HomeMy WebLinkAboutSummit Estates Homeowners Assoc. OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex f soul. P.O.Box 1179
54375 State Route 25 q� ®� Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) tis
Southold,NY Telephone:631765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 8, 2021
Mr. Mike Agnone, Board Member
Summit Estates Homeowners Association
P.O. Box 779
East Marion, NY 11939
Re: Summit Estates Dock Covenants
Dear Mr. Agnone:
The Planning Board has reviewed the request from the Summit Estates Homeowners
Association to amend the decision and covenants from the Planning Board to allow
additional boats to use the existing dock. The Planning Board resolution of September
28, 1999 restricts the use of the dock with the following wording:
"In order to further ensure that the use of the dock for docking or mooring purposes
remains similar to that allowed for a single family dock, and.does not result.in a marina-
type use for boats owned by the Summit Estates Homeowners Association, the
Planning Board is requiring that the docking or mooring of boats be limited to the area of
the existing "T" port (the area which is parallel to the shoreline) of the dock. The
Planning Board's decision is further clarified to mean that no more than 2 boats, other
than those owned and used by the Summit Estates Homeowners Association shall use
the dock for docking or mooring facilities."
The above wording is also in the covenants recorded with the Suffolk County Clerk on
March 8, 2001 in Liber 12106, Page 903. Any subsequent covenants filed without a
majority-plus one vote of the Planning Board after a public hearing are invalid.
Southold Town Planning Board Page 2 April 8, 2021
In light of the intent of the Planning Board at the time to limit the use of a dock to that
equivalent to a single family home, the Board has elected not to consider amending
their previous decision. They also further clarify the decision and covenants to mean
that no more than a total of four (4) boats shall use the dock for docking or mooring
facilities.
Sincerely,
r C
`
Donald J. Wilccc}Jenski
Chairman
cc: Southold Town Trustees
ow .� J
Cantrell, Elizabeth
From: Terry, Mark
Sent: Tuesday, November 22, 2016 9:21 AM
To: Cantrell, Elizabeth; Bredemeyer,John
Cc: Lanza, Heather
Subject: Summit Estates Dock Use Question
Attachments: 1000-38.-7-10.tif
Attached is the partial laserfiche file record for Summit Estates. The complete file can be found in the Planning/
Standard Subdivision/1000-38-7-10 directory.
The change of use of the dock has come up before and has been denied by the both the Planning Board and the Board of
Trustees. Any changes to the Covenant and Restrictions requires Planning Board approval following a public hearing.
It is important to note that a series of decisions during the subdivision of this property were made with the
understanding that the dock would be restricted to a single family use (two vessels). Homeowners have also have
access to the dock for walking,fishing etc.
Mark Terry,AICP,APA
Assistant Director of Planning
LWRP Coordinator
Town of Southold
54375 State Route 25
P.O. Box 1179
Southold, New York, 11971
(631)765-1938
Mark.Terry@town.southold.ny.us
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Hall, 53095 State Route 25
• I3ENNETT ORLOWSKi,JR. ��� C� Town
ChairmanP.O. Box 1179
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WILLIAM J.CREMERS q � Southold, New York 11971-0959
KENNETH L.EDWARDS y Fax(631) 765-3136
GEORGE RITCHIE LATHAM,JR. O '� Telephone (631) 765-1938
RICHARD CAGGIANO O'Ip
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 3, 2000
Ms. Donna Geraghty
22655 Soundview Avenue
Southold, NY 11971
Re: Summit Estates, Section 4
SCTM#1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3)
Dear Ms. Geraghty:
The following took place at a meeting of the Southold Town Planning Board on
Monday, October 2, 2000:
The final public hearing, which was opened on June 28, 1999 and was held
open until October 2, 2000, was closed.
The following resolution was adapted:
WHEREAS, Gusmar Realty Corp. and Peter Mourkakos are the owners of the
property known and designated as SCTM#1000-35-8-(5.4-5.18) &38-7-(8-12)
and 1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3), located off Shipyard Lane
in East Marion; and
WHEREAS, this proposed subdivision, to be known as Summit Estates, Section
4, is for one 4.3739 acre lot; and
WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning
Board for a major subdivision of 35 lots on 40.822 acres to be known as Summit
Estates; and
Summit Estates Section 4—10/2/00—Page Two
WHEREAS, after the Planning Board granted preliminary approval to the
subdivision application, the Planning Board allowed the applicant to proceed
with the final submission in four separate sections (Section 1: Lots 1-10, Section
2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and
WHEREAS, the Planning Board granted final approval to Summit Estates,
Section 1, on October 4, 1993; and
WHEREAS, Summit Estates, Section 1, contained 10 lots on 17.5036 acres, in
addition to three (3) parcels of Open Space (Parcel A, Parcel B, and Parcel C)
and one (1) parcel for a Park and Recreation Area (Parcel D), all subject to
covenants and restrictions contained in a Declaration-of Covenants and
Restrictions recorded as part of the subdivision approval; and
WHEREAS, Condition Number 11 of the Declaration of Covenants and
Restrictions for Summit Estates reads as follows:
"The dock, and any further expansion of such, cannot be conveyed
separately from Lot No. 33 except by permission of the Southold Town
Planning Board after a public hearing, and if such conveyance shall be
allowed, it shall be to the owner(s) of the park and recreation area only." ,
and
WHEREAS, Lot No. 33 is the proposed lot which is now known as the pending
application for Summit Estates, Section 4; and
WHEREAS, the applicant asked the Planning Board to grant approval to Section
4, prior to granting approval to Sections 2 and 3; and
WHEREAS, the applicant presented the information required to proceed with
Section 4; and
WHEREAS, the Southold Town Planning Board, after holding a public hearing,
allowed the ownership of the dock to be conveyed to the Homeowners
Association subject to five (5) conditions; and
WHEREAS, the Planning Board has received notification that a revised
Declaration of Covenants and Restrictions has been recorded, that a revised
Homeowners Association Offering Plan has been recorded, and that the Town
Tax Assessors have been notified of the change in ownership of the dock, all in
accordance with the conditions of approval; and
Summit Estates, Section 4— 10/2/00--Pace Three
WHEREAS, the Declaration of Covenants and Restrictions filed on the property
confines docking or mooring to the "T" portion (the section that is parallel to the
shoreline) of the dock in accordance with the conditions set by the Planning
Board for the transfer of dock ownership to the Homeowners Association; and
WHEREAS, the Planning Board recognizes that the dock is owned by the
Homeowners Association, and not the individual members of the Homeowners
Association, in accordance with the interpretation of Article III, Section 100-
31 C(3) of the Zoning Code by the Zoning Board of Appeals in a decision
rendered on May 11, 1993 (Appl. No. 4156); and,
WHEREAS, only boats owned by the Homeowners Association, and not the
individual members of the Homeowners Association, are allowed to use the dock
for docking or mooring purposes, with the exception of up to two boats belonging
to other owners which may also use the dock, in accordance with Article IIT,
Section 100-31 C(3)(a) of the Zoning Code; and
WHEREAS, the authority to reserve or not reserve space for up to two other
boats belongs to the Homleowners Association; and
WHEREAS, it is the responsibility of the Homeowners Association to decide
which boat gets to dock in the allotted space, if any is reserved; and
WHEREAS, the number of boats owned by the Homeowners Association that
use the T-portion of the dock is not limited at this time by any section of Town
Code but is limited by the amount of space available; and
WHEREAS, a final public hearing was closed on said subdivision application at
the Town Hall, Southold, New York on October 2, 2000; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice
of Public Hearing, has received affidavits that the applicant has complied with
the notification provisions; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board approve and authorize the
Chairman to endorse the final surveys dated April 9, 1999.
yr
Summit Estates, Section 4—10/2/00—Page Four
Enclosed please find a copy of the map which was endorsed by the Chairman.
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 contact this office if you have any questions regarding the above.
Sincerely,
Bennett Orlowski, Jr.
Chairman
cc: Building Department
Tax Assessors
f
p++orve:852_200(
SUFFOLK COUNTY CLERK'S OFFICE
Edward P. Romal CLERK
.iIVF,RIIEA..,Nkw yoCOUNTY K It
Town of Southold Assessors
VTown of Southold Planning Board
Chief Deputy County Treasurer
TO WHOM THIS MAY CONCERN
The Set-Off Minor Subdivision ajar Subdivision Map of:
i
Was'l`iled: (o/a3/6a
SCTM#: 100.0:-3T--?—t'0,r C3S' J5;3�
File #: 10513
Abstract #: Mag
Township: Southold Hamlet' AQrr`oh
Owner:
Very truly yours,
Counly Clerlc
Map Department
(In No. 4 9
Dec-0 00 0410epm From-CERT 91 '''--`,10 +6162967111 T-353 p.002/003 F-632
AMENDMtNT 141). 8
' To the Offering Pian of
SUMMIT ESI',ATES HOME OVVNE�S ASSOCIATION, INC.
Shipyard;.Lane`
East Marion .
Southold, New York
Dated: December :, 2000
The Offering Plan accepted for filing De�emW 11, 1991, amended on August 19,
1992 (Amendment %'-I), March 16, 1993-.(Amndment No. 2), November 9, �993
(Amendment No, 3), ne 27, 1994 (Amendment No. 4), .January 11, 1995 (Amendment
No. 5), August 2, 19;95;(Amendment NQ. 6);and ;dune 9, 2000 (Amendment No. 7), is .
hereby further amend,�d as follows:
_..._.. .._. t- J ,. •OAT S1.'t � . :r..... ...,.. ,
Paragraph,:: of Amendment NoR-7. is amended to the extent that the two (2)
boat slips 6 owned and used by the /�ssoclatlon, which may be owned and
used to. &P boats by others;::wlll.be owned and used exclusively by Peter
Fakiris,a i d6cipal of Sponsor($lip#1)and the Owner of Lot Number 33 (Slip
#2). Soth441ips are shown on the sketch attached hereto as Exhibit"A".
H. OFFERING PIAN EXIENSioN
This Plan ' ay be used for twelve(12) months from the date this Amendment
Is duly accpted for filing and thereafter said date Is to be extended in a further
Amendmt to be filed.
a
Othertharj'as set forth above;there are*no material changes which may require
an Amendment to the,Offering Plan.
G IAR-REALTY CORP.
r Sponsor
Sr
Ilvtanngc:999992.1
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AMENDMENT N0. 7
T o the Offerina Plan of
SUMMIT ESTATES NOME OWNERS ASSOCIATION, INC.
Shipyard Lane
East Marion
Southold, New York
Dated: June 9, 2000
The Offering Plan accepted for filing December 11, 1991, amended on August 19,
1992 (Amendment No. 1), March 16, 1993 (Amendment No. 2), November 9, 1993.
(Amendment No. 3), June 27, 1994 (Amendment No. 4), January-11, 1995 (Amendment
No. 5) and August 2, 1995 (Amendment No. 6), is hereby-further amended as follows:
I. HOMES
As of the date hereof, the Sponsor has closed title to 4 Lots out of the 34 Lots
offered under the Offering Plan.
rl. AGGREGATE MONTHLY OBLIGATIONS
Sponsor's obligations for assessments on untitled Homes is limited to the
difference between the actual operating costs of the Association and the
assessment levied on owners who have closed title on their Homes, but in nc
event in an amount greater than Sponsorwould otherwise be liable for if it were
paying pro rata assessments on unsold Homes. As of the date of this
Amendment,the Sponsor has not yet commenced the collection of Association
assessments and is presently paying all actual operating expenses. When
such collection commences,the Sponsor's maximum monthly obligation would
be approximately$317.40 ($10.58 monthly Association assessment multiplied
by 30 untitled Lots).
FINANCIAL OBLIGATIONS TO ASSOCIATION
The Sponsor has no financial obligations to the Association which will become
due within the next twelve (12) months, other than payment of any deficiency
payments(see Paragraph III forthe maximum obligation),and has been current
Nanage:75401.; 1
on all its obligations since the closing of title to the first Home. In addition,
Sponsor is current on all financial obligations under the Offering Plan.
IV. UNSOLD HOMES SUBJECT TO MORTGAGES OR FINANCING
COMMITMENTS
Lot#'s 1 and 9, is each subject to a construction loan held by Maspeth Federal
Savings, 56-05 69" Street, Maspeth, New York, in the amount of $170,000
each. The current principal amount drawn on each such loan to date is
$34,000. The loans require monthly payment of interest only, at the rate of
83/% per annum. The loans mature on January 2001.
V. MEANS OF SPONSOR'S OBLIGATIONS
Any monthly obligations required of Sponsor will be paid from continued sales
at the Development, loan advances and Sponsor operating fund.
VI. LIST AND STATUS OF SPONSOR'S OTHER PUBLIC OFFERINGS
Neither the Sponsor nor its Principals have previously participated in any other
prior public offerings.
VII. FINANCIAL STATEMENT
The Sponsor has been paying all actual expenses of the Association and,
therefore, the first full year of Association expenses has not yet commenced.
Vli li. BUDGET
The estimated first year budget of the Association is annexed hereto as Exhibit
"A". A Certification of the Adequacy of such Budget is also enclosed.
1X. BOARD OF DIRECTORS
The current members of the Board of Directors are: Pantelis Fakiris, Petroula
Fakiris and Doniel Dragonetti,all of whom are Sponsor's representatives. None
of the four current Home Owners wish to be on the Board of Directors.
X. REAL ESTATE TAXES
For the December 1, 1999 to November 30, 2000 real estate tax year, the
Sponsor paid the amount of $4,438.62 for the untitled Homes it owns. This
amount represents the first half of the annual real estate taxes. The second-
half is due and payable by May 30, 2000. Sponsor is current on its payments
of real estate taxes.
X1. DOCK
Pursuant to the Resolution of the Planning Board of the Town of Southold dated
September 28, 1999,the Declaration of Protective Covenants and Restrictions
("Declaration") recorded at the direction of the Town of Southold in the Suffolk
County Clerk's Office in Liber 11501 page 123 et seq., is being amended to
permit the Association to own the dock located on the property for the benefit
of the entire membership rather than for the benefit of only one Lot Owner. The
amendment to the Declaration will have the following conditions:
1. The use of the dock for docking and mooring purposes shall be limited
to that allowed under chapter 100-31 C.(3)(a) of the Town Code of the
Town of Southold. As per this Section of the Code,no more than two(2)
boats other than those owned and used by the owner of the premises,
shall use the dock for docking or mooring purposes.
In order to further ensure that the use of the dock for docking or mooring
purposes remains similar to that allowed for a single family dock, and
does not result in a marina type use for boats owned by the Summit
Estates Home Owners Association, Inc.,the docking or mooring of boats
are limited to the area of the existing "T" portion (the area which is
parallel to the shoreline) of the dock.
No more than 2 boats other than those owned and used by the Summit
Estates Home Owners Association, Inc., shall use the dock for docking
or mooring facilities.
2. All members of the Summit Estates Home Owners Association, Inc.,shall
have the right to use the dock for purposes otherthan that of docking and
mooring of boats. These uses shall include, but not be limited to uses
such as walking on the dock and fishing from the dock.
XII. OFFERING PLAN EXTENSION
This Plan may be used for twelve (12) months from the date this Amendment
is duly accepted for filing and thereafter said date is to be extended in a further
Amendment to be filed.
Other than as set forth above,there are no material changes which may require
an Amendment to the Offering Plan.
GUSMAR REALTY CORP.
Sponsor
Nana 7,5407.1 3
SCHEDULE A
PROJECT BUDGET FOR FIRST YEAR OF OPERATION
SUM, IIT ESTATES HOME OWNERS ASSOCIATEION, INC,
Beginning September 1, 1995
(35 Lots)
RNCOME
Association Fees(123.57
per Lot per year payable $4,325.00
monthly based on 35 Lots)
EXPENSES
Insurance
Landscape Maintenance $ 1100.00
Franchise and Corporate Taxes 800.00
Real Estate Taxes 350,00
Accounting .0-
Legal 1300.00
Contingency 350.00
425.00
TOTAL $4325.00
ESTIMATED ANNUAL COST PER MEMBER - .57.00
$ 123
ESTIMATED MONTHLY COST PER MEMBER - $ 23.58
EXHIBIT W
•
AMENDMENT TO DECLARATION
OF PROTECTIVE COVENANTS AND RESTRICTIONS
AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND
RESTRICTIONS ("Declaration") made this IQ*
day of -10M , 2000, by Peter Fakiris,
President of Gusmar Realty Corp. (hereinafter referred to as "Declarant').
WITNESSETH:
WHEREAS, Gusmar. Realty Corp., by Declaration dated and recorded in the Office
of the Clerk of Suffolk County on July 23, 1992,in Liber 11506 page 123 et seq.,submitted
the property described on, Schedule A annexed hereto, to the provisions of such
Declaration.
WHEREAS, pursuant to the resolution of the Planning Board of the 'Town of
Southold dated September 28,1999,Declarant is desirous of amending Condition Number
11 of such Declaration pertaining to the dock on the property to conform to such
Resolution.
NOW, THEREFORE, Condition Number 11 of such Declaration is deleted in its
entirety and replaced with the following:
"The dock will be conveyed to the Summit Estates Home Owners Association Inc.,
subject to the following conditions:
1• The use of the dock for docking and mooring purposes shall be limited to
that allowed under chapter 100-31 C.(3)(a)of the Town Code of the Town of
Southold. As per this Section of the Code, no more than two (2)boats other
than those owned and used bythe ownerof the premises,shall use the dock
for docking or mooring purposes.
In order to further ensure that the use of the dock for docking or mooring
purposes remains similar to that allowed for a single family dock, and does
not result in a marina type use for boats owned by the Summit Estates Home
Owners Association, Inc., the docking or mooring of boafs are limited to the
area of the existing "T"portion (the area which is parallel to the shoreline) of
the dock.
i' magc:922A,%1
C .
No more than 2 boas other than those owned and used by the Summit
Estates Home Owners Association, Inc., shall use the dock for docking or
mooring facilities.
2. All members of the Summit Estates Home Owners Association, Inc., shall
have the right to use the dock for purposes other than that of docking and
mooring of boats. These uses shall include, but not be limited to uses such
as walking on the dock and fishing from the dock.
Except as hereinabove stated, ,the aforesaid Declaration of Condominium shall
remain in full force and effect.
GUSMAR REALTY CORP.
By �rPJL•
ST E OF NEW YORK SS:
CO NTY OF SUFFOLK
I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
'OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD)
DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF
DEED LIBER 1 a0SA AT PAGE Syr RECORDED 6-2-7-2-O -d
AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE
JHEREOF.TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID
UNTY AND COURT THIS 0.7 DAY OF gtk.,--
CLERK
12-0169.1?/97eg
uuvw v, oct,ou-4m y Cviuerice to De the Inalvl(lUal whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument
DONNA M.NEUBAUER
VOTARY PUBLIC.State of New Yak
No. 41-4796600
Qualified in Queens County
Term Expires September 30.20 OL Notary Public
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SUMMIT ESTATES -
HOMEOWNERS ASSOCIATION INC.
P.O. BOX 779 EAST MARION NY, 11939
October 31,2016 U C E V E f r1
Board of Town Trustees OCT 3 1 2016
53095 Route 25 t
Southold,NY 11971=0959
Attn: Board of Trustees Sootl�oid r�wn
Regarding: SCTM#1000-038.00-07.00-012.00
Board of Trustees:
We would like to open a folder and request an on site field inspection for the purpose of
adding additional boat slips to the existing dock.
Enclosed,please find a check for$50.00, as requested.
Respectfully,
William Danisi-President
Summit Estates Homeowners Association
Contact Information:
William-Dan_ isi 516 443-9005
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 09/19/2016
Number of Pages: 9. At: 03:11:20 PM
Receipt Number 16-0146434
LIBER: D00012880
PAGE: 269
District: Section: Block: Lot:
1000 038.00 07 .00 012 .000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $0.00 NO Notation $0.50 NO
Cert.Copies $0.00 NO RPT $200.00 NO
Fees Paid $285.50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County- Clerk, Suffolk County
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RECORDEDNumberofpages 2016 Sep 14 03:11:20 PH
JUDITH P. PASCALE
CLERK OF
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AMENDMENT TO DECLARATION
OF PROTECTIVE COVENANTS AND RESTRICTIONS
(AS TO DOCK,SECTION 38,BLOCK 7,LOT 12)
'1111S ANIENDIVIEN'1' TO DECLARATION OF PROTECTIVE COVENAN'T'S
c � AND RESTRICTIONS AS TO DOCK) (the "Dock Amendment") is made this 27`1' clay of
' June, 2O.16, by SUMMIT ESTATES HUME OWNERS ASSOCIA'T'ION, INCAP.O. Box
779, East Marion, New York, 11939, a non-profit corporation of the State of New York
(hereinafter referred to as the"HOA").
��v WITNESSETH:
GG
�o WHEREAS, by Declaration of Protective Covenants, Restrictions, Charges and Liens
dated July 23, 1992 (the "Original Declaration"), Gusmar Realty Corp. (the "Original
Declarant") submitted the property described on "Schedule A" (corrected version attached)
annexed hereto, to the provisions of such Original Declaration (the "Property"), which Original
Declaration was recorded in the land records of Suffolk County, New York, on July 23, 1992 in
(A Liber 11506,Page 123; and
WHEREAS,the Original Declaration, among other things, (i) established the community
situated on the Property known as "Summit Estates" and (ii) created the HOA as the entity
\� responsible for the owning, operating and maintaining the common properties portions of the
(the"Common Properties") which were subjected to the Original Declaration; and
WHEREAS, the Original Declaration was amended by the Original Declarant with
various amendments (together with the Original Declaration,the"Declaration"); and
WHEREAS, -one of the amendments to the Declaration recorded by the Original
Declarant was that certain Amendment to Declaration of Protective Covenants and Restrictions,
dated March 12, 2001 and recorded in the Office of the Clerk of Suffolk County on March 12,
2001,in Liber 12106, page 103 (the"2001 Amendment"); and
WHEREAS, the purpose of the 2001 Amendment was to limit the utilization of the boat
dock situated on the Property (the "Dock") as set forth therein (the "2001 Dock Restriction");
and
WHEREAS, pursuant to that certain resolution of the Planning Board of the Town of
Southold dated September 28, 1999 (the "Resolution"), the permitted use of the Dock is more
expansive than is comprised in the 2001 Dock Restriction; and
WHEREAS; the HOA, as the entity responsible for the Common Properties including,
without limitation,`the Dock, is desirous of, and has the authority to, amend Condition Number
11 of the OriginalT)pbclaration pertaining to the Dock to supersede the 2001 Dock Restriction and
to conform to the Resolution.
NOW, THEREFORE, Condition Number 11 of the Original Declaration (as further
amended in the 2001 Amendment) is hereby deleted in its entirety and replaced with the
following:
"The Dock will be conveyed to the Summit Estates Home Owners Association Inc.,
subject to the following conditions:
1. The use of the Dock for docking and mooring purposes shall be expanded to include
additional boat slips for the HOA pursuant to that allowed under Chapter 275, Section
11(2)(a)(1) of the Town Code of the Town of Southold. As per this Section of the
Code, "no dock shall be constructed, altered or removed without a permit issued by
the Southold Town Trustees."
2. The Dock shall be expanded to allow the owners to have slips constructed for
exclusive docking and mooring purposes pursuant to Chapter 280, Section 255(a)(3),
which provides for permitted uses of a Marine H (MI) District, "boat docks, slips,
piers or wharves for pleasure or fishing trips or for vessels engaged in fishery or
shellfishery."
3. No boats other than those owned and used by members of the HOA, shall use the
dock for docking or mooring facilities with the exception of existing Slip No. 1 which
may be used by Peter Fakiris' designee and existing Slip No. 2 which may be used by
the Owner of Lot No. 33.
4. All members of the HOA shall continue to have the right to use the dock for
recreational purposes. These uses shall include all lawful passive and active
recreational uses including, but not be limited, to uses such as walking on the Dock
and fishing from the Dock.
5. Nothing herein shall be construed as requiring or permitting the construction of a new
dock or docks, which may be effectuated by the HOA only after a determination to do
so in accordance with its Bylaws, and the receipt of all necessary approvals.
6. To the extent that new slips are added to the Dock as provided for herein, the usage of
such slips shall be as authorized and regulated by the HOA by the promulgation of
rules and regulations pertaining thereto as to usage, reservation, fees, codes of
conduct, and any other rules and regulations deemed necessary and appropriate by the
HOA acting through its Board of Directors. All new slips shall be constructed,
maintained, and utilized in accordance with all applicable laws, ordinances and other
enactments including, without limitation, those of the Town of Southold.
Except as set forth in this Dock Amendment, the Declaration shall remain in full force
and effect without amendment. To the extent of a conflict between the Declaration and this
Dock Amendment, the provisions of this Dock Amendment shall control.
IN WITNESS WHEREOF, this Dock Amendment has been executed by the HOA
pursuant to due authorization under its Bylaws as of the date first above written.
SUMMIT ESTATE HOME OWNERS
ASSOCIATION KC..'
By:
RICHARD GOLDSMITR,Treasurer
ATTEST• 't' at")
'
Secretary
[Corporate Seal]
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the hay. of June 2016 in the year 20.16, before tile, the undersigned, personally
appeared RlCftARD GOLDSMITH, personally known to me or.proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument,the individual, or the person upon behalf of which the Individual acted, executed the
instrument.
(:3�4r��ONotar ublic
t.AUa1JSAN M JANOSICK
Notary Public-State of New York
No.01JA6332855
Qualified In Suffolk County
Ely Commission Expires Nov.09,2019
SCHEDULE A
PARCEL I
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of
Southold,County of Suffolk and State of New York,bounded and described as follows:
BEGINNING at the intersection of the westerly side of Shipyard Lane and the southerly
side of Main Road(N.Y.S.Rte.25);
RUNNING thence from said point of beginning along the westerly side of Shipyard Lane
the following two(2)courses and distances:
1. South 37 degrees 45 minutes 52 seconds East, 833.33 feet;
2. South 37 degrees 06 minutes 12 seconds East, 9.98 feet to land now or formerly
of Gusmar Realty Corp.
RUNNING thence along land now or formerly of Gusmar Realty Corp. the following
thirteen(13)courses and distances:
1. South 52 degrees 53 minutes 48 seconds West,200.00 feet;
2. South 37 degrees 06 minutes 12 seconds East,63.84 feet;
3. South 52 degrees 14 minutes 08 seconds West,201.23 feet;
4. South 69 degrees 05 minutes 45 seconds West,90.15 feet;
5. South 54 degrees 15 minutes 38 seconds West, 161.50 feet;
6. South 35 degrees 44 minutes 22 seconds East,45.00 feet;
7. on a curve to the left having a radius of 120.32 feet,a distance of 166.66 feet;
8. South 25 degrees 06 minutes 12 seconds East,50.00 feet;
9. on a curve to the right having a radius of 170.32 feet, a distance of 35.58 feet;
10. South 06 degrees 23 minutes 29 seconds East, 115.00 feet;
11. South 76 degrees 22 minutes 24 seconds East, 118.03 feet;
12. South 20 degrees 18 minutes 14 seconds West, 173.64 feet;
13. South 55 degrees 27 minutes 28 seconds West, 160.97 feet to land now or
formerly of John and Marguerita Tam Aexel;
RUNNING thence North 34 degrees 32 minutes 32 seconds West along land now or
formerly of John and Margderita Tam Aexel and along land now or formerly of Otto and June
Schoenstein, 185.38 feet to land now or'formerly of Gusmar Realty Corp.;
RUNNING thence along land now or formerly of Gusmar Realty Corp. the following
seven(7)courses and distances:
1. North 55 degrees 27 minutes 28 seconds East,200.18 feet;
2. North 06 degrees 23 minutes 29 seconds West, 127.40 feet;
3. on a curve to the right having a radius of 170.32 feet,a distance of 180.30 feet;
4. North 35 degrees 44 minutes 22 seconds West,404.01 feet;
5. on a curve to the left having a radius of 40.00 feet,a distance of 34.53 feet;
6. on a curve to the right having a radius of 60.00 feet,a distance of 213.52 feet;
7. North 28 degrees 41 minutes 56 seconds East, 102.09 feet to land now or formerly
of New York State Department of Public works;
RUNNING thence along land now or formerly of New York State Department of Public
Works the following five(5)courses and distances:
1. 33 degrees 35 minutes 38 seconds East,90.04 feet;
2. North 56 degrees 24 minutes 22 seconds East,300.00 feet;
3. North 33 degrees 35 minutes 38 seconds West,300.00 feet;
4. South 56 degrees 24 minutes 22 seconds West,265.00 feet;
5. North 33 degrees 35 minutes 38 seconds West,201.82 feet to the southerly side of
Main Road(N.Y.S.Rte.25);
RUNNING thence along the southerly side of Main Road (N.Y.S. Rte 25)the following
two(2) courses and distances:
1. North 63 degrees 43 minutes 48 seconds East, 17.09 feet;
2. North 56 degrees 30 minutes 55 seconds East, 430.21 feet to the westerly side of
Shipyard Lane and the point or place of BEGINNING.
PARCEL II
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of
Southold,County of Suffolk and State of New York,bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte. 25), said point
being situate the following two(2)courses and distances,as measured along the southerly side of
Main Road (N.Y.S. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S.
Rte. 25)and the westerly side of Shipyard Lane;
1. South 56 degrees 30 minutes 58 seconds West,430.21 feet;
2. South 63 degrees 43 minutes 48 seconds West,52.38 feet;
RUNNING thence from said point of beginning, South-33 degrees 35 minutes 38 seconds
East along land now or formerly of New York State Department of Public Works, 282.06 feet to
land now or formerly of Gusmar Realty Corp.;
RUNNING thence South 54 degrees 15 minutes 38 seconds West along land now or
formerly of Gusmar Realty Corp, 346.24 feet to land now or formerly of Larry D. and Allison C.
Bouts;
RUNNING thence North 35 degrees 44 minutes 22 seconds West along land now or
formerly of Larry D. and Allison C. Bouts and along land now or formerly of Antonios G. and
Callope Katsimatides,402.50 feet to the southerly side of Main Road(N.Y.S.Rte 25);
RUNNING thence along the southerly side of Main Road (N.Y.S. Rte 25)the following
three(3)courses and distances:
1. North 70 degrees 34 minutes 48 seconds East, 93.75 feet;
2. North 76 degrees 32 minutes 48 seconds East,221.37 feet;
a
3. North 63 degrees 43 minutes 48 seconds East, 62.85 feet to land now or formerly
of New York State Department of Public Works and the point or place of
BEGINNING.
PARCEL III
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of
Southold,County of Suffolk and State of New York,bounded and described as follows:
BEGINNING at the northeasterly corner of the parcel about to be described, said point
being situate the.following,five (5) courses and distances from. the intersection of the westerly
side of Shipyard Lane and the southerly side of Main Road(N.Y.S.Rte. 25);
1. South 37 degrees 45 minutes 52 seconds East along the westerly side of Shipyard _
Lane, 833.33 feet to a point;
2. South 37 degrees 06 minutes 12 seconds East still along the westerly side of
Shipyard Lane, 702.48 feet to land now or formerly of Gusmar Realty Corp. and
the southerly terminus of the arc of a curve connecting the westerly side of
Shipyard Lane and the southerly side of a fifty (50) foot wide Easement for
Ingress and egress for this Parcel III of"Map of Summit Estates, Section I";
3. on a curve to the left connecting the westerly side of Shipyard lane and the
southerly side of the aforementioned Easement, having a radius of 40.00 feet, a
distance of 62.83 feet to the westerly terminus of the arc of curve connecting the
westerly side of Shipyard Lane and the southerly side of the aforementioned
Easement;
4. South 52 degrees 53 minutes 48 seconds West along the southerly side of the
aforementioned Easement,248.00 feet to a point;
5. on a curve to the left having a radius of 810.00 feet still along the southerly side
of the aforementioned Easement a distance of 4.62 feet;
6. South 36 deg. 51 minutes 12 seconds East 606.96 feet along the westerly line of
Lot 34 Subdivision Map "Summit Estates, Section 3" and along land now or
formerly of Parkside Heights Co.;
RUNNING thence from said point of beginning,South 36 degrees 51 minutes 12 seconds
East along land now or formerly Parkside Heights Co. 200.00 feet to a monument found and
other land now or formerly Parkside Heights Co.;
RUNNING thence along land now or formerly of Parkside Heights Co. and along land
now or formerly of Cleaves Point Condominium the following two(2)courses and distances:
1. South 54 degrees 06 minutes 18 seconds West,206.72 feet;
2. South 10 degrees 39 minutes 48 seconds West, 540.89 feet to the high water mark
of Gardiners Bay;
RUNNING thence along the highwater mark of Gardiner's Bay the following tie line
course and distance:
1. North 88 degrees 30 minutes 49 seconds West, 97.34 feet to land now or formerly
of Crescent Beach Condominium;
RUNNING thence along land now or formerly of Crescent Beach Condominium and
along Lot 33, Subdivision Map "Summit Estates, Section 4"the following three (3) courses and
distances:
1. North 10 degrees 39 minutes 48 seconds East, 513.12 feet;
2. North 54 degrees 06 minutes 18 seconds East,203.55 feet;
3. North 36 degrees 51 minutes 12 seconds West, 158.32 feet to Parcel "C",
Subdivision Map Summit Estates, Section 1",
RUNNING thence North 53 degrees 08 minutes 48 seconds East along Parcel "C",
Subdivision Map"Summit Estates,Section 1" 100.00 feet to the point or place of Beginning.
Containing an area of 1.7622 Acres together with the existing boat dock as reflected in survey
dated March 13, 1992 by Young & Young entitled"Final Road and Drainage Plan prepared for
Summit Estates at East Marion,Town of Southold, Suffolk County,N.Y."
Also known.and designated as.Lots No. I through 3.5. and the open space parcels (A. B.
and C), and the Park and Recreation area (Parcel D).on a certain neap entitled "Map,of Summit {
Estates at East Marion,Town of'Southold,,Suffolk County,N.Y.",filed in the D.ffice of the Clerk
of the County of Suffolk on the 0'day of November 1993 as File No. 9426.
Lr'LANMNG BOAR MEMBER' �
�OSU�F�(
IiENNETT ORLOWSItI,JR. �C Town Hall, 53095 State Route 25
' O
Chairman �� l/,r, P.O. Box 1179
WILLIAM J.CREMERS p Southold, New York 11971-0959
KENNETH L.EDWARDS N Z Fax(631) 765-3136
GEORGE RITCHIE LATHAM,JR. p • Telephone(631) 765-1938
RICHARD CAGGIANO
viol � dao
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 3, 2000
Ms. Donna Geraghty
22655 Soundview Avenue
Southold, NY 1.1971
Re: Summit Estates, Section 4
SCTM#1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3)
Dear Ms. Geraghty:
The following took place at a meeting of the Southold Town Planning Board on
Monday, October 2, 2000:
The final public hearing, which was opened on June 28, 1999 and was held
open until October 2, 2000, was closed.
The following resolution was.adopted:
WHEREAS, Gusmar Realty Corp, and Peter Mourkakos are the owners of the
property known and designated as SCTM#1000-35-8-(5.4-5.18) & 38-7-(8-12)
and 1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3), located off Shipyard Lane
in East Marion; and ;
WHEREAS, this proposed subdivision, to be known as Summit Estates, Section
4, is for one 4.3739 acre lot; and
WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning
Board for a major subdivision of 35 lots on 40.822 acres to be known as Summit
Estates; and
Summit Estates, Section 4—10/2/00—Page Two
WHEREAS, after the Planning Board granted preliminary approval to the
subdivision application, the Planning Board allowed the applicant to proceed
with the final submission in four separate sections (Section 1: Lots 1-10, Section
2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and
WHEREAS, the Planning Board granted final approval to Summit Estates,
Section 1, on October 4, 1993; and
WHEREAS, Summit Estates, Section 1, contained 10 lots on 17.5036 acres, in
addition to three (3) parcels of Open Space (Parcel A, Parcel B, and Parcel C)
and one (1) parcel for a Park and Recreation Area (Parcel D), all subject to
covenants and restrictions contained in a Declaration-of Covenants and
Restrictions recorded as part of the subdivision approval; and
WHEREAS, Condition Number 11 of the Declaration of Covenants and
Restrictions for Summit Estates reads as follows:
"The dock, and any further expansion of such, cannot be conveyed
separately from Lot No. 33 except by permission of the Southold Town
Planning Board after a public hearing, and if such conveyance shall be
allowed, it shall be to the owner(s) of the park and recreation area only." ;
and
WHEREAS, Lot No. 33 is the proposed lot which is now known as the pending
application for Summit Estates, Section 4; and
WHEREAS, the applicant asked the Planning Board to grant approval to Section
4, prior to granting approval to Sections 2 and 3; and
WHEREAS, the applicant presented the information required to proceed with
Section 4; and
WHEREAS, the Southold Town Planning Board, after holding a public hearing,
allowed the ownership of the dock to be conveyed.to the Homeowners
Association subject to five (5) conditions; and
WHEREAS, the Planning Board has received notification that a revised
Declaration of Covenants and Restrictions has been recorded, that a revised
Homeowners Association Offering Plan has been recorded, and that the Town
Tax Assessors have been notified of the change in ownership of the dock, all in
accordance with the conditions of approval; and
' I
Summit Estates, Section 4—10/2/00—Pace Three
WHEREAS, the Declaration of Covenants and Restrictions filed on the property
confines docking or mooring to the "T" portion (the section that is parallel to the
shoreline) of the dock in accordance with the conditions set by the Planning
Board for the transfer of dock ownership to the Homeowners Association; and
WHEREAS, the Planning Board recognizes that the dock is owned by the
Homeowners Association, and not the individual members of the Homeowners
Association, in accordance with the interpretation of Article III, Section 100-
31 C(3) of the Zoning Code by the Zoning Board of Appeals in a decision
rendered on May 11, 1993 (Appl. No. 4156); and,
WHEREAS, only boats owned by the Homeowners Association, and not the
individual members of the Homeowners Association, are allowed to use the dock
for docking or mooring purposes, with the exception of up to two boats belonging
to other owners which may also use the dock, in accordance with Article III,
Section 100-31 C(3)(a) of the Zoning Code; and
WHEREAS, the authority to reserve or not reserve space for up to two other
boats belongs to the Homeowners Association; and
WHEREAS, it is the responsibility of the Homeowners Association to decide
which boat gets to dock in the allotted space, if any is reserved; and
WHEREAS, the number of boats owned by the Homeowners Association that
use the T-portion of the dock is not limited at this time by any section of Town
Code but is limited by the amount of space available; and
WHEREAS, a final public hearing was closed on said subdivision application at
the Town Hall, Southold, New York on October 2, 2000; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice
of Public Hearing, has received affidavits that the applicant has complied with
the notification provisions; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board approve and authorize the
Chairman to endorse the final surveys dated April 9, 1999.
• f' � y
A
Summit Estates. Section 4—10/2/00—Pace Four
Enclosed please find a copy of the map which was endorsed by the Chairman.
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 contact this office if you have any questions regarding the above.
Sincerely,
CA-
Bennett Orlowski, Jr.
Chairman
cc: Building Department
Tax Assessors
P1113Ne 852-2001
SUFFOLK 'COUNTY CLERK'S OFFICE
Edward P. nomai n'P, COUN'T'Y CLERK
.i1VF.rtNEw.. N!w YOnK 119Q1
Town of Southold Assessors
✓Town of Southold Planning Board
Chief Deputy County Treasurer
TO WHOM THIS MAY CONCERN
The Set-Off Minor Subdivision ajar Subdivision Map of:
Sem.
Was'Filed: 101x3 lft
SCTM#: 100,0=3T-7-(0,1
File #: 10513
Abstract #: lag
Township: Southold Hamlet:- }-f j1d0h
Owner:
Very truly yours,
County Cleric
Map Department
nn No. 1#9
l u•ur. i..
Doc-0 000 041OW From-CERTIIIA` ;0 f616206T111 T-353 P.003/003 F-032
i
AMENDMENT No. 8
1 j To the Offering Pian of
1CrN .
R;
SUMMIT ESgI'ATES HOME OVYNE�., S ASSOCIATION, INC.
Shipyard l-ane
East Marion .
Southold, New York
i
F '
Dated: December :, 2000
The Offering P19 accepted for filing 0eGerriber 11, 1991, amended on August 19,
1992 (Amendment N' .''1), March 16, 1993,.(Amendment No. 2), November 9, 1993
(Amendment No. 3), 4ne 27, 1994 (Amendment No. 4), January 11, 1995 (Amendment
No. 5), August 2, 19,95;(Amendment Np. 6).and dune 9, 2000 (Amendment No. 7), is
hereby further amend''d as follows:
ri'lil
Paragraph0, of Amendment No :-.7, is amended to the extent that the two (2)
boat slips riot owned and used by;the / ssoclatlon, which may be owned and
used to.dock-boats by others,...'Will".be owned and used exclusively by Peter
Fakids,a Owncipal of Sponsor($lip,.#1)and the Owner of Lot Number 33 (Slip
#2). Roth ;lips are shown on the sketch attached hereto as Exhibit"A".
II. OFFERING PLANgXT_ENSION:,:
This Plan ' ay be used for twelva (12) months from the date this Amendment
Is duly ac c pied for filing and thereafter said date is to be extended In a further
Amendment to be filed.
Other than as set forth above;there are no material changes which may require
an A,inendment to the,Offering Plan.
G "LIAR-REALTY CORP.
Sponsor
i
F
Ilvtnnn8c;99Y992.3
K
i !'
r
AMENDMENT NO. 7
To the Offering Plan of
SUMMIT ESTATES HOME OWNERS ASSOCIATION, INC.
Shipyard Lane
East Marion
Southold, New York
Dated: June 9, 2000
The Offering Plan accepted for filing December 11, 1991, amended on August 19,
1992 (Amendment No. 1), March 16, 1993 (Amendment No. 2), November 9, 1993_
(Amendment No. 3), June 27, 1994 (Amendment No. 4), January 11, 1995 (Amendment
No. 5) and August 2, 1995 (Amendment No. 6), is hereby-further amended as follows:
I. HOMES
As of the date hereof, the Sponsor has closed title to 4 Lots out of the 34 Lots
offered under the Offering Plan.
AGGREGATE MONTHLY OBL1GATiONS
Sponsor's obligations for assessments on untitled Homes is limited to the
difference between the actual operating costs of the Association and the
assessment levied on owners who have closed title on their Homes, but in no
event in an amount greater than Sponsorwould otherwise be liable for if it were
paying pro rata assessments on unsold Homes. As of the date of this
Amendment,the Sponsor has not yet commenced the collection of Association
assessments and is presently paying all actual operating expenses. When
such collection commences,the Sponsor's maximum monthly obligation would
be approximately$317.40 ($10.58 monthly Association assessment multiplied
by 30 untitled Lots).
Ill. FINANCIAL OBLIGATIONS TO ASSOCIATION
The Sponsor has no financial obligations to the Association which will become
due within the next twelve (12) months, other than payment of any deficiency
payments(see Paragraph Ill forthe maximum obligation),and has been current
i Manage:75407.1 1
on all its obligations since the closing of title to the first Home. In addition,
Sponsor is current on all financial obligations under the Offering Plan.
1V. UNSOLD HOMES SUBJECT TO MORTGAGES OR FINANCING
COMMITMENTS
Lot#'s 1 and 9, is each subject to a construction loan held by Maspeth Federal
Savings, 56-05 691 Street, Maspeth, New York, in the amount of $170,000
each. The current principal amount drawn on each such loan to date is
$34,000. The loans require monthly payment of interest only, at the rate of
83/% per annum. The loans mature on January 2001.
V. MEANS OF SPONSOR'S OBLIGATIONS
Any monthly obligations required of Sponsor will be paid from continued sales
at the Development, loan advances and Sponsor operating fund.
VI. LIST AND STATUS OF SPONSOR'S OTHER PUBLIC OFFERINGS
Neither the Sponsor nor its Principals have previously participated in any other
prior public offerings.
VII. FINANCIAL STATEMENT
The Sponsor has been paying all actual expenses of the Association and,
therefore, the first full year of Association expenses has not yet commenced.
VIII. BUDGET
The estimated first year budget of the Association is annexed hereto as Exhibit
"A". A Certification of the Adequacy of such Budget is also enclosed.
ix. BOARD OF DIREC TORS
The current members of the Board of Directors are: Pantelis Fakiris, Petroula
Fakiris and Doniel Dragonetti,all of whom are Sponsors representatives. None
of the four current Home Owners wish to be on the Board of Directors.
X. REAL ESTATE TAXES
For the December 1, 1999 to November 30, 2000 real estate tax year, the
Sponsor paid the amount of $4,438.62 for the untitled Homes it awns. This
amount represents the first half of the annual real estate taxes. The second-
half is due and payable by May 30, 2000. Sponsor is current on its payments
of real estate taxes.
i 0anaae:75407.1 2
Xl. DOCK
Pursuant to the Resolution of the Planning Board of the Town of Southold dated
September 28, 1999, the Declaration of Protective Covenants and Restrictions
("Declaration") recorded at the direction of the Town of Southold in the Suffolk
County Clerk's Office in Liber 11501 page 123 et seq., is being amended to
permit the Association to own the dock located on the property for the benefit
of the entire membership rather than for the benefit of only one Lot Owner. The
amendment to the Declaration will have the following conditions:
1. The use of the dock for docking and mooring purposes shall be limited
to that allowed under chapter 100-31 C.(3)(a) of the Town Code of the
Town of Southold. As perthis Section of the Code,no more than two(2)
boats other than those owned and used by the owner of the premises,
shall use the dock for docking or mooring purposes.
In order to further ensure that the use of the dock for docking or mooring
purposes remains similar to that allowed for a single family dock, and
does not result in a 'marina type use for boats owned by the Summit
Estates Home Owners Association, Inc.,the docking or mooring of boats
are limited to the area of the existing "T" portion (the area which is
parallel to the shoreline) of the dock.
No more than 2 boats other than those owned and used by the Summit
Estates Home Owners Association, Inc:, shall use the dock for docking
or mooring facilities.
2. All members of the Summit Estates Home Owners Association, Inc.,shall
have the right to use the dock for purposes other than that of docking and
mooring of boats. These uses shall include, but not be limited to uses
such as walking on the dock and fishing from the dock.
XII. OFFERING PLAN EXTENSION
This Plan may be used for twelve (12) months from the date this Amendment
is duly accepted for tiling and thereafter said date is to be extended in a further
Amendment to be filed.
Other than as set forth above,there are no material changes which may require
an Amendment to the Offering Plan.
GUSMAR REALTY CORP.
.. Sponsor
Nana
¢e:75a07.1 3
SCHEDULE A
PROJECT BUDGET FOR FIRST YEAR OF OPERATION
SUMMIT ESTATES HOME OWNERS ASSOCIATEION,INC.
Beginning September 1, 1999
(35 Lots)
INCOME
Association Fees(123.57
per Lot per year payable $4,325.00
monthly based on 35 Lots)
EXPENSES
Insurance
Landscape Maintenance $ 1100.00
Franchise and Corporate Taxes 800.00 ,
Real Estate Taxes 350.00
Accounting '0'
Legal 1300.00
Contingency 350.00
425.00
TOTAL $4325.00
ESTIMATED ANNUAL COST PER MEMBER - $ 123.57.00
ESTIMATED MONTBLY COST PER MEMBER - $ 10.58
EXHIBIT W
AMENDMENT TO DECLARATION
OF PROTECTIVE COVENANTS AND RESTRICTIONS
AMENDMENT TO DECURATION OF PROTECTIVE COVENANTS AND _
RESTRICTIONS ("Declaration") made this IQ*
day of dol,* , 2000, by Peter Fakiris,
President of Gusmar Realty Corp. (hereinafter referred to as "Declarant").
13- IS 3`7-r h Aje L.. t C , tJ.V l l o t
WITNESSETH:
WHEREAS, Gusmar Realty Corp.,by Declaration dated and recorded in the Office
of the Clerk of Suffolk County on July 23, 1992,in Liber 11506 page 123 et seq.,submitted
the property described on- Schedule A annexed hereto, to the provisions of such
Declaration.
WHEREAS, pursuant to the resolution of the Planning Board of the 'Town of
Southold dated September 28, 1999,Declarant is desirous of amending Condition Number
11 of such Declaration pertaining to the dock on the property to conform to such
Resolution.
NOW, THEREFORE, Condition Number 11 of such Declaration is deleted in its
entirety and replaced with the following:
"The dock will be conveyed to the Summit Estates Home Owners Association Inc.,
subject to the following conditions;
1. The use of the dock for docking and mooring purposes shall be limited to
that allowed under chapter 100-31 C.(3)(a)of the Town Code of the Town of
Southold. As per this Section of the Code, no more than two(2)boats other
than those owned and used by the owner of the premises,shall use the dock
for docking or mooring purposes.
In order to further ensure that the use of the dock for docking or mooring
purposes remains similar to that allowed for a single family dock, and does
not result in a marina type use for boats owned by the Summit Estates Home
Owners Association, Inc.,the docking or mooring of boafs are limited to the
area of the existing `T" portion (the area which is parallel to the shoreline)of
the dock.
iMana9c:922A58.J
No more than 2 boats other than those owned and used by the Summit
Estates Home Owners Association, Inc_, shall use the dock for docking or
mooring facilities.
2. All members of the Summit Estates Home Owners Association, inc., shall
have the right to use the dock for purposes other than that of docking and
mooring of boats. These uses shall include, but not be limited to uses such
as walking on the dock and fishing from the dock.
Except as hereinabove stated, the aforesaid Declaration of Condominium shall
remain in full force and effect.
GUSMAR REALTY CORP.
By
ST E OF NEW YORK SS:
CO NTY OF SUFFOLK
I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD)
DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF
DEED LIBER 120S') AT PAGE -9-41 — RECORDED 6-2h-20'e-d
AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE
HEREOF.
I TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID
UNTY AND COURT THIS V7 DAY OF
jam/_ �G�e%�urL
CLERK
12.0169.12/97cg
uviuem;e LV oe ine rnalvIclUal whose name Is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument
DONNA M.NEUBAUER
NOTARY PUBLIC.State of New York
No.41-4796600
Qualified in Queens County
Term Expires September 30,10 QL Notary Public
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TwoNIEY, LATH_ NI, SHEA & KELLEY, LLP
Arrornees at Law
THOMAS A TWOMEY JR. N1smng Adaress Lccaua^ OF COUNSEL
STEPHEN B.LATHAM Post Office BOX 9398 33 West Second Street KENNETH P LAVALLE
JOHN F.SHEA.III Riverhead Riverhead JOAN C.HATFIELD'%
CHRISTOPHER O KELLEY New York 1190 1-9398 New York 11901-9398
MAUREEN T LJCCIONE ANNE MARIE GOODALE
DAVID M DUB,N LAURA I SGUAZZINA
P. EDWARD REALE Telephone 631.727.2180
MARTIN D.FINNEGANc
PETER M t.fOl'T Fscs.ntAB 631.727.1767
TRACY KARSCH PALUMBO
SUZANNE V SHANE BRYAN C.VAN COTT
JAY P OUARTARAROr ELENA L.TOMARO
JANICE L SNEAD www.suftolklaw.com CYRUS G DOLCE'•
MARTHA L LUFT ALICIA S.O'CONNORA
JANE DIGIACOMO LISA A.AZZATO+
PHILIP D NYKAIAP
NY 9 LA BARS
LL M IN TAXATION'f
NY&CT BAr7S A
September 7, 2004 NY NJ 6 FA BARS 0
NY SNJ BARS
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Peter Fakiris, President
Gusmar Realty Corp. 1if1lA
13-15 37h Avenue
Long Island City, New York 11101
Re: Cleaves Point Condominiums/Summit Estat EPSP. 1_3;
Protective Covenants and Restrictions
!,30 Yom
Dear Mr.Fakiris:
This firm has been retained by Cleaves Point Condominiums to ensure
that Gusmar Realty Corp. and the Summit Estates Home Owners Association,
Inc. comply with and abide by the Declaration of Protective Covenants and
Restrictions,executed by Gusmar Realty Corp. on July 17, 1992 and recorded in
the Suffolk County Clerk's office at Liber 11506, Page 123, and the Amendment
to Declaration of Protective Covenants and Restrictions, executed by Gusmar
Realty Corp. on June 19,2000 and recorded in the Suffolk County Clerk's Office
at Liber 12051, Page 541.
The concerns on the part of the members of Cleaves Point Condominiums
are twofold. First, one of the residents of Cleaves Point Condominiums recently
visited a model home in Summit Estates and was told by a salesperson for
Summit Estates that as soon as one half of the homes within Summit Estates are
built and occupied, the Summit Estate Home Owners Association intends to
petition the Town of Southold for additional boat slips.
As you should recall, the Declaration of Protective Covenants and
Restrictions and, in particular, the Amendment to the Declaration of Protective
Covenants and Restrictions that you executed on June 19,2000 expressly and
specifically limit Gusmar Realty Corp. and the Summit Estates Home Owners
Association to a total of four (4) boats, g, two residents and two guests, to use
the docks for docking and mooring purposes. Therefore, please be advised that
any attempts on the part of Gusmar Realty Corp. or Summit Estate Home
Owners Association to petition the Town of Southold for additional boat slips
_ 20 MAIN STREET 51 HILL STREET 105 MAIN STREET ONE EAST MAIN STREET,SURE 1 400 TOWNLINE ROAD 56340 MAIN ROAD.PO BOX 325
EAST HAMPTON.NY 11937 SOUTHAMPTON.NY 11960 PORT JEFFERSON STA,NY 11776 BAY SHORE.NY 1170E HAUPPAUGE.NY 11748 SOUTHOLD.NY 11971
631 324 1200 631.267 0090 631.928 4400 631 6135 8300 631 265.1414 631.7652300
will meet with vigorous opposition on the part of Cleaves Point Condominiums,
which opposition will include citing the safety and other concerns for which the
Town of Southold required the Protective Covenant and Restrictions in the first
place. See Amendment to Declaration of Protective Covenants and Restrictions,
No. 1.
The second concern on the part of the members of Cleaves Point
Condominiums relates to the fact that, on a continual basis over the years, cars
and golf carts from Summit Estates have been traversing the Park and Recreation
Area which, as you should also recall, is prohibited under the Declaration of
Protective Covenants and Restrictions that you signed back on July 23, 1992. See
Declaration of Protective Covenants and Restrictions, Nos. 7 and 8.
We hope that this reminder will avoid future problems. if you have any
questions or would like to discuss this matter,please do not hesitate to contact
me.
Sincerely,
r
David M. D in
DMD/ms
cc; Southold Town Planning Board
Southold Town Trustees
REAS ESTATE 21
DECLARATION OF JUL 23 1992
PROTECTIVE COVENANTS AND RESTRICT! S
SUMMIT ESTATES TRANSFER TAX
EAST MARION SUFFULI(
COUNTY.
DEC':-,ARATTON made this o 3 day of A11 , 1992, by GOSMAR REALTY
CORP. , a domestic corporation having its principal place of.
business at 13--07 37th Avenue, Long Island City, New York 11101,
hereinaffter called the Declarant.
34803
W-HERE3S, the Declarant of Covenants and Restrictions will
t' be fled before the map of Summit Estates is f—i 1 ed in the: office oz
the County Clerk_ W�REAS, the Declarant is the owner in fee
simple of the following described premises:
ALL that certain plot, piece, or parcel ofland
in the Town of Southold, County of Suffolk, State of
New York, bounded and described as follows:
J Al
�✓ P L
L
C1i ec on o the wes rly i.de of S ip r
8. The following terms
Recreation parcel D. shall apply to the Park and
a) This area shall be owned by the Homeowners
Association for Summit Estates.
b) These areas shall remain in their natural
state. Maintenance of the natural vegetation shall
be the only use or activity allowed, other than
passive recreation.
C) Any building, structure or parking to be
located on parcel D, shall be subject to .Southold
Town Planning Board approval. Any building,
structure or parking allowed by the Planning Board
shall be located to the northerly side of a line
connecting the following two Points: 250' north o-f
Gardiners Bay on the easterly property line of the
Park and Recreation area, and 31.0' north of
Gardiners Bay on the westerly property line of the
Park and Recreation area, as indicated on the
subdivision map for Summit Estates, a
9. The drainage pond located on Lots 14 and 15 of the
final subdivision map, is to be left intact in
perpetuity, and there is to be no lot or road
drainage into such pond. This area shall not be
filled or regraded.
TwomEY, E ATHAM, S HEA & K ELLEY, LLP
THOMAS A.TWOMEY.JR. ATTORNEYS AT LAW JANICE L.SNEAD
STEPHEN B.LATHAM MARTHA L.LUFT
JOHN F.SHEA,III 33 WEST SECOND STREET ROBERT K.HOWARD'
CHRISTOPHER D.KELLEY P.O. BOX 398 JANE M.BARTON
MAUREEN T.LICCIONE RIVERI3EAD,NEW YORK 11901 DWAYNE S.WAGNER
DAVID M.DUSINO JON A.WARD
P.EDWARD REALE TELEPHONE (516) 727-2180
PETER M.MOTT FACSIMILE (516) 727-1767 OF COUNSEL
JOAN C HATFIELDt AMY B.TURNER
SUZANNE V.SHANE http://www.suffolklaw.com
JAY P QUARTA19ARO ONY 6 LA BARS
e-mail: ddubinlasuffolklaw.co)n LNY 8 CT BARS
EAST HAMPTON OFFICE HAUPPAUGE OFFICE
20 MAIN STREET 400 TOWNLINE ROAD
EAST HAMPTON. N.Y. 11931 HAUPPAUGE,N.Y. 11788
(516)324-1200 (516)265-1414
Juiv 19, 1999
VIA FACSIMILE and
FIRST CLASS MAIL
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: Proposed Major Subdivision for Summit Estates -Sections
1, 2,3 &4
SCTM #1000-38-7-(10-12) and 35-8-(5.4-5.18)
Dear Chairman Orlowski and Board Members:
This firm has been retained by Cleaves Point Condominiums and Crescent
Beach Condominium, which are situated immediately adjacent to the east and west
respectively of the subject premises. The purpose of this letter is to identify certain
objections that these homeowners maintain to the applications presently before the
Planning Board, i.e., seeking permission (i) to segregate and designate Lot No. 33 as a
new section in the proposed subdivision (Section 4), and (ii) to allow four (4) slips
off the dock, two slips for Lot No. 33 and two slips for "the developer".. As explained
belov,,, we feel that setting off Lot No. 33 as a new section is premature, and
permission to allow four (4) slips off the dock should be referred to the Town
Trustees or Zoning Board for a variance of the requirements of the Town Code.
At the outset, it should be noted that Condition No. 11 of the Declaration of
Protective Covenants and Restrictions for Summit Estates, entered by Mr. Fakiris on
July 17, 1992, and recorded on Julv 23, 1992, provides as follows:
,. Bennett Orlowski, Jr.
July 19, 1999
Page 2
"The dock, and any future expansion of such, cannot be conveyed
separately from Lot No. 33 except by permission of the Southold Town
Planning Board after a public hearing, and if such conveyance shall be
allowed, it shall be to the owner(s) of the park and recreation area
only.".
A review of the Suffolk County Clerk's records reveals that there has been a
conveyance that has occurred without a public hearing as required by Condition No.
11 of the Declaration of Covenants and Restrictions. By deed dated September 15,
1995 and recorded on November 14, 1995, Mr. Fakiris conveyed the property to Peter
Mourkakos. A copy of the deed from Mr. Fakiris to Mr. Mourkakos is enclosed.
For the record, Mr. Mourkakos flipped the property to Gusmar Realty Corp. by
deed dated September 19, 1995, but not recorded until April 5, 1999, reserving to
himself Lot No. 33. A copy of that deed is also enclosed.
With respect to the applicant's request to the Planning Board for permission
to allow four (4) slips off the dock extending. from Lot No. 33, such request exceeds
the Town Code's requirement that a private residential dock is restricted to no more
than two boats other than those owned by the owner and his immediate family.
See, Town Code §100-31(C)(3).
On this subject, it should be recalled that, back in 1992, the applicant (Mr.
Fakiris) attempted to extend his dock and its usage. The matter was referred to the
Town Trustees and to various other agencies. At that time, the President of the
Town Trustees stated that the use of the dock by more than two boats other than
those of the owner and his immediate family "would be a violation of the Town's
Zoning Ordinance." A copy of the Town Trustees' letter dated April 9, 1992 is
enclosed. The Town Trustees also stated that the proposed extension would provide
for "an extremely large facility and if built would be equal to a marina and could
impede navigation to neighboring docks." A copy of the Town Trustees' letter dated
January 16, 1992 is enclosed.
In addition, the Director of the Division of Coastal Resources & Waterfront
Revitalization of the Department of State stated that "only boats owned by Mr. Peter
Fakiris are to be moored at the proposed private docking facility." A copy of the
Director's letter dated April 24, 1992 is enclosed.
Moreover, the applicant at that time stated that the "intended use of said dock
is for the exclusive use of Mr. Fakiris, for the purpose of docking his own boats." A
copy of Ms. Geraghty's letter dated May 5, 1992 is enclosed.
. r
Bennett Orlowski, Jr.
July 19, 1999
Page 3
For these reasons, we respectfully request that the issues of the permanent
ownership of the dock and its usage should be resolved before the Planning Board
takes any further steps in connection with this matter, and that the applicant should
be directed to apply to the Town Trustees and/or the Zoning Board for a variance of
the Town Code if it seeks to use the dock by more than two boats other than those
owned by the owner. Given the Town's concern for shellfish and watercraft safety,
we believe that these issues should be addressed at this time, especially since it
appears that "the developer" is advertising that 35 homesites will have "boating"
(see enclosed).
We would appreciate your including this letter as part of the record of the
referenced application, and we thank you for the opportunity to comment on this
matter.
my your
D rid Mt. Dubin
DMD/lmk
Enclosures
cc: Cleaves Point Condominiums P00
Crescent Beach Condominium
Form goal-.A.19 SH-naa
arpiu and Sale Doed,with CateCL spinet O,aotore.Aeu-ledl•Idaal or Co"mgon.
I �
CONSULT YOUR LAwyER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
L 1(Cl s5' TH15 WDFNIUM made the ,'(7 day of September ,nineteen hundred and ninety-five
r(`Dl/ BE'�1EEN PANAGIOTIS MOURKAKOS, residing at 180 Elder Avenue, r
T Bergenfield, New Jersey
1
J�V 1 Partyof the first part,and GUS14AR REALTY CORP. r with offices at 13-07 37th Avenue, Long Island City, New York
party of the second part,
WCI74FSSEM,that the party of the first part,in consideration of TEN and n0/l 00ths
-($10.00)
-------------
-----------
-`--- dollars.
lawful money of the United States, 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 or
successors and assigns of the party of the second part forever.
ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being3iKM at East Marion, Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
V vS Parcel 1:
BEGINNING at a point on the easterlyside of Chios Lane, said point being the
following four (4) courses and distances as treasured along the easterlyside of
Chios Lane from the southerly terminus of a curve connecting the easterlyside of
Chios Lane and the northerlyside of Marina Lane:
I. along the arc of a curve to the right haveing a radius of 40.00 feet a
distance of 62.83 feet,
2. North 35 deg. 44 min. 22 sec. West 79.01 feet,
TAX NIAP 3. along the arc of a curve to the right having a radius of 40.00 feet a
UC-z1GNAn0.V distance of 34.53 feet,
13,,1 1000 4. along the arc of a curve to the left having a radius of 60.00 feet a
035.00 distance of 78.56 feet;
08.00 RUNNING thence from said point of Beginning along the northerly and westerly
Ift side of Chios Lane the following fors (4) courses and distances:
lob„ 005.00 1. along the arc of a curve to the left having a radius of 60.00 feet a
and distance of 213.52 feet,
DISTR. 2. along the arc of a curve to the right having a radius of 40.00 feet a
1000 distance of 34.53 feet,
SEC. 3. South 35 deg. 44 min. 22 sec. East 404.01 feet,
038.00 4. along the are of a curve to the left having a radius of 170.32 feet a
BLK• distance of 180.30 feet to a Recharge Basin as deli
07.00 "Summit Estates, Section 1" filed in the Office of hetClerk Oed on f�SuffolknCounty
f
as File Number 9426;
P/0
Q10.000 RUNNING thence along the Recharge Basin, "Summit Estates, Section 1" the
following two (2) courses and distances:
I. South 06 deg. 23 min. 29 sec. East 127.40 feet,
2. South 55 deg. 27 min. 28 sec. West 200.18 feet to land now or formerly of
Otto and June Schoenstein;
RUNNING thence l;orth 34 deg. 32 min. 32 sec. West along land now or formerly
of Otto and June Schoenstein, land now or formerly of Constantine and Deametios
Hartofilis and land now or formerly of Theodora G. and Mary
Miller a distance of 274.21 feet to a point;
RUNNING thence North 35 deg. 44 min. 22 sec. West still
along land now or formerly Theodore G. and Mary Miller, land now
or formerly of Kevin Robert and Anne Marie McElroy, and land now
or formerly of Larry D. and Allison C. Bouts a distance of 665.24
feet to Parcel "A" Open Space, "Summit Estates, Section 1";
RUNNING thence North 54 deg. 15 min. 38 sec. East along
Parcel "A" Open Space, "Summit Estates, Section 1" a distance of
346.24 feet to land now or formerly of New York State Department
of Public Works;
RUNNING thence South 33 deg. 35 min. 38 sec. East along land
now or formerly of New York State Department of Public Works a
distance of 134.21 feet to Lot 10, "Summit Estates, Section 1";
RUNNING thence South 28 deg. 41 min. 56 sec. West along Lot
10, "Summit Estates, Section 1" a distance of 102.09 feet to the
point or place of BEGINNING.
CONTAINING an area of 4.4671 ACRES. {
BEGINNING at a point on the westerly side of Shipyard Lane,
said point being situate the following three (3) courses and
distances as measured along the westerly side of Shipyard Lane
from the northerly terminus of a curve connecting the southerly
side of Marina Lane with the westbrly side of Shipyard Lane:
1. along the arc of a curve to the right having a radius of
40.00 feet a distance of 62.83 feet,
2. south 37 deg. 45 min. 52 sec. East 103.50 feet,
3. South 37 deg. 06 min. 12 sec. East 9.98 feet;
RUNNING thence from said point of Beginning along the
westerly side of Shipyard Lane the following two (2) courses and
distances:
1. South 37 deg. 06 min. 12 sec. East 822.54 feet,
2. South 36 deg. 51 min. 12 sec. East 43.12 feet to land now
or formerly of Parkside Heights Co.;
RUNNING thence South 54;deg. 06 min. 18 sec. West along land
now or formerly of Parkside Heights Co. a distance of 293.40 feet
to land designated as Parcel "C" Open Space, "Summit Estates,
Section 1" filed in the Office of the Clerk of Suffolk County as
File Number 9426;
RUNNING thence along Parcel "C" Open Space and Parcel "D"
Park and Recreation Area, "Summit Estates, Section 1", the
following five (5) courses and distances:
1. North 36 deg. 51 min. 12 sec. West 206.96 feet,
2. along the arc of a curve to the left having a redius of
810.00 feet a distance of 100.32 feet,
3. South 36 deg. 51 mina 12 sec. East 758.07 feet,
4. South 54 deg. 06 min. 18 sec. West 203.55 feet,
5. South 10 deg. 39 min. 48 sec. West 33.01 feet to land now
or formerly of Crescent Beach Condominium;
'RUNNING thence along land now or formerly of Crescent Beach
Condominium, land now or formerly James P. Kavanagh, land now or
formerly James P. and Kathleen Kavanagh, land now or formerly of
Fred 'R. and Jennie Schoenstein and land now or formerl} John and
Marguerita Tam Aexel the following four (4) courses and
distances:
1 . South 84 deg. 35 min. 38 sec. West 250.00 feet,
2. North 34 deg. 40 min. 32 sec. West 427.54 feet,
3. South 57 deg. 39 min. 28 sec. West 87.89 feet,
4. North 34 deg. 32 min. 32 sec. West 352.56 feet to a
Recharge Basin as designated.on Subdivision Map of "Summit
Estates, Section 1";
RUNNING thence along Recharge Basin "Summit Estates, Section
1" the following four (4) courses and distances:
I. North 55 deg. 27 min. 28 sec. East 160.97 feet,
2. North 20 deg. 18 min. 14 sec. East 173.64 feet,
3. North 76 deg. 22 min. 24 sec. West 118.03 feet,
4. North 06 deg. 23 min. 29 sec. West 1I5.00 feet to the
southerly side of Chios Lane;
RUNNING thence along the southerly, easterly, northerly, and
again on the easterly side of Chios Lane the following four (4)
courses and distances:
I. along the arc of a curve to the left having a radius of
170.32 feet a distance of 35.58 feet,
2. North 25 deg. 06 min. 12 sec. West 50.00feet,
3. along the arc of a curve to the right having a radius of
120.32 feet a distance of 166.66 feet,
4. North 35 deg. 44 min. 22 sec. West 45.00 feet to Lot 7,
"Summit Estates, Section 1";
RUNNING thence along Lot 7, Lot 6, Lot 5 and Lot 4, "Summit
Estates, Section 1" the following five (5) courses and distances:
1. North 54 deg. 15 min. 38 sec. East 161.50 feet,
2. North 69 deg. 05 min. 45 sec. East 90.15 feet,
3. North 52 deg. 14 min. 08 sec. East 201.23 feet,
4. North 37 deg. 06 min. 12 sec. West 63.84 feet,
5. North 52 deg. 53 min. 48 sec. East 200.00 feet to the
westerly side of Shipyard Lane and point or place of BEGINNING.
CONTAINING an area ofelS.8516 ACRES. �^
,E CE TING AND RESERVING IN AND TO THE PARTY OF THE FIRST / clo'Zkt-�ff
PART tWe E01-16wing described premises:
All that certain plot, piece, or parcel of land with the
buildings and iml.rovements thereon erected, situate, lying and
being, at East Marion, Town bf Southold, County of Suffolk and
State of New York, known and designated as Lot 33 on an unfiled
subdivision ma(, entitled "Summit Estates, Section 311, bounded and
described as follows:
BEGINNING at a Ioint on the Southerly side of Gus Drive,
said point being situate the following three (3) courses and
distances as measured along the southerly side of Gus Drive from
the southerly terminus of a curve connecting the westerly side of
Shieyard Lane with the southerly side of Gus Drive:
I. along the arc of a curve to the left having a radius of
40.00 feet, a distance of 62.83 feet,
2. South 52 deg. 53 min. 48 sec. West 248.00 feet,
3. along the arc of a curve to the left having a radius of
810.00 feet, a distance of 104.94 feet;
RUNNING thencefrom said point of Beginning along land known
and designated as Parcel "C" Open Space and Parcel "D" Park and
recreation Area on Subdivision Map "Summit Estates, Section I"
filed in the Office of the Clerk of Suffolk County as file number
9426 the following three (3) courses and distances:
1. South 36 deg. 51 min. 12 sec. East 758.07 feet,
2. South 54 deg. 06 min. 18 sec. West 203.55 feet,
3. South 10 deg. 39 min. 48 sec. West 33.01 feet to land now
or formerly of Crescent Beach Condominium;
RUNNING thence along land now or formerly of Crescent Beach