HomeMy WebLinkAbout1000-102.-1-33.3 RECEIVED
Southold Town Planning Board
Notice to Adiacent Property Owners J^ , _ 7 2019
You are hereby given notice:
Southold Town Clerk
1. The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the
conditions and covenants for this site plan, which was approved by the Planning Board on August 14,
2017.
2. That the property which is the subject of the application is located adjacent to your property and is
described as follows: SCTM#1000-102-1-33.3;
3. That the property which is the subject of this application is located in the Hamlet Density Zoning
District;
4. The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the
conditions and covenants for this site plan, which was approved by the Planning Board on August 14,
2017. Currently the covenants state that the clubhouse and pool amenities must receive certificates of
occupancy before any residential units receive certificates of occupancy (c.o.'s), and that 75% of the
c.o.'s for Phase One must be completed prior to receiving building permits to begin Phase Two of the
project. The owner has requested that the residences in Phase One be allowed to be issued c.o.'s prior
to the clubhouse and pool receiving c.o.'s, and that the requirement that 75% of the units in Phase One
receive c.o.'s be reduced or eliminated as a requirement to begin subsequent phases of construction.
The covenants state that amendments may be considered only after a public hearing and with a
majority plus one vote of the Planning Board. The property is located at 75 Schoolhouse Road,
Cutchogue. SCTM#1000-102-1-33.3
5. The covenants require that the Planning Board conduct a public hearing to consider an amendment,
and that a majority plus one vote would be required to approve it.
6. That the files pertaining to this application are open for your information during normal business days
between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on
the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd Fl., former Capital One Bank). If you have any
questions, you can call the Planning Board Office at (631)765-1938.
Information can also be obtained via the internet:
1. Go to the Town of Southold website www.southoldtownny.gov;
2. Click on Town Records Weblink/Laserfiche icon located on the home page,
3. Click on "Planning Dept." folder;
4. Click on "Applications", then "Site Plans", then "Approved",
5. Click on the SCTM# (tax map #) of the application (found in #2 above).
Or by sending an e-mail message to: JessicaMe-southoldtownny.gov;
6 That a public hearing will be held on the matter by the Planning Board on Monday, January 14, 2019
at 6:03 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such
hearing will be published at least five days prior to the date of such hearing in The Suffolk Times
published in the Town of Southold; that you or your representative have the right to appear and be
heard at such hearing.
Petitioner/Owner Name The Heritage at Cutchogue, LLC
Date: 12/18/18
I AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS
AMENDED DECLARATION made this day of
20198egtembeF, 2017, by RIMOR DEVELOPMENT LLC, a New York limited
liability company with a place of business located at 1721 D North Ocean Avenue,
Medford, New York 11763, hereinafter referred to as the DECLARANT.
WITNESSETH:
WHEREAS, the DECLARANT is the owner of certain real property situate
at the northwest corner of Schoolhouse Road and Griffing Street, at Cutchogue,
in the Town of Southold, County of Suffolk, and State of New York (Suffolk
County Tax Map parcel number 1000-102-1-33.3), more particularly bounded
and described in Schedule "A" annexed hereto (hereinafter referred to as the
"Property"); and
WHEREAS, the DECLARANT has made an application to the Planning
Board of the Town of Southold (hereinafter referred to as the "Planning Board")
for a residential site plan to include 124 condominium units and associated
accessory structures, hereinafter referred to as the "Project," as shown on the
approved site plan entitled "Harvest Pointe" (aka "Heritage at Cutchogue"),
prepared by VHB Engineering, Surveying & Landscape Architecture, P.C., last
dated August 30, 2017, and including 43 pages, and hereinafter referred to as the
"Site Plan"; and
WHEREAS, a digital copy of the Site Plan is available for reference from
the Town of Southold (hereinafter referred to as the "Town"); and
WHEREAS, as a condition of granting approval of the Site Plan, and
pursuant to a further Planning Board resolution adopted
2019, the Planning Board has required that this Amended Declaration be
recorded in the Suffolk County Clerk's Office; and
WHEREAS, the purpose of these covenants is to mitigate environmental
and public health, safety and welfare impacts from the development of the
Property, and to further the goals of the Town's Comprehensive Plan; and
WHEREAS, as a condition of approval of the Site Plan and to further the
Town's goals of land preservation, the Planning Board has found that 50% of the
land area of the Property shall be preserved as open space, and has required
that these covenants include specific restrictions over the open space portion of
the Property, as shown on the aforementioned Site Plan, on Page OS-1; and
WHEREAS, pursuant to § 280-97 of the Code of the Town (hereinafter
referred to as the "Town Code"), entitled Right to farm, the Town has determined
that farming is an essential activity within the Town, and that farmers shall have
the right to farm in the Town without undue interference from adjacent
landowners or users; and, for the purpose of reducing future conflicts between
people residing on tracts adjacent to farmlands and farmers, it is necessary to
establish and give notice of the nature of the farming activities to future neighbors
of farmland and farming activities; and
WHEREAS, the DECLARANT has considered the foregoing and has
determined that the same will be for the best interests of the DECLARANT and
subsequent owners of the Property.
I NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH:
That the DECLARANT, for the purpose of carrying out the intentions
above expressed, does hereby make known, admit, publish, covenant and agree
that the Property shall hereafter be subject to the covenants and restrictions as
herein cited, to wit:
1. There shall be no subdivision of the Property resulting in additional building
lots (this prohibition of subdivision shall not apply to condominium unit
designation maps). No lot lines shall be changed unless authorized by the
Planning Board by a majority-plus-one vote after a public hearing.
2. Until such time as the DECLARANT has paid in full the $2,000,000 fee
specified in Paragraph 25 of the "Stipulation of Settlement" in NOCRO, Ltd.,
et al. v. Scott A. Russell, et al., Suffolk County Supreme Court Index No.
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19101/2009, which was "so-ordered" by Justice Jerry Garguilo on September
25, 2014, the DECLARANT shall provide the Town Clerk with written notice of
any sale or transfer of any portion of the Property, and any such sale or
transfer must be expressly made subject to the terms and provisions of the
"so-ordered" "Stipulation of Settlement," as same may be amended.
3. The Project shall be constructed in four phases, according to the Construction
Phasing Plan approved for the Project by the Planning Board, unless
otherwise approved by the Planning Board. Prior to commencement of
Phases 2, 3, or 4 of the Project,
issued feFat least 75% of the units included in the prior phase shall either (a)
have been issued certificates of occupancy, or (b) be under contract to be
sold.
4. All aspects of the Project shall be constructed and maintained substantially in
accordance with the Site Plan, including the architectural drawings, except
where the Site Plan is amended by a majority-plus-one vote of the Planning
Board after a public hearing.
5. The occupancy of all the residential units on the Property is limited to persons
of the age of 55 years or older; a spouse of any age, provided the spouse of
such person resides in the unit and is the age of 55 years or older; children or
grandchildren residing with a permissible occupant, provided such children or
grandchildren are 19 years of age or older; and individuals, regardless of age,
residing with and providing physical support to a permissible occupant.
6. The clubhouse and grounds are for the personal enjoyment of the occupants
of units in Harvest Pointe and their family members, and shall not be rented
or leased for use by non-occupants for special events, including, but not
limited to, weddings, fund-raisers and parties.
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7. There shall be no more than 124 dwelling units. Accessory apartments are
not permitted.
8. Basements in the residential units on the Property:
a. shall not be used for habitable space; and
b. shall not have a ceiling height in excess of eight (8) feet; and
c. shall not have windows in excess of the minimum area required for
uninhabitable basements by applicable laws, regulations, and building
and fire codes.
9. Low-flow plumbing fixtures shall be used within the residential units and the
community building on the Property.
10.The maximum total livable floor area for all residential units on the Property
shall not exceed 234,576 square feet (i.e., 219,076 square feet of livable floor
area plus a maximum increase of 125 square feet in each unit, with no
expansion of the footprint of such unit), except that the Planning Board may
approve additional square footage in "B" units, with no expansion of the
footprints of such units, provided that the total livable floor area of all
residential units on the Property shall not exceed 245,000 square feet. Any
expansion must meet all other building codes and wastewater regulations of
the Suffolk County Department of Health Services ("SCDHS"). "Livable floor
Iarea," for the purposes of this Amended Declaration, is defined as all spaces
within the exterior walls of a dwelling unit, but shall not include community
facilities, garages, breezeways, unheated porches, cellars, heater rooms, and
approved basements having a window area of less than 10% of the square
foot area of the room.
11.The maximum livable floor area in any one unit must not exceed 1,999 square
feet, except for minor increases in livable floor areas within existing structures
of not more than 125 square feet for any unit, so long as the total livable floor
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area on the Property does not exceed the amounts set forth in Paragraph 10,
above.
12.There shall be no conversions of garages or screen porches on the Property
to livable floor area.
13.There shall be no additions to the residential units on the Property, except as
set forth in Paragraphs 10 and 11, above.
14.Construction of all buildings on the Property shall comply with the New York
State Energy Conservation Construction Code.
15.Prior to issuance of certificates of occupancy for any residential units on the
Property:
a. a certificate of occupancy shall have been issued for the clubhouse;
on the Property ,
and
b. all site work and infrastructure servicing pp�L#he-residential units-to
receive a certificate of occupancy must be completed in
accordance with the Site Plan, and to the satisfaction of the
Planning Board.
16.Owners of residential units on the Property shall be given notice as to proper
methods for disposal for pharmaceuticals and shall be instructed not to
dispose of such materials in the wastewater disposal system on the Property.
17.A total of$2,000,000.00 shall be payable by the DECLARANT for all park,
recreation area, affordable housing, professional, and other fees associated
with the Project, other than post-site plan building permit and inspection fees,
and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town
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upon issuance of each certificate of occupancy for the 124 residential units
included in the Project. Notwithstanding the foregoing, any balance of the
aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023
shall be paid in full on or before such date.
18.With respect to wastewater disposal from the Project:
a. the Project shall use innovative/alternative wastewater treatment
systems that have been approved under Suffolk County's
Innovative and Alternative On-Site Wastewater Treatment Systems
(I/A OWTS) Program (a/k/a Article 19 of the Suffolk County
Sanitary Code);
b. the Project developer shall be responsible for continued successful
operation of the I/A OWTS systems on the Property until such time
as a condominium owners association takes over the management
of the Property; and
C. an annual monitoring report shall be provided to the Planning Board
to check whether the level of nitrogen in the effluent remains at or
below 19 mg/L, and the duration and methodology of such annual
reporting shall be determined in conjunction with the Suffolk County
Department of Health Services ("SCDHS").
19.All exterior lighting on the Property, including lighting on the residential units,
shall comply with (a) the provisions of Chapter 172 of the Town Code, and (b)
the Lighting Plan pages of the Site Plan. Any future exterior light fixtures not
shown on the Site Plan must be reviewed for compliance and approved by
the Planning Board prior to installation. There shall be no lights on the tennis
court on the Property.
20.An entrance gate is not permitted, and the entrance booth shall not be
staffed, except with prior approval of the Planning Board after a public
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hearing. The entrance booth may be staffed during construction of the
Project.
21.A nature trail, constructed of pervious material, shall be installed and
maintained on the Property, as shown on the Site Plan.
22.Bike racks shall be provided at the community center and the tennis court on
the Property.
23.The emergency access for the Property at Bridle Lane shall be used for
emergency access only, and shall not be used for any other traffic, including
construction traffic.
24.Parking shall be restricted to one side of each of the access roadways on the
Property, and there shall be no overnight parking on such roadways.
25.The DECLARANT acknowledges that the Site Plan is within 500 feet of land
in agricultural use. All owners and future owners of the condominiums are
hereby provided notice of protected farm practices pursuant to the Town
Code Farmland Bill of Rights. Farmers shall have the right to undertake
protected farm practices in the active pursuit of agricultural operations,
including, but not limited to: clearing; grading; plowing; aerial and ground
spraying; the use of legal agricultural chemicals (including herbicides,
pesticides and fertilizers); raising horses, poultry, small livestock and cattle;
processing and marketing produce; installing water and soil conservation
facilities; utilizing farm crop protection devices; designing and constructing
and using farm structures, including barns, stables, paddocks, fences,
greenhouses and pump houses; using water; pumping; spraying; pruning and
harvesting; disposing of organic wastes on the farm; extensive use of farm
laborers; training of laborers and others in the use and care of farm
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equipment and animals; traveling local roads in properly-marked vehicles;
and providing local farm produce markets near farming areas.
These activities can and do generate dust, smoke, noise, vibration and odor.
These activities may occur on holidays, Sundays and weekends, at night and
in the day. Such activities are presumed to be reasonable. Such activities do
not constitute a nuisance unless the activity has a substantial adverse effect
on the public health, safety and welfare.
26.AII stormwater management and drainage controls shall be maintained in
perpetuity as required and shown on the Site Plan.
27.AII stormwater run-off resulting from the development of the Site Plan shall be
retained on site and shall be the responsibility of the Property owner to
manage.
28.Utilities on the Property, including but not limited to electric, gas, telephone
and cable, shall be underground.
29.Landscaping Maintenance: All plantings, landscaping, and landscape
maintenance must follow the Site Plan specifications on Pages L-1 through L-
6. In particular, there is a detailed Landscape Management Plan on Page L-1
of the Site Plan.
30.All trees shall be maintained as shown on the Site Plan. Should a tree die or
otherwise be destroyed, it must be replaced with the same species and size
shown on the Site Plan, Pages L-1, L-2, or L-3. Any change in species must
be approved in writing by the Planning Board.
31.A natural, vegetated buffer, hereinafter referred to as the "Natural Buffer",
shall be maintained on the Property's perimeter, at the dimensions shown on
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the Site Plan, for the purpose of providing substantial visual screening and
providing natural wildlife habitat. The Natural Buffer shall be maintained to
provide a dense double row of evergreens with supplemental plantings of
native evergreens to be added where substantial visual screening does not
exist naturally, or where existing trees have died. The Natural Buffer is part of
the Open Space and specific restrictions are included below.
32.The areas on Site Plan Pages L-2 and L-3 labeled as "Seed Mix C' shall be
managed for native vegetation and wildlife habitat.
33.All planted/transplanted vegetation on the Property shall survive at least three
(3) years from the time each phase of the Project is completed, or shall be
replaced at the expense of the Project developer. After such three (3) years,
the condominium association shall be responsible for maintaining the
vegetation approved in the Site Plan.
34.With respect to irrigation on the Property:
a. overall water usage for irrigation shall not exceed an average of 25,000
gallons per day during the peak summer season -- May through October;
b. drip irrigation systems shall be used for irrigation of plantings other than
lawn areas;
c. soil moisture sensors shall be used to ensure irrigation is suspended
during times when enough rain has fallen that irrigation is not necessary;
d. irrigation shall be conducted so that it occurs in phases on alternating
days, and the entire irrigated area is not irrigated at the same time;
e. water used for irrigation shall be drawn from separate wells, a sufficient
number of such wells shall be provided to avoid a cone of depression that
lowers the water table or upconing that results in salt water intrusion that
could affect the wells of neighbors, such wells shall be situated where they
will not affect the quality or quantity of water available from the private
wells of nearby residents or the Suffolk County Water Authority; and the
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pumps for such wells shall not create noise that measures more than
50dB at the nearest residential structure; and
f. all irrigation wells shall include a meter to monitor the use of water for
irrigation, and a report of the number of gallons of water used each month
for irrigation shall be sent annually to the Planning Board.
35.Synthetic herbicides and pesticides shall not be applied on the Property
except in cases where organic methods are shown to be ineffective, and a
written statement is provided by an entomologist, plant pathologist, weed
scientist, and/or qualified landscape professional stating that chemical
treatment(s) are the only effective measure(s) for control or eradication for a
particular incident of plants or pests. This written statement, together with a
map showing the proposed location(s) of the problem area(s), must be
submitted to the Planning Board prior to the application of the herbicide(s) or
pesticide(s). All applications of herbicides or pesticides shall be made by a
New York State Department of Environmental Conservation Certified
Pesticide Applicator.
36.With respect to the use of fertilizer on the Property:
a. fertilizer shall be applied only after it has been determined to be necessary
by soil test, and only in the smallest amount necessary;
b. only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and
a minimum 50% of Water-Insoluble Nitrogen (WIN) shall be used; and
c. fertilizer shall be applied, in any application, at a maximum rate of one (1)
pound of nitrogen per 1,000 square feet of land area, and no more than
two (2) pounds of nitrogen per 1,000 square feet of land area shall be
applied in any calendar year.
37.Open Space Prohibited and Permitted Uses
The Open Space area is required to be at least 50% of the land area of the
Property, and consists of a total of 23 acres, as shown on Page OS-1 of the
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Site Plan. The restrictions on the future uses of the Open Space, including the
Natural Buffer, are as follows.
Prohibited
a. Vegetation Removal or Disturbance
The mowing, cutting, clearing, removal or disturbance of vegetation,
including trees, shrubs, and groundcover, is prohibited, except as
permitted below.
b. Structures
No buildings or other structures or improvements may be erected or
constructed, except as permitted below.
c. Excavation, grading, removal of materials and mining are prohibited,
except where necessary for permitted activities. Mineral exploitation,
and extraction by any method, surface or subsurface, is prohibited.
The removal from the site of topsoil, sand, or other materials shall not
take place. The topography shall not be changed except as approved
by the Planning Board on the Site Plan, and there is no grading or
excavation permitted in the Natural Buffer, except the minimum
amount of digging necessary to create planting holes for evergreens as
required to maintain a densely-vegetated screen.
d. Motorized vehicles
The use of motorized vehicles within the Open Space area is
prohibited, including, but not limited to, recreational vehicles, dirt bikes,
and all-terrain vehicles (ATV's), except for lawn mowers and similar
maintenance equipment.
e. Soil and Water
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Any use or activity that causes or is likely to cause soil degradation,
compaction or erosion or pollution of any surface or subsurface waters
is prohibited.
f. Dumping
The dumping or accumulation of unsightly or offensive materials,
including, but not limited to, trash, garbage, sawdust, ashes or
chemical waste, is prohibited.
g. Utilities
The creation or placement of overhead utility transmission lines and
utility poles is prohibited. Underground utilities are permitted, except in
the Natural Buffer.
h. Other Uses
The use of the Open Space for any commercial or industrial purpose is
prohibited. Other uses not permitted include paintball, shooting ranges,
swimming pools, wireless facilities or cell towers, and all uses that are
not consistent with the purposes of these covenants.
i. Development Rights
The use of the acreage of this Open Space for purposes of calculating
lot yield on any other property is prohibited. All existing development
rights, and any further development rights that may be created through
a rezoning of the Open Space, except those required to carry out the
permitted uses of and activities on the Open Space, are terminated
and extinguished and may not be used or transferred to any other
parcels.
Permitted
a. Landscape Maintenance
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(1) Areas labeled 'Natural Buffer'
(a) Clearing for the installation and maintenance of the Nature
Trail as shown on the Site Plan. The exact location of the trail
shall be adjusted during installation to avoid the removal of
trees.
(b) The only vegetation allowed to be disturbed or removed are
noxious or invasive plants and vines, but they must be hand-
pulled, hand-cut, or cut with machinery selective enough to
keep nearby native plants intact to the greatest extent
practicable. Prior written approval from the Planning Board is
required for large-scale removal of noxious or invasive
species, except that routine hand-pulling of invasive species
that does not disturb existing native plantings is permitted
without prior Planning Board approval.
(c) The Natural Buffer may be supplemented or re-planted with
native vegetation plantings according to the approved
landscape plans in the Site Plan, or according to a re-
vegetation plan with prior written consent of the Planning
Board.
(d) Dead or diseased trees that are a potential hazard to
residences or people may be removed with prior approval
from the Planning Board, and with a report from a certified
arborist that the tree is dead or diseased.
(e) Notwithstanding the foregoing, a dead or diseased tree that,
in the opinion of a certified arborist, represents an imminent
threat to structures or people may be removed without prior
Planning Board approval, and the arborist shall submit a
report of any such removal to the Planning Board within one
business day after such removal.
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(f) Any tree removed, as set forth above, shall be replaced with
a tree of a size and species listed on the Planning Board's list
of approved trees.
(2) Areas labeled `Seed Mix C' on Site Plan Pages L-2 & L-3
(a) Maintenance of these areas as natural native meadow
habitat.
(b) Mowing is permitted as follows:
i. there shall be no mowing from May through October
15 to avoid turtles and other wildlife;
ii. mowing shall not be performed more than once a year
after October 15;
iii. mowing with flail mower heads with guide bars that
ride along the ground shall be avoided;
iv. no less than seven (7) inches of stubble height shall
be retained to retain important cover for animals, and
to reduce mortality of turtles;
v. mowing shall be in a pattern from the center outward,
to avoid congregating fleeing animals into the center;
and
vi. removal of noxious or invasive plants and vines is
permitted, but they shall be hand-pulled, hand-cut, cut
with machinery selective enough to keep nearby
plants intact to the greatest extent practicable, or
treated with organic herbicides only, except as set
forth in Paragraph 35, above.
(c) Substitutions of species are permitted, with prior written
approval from the Planning Board after a finding that the
species are native and drought-tolerant.
(d) Prior written approval from the Planning Board is required for
large-scale removal of noxious or invasive species, except
that routine hand-pulling of invasive species, and selective
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application of organic herbicide or pesticide that does not
disturb existing native plantings is permitted without prior
Planning Board approval.
(3) Other areas of Open Space (not including the Natural Buffer and
areas labeled Seed Mix C):
(a) All typical landscape maintenance activities are permitted.
(b) Vegetation may be removed and replanted according to the
Site Plan with no prior approval from the Planning Board.
(c) Substitutions of species are permitted, so long as at least
50% of the plants in the non-turf areas are native species with
moderate to high drought tolerance. All trees must be
maintained as shown on the Site Plan.
b. A fence along the Property boundary, with prior Planning Board
approval required prior to installation, except for repair or replacement
in kind, which shall not require prior Planning Board approval. Clearing
for a fence line must avoid and preserve any trees of six (6) inches
diameter at breast height (dbh) or larger, and must avoid removal of
the evergreens in the Natural Buffer.
c. "Passive outdoor recreation," defined as dispersed, noncommercial,
and non-motorized recreational activities that do not rely on buildings
and have minimal impact on natural resources, is permitted. Such uses
include hiking, a nature trail as shown on the Site Plan, nature
observation, picnicking, cross-country skiing, snowshoeing, bird
watching, and enjoyment of open space.
d. Structures: a gazebo as shown on the Site Plan; solar panels as
permitted by the Town Code, and only with prior Planning Board
approval after a public hearing; and park benches and picnic tables,
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without prior approval of the Planning Board; except no structures are
permitted in the areas labeled Seed Mix C or the Natural Buffer other
than portions of the pedestrian path as shown on the Site Plan.
e. Water supply and sewage disposal systems, and stormwater detention
areas as shown on the Site Plan, are permitted; however, they shall
not be located in the Natural Buffer. Stormwater detention areas must
be designed, landscaped, and available for use as an integral part of
the Open Space area.
This "Amended Declaration of Covenants and Restrictions" supercedes
the prior "Declaration of Covenants and Restrictions." dated the 19th day of
September, 2017, that was recorded against the Property in the Office of the
Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances,
Page 554, and, upon the execution and recording of this "Amended Declaration
of Covenants and Restrictions" in the Office of the Suffolk County Clerk, the
aforesaid prior"Declaration of Covenants and Restrictions," dated the 19th day of
September, 2017, and recorded against the Property in the Office of the Suffolk
County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page
554, shall be automatically and immediately annulled, canceled, and of no further
force or effect.
The within Covenants and Restrictions shall run with the land in perpetuity
and shall be binding upon the DECLARANT, its successors and assigns, and
upon all persons or entities claiming under them, and may not be annulled,
waived, changed, modified, terminated, revoked, or amended by subsequent
owners of the Property unless and until approved by a majority-plus-one vote of
the Planning Board or its successor, following a public hearing.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be
adjudged illegal, unlawful, or invalid or be held to be unconstitutional, the same
shall not affect the validity of these covenants as a whole, or any other part or
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provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional.
The aforementioned covenants and restrictions are intended for the
benefit of and shall be enforceable by the Town by injunctive relief or by any
other remedy in equity or at law. If a Court of competent jurisdiction determines
that a violation of these covenants and restrictions has occurred, the
DECLARANT shall pay, either directly or by reimbursement to the Town, all
reasonable attorney's fees, court costs and other expenses incurred by the Town
in connection with any proceedings to enforce the provisions of the covenants
and restrictions set forth herein. The failure of the Town or any of its agencies to
Ienforce same shall not be deemed to affect the validity of this covenant nor to
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impose any liability whatsoever upon the Town or any officer or employee
thereof.
IN WITNESS WHEREOF, the DECLARANT above named has duly
executed this Amended Declaration the day and year first above written.
DECLARANT RIMOR DEVELOPMENT LLC:
By: RIMLANDS INC., Manager
By: Jeffrey Rimland, President
and
MF 2 LLC, Manager
By: Robert Morrow, Manager
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this day of September, in the year 2019204-7, before
me personally appeared Jeffrey Rimland, 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.
Notary Public
18
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK)
On this day of seote--beF, in the year 2019204.7, before
me personally appeared Robert Morrow, 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.
Notary Public
19
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