounded as follows: DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 22nd day of May, 2002, BETWEEN MAUREEN CULLINANE, residing at P.O. Box 35, Orient, New York 11957 party of the first part, AND the TOWN OF SOUTItOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part; in consideration of FOUR HUNDRED TWENTY-FIVE THOUSAND ($425,000.00) lawful money of the United States axed other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT ILIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the Nexv York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or pm'cel of land, situate, lying and being at Orient in the Town of Southold, County of Suffolk and State of New York, bounded as follows: DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 22nd day of May, 2002, BETWEEN MAUREEN CULLINANE, residing at P.O. Box 35, Orient, New York 11957 party of the first part, AND the TOWN OF SOUTItOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of FOUR HUNDRED TWENTY-FIVE THOUSAND ($425,000.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the Nexv York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Orient in the Town of Southold, County of Suffolk and State o£New York, botmded as follows: BEGiNNiNG at the comer formed by the intersection of the southerly side of Main Road (NYS Route 25) and the westerly side of Narrow River Road; RUNNiNG THENCE along the westerly side of Narrow River Road south 26 degrees 30 minutes 36 seconds east, 1044.17 'feet to the comer formed by the intersection of the westerly side of Narrow River Road and the northwesterly side of Narrow River Road; THENCE along the northwesterly side of Narrow River Road south 34 degrees 48 minutes 36 seconds west, 945.21 feet to land now or formerly of Young; THENCE North 45 degrees 15 minutes 07 seconds West, 152.28 feet; THENCE North 34 degrees 48 minutes 36 seconds East, 367.28 feet; THENCE North 45 degrees 15 minutes 07 seconds West, 510.63 feet; THENCE South 63 degrees 44 minutes 53 seconds West, 382.63 feet; THENCE South 78 degrees 54 minutes 10 seconds West, 190.00 feet to land now or formerly of Taylor; THENCE along said last mentioned land and land now or formerly of White and Sabine, North 22 degrees 05 minutes 50 seconds West, 697.49 feet to the southerly side of Main Road (NYS Route 25); southe/~{y side of Main Road (NYS Route 25) the following tl~ree (3) THENCE along said courses and distances;(. 1. North 65 degrees 21 minutes 30 seconds East, 315.35 feet; 2. North 64 degrees 27 minutes 30 seconds East, 609.66 feet; 3. Easterly along the arc of a curve beating to the left, having a radius of 1604.28 feet, a distance of 309.66 feet to the comer first above mentioned, to the point or place of BEGINNING. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described prenfises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concemed. · TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND The party of the first part, as a covenant m~ming with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands actually used in bona fide agricultural 3 production as defined in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall mn with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. 4 THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazm'dous substances on the premises, nor allow others to do so; (b) comply with all of the Enviromnental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and held party of the second part and any of its officers, agents, einployees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs ,/and expenses which may arise out of (1) any inaccuracy or / misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. 5 'THE party of the first part hereby reserves a twenty (20) foot right-of-way for residential purposes including for ingress and egress ru~ming from Narrow River Road to seller's retained five (5) acre building area. Said right-of-way shall be located a minimum of one hundred (100) feet from the wooded tidal wetland edge and as shown on the attached survey. Seller reserves the right to improve and maintain said right-of-way with pervious material and with such drainage as may be required by applicable regulatory agencies, at her own cost and expense. This covenant shall run with the land in perpetuity. THE party of the first part hereby reserves a twenty (20) mot right-of-way fi'om Main Road to the retained five (5) acre building area for installation, maintenance and repair of underground utilities. Said right-of-way shall include the fight to install, maintain and repair such utilities as water, electric, gas and cable, and such other utilities or public services as may become available. Howev,~r, said utilities shall be buried at sufficient depth so as to not interfere with the contiiiued agricultural use of the property. Said right-of-way shall run along existing dirt farm road and be of sufficient width to accommodate all underground utilities as well as continued use of dirt farm road, for agricultural purposes. This covenant shall run with the land in perpetuity. IT is hereby agreed and understood by the party of the first part and the party of the second part that the farm road may cross the Development Rights property in its present location and may be relocated, as needed, as long as the road continues to be used for farming purposes. This covenant shall run with the land in perpetuity. THE use of this property shall be consistent with both the agricultural value and the scenic value of the property. Use of the property shall be conducted in a manner that does not detract from, or adversely affect the open space and scenic value that is protected by this development rights purchase and easement. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall mn with the land in perpetuity. THE following shall be a covenant rurming with the land in perpetuity subject to the Town receiving grant money from the New York State Department of Agriculture/ reimbursing the Town for the partial or total purchase price of this interest in land: "~.~1 amendments to the approved easement (the covenants and restrictions set forth in this Deed) must be authorized by the New York State Department of Agriculture". This covenant shall run with the land in perpetuity. THE following shall be a covenant rnnning with the land in perpetuity subject to the Town receiving grant money from the United States Department of Agriculture (USDA) Farmland Protection Program reimbursing the Town for the partial or total purchase price of this interest in land: "Contingent Right in the United States of America: In the event that the county or local government and approved co-holding land trust, if any, fails to enforce any of the terms of this easement [or other interests in land], as 7 determined 'in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the county or local government and approved co-holding land trust, if any, attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement [or other interests in land] without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement [or other interests in land] shall become vested in the United States of America. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part and the party of the seond part have duly executed this deed the day and year first written above. Seller: Maureen Cullinane Purchaser: Town of Southold RETAIN STORM WATER RUNOFF PURSUANT TO CHAPTER 236 OF THE TOWN CODE. .,C!, ~PANC¥ FEE: FOR THE 8 FOLt. OYVING If ~_ 1. :.L qREO - -. --~OR P( ELEC,F~ L;- ., ~AULKING ' ;~ '"T!CN ELECT~']AL BE COr~'PLE :Oq 0 NRTRUCTION )-AL', EET THE UIREMENTS Dr THE DES OF STATE NOT RESPON~ BLEFOR RRORS P.C. survey dated March 29, 2002 Youu6 Y4~v45~ NORTH Page 10 df26