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TR-5499
Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERIvIIT NO. ~,,~q. DATE: ...~b' 2~.,..~g02 GUSMAR REALTY ISSUED TO ............................................................................................. Pursuant fo the provisions of Chapter 615 of the I-~ws of the State of New YorE, 1893: and Chapter ~ of the L~ws o~F the State of New Yore 1952: and the Southold Town Ordinance, en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REIvIOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;~.'. and in accordance with the Resolution of The Board adopted at e meeting held on . ~?.~ ...~0.~... 20~.., and in consideration of the sum of $...~.~.(~.0 .... paid by ...... ~.~m.~..~.~¥ .................................................................. of ........ L~f~...~.e!.~!~d...~( ................. N. Y. end subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to plant area withiin 100' with Cape American Beach Grass Ammophila Breviligulata on 18" centers, and a 4' wide natural wood chip access path, as depicted on plan last revise'dali In Janua~Vaccoraance2. ~4~2~ detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. . K~a~tl~ ~o]ilvoda(Ahsent) TERMS end CONDITIONS T~ Peaai~ Gusmar Realty- ~:... 13-15 37th Ave., Long ~'of ~ c~fi~ for the ~ of Island City, NY N.Y. as ~he po,~¢ ~ un~stsud and p~w~'~e ~o the fo1- l. That the sam Boa~i of Tm.~ee$ and ~he Town o~ Southold ~e ~ f~ ~ ~ 2. That this Permlt is' v~tBd ~ot a period of 24 mo~. whkh ts eonsldei~ to be the estimated time required ~o complete the for an ,','~'~,%n may be made to the Bo~ud at a 5. That ~ Petmlt sh4~ld be t-e~i,,,,d indeirtnltely, o~ as long ts the said to maintain the structure or proiect involved, to provide evidence to anyone concerned 4. That ~he we& involved ~ be subjea to the impect~ and s~pmvai of the Boasd ~ ~ age~ts, su~d ~compli~ce with ~he ptovislom o~ the ~ application, may I~ ~-~ f~ revocsiioa of ~ Pe~mh is,/l~olutlon of the said Board. & That the s~id Boaxd will be nofitied by the Permlttee ot the ~. o/ ~t~ wo~ ~ orlzed. That the Petxnittee wiU obtain alt ocher l~"~m;~ ~d coo..~ _~,~e ~ be ~ mp- plemental to this permit which may be subject to revoke ulx)n f~H,,m to olxnln *~e. Albert J. Krupski. President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerscn February21, 2002 BOAP~D GF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 $outhold, New York 11971-0959 Telephone ,631) 765-1892 Fax ,631) 765-1366 Ms. Donna Geraghty 22655 Soundview Ave. Soulhold, NY 11971 RE: GUSMAR RE.~LTY Shipyard Lane, East Marion SCTM#38-7-12 Dear Ms. Gera~ty: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 20, 2002 regarding the above matter: V/HERE.kS, Donna Geraghty on behalf of GUSMAR REALTY a0p!ie,z fo the S )ttr'.'o~d Town ~, ustees for a permit ['.nder the provisions of the V.,'etland Ordinance of thc :.3wu of ~,;u.hold. application dated May 2.2001_ and, WHEREAS, said application was referred to the Southold Town Conservation Advisocy Council tlr their findings and cecommendations, att& ~,, HEREAs. a Put>tic Hearing was held by the l'own Trustee'_- ,~ itL. respect ri) sat6 application on February 20, 2002. at which time all interested persons were given an opportunity to be heard. and, WHEREAS, the Board members have personally viexved and are familiar with the premises in question and the surrounding area, and. WHEREAS, the Boam has considered all the testimony and documentation submitted concerning this application, and, WHEREAS. the structure complies with the standards set forth in Chapter 9'7 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general we!fare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Boaxd of Trustees approve the application of GUSMAR REALTY to plant area within ! 00' with Cape ,'-.anerican Beach Grass Ammophila Breviligulata on 18" centers, and a 4' wide natural wood chip access path, as dcpicted on plan last revised January 2, 2002. BE IT FLPRTHER RESOLVED tha~ this determination should not lie considered a detem~ination made for any other Department or Agency, which may also have an application pending for the same or similar project. Permit to construct and complete project will expire txvo y:ars fi`om the date it is signed. Fees must be paid, if applicable, and permit issned within six momhs o f the date o f this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Fees: None Very tmly yours, Albert J. Krupski. Jr. President, Board ,,t'Ti'ustces AJK, lms DEC EUGENE L. '~r["HOD TODD A. KNAt'ER CAHN WISHOD 8r KNAUER, LLP ATFORNEYS AT 425 BROADHOLLOW ROAD, SUIT[ _315 MELk%LE, NEW YORK 11747 (631) 752-1600 FAX: (631) 752-1555 E-M.~.IL: info@cahnwishod.com September 19. 2001 VIA FACSIMILE AND REGULAR MAIL (631) 765-1823 Board of Town Trustees Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Gus-Mar Realty Gentlemen: Thank you for your telephone call of today regarding the application for Gus-Mar Realty. I understand that you adjourned the hearing on Gus-Mar Realty's application until the October meeting of the Town Trustees. Please allow this letter to serve as notice that this finn no longer represents Gus-Mar Realty, and all correspondence and communication should be directed to Gus-Mar Realty at 13-15 37th Avenue, Long Island City, Ne\v York 11101; (718) 392-6858. Thank you t~r your attention to this matter. BTE:bk Very truly yours, cc: Ms. Donna Geraghty (via fax and mail) $~P-Zg-200! NED 03:27 PM ORHN Nti~OD K~U£R ~RX NO, P, 02/02 5~675~55 C2mN WISHED & KNAUE , LLP 425 BRO.~HO~W RO~, Su~ 315 ~t~, N~w Yo~ 11747 (63D 75246~ FA: (631) ~52-1555 E-M~L: i~o~w~.com S~tember 19, 2001 _V'IA "AC,RIM ~ EGU AR MAIL (631) 765-1823 Board o£Town Trustees Town of'Southold 53095 Route 25 P.O. Box 1179 $outhold, New York 11971-0959 Re: Application of Gus-Mat Realt~ Gentlemen: Thank you for your telephone call of today regarding tho application for Gus-Mar Realty. I understand that you adjourned the hearing on Gu~-Mar Realty's application until the October meeting of the Town Trustee.q. Please allow this lenec to serve as notice/'hat this firm no longer represents Gus-Mar Realty, and all correspondence and commumcation should be directed to Gus-Mar Realty at 13-15 37~' Avenue, Long Island City, New York 11101; (718) 392-6858. Thank you for your attention to this matter. BTE:bk cc: M's. Donna Gemghty (via fax and atoll) Very truly yours, Brian T, E~ %P-I9-200I ~D 0~.27 P~ O~HN OD KN~UE~ FAX NO, 51875~55 ?, U/02 [~ICIIA RD C. CA}iN EUOENE L. WISMO~) TOaD A. KI~',UEE. I~R~AN T, ~GAN CAH. N WLSHOD ~,~ I~NAUEI~ LLP A~TORNEY~ AT ]LAW 425 BROAOltO~W RO~, SUITE ~ 1 $ MELVILLE, NEW Yo~ 1 1747 (631 ) 752-1600 FAx: (631) 752-1~55 E-~mL: info~c~w~sho~som TELECOPII~R co _VER I~,ETTER DATE:. Seortember I9. 2001 PLEASE DELIVER THE FOLLOWING PAGES TO: TELECOPIER TEL. NO.: (631) 765-1823 NAME: Roam of Town Trustees LOCATION: Town o£ Southold .,. FROM: Bri~ T. Eeau.~Est~. _ LOCATION; CA.HN WISHOD & KNAUER, LLP TOTAL NUMBER OF PAGES INCLUDING COVER LETTER: _ PLF~$E NOTE: The £nfo~macton conka~ed £n thie facsimile mesmage use o~ fha individual named above &~d others who have been specifically au=horiz~d bo recipiene, you are heraby notified e~< any ~sse~inat~on, distribution or coDytng of this =o~unicaeion Thank yo~. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE C_AI.LBACK ASAP: (631) 752-1600 August 17, 2001 CLEAVES POINT CONDOMINIUMS VILLAGE c] COMMONS [] CLUB AND MARINA, INC. P.O. BOX 29 GREENPORT, NEW YORK '1'19'~4 [631] 477-8657 FAX (631)477-8657 TO: Board of Trustees, Town of Sou[hold ATTN: Albert J. Krupski, Jr., President RE: Gusmar Reahy SCTM#1000-38-7-10.2 Application for Permit to "regrade. reseed, fix existing sprinkler system," on that Parcel "D" designated Park and Recreation Area of Summit Estates Subsequent to our communication to your office on May 22nd. it has come ~o our attention that the above noted application has been amended to include the addition of a six foot {6'} wire mesh fence to be erected along the adjoining property lines shared with Crescent Beach and Cleaves Point Commons Condominiums. Together with our previous stated concerns regarding the considerable altering of the contours of this land which was performed this spring, please take note of our objection to the establishment of a fence structure for reasons based on maintaining the site in its natural state. Referring to a copy of the Covenants and Restrictions for Summit Estates I copy attached ) as issued by the Sou[hold Town Planning Board concerning the subdivlslon's approval, note is taken of relevant dictates as follows: C&R #3- "the fence which extends into the park and recreation Parcel D is to be removed, as are the structures which are shown in that area": C&R #'~lc)-" ..... The terms "structure" and "building" shall be interpreted as including ........ the placement of fences"; C&R #8- "The following terms shall apply to the Park and Recreation parcel D. (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: lc) An.,,, building, structure or parking to be located on parcel D, shall be subject to Sou[hold Town Planning Board approval ..... As of this date, and as adjoining property owners, we have not received notice of a public hearing that would address the change of any of the Covenants and Restrictions. Realizing that the jurisdiction of several Town governing bodies may be involved in this one effort being pursued by Gusmar Reahy. it is hoped that. by cop_x'ing this communication, a cohesive review will eusne. Thank you for your considerations. "-~u sYa~-'~H al ia c k. Mann,,er cc: Town of Sou[hold. Planning Board, Bennett Orlowski, Jr.. Chairman cc: Town of Sou[hold, Building Department. Ed Fortes[er. Inspector 115 3 .... DECL2~P_~TIOIr OF ~ JUL ~ 1992 S~IT ESTATES ] ;~ [~A~SF[~ TAX EAST HARION J-- 'SUFFOLK ,, f' W Y' D E C~k~ET ION made day COP3., a domestic cs~oranion having its prin~ipa! place business at !~-07 37th Avenue, Long Island City, New York 1!!01, hereinafter called the Declar~n. Nh~P~AS, the Dec!ar~ of Coverings ~d Restrictions will be filed before ~he mad of S~m~u Estates is filed in the office the Co,tv Clerk. W~EPiAS, the Declare= is the owner in fee sLnule of the following described pre~ses: side of 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: PARCEL I BEGINNING at the intersection of the westerly side of Shipyard and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence from said point of beginning along the westerly Shipyard Lane the following two (2) courses and distances: South 37 deg. 45 min. 52 sec. East 833.33 feet, South 37 deg. 06 min. 12 sec. East 9.98 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or f~rmerly Gusmar Realty Corp. the following thirteen (13) courses and distances: (1) South 52 deg. 53 min. 48 sec. West 200.00 feet, (2) South 37 deg. 06 min. 12 sec. East ,53.84 feet, (3) South 52 deg. 14 mih. 08 sec. West 201.23 feet, (4) South 69 deg. 05 min. 45 sec. West 90.15 feet, (5) South 54 deg. 15 min. 38 sec. West 161.50 feet, (6) South 35 deg. 44 min. 22 sec. East CONTINUED ON PAGE 2 · / PROTECTIVE' ~OVENANTS AND P,E.,TRICTIO~IS / SUMMIT ESTA[ES ' ' Page 2 (7) on a curve to the left having a distance of (9) on a distance of 35.58 feet, (10) South 06 deg. (11) South 76 deg. (12) South 20 deg. (13) South 55 deg. 166.66 feet, South 25 deg. 06 min. 12 sec. a radJ.us of 120.32 feet East 50.00 a curve to the right having a radius feet, of 170.32 feet 23 min. 29 sec. East 115.00 feet, 22 min. 24 sec. East 118.03 feet, 18 min. 14 sec. West 173.64 feet, 27 min. 28 sec. West 160.97 feet to land now or formerly John and Marguerita Tam Aexel; ' RUHNING thence North 34 deg. 32 min. 32 sec. West along land now or formerly John and Marguerita Tam Aexel and along land now or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or formerly Gusmar Realty Corp. the following seven (7) courses and distances: feet (1) North 55 deg. 27 min. 28 ~ec. East 200.18 feet., (2) North 06 deg. 23 min. 29 sec. West 127.40 feet, (3) on a curve to the right having a radius of 170.32 a distance of 180.30 feet, (4) North 35 deg. (5) on a curve to a distance of 34.53 feet, 44 min. 22 sec. West 404.01 feet, the left having a radius of 40.00 feet CONTINUED ON PAGE 3 / PROTECTIVE CO\.ENANTS AND RESTRICTIONS (6) on a curve to the right having a radius of 60.00 a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. East 102.09 feet now or formerly New York State Department of Public Works; RUNNING thence along Department of Public Works distances: (1) South 33 deg. 35 min. 38 sec. (2) North 56 deg. 24 min. 22 sec. (3) North 33 deg. 35 min. 38 sec. (4) South 56 deg. 24 min. 22 sec. (5) North 33 deg. 35 min. 38 sec. southerly side of Ma'in Road (N.Y.S. Rte. land now or formerly New York State the following' five (5) courses and to East 90.04 feet, East 300.00 feet, West 300.00 feet, West 265.00 feet, West 201.~2 feet to 25); RUNNING thence along the southerly side of Main Road (2 courses 43 min. 48 30 min. 58 Lane and the Rte. 25) the following two (1) North 63 deg. (2) North 56 deg. westerly side of Shipyard feet land the (N.~.S. and distances: sec. East 17.09 feet, sec. East 430.21 feet to the point or place .of BEGINNING. PARCEL II BEGINNING at a point on the southerly side Rte. 25) said point being situate the following distances, as measured along the southerly side Rte. 25) (N.Y.S. of Main Road (N.Y.S. two (2) courses and of Main Road from the intersection of the southerly side of Main Road Rte. 25) and the westerly side of Shipyard Lane: CONTINUED ON PAGE / PROTECTIVE COVE[~ANTS AND RESTRICTIONS · // SUMMIT ESTATES / Page 4 = ~ (1) South 56 deg. 30 min, 58 ~ec. West 430.21 feet, (2) South 63 deg. 43 'min. 48 sec. West 51!.38 feet; RUNNING thence from said point of beginning South 33 deg. 35 min. 38 sec. East along ],and now or formerly New York State Department of Public Works 282.06 feet to land now or formerly Gusmar Realty Corp.; RUNNING thence South 54 deg. 15 min. 38 sec. West along land now or formerly Gusmar Realty Corp 346.24 feet to land now or formerly Larry D. and Allison C. Bouts; RUNNING thence North 35 deg. 44 min. 22 sec. West along land now or formerly Larry D. and Allison C. Bouts and along land now or formerly Antonios G. and Caliope Katsimatides 402.50 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUN~ING thence along the southerly side of Main Road (N.Y.S. Rte. 25) the following three (3) courses and distances: (1) ~orth 70 deg. 34 min. 48 sec. East 93.75 feet, (2) North 76 deg. 32 min. 48 sec. East 221.37 feet, (3) North 63 deg. 43 min, 48 sec. East 62.85 feet to land now or formerly New York State Department of Public Works and the point or place of BEGINNING. PARCEL II~ 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 (~;.Y.S. Rte. 25) : CONTI[~UED ON PAGE 5 S U~,IMI T ESTATES Page 5 (1) South 37 deg. side of ? A~[D R ES'FP, ICTIO?qS 45 min. 52 sec. East along the westerly Shipyard Lane 833.33 feet to a point, (2) South 37 deg. 06 min. 12 sec. East still along the westerly side of Shipyard Lane 702.48 feet to land now or formerly Gusmar Realty Corp. and the southerly terminus of the arc of a curve connecting the westerly side of Shipyard Lane and the southerly ~ide of a 50 foot wide Easement for ingress and egress fcr this Parcel III of "Map of Summit Estates, Section 1", (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 deg. 53 min. 48 sec. 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 ,Df 810.00 feet still along the southerly side of the aforementioned ]Easement a distance of 4.62 feet; RUNNING thence from said point of beginning South 36 deg. 51 min. 12 sec. East along land now or formerly Gusmar Realty Corp. and land now or formerly Parkside }{eights Co. 806.96 feet to land now or formerly Parkside Heights Co.; RUNNING thence along land now or formerly Parksid,a Heights Co. and along land now or formerly Cleaves Point Condominium the following two (2) courses and distances: CONTINUED ON }IAGE 6 PROTECTIVE COVENAPlTS SU~M IT ESTATES Page 6 AND RESTRICTIONS (1) South 54 deg. 06 min. 18 sec. West 206.72 feet, (2) South 10 deg. 39 min. 48 sec. West 540.89 feet to the highwater mark of Gardiners Bay; RUNNING thence North 88 deg. 30 min. 49 sec. West along the highwater mark of Gardiners Bay 97.34 feet to land now or formerly Crescent Beach Condominium; RUNNING thence along land now or formerly Crescent Beach Condominium and along land now or formerly Gusmar Realty Corp. the following three (3) courses and distances: (1) North 10 deg. 39 min. 48 sec. (2) North 54 deg. 06 min. 18 sec. (3) North 36 deg. 51 min. 12 sec. East 513.12 feet, East 203~55 feet, West 758.07 feet to the southerly side of the aforementioned 50 foot wide Easement; RUNNING thence on a curve to the right having a radius of 810.00 feet along the southerly side of the aforementioned Easement a distance of 100.32 feet to the point or place of BEGINNING. TOGETHER '" ~ ~l~h a 50 foot wide easement-for ingress and egress for this Parcel III "Map of Summit Estates, Section 1". Also known and designated as Lots No. 1 through 35, and the open space parcels (Parcels A, B, and C), and the Park and Recreation area (Parcel D.) on a certain map entitled "Map of Summit Estates: at East Marion, Town of Southold, Suffolk County, N.Y.", filed in the office of the Clerk of the County of Suffolk on the day of as Map No. CONTI~JUED ON PAGE 7 ~ECTIVE COVEI'JA/qT$ S [Jt4[q I T ESTATES Page / AFJE, RESTRICTIOHS WHEREAS, the Declarant desires to m~Jc.e this Declaration setting forth rese~zations, restrictions, covenants~ conditions and agreements, subject to which the proper~y shown on said map is now held and shall be sold and conveyed. N©Wt T~EREFORE, the aforedescribed premises Shall be subject to the following covenants and restrictions which shall run with the land: ~lo lot shall be subdivided or its lot lines changed in an~ manner at any future da~e unless authorized b~£ the To,~ of Sou~hold Planning Board: Due to the minimum lot area requirement of. the zoning classification of this property being consideraDly less than the area of Lot ~o. 33, Lot 1~o.33 shall be made subject to a oovenant that will prohibit its future subdivision. The fence which e~tends i~to park and recreation Parcel D is to be removed,~ as are the stz-uctures which are shown in that area. All stormwacer runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Roa~'25) or into the State recharge basin. No sanita~f disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater zn/noff shall be dJ. scharged directly into Gardiner's Bay in any manne]r. The following terms shall apply to the Open Space parcels At B and C. a) These areas shall be owned by the Homeowners Association for Sununit Estates. CO['$TIblUED ©r,J PAGE · '/ P'ROTECTIVE' COVEN~.NT$ A~D }~ESTRICTIO?.IS /SUMMIT ESTATE,% ./ Page 8 ~ b) These areas shall remain in their natural state. Haintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. Any use of this area for parking or for any vehicular access to the Park and Recreation area shall be subject to Planning Board approval. c) No structure or building shall be placed within these areas. The terms "~tructure" and "building" shall be interpreted as including, but not limited to, swLmming pools; patios; garages; sheds and other storage buildings; structures for the housing cf domesticated animals; the storaqe of boats, trailers, recreational vehicles; and the placement of fences. The following terms shalll applsr to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for Sud~mlit 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) .~'~.y building, smruc~ure or parking to be located on parcel D, shall be subject to Southold Town Planninq Board approval. Any building, structure or parking alloweid by the Planning Board shall be located to the northerly side of a line connecting the following tws points: 250' north of Gardiners Bay on the easterly property line of the Park and Recreation are~, and 310' no~h of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the suJDdivision map for Summit Estates. 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. CO[ITINUED ON PAGE 9 PROTECTIVE CO ~ EI,~ANT.. SUMMIT ESTATES Page 9 Alh~D RESTRICTIONS 10. 11. The 9' wide strie of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final s%ubdivision map is to be offered for dedication to New York State, and is to be kept availaSDle for dedication in perpetuity, hy the Homeowners Association for future highway purposes. The dock, and any futurg e~p_ansion of such, cannot be conveyed separately from Lot No. 33 except by pezTmission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be no the owne:r(s) of the park and recreation area only. 12. The declarant grants the continuing right in perpetuity to the Town of Southsld or any of its designated representatives to inspect any areas designated as open space, commons areas or any similar area described by a differen~ nomenclature, so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. _ Declarant grants the continuing ]right in perpetuity to the Town of Southold or any of its desi_cnnated representamives to enforce the conditions and reg~ric~ions of the covenants as they relate to the open space, common area or any similar area described by a different nomenclature, and to take any legal action it deems necessar-_z to enforce the conditions and restrictions of the covenanns. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distribum~es, successors, assigns and transferees. CONTINUED Of! PAGE 10 Summit Estates Covenants and Restrictions 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSS~R REALTY CORP. STATE OF NEW YORK: COUNTY OF SUFFOLK: ss. ~day of On this I -1~[~ , 19~, before me personally came ~o%z~ F~, to me known, who, being by me duly sworn, did depose and say that he resides at %~%~7~A ~ ~ ~L~hat he is the ~.~r. of GUS~AR REALTY CORP., the corporation desdribed in, and which executed the foregoing instr~ent[ ~t ~ kncws~h~l ~ o~uoi~atiun; that the ~-~ixed to ~iid inst~nt is ~ corpn~eo ~]; that w~s so ~~r of--the--~ard--of d-' sai~rp~ion~ and that he signed, his n~e thereto by like order. .,.. ~,' ~.~ ~ ~'~/~- Pacnt, av C. Cta~N EUGENE L, 'x~[SHOD TODD A. KNALrER BRL~a~ T. EGAN CAHN WISHOD ~ KNAUER, LLP A2'I-ORNEYS AT EAT' 425 BROADHOLLOW ROAD, SUITE 315 ~'IEL~,qLLE, NET' YORK 11747 (631) 752-1600 F,~x: (631) 752-1555 E-bLxtt: info@cahnwishod.com August 24, 2001 VIA FACSIi¥IILE AND REGULAR MAIL Board of Town Trustees Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Gus-Mar Realty Gentlemen: We are the attorneys for Gus-Mar Realty. You will recall that our application was to (1) minimally re-grade the existing area; (.2) replace grass seed and other natural vegetation; and (3) repair the existing sprinkler system to preserve the grass. We appreciate the time you took to visit our site and look forward to implementing the changes you suggested. Our client informs us that they are continuing the dialogue with the New York State Department pt'Environmental Conservation ("DEC") regarding DEC's plans for the site. In order to coordinate the designs of both the Trustees and the DEC, we respectfully request that the hearing on our application scheduled for Wednesday, August 29, 2001, he adjoomed so that we may present the Trustees with a plan approved by DEC. Thank you for your consideration of our request. Respectfully yours, BTE:bk / cc: Southold Town Justice Court (Ticket No. Al098),./' Ms. Donna Geraghty (Gus-Mar Realty) B~L~T. EG^N CAHN WISHOD & KNAUER, LLP A2~FORN£YS AT 425 [~ROADHOLLOW ROAD, SUITE 315 MELMLLE, NEW YORK 1174' t631)'52-1600 FAx: (631) 752-1555 E-MAlt: info@cahnwishodcom Jul3.' 23, 2001 VIA FACSII~IILE AND REGULAR MAIL Board of Town Trustees Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Gus-Mar Realty Gentlemen: We are the attorneys for Gus-Mar Realty. You will recall that our application was to (1) minimally re-grade the existing area: (2) replace grass seed and other natural vegetation; and (3) repair the existing sprinkler system to presma'e the grass, We appreciate the time you took to visit our site and look forward to implementing the changes you suggested. Our client informs us that the)' are continuing the dialogue with the New York State Department of Environmental Conservation {"DEC") regarding DEC's plans: for the site. In order to coordinate the designs of both the Trustees and the DEC, we respectfully request that the hearing on our apphcat on schcdmed rot ;~ eu lc>ua3, ou 3 ~.o, ~.00 ,, bc adjourned so that we may present the Trustees with a plan approved by DEC. Thank you 1hr 3'our consideration of our request. Respectfully yours B TE:bk ~B75~dd~ cc: Southold Town Justice Court (Ticket No. Al098) Ms. Donna Geraghty (Gus-Mar Realty) Ricl~u~.~ C. C~t~ EUGENE L. W~SHOO TODD A. KNAUER BP.L~ T. EGAN CAt-IN WISHOD & KNAUER, I,I,P x¥~f'ORNEYS AT LAW 425 BROADHOLLOW RO.M), SUITE 315 I~.{ELVILLE, NEW YORK 11747 (631) 752-1600 Fy~X: (631) 752-1555 E-M.ML: info@cahnwishod.com July 23, 2001 VIA FACSIMILE AND REGULAR MAIL Board of Town Trustees Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Gus-Mar Realty Gentlemen: We are the attorneys for Gus-Mar Realty. You will recall that oar al?plication was to (1) minimally re-grade the existing area; (2) replace grass seed and other natural vegetation; and (3) repair the existing sprinkler system to preserve the grass. We appreciate the time you took to visit our site and look forward to implementing the changes you suggested. Our client informs us that they are continuing the dialogue with the New York State Department of Environmental Conservation ("DEC") regarding DEC's plans for the site. In order to coordinate the designs of both the Trustees and the DEC, we respectfully request that the hearing on our application scheduled for Wednesday, July 25,2001, be adjourned so that we may present the Trustees with a plan approved by DEC. Thank you for your consideration of our request. Respectfully y,our~ Brian 'I5 BTE:bk cc: Southold Town Justice Court (Ticket No. AI098) Ms. Donna Geraghty (Gus-Mar Realty) P, 02 CAHN WISHOD c~ KNAUER, LLP 425 BRO,~)IlOII.O~ ROAD, SUITE 3i5 (631) 752-1600 FAx: (631) 752-1555 mfo@cal'mwishod.com July 23,2001 5?_,,M~?_LZ~.IINI IL~ AN_D~ REGULAR MA th J~oard o f Town Trustees T0~11 of Southo}d 53095 Route 25 P.O Box 1179 $outhold, New York 11971-0959 Re: A_A~l/cation We are thc attornzys for Gns-Mar Realty. You wil} recall th,at our apphcafion was to (l) minimally re-grade the existing area; (2) replace grass seed and other natural vegetaion; and 1'3) repa h' fl~e existing spl'inkler system to preserve the grass. We ~ppreciate thc time you took to visit our sit~ and look forward to implementing thc changes you suggested. Our client iulbnns us that they are continuing the dialogae with the New York State {)cpa~tmcn/of Environmental Conservation ("DEC") regarding DEC's plans For file site. In order to coordinate the designs oFboth the Trustees anti the DEC, w2 respectfl.flly request that tile hearing on our application scheduled for Wednesday, July 25, 2001, be adjourned so d~at wc may plesen; the Trustees with a plan approved by DEC. Thank you for your cm~sideration of om' requc,~t. Respectfully yours. BlT hk cc: ~onlhold Town Justice CmnJ (Tickcl No. A 109~) Ms. Domm Geraghty (Gus-Mar Realty) .;uu-4~-4uO! MON 02:03 PM OAHN P, t{RI&N T. l~o.t.N CAi.IN WISI.[OD & KNAUER~ A't'l DRNE¥S AT LA'A, 425 Bl~oAF;liot.r OW ROAD, SUITE Mf~r.vll.t.E, NEW YOrK 11747 (631) 752 - 1600 f,'^x: (631) 752-I555 B-MArt: in E~ t~ca}mwishod.com ~..EI,ECOPIER COV~_;R LETTER_ DATE:. July 23,200_]~ .... PI,IiASE DELIVER TI IE FOLLOWING .PAGES TO: NAME: Town c¢[..,~utb.qld Bo. affd o£TuIstq~ OFfice ...... TELECOPIER TEL NO.: _f631) 765-1366 TELF. PIIONE NO.: -, . _(631'1 765_5-.189,2 I'.OCATION: FROM: Brian T. ~.gm~, ~Scl. __ TOTAL NUMBEF, OF ['AG ES iNCLUDING COVER LETTER: 2 CAHN W/SHOD & KNAUER, LLP AqTORNEt-S Al- L~w 425 BROADHOLLOW ROAD, SLIITE 315 MEL",'ILLe. NE~' YORK 11747 (631) 052-1600 F.~: (631) 752-1555 E-~Nlt:intb~cahnwishcxl.com June 14. 200l Board of Town Trustees Tot~ u o f Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Gus-Mar Realty Gentlemen: We are the attorneys tbr Gus-Mar Realty. You wil/recall that our application t~ as to (1) minimally re-grade the ex/sting area: 121 replace grass seed and other natural vegetation; and (3) repair the existing sprinkler system to preserve the grass. We appreciate the time you took to visit our site and look forward to implementing the changes you suggested. Our client informs us that the3' are continuing the dialogue with the New York State Department of Environmental Conservation ("DEC") regarding DEC's plans for the site. In order to coordinate the desi~v~ of both the Trustees and the DEC, we respectfidly request that the hearing on our application scheduled for Thursday, June 2 l. 2001, be adjourned so that we may present the Trustees t~ith a plan approved by DEC. Thank you for your consideration of our request. Respectfully yours, BTE:bk Brian T. EgV '~ cc: Southold Town Justice Court tTicket No. Al098) Ms. Donna Geraghty {Gus-Mar Realty) INCIDENT REPORT CRESCENT BEACH CONDOMINIUM ASSOCL, kTION Board of Trustees Town o£ Southold Members of the Board: We, the residents of Crescent Beach Condominium, wish to alert the Board to our concern over the regrading project undertaken by Gusmar I~ealty for Summit Eslates. Previous actions by Gusmar, including construction of a four foot cement wall along, and regrading of, the entire length of the land running adjacent to Crescent Beach has resulted in major flooding on our property, and necessitated major capital expenditures on our pan to 'alleviate (but not eliminate) the problem. Not once did Town officials offer any redress. We have no desire to interefere with an appropriate eft'on on the part of our neighbors to maintain and beautify their property. However, we request that the Board set specific guidelines to protect our property from h~creased flood risk tm a result of this applicant's projects. We also request information on what redress we may have if these guidelines are not adhered to. We cannot Mit)rd to and will not bear significant additional financial bm-den as the result of approved or unapproved actions by our neighbors. We will seek every level of relief to which due process avails us. Thank you tt)r your caret-u{ consideration of our requests and concern. t, Board of Managers CLEAVES POINT CONDOIVllNIUMS tJ VILLAGE ,J COMMONS t~ CLUB AND MARINA. INC. P.O. BOX 29 GREENPORT, NEW YORK t'1944 [6311 477-8657 ["AX (63])qTT-EI657 May 22, 2001 TO: RE: Board of Trustees, Town of Southold Gusmar Reahy SCTMtilO00--3$-7-10.2 Application for Pm'mit to "regrade, reseed, fix existing sprinkler system" on that parcel designated Park and Recreation Area of Summit Estates Cleaves Point Commons Condominium, being an adjacent property owner o£tbe above noted parcel for which an application for Permit is being made. wishes to express concern thai the work ab'eady implemented, and an_,,' t'uture work in this respect, might result in problems with run-offcreated by altering the grade We would also like to take this opportu[dty to quest/on the vehicular traffic that habitually crosses over this Park and Recreation area to access tile foot of the dock. Does the CC & R document for Summit Estates re£er to this situation, and bow so? Bt' the way, Clea,,'es Point Commons Condominium was ~ ot serxed a Not'ce to ?kdjacent Property Owner", and we would appreciate that the records be noted to do so in the future. Thank you for )'our considerations. Sincerely yours, Susan Hallock, Manager Telephoae (631) 765-1892 Town Hall, 53095 Ma/n Road P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, May 14, 2001, the following recommendation was made: GUSMAR REALTY 38-7-12 to re-seed and grade exist ng area, fix e~isting sprinkler ' system. ' - 1695 Shipyard Lane, East Marion The CAC did not make an inspection, therefore no recommendation was made. Name: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: Parkside tleights Co. Gusmar Realty Crescent Beach Property Owners Assoc. Cleaves Point Club & Marina P~ter Mourkakos 43 West 54a St. N.Y., N.Y. 10019 13-15 37m Ave. L.I. City, N.Y. 11101 P.O. Box 586 Greenport, NY 11944. P.O. Box 29 Greenport, NY 11944 P.O, Box 212 Alpine, N.J. 07620 STATE OF NEW YORK COUNTY OF SUFFOLK ' ~'~'* ~ -J~"~--w~ . , be~ng duly swor~, deposes and Says that~' on the % day of ~o~. ,~',O~, deponent mailed a true copy of the Notice set ~th-~n the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that sai~ Notices were mailed at the United States Post Office at _C~v~3-Jw~.~ , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to___bgfore me this day of Albert ,J. Kr~pski, Preaident Jnme~ l~Jng, Vice-President Heno' Smith ~e Fo~ter Ken PoHwoda Town Hall 53095 Route 26 P.O. Box I179 Soathold, Now York l1971-0959 Telephone (63t) 765-159~ Fax (631~ 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING eing du'~y-~w6-~n~ ~pose and say: That on the '[ day of F{!~ , 20fi~. I Dersonally posed the property known as____~,~,5~q,~ ~.L~__~'O ,~ n IL) __ by placlng the Board of Trustees o~flctal pester where it can easily be seen, and that I have checked to be sure the poste~ has rsmained in place for eight days prior to the date of.~e _ public hearing. Date of hearing noted thereon to be held~ Dated: S~n co before me this 7_~ day of ~b. 200 24'02 Tit1:14:29 Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES ToxArN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application ~" Major __ Minor · Waiver/Amend men_¢t//C h~,~n, ges ~Rec~ived Application:~ c,/~2~ Received Fee:$ '-'2,.~,.'w. Jd /..,.l,., Completed Application /~>/c __Incomplete SEQRA Classification: Type I _Type II Unlisted Coordination:(date sent)~ [.~tv . CAC Referral Sent: Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Hearing Held: ~f~/fo / Resolution: ' NameofApplicant ~--,-c~ ../T)/'4P_ Address~ ~, - 1 -.~ ~ '? ~_~_C ~,~. 5:~_/i I. ,2 [ Phone Number:~r~ SulTolk County Tax Map Number: Property Location: % i-~ ~ P ,/r~ R D /, J3 £f~'T p rovide LILCO Pole fi, distance to ~ross stre~s, and lo~ation) AGENT: ~,~ ~ ~ ~ HT~ - fd2y~isC abl~ tC~ci 5 ~ i~ / f'v'nRP B~ard of Trustees A~plicatio~ Land Area (in square feet): Area Zoning:_ GENERAL DATA Previous use of property:. ~l~f~ k5 Intended use of property: C ?P_---~ Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? v/No Yes If yes, provide explanation: Project Description (use attachments if necessary): WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot; O _square feet Percent coverage of lot: c'[ ~9 Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: ~ 0 ~' feet Does the project involve excavation or filling? ~'/No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? ~ cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations:_ Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Albert J. Krupsld, President~ James King, Vice. President Henry Smith Art~e Foster Ken Pollwoda Town Hall · 53095 Route 25 P.O. Box 1179 Sou thold, New York 11971~0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In/~he Matter of the Application 2~ ' of . ' COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I,~~ ~-~~, residing at '~__'~ being duly sworn, depose and say: That on the day of ~' , 200_f I~e~on~iy pos:ted the property known as ~~~%~ <L~3~, L~3 ~ ~. by placing the Board of Trustees official postler where it can easily be seen, and that I have checked to be Sure the poster has remained in place for eight days prior to ~he date of public hearing. Date of hearing noted thereon to be held Dated:~//~/W/ Swo.~n to before me this /~/ day of /~ 200/ Not~y Public ELIZABETH A STATHI$ NOTARY PUBLIC. Stale of New York No. 01ST6008173. Suffolk Counly Term Expires June 8.2~ (signature) ,~ ,~ APPROVED TOWN OF SOUTHOLD 0 0 d -- 0 LL. ~ 0 0 r.. o LU ~ LIJ 0 0 0 LU -.. . .. .-., · , ~ '¥~ ~ cc. tT ~.' ' , DEC~-~_IO~[ OF ~ JUl ~$ ~992 _..GT_C_I~ COrNeTS ~ ~STRICTIO~IS= S~iT ESTATES ] ~; ~ANS[ER TAX ' EAST MARION ] 'SUF~0LK DEC~_TION made t~s ~ day of .J~7 , 1992, by GUS[~ CO~., a domestic co~oration having its ur~ n~iua] lace of business at 13-07 37th A_venue, Long Island CLty, l[ew York 11101, hereinafter called the Declarer. Nh~_~S, the Declarer of Cove~ a~d Restrictions ~il! be filed before the mad of S~m~t Estates is filed in the office of the Co~t-; Clerk. W~E~AS, the Declare= is the owner in fee sLmple of the fol!owinq described pre,sas: side of Shipyard 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: PARCEL I BEGINNING at the intersection of the westerly side of Shipyard and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence from said point of beginning along the westerly Lane the following two (2) courses and distances: (1) South 37 deg. 45 min. 52 sec. East 833.33 feet, .~) South 37 deg. 06 min. 12 sec. East 9.98 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or f~rmerly Gusmar Realty Corp. the following thirteen (13) courses and distences: (1) South 52 'deg. 53 min. 48 sec. West 200.00 fee~, (2) South 37 deg. 06 min. 12 sec. East 63.84 feet, (3) South 52 deg. 14 ml~. 08 sec. West 201.23 feet, (4) South 69 deg. 05 min. 45 sec. West ~O.15 feet, (5) South 54 deg. 15 min. 38 sec. West 161.50 feet, (6) South 35 deg. 44 min. 22 sec. CONTINUED ON PAGE 2 East 45.0.0...~ SbJ:' r'[/ , ' / ~R'OTE~TIVE'COVENANTS aND RESTRICTIONS / SU~IT ESTATES ' · Page 2 (7) on a curve to the left having a radi~s of 120.32 feet a distance of a distance of (10) (ii) (12') 166.66 feet, South 25 deg. 06 min. 12 sec. East 50.00 feet, on a curve to 35.58 feet, South 06 deg. South 76 deg. .South 20 deg. the right having a radius of 170.32 feet 23 min. 29 sec. E~st 11.5.00 feet, 22 min. 24 sec. East 118.03 feet, 18 min. 14 sec. West 173.64 feet, (13). South 55 d~g. now or formerly John and Marguerite Tam Aexel; ' RUNNING thence North 34 deg. 32 min. or formerly John and Marguerita Tam Aexel formerly Otto and June Schoenstein 185.38 -Gusmar Realty Corp. 27 min. 28 sec. West 160.97 feet to land now 32 Sec. West along land and along land now or feet to land nbw or formerly RUNNING thence along land now or formerly Gusmar Realty the following seven (7) courses and distances: (1) North 55 deg. 27 min. 28 ~ec. East 200..18 feet., . (2) ~[orth 06 deg. 23 min. 29 sec. West 127.40 feet, (3) a distance of (4) (5) a distance of Corp. West 404.01 feet, a radius of 40.00 on a curve to the right having a radius; of 170.32 feet 180.30 feet, North 35 deg. 44 min. 22 sec. on a curve to the left having feet 34.53 feet, CONTINUED ON PAGE 3 PROTECTIVE COVENANTS AND RESTR'ICTIONS SUMMIT ESTATES Page 3 . (6) on a curve to the right having a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. now er formerly New York State Department of Public Works; RUNNING thenoe along land now or formerly New York State Department of distances: southerly Public Works a radius of 60.00 feet East 102.09 feet to land Rte. the following' five (5) courses and .South 33 deg. 35 min. 38 sec. East 96).04 North 56 d~g. 24 min. 22 sec. East 300.00 (3) North 33 deg. 35 min. 38 sec. West 300.00 (4) South 56 deg. 24 min. 22 sec. WeSt 265.00 (5) North 33 deg. 35 min. 38 sec. West 201.82 side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the'southerly side of Main Road 25) (2} courses and distances: 43 min. 48 sec. 30 min. 58 sec. the following two (1) North 63 deg. (2) North 56 deg. westerly side of feet, feet, feet, feet, feet to the (N. ,Y.S. East 17.09 feet, East 430.21 feet to the Shipyard Lane and the point or place of BEGINNING. . PARCEL II 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: CONTINUED ON PAGE 4 · / PROTECTIVE ~O~ENANTS AND RESTRICTIONS / SUM~IIT ESTATES / Page 4 ~ (1) South 56 deg. 30 min. 58 sec. West 430.21 feet, (2) South 63 deg. 43 'min. 48 sec. West 52.38 feet; RUNNING thence from said point of beginning South 33 deg. 35 min. 38 sec. East along land now or formerly New 'fork State Department of Public Works 282.06 feet to land now or formerly Gusmar Realty Corp.; RUNNING thence South 54 deg. 15 min. 38 sec. West along land now or formerly Gusmar Realty Corp 346.24 feet Larry D. and Allison C. Bouts; RUNNING thence North 35 deg. 44 min. 22 sec. now or formerly Larry D. and Allison C. Bouts and to land: now or formerly West along land along land now or fgrmerly Antonios G. and Caliope 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. following three (3) courses and distances: Rte. 25) the North 70 deg. 34 min. 48 sec. East '93.75 feet, North 76 deg. 32 min. 48 sec. East 221.37 feet, North 63 deg. 43 min. 48 sec. East 62.85 feet to land now or formerly New York State Department of Public Works and the point or place of BEGINNING. BEGINNING at the northeasterly corner of the parcel about to be descr'ibed 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): CONTINUED ON PAGE 5 PROTECTIVE COVENANTS AND RESTRICPIONS SUMMIT ESTATES Page 5 (1) South 37 deg. 45 min. 52 sec. East side of Shipyard Lane 833.33 feet to a point, (2) South 37 deg. 06 min. 12 sec. East westerly side of Shipyard Lane 702.48 Gusmar Realty Corp. and the southerly connecting the westerly side of Shipyard Lane and the of a 50 foot wide Easement for ingress and egress for of "Map of Summit Estates, Section 1", along the westerly still along the feet to land now or formerly terminus of the arc of a curve southerly Side this Parcel III (3) on a curve to the left, connecting the westerly side of Shipyard Lane and the soutl]erly, side of the aforeme~.tioned 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 deg. 53 min. 48 sec. 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; RUNNING thence from said point min. 12 sec. East along land now or of beginning South 36 deg. 51 formerly Gusmar Realty Corp. and land now or formerly Parkside Heights Co. 8D6.96 feet to land now or formerly Parkside Heights Co.; RUNNING.~hence along land now or formerly' pa~kside Heights Co. and along-land now or formerly Cleaves Point Condominium the following two (2) courses and distances: CONTINUED ON PAGE 6 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 6 highwater (1) South 54 deg. 06 min. 18 sec. West 206.72 feet, (2) South 10 deg. 39 min. 48 sec. West 540.89 feet to the mark of Gardimers Bay; RUNNING highw~ter mark of Gardiners Bay 97.34 Crescent Beach Condominium; RUNNING thence along land now or formerly:Crescent Beach Condominium and along land now or formerly Gusher Realty Corp. the'following three (3) courses and distances: thence North 88 deg. 30 min. 49 s!ec. West along the feet to 2and now or formerly Ea$t 513.12 feet, East 203.55 feet, West 758.07 feet to the (1) North 10 deg. 39 min. 48 sec. (2) North 54 deg. 06 min. 18 sec. (3) North 36 deg. 51 min. 12 sec. .southerly side of the aforementioned 50 foot wide Easement; RUNNING thence on a curve to the right having a radius of 81'0.00 feet along the southerly side of the aforementioned Easement a distance of 100.32 feet to the point or place o.f BEGINNING. TOGETHER with a 58 foot wide easement-for ingress and egress for this Parcel III "Map of Summit Estates, Section 1". Also known and designated as Lots No. 1 through 35, and the open space parcels (Parcels A, B, and C), and the Park and Recreation area (parcel D) on a certain map entitled "Map of SummiB Estates at East Marion, Town of Southold, SuffOlk County, N.Y.", fi%ed in the office of the .C~erk of the County of Suffolk on the day of as Map No. CONTINUED ON PAGE 7 /PR@TECTIVE COVENANTS AND RESTRICTIONS · / SUH~flT ESTATES W~REAS, the Declarant desires to ma3~e this Declaration setting forth resei-~aticns, restrictions, covena]sts, conditions and agreements, subject to which the property shown/ on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: THEREFORE, the aforedescr~bed premises Shall be following covenants and restrictions which shall run }lo lot shall be subcLivided or its lot lines changed in e_ny m~nner at a~y future date ~nlees authorized by the Town of Southold Pl~ng Board: Due to the minimum .lot area requJlrement of. the zoning classification of this prope~ay being considerably less than/ the area of Lot No. 33, Lot No.33 shall be made subject to a covenant that will prohibit its future subdivision. The fence. ~h£ch extends into park and recreation Parcel D is to be removed, las are the structures which are shown in that are~. All stormwater ~-unoff resulting from the development and improvements of this subdivision, or any of its lots shall be retained, on the site and shall not flow out onto Main Road (State or into the State recharge basin. No sanita~y disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. NQ sto~water runoff shall ~e discharged directly into Gardiner's Bay in any ~anner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estat,es. CONTINUED ON PAGE 8 PROTECTIVE COVENAWTS AND · /SUMMIT ESTATES . Page 8 ~ESTRIC ~/0[ 5 b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activimy allowed, othe~ than passive recreation. Any use of this area for parking or for any vehicular access to the Park amd Recreation area shall be subject to Planning Board approval. c) Mo structure or building shall be placed within tbe~e areas. The terms "structure" and "building" shall be interpreted as including, but nom limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals;, the storage of boats, trailers, recreational vehicles; and the placement of fences. The~following terms shall apply to the Park and .~Recreation parcel D. a) This area shall be owned by the ~omeowners Association for Summit Estates. b) -These areas shall ~emain in their natural state. Maintenance of the Inaturel vegetation shall ~e"~the only use or actlvlty allowed, other ~han passive recreation. c) A~.y building, struc%ure ~r parking to be located on parcel D, shallI be s~ject to Southold Town Planning Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the n~rtherly side of a line connecting the following t~o points: 250' north of Gardiners Bay on the easterly property line of the Park and Recreation are~, and 310' north of Gardiners Bay on the westerly property line of the Park. and Recreation area~ as indicated on the subdivision map for Summit IEstates. o The drainage pond located o.n Lot~ 14 and 15 of the final smbdivision 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 reg~aded. CONTINUED ON PAGE 9 · y 01506 ' · - · i, Iol PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES . Page 9 10. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final s~bdivision map is to be offered for dedication to New York State, and is to be kept available for dedication in perpetuity, hy the Eomeowners Association for future highway purposes. 11. The dock, and amy futur~ expansion of such, cannot be conveyed separately from Lot No. 33 except by pez-mission 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. 12. The declarant grants the c~ntinuiag right in perpetuity to the Town of $outhold or any of its designated representatives!to inspect a~y areas designated as open space, eommon areas or any similar area described by aldifferent nomenclature, so as to insure continued qompli~zce with the. covenants, terms and provisi~ns designated herein in regard to same and to insur~ that: such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or ~ny of its designated representatives to enforce t~e conditions a~d regtrictions of the covenant~ as tJhey relate to the open space, common area or a~y similar area described by a dif~eren~ nomenclature, and to take a~y legal action it deems necessary to'enforce the conditions and restrictions of the c~ovenan~s. These rights of inspection and enforcement shall be binding upon declarant, thei~ heir.~, e~ecutors, legal'.representatives, distributees, successors, assigns and transferees. '1, CONTINUED ON PAGE 10 . . ii5 i132 ' ' ' '~a~e, 10 .... Summit Estates Covenants and Restrictions 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. STATE OF NEW YORK: COUNTY OF SUFFOLK: : ss. 7~day of ~' On this I ~[~ , 19~, before me personally came ~o~AL~, to me known, who, being by me duly sworn, did depose and say that he resides at %~%~DJ~A ~% ~6. ~L~hat he is the ~r. of GUSheR REALTY CORP., the corporation desdribed in, and which executed the foregoing instr~ent[ ~-h~ws th~l ~~oratlon~ Lh=L L~eal~ixed to sal~-lnsf~nt is s-c · was so ~~~Z ~rd-of- dir~ '~ ccrp$~ion~ and that he si~ed his n~e thereto by like order " ..... ~N6ta~ Pu~ic ~ AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND- RESTRICTIONS ("Declaration") made this 16i~b day of D"OPE , 2!000, by Peter Fakiris, President of Gusmar Realty Corp. (hereinafter referred to as "Declarant"). 'J~-I~ ~'7~-~"~ ~d~ z.,.l C, t,4.~ IIIo[ WITNESSETH: WHEREAS, GusmaF Realty Corp., by Declaration dated and recorded in the Office of the Clerk of Suffolk County on July 23, 1992, in Libor 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 2/~, 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, Conditidn Number 11 of such Declaration is deleted in /ts entirety and replaced with the following: "The dock will be conveyed to the Summit Estates Home Owners Association inc., subject to the fallowing conditions: The use of the dock for docking and moodng purposes shall be.l)mited to that allowed under chapter 100-31 C.(3)(a} of the Town Code ot~the Town of Southold. As per this Section of the Code, no more than ~o (2) boats other than those owned and used bythe ownerofthe premises, shall use the dock for docking or mooring purposes. In order.to further ensure that the use of the dock for docking or moodng purposes remains similar to that allowed for a single famiiy 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 boa~s 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 boa{'s other than those owned and used by the Summit Estates Home Owners Association, Inc., shall use tl'~e dock for docking or mooring facilities. 2. All members of the Summil 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. GUSMAR REALTY CORP. ST, t~TE OF NEW YORK SS: COL~NTY OF SUFFOLK EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK ,:DF 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 ANNEX DEED LIBER ! ~o..~-1 AT PAGE ~/ RECORDED ~"~ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE ~HEREOR I~ TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID ~UN~ AND COURT THIS D7 DAYOF ~ ~ ". CLERK 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 ~. NrUBAUER NOTARY PUBLIC, State of New Y~k No. 41-4196600 Ouahfied m Ou~ns Count~/ Term Expires September 30. 20 ~ Notary Public Dr. & Mrs. J. Mannjon Crescent Beach Condominiums Unit #11 2500 Maple Lane Greenport, NY 11944 February 20, 2002 To Board of Town Trustees Town Of Southold Planning Board Town Hell 53095 Ma~n Road Southold, NY 11971 Summit SCTM# 100D~38-7 12 l~e purpose of this letter is to strongly object to the plane of SumnlJt Estates to plan! trees and put a s~x foot fence adjacent to our property, which ia a ~iolafien of tr~e ~eclaratlon of Protecti~ Co',enants and Res[fictions for tt~e subdivision dated Ju~y ;~3, 1992 Th~s parcel was to ~emaln m itc natural state, u February 20, 2002 MEMORANDUM TO: FROM: SUBJECT: Southold Town Trus%ees Kathleen & Fred Zoeller Gusmar Properties We are residents of C~esc~nt Beach Condominium, Unit 16, which neighbors the sub3ect property. We are strongly opposed to the installation of any fences or the further planting of trees. Previous similar actions by the subject h~s resulted in serious damage and expense to the Condominium. Very truly yours, rt~r~ dt] £17 ll:.~la p. l Februar_~ 1 8. 2002 TOX, VNr OF SOUTHOLD MAIN ROAD SOUTHOI.D. NEW YORK AFTENTION: BOARD OF TRUSTEES ~'~-~" ' "' P k .-M'~NING B O.,~,D GENT! V."E STRONGLY OB.~CT TO THE PROPOSe, BY ~ ADJACENT PROPERTY Ok~ER FOR THE INST>~LATION OF A SIX FOOT ~GH FENCE ,~D 'I'H~ ~LXSSIVE PL:~TINGS OF T~ES. THiS OB~CTION IS BASED ON THE [ACT '[~,~T THE PROPOSED ACTIVITY IS IN DIR~,CT VIOLATION OF TIlE 'COVEN,'~TS ,~D ~STRJCTIONS' PERV~G TO USE AND DEVELOPMENT OF THIS P,~CEL 'D' IN T~ SU~¥~ 1' ESTATES SUBDIVISION. WE ~SPECTFULLY REQ[~ST THAT YOLrR BOA~S EXERCISE YOUR ,.xUI'HO~TY TO ENF'ORCE 'r}~ AG~ED L~ON PROVISIONS SET FOWl H IN 'l'~ SUgDIV[SION DECLARATION. X~ ALSO REQUEST FHAT IF ANY PART OF ~HIS ~QU~ST DOES NOT F:~_I. WI'i H[N YOUR SPECH:IC .~SDICT[ON ]'~A[ YOU PUT IT ~ T~ [f~NDS OF I'IIOSE IN T~ TOWN OF SOUTHOLD ~¥]10 DO ~DkVE ~ AUTHORITY TO PROTECT T~ SHO~I.IN~ FROM U~CESS.~Y OVERDEVELOPN~!NT. /.:'JO~ARN - ~&T~,EEN O~,~RS - ~IT g 1 C~SCENT BEACH CO~ON~L~I Februm',., 20.2002 To the Board of Managers, ~fown of Southold Ref: SCI~MI000-3g-7-I 2 Dear Sir/Madam, Xl.'e are ~tronglv opposed to the petition submitted by Gus-Mar Realty to erect a 7ft. fence and a double row of cedar trees down both sides of his property line. His parcel of property is between Crescent Beach Condominiums and the Cleaves Point Con- domirdums. If this petition is granted it will not only be an en',Srortmental eyesore , it will block the s~ew enjoyed by the condo ovrners for over 20 years and last but not least it will dras- tically reduce the property values of said condominiums. I thank you in advance for your consideration. February 20,2002 To the Board of Managers, To~vn of Southold Ref: SCTMI000-3g-7-12 Dear Sir/Madmn, We are strongly opposed to the petition submit'ted by Gus-Mar Rea/ty to erect a 'Tft fence and a double row of cedar trees down both sides of his property line. His parcel of proper':)' is between Crescent Beach Condominiums and the Cleaves Point Con- dominiums. If this petition is granted it will not only be an environmental eyesore, it wSll block the view enjoyed by tke condo owners for over 20 years and last but not least it wil~ dras- tically reduce the property values of said condominiums. I tharkk you in advance for your consideration. Yours truly, Februa~3' 20,2002 To the Board of Managers, Town of Southold Ref: SCTM1000-38-7-12 Dear Sir,'Madmn, We are strongly opposed to the petition submitted by Gus-Mar Realty to erect a 7fl. ~:ence and a double row of cedar trees down both sides of his property line. His parcel of properly is betweer~ Crescent Beach Condominiums and the Cleaves Point Con~ dominiums. If this petilion is granted it 4411 not only be an environmental eyesore, it will block the view enjoyed by the condo owners for over 20 years and last but not least it will dras- tically reduce the property, values of said condominiums. I thank you in advance for your consideration. urs truly, DCJS-320~, (2/97) *FALSE STATEMENTS ARE PUN SHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW NOTICE Police Dept. - Bay Constable Town of Soutbold Peconic, New York 11958 NOTICE OF VIOLATION Date: Address: (Owner or authorized agent of owner) Address of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article II, Section 97-20 a premises hereinafter described in that You are therefore directed and ordered to comply with the fbllowing: on or before the da.,,, of .~.: .20 : The premises to which this Notice of Violation refers are situated at: Town of Southold, Suffolk County. NY (Suffolk CounD' Tax Map Designation: Dist. 1000 Sectkm: Block: Lot: ) Failure to comply with the applicable provisions of the law ma), constitute an offense punishable by fine or imprisonment or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of viola- tion should be modified or rescinded. /,"~ay Constable, Town of Southold, NY A-1098 Town of Southold Suffolk County, NY The People of the State of New York ? // ~6URT COPY 3 N oO ro o AY8 S~I3NIO~YO 1~'£6 E ~- -o 'E ~ 0~ 0 SITE DATA: 1. TOTAL AREA = 17.5056 ACRES 2. ZONING USE DISTRICT: 'R-4.0' RESIDENTIAL LOW DENSITY AA 5. TOTAL NO. OF LOTS = 10 /// N J5'44': W Katsirnatide~'sa"°Pe M AP OF -SUMMIT ESTATES SECTION 1 AT EASTMARION TOWN OFSOUTHOLD SUFFOLKCOUNTY,. N.Y. ~AS C. ~LPERT, N,Y,S. P.E. DC. NO. 61483 30000 s.f, ~ , r Reotty C( rPUblic ,,, Pertinent ~ m or fOrmerly OUsma, ~ ~:s~d~t:r / / · ~ ~Cres O~ 30000 ..... zg'°l' / R=170.32' N ' / < '~ LANE ~ ~ / 12' L-34.5j' ar Realty Cor~ -~ erin RObert ~ '. ~Ormerly / / / / , Stel~ / ~ohn & ,. former/,. / ~ ,' e ~ % to.. e t Condo~iniu~ · a' ~m ~E STANDARDS AND REQUlRE~EN~ OF ~E SUFFO~ COUN~DEPAR~ENTOF HEAL~. ] / / RI~RHEAD. N.Y. 11~01 ~IOAL SEWAG~ DISPOSAL Sys~ ROAD NOTE BY DA~: A DECLARATION OF COVENANTS AND RESTRICT ,ON5