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1000-86.-4-6
WA Al Ih Nitro t ..,v�3 AMert „ 1� , i-on Aced oura r s ) MAJOR SUBDIVI � iON h=? ~ , MAR 2 61990 kfN Ha peau. Yor, _ ul w 1�S3�NDV 0 8 199 / — ,hSLs c iI t ane /' 01- BOARD OF f,5°:SSL,ftS {CA PPE _01-0 .0 4 5 / TOWF70F SDJTNhIOLD NVEN) and �r��=T1r �,�7 r ( ^ T (F'LY. MAH m' u_( '� D •J;�T. I .� d e it 310.86 aprl Jn tsl m ;_ A_r N.612110E. o, I Ed tie rm m� hr�� PECONIC . this DA 6 II n.•�u . - it F= wIu 1, m, r, I.,III . ar TOWN OF SOUTHOLD , N_Y_ accr'B cn p!uvr.uxr 4 _ . �l /` MPSOIL os 76,5510 S.F, CLAYOWNED I DEVELOPEI/ bY' i31. 3 --- ro ro 7 NRO ,612110 E. 5' NOB- SANDY I-0AM MAIN AD in551.49 GMVEL PECONI C, N.Y. i 1958, Oul 8 a N,61 21 10 Ems_ �` 2 r� j �� o,�ruvel 12' sArEQ LN 300.(66 lE' , 4O 000 5.17 e400_�y�� �� TEST HOLE _ J 50 IOD 200 300 4 3 31 7I .r�, $F� 25 250.0 ,,, l000- 8�-4- -r-ALE - 1 � I ' r nlvt � i 5.6600 W' JF711151-IEL) GRADt J 6 AMA' O l2 �• `" COMM7r1 O 4O S.F-, [ Q4'134 AC• PRI'/tWAY - "- FIL MARN 1111~1 - OUcJ� PRavosen Plae SNE-L. - -� - 3W acc, a66`Od w -O PITILESS ADAPTEC FOJNDA, PrLOP WFI L i t�r - OPEN" SPACE ni m (� 1 _ _ 1 3 _ PRE: CAST r-�-- - p P , .4-0AL 'A"�_ = Q 7.468 ACRl-S Z S.F. m lD RAQ. vAo.4S 8' DtA� ¢6 0� �, vu� 000 �N7 w FILED x(0,3 I v nae 2Ls99 't2' I __J c110 � ry � T4N. � �t33�51',. .u. . 16 i it I r-lF o .PRa P. SEPrir Q 250.0 '^) U M.O. 7,J2 �...., _,. d o L zs Azra. A55 S.F. vnc ! n � 9 F.E!!3 5.78/710`W I Tr PICAL LAYOUT O P.ml`IPf.iFvS;. �' � LL _ N i ¢ I GROUND `NATER J 6 O U SAND FILL 7 - 1"— T '1uF:=!"Lt•?•r •C _ O qj 'i' __`—_._ _ 1- -1 W. N 40,000'S•p 10 D N_ PICAL. CE55POOL q ' WELL POINT � S, (1 POOL SYSTEM) .Lj____-.- TYPICAL WELL .' 0 O S I, PROPEfZT4' IS IIJ 8UILDING -ONE A-C- P d 'N I� ', 2,SUFFOLle COUNTY rAv MAP DATA '0 40,ctx � O .� " 11 i,.� 4 D15T. 1 OOO-SECT.086-BLOCIe 4-PCL.6 - - ,•F Oq' 0 3 THE WATER SUPPL__�Y SEWE-AGDISPO(AL -- PLAN FACIIIT"I F:._F_O(L Ar_I_ LOTS ON THIS MAP WILL •F <Sp uj N F COMPLY THE STANDAfLDS ANL) !"HE 6. Z LOCKING CASTING TO GRADE REpU12EME1-Yi5 OF THE SUFFOLK. COUNTY �' a FIN19NED GIIADE - - _tfti DEPT. OF HEALTH. ,• cU r9i w° 4O t6 ; ! o cuIMNeY o � n1 7 �S.R _n tt — .i�a PROFESSIONAL LAND SURVEYOf,_. 0. PZ I TEsr NOLO+ n o f 1. NEW YORK__TP.TE LIC NO ?5626 2$0,0 t F. 4r; GREENPOP,I- — NEW Y012K i¢ 5.78°r7r0` w a s eµ Z J h O ' N ELEVATION " tf-' 9OO GAL.5EPTIC TAMC - --- - S•$3E`r• MAP, WE HE-ZESY CF.I2F U='r riAT NC w% ON ARC 9{.49 STAMP - 11-115 MAV IS LESS THAN 40,Ct00 SQ. FT. 5LA' - � 45>7 — —� IN AREA AND THAT THIS MAP WA5 TAt1. SU.O --- pFIG � MADE UY U5 PgOM A-JUAL 112VEcY rL LEskl fQ % ' v .n, z2 pp,� n¢tep ttb C.P. ) r•. t - COMPLETED AP21L271 8 ANG TNA_ ' "' • -" I ,�.,,,�.� .ONCRETE MONUMENT HAVE BEEN E6 '; APPROVED ,~ 5ET .AT POINTS SHOWN TµU5: D 0 TOWN PLANNING 'BOARD j �C9DF.G�GK VAN,TUYL,G.C. —— -- r .,. A DECLARATION OF COVENANTS AND RESTMICTIONS WMI H 6 {\� 25EG~_ �R 25 AFFECT LOT$ IN,THIS S.UBAIMISI N 14A5 BEEN FILO iH /� A. h{' LICE NO 5 - ___ t2vrC ea ,., ..- Zan - rjit- o�GEc;9^-.: _-. __ �� _. t, - - __ l - . Gf'E%NPO(1T - NEW YC12 k. uUC OLK ISIS f CQUV, Y eD,rrf bili, I'E a it T' iIa {" .. -IAPMAJ01 - SUBDIVISION P 1uriwauc �wirkLJF h0 c i � N� and ser ". ire} aa 9 m f F•LY.,MANN in .is r a7 yet .�T s 411+ Jz 7 ., } *9I�St crJ � in appraJav 0 3 + n (aT N.Fii2l10iE. ,. on,:r�niFi7 aledr ih 4m. H. rs�. 9 mn.,�u I t1 I5,61te eat',s h_ra.¢5 aoae�t .7 PE C Q hJ I C. W ccorlarcp uR Drrouisw afth,0 TO //I1 OF SOUTNC�LD , NY, d R' . � � N 4n CLAY OWNED $ DEVELOPED HY 6 FRANLC CLCNANOW ICZ , 3 rLD. N hi 61,2 25.08 slfntW taAr1 MAIN ROAD N ` :�5r51r g GFAYFL 8 PEC.ONIC, N.Y. 11956, .61° r. swneo lveL - - - Off 18 v,f , !1 ,, O " � NMFESIN 7 - s} '}' 25 TEST Hgl_E 0 50 100 200 3m 400 Z50 5,66'61b: PLANNING BOARD MEMBERS rt SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman `..;., '.` ,tih, ;. Supervisor George Ritchie Latham, Jr. Richard G. Ward " t, _:- } �Y Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 2, 1993 Henry Raynor 320 Love Lane Mattituck, New York 11952 R"': Major Subdivision 4ild Oats .nuian Neck Lane , Peconic SCTPI# 1000-36-4-6 . Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on March 1, 1993: Be it RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated April 27, 1989 subject to receipt of five ( 5) paper copies and two ( 2) mylars of same. This subdivision was approved on November' 20, 1989 and endorsed on November 20, 1989. However, as the time to file the maps has lapsed, it is necessary for the maps to be re-endorsed by the 'Chairman. Please contact this office if you have any further questions. Sincerely, Richard G. Ward 'BLS Chairman F t' Town Hall. 53095 Main Road * rt �� P.O. Box 1179 Southold. New York 11971 � TELEPHONE '��`/ (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM #1000-86-4-6 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. WHEREAS, Frank Cichanowicz, is the owner of the property known as Wild Oats located on Indian Neck Lane at Peconic; and WHEREAS, a formal application for the approval of this subdivision was submitted; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8 ) , Part 617 Title 6NYCRR, declared itself Lead Agent and issued a Negative Declaration on March 16, 1989; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on September 11, 1989 at 7:30 p.m. ; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated April 27, 1989, subject to fulfillment of the following conditions within six ( 6) months of the date of this resolution: •a 1. A draft of the Declarations of Covenants and Restrictions must be submitted to the Planning Board Office for review. Satisfactory Covenants and Restrictions must be filed with the County Clerk prior to endorsement of the map by the Chairman. 2. A draft Homeowners Association must be submitted to this office for review by the Town Attorney. An approved Homeowner's Association must be filed prior to endorsement of the map by the Chairman. 3 . A determination of the amount of money to be deposited With the Town in lieu of land for park and playground Purposes must be made by the Town Board. The park and Playground fee must be paid prior to endorsement by the Chairman. 4. Final maps must be revised to show conditions number four and number five of the Suffolk County Planning Commission report. Please submit the above mentioned items. When all items are in order, the Chairman will endorse the final maps. If you have any questions, please do not hesitate to contact this office. r-�Very truly yours, �s .tBennett O lowski` Jr. ' Chairman -` cc: Building Department Assessor' s office it PLANNING BOARD MEMBERS �{ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman eY " '` Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 21, 1990 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Wild Oats SCTM# 1000-86-4-6 Dear Mr. Raynor: Enclosed please find a copy of the map date April 27, 1989 which was endorsed by the Chairman on November 20, 1990. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty ( 60) days of the date of final approval, shall become null and void. Please notify the Planning Board when the fire well has been installed and has been accepted by the Southold Fire District. As Section A106-25 (C) of the Town Code, the Planning Board must be notified at least two (2) days prior to the commencement or completion of any work on each stage or operation of the construction of improvements. Please contact this office you, you have any further questions-. Very truly yours Be nett Orlowski, Jr. , M5 Chairman Encl. cc: Victor Lessard, Principal Building Inspector Charles Watts, Assessors Office Ray Jacobs, Highway Superintendent �:5,.v:'_4.a,,..v..:�.r.._ t:,...L. : :..:ai.r..,r. - !�3.-....;_i,s. .o<:- .,... :..-. ...-,.ix,..c ..r: . .,- .7 .. :..;_` ..._. ..-.,_. - . _.. ,,..,_.�_....�. .,.v .<t..nr.. .t...r_: 2`•� t •-. . Am x n t 56 r��j�� I Sri t iY.�aa`tti.,,`'+J F r.,�'"' + i14 +.r i iJ 4 `j n r• ^' 1l1 �Pb539 { DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this day of October 1990 by FRANK CICHANOWICZ, III, residing at (no #) Lupen Drive, Cufchogue,; New York. W I -T N E S S E T "H :.i = - WHEREAS, FRANK CICHANOWICZ, III is the owner of fee simple of certain premises at Peconic, Town of Southold, County of Suffolk and State of New York, `known and designated on a certain map entitled "Wild Oats", a subdivision situate at Peconic; Town of Southold, County of Suffolk and State of New York, to be filed in the Office of the Clerk of the County of Suffolk, said premies described in Schedule "A" annexed hereto, and WHEREAS, the Southold Town Planning Board is requiring the filing of certain Covenants and Restrictions as a condition to its approval ; NOW THEREFORE, FRANK CICHANOWICZ, III declares that .the aforesaid land is held and shall be subject to the following Covenants and Restrictions: 1. No lot shall be subdivided or its lot line changed in any manner at any future date unless authorized by the Town of Southold DISTRICT Planning Board. 1000 2. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be SECTION retained on the site by adequate drainage' structures so that Q , it will not flow out onto the right-of-way of Indian Neck Lane from where it may be ea&ied into Richmond Creek. BLOCK 3. These covenants and restrictions can be modified only at the �y request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be LOT entitled to notice of such public hearing but their consent to C � � such modification shall not be require. l ' F ANK CICHANOWICZ, II STAET OF NEW YORK) 9 1990 COUNTY OF SUFFOLK)ss: On the day of October 1990, before me personally came FRANK CICHANOWICZ, III, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. 1 ToE� �ItNF�t a ry u i � a t'J•�, � t'��4��fF'�r �t:a J � �y)7�r � +M T t5tRf 4 r.S ._,lay SgF4 rt'ti�[�nt4 .ry',X� i%i: pq,K ���,���... ^L�r� TM�)'�t• t 1 t <✓ � r�r ' ,.:fix , , ,'�^. s I� i''�•..ir ;'tw�'�Si° .:^{ ���� x�Fk�'rFts .,�"a�'. k,f, ��^�t,1���.,rr�'. � �.r1;,y.v Ys,.}. ,;4x, �:.i r t •-. fi 9 -+ •fps i7*r;�. ;i�.,ar,�a�.,,�. 4 "" i,i "ci3 x g� t'u° , "'•tE N .(r.' ,� �', ,>. ,� its• ," ?;�.�,� _��.. a _;.'.p,;�lc..-d,tit.6' r; .+. ,.Y-.,.. s' >, ,r'Hr '�•s '�q:` r+ ,K.. q - ii �F.. 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Box 1179 1D Southold, New York 11971 JUDITH T.TERRY �1 TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 10, 1996: RESOLVED that the Town Board of the Town of Southold hereby releases the $10,000 Letter of Credit posted as a performance guarantee by Frank Cichanowicz III for the Wild Oats major subdivision at Peconic, whereas the firewell, for which the $10,000 performance bond was required, is no longer required by the Southold Fire District; foregoing all in accordance with the recommendation of the Southold Town Planning Board. t Judith T. Terry Southold Town Clerk December 11, 1996 DD�C 126 € r �FFO( - PLANMNG BOARD MEMBERS ��S COG Town Hall, 53095 Main Road RICHARD Ga.WARD P.O. Box 1179 Chairmn GEORGE RITCHIE LATHAM,JR. cn 2 Southold,New York 11971 BENNETT ORLOWSKI,JR. p Fax (516) 765-3136 WILLIAM J. CREMERS y ® O�� Telephone(516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD.OFFICE TOWN OF SOUTHOLD December 3, 1996 Judith T. Terry Town Clerk Southold Town Hall Southold, New York 11971 RE: Performance Guarantee for Wild Oats Subdivision, Peconic SCTM# 1000-84-4-6 Dear Mrs. Terry: The Irrevocable Letter of Credit in the amount of $10,000.00 for the above mentioned subdivision is due to expire on December 7, 1996. The Planning Board was holding the Performance Guarantee until such time that the one remaining improvement item, the installation of the firewell, was completed. On December 2, 1996, the Planning Board received notification from the Southold Fire District that a firewell was no longer required for the Wild Oats subdivision. Therefore, the Planning Board is in favor of releasing the Performance Guarantee for the subdivision. Due to the fact that neither the Planning Board nor the Town Board will be meeting prior to the expiration date, I am sending you this letter as notification that the Planning Board is recommending that the above mentioned Letter of Credit be released. Please let me know if you require any additional information. Sincerely., Meffssa Sp"' ix Planner t J yOUTH04O �UZit-L- r-- Ljz�- ��QF oisTa��� SOUTHOLD FIRE DISTRICT P.O. BOX 908, SOUTHOLD, N.Y. 11971 November 30, 1996 Southold Town Planning Board Main Road Southold,NY 11971 Gentlemen: This letter is to inform you that the Southold Fire District is not requiring a firewell for the Wild Oats Subdivision. Please feel free to contact us should you have any questions. Sincerely, a�� HA wvi V— Cynthia Caprise Fire District Secretary cc: Frank Cichanowicz, III we - 3 FA SOUMOLD TOVt'7,; Pt.FtPJi�INC BOARD OG JUIDITH T.TERRY �� �L Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 �. Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(516) 765-1823 MARRIAGE OFFICER ��f� .a0� Telephone(516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 27, 1996 Frank Cichanowicz Briarcliff Landscape Main Road Peconic, New York 11958 Dear Frank: Enclosed is a certified resolution of the Southold town Board authorizing the Town Attorney to draw upon your performance guarantee for Wild Oats major subdivision if the Letter of Credit extension is not received in this office by Noon of December 5, 1996. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Town Attorney Planning Board✓ � ry ;lye L 29 � � �s SOUTHOLD T0WN PLANNING BOARD • o��g�FFO�,�coG JUDFM T.TERRY =� ?� Town Hall, 53095 Main Road TOWN CLERK y 2 P.O. Box 1179 0-1 • Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS Fax(516)765-1823 MARRIAGE OFFICER �f0 a� Telephone(516) 765-1800 RECORDS MANAGEMENT OFFICER 1 `1► P FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 26, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to draw upon the $10,000 Letter of Credit posted as a performance guarantee by Frank Cichanowicz III for the Wild Oats major subdivision at Peconic, if the Letter of Credit extension is not received by the Town Clerk by Noon on December 5, 1996. Judith T. erry Southold Town Clerk November 27, 1996 Frank Cichanowicz, III 104 Lupen Drive Cutchogue, NY 11935 / November 25, 1996 Southold Town Planning Board Attn: Dick Ward i�iam Street - - Southold, NY 11971 RE: Wild Oats Subdivision Firewell Dear Dick, As per my conversation last week with George Berry, Southold Fire Department Commissioner, it is not necessary to install a firewell for the Wild Oats Subdivision since there is a Southold Fire Department well in front of the Pontino property adjacent to Wild Oats and a new well was also installed on Indian Neck Lane which is also within 1,000 feet of the North boundary of the Subdivision. I was also told that a letter stating that a firewell was not needed for Wild Oats was sent to the Planning Board eight or nine months ago. I am requesting that a new letter be sent to you by the Southold Fire Department Commissioner in hopes that this will resolve this ongoing problem. Sincerely, Frank Cichanowicz, III cc: Town Plannin Larry Milius/Suffolk County National Bank �� George Berry/George Conway/Southold Fire Department f NOV 2 6 L__;LAtJNING OUTHOLD TOWN BOARD Frank Cichanowicz, III 104 Lupen Drive S Cutchogue, NY 11935 765-1220 November 25, 1996 Southold Town Planning Board Attn: Dick Ward Main Street Southold, NY 11971 RE: Wild Oats Subdivision Firewell Dear Dick, As per my conversation last week with George Berry, Southold Fire Department Commissioner, it is not necessary to install a firewell for the Wild Oats Subdivision since there is a Southold Fire Department well in front of the Pontino property adjacent to Wild Oats and a new well was also installed on Indian Neck Land which is also within 1,000 feet of the North boundary of the Subdivision. I was also told that a letter stating that a firewell was not needed for Wild Oats was sent to the Planning Board eight or nine months ago. I am requesting that a new letter be sent to you by the Southold Fire Department Commissioner in hopes that this will resolve this ongoing problem. I need the Town to release the bond requirement on this property since if I do not need to install a firewell there is no reason for me to have to keep renewing a `Letter of Credit' from my bank. I would appreciate anything you can do to bring this to a resolution. Thank you. Sincerely, c Frank Cichanowicz, I cc: Melissa/Southold Town Planning Board Larry Milius/Suffolk County National Bank D - George Berry/George Conway/Southold Fire Department NOV 27 1996 HULD TOWN BOARD PLANNING BOARD MEMBERS RICHARD G.WARD QLO c�� Town Hall, 53095 Main Road Chairman �� ',L� P.O. Box 1179 o GEORGE RITCHIE LATHAM,JR. Southold,New York 11971 y � Fax(516) 765-3136 BENNETT ORLOWSKI,JR. y r� WILLIAM J. CREMERS �� Telephone(516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL November 1, 1996 . Frank Cichanowicz Briarcliff Landscape Main Rd. Peconic, NY 11958 Re: Performance Guarantee for Wild Oats Subdivision, Peconic SCTM# 1000-84-4-6 Dear Mr. Cichanowicz: The performance guarantee for the subdivision of Wild Oats (Irrevocable Letter of Credit #951207 with the Suffolk County Nation Bank) is due to expire on December 7, 1996. Since the improvements have 'not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must,-be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of November 25, 1996, there will be a resolution before the Town Board at its November 26, 1996 meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of December 5, 1996. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner cc: Judith T. Terry, Town Clerk Lawrence Milius, Sr. V.P., The Suffolk County National Bank G JUDITH T.TERRY =� y< Town Hall, 53095 Main Road TOWN CLERK y 2 P.O. Box 1179 �. Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • Fax(516) 765-1823 MARRIAGE OFFICER y4J� a0� Telephone(516) 765-1800 RECORDS MANAGEMENT OFFICER •� P FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD y November 29, 1995 Frank A. Cichanowicz III Briarcliff Landscape Main Road Peconic, New York 11958 Dear Frank Enclosed is a certified resolution of the Southold Town Board, adopted on November 28, 1995, authorizing the Town Attorney to draw upon your Letter of Credit for the Wild Oats Subdivision, Peconic, if it an extension is not received by Noon on December 6, 1995. Very truly yours, Judith T. Terry Southold Town Clerk cc: Planning Board Y1111L LWVa 3 U 1995 SOtf N-'k.'LD TOM P�APti;'T1 fG BOARD JUDITH T.TERRY Town Hall, 53095 Main Road TOWN CLERK N Z P.O. Box 1179 v. ^�REGISTRAR OF VITAL STATISTICS G • � Southold,New York 11971 MARRIAGE OFFICER - Fax(516) 765-1823 yif� aO� RECORDS MANAGEMENT OFFICER �.( `t► Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 28, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to draw upon Letter of Credit posted as a performance guarantee by Wild Oats Subdivision, Peconic, if the Letter of Credit extension is not received by Noon on December 6, 1995. Judith T. Terry Southold Town Clerk November 29, 1995 -0i.tJ� THE SUFFOLK 'COUNTY NATIONAL BANK �✓ �, 6 WEST SECOND STREET•P.O.BOX 9000'RIVERHEAD, NEW YORK 11901-9000. 516 727-2700•FAX 516 727-3210 November 22, 1995 ;i ;------�-� -- 7 Town Board Town of Southold t SOUTHOL��r �N � Southold, New York 11971 iv Ii:re-,ro 7�iab-1.r? TJEI.l.e1 (7i `�:'c:���t 120 Subdivision Map of "Wild Oats" Indian Neck lane Peconic, New York Dear Board Member: By order of Frank Cichanowicz III, and for the account of same, we hereby establish this Irrevocable Letter of Credit in your favor up to an aggregate amount of $10 , 000 . 00 U. S . Dollars ($10 , 000 . 00) available by your- drafts- at sight and accompanied by: A certified copy of the resolution of the Town Board, certified by the Town Clerk which indicates : "Frank A. Cichanowicz, III has failed to complete all of the improvements to be completed by Frank A. Cichanowicz, III with regard to a subdivision map entitled "Wild Oats" heretofore approved by the Planning Board of the Town of Southold on October 5, 1989, and as a result of said failure, there is due. and owing .an amount equal to the face moun} t. L ? _- Lln � o.L. o�� ' attiacx�.eci. dr.af .de fu: E:. �er .cerL. L_y +-L1:at -11� amount drawn :hereunder is for the sole purpose of completing those items or improvements which were -o have been completed by Frank A. Cichanowicz, III" . This Letter of Credit must be presented for payment by the beneficiary at our .counters at 6 West Second Street, Riverhead, New York 11901, not later than December 7, 1996 and all drafts drawn thereunder must be negotiated on or before that date . Each draft must state that it is "Drawn under Letter of Credit No . 951207 of The Suffolk County National Bank dated November 22 , 1995" and the amount endorsed on the Letter of Credit . THE SUFFOLK COUNTY NATIONAL BANK Frank A. Cichanowicz , III Page 2 Irrevocable Letter of Credit No . 951207 Except so far as expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for documentary Credit (1993 Revision) , International Chamber of Commerce Publication No . 500 . This Letter of Credit supersedes the previous Letter of Credit No. 941207 . ,incer y, w i cri.111 P%I I us Senior Vice President The Suffolk County National Bank o��gUFFD(�co PLANNING BOARD MEMBERS 1 Richard G. Ward, Chairman c�i� = Town Hall, 53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. ® Southold, New York 11971 Mark S. McDonald y��l �`a Fax (516)765-3136 Kenneth L. Edwards Telephone(516) 765-1938 PLANNING BOARD OFFICE - TOWN OF SOUTHOLD CERTIFIED MAIL November 1, 1995 Frank Cichanowicz Briarcliff Landscape Main Rd. Peconic, NY 11958 Re: Performance Guarantee for Wild Oats Subdivision, Peconic SCTM# 1000-86-4-6 Dear Mr. Cichanowicz: The performance guarantee for the subdivision of Wild Oats (Irrevocable Letter of Credit #921207 with the Suffolk County National Bank) is due to expire on December 7, 1995. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of November 24, 1995, there will be a resolution before the Town Board at its November 28, 1995 meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of December 6, 1995. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro i Planner cc: Judith T. Terry, Town Clerk Lawrence Milius, Sr. V.P., The Suffolk County National Bank ' MS THE SUFFOLK COUNTY NATIONAL BANK *rep' 6 WEST SECOND STREET-P.O.BOX 9000•RIVERHEAD,NEWYORK11901-9000•(516)727-2701-FAX(516)727-5798 November 28, 1994 QEGEINED NOV 2 9 1994 Town Board kKI* id Town Clerk Town of Southold Southold, New York 11971 Re: Irrevocable Letter of Credit No. 941207 Subdivision Map of "Wild Oats" Indian Neck lane NOV 3 01994 Peconic, New York Dear Board Member: PLANNINOTOG BOARS By order of Frank Cichanowicz III, and for the account of same, we hereby establish this Irrevocable Letter of Credit in your favor up to an aggregate amount of $10, 000 . 00 U.S . Dollars ($10, 000 . 00) available by your drafts at sight and accompanied by. A certified copy of the resolution of the Town Board, certified by the Town Clerk which indicates : "Frank A. Cichanowicz, III has failed to complete all of the improvements to be completed by Frank A. Cichanowicz, III with regard to a subdivision map entitled "Wild Oats" heretofore approved by the Planning Board of the Town of Southold on October 5, 1989, and as a result of said failure, there is due and owing an amount equal to' the face amount of our attached draf% . We furLiaer' certi'i"y that the amount drawn hereunder is for the sole purpose of completing those items of improvements which were to have been completed by Frank A. Cichanowicz, III" . This Letter of Credit must be presented for payment by the beneficiary at our counters at 6 West Second Street, Riverhead, New York 11901, not later than December 7, 1995 and all drafts drawn thereunder must be negotiated on or before that date. Each draft must state that it is "Drawn under Letter of Credit No. 941207 of The Suffolk County National Bank dated November 28, 1994" and the amount endorsed on the Letter of Credit . THE SUFFOLK COUNTY NATIONAL BANK Frank A. Cichanowicz, III Page 2 Irrevocable Letter of Credit No. 941207 Except so far as expressly stated herein, this Letter. of Credit is subject to the Uniform Customs, and Practice for documentary Credit (1993 Revision) , International Chamber of Commerce Publication No. 500 . ' This Letter of Credit supersedes the previous Letter of Credit No— 921207 . Sincer ly, wr f 1 u Senior Vice President " The Suffoik County National Bank i a t0H r PLANNING BOARD MEMBERS Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. fY," P. O. Box 1179 Bennett Orlowski,Jr. Southold,New York 11971 Mark S. McDonald -^ y Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE CERTIFIED MAIL TOWN OF SOUTHOLD November 1, 1994 Frank Cichanowicz Briarcliff Landscape Main Rd. Peconic, NY 11958 Re: Performance Guarantee for Wild Oats Subdivision, Peconic SCTM#: 1000-86-4-6 Dear Mr. Cichanowicz: The performance guarantee for the subdivision of Wild Oats (Irrevocable Letter of Credit # 921207 with The Suffolk County National Bank) is due to expire on December 7, 1994. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of November 28, 1994 there will be a resolution before the Town Board at it's November 29, 1994 meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of December 6, 1994. If you have any questions, please contact the Planning Board Office. Sincerely, X" Melissa Spir cc: Judith T. Terry, Town Clerk ' Lawrence Milius, Sr. V.P, The Suffolk County National Bank I t PHONE:852-2000 SUFFOLK COUNTY CLERK'S OFFICE Edward. P. Romai nP, . COUNTY CLERK .i1VF_RHEAI,. NEW YORK 11901 own of Southold Assessor own of Southold Planning Board Chief Deputy County Treasurer ' To Whom This May Concern: The Subdivision Map of : OfAis n-L' -(a Was Filed ,.- Filed Number, At-stract Number , Township .) SoutholdplliC Owner : Frank C tC'kahaWIG-z-_ Very truly yours, County Clerk Map Department { �r-fli No. 4 9 12-157:eta �cs THE SUFFOLK COUNTY NATIONAL BANK &OD Feces 6 WEST SECOND STREET•P.O.BOX 269•RIVERHEAD.NEW YORK 11901•(516)727-2701•FAX(516)727-3210 December 3, 1993 Town Board Town of Southold Southold, New York 11971 Re: Irrevocable Letter of Credit No. 921207 Slabdi vision Map of 11-ild Ocbts se Indian Neck Lane Peconic, New York i DEC VOW Dear Board Members: R� ;t_�;;�:�;Q By order of Frank Cichanowicz; III, and for the account of same, we hereby establish this Irrevocable Letter of Credit in your favor up to an aggregate amount of $10, 000. 00 U.S. Dollars ($10, 000.00) available by your drafts at sight and accompanied by: A certified copy :of the resolution of- the Town Board, certified by the Town Clerk which indicates: "Frank A. Cichanowicz, III has failed to complete all of the improvements to be completed by Frank A. Cichanowicz, III with regard to a subdivision map entitled "Wild Oats" heretofore approved by the Planning Board of the Town of Southold on October 5, 1989, and as a -result of said failure, there is due and owing an amount equal to the face amount of our attached draft. We further certify that the amount drawn hereunder is for the sole purpose of completing those items of improvements which were to have been completed by Frank A. Cichanowicz, III" . This Letter of Credit must be presented for payment by the beneficiary at our counters at 6 West Second Street, Riverhead, New York 11901, not later than December 7, 1994 . and all drafts drawn thereunder must be negotiated, on or before that date. Each draft must state that it is "Drawn- under Letter of Credit No. 931207 of The Suffolk County National Bank dated December 3, 1993" and the amount endorsed on the Letter of Credit. THE SUFFOLK COUNTY NATIONAL BANK D Frank A. Cichanowicz, III Page 2 Irrevocable Letter of Credit No. 931207 Except so far as expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for documentary Credit (1983. Revision) , International Chamber of Commerce Publication No. 400. Sincerely, s� Senior Vice President The Suffolk County National Bank p PLANNING BOARD MEMBERS °'` ' SCOTT L. HARRIS �;• - = Supervisor Richard G.Ward,Chairman George Ritchie Latham,Jr. L_� Town Hall, 53095 Main Road Bennett Orlowski,Jr. P.O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516)765- 1823 TOWN OF SOUTHOLD CERTIFIED MAIL November 2, 1993 l Frank Cichanowicz III Briarcliff Landscape Main Rd. Peconic, NY 11958 Re: Performance Guarantee for Wild Oats Subdivision Peconic., New York SCTM#: 1000-86-4-6 Dear Mr. Cichanowicz: The performance guarantee for the subdivision of Wild Oats (Irrevocable Letter of Credit# 921207 with The Suffolk County National Bank) is due to expire on December 7, 1993 . Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board' s meetings, if the extension is not received by Noon of December 6, 1993 , there will be a resolution before the Town Board at its December 7th meeting to authorize the Town to draw on the Letter of Credit. - If you have any questions, please contact me at the Planning Board office. Sincerely, Melissa Sp ro cc: Lawrence Milius, Sr. V.P. , The Suffolk County National Bank Judith T. Terry, Town Clerk Harvey Arnoff, Town Attorney TO: FILE FROM: Melissa Spiro, Planner = � RE: Major Subdivision Wild Oats Indian Neck Lane, Peconic SCTM# 1000-86-4-6 DATE: March 10, 1993 The final maps for the above mentioned subdivision were re-endorsed by Chairman Richard. G. Ward on March 8, 1993 . The Planning Board authorized the Chairman to re-endorse the final surveys on March 1, 1993 . The subdivision was approved on. November 20, 1989 and endorsed on November 20, 1.989. However, as the time to file the maps lapsed, it was necessary for the maps to be re-endorsed by the Chairman.. c�UFFO(��, �uccE- o�� OG RAYMOND L. JACOBS test's T JAMES A. RICHTER SUPERINTENDENT OF ENGINEERING HIGHWAYS �'�O1 ��0 INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD DECEMBER. 7 , 1992 BENNETT ORLOWSKI , JR. CHAIRMAN — PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: WILD OATS SUBDIVISION (MAJOR) INDIAN NECK LANE, PECONIC SCTM # 1000 - 86 - 04 - 06 Dear Mr . Orlowski : As per your request, a site inspection was made of the above referenced project. The Bond Estimate dated September 13, 1989 that was adopted for this project listed eight ( 8 ) items. All of the items; including drainage basins, asphalt pavement, street trees & seeding have been completed in a satisfactory manner except one. The fire well has not been installed. According to Mr . Frank Cichanowicz this item will be completed after the first lot is sold. If you have any questions concerning this report, please contact my office. S ' cerely amen A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways ) ,, „ �w Frank CichanowiczNP F11 e ii I - DEC 1 4 1992 COUNTY OF SUFFOLK P6 Af S C 0 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE r DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER December 9, 1992 Mr. Cichanowicz Main Road Peconic, NY 11958 RE: Proposed Subdivision of Wild Oats #86-1010, (T) Southold, (SCTM 1000-086-04-06) Dear Mr. Cichanowicz: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for January 7, 1993 at 10: 00 a.m. , in the Suffolk County Department of Health Services Conference Room, County Center, Room S-238, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Should you have any questions, please call 516-852-2100. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM:cah cc: Mr. James L. Corbin Mr. Martin Trent Ms. Susan D. Windesheim Town of Southold Planning Department Peter A. Akras, P.E. Henry Raynor, Agent Frank Dowling, Sr. Planner C 1)92 �. DE DIVISION OF ENVIRONMENTAL QUALITY COUNTY CENTER SOUQaIt1L_4 �� -3397RIVERHEAD, N.Y. 1 1901 „.. LE'wL''" _ 852-2100 �,�,�'•_""""' '.-. ' t o��FFOIK��G M s JUDITH T. TERRY = z Town Hall, 53095 Main Road TOWN CLERK p ►T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS i Southold, New York 11971 MARRIAGE OFFICER Q O� Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS. ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 8, 1992: RESOLVED that the Town Board of the Town of Southold hereby accepts the $10,000.00 Irrevocable Letter of Credit for the subdivision of "Wild Oats", which bond is a reduction and replacement of the $35,000.00 Letter of Credit which expired on December 7, 1992, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. �L1 1992TI110LD TOWN NING BOARD Judith T. Terry Southold Town Clerk December 9, 1992 80AID Fick i Ms THE SUFFOLK COUNTY NATIONAL BANK -�- O 6 WEST SECOND STREET•P.O.BOX 269•RIVERHEAD,NEW YORK 11901•(516)727-2701•FAX(516)727-3210 December 7, 1992 TOWN BOARD Town of Southold Southold, New York 11971 Re: Irrevocable Letter of Credit No. 921207 Subdivision Map of "Wild Oats" Indian Neck Lane, Peconic, New York Dear Board Members: By order of Frank. Cichanowicz, III, and for account of same, we hereby establish this Irrevocable Letter of Credit in yyour favor up to an agggregate amount of Ten Thousand and 00/100 U.S. Dollars ($10,000.00) available by your drafts at sight accomplished by: A certified copy of the resolution of the Town Board, certified by the Town Clerk which indicates: "Frank A. Cichanowicz, III has failed to complete all of the improvements to be completed by Frank A. Cichanowicz with regard to a subdivision map entitled "Wild Oats" , heretofore approved by the Planning Board of the Town of Southold on October 5, 1989, and as a result of said failure, there is due and owing an amount equal to the .face amount of our attached draft. We further certify that the amount drawn , hereunder is for the sole purpose of completing those items of improvements which were to have been completed by Frank A. Cichanowicz, III" : This Letter of Credit must be presented for payment by the beneficiary at our counters at 6 West Second Street Riverhead, New York, not later than December 7, 1993 and alb drafts drawn thereunder must be negotiated on or before that date. Each draft must state that 'it is "Drawn under Letter of Credit No.92-12.07 of The Suffolk County National Bank dated December 7, 1992" and the amount endorsed on the Letter of Credit. Except so far as otherwise expressly stated, this Letter. of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) , International Chamber of Commerce Publication No. 400. This letter dated December 7, 1992, suppercedes Letter of Credit No. 92-1007 in the amoui6f"`$3 035.00. Sincer ly, Wi z i ius Senior Vice President c: Bennett Orlowski, Planning Board DEC - 8 1992 SOUTHO O TOWN 6°L4LMlyd."y B0r10 4 PLANNING BOARD MEMBERS SCOTT L. HARRIS t Bennett Orlowski, Jr., Chairman �,J� t.4, � Supervisor George Ritchie Latham, Jr. Richard G. Ward t Town Hall; 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 3 . 1992 Lawrence Milius Suffolk County National Bank 6 West Second Street P.O. Box 269 Riverhead, New York 11901 RE: Letter of Credit No. 921007 for Wild Oats Indian Neck Lane, Peconic SCTM# 1000-86-4-6 Dear Mr. Milius: In response to your telephone conversation today with Melissa Spiro of this office., please find the following: As of this date, the items listed below have not been completed: a) Number 3 of the Bond Estimate - Bituminous Pavement Binder Course at a cost of $1600. 00 dollars. b) Number 4 of the Bond Estimate - Bituminous Pavement Wearing Course at a cost of $1000. 00 dollars. c) Number 7 of the Bond Estimate - One Firewell at a cost of $10,000.00 dollars. It is understood that you will be issuing an additional extension of the Letter of Credit which will expire on December 7, 1992 . The extension must cover all the incomplete items noted above unless same shall have been completed to the Town's satisfaction before December 7th. Page 2 Wild Oats Please contact this office if you require any additional information. Very truly yours, � Bennett Orlowski, Jr. Chairman cc: Frank Cichanowicz James Richter, Engineering Inspector Judith T. Terry, Town Clerk BOND ESTIMATE FOR WILD OATS, SUBDIVISION AT PECONIC TOWN OF SOUTHOLD; SUFFOK COUNTY, NEW YORK S.C.T.M. : 1000-86-4-6 UNIT ITEM DESCRIPTION QUANTITY PRICE AMOUNT 1• Saw Cut 320 l .f. 3.00 $ 960.00 2. Furnish and Install Leaching Basins 8' - O.D. 53 v.f. 250.00 13,250.00 3. Bituminous Pavement Binder Course - 2-1/2" Thick 16 Tons 100.00 1,600.00 4. Bituminous Pavement Wearing Course - 1-1/2" Thick 10 Tons 100.00 1,000.00 5. Topsoil & Seeding 45 s.y. 5.00 225.00 6. Street Trees 30 ea. 200.00 6,000.00 i. Fire Well Job L.S. 10,000.00 8. Maintenance & Protection Of Traffic Job L.S. 2,000.00 SUB - TOTAL = $35,035.00 6% INSPECTION FEE = 2,102 .10 TOTAL = $37,137.10 SBB NO. 87/215 V.M. D/121 Sheet 1 of 1 s� ` w PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �a ` Fay Supervisor George Ritchie Latham, Jr. Richard G. Ward ^� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 14, 1992 Frank Cichanowicz III P.O. Box 222 Main Road Peconic, New York 11958 RE: Major Subdivision Wild Oats = SCTM#1000-86-4-6 Dear Mr. Cichanowicz: Enclosed please find a copy of the October 6, 1992 resolution. by the Southold Town Board accepting a Letter of Credit in 'the amount of $35,035. 00, which is a two month extension to December 7, 1992. Please contact this office if you have any questions. Very truly yours, Bennett Orlowski, r. f Chairman Encl. sugF� , - i►25 JUDITH T. TERRY Town Hall. 53095 Main Road .'' P.O. Box .1179 TOWN CLERK REGISTRAR OF VITAL STATISTICS % Southold, New York 11971 MARRIAGE OFFICER • - Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS. IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 6, 1992: RESOLVED that the Town Board of the Town of Southold hereby accepts a $35,035.00 Letter of Credit from Frank A. Cichanowicz, III for his major sub division of "Wild Oats", located at Indian Neck Lane, Peconic, which Letter of Credit is a two (2) month extension to December 7, 1992 of his current - Letter of Credit which expires on October 7, 1992, said extension all in accordance with the recommendation of the Southold Town Planning Board. ��. Judith T. Terry Southold Town Clerk October 7, 1992 JUDITH T. TERRY Town Hall, 53095 Main Road P.O. Box 1179 TOWN CLERK T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS y • � Fax 516 765-1823 MARRIAGE OFFICER O`'y� � Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 6, 1992: RESOLVED that the Town Board of the Town of Southold hereby accepts a $35,035.00 Letter of Credit from Frank A. Cichanowicz, III for his major sub division of "Wild Oats", located at Indian Neck Lane, Peconic, which Letter of Credit is a two (2) month extension to December 7, 1992 of his current Letter of Credit which expires on October 7, 1992, said extension all in accordance with the recommendation of the Southold Town Planning Board. Judith T. Terry Southold Town Clerk October 7, 1992 cU — , OCT 1 31992 t SOLiT-TOLD TO'J N .. F'Lk`IP.�^i lilt l:7 BGI�:RL'��_ CWOoD PLANNING BOARD MEMBERS ,y 't' ny SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman sj Supervisor George Ritchie Latham, Jr. ai� y Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Judith T. Terry, Town Clerk FROM: Bennett Orlowski, Jr. , Chairman RE: Irrevocable Letter of Credit No 921007 Major Subdivision of Wild Oats Indian Neck Lane, Peconic SCTM#¢ 1000-86-4-6 ,,DATE: October 6, 1992 In a letter dated September 11, 1992, the Planning Board advised the owner of the above mentioned subdivision that the current Letter of Credit was due to expire on October 7; 1992, and that if an extended Letter of Credit was not submitted, the Town would draw on the Letter of Credit. In response to this letter, the applicant submitted an extended Letter of Credit. The extended Letter of Credit is for a two month term, rather than the usual one year term, and is due to expire on December 7, 1992.. The applicant has completed some of the improvements, and will be proceeding with additional improvements prior to December 7th. He has discussed reducing the Letter of Credit with me and plans to formally request such a reduction once the additional improvements are completed. In light of this, the two month extension is acceptable to the Planning Board. THE SUFFOLK COUNTY NATIONAL BANK pis 6 WEST SECOND STREET•P.O.BOX 269•RIVERHEAD,NEW YORK 11901•(516)727-2700•FAX(516)727-3210 October 7, 1992 Planning Board Office Town of Southold P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski, Jr. , Chairman Re: Irrevocable Letter of Credit No. 921007 Subdivision Map of "Wild Oats" Indian Neck Lane, Peconic, New York Dear Ben: Note that the letter of credit (copy enclosed) will expire on December 7, 1992. The reason for the shor term is that I understand necessary improvements will be completed prior to that date. which will allow us to reduce the amount on the Letter of Credit. If this is not acceptable, please notify me. 'hcereet" , S for Vice-President LM/Jly cc: Town Board OCT - S SOUTF OLD TiT---'N PLR?1„1PdG i Ur',RD - , i THE SUFFOLK COUNTY NATIONAL BANK 6 WEST SECOND STREET•P.O.BOX 269•RIVERHEAD,NEW YORK 11901•(516)727-2700•FAX(516)727-3210 October 7, 1992 TOWN BOARD Town of Southold Southold, New York 11971 Re: Irrevocable Letter of Credit No. 921007 Subdivision Map of "Wild Oats" Indian Neck Lane, Peconic, New York Dear Board Members: By order of Frank A. Cichanowicz, III, and for account of same, we hereby establish this Irrevocable Letter of Credit in your favor up to an aggregate amount of Thirty Five Thousand Thirty Five and 00/100 U.S. Dollars ($35,035.00) available by your drafts at sight accompanied by: a A certified copy of the resolution of the Town Board, certified by the Town Clerk which indicates: "Frank A. -Cichanowicz, III has failed to complete all of the improve- ments to be completed by Frank A. Cichanowicz with regard to a subdivision map entitled "Wild Oats", heretofore approved by the Planning Board of the Town of Southold on October 5, 1989_, and as a result of said failure, there is due and owing an amount equal to the face amount of our attached draft. We further certify that the amount drawn hereunder. is for the sole purpose of completing those items of improvements which were to have been completed by Frank A. Cichanowicz, III". This Letter of Credit must be presented for payment by the beneficiary at our counters at 6 West Second Street, Riverhead, New York, not later than December. 7, 1992 and all drafts drawn thereunder must be negotiated on or before that date. Each draft must state that it is "Drawn under Letter of Credit No. 92- 1007 of The Suffolk County National Bank dated October 7, 1992" and the amount endorsed on this Letter of Credit. Except so far as otherwise expressly stated, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) , International Chamber of Commerce Publication No. 400. Sincere , us 1 Senior Vice-President ; cc: Bennett Orlowski, Planning Board OCT '" S 1992 t L ( SCUT;i0 D TCr^.'N PLAlel11l!G'Q1 0 RD ms Frank Cichanowicz III P. O. Box 222; Main Rd. Peconic, N.Y. 11958 October 1 , 1992 Mr. Bennett Orlowski , Jr. , Chmn. Planning Board Office Town Hall, 53095 Main Rd. Southold, New York 11971 Re: Performance Guarantee for Wild Oats Subdivision Peconic, New York SCTM # 1000-086-4-6 Dear Mr. Orlowski , There is presently on file with Southold Town, a Letter of Credit issued by Suffolk County . National Bank in the amount of $35, 035 .00 . Since the original letter was issued, I have completed drainage to the subdivision, roads have been cut in, street trees have been planted and the road shoulders have been seeded. Therefore, I am requesting that the original required Letter of Credit amount be reduced equal to the amount of improvements that have been completed. I appreciate your consideration to the above and await your response. Sin erely, Frank Cichanowic II cc: Lawrence Milius, Sr. V.P. , The Suffolk County National Bank VjUs WA21 pLi�flR1�,�-, • Frank Cichanowicz III P.O. Box 222; Main Road Peconic,. N.Y. 11958 September 28, 1992 Mr. Lawrence Milius. '` Senior Vice-Preside, nt Suffolk County .Natl6hal Bank 6 West Second'. St.,; P:.O. Box 2'69 Riverhead, New` York' !1901 RE: Performance Guarantee for Wild Oats Subdivision °. Peconic, New York SCTM # 10007086-4-6 Dear Mr. Milius, I .am reque.sting .,an extension of the performance guararit'es for`"the" sub'divis'ion- of Wild Oats, located in Peconic, New' York .'(SCTM # 1000-086-4-6) . In add.ition'. to 'the non-required Street Plantings and initial cuts; the le6ad- Shoulders -have also been seeded. The only- -remaining requirement is the Firewell instal:latiori, ."wrich, will be completed within the next couple months., Thank "..you;,fot. ,your consideration. Since 1 yours; ank Cichanow z FC/ad Z PLANNING BOARD MEMBERS , a SCOTT L. HARRIS Bennett Orlowski, Jr. Chairman ®, 4' R3 Supervisor George Ritchie Latham, Jr. :�� Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Certified Mail: September 11, 1992 Frank A. Cichanowicz III Briarcliff Landscape Main Road Peconic, New York 11958 Re: Performance Guarantee for Wild Oats Subdivision . Peconic, New York SCTM # 1000-086-4-6 Dear Mr. Chicanowicz: The performance guarantee for the subdivision 'of Wild Oats (Irrevocable Letter of Credit # 911007 with The Suffolk County National Bank) is due to expire on Ocotber- 7, 1992. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board' s meetings, if the extension is not received by Noon of October 6, 1992, there will be A resolution before the Town Board at its October 6th meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of October 7, 1992. If you have any questions, please contact either Valerie Scopaz, Town Planner or Matthew Kiernan, Assistant Town Attorney. Sincerely, Bennett Orlowski, Jr. . Chairman cc: Lawrence Milius, Sr. V.P.., The Suffolk County National Bank Matthew Kiernan, Assistant Town Attorney Judith T. ' Terry, Town Clerk l �asiSrF04 ;-c PLANNING BOARD MEMBERS `;. . ,•'`^ �''` SCOTT L. HARRIS ip V., �.�. Bennett Orlowski, Jr., Chairman �` Supervisor George Ritchie Latham, Jr. Richard G. Ward " Town Hall, 53095 Main Road Mark S. McDonald • P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 24, 1992 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM#1000-86-4-6 Dear Mr. Raynor: The final maps for the above mentioned subdivision were endorsed on November 20, 1990. The mylar maps were to be filed in the office of the County Clerk within sixty ( 60) days of the date of endorsement. The Board's records do not show whether the maps were filed with the County Clerk. If, indeed, the maps were filed, please supply this office with a copy of the filed map. If the maps were not filed, please indicate in writing, the reasons for this omission. Upon submission of the information requested above, the Board will make a determination as to the status of the approval. Please contact this office if you have any questions regarding the above. Very truly yours, , Bennett Orlowski Chairman �re0e / THE SUFFOLK COUNTY NATIONAL BANK 6 WEST SECOND STREET•P.O.BOX 269•RIVERHEAD,NEW YORK 11901•(516)727-2700•FAX(516)727-3210 October 7, 1991 TOWN BOARD Town of Southold Southold, New York 11971 Re: Irrevocable Letter of Credit No. 911007 Subdivision Map of "Wild Oats" Indian Neck Lane, Peconic, New York Dear Board Members: By order of Frank A. Cichanowicz, III, and for account of same, we hereby establish this Irrevocable Letter of Credit in your favor up to an aggregate amount of Thirty Five Thousand Thirty Five and 00/100 U.S. Dollars ($35,035.00) available by your drafts at sight accompanied by: A certified copy of the resolution of the Town Board, certified by the Town Clerk which indicates: "Frank A. Cichanowicz, III has failed to complete all of the improve- ments to be completed by Frank A. Cichanowicz with regard to a subdivision imap entitled "Wild Oats", heretofore approved by the Planning Board of the Town of Southold on October 5, 1989, and as a result of said failure, there is due and owing an amount equal to the face amount of our attached draft. We further certify that the amount drawn hereunder is for the sole purpose of completing those items of improvements which were to have been completed by Frank A. Cichanowicz, III". This Letter of Credit must be presented for payment by the beneficiary at our counters at 6 West Second Street, Riverhead, New York, not later than October 7, 1992 and all drafts drawn thereunder must be negotiated on or before that date. Each draft must state that it is "Drawn under Letter of Credit No. 91- 1007 of The Suffolk County National Bank dated October 7, 1991" and the amount endorsed on this Letter of Credit. Except so far as otherwise expressly stated, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) , International Chamber of Commerce Publication No. 400. Sincerel , 1 s Senior Vice-President OCT „• a f PLANNING BO RD Plat�n�nc� ^� J PL-281 100 716 Rece• $ furl Celrtif%e ao@ ^' SENDER: r-- No Insurance Coverage Provided +� I also wish tg,a the ❑NITEDSTR. Do not use for International k4ail to ' Complete items nd/or 2 for additional services. I POS LSE- �+ • Complete items 3,and 4a&b. following services (for an extra d (See Reverse) • Print your name and address on the reverse of this form so that we can fee): I Sent to _ tU return this card to you. I--rank Ctehan j > Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address 0 'y m does not permit. rA I Street and No. d • Write"Return Receipt Requested"on the mailpiece below the article number. a 1 The Return Receipt will show to whom the article was delivered and the date 2. Rao Delivery 0 P.O.,State and ZIP Code c delivered. Consult postmaster for fee. 0 P NY J05-8 3. Article Addressed to: 4a. Article Number L. Postage $ �7 a Frank Cichanowicz P 281 100 716 P�ann►nq, E 4b. Service Type I 0 _ 0 Briarcliff Landscape El Registered ❑ Insured rnl1 P 281 100 721 N Main Rd. X5 Certified ❑ COD e Peconic, NY 119 5 8 ❑ Express Mail ❑ Return Receipt for s Rece9pt fo Merchandise L, 157L p 7. Date of Delivery .�t 1 - ��IP$��Oe� '�98 a 8 6- �6 ll(3 R c� �,' No Insurance Coverage Provided z I P�S.aPsEt<•> Do riot use for Inte...aional Mail cc 5. Sig atu'a (Addre ee) 8. Addressee's Address Only if regt1sfkte�TMY (See Reverse) F. !� and fee is paid) sent to L 6: Signature (Agent) . , _ . �C � � Frank Cichanowicz Street and No. � i Main Rd. PS Form 3811, December 1991 U.S.G.P.O:;1992-307-530 DOMESTIC RETURN RECEIPT P.O.,State and ZIP Code Peconic, NY 11958 ----- ^--^-�--• -- a—r.Tzree-ivarno C Postage o Frank Cichanowicz R 283 101 344 ° E Briarcliff 4b. Service Type I Planning 0 Rt. 2 5 ❑ Registered ❑ Insured � P 8 c,5. 9 3 7 3 3 8 N � Certified ❑ COD e UJIPeconic,' NY 11958 ❑ Express Mail ❑ Return Receipt for I } CeIlfued Ma90 ReCeBp$ p Merchandise No Insurance Coverage Provided G 7. Date of.Del' 0 Do not use for ;nternational Mail a •Wi l Oat s 8 6-4-6 �/ - 3 �� UNREOSTATES (See Reverse) POSTAL SERVICE 5. Sig af�re re�ee) 8. Addressee'ps Address(Only if requested•g I� SenHo Lu /� and fee is aid) e Frank Cichanowicz r �I Street&No.Briareliff ` 6. Signature (Agent) H ¢ o Main Rd. O.,State&ZIP Code O H P.PS Form 3811, December 1991 iz U.S.G.P.0.:1992-307-530 DOMESTIC RETURN RECEIPT Peconic NY 11958 r_('t 0 �.. ' •0 3. Article Addressed to: 4a. Article Number Planning P 895 937 338 E a Frank A. Cichanowicz IIII P 281 .101 344 4b. Service Type E Briarcliff � 0 ❑ Registered ❑ Insured Main Rd. of Receopt or L1` Certified El a I , co Peconic NY 11958 rn �- afaed �MaH all r ❑ Express Mail ❑ Return�eceipt for Coverage Provided � No Insurance: e M rch ndise I t .-„n d it p — 7. Date of Deliver uuiTEO Sv D- not use or International Mail a (Wild Oats 86-4-6) y POSTAL SERVK.. (S°% Reverse) 0, Sent to I 5. igr4ic ure (Addre see) 8. Addressee's Address/(Only if requested x Frank Cichanowicz and fee is aid) / UJI ``aa`�`�'' � street and No. 6. Slgnatur (Agent) �i`� p Rt. 2 5 ! 00 I'%.0.,State and ZIP Code 'o Peconic, NY 11958 2 PS Form 3811, D ember 1991 U.S.G.P.o.:1992-307-530 DOMESTIC RETURN RECEIPT �I• � -.stage $ . 29 ZvV 0 2 1 7 f I O Certified Fee 1 . 00 t Frank Cicha iotiaicv 4b. Service Type 01 ra Special Delivery Fee E Briarcliff Landscape ❑ Registered ❑ Insured °C( 0 V Rid Deli Fee y Main Rd. UCertified ❑ COD c Restricted Deliver y I LU Pecon.'�_;, iv i ii950 ❑ Express Mail ❑ Return Receipt for I - Return Rec ne, p Merchandise ;� to who c 1 0 7. Date of Delivery 1' — Q �{r G(_ I y Retu Ipt Showing to l�ho ;� � ' �� It G`I = Da ,and Addressee's Addres4l' 1. 00 5. Signatu (Addressee) 8. Addressee's Address(Only if requested Y T AL"Postage H7 and fee is paid) �'f ®j & ees v 'r )$ 2. 29 6. -Signature ( ent) i 0 P tma It C, I M `� `fir.• )/, HPS Form 3811, December 1991 u.S.G.P.0.:1992-307-530 1 DOMESTIC RETURN RECEIPT I ILL a r .�e�o®•�•�e�ewesse®•oa000®o�oes••�•eno®••se®•eaoe•ie�amr�••�•�e�ee'e�e�•s,es•eeees•�•®,.g TOWN CLERK TOWN OF SOUTHOLD — Suffolk County, New York 516 - 765-1801 1241494 � Southold, N. Y. 1 971 19-• RECELV_ED OF._ _ Dollars S 2u �00.00 For .�`� a •,c'Lc i Judith T. Terry, -Town Clerk � a Cash Check By � �•®seeee�•®•®eae�a�•®•®•ewe®eeg•e�•eae®ee>.e®e•>D•e>_+e® • ®••s•e»•®e®e®e•s••e•®•®ees•®•� r e INFORMATION IN REGARD TO APPROVED SUBDIVISION Name of subdivision�� SCTM# 1000- Subdivision approved by Planning Board on I 21 Subdivision filed in Suffolk County Clerk's Office Zone at time of approval r Current zone - C_ Date zone verified /C)l Clustered subdivision: Yes V No Covenants and Restrictions filed for subdivision: Yes No (see below/attached for details) Building envelopes shown for individual lots: Yes No If No, set-backs for all lots within subdivision: i o c�rnrrm 2c} o S Front Rear 15 Side yard Comments: See C- 4" 5 , 3fI`-i � �7 MAJOR SUBDIVISIONt Complete application received - Application reviewed at work session INFO OK OK Applicant advised of necessary revisions - Revised submission received A OK Nro 'NF OK I .L Sketch plan approval -with conditions Lead Agency Coordination r I 13 A- S£QRA determination 30 1 6 8 q Non . Preliminary maps received Preliminary maps reviewed at work session ' INiY3.` OK revisions —, INro. OK Road profiles/drainage submitted i INro Wj OK A1 OK-revisions INro. Road profiles/drainage reviewed be Engineer INro• OK ML 3 13'8 INro. �Uy�,� Sent to County Planning Commission(AI Fr IN OK AW__ QK Review of SCPC report i Preliminary hearing K]3 8q Preliminary approval y i8/Bq -with conditions Sent to Fire Commissioner ro/r3 �8g Receipt of firewell location Notification to applicant to include on final map nri� 88 Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed ta cifTvi Filed Covenants and Restrictions received a Bond estimate submitted Bond adopted byPB 3S eaS.00 Bond adopted by TB Determination of park&playground fee 6. T_g Park&playground fee adopted by TB �lfep�a®� Open Space documents Documents reviewed by TA II INf1D. i Receipt of mylars and paper prinL-with ��a 81 89 L2 Health approval Final Public Hearing Approval of subdivision zj'39 fz> �l -d -with conditions 111-X0 19 I�n Q() Payment of bond ��(n,le z,� le a q� % —3 c l�pL to, Payment of inspection fee L r , � b 5�°35 qQ(, ZZ Payment of park&playground fee o � �'' Endorsement of subdivision w MAJOR SUBDIVISION SOUTHOLD TOWN PLANNING BOARD j APPROVAL OF SUBD?.VISION OF LAND l ` Planning Board File No. 1. Name of Owner(s) Address - -- L Name o -., f_-Suh�t; --. _ TOWN CLERK I TOWN OF SOUTHOLD NO 37579 ; ' Suffolk County, New York 516 - 765-1801 Sodithold, N. Y. 11971_ 19 ItE�, EIVED OF, /C For � y j6C6 Judi Terry, Town Clerk J \ - Cash ❑ Check By - Hearing h q, Approved Approved with conditions Recommended Corrections Additional Requirements Needed 5. Final Subdivision Plat, forms, and data submitted 6. • Report of Superintendent Of Highways Received 7. Report of Suffolk County Planning Commission 8. Approval from Suffolk County Department of Health Services 9. Public Hearing (affidavits received) 10. Approved Disapproved Approved with conditions 11. Bond in the amount of 12. Covenants and Restrictions Recorded 13. Map endorsed by Chairman 14. Map filed- with the County Clerk Other Comments MAJOR SUBDIVISION SOUTHOLD TOWN PLANNING BOARD APPROVAL OF SUBDIVISION OF LAND Planning Board File No. 1. Name of Owrrner s 'N n Address UA±I�QQAJ-321 =2. Name of Subdivider 1 I Address 3. Name of Subdivision —Wad Oai� Location Number of Acres Number of Plots 4. Preliminary Layout and Data Received Filing Fee Inspection Fee Hearing Approved Approved with conditions Recommended Corrections Additional Requirements Needed 5. Final Subdivision Plat, forms, and data submitted 6. Report of Superintendent Of Highways Received nULA `' c � 7. Report of Suffolk County Planning Commission 8. Approval from Suffolk County Department of Health Services 9. Public Hearing (affidavits received) 10. Approved - Disapproved Approved with conditions 11. Bond in the amount of 12. Covenants and Restrictions Recorded 13. Map endorsed by Chairman 14. Map filed with the County Clerk Other Comments Y /YLS i 1 i! SUBMISSION WITHOUT COVER LETTER 1, i SENDER: SUBJECT: SCTM# : COMMENTS: _.: NOV 2 g ►990 �J SUBMISSION WITHOUT COVER LETTER ' SENDER: �- SUBJECT: SCTM# : \ COMMENTS: ;,l GARY FLANN ER OL SEN COUNSELLOR AT LAW P. 0, DOX .706 • .MAIN ROAD a CUTCWOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516 734.766Ca OUR FAX NUMBER IS 516- 734-7712 November 20, 1990 RE: FAX DOCUMENTS TO:-Southold Town Planning Board- Att: Melissa } Souttho ld Town Attorney s i , -- FROM: Gary FLanner Olsen,Esq. REGARDING: Wildoats Property Owner' s Association, Inc. PLEASE BE ADVISED THAT THE WILD OAT; PROPERTY OWNER"5 ASSOC.IATION, INC. was FILED IWTH TfIE SEC. OF STATE OF N.Y. TODAY PLEASE HAVE THE MAPS SIGNED. PAGES TO FOLLOW: letter and copy of Certificate of Incorporation of Wild Oats Property Owners Association, Inc.. ! Faxed to 765. 1823 I ! t 3 GARY FLANNER OLSEN COUNSEL 4 OR AT LAW P. Q, BOX 706 • MAIN ROACH s CUTGHOGUE, LONG 15LAND, NEW YORK 11935 ¢ PHONE 516 734 7Gec FAX 516-7 34-77$2 FAXED .10 765-1823 November 20,1990 Re: Wild Oa1:s Gear Melissa: Please be advised that t-he Wild Oats Property Owners Association, Inc. Certificate of Incorporation was filed with the New York State Secretary -. of State' s Office on November 20, 1990. A copy of the Certificate is enclosed. You can verify said filing b'v calling the Secretary of State office at 518-474-6200., or XL Corporate Services attention Barbara Kinnan at 212-966-5800. Please have the maps signed. Very tr y yours, f G RY Fi,ANNE SEN GFO/m encls. Southold Town Planning Board Main Road Southold, N. Y. ALL: Melissa cc: Southold Town Attorney' s Office ,l CERTIPICATE OF INCORPORATION OF WILD OATS PROPERTY OWNERS ASSOCIATIONS, INC.' Under Section 402 of the Not-for-Profit Corporation Law The undersigned, being a natural person end at least eighteen years of age, desiring to form a not-for-profit corporation to the provisions of the Not-For- Profit Corporation Law of the State of New York, does hereby certify and set forth as follows: (1 ) The name of the corporation is: WILD OATS PROPERT161' OWNERS ASSOCIATION, INC. (2) The corporation is a corporation as defined in subparagraph (a) (5) ! of Section 102: the corporation is a Type A corporation. (3) The purpose or purposes for which this corporation is organized is as i follows, to wit: i To promote the health, safety and Welfare of the residents of Wild Oats and to own, acquire, operate and maintain open space areas, commons, streets, footways~, structures and personal properties incident thereto. To enforce any and all covenants, restrictions and agreer.ents applicable to the residents of Wild Oats. To pay taxes, io any, on the common properties and facilities. To do any other act or thing incidental to or connected Frith the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers. Nothing contained in this certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General . Business Law, Section 340 or any other antimonopoly statute of the State of New York. (4) The office of the corporation in the State of New York is to be located in the County of Suffolk. u (5) The inipial direr"ors of the corporation until the first annual meeting are as follows: Frank Cichanowicz 17.1 (no Lupen drive Brenda Cichanowicz Cutchog'ue, NY 11935 Sarah Cichanowicz no# Lupen Drive, Cutchogue, N.Y. no � Luperr Drive, Cutchogue, N. Y. (6) The duran c; o the corporation is to be perpetual . (,) the Secretary of the State is designated as agent of the corporation upon whom process against 1t is to be served. The past office address to which the Secretary of state sha?' mail a Copy of any process against the corporation served upon him is: (no P) Lupen Drive Cutchogue, New York 11935 IN WITNESS WHERCCF, this certificate has been signed this T� day of September, 1990, by the unders"gned who affirms that the statements made herein are true under the .p6nalties. of perjury. t i ran. Cpc anowica Ii (no#) Lupen Drive, C chogue, N.Y. 11935 Mf20 Vki �---- . =--- - ems, �s Iz/l5/90 To: Meliass aniro From: Henry Raynor Re: Wild Oats Sub„ Confirm our record--, indicate all elemAnts renuested by Planning Board are in place at your, office, As eXtenzion time lapses on Nov. 20th; applicant reCtuests a sign man at earliest convenience 'thank you, Sr ^ NOV 19 �.1 . 2 EIL c 9 - ... r a. .._ - _.<..,.v .•w.w.�,ax�.e.w...:}uS✓i ..ri:. .. .... ..a.V-.:..-_..F a«+T� v.=.�'. i SUBMISSION WITHOUT COVER LETTER `1 SENDER: SUBJECT: SCTM# : COMMENTS: (� NOV 1 6;11990 GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 November 9, 1990 Re: Wild Oats Subdivision Gentlemen: Enclosed please find a copy of a "No Action" letter from t New York Dept of Law in re the above subdivision for your records. Said letter is dated November 6, 1990 bearing file # NA90-016 . Very ruly yours, GARY F ' R OLSEN GFO/m Incl. Southold Town Planning Board Main Road Southold, N.Y. 11971 cc: FRank Cichanowicz IIII Henry Raynor STATE OF NEW YORK DEPARTMENT OF LAW RoaERT n 120 BROnpwnY Attorney General NEW YORK;NY 10271 P IICDERICK K. MEIILMAn (212) 3 41-214 8 Assistant Attorney General in Charge Real Estate Financing Bureau Gary Flanner Olsen; Esq. P.O. Box 706 Main Road Cutchogue, Long Island 11935 Re: Wild Oats Property Owners ' ssociation NovJCJ e 3 File No. NA 9 0- ------------------------------------- Dear '-SirNadam.- The Department ' of Law has received and reviewed your appIfca= tion for a "no-action letter". concerning a transaction involving the above premises . On the basis of the facts. and circumstances stated in your letter and supporting documentation., the, Department has determined that it will not take any enforcement action because the described transaction occurs without filing or registration pursuant to Section 352-e and Section 359-e of the General Business Law: We understand that it is your opinion as counsel that the transaction . is not subject to those regis- tration and filing requirements . . This positron is based solely upon the limited information ' supplied and representations made in your letter and supporting documen- tation. Any different set of facts ,or` c.ircumstances might result in the Department taking a different -position. In addition, this letter only expresses the Department ' s position on enforcement action which could arise from the transaction occurr,ing.-without filing or registration, and does notpurport to express any .lega.l .conclusion on this or any subse- quent transaction or offering. The issuance of •this, letter , shall not be construed to' be a waiver of or limitation on the Attorney General ' s authority to take enforcement action for violations of Article 23-A of the General Business Law or other applicable provisions of law. Very truly yours , O JACQU I NE ORRANT I A Assis a t Attorney General Amid i; �'1 S To: Meliass Spiro From: Henry Raynor Re: Wild oats Sub. Confirm our records indicate all elements requested by Planning Ward. are in place at your office. As extension time lapses on Nov. 20th; applicant requests a sign map at earliest convenience. Thank you. w 6F)L THE SU O'LK COUNTY NATIONAL BANK 6 WEST SECOND STne5l °P.Q, 130X Z69 ' R IVERHEAG, NEW YORK 11901 � (6181 727.2700 October 22, 1990 Town Board Town of Southold Southold, New York 11971 Re: Irrevocable Letter of Credit No. 901022 Subdivision Map of "wild 0at8" Indian Neak Lane, Peconic, New York Dear Board Members: By order of Frank A. O chanowicz, III, and for account of same, we hereby establish this Irrevocable Letter of Credit In your favor up to an aggregate amount of 'Thirty rive Thousand Thirty Five and 00/100 U.S. Dollars ($35,035.00) available by your drafts at sight accompanied by: A certified copy of the resolution of the 'Sown Board, certified by the Town Clerk which indicates: "Frank A. Cir_.hanowicz, TIT has failed to complete all of the improve- ments to be completed by Prank A. Cichanowicz with regard to a subdivisi.cii Mal) entitled 'wild Oats' , heretofore approved by the Planning Board of the Town of Southold on October 5, 1.989, and as a result of said failure, there is due and Owing an amount equal to the face amount of our attached draft. We further certify that the amount drawn hereunder i6 fur 4he sole purpose of completing those items of improvements which were to have been completed by F'farik A. Cicll.dr:owicz, 111". This totter of Credit must be presented for payment by the beneficiary at our counters at 6 weSt second Street, Riverhead, New Xvrk, not, later than October 22, 1991 and .all drafts drawn thereunder must be negotiated on or bsfore that date. Each draft must. state that it is "Drawn under Letter of Credit No. 90- 1022 of The Suffolk County National Bank dated October 22, 1990" and the amount endorsed on this Letter of Credit:. 5Auept su £aY as otherwise expressly atated, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) , International. `Qhafzbar`f Commerce Publication No. 400. Sinc rely, e for Vice President "' L -.: THE SUFFOLK COUNTY NATIONAL. BANK 0 WEST SECOND STREET • P.O. BOX 260 • R IVERr1EAD,NEW YORK 11901 • (5161 727.2700 FAX MACHINE COVER LETTER DATE .Oct. 2,24 1990 TIME 9.45 AM PLEASE DELIVER THE FOLLOWING TO: NAME Valerie Scopaa-Shaw PHONE (516) 765-1800 FAX (516) 765-1823 FROM NAME Lawrence Milius PHONE (515) 727-2700 rAX (516) 727-3210 MESSAOR Letter of Credit No. 901022 - Frank A. Cichanowicz, III "Wild Oats" Subdivision - $35,035.00 TOTAL NUI-IBER OF PAGES INCLUDING THIS COVER PAGE; 2 SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: � ,/ `J�) �� /A��� S CTM#: COMMENTS: tease b4e rmr� s , c 1'c u ma�s GARY FLANNER OLSEN ' `:S COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 October 11 , 1990 Re: Wild Oats - Frank Cichanowicz III w Dear Rod: Enclosed please find a conformed copy of the recorded' Covenants and Restrictions. ' Please add the recording information to the maps and deliver same to the Planning Board. Very truly yours, GAY FLANNER OLSEN GFO: lmk Enclosures Roderick Van Tuyl P. 0. Box 3 Greenport, NY 11944 cc: Southold Town Planning Board 1111ain Road Southold, NY 11971 Henry Raynor C/o Raynor-Suter Hardware Love Lane Mattituck, NY 11952 Frank Cichanowicz III (no #) Lupen Drive . Cutchogue, NY 11935 1 2 1990 PLANNING BOARD MEMBERS 4 arhM, ►�� � � SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. f�� '.",r' Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICESouthold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 9, 1990 Frank A. Cichanowitz, . III c/o Briarcliff Landscape Main Road Peconic, New York 11958 RE: Performance Guarantee for Wild Oats Peconic, New York SCTM#1000-86-4-6 Dear Mr. Cichanowicz, III: The performance guarantee (irrevocable Letter of Credit #891121) for "Wild Oats" is due to expire on November 21, 1990. With this letter, we are requesting that the guarantee be extended for another two years. The extension must be received by October 22, 1990. If an extension is not received by this date, a draft resolution to draw on the bond will be sent to the Town Board for action at their November 13 , 1990 meeting. If you have any questions, please contact the Town Attorney' s office at 765-1939. Very truly yours, Bennett Orlowski, Jr, S Chairman cc: The Suffolk County National Bank Matthew Kiernan, Assistant Town Attorney Judith T. Terry, Town Clerk PLANNING BOARD MEMBERS SCOTT L..HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward 6 � Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 3, 1990 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Wild Oats SCTM#1000-86-4-6 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, October 2, 1990. RESOLVED that the Southold Town Planning Board grant a. ninety day ( 90) extension of conditional final approval. Conditional final approval was granted on November 20, 1989, and a ninety ( 90) day extension was granted on April 30, 1990. The ninety day (90) extension will expire on November 20, 1990 unless all conditions of approval have been fulfilled. This will be the last extension the Planning Board will be granting. Please contact .this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman r s'Gf�Fi� GARY FLAN N ER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 September 27, 1990 Re: Wild Oats - Frank Cichanowitz III Gentlemen: Enclosed herewith please find a proposed set of Covenants and Restrictions in re the above matter. If you find same satisfa r please advise and I will have them recorded. Very trul ours, 1 i GARY FLAN OLSEN GFO:Imk Enclosure Southold Town Planning Board Main Road Southold, NY 11971 cc: Southold Town Attorney Main Road Southold, NY 11971 Henry Raynor C/o Raynor/Suter Hardware Love Lane aCGePA-F-cQ Mattituck, NY 11952 Frank Cichanowicz III tcl-6 o (no #) Lupen Drive Pk+ mec'sa e wl Olsen %c-e_ Cutchogue, NY 11935 0—*00 On.$3 62SEP } t.r EP 2 8 1J9, DECLA'RATION •OF COVENANTS AND RESTRICTIONS This declaration made this day of 1990 by FRANK CICHANOWICZ, III, residing "at (no #) Lupen Drive, Cutchogue, New York. W I T N E S S E T H WHEREAS, FRANK CICHANOWICZ, III is the owner of fee simple of certain premises at Peconic, Town of Southold, County of Suffolk and S Ate of New York, known and designated on a certain .map entitled "Wild Oats", a subdivision situate at Peconic, Town of Southold, County of Suffolk and State of New York, to be filed in the Office of the Clerk. of the .County of Suffolk, said premies described in Schedule "A" annexed hereto, and .WHEREAS, the Southold .Town Planning Board is requiring the filing of certain Covenants and Restrictions as a condition to its approval ; NOW THEREFORE, FRANK CICHANOWICZ, III declares that the aforesaid land is held and shall be subject to the following Covenants and .Restrictions: 1. - No lot shall be subdivided or its lot line changed in any manner at any future date unless authorized by the Town of Southold DISTRICT Planning Board. 1000 2• All stormwater runoff resulting from the development and i.mprovement-'of -thfs. subdivision or any of its lots shall be SECTION retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of Indian Neck .086 'Lane from where it may be carried into Richmond Creek. BLOCK 3. These covenants and restrictions can be. modified only at the request of the then owner of the premises with the approval of a 4 majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be LOT entitled to notice of such public hearing but their consent to such modification shall not be required. 6 FRANK CICHANOWICZ, III STAET OF NEW YORK) ss: COUNTY OF SUFFOLK) On the day of 1990, before me personally came FRANK CICHANOWICZ, III , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. tp Notary u is V SCHEDULE A w ALL that rertsin plat'® pi" or parcel of"; Igr.4, .Situate , bei st Peeonie p f'on of Southold Suftbl k and matte of Heir York j bounded , ,County.Situ of ibUoe: end described as MOMMM at a point on the veaterly side of Indian Heck rtne voheare the .rime is interStated by the northerly a:,de of land now or.Orly Geiger, which point Is els°o sharethe vesUr4 Bide of Sian Heck TAM is intere+ect+ed by the northneat+eriy side of L,.jgj .e,s nMd; '�'.CNI ztiSi : glons said 1"d Of CWIMr, Sottth 83 degrees 11, minMt.+ea 20 seoorsd t '�Y '�, .+4 ..2ti feet t* Und no" or foams-.er]�y of R. - Trm= 610' M laid r , N*rth,--2I,,d6f;re*9 '46 minute" 30 seconds We$t 1263.2G feet• to, laiA fdmr •nr�t��r of fthnken r i pE or `2brth-61: Qevfts 21 minutes 10 seconds FAnt 310.86-feet lo .iZd no* oaw,!'c r�r br aotvt �s�i� .,,. .,.. ;.+ 3 81611�.ft 'd tf t _• }}...2 ._,derma Od r izutes not 200 feet aW I Rh 61 dearova .21 vllnut4m 10 secorift s 2 .$3 feet to thdf^'Va . �rf tt Seek �rne� dT ' eA� nlon r "` i � cof lh�iea' tack Elutes South 24 egrea 00 V&vt, 3,7� fOOt tend South 11 de fie rs 42 BEGnMe]��0 ee + fit, 7 2 feet.to the point or place of 5 ,R TO: Matt Kiernan, Assistant Town Attorney FROM: Melissa Spiro, Assistant Planner '* RE: Certificate of Incorporation Major Subdivision Wild Oats SCTM* 1000-86-4-6 DATE: September 26, 1990 Enclosed please find a copy of the draft Certificate of Incorporation and the proposed By-Laws for the above mentioned subdivision for your legal review. , The Planning Board requested a Homeowner' s Association for the open space area in the subdivision. Please indicate whether the above satisfies th eme '� i � r GARY FLAN N ER O LSEN COUNSELLOR AT LAW P. 0. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 September 17, 1990 Re: Wild Oats - Subdivision Our File # 4440 Gentlemen: Enclosed please find proposed Certificate of Incorpora of Wild Oats Property Owners Associa ion an copy o pro sea y-Laws. If you find same satisfactory I will file same with a New York State Secretary of State's Office. Very truly ours, 6RY LA NE LSEN GFO: Imk Enclosure Southold Town Planning Board Main Road Southold, NY 11971 cc: Southold Town Attorney Town Hall Main Road Southold, NY 11971 i Frank Cichanowicz III 3 Lupen Drive Cutchogue, NY 11935 Henry Raynor _ ._.r._-------- c/o Raynor-Suter Hardware Y Love Lane - Mattituck, NY 11952 CERTIFICATE OF INCORPORATION OF WILD OATS PROPERTY OWNERS ASSOCIATIONS, INC. Under Section 402 of the Not-for-Profit Corporation Law The undersigned, being a natural person and at least eighteen years of age, desiring to form a not-for-profit corporation to the provisions of the Not-For- Profit Corporation Law of the State of New York, does hereby certify and set forth as follows: (1 ) The name of the corporation is: WILD OATS PROPERTY OWNERS ASSOCIATION, INC. (2) The corporation is a corporation as defined in subparagraph (a) (5) of Section 102: the corporation is a Type A corporation. (3) The purpose or purposes for which this corporation is organized is as follows, to wit: . To promote the health, safety and welfare of the residents of Wild Oats and to own, acquire, oRerate aia a_0 ooen_sRte�a._eaas, commons, streets, footways, structures and personal properties incident t'Fereto. To enforce any and all covenants, restrictions and agreements applicable to the residents of Wild Oats. To pay taxes, if any, on the common properties and facilities. To do any other act or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors. or officers. Nothing contained in this certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General Business Law, Section 340 or any other antimonopoly statute of the State of New York. (4) The office of the corporation in the State of New York is to be located in the County of Suffolk. {`;_.+i%+�, �Q. 2 (5) The initial directors of the corporation until the first annual meeting are as follows: Frank Cichanowicz III (no Lupen Drive Cutchogue, NY 11935 (6) The duration of the corporation is to be perpetual . (7) The Secretary of- the State is designated as agent of the corporation upon whom process against it is to be served. The post office address to which the Secretary ,of State shall mail a copy of any process against the corporation served upon him is: (no #) Lupen Drive Cutchogue, New York 11935 IN WITNESS WHEREOF, this certificate has been signed this day of September, 1990, by the undersigned who affirms that the statements made herein are true under the .penalties of perjury. L CERTIFICATE OF INCORPORATION OF WILD OATS- PROPERTY OWNERS ASSOCIATION, INC. Under Section 402 of the Not-For-Profit Corporation Law Filer: Frank Cichanowicz III (no #) Lupen Drive Cutchogue, NY 11935 ir BY-LAWS OF --,WILD OATS PROPERTY. OWNERS ASSOCIATION, INC A New York Not-for-Profit Corporation ARTICLE I - NAME LOCATION AND PRINCIPAL OFFICE These are the By-Laws of -Wild-O.ats .Property Owners Association, Inc. , hereinafter referred to as the "Association" . The prin.cipal office of the Association shall be in the Town of Southold, County of Suffolk, State of New York. ARTICLE II - DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to ! Wi 1 d oats Property Owners`--.,) Associations, Inc. ,. a New York Not-for-Profit, Corporation. (b) "Developer" shall mean and refer to ITI and successors and assigns if such successors and assigns lshould Zacquire his an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development-. (c) . "Declaration" shall mean and refer to the Declaration of Covenants and Restrictions, applicable to The Properties and amendments thereto, if•any, in the Office of the Clerk of the County of Suffolk, New York.-' (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, and as shown on the subdivision map of Wild Oats. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of The Properties but shall not included the Open Space Area as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article vI. (g) "Home" shall mean and refer to all units of residential housing situate upon lots on The Properties. "Owner" shall mean and refer to the record owner of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vot to which such owners are entitled. (i) "Open Space Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners- of The Properties. ( j) "Development" shall mean Map of 'Wild Oats, a ?, lot subdivision located along Indian'Neck Lane, Peconic-,- New York. ARTICLE III - PURPOSE This Association is formed to own, operate and maintain the .Open Space Areas for the benefit of the Members of the Association and to otherwise act according to the provisions of the Declaration. ARTICLE IV - APPLICABILITY All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V - USE OF FACILITIES The Open Space Areas shall be limited to the use of the Members or their families residing in their household, and the Members' guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the opton of the Member, be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the lessee may not use the Open Space Areas at the same time„ ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. The Association shall have one class of membership interest as follows: The Owner of each Lot on the Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote for each Lot in which they hold a member- ship interest. When more- than one person or entity holds such'interest in any Lot, the one vote attributalbe to such Lot shall be exercised as such persons mutually determine but with exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. ARTICLE VII - QUORUM, PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent as least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least five days' written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33-1/3 of the total authorized votes of all Members shall constitute a quorum. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be bindi ng upon all Members, unless the question is on upon which by express provisi6-ii of the Statue, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. Section 3. Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are -to be used. A notation of such proxies .shall be : made in the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statue or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directa s. At such meetings there shall be .elected by ballot of the membership a Board of Directors in accordance with the requirements of lrticle VIII of these By-Laws. The Members may also transact such other .�usiness an may properly come before the meeting. Section 8. Special Meetings. It shall be the duty of the President to call a •special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. - Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten, but not more than thirty, days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of Officers (e) Report of Committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New. business ARTICLE VIII - BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall not-..be- less than three nor more than-five. An initial Board consisting of three Directos shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve to one-year terms and until their successor have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's home. Each Director shall be at least nineteen years of age. Section 2. Cumulative Voting and Right of Developer to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to as many .votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing, the Developer shall have the right to designated three Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is sooner. Thereafter, the Developer shall have the right to designated one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any Directors in addition to the designated Directors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining Directos though less than a quorum, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by the Developer resigns, the Developer shall have the right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause' by an affirmative vote of a majority of .the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if , during his term of office, he shall cease to be a Member. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation of by these By-Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to, the following items: 1. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required to meet any additional necessary expenses. 2. To collect, use and expend the assessments. 3. To maintain the open space area, as designated on the subdivision map of Wild Oats:. . 4. To open bank accounts and borrow money on behalf of the Association and to designate the sjgn;atories to such bank accounts. 5. To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments -to each Member. Such rules and regulations may, without limiting the foregoing, included reasonable limitations on the use of the Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. ell 7. To employ workmen, contractors and supervisory personnel, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove set forth. i 8. To bring and defend actions by or against one or. more Members and pertinent to the operation of the Assocation and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of s»ch committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs to the Associaton and may have power to sign all papers which shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation.. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be presnet, or as soon thereafter as may be practicable. The annual meeting of the Board of Director shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of. the Board may be held without special notice. (c) Special Meetings of the Board may by called by the President on two days' notice to each Director either personally or by mail or, telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of a least two Directors. (d) At all meetings of the Board, a majority of the Directors shall be-,necessary and sufficient to constitute a quorum for the transaction of business, and an act of a two-thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be .otherwise specifically provided by Statue of by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other thanannouncement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be 'deemed equivalent to the giving of such notice. Attendance by a Director at any meeting- of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public account and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members. Section' 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible, for Association funds shall furnish adequate fidelity bonds. The premiums of such bonds shall be an expense of the Association. ARTICLE IX - OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board of Directors and shall be a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment maybe necessary. All officers must be either members of the Board of Directors, Members of the Association, or lessees of occupants entitled to the use of the Properties in lieu of the Member renting or premitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2. Election: The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers. The Board may- appoint such other officers and agents as it shall deem necessay who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall office for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the Board of Directors may be removed with or without cause- at any time, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active manage- ment of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duites as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the president and perform his duties whenever the President shall be absent or unable to act and shall have other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The Secretary. The Secretary and /or Assistant Secretary ' shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book,.,,to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may ' be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, euch Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it , an account of all his transactions as Treasurer and of the financial condition of the Association. L He shall keep detailed financial recors and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. S Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may by designated by the Board of Directors. ARTICLE X - NOTICES Section 1. Definitions. Whenever under the provisions of the Declaration of of these By-Laws, notice is required to be given to the Board of Directors of to any Director or Association Member, it shall not be Construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member, such address as appears on the books of the Association. ;Y Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI - AMENDMENTS TheseBy-Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixth-six and two thirds percent (66-2/3%) of the Members. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Lot. Nor shall any amendment have the effect of infringing upon the Developer's right to make membership in or use of the Association available to purchasers or lessees of the Lots of. The Properties. ARTICLE XII -_SELLING- _SELLINGr LEASING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. Any Lot may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board of its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquired title to such Lot by fore- closure or by deed in lieu of foreclosure. In such event the unpaid assesseements against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessment which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall included the Lot, the Member's interest in the Association and the Member' s interest in any Lots acquired by the Association. Section 2. Gifts, etc. Any Member may convey or transfer his Lot by gift during his lifetime or devise his Lot by will or pass the same by intestacy without restriction. ARTICLE XIII - GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. Seal. The Association seal shall have inscribed thereon the name; of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination fo Books and Records. Each Member, or their respective representatives and fiist mortgagees, shall be entitled to a reasonable examination of the books and records of- the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Associa- tion shall be available for inspeciton by any Member or first mortgagee at the principal office of the Association. Section 4. Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so required. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. Section 5. Severability. ;Should any of the Covenants, terms of provisions herein imposed by or become unenforceable -�at; law or in equity, teh remaining provisions of these By-Laws shall nevertheless, be and remain in full force and effect. i THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-laws as the first By-Laws of the Association, in accordance with 'the requirements of the Not-for-Profit Corporation Law. Dated: ' September 1990 4 �(S 320 Love Lane Mattituck, NY 11952 September 13 , 1990 Southold Town Planning Board Main Road Southold, NY 11971 RE: Wild Oats - 1000-86-4-6 Dear Sirs : We hereby request a ninety (90) day extension to complete the conditions set forth by your Board for final approval. of the above referenced subdivision. Sincerely, Henry . Rayn�r,HER:ml CC: Cichanowicz GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 September 17, 1990 Re: Wild Oats - Subdivision Our File # 4440 Gentlemen: Enclosed please find a proposed Certificate of Incorpora of Wild Oats Property Owners Association and a copy of the pro sed -Laws. If you find same satisfactory I will file same with e New pork State Secretary of State' s Office. Very truly ours, �! G'ARY LA NLSEN GFO:lmk Enclosure Southold Town Pl1.ahning Board Main Road Southold, NY 11971 cc: Southold Town Attorney Town Hall Main Road Southold, NY 11971 Frank Cichanowicz III 3 Lupen Drive Cutchogue, NY 11935 Henry Raynor c/o Raynor-Suter Hardware Love Lane , Mattituck, NY 11952 � � ' 2 0 1990 b f CERTIFICATE OF INCORPORATION OF WILD OATS PROPERTY OWNERS ASSOCIATIONS, INC Under Section 402 of the Not-for-Profit Corporation Law The undersigned, being a natural person and at least eighteen years of age, desiring to form a not-for-profit corporation to the provisions of the Not-For- Profit Corporation Law of the State of New York, does hereby certify and set forth as follows: (1 ) The name of the corporation is: WILD OATS PROPERTY OWNERS ASSOCIATION, INC. (2) The corporation is a corporation as defined in subparagraph (a) (5) of Section 102: the corporation is a Type A corporation. (,3)- The purpose or purposes for which this corporation is organized is as follows, to wit: . To promote the health, safety and welfare of the residents of Wild Oats and to' own, acquire, operate and maintain open gspace areas, commons, streets, footways, structures and personal properties incident thereto. To enforce any and all covenants, restrictions and agreements applicable to the residents of Wild Oats. To pay taxes, if any, on the common properties and% facilities. T'o do any other act or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers. Nothing contained in this certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General Business Law, Section 340 or any other antimonopoly statute of the State of New York. (4) The office of the corporation in the State of New York is to be located in the' County of Suffolk. zP 201990 .I • i (5) The initial directors of the corporation until the first annual meeting are as follows: FrankCichanowicz III (no Lupen Drive Cutchogue, NY 11935 (6) The duration of the corporation is to be perpetual . (7) The Secretary of- the State is designated as agent of the corporation upon whom process against it is to be served. The post office address to which the Secretary ,of State shall mail a copy of any process against the corporation served upon him is: (no f) Lupen Drive Cutchogue, New York 11935 IN WITNESS WHEREOF, this certificate has been signed this day of September, 1990, by the undersigned who affirms that the statements made herein are true under the .penalties of perjury. f 4 1 CERTIFICATE OF INCORPORATION OF WILD OATS- PROPERTY-OWNERS ASSOCIATION, INC. Under Section 402 of the Not-For-Profit Corporation Law Filer: Frank Cichanowicz III (no #) Lupen Drive Cutchogue, NY 11935 i BY-LAWS OF PROR.ERTY._OWNERS :ASSOCIATION; INC--", _ A New York Not-for-Profit Corporation ARTICLE I - NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Wild-Oats -.Property Owners Association, Inc. , hereinafter referred to as the "Association" , The prin.cipal office of the Association shall be in the Town of Southold, County of Suffolk, State of New York. ARTICLE II - DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to ,.Wild- Oats Prbnerty owner- Associations, Inc. ,. a New York Not-for-Profit, Corporation. (b) I "Developer" shall mean and refer to ' "Frank,richanowicz IJI and his successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development. (c) ; "Declaration" shall mean and refer to the Declaration of ,. Covenants :and Restrictions, applicable to The Properties and amendments thereto, if 'any, in the Office of the Clerk of the County of Suffolk, New York."" (d) "The Properties" shall mean and refer to all those areas of land described in and subject to 'the Declaration, and as shown on the subdivision map of Wild :Oats: . (e) '"Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of The Properties but shall not included the Open Space Area as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article vi. (g) `"Home" shall mean and refer - to all units of 'residential housing situate upon lots on The. Properties. (h:); "Owner" shall mean and refer to the record owner of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, inkcommon. or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vot to which such owners are 'entitled. (i); "Open Space Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners. of The Properties. i ( j) "Development" shall mean Map of -Wild flats, a q- lot subdivision located along '.,Indian-Neck lane, Peconic•,- New York. ARTICLE III - PURPOSE This Association is formed to own, operate and maintain the Open Space Areas for the benefit of the Members of the Association and to otherwise act according to the provisions of the Declaration. ARTICLE IV. - APPLICABILITY All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. e ARTICLE V - USE OF FACILITIES The Open Space Areas shall be limited to the use of the Members or their .families residing in their household, and the Members' guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the opton of the Member, be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member.However, both the Member and the lessee may not use the Open Space Areas at the same time. ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS Section .l. Membership. The Association shall have one class of membership interest as follows: The Owner of each Lot on the Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each e Member is entitled to one vote for ach Lot in which they hold a member- ship interest. When more than one person or entity holds such interest in any Lot, the one vote attributalbe to such Lot shall be exercised as such persons mutually determine but with exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. ARTICLE VII - QUORUM, PROXItS AND WAIVERS Section 1. Quorum. So many Members as shall represent as least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however,. such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the L meeting. At least five days' written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33-1/3 of the total authorized votes of all Members shall constitute . ,a quorum. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is on upon which by express provisi6ii of the Statue, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. Section 3. Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are --to be used. A notation of such proxies .shall be ; made in. the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted -by Statue or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of .such meetings. Section 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directa s. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business an may properly come before the meeting. re Section 8. Special Meetings. It shall be the duty of the President to call a ;:special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petifion signed by a majority of the Members. - Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating- the purpose thereof as well as the time and place where it is to be held, to each Member at least ten, but not more than thirty, days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all' �' meetings shall be as follows: (a) Roll Call (b) Proof, of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of Officers (e) Report of Committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New- business ARTICLE VIII - BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall L constitute the whole'.Board shall not_..be- less than three nor more than-five. An initial Board consisting of three Directos shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve to one-year terms and until their successor have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's- home. Each Director shall be at least nineteen years of age. Section 2. Cumulative Voting and Right of Developer. to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to as many .votes as. shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing, the Developer shall have the right to designated three Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is sooner. Thereafter, the Developer shall have the right to designated one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any Directors in addition to the-designated Directors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining; Directos though less than a quorum, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by the Developer resigns, the Developer shall have the right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an L affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if , during his term of office, he shall cease to be a Member. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors,. which may exercise all such powers of the Association and do all such lawful -acts and things as are not by Statute, Declaration, Certificate of Incorporation of by these By-Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to, the following items: 1. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required to meet any additional necessary expenses. 2: To collect, use and expend the assessments. 3. To maintain the open space area, as designated on the subdivision map of Wild. 0ats:. . . 4. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. To collect delinquent assessments by suit or otherwise, to abate .nuisances and to enjoin or seek damages from Members for violations .of the house rules or rules and regulations herein referred to. . 6. To make reasonable rules and regulations and to amend same from time to time. Such. rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered =a a copy of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, included reasonable limitations on the use of the Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. 7. To employ workmen, contractors and supervisory personnel, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove set forth. 8. To bring and defend actions by or against one or. more Members and pertinent to the operation of the Assocation and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. °(b) The Board of Directors may, by resolution or resolutions, passed by a majority. of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs to the Associaton and may have power to sign all papers which shall specifically so provide. Such committee. or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. . Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report °the same to the Board as required. Section 6. Compensation. . Directors and officers, as such, ;shall receive no compensation for their services. t Section 7. Meetings. (a) The first meeting 'of each Board newly elected by the Members shall be held immediately .upon adjournment of the meeting at which they were elected, provided a quorum shall then be presnet, or as soon thereafter as may be practicable. : The annual meeting of the Board of Director shall be held at the same place as the annual meeting of Association Members and immediately after, the adjournment of same, at which time, the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of. the Board may be held without special notice. (c) Special Meetings of the' Board may by called by the President on two , days' notice to each Director either personally or by mail or, telegram. Special meetings shall be called by the President or Secretary in a like manner and on like..notice on the Written request of a least two Directors. i (d) At all meetings of the Board, a majority of the Directors shall be-',necessary and sufficient to constitute a quorum for the transaction of business, and an act of' a two-thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statue of by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than"announcement at the meeting until a quorum shall be present. j (e) Before or at any meeting of the Board of Directors, any Directormay, in writing, waive notice of such meeting and such waiver e shall b 'deemed equivalent to the giving of such notice. Attendance by a Director at any meeting- of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public account and a statement regarding any taxable income attributable to the Members and .a notice of the holding of the annual meeting of Association members. Section 9. Fidelity Bonds`:" The' Board of Directors shall require that all officers and employees of. the Association handling or responsiblet for Association funds shall furnish adequate fidelity bonds. The premiums of such bonds shall be an expense of the Association. ARTICLE IX' - OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by. the Board of Directors and shall be a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment maybe necessary. All officers must be either members of the Board of Directors, Members of the Association, or lessees of occupants entitled. to the use of the Properties in lieu of the Member renting or premitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2. Election: The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessay who shall hold their offices for such ..terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall office for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the. Board of Directors may be removed with .or without cause-, at any time, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for _any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active manage- ment of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duites as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the president and perform his duties whenever the President shall be absent or unable to act and shall have other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The Secretary. The Secretary and /or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book,:,to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may ' be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section .8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and -to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, .euch Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it ,' an account of all his transactions as Treasurer and of the financial condition of the Association. L He shall keep detailed financial recors and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when: due, the amount paid thereon and the balance remaining unpaid. S Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may by designated by the Board of Directors. ARTICLE X - NOTICES Section 1. Definitions. Whenever under the provisions of the Declaration of of these By-Laws, notice is required to be given to the Board of Directors of to any Director or Association Member, it shall not be Construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member, such address as appears on the books of the Association. av Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI - AMENDMENTS TheseBy-Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds percent (66-2/3%) 'of the Members. No amendment, however, ' shall affect or impair the validity or priority of the Members' interests and the interests of holders of a .mortgage encumbering a Member's Lot. Nor shall any amendment have the .effect of infringing upon the Developer's right to make membership in or use of the Association available to purchasers or lessees of the Lots of. The Properties. ARTICLE XII - SELLING LEASING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. ' ' Any Lot may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board of its designee_ shall furnish a written statement. of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. ' A reasonable charge may be made by the Board for the issuance , of such statements. The provisions of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquired title to such Lot by fore- closure or by deed in lieu of foreclosure. In such event the unpaid assesseements against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee. shall be deemed waived by the Association and shall be charged to all .other members of the Association as a common expense. . Such provisions shall, however, apply to any assessment which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall included the Lot, the Member's interest in the Association and the Member's interest in any Lots acquired by the Association. Section 2. Gifts, etc. Any Member may convey or transfer his Lot by gift during his lifetime or devise his Lot by will or pass the same by intestacy without restriction. ARTICLE XIII - GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. Seal. The Association seal shall have inscribed thereon the name! of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsim'i.le thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination fo Books and Records. Each Member, or their respective representatives and frist mortgagees, shall be entitled to a reasonable examination of the books and records of- the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Associa- tion shall be available for inspeciton by any Member or first mortgagee at the principal office of the Association. Section 4. Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so .required. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws., the .Declaration shall control. Section 5. Severability. ' :Should any of the Covenants, terms of a provisions herein imposed by or become unenforceable at law or in equity, ' teh remaining provisions of these By-Laws shall nevertheless, be and remain in full force and effect. THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-laws as the first By-Laws of the Association, in accordance with 'the requirements of .the Not-for-Profit Corporation Law. Dated: �September ,= 1990 L i I i TO: Rob Berntsson, Assistant Town Attorney From: Melissa Spiro, Planning Staff Date: September 13, 1989 RE: Wild Oats SCTM# 1000-86-4-6 Enclosed please find a copy of the Covenants and Restrictions for the above mentioned subdivision for your legal review. The Planning Board has not received the Suffolk County Planning Commission report which may require additional restrictions. The Board has also requested that a Homeowners Association be filed. The agent for the applicant (Henry Raynor) has expressed that this is not necessary and that provisions for the open space have been set forth in the Covenants and Restrictions. Henry' s position stems from the fact that the form he used for the Covenants and Restrictions was that approved by the former Town Attorney, Robert Tasker. The Planning Board' s position is that a separate Homeowners Association should be filed. Please forward your comments to the Planning Office. Z me'llssa-;- V-N o P e. ex- - II �Or eA r Ca M c— t e�Tc +ti +ID co �- (''' �a y s I ns )�kA., H C�4 --r".-rc. 0.-1 ,j_s p r Y-a-,&, QA- W k i Ck- W e- 0 1 vs� 3 �0 S CL v o►,re. T"o o 4 c.-J e , 0,dAj I o S P D ° 1 s ► J, . e� +o 030 0 ve.. r DECLARATION OF COVENANTS AND RESTRICTIONS �j I� DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT WILD OATS This declaration made this day of 19 by FRANK CICHANOWICZ, III, residing at (no #) Lupen Drive, Cutchogue, New York. W I T N E S S £ T H ; WHEREAS, FRANK CICHANOWICZ, III is the owner in fee simple of certain premises at Peconic, Town, of Southold, County of Suffolk and State i of New York, known and designated on a certain map entitled "Wild Oats" ,_ a subdivision situate at Peconic, Town of Southold, County of Suffolk and �d State of New York, filed in'the Office of ttie. Clerk of the County of Suffolk e as Map Number on the day of 19 and WHEREAS, said FRANK CICHANOWICZ, III is improving- said premises i as a planned suburban residential community and contemplates the .said prem- ises to be conveyed to individual purchasers; and WHEREAS, FRANK CICHANOWICZ, III is desirous to placing certain re- ' strictions upon said premises which shall be binding upon all purchasers and i mortgagees of individual lots, their heirs, executors, administrators and l� �{ assigns or other successors in interest; jj NOW THEREFORE, FRANK CICHANNICZ, III declares that the aforesaid land is held and shall be conveyed subject to the and restrictions which shall run with the Ian ntil ter which tire they shall be aul;omatica.11y extended for successive periods of ten (10) years each unless an instrument signed by the' then owners of�a majority Oof. all of the lots agree .to change such covenants and restrictions in whole or I _ in part, shall have been recorded. C it i - 1 - SEP u8 '�9 1��l7E �• _ 1. Construction Requirements (a) Type of building No building shall be erected, altered;,.placed or permitted !, to remain other than one single family dwelling not to I� exceed two and one half (2'/2) stories in height and a private �I attached garage for not more than three (3) ,cars. (b) Accessory buildings No carport or other accessory building of any kind may be erected except: (1) an attached garage, (2) an accessory building used in conjunction with a swimming pool. (c) Swimming pool Private swimming pools may be constructed on any lot pro vided they are situate in the rear yard- only and provided ' further that no portion of any such pool or its appurtenances . shall be closer to the rear or side lot lines than thirty (30) feet. - i (d) Dwelling square footage requirements No dwelling shall be permitted on any lot unless the. ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1400 square feet. If the living area is on more than one floor, the total ' - liv.ing area on the first floor shall be not less than 1300 feet and the total living area for all floors shall not be less than 1300 square feet. (e) Approval of construction plans All plans for the contraction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by FRANK CICHANOWICZ, III, his successors or assigns, prior to the start of any construction. Such approval , which shall not be unreasonably withheld, shall be based on the judgments of FRANK CICHANOWICZ, .III as to whether the proposed structure will be consistent with, and will not I� detract from the esthetic character of the FRANK CICHANOWICZ,- III community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. (f) Building modifications All permitted accessory building and additions or other modifications thereto, and any modification of the. initial residential building, including any breezeway or other structure connecting an addition to the main dwelling; shall conform in architecture, material and color to such dwelling. Any attached addition to the initial ll residential dwelling shall not project more than five (5) feet beyond the front wail of the dwelling or structure as originally approved, provided that in no event shall such projection extend beyond the setback requirements above set forth. . f i j - 2 - CEP -,0 ;. 1 . P.4 ..__..... ._.... �_rr '�y :�� .... b 9 2. Restriction on division and use of lots 6u` No lot shall be divided and conveyed as two or more separate parcels, nor shall more than one dwelling house be located on any lot. !I fIlI 3, Residential us of lots t! No lot shall be used except for residential purposes. 4. Signs it No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot without the written consent of FRANK CI'CMANOWICZ, III, his successors or I. assigns. 5. Animals 1. No animals, livestock or poultry of any kind shall be raised, bred or !� kept on any lot, except that of dogs, cats or other household pets I� may be kept onprovided that they are not kept, bred or maintained for any commercial purposes. All- pets must be housed in the main residence only. 6. Trailers, tents and shacks No trailer, tent, shack or other such structure shall be located, erected or used on any lot temporarily or permanently. All recreational vehicles shall be garaged. 7. Annoying activities t I No noxious or offensive activity shall be carried on upon any lot, nor I shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. Trash i 1t Garbage or rubbish shall not be dumped or allowed to remain on any lot. !; All garbage to be collected must be contained in an underground, closed I� receptacle, placed inconspicously outside the dwelling for collection. !I Trash or rubbish .shall not be burned upon the premises. I 9. Clotheslines t Clotheslines and laundry poles must be located in the rear yard and so ! places and so screened so as not to be visable from the street upon which the premises front or from other adjoining property. I10. . Fences I Fences, whether fabricated or growing, shall not exceed four (4) feet 'I in height. Approval must 'be. secured from-FRANK CICNANOWICZ, III his successors or assigns, as to type and placement before installation !� of any fence is made. { it t ii I; II - - � 3 JEP 08 89 lC•0J 11. Boats and boat trailers No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage, 12.' Grading The elevationor grade of a Lot shall not be changed so as. to materially affect the surface or grade of the surrounding lots. 13. Open Space FRANK CICHANOWI.CZ,, III has set aside, as indicated on the subdivision mop, open space for.the use of the owners of lots and their guests and invitees. (a) Use of open space All owners of lots are hereby granted the right to use the open space area, in common with others, at their own risk, pursuant to reasana r romul g ated by wne s �u�ccee_d_ina _to the rights of FRANK CICHANOWICZ, III. 0 l0 (b) Upkeep of open space area . `( Each lot owner shall be responsible for one--seventh (1/7) of the 66 of the real estate taxes attributable to the open space area. All decisions as to mainte 1 be �J ll o in tt e p is p uccesso in in o rt owners as ere- S�-h� L p i nafter provided. N® WAY — Te-L- , US /VO O►-S (c) Payment of contributions by lot owners ` f hile FRANK CICHANOWICZ, III holds title to the open space area, e will pay the taxes and expenses and will submit bills to the ndividual lot owners for their -respective one-seventh (1/7) ontributions. Such:'bills:.will' be paid in full to FRANK CICHANOWICZ, Iby the then present lot owners within thirty (30) days after aid bills have been mailed. (d) Maximum constribution of lot,:owners +I In no event, while FRANK CICHANOWICZ, III holds title to the open space area, shall any lot owner be required to pay a sum ij in excess of Tvro Hundred ($200.00) Dollars per. annum toward j real estate taxes for the open space area. 4 . I (e) Property owners, association II 1. For the purpose of maintaining the open space and all common } community services of every kind and nature required or desired I� within the subdivision for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed or contract � (, for any lot in such premises, agrees to and shall be a member of and be subject to the obligations and duly enacted bylaws,,,and rules of the Wild Oats Property Owners' Association, a non-Tor- profit corporation. it I I' j - 4 - SEP 08 '89 151!04 P.6 I i mf FRANK CICHANOWICZ III ma ransfer title 2. The developer., , to the ripen space area to the property owners association. If a conveyance is made to the property owners' association, then: li `i a. All costs and expenses associated with the open space area shall thereafter^ be borne entirely by the property owners' association; b. Each member of the. property owners' association shall be liable, on a per lot basis, fora share of .the costs and ex- penses of teh property owners' association; it c. Each member agrees to comply with the regulations for the use of t-bi� park and road facilities enacted by the prop- erty owners' association. A two-thirds (2/3) vote shall be '+ required for the enactment of each such regulation; I d. Upon a two-thins (2/3) vote by the members of the property _ a owners ' association, title to the open space area shall be dedicat to the Town of Southold. 3. For purposes of subdivisions 2c and 2d, each lot owner shall !� have one vote for each lot owned, whether improved or unimproved. (f) Conveyance or dedication of open space `I 1. Present intention to convey to property owners' association FRANK CICHANOWICZ, III presently intends to convey title to the open space area to a property owners' association consisting ' of the lot owners. However, when and if such conveyance shall '! be made shall rest in the sole discretion of FRANK CICHANOWICZ, 2. Reservation of right to convey to `town of Southold In lieu of conveying the open space to a property owners' association, FRANK CICHANOWICZ, III reserves the right, in his sole discretion, to convey the open space to the Town of Southold without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein. 3. Instruments required for conveyance --...— If FRANK LICHANOWICZ, III or the property owners' association decide to convey the open space and the Town of Southold requires any instruments to be -signed by any of the persons referred to -in subparagraph 2 above, such person or persons shall execute such instruments upon written request. If such executed instruments are not received within ten (10) days after the written request was. made, the lot owner, lienholder, or person with any other interest therein, hereby authorizes FRANK CICHANOWICZ, III or the property owners' association to execute the required instruments as its �! special agent. i - 5 - • II I� �f 1 (g) Utility easements An easement along the roads on said map and over any I; other area necessary is hereby expressly reserved for the erection and maintenance of poles and wires and conduits and of all proper and necessary attachments Ij for electric power and -telephone service and for the I� !� construction and maintenance of any utility easements including. cablevision:, provided, however, that said !i easements shall be over areas designated by municipal !� or public utility authorities. I� 14. Invalidation of any-one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 'i 15. Enforcement shall be by proceedings .at law or in equity broijght by FRANK CICHANOWICZ, III, his successors and assigns, or by the j owner of any lot against any person or persons violating or attempt- ing to violate any covenant or restriction, either to restrain violation or to recover damages, or both. it 16. Failure by FRANK CICHANOWICZ, III, his successors and assigns, or l N of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. Wi�a aA7S 17. All of the foregoing on ended to cover only the plots I! shown on the map of WICZ, II and are not extended to i �a any other property now or to be owne y FRANK CICHANOWICZ, 111. 1$. FRANK CICHANO'WICZ, III hereby reserves the right to alter, modify, NO terminate or annul any of these covenants in whole or in part without `l the consent of any persons. I I FRANK CICHANOWICZ, III I i ; STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 19 before me personally j came it j ! I I� - 6 - II I GARY FLAN N ER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 May 2, 1990 Re: Cichanowicz - Wild Oats Subdivision Gentlemen: Enclosed herewith please find a draft of the Coven A�and Restrictions includin g items requested by Suffolk County Planning Commission in its letter of October 5, 1989. If you find same ac ptable, please advise. Very my *ours, I/ r 4GARY FLANNE OLSEN GFO:lmk ,% Enclosures Southold Town Planning Board Main Road Southold, NY 11971 cc: / Southold Town Attorney Main Road lol� MR. Southold, NY 11971 016e,n �Orn eowyed s ct.t ,tN muS� �Q �i lQ� Cfs Q Henry Raynor 320 Love Lane Mattituck, NY 11952 Frank Cichanowicz III C�R� I'll le LAclli 4 T . c/o Briarcliff Landscape �Pory s3�6s;uy\3 04 feol'&A &«.omens. Main Road Peconic, NY 11958 I ° i 1 S1.c-12�'Ipr LE— GARY FLANNER OLSEN COUNSELLOR AT LAW P. 0. BOX 70G • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 May 2, 1990 J- —LlW� Re: Cichanowicz - Wild Oats Subdivision Gentlemen: Enclosed herewith please find a draft of the Coven is and estrictions including items requested by Suffolk County Plann' g Commiss?ion in its letter of October 5, 1989. If you find same ac ptable, please advise. Very my ours, , GFO:lmk GARY FLANN OLSEN Enclosures Southold Town Planning Board Main Road Southold, NY 11971 cc: Southold Town Attorney Main Road Southold, NY 11971 Henry Raynor 320 Love Lane Mattituck, NY 11952 Frank Cichanowicz III c/o Briarcliff Landscape '�, Main Road Peconic, NY 11958 DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this. day. of 1990 by FRANK CICHANOWICZ, III, residing at (no #) Lupen Drive, Cutchogue, New York. W ' I T N E S S E T H WHEREAS, FRANK .CICHANOWICZ, III is :the owner in fee simple .of certain premises at Peconic, Town of Southold, County of Suffolk and State of New York, known and designated on a certain map :entitled "Wild Oats", a subdivision situate: at. Peconic, Town. of Southold,' County of Suffolk and State of New York, filed in the Offi`ce.of the Clerk of the County of Suffolk : as Ma Number :. ,.on the day of , .19 and P� ' WHEREAS, the Southold Town Planning Board is requiring the filing of certain Covenants.and Restrictions as a condition to its approval ; ' NOW THEREFORE, FRANK CICHANOWICZ, ,II,I declares that the aforesaid land is held and shall be subject to the following Covenants and. Restrictions: 1. No lot shall be subdivided or its lot lines changed in .any manner at 'any future date unless authorized by the Town of Southold Planning Board.. 2— All stormwater. runoff resulting from the development and improvement of this subdivision or any of its. lots shall be retained on the site .. by adequate drainage structures so that. it will not flow out onto the right-of-way of .Indian Neck Lane from where it may be carried into Richmond Creek., 3. The following requirements ,shall be taken to insure that the "open space areas" .shown ,on. this map-remain as open space excluded... from future :development. .." a) A homeowners' association shall be formed, if one does not. already-,e,xi,st, to manage the "open space area". b) Assessment of the ."open .space area" shall be based upon this area being an open space and/or recreational area. Such an area .should be given a "zero" assessment and the assessment records prepared both for .the open space area and all the affected properties within the subdivision show that the value of the area- is ".reflected" on the tax rolls by adding the proportionate .share_ of.the ,value. of the common property: to the value ,of the remaining'properties .in the ,subdivision. c) The "open .space area". .shall not. be: subd= vi,ded' i the�.�future'or used for commercial ur oses. �. �,° � ti'°d �i'ope�n space. area" d) The homeowners association shall notl;,use as col lateral for improvements within 'ttte subdivision. . I e) These requirements- are necessary not only to protect the taxpayers of the Town of Southold but to prevent the country from having to acquire the open space area as the result of failure of the homeowners' association to.pay the taxes on. the "open space area" and put the area up for sale at .an auction of tax delinquent parcels. f) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. i I , i FRANK CICHANOWICZ, III i ;STATE OF NEW YORK) ;COUNTY OF SUFFOLK)SS: i On the day. of' 19 before me personally ;came j . y I I i I i j i i i i - 2 - . I PLANNING BOARD MEMBERS t SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman P Su ervisor �� `•,;�, ,,,:` ,`tee George Ritchie Latham, Jr. �� Richard G. Ward ' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 1, 1990 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Wild Oats SCTM# 1000-86-4-6 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 30, 1990. RESOLVED that the Southold Town Planning Board grant a ninety ( 90) day extension of conditional final approval. Conditional final approval was granted on November 20, 1989 . Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman � � _ MS A6 P. 0. Drawer A Jamesport, NY 11947 April 27, 1990 Gary F. Olsen, Esq. P. 0. Box 706 Main Road Cutchogue, NY 11935 RE : Wild Oats Subdivision Your File # 4440 1000-86-4-6) Dear Mr. Olsen: Melissa Spiro of the Southold Town Planning Board has asked that the Covenants and Restrictions prepared for the above referenced be amended to include the three items requested by the Suffolk County Planning Commission - items 1 through 3 on the enclosed letter of October 5, 1989. Thank you for your cooperation in this matter. Sincere y, Y He E. Y Ra nor, Jr. HER:Ml Enc. CC : Frank Cichanowicz Southold Town Planning Boar�/ M5 P. O. Drawer A Jamesport, NY 11947 April 23, 1990 Southold Town Planning Board Main Road Southold, NY 11971 RE: Wild Oats ( 1000-86-4-6) Dear Sirs: As conditional final approval for the above referenced expires on May 21, 1990 we hereby request an extension to complete the conditions stipulated in your November 21, 1990 resolution. Conditions 1 and 2 (Covenants and Restrictions and Home Owners Association) have been fulfilled on our part in that Gary F. Olsen, Esq. , attorney for Frank Cichanowicz submitted same to your office for review by the Town Attorney some time ago. We have not received any indication from the Town Attorney as to whether these documents are acceptable to the Town. We would appreciate your advising us as to the status of these. Condition 3 was fulfilled by the � Town Board' s acceptance of the bond and park and playground fee on December 12, 1989. Condition 4 has been fulfilled. Final maps will be submitted to the Planning Board for .sign.a.tur_e after the filing of the Covenants and Restrictions. I Sincerely, Henry rO. Raynd-r, Jr. i HER:ml CC: Frank Cichanowicz III APR I 1 � s GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD + CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 March 22, 1990 Re: Wild-Oats Subdivision Our File # 4440 Gentlemen: Please be advised that my office sent proposed Covenan and Restrictions to J. Schondebare, the then Town Attorney for review ack on S6ptember 15, 1989. Todate, I have not heard whether said co enants are/acceptable. Very tru yours, el f' GARY FLANKER: EN GFO:lmk Southold Town Planning Board Main Road Southold, NY 11971 cc: 3)a� ,q O Southold Town Attorney, 7cV& &r� Osero Harvey Arreff, Esq. Main Road � 9��'0�•�\ c� tz s as �e� S.c,P.C, Southold, NY 11971 cc: a5 tlA2�I aLvCciTe S.C,� e , Henry Raynor l re�oR� 320 Love Lane Mattituck, NY 11952 &'r sC, Su6FIC'151 GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 March 22, 1990 Re: Wild-Oats Subdivision Our File # 4440 Gentlemen: Please be advised that my office sent proposed Covenan and R str.ictions to J. Schondebare, the then Town Attorney for review ack on S ptember 15, 1989. Todate, I have not heard whether said co enants are. acceptable. Very tru yours, ,i �GARY�FLANNER. EN GFO:lmk Southold Town Planning Board Main Road Southold, NY 11971 cc: Southold Town Attorney, Harvey-.Arnoff, Esq. Main Road Southold, NY 11971 cc: Henry Raynor 320 Love Lane Mattituck, NY 11952 - _ ,I ti IAR 2 6 1990 DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT WILD OATS This declaration made this day.of ,� 19 by FRANK CICHANOWICZ, III, residing at (no ..#) .Lupen Drive, Cutchogue, New York. W I T N E` S S E T H WHEREAS, FRANK CICHANOWICZ, , III is the owner in fee simple. of certain premises at Peconic, •Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled "Wild Oats", a subdivision situate at' Peconic, Town of Southold, County• of Suffolk and State of New York, filed:. in`the Office of the Clerk of -the County 'of Suffolk as Map Number on the day of 19 ' and WHEREAS, said FRANK CICHANOWICZ, III 'is improving- said premises as a planned suburban residential community and contemplates the �said prem- . ises to be 'conveyed to individual purchasers; and WHEREAS, FRANK CICHANOWICZ, III is desirous to. placing certain re- strictions upon said premises which shall be binding upon all purchasers and mortgagees of individual. lots, •their, heirs, executors, administrators and . assigns or other successors in interest; NOW THEREFORE, FRANK .CICHANOWICZ, III declares that the aforesaid land is held and shall be conveyed subject to the following covenantsand„ restrictions which shall.;;run•with the land until after which time they shall- be' automaticall'y extended for successive periods of ten (-10) years each unless an nstrument`signed by. the then owners of ;a majority of all of the lots .agree :to. 'Change such covenants and restrictions! in whole or in part, shall have been recorded. + ! i - h z-:�- rJaAR 2 619,00 1, Construction Requirements (a) Type of building:: ; i No building-,shall be erected,• altered;::placed or permitted; to remain other than•one single-"family dwelling not to exceed two and one half. (2'%) stories in height and a private attached garage for not more than three (3) •cars. (b) Accessory buildings No carport or other accessory building of any kind may be erected except: (1) an attached garage,- (2) 'an accessory building used . in conjunction with -a- swimming pool. (c) Summing, pool' Private swimming pools maybe constructed on any lot pro- , . vided they are situate in the -rear yard-.-only -and provided 11 • further that no portion of any such pool or its appurtenances shall be closer to the.:rear..or side lot lines. than thirty (30) feet. (d) Dwelling square footage requirements No dwelling shall be permitted on any lot unless .the. ground floor. area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1400 square feet. If the• living area is on more than one floor, the total" liv.ing area .on the first floor shall be not less than 1300 feet and the total living area for all floors shall not be less than 1800 square feet. (e) Approval of construction plans All plans for'the contruction of any building and/or structure and the siting and facing upon the plot must be presented to and approved. in writing by FRANK CICHANOWICZ, III., his successors or assigns, prior to the start of any construction. Such approval ,. which shall not be unreasonably withheld, shall be based on the judgments• of FRANK CICHANOWICZ, III. as to whether the proposed structure will be consistent with, and will not detract from the esthetic• character of the, FRANK CICHANOWICZ III community, All exterior construction, painting and grading shall be completed •within one (l) year after commencement of; construction. (f) Building modifications All permitted accessory, building and additions or. other modifications thereto, and-any modification of the•:initi.al residential building, including- any breezeway or other structure connecting an addition to the main dwelling,- shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall .of the dwelling or -structure as -originally approved, provided that in no "event shall, 'such projection extend beyond the setback requirements above set forth. 2 - ''`' ;:igt 2 6 I900 1 I I I, I i 2. Restriction on- division and use of ,lots No lot shall be divided .and' conveyed as two or more..separate ,parcels, nor shall more than one dwelling house be located on any lot. 3. Residential us of lots No lot shall be used except for residential purposes. 4. Signs No sign of any kind shall be displayed to the public view on any lot except one professional sign •of .not more than one square foot without the written consent 'of FRANK CICHANOWICZ, III, his suc as cessors or signs. 5. Animals No animals, livestock or poultry of any' kind shall be raised, bred or kept on any- lot; except that of' dogs, 'cats or other household pets may be kept onprovided that they are not kept, bred or maintained for any commercial purposes.' All. residence only. pets must .be housed in the main 6. Trailers, tents and shacks i No trailer, tent, shack or other such structure shall be I ' ated, erected or used on any .lot temporarily or permanently. Ally recreational vehicles 5hdl'l be garaged. 7. Annoying activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything be -done thereon which may be or may become an annoyance or nuisance to the neighborhood. , 8. . Trash Garbage or rubbish shall 'not be dumped or,allowed to remain'i 4on any lot. All garbage to"be collected must be contained In an underground, closed receptacle, placid inconspicously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 9. Clotheslines Clotheslines and Iaundr be -lcated in places and so screened 'sp oasenotust to be visable f therear yard and so which the premises front or from other adjoining property, rget upon 10. . Fences Ii� Fences, whether fabricated or growing, shall' not; exceed four (4) feet in height. ►Nproval• must:be. secured from FRANK C.ICHANOWICZ,` III his successors or assigns, as to type and placement before of any fence is made.-, - installation } is r 6 i� i 11. Boats and boat trailers No boat or boat trailer 'in excess,of twenty (20) feet overall length shall be placed on any lot unless in a garage. 12.' Grading The elevationor grade of a' Lot shall not be .changed so as to materially affect the surface or grade of the surrounding lots., 13. Open Space FRANK CICHANOWICZ, III has set aside, as' indicated on the subdivision map, open space for the use of the owners of .lots .and their guests and invitees. (a) Use of .open space All owners•of lots are hereby granted the right to use'the- open . space area, in common with others, at their own risk, pursuant- to reasonable regulations from time to time promulgated by; FRANK CICHANOWICZ, 'III , or by an association of property owners succeeding to the rights of FRANK CICHANOWICZ, III. (b) Upkeep of open space `area Each lot owner shall be responsible for one-seventh..(1/7); of the of the real estate taxes attributable 'to the open space area. All decisions asto'maintenance of the open space area, shall be in the exclusive descretion of FRANK CICHANOWICZ, , III or his successors .in interest; an association of property owners As here- inafter provided.,' (c) Payment of contributions by lot ownersi While FRANK CICHANOWICZ, III holds title to the open space area, he will pay the taxes and expenses and will submit bills to the individual lot. owners..for:their -respective. one-seventh (1/7) contributions.- Such '.bills..will`,be paid in full to FRANK CICHANOWICZ, III by the then present lot owners within thirty (30) 'days :after said bills have been mailed.' (d) Maximum. constribution of I-6t owners In no event, while FRANK CICHANOWICZ, III holds title to the open space area, shall any lot owner be' required to pay a: sum .. . in excess of Two Hundred ($200.00) Dollars per annum toward . . real estate taxes for the open space area. (e) Property owners' association 1. For the purpose of maintaining the open space and all common . community services of every kind and nature required or desired within the subdivision for the general use and benefit ofall lot owners., each. and ..every lot owner, in accepting a deed or contract for any lot in such premises, agrees to -and shall be a member of and be subject to the obligations and duly enacted bylaws and rules of the Wild Oats Property Owners' Association', a non-for profit corporation. 4. iJ It a 2 6 1990 y ..r . li -T 2. The developer, FRANK CICHANOWICZ III; may transfer title to the open space area to the property owners' association.: If a conveyance is made to the property owners' association, then: a. All costs and expenses associated with the open space area shall thereafter. be borne entirely- by the property owners' association; b. Each member.�of the.,.property owners' association shall be liable, on a per lot basis,':for 'a' share of .the costs and ex- penses of teh property owners' association; C. Each member agrees to- comply`with the regulations for the use of -the park and- road facilities enacted by the prop- erty owners' association. A two-thirds (2/3) vote shall be required for the enactment- of each such regulation; d. Upon a two-thirds ..(2/3). vote-by the members of the property owners' association, tittle to the open space area shallbe 'dedicated to the Town of Southol•d. 3. For purposes :of subdivisions 2c and 2d, each lot owner shall have•one vote for each lot owned, whether improved or unimproved. (f) Conveyance or dedication of open space I. Present intention to.convey to property owners' as FRANK CICHANOWICZ, III presently intends to convey title-to the open space area. to a property owners' association consisting of the lot owners. However, when and if such conveyance shall be made shall rest in the sole-discretion of FRANK CICHANOWICZ, III. . .. 2. Reservation of right to convey to Town of Southold' In lieu of conveying the open space to a property owners' association, FRANK CICHANOW.ICZ, III reserves the right, in his sole discretion, to convey the open space to the Town of Southold without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein. . 3. Instruments required for conveyance If FRANK CICHANOWICZ, III or the property owners' association decide to convey-the open space and the Town of Southold requires any instruments to be 'signed by any of the persons referred .to •in subparagraph 2 above, such person or persons shall execute such instruments upon- written request. If such executed instruments are not received within ten (10) days after the written request was:'made,•.the lot owner;* lienholder, or person with an other interest therein hei��ein, hereby authorize; FRANK CICHANOWICZ, III or the property owners' .association to execute .the required instruments as its special agent. 5 - 8 �- . I I i i i I . j i (g) Utility easements An easement along the roads on said map and over any other area necessary is hereby expressly reserved for the erection and maintenance of poles and wires and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utility easements including cablevision, provided, however, that said ; easements shall . be over areas designated by municipal or public utility authorities. 14. Invalidation of any one of these covenants by judgment or court order shall in no way affect any .of the other provisions which shall remain in full force and. effect. .. 15. Enforcement shall' be by proceedings at law or in equity brought by FRANK CICHANOWICZ, III, his successors and assigns, or by the owner of any lot against any person or persons violating or attempt- ing to violate any covenant or restriction, either to restrain violation or to recover damages, or both.. 16. Failure by FRANK CICHANOWICZ, III , his successors and assigns, or of any owner to enforce all of the provisions herein shall ,in no event be deemed a waiver of the right to do so thereafter. 17. All of the foregoing restrictions are intended to cover only the plots shown on the map of FRANK CICHANOWICZ, III and are not extended to any other property now or to be owned by FRANK CICHANOWICZ; III. 18. FRANK CICHANOWICZ, III hereby reserves the right to alter, modify, terminate or annul any of these covenants in whole or in part without the consent of any persons. FRANK CICHANOWICZ, III j STATE OF NEW YORK) SS: ,. COUNTY OF SUFFOLK) On the day of 19 before mepersonally came j 2 6 nn < f p'U42^N Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM #1000-86-4-6 Dear Mr. Raynor: Enclosed please find the Town Board resolution dated December 12, 1989 in regard to the above mentioned subdivision. If you have any questions, please do not hesitate to contact this office. ,---v2y truly youfs', F' •'f �� Y Bennett Orlowski, Jr. Chairman DEG 1 5 1989 P :c Town Hall, 53095 Main Road SOUTHOLD TOVv'N PLAN I, BOt��J�__ . y0 � 0� P.O. Box 1179 P� '�iy�1 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 12, 1989: RESOLVED that the Town Board of the Town of Southold hereby determines that the amount of $14,000.00 shall be deposited with the Town in lieu of land for Park and Playground purposes in the major subdivision of "Wild Oats" at Peconic, of which sum $100.00, being the appraisal cost, shall be deducted and payable. to the General Fund, and the balance deposited in the Park and Playground Trust Account. Atu-dith Terry Southold Town Clerk December 14, 1989 i LEDEC .989Town Hall, 53095 Main Road WNP.O. Box 1179 1 R-D A,m ,-- Ol ��� Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 12, 1989: RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of Credit No. 891121 , in the amount of $35,035.00, for the major subdivision of "Wild Oats", located at Peconic, all in accordance with the Town Board's resolution of October 24, 1989 approving said amount, as recommended by the Southold Town Planning Board and Sidney B. Bowne S Son, Consulting Engineers. Judith i::n TySouthold Cler December 14, 1989 I', OCT 3 01909 u 1 Town Hall, 53095 Main Road �°"' W� 0 • �� P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 24, 1989: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $35,035.00 for a bond for roads and improvements in the major subdivision of Wild Oats, located at Peconic, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 'udith T. Terry Southold Town Clerk October 27, 1989 Town Hall. 53095 Main Road P.O. Box 1179 " 4v w 'Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF`SOUTHOLD October 18 , 1989 Judith Terry Town Clerk Southold, NY 11971 RE: Wild Oats SCTM #1000-86-4-6 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board adopt the bond estimate dated September 13, 1989 and recommend to the Town Board that they accept this bond in the amount of $35,035.00. If you have any questions, please do not hesitate to contact this office. Very truly yours, I-.�'rZ I� "•+ ,i y� R� fe.44�s.'•'YFw V �BENNETT ORLOsWSNKI,JR. CHAIRMAN enc. jt Town Hall. 53095 Main Road P.O. Box 1179 $h`"�� Southold, New York 11971 -� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM 41000-86-4-6 Dear Mr. Raynor: The following actions were taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board adopt the bond estimate dated September 13 , 1989, and recommend to the. Town Board that they accept this bond in the amount of $35,035.00. .RESOLVED that the Southold Town Planning Board adopt numbers one thur five and number seven of the Suffolk County Planning Commission report dated October 5, 1989. Conditions one and two of the Suffolk County Planning Commission report must be filed as Covenants and Restrictions. Draft Covenants and Restrictions must be submitted to this office for review. Satisfactory Covenants and Restrictions must then be filed with the County Clerk. As requested previously in the Planning Board' s September 13 , 1989 correspondence, a draft Homeowners Association must be submitted to this office for review by the Town Attorney. A satisfactory Homeowners Association must then be filed prior to the endorsement of the subdivision map by the Chairman. Please note that. the Planning Board awaits a determination from the Town Board with regard to the amount of money to be deposited in lieu of land for park and playground purposes. a If you have any questions, please do not hesitate to contact this office. truly yours, a BENNETT ORLOWSKI,JR:. CHAIRMAN enc. it %..JUNTY OF SUFFOLK v®� PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING October 5, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Major Subdivision Map of Wild Oats Northwesterly corner of Indian Neck Land and Leslie's Road, Peconic, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on October 4, 1989, reviewed the proposed subdivision plat, entitled, "Major Subdivision Map of Wild Oats" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following seven conditions deemed necessary for 'good planning and land use. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of Indian Neck Lane from where it may be carried into Richmond Creek. 3. The following requirements shall be taken to insure that the "open space areas" shown on this map remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage the "open space area". VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11788 (516)360-5192 Page -2- -------------------------------------------------------------------------------- b) Assessment of the "open space area" shall be based upon this area being an open space and/or recreational area. Such an area should be given a "zero" assessment and the assessment records prepared both for the open space area and all the affected . properties within the subdivision show that the value of the area is "reflected" on the tax rolls by adding the proportionate share of the value of the common property to the value of the remaining properties in the subdivision. c) The "open space area" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the "open space area" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law) . f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the open space area as the result of failure of the homeowners' association to pay the taxes on the "open space area" and put the area up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. 4. The alignment of Indian Neck Lane in the vicinity of Lots 3 and 4 shall be improved by the use of large radius curves in place of the angular bends. This improvement will bring the alignment of the road up to modern standards and will enhance the streetscape. 5. Provision should be made at this time for the future improvement of the corner of Indian Head Lane and Leslie's Road with a short radius curve. A dedication of land within this subdivision for this purpose shall be required. The additional land that is required shall be acquired through future acquisition or dedication from adjacent owner when needed to complete project. 6. Conditions 1-3, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. Page -3- -------------------------------------------------------------------------------- 7. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerks office which affects lots in this subdivision. Very truly yours, Arthur H. Kunz Director of Planning '�•�y a c•::t7 by Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-15 CGL:mb Encl. : Map cc: W. G. Holst, County Clerk '1 SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. � Roland Anders C�� (1922-1959) Francis J.Lynch Chester C.Kelsey. ,P.E. L.S. p Philli Schlotzhauer 45 Manor Road ( Robert A.Stanton,P.E. 15 Joseph F.Stegman Robert W.Brown,L.S. Smithtown, N.Y. 11787 �' ° "° '�`,-� + William T.Styne Zabdiel A.Blackman, P.E., L.S. (516) 724-061 1 I ' Richard B.Weber Frank J.Antetomaso, P.E. ( ���� �� f SEP George A.Style, P.E. Y Jerry D.Almont,P.E. George L.Fagan,Jr.,Ph.D.,P.E. C ��jU T����y�) i Frank Capobianco,C.E. q Paul F.Stevens,P.E. PLA �� i�� F Roger L. Cocchi, P.E. Thomas R. Pynchon,L.S. September 13, 1989 Mr. Bennett Orlowski, Chairman Planning Board Town of Southold 53095 Main Road Southold, N.Y. 11971 Re: Wild Oats Subdivision at Peconic S.C.T.M. : 1000-86-4-6 (SBB No. 87215) Dear Sir: Enclosed please find a Bond Estimate for the above referenced project. If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VI NT MARICONDA VM:rp MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H SIDNEY B. BOWNE & SON -� September 13, 1989 BOND ESTIMATE FOR WILD OATS SUBDIVISION AT PECONIC TOWN OF SOUTHOLD, SUFFOK COUNTY, NEW YORK S.C.T.M. : 1000-86-4-6 UNIT ITEM DESCRIPTION QUANTITY PRICE AMOUNT 1. Saw Cut 320 l .f. 3.00 $ 960.00 2. Furnish and Install Leaching Basins 8 ' - O.D. 53 v.f. 250.00 13,250.00 3. Bituminous Pavement Binder Course - 2-1/2" Thick 16 Tons 100.00 1,600.00 4. Bituminous Pavement Wearing Course - 1-1/2" Thick 10 Tons 100.00 1,000.00 5. Topsoil & Seeding 45 s.y. 5.00 225.00 6. Street Trees 30 ea. 200.00 6,000.00 7. Fire Well Job L.S. 10,000.00 8. Maintenance & Protection Of Traffic Job L.S. 2,000.00 SUB - TOTAL = $35,035.00 6% INSPECTION FEE = 2,102 .10 TOTAL = $37,137.10 SBB NO. 87215 V.M. D/121 Sheet 1 of 1 COUNTY OF SUFFOLK r, SEp 13 1989 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ (516) 360-5207 DIRECTOR OF PLANNING September 11, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary Final X Plat Name: Major Subdivision Map of Wild Oats Location: n/wly/c Leslie Road and Indian Neck Road, Peconic, New York Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: Finalized SEQRA information The following information is required: 1. Statement that matter is a Type II Action; or a 2. Negative Declaration; or a 3. Conditional Negative Declaration; or an 4. Environmental Impact Statement (D.E.I.S. and F.E.I.S.), together with a Notice of Completion. What measures are being taken to insure that the open space areas will remain as such in perpetuity? Will the open space be utilized as farmland or will it be left undisturbed? VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 Page -2- -------------------------------------------------------------------------------- Very truly yours, Arthur H. Kunz Director of Planning 426M-1 Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-D-89-126.1 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 9 for complete referral requirements. Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 _ p. TELEPHONE (516) 7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 1989 Henry Raynor P.O. Drawer A Jamesport, New York 11947 RE: Proposed Major Subdivision of Wild Oats SCTM # 1000-86--4-6 Dear Mr. Raynor, A public hearing was held on the final maps, dated April 27 , 1989, .for the proposed major subdivision of Wild Oats. The public hearing was left open until the Planning Board has received and reviewed the following items. 1. The bond estimate. (You will be notified when the Planning Board adopts the bond estimate. ) 2. The report from the Suffolk County Planning Commission. (You will be notified when the Planning Board receives this report. ) The Planning Board also awaits the following: 1. The Town Board' s determination as to the amount of money to be deposited with the Town in lieu of land for park and playground purposes. 2 . A draft of the Homeowners Association for review by the Town Attorney. The Homeowners Association must be Filed prior to endorsement of the subdivision map by the Chairman. � J Please note that the Planning Board has received a draft of the Declaration of Covenants and Restrictions which is being reviewed by the Town Attorney. You will be notified of any necessary revisions. Please contact this office if you have any further questions. ey truly s,/� Z.41�r ett Or owski, Jr. Chairman ms _--L> COUNTY OF SUFFOLK -- c;AL rroTlcE ss: STATE OF NEW YORK 'w Notice,of Public Hear'img', NOTICE IS 'HEREBY GIVEN,that pursuant to Section Patricia Wood, being duly sworn, says that she is the 276 of the Town Law, a public Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, hearing will be held by the a public newspaper printed at Southold, in Suffolk County; Southold Town Planning Board, and that the notice of which the annexed is a printed copy, at the Town Hall, Main Road,. Sou'thold,'New York, inrs'aid has been published in said Long Island Traveler-Watchman Town on the llth:"'day of once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks September, 1989 on the question of the following: •_".,:', 7:30 p.m. Final appioval'of successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . the major subdivision of'Wild Oats; located at'the Town of Southold," County of Suffolk day of . . . . ., 19 . . and the State of New York..Suf- folk County Tax.Map Number 1000-86-4-6: . . . . . . . . . . . . . . . . . . . . . . . . . . . . The property is bordered on the North by land now`or,for- mally of'king, by land now.or formerly of Pontino,by Indian Neck. Lane, by Indian'.Neck . . . . . 3 Sworn to before me this . . . . . . . . . . . . . day of Lane; on the east by' Indian Neck Lane,on the south by In- dian Neck Lane,• by., •,Leslies I �G�G . . , 19 . . Road;by land now or formerly of Geiger,' by land now, or formerly of Koraleski; on the 1 west by land now or formerly of Koralesli; on'the northwest by land now or formerly of Kopper. Any person-desiring to-be Notary Public heard on the above matter should appear at the time and BARBARA A. SCHNEIDER place specified. NOTARY PUBLIC, State of New York Dated: August 29, 1989 No. 4806846 BY ORDER OF THE Qualified in Suffolk Coun y SOUTHOLD TOWN Commission Expires ? / 90 PLANNING BOARD BENNETT ORLOWSKI, JR. CHAIRMAN 1T 8/31/89(27) - LEGAL NOT E Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276��be" STATE OF NEW YORK) Town Law,a public hearing held by the Southold Town Planning )SS-. Board,at the Town Hall,Main Road, COUNTY OF SUFFOLK) Southold,new York in said Town on the llth day of September, 1989 on P a t r i c i a H e a n e y the question of the following: 7:30 p.m. Final approyal of the of Mattituek, In major subdivision of Wild Oats,lo- said County,being duly sworn,says that he/she Is Principal cated at the Town of Souihold,Co-- Clerk of THE.SUFFOLK TIMES, a Weekly Newspaper, ty of Suffolk and th St to f New York.Suffolk County N p published at Mattituck, In the Town of Southold, County of ber 1000-96-4-6. Suffolk and State of New York and that the Notice of which The property is bordered on the , North by_land now�r formerly of ' the annexed is a printed copy,has been regularly published in Icing, by land nr�or formerly of said Newspaper ODC@ each week for 1 weeks Pontino,by �' n Neck Lane;on the east by Indian Neck Lane; on the successively, commencing on the 31 St day of south by Indian Neck Lane, by Leslies Road,by land now or former- lyAugust of Geiger,by land now or formerly of Koraleski;on the west by land now or formerly of Koraleski;on the northwest by land now or formerly of Kopper. Any person desiring to be heard on the above matter should appear at Principal Zierk the time and place specified. Dated:August 29,1989 ///rL� U.� �li�� BY ORDER OF 1 MARY K.DEGNAN THE SOUTHOLD TOWN / PLANNING BOARD Sworn to Ofore me this 3 / NOTA PUBLIC,y No.4o4 State of BENNETT ORLOWSKI,JR. p O/ /� Suffff olk Cou nt �3.� CHAIRMAN day of 1gp� Term Expires Februar2c.l 6419-1TA31 / E" x. IJ oIS it 2r+;� iw�A Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 1989 Charles Lind Suffolk County Dept. of Planning Veterans Memorial Highway Hauppauge, New York 11788 RE: Proposed Subdivision for Wild Oats SCTM# 1000-86-4-6 Dear Mr. Lind: Enclosed please find a copy of the Negative Declaration for the above mentioned subdivision as discussed in our telephone conversation. this morning. Please contact this office if you need any additional. information. Very truly yours, MELISSA SPIR f' - 44, r �y�r��,N .";J�!'r�a�a.ai�a,.y1.q. a �7 ~ .d-•1+;y: y.'�6Z; ' 't�' � '.� 1�.hti'+ + ,. �� �y,1. � ,.4�is ♦ '•�l �nl �1:L:y�y V!i � � t� Y�T.i � '�i'l. ; �p' �..F jam' r •ut.aa<aay..�7�s ,,'• C j.•+� +.' �, al !� Y $. �'wK^��,,/ LTT �lt','���'�?�1!4'�'.'���[�ln� � f�+�T'ji'S�• •4t $ • 1 111 MPS539 DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this YA day of October 1990 by FRANK CICHANOWICZ, Ill, residing at (no #) Lupen Drive, Cutchogue, New York. W I T N E S S E T "H WHEREAS, FRANK CICHANOWICZ, III is the owner of fee simple of certain premises at Peconic, Town of Southold, County of Suffolk and State of New York, 'known and designated on a certain map entitled "Wild Oats" , a subdivision situate at Peconic, Town of Southold, County of Suffolk and State of New York, to be filed in the Office of the Clerk of the County of Suffolk, said premies described in Schedule "A" annexed hereto, and WHEREAS, the Southold Town Planning Board is requiring the filing of certain Covenants and Restrictions as a condition to its approval ; NOW THEREFORE, FRANK CICHANOWICZ, III declares that the aforesaid land is held and shall be subject to the following Covenants and Restrictions: 1. No lot shall be subdivided or its lot line changed in any manner at any future date unless authorized by the Town of Southold DISTRICT Planning Board. 1000 2. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be SECTION retained on the site by adequate drainage structures so that Q� it will not flow out onto the right-of-way of Indian Neck Lane from where it may be carried into Richmond Creek. BLOCK 3. These covenants and restrictions can be modified only at the 0(4 Cf-) request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be LOT entitled to notice of such public hearing but their consent to C)MC O such. modification shall not be require. f F K CICHANOWIC AN Z, 'III .�•�� "` / STAET OF NEW YORK) OCT � 1990 COUNTY OF SUFFOLK)ss: On the J1 4k day of October 1990, before me personally came FRANK CICHANOWICZ, III, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged 'that he executed the same. -- JUDM B.MMitfZ t«an� rfi INW%* �aryu �'0'�' I��i�,��� '' *^}!,`!��� t' SpX.tLt+��fi,S�;tl°t �� ' ����[i't''� ��.. t if 'rl� -? �a�• a7{n ► `i i4 'bky sw� mw1 6� ' T'..r"�t, #,j ! � a�y + �rtf ti..r't• ,� ,t� ! 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'f.+ Y 9. 4 T -1�•4x (' +''ter�,}:u'r: Yin.' 7;; y j! bi�C:i,Pr \�'7'YFfe\ ,:1{•• fc �. .:) w.r.a '+:l .�' .i. ,t. rf .: to JA7y.,bx'4w�J.c•a7at ^R sr.�.9 r,rQa li3Dtr av y d .5` ��,,,,,,,��tt a'` aJ�.7.T �trr �'?' ,>lidp' , x a . y,,�. •�#'+ ?aPi� �1' '�1/I hs �n ,s a�{r�• '�•�r(,�{y�} t .. _ $iC./Ne{�i^{Ft•'I'^Sr' rti+'y'�t+ h t/.�� C'tYIlC.�y�t+1'�, J � +M+ 3?f".' S SEP - 8 1989 7EP - 8 WLD IOU I IOLD TMAVN pi PLANNIN' 4A DMARATION OF COVENANTS AND ASTRIMONS 0MGMED TO PROTECT HIGHER PRUPEBY I. VALUES AT WILD CATS This leclaration made this day of 19 11 & FRANK MMANOWrcz, M , rasiding at Wo 6) Lupen Drive, Mchaque, New York, II T N-- E---,,S—S E T up owner in fee simplE OiF C41 ";'n pre"On at pe..a'1; ' ToWn of "U"A COUnt! Of MAIN Ad S% jLe of 0W York, nnown and Algrat2d in a cerlain cap entitled "Wild cats" , a 100jusior siteate at 0000c, Town of Southold, COUNI) of SuMalk to . Scott of No- ytwh MCI in ths Offic; of Be clerk of ne County of suf.Folk MAp Number oo the day of and �-;"7RTAT . said FRAM WHANOWIC2, M is improving swo premly-1 Mona, MEMO rns!dyntial comaynity ard in; SaM Ass ro Do C06vaind M 011vidual purrhaters: an'Ll WHEREAS , FRANK CICHANOWIC7, M is 050roys 10 p0cing certila re- Ms 001d MOWS whiCh shM ba binding up, ail purcnansrs ant mwrmnv� of individum lots, their heirs, snecators, administrators and assfyNs or other succossors in Merest , 6eclares hal the arc reslid >nj conv2yed sahjIM 0 tne following covenants awi whiv! SM11 ran WON zhe land unzil after 140 "M TOW Wall to awLemat1waily oxtandej fer succusyl,q periods f te, -norn ouch y4asn an jostrulact Mined hy the then owpers Of Of Oil M % >0 Mee Q change SOCK covenants and rastrictlux in whole ar in pert, snail Q, boon recordeo. --s.';fild I Nib al&�13�' II II 1 Construction RqQremeHWW,- lo �ju 11 d i ng sna 1 be erected, altered, jaced c; permitze-I to 10140 other than one single foolly W1116g not no excnow two and on; half 121) stories in hajoht and a private Attached qar8ge for not mofn tnao three (3) wrs, (b) Wnnoory d I; S arpart or othar accessory bujiding a any kind may be erected "7Xcept: ( 1 ) an attached garage, (2) an accessory building used conjunction witn a swimming pool- (C) Swimming pool Private Maning pocis may be construcied on any W pro- My ate situate in the rear yard only ans provided KrOW ME no POrtiOn Of any SuCh Pool or QS appurtenanCes ikM 5e closer lo the rear or side lot lines than thirty (30) feet, Duel! shall bQ permitted 00 any lot unless the ground floor area nf the rair structure, excluava of une.staT opeiri 11 ' ,—ChoW and garages, shall be not Wss than 1400 squara- fool. if the living area is on more than nne floor, the total 11viog area oN the first floor shall be not lasn Uan 1300 feet tim total living area for ill floors shall not be less than 1800 square feet, IV Approva! of constructio,-, Qcnn.s ion of any building 60jor structur�,_ TOO Siting a nd McMg upon the YIP ot muk be presented to i r-;proyed in writing by MANK CICHANOWS, ill , his sucaessor; :,r avzilns, priur to the Warz of any construction, S U On MUN Shall nOt be unreasopably withhold, shall M Dose r d oa the judgments af FRANK VCHAMICZ, M as to Whothel, i,, oposaw structure will be consistan with, and will not QUM from the Whetic character of the FRANK LICHANOWL it if ! 00MMY. All exterior constraction, painting and grading a completed within *ne (1) year after commencement uY construction. Building modifications Wmittad Wassopy building and additions 3r Sher modifications and any modification of the SUN! residential building, g Any hreezeway or other stiMure coonecting an addition it %C the main WHing, snail conform in architecture, material and to zucn Wiling, Any arachad aodition to the initia, reiknMal dwelling shall not project more than five (5) fes M front wall of t5s dwelling or structura as originally Movidad Than to no event 3011 s ,h pro]2&w exiond "OVOY !no OEM& requivements above set F0, 0- 2 awn• 12: P.4 2 II Restriction on division and use of low, R- �',Ot snail ba jivided nod convnyed a3 two Gr mor& separata parcels, nor shall more than one dwelling house be located on any lot. Residentin! us of lots N!o-; !at shall be used except for residential purposes, II iI 4. Sighs IN c; :ign of any kind shall he displayed to the public- view an any :0t ;Xropt one professional sign of Not more than one squa.y 00L VMS the written consent of FRANK WCHANOWICZ, M , his successors or assigns, a 5. Animals Nc animals, livQ03 pr poultry of an; kind Bali be raised, bred or an 15y lot , except that of dogs, cats or other nousehold peli's be kept or-{provided that My arE not kept, bred or, maintaine'd for say -,C;!- All pets must be hou.sed in the Ma resiVence only. Traijer5, tents and shacks, tent , shack or other such structure shall be located evected or dsed on apy lot temporarily or permanently. All rnnrll_alionajl vehicles shall be garaged. N!: fluxioun or offensive activity shall be carried Cn upon 0 y lot , n6r i Oka!] anYthing he done thereon which may by or may Wome an aanoyanct� -I,' t�izjsanca to the Neighborhood, 8, Trash Gar;„ae or MOW shall not be wped or al1cwet to remain on an, lot ! PJ ! yarbs, to be collected most be contained in in an underground, closed reciI eptacle, Qced Wconspicously ovisida the dwelling for collection. Trasn or rubbisn shall not be burned upon tie premises. it 9. Clotheslines CNlaoctehe!salnnd es1 0 an9dc releninedd s o pas n omt oot dnth di ayl tsbelocate i ryar and so be Usable from the street upon ii -/.=....„.. Vic& the premSes front or from other adjoining property- 10. Fences whether fabvicated or growing, M13 of exceed four (4) Set ;':Wght. Aporcvxi must be secured from FRANK SCHWEIZ, M 012 swWWOOPs Or assigns. as M Wa and placement before installation of any fence is made. 3 H J. !� 1 11 , Soats and boat traders -,oat or hoot Witer in exuas5 of twenzy (20) feet overall fengtn ill ye placed on any Wt unless in a garagel i , 12. Grath-Ing TO 06yationar grade of a Lot shall not be changed so as to Merially affect the surface or grade of the surrounding Ms. 13. Open Space, FRANK CICHANOWICZ, M has 5et aside, as Wdicatod on the SuMnsion opeo space For the use of the owners of lots and their guests and invitees, (a) at P All owners uf lots are nereby granted the right to u2a tho open --'pdcn area , in coHaon with others, at Mir own risk, pursuant to rw4sonaire' regulaWns from time to time promulgated by FRANK MCHANOWICZ, UT , or by an associatiGn of property owners !-"'Ivedlog to the rights of FRANK CICHANOWICZ, M , (b) Upkeep of open W cwnwr shall be responsible for ono-seventh ( 1/7) of the ,he real estat; loins axtributable to the opon space area- All denSions as to. o maintenance of tne open space area , nhall be in the oxclusive descration of FRANK CICHANOWICZ , III or his in ink a assocaton propery owaers Kra- inater . n iof f provided. tcj Payment of contributions by lot owner� Mile FRANK PGANOWI(aZ, if! holds title to the open space area, pay the taxes and expenses and will submit bills to tne lot bwn8rs Vol their respective one-sevenLh (117) ;WbuQ0M. Such bills will be paid in full to FANK R CWHANOWIM , ! S by the then present lot owners witin h thirty (30) days after said bills have been mailed. May%M constribution of !Wowners ,'i no event, at FRANK CIC HAM MEZ, W nalds title to th''s QOA space area, ShaP any lot owner be rzquired mo pay a sur,, i,,,, excess of Two Hundred ($200.00) Dollars per MUM toward real estate taxes for the open space area, -PEOPpEll, owners, assadytWn, For the purpne of maintaining th; open space and all common, conAunity services ef every kind and nature required or desired the subdivision for toe gentra! use and benefit of all lot e8oh and evarT lot owner, in accepting a deed or nontract any Lot in such premises, agrees to and shall be a member of be subject tu the obligations and duty enacted bylawn,ajo -Tor-- rujin ov the Wild cats Property Owners , Association, a non profit corporation. &D P.EI Thn devs;wper, FRANK CICHAMICZ, M , may Yonsfer "40- "Ke anen space area to the property owaers ' asyac3atlon. if CcInvoyance is Mad A W the Propeoty owpevsi asZoOntion, then: W. a. All VaSto and MpenW Wociated WN the open space area shall thareMer bG torn, Urely by the property owners! association; Facn MW uf the property owners' association snail We liable, on a per lot basis, for a share of the costs and ex- pwn;as of tah prcperty owners, assoclation-a -ack mWer agrees to comply with the regalations f ice; i, one nse of tho park ang road fackities onawto? by tne prop- erty Owner& association. A two-thirds (2/3) i.e shall be reqMred for Un Pn3atwent Of e3ch such regulation: �,pon a two-tr1ris ?P/3) Me by the members of thn propupty OPOSPS ' title to the npaF space orea shail M dadicated to the Tuwn of Southold, �-or purposm of subdivisions 2n and 2d, each lot spoer shall have one vote for each Mt uved, whether improved or unimproved. 0) Conveyanco or, ledication of open 1 . pra:ont intention 10 Con— U- ow"Ars , 3SIOWIMun FRANK CICHANDWICZ, M presently intends to con4ey USe to tne opon space area to a property owners ' association consisting J. U; Wt owners. However, when and if such conveyance sholl b;ii Pdas BY ? rest to the sole discretion of FRANK VCHANOW! 2. Reservation of rignt tQ co- U Uf suuthoh, in lieu of coAvnying the open space to a property owners' asHcOntion, FRANK [ICHANOWCZ, M reserves she right, in nis SWESSUretion, to convey me nPan space to 1M V Quonold without M COMM of the ownyr of anv lot Cr of thn WdEr a? apy lion thereon or any Warest therein. instrNments rEquired for conveynce if PAPNI VCHANDWIM, M cr the property owners, aFnoclatiow II decide to - Prvey the npen Epace and the Town of Samoa requires any onstruments to be signed by any W the persons Warrej W 10 sutparagraph 2 Bova, sAn! person or persons Y. exacul; such instrum,cs upon writtea request, U zch Eve,ited Instruxents arn not received within ten (10) UYS War W Witte; request was made, thy lot owner, 1jerhYder, or person with any other w6rest therein , AwrGy aut4crizes FRANK WCHANOWICZ, it ! on the property navers ' asyocinljon to execute Lhe requiren ins[rumats a ns its special agent. P.7 tot mnko W-:- ww"wr 74;! ! no 1 VVYnowl I A v 7 4'T n 4&A�N! nz z M 1 -or n0v- po" ! a . � ,!J >lit ons.n for on o;;d effect VQ00, Qr Law Z Win w r. t 1v 1-: qC : ...fir it.. Sochi 00 f An- Q t: FAA :Wnxcal 7, 7 ''may— ounseuL of day persons. FRANK CICHANOWICL, M MAIV Or NEW YORK) MUM OF SUFFOLK) 19 6w pervone cam(: L 9 4r, Town Hall. 53095 Main Road :,yF-' :i -.,.,zap. .'• R P.O. Box 1179 ram` �;{� s 4 a Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of C)ctkfj -Hamlet/Locality S.C.D.P.W. Topo No. : Zoning S.C. Tax Map No. Dao - - q - Major Sub. Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: "'- rnna Plat ( 3 copies) Road Profiles (1) Drainage Plans ( 1) Topogroaphical Map ( 1) Site Plan ( 1) Grading Plan ( 1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED r� REFERRAL CRITERIA: SEQRA STATUS: 1 . The project is a (Unlisted) (Type I) (Type II) Action. 2. �J_Neqa�—tive claration (Positive Declaration) (De Non-Signs icance) has been adopted by the Planning Board. 3 . E.I.S. statement enclosed. (yes) (no) 4 . The proposed division has received approval from the S.C. Dept. of Health. (Yes) (No) COMMENTS: -fedan e-kS We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. Very truly yours, BENNETT ORLOWSKI ,JR. CHAIRMAN jt revised: 3/8/89 �h AUG 3 019$9 '1, t Town Hall, 53095 Main Road PL 10011M(]�QA1 ',15 `;``�� �� �� P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 30, 1989 Lewis Edson First Towne Realty Main Road Southold, New York 11971 Dear Lew: The Southold . Town Board, at their regular meeting held on August 29, 1989, adopted a resolution engaging your services for the purpose of conducting an appraisal of the subdivision of Wild Oats, located at Peconic, so the Town Board may determine the amount of money. to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section 106-38.E(3) of the Code of the Town of Southold. The subdivision map is enclosed herewith. When you have completed your appraisal, please file it with me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure � _ cc: Planning Board L Town Hall, 53095 Main Road P.O. Box 1179 ' lol •�`a� Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 29, 1989: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal of the major subdivision of Wild Oats at Peconic, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section A106-38E. (3), Subdivision of Land, of the Code of the Town of Southold. Judith T. Terry Southold Town Clerk August 30, 1989 f /• COUNTY OF SUFFOLK F�I AUG 2 919N PATRICK G. HALPIN OUThICJ D TOWN SUFFOLK COUNTY EXECUTIVE PLANNIK B0AU—__Y J DEPARTMENT OF PLANNING ARTHUR H. KUNZ (516) 360-5207 DIRECTOR OF PLANNING August 25, 1989 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Street Southold, New York 11971 Preliminary Final X Q Plat Name: Proposed Map of Wild Oats Location: wly/s of Indian Neck Lane at n/ely terminus of Leslie's Road, Peconic, New York T.P.I.N. 1000-86-4-6 Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: 3 copies of final map Yield Map Who will have ownership of the open space areas, a homeowner's association or the town? What measures will be taken to insure that the open space areas do not end up in County ownership as the result of nonpayment of taxes. What measures are being taken to insure that the open space areas will remain as such in perpetuity. Will the open space be utilized as farm land or will it be left undisturbed. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 A Page -2- -------------------------------------------------------------------------------- Very truly yours, Arthur H. Kunz Director. of Planning by Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-D-89-126 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 9 for complete referral requirements. P. 0. Drawer A Jamesport, NY 11947 August 21, 1989a (a�� I� d 15 f i Bennett Orlowski, Jr. , Ch>ziirman Southold Town Planning Board �S['iifH'0!.;110Vf!U Main Road F"�ll`1�ii�iU �''D_ Southold, NY 11971 RE: Wild Oats major subdivision, Peconic 1000-86-4-6 Dear Mr. Orlowski : This is to advise your Board that the final filing for Wild Oats major subdivision was completed per your staff ' s request on August 18, 1989 with the submission of five additional prints of the subdivision plan. Under Section 106-24(e) a public hearing must be held prior to September 25. In the event this hearing is not held, we will presume that these maps are approved by the waiver provision cited in this section. Sincerely, JkfJ VHnr Ray nor "'r' ll Y HER:ml CC: Frank Cichanowicz James Schondebare, Esq. - Town Attorney Judith Terry - Town Clerk '• �'`I. 1 C Y t t f..! Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 15, 1989 Judith Terry Southold Town Clerk Southold, New York 11971 RE: Proposed Subdi.visi.on for Wild. Oats SCTMff 1000-86-4-6 Dear Judy, Attached please find a copy of the final map for the above mentioned subdivision. The Planning Board is referring this subdivision. to the Town Board pursuant to Section 106-38 E ( 3) for a determination on the amount of money to be deposited with the Town in lieu of land for Nark and Playground. very truly `�n}s BENNETT ORLOWSKI., JR. CHAIRMAN Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD A ua us4 15 119 81 Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - Wild 04 Hamlet/Locality ?ecc:,n.%G S.C.D.P.W. Topo No. : Zoning A-c- S.C. Tax Map No. 000 - 6 6 - 4 - Major Sub. Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: 1 AJA L H�AT/Sg DY ,zr� Plat ( 3 copies) �oad Profiles ( 1) Drainage Plans ( 1) Topogroaphical Map ( 1) Site Plan ( 1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted) (Type I) (Type II) Action. 2. A Negative Declaration (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (yes) 4. The proposed divis' o has received approval from the S..C. Dept. of Health. (% ) (No) COMMENTS: ,,, CM 12 /S 87. ^-q- AkJAAL 0. SOGi y� Ot.IR \C P We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. Very .j'ru, offs, , BENNETT ORLOWSKI,JR. ~ CHAIRMAN it revised: 3/8/89 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 7 65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD AVM L)st 15, )gg9 Robert Brown Sidney. Bowne & Soil 45 Manor Road Smithtown, 14Y 11787 Dear Mr. Brown: ' Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of ,�ajor subdivision minor subdivision, site plan) Wild Uack-, Hamlet 'icon i C- MATERIAL SUBMITTED: File # 87a15 Suffolk County Tax Map No. lcw- 86- 14 -6 Sketch. plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map A 27, 1984 Other Comments: Very truly ours, a : A11A BENNETT ORLOWSKI, JR. ,CHAI, S SOUTHOLD TOWN PLANNING B6,�&D I _ JUL 2 81989 S01fTHN p G6vfU P. 0. Drawer A FL fa �Uy�� Jamesport, NY 11947 � -__,�r July 27, 1989 BY HAND Southold Town Planning Board Main Road . Southold, NY 11971 RE : "Wild Oats" major subdivision at Peconic District 1000, Section 86, Block 4, Lot 6 Dear Sirs: Attached please find maps stamped by the Suffolk County Department of Health Services with regard to the above referenced major subdivision. (Sincerely, Henry. Rayn�. HER:ml Enc. P. S. We would appreciate your schedaaling this matter on your August 14, 1989 agenda. 1�r �� D4 Jf7� i'"r\� P)fry' i t * Town Hall. 53095 Main Road P.O. Box 1179 •"•`?�� Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 18, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM 41000-86-4-6 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, April 17, 1989. RESOLVED that the Southold Town Planning Board grant preliminary approval for the above mentioned subdivision, maps dated as amended February 9, 1989. Please note that a Home Owners Association must be filed for the Open Space as per Section 100-181 of the Town Code. This association must be filed before the final hearing is held. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN Jt LEGAL NOTICE now or formerly of John Joseph Terp; Notice of Public I -r,'--_ on the South by land now or formerly NOTICE IS HEREBY GIVEN that of Louis and Helen•Lombardi,by land pursuant to Section 276 of the Town now or formerly of John McCarvill, STATE OF NEW YORK) Law,a public hearing will be held by by land now or formerly of William )SS: the Southold Town Planning Board, and Phillts Jarosz,by a Private Road; at the Town Hall, Main Road, on the West by.a Private Road,by COUNTY OF SUFFOLK) Southold,New York in said Town on land now or formerly of Long Island; the 3rd day of April, 1989 on the Lighting Company' a. question of the following: 8:00 p.m.Preliminary approval of Mar 1 b e th Powers of Mattituck, in m.Final approval of the lot the major subdivision of Wild Oats, 7:30 p' pp located at the Town of Southold, said County, being duly sworn,says that he/she Is Princlpg line change of Karl ,Baunach,located at the Town of Southold, County of Suffolk,and the State of Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, ty of Suffolk, and State of New York. New York.Suffolk County Tax Map i in the Town of Southold, County of Suffolk County Tax Map No. 1000- No.1000-86 4 6. published at Mattituc 14 141-1-34&36.1. The property is bordered on the i Suffolk and State of New York,and that the Notice of which North by land now or formerly of The property is bordered on the King, by land now or formerly of the annexed is a printed copy,has been regularly published in North by Pine Street;on the East by Ponano,by Indian Neck Lane;on the Pine Street and Horton Avenue; on East by Indian Neck Lane; on the said Newspaper once each week for 1 weeks the South by Horton Avenue;on the South by Indian Neck Lane, by successively, commencing on the 1 C, day of West by land now or formerly of Leslies Road,by land now or for- Young,by land now or formerly of merly of Geiger,by land now or for- March 19__&9 Stopinski. merly of Koraleski;on the West by,,, 7:45 p.m. Final approval of the land now or formerly of Koraleski;on major subdivision owned by the the Northwest by land now or for- Town of Southold at Soundview Av- merly of Kopper. 'tea".2. enue, located at the Town of Any person desiring to be heard on Southold,County of Suffolk,and the the above matters should appear at the State of New York.Suffolk County time and place specified. Principal Clerk Tax Map No.1000-59-9-10. Dated:March 14,1989 The property is bordered on the BY ORDER OF North by land now or formerly of THE SOUTHOLD TOWN Long Island Lighting Company,by PLANNING BOARD / land now or formerly of Arlene L BENNETT ORLOWSKI. Sworn t0 be me this McCarvill,by land now or formerly CHAIRMAN of Robert C.Marcarite,by land now 6220-ITM16 or formerly of Carlsen;on the East by ___ — day Of 19 e MARY I(.LEGNAN land now or formerly of John Mc- NOTARY PUBLIC,State oi'NeW Y9fk Cargill,by land now or formerly of Suffolk County No.Q498E0 Robert and Theresa Walker,by land 12,'%_ Term Expires Febru6�1Q COUNTY OF SUFFOLK STATE OF NEW YORK ss: LEGAL NOTICE I Patricia Wood, being duly sworn-, says that she is the NOTICE OF Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ly PUBLIC HEARING a er a public news printed at Southold in Suffolk Count NOTICE IS HEREBY p newspaper p y� e GIVEN that pursuant to Section and that the notice of which the annexed is a printed copy, 276 of the Town Law, a public has been published in said Long Island Traveler-Watchman hearing will be held by the Southold town Planning Board once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks at the Southold, NH4a11YoMk in Road,,,, ZZ in saidsuccessively, commencing on the Town onthe3rddayofApril, " " " " " /" " " " " 1989 on, the question of the following: day of . . . —!/,-ti?cw. I 9 .,?y . 7:30 p.m. Final approval of ' the lot line change of Karl Baunach,located at the Town of Southold,.County of Suffolk, and State of New York'. Suffolk County Tax Map No. 1000-141-1- 34 & 36.1: / The property is bordered on the North by Pine Street;on the Sworn to before me-this . . . . . . . . 1 . . . . . . . . . . . day of East by Pine Street and.Horton Avenue; on the South by Hor- ". ton Avenue;on the West by land,, . . . . . . . . . . " " " " " ' 19 ' "now or formerly�of.Youn'g; by +I land now or formerly of Stopinski. 7:45•p.m. Final approval of the major subdivsion owned by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . „ . . . , , , the Town of Southold at Sound- view Avenue, located at the Notary Public Town of Southold, County of BARBARA A. SCHUMER Suffolk, and the State of New NOTARY PUBLIC, State of New York York. Suffolk,County Tax Map ftio. 1806846 No. 1000-59-9-10. Quallfi^d iii Suffolk County The property is.bordered on ltiili111111aSiuPl Epies the North by land now or form- erly. of Long Island Lighting Company, by land now or formerly of Arlene J. McCarvil, by land now or formerly of Robert C. .Marcarite, by land now or formerly of Carlsen;on , the East by land now.or former- The property Is bordered on - ly of John McCarvil, by land the North by land now or now or formerly Robert and i formerly of King, by land now Theresa Walker,by land now or or formerly of Pontino, by In-' formerly'of John.Joseph.Terp; than Neck Land;on the East by I on the South by land now or Indian Neck Lane;on the South . I formerly of Louis and Helen by Indian Neck Lane,by Leslies Lombardi, by land now or Road, by land now-or formerly formerly.of John McCarvill,by of Geiger, by' land now or land now or formerly of formerly of Koraleski; on the William and Phillis Jarosz,by a West by land now or formerly of tJ Koraleski on the Northwest b Private Road; on the.West by a •� Y I Private Road, by land now or land now or formerly of Kopper. ; MA 7 t a formerly of Long Island Light- Any person desiring to be ing Company. heard on' the above matters ; d 8:00, p.m. Preliminary ap- should appear at the time and SOUTHOLD TOWN proval of the major subdivision place specified. I _PLANNING BOARD of Wild Oats, located at the Dated: Marcy 14, 1989 j Town of Southold, County of BY ORDER OF THE Suffolk, and the State of New SOUTHOLD TOWN York. Suffolk County,Tax Map PLANNING BOARD ' No. 1000-86-4-6. IX, 3/16/89 (89) SIDNE _--8. BOWNE & SON Sidney B.Bowne,P.E.,L.S. Roland Anders (1922-1959) �Q1d""" �uzeei`e _ Roger L.Cocchi Chester C Kelsey, P.E.,L.S. �'' y 45 Manor Road �� Francis J.Lynch Alexandre W.Mercil, P.E. 1UI � � Philip Schlotzhauer Robert A.Stanton, P.E. Smithtown, N.Y. 11787 ] q Joseph F.Stegman Robert W. Brown,L.S. 516 724-0611 ) Paul F.Stevens Zabdiel A.Blackman, P.E., L.S. William T.Styne ; Richard B.Weber George A.Style,P.E. OR 15 Jerry D.Almont,P.E. George L.Fagan,Jr.,Ph.D.,P.E. Frank Ca obianco,C.E. THOLD TOWN C, Thomas R.Pynchon,L.S. March 13, 1989 Mr. Bennett Orlowski , Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Wild Oats Subdivision in Peconic - S.C.T.M. No. 1000-86-4-6 (SBB No. 87215) . Dear Mr. Orlowski : We have reviewed the most recent submission (revision of February 9, 1989) for the above referenced subdivision and find the plans to be acceptable at this time. If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA VM:rp MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H Town Hall. 53095 Main Road P.O. Box 1179 ,.ti��� ..., 7 � '✓ } Southold.New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 16, 1989 Henry Raynor . 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM 41000-86-4-6 Dear Mr. Raynor: The following actions were taken by the Southold Town Planning Board on Monday, March 13, 1989 . RESOLVED that the Southold Town Planning make a determination under the State Environmental Quality Review Act of non-significance. RESOLVED that the Southold Town Planning Board set Monday, ' April 3, 1989 at 8 : 00 p.m. for a public hearing on the preliminary maps dated as amended February 9, 1989 . If you have any questions, please do not hesitate to contact this office. Very,_.truly yours, '.f �.......� ✓owl✓�.'i✓y''n//r, �.y.•"..�- _ `.. .a.5...-. ._ . ���', BENNETT ORLOWSKI,JR. CHAIRMAN • enc. jt iy Town Hall. 53095 Main Road '" ?!•' `r P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 03/13/89 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law . State Environmental Quality- Review Act and 6NYCRR part 617, Section 617 . 10 and chapter 44 of the Code of the Town of'. Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The major subdivision of Wild Oats is a cluster for seven (7 ) lots on 14.734 acres located at Peconic. SCTM 41000-86-4-6. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board TO: File FROM: Melissa Spiro RE: Conversation with Ray Jacobs DATE: March 13, 1989 Spoke with Ray Jacobs, Superintendent of Highways. Below are his comments: A taking of land on the northwest corner of the intersection of Leslie' s Road and Indian Neck Lane is not recommended. This taking would involve property outside of the parcel to be subdivided and is not necessary. The straightening of Indian Neck Lane by proposed Lot #3 is ,also not recommended. Ray Jacobs was concerned that the drainage be revised as per his correspondence of December 12, 1986. I informed him that the plans had bean reviewed by the office of Sidney B. Bowne and Son, and that the maps had been revised accordingly. •` .y °Fiat a �+✓., d 4 - � (r• � �4 1,Y�_ Ti,. Town Hall, 53095 Main Road '° P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert Brown 'Sidney Bowne & Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of v Ja or subdivision minor subdivision, site plan) Hamlet �econ� C MATERIAL SUBMITTED: File # 97215 Suffolk County Tax Map No. (0oa Sketch plan Preliminary map � Xplyd FeJ aq jqffj Street Profiles Grading Plan ` Preliminary sit Final Map Other Comments: Ver truly yours, BENNETT ORLOWSKI, JR. ,CHAIRMAN 04S SOUTHOLD -TOWN PLANNING B6ZAD ZZ2 Town Hall. 53095 Main Road P.O. Box 1179 ,� Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 6, 1989 Henry Raynor, 320 Love Lane Mattituck, NY 11952 RE: Proposed Major Subdivision for Wild Oats SCTM# 1000-86-4-6 Dear Henry, To confirm your conversation of last Friday with Melissa Spiro, the "as is" road profiles are not what the Planning Board previously asked for. In correspondence dated October 18, 1988, the Planning Board requested a grading and drainage plan. reflecting the property as is. The Planning Board will proceed. with their review upon submission of the above. Please contact the office if you have any questions regarding the above. /�Ireky truly yotrs, /,,7 BENNETT ORLOWSRI, JR CHAIRMAN P. 0. Drawer A Jamesport, NY 11947 January 23, 1989 Bennett Orlowski, Jr. , Chairman L� 6 Southold Town Planning Board JAM 2 4 1989 q Main Road L Southold, NY 11971 J SOUTI•IgLD T0U1'N Dear Mr. Orlowski : PLANNING BOARD Hand delivered to your office on January 20, 1989, are the "as is" road profiles for Wild Oats major subdivision requested by Town Planner, Valerie Scopaz. This submission fully completes the last requirements for this subdivision. We, therefore, request the Board to immediately set a date for a public hearing . Sincere1 , Henry *Rarnor / Jr. HER:ml CC: Frank Cichanowicz RODERICK VAN TUYL, P.C. 218 FRONT STREET GREENPORT, NEW YORK 11944 516-477-0170 January 20, 1989 Southold Town Planning Board Town Hall Southold, NY 11971 Re-: Wild Oats subd. T� AY Gentlemen: sARN�,T Attached hereto are the separate plans for the Olmsted- subdivision in Mattituck, and the road profile for "Wild Oats" in Peconic, for which please pursue the usual steps for approval . Thank you. Yours truly, R. Van Tuyl lj,r jL F �a�a �,.y asp 3� Item a gip;9N79 rrn.,Ir +oa9 - FOLD AT(—)TO FIT DRAWING BOARD ENVELOPE N EW10P a it ` ✓A Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ®E C 2 9 108 Robert Brown Sidney Bowne & Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: 1 Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application o (ilajor ,subdivision, minor subdivision, site plan) Wild Oats _�.. Hamlet Peconic MATERIAL SUBMITTED: File # 87215 Suffolk County Tax `iap No. 1000-86-4-6 — - Sketch plan Preliminary map Street Profiles Grading Plan Preliminary sit Final Map Other Comments: The enclosed letter i.s for you information,at this time we do not request a bond estimate. Very truly yours, BENNETT ORLOWSKI, JR. ,CHAIPMAN SOUTHOLD TOWN PLANNING B6,dD ..r .ar RODERICK VAN TUYL, P.C. 218 FRONT STREET a j' GREENPORT. NEW YORK 1 1944 ! i; ; NOV 3 0 } 516 477-0170 SOUTHOLD TOINN PLANK NG BOARD TO Southold. Town Planning; Board DATE Nov. 23, 1988 Town Hall Southold, 11Y 11971 SUBJECT "Wild Oats" , Peconic Dear Sirs : Enclosed you will find three copies of the subdi- vision snap of "Wild Oats" , revised to show the location of the proposed fire-well. Please place these in your file, for the record. Yours truly, ;Z. ` .`• Roderick Van Tuy , PC Item N ML5N72©Wheeler Group Inc.1982 FOLD AT(—)TO FIT DRAWING BOARD ENVELOPE N EW10P i HdLJ NOV 2 SOUTHOLD TOWN � P. O. Drawer A PLANNING BOARD Jamesport, NY 11947 November 18, 1988 Ms. Valerie Scopaz Southold Town Planner Main Road Southold, NY 11971 RE: Wild Oats major subdivision Dear Ms. Scopaz : Your request for as is profiles on Indian Neck Lane creates a hardship with regard to my client . As we have already fully complied and amended our subdivision maps to incorporate the suggestions of the Planning Board, Sidney Bowne and Ray Jacobs, etc. , this is an additional expense that will have to be taken as duplication of effort. I would appreciate the Boards consideration that this request be waived immediately and a public hearing be held as soon as possible. Sincerely, r Penrl, Rayno Jr. HER:ml NOV Z 1 1988 `d SOUTHOLD WAN PLANNING GOM P. O. Drawer A Jamesport, NY 11947 November 17, 1988 Mr. Frank Cichanowicz Briarcliff Landscaping Main Road Peconic, NY 11958 Dear Frank: The Southold Fire District has indicated a fire well be affixed to this property as part of the processing for subdivisions. I have forwarded the locations to Roderick Van Tuyl for him to affix to the .final mylar maps. This will be an item added to either a bond or letter of credit under the classification of capital improvements. Should you have any questions, please don' t hesitate to call. Sincerely, HkUjiARae or, Jr. HER:ml Enc. CC: Roderick Van Tuyl, P.. C. / Southold Town Planning Boaed Town Hall 53095 Main Road P.O. Box 1179 - Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 11/16/88 Henry Raynor 120 Love Lane Mattituck, NY 11952 RE: Firewell locations SCTM #p1000-86-4-6 Dear Mr. Raynor: Enclosed please find a copy of the map indicating the fire well location as requested by the Southold Board of Fire Commissioners. Please include this on your final mylar map. If you have any questions, please do not hesitate to contact this office. , Very truly yours;- f r !','°i'w�f;^„�.,��f..,"si/yo•`'lyw_•,,,y'/ �f'Fr'v4t4i..✓a�-''ea1'""l�+ . BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt ,�fir. 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VA. L r' ';:�.C;.,i'-..,,.tI 1 ► . 1 jJ` ' ,t.j` ''. - 14.;I _ t SSG L�_5� , , '. - ' .,. =sr- - ', all Town Hall, 53095 Main Road ' P.O. Box 1179 Southold,New York 11971 ,RV TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM #1000-86-4-6 . Dear Mr. Raynor: The following action was taken by- the Southold Town Planning Board on Monday, October 17, 1988. RESOLVED that the Southold Town Planning Board accept and request compliance with the Engineer's report dated October 4, 1988. In addition, the Planning Board requests that the portion of Indian Neck Lane adjacent to the property be improved to the centerline with the addition of drainage swales if need be. The Board also request a grading and drainage plan reflecting the property as is. If you have any quetions, please do not hesitate to contact this office. V ruly yours,,;-'"� ��'/ J 'if/'(/ �' • BENNETT ORLOWSKI,JR. CHAIRMAN enc. , jt C �:r , Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1988 Southold Fire Commissioners Southold Fire Department Main Road Southold, New York 11971 Dear Commissioners: Enclosed please find the survey for ( i)d C-1-4 c Sc -L I220 Y6 - K - Please notify this office as to whether any firewells are needed. Please reply by 1988. Thank you for your cooperation. �.�..... ' fvery truly youirs;'� BENNETT ORLOWSKI, JR CHAIRMAN enc jd n. �,.,. Sidney B.Bowne,P.E.,L.S. SIDNEY S. BOWNE & SON rF Roland Anders (1922-1959) d Roger L.Cocchi Chester C Kelsey, P.E.,L.S. Francis J.Lynch Alexandre K s e, il,P. P.E. 45 Manor Road Philip Schlotzhauer Robert A.Stanton, P.E. Smithtown, N.Y. 11787 — 7 Joseph F. v e s Robert W. Brown,L.S. Paul F.Stevens Zabdiel A.Blackman,P.E., L.S. (516) 724-�611 William T.s Richard B.Weber George A.Style,P.E. 11 THOLD TOWN PLlItePlIP.G BOARD Jerry D.Almont,P.E. George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. October 4, 1988 Thomas R. Pynchon,L.S. Bennett Orlowski , Jr. , Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Wild Oats Subdivision in Peconic - S.C.T.M. No. 1000-86-4-6 SBB No. 87215. Dear Mr. Orlowski : Enclosed please find the most recent plan (rev. April 27, 1988) for the above referenced subdivision. We have indicated the location of an additional drainage structure at the access to Lot 7, and a revised location for the structure between Lots 5 and 6. Additionallly, we have noted the size of the structures required for a 2" storm. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VIPCENT MARICONDA VM:rp S/2 lld7(Bv \)a v\ZoYI �l C2Pp�F MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H }, ` r �„'r' t• a3jr � .,s•.. ' �." Y' ..Yi'1~ ���4T�,�' y� .'_-� ' '` Y"� �r�T- l�.�i s� I •.t T `''.` r �•x::w+i`�+' 1`/�� ti;M �A �^ � 5sc i ^'•'.:�# r t cy/ �1.. `)[ ECG ` ! ,� •f} lr—A tJ` IV- f � J `�`VVV •Cl 1 4 �« 1 !t . '��\J�/'1y- Lr'.�^' � t. 1, '4•k `J w }4r sew Id,• tyly I. 4-0 ' ,r' t tom" ` r.� Z. Jr•:: ?��R,g._...-..may,.,,-.-,..,., g �t APrt 6 . LUG . . •. - _„-.-- _ �� "'':.i��'! tom, �_l1 ';'� `� � �_r j,v' }- Unauthari.>.rr41 alteration or sdaition to this survey is a violation of r� (Section 720.R of the Now YoA Ste* �,13, f Education Lew. •\4 ,, r r ` Copies of this surrey map not bearing the land surveyors inked sae{os embossed Seal shalt not be considered to be a valid true copy, 1 A r 1 Guarantees Indicated hereon shall run •OnlY to the• ,, _ _ .f � person for wham the survey' Is prOn3red,and on his br.hmf to th. P. O. Drawer A Jamesport, NY 11947 D August 4, 1988 AUG - 4 i989 SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Mr. Orlowski : Please be advised we are completing final maps for the Wild Oats subdivision. As we have received undue delay in the processing of our water approval, I would request should any extension be deemed necessary under Section 106-24A( 1 ) the Board would go forward and grant same. Best regards, r Henry E. Raynor, Jr. HER:ml CC: Cichanowicz � o na BUG 2 2 P. O. Drawer A SOOT jQ PLANNINGJamesport, NY 1194 August 19, 1988 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Mr. Orlowski : In response to your letter of August 16, 1988 with regard to the Wild Oats (Cichanowicz) major subdivision, please be advised that the revised preliminary maps you requested we forwarded to your office some time ago. Please review same at your earliest convenience so that we may move forward with this subdivision. Sincerely, Henry .. )aynr, J . HER:ml CC: Cichanowicz c��yFFQu AN Town Hall, 53095 Main Road L' � s P.O. B w® ' ox 1179 � Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 Henry E. Raynor,,--Jr. P.O. Drawer A Jamesport, New York 11947 Re: Wild Oats (Cichanowicz) SCTM* 1000-86-4-6 Dear Mr. Raynor: The Board has reviewed your letter dated August 4, 1988 in reference to an extension for the above mentioned subdivision. According to 'our file the status of the application is as follows: Sketch approval was granted on "December 8, 1986. Preliminary maps were .submitted and reviewed. Revised maps were requested by the Planning Board (see enclosed letter dated June 2, 1988) and as yet have not been received. An extension of sketch approval is therefore not necessary. Upon receipt of revised preliminary maps, the Planning Board will proceed with their review and also continue the SEQRA process. Please contact this office if you have any questions. Ver ly yours, B Nile LOWSKI,'�JR. CHAIRMAN enc. jd �i P .0 T O� O' SOU H! D 1 � Southold, N.Y. 11971 (516) 765-1938 June 2, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Wild Oats SCTM 41000-86-4-6 Dear Mr. Raynor: The Planning Board reviewd the revised maps dated March 23 , 1988 and determined that the map should be revised as follows: 1. Show topography as it exists and as proposed. Topography on sketch plan (amended November 7, 1986) does not match up with existing contours on the site. 2. Show relationship of property to road (grading profile) . 3 . Move Lot 7 from the low end of the property to higher ground, as a flag lot behind Lot 1. Further, the Planning Board is confering with the Highway Department as to whether a road taking may be required. . Very truly yours, ENNETT ORLOWSKI,JR. CHAIRMAN it P r gNs D T4iQ OF�SOU D SLR FO��K� I� Y Southold, N.Y. 11971 (516) 765-1938 March '16, 1988 Henry Raynor P.O. Drawer A Jamesport, NY 11947 RE: Preliminary Map of Wild Oats SCTM # 1000-86=4-6 Dear Mr. Raynor: In order to comply with the Town Engineer' s recommendations (enclosed) it is suggested that you revise the map as follows: 1. Show topography as. it exists and as proposed. Topography on sketch plan (amended November 7, 1986) does not match up with existing contours on the site. 2. Show relationship of property to road (grading profile) . At our last conversation on March 2nd,'�the revised map was going to move Lot 7 from the low end of the property to higher ground. Since then, you left word with the staff that your client was going to submit a different layout from that which we had discussed. In either case, the cluster layout should conform to the Zoning Code(e.q. lots are 40,000 sq. ft in area and open space is fifty percent (500) of the total area) . Sincerely, � Valerie Scopa� Town Planner cc: Bennett Orlowski,Jr. Robert Brown Ray Jacobs jt P I NG B�� TO O((�����jp♦ O .NS OU 1-77 H9Z D 0 Sur Southold, N.Y. 11971 r (516) 765-1938 March '16 , 1988 Ray Jacobs, Superientendant Highway Department Peconic Lane Peconic, NY 11958 RE: Preliminary Map. of Wild Oats Leslie' s Road, Peconic SCTM # 1000-86-4-6 Dear- Mr. Jacobs: It appears that the Town has an opportunity to "round off" the bend in Leslie' s Road by Lot # 3 ( see enclosed map) by asking the developer to deed to the Town a few feet at the bend. It would be most helpful if you could indicate the dimensions of the taking that would result in a better radius. . (The notations on the marked map are not to scale. ) Sincerely, Valerie Scopa Town Planner Enc: _— cc: Robert Brown, Consulting Engineer Bennett Orlowski, Jr. Chairman jt r , SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. C� Roland Anders (1922-1959) Roger L.Cocchi Chester Kelsey, P.E.,P.E. 45 Manor Road Francis J.Lynch Alexandrea W.Mercil, . Philip Schlotzhauer Robert A.Stanton,P.E. Smithtown, N.Y. 11787 Joseph F.Stegman Robert W. Brown,L.S. (516) 724-0611 Paul F.Stevens Zabdiel A.Blackman,P.E., L.S. William T.Styne Richard B.Weber George A.Style,P.E. Jerry D.Almont,P.E. December 23, 1987 George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. Thomas R.Pynchon,L.S. Bennett Orlowski , Jr. , Chairman TOWN OF SOUTHOLD, Planning Board 53095 Main Road Southold, New York 11971 Re: Sketch Plan for "Wild Oats" Subdivision for Frank Cichanowicz III. Dear Mr. Orlowski : We have reviewed the above referenced sketch plan and have the following comments: 1. Referring to the attached copy of the plan, the following size leaching basins should be used to pick up driveway runoff. L.B.# SIZE 1 17-8r O.D. @ 10' deep 2 2-8' O.D. @ 10' deep 3 2-8' O.D. @ 10' deep 4 2-10' O.D. @ 6' deep (because of closesness to groundwater) 2. Additionally, we require that a detailed site plan of Lot 7 be provided for further review and elevation since it is located in a natural depression on the overall parcel and must provide for on site storage and overflow of storm water in a controled fashion. Lot 7 should not be considered buildable until proper drainage has been evaluated and approved. If you have any questions, please do not hesitate to contact this office. Very truly yours, SID Y B. OWNE & SON RECEIVE® BY CO SULT ENG RS NOTROLD T00.1 PLANNING BOARD --- D E C 2 8._1987.--- ROBERT W. BROWN L.S. Encl . MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER RWB:dd An Equal Opportunity Employer M/F/H cc: Ray Jacobs COUNTY OF SUFFOLK RECE'VIED. !BY Dp 1RRppit iI '''r 13�Hi� MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING December 18, 1987 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of Wild Oats Northwesterly corner of Leslie's Road and Indian Neck Lane, Peconic. Dear Mr. Orlowski: In accordance with your request the staff has examined the proposed subdivision layout for a 14.734 acre tract reputedly owned by Frank Cichanowicz, 3rd and offer the following comments on the proposal for your use. Staff comments on a preliminary map, however, do not constitute a review of the map by the Suffolk County Planning Commission. When this subdivision proposal has been finalized it is to be referred to the Commission for review pursuant to Section A14-24 of the Suffolk County Administrative Code. 1. The layout appears to be generally satisfactory. 2. The angular bend in the alignment of Indian Neck Lane at Lot 3 should be replaced by a large radius curve to bring the road up to modern standards. 3. The following information should be included with the referral of the proposed final plat to the Suffolk County Planning Commission. Failure to provide this information may result in the referral being considered incomplete. a) Status of SEQRA review. b) Whether proposed subdivision is being handled as a cluster under Section 281 of Town Law or as a condominium under Section 9A of the Real Property Law. c) What measures are being taken to insure that the open space areas will remain as such in perpetuity. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I., NEW YORK 11788 (516)360-51 92 Preliminary Map of Wild Oats Page 2 -------------------------------------------------------------------------------- d) Who will have ownership of the open space areas, a homeowner's association or the town? What measures will be taken to insure that the open space areas do not end up in County ownership as the result of nonpayment of taxes. e) Yield map. f) Whether the open space will be utilized as farm land or will it be left undisturbed. Very truly yours, aw,64 -4.Aj/PW Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-SR-87-99 CGL:mb Enclosed: Map S PtrAR"NIRN' C Bo A�iD N . I 4ID S. VP N 'Y Southold, N.Y. 11971 (516) 765-1938 November 13 , 1987 Environmental Analysis Unit DEC, Building 40 , Room. 219 SUNY Stony Brook, NY 1179.4 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Frank Cichanowicz , III to be known as "Wild Oats" located at Peconic , SCTM # 1000-86-4-6 . This project is unlisted and an initial determination of nonsignific has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until November 27 , 1.987 . We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours , 0�lw6v,� ` B PNNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc.: Department of Health Services Office of the Ecology ' I PROJECT I.D.NUMBER 1416 4(9184) ` RK' DEPARTMENT OF ENVIRONMENTAL CONSERVATIOt' r— 2 2 1 � uIVISION OF REGULATORY AFFAIRS �.T State Environmental Quality Review SHORT ENVIRONMENTAL. NVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . PART I Protect Information(To be completed by Applicant or Project sponsor) 2. Pro ect Name 1. fp lican spo or nor, Jr. , Agent for 71d Oats major subdivision n�nr� �. Ray . 1 • 3. Project location: Peconic , Town of Southold County Suffolk Municipality 4. Is pr osed action: New ❑ Expansion ❑ Modificationlalteration 5. Describe project briefly: major subdivision of 14. 734 acres into seven residential lots 6. Precise location(road intersections,prominent landmarks,etc.or provide map) Indian Neck bane , peconic , New York, also knoWn, as District 1000, Section 86, I31ock 4, lot 6. 7. Amount of land TV.ed 3 q Ultimately 14. 734 acres Initially 11.. 11 't acres 8. Will r posed action comply with existing zoning or other existing land use restrictionsi es ❑ No If No,describe briefly 9. What is present land use in vicinity of project? ❑ Agriculture ❑ ParklandJopen spac Other [ e ❑❑ Commercial -3�{� Residential Industrial❑ Describe: l,or funding,now or ultimately,from any other governmental agency(Federal,state or local)? 10. Does a tion involve a permitiapProya royals Yes, ❑ No If es, list a ency(s)and permitlapp Possibly New ork agency Deemstthis projectment of r within atheirsjurisdiction - approval if this ag y 11. Does any aspect of the action have a currently valid permit or approval? El Yes No If yes,list agency name and permit/approval type ed action will existing permit/approval require modification? 12. As result of prop , ❑ Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE �10 Henry E. Raynor; Jr; Agent for Date. —413 Applicantlsponsor name: i s anoW i c Z I l l Signature: r Elf the action is in the Coastal Area, and you are a state agency, complete the . Coastal Assessment Form before proceeding with this assessment OVER a: R PART II Environmental Assessment(To be completed by Agency) ' A. Does action exceed any Type I threshold in 6 NYCRR,Part 617.12? If yes,coordinate the review process and use the FULULONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR,Part 617.7? If No,a negative declaration may be superceded by another involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosion, drainage or flooding problems?Explain briefly: C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain brief C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly. CS. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1-C6?Explain briefly. C7. A change in use of either quantity or type of energy?Explain briefly. PART-III Determination of Significance(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural); (b) probability of occurring; (c)duration;(d) irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then .proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ 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 AND provide here, and on attachments as necessary, the reasons supportng this determination: i i Agency Name Agency Preparer's Name Preparers Signaturefritle . Date PLANK ING;BOA.RD oF'SOUTH.OLD ': SUFFO.LK.=�CQU.N.TY S.outhold,.N.Y. 11971. (516) 765-1938 Subdivision Review Section Suffolk County Department of Planning H. Lee Dennison Executive Office Building - 12th Flr. Veterans Memorial Highway Hauppauge , New York 11787 Gentlemen: We are hereby submitting the preliminary subdivis on map of Fm (2 Cch O 'LZ --�-p located in �OY11G to you for your comments . u Wild This proposed subdivision when in proposed final plat stage will be referred to the Suffolk County Planning Commission pursuant to Sec- tion 133.3 , Article XIII of the Suffolk. County Charter. We, therefore, acknowledge that the comments made by the staff of the Planning De- partment on the preliminary subdivision map are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are comments made by the staff binding upon the Commission in its re- view of this proposed subdivision. Tax Parcel Identifier Number: Ibco_ 8� ZA _ Materials submitted: �/ Preliminary Map (3 copies) /� Topographic Map (1 copy) Drainage Plan (1 copy) Street Profiles (1 copy) Proposed Grading Plan (1 copy) ; Other materials (specify and give number of copies) Comments : Very truly yours, Bennett Orlowski, Jr. ,' Chairman Southold Town Planning Board Pt -NI r NG,B; ARD a7r'A� ti h TOV N OF'SOUTROID. SUEFOI:K vCOI1.N..TY '.s Southold, N.Y. 11971 (516) 765-1938 wav e.rnber Subdivision Review Section Suffolk County Department of Planning H. Lee Dennison Executive Office Building - 12th Flr. Veterans Memorial Highway Hauppauge., New York 11787 Gentlemen: We are hereby submitting the preliminary subdivision map. of �IC�I O LZ TIL- located in _,6, to you for your comments . a Wild OD 1+ This proposed subdivision when in proposed final plat stage will be referred to the Suffolk :County Planning Commission pursuant to Sec-. tion 1333 , Article XIII of the Suffolk County Charter. We, therefore, acknowledge that the c.o.=ents .made by the staff of the Planning De- partment on the preliminary subdivision map are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are comments made by the staff binding upon the Commission in its re- view of this proposed subdivision. Tax Parcel Identifier Number: I(D 8(D Materials submitted: Preliminary Map (3 copies) X Topographic Map (1 copy) ; Drainage Plan (1 copy) Street Profiles (1 copy) ; Proposed Grading Plan (1 copy) ; Other materials (specify and give number of copies) Comments: Very truly yours , Bennett Orlowski, Jr. , Chairman Southold Town Planning Board 0 Highway Department SEC 15 Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Superintendent •734-5211 December 12, 1986 Mr. Bennett Orlowski, Jr. , Chariman Southold Town Planning Board Main Road Southold, New York 11971 Re: Sketch plan, dated November 7, 1986, Major Subdivision "Wild Oats" for Frank Cichanowicz III Dear Mr. Orlowski: The location and dimensions of the common paved asphalt driveways with gutters and leaching basins as shown are approved. The driveway pavement to be 20 ft. .in width with 2z ft. of concave gutter on each side with a 2" drop in the center. Grading behind gutters where necessary to be 1 on 2. There is an existing catch basin on the west side of the road at the intersection of Leslie's Road and Indian Neck Lane piped underground to the low area on the east side. Also, an outlet pipe ( 12") on the east side of Indian Neck Lane at the intersection draining to the same low area. The above installations are not shown on the map. ReC;, L. ly, Ra Jacob Superintendent of Highways RLJ/pls P L'A:N WI . B R_D SL' Southold,,N.Y. 11971 (516) 765-1938 19S7 Robert Brown Sidney and. Bowne and Son Hauppague., NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of or sub divi o minor subdivision, site plan) E.CtnkDCiChCL-nowic-z, Hamlet '1 eCYIIC. - . MATERIAL SUBMITTED: File Suffolk County Tax Map No. y nc�- Ske.t.ch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other 15 re-h rm no- lan 'IyJC.10 r e- C Comments: Very truly yours, BENNETT ORLOWSKI, JR. ,CHAIRkLAN SOUTHOLD TOWN PLANNING BOARD B:U-A.R D S L , IN 'Y Southold, N.Y. 11971 (516) 765-1938 1g(S7 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of u 'or subdivision,minor subdivision, site plan) Fyank. Ccha-nowic.z,' -In hP_ l n����� ''��► i1d OCZ�3' Hamlet Peen hL' MATERIAL SUBMITTED: File # Suffolk County flax Map No. I OC�,O- Sketch, plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other —N-5 prp-�In-)(-nanA vlLn IV1C�l� 2 re yes-►-c �- h r, s� Y-Fi � Comments: Very truly yours, BENNETT ORLOWSKI, JR. ,CHAIFMLkN SOUTHOLD TOWN PLANNING BOARD Highway Department ®CT 14 1986 Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Superintendent •734-5211 To: Bennett Orlowski, Jr. , Chairman Date: . October 10, 1986 Southold Town Planning Board From: . Raymond L. Jacobs, Superintendent Southold Town Highway Department Re: Sketch plan - major subdivision, "Wild. 0ats" for Frank ,Cichanowicz Map by VanTuyl dated amended August 1, 1986 Comments: At present there is no drainage problem at Lot No. 7. There is a 12" pipe that drains this low point into Town 'owned property. The low point receives runoff from Leslie's Road and Indian Neck Lane from north and south directions in this area. There will be additional runoff to the low point when houses are built and the areas graded. Most of the lots frontage is .from 2 ft. to 4 ft. higher than the existing road. Provided the driveway .locations as shown are mandatory would recommend the following: Install 8 ft. diam.. by 4 ft. leaching basins with reinforced top slab and inlet casting at every other common lot property line starting at the southeast corner of lot no. 9. Also,' the driveways to be paved before a certificate of occupancy is issued. . A paved driveway and gutter with a 2" course of asphalt binder mix on a 6" base of sand and gravel should be sufficient. The leaching basins can .be placed in the Indian Neck R.O.W. Pymond Jac s 0\\7 �— A Highway Departments 1Q Town of Southold Peco.nic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Superintendent -734-5211 To: Bennett Orlowski, Jr. , :Chairman Date: October 10, 1986 Southold Town Planning Board From: Raymond L. Jacobs , Superintendent .S.outhold Town Highway Department Re: Sketch plan - major subdivision, "Wild Oats" for Frank Cichanowicz Map by VanTuyl dated, amended August 1 , 1986 Comments: At present there is no drainage problem at Lot No. 7. There is a. 12" pipe that drains. this low point into Town owned property. The low point receives runoff from Les.lie's Road ..and Indian Neck Lane from north and south directions in this area. There will be additional runoff to the low point when houses are built and the areas graded. Most of the lots frontage is from 2 ft. :to 4 ft . higher than the existing road. Provided the driveway locations as shown are mandatory would recommend the following: Install 8. ft. diam. by 4 ft. leaching basins with reinforced top slab and inlet casting at every other common lot property line starting at the southeast corner of lot no. 9. Also, the driveways to be paved before a certificate of occupancy is issued. . A paved driveway and gutter with a 2" course of asphalt binder mix on a 6." base of sand and gravel should be sufficient. The leaching basins can be placed in the Indian Neck R.O.W. ILIZ L C/ aymond L1. Jac s C- t re� t..•ri Ucc, Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Superintendent 734-5211 December 1,2, 1986 Mr. B.ennet.t Orlowski, Jr. , Chariman Southold Town Planning Board M.,;n Road Southold, New. York 11971 Re: Sketch plan, dated November 7, 1986, Major Subdivision "Wild Oats."' for Frank Cichanowicz III Dear Mr. Orlowski: The location and dimensions of the common paved asphalt driveways with gutters and leaching basins as shown .are approved. The driveway pavement to be 20 ft . in width with 22 ft . of concave gutter on each side with a 2" drop in the center. Grading behind gutters where necessary to be 1 on 2. There is an existing catch basin on the West side of the road at the intersection of Leslie's Road and Indian Neck Lane piped underground to the low area on the .east side. Also, an outlet pipe ( 12") on the east side of Indian Neck Lane at the intersection draining to the same low area. The above installations are not shown on the map. Res.pec.t�aly, ' / Ray to . Jacob Superintendent of Highways RLJ/pls P. O. Drawer A Jamesport, NY 11947 September 191 1987 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Mr. Orlowski : Under separate cover you should be in receipt of six prints of the Preliminary subdivision plan for Wild Oats at Peconic, New York. Please set same for the earliest possible public hearing. It is my understanding that this subdivision does not fall within the jurisdiction of the Suffolk County Planning Commission, therefore comments and recommendations from the Commission will not be needed before a preliminary hearing can be set. Sincerely, Henry Ra o HER:ml RECEIVED BY CC: Frank Cichanowicz SOUTHOLD T02�Ljg JORRD SEP !� a rp r a J AN 22 193B P. O. Drawer A Jamesport, NY 11947 January 18, 1988 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 RE:,- Wild Oats major subdivision at Peconic, New York Dear Mr. Orlowski : Would you please advise me of the status of the above captioned matter. This proposed subdivision has been in your office since September 13, 1986. As considerable time has already passed, I would appreciate this matter being placed on the next available agenda. If you require any further information, please don't hesitate to contact me. S ' ncerely, H my Raynor, r. HER:ml CC: Frank Cichanowicz ��FF°mac L D Southold, N.Y. 11971 (516) 765-1938 December 10, 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Wild Oats Dear Mr. Raynor: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, December 8, 1986. RESOLVED that the Southold Town Planning Board approve the sketch map for -the major subdivision of Frank Cichanowicz , III to be known as' "Wild Oats" located at Indian Neck Lane, Peconic for 7 lots on 14. 734 acres, survey dated as -amended November 7, 1986, in the cluster concept. Upon receipt of the preliminary submission, we will schedule this matter for a public hearing and make the necessary referrals. If you have any questions, please don' t hesitate to contact our office. Very truly yours, eaLLkzo�- 0-"ki ` IV BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary S lE Y Southold, N.Y. 11971 (516) 765-1938 December 10 , 1986 Mr. Raymond Jacobs Superintendent of Highways Peconic Lane Peconic, NY 11958 Re: Frank Cichanowicz III "Wild Oats" Dear Mr. Jacobs: Enclosed, for your files, is a copy of the amended map for the above mentioned proposal which now indicates the driveways and drainage as per your recommendation. Very truly yours, Diane M. Schultze, Secretary Southold Town Planning Board enc. P sl Noy 18 P. O. Drawer A Jamesport, NY 11947 November 17, 1986 Southold Town Planning Board Main Road Southold, NY 11971 Dear Sirs: Please find enclosed six prints of the yield map - sketch plan of major subdivision to be known as Wild Oats at Peconic, New York, as per your request . Sincer 1 Henry . / taor, Jr. HER:ml Encs. r (PaT P. O. Drawer A Jamesport, NY 11947 October 23, 1986 Southold Town Planning Board - Main Road Southold, NY 11971 Dear Sirs : Please find enclosed a letter of determination from the New York State -Department of Environmental Conservation in regard to the proposed Wild Oats major subdivision in Peconic, New York, stating that no permit from their agency is required. Sincerely, my . Ray o , Jr. HER:ml Enc. CC: Frank Cichanowicz III OCT 27 1986 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 Stony Brook, N. Y. 11794 (516) 751-7900 Dear A review has been made of your proposal to: Location: -'vzwr� IYork State Department of Environmental Conservation has found the parcel project to be: Greater than 300' from inventoried tidal wetlands. ��oo Landward of a substantial man-made structures greater than '100' in length constructed prior to September 20, 1977. Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . Landward of topographical crest of bluff, cliff or dune in excess of 10' in -elevation above man sea level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Very truly yours, Alternate Regional Permit Administrator \a T c (j'U f LD 0'. TY Southold, N.Y. 11971 (516) 765-1938 October 21, 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 RE: Frank Cichanowicz, III "Wild Oats" Dear Mr. Raynor: Please let this confirm the following actions taken by the Southold Town Planning Board, Monday,October 20, 1986. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the major subdivision of Frank Cichanowicz ,III to be known as "Wild Oats" located at Indian Neck Lane, Peconic. An initial determination of non-significance has been made. RESOLVED that the Southold Town Planning Board accept and request compliance with the report of the Highway Superintendent, Raymond Jacobs, with regard to the major subdivision of Frank Cichanowicz , III to be known as "Wild Oats" located at Indian ' Neck Lane, Peconic. Enclosed is a copy of the report for your review. If you have any questions, please don' t hesitate to contact our office. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. \I TiQ °`S{OU, rid; LD Southold, N.Y. 11971 (516) 765-1938 October 7, 1986 Mr. Raymond .Jacobs Highway Superintendent Peconic Lane Peconic, NY 11958 RE: "Wild Oats" subdivision Frank Cichanowicz - owner Dear Mr. Jacobs: Enclosed is a subdivision map for the above mentioned proposal located at Indian Neck Lane, Peconic. The Board requests your review and comments with regard to a possible drainage problem in the area of Lot No. 7. Thank you for your assistance in this matter. If you have any questions , please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. FTr- FDC��� q A "I' f4 SQ7 LD S (� Y Southold, N.Y. 11971 (516) 765-1938 October 7, 1986, Mr. Henry E. Raynor, JR. 320 Love Lane Mattituck, NY 11952 RE: Wild Oats Dear Mr. .Raynor: Please let this confirm the discussion of the Planning Board at the Monday, October 6, meeting with regard to the above mentioned subdivision. It was the consensus of the Board to request a yield map for this proposal. Also, the Board will forward this to the Highway Superintendent for his review with regard to a possible drainage problem in the area of Lot No. 7. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary - S I I � P - ''I[��uT���� �.c.�Q�csuf ��ALNah� - t+R�Y_Y�J.�If r�s�+•� I ;S P APPLICATION FOR APPROVAL OF PLAT 'To the Planning Board of the Town of Southold: The undersigned applicant hereby,applies for (tentative) YMN4 approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the Iand under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . . . .. .4Vild Oats . . . . . .. . . .... .. . . .. . . . . . .. . . .. . . . . .. . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: ?? Liber . .. .. . . .�.J. . . .. . Page . .. . . . .. . . .. . . On ; Liber . .... .. .. .. ...... ....... Page . . . .. .. . . . . .. . . .. . . .. . On . . ... .. .. .. Liber . . . . . .. .. .. .. .... .. .. .. . Page . . . .. . . .. .. . . .. .. . . Liber . . . . . .. .. .... .... .... .. . Page .. On . . . .... .. . Liber . .. . . .... .... ........... Page . .. .. . . .. . . .. . . .. .. .. . On . . . .. .. .. . . as devised under the Last Will and Testament of . .. . . .. .. .. . . .. .. .. ... . .. .. .. . . . ... .... oras distributee . .... .. .. .. .. ........ .. .. .. . . .. .. .. .. .. . . .. .. . . .. . . .. .. ...... . . . .. . . .... 5. The area of the land is 14. 734 acres. 6. All taxes which are liens on the land at the date hereof have been paid x-AffF 7. The land is encumbered by . .. .. ... j ... . . ., .. .Y)Y 4 Q i( mortgage (s) as follows: .... . . •. . . ... .• . (a) Mortgage recorded in Liber . .. .. . . . . . . . . . Pare . . . . . .. . . . . . . . . .. . in original amount Of $. .. .. .. . .. . unpaid amount $ . .... . . . . . . . . . . . . . .. . held b . . . . .. .. . . .. .. .. . address . .. ...... .. . . . .. .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . ... . . . .. . .... . . .. . . (b) Mortgage recorded in Liber . .. . . .. . . Page . . . .. . . . . .. .. . . . . . . . .. . in original amount Of . .. .. . . .. . . .. . unpaid amount $. .. .. . . . . . . .. . . . . . . . . . held by . .. .. .. .. .. .. . . .. .. .. . . .. .. .. .. .. .. . address . .. .... .. .. .. . .. . . . . . . . . . . . . . . . .. . . . . . . .. . . .. .. . . . . ........ . . .. rf (c) Mortgage recorded in Liber . .. .. .. . . .. .. . Page . . . .. . . .. .. .. .. . in original amount of . .. ... . . . . . .. . unpaid amount $. . . . . . . .. . . .. .. . . .. .. . held by . .. .. .. .. ... . .. .... ... address . .. . . .. . . . . . . .. .. . . .. .. .. .. . . .. . . .. .. ...... .. . . . . ... ... . . 8. There are no other encumbrances or liens against the land except . .. . . .. .. .. .. . . .. .. . . .. . . .. .. .. .. .. .. . . . . .. . . .. . . .. . . . . .. . . .. . . . . . . . . . . .. . . .. . . .. .. ...... .. ................. 9. The land lies in the following zoning use districts . ., , AR80: ... . ... .. ...... .. . . .. . . . . .. . . . . .. . . . . . . .. . . .. . . .. . . . . .. .. . . . ... .. .. .. ..... . .. . .. .. .. ... . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept ... .N�A. .. .. .... . ... ... . .. .. ... . .. . . . . . .. . . .. .. . . . . . . ...... .. ... ... ..... ..... . 11. The applicant shall at his expense install all required public improvements. 12. The land �i-6&� (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .. .. . . .. . . .. .. . . . . .... . . .. .. .. . . .. .. .. .. .. . . ... . . . . . . .. . . . .. . 13. Water mains will be laid by . . . . . . .�7/A.. . . .. . . . . .. . . .. .. . . . . . . .. . . .. .. .. . . . . . . . .. . . . .. . and (a) (no) charge will be made.for installing said mains. 14. Electric lines and si.ndards will be installed by . .. . . . T ITW!... .. ...... .. . . .. .. .. .. . ... • •• •• •. .• . . .. . . . . . . .. .. . .. .. .. .. . . . and (a) (no) charge will be made for installing said lines. 15. 'Gas mains will be installed by . .. .NSA. .. .. . . . . . . . . .. .. .. . . .. .. . . .. . . .. .. . . . .. . . .. ... . .. . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "L" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there 'are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots sho«ing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $. .... .. .. . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. .. .. .. . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE . .... .. .... .. .. ...... .. .. ...... 19. .. . . . (Name p licant) By . .. . (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF . .. A . . .... .. . . .. .. ss On the . . . . . .. . day of. .. . . . . . . .. .. . . .1 19. 40�(A., before me personally came �. .. . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .. .. . . .. . . . executed the same. N ry Public JU I H B.WURTZ tl6i4RY PUBLIC,State of New York No,4787124,Suffolk Count STATE OF NEW YORK, COUNTY OF . . .. .. .. . ss: Term Expired March 30,17 On the . ..1)I f... . . day of . . . . . . . .. . . .. .. 19.6., before me personally came IJ/-111t� e2 !. �. . ..41k to me known, who being by me duly sworn did de- pose and say that . .. 9— .r . resides at No. : `�. . .ZS Sv, ¢✓ 5� . . . . . . . . . . . . that . .. . . . . . . . . .. . . .. .. .. .. .. . is the . .. . . . . .. . ... .. . . .. .. . . .. .. . of . . . .. ... . .. .. .. . . . . . . ... . .. . . .. . . . . .. . . . . .. . . .. .. .. .. .. .... . .. . . ... . . .. . . . the corporation described in and which executed the foregoing instrument; that . .. . . . . . . .. . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that . . . .. . . .. . . . signed . .. .. .. ... . .. . name thereto by like order. Wtary'Public . JU am S.'lUffZ uOTARY PUBLIC,State O Niew COuoVorh No.4797124, Term Expires March 36,190 _ R U PACE 03 Standard N.Y.B.T.U. Form 8002— —Barale Deed,with Covenants against Grantor's Acfs—Inur Cocpuration. (single sheet) CONSULT YOUR LAWYER BEFORE SINNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 30th day of January , nineteen hundred and seventy-four BETWEEN JOHN PONrINO, residing at 1500 Indian Neck Lane, Peconic, New York and JOSEPH PONTINO, also residing at-no number Indian Neck Lane, Peconic, New York party of.the first part,and FRANK CICRW0T,1ICZ III, residing at no number Lupen Drive, East �Cutchogue, New York r party of the second part, WITNESSETH, that the party of tfie first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs ,gt or successors and assigns of the party of the second part forever, I ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected situ e, lying and being i at Peconic, Town of Southold, County of Suffolk and StRe of New York, bounded and described as follows: 3 •r} BEGINNING at a point on the westerly side of Indian Neck Lane where the same is intersected by the northerly side of land now of formerly of Geiger, which point is also where the westerly side of Indian Neck Lane is intersected by the north- westerly side of Leslie's Road; running thence along said land of Geiger, south 83 degrees 11 minutes 20 seconds west 457.28 feet to land now or formerly of R. Koraleski; running thence along said land north 21 degrees 46 minutes 30 seconds west 1203.26 feet to land.now or formerly of Mahnken; running thence along said land,,north 61 degrees 21 minutes 10 seconds east 310. 86 feet to land now or form- erly of John Pontino; running thence along said land south 24 degrees 00 minutes east -200 feet and north 61 degrees 21 minutes 10 seconds east 231.83 "feet to the westerly side of Indian Neck Lane; running thence along the westerly side of Indian Neck Lane, south 24 degrees 00 minutes east 488.75 feet and south 11 degrees 42 minutes SO seconds east 708.92 feet to the point or place of BEGINNING. John Pontino, one of the grantors herein is the same person as John. Pontino, the grantee in a certain deed dated 12-14-1970, recorded 12-15-1970 in liber 68SS cp 342. Joseph Pontino, one of the grantors herein is the same person as Joseph Pontino, the grantee in a certain deed dated 12-14-1970, recorded 1-3-1974 in liber 7562 cp 522. i TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGE'rHEI: with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. �I AND the party of the first part covenants that the party of the"first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be appli--d first for the purpose of paying the cost of the improvement and.will apply the same first to the payment of the cost of the improvement before using any part of the total of the salve for �I any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of thisindenture so requires. IN WITNESS WHEREOF, the party of the first part has:duly executed this deed the day and year first above written. IN RESENCE OF: ,r gobn" Pontin I, {' ont o 7 LIBLR7583 Pw 04 STATE OF NEW YORK, COUNTY OP SUFFOLK SS: STATE OF FORW YORK. COU or 55. On the 30th 'day of January 19 74 before me On the day of 19 before me personally came John Pontino and Joseph Pontino personally tame to me known to be the individual s described in and who to me known to be the individual .,"described in and who executed the foregoing instrument, and acknowledged that executed the foregoing' instrument and :acknowledged that they executed the same. executed the same.,,, 0, T�: Ad.A L:E ESTATE STELE E 01" L "K TRARSFERJAIO N F W y 0 P, 4, 0 - RICHARD K. LINDBLAD f . . NOTARY PUBLIC,Stato of New Yezk FET 4-74 1 No. 52-7556060 -Suffolk Count rinnlup� F B._L 1-15 z Term Expires March 30. 197 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW'YORK, COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that 'being by me duly � I at he resides at No. whom I am personally acquainted, who, sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that be to be the individual knows the seal of said corporation; that the seal affixed describe(] 'in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same and that he, said witness, tion, and that he signed li name thereto by like order. at the same time subscribed h name as witness thereto. j WITH COVENANT A.GAINST*GRANToR's Ac-rs SECTION TITLE NO. 1283634 BLOCK ; PONFINO j LOT`I a - TO COUNTY OR TOWM i' CICI"WICZ, III Recorded at Request of CHICAGO TITLE INSURANCE COMPANY_.. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to F E B 197A Distributed by Gary F. Olsen, Esq. C11311C,&GO '11711W1611C P.O. Box 247, Main Road 11WSUIMAMCM COMIPIAIVY- Mattituck, New i York Zip No. 11952 N 0 z 6 0 LAA LL U- 0 Cn C 0 '71 LL Uj 0cP < co Ik. V) ac W V)Lij f t P. Q. Drawer A Jamesport, NY 11947 August 27, 1986 Southold Town Board of Trustees Main Road Southold, NY 11971 Dear Sirs ; Please find enclosed a copy of the proposed subdivision "Wild oats" at Tndian Neck Lane, Peconic , New York. Should this proposed subdivision require your department' s approval, please forward to the above address , the required paperwork necessary for application to your Board . Should this subdivision not be within your jurisdiction, please forward to the above addres a letter stating same . Best regards , enry Rayn r, J HBR:ml Inc . - su rvey J SEp HENRY P. SMITH, President � Yi t �i JOHN M. BREDEMEYER, Vice-Pres. c ` .« TELEPHONE (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ®" ELLEN M. LARSEN �,( 471, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 11, 1986 Mr. Henry E. Raynor, Jr. P. 0. Drawer A Jamesport, New York 11947 Re: "Wild Oats" Subdivision Indian Neck Lane, Peconic, NY Dear Mr. Raynor: Pursuant to your request for a determination on jurisdiction regarding the above captioned matter, please be advised that the Trustees do not get involved with the Subdivision process. That matter is handled by the Planning Board. At such time as activity is to take place on the subject lots, then you can return to this office for a determination on jurisdiction in this matter. If you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Henry P. 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