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HomeMy WebLinkAbout1000-38.1-1-1 APPROVED. B~ PLANNING 'BOARD ~OWN O~ ~UTHOLD HENRY E. RAYNOR. Jr. , C~qJ~l. FREDERICK E. GORDON JAMES WALL Bennett Orlowski, Jr. George Ritchie Latham, ,Jr. Southold, N.Y. 11971 September 14, 1979 TELEPHONE 765- 1938 Mr. Charles Guhl Marine Place East Marion, New York 11939 Dear Mr. Guhl: The following action was taken by the Southold Town Planning Board at a regular meeting held September 11, 1979. RESOLVED to grant site ~lan approval to Crescent Beach Condominiums, map dated 2/13/79, to construct decks or patios as the building inspector has indicated that there will be sufficient parking area for the number of units. Yours truly, Muriel Tolman,Secretary Southold Town Planning Board Copy to George FiSher Sr. Building Inspector Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBERT W. Gl LLISPIE, JR., CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS June 15, 1979 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 RE: Crescent Beach Condominium, East Marion, New York - Appeal No. 2552 Dear Mr. Raynor: At a regular meeting of the Southold Town Board of Appeals held on Thursday, June 14, 1979, the Board passed the following resolution in connection with the above-captioned matter: On motion by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that Crescent Beach Condominiums, 45 Marine Place, East Marion, New York, be GRANTED permission to construct decks or patios with insufficient front and rear yard setbacks. Loca- tion of property: End of Maple Lane, East Marion, New York, known as Filed Map Condominium No. 62, upon the following conditions: (1) The decks or patios may not be enclosed and used as living quarters. (2) Site Plan Approval from the Southold Town Planning Board. (3) Approval of the Suffolk County Planning Commission. Very truly yours, 'Babette C. Conroy, Secretary Southold Town Board of Appeals mc TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECFOR TOWN HALL SOUTHOLD, N. Y. i1971 September 10, 1979 TEL. 765-1802 TO: SOUTHOLD TOWN PLANNING BOARD RE: CRESCENT BEACH CONDOMINIUM BOARD OF APPEALS #2552 JIYNE 14, 1979 SITE PLAN APPROVAL Gentlemen: The parking area has been and will be sufficient for the number of units. Respectfully submitted, GEORGE H. FISHER Sr. Building Inspector JOHN WlCKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 May 22, 1978 TELEPHONE 765- 1938 Mr. George Fisher Senior Building Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: Mr. James P. Kavanaghwas in the office this morning in reference to condominiums for property formerly known as Crescent Beach Motel. Approval of the sketch plan was made on November .15, 1973. There was no site plan approval but requirements listed for such by resolution dated October 7, 1974. Action was taken by the Board of Appeals on June 13, 1974 as per minutes of that date. There was no final approval granted. The map Mr. Kavanagh is now presenting is not the same map given conditional approval on the above dates. This letter is written at the direction of Mr. Henry E. Raynor, Jr., Acting Chairman of the Southold Town Planning Board. Yo ~u~s~ truly, ~/. ~ Muri~-t Brusy, Secretary .® Pt-ION£: 727-~700 SUFFOLK COUNTY CLERK'S OFFICE ARTHUR J. FELICE, COUNTY CLERK dune ~ ~ 3.978 To Whom This May Concern: The Subdivision Map of: Was Filed, Filed Number, 62 Abstract Number, Township, Book, ~ Page, .Yery truly yours County Map Department Form No. 49 October 19, 1977 To ~nom It ~iay Concern: The following action was taken by the Southold Town ........ ~ Planning Board at a regular meeting held November 15, 197U. RESOLVED that the Southold Town Planning Board grant sketch clan approval to Mr. James Eavana~h, Crescent Beach Motel, East Marion, New York, for sketch clan of condominium ProPosal. Yours truly, Muriel Brush. Secretary Southold Town Planning Board January 8~ 197! Rudy Bruer, F~q. Main Road Southold, New York 11971 Re: Crescent Beach Dear Mr, Bruer: The following action w as taken by the Southold To~n Planning Board at a regular meeting held November 15, 1973. On motion made by ~ir. Ooyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board grant sketch plan approval to Mr. James Eavanagh, Crescent Beach Motel, East Marion~ New York~ For sketch plan o£ condominium proposal. Vote of the Board: Ayes: - Messrs. Coyle, Ralmor, Grebe and No/ea. Yours truly, Muriel Brush, Secretary $outbold Town Planning Beard Mr. Robert Giltispie Southold Town Board of ~ Town Clerk' s Office Southold, New York 1197] Dear Mr. Gillispie: EncloSed please f~, Crescent Beach Motel, Iz The following reao] Board at a regular meet~ November 7, 1974 ~eals Crescent Beach map of proposed division of · Owned by James P. Kavanaugh. ,tion was passed by the Planning held October 7, 1974. RESOLVED that the $11owing be required on the site plan of Crescent Beach:~ ~e Covenants and$ ~strictions prohibit development of the open space in pe~etuity for other than recreational purposes. ! The lot upon which She house stands which will be retained by Mr. Kavanau~ shall be ~0,000 square feet. The Pl._arming Board..~tll then approve the map and submit it to the Board ~ Appeals. Mr. Rudy Bruer hasZSresented the Planning Board with the covenants and restr~tions as requested a~t you will note on the map that Mr 4. Kavanaugh has designated an area of ~0~000 square feet f~his homestead· I Yours truly, Enclosure Muriel Brush, Secretary Southold Town Planning Board LEFFERTS PAINE EDSON ATTORNEY AT LAW MAiN ROAD ' SOUTHOLD, N. Y. 11971 516 765-2500 October 9, 1974 Ms. Muriel Brush SoutholdTown Planning Board Main Road Southold, New York 11971 Re: Crescent Beach Motel Dear Ms. Brush: Enclosed please find four copies of the Covenants and Restrictions in connection with the above. Final maps will be forthcoming. .~ IRECEIVED BY TOYfN OF SOUTH©LD RHB:dbc i '~ ' Encl°surts.~__ ~ H. Bruer o/ "7 CRESCENT BEACH DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: That James P. Kavanagh, residing at (no number) Main Road, East Marion, New York, being the record owner of all the real property hereinafter described and the subject of this declaration, does hereby declare for himself, his successors and assigns, in consideration of the premises, and hereby makes known, publishes and declares, covenants and agrees that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants running with the land and binding upon all purchasers, owners, mortgagees, lienors and such other persons acquiring an interest therein or of any portion of said premises, and their respective heirs, executors, administrators, successors and assigns, which covenants and restrictions shall be and remain in full force and effect from the date of the recording of the within instrument in perpetuity. DESCRIPTION: See Attached Schedule The parcels designated as common areas ~ ~ shall not be open or available to the public for gen- eral or park use but shall remain at all times in the exclusive possession and for the exclusive use and enjoyment of owners of lots 1 - 21, inclusive. 1. The declarant shall at his own cost and expense establish a Not-For-Profit corporation for the benefit of owners of lots 1 - 21 as shown on said map, after 11 lots have been sold. 2. Each said lot ~wner or succeeding owner shall automatic- ally become a member of said Homes Association. 3. The owner of each lot shall bear one-twenty-first of the expenses of the Homes Association's activities, after ~ts form- ation. These expenses shall include any and all real property taxes levied after the date of the formation of the Not-For- Profit corporation. 4. Title to common areas shall be conveyed to the Homes Association promptly after the creation of said Association. 5. Lot owners shall have a proportionate vote in the affairs of the Homes Association and a proportionate right to the use and enjoyment of the common areas. 6. Upon the formation of the Homes Association, all res- ponsibility for the operation and maintenance of the common areas and the facilities thereon shall lie with the Homes Association, 7. Conveyances from the developer to the owners of lots 1 - grant of an easement of enjoyment over the until such time as 21 shall include a said common areas, such easement to continue said Homes Association is created. 8. The Homes Association shall have the money for improvements as security for said improvements to the 9. The Homes Association shall have right to borrow to the common areas and may encumber them area. the right to suspend membership rights of any ments, or for the infraction of any published rules of Association. 10. Each deed of conveyance to a ~ lot ~ ~ shall include by reference said lot owner of nonpayment of assess- said ! these covenants and restrictions. 11. The Homes Association shall be the right to purchase, insurance, shall provide in it's charter and/or By-Laws fee and shall further provide that all shall become liens until paid upon said lots ~ The Homes Association shall have the perpetual, shall kave pay taxes and shall for an annual homeowner's such fees and assessments right to proceed with necessary legal action to and any court of competent jurisdiction. foreclose and/or enforce said liens it shall further have the right to commence action against lot owner for the collection of any unpaid assessment in any for all taxes until such time 12. The declarant shall assume responsibility and improvements and expenses _ as 12 lots have been conveyed. 13. If the declarant or his successors or violate or attempt to violate any of enumerated herein, or shall fail restrictions, it shall be lawful assigns the covenants and shall restrictions to enforce said covenants and for any other person or persons owning any portion of the hereinabove described premises to prosecute at law or in equity the persons violating or attempting to violate any such covenant and either prevent them from so doing or to recover damages for such violation. 14. Invalidation of any one of these covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. 15. No fences, either natural or man made or maintained on any lot. 15. No commercial vehicles or boats stored on any lot. shall shall be erected be maintained or 16. No more than two househol~ pets shall ~>e main~.~,ned on the premises by any lot owner. 17. No nuisance or noises of any kind , unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises nor shall any accumulation of rubbish, garbage, junk, or materials of any kind be permitted to remain on ~id premises. No signs shall be permitted on any lot. 18. Occupancy shall be seasonal, limited to the period from April 1 to November 1. 19. All maintenance of the exterior of each house shall be done at the direction of the Homes Association including but not limited to maintenance of grounds, painting of exterior of build- ing, maintaining all roofs, water and sewerage system repairs. Cost of repairs done to individual house lots shall be born by ~ owner of the lot which is benefited by the repair or maintenance or if more than one ~t is benefited than the cost shall be apportioned accordingly. sold 20. Each lot is/subject to and together with a perpetual easement for the maintenance repair and replacement of existing water and sewerage systems. 21. The common areas, including roads, shall be maintaine~ by the Home Owner's Association. 22. Ownership of each lot shall be restricted to individuals over the age of CRESCENT BEACH DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: That James P. Kavanagh, residing at (no number) Main Road, East Marion, New York, being the record owner of all the real property hereinafter described and the subject of this declaration, does hereby declare for himself, his successors and assigns, in consideration of the premises, and hereby makes known, publishes and declares, covenants and agrees that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants running with the land and binding upon all purchasers, owners, mortgagees, lienors and such other persons acquiring an interest therein or of any portion of said premises, and their respective heirs, executors, administrators, successors and assigns, which covenants and restrictions shall be and remain in full force and effect from the date of the recording of the within instrument in perpetuity. DESCRIPTION: See Attached Schedule The parcels designated as common areas ~ ~ shall not be open or available to the public for gen- eral or park use but shall remain at all times in the exclusive possession and for the exclusive use and enjoyment of owners of lots 1 - 21, inclusive. 1. The declarant shall at his own cost and expense establish a Not-For-Profit corporation for the benefit of owners of lots 1 - 21 as shown on said map, after 11 lots have been sold. 2. Each said lot ~wner or succeeding owner shall automatic- ally become a member of said Homes Association. 3. The owner of each lot shall bear one-twenty-first of the expenses of the Homes Association's activities, after its form- ation. These expenses shall include any and all real property taxes levied after the date of the formation of the Not-For- Profit corporation. 4. Title to common areas shall be conveyed to the Homes Association promptly after the creation of said Association. 5. Lot owners shall have a proportionate vote in the affairs of the Homes Association and a proportionate right to the use and enjoyment of the common areas. 6. Upon the formation of the Homes Association, all res- ponsibility for the operation and maintenance of the common areas and the facilities thereon shall lie with the Homes Association, 7. Conveyances from the developer to the owners of lots 1 - 21 shall include a grant of an easement of enjoyment over the said common areas, such easement to continue until such time as said Homes Association is created. 8. The Homes Association shall have the right to borrow money for improvements to the common areas and may encumber them as security for said improvements to the area. 9. The Homes Association shall have the right to suspend membership rights of any said lot owner of nonpayment of assess- ments, or for the infraction of any published rules of said Association. 10. Each deed of conveyance to a ~ shall include by reference these covenants and restrictions.. 11. The Homes Association shall be perpetual, shall have the right to purchase, insurance, shall pay taxes and shall provide in it's charter and/or By-Laws for an annual homeowner's fee and shall further provide that all such fees and assessments shall become liens until paid upon said lots ~ The Homes Association shall have the right to proceed with necessary legal action to foreclose and/or enforce said liens it shall further have the right to commence action against lot owner for the collection of any unpaid assessment in any and any court of competent jurisdiction. 12. The declarant shall assume and improvements and expenses as 12 lots have been conveyed. 13. If the declarant or his successors responsibility for all taxes ~ until such time or assigns shall violate or attempt to violate any of the covenants and restrictions enumerated herein, or shall fail to enforce said covenants and restrictions, it shall be lawful for any other person or persons owning any portion of the hereinabove described premises to prosecute at law or in equity the persons violating or attempting to violate any such covenant and either prevent them from so doing or to recover damages for such violation. 14. Invalidation of any one of these covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. 15. No fences, either natural or man made or maintained on any lot. 15. No commercial vehicles or boats stored on any lot. shall shall be erected be maintained or 16. No more than two household pets shall oe maintained on the premises by any lot owner. 17. No nuisance or noises of any kind , unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises nor shall any accumulation of rubbish, garbage, junk, or materials of any kind be permitted to remain on mid premises. No signs shall be permitted on any lot. 18. Occupancy shall be seasonal, limited to the period from April 1 to November 1. 19. All maintenance of the exterior of each house shall be done at the direction of the Homes Association including but not limited to maintenance of grounds, painting of exterior of build- ing, maintaining all roofs, water and sewerage system repairs. Cost of repairs done to individual house lots shall be born by ~ owner of the lot which is benefited by the repair or maintenance or if more than one ~t is benefited than the cost shall be apportioned accordingly. sold 20. Each lot is/subject to and together with a perpetual easement for the maintenance repair and replacement of existing water and sewerage systems. 21. The common areas, including roads, shall be maintained by the Home Owner's Association. 22. Ownership of each lot shall be restricted to individuals over the age of r-- [oo0 ~, 20 .._~,' aJc f I$,1'