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5 aQorJ�� �S COO 04 /,: //` i x BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 .RECEIVED lo:�o Af' 2/9 2015 t..G • uthold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 16, 2015 ZBA FILE: 6843 NAME OF APPLICANT: Peconic Landing @ Southold, Inc. PROPERTY LOCATION: 1205 NYS Route 25 (AKA North Road) (adj. to Long Island Sound) Greenport, NY SCTM#1000-35-1-25 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 6, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP. DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 144 acre waterfront parcel in the HD and R- 80 Zones. The property is improved with numerous buildings used in the operation of Peconic Landing a long- term, residential health care facility. It has 1509.77 feet of frontage along NYS Route 25, aka Main Road, as shown on the survey dated Apr. 03, 2014, prepared by Howard W. Young, LLS. BASIS. OF APPLICATION: Request for Variance from Article XXII Section 280-105 the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit to construct a tennis court fence, at; 1) more than the code required maximum 6 foot height when located in the front yard. RELIEF REQUESTED: The applicant requests a variance to construct a 10 foot fence surrounding two proposed tennis courts located in the front yard. Code allows 4 feet in height when located in a front yard of a residential zone and 6 feet in height when located in the front yard of a non-residential zone. ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board, in a memo dated February 10, 2015, the Planning Board responded with no comments to offer. At the hearing, the agent submitted a copy of the approval for the amended site plan. On September 9, 2014, the Planning Board approved the re -location of the two tennis courts with 8 parking stalls in the HD zone district. The tennis court fence was not part of the approved amended site plan. This property was granted a special exception for use of a building for an office, apartment and area for special events under ZBA#5949 on 10/5/06. And another variance was granted for the construction of a three story apartment building under ZBA#6591 on 12/6/12. Page 2 of 3 — April 16, 2015 ZBA#6843 — Peconic Landing @ Southold, Inc. SCTM# 1000-35-1-25 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 2, 2015 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The tennis courts are located 318.12 feet from NYSR25, and a variable distance of 190 +/- from Brecknock Road at its closest point. There is no indication that this proposed action of a 10' fence will disrupt any visual traffic entering this 145+ acre senior living facility. The tennis courts are for the exclusive use of the occupants of the property. - 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Tennis courts require 10 foot high fences to be functional and the code only permits a maximum of 4 foot high fencing in a front yard and 6 foot high fencing in a rear and side yard location. 3. Town Law §267-b(3)(b)(3): The variance granted herein is mathematically substantial, representing 60 %relief from the code. However, any location on a residential property would require a variance for the 10 foot fence, which is functionally required for tennis courts. The applicant has site plan approval for the location from the Southold Town Planning Board 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code 5. Town Law X267-b(3)(b)(5). The difficulty has been self-created. It was the applicant's desire to construct an additional three story apartment building where the tennis courts were originally located, knowing they would have to be re -located. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 10 foot fence surrounding tennis courts while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the application as applied for, and shown on the property survey dated Apr. 03, 2014 and the stormwater management plan dated Apr. 03, 2014 prepared by Howard W. Young, LLS., subject to the following conditions: 1. That the courts be unlighted and be used only during daylight hours. 2. That ground level security lighting is the only lighting that is permitted. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3 — April 16, 2015 ZBA#6843 — Peconic Landing @ Southold, Inc. SCTM# 1000-35-1-25 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Dante, Goehringer. Absent was Member Schneider. This Reso ution was duly adoL.p.d -0). Lesl'1e Kanes Weisman, Chairperson Approved for filing X /q/ /2015 B E 0 0 0 r 0 (1) UNAUTHORIZED ALTER4TION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDI' ON LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY ONES TO EXISTING STRUCTL-« ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO ME USED TO ESTABUSH PROPERTY LINES OR FOR ERECTION OF FENCES. (3) COPIES OF THIS SURVEY NAR NOT SEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. (4) CERTIFICATION INDICATED HEREON SHA'1 RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE ' OMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO TSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5) THE LOCATION OF WELLS (W), SEPTIC TANKS (ST) & CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS ,SET (FINAL MAP REVIEWED BY ZB SEE DECISION # �� DATED Ifsl�DIS L� O NIN��npRDF �PPEpLS 00 Ostrander Avenue, Riverhead, New York IIg01 tel. 651.12"12305 fax. 651.727.0144 odmtnoyoungengineering.com 4 q4 r Howard W. Young, Land Surveyor Thomas 0. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert 0. Tost, Architect 51 TE DATA _mrhJ-W . TOTAL AREA = 144.7-i08 ACRES APPLICANT = PECONIc LANDING 1500 ORECHNOCK ROAD 6REENPORT, NEW YORK II4`144 * VERTICAL DATUM = N.e.V.D. (MSL Ig2g) TEST HOLE DATA DATE : NOV. 22, 2006 McDONALD GEOSCIENCE EL.=21.1' DARK BROWN 0.0 LOAM (OL) BROWN SILT (ML) BROWN SANDY SILT (ML) BROWN FINE TO COARSE SAND WITH 5-10% GRAVEL (SW) fide 3.0' 5.0' 17.0' ENGINEER'S OERTFIOA<TION HOWARD W. YOUNG, N.Y.5. L.S. NO. 458g3n THOMAS C. WOLPERT, N.Y.5. P.E. NO. 61485 DOUSLA5 E. ADAMS, N.Y.S. P.E. NO. 80887 SURVEYOR'S CERTIFICATION HOWARD W. YOUNG, U.S. L.S. O. 45883 TENN 1 S COURTS \ FECON 1 G LANDING AT SOUTHOLD cit Greenport, Town of Southold Suffolk County, New York PROPERTY SURVEY County Tax Map District 1000 Section 055 Block 01 Lot 25 MAP PREPARED APR. 05, 2014 Record of Revisions RECORD OF REVISIONS DATE 200 O 100 200 400 600 Scale: I" = 200' JOB NO. 2012-0133 DWG. g702g0_2012_0155_tennis_only I of 2 14 (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Fr ATION LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STFI --S ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LIN'S OR FOR ERECTION OF FENCES. (3) COPIES OF THIS SURVEY MAR NOT BEARING THE LAND 7URVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE CORY. (4) CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND • ASSIGNEES OF THE LENDING INSTITUTION, CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSIINTJONS OR SURSEOUENT OWNERS. (5) THE LOCATION OF WELLS (W), SEPTIC TANKS (ST) B CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 2"x4" WOOD RAIL / EX I STING TREE / TO REMAIN I \ f C 2"x4" WOOD POST / I F1 PLAN 211x4" WOOD P05T (Y 11 II = 2 x4 WOOD O RAILS FIN. GRADE I ELEVATION TREE PROTECTION NT5 2"x4" WOOD FRAME r FILTER FABRIC PLAN 211x4" WOOD STAKES so FILTER FABRIC �Xxxxxxxxxxx--'' --7DRAINASIE -1 I—I -I_--1II-i r - j I SECFILTER FABRIC BURIED 12" MIN. INLET INLET PROTECTION NOTES I. FILTER FABRIC SHALL HAVE AN E05 OF 40-D5. BURLAP MAY BE USED FOR SHORT TERM APPLICATIONS. 2. GUT FABRIC FROM A CONTINUOUS ROLL TO ELIMINATE JOINTS. IF JOINTS ARE NEEDED THEY WILL BE OVERLAPPED TO THE NEXT STAKE. 3. STAKE MATERIALS WILL BE STANDARD 2"x4" WOOD OR EQUIVALENT. METAL WITH A MINIMUM LENGTH OF 3 FEET. 4. SPACE STAKES EVENLY AROUND INLET 5 FEET APART AND DRIVE A MINIMUM 16 INCHES DEEP. SPAN5 GREATER THAN 5 FEET MAY BE BRIDGED WITH THE USE OF WIRE MESH BEHIND THE FILTER FABRIC FOR SUPPORT. 5. FABRIC SHALL BE EMBEDDED I FOOT MINIMUM BELOW GROUND AND BACKFILLED. IT SHALL BE SECURELY FASTENED TO THE STAKES AND FRAME. 6. A 2"x4" WOOD FRAME SHALL BE COMPLETED AROUND THE CREST. i. PROPRIETARY INLET FROTECTION MAY BE SUBSTITUTED IF APPROVED BY QUALIFIED INSPECTOR. P I LTER FABRIC DROP INLET PROTECTION NTS 50' MIN. EXISTING STONE PAVEMENT 2' EXISTING GROUND S. PAVEMENT MOUNTABLE BERM "LTERCLOTH `9 (OPTIONAL) PROFILE 50' _ I MIN. WASHRAGK N z (OPTIONAL) N1i.N'.; EXISTING EXISTING PAVEMENT GROUND I I PLAN DRAINAGE TO SEDIMENT TRAPPING DEVICE SEE NOTE 8 CONSTRUCTION ENTRANCE NOTES I. STONE SIZE - USE 2" STONE, OR A RECYCLED CONCRETE EQUIVALENT. 2. LENGTH - NOT LE55 THAN 50 FEET (EXCEPT ON A SINGLE RE5I1;)ENCE LOT WHERE A 50 FOOT MINIMUM LENGTH WOULD APPLY). 5' THICKNESS - NOT LESS THAN 6", 4. WIDTH - 12' MINIMUM BUT NOT LE55 THAN THE FULL WIDTH AT POINTS WHERE INGRESS OR EGRE55 OCCURS. 5. FILTER CLOTH - WILL OE PLACED OVER THE ENTIRE AREA PRIOR TO PLACING OF STONE. 6. SURFACE WATER - ALL. SURFACE WATER FLOWING OR DIVERTED TOWARD CONSTRUCTION ENTRANCES SHALL BE PIPED ACROSS THE ENTRANCE. IF PIPING 15 IMPRACTICAL, A MOUNTABLE BERM WITH 5:1 SLOPES WILL BE PERMITTED. 7. MAINTENANCE - THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR FL.OWIN6 OF SEDIMENT ONTO PUBLIC RIGHTS-OF-WAY. ALL SEDIMENT SPILLED, DROPPED, WASHED, OR TRACKED ONTO PUBLIC RIGHTS-OF-WAY MUST BE REMOVED IMMEDIATELY. b. PERIODIC INSPECTION AND MAINTENANCE SHALL BE PROVIDED EVERY SEVEN (7) CALENDAR DAYS. STABILIZED CONSTRUCTION ENTRANCE NT5 FILTrR CLOTHWOVEN WIRE FENCE 8.00' I� WOVEN WIRE FENCE - FILTER CLOTH - f— O UNDISTURBED DISTURBED z - - AREA FLOW AREA — - - SECTION ELEVATIONV SILT PENCE NTS BLACK VINYL GLAD 5TELL MESH 12"x2411 CONCRETE HEADER 2" ASPHALT WEARING COURSE 4" RECYCLED CONCRETE AGGREGATE 6" STABILIZED 501L BASE -J 6" MIN. COMPACTED SAND # GRAVEL CONCRETE FOOTING AROUND P05T 3' DEEP 5"O.D. BLACK VINYL GLAD FENCE POSTS 0 2" MAX., I" MIN. WASHED GRAVEL iY -1IDI1N b 1 ON 4 SLOPE TO vi EXISTING GRADE " i� 12•. 112 ---- TENNIS COURT SECTION NT5 4000 PSI PRECAST CONCRETE TRAFFIC BEARING SLAB AS MFG. BY SUFFOLK GEMENT OR APPROVED EQUAL. J is F w t CAST IRON FRAME f GRATE CAMPBELL FOUNDRY, PAT. NO. 5407 OR APPROVED EQUAL. 00 00000 0 000000 0 000000 00000000 00000000 00000000 00000000 00000000 00000000 00000000 CAST IRON FRAME t GRATE CAMPBELL FOUNDRY, PAT. NO. 3407 OR APPROVED EQUAL. 4000 F51 PRECAST CONCRETE BOX AS MFG. BY SUFFOLK GEMENT OR APPROVED EQUAL. DRAINAGE PIPE 4000 PSI PRECAST CONCRETE BOTTOM SLAB W/ SUMP AS ti MFG. BY SUFFOLK GEMENT OR APPROVED EQUAL. NOTE I. WALL REINFORCEMENT WILL NOT BE REQUIRED TO A DEPTH OF 2. DEPTHS GREATER THAN 9'-O" SHALL HAVE WIRE FABRIC CONCRETE REINFORCEMENT B"x12% I AND 2 MIN. VERTICAL WIRES - 12" O.G., 1/2" MIN. COVER. 5. 5TEP5 REQUIRED WHEN DEPTH EXGEED5 7'-O" GATGH BASIN 2' x 4' PLU5H GRATE NT5 1-1/2" WEARING COURSE 2-1/2" BINDER COURSE -'=A �•.' • - • • � 6" RECYCLED •r' : CONCRETE BASE I I - i 1 v 6" STABILIZED i I - 501L BASE ASPHALT PAVEMENT SECTION NT5 6" FINISHED GRADE ROAD SURFACE 8" CONCRETE CURB 4000 P51 EXPANSION JOINTS 20' O.G. CONCRETE CURB NTS \ / / C3 J I N � /i � I Y I C4 X 00 CA 1 �ao� LIMIT OF CLEARING, I �, - /�1 x GRADING $GROUND �, I /� \ I _ _ DISTUf bANCE I J ,�'�� // // // I I' ' f ° \ � / Ix 1 x / 1 / i I \ 0 / /' / � I I I I 11 xEND \(�� I 1 I } o \\ � � ,•� \\ / / �I' ` �C + 2.� \ '► ', 'h, �. 318.12' / / Y I i / I \ STAGING x C5 \ AREA0 �/ ��. // //// b+IIx s's� X TFN1y�- `) 117, RIM :_,z-0.00 I QQ' �/ N p cot) Z $ / 1E-16.00 I u QTS ' I y / / l / r ! 0 0 / 2 0 4 o j I LT PENCE / BD SILT PENCE ry �� ss /I! ?o.60 �� — — — / / ,c-- - > �L� / x / S ?o•So. f'� x♦ 9l 0 ------_- _-s s� x \ M x 1 STABILIZED + _ - - - - - - - ?`- �� _ o o /o ; �_I / I I- i \ CONSTRUCTION BEGIN/--� �C/ 6 = o � _ ENTRANCE ( % X i • o / i��I ' `� ` 1_ (O � / / / \1 I �i/ 4 ,._ ,.•_ t • � x 61 50' of SCENIC EA5EMEN7/LINE 1123.11' (,� // — \\ I �, 1 - / i l �ti� x c6 EXI5TII i* STORM. N, AJ�R� \ IS"HDPEP �`/ I COLLECTION 5Y5 MSU ALL5 \e 32809b 's �' / / I IJ _,� � •o SILT PENCE // LIMIT OF CLEARING, / / I ; TC)�Ot�51'�B BIOFILTRATION 00 / RP�DING GROUND x / I ; ' I / PONDING AREA / 130 OF / / I / / l I I \ :•+••`' If - 811HDPEP r` B� TO DISTURBANCE / 1 / I 1-7 � # P •+.•• INCT @ 1.5583b /REMAIN ' \ x I I I i ~ 1 \ I )z pyTEOTION x • • ► \ ` �1 r / / / / *...r.....B.B.B..B.B. \ ; I li I I I j I) Ln IE=14.00 Ln X� s ! ; I ' Do ROA� % --- 1 I 1111,1\I \\ LC) � • 111111\I1; \ � _ �� ��-- -�-cB >✓1 ` — — — — / o INLET ' / / 11111111\\ \\ tzlM-I�.7o _--- N� / x E=12.36 -PRO TEC T1 ON- / I III1X \\ �' 1 - (to be verified SILT PENCE in j x \\ J 1 \ \ x^ // _------- I x 1 1 II El i / I 00 Ostrander Avenue, Riverhead, New York IIQOI tel. 631.72'7.2305 fax. 631.727.0144 odmir@9ourgengineering.com Howard W. Young, Land Surveyor Thomas G. Wolpert, Professional Engineer Douglas E. Adams P rofesslonal Engineer Robert G. Tost, Architect GENERAL POLLUTION CONTROL MEASURES IN AGGORDANCE WITH THE PROVISIONS OF THE NYSDEG GENERAL STORMWATER PERMIT, STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL MEASURES INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING SHALL BE EMPLOYED DURING CONSTRUCTION: I. EXISTING VEGETATION TO REMAIN SHALL BE PROTECTED (BY INSTALLATION OF CONSTRUCTION FENCE OR OTHER APPROVED MEANS) AND SHALL REMAIN UNDISTURBED. 2. CLEARING AND GRADING SHALL BE SCHEDULED SO AS TO MINIMIZE THE EXTENT OF EXPOSED AREAS AND THE LENGTH OF TIME THAT AREAS ARE EXPOSED. GRADED AND STRIPPED. AREAS SHALL BE KEPT STABILIZED THROUGH THE USE OF TEMPORARY SEEDING AS REQUIRED. SEED MIXTURES SHALL BE IN ACCORDANCE WITH SOIL CONSERVATION SERVICE RECOMMENDATIONS. IN AREAS WHERE SOIL DISTURBANCE HAS TEMPORARILY OR PERMANENTLY CEASED, TEMPORARY AND/OR PERMANENT 501L STABILIZATION MEASURES SHALL BE INSTALLED AND/OR IMPLEMENTED WITHIN SEVEN DAYS. 5. THE LENGTH AND STEEPNESS OF CLEARED SLOPES SHALL BE MINIMIZED TO REDUCE RUNOFF VELOCITIES. RUNOFF SHALL BE DIVERTED AWAY FROM CLEARED SLOPES. 4. SEDIMENT SHALL BE TRAPPED ON THE SITE AND NOT PERMITTED TO ENTER ADJACENT PROPERTIES OR PUBLIC ROADS OR DRAINAGE SYSTEMS. SEDIMENT BARRIERS SHALL BE INSTALLED ALONG THE LIMITS OF DISTURBANCE PRIOR TO THE START OF GON5TRUCTION AND SHALL BE MAINTAINED UNTIL CONSTRUCTION 15 COMPLETE. 5. A STABILIZED CONSTRUCTION ENTRANCE SHALL BE MAINTAINED TO PREVENT SOIL AND LOOSE DEBRIS FROM BEING TRACKED ONTO LOCAL ROADS. THE CONSTRUCTION ENTRANCE SHALL BE MAINTAINED UNTIL THE 51TE 15 PERMANENTLY STABILIZED. 6. ALL RUNOFF SHALL BE RETAINED ON-51TE IN ACCORDANCE WITH LOCAL REGULATIONS AND APPROVALS. DRAINAGE INLETS INSTALLED ON-SITE SHALL BE PROTECTED FROM SEDIMENT BUILDUP THROUGH THE USE OF APPROPRIATE INLET PROTECTION. 1. THE FOLLOWING MEANS SHALL BE USED TO CONTROL DUST DURING CONSTRUCTION: A. WATER -DOWN ACCESS WAYS, STOCKPILES, AND MATERIAL PRIOR TO LOADING; B. LIMIT ON-SITE VEHICULAR SPEEDS TO 5 MPH; G. PROPERLY COVER TRUCKS GARTING LOOSE MATERIAL AND CONSTRUCTION DEBRIS. 8. SEDIMENT BARRIERS AND OTHER ER05ION CONTROL MEASURES SHALL REMAIN IN PLACE UNTIL UPLAND DISTURBED AREAS ARE PERMANENTLY STABILIZED. FOLLOWING PERMANENT STABILIZATION, PAVED AREAS SHALL BE GLEANED OF SOIL AND DEBRIS AND DRAINAGE SYSTEMS SHALL BE GLEANED AND FLUSHED AS NECESSARY. ci. PROPER MAINTENANCE OF ER05ION CONTROL MEASURES IS TO BE PERFORMED AS INDICATED BY PERIODIC. INSPECTION AND AFTER HEAVY OR PROLONGED STORMS. MAINTENANCE MEASURES ARE TO INCLUDE, BUT ARE NOT LIMITED TO, GLEANING OF RECHARGE BASINS, SEDIMENT TRAPS AND DRY1,NELL5, GLEANING AND REPAIR OF SEDIMENT BARRIERS, REPAIR OF BERMS AND RUNOFF DIVERTERS, AND GLEANING AND REPAIR OF INLET PROTECTION DEVICES. 10. DURING CONSTRUCTION, THE CONTRACTOR SHALL COMPLY WITH ALL LOCAL REGULATIONS CONCERNING THE DISPOSAL OF SOLID WASTE AND DEBRIS AND TOXIC AND HAZARDOUS WASTE, AS WELL AS SANITARY SEWER AND 5EPTIG SYSTEM REGULATIONS. II. CONCRETE WA5H-OUT OF READY -MIX TRUCKS 15 NOT PERMITTED AT THIS SITE. UNLESS OTHERWISE DIRECTED BY THE OWNER, THE CONTRACTOR 15 RESPONSIBLE FOR MAINTAINING THE NECESSARY RECORDS OF CONSTRUCTION ACTIVITIES, PREPARATION OF INSPECTION REPORTS, AND REPORTING RELEASE OF POLLUTANTS TO THE PROPER AUTHORITIES AS NECESSARY TO COMPLY WITH THE NYSDEG GENERAL 5TORMWATER PERMIT. THE CONTRACTOR SHALL REPORT ANY REQUIRED MODIFICATIONS TO THE SWPPP NECESSITATED BY FIELD CONDITIONS OR CONSTRUCTION ACTIVITIES TO THE ENGINEER FOR REVISION OF THE SWPPP WHERE APPROPRIATE. IPICATION IFINAL MAP REVIEWED BY ZBA SEE DECISION # W -O DATED THOMAS G. WOLPERT, N.Y.S. P.E. NO. 6148; DOUGLAS E. ADAMS, N.Y.S. P.E. NO. SObQ' TENN 15 GOURT5 PECON I G LANDING AT 5OUTHOLD at Greenport, Town of Southold Suffolk County, New York STORMNATER MANAGEMENT CONTROL PLAN County Tax Map District 1000 section 035 Block OI Lot 25 MAP PREPARED APR. 05-2014 ALS Record of Revisions RECORD OF REVISIONS DATE 40 O 20 40 80 120 Scale: 1" = 40' JOB NO. 2012-0153 DWG. q?02Q0_2012_OIBB_tennis_only 2 of 2 PLANNING BOARD MEMBERS 'DONALD J_ WILCENSKI Chan WILLIAM J.'CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR September 9, 2014 Charles Cuddy, Esq. P.O. Box 1'547 Riverhead, NY 11901 pF SOU�� PLANNING BOARD OFFICE MAILING ADDRESS: P.O. l3ox 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtownny.gov TOWN OF SOUTHOLD RECEIVED APR 2 2015 BOARD OF APPEALS Re: Approval for the Amended Site Plan for Peconic Landing Tennis Courts Located at 1205 NYS Rt. 25, ±2,390' e%o Sound Rd. & NYS Rt. 25, Greenport SCTM#1000-35-1-25 Zoning District: HD Dear Mr. Cuddy: The followipg resolutions were adopted at a meeting of the Southold Town Planning Board on September 8, 2014: WHEREAS, on May 7, 2014, the agent for the applicant, Charles Cuddy, Esq., submitted an amended application for Site Plan review; and WHEREAS, this Amended Site Plan is for the re -location of a 108' x 120' (12;960 sq. ft.) paved area for two (2) tennis courts in addition to eight (8) parking stalls with one (1) ADA in the HD Zoning District, Greenport; and WHEREAS, at a Work.Session held on June 2, 2014, the Planning Board reviewed the application and found it complete, requiring further information and revisions to the Site Plan immediately; and WHEREAS, there will be no lights or lighting of the tennis courts and adjacent area as stated by the applicant at the June 2, 2014 Work Session; and WHEREAS, on July 1, 2014, Charles Cuddy, agent, submitted materials and information to the Planning Department for review; and WHEREAS, on July 7, 2014, a public hearing was held -and subsequently closed; and WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and I Peconic Landing Tennis Courts — September 9, 2014 WHEREAS, the Southold Town Planning Board, pursuant to State Environmental ' Quellity Review (SEAR) 6 NYCRR, Part 617.5, has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (7) "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a Use Variance and consistent with local land use controls, but not radio communication or microwave transmission facilities", therefore, not subject to SEQRA review; and WHEREAS, on July 23, 2014, the Southold Town Fire Inspector reviewed and determined that.there was adequate fire protection and emergency access for the site; and WHEREAS, on August 1.2, 2014, the Greenport Fire District determined there was adequate fire protection for the site and recommended that all drives and entry ways meet Southold Town Code §280-109c specifications; and WHEREAS, on August 14, 2014, the Town of Southold Local Waterfront Review Program Coordinator reviewed the above -referenced project and determined the proposed project to be consistent with Southold Town LWRP policies pursuant to §268- 3; and WHEREAS, on August 19, 2014, the Southold .Town Engineer reviewed the above - referenced application and determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on September 8, 2014, the Southold Town Chief Building Inspector reviewed and certified the tennis courts in the HD Zoning District, Greenport; and WHEREAS, on September 8, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold, have been met; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan entitled "Peconic *Landing at Southold Tennis Courts", prepared by Young & Young, dated April 3, 2014 & last revised September 4, 2014, and authorizes the Chairman to endorse the Site Plan including the following two (2) plans: 1. Sheet 1 of 2 — Property Survey 2. Sheet 2 of 2 = Site Pian and Storm Water Management Control Plan ' Please also note the following requirements in the Southold Town Code relating to Site Plans: 2 1 P a g e Peconic Landing Tennis Courts — September 9, 2014 - 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen (18) months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require, Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to- the plan. Enclosed please find a copy of the Site Plan which has been endorsed by the Chairman. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Building Dept. w/map . Town Engineer w/map 31 Page Avo 7 J P G BOARD MEMBERS / DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY f JAMES H. RICH III JMARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman/ �` Members of the Planning Board-` Date: February 10, 2015 Re: Request for Comments for Peconic Landing at Southold SCTM#1000-35-1-25 ZBA#6843 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town HallAnnex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov RECEIVE FEB 10 2015 ZONING BOARD OF APPEALS The Planning Department is in receipt of your request for comments regarding the above -referenced application. At this time, the Planning Board has no comments to offer regarding ZBA#6843. �V % 'OUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner February 6, 2015 Town of Southold ; Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: RECEIVED FEB 18 2015 BOARD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A14-14 thru A 14-25 ofthe Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a -matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or �sapprova . ........ _._.. _ _. ............... . .... Applicant Municipal File Number Cutchogue 6213,6291,6278, 6204 LLC #6837 Penney, William III/Sukru, Ilgin (CV) #6840 Peconic Landing at Southold Inc. #6843 Martz, Theodore C. Jr. #6844 Trownsell, R., Trownsell, D., Feuerman, K. #6845 Very truly yours, Sarah Lansdale Director of Planning C C Theodore R. Klein Senior Planner H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 n HAUPPAUGE, NY 11788-0099 0 (631) 853-5191 RECEIVED FORM NO. 3 JAN 2, 6 2015 NOTICE OF DISAPPROVAL r i BOARD OF APPEALS DATE: December 3, 2014 TO: Charles R. Cuddy for Peconic Landing 445 Griffing Ave. Riverhead, NY 11901 r Please take notice that your application dated November 18, 2014 For a permit for a tennis court fence in the front yard at Location of property: 1205 Rt. 25, Greenport, NY County Tax Map No. 1000 - Section 35 Block 1 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed 10' fence is not permitted pursuant to ArticleXXII, 280-105 which states: A. When located in the front yard of residential zones, the same shall not exceed four feet in height. When located in the front yard of nonresidential zones the same shall not exceed six feet in height. The application indicates a 10' high fence surrounding; tennis courts. .1��ejl .; Authorized Signature RECEIVE . , ,' JAN Fee: $ Filed By: Assignment No. ZO3 l Kj t< 0ARO OP APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 1500 Street Brecknock Rd. Hamlet Green= ort SCTM 1000 Section 35 Block O 1 Lot(s) 25 Lot Size 144 ac. Zone HD I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 12/3/14 BASED ON SURVEY/SITE PLAN DATED 4/3/14 Applicant(s)/Owner(s): P.econic Landing at Southold, Inc. Mailing Address: 1500 Brecknock Road, Greenport, NY 11944 Telephone: 477-3800 Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Charles R. Cuddy for (X) Owner ( )Other: Address: PO Box 1547, Riverhead, NY 11901 Telephone: 369-8200 Fax: 369-9080 Email: charles. cuddy@verizon. net Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (X) Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4/3/14 and DENIED AN APPLICATION DATED 11117114 FOR: (� Building Permit () Certificate of Occupancy () Pre -Certificate of Occupancy () Change of Use ( ) Permit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning 'Ordinance by numbers. Do not quote the code.) Article: XXII Section: 280 Subsection: i 05 Type of Appeal. An Appeal is made for: (X) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ()) has, () has not been made at any time with respect to this property, UNDER Appeal No(s). 6591 Year(s). 1216/12 . (Please be sure to research before completing this question or call our officefor assists rce) Name of Owner: 5949 10 / 5 J 0 6 ZBA File# 9,ECEIVED l3 JAN 2 6 2015 REASONS FOR APPEAL (Please be specific, additional sheets maybe used with preparer' signature notarized): ZONING BOA 'D OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: The fence surrounds a tennis court which is more than 100 feet from any residence. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The approved tennis courts cannot be utilized without an appropriate fence 3. The amount of relief requested is not substantial because: It is customary for a tennis court 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The fence complies with all building set back requirements 5. Has the alleged difficulty been self created? {X} Yes, or { } No Why: Are there any Covenants or Restrictions concerning this land? { } No {j Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Sworn to before me this CZ. I day of 1,0A QQlM 20ASI__. Notary Public 11nrnrrA vnnvAI 0 1 Signature of Applicant or Authorized Agen (Agent must submit written Authorization from O er IWONA KODYM Notary Public, State of New York No. 01 K06088386 Qualified in Suffolk County Commission Expires March 3, 20 S APPLICANT'S PROJECT DESCRIPTION APPLICANT: Peconic Landing at Southold. Inc. DATE PREPARED: 1. For Demolition of Existing Building Areas RECEIVE® Please describe areas being removed: N/A JAN 96 29J5 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 10' f ence Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A M. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: W / A Number of Floors and Changes WITH Alterations: NSA IV.. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 10 acres Proposed increase of building coverage: N/A Square footage of your lot: 144 acres Percentage of coverage of your lot by building area: N/A V. Purpose of New Construction: ; nGfia i 1 at; on of 10 ft. fence around the tennis courts VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): liacirally flat Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 RECEIVED �q 3 QUESTIONNAIRE JAN 2 6 2015 FOR FILING WITH YOUR ZBA APPLICATION ZONING BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? not near tennis courts 2.) Are those areas shown on the survey submitted with this application? Yes 3.) Is the property bulls headed between the wetlands area and the upland building area? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees:_ beyond _jurisdiction of Trustees and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and survey as approved by the Building Department andplease describe: construction of tennis courts; . permit attached G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel continuing care retirement community and the proposed use same (ex: existing single family, proposed: same with garage, pool or other) Autho ze si4eDate� Permit #: 39190 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT RECEi11EO �?q3 AN 2 6 2015 ZONING 60ARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: Peconic Lndng @ Southold 1500 Brecknock Rd Greenport, NY 11944 To: construct two tennis courts per Planning Board approval At premises located at: 1205 Route 25 SCTIVI ## 4738-89 Sec/Block/Lot # 35.-1-25 Pursuant to application dated To expire on 311712016. Fees: l 9/17/2014 Date: 9/17/2014 and approved by the Building Inspector.. ACCESSORY $100.00 CO - ACCESSORY BUILDING $50.00 Total: $150.00 I 21-LIA-e Building Inspector AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECE VtD JAN 2 6 2015 ZONING BOARD OF APPEALS WHEN TO USE TRIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Peconic Landing at Southold, Inc. 2. Address of Applicant: 1500 Brecknock Road; Greenport, NY 11944 3. Name of Land Owner (if other than Applicant): same as applicant 4. Address of Land Owner: 5. Description of Proposed Project: -installation of . 10' fence around tenni c rnnrtg Location of Property: (road and Tax map number) Brecknock Road; SCTM#1000-35-01-25 Is the parcel within 500 feet of a farm operation? iK} Yes { } No Is this parcel actively farmed? { } Yes k.} No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. Jemco Realty Assoc. LLC, PO Box 67, Greenport, NY 11944 (SCTM#1000-35-01-24) 2. 3. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1- Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1- Project and Sponsor Information Name of Action or Project: Peconic Landing at Southold, Inc.—Tennis Courts:Fence Project Location (describe, and attach a location map): RECEIVED Brecknock Road, Greenport, NY Brief Description of Proposed Action: ,JAN $ 6 2015 Installation of 10' fence around the tennis courts. ZOIVIfVG BOARD OF APPEALS Name of Applicant or Sponsor:Telephone: (631)477-3800 E -Mail: Peconic Landing at SOuthold, Inc. Address: 1500 Brecknock Road City/PO: State: Zip Code: Greenport NY 11944 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: Southold Town Planning Board—approval granted for tennis court 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 144 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial 1b Residential (suburban) ❑ Forest EKAgriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A X X 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable waterRECEIVED: J A N 29 1I. X NO YES X 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ZONING BOARD OF APPEALS NO YES X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES X 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest El Agricultural/grasslands '❑ Early mid -successional ❑ Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES X 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO YES X X Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES X small to large ZONING BOARD OF APPEALS impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES X 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES X 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsornam . Peconic Landing at Southold, Inc. Date: Signature: Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed MOVED /0?�� anne eo nnn_ Q -V L No, or Moderate small to large ZONING BOARD OF APPEALS impact impact may may - occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 . a: .. No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? i 7] Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. RECEIVED ,JAN 2 6 2015 ZONING BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 12ECEYV�� JAN 2 6 2015 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEAL$ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Peconic Landing at Southold, Inc. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company; spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION, OF RELATIONSHIP Submitted this 21 day of January, 20 15 Signature Print Name Charles R. Cuddy, A istant Secretary of Peconic Landing at Southold,. --Inc. RECEIV5! vi3 , AGENT/REPRESENTATIVE .4N 2 6 2L;5 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Cuddy Charles R. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicantlagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 9-/ day of, 2015 Signature Print Name Charles R. Cuddy Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JAN 62015 A. INSTRUCTIONS COVING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law., This assessment is intended to supplement other information used by a Town of Southold agency in malting a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal,Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 35 - 01-25 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. © Board of Trustees 0 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: 0 Nature and extent of action: Installation of 10' fence around approved by the Planning Board enriis courts i Location of action: 1500 Brecknock Road, Greenport, NY 11944 IlEeEMED Site acreage: 144 acres 2 a 2015 Present 'land use: residential, retirement community ZONING 8OAR9 e r APPEALS Present zoning classification: xn District 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Peconic Landing at SOuthold, Inc. (b) Mailing address: 1500 Brecknock Road Greenport, NY 11944 (c) Telephone number: Area Code ( ) (631) 477-3800 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑x If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria 0 Yes [:] No R Not Applicable Existing scenic areas throughout the site will be preserved. 99,E Attach additional sheets if necessary ZONING Bogkb OF APPEALS NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Yes 0 No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ® Not Applicable There is no anticipated discharge that would reduce the water quality standards. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. © Not Applicable Yes 0 No The proposed fence will not have an adverse impact on wetlands. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Qj ❑ Yes ❑ No ® Not Applicable kECFIvEI) OF Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No [:�t Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yep- -1 No ® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Oct qu-� � RECEIVED .. RD air_ flDAE:9i �UIV11V17 BOARD Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable The proposed fence will not encroach upon agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 512510511:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) Inc. I, Peconic Landing at Southold, residing at (Print property owner's name) REc-EIVFD JAN 2 6 2015 ZONING BOARD OF APPEALS 1500 Brecknock Rd. (Mailing Address) Greenport, NY 11944 do hereby authorize Charles R. Cuddy (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Peconic Landing at Southold, Inc. B Robert Wron, re ente)/CEO Robert Syron (Print Owner's Name) CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFENG AVENUE RIVERHEAD, NEW YORK Mailing Address: P.O. Box 1547 Riverhead, NY 11901 January 23, 2015 Zoning Board of Appeals Southold Town PO Box 1179 Southold, NY 11971 Re: Peconic Landing at Southold, Inc. Dear Ms. Toth: I 1 0-- 6C?4.3 RECEIVtD JAN 2 6 2015 ZONING BOARD ppq00 `�31) 369-9080 E-mail: charles.euddy@verizon.net In connection with the fence for the approved tennis courts at Peconic Landing at Southold, Inc., we are enclosing an application for variance to permit a usual 10 ft. high fence surrounding the tenf�is courts as follows: 1. Application with Disapproval Notice 2. Project description and questionnaire form 3. Transactional disclosure form 4. Recent photos 5. Survey 6. Agricultural data statement 7. Covenants and Restrictions 8. Town Property Card 9. LWRP form 10. Environmental Assessment form 11. Planning Board Approval Resolution 12. Check in the sum of $500.00 Please review the enclosures 'and advise us when this matter will appear on the Zoning Board calendar. Very truly yours, Charles R. Cuddy CRC:ik Enclosures S zECEIVED �l jAN 2 6 2015 ZONING BOARD OF APPEALS ;tel a { Pe C0 M'C- L 1%m d i n 9 — LDS �-C n � zc,O- &).+ S.0h o (J -:Thc fl��I�l i"V / RECEIVED JAN 2 6 2015 ZONING BOARD OF APPEALS 517 'l �O� i�9 Morl-h ar �i1�+� Ij+,^� 1�1 µq'10:; ��' �„1� Mk N�� ����'•; 1 iL w -ti..: All r .. z , y = m k - ,. v lop alp ,,, ' .. . . pec oh c c. (Q,-i Lzcz l,c Soc.�;�-t� o[ �;( �v►c Svap(,euk sib i r 4sl.l> F;A l- i _ ro l- _ r _ '} -.. � . .... .. ... ... � , t. •rte ,�• .�'�, 1 a ,z`' tt 3 Y ; \•1t� 1 � � +, .fir Tecon i c. Uo.o �-k" ", LIAS-h 010( J A c TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL :,Board ofHealth SOUTHOLD, NY 11971 4.sets;of Building Plans, TEL: (631) 7654802 Planning Board approval FAX: (631) 765-9502 Suryey South PERMIT NO. ��/U Check Septic .Form ' 62�CEiVEb' N.Y.S,D.E,C. Trustees " JAN 26 2015 C.O. Application Flood Permit Examined- Approved xamined Approved 20 Disapproved a/ci2 Expiration 20 ZONING BOARD OF APPEALS Single &Separate Storm -Water Assessment dorm; - Contact: Mail to: Charles R. Cuddy PO Box 1547-, RivPrhParl, NY 119 Phone:•(6,'81.).369-8200 J 1 Building Inspector �' oU 4?�i 14 # {_''. 'PLICATION FOR BUILDINGTERAUT Date November 17 , 2014 •BLDG. -DEPT. _ TONlN OE OiI r LQ_LD ' , •, INSTRU_,CTIOI\T ...._ a. This application MUST be completely filled in by.typew iterlorlm • , -gnd 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 `ori;:premises, reWionship.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 ofthis application;` Elie $ullding Inspector wih issue a Building Pe'rmifto the ap' hcanf. "Sucli a permit shall be kept on the premises available for inspection throughout the work. e. No building shall'be occupie'd'obYVkdfid Wh6lez or fn`piart for aiiy purpose what so ever unfifthdiBuildingJ!h9pector issues a Certificate of Occupancy. ! _ f. Every building permiVshall.expire if the work.,authorized.has nod con men_c_ednw thin.l2 months after -lid date of 1. issuance or. has not.beeh completediwithin 18 months from such.date if no zoning amendments or other regulations affecting the property have been enacted4n teherinterim, the Building Inspector rziay. authorize, in writing, the extension; of the permit for an, addition six months. Thereafter, a new permit shall be required. APPLICATION IS:,HEREB) ,NADE,to!the�BuildmgDepart�nent for....the issuance fa Building Permit pursuant to, the .. Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and othertappiicable Laws,:Ordinances, or . Regulations, for the -construction of buildings, addifions, or alterations ortfor removal or,' r demolit ;on as herein described. The applicant agrees to comply with all applicable --laws, ordinances;1buildirig code, housing code;. andxegulations, and, to admit, authorized inspectors on premises and in building for necessary inspection's.''` Peconic"Landing at 'Southold; Inc. (Signature of applicant or name, if a corporation) NOV 24 2014 1500 Brecknock Road, f Greenport; NY 11944 _ ailiri faddresg of a licant BLDG. DEPT. agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises Peconic Landing at Southold, Inc. " '' (A`s oni i t kroll or• latest deed) If applic�rV�s a co oratio�ysig}yj_ of duly _)ithorizpd officer ; arae and title of corporate "er) Builders License No. Plumbers,License.No.. Electricians.License No. Other Trade's License No. 1. Location of land on which proposed work will be,done: east side of Peconic Landing site House Number:- r;; .Street Hamlet County Tax Map No. 1'000 Section 35 .B1oel YCC}�i0r` ,�0vy1 Lot'' 25 cSura(} 0A to .olfl Subdivision f Filed Map No. I —Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction,':. - a. Existing use and:occupaiicy tenniq court under construction b. Intended use and occupancy tennis court 3. Nature of work (check Whidhapplicable): New Building --Addition Alteration Repair Rem6lVal Demolition Other Work erect 1()T f,.n,e (Description) 4. Estimated Cost Fee (To be paid on',filing this application) 5. If dwelling., numberof dwelling --units N/A —Number of dwelling units on each floor If garage, number of cars 6. If business','commerciaI- or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of':Stories 8. Dimensions of entire new construction: '-Fiorit.:. Rear'- 'De A Height Number of Stories 9. Size of lot: Front. Rear- s,�';e;-, Depth 0. Date of Purchase- - ya'" me, wner - , 4 e 11 Zone or use -distri6t'in'i0hf6h`premises are dtoa%HI.tr ;v ori,?` gulaffori? YE NO 12. Does proposed construction -0 04,yiplgteapy. zoniiig re! oFdl* fiance or 13. Will. lot be,re-graded?- YES,,, .. N, -Will r'e ovedr9#pyqmIs s?.y� NQ7 at Southold; Inc. 14. Names:of Owner of Name bfArchitect, Name of Contracto N,A Address ;Rhone No. an da bfaf�d'sh*at 15 a. Is this property within 100 feet of a ti lr:'-w6tl "' d freshwater' `-wetland?' NO X. * IF YES, SOUTHOLD TOWN TR,U§Ttt8--' 1.6. PERMITS` Y,"18t1ZIQUIREY." b. Is this pro a tidd,��etl' 'alhd?.`* YES' property within J oble��t 0 . � MAY . I I " c " " ..", ", ": * IF YES, D.E.C. PERMITS MAY BE REQUIRED. -- 16. Provide survey, to scale, with ac.curatefoupdation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data. on survey,., 18. Are there any.,poveriants and ;restrictions with respect to this property? YES— NO— IF YES, PROVIDE A COPY. STATE OF NEW YORK) - SS: COUNTY OF SP Olid I - Charles R. Cuddy being dUly sworn, deposes and says that (s)he is ihe'applicant (Name of individual signing contract) abo'-V6named, (S)He is the Assistant S (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or.have performed the, said work and to,ake. and dpplicatibh, that all statements contained in this application are true to the best of his,knowledge and belief; and that th6 work will be - performed in the -manner set forth in the application filed therewith.' Sworn to before me this day of 'WWeMb_0(-' 20 1LJpNLQ_ Notary Public fWoNA?*6DYM Signature of Applicant .Mrr,pal State of KID York.. NotaryY Notary�1 ' I N6. 01.06088386 Ouallfied In Suffolk. County Commission Expires Mar'ch 3, 20f:5' BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Keri Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LoRECEIVED �� ZONING BOARD OF APPEALS JAN 2 6 2015 TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765=9064 ZONING BOARD OF APP�'^LS ]FINDINGS, DELIEERATIONS AND DETERMINATION MEETING -OF DECEMBER 6, 2012 ZBA FILE:. 6591 NAME OF APPLICANT PECONIC LANDING AT SOUTHOLD, INC. SCTM: 1000-35-1-25 PROPERTY LOCATION: 1500 Brecknock Road (adj. to Long Island Sound), Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under .consideration in this, application and determines that this review falls under the Type H category of the State's List of Actions, without* further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: - This application was referred as required under the Suffolk 'County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 2012 stating that this application is considered 'a matter .for local .determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION; The relief, permit, or interpretation requested. in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTSMESCRIPTION: The Applicant's property is a 144 acre waterfront parcel in the HD and R 80 Zones. The property is improved with numerous buildings used in the operation of Peconic Landing.a'long- term, residential health care facility. Currently -there are 250 units with 360-375 elderly. residents. All existing structures including a Health Center and Community Center, and the residential units, are show on the site plan survey drawn by Young. & Young, dated June 19, 2012. The site plan also . shows the proposed additional structures, including the proposed 3 story 40 unit Independent Living building that is the focus of this Application. BASIS OF APPLICATION: Request for Variance from Article V Code Section 280-23 (Bulk Schedule) and the Building Inspector's July 9, 2012 Notice of Disapproval based on an application for building permit for construction of a three story apartment building addition, at; More than the maximum number of 2 '/Z stories. RELIEF REQUESTED: The applicant requests a.variance to construct a three story Independent Living facility containing 40 residential units, and underground parking garage, with 12 units located on the first floor, 14 units located on the second floor, and 14 units located on the third floor, when Town Code allows a maximum of 2 '/2 stories. ADDITIONAL INFORMATION: The Southold Planning Board provided a Memorandum dated Aug. 28, 2012, expressing tentative support for the Applicant's proposed construction, providing that Town Code requirements for yield per acre is met, and pending. their complete review of the proposed site plan. The Applicant submitted a'yield calculation dated October 4, 2012 prepared by Howard Young and Thomas Wolpert of Young and Young Surveyors verifying, that the proposed yield is well within the code permitted yield, and a resident emergency transportation operations procedure to detail how the increased volume of 9/11 emergency transports generated by the increase in residential occupants will be handled by all appropriate agencies. Page 2 of.3 — December 6,20 12 ZBA File#6591 — Peconic.Landing at Southold, Inc. ,gTk4: 1C$.0-3' 4-25 RECEIV & 300 JAN 2 6 2015 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: ZONING BOARD OF APPEA"S The Zoning Board of Appeals held a public hearing on this application on September 6, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and'other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed increase in living units will not exceed the density yield -per acre that is allowed by Town Code. The 40 unit Independent Living Facility will be located on less than one acre of the 144 acre property. The proposed building height does not exceed the height of other existing buildings on the site. The Applicant must comply with all applicable New York State Fire Codes. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant stated .a need for the increase in 40 new living units, and stated that their objective was to construct a three story building with a smaller footprint than that which would be required if they had to construct the 40 units within a two story building with larger footprint. 3. Town Law §267-b(3)(b)(3). The variance. granted herein is mathematically substantial, representing 100% relief from the code allowed 2 %a stories. However, the Applicant has stated that there already exists a three story building at Peconic Landing, with a valid CO for each unit on the third floor. The Applicant also stated that "At (only) two stories the building would be unduly extended, would create an additional burden on residents and be further away from the Peconic Landing staff." 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood.'. The property is adjacent to a large golf course on the easterly boundary, and a working agricultural enterprise on the western boundary, and is well. screened from those properties by established vegetation. The proposed new 40 unit building will be located in the center area of the 144 acres, and will not be visible from adjacent properties. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town.Law §267-b(3)(b)(5). The difficulty has been self-created, since the Applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the Applicant to enjoy the benefit of a new three story 40 unit residential living facility, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the survey drawn by Young & Young, dated June 19, 20125 and the architectural drawings by Perkins Eastman labeled A-101, A 102, A-103, A-201 and A-301 dated June 11, 2012. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3 - December 6, 2012 -ZBA Ffle,#651�1 - Peconic Landing at Southold, Inc. CTM: 1000-35-1-25 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio. Schneider and Horning. This Resolution was duly adopted (5=0). Leslie Kanes Weisman, Chairperson `t Approved for filing / /2012 RECEIVED JAN 2 6 2015 ZONING, BOARD OF APPEALS APPEALS BOARD MEMBERS Ruth , Oliva, Chairwoman,.. Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldlown.noithf6rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2006 ZB File No. 5949 — PECONIC LANDING, INC: (Brecknock Hall) Property Location: 1500 Brecknock Road, Greenport CTM 35-1-25 RECEIVED . I S0uifi0k4rj JAN 2 6 2015 ZONING BOARD OF APPEALS SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, and issues a Negative Declaration without advertise effects to the environment as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 145+ acres, zoned HD and R-80, and the Brecknock Hall building is located in the R-80 Residential portions of the land, as shown on the site diagram prepared by Donald W. Smith, P.E. (based on information prepared by Young & Young, LS.). BASIS OF APPLICATION: Zoning Code Section 280-22B(4) for Special Exception authorization of uses, proposed within the existing Brecknock Hall building, in part for an apartment, offices and for public space related to conferences, art shows, weddings, and other types of indoor events. Also noted in the Building Inspector's March 9, 2006 Notice of Disapproval confirming that approvals are required for a Special Exception from the Southold Town Zoning Board of Appeals and from the Southold Town Planning Board concerning site plan approval. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 28, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: APPLICANT'S REQUEST: The applicant is proposing to convert 8,000 square feet of the interior of the existing building for office use, for an apartment, and the west section of the building for public space (inside events, parties, receptions, meetings, art shows, concerts). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1) The applicant seeks authorization, by Special Exception, to convert the interior floor areas of the existing historic mansion to a single apartment, office areas, and indoor events. After a site visit on September 16, 2006, and discussions at the September 28, 2006 public hearing, the Board finds that the apartment use and offices are appropriate for this grand building. These uses will not in any way alter the Page 2 — October 5, 2006 Appl. No. 5949 — Peconic Landing , nc. (jTM 35; 1-25 (Brecknock Hall) • RECEIVED JAN 2 6 2015 ZONING BOARD OF APPEALS character of the neighborhood or district and the activities will fall within the purpose and intent of the provisions listed in Chapter 280-14B(16). 2) Zoning Code Sections 280-146(16) and 280-22 provides a limitation of three uses per building, and requires that the building be owned and maintained by a not-for-profit historic organization. The uses proposed by applicant will not exceed the limitation of three uses (office use), and in no event will there be more than one apartment under this Special Exception authorization. 3) In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Article XXV and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order- of the town will not be adversely affected by the proposed fitness facility use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. BOARD RESOLUTION: In considering all of the above factors and applying the standards under New York Town Law 267, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried to GRANT a Special Exception, as applied for, to convert the interior floor area of existing building for offices, an apartment, and space for indoor public events (art shows, weddings, meetings, and similar indoor activities), as shown on the first floor plan dated 6-27-2005, and second -floor pian dated 5-15-2005, prepared by Martha V. Smith, Architect, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Public entertainment and special events shall be requested in a separate permit application and obtained in accordance with the provisions under Chapter 205 (formerly Ch. 71) of the Town Code. 2. The activities allowed by this Special Exception are: L� Page 3— October 5, 2006 Appl. Pio. 5949 — Peconic Landing, Inc. OTM.31-25 (Brecknock Hall) I �� AJV RKEIVED JAN2 6 2015 ZONING BOARD OF APPEALS (a) a single apartment of approximately 900 square feet on the east side of the building on the second floor; (b) two public or private offices (instead of the existing two bedrooms) on the west side. of the second floor; (c) Use of the entire ground floor or first floor for special functions as rental income, but without habitable space; and (d) Kitchen facilities are permitted for the purpose of limited preparation of food, a warming kitchen, on the first floor. 3. Additional permits (other than this authorization) must be obtained by applicant from the Town of Southold, including but not limited to inspections that may be required by the Town Building Inspector prior to occupancy on the site (any rental, interior or outdoor). Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oli (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 10//c-/06 Approved for Filing t PLANNING BOARD.MEMBERS DONALD J_ VVILCENSKI Chair ` WILLIAMJ.'CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR September 9, 2014 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 PLANNING BOARD OFFICE . TOWN OFSOUTPIOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtownuy.gov LP v RECEIV ze ED JAN 2 6 2015 ZONING BOARD OF APPEALS Re: Approval for the Amended Site Plan for Peconic Landing Tennis Courts Located at 1205 NYS Rt. 25, ±2,390' e%o Sound Rd. & NYS Rt. 25, Greenport SCTM#1000-35-1-25 ' Zoning District: HD Dear Mr. Cuddy: The following resolutions were adopted at a meeting of the Southold Town Planning Board on September 8, 2014: WHEREAS, on May 7, 2014, the agent for the applicant, Charles Cuddy, Esq., submitted an amended application for Site Plan review; and WHEREAS, this Amended'Site Plan is for the re -location of a 108' x 120' (12;960 sq. -ft.) paved area for two (2) tennis courts in addition to eight (8) parking stalls with one (1) ADA in the HD Zoning District, Greenport; and WHEREAS, at a Work.Session held on June 2, 2014, the Planning Board reviewed the application and found it complete, requiring further information and revisions to the Site Plan immediately; and WHEREAS, there will be no lights or Fighting of the tennis courts and.adjacent area as. stated by the applicant at the June 2, 2014 Work Session; and WHEREAS, on July 1, 2014, Charles Cuddy, agent, submitted materials and information to the Planning Department for review; and WHEREAS, on July 7, 2014, a public hearing was held and subsequently closed; and WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and .. Peconic Landing Tennis. Courts — September 9, 2614 WHEREAS, the Southold Town Planning Board, pursuant to State Environmental o Quality Review (SEQR) 6 NYCRR, Part 617.5, has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (7) "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a Use Variance and consistent with local land use controls, but not radio communication or microwave transmission facilities", therefore, not subject to SEQRA review; and WHEREAS, on July 23, 2014, the Southold Town Fire Inspector reviewed and determined that.there was adequate fire protection and emergency access for the site; and WHEREAS, on August 12, 2014, the Greenport Fire District determined there was adequate fire protection for the site and recommended that all drives and entry ways meet Southold Town Code §280-109c specifications; and WHEREAS, on August 14, 2014, the Town of Southold Local Waterfront Review Program Coordinator reviewed the above -referenced project and determined the proposed project to be consistent with Southold Town LWRP policies pursuant to §268- 3; and WHEREAS, on August 19, 2014, the Southold Town Engineer reviewed the above - referenced application and determined that the proposed drainage meets the minimum requirements. of Chapter 236 for Storm Water Management; and WHEREAS, on September 8, 2014, the Southold Town Chief Building Inspector reviewed and certified the tennis courts in the HD Zoning District, Greenport; and WHEREAS, on September 8, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 Site Plan Approval of the Town of Southold, have been met; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be -it further RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan entitled "Peconic Landing at Southold Tennis Courts", prepared by Young & Young, dated April 3, 2014 & last revised September 4, 2014, and authorizes the Chairman to - endorse the Site Plan including the following two (2) plans:8� 1. Sheet 1 of 2 — Property Survey 2. Sheet 2 of 2 =-- Site Plan and Storm Water Management Control Plan �Fcr_ Please also note the following requirements in the Southold Town Code r9JMVrxpdoiSffie Plans: LS........... .................... .............................................. ......_......_.._... _...................._._................_.__.................._...._.....:.........._.._........... _........_....... _.._............ ........ -...................I...... ...... .....__._................. ........._........_._........ _.__................:..._..... 2 1 P a g e �®NING BOA�0 OFAPPEA Peconic Landing Tennis Courts — September 9, 2014 ~ 1. Any outdoor lighting shall be shielded so the light source is not visible from. adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm'water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen (18) months from the date of approval, within which time all proposed work must be completed,, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. . Enclosed please find a copy of the Site Plan which has been endorsed by the Chairman. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski ��BIVBu Chairman Ism Encl. cc: Building Dept. w/map ZONING'BOARD °F APFEALs Town Engineer w/map 3l Page r TOWN OF SOUTHOLD PROPERTY RECORD CARD � � �, �/.�ob� OWNER STREET, VILLAGE DIST. SUB. LOT ACR. 14 REMARKS`' it Rssisf(!d L; v TYPE OF BLD. PROP. CLASS LAND IMP. TOTAL DATE�+r07 5 �7 Y jrr CQ —L( !�►' f �C� 1'��d �' - %;� g c>q, rt ;a � C _ / i6 �� t](ol (0A sea, 2 0rO4 oc� z 33 0 � 2� �� '7 ? 45 b �� ��5��. fI.��IC�ce = �,4_r t 116- ,--- � - I .d ,]\ J! 2`•TEq ' 4 �' s ') Y•'p.I f F r r e F p ` ,•1 •f` .- ! ,r a J� jL kp �'¢j`' zea' iiw 1� '♦tiJ' O 'i'�8l.^ .n' il p � ,� t _ ^� ?s 1'6 i''%" `JFK l-in9 2 �© 216' P I) - :30°121 l �` �� r , b:�-fir .� as bs fP-4 3 Jolg' dAa — vd i iS OS' Q�311.1 C��cK - cn�� #cl k a>il 07b5 3IaaS m i noy ati- e�rc M� N . c. q/ � - ---- FRONTAGE ON WATER _ TILLABLE FRONTAGE ON ROAD EI WOODLAND DEPTH JAIV 2 6 2 MEADOWLAND BULKHEAD 0 jN(;60ARD HOUSE/LOT EARS TOTAL ✓'.ie.E�,,:.�:-'..;.sn9aR1� ".-;w��.>W%T-.,:x�w.wa•.ui e�^Yk�nar'✓:X�rt,ta.5%.....s:�. sv'itia'�'.��'u., �r2�...7_�'�.... .., .._� .� .....-...�t�'.�3� ...... �1 a.7. -max.._9�-- --------- - _ TOWN OF-SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT )a ji ACR. 144, REMARKS,, si c- d L 1 v TYPE OF BLD. hb �" I - bu rko _�7-1 L6, 13 (,7 00 1 iow �cerr - d �'?-hcmuv v PROP. CLASS -- ----- --------- - K Smr-Kri 0 5, 1 o (o 8 p -s 1 q4S, dun b owur�-- LAND IMP. TOTAL DATE �)cqq' -7 e 2 S4, 1-,7 D7 -7 0 2 zc� 0)� 70 I (los; 0 0 G. 4'8-oc✓o--i 7o 4-1 4 I 0(oS,;,, 1'MCA-kc-fre- 0-Ifera-fions iD ------------- ---------- 4M 30061 bp4-.= 32-k-+-3 :Leg P* 3� 14-7 �o 1 15 +c1ra-fT bg 13 P':d-- 33G.5.1 culb rise-m6l0 v ff i-ce-s -r- cza o,,mL haffd ro-,p f \J 114 10 9 8 P 21059 e XPCZ-051on (5f cowl'knlb/ (,e n &n i Wq [-b q 1`�1��Q� � a4�(..t. �9 Yt." � \Q4: ' iGl. Y, f."'`.,�.a #�Y `. 51/4' 16 RECEIVED FRONTAGE ON WATER TILLABLE JAN 6 Z015-- FRONTAGE ON ROAD WOODLAND ZONING BOARD OF APPEALS DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL 10 6V:rr 5 � -1 T� d Cd( 0-d dt 41 M, 1-1 II. SCTM # 1000 -35+ zs TOWN OF SOUTHOLD PROPERTY RECORD CARD, OWNER STREET VILLAG I DIST.1 SUB. - LOT ACR.REMARKS I Livinill r:�Cr it TYPE OF BLD. 5 . 3(� 152 ct a o - r �-- t PROP. CLASS AND IMP. TOTAL DATE -7D L 0357 2L2-1 LAV JAN 2 6 2015 .ZONING BOARD OF APPB,qL_S FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL CIUVO GU1L)U=1tJ A-Lt3=u%Ju" %j COLOR TRIM I Qt 9nfi M. Bldg. Foundation CPcB - Fin, B. Bath Dinette Extension Basement FULL COMBO CRA13WL PARTIAL SLA Floors Kit. Extension Ext. Walls Interior Finish L. R. Extension Fire Place Heat D. R. i o Woodstove BR. Porch Dormer Baths Deck Dock Fam. Rm. A.C. Garage' O.B. Pool ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o�vg�FfO(��OG H = OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 29, 2015 RE: Zoning Appeal No. 6843 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Transmitted herewith is Zoning Appeals No. 68.34 for Peconic Landing at Southold, Inc. -The Application to the Southold Town Board of Appeals Area Variance. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, A Notice of Disapproval to Charles R. Cuddy for Peconic Landing Dated December 3 of 2014, Board of Zoning Appeals Application Authorization from Peconic Landing at Southold, Inc. for Charles R. Cuddy, A Letter from Charles R. Cuddy to Zoning Board of Appeals Regarding Peconic Landing at Southold, Inc. Dated January 23 of 2015, 5 Pages of Photos, An Application for Building Permit Dated November 18 of 2014, Findings Deliberations and Determination Meeting of December 6 of 2012 for ZBA File 6591, Findings Deliberations and Determination Meeting of October 5 of 2006 for ZBA File 5949, A Letter to Charles Cuddy, Esq. from the Planning Board Office Dated September 9 of 2014, Town of Southold Property Record Card for Tax Map No. 1000-35.-1-25, Tennis Courts at Peconic Landing at Southold Property Survey and Tennis Courts at Peconic Landing at Southold Stormwater. ***RECEIPT*** Date: 01/28/15 Receipt#: 180978 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6843 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #75495 $500.00 Peconic, Landing At Southold Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Peconic, Landing At Southold 1500 Brecknock Road Greenport, NY 11944 Clerk ID: SABRINA Intemal ID: 6843 lumber of 043PG4841 a TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 41 Page / Filing Fee S Handling TP -584 Notation EA -5217 (County) EA -5217 (State) R_P_TSA Comm- of Ed. 5 00 Affidavit o2cer irredcopy,t,\,, _Lo Reg. Copy Other Deed / Mortgage Tax Stamp Sub Total 3 S Sub Total D GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot 1000 01 ,5.1 01.00 025.000, Satisfactions/Discharges/Releases List Property Owners Mailing RECORD & RETURN TO: Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY. 11901 `REpED 00 MAY i9 PN z:hE �s SUFFOLH COUNTY RECEIVED 1A hi 0 A 201 Recording / Filing Stamps i BOARD OF APPEALS lortgage Amt. ' Basic Tax Additional Tax ub Total ipec./Assit. Ot ipec./Add. r0T. MTO. TAX Dual Town Dual County Held for Apportionment Transfer Tex Mansion Tax The property covered by this mortgage is or will be improved by a one or two fancily dwelling only. YES or NO If NO, see appropriatetax clause on page # of this instrument. '6 Conunuitity Preservation Fund Consideration Amount $. CPF Tax Due S Improved Vacant Land TD TD TD 181 Title Company Information Co. Name Suffolk County Recording & ]Endorsement ESe- This page fours part of the attached Declaration and A G r e eme n t made by: (SPECIFY TYPE OF INS'IRUNIFN17 ) P e c o n i c Landing at Southold J.be premises herein is situated in SUFFOLK COUNTY, NEW YORK TO In tht: Townsitip of In the VILLAGE or HAMLET of BOXES 5 U RU 9 MUST BE TYPED OR PRUaW IN BLACK INK ONLY MORTO 9ECORDM OR FD KO, 6 I N) Xdl pp. v ��- r��K-t7 4 )7� This Declaration and Agreement, made thi , ,. day Of APrile 2000, by PECONIC LANDING AT SOUTHOLD# 'INC., with an offife at Feather Hill, Route 25, Southold, New York 11971. ther-ein&fter ,referred to as "Peconic Landing" or "Declarant", and the TOM SOUTHOLD, a municipal corporation with offices at twin Road. Southold, New York 11971. S I T N S S S Z T R: WHEREAS, the Declarant is the owner in fee simple of real property situate at Greenport, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk. County Tax Map as District 1000, Section 035.00, E.1Qck 01-00v Lot 025,000, and more particularly described on the annexed Schedule A; and WHEREAS, the Declarant has proposed a site plan consisting of, inter alfa, one hundred forty-four (144) acreav two hundred fifty (250) residential units, a centralized common: building and acare facility; and WHEREAS, Declarant and the Town of Southold have agreed that a written declaration setting forth the intention of the Declatant with respect to payment of real property taxes will be of mutual benefit; and WHEREAS, the Declarant has expressed a Willingness to sst forth its intentions through a Declaration; and WHEREAS, Declarant having considered the foregoing and desiring to make, execute and record the within Declarationo NOW, THEREFORE, in consideration of the matters above recited,, for other good and valuable consideration, the receipt, and sufficiency of which is hereby acknowledged by the parties# the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admin, publish, form ally covenant and agree that the said premises herein desckibed shall hereafter be subject to the following covenants which shall, run with the land and shall be binding upon Itsel.fo its heirs# executors,,' legal representatives, distribut.eese succeesot'ao successors in interest and assigns, and purchasers and holders of said property as -follows, to wit: The Town of Southold does hereby represent and warrant that it is a municipality pursuant to the laws of the State of Now York Md that it is authorized to enter into this Declaration pursuant to a Town Hoard Resolution. Peconic Landing does hereby represent and warrant that it is a New York 'corporation and authorized to do business in Now York and that its Board of Directors. adopted a resolution which authorized this Declaration and the obligations hereunder. 1. The Declarant expressly covenants and agrees to pay or cause to be paid in full real property taxes, assessments and ad valorem levies on the entire Peconic Landing project as the same respectively become due and, in particulars a) All real property taxes, assessments, ad valorem levies and charges of any kind whatsoever assessed by the Town of Southold with respect to the property described in Schedule A. b) All real property taxes, assessments, ad valorem char'ges and other charges of any kind whatsoever lawfully imposed by any governmental body for public improvements. 2. Declarant reserves the night to contest, in good faith, any such taxes, assessments, ad valorem levies and other charges. pursuant to Article 7 of the Real Property Tax Law ("RP'TLN) g except that the Declarant shall not clams any exempti.®ns due to any designation as a not -four -profit corporations association or not- for-profit status. 3. Declarant, in the event that the Suffolk County Industrial Development Agency takes title to part or ai.l of the pare@le will execute a Payment in Lieu. of Taxes Agreement prov.i.di.no for Declarant, its .successors and . assigns, to pay an amunt for the benefit of the various taming jurisd.i.cti.onsp on the Pecan.i.c Landing *0 S0 project equal to, but not in excess of, that which would have baen required to be paid by Declarant to all such taxing Jurisdictions with respect to the Peconic Landing project, and tLv pay such aribunt as the Town of Southold determines Declarant would have had to pay such taxing jurisdictions had the project been subj@ct to the payment of real property taxes and assessments. a) Such Payment in Lieu of Taxes shall run with the 14nd. both with respect to the burdens and benefits created therein an4 shall be binding upon and inure to the benefit of the succeis rs and assigns of the respective parties. b) Such Payment in Lieu of Taxes shall per i, the. Declarant in good faith to contest such taxes, asse.samnts and epi, valorem levies, except that the Declarant shall not cla:in any exemptions due to any designation as a not-for-profit corporation or association or not-for-profit status. 4. The obligation by Peconic Landing to pad/ real prdp&rt- taxes as aforesaid shall continue as long as such taxes rwaiz, basis for town, school and county funding; the obligation'shall, include all improvements made to the real propertyac's-1 at Schedule A, whether such improvements are held in the n=@ of Peconic Landing or any other person or entity deriving use* possession or title from Peconic Landing. Se This Declaration shall not affect in any manmr an exemption, reduction or relief from real property PaxVV, assessments or charges. as provided by law and avallable to residents of the 250 residential units, or any adMAI l residential units only hereafter approved and conotructed. 6. It is understood and agreed than the `Iown. of Scut.l.d shall have the right to enforce all of the covenants of this Declaration. 7. This Declaration shall run with the land# both as tests benefits and burdens created herein and shall be binding upon and inure to the benefit of the parties and their restive successors, assigns and transferees. B. This Declaration may not be amended# changed# lfted', altered or terminated, unless such amendment# chAnget icatt'604 tt' alteration or termination is in writing and signed by the parties. 9. If any article, section# subdivision, paragraph# se -tem# clause, phrase, provision or portion of this Declaration shall for any reason be held or adjudged to be invalid or ill.sgal or unenforceable by any court of competent jurisdiction* such rtial** section, subdivision, paragsaphe sentences clSuaO# phrases provision or portion so adjudged lnvalldo illegal or unentorceable shall be deemed separate, distinct and indepondent &M the remainder of this Declaration shall be and rMain in full force Md effect and shall not be invalidated or randerod illeg&I or unenforceable or otherwise affected by such, holding or adjudication. 10- This Declaration May be cif ltb�n�ou�iy �j��&C�{'j� several erpal'tsP ea'bh c' 7r diI :`1a& if a na And �Y3Y J! ¢ V%B which shall "onstZt ;te but ".one and the saiIPLe 4-nStfSiBf:®Vnt - 1? . T'his Declaration shall be govorned and congtru@d In accordance with the laws of the State Of New York. 12. This Declaration shall be recorded in the Office of the Suffolk County Clerk pertaining to the real property deacri.bed in Schedule A hereto. IN WITNESS WHEREOF, the Declarant above named `has executed t -he foregoing Declaration the day and year first above mitt"* PECONIC LANDING AT SOUTHOL-Da, INC. AA By: Lite &L�; � �- . William G. 'ThOMPsOn, Pre Ald"t TOWN OF SOUTHOLD By: cal�'1r=- JeVA Co cl pan, Su rvisor STATE OF NEW YORK } sso: COUNTY OF SUFFOLK ) On the a day of April, iia. the year 2000/ . tgfore ,.o. undersigned, p�r'sonally appeared red WILLI O. `�0 � �an�on&1 ly. known to men or proved to me on the basis of satiafact@ky. Ovid-Ow6p to be the individual whose name is subscribed to the VitMa instrument and acknowledged to me that he e"cuted the sme in his capacity and that by his signature on the iAXtrVXMMt# the individual, or the person upon behalf of Which . tie iA4iV1d=1 acted, executed the instrument. STATE OF NEW YORK ) SS.. COUNTY OF SUFFOLK ) On the 25th day of April in the year 2000r before mer t'b@ undersigned, personally appeared JEAN COCNRANe WBOMIXYkn to me, or proved to me on the basis of satisfactory evidencer to b* the individual whose name is.subscribed to the within instrMlOnt and acknowledged to me that she executed the same in her cacit,Y and that by nher behalfnaof signature then individual umh individuslo, or the. person upon a Ledo executed th@ instrumento a ELIZABETH ANN NEV--, otary Public Noiary Pul-ti; , State Qt No. rig-£s1263-sn, SUMO!. cs :rti; Term Expires October 311, Joa ca Sca�pv A ALL -that certain plot, parcel or piece of land# Situate. lying &ad being ayo g Town of describedaslol3ow's�f Suffolk d Mte County a of New BEGINNING at a granite monument found on the northerly sid* Of Main Road (NYS Route 25) at the southwesterly coacher of land n0v or formerly of John Abadiotakis and Christian. Abadiotakisr forseirly.of H. Dwight Ripley, being the southeasterly corner of the presises herein described: RUNNING THENCE from said point of beginning South 66 deq.rS 01 minutes 20 seconds West along the northerly side Or l in mid (Mys Route 25) , 634.76 feet to a monument found and land now or fori"r-ly of Jerry H. Schofield and Frank Justin mcintosht THENCE along land now or formerly of Jerry H. Schofield and. FVank Justin McIntosh the following four (4) courses and distances: 1) North 11 degrees 31 minutes 10 seconds west„ 210.00 feet; 2') North 19 degrees 16 minutes 00 seconds Nest, 344.00 .feet; 3) South 65 degrees 47 minutes 10 seconds West# 213.37 toot; and 4) South 19 degrees 16 minutes 00 seconds East, 550.15 fwOt tO tM northerly side of Main Road (NYS Rout 25), THENCE along the northerly side of Main. Road (MYS Routes 251 the following two (2) courses and distances: 1) South 65 degrees 23 minutes 50 seconds Weans 205.49 f"to s 2 ) South 66 degrees 36 minutes 40 geconda Most. 589. 52 fejt to land now or formerly of JEN Realty Co; THEN CE.along land now or formerly of JEM Realty CO. t foil_aw ftq four (4 ) courses and distances; 1) North 41 degrees 39 minutes 10 :ec®ndn V09ts 1094.54 fe*tS 2) 3) North 65 North 32 degrees degrees 07 minutes 50 28 minutes 1.0 s4conds Naets 376.40 'feet$ Seconds NOS -to 982.97 feet; Old 4) North 32 degrees 57 minutes 20 seconds ftzt# 426.01 feet tO the approximate high eater mark of the Long Island SOWWS THENCE along the apprOXimate high W*tGv M&vk of the LOW 1S South the following fourteen (14) tie -11M C*09808 &Md 1) North 55 degrees 13 minutes 20 somrAS 988to 41.44 f Z8 1204 P toq qr6 2) North 40 degrees 13 minutes 18 seconds 940tk 162.82 fe0tm 3) North 48 degrees 59 minutes 19 seconds EASty ISG -47 ftetx 4) North 53 degrees 12 minutes.47 seconds East, 65.49 feet9 5) North 33 degrees 06 minutes 36 seconds East, 156.54 f k; 6) North 25 degrees 04 minutes 36 seconds East, '352.41 f'efvtt y 7) North 49 degrees 30 minutes 59 seconda 9.a3t6 SIM 8) North 64 degrees 30 minutes 21 seconds East* 163.50 ft-et9 9) North 55 degrees 49 minutes 13 seconds East# 172.29 fret#' 10) North 65 degrees 46 minutes 13 seconds East+ 154.46 feet; 11) .North 45 degrees 07 minutes 11 secondls .Fasto 135.34 feat; 12) North 55 degrees 35 minutes 02 seconds East # ' 214.29 ' f t.f 13) North 45 degrees 33 minutes 00 seconds East, 362.941 foot; and 14) North 27 degrees 45 minutes 52 seconds Zastj,5041.31 feet to land now or formerly of Floyd F. King, Jr.; THENCE along land now or formerly of Floyd F. King, Jr. the following fourteen (14) courses and distances: 1) South 30 degrees 10 minutes 40 seconds Easto 926..101 (*,*t 2) South 31 degrees 03 minutes 40 seconds East,, 300.01 fa*tz 3) South 28 degrees 19 minutes 30 seconds East,, 99.61 f"t: 4) South 13 degrees 46 minutes 30 seconds East* 33.69 feet; 5) South 27 degrees 56 minutes 50 seconds nest, 65.47 foot.; 6) South 00 degrees 19 minutes 40 seconds. Fasts 1.79.94 feed 7) South 01 degrees 34 minutes 00 seconds East, 300.20 feets 8) South 03 degrees 40 minutes 00 seconds East:b 100-00 fWO: 9) South 00 degrees 04 minutes 20 seconds Most# 1.72.71. feet; 10) South 05 degrees 39 minutes 30 seconds Fast.,, 100.91 fo@t; 11) South 00 degrees 39 minutes 30 seconds Est, 100.15 feett 12) South 01 degrees 45 minutes 00 seconds. Fasts 434.17 feet; 13) South 07 degrees 02 minutes 00 seconds East,, 40.19 feet; and 14) South 76 degrees 49 minutes 10 seconds Test.,, 155.11 feots THENCE still along land now or formerly of Floyd F. King# Jr. a along land now or formerly of John Abadiotakis and Christian Abadiotakis.o South 24 degrees 34 minutes 30 secs Onft Easto 905-0 feet to the northerly side of Main Road QII YS route 251 and M point or place of BEGINNING. -#-cov-0 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTI Recorded 12107;20010 Number of Pages: 5 At. 1.0 s0 24 AM, LIBER: D000220IDS RAGE : 979 District: Section: Block: 1t. 1000 035.00 01.00 025 000 EXAMINED AND CHARGED AS FOLLOWS, Received the Following Fees For Above Instrument. Exempt Page/Filing $15.00 NO Handling $5.00 COE $5.00 NO TP -584 $0.00 Notation $0.50 NO Cert.Cop.ies $4.00 RPT $15.00 NO SCTH $0,00 Fees Paid $44.50 THIS PAGE IS A PART OF THE INSTRUMENT Edward P . Romaine County Clary, Suffolk County Number of pages TQRREN% Serial certificate = Prior C':f = _ lkcd ',l,trt�., C Imuvment 3 Dred %lortg.1_'e I.t1 titanlp FI•F ti k ,*o4--', Dist. —4 1000 Section Bhxk Pa•'e : Ibne I e•c --- 01.00 025.000 C'I'i I:1ti tau, S Stamp "' V I Ha,t, ,1.11 — FlanShn� --- l ie -7 , rldd,ut.uel 1.,. _... — 1'p'SSJ _ Initiakl Sub total _..._ -_• •_ .-- NNotatten r ict Prnnerty EA -52 17!t'.tunl%I _.._.._ Sub local tilu 1„1t Spec Add _. Illi Mill IAA IMA I,,,ttt _ — -• Dual t 1111,1% - -- _ comm. of t d f� g (A . _; F.a lteld lta •lpptinutnnit nt ' ” ir:ul tel 1u1 Affidavit �� .� .i y'� ^ *''S iV}all,it'n 1.11 - t_cnit ed ('copy I lir lv,.pelty ,Dieted hi tills lllwl age r. tit ,,61'1 I.c lmptt,tt:d b} .1 tine or tial 1.111111% Reg Cep} _ -- - dwcl!nry unlc Sub Total- cnher — �� 5`, I1 tit 1. •« .+{�prt'p11.ne tat t tau,c ou pace r, GRAND 101'Al. —_ it[ 1111. 1INTlnnent Real Froin rt) Ias Service Agent.y Verification f C'onutninit} I'cetirr� uuurt Fund Dist. —4 1000 Section Bhxk Lot (-untiidetatiun ,1nttiunl g 035.00 01.00 025.000 C'I'i I:1ti tau, S Stamp "' V ImprweJ _ l ie -7 , at ant t and Initiakl r ict Prnnerty OWnars Mailina Addresil t�u.....�...,.. -- - .�1 RE('p1tD &RETURN'f0: Charles R_ Cuddy,Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 fly 117 s Tit(c C impanv Infirrmntian `o Name title—# ------. - • r, Suffolk County Kee®rdin� .� �uaorsel�erl� ra�� '(lti, page fi,nnti Gari of tlx attached _ C o v e n�'��.._d n d-f�ty.s_�r_i � ��. a n s n1.1ae t,� !Sf'I[{C'lfti"IYCt:t1f� INS{ltl;llf�?t:l 1 Peconic Landing at Southold, Inc.IbePremises herein isSlwut;dIII til TTOLK MUM V. Nl•\%' %'I IRK. [U !mile fovwshipof-- Southold In the VILL.M 11% or 111AMI.1:-I tit' 11 '11011 �taltltlW1)Itiiia,Irsll.t tit )XI:S 511 IRl{ 9,,%11. 15'I' [3F. Cl'1 f.:.I) Ulf 1 Rlti CI�.O.(ti MACKMACKINK t)til.ti' .w..o�. tt, IP I.u.l'-G:a'r b -•r1.¢ ,.. ht.Gt.tt.-r ,-I III, 11,.t_, 11.11 b;::11 IiICG! Ill 111\ otli:: and I -im cticil—It1L the original .op, ,t, 11 .I In.¢t.--utL•t 6•tYtt ¢9t°-tlthi\ ru.trlLagc pd\1 ent ml.luded \our rr 'I't.'tt\ UWN. \011 \I 111 II(M need P.r•P.,.mC ae,tc& 4"..0 1.'"11 1,1\ Rl-lei%er u) that \ou ma\ be hill;:d dire:tl\_lor ail future ph!Gnert\' r>, vr,.,ll-Ct'11a Lbw%.Jr: i`:'-A,I: h\0.: t \e.lr wi ,q hel.,re Ltnu.tr•, IW" arid tln or before 11a\ *I I .G!d,UrC 0. - P.tLGtc: 4'.t.!!,,..' , 111 t int t. ;: LI,I:1„1 ..,111.E r; •:111 1!I ,1 I1.1 PlIvie r contact %four heal l ua+n l at Urcen er as ilh an% yue.uons regarding property tax Pat air U1. lLvh'.1..tn I••.,n R. -,:\•:t •,I 1.1,G tCtP R >G,I 4Lttltl., 11 : 1:�\.tt ..°.,¢t�l 1 :99,EZ P1�:11! •t �, 1 1 11� � u ^ Ev.a'G' itott•t 1�¢•ro.Em19.9®K¢t lawn ll.'s:t\cI of law., Gr¢ l ate¢ %.Lmt 1 •¢t Is'lta¢,e.O9, % 1 11777 ¢�16147t 9¢'+a 1 .0,1 11I.P99B111"'r R n:ott R ,:,ci, tr ,I hw-% I+IICiIJ11�;9¢9tG�°!9 R°Llai E •P+9 R R.ld¢tlzG!¢4 �. �f I I `1 �' ¢°�lr�R is .t -„'►t [1P¢t9t¢¢YP6t..t8 lln%r1 Rt1;.t'raer of R.tties I910 %1.¢9x9 stwo 119G99tr9Yj;¢e,:¢9. g; N 11'4 P4�1(111*I 6'17 1.1¢1. E•.:a¢t Rvt.:t\Cr t,I I [ties �.b �,¢yo,GP6 �oaa'nUC 1,191. 17i I 0Its 1, 2:4.lihO h:•,eth:.ld I,�•..:1 KC.�tt•,•t ut la\es I"'I\clltcad. N 't' i llb)I 1";11,1 .','t10 Speller Island I o\\n Recci% r of l a\ei. Sheller [,iand l o\an Hall Shelter Island. N Y. I l ttn-} 51 t9 ) 74()- i , i X 5nulhlo\\n I o\\n Recen er ol'T.tre, I)t) West plain Street tinuthtu\-n, N.Y. 11787 1 16) ?61)-7h 11) SmIlhanII)tlm lo\\nI:ece1 of [2rXe5 116 I lampton Road Southampton. N.Y. 11069 (51(x) _'81-t)514 Southold I'm%n Receiver of Tags 53095 !blain Road Southold, N.Y. 11971 016) 765-180 Sincerely. ZL1� �trltict•x�'J R'.d%vard 11. Romaine Sultolk ('aunt} ['lerk DECLARATION OF COVENANTS'AND RESTRICtONS This Declaration made and dated the day o&g i000. by PECON'IC L. DING AT SOUT"HOLD, INC., with an office at Main Road, Southold, New York 11971, referred to as the "Declarant". W ITNIESSETHI WHEREAS, pECONiCLANDINIG AT SOITfHOLD INC. iSd*0WM*Fft3bVk of certain lands located on the northerly side of New York State Route 2S, GMMPO". 1"o" of Southold, County of Suffolk and State of New York, known and "Fated on dw Suffolk COMMY Tax Map as District 1000, Section 035.00, Block 01.00, Lot 025.000, 016 rime Pw*ob* described on the annexed Schedule A; and WHEREAS, for and in consideration of the granlwtg of said approval, the orat�ar � deete� it necessary, for the best interests of the To:vn of Southold, the o . WA! dw ir"C" of t surrounding community, that the within covenantsa W t'estric be on Wd Pa> a tl the within Declaration be recorded in the Suffolk County Cid'$ Off, NOW, TMREFORE, TMS 'DEC T'ON �►L'Q'1ai SET�e That the Declarant for the purpose Of eareying out the P dog make known, admit, publish, covenant and area the de aW hereinafter be subject to the following covenants whkh "eo wdh dw Wd ata i mft upon all purchasers and holders of said prenei , its MOSUM and to w*: 1. That the Declarant will prewV9 @Rd ' tln oftW known as Brecknock Lull, the existing bam adjacent the property described in Schedule A. Pagel of 4 2. That Declarant's efforts to preser-je, and maintain the character of tit pfewd structures will not preclude exterior or interiot renovation to ,provide for t(hv sa& and 0cmw wo of the structures. 3. That any substantial proposed change in the exterior design of the strc ta" AA he subject to approval by the Southold Town Architectural Review Bond 4. That the use of Brecknock Hall, the existing barn: ad*-ent Swap MW gra- shall be determined only by the Declarant; its successors and assigm 5. That the within Declaration can be modified only at the requet Of tht IvMV Of fibs; premises with the approval of a majority plus one of the Pluming Bond of the.'Tovm of S. alter a public hearing. Adjoining property owners shall be entitled to notice of-awb'pt but their consent to such modification shall not be required. IN WITNESS WHEPEOF, the Declarant above-named has exmded ttae for Declaration the day and year first above -written. PECONIC LANDING AT SOMOLD. INC By; William G. TW4SM Pre4&rtt STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the b day of -Aug", to the gear 2000, before nw, the un&rlir appeared WILLIAM G. THOM PSON, personally known to ase' or proved to me on ft ba satisfactory evidence, to be the individual whose nam is subscriWl to the vvkWn acknowledged to me that he executed the mme in his cqx6ty € nd that by his an t instrument, the individual, or the person upon behff cf whkb the WMW WM=Wed tw instrument. L , Notes isc page t of 6 tree ui r+ x s s as � icy na��w• All that certain plot. piece or parcel of land. --rtuate 1%mu .+nd heinu 4t (ortvnP+rc County of Suffolk and State of Nev- York. h,01'nde: slid de" '.1% eEi *. t.+llt•v% M40% Et rnt tinind tin the n�.rtherly wee ,, t .�1 t, N�� S R�'n,+epe "r'r "'�$ BEGINNING at a granite monum the southwesterly corner of land i%% or formed; of John Abdduitakrs Arid Ch2la %VuOvt �b +1�+�tJi�r�• formerly of H. Dwight Ripley. being the suuthea.tethv c«tttcs Of 01 l+rcclt.�'�•► it4teuF1, o1a� tib RUNNING THENCE from said point of beginning South t-jtr degrees 111 t�rtru�tes 2cY a�E�ux s'k%r� along the northerly side of Main Road (NYS Route 25), 6%4 76 feet to a tr otruuetiwnm fgnvMg1 and I MW now or formerly of Jerry It. Schofield and Frank Justin McIntosh. THENCE along land now or formerly of Jerry F1 Schofield and Ffank Jits m %U Av. ft�Nl rtn four (4) courses and distances I) North I 1 degrees .31 minutes 10 seconds West. 21tt tl0 fret. 2) North 19 degrees 16 minutes 00 seconds West. 344 tib fret. 3) South 65 degrees 47 minutes 10 seconds West. 21 t +7 feet• 4) South 19 degrees 16 minutes Ott seconds East, 550 15 fc-vt ti+ the rY�}rult�-rlw �+al�` "f %� urn R�"moi (NYS Route 25); THENCE along the northerly side of Main Foad(NYS Route ZS) the tAt�gBtQpaa distances: l) South 65 degrees 23 minutes 50 seconds West. DO 49 ft -t. 2) South 66 degrees 36 minutes 40 seconds West. 58') 52 (cwt ht 1 erid "Qv%v soli [tuna[ttl xNSc u�f J� Realty Co.; THENCE along land now or formerly of JFM Realtor ('to Obc te�lte►oxYtYs; taxdyR sop cu►xrnw� J distances: I ) North 41 degrees 39 minutes 10 seconds West. 1I1?A 44 (ret. 2) North 65 degrees 07 minutes 50 seconds East. 376 40 ket, . 3) North 32 degrees 29 minutes 10 seconds West. q82 87 feet. 4) North 32 degrees 57 minutes 20 seconds West. 42(9 8 1 feet tp the ;appaovEetatr bigltP W.'atel mark of Long Island Sound; THENCE along the approximate high watermark of Long Island soultal 1h (044t%*mg (molt 014) tie -line courses and distances• l ) North 55 degrees 13 minutes 20 seconds East. 41 44 fevo. 2) North 40 degrees 13 minutes 18 seconds East. 162 82 feta. 3) North 48 degrees 59 minutes 18 seconds East. 156 47 (eet. 4) North 53 degrees 12 minutes 47 seconds East, 95 49 fect.. 5) North 33 degrees 06 minutes 39 seconds East. 156 54 feet. 6) North 25 degrees 04 minutes 36 seconds East. 352 411 &T1, 7) North 49 degrees 30 minutes 59 seconds East. 81 53 feta, 8) North 64 degrees 30 minutes 21 seconds East.. 16+3 50 feet. 9) North 55 degrees 49 minutes 13 seconds East. 172? 20 feet, Page 3 of 4 �ko?q3 10) North 65 degrees 4(% minutes I 1 second% I,wrt. 144 4tt*cvt. 11) North 45 degrees 07 minute: I 1 .econck Fa%t, I tS is tiet. 12) North 55 degrees 35 minutes at_ seconds Fa.t. 214 }i; f --O, 13) North 45 degrees 33 minutes (U► seconds F.W. 1r►: 14 IEet, 14) North 27 decrees 45 .econd• I•;t%t, ';"4 11 tVet to t,artd reg•%.+, au, Capri, merIN. -14 141%31 F King, Jr., THENCE along land now or fimme►h of l-lo%d I- Icing, Jt the lotlim-e►re u U 1d ,ami distances 1) South 30 degrees 10 minutes aft seconds Vast, 92t, 1tr fist, 2) South 31 degrees 03 minutes 40 seconds East. a►tt 10 feel,. 3) South 28 degrees 19 minutes 31t secondti 1?act, 89 61 feet, 4) South 13 degrees 46 tninutes. 30 seconds East; ; ;b8 fort, '•) South 27 degrees 56 minutes Sit seconds West, W; 47 feet. 6) South 00 degrees I c) minutes alt second: t.a,t. I ,1) 1 4 feet. 7) South 01 decrees 34 11111MICS uu WCOMIS I•.a.t, 100 20 fief. 8) South 03 de�,rees 40 minutes t 1) wconds FaNt. ItMt f„rP kvi. Q) South 00 degrees, 04 niuuttes 20 srcond. %Vc%t. 112'"1 fiat i()) South 05 degrees 18 mmutes 40 %econds 1•..t•t. Itta► jai feet III South 00 degrees ?c) minutes art ,candy h.t+t INb t y fist. 121 South 01 degrees 45 nunutes int seconds fast. 4'14 17 fist 13) South 07 degrees 02 minutes tu) seconds Fast, 4'e P) feel. i4) South 76 degrees 49 minutes If) seconds West, 145 t I tict THENCE still along land now or fimnerly of Illt►%d 1: I*,n�. )r .urj 4C MU' t.Maxd „wA-�% .11 John Abadiotakis and Christian Abadlot;&kis, South 24 cics.:rer. 14 rrr.aseeeec-t w%6thi6j,� 1 .tom %'JA feet to the northerly side of Main Road (`N'S route =41, ibe psarrpi Kea 14-swr.41 10 ro1�:i4(:b fame -8 of -8 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTI Recordad: 62106/2001 Number of Pages: 5 At: 03033eos VN LIBER: ID000121-01 PAGE: 134 District: Section: Block: 01.00 Lott 025.000 1000 035.00 EXAMINED AND CKMGED AS FOLLOWS Received the Following Fees For Above InStsument t Exempt Page/Filing $15.00 NO Handling $S.00 5-0-00 no COE $5.00 $0.00 NO TP -584 NO Cert.Cop€es $4.00 go Notation RPT $15.00 NO SCTN $0.00 no Fees Paid $44.00 THIS PAGE IS A PART OF THE INSTRUNWr Edward P o ROMIAO County Clark, sufgolk County Number of pages 5 TORRENS Sena•—•�_ Certificate k Prior Ctf. # _ peed r Mortgage Instrument - Deed %1torleage lax Stamp I Re�nidui� f iluig tiimnps "� FrFt Page I Filing Fee -- 1landling TP -584 Notation EA -52 17 (County.) cA-521,7 (State) R.P.T.5.A. Comm. of Ed. 5 O Affidavit Certified Copy — Reg. Copy Othcr -- Sub Total _ Sub Total __-- GRAND TOTAL 1 Real Property Tax Service. Agency Verification [list. Section B lock Lot 2 1000 C35'-0 01 C%r-; C' 250cc� S z fir' Onitiat 77 Satisfactions/Discharges/Releases List Property Owners Mailing Addre RECORD & RETURN TO: CHAT -`7: - 4415., JE RIVLR'ttt..1, I t , -01 Mortgage Ann _---- I Basic I.Lx Addownal I.ta-__-�•- Sub Total Spec Assil yi Spec Add.-�-- fol MI(i IAX__— Dual I nwn Dual Yount% - Neld for .Apportionment transfer lax Mansion lax 1 he propcn} Lasered by this nwrtgage is or will he itnl,ro%ed by a ane or two, family dwclhng unh Yt',_.or,Ntl II No, sec appropriate tax clause on page rt of this instrument. 6 ('urnnnunity Preservation Fund Considcratit•n Amount $ (.14- •far. I7ue $ Vacant Land TD _ .I.0 _ '1'1) �� '9'i�l� Coteepaet� 1�9'oreroa�6cmea Co. Name Title N- -•--------------------.... ; Li�I��1C �L; iLLl11[y �es✓orcli>l� M r,11Uul 6t;111C1 tL It-dPU TWsp?.gefomispart ofthe at=hel Declaration of Covenants and Restrictions niadeby_ (SPFCIIY -IYPf; OF INS' RIJWIl Wl- ) I a n d i n a of Southold. T n c .. -Ibe premises herein is ::iivated to SUFTOLK C•OUNFY. NEW YORK. oro In the Township of Southold - _ In the VILLAGE: or IIAMLE I• of BOXES 5 TE IRU 9 MUST BE: TYPED OR PRINTED IN BLACK INK ONLY PRION TO RI:C( RDJN6 OR FIt. INN. I 11e"u @s�lnb�cr, i�`a�,wa rgt�)tiAanayrp.=1 nnFatgagr tea, been tiled ill my office and t am enclosing the original copy fArt �antyr r��ar(aly 114 paartt�rn a>i )bras nupeAly mortgage payment included your property taxcs, ,ou will now reed mo 4 l .ul 6.0-_ ��n. 6 a.%Rg�ivcr ,u that you ma • he billed directh for all future property trq_� 6�uGt'� I ,K.ao pre►pkrty Ltuo. arc payable twice a year: on or before January 10'f' and on or before May t l" I ,rula<Ic taa on,rf<c laeyattents in is tilttcly fitshion could result in a penalty. eltaw cantata your local Town 'Tax Receiver with any questions regarding property tax pay ntg*t. lutiyy Vag I imn Reccivei of I axcs Zw I a -t °iaJonw I ltgh Aay %apith 1.aowlrnhur•it, N N' 11757 (5l b61057-19WA Iieara�Lftwracta la►%%ati Kccetter of -faxes !,ktk I-iva Wain Sheet pan lclicrum. N `a' 11777 is 16) 471.0236 l.a�t I Iitn piam I ap%n Rco civer of Taxes 11unittar 111aac I• a %i l l.aatup>ion, N Y 11917 there 124 -?770 laattlbloge rn Town Rece+ver of Taxes 100 mlain street I1umttngtan. N Y. 11743 i516 .851.3217 I56p town Recover of Taxes 40 Namaiu Avcnuc Islip, N. Y 11751 (5116)224-5580 Itiverhead Town Rrcei.er of Taxes 2001 iowell Avenue Riverhead, N. Y. l 1901 (516) 727-3200 Shelter Island Town Receiver of Taxes Shelter Island 'I own Nall Shelter Island, N.Y. 11964 (516)749-3338 Smithtown Town Receiver of "faxes 99 West Main Street Smithtown, N.Y. 11787 (516)360=7610 Southampton Town Receiver of Taxes 1161lampton Road Southampton, N.Y. 11968 (516)283-6514 Southold 'Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (51.6)765-1803 Sincerely, ��4tz) Edward P. Romaine Suffolk County Clerk 044 DECLARATION OF COVENANTS AND RE:tiTRI("I'!+lMS THIS DECLARATION, made theil3 day of -7s."fl..►r?' m<«rC h" Pvv. ,-t Landing of Southold, Inc, residing at Feather I Fill. ltoute 2i, %vi4 Y,A til$ t! h lu-b% 430, Southold, New York 11971), Declarant W ITN E:SSFT11 WHEREAS, Declarant is the owner of certain real pro}pVrty ratuaaly E@9 the I own of Southold, Suffolk County, New York, more particularly bounded and C-1 v'xnth on SCHEDULE "A" annexed hereto, as provided by Declarant, and WHEREAS, for and in consideration,of the granting of Special Perinit atlrpPo". a6. Aw Town Board of the Town of Southold has'deemed it to be in the hest interc-wk of tlhv t; unvo due Southold, and the owner and prospective otianers of said parcel. that and restrictions be unposed on said parcel, and as a condition oCg.rtr6tattg,.taei ,.de: 1"I,art ,a€reI Towat Board has required that the within Declaration be recorded in Clic 'tiaaffvlk ( ount% Clerk ,\ (Mr. and WHEREAS, Declarant has considered the tirregonaL a4tui a uturrs-mcki cPwaa �xnll he m the best interest of the Declarant and subsequent owners ofsaid parcel NOW, THEREFORE, THIS'DECLARAM1'I' %N I'1'NF:titiF:`I'11: That Declarant, for the purpose of carrying out the Internaol;%al}aP., 6hm—,hvrvlw� MWA.oP known, admit, publish, covenant and agree that the lard prCntrSt9 IMCM &-.• rrtrCal 411all IiWf`-ktA9P bV subject to the following covenants which shall run with flIC 6114 .areal -41141 bC A,kll purchasers and holders of said premises, their heir~, exccutor%, dwIrfticrt:t< successors and assigns, to wit - 1. That the Declarant and any successor in intere--t acid the Ifv0-tr. n*-- @HUF�arrc� shall be bound' by the terms of this Declaration 2. That regulated freshwater wetlands wo ociatted ooeah ( olla- t I oarR lat•,.kred 6cn 1h6s properties ofPeconic Landing at Southold and their hcar�, oar®as;;&e +4 *r* Tho'l property is subject to the provisions of F:meionmcrrtaE ('on.w(9,n oon Law Article 24, and the conduct of regulated activities s'laav cae:cur pends junwant 16) 1-94. Article 2.1 if prior approval is given by the Nvw York Newc IX-parttinvoae "f Environmental Conservation (NYSI A'j or its succev%torls) I upulawd aIcnvttr include, but are not limited to clearing of e-egetatratn,. alppigh stwn 4 chcow'sl_n,, excavation; grading and filling. and erection ofany ,treaa:taerclgl Declarant has hereunto set his hand and %Val tite slag and war ;*K+%c togas %VnPun lwaQ Wl-f%wfJGalt. William C. Thompson, Pvrostalrnt Peconic E_andlaat air sibu&p-•,is01* ino STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Onthe,_93,dayof in the year ?.®UR, before odic, the uivJct%zSACd, pso appeared & //�c.ti �' 7 .,9 y .s r :. �F i r►.. .. �*Mz44%.e- personally known to me, or proved to me on the basis of satisfactory e�cidei c, to lig tl' "vi" whose name is subscribed to the within instrument and acknowteclgecl t� met t e r�tcd It same in his capacity and that by his signature on the instrument, the individual. at 6I* per -um behalf of which the individual acted, executed the instrument. Notary Public --- CHAF MOM f Y Pt+b.ft 6 abit.0I Mr.VXk d in i� OQ7';�b . t�+i triton Exp",Dkorow; t j All that certain plot, piece•or parcel of land, situate, lyipg and beteg at t irccrepov, County of Suffolk and State of New York, bounded and thmcntital a% eiY okuti. BEGINNING at a granite monument found on the northerly edc of Main Rexad t'` VS Rvxae 2iI the southwesterly corner of land now or formerly of John A hadiwakk% and ft'lturammn Ah"tf .ak,e* formerly of H. Dwight Ripley, being the southeasteily corner A'tttt prcon uns. twervo deW etlW4 RUNNING THENCE from said point ofbeginning South 66 dettects Ot numpt" W along the northerly side of Main Road (NYS Route 25), 634 76 t'eet to a ma►nrtrurtnp hawed "d wd now or formerly of Jerry H. Schotield and Drank Justin McIntosh. THENCE along land now or formerly of Jerry I Schofic•fci :incl Tr;enk I!aa�taen'1tclattov�8a t1r� fa>I?�uuwu four (4) courses and distances: 1) North 1 I degrees 31 minutes 10 seconds West, 210 rM feet, 2) North 19 degrees 16 minutes 00 seconds West. 344 00 feat., 3) South 65 degrees 47 minutes 10 seconds West, 213 37 feet. 4) South 19 degrees 16 minutes 00 seconds'Cast, 550 15 feet to Clic north,etly v4de of ki<ailnn jt( (NYS Route 25); THENCE along,the northerly side of Main Road (NYS Rome 2S) the farlfowing tazan t2lcAi distances: 1) South 65 degrees 23 minutes 50 seconds West, 285 41) frct, 2) South 66 degrees 36 minutes 40 seconds West. 581) 52 fcct to Pawl rno% &q fearr Ry O(jj Aj Realty Co.; THENCE along land. now or formerly of JEM Realty Co the false f41 eout atm distances: 1) North 4.1 degrees 39 minutes 10 seconds West, 1084 54 feet. 2) North 65 degrees 07 minutes 50 seconds. East, 376 40 fent, 3) North 32 degrees 29 minutes 10 seconds West, 982 87 feet, 4) North 32 degrees 57 minutes 20 seconds West, 426 81 fect. to the appromma, c 914-gh wastj mar': of Long Island Sound; THENCE along the approximate high water mark of Long Island Sound the folbiwaeqgg fowlem t 14) tie -line courses and distances, 1) North 55 degrees 13 minutes 20 seconds East, 4144 fret, 2) North 40 degrees 13 minutes 18 seconds East, 162.82 fw 3) North 48 degrees 59 minutes 18 seconds East. 156,47 feta. 4) North 53 degrees 12 minutes 47 seconds East, 85.49 feet, 5) North 33 degrees 06 minutes 38 seconds East, 156 54 fed. 6) North 25 degrees 04 minutes 36 seconds East, 352.41 tees, 7) North 49 degrees 30 minutes 59 seconds East, 91.53 feet, 8) North 64 degrees 30 minutes 21 seconds East, 163.50 fees, 9) North 55 degrees 49 minutes 13 seconds East, 172 tel feet. Page 3 of 4 V, jrJ 10) North 65 degrees 46 minutes 13 seconds NO. 154 46 feel. 11) North 45 degrees 07 minutes 1 I seconds Fast. 135 34 fec'. 12) North 55 degrees 35 minutes 02 seconds Fast, 214 28 fret. 13) North 45 degrees 33 minutes 00 seconds Gast, 362 91 fe vi. 14) North 27 degrees 45 minutes 52 seconds Bast, 504 3 t feet tc, lamt nil v �,,r F q�ze*S'A ' °� F. King., Jr.; THENCE along land now or formerly of Floyd F King, Jr the I' Ale+WSW fOeevs :, f t r 4 d f distances: 1) South 30 degrees 10 minutes 40 seconds East, 926 10 feet. 2) South 31 degrees 03 minutes 40 seconds East, 300 0.1 fret. 3) South 28 degrees 19 minutes 30 seconds East, 89 61 feet. 4) South 13 degrees 46 minutes 30 seconds East, 33 69 fret. 5) -South 27 degrees 56 minutes 50 seconds West, 65 477 feet. . 6) South 00 degrees 19 minutes 40 seconds Cast, 17094 fact, 7) South 01 degrees 34 minutes 00 seconds Fast, 3010 20 fe -et. 8) South 03 degrees 40 minutes 00 seconds last, 100100 feet, 9) South 00 degrees 04 minutes 20 seconds West, 172 71 feet. I0) South 05 degrees 18 minutes 40 seconds L=ast, 100 4; fat. 1 l) South 00 degrees 39 minutes 30 seconds East, 100 15 feet. 12) South 01 degrees 45 minutes 00 seconds East, 434 17 It9 1. 13) South 07 degrees 02 minutes 00 seconds Cast, 40 1e1 fget, 14) South 76 degrees 49 minutes 10 seconds West. 155 11 feet, THENCE still along land now or formerly of Floyd F. King. Jr anti along iand-DOW.41t raluml of John Abadiotakis and Christian Abadiotakis, South 24 degrees 34 ttrinuies t0 se t. 1: , 8 feet to the northerly side of Main Road (NYS route 25), tate paint or r1ace t�d'i'tt"GINNING Pane 4 of 4 10,1111000111111 Tel Type of Instrument: ERSNNUT/OOp Number of Pagea • 17 At: TRANSFER TAX NUMBER: 01-13053 0� ' b 17" District: Section: Lot: 1000 035.00 01.00 025` 000. BRAMIN= AND CNMVAUD AS VCffAM- Dead Amount: $0.00 Received the Following Fees For Above 1ustt t Page/Filing $51.00 NO MUKUl" e 00 COE $5.00 NO Tp -504 $0.00 Notation $0.00 no Cwtecapb" Su" RPT $15.00 NO am 0.00 Transfer tax $0.00 NO COM.3 SO -01. 7660 Paid •, TRANSFM TAX : 01-13053 THIS PAW 13 A PAW OF T5$ E Yazd V.VAXNdWS County Clea k, ftffolk Number TORRENS I Serial # Certificate # Prior QE # Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp Recording t Fiting Stamps 4 I rnrb - - Sub Total Reg. Copy Sub Total dq 0 _ Other / r GRAND TOTAL b Mortgago Amt. d �. t. Basic Tax a 2. Additional Tax Sub Total SpeclAssit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax Mansion Tax The property coverts by th-is mortgage ix or will be improved by a one or two family dwelling only. YES or NO if NO; seeAppropriate tax clause an POO of this. 0o Real Property Tax Service Agency Verification r 6.1 Comrnunit Preservation Ftmd Dist. Section B lock Lot Consideration Amount.,$ 1000 035.00 01.00 025.000 CPI+ Tax Due g Improved Ini s Vacant Land . 7 Satisfactions/Discharges/Releases List Property Owners Mailing Add TD RECORD do RETURN TO: Verizon TD 501 Norzh Ocean Avenue TD i• Patchogue, New York 11772 Room 105 1. Title Company infotrlalio® Co. Name Title # 9 %iffnik ('nrnanf%r %annrXinti Rr 1�'i si n>aess�.rus t:l�.,rQa, This page forms part of the attached Easement - VI.106694 , ade by_ Peconic Landing at Southold, IWt 13CIFYTYPEOFIRSMWWr) Feather Hill The penises ises herein is situ in Main Street Cnnthnl - N w Ynrlc 11971 SUFFOMCOMI'Y sN WYORI:t. TO In the Tow"pof Southold Verizon 501 North Ocean Avenue IndwVII.LAGE Patchogue, New York Room 105 or Y iAldlL� T of Gr¢enpiT- BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK M ONLY AUCR IO iE ORW4G M FJU ' Page / Filing Fee 5 ' Handling TP -584 Notation EA -52 17 (County) EA -5217 (State) RP.T.S.A. Comm. of Ed. 5 00 Affidavit Certified Copy Sub Total Reg. Copy Sub Total dq 0 _ Other / r GRAND TOTAL b Mortgago Amt. d �. t. Basic Tax a 2. Additional Tax Sub Total SpeclAssit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax Mansion Tax The property coverts by th-is mortgage ix or will be improved by a one or two family dwelling only. YES or NO if NO; seeAppropriate tax clause an POO of this. 0o Real Property Tax Service Agency Verification r 6.1 Comrnunit Preservation Ftmd Dist. Section B lock Lot Consideration Amount.,$ 1000 035.00 01.00 025.000 CPI+ Tax Due g Improved Ini s Vacant Land . 7 Satisfactions/Discharges/Releases List Property Owners Mailing Add TD RECORD do RETURN TO: Verizon TD 501 Norzh Ocean Avenue TD i• Patchogue, New York 11772 Room 105 1. Title Company infotrlalio® Co. Name Title # 9 %iffnik ('nrnanf%r %annrXinti Rr 1�'i si n>aess�.rus t:l�.,rQa, This page forms part of the attached Easement - VI.106694 , ade by_ Peconic Landing at Southold, IWt 13CIFYTYPEOFIRSMWWr) Feather Hill The penises ises herein is situ in Main Street Cnnthnl - N w Ynrlc 11971 SUFFOMCOMI'Y sN WYORI:t. TO In the Tow"pof Southold Verizon 501 North Ocean Avenue IndwVII.LAGE Patchogue, New York Room 105 or Y iAldlL� T of Gr¢enpiT- BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK M ONLY AUCR IO iE ORW4G M FJU Vaire$tn�eu �ufl us�asEgg -ge has been filed in my office and 1 am enclosing the original copy for your U* o 4 � r amift nuotgage payment included your property taxes. you will now need to M In ReMW&L sat att you maty be billed directly for all future property tax Laval r* "rty Mata are payable twice a year: on or before Jamiary 10'h and on or before May 31 rallurr to aw1w pa.%inmis, in a timely fashion could result in a penalty. Views met rose lmd Town Tas iteeeiver with any questions regarding propertytax Bakkvlan Town fbvelver of Taxes Riverhead Town Receiver of Taxes 200 fit Sunditse HlOway 200 Howell Avenue Nanh Untkithurst. NY. 11757 Riverhead, N.Y. 11901 k 11957- 3 (631) 727-3200 B"N)kh&Vn Town Receiver of Taxes Shelter Island Town Receiver of Taxes ' 250 Cam Main Stmt Shelter Island Town Hall KO JdkTson„ N.Y. 11777 Shelter Island, N.Y. 11964 1631147.34Y236 (631) 749-3338 Ea*t I"fampton Tosm Receiver of Taxes Smithtown Town Receiver of Taxes aw ftnt*o PlacV 99 West Main Street Eam 1lampion.. NX 11937 Smithtown. N.Y. 11787 KM 324-2770 (631) 360-761.0 Huntid"on, Town. Rmdver of Tates Southampton Town Receiver of Taxes ' 100 Main Stmt 116 Hampton Road 1° untim,gton. N.Y. 11743 Southampton. N.Y. 11968 0011351-32,17 (631) 283-6514 Qtr Town Rft-ej °gr of Taxes Southold Town Receiver of Taxes 40 eta Awnue 53095 Main Street } Nip. K.Y. 11751 Southold, N.Y. 11971 t W311224-55W (631) 765-1803 Sincerely, 0 Edwatd P. Romaine Suffolk County Clerk d 2/W f VJ106694 GRANT of EASEMENT, sad* this 5TH day of ay, 20iii. Between PECONIC LANDING AT_SOUTHOLD, INC. • residing at reaPry mi 1 1 -Baz 410 S-1.1-1 A NY1—_17-Ah=Q • (hereinafter referred to as "Grantor") to VlRIZON NEW YORK INC. tfOreisril known as Now York Telephone company), a corporation of the State of Now York, having its principal office at 1095. Avenue of the Americas, Now York, New York and L.I.L.C.O. dbt L.I.F.K., 0 175s. Old Country Road, Hicksville, Now York (hereinafter referred to as "Granteo"). wammas, the Grantor owns in fee a certain parcel of land situated e DIST. 1000, SEC. 035.00, BLK. 01.00;• LOT. 025.000* in the Cownty at sy felti , State of Now York, as shown on SlsisiT ' a - '• '. attached hereto and hereby made part of this Grant. NOW, TBEMFORE, wITNESSETHI FIRST: That for and in consideration of the sum an one Dollar ($1.00) in hand paid by the Grantee to Grantor, the receipt of which is hereby acknowledged, the Grantor grants unto the Grantee, its successors and assigns, the right, privilege and authority to construct, plats, operate, replace, remove, repair and -maintain 'service lines, including ,I buried cable, pedestals, conduits, manholes, stubs, eablitp wires and fixtures as.th* Grantee may from time to time dem Macestary'upon, o'Vsra under and along the said land and the highways adjoining or upon said iand,' approximately as shown on Zibibit, " a - M ', tog*Uwr rith'tba right of ingress. and *gross to exercias all of the rights hakein granted {� and with the right to trim any tris' and roots along said lines, as reasonably necessary,, to keep the said facilities free and clear fro® interference on said land and said highways. I azconDs The exclusive and permanent right-of-way and sadwent above described and herein conveyed is intended to prohibit the lmoitudinal..or parallel occupancy of said easement strip by Others, including Grantor and to prohibit surface or subsurface structures or otherwise of others, �i including Grantor, which mightdamage or interfere with the Operation add 1 maintenance of Grantee's facilities without .the.prior written. consent of Grantee, but is not intended to prohibit crossing of said segment strip so long as such crossings do not interfero with I� or prohibit the full neo of' thin easement herein granted. Grantor agrees with the Grantee, an behalf of. himself, his successors end assigns, and as a covenant running with the land, that the grade - existing 'at the& time of exoeueion of this grant of easement will remain undisturbed'- and a -.changed. (mat withstanding 'anything'to�the contrary contained within this ®ash VERIZOH Mw YORK, INC. ( formerly known as Now York T@lsphone CbMPMY) does .not object to natural gas, electric and/or cpble -tv varviees' occupying space in or around the easement corridor provided that 30 dal. notice is provided to grantee and appropriate safety Measures 'such as toning and marking are taken). THIRD: The Grantor hereby' gra:ito unto the Grml:tA�*, its 611CCGCSCCW . and assigns the right to permit the attachment 'of thea ' CONMUn1C&tioa avid electric service wires and facilitiem of Other Utilityl Ccogabiss sad to con:aay to such other companies iin intern in the rig*a gSint*d mtdQg this Grant. v.ouRws It is a condition og this Grit that! each Co porauali receiving 'thim Grant mhall pay the coast Off:tsn7 nl8 excavation©., made by that corporation under g .bra coot te} restore or . r®pair any damages dons by..that COTEWrtim to" 09.the Grantor while placing, replacing, r®lcsati*Q dtinge rwaLru*r alaint&iining, ronmwing or r€emsoving its .2MCLI OOP + 11 @mum &MM010M. and indemnify the Grantor from any inj=T to fts V9C58#7o ftm OPPICHOW I or the public which may at any tie tk* li cit to t `I corporation. IGrantor hags duly esnecuted thw GraVA tam znT Sisk � writt®n � SIC .1 VJ106694 R'3'1= or UM YORK ) ) MA.: COUM Or qTYPPOTM � 6 q' -D on the�th ' day of May in the year 2001 botove, &*. tho undersigned, _ _ a- yebery 011 W.G. Thompson , personally known to me or proved to we ao the baal* 4# satisfactory evidence to be the individual(s) WhODS MANO(a) 10 (moi) subscribed to the. within instrument and acknwIedged to as that hG1-jfiQjfi6j1 executed the same in hi,6/90/tWIVI CAWItTr, arA that by hisItAklifibLk 8ign&turQ(6) an the instrument, the individualid), Cc ft* 1pzrson upon behalf of which the individual(*) aCtOd, 4#@QUtCd 00 I CAL9(lr - I I Rio= STATEMUff OF COWLIANCE RE: VJ106694 "Peconic banding" I have reviewed Verizon New Yqr% lot. PWwArlyAww.;&xv;wvwk Telephone Company) P"nmd to pm wa service- to dw. :6f division, includin the to 649mal g sting thew ae (including joint. budW ile' Vis) acid tf 11p n full compliance with ago AEkr- including New York State DtPartwmt Of ksifle i Wetlands. PECONIC LANDING AT SOUTHOLD, INC oF fi SEE EWBIT "W VJ106644 iS -n• .Flo EM Of @AWWO t W EASEMENT now or formerly Peconic Landing At Southold Inc. f— PLASK CEINWT MANHOLE 6ALV. EL. CCII mir u. MAIN ROAD. (N.Y.S, RTE. 25 k. EMAP OF (EXHIBIT 'A°' PROJECT LOCATION: UTUTY EASEIdENT TO BE AT GREENMY.' TOWN OF WniN9SOL• SUSFOUt CCURIV. NEW WON# Br W z0N PROJECT " DESCRIPTION: a s aw @L g. VAMIMVE CWWT AND CABLE. taaan Taff MP psr. IOt� szcf RXRX!l7 LO/ a! Young, Land Suvvayo7s '' "b�9 -/ AimrrOY�uL 16ro rayl. rr6flr 9sp amrn v, n aw r r a rna-raa) now= M YGUMC. N.Y.% l.$. X46. ©SGk89a a n ex Cdt� �6g' GsN � 2 > , �i0l T AS D. My tym% F:E. SEE �V W-0' E/O EDGE Or PAVEMENT vi 106694 2'-0' W/O EDGE Of PAVIM911T t -p' 5/0 EDGE Or PAVEMENF PLASTIC CONDUIT now or formerly Peconic .Landing At Southold Inca TA TA 10' EASEMENT ' l D REt33€Y T91 ,: 'PCI ' I�S� fvTVS) Aim& . S-0' C/O EDGE Or PAVEMENT MANHOLE SEE EXHIBIT 'A" REAP OF: EXHIBIT QB" PROJECT LOCATION: LEOE:• umm EASEMENT TO BE AT CRIEUVORT.. TM OF SWIM=e, rATQ R ACQURED BY VEMZON SUrrax COUNTY. NEW Y'&'OL + WorkoT, AS PROJECT DESCRIPTION: • R11ME at, � SAM lOs119 MMMM CONDUIT ANO CABLE. CMIir TAX L1AP OPST. 1000 ETOT: 35 FAR. 03 LOTS Ya%ww & rou"g. Land surveyors IdTs O�6cmldrr Avmm-4 99tiri QT!-91'f-W0J ' Am. Y• rf. & ZL (11/0-roDI) A1aword 17 b La S wtpw NOWARD T0. VWfi7O. N.V.& L? NO 4 �Se . f ©:tom' T..' C a' 4.'VA= SM6. TFWAS M =MT. PLYA P.E. NA x149} dw Ai! 230- tT l D REt33€Y T91 ,: 'PCI ' I�S� fvTVS) Aim& . ■ I � S/0 EOGE PAVEMENT MANHOLE 10' EASEMENT VJ 106694 I, -746pro. r� ;rr NEW PATH a' -W E/0 EDGE Or PAVEMENT r' now or formerly Peconic Landing ' At Southold Inc. �--- PLASTIC CONDUIT / / Z -d' M/O EDGE Or PAVEMENT i IL SEE'EXHIBIT `Ir MAP OF: EXHIBIT "C" PROJECT LOCATION: LEGIE1 . UTUTY EASEMENT TO BE AT GWENPORT, •Tam Of swnmo s Ps9 ACQLKRED BY VEMZGN SUFrOLK COUNTY, NEW YOM c. 11" , PROJECT DESCRIPTION: MQwj1Kft maw MV MAPRUU!E CMJ=lr AND CABLE. CMXTV Inn MM DIST. I= SM. a MSL M lOF M � m f�IE S0�g10 ? Yorang & Young, Levu£ Surveyors 4■o 02b=dw Avow*. Mworhnad Now rawft ff■■I as-ats--taw araaw v. r rs s (rmx=raeq Crocr�� i' f�.i Srvwy.r NOWAaD W. VCWrC f&X& LS.'=-45G3$a c v ry re" .1�.�+.r ear THOMAS C. WG&PERT, RE l;Tl. .. ,NX% ,014Ai @QOO+b•# j Mm j ��3 PM asra A% am n.�`s omm 11 SEE EXHIBIT OV vi 106694 . ' V r r r � T e/ 2'-S" E/O EDGE OF PAVEMENT NEC GA1t1 r 0 m� now or formerly Peconic Londing m r 10' EASEMENT At .Southold "IRC. x W W ' W N B' -O' N/O EDGE OF PAVEMENT SEE EXHIBIT 70 MAP OF: EXHIBIT "E'° PROJECT LOCATION: : UTAJTY EASEMENT TO BE AT CKENPORT. TORI Or SOUTTOW.En is poomp Donal AGED :BY VENIZON SUFFOLK COUNTY. REV Y=:UWAXAM DESCRIPTION: (amPROJECT a II M 21 i MANHOLES, COMWIT ANO CABLE. COUNTY TAX VAP DIST. 1000 EEet 95 MX 51 LOT' �9 a lax FISC YbUu 99 & Young. Lcmd Suruoyars 400 Vabar far Aweuv, RLvetAaa/. ,flaw rack treat Bit-7sr-Sidi IfC: n W. 9 P.B.: tr bS, te0!-t6e1) THOMAS TY YOUNG., LS: -NA 43 Yh . o' LM M.Y. TTHOMASC. F70LPERT. PI.XB. P.E: = 61493 .Pctil ca wan= 10 81tvfFS2t t Nr lA,� WT78' VJ 1fT"94 i J m , W-0' E/0 EDGE Or PAVEMENT now or formerly Peconic Landing At Southold Inc. � 'tr Mr SEE EXHIBIT "E" W-0 5/9 EDGE OF PAVEMENT 10' EASEMENT a ' 1 Al lie B'-0' E/0 EDGE OF PAVEMENT /17 SEE EXHIBIT "K" MAP OF EXHIBIT "F" PROJECT LOCATION: UTOdTY EASEMENT TO BE AT GREENPORT.' TOM'Or SOUTUOID, " RNOFORM "Now ., ACOUXFED BY VE MZON SUFFOLIT COUNTY; NEW TOWs"'N..F. B¢ r MOOMW IaPIiM PROJECT DESCRIPTION: Of." W MANHOLES, CONDUITAND CABLE. COUNTY TAX MAP 1XST. 1000 SEC& 33 01X. m for 8i o sun FOUM!} Young roung. Land Survoyara 490 O.hsnder Avenue. ATwrh*a4 New rar& 11001 wlPww A - u nae eMmn irnaq ps Q -law) �-8r W. KY.S. FX 43 oAiix llraas Fes. iaif ,fiaTa.°u a R°.'yorc"JL +Mlb.t•� TTNOMas +MAL T; UM 01UM eOl.0.'Rk aS4�ililY a wan= 10 81tvfFS2t t Nr lA,� WT78' 0 per, � ,Y. "FP2 MAP. OF: EAHIBIT G PROJECT LOCATION: U1ILJTT EASEMENT TO BE AT piEENPOS9T TOM W. SOUTNOIO.o can= Bmt0tF ACQUMED OT VERUZON VJ 106694 - 58 n 6INC my,°' SEE EXHIBIT *H. YANFM$. CONDUIT AND CABLE. CMM7V TAX UAa MST. IMU SECT. 35 MM. TH LOT 22/� @ SmZ Roo li i Yaung & Yauag, Laved Suivoyors 3.9 e f / � r r oaT-ss7 rsw All, v. Ywsyx PJ. *,LS. t406-1864) TTS c amg;,l W-0" E/O EDGE Am 3%sm 0 " m �. TRONAS C I LPERT, q Y.S P.E 600O(Q®S OF PAVEMENT `+ 4 f ss r! s* I , 2'-0' E/O EOCE OF PAVEMENT A C 10' EASEMENT I � 5? ■ F- SJ o m � 0=0' E/O EOCC OF PAVEMENT W i En W -O* SID EDGE OF PAVEMENT / ti now or formerly hti Pecoric Londing �. At Southold Inc. GO W W • U) e e 0 per, � ,Y. "FP2 MAP. OF: EAHIBIT G PROJECT LOCATION: U1ILJTT EASEMENT TO BE AT piEENPOS9T TOM W. SOUTNOIO.o can= Bmt0tF ACQUMED OT VERUZON SUFFOLK COUNTY. NEW MU - PROJECT DESCRIPTION: 6INC my,°' i YANFM$. CONDUIT AND CABLE. CMM7V TAX UAa MST. IMU SECT. 35 MM. TH LOT 22/� @ SmZ Roo li Yaung & Yauag, Laved Suivoyors f 400 ashmdar A■*rm% ei amcd Now rare mut oaT-ss7 rsw All, v. Ywsyx PJ. *,LS. t406-1864) TTS c amg;,l Am 3%sm 0 " m �. TRONAS C I LPERT, q Y.S P.E 600O(Q®S 0 per, � ,Y. "FP2 V3106694 awm f kG NDS$. MAP OF. EXHIBIT W UTUTY EASEUMT TO BE Al EO UY VERIZON PROJECT LOCATION:' AT GKENMT, TOS OF SOl1TMU. SUFFOM CMMTY, KV VIM LEGMD: . QFammm fAmum � LvwmmtSri i PROJECT DESCRIPTION: OL41 O" CORMT ANO CABLE. MUNTY TAX HAP DST. loam XGT. 35. Eat. a4 Lw 7! osum atstm am Young & Young. Land 8urunyors 4U8 Gabor &r Awmtm% alwor e" Yma rark I 00 930 -727 -ESUS INm r aws�,7.z t t5. Fare—rsnq fkr.A+uu c p.�'+..e inywo�aaal t gtMa* 7HOUAS C. WOLKRT.PLN.Y.& P.E. M 614W yam,y� ..GAIT; S3« !6'U!. � M awm f kG NDS$. VJ 1 ifs694 t LD F W N y } B'-0' 5/0 EM Or PAVEMENT m W f B'-0'• E/0 EDCE W PAYUKKT W 76 w 77 2'-0' E/0 EOCE OF PAVEMENT, now or formerly 1a' EASEMENY ` Peconic Landing At Southold Inc. 75 74 M -75 tiry , 0'-0' 5/0 EOCE Cl PAVEUiJOT SEE EXHIBIT 'H" SIS t GAAP OF: EXHIBIT "Ip PROJECT LOCATION: UTUTT EASEMENT TO BE AT CRECUPORT. TOWM WSCOTUMM ' ACQUFE0 BY VEWZUM W"OIX COUNTY NEW YMammum PROJECT DESCRIPTION o low � e GvaC TT UANWXE T 00 MWE. COlA W TAX 1W MST00 ,. 10=Cf. 35 MX 0 ►OT 956 CCR![ riR7B Young t Young, Land Swvoyori 4w srr e+r r A.n.r6 Re"WA •1Q now r ra rre•r wr-T�1707 erta,. v. P ecs-casae) p Offal, iaStr�evr.HOWMO N. W. , r& LSA veto+ Ka 45nu ' � li#Q1JAS O. F�'1PE{TT, N.U.N73P.E.•'Tq.' BI@�S .. ' A� Tim 9FSYf2 ' I� VJ 106694 now of formerly Peconic Landing At -Southold Inc. MAP OF: EXHIBIT mJ" ' LE : ; PROJECT LOCATION: U7UTY'EASEMfl1T io BE AT CKENPORT. TC.! OP SWIM=. o 9*p0' IVATtLMMM ' ACOU�1dED ¢Y Vel SUFFOLK CO MT. WW 70?EK .6. K?PROJECT oESCRiPTION: n - SOt.0.i, GWO AiC. ' HAMOLES, CONDUIT MO. CABLE COMIY Tu[ VAP DBT. 10W SECT. 3.5 QM Of Lo. aP1Te a ;i Young & Yaung, Lased 5vavayara ®on oshmwdor Auvxar. 46wnr"NA 09W rads moi Wh7dr-Woi ®�io i s °i rtr. r roan-rpeq MWARD W. YOLM PLYA LS, UM' 4 &r ' TA.aw. c �o}er6�1 .mt nrar THOMAS C. W'OLPERT, KS. P.E. PCD. 01404 0 cs[ATS O6Nk�J 1N 64 . - n - SOt.0.i, GWO AiC. ct� 9TFP>E aP1Te a ;i vi 106694 SEE EXHIBIT _r LW-0- E/0 EOCE Of PAVEMLNt J ' 1 10' EASEMENT i now or formerly Jerry H. Schofield & Frank Justin McIntosh 1 F� now or formerly Peconic Landing At Southold Inc. MAIN ROAD (N.Y. S. R -TE. 25) I WD: I Qz I MAP OF.• EXHIBIT "K" uvuTV EASEMENT TO BE ACWREO BY VERT=ON PROJECT DDW ANND CARL roung & raung, Land Surveyors 40'tf Daft end r Am"e Alwrlu04 Alev York f rOOr 07f-7$a-l3o1 ANAs" 0:t•2. ! Lff." rP91-rlU) Taa ed L& 6 PROJECT LOCA11ON- AT CREENPORT, TOM OF SWTHOLD. SUFFOLK COUNTY. NEW YORK CMNTV TAX MA7 MS. 1000 SECT. 35 Elft. 01 Lar HOwARO W YOiR16, N Y.S LS. NO 4503M THOMAS C =MT. N.Y.S. P.E. W 01083 LEGEND: ..eoroiEo uslra�• . VOWMW ram uort�t sEe. . ■ SSW ItT ®o =T= V49M10 ,xw,3% 70x1 . N a =Fast ,W AO?OOAISA-f1 PEEAa tT ae3,AFl.At6 rAMr&M9. SIMAfh W�S�. K tLj 1o' EASEMENT T6 j 1 15 %5 8--tr N/D EDGE OF PAVEMENT 14 now or former Peconic Landir At Southold In MAP OF: EXHIBIT wC PROJECT LOCATION: AT CAEENPCRT. TOWN OF SWIM=• LES:. eximia . up EASE T TO BE up SE Yi►CZOW swriax CWNTY, NEM Y r 13 m arl •141MMILM PROJECT DESCRIPTION: E[tt. ai tOt t7 COO'901T AND CASH COIRIT7 TAX IMP QfSi- IWO SECT- m Land Svavevaru ' 40 Avin..6lasorAoc+m, p m rent treat est -zap :mea �p ti P.iGal tOM-ICO11 HO:rARD q6 VWj% N.7i LS CS. Ghia THOi M O. WMPERT N.Y.S- P WM 0140 i, BI�JLL' L: o WST �Ef Gd&'sm-Gamp.a . i . limo C 77�4 -E- r; o �, Box fl (� ,y► E -D' S/0 EDGE OF PAVEMENT V VJ 106694 d� 36 37 is r W-0' S/0 coa DE PAVtMa4v _ 10' EASEMENT W-0' S/D EDCE D1' PAVEMENT '7 now or formerly Peconic Landing At Southold Inc. SEE F.XHST T 24 21 MAP OF: EXHIBIT "M" PROJECT LOCATION: LEMI®: UTUTT EASEUENT TO BE _ AT 'GREENPOAT. TOW! OF SOUTNOID, 1'D QtLFRl�Q4Y1' ACT1UfNc0 BY VEW2ON1 SUFFOLK COUNTY, NEW YO1dit aw UAVAW lT1T. PROJECT DESCRIPTION: 2 0 91M M "�"" 1. ;. MANkOLES, CONDUIT AND CA69E.COUNTY TAR MIP GIST. 100 SECT. 35 MX 01 Lair ?g ©'o $ rra1� Young & Young, Land. Surveyors 1198 Dehmnaar Avmuk RNarnaa$ Now rark11201' 03r-727-2393 eTa r, P. rwrb PB h LS �19a2-re9a) m1Aa !a'4 F� Rama i• ca,w mv.Urr 11owAnD• W. Yovxc, N.Y.& LS NO. 459M Tx+a4 f . 1SET II . rA�cs a O o.61 nh..l�+aroeraa* THOMAS C. WWERT. N.Y.& P.E'NIX 2946.! �?lai aiQ• ' 0 . PiQAy$'R'dT s� ta1 A� et �r 41ra�a y rI =04 OW0,0kc, 1 , / ; Number of gO43QU4v4 % 0 TORRENS Serial 0 Certificate 4 Prior Ctf.11 Decd / Mortgage Instrument 00 14119 PN,2: U SUFFOLf(C UNTYE Deed l Mortgage Tax Stamp I Recording / Filing Stamps 4 FEES Page I Filing Fee �. D Mortgage Amt. _ Handling S 1. Basic Tax TP -584 2. Additional Tnx Natation Sub Total SA -52 17 (County) Sub Total -S Spec.lAssit: EA -5217 (State) or Spec. /Add, IRT.S,A. r - y�� .N 1'0`1% MTG. TAX Comm. of Ed._ _ _� uo ° . Dual Towa Dual County I Icid for Apportionment Affidavit 4�♦ 1'ransferTax Cortllied Copy �'� Mansion Tax ..L Ilio property covered by this mar gngc is or Reg. Copy %v Ill be tin proved by a one or two faintly Sub7'otal --3•a dwelling only.. Other t7RAND'rOTAL S YGS or,NO if NO, see appropriate tax clause on page 11 --of this Instrument, , Rent Property'rnx Service Agency Verification G Comiltunity Preservation Fund t Dist. Suction B lock Lat Consideration Amount $ i� 1000 035.:00 01 00025.000 CPF"rnx Rue S 7 Saltsfactions/DischargeslReleases List Property Owners RECORD & RETURN'TO: Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 9 81 Title Coml Co. Name - Title 11 Vacant Load TD •I.0 TD e Information Titlspage forimpart ofthe attathed Declaration and AGreement made by: (SPECIVY'IYPL"•"• OF INMUM>~M' ) P e c o n i C Landing at Southold _- 'ilte premises heroin Is sitttated ill SUFFOLK MUM, NEW YOIM TO In tlte'1•o►wlshlp of In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO UCORDIN0 OR FILING (OVER) ,k ( DNCLARATZON AND AGREEWNT This Declaration and Agreement, made this 75t, day of April, 20000 by PECONIC LANDING AT SOUTHOLD, INC., with an office at Feather Hill, Route 25, Southold, New York 11971 (hereinafter referred to as "Peconic Landing" or "Declarant", and the TOWN OF SOUTHOLD-# a municipal corporation with offices at Main Road, Southold, New York 11971. W x T N E S S E T H: WHEREAS, the Declarant is the owner in fee simple of real property situate at Greenport, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 035.00, Block 01.001 Lot 025.000, and more particularly described on the annexed Schedule A; and WHEREAS, the Declarant has proposed a site plan consisting of, inter alis, one hundred forty-four (144)acres, two hundred fifty (250) residential -units, a centralized common building and a care facility; and MOO WHEREAS, Declarant and the Town of Southold have agreed that a written declaration setting forth the intention of the Declarant with respect to payment of real property taxes will be of mutual benefit and WHEREAS, the Declarant has expressed a willingness to set forth its intentions through a Declaration; and WHEREAS, Declarant having considered the foregoing and desiring to make, execute and record the within Declaration, NOW, THEREFORE, in consideration of the matters above recited, for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, formally covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon .itself, its heirs, executors, legal, representatives, distributees, successors, successors in interest and assigns, and purchasers and holders of said property as follows, to wit: The Town of Southold does hereby represent and warrant that' it is a municipality pursuant to the laws of the State of New York and that it is authorized to enter into this Declaration pursuant to a Town Hoard Resolution. Page 2 of 9 �*vO Peconic Landing does hereby represent and warrant that it is a New York corporation and authorized to do business in New York and that its Board of: Directors adopted a resolution which authorized this Declaration and the obligations hereunder. 1. The Declarant expressly covenants and agrees to pay or cause to be paid in full real property taxes, assessments and .ad valorem Levies on the entire Peconic Landing.p.roject as the same respectively become due and, in particular; a) All real property taxes, assessments, ad valorem levies and charges of any kind whatsoever assessed by the Town of Southold with respect to the property described in Schedule A. b) All real property taxes, assessments, ad valorem charges and other charges of any kind whatsoever lawfully imposed by any governmental body for public improvements. 2. Declarant reserves the right to contest, in good faith, any such taxes, assessments, ad valorem levies and other charges, pursuant to Article 7 of the Real Property Tax Law ("RPTL")1 except that the Declarant snall not claim any exemptions due to any designation as a not-for-profit corporation, association or not- for-profit status, 3.. Declarant, in the event that the Suffolk County industrial Development Agency takes title to part or all of the parcel, will execute a Payment in Lieu of Taxes Agreement providing for Declarant, its successors and assigns, to pay an amount tor the benefit of the "carious taxing jurisdictions, on the Peconic Landing Page 3 of 9 project equal to, but not in excess of, that which would have been required to be paid by Declarant to all such taxing jurisdictions with respect to the Peconic Landing project, and to pay such amount as the Town of Southold determines Declarant. would have had to pay such taxing jurisdictions had the project been subject to the payment of real property taxes and assessments. of Such Payment in Lieu of '.axes shall run with the land both with respect to the burdens and benefits created therein and shall be binding upon and inure to the benefit of the successors and assigns of the respective parties. b? Such Payment in Lieu of Taxes shall permit the Declarant in good faith to contest such taxes, assessments and ad valorem levies, except that the Declarant shall not claim any exemptions due to any designation as a not-for-profit corporation or association or not -for --profit status. 4. The obligation by Peconic Landing to pay real property taxes as aforesaid shall continue as long as such taxes remain the basis for town, school and county funding; the obligation shall include all improvements made to the real property described at Schedule A, whether such improvements are held in the name of Peconic Landing or any other person or entity deriving use, possession or title from Peconic Landing. 5. This Declaration shall not affect in any manner any exemption, reduction or relief from real property taxes, assessments or charges as provided by law and available to Page 4 of 9 residents of the 250 residential units, or any additional residential units only hereafter approved and constructed. 0. It is understood and agreed that the Town of Southold shall have the right to enforce all of the covenants .of this Declaration. 7. This Declaration shall run with the land, both as respects benefits and burdens created herein and shall be binding upon and' inure to the benefit of the. parties and their respective successors, assigns and transferees. S. This Declaration may not be amended, changed, modified, altered or terminated, unless such amendment, change, modification, alteration or termination is in writing and signed by the parties. 9. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Declaration shall for any reason be 'held or adjudged to be invalidor illegal or unenforceable by any court of competent jurisdiction,, such article., section, subdivision, paragraph, sentence, clause, phrase, provision or portion so adjudged invalid, illegal or unenforceable shall be deemed *separate, distinct and independent and the remainder of this Declaration shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. Page 5 of 9 10. This Declaration may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. This Declaration shall be governed and construed in accordance with the laws of the State of New York. 12. This Declaration shall be recorded in the Office of the Suffolk County Clerk pertaining to the real property described in Schedule A hereto. IN WITNESS WHZREOF, the Declarant. above named has executed the foregoing Declaration the day and year first above written. PECONIC LANDING AT SOUTHOLD, INC. By: ICGLLt �. 'I �% t��v}� William G; MOMpson, President TOWN OF SOUTH©LD By., SGL. Vyl , JeVji Cochran, Supervisor STATE OF NEW YORK ) .) ss': COUNTY OF SUFFOLK } On the PLI day of April, in the year 2000, before tne, the undersigned, p rsonally appeared WILLIAM G. THOMPSON, personally � known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ,,�. 'P 1s � .>�,as—�.��:a«�a�aiw�+na.:-�a,�a�...,sa�c•-r�rr �,�... . _;�W. -�, .�. a. .: � •... ..+:as. a:. ,ter•. _ '� &c wF xn, - SCHEDULE A ALL that certain plot, parcel or piece of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York,. bounded and described as follows: BEGINNING at a granite monument found- on the northerly side of Main Road (NYS Route 25) at the ,southwesterly corner of land now or formerly of John Abadiotakis and Christian Abadiotakist formerly of H. Dwight Ripley, being the southeasterly corner of the premises herein described; RUNNING THENCE from said point of beginning South 66 degrees 01 minutes 20 seconds West along the northerly side of Main Road (NYS Route 25) , 634.76 feet to a monument found and land now or formerly of Jerry H. Schofield and Frank Justin McIntosh; THENCE along land now or formerly of Jerry H. Schofield and Frank Justin McIntosh the following four (4) courses and distances: 1) North '11 degrees 31 minutes 10 seconds West, 210.00 feet; 2) North 19 degrees 16 minutes 00 seconds West, 344.00 feet; 3) South 65 degrees 47 minutes 10 seconds West, 213..37 feet; and 4) South 19 degrees 16 minutes 00 seconds East, 550.15 feet to the northerly side of Main Road (NYS Rout 25); THENCE along the northerly side of Main Road (NYS Route 25) the following two (2) courses and distances: 1) South 65 degrees 23 minutes 50 seconds West, 285.49 feet; and 2.) South 66 'degrees 3.6 minutes 40 seconds West, 589.52 feet to land now or formerly of JEM Realty Co;. THENCE along.land now or formerly of JEM Realty Co. the following. four (4) courses.and distances: 1) North 41 degrees 3.9 minutes 10 seconds West, 1084.54 feet; 2) North 65 degrees 07 minutes 50 seconds East, 376.40 feet; 3) North 32 degrees 28 minutes 10 seconds West, 982.87 feet; and 4) North 32 degrees 57 minutes 20 seconds West, 426,81 feet to the approximate high water mark of the Long Island Sound; THENCE along the approximate high water mark of the Long Island South the following fourteen (14) tie -line courses and distances: 1) North 55 degrees 13 minutes 20 seconds East, 41.44 feet; Paye a of 9 2) North 40 degrees 13 minutes 3) North 48 degrees 59 minutes 4) North 53 degrees 12 minutes 5) North 33 degrees 06 minutes 6) North 25 degrees 04 minutes 7) North 49 degrees 30 minutes 8.) North 64 degrees 30 minutes 9) North 55 degrees 49 minutes 10) North 65 degrees 46 minutes 11) North 45 degrees 07 minutes 12) North 55 degrees 35 minutes 13) North 45 degrees 33 minutes 14) North 27 degrees 45 minutes land now or formerly of Floyd F: .',� j� , i =4..�f { 18 seconds East, 18 seconds East, 47 seconds East, 39 seconds East, 36 seconds East, 59 seconds East, 21 seconds East, 13 seconds East, 13 seconds East, 11 seconds East, 02 seconds East, 00 seconds East, 52 seconds East, King, Jr.; 3.62.82 feet;. 156.47 feet; 85.4.3 feet; 156.54 feet; 352.41 feet; 61.53 feet,-- 163,-50 eet;163,-50 feet; 172.29 feet; 154.46 feet; 135.34 feet; 214.26 feet;. 362.94 feet; and 504.31 feet to THENCE along land now or formerly of Floyd F. King, following fourteen (14) courses and distances; Jr. the 1) South 30 degrees 10 minutes 40 seconds East, 926.10 feet 2) South 31 degrees 03 minutes 40 seconds East, 300.01 feet; 3) South 28 degrees 19 minutes 30 seconds East, 89.61 feet; 4) South 13 degrees 46 minutes 30 seconds East, 33.68 feet; 5) South 27 degrees 56 minutes 50 seconds West, 65.47 feet; 6) South 00 degrees 19 minutes 40 seconds East, 179.94 feet; 7) South 01 degrees 34 minutes 00 seconds East, 300,20 feet; 8) South 03 degrees 40 minutes 00 seconds East, 100,00 feet; 9) South 00 degrees 04 minutes 20 seconds West, 172.71 feet; 10) South 05 degrees 39 minutes 30 seconds East, 100.93 feet; 11) South 00 degrees 39 minutes 30 seconds East, 100.15 feet; 12) South 01 degrees 45 minutes 00 seconds East, 434.17 feet; 13) South 07 degrees 02 minutes 00 seconds East, 40.19 feet; and 14) South 76 degrees 49 minutes 10 seconds West, 155.11 feet. THENCE still along land now or formerly of Floyd F, )ting, Jr. and along land now or formerly of ,john Abadiotakis and Christian Abadiotakis, South 24 -degrees 34 minutes 30 seconds East, 805.00 feet to the northerly side of Main Road (NYS route 25) and the point or place of BEGINNING. Page 9 of 9 ryI', sm ". l'' ., , t ; F r.' i } }�IAl �y k I i 4 t 1 z' t: ' by i GUS: SCHAD i, I f t S ll t 1 I i ) J f •., f _. ! l I J l t .by' es�11ng at Arista Drive; Dix gills; .'New: York; hereinafter. alled the':Declarant i. j f a 3 Yi t roperty which.is.described:in deed dated April' 10, 1969; from I 1 ,t illiam J .Pollert and:'"Adrian..B. Va.nRiper to Gus Schad, -an .1 3 hick is recorded, in the Office of. the Clerk-of-the'County of r uffolk zn Liber' 6533 "of Dee'ds., page 4 . 1 t�? ' 7 ew LIBER 7066 . PAF 377. i } }�IAl DECLARATION OF FROTEGTIVE RESTRICTION: t:'f) '•! � 1 4 ? i ' by i GUS: SCHAD i, I f t S ll t 1 I i ) J f •., f _. ! l I DECL'A ATION made 1this �f�H day of Julv, 1971, GUS SCHAD;,'• .by' es�11ng at Arista Drive; Dix gills; .'New: York; hereinafter. alled the':Declarant 14 1 J.t , WHEREAS, the' Declarant" is th' owner 'in fee .simp;le of, real } roperty which.is.described:in deed dated April' 10, 1969; from 1 ,t illiam J .Pollert and:'"Adrian..B. Va.nRiper to Gus Schad, -an hick is recorded, in the Office of. the Clerk-of-the'County of r uffolk zn Liber' 6533 "of Dee'ds., page 1 y -."WHEREAS, the' Declarant has made application. to the TDWTT•Board: f the Town of Southoldy Suffolk County 'New York, for a change of one.-` of the: premi"ses described in: Sc`,hedu.1e 1, which is ;attached , ` , ere'to an,d : inada a.; party hereof from— A" �;Residential. ultural to °B 2" Business , r f I t I r I t • ! t j S I i 4' '• + J 1 FI tt�JJt}� t }' i,4. Z I j t •� ark 1i 7 ew i } }�IAl } =I,' t:'f) '•! � 1 4 ? i ' Y i i, I f t S ll t 1 I i ) J f •., f _. ! l I I.;. 14 1 J.t , I r J. 4 .4' t s ; r S44 .. ` • fft F sss"'tFFF ... \40 jI( . 40 ON Us'PACE �7� SCHEDULE 1. ALL, that •.certain piece or par0 V of land.".sj.tuat�e,r lying and . � ry being near Greenport, Town 'of Southold; yY T �� County of Suffolk,:,State of New York, bounded and% described as follows: �+ BEGINNING af'a point on'the northerly :side of North Road on'' the division line between the .southwesterly -corner of pare'al herein described and the southeasterly,corrier, of' lan$,now or, t s ;formerly of.;Time Structures, Inc.,; °running thence North 39! �j µ 10" West, along lands 'now or formerly of Time .Stru.q.t s, Inc , .. . 57:9.18.feet to a'point, thence along land of Gus Schad, the { following two (2)'courses and distances (l)''N t 66° or h .10 Q.,}0 , East, ;765:20 feet;.,thenc'e.(2) North 65° 47' 101 East; 330':84 feet to lands ,of .S chofield and McIntosh,.thence South 19°.16' 00" East'r •; " is ,� t along,la'nds of Schofield- and',McInt"osh,'550 14.'feet to the north { erly..side of North Road; thence along the northerly s.�de of North` Road the following two, courses and distances:. (1).South`65° 50" West, 285.49 feet. to a point; thence (2J South 660 361.40" {lest, .589.52' feet. to the.pot}t or•place of BEGINNING: Said parcel' contains 12'.436. acres. 'y 1 'i OttttiSY}g i! 3 � F C . h Ftt:3 - I 4 .4' t r S44 .. ` • fft jI( ON _ - ..—i C . Y F C - I. i 5. vim' WHEREAS, the. Declarant desires to impose certain restriction, �'. I'5 I L. �x on the use of the safd pr`einises as follo5vs: — �[�V� 3 .c NOW, THEREFORE,, it"'is declared that said premises shall"be .� r { : subject to the'-followin9.restrictions which shal'l'run`with the' ' Q �.3 land: . ., ( . ! jj6 rJ�' ,s 1 No -new building or,structure of .any description:for,any',.�: mai, business purpose shall be erected on the premises described in' �� Sbhedule 1 until twenty-five (25') living units are erected on t ,�^ c `; , other -property of the Declarant which is,described in a deed y' rr �' x�11_.r dated: AgrYL 10, 1968, ,between William J: Follert, Adrian R`. Van PR er and' -Gus Schad'3; the:'Declarant herein, which"is recorded in - 1 �4 F Liber,"6y33 ;of. Deeds;`. page:: 47.6, in' the Suffolk. County Clerk+.s i I— x , Office'. 5 �{ � Mym' cx 2�1'" The Declarant reserves the right to recohstruct"renovate eP ,,i.= t ° or .modify the existing buildings on; he premises described in { Vi1.t` I Schedule 1 herean s,€ ,, . } F ' . ti.. _.", p 3 Enforcement ofjthe5e restrictions shall Ue through a t; r ,id proceeding: at law or in";equity. 4. These restrictions shall run with the land and shall ' —it I . .. force and effect until January 1;. 2000; .and may not ,be s ;�'� altered; modified, terminated or annulled'by.the Declarant, his ��i.+ successors: and .assigns, i.until after'. said date.' r_ , : , 01.1" fi,111.11 x ,. .IN WITNESS WHEREOF; the Declarant ,has duly'executed:`this. % 5 fi „ r ' r i ' `a�� 6ofX+4. ' Declaration. on the day and year.first above written 1 � P7ki�1rYrrj, �,'i t t. R'} -•S7 S 1 ,\ .i ;fir 4'i; ' . F,;� �. nay , ti L. � `. :. . - .: Y1� r.::; he same. Y1 ;yli { F,`'x5 I •5 e L ,. — f i L-( f ', i ! tt "`, _ ,,Y'✓: 4 i i i F - I _ .. :' i NOTARY OUG state dbK s Na 52 7gap500 °ommleilan 1 t?xp�res Mgrihl X40 tp y,T t LEER 1 UUU; RACE U 38 f r; 1.4;. a t 1 yy'• y STATE OF; NEW. YORK SS 1, COUNTYt.OF SUFFOLK 1,0 ... .. on, the of Jul 1971 ' 1 "/S day before me y,. personally came GUS SCHAM 'who resides at -'5 Arista Drive,'Dix Hills', New ,York,'"•' to me. known to be the individual.described in and who executed. the foregoing,instrumen't;'and acknowledged to me thatlhe executod '- y k he same. • _ .. :' i NOTARY OUG state dbK s Na 52 7gap500 °ommleilan 1 t?xp�res Mgrihl X40 tp y,T t r; • 1.4;. a y 1,0 ... .. ' 1 r t i' � ; � F% I �l✓4 ]' 1. 1 I 5 r t ! t it " - 1 !i. t :! 1 ! • .. YT ........... Rn .'9,W. E: aa'� , VW'm . . . . . . . . . . 11, Nw_ NO kT. ZZ. ............. p I VO . . ....... . ........... Rn .'9,W. E: aa'� , VW'm . . . . . . . . . . 11, Nw_ NO kT. ZZ. July :,.15 1.19 71 ... .. ...... q.* sort, Nev I VO v E'Ll C.Tl 7, ....... 4J cz . ... ....... ia July :,.15 1.19 71 ... .. ...... q.* sort, Nev 4J cz . ... ....... ..o i; CORRECTIVE AMENDED GRANT OF SCENIC EASEMENT '.HIS INDENTURE, made this 13th day of December, 1983, ii by and between BRECKNOCK ASSOCIATES, a co -partnership, with t+ offices c/o Gus Schad, 690 Deer Park Avenue, Dix Hills, N O -w York, hereinafter called the Grantor, and THE TOWN OF l{ l; SOUTHOLD, a municipal corporation having its principal place !± of business at 53095 Main Road, So-uthold, New York, hereinafter ca11ed the Grantee. WHEREAS, there exists a Grant of Scenic Easement i; agreement covering portions of the Grantor's land, dated t; { July 15, 1971, and recorded in he Suffolk County Clerk's Office on December 13, 1971 in ...-.oer 7066, page 396; and WHEREAS, the parties desire to modify the aforesaid # Grant of Scenic Easement by cancelling same and glacinq in.. t� Y itR stead the follcwing Grant of Scenic Basement on other proparty of the Grantor, more particularly described in Schedule A herein; and F WHEREAS,said premises constitute an area of natural scenic beauty and whose existing openness, natural con- dition, or present state of .use, if retained, would enhance i the present or patent : al value of abutting and surrounding properties and. would maintain or enhance the conservation of <s natural or scenic resourses; and t WHEREAS, the Grantor 'wishes to grant a .scenic easement the Grantee affecting the premises describe! in Schedule d �fig .: n .. i. . k, (JO hi 121 ni the Grantee d i�ems it to be in the public WHEREAS., . property for interest to ire interestor rights in real pr C the preservation Of open s id areas to preserve the 4 beauty and natdral conditions of lands in the Town of Southold; and 4. 'WHEREAS, section 247 6f the General municipal Law of -the State of New de's that municipalities, ,York. cjuj: -�e- the fee or any lesser interest, including Town-Iiii may ac.. development right, easement, covenant or other contractual ip to achieve; the aforementioned purpose s to necessary right neces land within the Town; and WHERE As, it -be Grantee in fu ti�herance of the above policy it I. with se'ion 247 of te General Municipa 1 in accordancean and Law, accepts the scenic easement affecting the premises described in Schedule A. in of ONE ($1.00) DOLLAR F consideration NOW, TE 'REFORE, consideration to the Grantor, �oo4l d'valuabi"e co 1i and oi!-.er this agreement wit- h is hereby" acknowledged, receipt of whi:d nesseth thait The Grant of Scenic Easement agreement dated July b 1i: 15, 1971 aid recorded in 'the Suffolk County Clerk's office is hereby December 13, 1971 in Liber 7066, page 386, on terminated; ands; cancelled..4 ke 2.• The.Qrantor. doe4 h�ereby donate, grant, tr.ansfer and convey un Town Of thold, a scenic easement in . ....... t -d to the extent ?f ,the nature, chajr aic er an ..... hereinafter set: forth, r and upon all those certain -2- -3- the pond areas'. � ms' s: t k Oof ®R, N.Y. : x 4}'.-z::-:.• "- sand`;` I t of ,'land as set forth and described nor shall gravel plots, piece= or •parcels a , A annexed hereto and made a part hereof. of sale or use off the premises; nor 1thttr'efroin in Schedule and extent if the easement shall sand,F,gravel &) 3. The nature, character I ; c 1k hereby granted is as folloWs ' (a) No buildings of "structures shall be erected on i` utility strt.1-ctures and o'at- except fencingr. y the premises,. - ,:... buildings which --might be requared by municipal agencies for s ,;, ,.; the construct_on;and maintenance of communal utilities, consisting of a treatment plant, water or sewage systems, Bumping ar.d lift stations and collection system, And other =`> such appurtenances. F t No:aumberi'ng operations shall be eonducte,, on (h)' = the premises and no trees shall be cut unless dead, diseaseri :.'.. decayed or for '`he better landscaping of the area or or .,.• improvement of .existing growth or as may be reasonably kY ;. required in.the:constructi.on of roads, equestrian trz`1s, _ recharge areas!"or communal' utility, '.nater or sewage systems; (c) Ttie land shall rer:ain essentially in its P. -natural state, ;except for landscaping and maintenance suet: as mowing of grass, the cleaning and removing of debris from -3- the pond areas'. � (d) go' topsoil .,4Y sYlall be removed from the premises : x 4}'.-z::-:.• "- sand`;` or =other minerals be excavated nor shall gravel a , dor-:purposes- of sale or use off the premises; nor 1thttr'efroin shall sand,F,gravel or othdr'.minerals be stored upon the I c fg..pr e ; -3- (e) The Grantee and fits authorized agent shall have !� the right of inspection of tie premises for the purpo--e of r,1 itself that the Gradtor is not in violation of any i € assu g of the terms and conditions of this scenic easement? at any time. . character and extent of limitations on 4. The nature� the within grant bf scenic easement are as followG: shall not be open or available (a) The premises :o eneral or park use, but shall `main at all ' the. public for g. �' its suc- •" posses of the Grantor, {b times in the exclusive p .. in inteiest, and subject to i.ts or them cessors and as ..igns Y; an and all #i ualiied r. ight to excllucie °others therefrom bg y except as in . in p aragraph 3(e); lawful means, a: a (b) Roads with necessarti recharge lot�sins for toted { to provide access to and from { drainage may be constructed I e rQ erGranton as well as tl,e t.ies of th aa surronding properties , in aths an equestrian trails. t con �ructian of 7ogt3 g P 3 isant of scenic easement shall in no (c) The within gr k ect the. "tight of tl�e Grantor to use the pr. c:':�ises , or i way aft �t f the is es herein per,n di and to do all such tl, '':9s as a Similarly not expressly forbidden herein, ' • thereon, 3 situated land�rner nicht do; j privilege of the =a ld) All right. iterests and P } donated, specifically Grantor in p-e�i'ses no herein sp I remain and resi/le with I 4 granted.,tian!!ferred and conveyed, its successors and assns. ig I Ij F j/ I A$a3 S. The waiver or acqtj i6scence in any variation froai alvg part ofzthe-restr.ictiolis and covenants herein by the grantee shall be effective:only for the particul.a:- instance involved and shall not he deemed to limit the continuing force and effect of the .restrictions and covenants. 6. if the whole or any part of the premises shall be candemned of, tzWeb by dimin6ht domain,then this -easement shall forthwith cease witho"ut need pf..any further writing from the date of title vesting in such proceeding. in such event t%e Grantor shall not be required to repay to any real property taxing authority i-hy i,,.!ces reduced or abated as a result of this sc.,3nic -asement; tior shall the value of the t t. pr.3misc--.s be limit _J by this easement; nor shall any part of any award �lopg. :to the Grintee. 7. The grantee hereby undertakes to cooperat,' to the extent legally permissible;:in having the va.uation placed upon the premi"es for purposes of real estate taxation taken into account ahA limited by the restrictions iml`osed by this scenic easeffieae';' 'all in- accordance with State of New York - General MuniciI Law §247.; is pal a. This agreement sha'll be perpetual and,shal". be a covenant running with the land and shall. be bindin4 upon the p4.-tie5 hereto,-.t.heir successors and assigns. 9. Th its G�.ant of S.-Aic Easement is subject rr., the the Town Board of the Town of adoption of 7f.a r:esolution NY x S5 El y. SCAE LE A 4 ALL those certain plots► pieces and parcels of i :_....near Greenport, Town o' lani3, situstA_ lying anck ;beingw 1'crk, more particularly Sauttaald Suffolk county► scribe bounded ,end de as follows: i PARCH I: i !i Hint located on the southeasterly ,y BEGINNING at a P described here.n, which portion of the premises being point is the northeasterly carnPr of land tandldis- 'k sh and is the following anti hicintc ► a ' 0" itiest i monuanen:! ll ted an the northerly side o i a lances from a. North Road (State Route 25): fl) North ll* .31' 220.00 feet; and (2) North 19 161 oinQOof be+inninq alon(T ( running thence froia said p # feet South 65° 47' :l0" West land of Schofield pint cthence�thr.,ugh lana of 213.37 feet to a p two courses :and Brecknock Associates the following p„`��est 330.84 feet; �'nca distances: (1) south i'65* 47' (2) South 66° 36' 40” West 765.20 feaidtlastnmentioned corp !owing ; e along Realty „rses and distances: (1) land the following thiee North 41° 39' 10" We7u t 505..'.`6 feeto (21 North 65° O7' i! 50" vast 367.40 feet.;;• (3) North 32 26 i0 West 290.00 is thence `through land of $:c ecknock feet; zunni'.3 six courses and distances: Hssociates the follow�!i # (1) North 570 16' Ol' East 652.01 feet; (2North 2° 50' 30" East 411.75 feetp (3) North 82 04'52" East , 267.15 feet; �4) Souph100 349 4East 360,7gnfeet; 4(6) South72.04 e210 (5) North 32' 59: sine of 51' 43" East 1F thence to the northerly est North Road (State Route 25); running thence along the oil 20- northerly: s.de �f ndrof Schofith Road nudhand°t4cIntosh;Wrunning 2�>2.76 feet `a la i; thence allony said hast mel)1Nor h1110 31' 10and the "1'4estfl two #i courses and distana_s: ; 2,10.00 feet; th+Bnr..e '(2) Forth 19° 16'' 00" West 344.00 # f'e.et to the port or! Place of. BEGINNING- Containing #` 31.8212 Acres- PARCEL cres - l PARC_ ESI: I BEGTNNING at a point located at the northvresterly corner of the prean:ises being described herein, wh'^h i {; seven courses and t point ..ls. dista.nt tle . foliowzng side of distthe southeasterly distances from thepoint an the northerly f` Nor1.h ad (state joiite 25) where A corner; :af land ,ea Realty Carp- jm'ins the south- 4 X703 westerly corner of lapd of Brecknock Assoc-Lates. cll 1.14orth 410 39' loo West 1,084.54 feet; (2) North 65c' 071 50 East 367.40 figet; (3) North 32* 289 100 West 982.87 feet; (4) North 320.r7O 201* west 410.00 feet; North 250 (5) North 440 121 35'.'L,.East 564.01 feet; (6) 15" East 16, 36" East 398-13 f6et; (7) North 580 57' 471.09 feet; running ' thenc-� from said point of beginning along the ordinary high water mark of Long Island Sound the foilbwing two courses.and distances; (1) North 58O 57' 15".iiEast 130,00 feet, thence (2) North 426 361 45" EaS - t 169.85 feet to land of Bro-ek-nock.-Associates-:,:running tbcnce through said last mentioned land the f6ilowi.ng eight courses and distances-: (1) SOU Hi 390 32- 27 East 250.54 feet; (2', South 30 431 35" L..West 234.96 feet.; (3) South 150 571 18" East 163.60 feiet; (4) South 3* 131 04" West, 277.09 feet; (5)SOut`h:570 49' 51- West 255.05 feet; (6) North 310 021 45'4!West 300.00 feet; (7) North 50 131 27" East 382.02 feet; . thence (8) North 380 521 0211 West 183.71 feet to the pint or place of BEGINNING. Containing 6.1046 aces. 1 Y referendum authorizing ane Southold, subject to a permis'isive I.nt of scenic Easement. execution of this amended Grh is recorded in order to correct an error phis document in l in the Amended Grant of Scep ic Easementrecorded in the thi=rd course follOwirlg the Liber 9506 cp 269, wEied . I Ly described as bePoint in Parcel I, was incorrect' tth 390 32' South . 290 321 27" East 250.5.4 feet instead of Soil East ;�.,0.54 feet. 27w Eas hereunto set their Ind WITNESS WHERF-OF, the parties have haDds and seals this 13th day Of July' 1984. BE E 1,CYN01C1X ASS ASS RTES B "r Gus Scha&, Pa -ne R SOU—, T B j.- Murphy- Sip 6p 6 STATE OF NEW YORK: COUNrx OF SU F FOLK .% July. 1984, before me personallY on the 13th day of J1 who executed GUS SCHAD,, to me 'known to be the person came 'being d1_11y sworn by mer instrumentr&nd-wbOl the foregolng:! ' r of the firm of teL. did depose and say that he is a member and that he execu BRECKNOCr, 'AS5 . OC 1 ATES , a co -partnership 'me of BRErKN(XK :t :In the firm.n the foreqainq.j:instrumenauthority to sign the same, and �iB3CC7AT.FS` arca:. that ad he h ecuted the same a$ the act he acknowlbd4. to mb thkt he ex firm for, the uses and purposes therein men and deed di said ti tioned. I, 4aqy F'Liai is t Rai ARY PUP, IC YCMn. 4P 79a=5 t J gz _a STATE OF NEW YORK: ss.: COUNTY OF SUPFOLK". On the 14-th day ofikjo*', 1984, beforL. me camp FRANCIS J. MURPHY, to me known, wna, being by Me duly sworn, did d at he resides at (no 0) old Main Road, .epose and say, : that upervisor of the TOWN 4 '-b-- k Hattitucko Never I r.; that lj'p'Js the i 9 described in and OF SOUTHOLD, the: municipal j�,,corporat an j that he knows the which executed the foregoing instrument; the seal affixed is seal of said.munlicipal corI56kation; that -Stich seal; that.-,-,'i"t was so affixed by order of -the Town Board ' and that he siqA'� is n -' - amii -7 y b like order_ 4. ark Pe�bl c _ f, __. i� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . ..... U.17MFM wormv, al ck"\ CORRECTIVE sw� & PaWT OF SCENIC FM'MENT ;�4 AMDED G IN_ W oA un up. rrz.}' MECygoCic ASSOCIATES, Gran tor Uk a and r6 :4, ........... ... 7P. A T TOWN OF SOUTHOLD, Grant6e • Cr. IN Z Z. 1 ,1 l l L f ' izelEa.errs M J ,•; j: A 48 JAN 13 pN l:35 Number bf pages JQw, : l.rirt �f)ruleHE SUfi1 .I; rf1th"ITY TORRENSi Serial M Certificate It Prior Ctf. M Deed Mortgage Instrument Deed I Mortgage Tax Swmp Recording I Filing Stamps 4 F FF.4 i Page ! Filing Fee • _ Mr ngagc. Amt. Handling/_ . I. Ii.4sic "fax TP -584 —_ 2. Additional Tat-- Notation1 `� -- 4ub Tont —_—_ EA.52I7 (County) _ — Sub Total - I C,. f 'f Spcc•(Assit. EA -5217 (Swte) Spec. /Add. R•P•T,S.A• _ g _ .00 �!�.4 TOT• wra. TAX _ Comm. of Ed 5.00 a . Dual Town _ Dun) Camty fold for Apixirlionnient Affidavit ri r ; Transfer Tax Certified Copy Q4>,� Mansion Tax Tho proix:ny covered by this mortgage is or' Reg. Copy — will be unproved by u one or two family Sub Total ! /�_ , dwelling only. _ Other ; . r GRAND TtYrAL = ! YES --_• or NO.-_..__ If NO. sec apprnpriute tax ctuusc my page 9 f _ of this instrument. Reil Properly Tax Service Agency Verification 6 Tele Company Infornwlin/n PDO Dist. Section Black Lot —�',-,��Itld•1lLL�e'ILGI�'>%6r�, Company Name e 1000 035.00 01.00 025.000 11 1 Title Number lni S FEE PAID BY; NDSTRAND,. Esp. Cash_ Check_—._ Charge COUNTY WATER AUTHORITY Payer same asR&R L4060NRISE H'WAY I N. Y. II (Or if nt) 11 NAME; A ADDRESS'— RECORID'& RETURN TO T ADDRESS) - Suffolk County Recording & Endorsement Ne This page forms part of the attached DEnECATtON aagrr,��p made by; (SPECIFY TYPE OF INSTRUMENT) VILLAGE OF CAREENPORT The premises hervinissituated In SUFFOLK COUNTY, NEW YORK. TO In the Township of _ SOUTHOLD SUFFOLK COUNTY WATER AUTHORITY In the VILLAGE GREENPORT or HAMLET of BOM S THAU 9 MUST BE TYPED OR PRWTED IN BLACK IMI€ ONLY PRIOR TO RECORDING OR FUNG.. izelEa.errs M 0% f� f KNOWN THAT the VILLAGE OF GREENPORT, a Municipal Corporation organized and existing under and -by virtue of the laws of the State of New York, having its office at 236 Third Street, Greenport, County of Suffolk, State of New York, as ASSIGNOR, in consideration of One (#1.00) Dollar paid by SUFFOLK COUNTY WATER AUTHORITY, a public benefit corporation functioning under and by virtue of the Laws of the State of New York, having its principal office at 4060 Sunrise Highway, Oakdale, New York.11769, as ASSIGNEE, and for other good and valuable consideration, does hereby assign unto -the ASSIGNEE all of its right, title and interest in and to the following agreements and/or rights of way as it relates only to water supply and water distributions Agreement dated April 29, 1994 made by the INCORPORATED VILLAGE OF GREEN - DIST. PORT and L8V PROPERTIES and recorded on the 30th day of January{,1995 in Liber 1000 11712 of Conveyances at page 663 in the Office of the County Clerk of Suffolk SECT. 035.00 County covering premises known on the Tax Map for the County of Suffolk as BLOt:K District 1000, Section 035, Block 01.00, Lot 025.000 and also 01.00 Dedication Agreement dated April 29, 1994 executed by LRV Properties to the LDT 025.000 INCORPORATED VILLAGE OF GREENPORT and recorded on the 30th day of January, 1995 in Liber 11712 of Conveyances at page 6.61 in the.Office of the County Clerk of Suffolk County covering premises known on the Tax Map for the County of Suffolk as District 1000► Section 035. Block 01.00, Lot 025.000. TO HAVE AND TO HOLD the same unto the ASSIGNEE and to the successors, legal representatives and assigns of the ASSIGNEE forever. IN WITNESS WHEREOF, the ASSIGNOR has duly executed this Assignment the -2-5--0--day oil December, 1997. ;r• C o , •c V E OF GREENPORT r. ny �1 ` May0r 1 �• 872P9 STATE OF NEW YORK COUNTY OF SUFFOLK SS.s r On the— day of December, 1997 before me personally came DAVID E. KAFELL, to me known, who, being by me duly sworn did•depose and sap that he resides at 134 Sixth Street, Greenport, New York 119441 that he is the Mayor of the Village of Greenport, the Municipal Corporation described in and which executed the Eoregoing instrument; that he knows the meal so affixed to said instrument is such corpora- tion seals that it was so affixed by order of the Board of Trustees of said corporation and that he signed his name bk.like order. Notary. r N'71�irZY Nt1�: I•1 hire NOW YW* , 3v4ti j' `f0"'c Conn 90XES S THRU 9 MUST BE TYPED OR PRINTED IN @LACK INN UNLY PRiUKTO KISCURDINU UK rILtnc;, I SUFFOLK COUNTYCLERK2 2ov r 307 3 p ? L G U� UPM CA -5217 {County) CA -5217 (State) l Number or ra es AC -AL L: TATtS _ 20 JAN 30 1995rr ' 0 t Affidavit Certified Copy Reg, Cully ....... TRANSFER TAX ~" �.t Certificate# SUFFOLK W Deed / Mortgage Instrument Deed f Mortgago Tax Stamp Recurding 1 Filing Stamps I m b� r. 4 Page / Filing Fee 7� Handling Nutation CA -5217 {County) CA -5217 (State) Cumin: of Affidavit Certified Copy Reg, Cully ....... Other �_�•.,_ Real Sub Total SubTolal ':'2',�,,,.,,, GRAND TOTAL._ Tax Service Agency Verification jFi&C PAID BYi Cub_ Cheek., Charas_ Payer samme`as R & X 01& S ¢`' Ad II S Mortgage Amt. .` 1. Dade Tax 2. SONYMA Sub Total 3. SpccJAdd. TOT. MTG. TAX Dual Town _)teal County,, Held for Apportionment _ TransforTax Mansion Tax _ The property covered by ibis murtgNge Is or will be Improved by it one or two family dwelling only. Ylt9 or NO _ If NO, sce appropriate tax clause an page k of thb lnstruroea6 Title Company Information Company Nome lQ n 0,Sox 96's culec 6 on uE /V• //93�' RECORD & RETURN TO � L ' k A ia� t �,� i l � .14 k � s� +, f .f �' ���. � f �� }t�,,. � if3 'L'�. •1/ �f �' b i/.fi s �n �'� wt f/" �� 1 2. ► r� 'files page f'oa'ms part of the: attached made by: (Deed, Mortgage, etc,) The prentlees.herein In e(tuialed In SUFFOLK COUNTY, NEW YORK TO In the TOWN of —Vj In the VILLAGE 1 or HAMLET of EASEMENT AGREEMENT THIS INDENTURE mads on the day of 1994, between LBV PROPERTIES, a new .York partnership, with address at 200 La Bonne Vie Drives East Patchogue, NY 11772, party of the first part, and THE INCORPORATED VILLAGE OF GREENPORT, a municipal corporation having its office and principal place of business at 236 Third Street, Greenport, NY 11944, party of the second part. WITNESSETH: WHEREAS, Greenport Development Co. and the Village of Creenport have hsretofors entered into a Water Supply and Sanitary Sewage Agreement dated March 7, 1986, and Court ordered Stipulations of Settlement dated July 2I, 1989, and November S, 1992, and pursuant to same thee* has been constructed a water well known as Well No. 9-1, along with three monitoring wells as raquired by the Now York State Department of Environmental Conservation (Permit No® S-76772); a pump house with associated pumping and monitoring equipmernt and an eight (8) inch water main running from the well and pumping station to the water main of the party of the second part located on State Route 25; and electric line from Long Island Lighting Company to tine pumping .DIST atation; and LOGO WHEREAS, the party of the second part haas passed a resolution to S ,accept dedication of the water Supply System subject to tho execution 336°00 of acceptable and approved documents; SLS NOW, THEREFORE, for and in oonsidegation of the pr®miaes and the 91.00 agreement dated March 7, 1986, and the 80 ORDERED atipuiationa of f;8T Battlement dated Judy 21, 1989, and November '5, 1992, it is mutually 25.000 agreed as follows% , 1. The party of the first part grants to the party --of the second parts its successors -and assigns:, an casement in perpetuity over the property which is described in Schedule As for the purposes oft taking and using water for muriicipal purposes from the existing well (well No. 9-1).locate4 on the property described in Schedule A, and transmit same through the water mains in said property to the water mains owned by the parry of the second part along New York State gout* 23; with the additional right to enter upon the property described in Schedule A to cap4ir and maintain the well, water mains leading to and therefrom, operating and maintaining a water aupply well and monitoring./wells, including but not limited to those shown on attached survey of Haubenraich & McDanial, Licensed Land and City Surveyors 8405-4928,, dated June 18, 1992, with additional information added June 24, 1992, and Dccamber 8. 1993+. pump station and related equipment,. including but not limited to than inatallation of a permanent granular activated carbon (GAC) filtration aystem for the removal of herbicides and/or pesticide$ when required by the Superintendent of ,Utilities of the village of ' Gresnport and/or the Sutfolk County' Health aopartment as a meana of protection of the 'publir. water supply systems and whenever necesaary for the operation of the water aystem to other. water mains of than party of the second Sart. 20 The party of tho first part gr6nts to the panty og the second parts irta succeasoea and a,ssigna► ars *a*ement in perpetuity to use tho property described in Schedule 8 for the purpoaaa of maintaining the electrical service line to the pump house and water Well no. 9-1. 3e The party of the first part granta to the party of the socond parte it, as and when LAV gropertiea, eta successors or aaaignat IN i`. constructs and completes a sanitary sewage system in accordance with R the provisions of the Water Supply and Sewage Agreement dated March 71 1986, the right to maintain a sanitary sewage line+ all necessary laterals thereto, and sanitary lift station on and over the premises described in Schedule 8, together with the right of ingress and ogress over and across such property, inao lar as such ingress and egress is r; necessary to repair and maintain the sewer line and sanitary lift station. r 9. The party of the.f:irot part grants to the panty of the second f part an easement in perpetuity for ingress and egress over the 4 ' property deacribed in Schedule C for the purpose of -gaining vehicular s access to water walla and pumping station located on the promises f described in schedule A. Until such time as the roadway known as "Rodeo Drive" is constructed, the party of the first part grants to the party of the second part a temporary easement for the purpose of ingrasa and regress to the property dencribed in Schedule A over the dint road. indicated on the aurvey attached hereto as Schedule D., a. C crossing • portions of the promises daocrib*6 in Schedule A. upon the construction of the roadway known as "Rodeo Drive," in accordance with Town of Southold highway spacificatione approved by the Southold Town Enginemr of Highways, as shown on the survey, annexed as SchQdule D, the party of the first part granta to the party of the second part an easement in perpetuity far ingress and egress by vehicle and by foot, over said constructed roadway known as "Rodeo Drive" to and from the A landa described in Schedule C annexed hereto, at which time the temporary easement horein granted oder the dint road hereinabove I:. described ahall be oxtinguishad. f • • I. a . 1 1 1 1 w, I e 5. Said easements and rights-of=way are not exclusivai however, s .• no other polis, cables or lines are to :be set within save' lest of k either side of any water main laid within the easement area. b. The party of the second part shall guard adequately all F excavations* made pursuant to this grant and shall save haemlesa and indemnify the party of the first pact from any injury to its property, i its employees or the public which may at any time occur or arise out 1 it of negligent instellation,. aperatian: maintenance or removal of i. facilities pursuant to this agreement. 7. The parties agree not to erect or maintain within the ,f eaaemont arca any building, structural or physical obstruction, of any I kind or nature whatscever or permit the same to be so erected and !. maintained, except auch an dea<cribed in.paragraph 0l hereinabove, and E such other improvaement& as related to the pumping of water or maintaining the proposed sanitary lift station, and repair of electric, x lines which serve the pump ttation, Wall No. 9-1 and the aanitary lift. station to be built. 8. A 6urvoy showing the location of the safflemants,_ Water Well No. 4 9m1, existing monitoring wolle, pump atation, electric line and pcopaaed sanitary lift station.. prapared by Haubanceich McDaniel, Dir®nsed f.arid4 fCity Surveyors 8406-4925, dated June 18, 1992, with additional information added June 24, 1992,. and December 8, 1993, is attached her@to and made a part hereof as Schedule D. 9. The party of the first part,ita successor@ and asaigna, shall give written notification by certified mailtreturn receipt requested,te s q7lr@p=.T-2����,�,W""-,.,i-��wtx.�o�m�i,�,:� the party of thesecond part,at least ten(IO) days prior to the party of the first partlits successors and assigns placing any fill or dumping any material on said property and in particular in the area of said property previously excavated,and the party of the second part shall be given the opportunity to inspect any fill or material to be placed upon the property or in the exc&vated area. 10. The premises affected by this Easement Agreement is described in a dead to LBV Properties from Terrance P. Bucklay,Esq.,as Referee, dated November 19,1992,and racorded november 30,1992,in Libor 11380 cp 329. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first abovo written. LBV PROPERTIES By: Mold Wo ow tz,Gen• Pas:tner I INCORPORATED VILLAGE OF GRESNPORT s y ; ag011 mayor T 1 • , / 1 STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) 1 11 On the #40 day of A14Id4 , 1944, before me personally cams ARNOLD WOLOWITZ, to me known to be the individual who executed the foregoing instrument, and who, being duly sworn by me, did depose and aay that he is a member of 'the firm of LBV PROPERTIES, a partnership, and that he executed the focegoing instrument in the firm name -of LOV PROPERTIES and that he had authority to sign the same, and acknowledged that he executed the same as the act and dead of said firm. .STATE OF NEW YORK) )3s: COUNTY OF SUFFOLK) Not y P c KOHLL'EN MEAN.. Nfty ftwie Sint* do lye* York No.0 4644111p ONINied in.114tto ► Cainty E�iR&kiih 930t Jan 31.19 S4 On the 17-,1 day of.11�r<�' , 1994, before me. personally came DAVIDW KAPELL, to me own, who, being by me duly sworn, did depose and say that he rem, des at 143 Sixth Street, Greenport, New York; that he is the Mayor of the INCORPORATED -VILLAGE OF GREENPORT, the municipal corporation described in' and which, exticuted the foregoing instrument; that he knows the seal of said corporation; that the seal so affixed to said instrument is such corporate seal; that it ways so affixed by order the -board of trusteez of acid corporation, and that he signed his name thereto by like order. /c. Notary PU5.1ic 0101 VIA WART o1N Yak ft 490 c, oftaI* DESCRIPTION OF PERMANENT UTILITY EASEMENT X411 that certaln place or parcel of tend situate, lying and being at Greenport, Town of Southold, County of Suffolk, 81sts of New York, being bounded and described as follows, BEGINNING at a polot on the northerly side of NYS Rte. 25, loaded 1226.25 feet westerly, as measured along the northerly side of NYS Rte, 25, from the point of intersection of the northerly line of NYS'Rle. 33 with the common tine between the Land Now of Islands End Golf and Country Club, Formerly of H. DwIght Ripley, and the Land Now or Formerly of Greenport Dovelopment Co, Running thence from this point of beginning South 08 degrees 38 minutes 40 seconds Wool along the northerly aide of NYfl Rts. 23.20,00 feet; thence North 23 degrees 23 minutes 20 seconds West, 342,50 feet; ihonce North 66 degrees 36 minutes 40 seconds East, 257.57 feet; thence North 01 degree 36 minutes 40 seconds East, 150% frit to a point on a curve; thence westerly and northerly along a curve bearing to the right having a radius of 200,00 feet for the arc length of 307,36 loll, with a chord bearing and distance of North 25 degrees LOD minutes 33 aeconds WOW, 278.00 feet; thence North 58 degrees 22 minutes 38 seconds West, 580,19 feet; thence North 21 dogroos 37 minutes 24 seconds East, 30,00 feat; thence South 68 degrees 22 minutes 36 sscar►ds East, 661.05 Se®t to a point on a curve;, thence nodhsdy, easterly, southerly and wastarly along,a curve bearing to the right having a radlus of 200,00 feet for the are length of M.1® fast, with a chord boadno end dlotance of South 25 dsoreao 04 minutes 47 Seconds mast, 3`16.5314111; thonoe South 01 degree 36 minutes 40 seconds West, 163.33 fact; thence. Soulh.0 degrees 38 minulea 40 oeconds West, 266,75 feet; thence Bouth 23 degrees 20 minutes 20 occands Zest, H2.80 feat to the northerly side of NY8 Fite. 25 and the polm or place ,6f BEGINNING, �a3 DE=SCRIPTION OF 30 FOOT WIDE PERMANENT UTIILITY EASEMENT All that certain place or parcel of land situate, lying and being at Greenport, 'town of Southold, County of Suffolk, State of Now York, being bounded snd described as follows; BEGINNING at a point on the northerly aide of NY6 Rte. 25, located 519.75 feet westarty, as measured along the northerly side of NY8 Rio. 25, from the point of Intersection of tile' northerly line of NYS Rio. 25 with the common line between the Land Now of Islands End Golf and Country Club, Formerly of H. Dwight Ripley, and the Land Now or Formerly of Greenport Development Co. Bunning thence from this point of beginning South 65 degrees 23 mintulas 50 seconds We- st along the northerly aide of NYt3 Rte, 25, 30.13 feet; thence North 14 degrees 1® m1miles 00 seconds. West, 078.09 feet to a point on a curve; thence easterly along a curve burring to the lea' having a radius of 200.00 feet for the arc length of 30.13 .fast, with a chord bearing and distance of Noah 75 degrees 20 minutes 30 seconds East, 30.90 feet; thence South 18 degrees 16 minutes 00 seconds East, 071.50 feet to the 00rthariy line of NYS Ria, 25 and the paint or place of BEGINNING. DESCRIPTION OF 13 FOOT WIDE PERMANENT ACCE88 EASEMENT All that certain piece or parcel of lend situate, lying and being at Greenport, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: ,. BEGINNING at a point on the westerly side of the proposed Rodeo Drive, located by running the following five (5) cou=s and distances from a point lying In the northerly tine of NYS Rte, 25 st its intersection with the common property line between the Land Now of Islands End golf and Country Club. Formerly of H, Dwight Ripley, and tho Land Now or Formerly of Greenport Development Co.; 1) South 56 degrees 01 minutes 20 sticondsi West, 400,20 teat along the northerly line of NYS Rte. 28 to a point of curvature; the next four (4) courses and distances are along the westerly side of sold proposed Rodeo Drive, 2) Easterly and Northerly along a curve bearing to the left having a redlus of 20,00 feet for the mro length of 4443 foot to o point of tangency; 3) North 10 degrees 38 minutes 42 seconds West, 277.34 feet to a point of curvature; 4) Northerly along a curve bearing to the left having a radius of 210,00 feat for the aro length of 97.13 feet to a point of tangency; 3) North 43 dogrees 08 (Nnutes 42 seconds West, 144.00 feet to it point of curvature and the point of beginning for the parcal heroin being described. Running thence from this, point of beginning, South 07 degrees 24 minutes; 24 seconds West, i SCHEDULE 64,33 feet; thence South 80 degrees 30 minutes 30 seconds West, 37.74 feet; thence North 88 degmea'l2 minutes 90 cecandss Wort, 72,00 lost, thence North 99 dagraas 13 minutes 06 i Winds Watt. 76,00 feet; thenca North 66 degrees 22 minutea 10 s@condo West, 57.00,160t'lo a point on a curve; thence Northeasterly mlang a curve baring to the left having a radlus of 200,00 r Mat for tho aro longth of 16,22 fact, with a chord blaring and di trance of North 41 degrees 14 minutes all wconda last, 18.211sset; thence South 68 degrees 22 minutes 10 seconds gnat, 03,02 feet; thence South 60 deg mas 18 minutess.03 aecondo EAst, 72,03 feet; thence South a6 09 moa 12 minutes 30 aecondss East, 98.64 fess!; thence North 60 degmoa 33 minulest alt sends East, 54.27 fool: thonce North 09 degrees 24 minutes 24 woonda Scat, 40.781 foot to ss ' point an a ®urea In the wosterly aide of proposed Rodeo Drive; th®nca" Soutlseny, along Bald was @dy alde, ssiong a curve baring to the left having a radius of 363.79 foot for the aro tonglh of 16.11 foal, with a ehord bering and dialance of South 43 slstgrean 50 minutes 34 saconde Enat, 10.11 feet to the point or plmce of BEGINNING. i SCHEDULE AI 0 W I �. .*-.'d... , ,� . >� ..... . - ` -` �' ......:.-., . " . -• ',�. • .' -.. 'z a - - #'r•4 �,� �* • r.•, . . �=...'s; + :aiS zt�•..e-aY,.,.e a��r',:�-iW�rr.<-,.,�-v_.�u.�w.�--•.w_. 4,r�+.u�.s• Received the Following Fees For Above -Instrument SUFFOLK COUNTY CLERK Exempt RECORDS OFFICE Page/Filing $51.00 No RECORDING PAGE $5.00 no Type of Instrument: EASEMENT/DOP Recorded: 04/04/2003 Number of Pages: 17 Pio At: 11:32:28 AM TRANSFER TAX NUMBER: 02-34138 LIBER: D00012244 NO Cest.Copies PAGE: 343 District: Section: H].oc' Lot: SCTN 1000 035.00 01.00 000.000 $0.00 EXAMINED AND CHARGED AS FOLLOWS . Deed Amount: $0.00 Received the Following Fees For Above -Instrument i Exempt Exempt Page/Filing $51.00 No Handling $5.00 no COE $5.00 NO NYS SURCHG $15.00 Pio TP -584 $5.00 NO Notation $0.00 NO Cest.Copies $17.00 NO RPT $30..00 No SCTN $0.00 NO Transfer tax $0.00 NO CoM.Pres $0.00 NO Fees Paid $128.00 TRANSFER TAx NumBER: 02-34138 THIS PAGE IS A PART OF THE INSTRUMENT Edward P . Romai_ ne County Clerk, Suffolk County i ' 1 • 1 2 (' P.ECORDED Numher of pages 2003 RDr 04 11:32:28 AM TORRENS Edward P.Romaine CLEW OF Serial# SUFFOLK COUNTY L D00012244 Certificate # P 343 DT# 02-34138 Prior Ctf. # Decd / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee K! - Mortgage Amt. 1. Basic Tax Handling 5• 00 2. Additional.Tax TP -584 _� � Sub Total SpecJA.ssit. Notation or � EA -52 17 (County) ____ Sub Total 6 Spec. /Add. BA -5217 (State) D TOT. MTG. TAX _ Dual County 1 Dual Town _ R.P.T.S.A.� Comm. of Ed. 5. OU Held for Appointment TrrnsfcrTax e Affidavit Mansion Mix is �r� ,CertiFed.Ctipy _(1 ._ The property covered by this mortgage or will he improved by'a one or two Reg. Copy family dwelling only. T Sub Tonal YES or NO Other '[5 � � Grand Total �_ If NO, sec appropriate tax clause on page # of this instrument. 3-Q3 4 A0OQ tstnct 035.00 Section 01 00 Block 0A000 Lot 5 Community Preservation Fund Real eal�� � Consideration Amount $ s�K PropertyccurtsY Tax Service •p, CPF Tax Due S Agency n Verification Improved_ Vacant Land Satisfactions/Disch.•uges/Releases List Property Owners Mailing Address 6 RECORD & RETURN TO: Charles R. Cuddy, Esq. TD P.O. Box 1547 445 Griffing Ave. Riverhead, NY 11901 7 Title Company Information Co. Name Title # p founty Recording & Endorsement Page This page forms part of the attached Easement Agreement _. made by: (SPECIFY TYPE OF INSTRUMENT) Peconic Landing at Southold, Inc. The premises herein is situated in ' SUFFOLK COUNTY. NEW YORK. TO In the Township of Southold Village of Greenport In the VILLAGE Greenport or HAMLET of + Creenoort BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. �b8'3 EASEVaINT " AGRICEMER T AGREEMENT made as of this day of �, 20Q0, by and among THE VILLAGE OF GREENPORT, a municipal corporation having its office and principal place of. business at 236 Third Street, Greenport, New York 11944 (hereinafter "Village" or "Grantee") and PECONIC LANDING AT SOUTHOLD, INC., a New York corporation having its office and principal place of business at Route 25, Southold, New York 11971 (hereinafter "Owner" or '!Grantor") RECITALS WHEREAS, Grantor is the owner of that certain parcel of real property located in Southold, Suffolk County, New. York more particularly described on EXHIBIT "A" hereto attached and incorporated herein; and WHEREAS, Grantor agrees to grant, subject to'specific terms and conditions set forth hereinafter, to Grantee a perpetual subsurface easement under the property as set forth in ' EXHIBIT "B" and.a perpetual'access easement over the property as set forth in EXHIBIT "C" for the purpose of relaying, repairing and maintaining sanitary sewage collection facilities'and appurtenances; and WHEREAS, Grantor and Grantee (also the "Parties") desire and intend that the easement rights granted hereby shall run with the land and.that the.agreements and respective rights and duties of the Parties set forth herein shall bind and inure to the benefit of the Parties and their respective successors and assigns. NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grantor hereby grants to Grantee and its successors and assigns a permanent subsurface easement,'as described in the Sanitary Sewer Agreement.made the 26th day of April, 2000.between the Village of Greenport and Peconic Landing at Southold, Inc., which Agreement is incorporated herein by reference, as fully as if the terms and provisions thereof were set forth in full herein, for the maintenance of sanitary sewage collection facilities and appurtenances (the "Sewer line"), as more particularly shown on' Exhibit "All -annexed hereto; together with a right-of-way across the area as more particularly described on Exhibit 'B" and "C" annexed hereto, and any other rights-of-way and easements the Village needs or requires for hook-up of the system to its other sewage mains and treatment plant, for the purpose of relaying, repairing, and maintaining the Sewer line. Grantee and its successors and assigns and its duly authorized employees, contractors, representatives and agents shall have the non-exclusive right to enter upon the right-. of -way and to access the Sewer line for all of the aforesaid purposes. The aforesaid rights of way and easements shall extend five (5) feet on either side of the sewer mains to be installed, whether or not such distance shall be within the roadway. The force•mains, lift station(s), appurtenances, easements and rights- of-way shall be granted to the Village, its successors or assigns, in perpetuity. For the purposes hereof, the term "Easement" or "Easement Area" shall include the subsurface easement for the Sewer -2- ;0, �SqY2 line as well as the above ground"right-of-way in - the area as designated on Exhibit "8." Grantor shall assign to Grantee all warranties, guarantees and agreements for equipment, installations and work done by Grantor, its contractors, sub -contractors and engineers', if any. Additionally, Grantor agrees to provide to Grantee copies of all state, county and municipal approvals having jurisdiction therefor, inspections, and permits which pertain. to -all facilities, to be. acquired by Grantee, including all - as -built drawings and the names, addresses and agreements with individual contractors. Grantor will cooperate, permitting Grantee as attorney-in-fact, if Grantor's permission is necessary, to enforce any and all warranties, guarantees and agreements. :. The easements granted herein are non-exclusive; however, Grantor agrees, for itself and its successors and assigns not to erect, place or maintain, nor to permit the erection, placement or maintenance ofany poles, cables or other structures within seven (7) feet of either side of a sewer main right-of-way. If utility, water or.other services necessarily cross the Sewer line, the. Grantor will advise the Grantee in writing of the exact location, and upon installation shall supply maps to the Village showing the exact locations. Said intersections shall not be permitted without the prior written consent of the Village. Upon the dedication of the sanitary sewer collection system to the Village, the Village shall thereafter take over the operation and maintenance of the pump station and the force mains -3- downstream to the Village sanitary sewage. treatment plant including all repairs and replacements thereto at its sole cost and expense. The owner shall be required to operate, take care of, maintain, repair and replace, at its sole cost and expense, the entire network of piping and fixtures within and to the facilities of the complex. Grantor, its successors and assigns, covenant and agree to warrant and defend the transfer of the aforesaid sanitary sewer collection system, to be dedicated to the Village, its successors and assigns, against all and every person and persons whomsoever. This Agreement is intended by the Parties hereto, and shall, prohibit: (1) the longitudinal and/or parallel occupancy of the Easement by an individual or entity, other than Grantee and (2) the placement of -any surface, subsurface or other structure in the easement area, which might damage or interfere with the Grantee's operation and maintenance of the Sewer line by an individual or entity,including the Grantor. However, this Agreement is not intended to, and shall not, prohibit the crossing or use of the Easement by any individual or entity, including the Grantor, provided that such crossings or uses do not prohibit or interfere with the Grantee's use of the Easement for the purposes outlined herein. 3. Grantee shall maintain the Sewer line in such manner as to provide for the ability of Grantor to connect thereto such buildings and other structures as May now or hereafter be constructed upon the premises described in Exhibit "A." for the -4- purpose of discharge of sanitary waste into the said Sewer line from such buildings and/or structures. 4. Control over the above ground portion of the Easement Area shall remain in the Grantor and the Grantor and its agents, tenants, contractors or other designees shall have free, unobstructed and unlimited access to same, except where such control, and access must necessarily be limited by the Grantee to protect the physical integrity of its facilities, and for the purpose of relaying, repairing and maintaining sanitary sewage collection facilities and appurtenances. 5. Any and all sanitary sewerage facilities, including, but not limited to the Sewer line, manholes, as well as any and.all equipment, appurtenances and/or facilities used in connection therewith, installed or to be installed by the Grantee, its successors or assigns, shall be, and shall remain., the property of the Grantee, its successors and assigns forever. 6. Except as otherwise set forth herein, the Easement granted hereby shall run with the land and the respective rights and duties of the parties set forth herein shall bind and inure to the benefit of the Parties and their successors and assigns respectively. 7. All parties agree that notwithstanding any provisions of the Easement, the Grantor is deemed to be Peconic Landing at Southold, Inc. or their successors or assigns. Said entity or entities assume all responsibility pursuant to the Easement. B.. Any and all notices, letters or other written communications made in connection with this Agreement shall be sent: If to Grantor: Peconic Landing at Southold, Inc. Route 25 Southold, New York 11971 Attn: Raymond G. Wesnofske Vice President with a copy to: Charles*R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11941 If to Grantees The Village of Greenport 236 Third Street Greenport, New York 11944 Attn: Sewer Department with a copy to: Pachman., Pachman & Eldridge, P.C. 366 Veterans Memorial Highway Commack, New York 11725 9. This agreement may not be amended, altered or changed unless in writingand signed by the parties hereto. PLCONIC LANDING AT SOUTHOLD, INC. By: VILLAGE OF GREE*PORT By: C,�. �.D -6- WICR-Crf i State of New York. ) ss . County of �94• V ) On the 24- day of Mo IIZ in the year, s before me, the undersigned, a Notar Public in and for said State;. personally appeared to ,;, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by ,his/her/their signatures(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public CHARLE8-R.Wboy. NMW FUWIC State of. New Yo* Na 6872225 Quelttied titi;$t�fblk Cote State of New York ) COMMWICaEacplr®e m )ss.. County of //} On the J -t -t day of /jr..,e. 4 in the year J before me, the undersigned, a Notary Public in and for said State, personally appeared .c.f ,'- , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures(s) on the instrument; the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public play Pubes. S►aq of k5ra. NO.MIVA stmcaimiloagivrM5 .6 F:\Data\CLIENTS\Village of Greenport\Peconic Landing\Fec Land Easement final.wpd -7- P'SilAn .s IN 60% Parcel 1 - Sanitary Sewer Easement BEGINNING- at a point•on the northerly side of Main Road (NYS Rte 25),, said point being situate North 66 deg. 36 min. 40 sec. East 10.30 feet as measured along the northerly side of Main Road (NYS Rte 25) from the intersection of the northerly side of Main Road (NYS Rte 25) and the easterly lime of land now or formerly .Tem Realty Co.; ' RUNNING thence from said point of beginning through land of the party of the first part the following nine (9) courses and distances: 1. North 23 deg. 06 min. 04 sec. West 191.25 feet, 2. North 07 deg. 00 min. 53 sec. East 212.82 feet, 3. North 55 deg. 49 min. 06 sec. East 149.29 feet, 4. North 44 deg. 36 min. 39 sec. East 2 76.5 7 feet, 5. North 21 deg. 55 min. 23. sec. East 67.46 feet,. 6. North 57 deg. 26 min. 49 sec. East 485.10 feet, 7. North 70 deg. 36 min. 57 sec. East 45.05 feet, 8. North 21 deg. 30 min. 24 sec. West 19.63 feet,. 9. North 68 deg. 29 min. 36 sec. East 134.56 feet to the westerly side of the Sanitary Sewer Access Easement herein described as Parcel 2; RUNNING thence along the westerly side of said easement on a curve to the left having a radius of 5.12.50 feet for a distance of 69.21 feet to a point; RUNNING thence through land of the party of the first part the following nine (9) courses and distances: 1. South 68.deg. 29 min. 36 sec. West 114.82 feet, 2. North 21 deg. 30 min. 24 sec. West 26.63 feet, 3. South 70 deg. 36 min..57 sec'. West 43.48 feet, 4. South 57 deg. 26 min. 49 sec, West 476.38 feet, 5. South 21 deg. 55 min. 23 sec. West 65.06 feet, 6. South 44 deg. 36 min. 39 sec. West 282.54 feet, 7. South 55 deg. 49 min: 06 sec. West 142.18 feet, 8. South 07 deg. 00 Hain. 53 sec. West 198.37 feet, 9. South .23 deg. 06 min. 04 sec. East 185.77 feet to the northerly side of Mass Road (NYS Rte 25); RUNNING thence South 66 deg. 36 min. 40 sec. Nest along the northerly side of Main Road 20.00 feet -to the point or place of Beginning. 6�3 EXHIBIT "C" Parcel 2 - Sanitary Sewer Access Easement . �,%q3 BEGINNING at a point on the northerly'side•of Main Road (NYS Rte 25), - said point being situate North 66 deg. 01 min. 20 sec. East 177.55 feet as measured along the northerly side of Main Road (NYS Rte 25) from the intersection of the northerly side of Main Road (NYS. Rte 25) and the'easterly line of land now or formerly Jerry H. Schofield and Frank Justin McIntosh; RUNNING thence from said point of beginning through land of the party of the first part the following three'(3) courses and distances: - 1. North 23 deg. 58 min.. 40 sec. West 103.01- feet, 2. Along the arc of a curve to the -left having a radius of 787.50 - feet for a distance of 201.80 feet, .3. Along the arc of a•curve to the right having a radius of 512.50 ' feet for a distance of 267.16 feet to the Sanitary Sewer Easement herein described as Parcel 1; RUNNING thence along the easterly line of said easement on'a curve to the right having a radius of 512.50 feet for a distance of 69.21 feet to the ' northeasterly corner of said easement; RUNNING thence through land of the party of the first part the following four (4) courses and distances: 1. North 68 deg. 29 min. 36 sec. East 26.78 feet, 2. Along the arc of a curve to the left having a radius of 487.50 feet for a distance of 329.32 feet, 3. Along the arc of a curve to the right having a radius of 812.50 feet for a distance of 208.20 feet, 4. South 23 deg. 58 min. 40 sec. East 103.01 feet to the northerly side of Main Road (NYS Rte 25); RUNNING thence South 66 deg. 01 min. 20 sec. West along the northerly side of Main Road (NYS:Rte 25) 25.00 feet to the point or place of Beginning. r top M z 0 Mr --'i., RATION OF CONgP. T A*n SUBORDMATmw TIM BALK OF NEW YORK, As Collateral Agent This DECLARATION OF CONSENT AND SUBORDYNA TION executed and dcliveied by and on behalf of the Bank of New York, as Collateral Agm ; re%rred to as "mortgagee", with its principal place of business at 101 Barclay Street Floor 21W, Niwv York, New York 10286, is applicable and refers sgecificelly and solely to the I ASEMEi-n AGREEMENT 'made the 'lay of , 2002, by a9d' between PECONIC LANDING AT SOLITHOLD. INC., the mortgagor herein, A New York corporation having its office and principal place of business at Route 25, Southold. Aw York, referred to -therein as `PECONIC LANDING" or "grantor" and THB VM AGE OF GREENPORT, referred to as the "VILLAGE" or "grantee." a municipal corporation with its principal office located at 236 Third Street, (ITconport, New York. The aforementioned mortgages owned by The Bank of New York as mortgagee which dic covered by this- DECLARATION OF CONSENT AND SUr130RDINAUON (collectively denominated herein as the'�nortgagee) are more properly deHmdcd and specifically described in the document attached hereto as Srleodule "D.t' The Bank -of New York, as the mortgagcc and owner of the aforementioned . mortgages wt'forth is Schedule D, bereby consents to the filing of this DECLARATION OF CONSM* AND SUBORDINATION. and expressly agrees -and stags that said mortgages are, and shall oontinue to be, subject and subordinge to said saahM sewar cca meat on the property strorc scally descAlmd tharcK and that -said mortgages shall at all, times resin subject and - stubmdinate to said sanitary sewer easeaent. • TIM BANK OF NEW YORK, As Counteral Agen BY. Assistant Treasurer State of Now York ) vpState of New York SCJ County of Suffolk ) On the 5. day of _ I✓o✓r.H b ar in theYOU -A Mel before: me, the undersigned, a Nobuyy -Public in and for said State, personally appeared _ lyora.c a . persmnally known to me or proved to me on the basis of satisfadwy evidence- to indMdual(s) whose Mue(s) is (are) subscribed to the within instrument and acknowledges; to me that helshehhey cx i ted the same in hiAer/their capacity(iesl and that by his'herhhcir signaunvKs) on the i Wumemt„ the indWidual(s), or .the person upon behalf of which the individual(s) acted,. exs;euted, the iia ft=e at Notary Public !�./ p n 03 COVENA S AND RESTRICTIONS DECLARATION made this day of February, 1992, by GREEMPORT IDEVELOPMENIT CO., a New York State partnership with offices at 1100 Great Aleck Road, Great Neck, New York, hereinafter called the lnwner. . WHEREAS, the Owner has title to certain lands situate, lying land being at Greenport, in the Toon of Southold, County of Suffolk and State of tiew York, said lands hereinafter being more •,04 ; 1� particularly described in Schedule A attached hereto; and ��e WHEREAS, the Owner has applied to the New York State •� Department of Environmental Conservation for a freshwater wetlands 4 permit pursuant to Article 24 of the New York State IEnvirattmntal Conservation Law; and WHEREAS, a permit has been issued by the New York State 11000 _ :Dist. Department of Environmental Conservation on January 21, 1992 (D.E.C. Permit No. 1-4738-00174/00001-0) which requires the 035.00 _ Sec. ` — following covenant: 01.00 Hlk. pRegulated freshwater wetlands are located 'i:-025.000 in the north centrad portion of the condominium complex known as 'Breakers at Lands End" on the l Lot properties of the `dolowitz organization and their heirs, assigns or successors. This property is subject to the provisions of ECL Article 24, and the conduct of regulated activities may occur only pursuant to ECL Article 24 if prior approval is given by the New York State Department of Enviroi-mental. Conservation (RiYSDEC). Reiaulated j activities include, but are not limited to, clearing of vegetation; application of chemicals,; I� i excavation; grading and fillings and erection of -, =11 any structure(s).p The Owner does hereby further warrant, covenant and represent ,hat the foregoing restriction and agreement shall bind the undersignedc its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said emises or any part thereof by transfer or otherwise. IN WITNCSS WHEREOF, the owner has caused its hand and seal to affixed this 12141 day of February, 1992. GREENPORT DEVELOPMENT CO. By e die wolowitt,"'Part r 0400rIDA STATE OF . COUNTY OF 1009M . On this%.Z*"4 day of February, 1992, before me personally..came GOLDIE WOLOWITL, to me known to be the person who executed the . foregoing instrument, and who, being duly sQorn by me, did depose and say that. she is a member .of the firm 'of GREMPGRT DEVELOPMENT CO., a co -partnership, and that she executed -the fccregoing instru- ment in the firm name of GREENPORT DEVELOPMENT CO.., and that she 'had authority to sign the same, and she acknowledged to that she executed the same as the act and deAd of said firm for the uses and purposes therein mentioned. -2- Notary Public 41 SCIMUL.E A ALL that certain plot, piece or parcel of land, situate, lying and being-at Greenport, Town of Southold, County of Suffolk and of New York, bounded and described as follows: (State BEGINNING at a Qranite monument southeast an t!-e northerly �d � line of the North R«ad at the southwesterly corner of` land nrw or formerly of H. Dwight Ripley, being the southeasterly corner of the premises herein descrihed; running thence along said northerly line of North Road South 66' 01' 20" West 634.76 f(.et to land now or formerly of Schofield and McIntosh; thence along said land now or formerly of Schofield and McIntosh four courses and distances: (1) North 11' 31' 10" West 210.00 feet; thence (2) North 19' 16' 00" West 344.00 feet; thence (3) South 65' 47' 10" West 213.37 i f ect ; thence ( 4 ) South .19'- 16' 00" East 550.14 feet. to said northerly line of North.!toad; .thence along said northerly line of Norah Road two courses and distances: (1) South 65' 23' 50" West 1285.49 feet; thence (2) South 66' 36' 40" gest 589.52 tees to land now or formerly of Time Structures Inc.; thence a.lcng said land or formerly of Time Structures Inc. four courses and distances4 (1) Horth 41' 39' 10" gest 1084.54 feet; thence (2) North 65' 07' ,1now 'oast 376.40 feet; thence (3) North 32' 28' 10" nest 982.8.7 1150" feet; thence (4) North 32' 57' 20" gest 410 feet to the ordinary high Water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances: (1) North 440 12' 40" East 564 feet; thence (2) North 25' 16' 40" � ,East 398.12 feet; thence (3) North Sr' 57' 20" East 601.09. feet; thence (4) North 42' 36' 50" East 165.85 feet; (5) 4orth 5.70 59' 40" East 188.58 feet; (5) North 41' 51' 20" East 322.22 feet; (7) North 31' 15' 10" East 483.72 feet to land now or formerly of F.F. Ving, Jr.; thence along said land now or formerly of F.F. King, Jr. 14 courses and distances: (1) South 30' 10' 40" East 910 feet; thence (2) South 31' 03' 40" East 300.01 feet; thence (3) South 28' 19' 300 East 89.61 feet; thence (4) South 130 46' 30" East 33.68 feet; thence (5) South 27' 56' 500 Hest 65.47 feet; thence (6) South 0' 19' 400 East 179.94 feet; thence (7) South to 34' 00" East 300.20 feet; thence (8) South 3' 40' 00m Fast 100 feet; thence (9) South 0' 04' 20" Test 172.71 feet; thence (10) .South 5`18' 40" East 100.93 feet; thsnce (11) South 0' 39' 30" East 100.15 feet; thence (12) South 1' 45' 00' East 434.17 feet; thence (13) South 7' 02' 00" East 40.19 feet; thence (14) South 76' 49' 10" Fest 155.11 feet; thence along said land now or formerly of icing and along said land now or formelry of Ripley, South 24' 34' 30" East 805 feet to the point or place of BEGINNI1,4G, DL COVENANT RECOitD & RETUWV TO: RICHARD F. LARK ArroR LY AT L Aw MMN ROAD - P.0 BOX 973 CUTCHOGUF, NEW YORK 11035 (0 7 0) 734-V W7 MOM Sum= COUM CMM MWS owl= MCOMIM VSA %W® Of Instr13"nt: SASEIRM/DD! 11/01/2", Number of Pages: 5 3t: � !« TRMSFM TAX NEIL: 01-1305 Pam 762 District: Section: gay s 1000 035.00 01.00 025 00e DQQd mount: $0.00 Received the Followingia Fog Abowg justsummt I1 J:la $0.00 „t too V ,'•�. .w RPT eye 61S.00 No rane-'ear tax yeas Pam 2UMSMIG' TAX 2 _THIS [ tp.-. X3 p'i,, PMM OF ..M .S U C9AMSM • ' [ 1.2 Number of pages TORRENS Serial # Certificate d prior Ctf. # M Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording) Filing Stamps 4 FEES / / Page / Filing Fee Mortgage Amts Handling S 1. Basic Tax TP -594 2. Additional Tax Notation Sub Total EA -5217 (County) Sub Total `o i SpecJAssit. EA -5217 (State) Of Spec. /Add. RP.T.S.A. TOT. MTG. TAX Town_ County Comm. of Ed. 509 �` H Id ApponiobrowM Affidavit �+ • Transfer Tax Certified Copy `�� Mansion Tax The Properly covered by Ntis mortpe is of Reg. Copy will be improved by a one or1we family Sub Total dwelling only. Other O YES o .. or 140 GRAND TOTAL If NO, see.apptopriate tau elapse ea pm U of )his ittstrtaitets. v op Real Property Tax Service Verification 6 Community Preservation Find Dist. Section block Lot Consideration Amount S 1000 035.00 01.00. 025.000 CPF Tax Due E balistactionstOischarges/Releases List Property Owners RECORD & RETURN TO: Verizon 501 North Ocean Avenue Patchogue, New York 11772 Room 105 9 HN rillsome iii' b Vacant Lffnd TD TD 1D This page fOtrnm part of the attached Easement — VJ106693Wasb by Peconic Landing at Southold, Inc("ECIFYTYPE OFRGTRUM&lT) Feather Hill i Main Street IIS prearaItett 1rt IS atttled �a I Cm rhnlria NPc Ynrk 11971 SUFFOLI{aXMY NEW YOM Verizon TO In fits Ta wdwp of Southold 501 North ocean Avenue In the VILLAGE Patchogue, New York 772Grarnport Room 105 or HAMM of i3UXLS 5 THRU 9 MUST BE TYPED OR PRINTED IN )BLACK INK ONLY MOR -W *&Kj^& v w A #A aitc h Iva% beto fled in tact• office and I gun enclosing the original copy for your Rc±1, 1f1'pmim %A' y ore a>imebty t<wt-1e pant Included your pc aperty taxes. you will now need to x 1� W Mom % ftyt an Will nu Iva be billed dire tie for all future property tax 1 VP*nW Nam+ we pi► tnw-We a year. on or before January 1011, and on or before May 31". raftm• on wow pKeowrtts tut a 11me y fashuyn could result in a penalty. MOW Caftiml Feast lad Tom Tax Rearms with any questions regarding property tax Town Rftr—Im of Taxes 2 Va*4 Satise H401way NWnh LbAmbtnt. N.Y. 11757 Ott Tion Rnvhvv of Taw% 1 C*" I" NIM Fto" j4kvwnXVIt 777 `�1d 473 Udw ftw"pm °FMO Reed er of Tates Eao "amplan. N.% 11937 06511 MV2770 BlumWal TWM Recebw o1'Tans too main Sam" 1 om N.Y. 11743 dN351= 17 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Shelter Island Town Receiver of Taxes Shelter.. Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 Smithtown Town Receiver of Taxes 99 West Again Street Smithtown. N.Y. 11787 (631) 360-7610 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 E Southold Town Receiver of Taxes 53095 Main Street Solaihold. N -Y. 11971 (631) 765-1803 fi Edward 1' •r, Romaine Suffolk County IM I VJ106693 GRANT OF EA8EMSNT, made thi■ Sth day Of—URV , 701Ue 3etween Peconic Landing at Southold inc. residing at •� e� l_na ZQ moi, rh. mill Resp 44th Sn+►rnnia N - - (hereinafter referred to as "Grantor -) - to WRISON NZN YWK IMC. (for"atly known as New York Telephone Company), a corporation o9 the state of Maw York, having its principal office at, 1095 Avenue of the Amwiaas, Maw York, New York and L.I.L.C.O. dba L.I.F.A., d 1781. Old Country Mead, Hicksville, New York (hereinafter referred to as •Grantee`). UMMMs, the Grantor owns in fee a certain parcel of land sitnatad e. DIST. 1000, SSC. 036.00, aLK- 02-00, LOT. 025.000, in tb* County of en#fntk , State of New. York, as shown on >Q:ilI1R't ' ■ 'r attached hereto and hereby made part of this Grant. Noir, TWRElORE, HIMMUMTa1 1P1MZ3 That for and in consideration of the sus► on CM- hblisre ($1.00) in hand paid by the Grantee to Grantor„ the receipt of aehich. is hereby acknowledged, the Grantor grants unto the Greatest- its successors and assigns, the right, privilege and authority to canatrUct, place. operate, replace, removs, repair and maintain service lines, ineludI4 buried cable, pedestals, conduits, manholes, stubs, cables, wires and. fixtures as the Grantee may from time to time dssm neceeWW upOa, our, under and along the said land and the highways • adjoining of upolm said land, approximately as shown on Esbibit " a 'rt0gstbW With tM right of ingress and *gross to exercise all of the rights hszein granted and with the B right to trim' any trans -'and roots along said Bass, .40 reasonably necessary, to keep the said facilities free and clear from interference on said land and said -highways.- Y6e01tDa The exclusive and permanent right-of-way and ea0am"t above described and herein conveyed is intended to prohibit that loepitudiasi CC parallel occupancy .of said'eassment strip by others, including Grantor and to prohibit surface or subsurface structures or oth#vLoa oS otbirs, including Grantor, which might damags.or interf®re•vith hs opairation and maintenance of Granteel's facilities without the prior written eonssnt of Grantee, but is not intended to prohibit ckbssing.-of wild eas tt strip �no long as such crossings do not int irfore'irith or prohibit the gull use of the easement herein .granted. Gtintos., 061;mith 'the grantee, on behalf of. himself, hie'succ®s®ors'.arid €gesigpi®,. end as ®covenant sunning with the land, that the grade sxistiiag `ni `ihe 4:162' of tion of this grant of saaament will remain undisturbedM .edd Womesd. (a* (withstanding, anything to. the contrary cGhtsin" eaithi tMa t VEAiZOH• NEW YOPX, IHC. (for"rly known as f ork � I doom not object to natural. gas, electric Ear%r c 1® tv 0mvieeas occupying space in or around -the ®cunt-COCiidos grrovii9 that X10 dal. notice is provided to grant*& sad ` approgriat6 mffif�tty u6aoerm much Lao toning and marking are taken) .281RDt The Grantor hereby grmnts uato thm GrmutOOs'its succ8er�ose and arse .gns the right to permit the attachment of thg atica• am micetric service wires and faacilitied of'other utility POMPAIGG and to 1:66ne iy to such other cempaniem as inte east ie the rig s ggsentdA ire (third Grmnt. 6G:. It i® a condition of this Grant that receiving thio Grant shall, pay the coot of SOO&MLM excavations. mead® by. that corporation unda1 tbir3 �tzikt M restore or rapnir cony chem® dons.ty-tkmk cosgosa b the, Grantor Alla piecing; replacing, ralocatlzge cam, 3 maintaining, ronewing or ramdVing its f&CJ-11ti6m,. oh and indemnity the Grantor froom any injury to ito-'gz per !. or ttie public which may at any ti= occur throaagh`' k n Incorporation. Grantor ham duly executed thio grant the and written. PIECOMIC 1A 4 AT 3A(i'MLD9 3Wa !M T010.6693 =am ®r -mm YORK ) am % 'goes cKwurr OF On the.. 5th day of May. in the year 10'at becom fie* the undersigned, 9 . - I VW30SMI-17 Swesm" 4,Qj T.hquiRson.t pw Or proved to me *athe&o bmot personally known - to siti0faictdry., evidence to be th4i Ln4viftal(mj uhma VAM(*) to tam) odbacrib * ed - to the- within instrument and acknowlt4ged to am tba- ;macuted the- DOW in 'hit/wAwkwk amwLty, am tb" by htm/hk4fVfie signatursta) an the Lnetrumatt the L"LVw"I(G)0, 4w us Verbose capon behalf of which the lidtv4dwa.(aj QGtQdV Q#WV%*d thea instruiMht. Milww" VA, RE: VJ106693 . "Peconit Lud w Tdmho®e Cp®per) pmpwd to p drvi:io�, iaelodi®S �`t in fog.co®p�iae�ee indudinw Nm York Std t f . V.3 106691 EM931T 00 now or formerly Peconic Landing At Southold Inc. 589'23'20"E -7 000�� o. Av .q 0 01* z PIKE N89*2S20"W 0 \1 6 g N89' 20"W —1 8.P: C4 16 In NB9*2.3'20"W A 433.00, MAIN ROAD (N.Y.So RTE. 25 NYT 313 0. Nyl 312 0 IM1111144 myl in 0 .. EXHIBIT "A" To me AcQuAto ©v mccuml DESCRIPTION: MIROLLED ENVIRONMENTAL Mum, Land Surueyars Auffnmr.411mwAvail. Now Cork 119Ill J1.1 0 "pm_ W. rwaw,,,r.jr. &.rs. rings -lone) ,.71 5--q 9 PROJECT LOCKOON: At amawmir, tam ar Mmum^ swrgxcc cmmlv. tau "m CMSNIV'IAX WAP CJSI. 10W SEW. AS 0366 OS 941 HOWARD W. YOUNG. N.Y.S. LI W_ 45"Sm 11IMMAS C. WMPENT.. N.Y.S. P.E. NO 01482 LEGEM: S. uotlAllltttwltr AS a low OltI - SW two r yr P19m r9r= ft 7. I 1R Q 6 + i O E AMENDED GRANT OF SGENIC_EAS his 13th day of December , 1993. THIS INDENTURE, made t � by and between BRECKNOCK ASSOCIATES, a copartnership, with offices c/o Gus Scha,1, 690 Deer Park Avenue, Dix Hills, New York, hereinafter called the Grantor, and THE TOWN OF k SOUTHOLD, a municipal corporation having its principal place i of business It 53095 Main Road, Southold, New York, hereinafter called the Grantee. WHEREAS, there exists a Grant of Scenic Easement agreement covering portions of the Grantor's land,. dated July 15, 1971, and recorded in the Suffolk 1.3unty Clerk's Office on December 13, 1971 in Liber 706 , page 386 --and WHEREAS, the parties desire to modify the aforesaid Y 3 cancelling same and placing in Grant of Scenic Easement by g its stead the following Grant of Scenic Easement on.other property of tt3e Grantor, more particularly described in 1000 Schedule A herein; aad Dist WHEREAS, said premises constitute an area Of natural scenic beauty and whose existing openness, natural conn sec_ O1 clition, or present state of use, if retained, would enhance alk. the present or potential value of abutting and surroUn ng ld maintain or enhance the conservation of and wou®r9 dot properties ®®d natural or scenic resources; and WHEREAS, the Grantor wishes to grant a scenic easement l to the Grantee affecting the -)remises described in Schedule i 1 A.4 I 4J A; and REAL i' NATE TRANSFFP - 9UFM \ , GDE W&AGE WHEREAS, the Grantee deems it to be in the public interest to acquire interest or rights in teal property for the preservati3n of open space and areas to preserve the beauty and natural conditions of lands in the Town of Southold; and WHEREAS, Section 247 of. the General Municipal Law of the State of New "ark provides that municipalities, including Towns, may acquire the fee or any lesset interest, development right, easement, covenant or other contractual right necessary to achieve the aforementioned purposes to land within the Town; and WHEREAS, the Grantee in furthel3nce of the above policy and in accordance with Section 247 of the General Municipal Law, accepts the scenic easement affecting the premises described in Schedule A. NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration to the Grantor# receipt of which is hereby acknowledged, this agtee.meht wit- nesseth that: 1. 'rhe Grant of Scenic Easement agreement dated July 15, 1971 and recorded in the Suffolk County Clerk's Office on December 13, 1971 in Liber 7066, page 386. is hereby terminated and cancelled. 2. The Grantox doe-, hereby donate, grant, transfer and convey unto the Town -if Southold, a scenic easement in gross, of the nature, character and to $he ektent hereinafter set forth, over and upon all flhose certain -2- is A/� plots, pieces or parcels of land as set forth and described in Scredule A annexed hereto and made a part hereof. 3. The nature, character and extent of the easement hereby granted is as follows: a) No buildings or structures sha.11 be erected on the premises, except fercing, utility structures and but. - buildings which might be required by municipal agencies for the construction and maintenance of communal utilities, water or sewage systems, consisting of a treatment plant, pumping and lift stations and collection system, rind other such appurtenances. (b) No lumbering operations shall be conducted on the premises and no trees shall be cut unle=_ dead, diseased or decayed or for the better landscaping of the area or improvement of existing growth or as may be reasonably required in the construction of roads, equestrian trails, recharge areas or comn..in,.l utility, water or sewage syste.5m; (c) The land shall remain essentially in its natural state, except for landscarpigg and, maintenance auch as avowing ofgrass, the cleaning and removing of ,debrit Err, the pond areas. (d) No topsoil shall be removed from the premises nor shall sand, gravel or other minerals be excavated therefrom for purposes 01 sale or use off the premises$ 4or shall sand, gravel or other mgn,_rals be storsecl upon the premises; k �� I a -�. (e) The Grantee and its authorized agent shall have the right of inspection of the premises for the purpose of assurin5 itsf:if that the Grantor is not in violation of any of the terms and conditions of this se pnic casoment , at anY time. 4. The nature, character and extent of limitations -)n the within grant of sce3ic easement are as follows: (a) The prQmises shall, not be open or available :o the public_ for general or park use, but shall remain at all times in the #-xclusive possession of the Grantor. itn suc- cessor.: and assigns in interest, And su'bjecCt Qo its or their unqualified right to exr.lude.others therefrom by any and al.1 lawful means, except as indicated in paragraph 3(e)to (b) Roads with necessary rechar,;e basins for road drainage may be constructed to provide access to and'from surrounding properties of the Grantor, as well as the construction of jogging paths and equestrian trails. (c) The within grant of scf-nic easement shall in no way affect the right of the Grantor to use the premises, for the cies hs-rcin permitted, and to do .all such thing® thereon, not expressly forbidden herein, as a simil&rlY situated landowner mi;ht do; (d) All right, interests and Pravtiia9es 6i tile Grantor in the premises not herein specific& " don4tetga granted, transferred and conveyed, remain and reside with the Grantor, its successors and assiq•s. -4- r _ �J�r®Gc 5. the waiver or acquiescence in any va.rfatian from any part of the restrictions and covenants herein by the grantee shall be effective only for the particular instance involved and shall riot be deemed to limit the continuing force ani effect of the restrictions and covenants. 6. if the whale or any part of the premises shall bo!!. co►.demned or taken by eminent domain, then this easement nhall forthwith cease without need of ar`.y further writing from the date of title vesting in such proceeding. In such event the Grantor s:rall not be required to repay to any real property taxing authority .,ny taxes reduced or abated as a result of this scenic easement; nor shah the value of the premises be limited by this easement; nog shall any part of any award belong to the Grantee. 7. The grantee hereby undertaker to cooperate to the extent legally permissible in having the val"ation place upon the premises for purposes of real estate tanation t&k en into account and limited by the restrictions impose by this scenic easement, all in accordance with State Of Aiew` York Genesial Municipal. Law 5247. 8. This agreement shall be perpetual and shall bV a covenant running, with the land and shall be birAding upon the parties hereto, their successors and assigns. 9. This Grant: of Scenic Easement is sabjevt. to the adoption of a reralst.ion by the Town Board of the Town of -5- 3 f i 190 I Southold, subject to a permissive referendum authorising the `I i#U] � 7� ')� is%Lp SCHEDULE A ALL those Certain plots, pieces and parcels of land, situate lying and beim; neper Greenport, Town of Southold, Suffolk Coanty, New York, more particularly bounded and described as follows: PARCEL is 6EGINdNdING at a point located on t e southeitsterly portion of the premises being described herein. which point is the northeasterly corner of land of Schofield aid McIntosh, and =s the following two courses and dis- tances from a mo-ru. ent located on the northerly side '®f North Road (State Route 25):"(1) North ll' 31' 1.00•hest 210.00 feet; and (2) Ncrth 19° 16' 00" We:t 344.00 feet; running thence from said point of beginninq along land of Schofield and McIntosh, South 65" 47' 10" latest 213.37 feet to a point; thence through land of Brecknock Associates the followinq two courses and distances: (1) So-ath 65' 47' l0" West 330.94 feet; and ( 2) South 66" 36' 4C" Wiest 765.20 feet to land Of Jem- Reait; Corp.; running thence along said last mentioned land tt'e following three courses and distances: (1) North 410 39' 10" west 505.36 feet; (2) North 65° 079 50" East 367.40 feet; (3) North 32` 28' 160 West 290.00 fe+-t; running thence through land of Brecknoa-k Associates the following six courses and distances: (1) 'Porth 57' 16' 01" East 652.01 feet; ( North 2" 50' 30' East x11.75 f.eet,• (3) North 82° 04' 52" Fast 267.15 !eet; (4) South 10* 34' 40" East 472.04 feet; (5) ?forth 880 32' 59m East 360.75 feet; (6) South 23* 51' 43" East 1,123.11 feet to the northerly side of North Road (State Route 25); running then:e along the northerly side of North Road[ South 66* 01' 20" West 252.76 feet to land of Schofield and McIntosh; running thence along said last mentioned land the following twr courses and distances: (Y) -North 11' 31' 10' Vest 210.n0 feet; thence (2t north 19° 16' 00® We -t 344.00 feet tc the point or place of BEGINNING. ConcaBfli,nq 31.8212 acres_ PARCEL II: BEGINNI.4+G at a point located at the northwesterly rner of the pre-mises being descri.yed Hereon, which point is distant the folio -ding seven coarses and distances from tae. point on the northerly side of Morth Road ( State Route 25 ) where the southeasterly corner of land of .lean Realty corp. spins the (th- i wasterly corner )f land of Brecknock Associates: i :. ) I North 41° 39' 10" West 1,084.54 feet; 12) North 65" 07' 50" East '67,47 feet; (3) North 32' 28' 10" West 982.87 ter't; ( 4 ) North 32° 57' 20" West 410.{:0 t,�I.st ; ( , ) North 44* 12' 35" East 564.01 f ePt; l 6 ) North IV1 16' 36" East 398.13 feet; (7) North 580 57' l5" Ras' 47..09 feet; running the►,ce from said point of beginning along the ordinary .iigh water mark of bong Island Sound the following two courses and distances: (1) Korth 58' 57' 2.5" East 130.00 feet; theme i 2 ) North 42° 36' 45" East 169.85 feet to land of Brecknock Associate running thence through said last- mentioned land the follo"►ing eight courses and distances: (1.) South 29°32' 27" East 250.54 feet; (2; South-:` 43' 35" West 234.96 feet; (3) South 350' East 57' 18" Est 163.60 feet; (4) Scuth 3° 13' 0.4" West 277.09 feet; (5) South 57° 49' 51" West 255.05 feet; (6) North 31° 02' 45" West 300.00 feet; (7) North S° 13' 27" East 382.02 feet; thence (8) North 380-626 02" West 183.71 feet to the point or place of BP.GINNING. - � Containing 6.1046 acres. C" ISI wiTnzsS wrzmoF, the parties have hereunto set thein hands and mealr as of the day and year first above written. BRECKNOM ASSOCIATES Gus Schad# Fartnet TONIN OF S "OLD Hy °M i' Supervisor STATE OF NEW YORK: COUNTY OF SUFFOLK: On the 13 say of 1993, before n.4 personally came GUS SCHAD, to me known to be the person who ekecuted the foregoing,instrument, and who, being duly sworn by me, chid depose and say that he is a member of the firm. of HRECKNOCK ASSOCIATES, a co -partnership, and that.he executed the foregoing instrument. in the firm name of BRECKNOCK ASSOCIATES and that he had authority to sign the same, and. he acknowledued to me that he executed the same as the act and deed of said firm for the uses and purposes thersin meh- t i oned . �k (votary PublidL-1 6.G,4111,03, V LAFig WARY MAIM 14.46.Of-.N#W Y fik 52-7432500 Sufiv0k-C4r�Al�r STATE OF NFW YORK: : goamhsrlaa Ere�:r� fFaich �, x9.�Y COUlr u'Y OF SUFFOLK On the -23rd day of January , 1981, before me casae FRANCIS J N."IMPHY, to me known, echo, ' being by' aye duly sworn, did depose and say that he resides at - Old- Migh ISM, 6ge clso New York; that he is the Supervisor of the TOWN OF SOdTHOLD, the Minicipal corporation described in and which executed :e foregoing- instrument; that, he kn.cw3 the seal of said municipal corporation; than the .seal affixed is such seal; that it was so affixed by order of t'he Town Board. and that he signed his name thereto by Like order. �zotary blit . J AMERDeu QRMT of scaNrc r%sM42MT 13RECKNOCK ASSOCIATES, Grantor LS CM s and o q;�"� �• THE TOWN OF SOhTHOI,D, w� Grantee N � r �. M RICHARD F. LARK ATTOMPINT AT LAW :�• MAIN ROAD - :�. O. )SOX 97S er_:Te"Oeum. maw YORK 118" p (via yesmmy r� e z -- BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman, Chairperson ��=�F $i�UTyO 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes[ Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning �� �� 54375 Main Road (at Youngs Avenue) Kenneth Schneider COUNTY,N Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD 'OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL -2,'2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 2, 2015: 11:15 A.M. - PECONIC LANDING Ccil SOUTHOLD, INC. #6843 - Request for Variance from Article XXII Section 280-105 the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit to construct a tennis court fence, at; 1) more than the code required maximum 6 foot height when located in the front yard, located at: 1205 NYS Route 25 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCTM#1000-35-1-25 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothCaD-Town.Southold.ny.us Dated: March 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NUTIGE uF HEr�RINt� The following application will be heard by the Southold Town 13,3ard of Appeals at Town Hall, 53095 Main Road,'' Southold: AME, PECONIC LANDING @ SOUTHOLD INC. PIAP # 35.-7-25 'VARIANCE HEIGHT VEQUEST TENNIS COURT FENCE IN FRONT YARD LATE: THURS, APRIL 2, 2015 17 :7 5 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. 0 t.ONING BOARD -TOWN OF SOUTH -OLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 9, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, April 2, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request; by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any p'ublic or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than March 23rd: Please either mail or deliver to our office your--Affidavif- Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material; posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 31, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. J.I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Peconic Landing at Southold, -Inc. . (Name of Applicants) SCTM Parcel # 1000= 35-1-25 COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF MAILINGS � �G PES 19�� I, Iwona Kodym residing at Bergen Avenue, Mattituck New York, being duly sworn, deposes and says that: Oa the 13 day of March , 2015, I personally mailed at the United States Post.Office in Riverhead " New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in- Prepaid nPrepaid envelopes addressed to current property owners shown on the current assessment roll verified frim the official records on file with the ( ) Assessors, or (x ) County Real Property Office for every property which abuts and is across a public or private street, or• vehicular right-of-way of record, surrounding the -applicant's property. Sworn td before me this }day of °Mc�.r�� , 20 k5 c� (Notary Public) PATRiML O ARK *my Pulft State of Newyoft No 01CLUIllms tWOftOsionNSV 30. PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. .�oil ' ii pJ111411111111111 Eg t�-Po �0e49 C'901 milt 1�iit a p postage 0' ►r' X3,30 0i; I -� postmark C3 Postage $0.49� 0 Certified Fee Here Er i O 3 Return Receipt Fee $2.70 Certified Fee Zvi°�� postmark �✓ 0 Here 0 (Endorsement Requlred) Return Recelpl r ee `°!C� 0 Restricted Delivery Fee d; {) C3 (Endorsement Requved) ulred) (Endorsement Req � '/2-0 C3 0 $0°00' $ $6,49 4, 13. Restricted nt Required) (Endorsement Req ) m Total Postage &Fees i ' ' n 03! 131 2015 -° M e&Fees. $r •4- N IIILCLS}]-- Total Postage � � Sent To �� O __ -• M &--9-__ns�exssan Iv Mari____ Sent To Street, Apt• No.; P O BOX 356 m C� or PO Box No. John_ &__�ritin_'d93s -------------------- ---- - 11939 23'23 �` CiryStaie,ziP+a Marion, rI Streei,APt.No.; Avenue U _ _-________ :rr ----------------- East or PO Box No. ___-_-- 11 11 �` City, State, y-I'l r - - - ---� 112211 Brooklyn � '. --■ Ln CO •••� _}e. z •„ i 115 • Gfi� `� 1 .n $0.49 0901 ,•p 0901 0 Postage $ Postale $ ° 49 Er T' Certified Fee $3.30 �� I C3 Certified postmark Certified Fee 06 postmark 0- Here Here 0 ReturnReceipt Fee $2.70 rRetum Receipt Fee` °�� (Endorsement Required) Iy{ 0 (Endorsement Reqwred) 0 Restricted Delivery•Fee I. 0 Restricted Delivery Fee VO °00 (Endorsement flequued) 111 (Endorsement Required) 0 0 m Total Postage &Fees $i�°49 03!13!2015 M $G°49 03!13!2015 � .D Total Postage & Fees' � ru fU Sent To Sent To Annty_.__ Trus_t______________________ m John and Sara Costello -. Kin Jr _ � ---------------^------------^------------------ M Floyd_ F_,_______S._-----•-- street, Apt.No.; 1 Streef,AP£Nol Po BOX 2066 A or PO Box No. �Q �4�_-212-4----------------- ----------------------- . {I 74 or PO Box No.______________� ', City, State, ZIP+ --- NY 11944 � City State, ZIP+4 Ort , Greenp „• -till li - -- ■� ■ - ■ o ■ ` jilirinjill =T1111111 E1I [`- � • H�,,��1► �7� �.� .p Postage $ .>:0°4:9 0901 Postale $ $0°49 0901 1:3Ir - 06Certified Fee $3°3O postmark Er C30 Certified Fee $3°30 Q(' postmark Here 0 RetumReceiptFee� 2° Here 0 -(Endorsement Required) 0 Return Receipt Fee $2.70 Fee 0 (Endorsement Required) r-3 Restricted .(Endorsement lRequi ed) � °0� 0 .Restricted Delivery Fee $0.00 0 (Endorsement Reqwred) Total Postage & Fees � -fit'°49 0,5/13/201.? O 2 m :$G°49 0313/Vit? � fv —0 Total Postage &Fees Sent To - N m sent To Frank_ J:__Mcintosh______.^_______________ , m en Division --of Real Property_________________________ _� Sireet,Ap£NY; - 0 or PO Box No. - -------------r------- ------ - - --- I o Streef.APt.R-0-4 r- --- p0 Ro __35_ -_ 11939 City State, ZIP NY or PO BoxNoP� BpX (710_ ____.______------- ------- alt Marion, City State, ZIP+a 11 Hau au e NY Er •• N 6NPRT iY f1q , Q Er Postage $ $0.74 0941 C3 . ❑ Certified Fee $3.30 06 O Return Receipt Fee Postmark C3 (Endorsement Required) $2. 70 Here O Restricted Delivery Fee O (Endorsement Required) $0.00 m 'm Total Postage & Fees $ $6.70 03/i3I7015 �� Sent To m i JeAco_Rt --------------Street pt No.; -------------------- r%- or PO Box No. PO Box 67 City State, ZlP+4 -------- ------------------------- ---------------------------------- Greenport, NY 11944 PS Form 3800, August 2006 See Rev4rse for Instruc77 P• (DomesticCERTIFIED MAILT. RECEIPT Er Er A L U T TE 7 C3 . . Er C3 Postage $ $0.49 i 116 1119 0 Certified Fee / h ❑ $3.30 ?, n 12 P�is�inark E3 Return Receipt Fee t - C3 (Endorsement Required) $2.70 (_ _ �Iere C3 Restricted Delivery Fee (Endorsement Required) $4.44 4 M J9 �D Total Postage & Fees $ $6.49 03/19/2015 ru Sent To m Sterling Cemetery__Assoc_ ________________________ Street, Apt. No- ` C3 orPOBoxNo.PO Box 187 c - z/P- -e-----nt--,------------11--9--57------------------------------------------- iry,srare,riNY PS Form 3800, August 2006 See Reverse for Instructions ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to:''1` Jemco Realty Assoc. LLC '.. PO Box 67 ' Greenport, NY 11944 '< i E :2. Article Number.. (Transfer frorrrservlce label, PS Form 3811, July 2013 (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com® Er Postage $ .$0.49 0901 1305tal ServICeTM I 1711r :ITIFIFD $3.30 MAII r.. RFrFIG (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com® Er Postage $ .$0.49 0901 C3 I 1711r Certified Fee $3.30 06 C3 17 Return Receipt Fee r3 (Endorsement Required) Postmark Here $2.70 O Restricted Delivery Fee Postage $ C3 C3 (Endorsement Requirad) $0.00 Certified Fee $ $6.49 M -0 Total Postage & Fees 03/13/2'015 ru C3 Restricted Delivery Fee Sent To _ThomasF. Hamilton________________________ ------------=-------- � Street Apt -- PO Box No. --- Z-L$_-P.Slm._ Dr------------------------------------------ city,srare,ziPliken, SC 29803 C3 m ru .. I 1711r i . _a 0 Er Postage $ C3 Certified Fee 0 O C3 Return Receipt Fee (Endorsement Required) C3 Restricted Delivery Fee E3 (Endorsement Required) m „0 Total Postage & Fees Sent To 2 A L ,i $0.49 0901 $3.30 06 Postmark $2.70 Here $0.00 $ti.49 03,13/2015 rSterling__ Cemetery Assoc --------------- ----------------------------- r. treet, Apt IVo. POBoxNo.fO Box 1$] ---------- -------------- - State, Z/P+4 " ""--"'------------- Orient, NY 11957 A. Sigr}othre X -brit I Addressee B. eceived by Name) C. gat Del?ery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ,Se�ice Type At Certified Mail® ❑ Priority Mail Express" ❑ Registered ECReturn Receipt for Merchandise 13 Insured Mail 13 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 1013;2630 0000 0906 7792 Domestic Return Receipt W . `6OUTHOLD TOWN ZONING BOARD OF APPEALS RE: PECONIC LANDING AT SOUTHOLD INC. List of adjacent property owners 1. SCTM#100-34-4-17 John Costello Sara Costello PO Box 2124 Greenport, NY 11944 2. SCTM#1000-34-4-19.4 Suffolk County Division of Real Property Acquisition and Management PO Box 6100 Hauppauge, NY 11788-0099 . Frank J. Mcintosh 3. SCTM#1000-35-1-24 ❑. Priority Mail Express'"' East Marion, NY 11939 ' ■ Complete items 1, 2, and 3. Also complete Jemco Realty Assoc. LLC S item 4 if Restricted Delivery is desired. PO Box 67 ■ Print your name and address on the reverse Greenport, NY 11944 so that we can return the card to you. PO Box 2066 s i ■ Attach this card to the back of the mailpiece, 4. SCTM#1000-35-1-27.2 or on the front if space permits. SENDER: COMPLETE MIS'SEC • 1: Article Addressed to: Mark Anderson Ors Anderson John Abadiotakis Suffolk County Division of c/o F.J. Mcintosh • Print your name and address on the reverse Real Property PO Box 356 Brooklyn, 11229 + Acquisition and Management East Marion, NY 11939 1. Article Addressed to: PO BOx 6100 - 5. SCTM#1000-35-1-27.3 718Palm Dr. Hauppauge, NY 11788-0099 Frank J. Mcintosh PO Box 356 ❑. Priority Mail Express'"' East Marion, NY 11939 i 6. SCTM#1000-35-2-1 + `•? Article Numtier, ' ; ;; : 'I},;, . q = ! 01 (1)ensferfr6ms;eivice'1Ab61) : : Floyd F. King Jr. Annty. Trust ; PS Form 3811, July 2013 Dome: Country Club Inc. PO Box 2066 s Greenport, NY 11944 SENDER: COMPLETE MIS'SEC • 7. SCTM#1000-35-2-4 0 Complete items 1, 2, and 3. Also complete John Abadiotakis item 4 if Restricted Delivery is desired. Christian Abadiotakis Chri ChriAvenue • Print your name and address on the reverse 2323 e di ? so that we can return the card to you. ! Attach this card to the back of the mailpiece, Brooklyn, 11229 + or on the front if space permits. 8. SCTM#1000-35-3-1 1. Article Addressed to: Thomas F. Hamilton John Costello 718Palm Dr. Sara Costello Aiken, SC 29803 PO Box 2124 9. SCTM#1000-35-3-13.2 1 Greenport, NY 11944 Sterling Cemetery Assoc. C/o Leroy E. Fitting PO Box 187 Orient, NY 11957 i 2. Article Number 'R'0,11 -:: rrransfer fr6m s6rvice label) : .: ;7 013; s'PS 3811:, "July Im A. Signature B. Received by (Printed ame) `^- C. Date of C Denise Bar A— MR R 1 7 20 D. Is delivery address different fromit 1? ElYes If YES, enter delivery address belo� 1:1 No USPS 3. Service Type 0'Certified Mail® ❑. Priority Mail Express'"' ❑ Registered J6 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes "26 `00'd `,L7906 7`80`8 LI Return Receipt SECTIONCOMPLETE THIS ON DELIVERY A. Signature ❑ Age e/ lNfAdd B. Received by (Printed Nameft C. Date of D D. Is delivery address different from item 19 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 Certified Mail®Priority Mail Express - E3 Registered Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes `i00'06 `0906 `78'15 Receipt l TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of '� � I AFFIDAVIT Peconic Land at Southold, Inc. - #6843 OF MAILING Regarding Posting of Sign upon Applicant's Land Identified as SCTM # 1000-35-1-25 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Iwona Kodym, residing at Mattituck New York, being duly sworn, depose and say that: On the 19t' day of March, 2015, I personally mailed at the United States Post Office in Riverhead, New York, by Certified Mail, Return Receipt Requested, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the County Real Property Office for every property which abuts and is across a public or private street, or vehicular right of way of record, surrounding the applicant's property. Sworn to before me this V3" day of March, 2015 C- o,- Notary `Notary Public PAWAA A. CLARK R0ftyPublk;,6Mo1NeW" No 01CL5711005 Ouallfled in Suffolk County 0ommtsslon Expires September 30, a CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK Mailing Address: P.O. Box 1547 Riverhead, NY 11901 March 23, 2015 Zoning Board of Appeals Southold Town PO Box 1179 Southold, NY 11971 Re: Peconic Landing at Southold, Inc. Dear Ms. Toth: TEL: (631) 369-8200 FAX: (631) 369-9080 E-mail: charles.cuddy@verizon.net Enclosed please find an Affidavit of Mailing along with the green/white receipts and the green signature cards for the hearing scheduled for April 2, 2015. CRC:ik Enclosures Very truly yours, Charles R. Cuddy. ■ Complete items 1, 2, and 3. Also complete A. bignaturi item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. B. Received ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliveq I 1. Article Addressed to: If YES, ei im n ! x O C- L: .O Fy srit j 2. Article Number a (Mansfer.from s WORM Form 3811, 3. rvice T S Certifi 0 Regisi E3 -Insure 4. Restricte !efabpo 7013 2630 000 2013 I _ Domestic Return Receipt P --M N Olk! 3H101.3dO13AN3 d0 dOl1V H3N0LL5 30Vgi'd IS SECFION' COMPLETE THIS SECTION ON DELIVERY I ■ Complete items 1, 2, and 3. Also complete A. bignaturi item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. B. Received ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliveq I 1. Article Addressed to: If YES, ei im n ! x O C- L: .O Fy srit j 2. Article Number a (Mansfer.from s WORM Form 3811, 3. rvice T S Certifi 0 Regisi E3 -Insure 4. Restricte !efabpo 7013 2630 000 2013 I _ Domestic Return Receipt P --M N TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING Peconic Landing at Southold, Inc. (Name of Applicants) Regarding- Posting of Sign upon Applicant's Land Identified as SCTM Parcel #10.00- 35-1-25 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charles RCuddy residing. at Marratooka -Ln. Mattituck , New York, being duly sworn, depose and say that: On the 19th day of - March 52015 , I personally placed the Town's Official Poster, with the date of hearing and *nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) — facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained• in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be April 2. 2015 Sworn to before me this 'S(). Pay -of MC.ae C� , 201 '37 - (Notary Public) (Signature) Ail PATFUCIA K CLARK Notary Public, State at NewWi4 No. 01Ct.5711003 ChOMCommission re�.d.� In Sufo�,l�k�Coou�nt' wy.uw Septon'w. a * near the entrance or driveway entrance of my property, as the area most visible to passerby. ■ Complete items 1, 2, and 3. Also complete { item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Murk Anderson Ors Anderson, c/o F.J.Mcintosh PO Box 356 East MArion, NY 11939 2.: Article Nu[rlber : , ; ; i ;(Transfer'; from seryice(akeq? PS Form 3811, July 2013 A. Signature �C) aan. 1 sse X �' d B. Received by (Printe Nam r.of De ve 7- . D. Is deTivery%ddfess ditterent tro if YES, enter delivery address 3. Service Type 6 Certified Mail® 0 Priority Mail Express" I 0 Registered ['Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) E3 Yes I -Ali!',n000' 0906 7.7'85' Domestic Return Receipt ■ Complete items 1; 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on, the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1,. Article Addressed to: Frank J. Mcintosh PO Box 356 East Marion, NY 11939 " 1 2. Article Number (rransfer from servic p fabel; PS'Form' 3811', July 26'13 5 by (Printed ha e) (f_- Y C. Dat D. Irc eliveryaddress different from If YES, enter delivery address bels `6- y 3. Service Type ,)Certified Maile 0. Priority Mail Express"' E3 Registered LReturn Receipt for Merchandise 0 Insured Mail O Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 7013 2630_0000 0906 7778 i Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete H 71[3116' UIC 0 Agent item 4 if Restricted Delivery is desired. ❑Addressee ■ Print your name and address on the reverse ec ived by (Printed.Na C, to of eliv ! so that we can return the card to you. ■ Attach this card to the back.of the mailpiece, ? f or on the front if space permits. D. Is delivery address different from item 1? Yes If YES, enter delivery address below: 0 No 1. Article Addressed to: Floyd F. King Jr. Annty. Trust+ Country Club Inc. I PO Box 2066 Greenport, NY 11944 3. Service Type Certified Mail® 0 Priority Mail Express - 0 Registered Return Receipt for Merchandise i❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number. 7 00 0 0 9 0 6 f(Transfer from service --- PS Form 3811, July 2013 bomestio Return Receipt f #12155 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, 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, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 26th day of March, 2015. Principal Clerk LEGAL•N0`Y10E SOU'ITIOLD TOWN ZONING BOARD OF APPEALS THURSDAY APRIL 2, 2015 PUBLICHEARINGS NOTICE 1S HEREBY GIVEN, pur- suant to Section 267 of the' ift Law and Town Code Chapter 280 (,76omng); 'town of Southold,'the follolymg, )ublte�- bearings will be held by tht SOi7iTi OLD TOWN, ZONING BOARD O APPEALS at the Town Hall, $3095 lviain Road, .P.O. Box -1179, Southold; New York 11971-0959 on 1LLR_SI PRJi42 5. 9:45 lit = .THEOTOKIS 'DAVA5` a_A ,k %10S PAI'AGIANISS 6&% - Request for Variance from,ArticIdATI, . Code Section 280-15B and the: Building Inspector's February- 19,-2015 -Notice,.of Disapproval'based'6n ai 'app1ieation` for building permit for a workshop addition to an existing accessory garage, aG,lcss'thhn the code required side yard setback of 20 feet, located at: 1345 Chapel Lane'(corz ner County Route 48 akar North;Road) Greenport, NY. SCTM#1000-45=1-8b 10 A00 M ANDREAS PAVLOV 46827 - Request for Variance from- Arti-cle XXIII Section 280-124 arid.the Build- ing Inspector's'October 3,2014'No41 6f Disapproval based on ail application for building permit for additions and altera- tions to existingsingle'family dwelling, at; less than the code required miiiintum side yard .setback of 15 feet, located at: 1335 SoundBeach Drive (Central Drive) Mattituck, NY. SCTMi1l(F00-106- 1-29 10;15 A.M. -RICHARD ' " "N_ Di #6848 - Request for Variance from Article III Section 280-14 and the Build- ing Inspector's January 22, 2015 Notice of Disapproval based on an application, for building permit for additions and alb terations to existing single family dwe4L, ing, at: 1) more than 111e'code m2,-imum numbenofstone a ft9 ;f°stories located au 240 Sunset Pathl(Iiilitop Path) "South- old, NY. .SCTM#I OI10-54-1-19 r ! ire me this day of7 t 1100 ANI I ITf''FNTEIPI3 #6$43_9 Request for Yariance.ffom Artt- S 280 S2¢ 2ncttheBuild- CHRISTINA VOLINSKI KAREN FEUERNIAN #6845 - Request for Variances from Article XXIII Sec- tion 280-124 and Article XXII Section 280-116B and the Building Inspector's December 22, 2014 Notice of Disapprov- al based on an application for building permit for demolition and reconstruc- tion of-a-dwelling,with; deck.addition, at; 1) less than the code -required ini- mum single side yard setback of 10 feet, 2) less than the'code required bulkhead setback of 754cet, located 'at: 980,04k Avenue (adj. to Goose Creel:) Southold, NY. SC7'M#1000-77-1-6 , 10:45 A.M. - PATRICIA MA- 3NTYRE #6847 Applicant requests a Special Exception under Article 311, Section, 280-13B(13).,The. Applicant is the -owner, requesting.�authorization" to establish an Accessory Apartment in an accessory -structure; located at: 9875 Main Bayview Road Southold, NY. SCTM#1000-88-1-2.1 cle A"" , ecttott ing Inspector's Febraitr,,3 2015'Notice of Disapproval based,an an application for building permit for,cbnstruction of a new single family dlvellzng, at; less flan tite code required' rear yard sefiiack (it 50 feet; located" at::485 Hickory Avenue (ecrixerHickory Avenue) Southold, NY. fi . #`i000-77-1-24 ffr Variance fiom Article XXII Section 280-105 the Building, Inspectors 4;7e amber 3, 2014 Notice of Disapproval based on an application for bi lId. i ag permit to construct a tennis: court fence, at;; 1) more than the `code 'required maximum 6 foot height when located inthe front yard; -located at:;1205 NYS,, Route 25 (aka North Road). (adj. to Long Islami_ Sound) Greenport, 'NY. SCrmnodO-35-1-25 11!'WAcM.—WHFIANUk =.P1iI- tO- construct gasoline,.sctvicc station with .4convenfence �4st6re"Located at 45450 County Road; 48 (aka North Itaad; corn e-r;Youi} 's. Avenue).South- service strop into gas;station-wiih con venience store and construct new pump islands, at; 1) proposed front canopy at less than the'coderei)utrea setback of , 100 feet from;the,,righ(of way, 2) pro- posed front pump island, at more than the code permitted WC�'linear feet of frontage on one street located at.4$450. County Road 48 (qk;� North Road cor- ner Young's Avenue)'; Southold, NY.;L SCTIv141000'=55 5 22 ".1:30 P.M.'- KENNE H acid J 3 NN% ZARLEk'06851 'Request,fo`'r" Vari= ante; "from Ariicle XIII Section- 2$0- 1 105C3 the Building;Inspector's ofimuaky 5, 2015 Notice of Disapproval based=i an application for building permit to construct deer fence, at; 1) deer fence proposed in location other than" side and rear yard, located at: 63735 County Route 48 (aka North Road)- (adj. to Long Island, Sound) ;, Greenport,;. NY. SCM1#1000-40-1-20.2 NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County raw�i r.;�t• Fahruary 29, 2016 IA5 P.M. - F1 M055 L� #6846 - Request for Variances from Article"[II Section 280-15 and Article IV Section 280,8 and the Building Insocetvr'aDe- cember 22, 201.4 Notice'of Disapproval based on an application for 6ading permit for construction of an accessory garage and a deck"addition to an ex3st- itcliogue NY. #Mp.. Request for Variances from Ar- ,icle XV, Sections 280-64B&C and 280- 63 and the Building Inspector's June 9, 2014, renewed February 23, 2015, amended February 26, 2015 Notice 'of Disapproval based on an application for building permit to construct a com- Inorciat building for an electrical con- tractor's yard, at; :1) less than the code required,average, front ,yard setback of 16afect 5)1ess than" the code required mitumu"m rear yard setback` of170: feet, 3}.proposed,,s6ricture}wlit !More than the go allbwo maximum of '60 linear feet- f frontage on one street;']ocated gt� 0 Corwin Street -Greenport NY $ TSj4#1000-48-2-44.2 The Board of Appeals will '�hear *all persons or their representatives; desiring "to be heard at each hearing, andlordesir- ing to submit written statements. ...",e the .conclusion, of each hearing. Each hearing will notstart flan rt earlier,desig= nated above. Files are availa61e-f8r`r6- view during regular business liaurs> jnd prior to the day of the hearing,`' If" ou have questions,,please contact,04'.affice at, (631.) 765-1509 or by email: Vicki. TothC Town.Southoldary.us. Dated: March 9, 201-5 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN;GHAIR- 'PERSON Vickr Toth 54375 Main Road• (Office Location) 53095 Main Road (Mailing/USPS) EO -Box 1179 Southold,NY 11971-0959 12155-1T 3l26 _. `. RECEIVED ` WN3CHARLESR.CUDDY FEB 2 3 209 ATTORNEY AT LAW 445 GRIFFING AVENUE BOARD OF APPEALS RIVERHEAD, NEW YORK Mailing Address: P.O. Box 1547 Riverhead, NY 11901 February 17, 2015 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Southold Town PO Box 1179 Southold, NY 11971 Re: William A. Penney, III and Sukru Ilgin-SCTM#1000-55-5-2.2 Peconic Landing at Southold, Inc.-SCTM#1000-35-1-25 Dear Ms. Weisman: TEL: (631) 369-8200 FAX: (631) 369-9080 E-mail: charles.cuddy@verizon.net I have received a legal notice for two hearings on Thursday, March 5, 2015: 1. Peconic Landing at Southold, Inc. -request for a variance to permit a tennis court fence more than the Code maximum of 6 feet in height; 2. William A. Penney/Sukru Ilgin-requesting conversion of an existing RV sales and service shop, into a_ga station requiring set back variances. I have'also been informed that. the Peconic Landing refinance to construct 46 apartment units, 16 skilled nursing units, and 16 memory care units has been scheduled for March 5th in New York City. The financing involves both a bank loan and the sale of bonds through the Southold Local Development Corporation. I am counsel to Peconic Landing at Southold, Inc. and must attend that closing. I respectfully request you adjourn the above hearings to March 19, 2015, or the next available date. Very truly yours, Charles R.' Cuddy CRC:ik Enclosures i BOARD MEMBERS - Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider oF so�ryo o � aQ coUNTY,� http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 s Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 5, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 5, 2015: 11:50 A.M. - PECONIC LANDING f SOUTHOLD, INC. #6843 - Request for Variance from Article XXII Section 280-105 the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit to construct a tennis court fence, at; 1) more than the code required maximum 6 foot height when located in the front yard, located at: 1205 NYS Route 25 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCTM#1000-35-1-25 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the -day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothC&-Town.Southold.ny.us Dated: February 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF -HEARING The following application will be heard by the Southold Town B yard of Appeals at Town Hall, 53095 Main Road, Southold: AME PECONIC LANDING @ SOUTHOLD INC. #6843 FIAP # 350=1=25 '1'ARIANCE HEIGHT and YARD LOCATION EQUEST TENNIS COURT FENCE IN FRONT YARD LATE: THURS, MAR. 59 2015 11 :50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. _'� NIN � B0ARV=T0.%4W,1N OF SnUTHOLD 765-1 809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. -Box 1179 Southold, NY 11971-0959 ---^�-----`---(631) 765-1809 Fax 765-9064 � - -�------ -- LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net February 9, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, March 5, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which. is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. -If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to -.--obtain.-a-mailing--address-or--to--deliver--the--letter--to-the-current_owner_,_to_the-best__of__y_our-ability, -_. and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible;__ AND not later than February 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Officer When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 3, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider Southold Town Hall 53095 Main Road - P.O.,Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF'SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9 E C E MEMO JAN 2 9 2015 TO: Planning Board Southold Town Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: January 28, 2015 SUBJECT: Request for Comments ZBA #6843 — Peconic Landing at Southold Inc. The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX # / ZONE ZBA HEARING VARIANCE PLANS DATE PREPARER DATE STAMPED PECONIC 35-1-25 #6843 3/5/15 280-105 1/2615 Young & LANDING AT Young SOUTHOLD INC. Your comments are appreciated by one week prior to above hearing date. Thank you. Ends. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider '!7COUffN 5;t http://southoldtown.northfork.net i Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 January 28, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6843 Owner/Applicant: Peconic Landing @ Southold Inc. Action Requested: Tennis court fence in front yard - height Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) () Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District () Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. NM r J P ING BOARD MEMBERS / DONALD J. WILCENSKI Chair -./ ^ WILLIAM J. CREMERS / \ PIERCE RAFFERTY { JAMES H. RICH III _ MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman_DV �'t Members of the Planning Board Date: February 10, 2015 Re: Request for Comments for Peconic Landing at Southold SCTM#1000-35-1-25 ZBA#6843 MAILING ADDRESS: P.O_ Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375S tate Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov RECEIVED FEB 10 2015 ZONING BOARD OF APPEALS The Planning Department is in receipt of your request for comments regarding the above -referenced application. At this time, the Planning Board has no comments to offer regarding ZBA#6843. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider April 17, 2015 Charles R. Cuddy 445 Griffing Avenue Riverhead, NY 11901 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 RE: ZBA Application #6843 — Peconic Landing Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's April 16, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, \r Vicki Toth Encl. Cc: Building Dept. 3OLLQN ._I �awwoTwwa�MwMr. l --w �. �. — „r..e... 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