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HomeMy WebLinkAbout1000-99.-3-4.15 V ��j�� � TOWN OF SOUTHOLD Rental Permit 0351 Owner Edward Tumminelli & Jenna Scelfo Occupied as Single Family Dwelling (2 Units) Located at 310 Bailey Beach Rd Mattituck 99-3-4.15 Maximum Permitted Occupancy 10 Is in compliance with all of the provisions of the code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and by the laws adopted by the New York State Fire Prevention and Building Code Council. Expiration is two (2) years from date of issue. The operator is responsible for arranging for the bi-annual inspection. 10/19/2022 Code Enforc�i nt Official This Notice must be posted by the main entrance at all times ► F�L �,+ ' k.µ Town Hall Annex SOUTHOLD TOWN 54375 Main Road PO Box 1179 Southold, Rental Inspection NY 11971-1179 Tel: 631-765-1802 r Fax 631-765-9502 Date C� Z �- ,¢ ..)( Phpr Sly0 7 0 �y0 %�/�/i reet"We LEVELS , Smoke Detectors (#- bedroom detectors excluded) Carbon Monoxide Detectors (#) Fire Extinguishers (#) Exits (#) BEDROOMS Smoke Detector Alarms (#) Carbon Monoxide Alarms (#) Egress (windows) (Y/N) BUILDING SYSTEMS CONDITION OF PROPERTYJN Heating system maintained/operational Building Interior is clean/maintained Hot water system maintained/operational Building Exterior is clean/ maintained Electrical system maintained/operational Property is clean/safe/maintained Mechanical system maintained/operational Handrails & guards present POOLS . N POOL BARRIERSN Pool present Pool is completely enclosed Pool surface alarm and/or door alarm Barrier is a min. 48" high resent POOL GATES 1N All openings in barrier less than 4" Self-closing, self-latching Max. 2"clearance @ bottom of barrier Latch on pool side of gate, meets height Barrier capable of being locked &child- requirements proof when unattended COMMENTS: TOWN OF SOUTHOLD Rental Permit Permit No. 0351 Owner Edward Tumminelli & Jenna Scelfo Occupied as Single Family Dwelling Located at 310 Bailie Beach Road Mattituck 99-3-4.15 Village S/13/1- Maximum Permitted Occupancy 6 Is in compliance with all of the provisions of the code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and by the laws adopted by the New York State Fire Prevention and Building Code Council. Expiration is two (2) years from date of issue. The operator is responsible for arranging for the bi-annual inspection. 10/14/2020 John Jarski Date of Issue Code Enforcement Officer This Notice must be posted by the main entrance at all times A 1\ Town Hall Annex Z'' Telephone(631)765-1802 54375 Main Road Fail(631)765-9502 i !irtl P.O.Box 1179 `�'�'� ' Southold,NY 11971-0959 BUILDING DEPARTMENT : Tqt j F,SOUTTHOIIP MAY 2 8 2019 RENTAL PERMIT APPLICATION, -; IT. Rental Permit Fee$200(Application must be renewed every two years) Section A. Property Information: Rental Property Address: Tax Map Number: 1000 SECTION ..-QgL3_,Q_-Q -BL'O,� -LOT O®LII D I SECTION B. OWNER INFORMATION: Property Owner Name:- h IX4 See i t Property Owner Legal-Address:.,. Property 0wner-Mailing Address: Q0 011C he d ,.Long- _t3edC 6. A/y 11 51b _ - --- -= - - - --_- - 6 X78 . .,� ,� - ,,,;, ,.•�� Telephone Number(s): Daytime 6"60 _ Evening Emergency j � Property Owner Email Address: e d'1 V�')r�7 r►e /A. !2M a4[ �o CDS_ "�N,DO _ ac_ q g(0_7 6 -3—/9 3 Page 1 of 5 i A/ " ' Tel hone 63l 765-1802 Town Hall Annex 'f s P, ( ) 54375 Main Road # �• Faz(63'1)765-9502 P.O.Box 1179 Southold;NY 1197-1-0959 WILDIN&DEPARTMENT V Tb* &O 90IPTHbLD' r RENTAL PERMIT APPLICATION INSTRUCTIONS Rental Permit Fee $200 (Application must be renewed every two years),` 3 The items listed below are required to be submitted with the completed'` . application. ❑ Floor Plans: 'Floor­plans-of each Rental Dwelling Unit, please show location of a all smoke&carbon monoxide detectors. ❑ Certificates of Occupancy and Pre-Certificates of Occupancy:,!Certificates:ofr; occupancy or Pre-Certificates of Occupancy for each rental dwelling unit. ❑ Certification of Code Compliance(form enclosed): Must be submitted-by a license architect or engineer or license home inspector if an inspection by Town of Southold Inspector is declined. 't ❑ Rental Permit Fee: $200.00 f i T S J 4 Town Hall Annez ' _# ' Telephone(631)765-1802 54375 Main Road ' Fax(631)765-9502 P.O.Box 1]79 n _ Southold,NY 11971-0959 CJS BUILDING-I%PARTMENT TOWN OF SUTJTHOIb Section C. Authorized Agent Information: Name of Authorized Agent of dwelling unit, if Address of Authorized Agent(no P.O. Boxes):: Mailing Address of Authorized Agent: , Telephone Number(s): Daytime Evening Emergentxy Email Address: Section D. Managing Agent Information: Name of Authorized Agent of dwelling unit, if any: Address of Authori26d Agent(no'P:O.'Boxes):,,"j =} Mailing Address of Authorized Agent: Telephone Number(s): Daytime. Evening Emergency Email Address: SECTION E. 'SITE MANAGER INFORMATION: (required for rental pro perties•containing 8 or more rental units) Name'of Managing Agent of dwelling unit, if any: Address of Managing Agent (no P.O. Boxes); Page 2 of 5 `J d Town Hall Annex + Telephone(631)765-1802 54375 Main I po '*'� Fax(631,)765-9502 P.O.Box 1179 Southold,NY 11971-0959 BUILDING DEPARTMENT. TO"•0F SOUTHOLD.,;;, Mailing Address of Managing Agent: Telephone Number(s): Daytime- Evening_ Emergeno 4 Email Address: SECTION F. PROPERTY DESCRIPTION: 4 Number of Rental Dwelling Units on property: P For each Rental Dwelling Unit set forth the Rental Dwelling Unit identifier(for example, M Unit 1, Unit 2, Unit 3 or Apt A, B, Q the use of each room in the Rental Dwelling Unit (for example, Kitchen, Bedroom 1, Bedroom 2, Living Room) and the dimensions of each i - - - - room: - - _ . . •�J, � f ___ � For properties with multiple Rental Dwelling Units use."Rental Perm it,App,lication 7 Addendum." I Rental Dwelling Unit Identifier: G� Requested Maximum number of persons allowed to occupy Dwelling Unit:_-.- Number of rooms in Rental Dwelling Unit: - I ,s, Use and Dimensions of each room in Rental Dwelling Unif JI,_ 10i, 2< 1���« (� 3 v ll�f®,�� A J L r Dvw(� r�o Do o 'x -J " Dtjrrn G; ll `xicEijE) ! -x,_ j� ((FULL) Page 3 of 5 r J .70 Town Hall Annex J ;;4' Telephone(631)765-1802 54375 Main Road ^ �, r?';f� Fax(631)765-9502 P.O.Box 1179 Southold,NY 11971-0959 �f oi�i;�► BUIL'DING,DEPARTM'ENT TOWN"OF'S`OTJTHOLD SECTION G. INSPECTION•'o Pursuant tolhe Town Code of the Town of Southold-Chapter 207'(Rental Properties);.a(sgfety inspection by Code Enforcement Official is required. If the owner chooses not to have said inspection performed by the Town, a certification from a licensed architect, a licensed.;,. ; professional engineer or a home inspector who has a valid New York State Uniform Fire Prevention-Building Code`Certificaflow is-required stating that the property=which is thetsubject of the rental permit application is in compliance with all of the provisions of the code of the , Town of Southold,the laws and sanitary and housing regulationsFofthe,Cou'nty,of Suffolk�and by the laws adopted by the New York State Fire Prevention and Building Code Council. ❑ 1 am requesting a fire safety inspection to be performed by a Code Enforcement Official from the Town of Southold' ❑ lam,submitting a-completed Town of Southold certification form from a licensed architect or a licensed professional engineer. ' SECTION H. i DECLARATION: Signature must be notarized and MUST be the owner of the dwelling unit. r STATE OF NEW YORK) COUNTY OF SUFFOLK) Jekln4 certify under penalty of perjury,the following: 1. 1 am the owner of the property identified in "Section A" of this application. N 2. The pr`op'erty dWner's:],e'gal_address set forth in "Section B" of this application is my legal / ;,lh .°y,spa• '° ; address-and I-u'nd`erstandAhe'Town will use the address for service pursuant to all Page 4 of 5 t • • a �Af ��r Town Hall Annex• Telephone(631)765-1802 54375 Main Road f"> Fax(631)765-9502 P.O.Box 1179 Southold,NY 11971-0959 i BUILDING DEPARTMENT T®WN.OF,'S0UT,HQLD r applicable laws and rules. I further acknowledge that I will notify the Town of Southold-" Building•Department of-any cha ngeszof'add ress within five (5) days of any,changes, thereto. 3. - I.have read and received a copy of Chapter 207 ofthe Code of the Town of Southold and =agreed-,to abide•by`the same. , 4. 1 will notify the Town within five (5) business days as to any change to the information regarding Authorized Agent, Managing Agent, or Site Manager: ' Property Owner's,Name:- JeWicl _ _ S_04� 1,4��ed Property Owner's Signature:.- // �- - - 1 Sworn to before me this day of 20 Notary Original i Official Notary Public Signature and O r g y Stam p ^ RR CONNIE D.DUNCH ? Notary Public,State of New york No.01BU6185060 Qualified in Suffolk County Commission Expires Aorif 94; Page 5 of 5 i , rnif SouTyolo TOWN OF SOUTHOLD BUILDING DEPT. `'rnu765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING /STRAPPING - [--] FINAL o f FIREPLACE & CHIMNEY J FIRE SAFETY INSPECTION [ ] [ ] [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] CAULKING EMARKso &;� Dm��,P(q /- t`•!/ ' A .1 DATE INSPECTOR - yr .—�_— - � CII .-. O� t - r ' - 4• ,I''- -,� PS cl3z I .5,, `';;v.7• �'''r+`r'+u n0 iI 1L I 1Jil�tfa� - .,i 001 looICII � aQ�d qtr � �l�.r� J I O .lJ�_ ,I !•C_!?.a.�L'.h_"_ .lJe_q �•'h� 'S I -cV�;. '� ,',,1.� }t'8`c 0 ...-}_Y fA`RA 11.E 1� f� a"rC, JI I = -=�—q -- -_ •-�..F�.. I .�Y' L.+. � dam! o _'�,V^''•'''�', r� 14 "---_ I r -� (71)aY,i��P_ Ncnvcf^,--- Y - s�• '.� Y --- -T+.I,r tl, , ��'>;:.i� 'ti:�.4if,:=� ,• ami YL 0�1, J 1� CT _f tAl I hJIB >� 3 1� V '3 `tt���A �4�:Y'.>'`�"i•`S ,t �>k R"���7 ir•.. ' I C� � I '�L�Q,y_ ' I _ �� -•'4.3�•�' pry R`iF � I U)srrt._ ur.„I,.I _ - ____-__ _�J-1'p4f r..._. ___ S-Om� `•Oue __,LI�IQ�:91ia - 1F - ! _ Vim'!-1L�_��1 ^', „' '..`I+ '�_j„�'•Ri fJ, I i _-- i __ -_ - (d.l`slti.lLae«-� r u �___-_ fin'_ __ 1 Oyu v - ' f � vi•�,.•. `7 I - -I I I d r I i + .......... 1 r J GL. C� v C i I i ' f , I I I ' , • 1 I iQ P 10�TiH�EFq 3, F P T '=RSr�a z0- RPM M ' • I I • I i 7,N""V Af 14i 10 17 -t kh,l E7- 1W I er rk I C � 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD SOWN F �� STREET VILLAGE DIST. SUB. LOT �t FORMER OWNER N E ACR. S W CODE DATE 0 OF CON5TRUCT l LAND IMP. TOTAL DATE REMARKS � I AA C '. i— J S - I A '7 DO 513110 Z 2)P# illctfm,nd 12ao; CID ��- SO LTJ 7100 2 Z 7 W/510 7 - /Y• Qr��n h 11 �G1t15K, C' , 60 0 s L • 's r3 i '7/DO 41 - - - GIo C) Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD j z Meadowland DEPTH House Plot BULKHEAD Total ■ CSe 1 i f r ��VJ if P1 �j FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy No. . . ,Z . 16084 . . , . . . Date . , , August 20, 1987. . . . . . . . . . . THIS CERTIFIES that the building ,ONE FAMILY DWELLING Location of Property 3 10. Bailey Road M a t t i t u c k, N.Y .: House No. Street Ham%t County Tax Map No. 1000 Section . . .099. . . . . .Block . 3 . . . . . . . . . . .Lot . . . .4 - 15 Subdivision .M/o Honeysuckle HillsFiled Map No. 79.'9. . . .Lot No. . . 15. . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated September 24, . . . . . pursuant to which Building Permit No. ,198615332.. . . .Z , , . . dated September 25, 1986 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wluch this certificate is issued is . . . . . . . . . ONE FAMILY DWELLING WITH ATTACHED GARAGE & ATTACHED WOOD DECK The certificate is issued to . . WILFRED & LOUI SE RULAND (owner,4"YD.xi�i N . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . 8 6—SO 1 7 6 [JNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . N 8 0 2.7.5.7 PLUMBERS CERTIFICATION DATED : August 18 , 1987 ilding Inspector Rev.1/81 FORM ITO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-29832 Date: 11/13/03 THIS CERTIFIES that the building ACCESSORY Location of Property: 310 BAILIE BEACH RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 99 Block 3 Lot 4.15 Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 31, 2002 pursuant to which Building Permit No. 28617-Z dated JULY 31, 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to PHILIP E & SHELLY A. KARLIN, III (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 117017 09/30/03 PLUMBERS CERTIFICATION DATED N/A 'i—, �/ u or ed S gnat re Rev. 1/81 9-<11FF®c Town of Southold 1/18/2019 . P.O.Box 1179 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 40181 Date: 1/18/2019 THIS CERTIFIES that the building SOLAR PANEL Location of Property: 310 Bailie Beach Rd,Mattituck SCTM#: 473889 Sec/Block/Lot: 99.-3-4.15 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/27/2018 pursuant to which Building Permit No. 42640 dated 5/3/2018 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: roof-mounted solar panels on existing single-family dwelling as aapplied for. The certificate is issued to Tumminelli,Edward&Jenna Scelfo of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 42640 1/3/2019 PLUMBERS CERTIFICATION DATED Authorized Signature ds gUEFOIkc � Town of Southold 10/11/2020 • P.O.Box 1179 o ® S 53095 Main Rd 54�¢7 Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 41515 Date: 10/11/2020 THIS CERTIFIES that the building AS BUILT APARTMENT Location of Property: 310 Bailie Beach Rd.,Mattituck SCTM#: 473889 Sec/Block/Lot: 99.-3-4.15 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 9/5/2019 pursuant to which Building Permit No. 44170 dated 9/16/2019 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "as built"lower level(hasement)apartment as applied for The certificate is issued to Tumminelli,Edward&Scelfo,Jenna of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 44170 7/29/2020 PLUMBERS CERTIFICATION DATED 7/30/2020 Jos Tuomefi trdel Signatu're 9 1 • r r , 1 DECLARATION OF i PROTUCTIVE COVENANTS AND RESTRICTIONS HONEYSUCKLE HILLS AT MATTITUCK f DECLARATION made thio Ise' dey of 0004e Y F. 1981, by WAIrTBR GATZ, residing at (no 0 Soundview Avenue, Mattituck, New .York,• I, ra ® hereinafter called the Declarant. r rl �\ WHEREAS, the Declarant is• the owner in fee eimple of the following described premisesc i ALL that certain plot, piece or Pafin of land in the,Town of Southold, Coun.•'9uftolk, 'State of New York; known and noted as, Lots'l through 18 on a certa8+$•Q. entftled "Map of Honeysuckle Hills atMattituck, Town of Southold, Buff CO- County of Suffolk on the !b"'day of4 �- 1981, as Map No.7019 u WHEREAS, the Declarant "desires to; make this DeclaratioA eetting 'forth reservations, restrictiona, covenants, -conditions. and agreements, subject to whioh•the property shown on:said map is now held-and shall bersold and conveyed. , T S NOW, THEREFORE, the aforedeseribed 13remises shall be subject x 4 -to 'the following covenants and restrictions which shall'run with'. the-lands 1. Definition of lot. A ",lot" is such parcel as is sepa- � rately numbered as a building lot on the aforesaid map. : �r 2. No lot shall be subdivided, sold or conveyed, except- as` a whole, without the written permission of the Declarant or his. ! successors or assigns, and the consent of the Planning-Board of; the Town of Southold. No lot shall be used for access to adjoining property. ' ' :•3. iso• lot shall be improved or have placed or maintained thereon any structure other than a single family' dwelling, not to !! exceed two stories in'height with a detached private garage for �lnot more than three (3) automobiles. A two-story dwelling shall ; contain a first floor area of not 'less than 1,000 square feet, I '; and sone-story dwelling shall contain a floor area of not less ' than 1,400 square feet, exclusive of detached garages, carports.• , ! open breezeways, patios, terraces or basements. Asbestos siding jshall not be used on any dwelling or structure. ;I i ue�9C�85�4�8 - 4. No building or structure shall be erected on any lot until the building plans as to the site location, outward appearance and design, including driveways and landscaping,hgve ;; , been approved, -in writing, .by the Declarant. -There shall,,-be no ' alteration to the exterior of any dwelling or stricture ;Bigept in, accordance with the plans and specifications tahich-have received the pr.*or written approval of the Declarant or hie successors and =a, -assigns. �A11 dwellings and structures shall cdnform to'aiY ' ;} ' applicable' codes and regulations of the Town of ,Southold,-aridno'.' ,;, variance threof may be--obtained without written approval of Declarant or his successors 6t' sbsigns.' Two copies of proposed plans and specifications shall be submitted to the Decl•aran"t,• his... x successors or assigns, one of which, when approved, bhall be returned to the owner with such approval endorsed thereon. If the-Declarant, his successors or assigns, shall noither;approve or } disapprove the plans and specifications within 30 days after they.. have been received by the Declarant, the -plans and specifications shall be deemed approved. 5.. No lot shall be used or maintained for any purpose,other ., q -than a one-family residence. No- trade, business;or manufabturi.ng;' �d shall be carried on in any residence or anywhere on the'.propenyl Specifically exempt from this restriction, however, are the-: , , %y< professions"of medicine, dentistry; law and architecture, 'pro- ; viding the profedsional business does not .exceed• the licensed 'c practitioner who is a resident in the dwelling'on the'lot and one.,'T. ., assistant. No obnoxious or offensive activities shall be' carried on upon any lot, nor shall anything be done on a lot which may F become an annoyance or nuisance to the neighbori 4:properties. `( v - - 6. No signs other than one identifying the owner!® name and ` number of the house or professiohal sign shall be erected on the premises. Permissible signs shall 'not -exceed 10 inches by 20 .inches, comprised of a white field with black letters or a black `f ` field with gold letters. . This restriction shall.not prohibit the } Declarant, his -successors or assigns, from using said premises or any part thereof for'the sale of real estate, including the fight t to place subdivision advertising-signs or model home signs on the premises. / 7. No fences or exposed clotheslines shall be erected or hedges grown upon the property without prior written approval of the Declarant, his successors or assigns. S. No animals, 'livestock,or poultry of any kind shall be raised, bred or maintained on any-lot, except for-dogs, cats, or' other household pets provided they are not raised, bred or main- tained for any commercial purpose. No animals shall be housed on -' the exterior of the premises. �. All debris and excess building materials must be removed- from any lot prior to occupancy. No area of the premises may be -used for the dumping of garbage or other debris, and all such . materials shall' be stored in sanitary containers and shall be removed regularly from the premises. The grounds of each lot shall 'at all times be reasonably well maintained. ` 10. No swimming pools shall be constructed above grade. I ' ' -2- V �I _-11 , uKP9085ram 499 f All exterior construction, including roof, exterior wells,• �ainting,. windows, doors and landscaping shall- -be chin- ;�`;; pleted,within one (1) year,from the date construction commences • x'�:• .12o" No electric or telephone poles shall be:allowed on the r premises as all utility services for electric and telephone. will be installed by a residential underground system. 13. The Declarant, his 'succehsokn and assigns, reserve then right to dedicate all streets, -areas reserved for future'highwa�r''; -dedication, drainage areas and easements to the-Town'of Southold•"' ; for highway and drainage purposes. Y -14. The Declarant, his successors 'and assigns; sets aside and x1 reserves for'the use and enjoyment of..the lot owners in perpetuity �! the following parcels appearing on the "Map of Honeysuckle.Hills t at,-Mattituck" and marked as "Reserved Area A (Park fi •Recreation. ','' ' Area)",: "Reserved Area B",'.and "Reserved Area C -(Park s, Playground ;: Area)" subject to the following conditions: (a) Declarant covenants and agrees when eleven the• lots-have been conveyed to third. parties, Declarant.will,. 4Lt-: :4 'his own cost and expense, establish a not-for-profit eorporatioi� ;;' ' ,.to• be' known as' "Honeysuckle Hills Property Owners Association°,:''. , hereinafter referred to as the "Association" and-with$n sixty 'days thereafter convey to such Association all of'the right;, title l. ' .an4 interest of' the Declarant in and to said Reserved Areas "App �r and• "C" inclusive, together with areas reserved-for future µ•A highway dedication and the street known as "Lloyd!s•LaI f,'in the ,- event said street has not been previously dedicated to the Town..-,'-' 4,' : of.Southold t' 1 t' .',• .'�' ems• (b) The- use of the Reserved Areas "A", "B', -and "C" as . shown on'the .fil'ed map shall -be for recreational:and conserve- tional•purpos6d in accoroanee with the rules and regulations as,,, xs � may be promulgated by the peclarant or 'the property owners _ association to be formed. The Declarant, his sdceessors or assigns, may construct recreational facilities in the Reserved Areas, subject to the approval 'of the Planning Board of the Town of Southold and any other governmental agency having jurisdiction thereof. 15. Upon the creation of the Association as hereinbefore 1 provided, every owner of a lot shall be deemed amember thereof, and shall be subject to the by-laws and rules and regulations- thereof. egulations-thereof. 16. Within sixty (68) days after the creation of said Association, by-laws shall be adopted for the governing thereof,: " which said by-laws and any amendments thereto shall be approved by the _Town Board of the Town of Southold. ' 17: The by-laws of such Association shall, in addition to X other matters, 'provide for the following: (a) The owner of each lot' shall be entitled to one vote at any meeting' of the Association. (b) Every lot owner shall be subject to a proportiohate '. • „r,,.•.f...xy tr. -3- I • share•of the expenses of 'the Association including taxes, insur- ance, and any and all expenses incurred by-the Assoeiation' for,.,,:-. the Amprovement, maintenance and use of the property of the Association. ' " "(c) Every lot owner shall have an equal'right, in'.common' with all-other lot owners, to the use and enjoyment of the C ' property of -the Associations subject, however, to the by-laws ' • ,:r and rules and regulations of the Association. ' •(d) The Association shall have the right to borrow- •y such sums of money as it deems necessary for cost of .the main. tenance and improvment of its property and to secure tha'same,' y "a a lien on its property'.. : `(e) The'Association shall have the right' to suspend the voting rights of a lot owner for his failure to pay•w4en due any and all- charges due the Aasociation: Aarges ll such unpaid ch shall be a lien'on the lot of such owner and the`Asaodiation shall'have the right to collect same and to enfor0s .the lien :thereof'by any means authorized by- law. ' (f) The-Association shall pay all taxes, assessments ands-. •.•; ' other' charges imposed 'by any governmental agency as and when the same;are due and payable. (g) The Association shall 'maintain adequate fire,'public ; liability and such other insurance as it deems necessary. for_the protection of its property and members. (h) The Association shall use, operate and maintain all of its streets, Park and Recreation Areas,' and oiher'property• �' ' 4:• owned by it in a safe and proper manner-and in accordance with the laws, rules and regulations pf the Town of Southold and other governmental agencies having jurisdiction thereof. (i) The duration of the Association shall-be perpetual. 18. These covenants and restrictions shall run with the land- and shall bind and inure to the benefit of the lot owners, their `] successors and assigns until January 1, 2010, after which time ( they shall be automatically extended for successive periods of ten (10) years each unless an instrument 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; however, notwithstanding any .of,the above Reserved Areas'n_All I-and "Cl! inclusive, shall remain in perpetuity. . ' -19. These covenants and restrictions may be enforced by, an action for damages or injunctions'or both. The.-Declarant, his j successors or assigns, hereby reserves the right to alter, modify, extend,, terminate or annul any of these covenants in whole, or / � - in' paVt,, without the consent of any person; providing, however, that any modification or termination shall not affect the Ile- served areas "A".' "B" or 20. Invalidation of 'any of the aforesaid covenants and { '; restrictions by •judgment or court order shall not affect-any of �' the other provisions which shall remain in full force and Affect. i railure to enforce any of the provisions herein-contained in any ' -4- • UbE�OJPIGEJV,1, . t• ' �E particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violatioh. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. Walter.Gatz STATE OF•NEW YOM • ss.: iCOUNT'Y OF SUFFOLK: i On the P-day of 0e,)S^R , 1981, before me personally came WALTER GATZ, to me known to be the individual described-in and who executed the foregoing instrument, and acknpwladged;that he executed the same. Oft 4. Mmar"y Public MOV LOU offli"d . ., ... •,• -.••� +IIOMRr�118110:•aiu.M MM . -• •n'• ' . . .••+w .•.. •, •...�•• �j 62.100D861 ArMMt Cewt� - •. r- ...ter.• -... .a. .. . •+ • '^+ ` - , ' I I I