TOWN OF RIVERHEAD
Resolution 2019-170
AUTHORIZES NOTICE OF PUBLIC HEARING TO REDUCE FROM 300 TO 277 UNITS OF RIVERHEAD FLAGG CORPORATION AND ACCEPT DECLARATION OF COVENANTS AND RESTRICTIONS TO LIMIT AND EXHAUST ALL REMAINING RIGHTS TO CONSTRUCT CONDOMINIUM UNITS APPROVED BY SPECIAL PERMIT OF THE TOWN BOARD BY RESOLUTIONM #680 DATED NOVEMBER 3, 1982
Councilman Hubbard offered the following resolution,
which was seconded by Councilwoman Kent
WHEREAS, Town Board Resolution #680 dated November 3, 1982 approved the Special Permit of Riverhead Flagg Corporation permitting the construction of 300 clustered condominium units on 47 acres (the “Property”) of a 191 acre golf course parcel subject to future site planning; and
WHEREAS, site plans for the build out of the permitted condominium units on the Property have been approved in several phases and sections including 126 units approved as The Bluffs at Baiting Hollow, 108 units originally approved as The Knolls of Fox Hill Phases I and II that included 20 units developed as The Knolls of Fox Hill Phase III-A and 24 units identified as III-B ultimately approved and developed as The Reserve at Baiting Hollow, 16 units approved as Section II of The Knolls of Fox Hill (defacto Phase IV) known as The Fairway, and Phase V of The Knolls of Fox Hill that includes 6 units originally approved by the Town Planning Board on January 5, 2001 and 21 additional units approved by the Town Planning Board as The Vistas of Baiting Hollow on June 21, 2018 totaling 277 clustered condominium units; and
WHEREAS, the latest site plan approval granted by the Town Planning Board for the additional 21 units in Phase V to be developed as The Vistas of Baiting Hollow brings the total number of clustered condominium units approved for construction upon the Property pursuant to the Special Permit granted by the Town Board on November 3, 1982 to 277 units; and
WHEREAS, with the agreement of the Applicant, as part of its site planning authority, the Town Planning Board has determined that no further condominium units, above the 277 may be constructed upon the Property and has required as a condition of approval of said 21 additional condominium units that the Town Board of the Town of Riverhead amend the Special Permit Granted by Town Board Resolution #680 adopted November 3, 1982 to reduce and restate the total maximum number of clustered condominium units to be 277 and not 300 as previously approved; and
WHEREAS, the proposed covenant shall state as follows:
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made this _____ day of December 2018, by The Knolls of Fox Hill, Inc., a New York corporation, with offices located at 377 Oak Street, Suite 110, Garden City, New York 11530, hereinafter referred to as the DECLARANT.
WITNESSETH:
WHEREAS, the Town Board of the Town of Riverhead, by Resolution #680 dated November 3, 1982, granted a Special Permit for the construction of 300 condominium units clustered upon 47 acres along the Long Island Sound (the “Property”) of a 191 acre golf course in Baiting Hollow subject to future site planning; and
WHEREAS, site plans for the build out of the permitted condominium units on the Property have been approved in several phases and sections including 126 units approved as The Bluffs at Baiting Hollow; 108 units originally approved as The Knolls of Fox Hill Phases I and II that included 20 units later developed as The Knolls of Fox Hill Phase III-A and 24 units identified as Phase III-B ultimately approved and developed as The Reserve at Baiting Hollow; 16 units approved as Section II of The Knolls of Fox Hill (defacto Phase IV) known as The Fairway; and Phase V of The Knolls of Fox Hill that includes 6 units originally approved by the Town Planning Board on January 5, 2001 and 21 additional units approved by the Town Planning Board as The Vistas of Baiting Hollow on June 21, 2018; and
WHEREAS, the latest site plan approval granted by the Town Planning Board for the additional 21 units in Phase V to be developed as The Vistas of Baiting Hollow brings the total number of clustered condominium units approved for construction upon the Property pursuant to the Special Permit granted by the Town Board on November 3, 1982 to 277 units; and
WHEREAS, the Town of Riverhead Planning Board, under Resolution No. 2018-053 adopted on June 21, 2018, granted approval of the Final Site Plan application submitted by The Vistas of Baiting Hollow LLC, hereinafter referred to as the APPLICANT and deemed it to be in the best interests of the Town of Riverhead, that the Special Permit granted by the Town Board by Resolution #680 dated November 3, 1982, permitting the construction of 300 clustered condominium units along the Long Island Sound subject to future site planning, be modified to state that no more than 277 units shall be permitted to be constructed as authorized by said Special Permit of the Town Board; and
WHEREAS, as part of its site planning authority, the Town Planning Board has determined that no further condominium units may be constructed upon the Property.
WHEREAS, DECLARANT is the owner of certain real property situate in the Town of Riverhead, Suffolk County, New York, more particularly bounded and described as set forth in SCHEDULE “A” annexed hereto, hereinafter referred to as the PREMISES; and
WHEREAS, the Town Board, by Resolution # dated December 18, 2018, authorized the Town Supervisor to accept a Declaration of Covenants and Restrictions by the DECLARANT that limited the number of condominium units authorized to be constructed pursuant to the Special Permit granted by Town Board Resolution #680 dated November 3, 1982 to 277 units; and
WHEREAS, DECLARANT and APPLICANT have considered the foregoing and determined that it will be in their best interests and the best interests of subsequent owners of the PREMISES that the within covenants and restrictions be imposed upon the PREMISES;
NOW, THEREFORE, THE DECLARANT WITNESSETH:
That DECLARANT, for the purpose of carrying out the intentions expressed above, does hereby make known, admit, publish, covenant and agree that said PREMISES herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said PREMISES, their heirs, executors, legal representatives, distributes, successors and assigns, to wit:
- That the total number of condominium units to be constructed upon the Property pursuant to the Special Permit of the Riverhead Town Board under Resolution #680 dated November 3, 1982 is hereby limited to 277 units.
- That the future site planning for the property is now complete.
- That the Final Site Plan approval granted by the Town Planning Board by Resolution No. 2018-053 adopted on June 21, 2018 for the construction of 21 units by the APPLICANT exhausts all remaining rights under the Special Permit granted by the Town Board to construct condominium units on the Property.
- That as part of its site planning authority, the Town Planning Board has determined that no further condominium units may be constructed upon the Property.
- That this covenant, shall be recorded in the Office of the Suffolk County Clerk and a copy of such recorded covenant shall be filed with the Riverhead Town Clerk.
- The filing of a copy of such recorded covenant with the Riverhead Town Clerk satisfies the condition of the Final Site Plan approval of the APPLICANT requiring the modification of the Special Permit approved by the Town Board by Resolution #680 dated November 3, 1982.
The aforementioned Restrictive Covenants shall be enforceable by the Town of Riverhead, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Riverhead to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Riverhead or any officer or employee thereof.
These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the Town of Riverhead.
If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional.
The DECLARANT hereby represents and warrants that it has not offered or given any gratuity to any official, employee, or agent of the Town of Riverhead, Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement.
WHEREAS, the Town Board desires to hold a public hearing at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901 on April 2, 2019 at 2:10 p.m. to hear all interested persons regarding the Amendment of Town Board Resolution #680 adopted November 3, 1982 to reduce and restate the total maximum number of condominium units to be 277 and not 300 as previously approved and to require the execution and recoding of the attached Covenant with the Clerk of Suffolk County
NOW THEREFORE BE IT RESOLVED, that the Town Clerk be and is hereby authorized to publish and post a copy of this resolution in full in the March 14, 2019 edition of the Riverhead News-Review and to post such notice upon the official posting board of the Riverhead Town Clerk; and
BE IT FURTHER RESOLVED, that The Knolls of Fox Hill, Inc. shall cause a complete copy of this Resolution and the attached NOTICE OF PUBLIC HEARING to be personally served upon the following property owners who may claim a right of interest in the Special Permit of the Riverhead Town Board granted by Resolution #680 Adopted November 3, 1982:
List: 1. The Bluffs of Baiting Hollow Condominium I (SCTM Section 011.01)
SCTM 0600-040.00-05.00-007.000
The Bluffs At Baiting Hollow HOA, Inc.
c/o Marianne Schmidt
Choice Professional Management
525 West Jericho Turnpike
Smithtown, NY 11787
Denise Casio, President of Joint HOA
16 Sunbonnet Lane
Bellport, NY 11713
2. The Knolls of Fox Hill Condominium IA, IB, IIA, IIIA, IIIB (SCTM Section 011.02)
The Knolls of Fox Hill HOA, Inc.
c/o Alan Leibowitz
Knolls Management Services
780 Route 25A
Rocky Point, NY 11778
Bill Tuthill, President
1009 Bluffs Drive North
Baiting Hollow, NY 11933
3. The Knolls of Fox Hill Condominium Section 2 – Phase IV (SCTM Section 040.03)
SCTM 0600-040.00-05.00-006.002
c/o Janet Ottaiano, President
7 Mariners Walk
Oyster Bay, NY 11771
4. Soundview Associates
SCTM 0600-040.00-02.00-010.003
100 Club Drive
Baiting Hollow, NY 11933
5. The Knolls of Fox Hill, Inc.
SCTM 0600-040.00-05.00-006.001
377 Oak Street
Garden City, NY 11530
BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward copies of this Resolution to Christopher E. Kent, Esq., Farrell Fritz, P.C., 100 Motor Parkway, Suite 138, Hauppauge, New York 11788; Russell A. Mohr, Asst. Secretary, The Knolls of Fox Hill, Inc., 377 Oak Street, Suite 110, Garden City, New York 11530; the Chairman of the Town Planning Board; the Planning and Building Administrator of the Town of Riverhead; and the Office of the Town Attorney; and
BE IT FURTHER RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk.
THE VOTE
Kent, yes; Hubbard, yes; Giglio, yes; Wooten, yes; Jens-Smith, yes
Resolution Adopted
