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1000-30.-2-1
~1 EO 5~ TEST HOLES TYPICAL PLOT LAYOUT ROAD HOUSE Andre 58 57 '~ 5G ~ THE 80.00' 4/ ~0 38 37 36 ~ sEE TYPICAL SEWAGE DISPOSAL SYSTEM 5HEE~ 300 SO. FK ',~ SlOEW~L£ A.P~A ~ eO. O0' 80.00' . a?£H 54 S /4 '15 ~ 51 50 % 49 . 48 . 47 46 45 i¢ II I0 3o~04 $ 2 °f 3 V/I/age of ~ of 3 NO, 2 LOCATION MAP B/r/on Opon Spoce"b" o/ aZ e3~.Gd A ndrO K. B/Wen et ol. Groenport Open Space '~" HjS~O7'O0"~ N3$°23'P0~l' Rutkowski LEGEND: M~ P OF Hauppauge, New Yor~ AUG ' 6 1974 PEBBLE BEACH FARMS E&ST M,~RION TOWN OF SOUTHOLD BUFF CO., N d SCALE I"= I00' I00 50 0 I00 PO0 TOTAL AREA = 164.4 fA CRES REVISED JAN./,G,/?_75~ 44~0?' IOPJP' HOWARD W YOUNa IV. KS. L.S, NO, 4 120 s ~ SEE ~ TEST HOL ES SHEET Open Space "C" - Amo=32.422 Acres TYPICAL PL~T_ /~OA D ~l~ d MmZ /o9 99' 7700' 103 King LAYOUT TYPICAL sEWAGE DISPOSAL SYSTEM 29 N 83,46' ~ I00 ~ 99 SEE SHEET I of Z 28 27 106 05 ' 26 25 ~ 24 75.0e' 78,05' E P' King LEGEND, ~19.97~ /Vo 3 of 3 J I NO / of 3 LOCATION MAP MA ? O? Hauppouge, New YorV-~~UG ' G 1974 sewage disposal for~ determ~nat~,~n dated NOV 2 9 1973 BEACH FAt MS /~EVISED JAN. 15~1975 OWNER: YOUNG YOUNG JULY I~ 1974 K TEST HOLE NO. ? 0.$ TYPICA£ SEWAGE DISPOSAL f~. 74 Open Open Space "E" ~, /~9 Area= I. 864 Acres SYSTEM ~oo sO. rr 6.9 G8 NO. of 3 66 O0 00' 65 800G' G4 8000' G3 eaod G2 Open Space "D" Arco= ~..91~° Acres 78 L:884 2 Open. Space "C" A?eo = 32,432 Acres $. 19o28~04''E ~h~s Is to cer[ily that the proposed arrangements lot pp~ e app eyed on the above da e Th ~e~e t smd subd vision plan s duly lied w ti he ,,,.,,,,, ~, of 5 a,~,i:=~..~.t,~.o~ dat,,,~ NOV 2 9 1973 I PEBBLE BE/iCH F,4RMS MA/N EAST TOWN OF SUFF SCALE LOCATION MAP t EG END MA ,5'1 ON SOU THO L D' CO.,N. ~ I"= I00' io0 eeo mo 80 o REvISeD JAN. I~, 1978 OWNER: PEBBLE 8EACH R£ALrY ~oa EAST NORTHPOR~ N Y. TYPICAL pLOT LAYOUT WA?ER, .~4,/N / , I ~oos~ YOUNG , ~ , YOUNG 'L /Z, '/974: 400 OSrRANDERAVENU£, ' RIVERHE/ID,, N~W y~OO, K (190I P/ ANNIN~ OOA'Rb THE WATER SUPPLY ~ND SE~ffOR~ O I~PO$~L FA~IL'IT THE SUFFOL~ COU~OEP~R~NT OFHE~LT~, Planning Boarc -5- ~.:bruary 24, 1975 On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board the bond estimate in the amount of $380,000 for the subdivision known as "Pebble Beach Farms" as pregared by Lawrence M. Tuthill, P.E. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. On motion made by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board approve the final map of the subdivision known as "Pebble Beach Farms" subject to acceptance by the Town Board of the bond, receipt of the inspection fee, approval by the Suffolk County Planning Commission, catch and leaching basins and piping as agreed to at meeting with the Superintendent of Highways, Town Engineer, Lawrence M. Tuthill and Mr. Joseph Donovan at meeting held February 19, 1975. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. Mr. Tuthill will write a letter to the Planning Board outlining the agreement as far as the catch and leaching basins and piping are concerned. -x- ~t Soundview Acres at Orient. The road grade should be raised and an easement provided for the cross-over and piping from the basins to the recharge. A letter should be obtained from Mr. Dean. * On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED to table the matter of the Garelle minor subdivision until a future time. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. Mr. Lawrence Tuthill presented a report on highwater marks in Southold Town. These will be submitted to the Army Corps of Engineers and HUD for flood plain elevations. ~ It was the consensus of the Board that Mr. Wickham v ~ ` ~ i ~l+ , t , x,. { AMENDMENT OF DECLARATION C ~ ~C. i This document amends the Declaration made by Pebbl: : i Beach Nea It v, Inc date.! '?ay 14, 1975 and recorded in•the l:uffolk .'ounty c'lerk's ntfice on .Lune 11, 1975 in Liber~7855 : r~ at pagc>K 620 Bemostea~ iurnoik E~nr~nt, N Y. ,`':,1 Paragraph •1 o rticle II is hereby ataended in two ~ reapec! s : . ~ , , .r ~3 .4, The aecord sentence of the said Paragraph 1 , provides C?iat each dwelliny shall have a full basement made r,. concrete Mock or mvzed cement walls. This requirement is hereb: deleted. 9. :he third sentence of the said Paragraph 1 rovides that each dwcllin shall have an attached p 4 4arage wit:. an asphalt or bluesmne driveway extending therefrom to the street pavement line. TT~e requirement [ha[ the garage shall r~ be attached ro Chu dwelli~y is hereby removed, i. e., the woz.! "attach.<i" is :~.er^by deleted from that sentence. ~:%;:i rta c a e IN WITNESS WNEREOI', [he declarant hereunto seta his '~1F„ hand and seal this Hth der}' of September, 1975. •k.'n ,,.•n. pr~~x`Y ~ ~ PEBBLE BEACH REALTY. L`7C., L "'~~,n:"7 ~ - .l oseph J. Donovan, Prei-leer. • .i TA7i ..i ,:'Pi:, C<rl_!:°}' rYP~:I3f: 85 ~ r c .p`i,r t .:efore me p r<un.,~l•, came a - A o o'~e 4 en,•. w,p, br iry b Tr' ?ul- sworn, ~}1 : r.. !1 ,.r ,~~.1 s 1.. r. : r =rdo~, at 7L ilomt -treat Ka lven. ~'t` ..ow ';ark l: 1:~~ i~, ~ Pr,•s iacct of Feeble beat P. Kea:' n !r.c. cr~rz ic: ~]esc rr r~l to and w!:rch executed the fore :"l Moir:-.a trimert t, !.e rows .!:e seal of said corpora[iorr a chat Uir~ :..•-.1 :.tfixrd !o said rnst rumen r. is sa z~ corporate ace;: ,A~. tLac rt was c aff isod L•; order of the board of 3irec[ore of eu. ul rorporation, acd t'.at he si.Fr;ed his name thereto by like ord. r. ,tiY^t ' _ ij .a _ r g7'a y i y~+~r f jj lx, c u4gl ~ t r 1 tc ' f o ~ ~y>, y~, ~ ~ M. 1 ~ T ~M t~» ~ ~ ~ '~Y ~'aa~ i frs _ fol. y+yy`~ 1 G ~ w~~ i l~~r, ~ ~ ~ LAEi 1~7[F7 t' _ r g Y'- r <; w g ' ~ ~ > a ,r..,, Y ARTICLE Iti. Eictim 11 it { 11~~~.•• ~ i F~ ~ l~r~ " a thereto the follarl s ~ a : ~ *q •unlase apecifieally prohi6ita•[ 6at}is~ this r . 'k, declaration may be eroded by an 1nitSYwnt f~gne0 by.~ ~ x members of the Lot Ornate Asexiatlm `tef~tred t0 above ' holding let lase than 90i of the votes Ot tbs fiMr?htp. t n 5>• i?!.,~ Any amendr^Fnt must 5e properly recorded to baeffaetive. t to sa 11 or die . c The Association shall have the right pose ~ ~ ,n ~d , ~ t of its prep[ tries. z uR Lyon disacl ution c.f the AssoClatlCR, iti Mil i' @ r'~yJ ~._y and personal assets, including the Co~eoe trOpertlee, sha21 u,,, be dedicated to an appropriate public egeacy me itility tp s:k• 6e devoted to purposes as nearly as oracticaDb tse same we veyysA [hose to which they were required to be devoted 5Y the Y' Association. In the even[ such dedication if refused accept- _ ~~n.. ante, such assets shall be granted, conveyed and aesigeed t0 , ^'~x~ any non-profit corporation, associati00, LctliR a[ 0t0ei 3y:r1- .1 ~'..^s'2 µyk crganizat io^. to be devoted '.c rurooaes as nearly as praet ieabl6- ~ [he same as those t:, which t: ey wrre regeired to be devoted b4"y9 ~ by the Aasocia[Son. \o such dispositio0 O! the Aseoeletian Ci£<, properties stall to effec[ive to divest or di>•inieh any right vt or title to any Member vested in nim under tb. liceasea, coven- ants and easements of this Declaration, Or under say subae- 'r qucntly recorded covenants and deeds applicable [o the Pro- pertie=, :^less made in accordance with the proviaims of chic U,•c:arac ion or said Crn~cr,:.^.ts and Devc[s. e lS iJITNFtiS WIfEREOF, chc declarant 1lereunto sots ' 7~. i[s hand ant? seal Uas ~O ° day of Declaber, 1975. PE':RLE BEACRYR&iLTY, 2NC. f.~,. T. r r a~ ~ ~ r ~tca fr'~ p no an, tea a ~tgyM~ ~ , ,i W Eu 4 f~ ~ ~f~,P~ ~ t~~~Y -aER _ . • 'f i Jt ~I)' ~Jf',J ,::.273 , ~ ~ ~ s ~ , „art K ~{:lY; t * r 3 E k Member after two IZ) yeah tollowleyr tbs llalgnq o! `kf 4~, to the sale of the first lot within !ha si~.olaiea not elect a majority to the Board O! Di r ~.M a.. ~r. the number of directors are [hree oz tl>• Mnf ~ w 1 r. Member ahali not be perm! Lted to elect Wort than 4 direeE4~tr c if the number of directors are 5 or 6, the Class D 1luilbst~~. shall not 6c pemitted to elect pore than I directors. 'P~.,~p r, `t 1 ' P' ARTICLE III, Sectton 12 (el is aanndad Co ; ,~yr ; read as fcl lows: •'.K ' hat the Associat ien shall Aeve the right `'f ~ ; iE to suscend the vcu nq rights of a lot owner for hrs failare ' to pay when :iue ar.y ar.d ail r:a rges and aasessrencs due the Association; that a lot ewner -hall Ce persoeall, !tells [o ~Y the Association for any and all such charges sad assess-~ ~ rw,, ':!y i{"q menu; that all such unnatd cna rges and aasessstents shall ` 1- be a lien. ,n the tot o: scch owner and twat tba Association t. shall ha••e ttte right to col lent the same and to enteiq the :~~~4 ` r; lien therecf by any me s aucneri:ed by lar.• ~ ` ` i S ARTIt: LF III, Sect tor, H is hereby ascended t0 add thereto the following sentences: ti:' `Every member or t:+.' Association referred to boar ! shall ha••~e the right and easement of enjoyment to the open spaces and all private streets shown on the subdivision tk Y map _nd amp and all areas shown on said subdivision sop for future highway dedica [ion.iacludinq fucn eafesamt. aul- N!YM~lit t ie~ct r.~ t... terns of tn:.s ..ec last ion as say be needed for ~ p ( t w curcose- r." construct ior_ Su-P. casement shall to appurtenarL .i to an:! s: oass win:~: c... title to the lot subject oaly to t~ this declaracien ar,d tc _-:aws and requ!at ionf of said ' 1~ " Aasociatin^." ~ ~ r~~ { , ~ . k .i.+ y y4yi Ki t :t;H'1 -i::. `dt m F~. 4'~ '~k 2 Yi, ry ~ . ~ d :fix. n ~ u .t r . , gg~ ~ ; ANEBIMSEM[ 09 DECZ.hAaM07 r , t F Pretaiaoa located at Btaathol6 ?sea Atfolk Ooautr This doetutent aea+nda the deel~lfatip?"nede e9 i xt ` ~eltr9 it•e pCL~alwl oltiea' itt fit Pebble Reach Realty, Ine., dated MazeA e, 1973 and ze- ,y~ii«, S corded xn the Suffolk County Clerk's Office oa: JYM 11, i.tl++• 1975 in Libcz ~ASS~t page 09, as heretd[oN aarnded D7 1h t+ _ ~ the Amendment of beclara Lion dated Septeeher R, I97S aitd _ recorded in SuffolY. County Clerk's Dffice on SeOteeber f, haw 1975 xn td ber 7914 a[ oa~e 40. t' f 1. ~ X ' ~ ~ ARTICLE ZI S, Section 9 is Deraby aawaded io y~~# r I read as fol lcws: i "The declarant ccvenarts sad ogress chat On oz before the lot day of Jsr.uat y, 1976, xt rill at + its own cost and expense eat ~.tl:ah a r.ot-for-profit 4 COCPOret lCr. t0 tC kne:-i 35 Rc•3:^. Fart/ IG[ Orders '.i }Y...,. Associatx on, Inc.' he re tna t2e: tt•terred to as the 'Aasxxat itwt' ~r and rill convey to 9u:•h d990ClatlOn alt of the ;1gAt, titU and int. rest of the de. '..~e. :e: and to said Open spaces ~ i f. co C, inc2 us:ve, with inq ar.:: alI private streets sLOwtf on said =ubd ivia icn map anti ~r, and all arava sRcr9 on 1 said subdiva Sion t•~ap for futurr ::agMray dedication. 11+ ) y AkTICLL III, Section 12 ta). That the Asaocia s . 4 '~PL j~3Tw`rr tion shall have tro classes of r. eaberahip interests as fol, ~^S a cows: ~s a; Y r t~\;4 Class A• Class A Members shall Ds the Crtrara + i~'~ r 2j E of a tot or 1M5. Such Members shall he eailtlid to ! 4 vo4 og rrras on the basis c' one (1) vote per lot Orned '~.,)..,Ys S s,. re-tsrdless ti:< number of Fersona orninq the lot. f - 7 r Class R, The sole Class 8 Me~De; eha21 b- the t SFOnso: «no shad have o:"~ :i vote for elchlot orered ! r. iIl by the `~onwor her-in ith:r•. the Sabd it•itiOn. The Claea 1 ~tl+( N T, 3 ~ ;mry o N' Y fi *:.t p!~ 4 1~ DECLARATION MADE this 14th day of May, 1915, Pebble Heach Realty, Inc., a domestic corporation of the State of New York having it's principal place of business at 301 Clay itt:s Road, East i Northport, New Yor7;.:';.1731, hereinafter called the Declarant., WHEREAS, t?~e De~J.arant: is ere own et fee simple of a certain parcel of lanai situate at F.'ast Marion, Town of Southold, Caunt-y of Suffolk and State of New York, being the prezr~ises descriLe: i.r~ deed dated October 3~, 19'2 made by Arthur L. R. Fr«i:cisco and Halen T. Fraxicieco to Pebble Beach Realty, Inc. ' recorded in the uuffolk County Cllerk's uf.f"_ce on Novearbez~ 70, :1972 in L~_'.~+er 72?9 ~4: page X89, a metes aid bounds dpscr.iFtion of which is shown on Schedule A as attacnt>d hereto a~aCi r.:ad~~ a "part hereof, and re:Fern:ed +to herein as the "p"remises", WHEREAS, the Declarant intends to subdi.c~ide said prem9..~es for residential. purposes sand desires to subjec`. said premise:: t to certain conditions, covenants and restrictions. i f! NOW TF3ERFiF0RE, the Declarant does ?hereby declare that `,'j the aforesaid premises and every gortion thereof is hereby held ?r. and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, b1~ the acceptance of a ' deed thereto, covenants anal agrees that the premises so purchased shall be held subject to the csvenants, conditions and restrictions hereinafter set forth. i ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "Map" when used herein is intended to mean the subdivision map of the premises entitled "Map of Pebble Beach Farms, East ?clarion, Town of Southold, Suffolk County, New York" heretofore approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's Office. 2. The words "lot" or "lots" when used herein mean the separate numbered parcels of land as shown on the subdivision map. 3. The word "street" when used herein means the streets or roads as shown on the subdivision map, 4. The word "open space" when used herein means the i separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, corporation or partnership owning all or a portion of the premises shown on the subdivision map. ARTICLE II: The following Covenants and Restrictions applying to the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer: 1. No dwelling shaal be erected having less than 1000 square feet of interior :Living area on the ground floor. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall have an attached garage with an Iasphalt or bluestone driveway extending therefrom to the street pavement line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. 2. No building of +the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial v.=_hicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. No more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. -2- _ _ 6. No fences, either natural or man made, shall be erected or maintained on any lot i.n excess of four (4) feet in height except that this limitation may be exceeded if required by the zoning ordinance of the Town of Southold in connection with the construction of a swimming pool or similiar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by I extending the rear line of` each house to each side line of the plot. Each corner lot shall for these purposes be considered i'. to have it's front yard on the street of the longest dimension. . ~ 7. No title in and to the bed of the road is to be ~ i, conveyed to the lot purchasers. The grantor retains the said I title and the right to dedicate and convey the said title to the ' Town of Southold or to a ].ot owners' association, which asaocia- I tion is as hereinafter provided. However, the land in the bed of the streets shown on said map shall be subject to easements 1' to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, I ' or above or below the ground. E 8. No nuisance nor 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 said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- j eloper signs which comply with the Southold Town sign ordinance. A lot owner may maintain a "for sale", "for rent", or "pro- i fessional office" sign on his lot not larger than 12" x 24". 9. No sand, earth or sod shall be removed from the premises or excavation be allowed t:o remain open thereon, except as may be necessary during building construction periods. After -3- construction, lawn and landscaping shall be installed and maintained thereafter in an attractive manner. 10. An owner of a water front lot facing on the Long Island Sound shall not construct any part of the dwelling northerly ' of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. 11. The individual lot owner shall be responsible for, and i i` repair or cause to be repaired, any damage to the paved and drainage swale areas of the road in front of his lot, which may " be caused by the operation of .vehicles or machinery during construction or otherwise. 12. The use of each lot shall be limited to one family residential use. j~ j I ARTICLE III- OPEN SPACE It is the intention of the Declarant that the premises are i to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open spaces on the subdivision map, to wit: Unless authorized by the Southold Town Board, ;r 1, No structures shall be erected or placed in or on any open space. 2, No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be ~ deposited thereon. 3, No trees, or other vegetation shall be removed from. any open space except dead, diseased or decayed trees, or such -4- . . ~ • I I other removal of vegetation as may be required for the proper natural preservation thereof. 4. Subject to the foregoing provisions of this Article III,~I open space areas "A", "B", "C", and "D" shall be used solely for agricultural, recreational. use of lot owners and their guests, , and surface water drainage purposes, except that open space area "D" may also be used by the Village of Greenport for the purpose of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans i therefor and the manner of construction thereof are approved i by the Southold Town Board. 5. Open space area ''E" shall be used solely as a bathing beach and related ix9es by the lot owners and their guests. i 6. Open space area '"F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant or its successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. S. It is the intention of this Article III to restrict the open spaces A to inclusive, for the use, benefit and enjoyment', of lot owners, and therefor the Declarant covenants and agrees that it will, at all. times during the ownership thereof, maintain the same at it's expense, for such purposes. Declarant further I covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision, 9. Declarant covenants and agrees that at or before fifty per cent (50°x) of the lots have been conveyed by it, that it will, at it's own cost and expense, establish a not-for-profit corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and -5- ` • within sixty (60) days thereafter convey to such association all ' of the right, title and interest of the Declarant in and to said open spaces A to inclusive, together with any and j all private streets shown on said subdivision map and any and all areas shown on said subdivision map for future highway dedication. I 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, i and shall be subject to the by-laws and rules and regulations thereof. ~ 11. Within sixty (60) days after the creation of said li association, by-laws shall be adopted for the government thereof i i ' which said by-laws 'and any amendments thereto shall be approved ~ !i by'the Town Board of the Town of Southold. ' 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including I taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of ~I I the property of the association. I (c) That every lot owner shall have an equal right, in i I common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the I, by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the I maintenance and improvement of it's property and to secure the same by a lien on it's property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all changes due the association; that all -6- J, • F • such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as I and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems II necessary for the protection of it's property and members. (h) That the association shall use, operate, and maintain all of it's streets, bathing beaches and other property i owned by it in a safe, and proper manner and in accordance with the laws, rules and regulations, order and directions ' of the Town of Southold and other governmental agencies ~ having jurisdiction thereof. (i) That the duration of the association shall be ti perpetual. 13. That all of the covenants, conditions and restrictions contained in this Article III shall be construed as real covenants running with the land and shall continue and remain in full force and effect a.t all times as against the owner of " the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, it's successors and assigns, their successors and assigns, and the Town of Southold, and it's successors and assigns. ARTICLE IV - STREETS 1. Declarant covenants and agrees to construct and main- tain at it's expense, during it's ownership thereof, all streets, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction -7- i i ` of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the subdivision map is to be conveyed or intended to be. conveyed ' to the owner of any lot and the Declarant, and it's successors and assigns reserve the fee of all land lying in the bed of any I i and all such streets, and further reserves the right to convey ~ to any municipal authority, or to the association, all of it's rights, title and interest: in and to any part or all of such ~ streets, should the Declarant, or it's successors and assigns at any time deem it expedient to do so. 3. The Declarant hereby states that the street system in ~ i the subdivision has been designed, with the approval of the ~ i Southold Town Planning Board, in such manner that the unpaved 'i portion thereof provides for the drainage of surface water within i I the subdivision and that it is imperative that the unpaved i r I portion of said streets be used and maintained in such manner i as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said it street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense make such repairs thereto as may be directed by said Board. No lot owner I' shall excavate, fill or in any other manner disturb the land i within any street without prior approval of said Board. i 4. Declarant covenants and agrees that when the streets i i and drainage facilities have been constructed in accordance ' with the requirements of the Town of Southold and an I i association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5. The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe , and proper condition. -g_ I i; is PEBBLE BEACH REALTY, INC., by: l seph J. D no n, President STATE OF NEW YORK, COUNTY OF SUFFOLK: ss 1 On the /day of May, 1975, before me personally came JOSEPH J, DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malvern, i New York 11565; that he is the President of Pebble Beach Realty, i Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like ~ order. I i I i I I, . r ~ ~ , c yr.,°° rnm mwnm~ comer- TITLE Nn. 72-S-04720 SCHEDiJLE A DESCR[PTiON ALL that certaitt plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the northerly aide of `Iain (State) Road adjoining the southeast corner of land of Rutkowski F.atate; running thence northerly along the Lands of Rutkowski Estate, pillage of Graenport, F.P. King the following courses and distances: (1) North 16° 25' 30" Weet 272,05 feet (2) North 16° 40' 30" West 44'1.07 feet (3) North 16° 23' 20" Weat 127,47 feet (4) North 15° 28' Weat 102.95 feet (5) North i5' z9' 30" Wast 310.56 feet (6) North 16° 16' West 260.73 feet (7) North 16° 29' 20" West 295.93 feet (8) North 16° 31' 30" Wast 266.33 feet (9) North 16' 29' 10" Weat 167,1£~feet (10) South 69° 47' 10" West '542,88 feet (11) North 21° 46' 00" West 692.45 feet (12} South 66' 28' IO" West 604.90 feet (13) North 23° 22' 40" Weet 1365.0 feet to the Long Island. Sound; thence northeasterly along the highwacer mark of the Long Island Sound the following courses and distances: (1) North 38' 10' 40" East 406.74 feet (2) North 52' 02' 40" Eas[ 317,06 feet (3) North 59° ~6' 00" Fast 434.78 feet (4} North 38° 09' 30" Eaat 623.26 feet (5) Noritt 32' 44' 10" East 499.30 feet (6) Nozth 26° 50' 20" F.aat 691.59 feet to land of 8lrten; thence southerly along said land the fo'lowin; courses and , distances: (1) South 15° 18' 10" East 300.0 feet (2) South 13° 54' 10'' East 816.76 fee[ (3) South 13° 31' 30" East 4?tG.G7 feet (4) South 13° 26' 40" East 557.97 feet (5) South 12° 41' 40" Enst 31.4.36 fete (6) South 13° 40' 10" East 446,72 feet (7) South 11° 47' East 126.63 feet (8) South 13' 00' 20" East 132.76 feet (9) South 13° O1' S0" Fast 505.25 feet (10) South T3' S6' 20" Fast 7.00.0 feet (11) South 15° 39' 30" East :!00.07 feet (1Z} South 13° 36' 40" Ease :?62.01 feet (13) South 13' S6' 20" East :?85.0 feet (14) South 12° 37' 40" East '.153.04 feet (15) South 15° 10' Fast 213.114 feet (1G) South I6° 14' East 90.07 feet (17) Soutn 16° 35' 20" East 239.G'i feet (18) South 72° 25' 10" West '144.42 feet (1~) South 19° 47' 10" East 370.3 f,rc~t to t',• ~,nrtherly sloe ..•-.ere of Main Rnad; thenco westerly along t: 'ne norther l y side of ^1a1~ Road the following courses and distances: (1) South 56° 13' 40" West 255.0 feet (2} South 56' 06' IO" West 339.0 feet (3) on a curve bearing to the ri,^.ht :.~vinE n -a~ifus of 81? feet a Siatance of 120,86 feet Co thr twR:.,T corner of land of Rutkowski Estate the point or pace r:~' .,eginning. ARTHUR J. FELICE. CNIEF DEPUTY PHONE: 727-4700 SUFFOLK COUNTY CLERK'S OFFICE LESTER M. ALBERTSON, couNrY CLERK RIVERMEAD. NEW YORK 11901 June la, 1975 ~:r. General Lee Haine, Ueputp 4'reeaurer Southold Planning Board Southold ;3oard of Aasessora Grxxer: Pebble Reach Realty, Inc. 'fitl.e 1<!0. 75-5-01734 To Whom This May Concern: The Subdivision Map of: P~,Bi~L~ B~~c~l r~al:~+s Was Filed, 6/11/753s33j'.--'~~. Filed Number, 6266 Abstract Number, 7A6g Township, s3©uthold Book, 14 Page, 9, 10 tx: 11 (3 Pr~rL i~9ap} Very truly yours, M County Clerk Map Department Form No. 49 171j~ r September 22, 1975 'I Mr. Howard Terry, Building Inspector Town clerk's Office Southold, New York 11971 Dear Mr. Terry: At a regular meeting of the Southold Town Planning Board hied August 18, 1975 the following action was taken. RESOLVED that the Southold Town Planning Board approves the site plan of the cluster development of "Pebble Beach Farms• subject to: 1. Certification of the Building Inspector as to whether or not the plan meets the requirements of all Zoning Ordinance provisions. 2. Receipt of statsuuht that open space "D" may also be used by the Village of Greenport for the purpose of installing wells therein and pumping facilities thereon for its public water supply system. 3. A statement that the zoning provisions of the bulk and parking schedule will be reduced by a maximum of fifty percent as authorized by Section 100-136 A (2) of the Code of the Town of Southold. 4. Wooded area be shown on the site plan. 5. Recommend a setback of thirty-five feet on the lots that are not"'on the Long Island Sound or on a corrnar.: i j I attach statement regarding open space "D", a statement on the reduction of the bulk and parking schedule, and rider to the bond which includes the iia~n- tenance of the open space. R _ _ Mr. Howard Ter 1 ry, Bui ding Inspector September 22, 1975 Page Two I spoke with the Town Attorney today about the Home Owners' Association end its approval by the Tows Attorney and mown Board. Provisions for thin association are contained in the filed covenants end restrictions end the approval of the Home Owners' Association will take place at the time that 5096 of the lots are sold in the development. He sees no further action by the Town Board. necessary at this time. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Enclosures Statement re open spice "D" Statement re bulk & parking schedule Copy of rider to bond Copy of site plan R i • •-a-~ ~Ile SCOTT A. RUSSELL 'Fft3(~$ JAMES A. RICHTER, R.A. SUPERVISOR < MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631)-765-1560 KJ Fu. . (631 (631)-765-9015 MICHAEL.COLLINS aTOWN.SOUTHOLD.NY US , ~ . JAMIE.RICHTERnTOWN SOUTHOLD NY US OFFICE OF THE ENGINEER 0 C T - 2 2013 TOWN OF SOUTHOLD Leslie Kanes Weisman, Chairperson October 3, 2013 Zoning Board of Appeals Town Hall, 53095 Main Road Re: Proposed Fordham House Southold, New York 11971 5205 The Long Way Pebble Beach Farms, East Marion SCTM 1000 - 21 - 5 -11 Dear Mrs. Weisman: As per your request, I met with Gerry Goehringer and Vicky Toth from your office on 10/1/13 to inspect the above referenced property. We accessed the property over a narrow trail cut through the brush in a manner that extended from the road to the top of bluff. In addition, survey stakes were provided to indicate the proposed location of the new residence. Please consider the following information: 1. Existing Covenants filed with the County for this subdivision prohibited the construction of any portion of a dwelling that would be less than one hundred (100) feet from the top of bluff. This Top of Bluff is a natural protective feature and the structural integrity of property located immediately behind the top of bluff should be protected. Due to the fact that original C&R's have already established this setback, it is recommended that we remain consistent and continue to require this setback from top of bluff. (Please Note: the ZBA should also address whether or not the cantilevered second floor deck should be part of this setback) 2. Previously issued Trustee Permits for this site have expired. However, in addition to the setback noted above, the said Trustees Permit also required a fifty (50) foot Non-Disturbance Buffer located immediately adjacent to and running parallel with the top of bluff. The establishment of a 50' non-disturbance buffer is recommended to protect the integrity of the existing bluff. 3. Any soil disturbance that would direct stormwater runoff over the top of bluff would not be permitted by Town Code and could destabilize the bluff itself. Existing conditions and/or site contouring does not currently allow or direct surface runoff in this direction. Therefore, it is recommended that substantial grade changes (over 12" +i-) not be allowed within the 100' setback area between the proposed new structure and the existing bluff line 4. The site plan provided indicates the location of a new dwelling where the existing grade at the northwesterly corner would be atelev. 35.5'. The opposite side or the northeasterly comer of this dwelling will be near the 51' contour. If the finish first floor is located at or above this 51' elevation, the distance to grade will be in excess of twelve (12') feet. If the first floor is 12 feet or more above grade at any point, the NYS Building Code would consider the lower basement level to be a "story". A three story building would not be permitted under Town Cod;. Page 1 of 2 Leslie Kanes Weisman, Chairperson, ZBA October 3, 2013 Re: Proposed Fordham House SCTM 1000 - 21 - 5 -11 Page 2 of 2 Cont: 5. Retaining walls have not been shown or indicated. If they are required, the ZBA should consider their proposed height and where they will be located. Height above four feet would violate existing subdivision C&R's filed with the County and height above six feet would violate the fencing requirements of Town Code. It is recommended that all retaining walls be located outside of the required bluff setbacks for the proposed new dwelling. This will eliminate excessive soil disturbance and surcharging or destabilization of the existing bluff line. 6. There is an existing encroachment along the easterly property line that consists of fill, topsoil, lawn area and what could even be some portions of the chain link fencing associated with the adjacent residence. In addition, there is a 6' diameter plastic drainage pipe extending out into the property currently under review. This pipe appears to be connected to a leader extending down from the adjacent roof. This would be considered an illicit discharge under Chapter 236 and must be removed. Under Chapter 236. The adjacent property owner is required to contain all stormwater generated on their own property. However, this pipe may predate the development of the stormwater code. At the very least, the adjacent property owner should be notified that this drain pipe should be disconnected from the roof leader located at the perimeter of the building. If you have any questions regarding this matter, please contact my office. Inc rely, ames A. Richter, R.A. cc: Michael Verity, Principal Building inspecrtor Southold Town Trustees Southold Town Planning Board r _ .i0U2'r1U1.,il lUitii\ Y'u....,vi~1G 131 / APPROVAL OF SUBDIVISION OF LAND 1. Name of Owner(s) ~~"p,(3L£- ~3EfT~H 7~rACT~ //?e. , Address 30/ CG,4 ~ pi7ts ,QoA~~ EAST /vc~T,y, ~~zT..v.~r 2. Name of S-Tivic~er Address 3. Tentative Name of Subdivision P~613 L~ l3~,ve ft Final Name of Subdivision ~ Location Number of Acres Number of Plots 4. Pre-Application Meeting Date informal Discussion and Sketch Plan Review Subdivision Classified - Major ~ Minor Sketch Plan - Approved Disapproved 5. Preliminary Plat Application and 12 copies of plat received from Town Clerk - Base Fee $ ~E 5, c c Date of Official Submission to Planning Board Lapse Date of Preliminary Hearing - 45 days Preliminary Hearing Advertised ~ ePT a 7, /y 73 Preliminary Public Hearing held csc_T. iy T3 6. Report of Superintendent of Highways J u L y / /97:3 Report of Town Board Highway Committee 7. Date of Submission to County Planning Commission J~Cy ~c,ipT3 8. Action of Planning Board on Preliminary Plat sent to Applicant - Approved Disapproved - 45 days after date of hearing 9. Final Plat from date of preliminary an_nrr,,. Lapse date for final plat application (6 months/ Application received from Town Clerk Date of Of'f~cial Submission to Planning Board Plat endorsed with Health Department approval /r/i/ Plat endoYSed with approval of required agencies 8/~/~.7 ~ /i y,/~ Final Hearing Advertised i//~/~S Final Hearing Waived - Final Hearing Held " / Action of Planning Board on Final Plat sent ' to Applicant - Approved Disapproved - 45 days after hearing or receipt of final plat 10. Performance Bond Amount of bond set by Planning Board $ Bond in amount of $ received Bond accepted by Town Board I 11. Final Plat signed Lapse date for filing with County Clerk - 30 days Notice Received from County Clerk of Filing Letter from Superintendent of Highways - all improvements under Performance Bond completed 'I Bond recommended to be released by Planning Board Bond released'. by Town Board l 'aI 1 _._15r~ f WILLIAM D. MOORE PJUV 2 9 fg95 1 Attorney a[ Law 315 Westphalia Road Y.O. Box 23 TODU i Matti[uck, New York 11952 7.QW~l pF;;t}iY:F!!,~ lC-= _ Tel: (516)298-5674 Fax: (516)298-5664 November 27, 1995 Laury Dowd, Esq. Southold Town Attorney Southold Town Hall Main Road Southold, NY 11971 RE: Pebble Beach Farms Lot Owners Association Amendment of bylaws Dear Laury: The bylaws of the Pebble Beach Farms Lot Owners Association contain a provision requiring approval of any amendments to same by the Southold Town Attorney and the Southold Town Board. [I am enclosing a copy of the bylaws and draw your attention to Article XIV] I have enclosed a resolution of the association amending the bylaws with respect to the association's enforcement of the bylaws and covenants and restrictions. Kindly indicate your approval of the amendment by signing the enclosed copy of this letter and returning same in the enclosed self-addressed envelope provided for your convenience. In addition, I have taken the liberty of providing the language of a proposed resolution for the town board to approve the requested amendment to the association's bylaws which I hope will prove useful to you in preparing the appropriate resolution for the town board's action. If you have any questions, please do not hesitate to call. Very truly yours, William D. Moore WDM/mr Encl. RESOLUTION OF AMENDMENT OF THE BYLAWS OF PEBBLE BEACH FARMS LOT OWNERS ASSOCIATION, INC. Upon a motion duly made and seconded, it was RESOLVED, that Section I, Article XI ,Assessments and Finnnces of the Bylaws of the Corporation be amended with the addition of the following language: "All costs and attorney's fees expended by the Association for the collection of any such unpaid dues and assessments and for the foreclosure and enforcement of any sucl? liens in the Association's favor, as well as the enforcement by the Association against a member of any other obligation of a member under these By-laws or under the Declaration of Covenants and Restrictions, shall be a personal obligation of the member against whom enforcement is sought, and shall be included in the lien of the Association on the Lot(s) of any such member." Upon a motion duly made and seconded, it was RESOLVED, that Section 6 , Ar6itrntion to Article Xlll Genernl Provisions of the Bylaws of the Corporation be amended with the addition of the following language: "6. Arbitration In the event of a dispute between a member and the Association of a non-monetary matter relating to the enforcement against such member by the Association contained in Article II and Sections 1-7 of Article II[ of the Declaration of Covenants and Restrictions, both parties agree that the matter shall be settled by binding arbitration under the following procedures: either party shall have the right to serve upon the other party a Notice of Demand that the matter under dispute be settled by Binding Arbitration under the Expedited Procedures Section of the Rules for Real Estate Industry of the American Arbitration Association. Such notice shall be in writing and sent either by registered or certified mail, return receipt requested, to the Association at P.O. Buz 387, East Marion, New York 11939, or to the member's address as carried on the Association's records, as the case may be. Within 30 days of the receipt of such notice by the respective recipient party, the person sending the notice shall initiate the Arbitration procedures set forth in the Expedited Procedures Section of the Rules for Real Estate Industry of the American Arbitration Association. For the purpose of filing fees, it shall be assumed that the amount of the claim does not exceed $10,000. In the event one of the parties fails or refuses in his obligations under this provision, the costs of enforcement, including attorney's fees, shall be borne by tl~e defaulting party. All costs of the Arbitration, exclusive of legal fees of a party's own counsel, shall be shared equally by the parties to the Arbitration. Judgement on any award or decision of the Arbitrator(s) may be entered in any court having jurisdiction thereof. All costs and expenses, including attorney's fees, for the enforcement of the Arbitration ruling or award, shall be borne by the party against whom the award or ruling was rendered and who might fail to comply with such ruling. No Arbitration under the provisions of this Section shall apply to the case of any covenant(s) or restriction(s) contained in the recited Articles II and III which reflect any law or ordinance of the Town of Southold, New York or of any approval requirement by the Southold Town Board. Secretary Attest: Board of Directors WHEREAS, the bylaws of the Pebble Beach Farms Lot Owners Association, Inc. require approval of any amendment to said bylaws by the Town Board of the Town of Southold and, WHEREAS, the Pebble Beach Farms Lot Owners Association, Inc. has requested approval of amendments to their bylaws to more effectively enforce the covenants and restrictions which govern and affect the properties of the Pebble Beach Farms subdivision, and WHEREAS, the proposed amendments are consistent with the purpose for which the bylaws were enacted initially and for which the Town Board of the Town of Southold was given authority to approve proposed amendments to said bylaws, NOW, THEREFORE, BE IT RESOLVED, that the amendments to the bylaws of the Pebble Beach Farms Lot Owners Association, Inc. set forth on the attached Schedule A, and which are incorporated herein by reference be and are hereby approved and that the Town Clerk is directed to forward a certified copy of this resolution to counsel to the Pebble Beach Farms Lot Owners Association, Inc. . 4. ~~FO~- P. D T v~ ~ D s , Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman TELEPHONE FREDERICK E. GORDON 765-1938 JA*~1F.S WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. - February 1, 1980 Southold Town Board Toum Hall Southold, New York 11971 Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held January 29, 1980. RESOLVED to approve the report of John W. Davis, Planning Board Inspector, Report No. 93 in regard to the construction of improvements in the subdivision known as "Pebble Beach Farms" and recommend to the Southold Tom Board release of the bond for said improvements. I enclose copy of Mr. Davis' report. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANDtING BOARD By Muriel Tolman, Secretary Copy to Lefferts P. Edson, Esq. P ~FFOC,~ D T D u-~ S ~ ~ Southold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman TELEPHONE FREDERICK E. GORDON 765-1938 JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. October 9, 1979 Rudolph Bruer, Esq. Main Road Southold, New York 11971 Dear Mr. Bruer: Mr. John W. Davis, Planning Board Inspector, has reported to the Board that all work is done in the subdivision known as "Pebble Beach Farms" with the exception of the asphalt ramp at the entrance. The Board will want an indication of when it is anticipated this work will be completed. Yours truly, Muriel Tolman, Secretary Southold Town Planning Board Copy to Town Board P FFO n ~ ~ T D cn S ol,~,~ Southold, N.Y. 11971 TELEPHONE ~ 765-1938 HENRY E. RAYNOR, Jc. ~ L'~p, FREDERICK E. CORDON JAMES WALL Bennett Orlowski, Jr. George Ritchie Latham, Jr. September 13, 1979 Lefferts Edson, Esq. Main Road Southold, New York 11971 Dear Mr. Edson: On September 28th the Southold Town Planning Board will meet and reserve time for you to justify the reasoning for any consideration of an extension for the performance bond of "Pebble Beach" subdivision. Under 277 of the Town Law the bonding time has expired. Your appointment is for 3:00 p.m. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD HER/mt . nrs~r;r,~rr~N ~ir:rlrrr r;o,_ 1sz i0: R,1y~nond C. Deana Superintendent Da L'e:_~an,,.rY_7-h, 7i_l9 loom l3 i_~xwa~Dep.arl_mnnt ~I Soutl~ol~LNew York 11971 FROM: .John W. Davis____ • • . RE: Pi;?3NLE BEACH S~IBDIVISION, EgST N.AR7:ON Tne following remarks are from my inspection of January 16, 1979. -Some of the .nforroation i_s repeated from inspacti.on made on A~rgust ]-5~ 7.978, ~ . ?lze s±.reet pavenent. is satisfactory ;+nd accct;t„,-rble as t.o final surfaces riding q~ ali.ty~ r!r,„~ er.cept, for minor r.et.t7r_ment at L. P. ;f2 (ns;-n ro~.d entrance) which is negligible, ~7rainage ~ - 1, Ponding occrirs at main road en'sance, R~_:noff frem the Sta+e hi-ohway comes into the s rhdivisioxi d~.re to the .present profile connections, q feat~,F:red asphalt ramn~ say 3" high and 10 £t.. wide along, width of the en+,rance cards world keep some of the Stat-e drainage running"by'fihe entrance, L,P.'s rand 2 (t,his location)"are silted and shculd be cleaned. 2, Could not; find C.T3,'s 7. and 2 at i-ntersection of Longway and Short Lane on left side. Basins r>ho~rld be located and cleaned. (Advised by owner's contractor these basins ' ~.rcre installed). (lave seen evidence of .flooding here, C,B,'s 3 end !a at t;1tersection of Lon{ ,ay ^nd Cressway should be examined and c~e:ar..a-d i.f necessary (some silt in boHx), h, C, 9, 5 at intersection of grcen;.ay and Crescent, (So, side) has no csting~ lees-here solid concrete top slabs rroved to alloy ifater to enter. Str~.~ct.~.:re is tc~o highy_ n.Tl: have fo be lowered cleaned aryl c.;st.ing placed, C,B,'s 6 an 7, Grecnway Sta. 6 h10'=Rt, and Lt,~ some s-t`~ slre ad . r. ca:arnined nd_ _ cle=~ned~ if necessary. 5, L, P. 3, S'rand ita ~0~-lOt Rt,~ so: ,e si7.t~ check fca cloy-,n~_ng, 7. ~.B,'s 8 . nd 9, Strend S*a 6f•CO Rt. and L+,~ e sal+~ check fir cleaning, A7~~, -.1 i'r:.nd~ li, N, un di' ~i-n:^?e Line from C.N. 9 t.o ~'rai ,sye - cov~at~d. Looate i•1,1f, : ,,~1 mice to t;rz.de 'o .s to be visible ripe frem t•i.FI, i~o ,7. ~ ;>e area (plans shc;r'0 P+, of pipe s;i.t,h H.'.~1.) has !r0 ft.. of pi"pe and no H,'I, end of ~~ipe rsrtially filled, Cl~-~n out pipe ends cx-tend workable ditch for ].0 rt, Drainage a};lnaars towork without - addi.ti.onal pipe and H,'rl,. 8. C,B,'s 10 and 17., L~ml e:ay eta lr6 t-CO i?t. ~^:d }a,, - rme s_]_~'.ing~ sharld be cl;eckr d fo i' 9, L.P.'s rt and 5~ Lon}rra~F St.a j1-~00 ftt. anti Lt,~ should be rhecleed for cleaning, F _ ~ f~~la ~ ,J. _ a J~~"~~`•~ i~z~ ~l ~r~:sr,1~:rcltlN hr,ror<x rro._1;1 (n~~::r{) ,j 'i0: 1Lrymonri C. Deanr_Sirpori.ntr n~lc~nL ~ Dale: J,mrnry 1~, ! ~i9 - - - 'Co •m lli_pt~~rsy Department _ >out liolc~ Aew York~"Ig77 _ 1''i20M: John W. Davis RE: PE73RLE ;3BACH S~!!~DN`SlOAr~ E4ST I=ARION CO:i,•1r:N'1_S: Fage 2 iJra_inage Sva7_cs ;r~r~]. es ad ja::cent +o pave,.~.ent are generally in good condition and acceptable-. Cne arra on S±.rsnd~ Lt. side has erosion (1 ft. ) at Lots 127 and 128, Should be refilled vrith s-r,;e material. A sec+,ion of stale at L. P. 2 (at entrance) needs regrading. Other areas have . "been disturbed by builders, Have fo~.md no evidence of Flooding in drainage strales except zs here-±o-fore noted. (`wnerrs contractor has excavated for and 9urstalled an add.ition?l.sand drain (200 £t, by 20 f±, adjacent to the svrale on Longway Sta 8tC0 to Sta lOtr~O Rt. 2iris sand eirain 90X completr'd. - "rerrnanent st-reef name signs, dead end signs and stop si.~*.LS 'rave nova been installed.Taith exception of a stop sign at +he subdivision entrance. It is a:snrwd th;.s ign twill be ,laced by the State. `here are ''i-re r3ead end streets +.tTat regrire guide rail U:rrie- ~ ,a called for. These - barriers have ro{ been inst.al7.ed. R,O.Id. rr,on uaents as caller for are not. insta~.led. HoTrever~ toda.y~ in the absence of t;rov~ing rceds~ etc, on ±.he street sides, it Tras no±ed 9shat a sni,s`.ani,al m„r;ber of-lots - ~ere monumented. C.O. Satthold i'lznning Board t;.0. Egh'-gay Cenrait' ee C,C. L. T,. T~?hill, P. 13, ~~_Ci.~~~~ Y to-~rl , C%., ~~.i,/ ~^~~'~j_~~Y , J~r'~ 1'7 BY .„JrHO~~ 'V - - {{GHWAY. AcPARTMENi - a ~.~~~:~~llw~ ^,t~ 1 ~ ~g79 Y SOUTtiOID TOWN _'4- r M . • • ` „ LAWRENCE M. TLITHILL PR[IFESSI~NAL ENGINEER INLET LANE E%T. G REENP~RT, N.Y. 77944 6REENPORT '1 1652 August 15, 1978 To: Raymond C, Dean, Superintendent lbwn Highway Department Southold, New York From: J. W, Davis Re: Pebbles Beach Subdivision, East Marion ,ne following remarks are from my inspection oi' the above subdivision on August 15, 197x. Drainage 1. Evidence of ponding at entrance to subdivision. Silt and sand on pavement at L.P,'s l and 2 which are probably silted up. 'rnese L,P.'s should be cleaned out, Ponding has happened at this location before and a remedy might be installation inter-connected additional L,P,'s, t, no valley gutter in pavement at intersection of Long Way and Short Lane on left side. Could not find C.B,'s No. 1 and No, [ at this location. evidence of flooding here. C.s.'s probably sifted up, `These C,B.'s should be located and examined. 3. t;.b, ivo, 3 at intersection of Long Way and Crossway coverea, could not i'ina. u. b. shoula be located and examined. 4. u. n. No, y at intersection oi' urcenway and Crescent has no casting - - has concrete top slab moved to allow water to enter. 'Jhis C.B, is t.oo high - - drainage Swale silted hers. y, C,B. ~d on Strand silted at casting. Also on Strand, M,H, on drainage line from C,B. No, 9 to drainage area is covered, Drainage line from M,H. has 40' f of pipe with no held wall. Plans call for 90' of pipe with the head-wall. However, drainage runofY appears to be working without the additional pipe and H,W, The M.H. should be located and inspected. ~ r • { LAWRENCE M. TUTHILL • ' PROFESSIONAL ENGINEER INLET LANE EXT. G REENP?RT. N.Y. 77944 6R)EEN PO NT 71652 - L b. Drainage swales adjacent to pavement are generally in good condition and acceptable, however, some areas show silting and minor erosion and in a few other locations, have been damaged by builders. Could find no evidence of flooding in the drainage swales except as here-to-fore noted. 7. All street pavement is satisfactory and acceptable as to final surface, riding quality, etc., except for minor settlement at L.Y. #2 at entrance. tS. Signs: Street signs are in place at the following street intersections: The Long Way and The Short Lane The Long Way and She Cross Way The Cross Way and The Crescent The Strand and 'Rte Greenway '!'he Greenway and The Crescent The Fong Way and 'Rte Strand These signs are 4" x 4" wood posts with lettering on 1" x 1311 cross pieces. Do not know if this conforms to any standards used by the Town. 9. To date 5 barriers at dead end streets, 6 Stop signs and 5 Dead Dtd signs have not been installed as required by the Highway Specifications. 10. Tne R.U.W. monuuments as called for are not installed. 'Ihe ownerts designer may have been aware of this requirement as curve tables on the plans show P.C.ts and P.T.ts for all curves on both sides of the streets. There are some monuments on lots where houses have been built. / I ~f ~XJCZ'1.7/J i"~ JO W. DAMS C.C. Southold Town Planning Board C.C. Highway Comtaittee ~ i EDWARD J. BAGS PROFESSIONAL ENGINEER INSPECTION REPORT No...~:84...... TO: ..MaP.ti.~.~!..Sut~.~ DATE ...E.~G.w...2a.s...~.~7~............ Southold Town Board riME ..5outhOld, N.Y. WEATHER........................................... RE:...Letter„of, Lawrence„M,... Tuthill dated Nov. 16, 1975 COMMENTS: In response to the comments of the referenced letter I submit the fallowing: 2a. The paved area of the turn-around at The Greenway measures 97' wide x 92' deep. Although the area set aside for this turn-around is 100' x 100', the area that has been paved is adequate for turning around. 2b. The swales were excavated with a scraper which measures approximately 11 feet in width. Although the excavation was a single-width pass the collapsing of the sides made the width of the Swale approximately 12 feet. The excavation was filled to approximately final grade so that at present some areas are high and some are low. Final dressing of the swales has yet to 6e accomplished. 2e. All drainage was in placebefore the roads were paved, it is possible that some of the catch basin inlets were covered when the inspection was made. The ?nly catch basins not in the place shown on the map are those at the intersection of The Short Lane and The Long Way. These were relocated to Sta 18+00 of The Long Way (one on either side). This is a more practical location. 2c. All swales are composed of bank run including the north side of The Crossway at Sta 7+00. X~~4XAt~~~(t4Kf5f 2d. Paved arcs will be installed at the intersection of The Greenway and The Crescent. This is one of the minor touch-up items that will be taken care of before application of final stone coat. Any water laying ont swales is cauded by silting of the surface of the Swale. ' ~I March 6, 1975 I Mr. Charles Lind SuiYolk County Planning Commission Veterans Memorial Highway Hauppauge, N®w York 11787 Re: Pebble Beach Farms Dear Mr. Linda please t'ind two additional final maps Yor the above-captioned subdivision. As #ler your request for Sr.Y'ormation ea to how the open apaos will be handled, I enclose an excegpt Frain the Southold Town Code by which the developer must abide. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Enclosures 3 I?arci: X37 :~uffo:i:~=. c;oucity Planning Commission Veter~ar ~ :~emorial Highway I?~aun~i^,t_re;, i?e~o York 1177 Gentle~::e~~ ; ~'uruant tc ::c~c~tior,. 13?3, ~"article XIII o£ the Sufolr, County C'rarter, tl~e :~outhold Town ?lanning £oard hereby refers the `c7_lo~arin~ prol>osec final plat to the Suffolk County Planning Tdame o~ :'lit - ~ ~ e O,eac'r~. Far~:~: . hamlet -east I,~rio.~. ^_oy~. - `>outhold »"°t I9ateria~ subr~iittc•.i: ~ .y Proposed plat - 3 copies; Grading plan - 1 ccpy; y _r. Profiles - 1 copy; Drainage plan - 1 copy; topo - copy Other: The Planning Hoard approved this map sub;ect^,to catch and leaching basins and pipes being installed as per agreement dated February 19, 1975 copy of vahicY: ii attached. Also attached is copy of letter from Young :x Yot~nG, s+.zrveyors. Very truly yours, Muriel Brush, Secretary Enclosures I i YOUNG4~YOUNG 40o OSTRa1NDER raVENUE RNERHE~4ll, NEW YORK f 1901 616-727-2303 ji ~1LDEN W. YOUNG HOWARD W. YOUNG Pcofeeeional Engineec 4F Land Suweyoc Land $ucveyoc i 7 February 11, 1975 Planning Board Town of Southold Southold, Rew York 119'71 Attention: Mrs. Muriel Brush ' Gentlemen: Transmitted herevrith are one set of prints of Pebble Beach Realty and tine (5) copies of Sheet Ao. 7 of Pebble Beach realty. Very truly your , < ~ J Howard W. Young ~ HWY:kbt enc. cc: Mr. Donovan t; fi , " 1 c Y/ ~ f ~.7 W t / / - x" C , ~~~e~ - _ - YOUNG ~ YOUNG 40o OSTR~.NAER a1VENUE RIVERHEr1D, NEW YORK 11901 516-727-2303 T1[.DEN W. YOUNG HOWraRD W. YOUNG l~cofeeaionnl Er,gineee 4F Land c5uvveyoe Land cSucveyoc September 15, 1975 Plannin Board Town of Southold Soutthold, New York 119']1 i j Attention: Mrs. Brush Gentlemen: i Transmitted herewith are two (2) sets of the ~ Site Plan for Map of "Pebble Beach Farms" at East Marion, New York which we have amended at the direction of Mr. Joseph Donovan to show the approximate line of woods in the open spaces. Very truly yours, L Howard W. Young HWY:kbf 1 enc. cc: Mr. Donovan + 1 set prs. I l ooS~FFOt~~o~ OFFIC ~ RNEY T? LD ROBERT W. TASKER Q1 ~ ~ TELEPHONE TOWN ATTORNEY av~-~aoa 425 MAIN ST. GREEN PO RT, L. I., N. Y. 11944 aeptember 18, 1975 Hon. Judith T. Boken Southold Town Clerk Nlain Street Southold, few York 11971 Vie: Pebble Beach Farms Performance Bond C;ear ?udy: 5'he Manning Board has requested that the original performance bond filed by i'ebble Beach be amended to include the maintenance of the common areas until such time as the common areas are deeded to the property owners association. I have received and enclose herewith a rider to the original bond in duplicate. This should be made a part of the original bond No. 914554. A copy of this letter is being sent to the Planning Board. Yours very truly, i.. ROBERT VJ. TASKER t~ R4~ T:1~3Y G Enclosures i jl ~ ~ TEL. 765-2660 D~~SpfFO(k`o TOWN ?F SOLITHOLD ~ ~ DFFICE DF BUILDING INSPECTOR n• ~ TOWN CLERK'S OFFICE ~(/1 ~ 50UTHOLD, N. Y. 11971 Sept 26 1875 Southold To~,m Ylannin~; Loard Toy,*n Clerk's Office T~:ai.n :iocid Southold l~.Y. Gentler;:en~ In re~~ly to your letter of Sept 22 ~E: Pebble Beach Farms; I have looke:_ over tide three sheets subn'~itted. ~;;it: the buildin; area of lot and ty,;ica1 ]_ot layout set fourth on each sheet. To ttie point of a~ prova.l of the ~for.:e G~;m.ers Assn. by the To~,m Lord I believe the minimum requirements of the "cluster" section: of the ordinar_ce have beer. 3net. I still feel this is a bad subdivision <as to lot width F depth ratios and while it „iay meet the letter of the cluster section it certainly does not m;et the general requirement of space betw:~c.n resideiaial buildings call;>! for mn the development plan or 'raster Plan which. we t~roriieii so hard to get set up. As soon as possible we z~rill set up the house numkens for each lot by stn=ets sr.d enter ti;em in our master kook. Yours truly Building Inspe TEL. 765-2660 ~~g~FFOL,(-~~ TowN OF SOUTHOLD ~ ~ OFFICE OF BUILDING INSPECTOR O~j„~ TOWN CLERK'S ?FFICE ~ 1~~' 50UTHOLD. N. Y. 11971 "_ugust 12~ 1975 Southold `.['own Planning oard Tow3x Clerks Office Southoldl n.Y~. AA?D Southold Town Board 16 South Street Gentlemen; Fossibly the Subdivision "Pebb~.~ Beach" should be rescindedl as I am getting questions from Engineers prospective owners and builders that I cannot answer. I believe there is a procedural defect that should be corrected immediately I don't find any "site plan approval"~ no approval from To~:m Attorney or Town isoard. for the Homeolmers Association to be for.,.ed~ and there is a question. of reduction in front yard setback where the regular ordinance requires 50 ft and these lots are so deep. Pleaseadvise me if I am right or. wrong in t'r~ese items. Yours truly I~ Euilding Inspector YOUNG 43' YOUNG koo OSTRraNDER AVENUE RIVERHEflD, NEW YORK 11901. 516-727-2303 ~ALDEN W. YOUNG HOWr1RD W. YOUNG I'cofessionaL Erigineec 4F Land. Survayoc Lund cSuNeyor August 12, 1975 Southold Town Planning Board Southold, New York 11971 ' Attention: Mrs. Brush Gentlemen: Re: Map of "Pebble Beach Farms" East Marion, New York Transmitted herewith are two (2) sets of prints of the "Site Plan" for the above captioned project which has been prepared in accordance with our most recent instructions. V'e/ry truly yours, / ~q"~ Howard W. Young z HFIY : kbf cc: Lefferts P. Edson, Esq. + print Joseph Donovan + print i • LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD SOUTHOLD, N. Y. 11971 BIB 786-2500 RUDOLPH H. BRUER August 19, 1975 Southold Town Planning Board Main Road Southold, New York 11971 Re: Addendum to Pebble Beach Farms site plan Dear Sirs: This is in response to your request for a statement concerning the grant to the Village of Greenport by Pebble Beach Realty, Inc. of an easement to be located in one of the open spaces for the placing of wells which will become a part of the Village water system. This letter is to confirm that such an easement has been given to the Village of Greenport for the installation of such wells in an open area, as well as for the erection of a pump house building thereon. There exists a full understanding with the Village as to this, including the fact that electric service was installed in the streets with sufficient capacity to service the future Village project. The easement agreement is also stated in the Declaration filed in the Suffolk County Clerk's Office on June 11, 1975 in Liber 7855 at page 11. Article III, Paragraph 4 therein treats this matter. We attach hereto a copy of that part of the Declaration. Sincerely, efferts P. Edson, Attorney for Pebble Beach Realty LPE:baf Enc. ' I other removal of vegetation as may be required for the proper natural preservation thereof. 4. Subject to the foregoing provisions of this Article III,; open space areas "A", "B", "C", "D", and "G" shall be used solely'', for agricultural, recreational use of lot owners and their guests,', and surface water drainage purposes, except that open space area I'i "D" may also be used by the Village of Greenport for the purpose of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans therefor and the manner of construction thereof are approved ~ by the Southold Town Board. 5. Open space area "E" shall be used solely as a bathing beach and related uses by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant, or it's successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. 8. It is the intention of this Article III to restrict the open spaces A to G, inclusive, for the use, benefit and enjoyment of lot owners, and therefor the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintain the same at it's expense, for such purposes. Declarant further covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision. 9. Declarant covenants and agrees that at or before fifty per cent (50'x) of the lots have been conveyed by it, that it will, at it's own cost and expense, establish a not-for-profit corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and -5- i I~ i. I within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in a:~d tc said open spaces A to G, inclusive, together with any and all private streets shown on said subdi.~aision map and ar,y and all areas shown on said subdivision map for future t:ighway dedication. ' 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 11. Within sixty (60) days after the creation ,~f said association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the °Pown of Southold. 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the associatior:s (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, ire common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and improvement of it"s property and to secure the same by a lien on it's property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all changes due the association; that all -6- LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD - SOUTHOLD, N. Y. 11971 516 765-2500 August 19, 1975 Southold Town Planning Board Main Road Southold, New York 11971 Re: Addendum to Pebble Beach Farms site plan Dear Sirs: 'Phis is to acknowledge that the dimensions set forth in the Bulk and Parking Schedule of the Zoning Ordinance, as such apply to this cluster development, shall not be reduced by more than fifty per cent (50/). This is consistent with that part of the Southold Town ordinance relative to cluster developments and is authorized therein - §100-136, Paragraph A(2). Sincerely, Lefferts P. Edson, Attorney for Pebble Beach Realty LPE:baf h _ August 26, 1975 ~ r:.. ,.,,.ri Lefferts P. Edson, Esq. Main Road Southold, New York 11971 Re: Pebble Beach Farms ~ Dear Mr. Edson: The following is a copy of the action taken by the Southold Town Planning Board at its regular meeting held August 18, 1975. RESOLVED that the Southold Town Planning Board approves the site plan of the cluster development of "Pebble Beach Farms" subject tos 1. Certification of the Building Inspector as to whether or not the plan meets the requirements of all zoning ordinance provisions. 2. Receipt Of statement that open space "D" may also be used by the Village of Greenport for the purpose of installing walla therein and pumping facilities thereon for ite public water supply system. 3. A statement that the zoning provisions of the bulk and parking schedule will be reduced by a maximum of fifty percent as authorised by Section 100-136 A (2) of the Code of the Town of Southold. R 4. Wooded area be shown on the site plan. 5. Recommend a setback of thirty-Five (35) feet on the lots that are not on the bong Island Sound or on a corner. ~ Yours truly, Muriel Brush, Secretary Southold Town Planning Board August 26, 1975 Lefferts P. Edlron, Esq. Main Road Southold, New York 11971 Re: Pebble Beach Farina Dear Mr. Edson: The matter of the above subdivision was discussed at a sgecial meeting of the Southold Town Planning Board held August 20, 1975. Mr. Donovan had indicated that he would be willing to setback the inland lots exclusive oP the corner lots to fifty Peet. The lots on the Sound he Pelt moat remain twenty-Five feet becaise of the hundred Foot set- back from the Sound bluff. The Highway Committee and the Planning Board agreed with Mr. Donovan'a thinking and the Town Attorney indicated that it would be up to Mr. Donovan to put it in his covenants and restrictions and indicate it on the map. Yours trulYr Muriel Brush, Secretary ` ~ Southold Town Planning Board I 1 I REPI~LIG INal1RANCE' COMP~JY '29 FU~T0~. ST pEF- •~+E.. vf: R.. '.Fn vugn nY 3N RIDE R TO BE ATTACHED TO AND FORM A PART OF BOND N0. 914554 in which PEBBLE BEACH REALTY INC., is the principal, and REPUBLIC INSURANCE COMPANY is the surety, and TOWN OF SOUTHOLD, NEW YORK is the obligee, which bond is in the sus of TWO HUNDRED SEVENTY EIGHT AND 00/100 278,000.00 ) DOLLARS AND dated peril 3,1975 IT IS HEREBY UNDERSTOOD AND AGREED that: " Said bond is amended to insure that all reads, open spaces tennis courts shall be maintained by Pebble f+each Rcalty, loc. until such time as the "Property Owner's Associates is formed" under all of the terms and conditions as are set forth in said bond. SIGNED, SEALED AND DATED the 26tH day of Auqust 19 PEBBL)? BEACH Rt~;AI.'^Y 1 NC. , BY• (S) Jt/ .Joseph J. Donovan, President / ^ REP URANCE ~tPANY L BY • - Thomas J. Kcei an, At t~.u~n~~~,.~ ~n I'nct k:, i ! 's t ` 1~ LAWRENCE M. TUTHILL PROFEBBIONAL ENGINEER INLET L.~NE EXT. GREEN PD RT. N.Y. 77944 pQC6N rO RT '/1632 Jane 2, 1975 Mk3+10RAI~UM To: Mr. ?taymorri C. Dean, Supt. of Highways, Southold Town Re: Pebble Peach, Fat Marion. 1. `Jisited site with Mr. Donovan of pebble Beach, Irving Latham. Discussed drainage shown en sh=et. 2. The Pe~lble Each 3ealty Co, has revised their Drawing Sheet No, 2, dated i•Iay 13 to meet requirements to drain surface water fro . the west side of Tne Long Way to the east side in the v=cinity of Sta 13-00 3. "'hey have also included valley gutters at the ~uncticn of 'Ehe Long WAy and the 2 intercepting roads, The Cross Way an3 The short Lane as a relief channel in case the ground is frozen during winter months. LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD SO UTHO LD, N. Y. II971 516 765-2500 RUDOLPH H. BRUER May 29, 1975 Mrs. Muriel Brush Southold Town Planning Board Main Road Southold, New York 11971 Re: Map of Pebble Beach Farms Dear Mrs. Brush: We enclose herein a final draft of the declaration in the above matter. It will be recorded simultaneously with the filing of the map. There is no substantial change in this final draft. Minor changes in wording were suggested and complied with. Attached to this final draft is a copy of the Town Attorney's letter of May 28, 1975 approving the declaration. Thank you very much. Sincerely, Lefferts P. Edson LPE:baf Enc. ~ ~ ,J - - I~ I ~r~2S - i : _ _ I . _ - - D~~c~VFFOC!(~Oliy ?FF ERK o T ALBERT W. RICHMOND Q ~ ` TELEPHONE TGWN CLERK ~ ~~O 765-3763 REGISTRAR CF VITAL STATISTICS ~-/Vl/ j~ SDLJTHOLD, L. I , N. Y. 11971 May 9, 1975 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr. Wickham: Enclosed herewith is a res©lution adopted by the Southold Town Board at a regular meeting held on May 6, 1975 relative to "Pebble Beach Farms." Very truly yours, ~ „s~l~ ar~ Albert W. Richmond Town Clerk • Moved by Counci man Homan, seconded by Councilman Rich, + WHERE, the Planning Board of the Town of Southold has requested that it be authorized to modify the applicable zoning regulations of the Code of the Town of Southold pursuant to the provisions of Section 281 of the Town Law with respect to the premises owned by Pebble Beach Realty, Inc. and located at East Marion in the Town of Southold and shown on a proposed subdivision map entitled "Pebble Beach Farms" and more particularly bounded and described hereafter, NOW, THEREFORE, IT IS RESOLVED, that this Board does hereby authorize the Planning Board of the Town of Southold simultaneously with the approval of the above named subdivision map entitled "Pebble Beach Farms" to modify the applicable provisions of Chapter 100 of the Southold Town Code subject, however, to the following conditions: 1. That said modification shall be subject to and in full compliance with the provisions of Section 281 of the Town Law. 2. That such modification shall comply in all respects with the provisions of Section 100-136 of Chapter 100 of the Code of the Town of Southold. 3. That the land effected by such modification is described as follows: All that certain plot, piece or parcel of land situate lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York bounded and des- cribed as follows: BEGINNING at a monument set at the intersection of the northerly line of Main Road with the westerly line of land of Andre K. Birten and others, which monument is the following courses and distances from the point of intersection of the northerly line of Main Road with the westerly line of Rocky Point Road: (1) South 52 degrees 55 minutes 20 seconds West 206.08 feet; (2) South 56 degrees 13 minutes 40 seconds West 745. 33 feet, and running thence from said point of beginning westerly along the northerly line of ~,Tain Road the following courses and distances: (1) South 56 degrees 13 minutes 40 seconds West 255. 00 feet; (2) South 58 degrees O6 minutes 10 seconds West 339.00 feet; (3) on a curve to the right having a radius of 812. 00 feet, a distance of 120.26 feet to a monument and land of the Estate of Rutkowski; thence northerly along said land of the Estate of Rutkowski the following courses and distances: (1) North 16 degrees 24 minutes 30 seconds West 270.68 feet; (2) North 16 degrees 39 minutes 30 seconds West 447.07 feet; (3) North 16 degrees 22 minutes 20 seconds West 127. 47 feet; (4) North 15 degrees 27 minutes 00 seconds West 102.95 feet to a monument and I land of the Village of Greenport; thence northerly and westerly along the land of the Village of Greenport the following courses and distances: (1) North 15 degrees 26 minutes 40 seconds West 310.78 feet to a monument; (2) North 16 degrees 13 minutes 10 seconds West 260.73 feet; (3) North 16 degrees 26 minutes 30 seconds West 295. 93 feet to a monument; (4) North 16 degrees 28 minutes 50 seconds West 266.16 feet to a monument; (5) ATOrth 16 degrees 22 minutes 20 seconds West 166. 90 feet to a monument; (6) South 69 degrees 48 minutes 40 seconds West 542, 30 feet to a monument and land of F. F, King; thence northerly, westerly and again northerly along the land of F. F. King the following courses and distances: (1) North 21 degrees 39 minutes 20 seconds West 692.75 feet to a monument; (2) South 66 degrees 36 minutes 15 seconds West 604. 55 feet to a monument; (3) North 23 degrees 23 minutes 25 seconds West 1, 366. 97 feet to the ordinary high water mark of Long Island South; thence easterly along said ordinary high water mark of Long Island South the following tie line courses and distances: (1) North 38 degrees 10 minutes 40 seconds East 402. 34 feet; (2) North 52 degrees 02 minutes 40 seconds East 317. 06 feet; (3) North 59 degrees 36 minutes 00 seconds Fast 434.78 feet; (4) North 38 degrees 09 minutes 30 seconds East 623. 16 feet; (5) ~ North 32 degrees 44 minutes 10 seconds East 499. 30 feet; (6) North 26 degrees 50 minutes 21 seconds Fast 697, 59 feet; thence southerly, westerly and again southerly along the land of Andre K. I3irten and others, the following courses and distances: (1) South 15 degrees 18 minutes 10 seconds East 300.00 feet to a monument; (2) South 13 degrees 54 minutes 10 seconds Past 816. 76 feet; (3) South 13 degrees 31 minutes 30 seconds East 436.67 feet; (4) South 13 degrees 26 minutes 40 seconds East 557. 97 feet; (5) South 12 degrees 41 minutes 40 seconds East 314. 36 feet; (6) South 13 degrees 40 minutes 10 seconds East 446. 72 feet; (7) South 11 degrees 47 minutes 00 seconds East 126.63 feet; (8) South 13 degrees 00 minutes 20 seconds East 132.76 feet; (9) South 13 degrees O1 minutes 50 seconds East 505.25 feet; (10) South 13 degrees 56 minutes 20 seconds East 200. 00 feet; (11) South 15 degrees 39 minutes 30 seconds East 200. 09 feet; (12) .South 13 degrees 36 minutes 40 seconds Fast 262. O1 feet; (13) South 13 degrees 56 minutes 20 seconds East 285.00 feet; (14) South 12 degrees 37 minutes 40 seconds Fast 153. 04 feet; (15) South 15 degrees 10 minutes 00 seconds _2_ I ~ • East 213.04 feet; (16) South 16 degrees 14 minutes 00 seconds East 90.07 feet; (17) South 16 degrees 35 minutes 20 seconds East 239.60 feet to a monument; (18) South 72 degrees 25 minutes 10 seconds West 144. 42 feet to a monument; (19) South 19 degrees 47 minutes 10 seconds East 370.39 feet to the point or place of beginning. Containing 164.04 acres, more or less. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. -3- r~-_ May 6, 1975 Southold Town Board 16 South Street Greenport, New York 11944 Re: Pebble Beach Farms Gentlemen: The following action was taken by the Southold Town Planning Hoard at a regular meeting held May 5, 1975. On motion made by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board request authorization from the Southold Town Board for a cluster concept for the subdivision known as "Pebble Beach Farms". Vote of the Board: Ayes: Wickham, Moisa, Coyle Raynor. Absent: Grebe. Yours truly, Muriel Brush, Secretary Southold Town Planning Board I i LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD SOUTHOLD, N. Y. 11971 310 X03-2500 RUDOLPH H. BRUER April 30, 1975 Mrs. Muriel Brush Southold Town Planning Board Main Road Southold, New York 11971 Re: Pebble Beach Farms Dear Mrs, Brush: A recent decision of the Supreme Court requires, under Section 281 of the Town law, that the Town Board adopt a resolution stating it's approval of a cluster type development. This resolution has been drawn and will be presented to the Town Board at it's next meeting for adoption. The Town Board needs a letter from the Planning Board requesting the adoption of this resolution classifying this subdivision as being done under the cluster concept. Will you therefore, kindly write a letter on behalf of the planning board, asking the Town Board to adopt the resolution which is now in it's hands . Sincerely, Lefferts P. Edson LPE:baf YOUNG 91• YOUNG aoo OSTRr\NDER ~4VENUE RIVERHEAD, NEW YORK 11so1 616-~Y9-2303 OLDEN W'. YOUNG HOW~4RD W. YOUNG Professional Engineer 4F Land, cSutveyoc Lnnd Suweyoc April 18, 1975 Southold Town Planning Board Main Road Southold, New York 11971 Gentlemen: Transmitted herewith are four sets of the preliminary plat of Pebble Beach Farms at East Marion, Town of Southold, New York which has been amended as requested by the Planning Board. These amendments have been made in keeping with various suggestions at conferences with the Board, Mr. Dean, Mr. Tuthill and with Mr. Donovan. Please forward copies of these plans to the necessary Town Agencies for their approval. Very truly yours, ~~Q~~ Howard W. HWY:tws Encs. cc: Mr. Donovan + set of plans o~SpFFUL,Y~oGy OFF ERK o T ALBERT W. RICHMOND Q • TELEPHONE TOWN CLERK ~yj,~ ~ -`a1O 765-3783 REDISTRAR OF VITAL STATISTICS rv 50UTHOLD, L. I , N. Y. 11971 April 10, 1975 Southold Town Planning Board Main Road Southold, New York 11971 Gentlemen: The following resolution was adopted by the Southold Town Board at a regular meeting held on April 8, 1975: "RESOLVED that the Southold Town Board accept the $380,000.00 bond submitted by "Pebble Beach Farms" for roads and improvements in that subdivision." Very truly yours, r~/ ~~C!?at dsl~/ Albert W. Richmond Town Clerk T ~H~%L.D ~-'t _ _ j April 8, 1975 Letterta P. Edson, Esq. Main Road Southold, New York 11971 i Rea Pebble Beach Farina I Dear Mr. Edeons The above subdivision was discussed at the regular meeting of the Planning Board held March 31, 1975. Please rater to the Zoning Ordinance ;100-136 section E. You will note that whatever option you chose, it will have to be approved by the Town Board and in two instances by the Town Attorney. When you have draws up the proposed agreement, please submit it to this office so it ma be reviewed by the Planning Board prior to being submitted to the Town Attorney Yor leis comments and recommendations. A covenant will also have to be provided (100-136F) limiting all lots to one-family use end all common lands to open space uses. No structures may be erected on such common lands except as shown on the approved asl~^plan. Check 100-136C(1) and J. Yours tlnairy, R Muriel Brush, Secretary Southold Town Planning Board I i r 9~pril 2, 1975 Mr, Charles G. Lind Subdivision Review Section Suffolk County Dept. of Planning Veterans Memorial Highway ,i Hauppauge, New York 11787 Re: Pebble Beach Farms Dear Nir. Lind: The Planning Board of the Town of Southold feels that the County Planning Commission is not adequately acquainted with the goals and aims of the Town of Southold nor with our requirements as expressed in our rules end regulations for the subdivision of land. This town from the inception oY planning has followed a pattern of fostering the development of the marine fringe "woodland and maintaining the most productive land in tapgr~i'culture. Th1a has proven to be beneficial in many ways but perhaps most importantly it has preserved the economic base of agriculture and at the same time has had tremendous esthetic import since in most woodland and shorefront .ydevelopment the buildings are hidden by the trees. kiW W..~ v. 91` For these reasons this board purposely set out to plan the Pebble Beach Farms cluster to take advantage of the woodland for building and the open space for agriculture and the aglticultural area was planned in the largest possible blocks vlhere the most productive soil is located. R Tv,•o other considerations assume importance in this particular case. First, we require a one hundred toot set- back from the top of the bluff and this setback line is shown on the map. Secondly, we have purposely placed the ~ housing clusters as far sa possible from the well field of the (ireenport Municipal Water Company. I r Suffolk County Department of Planning Page Two For all these reasons, this board feels compelled to over-ride the disapproval of the County Planning Commission and hope that in the future we may be able to make our peculiar prablams more clearly known to the Goma?ission. The following action was taken by the Southold Toro: Planning Beard at a regular meeting held March 31, 1975: On motion made by Mr. Moira, seconded by Mr. Raynor, :t was RESOLVED to ratify the action of the Southold Town Planning Board with regard to the approval of the map of the subdivision known as "Pebble Beach Farmsc_w~ upon receipt of the action of the Suffolk County Planning Commission disapproving same for the following reasons 1. The Planning Board feels it is imperative to keep the open area in agriculture. 2. 100 foot setbacks have been provided to protect the bluff on the Sound.. Vote of the Hoard: Ayes: Wickham, Moira, Coyle, Grebe end Raynor. Yours truly, John Wickham, Chairman Southold Town Planning Board JW/mb ~1$~fntt~ ~e~ttr#mezl# (~[afnn of ~aufffal3 ~eranir, 11955 RAYMOND C. DEAN Tel. 765-3140 Superintendent 734-5211 3/21/75 To: Planning Board, Southold Town, Southold, N. Y. Re: Inspection of drainage at Pebble Beach, Bast Marion Meeting 3/17/75 with Mr. ilonotran, Irving Latham and L. Tuthill 1. Bntrance road - To be raised above level of adjacent farm land to prevent silting o£ sand swales. 2. Connection to main road - Mr. Donovan wanted to increase size of island so his sign at entrance will be back 35' from property line. Suggested that road grade at property line be same as edge of pavement of State Road forming small gutter on state property. Prom property line the grade to drop for approx 30' to a catch basin and leaching pools and then to raise grade. 3. Longway vicinity of Sta 45-00 Suggested to drain excess water to natural low area about 200' west of this area. Young and Young will be required to check feasibility in field as contours nn original plans appear to be in error. COMMISSION Seth A. Hubbard e~ Chairman , Lee E. Koppelman ~ Duector of Planning e!~' 4 Suffolgc Cousaty Y~epartbne~a ®f ~lanaaaaIIag JOHN V.N. KLEIN, Coun[y Executive Veterans Memorial Highway Haappange, L. L, N. Y. 979-2920 March 20, 1975 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of Pebble Beach Farms, N/s of Main Road, N.Y.S. Route 25, 951'± W/of Rocky Point Road, East Marion Dear Mr. Wickham: ,1. - The Suffolk County Planning Commission at its regular meeting March 19, 1975, review8d the above captioned proposed subdivision plat referred to it pursuant to '"Section X333, Suffolk County Charter. After due study and deliberation, it did take the following action: The Map of Pebble Beach Farms, as submitted, was disapproved for the follow- ing reason: While the Commission endorses the use of the "clustering" concept it is never-the-less felt that this particular layout does not fully preserve the natural attributes of the tract. Any proposed layout should address itself to the preservation of the wooded areas by using the existing open areas for the location of housing and also to the preservation of the area along the bluff. Very truly yours, Lee E. Koppelman Director of Planning by '~CLZrIr_~ Charles G. Lind Subdivision Review Section CGL:fp c.c.: L. Albertson, County Clerk Encl: Map File: S-SD-75-02 a . • YOUNG ~ YOUNG 400 OSTRa1NDER a1VENUE RNERHE~4D, NEW YORK usol 516-727-2303 ;aLDEN W. YOUNG HOWr1RD W. YOUNG IPCOfessionnl Erigir~eec RF Lund. Sucveyoc Lnnd ~Sucveyoc March 4, 1975 Flanning Board Town of Southold Southold, New York 11971 Attention: John Wickham, Chairman Gentlemen: Re: Subdivision Febble Beach Farms East Marion, New York This letter is to seek the permission of your Board to design and layout the proposed drainage structures and drainage areas and the possible regrading of portions of the highways shown on the above captioned subdivision plans in cooperation with your Board, Mr. Raymond C. Dean, Superintendent of Highways and Mr. Lawrence M. Tuthill, P.E. We propose that this design and layout can best be accomplished through actual on site field studies. We propose to proceed to meet all the requirements set forth in the memorandum of Mr. Tuthill dated, February 25, 1975. This request is made so that, due to revisions in the above captioned plan that we have made and the unreliability of some contours shown on these plans, the best interest of the Town and of the Developer will be served. If this request is approved, we will look forward to working together to ultimately obtain a development that will be an asset to the Community. Very truly yo s, Howard W. Y g HWY : tws 7 cc: Raymond C. Dean Lawrence M. Tuthill ~ ~ ~ __-5 Joseph Donovan ~ 7f i ~ ~ ~ ~ ~1~_ _w. _ s- - ~[$~fUFI~t ~E~12I~ritCIt~ • `~ah1n a# ~au###nlil ~ecanit, 1195$ RAYMOND C. DEAN Tel. 765-3140 Superintendent 784-5211 March 3, 1975 To: Planning Board, Southold To1vn, Southold, N,Y, Meeting at Peconic in afternoon on Feb '~8, 1975 Re: Pebble Beach Present Mr. Dean, John Wickham, Chairman of Planning Board Mr, Howard Young of Young ~ Young and L, Tuthill 1, Mr. Young had not been informed of previous meeting of Peb, 14, With Mr, Dean and Mr. Donovan of Bebble Beach, 2, Requested Mr, Young to write letter for permissi~+n to correct contours which are in error at the drainage areas after construction, Requested Mr. Young to set the bottom elevation of drainage areas a.t the same elevation as the invert of the Wipe at the headwall, 4. Requested Mr, Young to use same criteria as originai?.y submitted of 509, Swale failure. 5, To allow Mr, Young to make minor adjustments in mad grades to improve drainage desivn in the following areas The Long Way Sta 43-00, The Strand Sta 6-00 and The Cresent Sta 14-00 ~t~l~futt~ ~e~ttr#itten# ~Iafan of ~aufl~ala ~ecanic, ~d_ 11958 RAYMOND C. DEAN TeI. 766.3140 Superintendent 734.5211 Pebruary 25, 1975 To: The Southold Town Planning Board Re: Meeting with Mr. Donovan of Pebble Beach Realty and L. Tuthill At Highway office on Peb, 19, 1975 Revietr of drainage of plans revised by Young & Young dated Oct. 4, 1974 Sheet 2 ( Inch+de drainage structures as shown on original submission,) 1. To provide a catch basin 2t the northwest corner of the intersection of The Short Way and The Long Way with app r. 400 if of 18"~ pipe leading to the drainage area on the east side of The Long Way near station 16-0Oand including a headwall in the drainage area, 2. To provide 2 catch basins at the north and south side of the intersection of The Cross Way and The Long Way with 18"~ pipe to the drainage area across the road at station 26-00 on The Long Way. Either a direct pipe from each catch basin or pipes leading from the catch basins to a manhole and thense to the drainage area will be acceptable. Ahead wall 1vi11 be requited'. at the end of Lhe pipes in the drainage areas. Sheet 3 1. To provide leaching basins at station 10-80 of the Greenway and connecting pipe 2. To provide a catch basin at the southeast corner of The Greenway and The Creaent and pipe 18'~ along east side of The Greenway approx. 200 1f to a manhole connecting the pipe on The Greenway at approx station 6-20. 3. To construct a leaching basin on the north side of The Strand at the low point near station 20-00. Sheet 4 1. To check grade of discharge pipe at 46-00 on The Long Way. If impossible to have a satisfactory design of pipe grade to change read grade so low point will be near station 44-00 and change location of catch basin, pipe and headwall. r---- LAWRENCE M. TUTHILL P RO FEBSIONAL EN OINEER INLET LANG E%T. GREEN PO RT. N. Y. OR[[p ~o RT 7.168a Februarg 25, 1975 MEMORANDUM - To: Mr. Raymond C. Dean, Supt. of HiPhways I~: Meeting with Mr. Donovan of Pebble Beach Fealty and L. Tuthill At Highway office on Feb. 1S, 1975 Rsviex of drainage of plans revised by Young Rc Young dated Oct, lt, 19711 ,j Sheet 2 ( inclu3e drainage atxucturea as shown on original submission.) 1. To provide a catch basin at the northwest corner of the intersection of The Short 41ay and The Long Way xith appr. 100 if of 18rQ1 pipe leading to the drainage area on the east side of The Lcng {ray near station 16-0Oand including a headwall in the drainage area. 2. To provide 2 catch basins at the north and south side of the intersection of the Croeslray and the Long 4~'ay xith 18R¢~ pipe tp the drainage area across the road at station 26-00 on The long kAy. Either a direct pipe from each catch basin or pipes leading from Yd the catch basins to a manhole ani thence to the drainage area xill be acceptable. Ahead wall will be required at t%e end of the pipes in the drainage areas. sheet 3 ` 1. Tb provide leaching basins at station 10-80 of 4he Greenway a~ connecting pipe 2. To provide a catch basin at the southeast corner of isle Greenway and The Cresent and pipe 1811¢ along east sidA of The Greenway approx. 200 if to a manhole connecting the pipe on 4he Greenway at approx station 6-20. 3. To construct a leaching basin on the north side of the Strandi.at titre lox point near station 20-00. Sheet 11 1. To check grad> of discharge pipe at l16-00 on 'Lhe Long tiday. If impossible to have a satisfactory design of pipe grade to change road grade so low point will be near station lrlt-00 and change location of catch basin,pfi~e and headwall. I _ YOUNG ~ YOUNG 40o OSTRANDER AVENUE RIVERHEAD, NEW YORK 11601 616-727-2309 AI.DL-N W. YOUNG HOWARD W. YOUNG Pro(eaniounL Engineer 4I' Land. surveyor Land suroayoc February 25, 1975 Lawrence Tuthill, P.E. 1215 Inlet Lane Greenport, New York 11944 Dear Larry: Re: Pebble Beach Farms East Marion, New York Pursuant to our telephone conversation of February 13e 1975, we have obtained elevations in and around some of the proposed drainage aces of the above captioned subdivision to ascertain the reliability of the contours shown on the preliminary plan. We found; (1) The existing contours shown in the drainage area adjacent to The bong Way, near station 43+00, are generally reliable. The actual elevations in this area vary between 42.0± and 46.0±. The proposed elevation of the low point in The Long Way at station 46+00 is 40.50. This would indicate that the elevation of the outfall end of the storm sewer should be 36.5±, therefore this drainage area should be excavated to elevation of 34.5±. (2) The existing contour shown in the area adjacent to The Strand near station '7+00 are unreliable, the actual elevations being three feet to five feet lower than indicated by the contours. The actual elevations in this area vary between 39.0 and 42.0. The proposed elevations of the low point at station 6+00 is 43.00. This would indicate that the elevations of the outfall end of the storm sewer should be 39.0, therefore this drainage area should be excavated to elevation 37.0±. (3) The existing contours shown in the area adjacent to The Greenway near station 6+00 are unreliable, the actual elevations being two feet to three feet lower than indicated by the contours. The actual elevations in this area vary between 39.0± and 44.0±. The proposed elevations bf the low point„ih The: Greenway at station 6+00 is 39.0. This would indicate that the elevation of the outfall and the storm sewer ,should be 35.0±, therefore this drainage area should be excavated to elevation 33.0± _ _ YOUNG4I~YOUNG aoo OSTRANDER AVENUE RIVERHEAD, NEW YORK ffsof 616-7Y7-2303 ALDEN W. YOUNG HOWARD W. YOUNG I~co(eenioiusl Engineer 4t land Suvuoyor Lnnd $ueveyoe February 25, 1975 Page 2 ~ It is my understanding that these drainage areas are to provide for a safe outlet for any excess storm water runoff that the sand Swale system does not handle. I do not lrnow the criteria used by Francisco & Jacobus in determining the volume of these proposed drainage areas, but must assume that we will have to i provide for the same volume. This will involve greater excavations than shown on preliminary plan. i ~ I trust that this information will help in your determining the amount of bond. I believe that we can with your approval and field ~ inspection install the necessary storm sewers and construct the proper drainage areas. V~ truly yours, Howard W. Young HWY:tws cc: Mr. Joseph Donovan i LEGAL NOTICE Notice of Heap NOTICE IS HERESY GIVEN that pursuant to Section 276 of the Town Law, public hearing will be held by the Southold Town Planning Board at the Town Office, Main Road, Southold, New York, in said Town on the OF SUFFOLK ) 27th day of January, 1975, at 7:30 o'clock in the evening of saidday on the ) ss: question of the final approval of the following plat: F NEW YORK Plat of property owned by Pebble Beach Realty, Inc. entitled "Pebble Beach Farms", consisting of a parcel of land situated at East Marion in n i the Town of Southold, Suffolk County, New York, and Bounded and - described as follows: - .r Y' ' rcia-adVooe}, iSeing duly sworn, says that she is tk~ BEGINNING at a monument set at the intersection of the northerly ' THE LONG ISLAND TRAVELER - MATTITUCK line of the Main Road with [he westerly line of the land of'Andre K. Birten -et al, which monument is the following. courses and di5tan~s.from the v1AN, o public newspaper printed of Southold, point of intersection of the northerly line of the Main Boad with the westerly line_ of Rocky Point Road: k County; and that the notice of which the j' (1;,5. 52° SS' 20" W. 206.08 feet; ' is a rinted co has been (2) S. 56° 13' 40" W. 745.33 feet; P PY, published in said and running thence from said point of beginning westerly along the and Traveler~-M~o~ttpituck Watchman once each ' northerly line of the Main Road the following courses and distances: ~~6•`6~^. . / ' (1) S. 56° 13' 40" W. 255.00 feet; week' (2) S. 58° 06' 10" W. 339.00 feet; / (3) on tt curve to the right with a radius of 812.W feet Yor a distance of ely, commencing on the ..............1.~ ~L 120.26 feet to a monument and land of the Eatate of Rutkowski; thence (l northerly along the land of the Estate of Rutkowski the following courses ,~e/~.'~,;,,,,,,,,,,,,, 1974!.. and distances: (1) N. 16° 24' 30" W. 270.68 feet; - /,~~1. O /G ~J`'- (2) N: 16° 39' 30" W. 447.07 feet; .T/ :.............5.-..^r.-..'`'..'•:1..................,~~.......................... (3) N. Ib° 22' 20" W. 127.47 feet; (4) N. 15° 27'00" W. 102.95 feet to a monument and land of the Village of Greenpon; thence northerly and westerly along the land of the Village of Greenpon the following courses and distances: (1) N. 15° 26' 40" W: 310.78 feet to a monument; (2) N. 16° 13' 10" W. 260.73 feet; Sworn to before me this doy of (3) N. 16° 26' 30" W. 295.93 feet to a monument. ' (4) N. 16° 28' S0" W. 266.16 feet-to a monument 19'~`~ (5) N. 16° 22' 20' W. 166.90 feet to a monument; (6) S. 69° 48' 40" W. 542.30 feet to a monument and land of F.F. Kin~¢: thence northerly, westerly and again northerly along the land of F.F. King the following courses and distances: ' (1) N. 21° 39' ZO" W. 692.75 feet to a monument .~.~.~.~i,,~~..........G'~~~~c`e'~...... (2) S. 66° 36' 15" W. 604.55 feet to a monument; Ne4t9 PIS (3) N. 23° 23' 25" W. 1366.97 feet to the Long Island Sound; thence easterly along Long Island Sound to the land of Andre K. Binen et al, a tie line along the approximate high water mark of Long Island Sound having the following courses and distances: p;, - ""F (1) N. 38° 10' 40" E. 402.34 feet; vorR (2) N. 52° 02' 40" E. 317.06 feet; I / (3) N. 59° 36' 00" E. 434.78 feet; ;g~ 0 (4) N. 38° 09' 30" E. 623.16 feet - (5) N. 32° 44' 10" E. 499.30 feet; - (6) N. 26° 50' 21" E. 697.59 feet; thence southerly, westerly and again southerly along the land of Andre K. Birten et al the following courses and distances: (1) S. 15° 18' 10" E. 300.00 feet to a monument;~:~:: - (2) S. 13° 54' 10" E. 816.76 feet; (3) S. 13° 31' 30" E. 436.67 feet; (4) S. 13° 26' 40" E. 557.97 feet (5) S. 12° 41' 40" E. 314.36 feet; 4~ (6) S. 13° 40' 10" E. 446.72 feet; (7) S. 11° 4T 00" E. 126.63 feet (8) S. 13° 00' 20" E. 132.76 feet; ~ , (9) S. 13° O1' S0" E. 505.25 feet; (10) S. 13° 56' 20" E. 200.00 feet; (11) S. 15° 39' 30" E. 200.09 feet; (12) S. 13° 36' 40" E. 262.01 feet; (13) S. 13° 56' 20" E. 285.00 feet; (14) S. 12° 37' 40" E. 153.04 feet; (IS) S. 15° 10' 00" E. 213.04 feet; (16) S. 16° 14' 00" E. 90.07 feet; (17) S. 16° 35' 20" E. 239.60 feet to a monument; (18) S. 72° 25' 10" W. 144.42 feet to a monument; (19) S. 19° 4T 10" E. 370.39 feet to the point or place of beginning, containing an area of 164.4 acres, more or less. ~ Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: January 6, 1975 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN ' 1T-1/16 II _ _ _ _ CERTIFICATION OF OWNERSHIP - PEBBLE BEACH REALTY, INC. STATE OF NEW YORK : ss COUNTY OF SUFFOLK LEFFERTS P. EDSON, being duly sworn, deposes and says: THAT he is the attorney for Pebble Beach Realty, Inc. and is familiar with all matters in connection with the said corporation: THAT Pebble Beach Realty, inc. is a New York corporation which is a wholly owned subsidiary of Equitable Community Home Service Corporation, which in turn is wholly owned by Equitable Federal Savings and Loan Association which is federally chartered and maintains its principal office at 356 Fulton Street, Brooklyn, New York; THAT there is no other person or other corporation that has any interest whatsoever in Pebble Beach Realty, Inc, or in the real property which it owns in East Marion which was purchased from Arthur L. R. Francisco and Helen T. Francisco, his wife, by deed dated October 31, 1972 and recorded in the Suffolk County Clerk's office on November 10, 1972 in Liber 7279 at page 489•. ~~y Lefferts P. Edson Sworn to before me this 10th day of` January, 1975 / NOTARY PUOLI C, S}a4o of New Yerk No. 52.0465530 -Suffolk Cou n}y Commisaion Expires IAarch 3D, IAJb YOUNG4~YOUNG 40o OSTR~4NDER a~VENUE RNERHE~4D, NEW YORK flsol 516-727-2303 :ALDEN W'. YOUNG HOWARD W. YOUNG T'ro£easiotui.L Engineec 4h Land $uweyoc L.nnd $ucveyoe J?nuar~r li, 1~'j Planning Board Toti,*n of Southolc?_ Boutnold, SSew l~orl. ?19`]l E?: ~~PE,'b C11.e Be^CYl l~arI"15'' 'ast Tiari.on Toti~m of uouthol~~., Pd. Y. Gentlemen: lit the direction of 1ir_, dosepTl llonovan, we are tr:uxsmitting herewith the original tracings, two sets o=` cloth prints and three sets of paper prints of the above captioned subdivision which we have ar7ended at his direction to show a parcel 60 feet wide adjacent to hot TTo. 4j for possible -.u'ture highway deg-cation, and. amended to show the rear setbac':: line 100 feet from ttile tie line alon(; average line of b7_uff. Jerl* trul r ~~oul s / gd r~~~;rz : ~.br enc. , i.- ~ . t I J/'7S - i T Jae r~~~- - - ~ LEFFERTS PANE EDSON ATTORNEY AT LAW MAIN ROAD SOUTHOLD, N. Y. 11971 516 ]65-2500 RUDOLPH H. BRUER January 10, 1975 Southold Town Planning Board Main Road Southold, New York 11971 Re: Pebble Beach Realty, Inc. Dear Sirs: At the meeting before you on December 16, 1974, four requirements were imposed which we are now complying with: 1. The 100 foot building set back line from the bluff will be indicated on the map. 2. An area 60 feet wide South of Lot No. 45 for possible future highway dedication will be shown on the map. 3. Fire hydrant locations are presently shown on the map, indicated by a solid circle with two spurs extending therefrom, which are placed along the roadline. 4. Water spurs for lot service will be installed across the road at the time of installation of the water mains, Thank you. Sincerely, Lefferts P, Edson LPE:baf :i ' / ~ 1 i /J ` ~5 /J ~..J..'C~-- ..1/ X-~ 1 I' _ _ _ _ • LEGAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearing will be held by the Southold Town Planning Board at the Town Office, Main Road, Southold, New York, in said Town on the 27th day of January, 1975, at 7:30 o'clock in the evening of said day on the question of the final approval of the following plat: Plat of property owned by Pebble Beach Realty, Inc. entitled "Pebble Beach Farms", consisting of a parcel of land situated at East Marion in the Town of Southold, Suffolk County, New York, and bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of the Main Road with the westerly line of the land of Andre K. Birten et al, which monument is the following courses and distances from the point of intersection of the northerly line of the Main Road with the westerly line of Rocky Point Road: (1) S. 52° 55' 20" W. 206.08 feet; (2) S. 56° 13' 40" W. 745.33 feet; and running thence £rom said point of beginning westerly along the northerly line of the Main Road the following courses and distances (1) S. 56° 13' 40" W. 255.00 feet; (2) S. 58° 06' 10" W. 339.00 feet; (3) on a curve to the right with a radius of 812.00 feet for a distance of 120.26 feet to a monument and land of the Estate of Rutkowski; thence northerly along the land of the Estate of Rutkowski the following courses and distances: (1) N. 16° 24' 30" W. 270.68 feet; (2) N. 16° 39' 30" W. 447.07 feet; (3) N. 16° 22' 20" W. 127.47 feet; (4) N. 15° 27' 00" W. 102.95 feet to a monument and land of the Village of Greenport; thence northerly and westerly along the land of the Village of Greenport the following courses and distances: (1) N. 15° 26' 40" W. 310.78 feet to a monument; (2) N. 16° 13' 10" w. 260.73 feet; (3) N. 16° 26' 30" W. 295.93 feet to a monument; (4) N. 16° 28' 50" W. 266.16 feet to a monument; • " Legal Notice ~ Page 2 - Pebble Beach Farms I ~ (5) N. 16° 22' 20" W. 166.90 feet to a monument; (6) S. 69° 48' 40" W. 542.30 feet to a monument and land of F. F. King; thence northerly, westerly and again northerly along the land of F. F. King the following courses and distances: (1) N. 21° 39' 20" W. 692.75 feet to a monument; (2) S. 66° 36' 15" W. 604.55 feet to a monument; (3) N. 23° 23' 25" W. 1366.97 feet to the Long Island Sound; thence easterly along Long Island Sound to the land of Andre K. Birten et al, a tie line along the approximate high water mark of Long Island Sound having the following i courses and distances: (1) N. 38° 10' 40" E. 402.34 feet; (2) N. 52° 02' 40" E. 317.06 feet; (3) N. 59° 36' 00" E. 434.78 feet; (4) N. 38° 09' 30" E. 623.16 feet; (5) N. 32° 44' 10" E. 499.30 feet; (6) N. 26° 50' 21" E. 697.59 feet; thence southerly, westerly and again southerly along the land of Andre K. Birten et al the following courses and distances: (1) S. 15° 18' 10" E. 300.00 feet to a monument; (2) S. 13° 54' 10" E. 816.76 feet; (3) S. 13° 31' 30" E. 436.67 feet; (4) S. 13° 26' 40" E. 557.97 feet; (5) S. 12° 41' 40" E. 314.36 feet; (6) S. 13° 40' 10" E. 446.72 feet; (7) S. 11° 47' 00" E. 126.63 feet; (8) S. 13° 00' 20" E. 132.76 feet; (9) S. 13° Ol' S0" E. 505.25 feet; (10) S. 13° 56' 20" E. 200.00 feet; (11) S. 15° 39' 30" E. 200.09 feet; (12) S. 13° 36' 40" E. 262.01 feet; (13) S. 13° 56' 20" E. 285.00 feet; (14) S. 12° 37' 40" E. 153.04 feet; (15) S. 15° 10' 00" E. 213.04 feet; (16) S. 16° 14' 00" E. 90.07 feet; (17) S. 16° 35' 20" E. 239.60 feet to a monument; (18) S. 72° 25' 10" W. 144.42 feet to a monument; (19) S. 19° 47' 10" E. 370.39 feet to the point or place i ~ i Legal Notice Page 3 - Pebble Beach Farms of beginning, containing an area of 164.4 acres, more or less. III I Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: January 6, 1975 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, January 16, 1975, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on January 6, 1975: The Long Island Traveler - Mattituck Watchman The Suffolk Weekly Times Rudolph Bruer, Esq. Joseph J. Donovan Supervisor Albert M. Martocchia I i I • a YOUNG ~ YOUNG 40o OSTR~4NDER raVENUE RIVERHEAD, NEW YORK ifsm 516-727-2303 n4LDEN W. YOUNG HOWr1RD W. YOUNG Pro{eseio~w.L Enyineec 4h Land cSuweyox [,nod $uweyoc January 2, 1975 Mrs. Muriel Brush, Secretary Southold Town Planning Board Southold, New York 11977- Dear Mrs. 3rush: At your request we have prepared anal transmitting herewith a description of land being dev- eloped as "Debbie F3each Farms" at Fast Marion, New York. Very truly yours, ~ ~ _L _ ~2,, A'JY/rab Alden !7. Young- enc. ec Mr. Joseph J. Donovan + copy of description. ~y tT , ~ . ~i i j~ i 1~_. t 4 ~ < ` ~ C 1 `t` J~ l -J1 l _ ~ ,y~i , ~C~ January 2 0 1975 Description of land enoompassing a realty - subdivision entitled "Map of Pebble Beach n Farms, East Marlono Town of .~outholdp Suf folk Countyp New York", BEGIPiNING at a monument set at the intersection of the northerly line of the Main Road with the westerly line of the land "w•-'`-- ~4i4 > of Andre K. Birten et al, which monument is the following courses and distances from tha point of intersection of the northerly line ~:Y: of the Main Road with the westerly line of Rocky Point Aoad: (1) S• 52° 55` 20" w. 206.08 feet; (z) s• 56° 13' 40" w. 745.33 feet, and runnin thence from said point of beginning westerly along the x., o- g , northerl line of the Main Road the follows oouraes and distances. Y ng (1) S• 56° 130 40" W. 255.00 feet; (2) s• Sa° 06' 10" w. 339.00 feet; ' (3) on a curve to the right with a radius oP 812.00 feet for a distance of 120.26 feet to a monument anfl land of the Estate of Rutkowski; thence northerly along the land of the Estate of Rutkowski the following oouraes and distances: (1) N. 16° zoo 30" w. z7o.6e feet; (2) N• 16° 39' 30" W• 44707 feet; (3) N. 16° 22' 20" W. 127.47 feet; (4) N. 15° 27' 00" W. 102.95 feet to a monument and land of the Village of Greenport; theme northerly and westerly along the land of the Village of Greenport the following oouraes and distances: (1) N, 15° 26' 40" w. 310.78 feet to a monument; (2) x. 16° 13' lo" w• z6o.73 feet; (3) N. 16° 260 30" W• 295.93 feet to a monument; i (4) N. 16° 28' go" W. 266.16 feet to a monument; 9 (5) N. 16° 22' 20" W. 166.90 feet to a monument; (6) S. 69° 48~ 40" W. 542.30 feet to a monument and land of F• F. King; thence northerlya westerly and again northerly along the land of F• F. King the following courses and distances: 'i'` - 2 - January 2p 1975 (1) N. 21° ~9' 20" w. 692.75 feet to a monument; (2) S. 66° 36' lg" W. 604.55 feet to a monument; (3) N. 23° 23' 25" w. 1366.97 foet to the Long Island Sound; thence easterly along Long Island Sound to the land of Andre K. Rirten et ai, a tie line along the approximate high water mark of Long Island Sound having the following courses and distances: (1) N. 38° 10' 40" E. 402.34 feet; (2) N. 52° 02' 40" E. 317.06 feet; x (3) N. 59° 36' 00" Eo 434.76 feet; (4) N. 38° O9' 30" 623.16 rest; (5) N. 32° 44' io^ E. 499.30 feet; (6) N. 26° 50' 21" E. 697.59 Peet; thence southerly, westerly and again southerly along the lanfl of Andre K. Eiirten et a1 the following ooursee and distances: (1) S. 15° 18' 10" E. 300.00 Peet to a monument; (2) S. 13° 54° 10" fi. 616.76 feet; (3) s. 13° 31' 30" E. 436.67 feet; (4) S. 13° 26' 40" E. $57.97 feet; (5) S. 12° 41' 4~0" E. 314.36. .feet; (6) s. i3° 40' lo" E. 446.72 feet; (7) S. 11° 47' 00" E. 126.63 feet; (8) S. 13° 00' 20" E. 132.76 feet; (9) S. 13° of So^ E. 505.25 feet; (lo) s. 13° 56' 20" E. 200.00 feet; (li) s. lS° 39' 30" E. 200.09 feet; (12) S. 13° 36' 40" E. 262.01 Peet; (13) S. 13° 56' 20" E. 285.00 Peet; (14) S. 12° 37' 40" E. 153.04 feet; (15) S. 15° 10' 00" E. 213.04 fe9t; j (16) S. 16° 14' 00" E. 90.07 feet; (17) s. 16° 35' zo" E. 239.60 Peat to a nonunent; (18) S. 72° 25' 10" W. 144.42 feet to a monu~eent; (19) S. 19° 47' lo" E. 370.39 feet to the point or place of beginning, containing an area of 164.4 acre&~ more or lase. _ _ December 2, 1974 Mr. Raymond C. Dean, Supt. Town Highway Dapartment Peconic Lane Yeconic, New York 11958 Dear Ray: Enclosed find copy of revised preliminary map of the subdivision known as "Pebble Beach" at East Marion. I have already given a copy to Larry Tuthill and am mailing; a copy to Mr. Demarest of the Highway Committee today. Copies of the final map of this subdivision were received November 22, 1974 which means that most likely a public hearing on the final map will be set for January 6, 1975. If you have any objections to this map I would appreciate hearing before that date. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Enclosure i YOUNG 41' YOUNG koo OSTR~ANDER aaVENUE RIVERHEflD, NEW YORK iisoi 516-727-2303 ~4LDEN W'. YOUNG HOWa1RD W. YOUNG I~rofeesional Er~gineec ~ Land cSuroeyor Land <Sucueyoc Tdovember 26, ]_9'74 Planning Board Town of Southold Southold, Netr Yorl~ 11971 Attention: Mrs. Brush Dear Mrs. Brush: ht ~rour request, we are transmitting herewith five (5) sets of prints of "Pebble Beach larms", revised by us October 4, 19']4. Very truly yours, ~ ~ ~D-z~~sc-`tom. L~~'c<,~ ~-z'C1 Iloward. W. Young I3~,lY : kb.f enc. T^' ~N A \ iy F . 1 , r ' i . ~ - y~~ >`L4~°"' ~ SUFFOLK COUNTY • ,g° a ~ U~ DIVISION OF PUBLIC HEALTH ~.a s;~ DEPARTMENT OF HEALTH SERVICES H. LEE DENNISON EXECUTIVE OFFICE BUILDING may',-...,..,."~ y ~%'-'~Y ~'y4 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YORK 11%B7 October 7, 1974 Mr. Joseph J, Donovan, President Re: Pebble Belch Pebble Beach Realty Inc. Southold Town 620 Hempstead Turnpike Elmont, New York 11003 Dear Mr. Donovan: Based on our conversation with your attorney Mr, Lefferts Edson, please disregard our letter of October 2, 1974, Suffolk County Department of Health Services is prepared to review your case assuming that the map or facts that were originally presented and approved by the Department in October 1973 have changed, That is to say, a new map is proposed, plot lines have char.ne!+, p!!blir water is no lcnger available, ctC, If th1S 15 IIOL the CdSe and the information to be submitted is the same as previously submitted, the Department believes that there is no need for resubmission of this information since the determination was made, as stated in the De partrlent's letter of November 29, 1973 to Mr, Edson. Please advise if the facts have changed warranting a hearing before the Cluster Review Committee. Very truly yours, / ~ C~ ~~-.w4.a.~ 111 do ~u dreJi 1, ~,L. Chairman Cluster Review Committee AA/eb cc Mr. Edson Mr, Risso Mr. Yerman Mr. Baier Mr. Villa Chairman, Planning Board SUr a'Oxh _C 7 '~T]~ L l I~U t ;'~'v:` Ct~'~r`~1ITTEE H 1 ;e' t ,x; , eut,a.\'E l ~ 1 1.~ ldi^g Vcte:-<:n, r;~r.*.ox-ia1 :i„-'n~v~ay Haul;: u~,~r.. J':ew York 1.1787 October 2, '1974 IRr. Joseph J. Lbnova.n, Pres9.d2nt Pebble Beach Realty Sr~c. 620 Hempstead Turnpike Elmont. New York 11003 Re: Pebble Beach (T) Southold Dear Mr. Donovan: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. A review of your case has been scheduled at the H. Lee Dennison Executive Office Building, Hauppauge, New York, in the Suffolk Caunty Department of liealth Services Conference Room, 9th floor, on Thursday, October 17, 1974 at 1:30 p.m. You may appear with or without counsel and you may pro- duce any information or evidence in your behalf. Very truly yours. i Aldo luxdreoli, P.E. Chairman Cluster Review Committee AA/eb rc Mr. Jospeh Risso Mr. Andrei Yerman Mr. Jo~aph Beier Mr. Robert Villa / .Chairman, Planning Board? EDWARD J. BALE PROFESSIONAL ENGINEER Post Office Box 972 Southold, New York 11971 516-765-1681 September 23, 1974 Ltr. No. 127 RE: .Pebble Beach Mr. Reymonr~ C. Dean, Superintendent Southold Town Highway Department Peconic, New York Oeer Sir: I visited the Pebble Beach site on August 14, August 30, September 12, and September 23 to inspect the work in progress. The right-of-ways for the roads have been cut through and the roads seam to be approximately at finished grade - This will be verified at a later date. The main activity now is the installotian of sand awales. The contractor is removing all loam down to sand and gravel end is filling the ditch with sand and gravel taken from a borrow pit located on the tract. In some places the Swale ditch was cut to a depth of 3 - 4 feet. To date, the contractor has performed satisfactorily. Respectfully submitted, G 1~~,t,,-~,,,~ Edward J. Sage, P.E. ~ ; /~P,FTCEI`T~,D_ ~Y TITe'i+7.,d O^ ~~.O~Ta'rIOLD ~ ~>115' n Form San. RS-2 SCDH ~ SUFFOLK COUNTY DEPlti1;TMCNT' OF HEALTH SL'RV[CES D%VISION O.' PUisI,IC HEALTH HAUPPAUZ;ti, NI:Av YORK BUREAU OF ":NV[IZONME.N"1'AL HEAL'IfI SI:IZVICL'S CERTII'ICAT[ON OP FiPPI'OVAL OF IZEAI,TY SUP,t7[VISION PLANS Pebble Beach Realty, Inc.: TO: 2918 Clay Pitts Road East Northport, PJci~i York 11 ?31 .This certificate is issued under the provisions of the `>ul~i~~lk Cowrty Sanitary Codc in color cur:n with the approval of pl:uts on August 6, 1974 • • • . , ,fur your realty subdicisiim l.ro~.~~i as • • • , . • • • • , . • • .PEL•BL..E B.FICH f=P fi!-iS T'he following; data was fw'nished in connection with the submission of the plans. • Location Tot-rn ~f Southold, Suffolk County, tJcw York ' Acres (approx.) ..1F.4, :4 No. of Lots 1~3..... Size (appro~:.) 22,,(1,00, s,yuar;', feet..... . • yell lots onl ,Owner mtcndsto X .'topography „ro.l•l.tng Depth Uo Ground W'a.ter -Max: i.Q , Min:..1.~'..... \4'har . Soil ! Grading (cut or fill) .hlo.t .t4 .df.fQC,t <(~s.i.yn .o.i; ,s,~~:;;age..dis.Nos.dl, ft:c,i,l.i.t,i.es . . t Drainage As..dRRraved .by. ,th@ .T.ottn .R` .SaUthnl.d . Water Supply Green~ort Village 4later District to serve all lots Sewa c..On each lot, one 900-gallon minimum liquid capacity aporovEi ~;.pe septic tank co!fihected •to •one approved •type precast ~or •tiloclc ~cesspoel devaloptny a imr~ ~~n~ of '300 square .feet .of .leaching .area .bel.oa~ ahe .ia;l.et .pi.pe .i.n .natural: nr..undis.ttu ' .e^ . . medium-coarse sand and/or yravel, or in the case of unusual soil;.the excavation to be •carri•ed •to •a •depth •until •a •5-feet •stra*.a •of •vi rgTn •L•an~~ •I•shand •sand •a!rd •prx~~ ~T is encountered and the Pool is provided with a minimum 3~foot sand and gravel collar Aap}~t~eva r s su~~Jtsr t r ~ r tee on~dn~i~t ~r Jed ' ' fans ~ . for... .~$~'~~rv ssp ~ b4 p L That the proposed facilities for water supply and sewage disposal are installed in confonmty ~sith said plans. 2. That private sewage disposal systems shall no longer be constructed or used after publics werz facilities become available. cc ~11den 41, Young (/Bldg Dept. Southold (T) Depto of State-Subdivided Land Unit Davids, P. F.. Federal Hoit~inp A(Jih1n~ As;i_•tant L~trectot of Poo'-ic Neahh " Ri"vehhpad (1fc - Gen F.nor• licv~ron•nen~i'~i-: ~.i h . . i _ _ ~ i Of~icers f MAYOR ~ fl~a Je cl/ ~7reen~7orf JosePlJ L. rownsrvn, ne. ~ a Po r p a s TausTees ,.Ew ~o~ooA,r~o~ ,Pa~~ ~ese A~.~~~a aPOA,.~or ~~<<a ~~.~A,~ ~.w M,..9, e~. IIBNRV ('A ltl OZZI tiAM Ui-.1_ KATI. ~ ~'P'~y WILLIAM HJJ LI31.1!IN ~ f _ f' U R'ILLIAM (JIiINN ^~~.yny-'~ ••~~_l~„3 `-'p N G I S L A J`I v t' SUPT. OP UTI LITI [5 JAMBS I. MONtiha 1. Greenport, SufFolk C'otazty, ~ Y. July 18, 1974 Pebble Beach Realty, Inc. 2918 Clay Pitts Road East Northport, New York 11731 Attention: Mr. Joseph I. Donovan President Dear Mr. Donovan: The Village of Greenport - Department of Public Utilities has looked favorably upon serving the "Pebble Beach Farms", located at East Marion, with the public water supply. The legal agreement between the Village of Greenport and Pebble Beach Farms at East Marion will be prepared so that all parties may sign. When the agreement is signed by all parties, the Village will notify the Southold Town Planning Board in writing, If I can be of further service, please call. Very truly yours, James I. Monsell Superintendent of Public Utilities JIM:nr cc: Mayor Joseph Townsend, Jr. All Village Trustees Southold Town Planning Board - ,.T - Assisting: The Suffolk County Soil and. water Conservation District ~ 127 Past '~?ain Street, Riverhead, New York 11901 ' .January 21, 1974 i ldr. Arthur ht. Pannaman Fransico and Jacobus Two West 45tL Street New York, New York 10035 Dear "dr. Partnaman: I I have contacted both Mr. John Wickham, Chairman, Southold Planning Board and y Plr. }lay Dean, Town Highway Superintendent o£ Southold, to check on points we discussed during your visit the other day. Perhaps some of the following will i help you with your further plans. ,i I Plr. Dean assumed that the roads in the Pebble Beach Subdivision would not he ~ dedicated to the Town, that is they would not he Town roads. He commented that the Highway Committee of the Town Board of Southold would expect an op- portunity to review the road plans and comment even though the roads xere not expected to be dedicated to the Town. Air. Dean said that the general concept of grassey shoulders and sandy swales along side twenty four foot + pavement was not objectionable to him at this time. He mentioned that it was of course new and subject to trial, but that he was satisfied with the initial installations on other properties. Mr. Dean said that some runoff water storage facility would be desirable for the street water that might collect at the south end of the access road. You recall we had discussed some leaching pools in that area to prevent storm water from flowing out on to the state highway. Both he and h?r. Wickham felt 'I that possible future agricultural use of the open space land in the south j ~ portion of the property might cause silting of the sandy recharge swales along the access road. i One su estion was to create an sestheticall ~ gg y pleasing pond near the entrance ' to the property that could accept any runoff water from sandy swales if the swales became temporarily sealed over by ice or silting. Such a pond, which. we could help you design if you wish, would have a permanent pool and soil covered plastic liner, with additional storage capacity above the permanent ' pool. I am enclosing a few brief items of pond information which you might consider. Sincerely, ~ Charles R. Barnett District Conservationist ice. ~ bcc: .John w'ickham, Chairman Toam of Southold Planning Board_ LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD - SO UTHOLD, N. Y. 11971 516 765-2500 December 1, 1973 Southold Town Planning Board Main Road Southold, New York 11971 Re: Pebble Beach Realty, Inc. Dear Sirs: We enclose herein a copy of a letter received from the Suffolk County Department of Health stating that the determination of the Board of Review approves the subdivision "Pebble Beach". Sincerely, ` effer Edson LPE:baw Enc. ~ P ~ D~bR~'MEt~C"t C?F t~E:Li~ tv ~y.~>,'FY~ H. LEE DENNISON EXECUTNE CAF FICIE BUILDING '-~op~~ VEl"ERANS MEMORIAL HIC; FiW AY HAUPPAUG E, IVEW YORK i 7787 November 29, 1973 Mr. Lefferts Edson Re: Pebble Beach Main Street Southold Town Southold, New York 11971 Dear Mr. Edson: At the hearing held on October 24, 1973, in the office of the Suffolk County Department of Health Services, H, Lee Dennison Executive Office Building, Veterans Memorial Highway, Hauppauge, New York, you had an opportunity to present your appeal of the Department's ruling on the subject subdivision. In accordance with the provisions of subdivision (c), Section 7, Article I of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: Based on the information submitted that the subject realty subdivision be approved, Since the determination of the Board of Review submitted to the Director of Public Health's office on November 7, 1973, has not been reversed or modified by him, it is therefore deemed to be the determination of the Director of Public Health, Very truly yours, 4~~W, Davi ds , P.E. Director of Environmental Health HWD/ gph cc Aldo Andreoli, P,E, Robert A. Villa, P,E. Mr. John Wickham k a [ ~ a a°:,. a r ,fl : ~ ~ f° r-. r.,.r r~; I . r_,~_ ~ ~ . a t,~r,,._, s ``v'~,i - H. L. UEPdi I C7 fV EAC C'il Tt V! l~C'~ ICS fd t:ILC11 h6G `4" ~ VE'iE P{`,JS .,".~~_I~UP;If~~ f(iGH',M1'A FI IiPPAUI:.C, 1`.{EV'd `l i~cc 4+: i L7 t77 IJoverJher 2f3, 1873 i°ir. Leffert> Edson Re: "ebble Beach Plain Street Southold Town Southold, New York 119T1 Dear Mr. Edson: At the hearing held on Ocaober ?_4, 1973, in the r.ffice of the Suffolk CoEmty De~,art:mc~nt of Nealtl; Ser'~dices, H, Lee Dennison Executive Office Building, Vei,erans Memorial Highway, Hauppauge, New York, you had an opportunity to presant your appeal o`r the Uepartrr~ent's ruling on the subject subdivision. In acce°dance v.ith the provisions of subdivision (c), Sertion 7, Article I of the Suffolk County Sanitary Code, the determination of tf:e Board of Revic;w is as followJS: Based on the 1n`Orliiation subnntted that the subject realty subdivision be app'.°cved. Since the d~terrnination of the Board of Review submitted to the Director of Public HezJlih`s office on November 7~ 19T3, has not been r'ev~rsed or modified by him, 'i't is therefore deemed to bc. the determination of t:he Uirect:or of Public Neal~th. Very truly yours, fr'`~'~...~~'r~t',~. ~ Uire; o~ of Envi;..,...,..~tal "ea'Ith P HUD/ gph cc ~ldo Andreoli, P.E. Roberi A. Villa, P. E, ~rP1r. Bohn tdickl~am LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD - SOUTHOLD, N. Y. 11971 616 768-2600 November 9, 1973 Mr. John Wickham, Chairman Southold. Town Planning Board Southold, New York 11971 Re: Pebble Beach Realty, Inc. Dear Mr. Wickham: Enclosed. please find a copy of a letter we received from the New York State Department of Environmental Conservation dated November 7, 1973 in connection with the Pebble Beach subdivision. ~ ~ ~ i c e y , r, p uer RHB:dbc Enc. New York State Department of Environmental Conservation ,k,„y ol.~na, Albany, N. Y. 12201 Cowmifsloner November 7, 1973 Lefferts P. Edson Main Road Southold, NY 11971 RB: TW-15274-0053 Petition for Moratorium Permit in Tidal Wetlands Dear Mr. Edson: Your petition has been forwarded to this office by the Local Tidal Wetlands Permit Administrator. He has determined that your permit will not adversely affect adjacent tidal wetland areas. Therefore, pursuant to Part 660.1(4), NYCRR (Proposed) you are hereby notified that no permit will be necessary. V truly yours, Louis M. Concra, Jr. Central Tidal Wetland Permit Administrator LMG:SJZ/sca cc: G. Colvin _ 2~~~ October 5, 1973 Rudolph Bruer, Eaq. Lefferts Paine Edson, Esq. Main Road Southold, New York 11971 Dear Mr. Bruer: On October 4, 1973, after a preliminary hearing for $Ph~~_Beach Rc+a7+v ~++}+d1vi~,~„q~,~ owned by Pebble Beach Realty, Inc., situated at East Marion, it was RESOLVED that the Southold Town Planning Board. GRANT preliminary approval to the subdivision known as Pebble Beach Realty Subdivision, owned by Pebble Beach Realty, Inc., situated at East Marion, in the Town of Southold, Suffolk County, New York. The motion was regularly made, seconded and approved unanimously. Yours very truly, Marjorie McDermott, Secretary :mm LEGAL NOTICE NOTICE OF HEARINGS 10" West 339.6 feet; (3) on a NOTICE IS HEREBY GIVEN curve bearing to the right having a radius of 812 feet a hat pursuant to Section 278 of the distance of 120.88 feet to the Cown Law, public hearings will southeast corner of land of ~ held by the Southold Town Rutkowski Estate the point Planning Board at the Town COUNTY OF SUFFOLA, ~ or place of BEGINNING. Office, Main Road, Southold, STATE OF NEW YORK, ZVew York, in said Town on the ~ sa: 2. Plat of property owned by 4th da of October, 1973, at 7:30 j John Pontino, entitled "East Hill y -Section I", consisting of a parcel o'clock in the evening of said day, S t U3Y t C . JJO rIDari of Land situate, lying and being at on the question of the preliminary ' ' ' ' ' ' ' ' ' ' • • • • • • • • • • • • • • • • • • • • being duly SWOIn, Peconic, in the Town of Southold, ~PProval o£ the following plats: says that he.. , fs Printer and Publisher pf the SUFFOLK County of Suffolk, and State of 1. Plat of property owned by New York, bounded and Pebble Beach Realty, Inc., en- WEEKLY TIMES, a newspaper published at Greenpart, in said described as follows: titled "Pebble Beach Realty BEGINNING at a point on the Subdivision", consisting of a COUafy; and that the n'OtiCE, of whfeh the annexed is a priated westerly line of Indian Neck Lane ?arcel of land situated at East where it intersects with the Harion, in the Town of Southold, Copy. has been published in the said SUffalk Weekly Times souther] line of Leslie's Road; Suffolk County, New York, and runningythence along the said rounded and described as once in each Week, fear • , , , , • one (1) Weeks westerlylineofIndianNeckLaneollows: 2'7th in a southerly direction a BEGINNING at a point on suCCesSivtbly COMmenCing On the . distance of 1127.00 feet to land the northerly side of Main Sep now or formerly of Anton Kull; (State) Road adjoining the day Of _ 9 7~. running thence along said land southeast corner of land of / j 9~~ ' now or formerly of Anton Kull; Rutkowski Estate; running : ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' in a southwesterly du•ection a thence northerly along the Swann to before a this 2`]th ; , ~ several lands of Rutkowski - distance of 420.0 feet; ruontng Septe beT ~ t ~-1 i [hence along other land of John Estate, Village of Greenport, day Of 19,J J Pontino on a course at right F.F. King the following i ~ t' • courses and distances: (ll . y.. ~ ;-r : ~.4~'~..... angles to the satd southerly line North 16 degrees 25' 30" West of Le51ie's Road a distance of 272 05 feet; (2) North 18 / • • • 170.00 feet; running thence still degrees 40' 30" West 947.07 along the said other land of John feet ~ (3) North 16 degrees 23' Pontino in a northeasterly • direction and parallel to the said West 127.47 feet; (4) ~ IO, EtTH. CFY.7lREfi1CE ~WMSEAfffP southerly line of Leslie's Road a North 15 degrees 28' West NOiRRY' PUBLIC OF NEW YORk= distance of 50.00 feet: running 102.95 fcet; (5) North 15 thence still along said other land iegrees 29' 30" West 310.56 Resi9ic~ im Suffolk county of John Pontino in a nor- 'eet; (6) North i6 degrees 16' Clks. No. 529366350 thwesterly direction and at right rVest 280.73 feet; (7) North 16 My Commission Expiees March 30, 19? y angles to the said southerly line Igrees 29' 20" West 295.93 of Leslie's Road a distance of eet; (8) North 18 degrees 31' 365.00 feet to the said southerly w" West 268.33 feet; (9) line of Leslie's Road; running lorth 16 degrees 29' 10" West thence northeasterly along the 67.12 feet; (10) South 69 said southerly line of Leslie's ~egt'ees 4T 10" West 542.$8 Road a distance of 985.00 feet to eet; (11) North 21 degrees the point of intersection with the 6' 00." West 692.45 feet; (12) westerly line of Indian Neck Lane Huth 68 degrees 26' 10" West at the point or place of feet; (13) North 23 BEGINNING. egrees 22' 40" West 1365.0 Any person desiring to be heard eet to the Long Island on. the above matters should band; thence northeasterly appear at the time and place dong the highwater mark of above specified. he Long Island Sound and Dated: September 21, 1973 ollowing courses and BY ORDER OF THE listances: (1) North 38 ~i SOUTHOLDTOWN 10' 90" East 906.74 PLANNING BOARD eet; (2) North 52 degrees 02' . JOHN WICKHAM, CHAIRMAN 0" East 312,06 feet; (3) 1TS27 forth 59 degrees 38' 00" East y34.78 feet; (4) North 36 degrees 09' 30" East 823.16 feet; (5) North 32 degrees 44' , 10" East 499.30 feet; (6) North 26 degrees 50' 20" East • 697.59 feet to land of Birten; thence southerly along said land the following courses and distances: (ll South 15 degrees 18' 10" East 300.0 feet; (2) South 13 degrees 54' 10" East 816.76 feet; (3) South 13 degrees 31' 30" East 436.67 feet; (4) South 13 ' degrees 26' 40" East 557.97 feet; (5) South 12 degrees 41' 40" East 314.36 feet; (6) South 13 degrees 40' 10" East 946.72 feet; (7) South 11 degrees 47' East 126.63 feet; (8) South 13 degrees 00' 20" East 132.76 feet; (9) South 13 degrees Ol' 50" East 505.25 feet; (10) South 13 degrees 56' 20" East 200.0 feet; (il) South 15 degrees 39' 30" East 266.09 feet; (12) South 13 degrees 36' 40" East 262.01 feet; (13) South 13 degrees 58' 20" East 285.0 feet; (14) South 12 degrees 37' 40" East 153.04 feet; (15) South 15 degrees 10' East 213.04 feet; (16) South 16 degrees 14' East 90.07 feet; (17) South 18 degrees 35' 20" East 239.80 feet; (18) South 72 degrees 2S' 10" West 144.42 feet; (19) South 19 degrees 47' 30" East 370.39 feet to the northerly side of Main Road; thence westerly along the northerly side of Main Road the following courses and distances: (1) South 56 degrees 13' 90" West 255.0 feet; (2) South 56 degrees OB' _ south 15" 10' East 213.04 feet; NOTICE HE~INGS ~ (18) South 18° 14' East 90.07 a y~ feet; (17) South 18° 35' 20" NOTICE IS HEREBY CITVEN. F 239.60 feet; (18) South that puruant to 9e n 3 of ~ 7:. 25' 10" West 144.42 feet; the Town Law,, pub ~ (19) South 19° 4T 10" Fast OF SUFFOLK will be held by the 8oq. Fold ~ 370.39 feet to the northerly l 55; 'Ibwn Pianning. tut: the side of Mafn Road; thence NEW YORK `TOWn Office, Main r South- westerly along the northerly old, New York, fn eR ;Towri on side of Matn Road the foiloa~- the 4th day of Octotie,. 1973, at ing courses and distances: (D 7:30 o'clock in the everiing of South 58° 13' 40" West 255.0 said day, on the questlpii{of the feet: (2) South 58° Os' 10" Whitney QOOth, )L, being duly SWOm, Says preliminary approval of the Sol- ~ West 339.0 flat; (3) on a lowing plats: curve bearng to the right fs the Editor, of THE LONG ISLAND 1. Plat of propertyawned by having a radius of 812 feei a Z _ MATTITUCK WATCHMAN, o public news- Pebble Beach Realty...Inc., en- distance of 120.86 feet to the titled "Pebble Beach Realty Sub- southeast corner of land of lied at Southold, in Suffolk County; and that division", consisting of a parcel of Rutkowski Estate the point or land situated at East Marion, in place of BEGINNING. of Which the annexed IS o printed Copy, has been County, NxwfYork,tand bourRided 2. Plat of property owned by in said Long Island Traveler-Mattituck Watch- John Pontino, entitled "East Hill and described as follows: -Section I", consisting of a p BEGINNING at a point on parcel of land situate, lying ahd each week for I~lz; d .week the northerly side of Main being at Peconic, in the Toxm e~ 1State) Road adjoining the of Southold, County of Suffolk. '~y, commencing on the southeast corner of land of and State of New York, bounded Rutkowski Estate; running and described as follows: thence northeHy along the ~ BEGINNING at a point on _ several lands of Rutkowski the westerly line of Indian Estate, Village of Greenport, Neck Lane where ft intersects F. F. King the following with the southerly line of courses and distances: (11 Leslie's Road; running thence North i6" 25' 30" West 272.OS along the said westerly line feet; (21 North 18° 40' 30" of Tndian Neck Lane in a West 447.07 feet: 13) 16° 23` southerly direction a distance 20" West 127.47 feet; l4) North of 1127.00 feet to land now or 15° 28' West 102.95 feet; (5) - North 15° 29' 30" West 310.56 formerly of Anton Kull; run- yWOrn to before me this day of feet; (8) North f8° 16' West ping thence along said land 260.73 feet; (7) North 18° 29' now or formerly of Anton KuII 19~~ 20" West 295.93 feet, (8) North in a southwesterly direction a I6° 31' 30" 'West 288.33 feei; distance of 420.0 feet; run- (9) North is' 29' 10" West Wing thence along other land 767.12 feet: (10) South 69° 4T ~ of John Pontino on a course 10" West 642.88 feet;. QI) at right angles to the said North Zl° 46' 00" West 692.45 southerly line of Leslie's Road feet; (12) South 88° 28' 10" Rotary West 604.90 feet; (13) North a distance of 170.00 feet; run- 23° 22' 40" West 1386.0 feet Wing still along the said other to the Long Island Sound: land of John Pontino in a thence northeasterly along northeasterly direction and ADftE PnYNE Notar Puh: the hlghwater mark of the aparallel to the said southerly Y Ic, Stole of Now y rR Long Island Sound the :allow- Rp~v.i rn4 .n S~Ilolk COenf o in courses and distances: (1) line of Leslie's Road a dis- 1 g No 52.3pg1f100 /,,r North 38° 30' 40" East 408.74 lance of 50.00 feet; running Commission Expires flrarch 3q 197, Peet; (2) North 52° 02' 40" thence still along said other East 317.08 feet; (3) North ~ land of .John Pontino In a 59° 36' 00" East 434.78 feet; northwesterly direction find at (4) North 38° 09' 30"' East - 623.16 fart; (6) North 32° 44' right angles to the said south- 30" East 499.30 feet; (8) North erly line of Le51ie's Road a 28° 50' 20" East 697.59 feei to distance of 385.00 feet to the land of Birten: thence south- sold southerly line of Leslie's erly along said land the fol- Road; running thence north- , lowfng courses end distances: easterly along the said south- <ll South ib° 18' 30" East erly line of Leslie's Road a 300.0 feet; (2) South 13° 54' distance of 985.00 Yeet to the 30" East 818,78 feet; (3) South point of intersection with the 13° 31' 30" East 436.87 feet: westerly line of Indian Neck (4) South 13° 26' 40" East Lane at the point or place of 557.97 feet: (5) South 12° 41' BEGINNING. 40" Eest 314.36 feet; (8) South Any person desiring to be 13° 40. 10" East 448.72 feet: heard on the above matters (7) South 11° 4T East 128.83 should appear at the time and feet; (8) South 13° 00' 20" place above specified. East 132.78 feet; (9) South 13° Dated: September 21, 1973 01' S0" East 505.25 feet; (10) BY ORDER OF THE South 13° 58' 20" East 200.0 SOUTHOLD TOWN feet; (11) South 15° 39' 30" PLANNING BOARD EflsE 200.08 feet; (12) 9oUEh JOHN WICKHAM, 13° 38' 40" East 282.01 feet: CHAIRMAN (13) South 13° 58' 20" East iT-9-27 286.0 feet; (14) South ]2° 3T - 40" East 153.04 feet; '15) - 4 r :~f_ILI~T~f"P_]L9a, t_. i {~ie 'Yo '3!~'el ,~Y, ` ~i;ii>> ra.;.~~ ~an;z{s SuLy .LJ~i3 Joltn 1"Jk:v<Ln:;;, C:hnlri7~an t:.air,~ I~.I ol:a P.If~c~l ~'I'$?{C Ii y1j.C I:U.~lol_IJi7. 13.-ues, 7Csq. r'1 l.LYl SCi.eeL Soutl~o:Ldy New ~o.ck li9'7~ Hc: Ye1~1~1c E~~~~~~h lic i7 tv Sul ~ivi:~_'_ou I~;asC n~a_ri_on, ~Ncw orl< Uc,1r P,c.._3~~ur_~r= C hr ~"_lll~.Il ~ u7 Iso~~~ ~I h~i.:, .lii~at ~ Ci'~.~ mnl_~ n( T>c~h]_~~ i ~,;tch i~~,, i_'~..y ~ ~ '~I_;_.:~., ~.~n :,_u n~~i. r~~-ilplp w5.th f:hc~ ~~.>_`esclrCL,v ~ i. ;~~~t ;~~ou.ia r U~_d ~ ,anc~~ oz the Te~an of SouLlLO1d. `]'hc na}~ w; 1. t have: i.o sv- ~ n~-~ t_ ~L~= r<~<itu t eament ~~J" t}ie I? rnic~ ~ ! -d it.~Li -e~ Vr,97: `t' ~51.ll C~`LC I ~i ~~Olt 1"J Cl. ~ lIltr l -i1Sltla l]. SouLh~1_<1 '!'r~wr: ]'J_az~n.inq F3paZ'Cl JtiJ : tlc LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD SOUTHOLD, N. Y. 11971 61B 768-2600 RUDO LPH H. BRUER May 31, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Re: Pebble Beach Realty, Inc. - Subdivision, East Marion, New York Dear Mr. Wickham: At the regular meeting of the Southold Town Planning Board which was held. last night and at which discussions were had regarding our client's subdivision known as "Pebble Beach" no mention was made as to when the public hearing on this sub- division is to be held. At the May 16th Planning Board meeting you stated that a hearing would be held sometime between June 1 and June 20, 1973. Please be advised. that our clients would like the public hearing regarding their subdivision to be held as soon as possible. Please advise me of the date the Planning Board in- tends to have a public hearing regarding this subdivision. Sincerely, i Rudolp H. Bruer i RHB:dbc May 29, 1973 Town Board Highway Committee 16 South :street Greenport, New York 11944 Gentlemen: Attached is a copy of the revised site plan of Pebble Beach Subdivision showing drainage, recharge 'uasins, bluff line and other information as requested by the Planning Board. Please forward your approval or disapproval and comments af; sowl as possible. Very sincerely, John 4ackharn, Chairman Southold Town Planning Board jtle Francisco ~ W. DOUGLAS Mc LEAN, P. E. ~~L7O0 ~l:'.J3J EUGENE HABERMAN N, A.I.A. architects~engineers•planning consultants May 24, 1973 Southold Planning Board Southold, New York 11971 Re: Pebble Beach Realty-sub-division East Marion, N. Y. F&J Job #1129-1 Gentlemen: As per your request, we are submitting herewith twelve (12) prints of the revised site plan, dated May 23, 1973. The plan indicates the new bluff line and the revised names of the land owners. If there are any questions, please do not hesitate to call. Very truly yours, FRANCISCO & JACOBU5 /~10~tM..---- Eugene Habermann/j enc. c. c. Mr. J. DOIIOVari Mr. L. P. Edson 2 WEST dSTH STREET NEW YORK, N. Y. 10036 212 - 6e2 - 0671 ~Qg~FFOLK~OG • Southold Town Planning Board T p ~ S?LJTHOLD, L. I., N. Y. 11971 PLANNING BOARD May 1H, 1973 MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle Justice Martin Suter Justice Louis Demarest Town Board Highway Committee Town Hall 16 South Street Greenport, New York 11944 Re: Pebble Beach Subdivision East Marion, New York Gentlemen: Enclosed is a subdivision plan for Pebble Beach Subdivision. The Board would like to set this up for a preliminary hearing and will require a letter from you in regard to the layout of the roads. This has been submitted to the Superintendent of Highways for his comments also. The Board has tentatively set June 13, 1973 for the hearing. , Sincerely yours, John Wickham, Chairman Southold Town Planning Board /tie Enc. (1) ~ ~ ~ ~ ~ a ~ r ~I t ~ g] ff r _ ~y~~ t,,3~D~.~, ~.~~.~.!6F ~ .~1, ~~`~`.'i..'!. ~r t it i 1 l °n l i g?,:-1. ~.~,i. l~ 1. ~d SCJLJCI~~IL7!_Ll, L~ I., f~J. 17`~'~'i j1 ` . rus;a ci e.!,s ~ ~ J Jenn C;i~":J~:nn, 6;fe~frnzan P'Iay ! ~ Si reJ ~':rcUc Pi ~n!< l:oyic '~efferts P. lidson, I?sq. i~]~;.in toad Rey Peb7~1c Lic!~c-: Gouthold, Ncm York 119°71 tceai~ ; ~ , 1 i_s ~.o~~ Doan Dlr. Edson: 2.n trying to estab ish a c tbac7~ i.nc tl~ its -=opting on agony Lsland Sound n goal snhd, , ~_c-~~, ~'r>hbl~~ `~cach", the L>lanning LSU~z~d. simply dv~:~ uui= n_~vo , , ~-1h f nf;~rmat ~ o.^.. Uc%l.h tl.e Ccun tv P1 . tn.i_n:~ it ~ ~ _ _ L ~ ~ i ~ i~ -pril 2rI, 1973 and Che ~ut~olk o'.uti= :=r~;.1 _cc ...,er~~~-- -iou r~,stri_c`c in titei7_ rcc~'am~n~kttio~ ~ac_n i!te toff the ,Ln[f as a reference noini. 3~ncc i:hr' iz?~: ~ ia;~ I is no! ,hewn on your mz,-p wc. caits,ot c ~ !~I_"~at art iu~ reccmmendod. ins was ?~oirior3 out i.n t??e d~~cuasion ~i~_ u_ _zng t-_ ~-!I]~/ 1_, 197.1, 1t: GIOUICI llOt ~ ~CJ.'S b1C iLi> ~i;_U ~l :7LOUr l ne much a's i..he VC to contoa _ a ~>nr~, { , _-:~1. ~"tee .5 • f U07i OnC 1~_n''a p~2~'i r~i,-T ia'C7 ~J~-U, lC1_ 1,~yh~a:t (and th.~ ncccl for ~tr'~r, tl_ i~~, ~,~to°_`~ani:). , ~'onv , tLy, ~,attc:,c the bLatS ,.s ! oar t'~o ~~Q v „011 ]~:ick from the top of_ the h!uf~ ~n<] zi r:a7 h:~ :~~i~~ ~»ould be ctieatec both for the dcve).olr,-s at,:;0 future tome ~:>~are r s . the.--_, rc~~;ons, l-hc pi_ „~i,r-~,; '~oi!:Q E.._~~.: I+~..I- i_ ioot~la he i,r,ccs:,aLy too nave ~iic: iou Ch^ ,l~,i:!. est~~u~_ished on your Zra>> by a_ 1. ~ r~n~scrl ;,i ve-:~~~ , _ee1 plat a i aver~lc~e 7 inc~ l,~~u1~+ 1 c arcs q.~,-'_~ i>t~ t i t lr~a I d have about t_cn coni i ci ~ u ~ lJe ~~n~ i_d ~ .~u~- ,u i~esc Chat these control ~x~n~. -x, i~1-tcec' l nw ~ irn, n~~rtLy ?~au keel :ao al,at l:~il_n nt. ~n~_: w~ uia, _ cl~cm !~i Yutuz:r-~ stnrl,i.c:; o° the hit T >;;ion. It is th~~ tcelinr~ of- thi:; L'~oai_d i,hat no ot,he~. ~rCS of cho :P1ar_niag Conm_i ~si~»i , ccc nrmci~da~ icv-~ ~.-,y serious hroblc tt s as we rs~ac i l ; ;n~ l: am su ~_c~ rcr. ~~-11 r~ccall Chic ls~zr~!'.~ 1~•i:-e~ az~ce i .~~~IL~ack !~_~.i~,i the toh of the bluff is imnortanl ~ie?~y uic~„_.,, ~ ~r, ;,~,~.Atfrilc~ 7°o~,nl ~~1;uin_ ~ >';ot,t~.I y, ~T. April 26, 1973 Lefferts P. E~daon, Esq. Main Road Southold, New York 11971. Re: Pebble Beach Realty Subdivision East Marian, New York: Dear Mr. Edson: Enclosed is a copy of` the recommendations of the Suffolk County Department of Planning on Pebble Beach Realty Subdivision. The letter and maps were received today; the maps should be reviewed before the next Planning Board meeting May 1st. Sincerely yours, John Wickham, Chairman Southold Town Planning Board JW:tle Enc. aTTi~ 25, X973 Francisco ~ Jacobus 2 west 4gtn st -~•~r `loxk, h .Y . 1 UU36 ..ttn: mug®ne Aabermann '~:..r sir' ,;e have held up answering •our Setter of :~pr11 3 tiFs required ~~arking spaces in multiple residence zones as we hive .:1f> recomr•+endations to t;e To+.a, Board to cYiange the parking ;~1ar. in all districts. tde are requiring 1} sF:aces (525 Sq N't) fox eac3~ iiwing unit in multiple r?silence zones ar wherev+:r mu]t;i^.~_r~ redider_ce units are built. Trusting the stove •.:iil sns+r~er your question. Yours truly / ~ ( ~ ~ i~ ; --r--_~, - ~ ~ / j'ii Ch!+irrn~,A, 1J=~.anninr i3o~.-:d. i .j • • Francisco ~ ~~5~(~(~ W. DOUGLAS McLEAN, P. E. ~~~O4J l';.IJ EUGENE HABERMAN N, A.I. A. architects•engineers~planning consultants April 3, 1973 Mr. John Wickham, Chairman Planning & Zoning Board Town of Southold Town Clerk's Office Southold, New York 11971 Re: 1972 Southold Town Zoning Ordinance Dear Mr. Wickham: In reviewing the Zoning Ordinance for Off street Parking Requirements we cannot find any reference to the number of Off street Parking Spaces per Dwelling Unit in the Multiple Residence District under either the "M" Light or the "M-1" General. Usually zoning ordinances require between one and one and a half spaces per dwelling unit in a multiple dwelling situation. We would appreciate the Board's direction on this matter. Yours truly, F~jRANCISCO & JACOBU5 C. Eugene Habermann/j 2 WEST 45TH STREET NEW YORK, N. Y. 10036 21 2 - 682 - 0671 COMMISSION Seth A. Hubbard `r Chairman ~ Lee E. Koppeltnan ~y Duector of Planning ~p ~ Y~~~ ' Suffolk County Dep~.~tanent of ]Plannang JOHN V.N. KLEIN, County Executive Veterans Memorial Hightuuy Hauppauge, L. L, N. Y. 72~~-2500 April 24, 1973 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Pebble Beach Realty - Subdivision East Marion, New York Dear Mr. Wickham: The staff of the Suffolk County Planning Department has considered the above captioned map, as per your request, and offer the following com- ments for your consideration: A) Cluster Development 1) As you are aware the Planning Commission has favored the utilization of the "Cluster" concept of land development as a means to preserve open space and attain other planning goals. Since this developer is proposing to install both sewers and public water it is felt that most of the usual ob- jections to using this concept can be overcome. 2) Enclosed is a conceptual plan that we laid out. Admittedly, it can be improved upon, however, its intent is to bring out certain advantages that can be gained by utilizing "cluster- ing." a) Buildings will be clustered in groups throughout the site basically utilizing the open areas and preserving as much of the wooded areas as possible. b) Total road lengths will be cut down appreciably saving the developer construction costs and the town future maintenance costs. c) The area along the shore is to be retained as open space in its natural state thereby eliminating the problems re- sulting both from construction along the bluffs and ero- sion along the shore line. Note that only a small portion -2- Pebble Beach Realty 4/24/73 of the beach is used for active recreation in order to preserve the natural attributes of the shore. Ac- cess to the beach area will utilize an existing road- way as a footpath. d) A variety of lot sizes and building types can be pro- vided. B) Conventional Development Pattern 1) Cross streets should be eliminated in order to minimize possible traffic conflicts. 2) It would be preferred that the entrance road (Road "A" at Main Road) make a right angle to the state highway. 3) There are too many long, straight streets which will en- courage speeding. 4) All changes in direction on a road should be made by the use of smooth curve having a minimum center line radius of 250 f<:et. 5) If Road "E" is to be considered as future town collector consideration should be given to increasing width to 60 feet. 6) Cornering of roads using acute angles should be reconsidered (See Road "C", west end for example). 7) Double frontage lots have been created at Road "A" and Road nPn 8) It is noted that the inverts of the sanitary sewer indicate a northerly flow while the profiles indicate a southerly flow. 9) Why isn't the land between Main Road and recharge basin in- cluded in development? 10) Easements for access running through center of block serve no useful purpose in this type development with lot size con- templated. 11) Our major concern with this map is with the shore line. Rec- ords indicate that for the eighty year period, 1885-1965, that the average rate of erosion approximated one foot per year. Setbacks from the top of the bluff, therefore, should be adjusted accordingly. It is suggested that the minimum -3- Pebble Beach Realty 4/24/73 setback be 100 feet and no structures of any nature should be permitted within this area. Grading and clearing should be strictly regulated and controlled to minimize any pos- sible deterioration of the bluffs from these operations. The future lot owners of the shorefront lots should be made fully aware of the risks they will be assuming from erosion of the shore line. Perhaps this should be noted on the maps. Access to the beach should also be restricted to one central location and access down the bluffs from individual lots should be restricted. 12) The staff is cognizant of the position of the town in re- gard to the use of cul-de-sac streets. We have enclosed a conceptual plan how this tract could be laid out utilizing cul-de-sac streets and breaking up the long straight streets as much as possible. Again as with the cluster layout, the layout was quickly sketched and is subject to improvement but the purpose of the layout is to generally illustrate an alternate and is not intended to be used as a design. It has been noted that the developer's latest layout does incorporate some of our previous suggestions but unfortunately some critical problems re- main as has been mentioned above. Staff comments on a preliminary map do not constitute a review. When the map is in the final. stage of preparation, it should be referred to the Suf- folk County Planning Commission for review pursuant to Section 1333 of the Suffolk County Charter. Very truly yours, Lee E. Koppelman Director of/ Plca~n~ning / Charles G. Lind Subdivision Review Section CGL:ec encl. - maps File No. - 1333-SR-73-07 _ _ i i i April 2y .o?? 8ttffolY. County Planning Commission Vet..- rar,:~ }:ighway He_uppauge~ N.Y. t;ttnsChas I:ind ' Dear Sir! Enclosed are the additional two sets of plans for Pebble Reach Subdivisign which you requested. Any comments you can make will be appreciate<~ by th® ?fanning Board. Yours i'rulq 'r,~ , ~ Building Inspector R 1 l I I ' pa. is-. ~ March 30, 1973 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 1].787 Attn: Mr. Charles Lind Re: Pebble Beach Realty - Subdivision East Marion, New Xork Gentlemen: Attached is a preliminary submission on a subdivision for Pebble Beach Realty at East. Marion, New York. This preliminary submission incorporates some of the ideas, discussed informally with Mr. Henry Raynor of ttze Planning Board with your meeting of the 19th. We would appreciate your comments on this preliminary submission Very sincerely, John Wickham, Chairman Southold Town Planning Board JW:tle M , s • APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval oI a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (lf the applicant is not the owner of record of the land ender application, the applicant shall state his interest in said land ender application.) 2. The name of the subdivision is to be.... ~.Q .V~ e ......~-eQ..~;~ . 3. The entire land under application is described in Schedule °A" hereto annexed. (Copy of deed suggested. ) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows Liber ~ .7 . Page ...7 On ~~?~a//..~ ; Liber Page On Liber Page On Liber Page On Liber Page On as devised under the Last Will and '1'estam ent of or as distributee 5. The area of the land is ../CO. ~ acres. 6. All taxes which are liens on the land at the date hereof have been paid axsegt . 7. 1'he land is encumbered by / mortgage (s) as follows: (a) Mnortgage recorded in Liber ~.~A.SY....... Page /m original amount of $..~..~.~.Oo~.. unpaid amount UCi d held by ~.C t/1 4~ Y ~p./a f I S ~ d-rvcleq. T i`'r4 tlc. i :S4.G..... address . S©. of.~Q /U. j ../.V. ~ . (b) Mortgage recorded in Liber Page in original amount of unpaid amount held b y address (c) Mortgage recorded in Liber Page in original amount of $ unpaid amount held by address 8. There are no other encumbrances or liens against the land exeep~t 9. The land lies in the following zoning use districts ~.C':C'.YJ.. D. l S~~c ! ~ C S r.il~ `~.....~~P.rnl.~.~/ l0. No part of the land lies under water (whether tide water, stream, pond water or otherwise, ex- .-oept ll. The applicant shall at his expense install all required public improvements. 12. The land (does) (dee9-erot) lie i/n'a Water District or Water1 ,S,upply District. Name of Dis- trict, if within a District, is .....IY.Y. e~.NRI. ..~?.Q T, /,~1 Q.~P 13. Water mains will be laid by ......QG(.~.1.'l.:~.r and (no) charge will be made for installing said mains. / ~ / f 14. Electric lines and standards will be installed by e4..C~.~'lCj...XS .IQ .Y.l F-.1.9. ~ ~1. h C! • • • • • • • • • • and (no) charJJge will he made for installVving said (l lines. 15. Gas mains will he installed b t `e y ~A n and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway- system, annex Schedule "C" hereto to show same. 18. "There arc no existing buildings or structures on the ]and which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 2,1. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at years. The Performance Bond will be written by a licensed surety cornpany unless otherwise shown on Schedule "F". ~i i~J ~ ~ DATE ,.3,1~:~ 197.~j ~ . Jf /7~.~~..// ~~G ~ ~!/G"C (Name of h//cant) (Signature and Tale) (Address) STATE OF NEW YORK, COUNTY OF ss: On the day of 19......, before me personally came to me known to he the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ...~.GCff t ~ ss: On the r~/~~.....day~4?~L!~.of 19.7. before me personally came ...:J 4 S. ~'?.~l-:..:~...~Gl.il. D. d. Ch.l.'1 to ~~m77e known, who being by me duly sworn did de- pose anyd~~say th//at ....(6.e... res~]i)des at No........1.~.....~m:~...`~e~.T........... ......1.(!.~/.~:~G~YI.`.?:....LY.f .............that is the .~r:PS<~c~Pnj"... of .......[",((2.cry:~~...~-~~~~1.~2cL~f~/.~.:T,/.zS the corporation described in and which executed the foregoing instrument; that ............knows the seal of said //corporation; that t/he seal affixed by order of the board of directors of said corporation. and that .....!L.:~ ...signed...!'. name them by like order. pr.., r~"-r~ ~ AJ . r otary Public li;; APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be....!..d~.G1'tl:~.~......~~~i,~ 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is hetd by the applicant under deeds recorded in Suffolk County Clerk's office as follows Liber ~ s2 7 .7......... Page ...711.. / On II~~~/7 ~ ; Liber Page On Liber Page On Liber Page On Liber Page On as devised under the Last Will and Testament of or as distributee 5. The area of the land is ../t0 ~ acres. 6. All taxes which are liens on the land at the date hereof have been paid ~xcryt 7. The land is encumbered by / mortgage (s) as follows: ~ County C/c rko b~i-,'c ~e (a) Mnortga~ge recorded in Liber Page m original ay-mount 1,~ ~/of~, ,X~.~J,.OQ.Q.. unpaid amount f3 oN~.QQ.b/.J... hAe/ld by ~ h.~4( rrp.YJ ~ 1 $~0 ~-/~L/eq. T `'~9 tK, i Sc-.Q..... address . SO. [.1.~ /.Q.1../ y . (b) Mortgage recorded in Liber Page in original amount of unpaid amount held by address (c) Mortgage recorded in Liber Page in original amount of $ unpaid amount held by address 8. There are no other encumbrances or liens against the land eMeep! . r 9. The land lies in the following zoning use districts {.~en..~".. D. t S7`t 1 ~ C j' 10. No part of the land lies under water !whether tide water, stream, pond water or otherwise, ,wr .c+pt 11. The applicant shall at his expense install all required public improvements. 12. The laud (does) (deea-not) lie i~~n+^a Water District or Water/ 'S'upply District. Name of Dis- trict, if within a District, is .....lk-Y. ~.C.LI.. ~?4.C.~ G{l.Q,te.,r 13. Water mains will be laid by ......Q ieU.E1.:t°. Y and (~l (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ...F..o.~1C~...L.S./Gl.N.1. F~!.,Q.1~~1,~[ Cf ' • • • • • • ~ . • • • • • and (no) charYVge will be made for installing said (1 lines: 15. Gas mains will be installed by /UA.n . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are-not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law, 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". i 22. The applicant estimates that the cost of grading and required public improvements will be as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at years. The Performance Bond will be written by a licens~~jjed surety company unless otherwise shown on Schedule "F"". DATE ~ Y//.!/'~ (Name of licant} (Si ature and Title) (Address) STATE OF NEW YORK, COUNTY OF ss: On the day of 19. before me personally came • • ~ • ~ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. Notary Public STATE OF NEW YORK, COUNTY OF)1 ...S.uf.{4 LK ss: On the ....07~~.....day/.hc4?^.~r!L.of 19.7..3.., before me personally came ....V .Q S. Qf7.4:.. V...LD.(~.XI.O.U.GL.1Cl......... to-m7e known, who being by me duly sworn did de- pose andrys~ay th/at ! 1.~... res~iJdes at No........ /.I.... ~!')."1: ~e e,~ , , , , . , , , , ......./.(`.41. l~ :e.r.n.~:... 1.V.~ ...........that is the ..reS~.c~?nf:.. of .......~.Z.v.~r-.~a,°...~~R.~i. ~alfy.~.r.,~S the corporation described in and which executed the foregoing instrument ;that ~ 1... , ....knows the seal of said LLcorporation; that t/he seal affixe<1 by order of the board of directors of said corporation. and that (C. ~ ...signed... /J . , . name th~ezsip by like order. tltt~(1*vTi F. BR~TFF{ J. t" ~ ~ rt o ary Public 7ca;, ~ 1Si3 _ . , ; • MALCOLM PIRNIE, INC. CONSULTING ENVIRONMENTAL ENGINEERS - - - February 14, 1973 ri'ir. Eugene Habberaian Francisco & Jacobus 2 west 45th Street New York, New York 10036 Dear Mr. Iiabberman; In accordance with our telephone conversation, we are enclosing a copy the .1967 Invaatigat{on of Water Reeouroea which was prepared by us for the Town of Southold. Mr. Howard Terry, Building Inspector, has authorized us to supp~t~ you with a copy of this report and there will be no charge for it. The planning reports made at that time were prepared by Raymond and Mays of white Plains, Nrw York. Very truly yours, MALCOLM PIRNIE, INC. Ernest w, Whitlock Vice President EWW:jbC Encl. / cc: A. Terry V 18 PARK PLACE • P.O. BO% 36 • PARAMUS, N. J. 07652 201-2621515 COLV MBVG. OXIO RL6 PN Y. N.V ryE WPOXT NEW S, VA. 616 ~988A943 518-658-J 886 %03595]2%1 WATEpBVPY.CO NN. ~ WNITE PUINS, N V ~ CABLE ROUpE55: 203]3)9808 9166281000 MPLPIp NEN G. N. Y. -..--.P-•.----""ra'*. _..""R^Y. :s1+. .^a~.~.°. y. ~-:s~nT;~-°vT,k~r.+.z -•afi °x^~b,':".' ~4''Y ~S'~!,~"~".0.n:'~+Rr Feburr~a-y 7, ?973 Hnleolm Pirnie Engin~3era Yieritchester dve Wh~.# -".sinffi~ N.Y. Gentlemen; We have had a recueat #'or copies a4 rhp *ast®r r?nrirt « 3tudq daitu for tre 'iown of Southc>ld~ June ygti7. Our surely of the reparta is exhau4tod. Mr. !~*rgen® Habbe:^-nan of FrPrefsca ~ Jacobus, ~ west '~;'ih streest~ New ~~!x°k9 i~.''. 1('0;;6 is ~ioir~g Qe~me st~br.iviQa.or_ encr si?;:T ~~:~.s~n work x"or a c« ~~-?.s a.t' ~roiect_ ir. the ~owr_ of Southold (F.gst !°isrion an:: C,ree!nport area) and needs some infornstiar_ iron the above report. It f.s 4iec@<=spry }*,at t?A ~~c.t in~'orr_:stion fram peXZr i'iles~ rnA pcur ~-iriTn.b. Tc,t.rn has no oL3®ction to your furnishing him any inYorr~?!tior ycta na~t bane„ any fee for same will be paid by Mr. f'sbarr,arn oY F & J. Please extend. our best wishes to Mr. Ernest Whitlock. Yot!rs tru).y f" Y ~~1a+~i ,r.1 ~G'., . building Inspector. CCs Pars+uus ?~.J.office LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD BOUTHOLD, N. Y. 11971 016 766-2600 RUDO LPH H. BRUER January 19, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Re: Pebble Beach Realty, Inc. Dear Mr. Wickham: Thank you for your letter of January 18, 1973 asking for a disclosure statement as to the ownership of Pebble Beach Realty, Inc. Pebble Beach Realty, Inc. is a New York corporation formed in 1972, all of the stock of which is owned by Equitable Community Home Service Corporation. In turn, Equitable Community Home Service Corporation is a New York corporation all of the stock being owned by Equitable Federal Savings & Loan Association, the main office of which is 356 Fulton Street, Brooklyn, New York. It is interesting to note that federal savings and, loan associations may devote a small percentage of their assets to incorporate the development of land. in order to make available homesites and building plots. Sincerely, -~dolph Bruer RHB:dbc CONSOLIDATED UNION FREE DISTRICT NO. 2 MAIN ROAD, ORIENT, NEW YORK 11957 January ]9, 1.973 Planning Board Town of Southold Southold, New York Attention: Mr. John tJickham Gentlemen: The Board of L'ducation, Consolidated ?lnion Free District P?o. 2, by virtue of r_he enclosed resolution has disectecz me to a±rite to you faith respect to the proposed subdivision of the former Francisco property in Fast Marion. The school district is primarily concerned with the burden that. will ultimately be placed upon the facil.i.ties of r_he district by the rapid addition of a l.argP number of homes in r_he Fast Marion area. ~+)hile t_he persons seeking to subdivide the parcel in question ere taholly taithin their rights in utilizing the nropQrt,r thAy have recently ar_~uirPd in the maximum eco- nomically beneficial fashion, w? urge the Planning 'Board within t..he f.ramet~zork of the Zoninfl Ordinance and the Town Suhrlivision ~?egulations to consider seriously 3mone other factors from the standpoint of ner*~issi_ble unit denai.ty, units per acre, doTellings per acre, and persons par. acre, the e~lucatinnal. ?.nd financial. burden t,,hich r.,i.ll he s+tddenly thrust upon rhi.s small. school di.strir_t by the influx of ? substantial ntunber of children expected t.o be resi.~ient in the proposed subdivision. Very truly yours, BOAFD OF EDUCATIO~~, C.U.F.D.4~ TO1~zRT OF SOiJTHOLD by 17ISTRI%T ^LFRK cc: 1'r. Albert Martocchia Suparvi.sor, Town of Southold Toum Board CON5~LIDATED UNION FREE DISTRICT NO. 2 MAIN ROAD, ORIENT, NEW YORK 11957 1~FsoI1?Tlor ?:1FT~RE4S application pursuant to Building Regulations has been made r.o subdivide the »remi.ses on the r?or_th side of the D"aim T?oad in Fast Marion, known as the Fr?.nci.sco property, and ?.1uFRFAS this Board of Education is concerned with the burden ~+hi.ch will be placed on the available educational far_ilitiPS of the Oyster»onds District, presently hei.ng 1.32 pupils in kindergarten through sixth grade, and. 100 pupils in grades seven throt.igh twelve educated in Union Free Di.str.ict rio. 2, by the addition of 260 hons?s in a new subdivision with approximar_ely ],5 children per house, i..~., estimated 4OO chi_Ldren more or less, NGr.? THEREFnnF RF TT RFSOI.VEn: That the Board of Education, Consolidated Union Free District No. 2, Tot~~n of Southold, ranueets that the Planning Board i.n determining fhe permissible rnzmbe~ of lots or dwelling tzni.ts to be erected on the pr. emises in c-zzestipn and pursuant to the ?oning Ordinance and the Subdivision Regulations of the Tozm of Southold consider among other factors the Pducat.i.on?1 and financial brarden which will he nl-aced upon the exi.sti:ng and pro»osed educational facilities of the Oysternonds School District by tha addition of ~ahat.ever number of houses eai11 be erected i.n the proposed new subdivision, and BE IT Ft?'?TNER 1?>:'SOI.VEr That this Board of Education reruests the Planning Board of the Tot•~n of Southold, the Town Board, and other Too.*n and County bodies concerned, to Limit the density of dwelling units per acre of proposed subdivisions to the lowest number permissible zxnder the orovisi.ons o£ the Toz~m Law, Public Housing Law, and ?oning Ordinance o£ the Town of Southold a:nd Svhdivi.sion Regul-ations of the Town of Southold.. January 18, 1973 Febble eeaah Realty, Ina. ~ a/o Lellerts P. Belson, Eaq. !lain Street ~ Southold, Nev York 11971 (ientiesws a One o! the conditions set doves by the Southold Town Board is that savage treateent plants .must be working when one third of the units are oaoapied. Also, the Sn!loik County Departs~eat o! Environmental Control has issued a ruling that as o! January 1, 1972, nitrate resbvai in all sever piaats is required. As o! today, nitrate removal plants are not perleoted. iPs are bringing thi• to your attentioa because the citrate levels in the Town o! Southold have becono extremely atftiaal and peso an immediate threat to public health and salety. !or this reason, the Planning Soard can be axpsctsd to insist on rigid oos8siianoe to this requirement. Very sincerely, John Niakham, Chairman Southold Town Blanninq Hoard JNstla ass Supervisor Albert M. ldartoaahia Robert Tasker, Bsq. I i _ I .in s 9~9 nopaoit 7pr saat lMeiaa, Yrr u939 danwar~r 1973 ubrrt x. eyo~r#ooer ~a at tfiold ism 10?11 « Mtia Goad am urn Haar 11a~oaa~si~u Rha y:epoaaR :saonitns of la~aat iaar 1/3 sar. ems plots sn mt tltrion d~anld w dnaiad. CoararLpt oar vatar aa~ppi~r aad prass~ri~ ara TernrLip foot mat it bae i~d aed ra~nrsasisaat, a:.a, mamx?t ba awa~+~o~hasisad. it sa ationt ties a~ paflic otrisials took a .ooa t~rord look at ttr t+~mr. of omr torso. Yom vsaia? ant wr~rrataaeiag ss raoo~ossiad tlsa rltiaat~ ~pealt rill ea ~ ap~rrsaistad. r t~,i? r,. ~ ~ ~ , ~ s. rr. m3ah / i Cc ~ T•o~alc Booed Tara at 9a~ieol~d F G p___. ~a,~FFni,~-~`~ _ . ~ Sout~iold down Manning Board ~ SDUTHOLD, L. I., N. Y. 11971 O ~ PLANNING ttOARU M>=MeeRS January 8, 1973 John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle Mrs. Ellen DeMaria, Pres. 'i Parent's Guild Oysterponds Elementary School Orient, New York 11957 j Dear Mrs. DeMaria: ~ This will acknowledge 'your letter of December 15th I and Resolution, and in addition a copy of a letter to the Supervisor written by your husband. The Planning Board of this Town is also deeply concerned with the unprecedented rate of growth of the Town. We feel that this growth is presenting us with some very serious problems and the answers are no where near as simple as would first appear. To be more explicit, it is our understanding from legal counsel that in this State a moratorium may not be placed on zoning, building or development and that efforts to do this have not been upheld in Court. Secondly there appears to be some rather. loose thinking about cluster zoning. Cluster is a mews of preserving open spaces but it does not and cannot reduce the popluation density and so would in no wise lighten the population load on the Orient school or any community service, Ids a matter of fact, this is the only Town that I know of where clustering does not result in a higher density. In view of'~the above, it is my personal opinion that the only workable solution open to Southold Town is to enact zoning amendments further reducing the population i density both for single family residences and multiple residence uses. There is one other tool which might well r Mrs. Ellen DeMaria - 2 - January 8, 1973 be used in this Town is the provision under the County ' Charter whereby communities may require this development be in accord with historic patterns; perhaps particularly of architecture. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW:tlc PARENT'S GUILD OYSTERPONDS ELEMENTARY SCHOOL Orient, N. Y. 11957 15th Plgcember, 1972 Mr. John Wickham, Chairman Southold Town Planning Board Cutchogue, N.Y. Dear Mr. Wickham, The Parent's Guild of the Oysterponds School held a meeting on the 14th of December which was open to the taxpayers of the school district as well as the members of the Guild. 74 persons attended. The purpose of the meeting was to discuss the enclosed Resolution. The general meeting voted to approve it, and in a separate vote the members of the Parent's Guild approved it unanimousl7. The Parent's Guild would be pleased to assist the Planning Board in any wad possible. Sincerely, ~c.~.i I~oLI'r.~.' 4 Ellen DeMaria, Pres. ~ i RESOLUTION The Parents Guild of Oysterponds School, Consolidated Union Free District n?o. 2, comprising the vill&.ges of Orient and East Marion, has reviewed the application made by Pebble Beach Realty to develop the 175 acres in East Marion known as the Francisco property, and makes the following resolution: ?~:1HFRFAS the addition of an estimated 500 school children to a school district which now enrolls 232 (lower and upper grades) will require triple the cur- rant school facilities, will place an undue burden on the taxpayers, will endanger the excellence of Oysterponds School, and will disturb the har- monious relations which now exist between the school and the community; ti!HEREAS the approval of this proposal will set a precedent in this district which contains several other large parcels already owned by development corporations; GTHEREAS the water resources in this district are not at present sufficient to allow for large scale development; WHEREAS the parents of East Marion and Orient wish to retain the way of life inherent in rural communities rather than proceeding to suburban development; BE IT R?JSOLV~%:D that the Parents Guild strongly opposes the application of Pebble-Beach Realty to the Town of Southold for proposed sub-division and development. BE 1T `i'URTHFR R'?.SOLVED that the Parents Guild recommends the following course in dealing with this application: 1. That the Town of Southold declare a moratorium on all applications for developments and major sub-divisions for the period of one year; 2. That during that time the Town of Southold develop a zoning policy for this district which will include: a. Strict one-acre zoning, regardless of the sewera,e facilities, except where the area is to be cluster-zoned; b. Cluster-zoning in all developments and sub-divisions where the parcel of land exceeds 20 acres, iJnder such a zoning ordinance 259 of the land would be available for development and 75~ would be held for ^open space." For instance, on a 20 acre parcel 5 acres would be used to construct houses (20 houses on acre lots) and 15 acres would be permanently deeded as open space, The land may either be turned over to the Town or be deeded to the development as a property owners association, with the taxes divided among the property owners of that development. c. In any development of 150 or more homes the developer must include in .his plans the construction of a schoolhouse as well as tertiary sewae facilities, lleceaaber 15. 1972 Mr. Albert lSartaactaia• ?oMn 9upwrvisor Ssutheld ?own Southald• Pf.t'. Dear Mr. Martoochia. I sar Mritit~ to you u a private iardividual• trot u are Mho• in the put tees yars• hu helped orDanise aomMxnitY satiat xtraer leoai ps~opis have felt that their senri~t+snareert and +ary of life have been thrwatoaed. Y u Mritias sainlq to uke a tww su~estioas and to ask ~ywu,rr advice Donee certain reownt appiioatiaas (or Lrpsedita6 appiicatians) for garb-d visions, prier to takitrD arry thrtlswr action at a tasaades level. ?~nnn Lahta~r 1 sh this letter xlth the rest Ot the ?hs speciiia dwvwloparants ar sub-divisisns In queetien are, of oourae• The Pebble Duch Rwaity Pro3eeC in East Marion. and the two scalier pro,}ects st OrieAt Point, are of which goer under the nsMw at Lands tnd• snd tries ottwr wt which, Y thick, is in the eras of Cray and Assoolatws. As you kaaM, it all threepro,~aota• u they stand, taeoaae a s+solity• this snali cawunitY will have added to it in the near tutors over three-hundred new hoMwe. Dy srow you know hart the Parente Qriid st the gstsrponds School hss posed a reaeaiutian strongly spporins the Pwbblo Duch pra,'eet. Though meaaoern is aoM DrsMir~ about the orient Point pro,~scts• ne tarsal voice has u Ywt beu Diver to the prwtut. I think it is fair to e+?Y that all thus pro,}se~ts tall itrto the sssw oate®ery• theuah oert:iniy one is ush larffiwr than the ether tw put together. I hsvo airudy talked xith a Mawr et psapls about hex beat to reprwswnt tries tweliayss at the lanai ruidwnts in this setter. It saws eaex that alust ewrtainiy twa oossittwws Mail be torswd in the vwry nwar llrture (aisost isswdiately• itt taot)r one called 'THE C~Jl41IT?EE 'TO SAVT 01tiDT1T Ptaltt?~ the other aallsd A!i A~SiiGB[iCY t~M4ITtEE FOR T.ONIlKi REF~tal. 'iris lain activities at theses ousittews will be to ruwarah the probles • hold op~r sestiaaDs • peas resolutions • and • if nsoossary spencer pwtitisns. ?heir vitiratw aptio~n is to beceu a base for lsaa2 act on• sheuid that bs necwssary. Ny hopes is that theses osssittesa xiii bs ueetlil tea tries ?own, espsolally in sounding out local attitudws• acrd that t2roara will not be a contliat bstMUn thuw cossittus and trio ?asset. There hu hewn s~eh talk 2. recently about tt~ possibility of incorporating the Village of Uyrient in order to protect it from over-development. xy personal feeling is that we should tae able to rely on the Tam government to provide us with the kind of protection m need. In reading over the new Southold Town honing E)rdinasre:e (which is a little lass interesting than T was particularly strsek by Article XIV, section~A~. Covering the obgectivee of the Planning Board. Tt~r opening paragraph sayee"In considering and acting apart Site risvelopaent Plans the Planning Board shall take into consideration the public trsalth, safety and welfare, the Coarfort and Convenience of the public iri general acrd of the residents of Cher i~sediate neighborhood in particular..." Obviously. it is a matter of lav, as it should be, that the people Closest to a development, and therefore mc?st affected by it, be given prime consideration. Let me offer a few suggestions that might lead to a solution to what shapes up now as a difficult prob em and possibly an ugly confrontation. First of all, I weld like to ace Article 3CIV, section l4Q0 A ao interpreted in the three cases in question as to provide grounds for not approving arty of the applications or impe~xfing applications. I Can ~ravide you with a long list of negative effects that these projects will have on our community from a strain on our water resources i to a Catastrophic strain on our school system. Can as~rocre name at least g~ positive effect? I won't go into detail at this point, since it is really the trusitress of a comrnuiity effort to describe to you all the "dise+cm~tort" and "inconvenience" that might tae Caused toy this additional housing. Secarrdly, I feel that if ttre pro3ects aL Orient t?oint Can not be legally turned down by the Town Board oral Planning Board. then the Town aught to Consider sight away the possibility of purchasing those Parcels (perhaps with the aid of revennre sharing money}. If the Town Can not manage the purchase, it then ought to invite tlae County to purchase the land acrd to submit a proposal for purchase with Careful Conditions described. tde have already had indicatives from the County Planning Coeimission that ths~ wawld welcome such an ldea and that they reould tae willing to stipulate that the Sand would be used in a very limited reap. An eawsple given was that it would tae restricted to a public fishing pier with a partcing lot for ataout 25 cars and that there would be arts camping, rw swimming, and no food concessions. _ _ 3. Last year. when Orientate turned out in large rbete to oppose the cre.atlon of a County Park at the Paint it was largely because na specific prapoaal was put before the people and because the people were rat united to express their feelings. in spite of Article XiV. They had visions of beer-sane, hat-deg stands Cae?ping gxr•unda, and a four-larus highway. The whole proposal was vary badly handled an the part of both the County and the Town. 411th a little diploaacy and information, things eight have goy quite differently. It was, further~aote, g~ns~ally understood here that the 2a?xt at the poir?t Could e~ot be sub divided and de~relopad because thesre was inadequate water there. That gave us soma aasuranae that the Point would be preserved as it is. Now, all of a sudden, we hear that the water for the Land's F,nd pro jest has been approved by the: County Board of Health. Obviauaiy, theme la something going on that we do ' tit understand. In any Case. the situation has Changed now, and there are many people in this areas who feel that a limited park facility is infinitely better at the Point than SATURAT2Oir }i0 US1NG. My third auggestian is. if the Pebble Beach project Can net be legally turned dawn (though my hope la that it Can b•s}, then the Planning Hoard Certainly ought to eacploxtia with tike developers the passibility of a Giuster-zone approach with a much smaller number of unite imrolved, and at leatat 75~ of the land held as "open space," either to be taken by the town, tt~ County, the park district, or a private aasaciation of property owners in the development. I understand that Section 284 of the New York State Town Charter Law makes itposaible right now to tisCUea and arrange Clustered developments. and that autth clustering hoe already taken pleas further west. however. I do net feel that this !a an adequate apprnaCh to Cluster-zoning. ' If ttie Pebble Beach projeat• or any other sub-division, is to bee handled through the Cluster-zoning Concept. Y thitdc it is incumbent upon the Town Hoard to amend its 7.aning Ordinance in such a way that it makes absolutely Clear what the restrietiana and requirements would be before approval Can be given to to a site develapmeant plan that comes under this heading. Various approaches have been diaCUaaeetl. Onus of there would require a minimum of 100 scree before cluster-zoning Could apply, and would provide for ea much as 80°4 "open Tainl." My own suggestion is that aCluster-coning provision be specific and yet flexible. I Can outlino it briefly ae follows. e~nt, as you keeow, asvs outlined in Article ?NI, section I6~C?. At tkais point I would esncaurage alI individuals and organizations who are struggling, to protect their eaxnity to make tlaemaelves fully aware of what the procedures far amendaaent are. At the recent mceeting of th+s Parents Guild of tkz® Oyaterponds School, s meeraber of the Planning k ttara~w up his harms and said he did not see how the Pebble He~ach project could be stopped legally, if it cant all tkie requirements of the ?.oning C?rdinance. After reading thst Ordinatx;e very carefully, I euen not agree. In fact, even under the current Ordinance, even with its vague tenainology, it sasses to be seaekz a pxraject would have to be turned down. I know: you sae just as ooncernefl as the rest of us about what is happening to our ernrirnnweat and way of life. I lope that before any final action is taken on any of the three projects involved tkaat you wi11 ask for the opinions cef "the residents at tk~ icamediate nelghbarhood." I wild interpa~eet that to rsean all the residents of ~.sst Marlon and Orient. Ft.irthexms+ore, I hope you will bas willing to sit down w#.th wehattever j Coaaaaitteea arse farmed in the baps that a good solution can be faeuuid to the problems that face us. fine of the reca~amendationa of the Parente Guild was that a moratorium an all developments and sub-divsiana be declared, peatuling zoning j •uae~ndments. I whole-heeartexily support this view and. think it can legally tae done. 5'us~ely, the Town wants times to think about this eituatian. I hope. ttxerefore, that they Towm Hoard wl11 Consider such a moratorium, even if it is for only six months instead of a year. There is toe Bauch at stake to plunge into a hasty decision. ckne metre observation befarar I put an end to this length4y letter. I do tmt think that the profits of rest estate developers should be put before the welfsxe of the community. IVOr do I trelieve that a land epeCUlatar has agod-given right to make a profit. If he wants to P,amble in real estate, he should be prepared to take a leas once in a while. I txspe this letter will be knelgful to you, and I loge that wre can expect help from you and other Town officials. Since I believe in open discussion as w~eil as open land, I am considering this an open letter to the Tawr?`Sugesrviaor and I am forraarding a copy to The Suffolk Tia~ea, ahauld they aee2 inclined to use it in their le~ttera to the editor section. Pdaturally, all the opinions expressed hers are strictly my own. Sincerely yours, Robert Desrtaria Orient, h~ 12957 Gapicas• The Suffolk Tiracs, t~•~°. ii~xr•„s«~ ,~;xn. i3 iy;~.l y:1C y~ N:J a' °t 2. The guiding principle should be that "apart land" is vital to "Public: health. safety. tzarfort. and canva~nierrtce~" (serES article Xiv). too ordinary sub-division on at;v partsel of laced ought to be approved if it robs a eotsity of sufficient open land or in acay other way tends to crake asst coseett:aity lase attractiver lees comfortable. conveniertt~. and sate. Applications far tsorusi sub-divisions which are turned down slay then be re-submitted urger the Glueter-moving pzevlsion of the Zoning Ordinance. 2. Sittaos all laud is not alike a uniform formula can not be used. The Town Planning Board shwul$ have a flexible Formula that viii allow it to tleterwixur what perce~ttage of the laawi gran be built on and what percrerttage must be held open. X sttggeaBt a range of 50',4 to 90~ far open land. de~pendirrg on the ciretatstancee. 3. Sines all hates detveloprasats are runt alS.ke. once again we need a flexible lay. wrnild suggest that the Planning Board be allayed to ds2ersnirss rrtsethar er tact a parcel can sustain one sore. two sore. three acre. four acre. or eaten five acre egt:ivalente far clusters pi. In other words. should an application tar sub-division be submitted under the Cluster-mtrnitrg rsgttlation, irnrolving a parcel of !00 acres, the Planning Board mipitt decide that two-acre equlvale~tcy was appropriate, which would ocean that the land could sustain 50 houses at the most, It might then decide that 75'~ of the land ought to be span. This msettss putting, up SO hcntses on 25 acres, ar roughly ~ sore per house, lsavitag 75 atrres open. In order to make legally clear the basis for attctt an ordinance, it will bs necessary to expand and clarif~+ Article XIV, aabetion 1400 A of the current Zoning Ordinances. Tex~ta such as g ant! SS~nY~.~rFii~i. iia~ ors too vague. They must be morepeol.ficaliy defined. 'They must take into account s+ectent eonaerne over ettvirnnmental matters. aver eeaolagieai Aattersr and aver a growing awarecteee that i. the quality of life in euburbart and other highly denreioped areas is bating reduced. apace and beauty and the absence of vales are not luaaaries. They arts netceasities. Zt is cioarly the latent of the current law to protect the oitistens of this Tarn. iiawever. good intentions ass not enough. What we rased is a stranger, clearer legal document that will held up In the courts when it is challenged by people like the Pebble Beeaeh Realty Corporation. There are further rkwsinns that can be made In the current Zoning Ordinanc®• and ahtruid tics 6MEitC#EKCY COA6~iZTTEE FrJR ZONIiV(3 REFK3Ri~! Come into existence, 1 trope it wi11 pleas before the Town Board same very specific reoeMatians. 8y and larger. Y thiNc the nen+ Zoning Ozdinatsoe represernte a lot of srtazk and is a fine job. but that does not mean it can not bar amended and improved. Provisions f©r its k_;,__ _ _ ;j i ' G o ~ , ~ j~l~~~c , ~vrw<, 3 _ ~ _ - ~.9Ai '~I~Ch ~ V~~a,P-_ ~ a J - ~r~ P~°v~= I G,~iDC T ~ ~~Q,~-.. ~ ~ _ , 6 E n~ V~ v l U,it~ , 4-i ~ ~ 4 - ~ ~ f O r.iAT.r i^/ J ~r i. f. ~I U' . , ` j T N~~~vu ~ ~ ~ f ~ s?f, J _ 1_..._..__.._ ~ ,Sol L ~ NS • s ~Rtn ct~' r ~ .~J:_ G?ob,~ t,~G,,.. S~GCEiTCO~ iWv / c ~s75... III ~x c~ c . rr .r rn „ ~ ~ "a x % +;ti "fix s 1,; ~ P; ~ t""'' ti°, s e~ s~_c sty t ~ = i ~ ~ ~ ~ i t ~ ~ ti J ~1~ ' ~ L~ ~ 1 '4 a i 4 ~ ti j ~ i 7~ ~ ~ T ~ ' ~ n ~ ~ U T •S, ~ Zl _.~h--_ p 1 ~ ~ ~T-~+r' . s _ T ~ 1` ~ ~ ~ .f ~ c c ff~ $ ~ t n ~ ~ ?1 ~ ~ ~ i 5 1 ,t t ~ 4 " Sry , r,~ ~ ~`y _t' ~a 'A•w~ t~l ~r T yl f~ l C~ -1 ~ t C :IS' ~ G r.~ ~ I 'D. _ ~ 46 3 ~ ~ ~ f b Y 1 j 9 ~ k -r+ m 'b - S` _ PEBBLE BEACH REALTY, INC. subdivision at East Marion, the owners of the subject property and its engineers and planning firm, Francisco and Jacobus, present herewith the following items for the Town's review: 1. Site Plan at a scale of 1" 100' showing lots, roads, greenbelt easements, wooded areas and contours. 2. Profile showing contours near the bluff line and contours at the proposed E-W road. 3. Building Zone Map at a scale of 1" 300' show- ing proposed tie-in of E-W property road to adjacent road system. The purpose of presenting this information is to substan- tiate the cul-de-sac concept along the bluff line as being very desirable. The following points are notable in con- sidering this concept= 1. An E-W road along the bluff line such as Aquaview Avenue is too close to the bluff for a main shore road. 2. The enclosed profiles showing contours illustrate that the terrain is too irregular near the bluffs for a road on this property. 3. The proposed E-W road shown on this Building Zone Map indicates a reasonable tie-in to Sound Drive on the West and to Stratmors Road on the East with an alternate tie-in to Southern Boulevard. Aquaview Avenue is much too close to the Sound for a main E-W road. V 4. The Site Plan shows a heavily Wooded area along the Sound Which the proposed E-W road practically avoids, thus preserving the Woods. 5. The Site Plan shows greenbelt easements at the backs of lots on the cul-de-sac roads which fully utilize the Wooded areas giving more lot owners access to the bluffs. Without cul-de-sacs this concept Would be impossible. 6. We have enlarged the cul-de-sac from 100' to 120' diameter incorporating an island to facilitate ease of maintenance and snout removal. 7. Today cul-de-sacs are considered advantages to land planning since they eliminate thru traffic such as Would be generated by "U" streets. 8. Cul-de-sacs provide safe pedestrian areas and have become more desirable for home sites as documented by Real Estate Boards throughout the country. We respectfully ask the Town's consideration for the use of the cul-de-sac concept along the Sound as a viable concept in land planning Which makes for better use of shore front properties and which Works Well Within the Town's Master Plan. Francisco & Jacobus November 17, 1972 !'Si ~ /~3 9 ~ ~ / ~ h • L' l~H ry J rv r T ~ F/ r i ~f>'1~ ~ 'r' ~ v ~l y131 <C Tamar ~°r~~00 ~~AU~~f., ~ ~ c ~ /{.fro ~f J ~ ~r h ~ l~ t ~/J UC 1UCn ~ ~ y ~+k+//.Lo- A p v !sue ~ fj ~ ~3.r r rtGca ~~~>.1 J ~~a~,~ ~~N~ p.~~tia s, + + Pebble Beach Realty, Inc. - East Marion, L. I. F&J Job #1129-1 Site Planning Questions & Comments 1. Is general road layout acceptable? 2, 50 R. O. W, used throughout. ' 3. Is 120' diameter turn-around with island O. K. ? 4. Future access to adjacent property near sound - ~ ~ ~aoo 5. Is location of Sewage Plant and leaching pits O. K. ? . b.- Any comment on easements? 7. Is lot shape at turn-around acceptable? loQ' ~,f,or(z A7 r.3~P` ~-f 8. Recreation sites, N~~a '~~~=~~-`h w_ , ~ ~ i~ _ ~ ~~l ~ ~ ~ _ ~ ~ ~ ~ ~ - ~ ~ ~ . ~ ~ ~ ~ ~ cog I . Gam- ~ 1 i , •Snndard n. Y. a.7. U. Form r°r° • ?-'t-SM-!again and Sak Deed, wi[he: NCev°ear apimr Granr~• i M ra-Individ°d « C°rpmarioa. • + - cowsu~r roue uwme aMOw• i1010ra TIN a+snnwnwr-nss WaTa4wHNf fN0{ILY aa~io iF i.alftrir9B THIS IIr<DENIZIRF~ made the 3]•st day of October ,nineteen hundred and seventy-two BETWEEN ARTHUR L, R, FRANCISCO and HELEN T, FRANCISCO, his wife, M-2647 both-residlag at-1495 Calves Nsrelr M;id, Southold, New York 11971, CTIC YZIISxX 72-S-0472 - ~ a~ ~ party of the first part, and PE~ai.B aEACH fl$AIaTY, INC . , a corporation organised .and existing under and by virtue of the laws of the State of New York, x bavi:tg its principal otrttc~ lied place of business at 301 Clay Pitta u` M ~ciad, "Last Northport, New York 1173'1, oc , 4 party of the second part, t WC1NFSaETH, that the party of the. frst part, fa consideration of - - - - - - - - - - - - -ONE HUNDRED AND 00/100 ($100.00) - - - - - - - - - - - -dollars; lawful money of the United States, and otheY good and valuable consideration psis \ ~ by the party of the second putt, does hereby grant and release unto the party of the second part, the heirs or J successors and assigns of the party of the second part forever, s ALL that certain plot, plea or pattel of land, imp~utlaxammcdtaowmmtvnt, situate, g ~ lying and beitiga~ at East Marion, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the northerly side of Main (State) Road adjoining the southeast corner of land of Rutkowski Estate; running thence northerly along the several lands of Rutkowski Estate, Village of Greenport, F,F, King the following courses and distances: (1) North 16° 25' 30" West 272.05 feet (2) North 16° 40' 30" West 447.07 feet (3) North 16° 23' 20°' Weat 127,47 feet (4) North 15° 28' West 102,95 feet @S) North 15° 29' 30" Weat 310.56 feet (6) North 16° 16' West 260.73 feet (7) North 16° 29 ' 20" West 295.93 feet (8) North 16° 31' 3D" West 266•,33 feet (9) North 16 ° 29'' 10" West 167-. 12 feet (IO) South 69° 47' 10" West 542.88 feet (11) North 21°~46' 00" Weat 692,45 feet (12) South 66° 28' 10" Weat 604,90 feet (13) North 23° 22'' 40" West 1365,0 feet to the Long Island Sotmi3; thence northeasterly along the highaater mark of the Long Island Sound the following courses and distances: (1) North. 38° 10' 40" East 406.4 feet (2) North 52° 02' 40" East 317.06 feet (3) North 59° 36' 00" East 434..78 feet (4) North 38 ° 09'` 30" East 623.•16 feet (5) North 32° 44'' 10" East 499,30 feet (6) North 2~° 50' 20" East 697.59 feet to land of Birten; thence southerly along said land the following courses and distances: i (1) South 15° 18' 10" East 300.0 feet (2) South 13° 54' 10" East 816.76 feet (3) South 13° 3T' 30" East 436.67 feet _ _ _ _~BfiR ; t ~ AACE 4~ 0 (4} South 13° 26' 40" East 557.97 feet (_`i)South :L2° 41' 40" East 314.36 feet (Ei} S~~uth 13 ° 40' 10" East 446; 72 feet (7} South 11° 47' East 126.63 feet (8} South 13° 00` 20" East 132.76 feet (9) South 13° O1' S0" East 505.25 feet (10) South 13° 56' 20" East 200,0 feet (11) South 15° 39' 30" East 204.09 feet (12) South 13° 36'' 40" East 262,01 feet (13) f;outt? 13° 56" 20" East 285.0 feet (14) South 12° 37' 40" East 153.04 feet (15) :south 15° 10' East 213.04 .feet (16) ;south 16° 14' East 90.07 feet (17) South 16° 35' 20" East 239,.60 feet (18) ;south 72° 25' 10" [hest 144.42 feet (19) ;;huth 19° 47' 10" Eaet 370.39 feet to the northerly side of Main F~oad; thence faeaterly along the northerly aide of Main Road the foll~xaing courses and distances: (1). Sout11 56 ° 13' '40" West 255.A feet (2) South 58° 06" 10" West 339,A feet (3) on a curve bearing to the right having a radius of 812 feet a distance of 120.81~i feet to .the iaontheast corner of land of Rutkowski $state the point `or place of beginning, d 1 } 9C t . , ~ ` USER 1279 ~ ~ , TOGETH11t with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, i TOGET!'IER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, i i TO HAVE AND TO HOLD the premises herein granted unto the party .of the second part, the heirs or j ~ successors and assigns of the party of the second part forever. Sub j eCt to 8 purchase money (1 first mortgage in the atnotmt of $825,000.00 executed, acknowledged !and delivered simultaneously with this Deed. ;1 i i t ~ ~ i . I ~1 4^+lk6xa'f r~ ~ . k !~S'A1 T y~yjy 3 d ~yi4jG1 f~ ~'~`3.~'~ ' .1ti ' ~ ~ovte~rr 31 fit, ~ ~ t ~ y T, :,t, AND the party of the first part, in compliance with Section' 13 of the Lien Law, covenants that the party of i the first part will receive tha consideration for this conveyance and will hold the right to receive such consid- I eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WI'T'NESS WHEREOF, the party of the first part has duly executed this deed the day and year first I above wvitten. IN PRESENCE OP: ~ i i j vo,,-,~%y~ (Arrthur L. R1. Francisco) it '/°(I / + _ ~i ~ ~o l , Q=4 Y l ~ $ ~ (L . S . ) ~ ~ He en T. rancisco) i ~ , ill I'i y I~ i. _ _ _ _ ~~R . r~~>E 92 svs'n or roRK, ~ouwrr or ;~-l.~ ..r sTwre or NEw rr c, eotwm or .a Ch; the3 j ~~day of 197 Z, before me On the day of 19 ,before me personally came 19'f2-rI~~YL L,12, ~jQ/}NGI.PCJ Personally came ,~°'i0 f-JEtEr/ "Y fro-~cls<a~P...a.,.~,.~ tc. me known to he the individual 5 described in and who to me known to be the individual described in and who exefuted the foregoing instrument, and acknowledged that executed the foregoing .instrument, and acknowledged that executed the same. executed the same. i . n~ ~ RENSSELAER G. TERRY, JR. Notary Public, Stale of New York Residing In Suffolk County ' ~ IJo. 52-395!850 _ MY Gommiuion Eapira March 30, 1973 STATE Or NEW YORK, COUNTY Oi w STATt M NEW YORK, COUNTY Or us On the day of 19 ,before me On the day of 19 ,before me personally lame personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at o. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he ]mows ,the corporation described in and which executed the foregoing instrument; that be - th be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of diredora of said corpora- execute the same; and that he, said witness, lion, and that he signed b name thereto by like order, at the same time subscribed h name as witness thereto. ` M "~°`f7 ~!uu~.c.Qattt anD ia[c ~ecD S~T1O" WITHOUT WVENANT AGAINST GRANTOR'S ACTS 14t.oCTt Home Title Division 'I1TLE No. '7Z-$'- O ~'f Z,O t.or p?lca8o~le Insurance Compar>!II i COUNTY OR TOWN 6 V p\~ ARTHUR L,R, FRANCISCO and HELEN T. FRANCISCaD, his wife /DUq- TO ~EBBLE BEACH REALTY, INC . EacerJed s. wq~ d TLe n,r Ga.r.asee comp,T ' EETVEN EY IfAII. TY): a ~ fTAMaAM IiO~M p MIW YOURR gARY M nru IINDtIIWRlreaa owrs.w h ~ ~ ~ iD S o ,F..rf~ ~ THE TITLE GUARANTEE COMPANY iy.la iw+ ~o +9 ~ Y _ Zip No. to ~T~io ~d ~ ~i //y7i y ! { i y - ti ~ -lJ 2 o Y N ~ ~ ~ Z ~ u, W ~ ~ r~G ~ _ K cJ Ci? T. j o c ~ t\ w J ~ ~ ~ n~ - - DECLARATION This declaration is made by Pebble Beaci. as developer of a.subdivision known as Pebble Beac ta::,>s w # L ~ _ located on the North side of Route 25 at East Marion, Tc~~r, of dry Southold, County of Suffolk and State of New York as -c:•~ -~~1; described in deed dated October 31, 1972 made by Art`.rar f.. 'a. Francisco and Helen T, Francisco to Pebble Beach Realty, i-c recorded in the Suffolk County Clerk's Office on November 1972 in Liber 7279 at page 489, a metes and bounds descri.p*i.o:~ of which is shown on Schedule A as attached hereto. Pebble Beach Realty, Inc., as owner and developer of the subdivision, by this instrument creates negative easements on portions o the land as hereinafter described, the provisions of which wi1J. be incorporated by reference in every deed made by the development owner to an individual lot owner, who will therei,=; have notice of the provisions of this instrument and will become subject thereto. , This map contains 143 lots and common areas designated as A, B, C, D, E, F, and G, and highway systems as shown thereon. A lot is that parcel of land designated by a lot number. It is to be used for one family residential purposes, - conforming with the zoning requirements of the Town of Southold. Common areas A, B, C, and D as designated on the map, F may only be used for agriculture, recreation, storm drainage purposes, or such other uses as may be approved by the Southold Town Board. Common area D shall be subject to a non-exclusive easement in favor of the Greenport Village Municipal water Authority for the underground installation and maintenance of a well field with a pump house thereon, the construction and maintenance of which shall be in accordance with the applicable rules and regulations therefor. 3~` n p _ I Open area E as shown on the said map is provided for 'i .Y recreational beach and bathing use for the lot owners. =r r Open area F is to provide the lot owners with a ~k convenient automobile parking area primarily for the benefit E«?' of those using the bathing beach designated as open space E. ' The automobiles of persons using the beach area shall be parked in this parking area in order to avoid street congestion. No buildings not shown on said map may be constructed on any of the open spaces without the consent of the Town of Southold. The use of the said open spaces shall be subject to reasonable rules and regulations imposed by the developer. All trees located within the open areas shall remain, r; unless their removal is approved by the Southold Town Board. The intent of this instrument is to state the negative easements imposed upon each of the common areas above described. No title in and to the bed of the roads in the highway system, or to the land designated as common areas A through G, inclusive, is to be conveyed to the lot purchasers. The ' grantor retains the said title to the land in the bed of the roads of the highway system and the right to dedicate and convey the said title to a lot owners association; or to the { Town of Southold, The grantor also retains the title to the s;,„ ; land within the said common areas designated as A through G, inclusive, as well as the right to dedicate the same to a lot owners assocation, which will be formed at the time of the conveyance of a majority of the lots, and each lot owner at such time shall automatically become a member thereof. Further, the land in the bed of highway system shown on said map shall be subject to easements to provide for the installation and ` l maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground.. r w- j 1 P' PEBBLE BEACH REALTY, INC., by: Joseph J. Donovan, President STATE OF NEW YORK, COUNTY OF SUFFOLK: ss On the day of May, 1975, before me personally came JOSEPH J. DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malvern, New York 11565- that he is the President of Pebble Beach Realty, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. r i TITLe No. 72-5-04720 DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Fast Marion, Town of Southold, County of Suffolk and State of flew York bounded and described as follows. BEGINNING at a point on the northerly side of ~[ain (State) Road adjoining the southeast corner of land of Rutkowski Estate; running thence northerly along the lands of Rutkowski Estate, i Vlllaga of Greenport, F.F. King the following courses and distances: (1) North 16' 25' 30" West 272.05 feet (2) North 16° 40' 30" West 447.07 feet (3) North 16° 23' 20" Wast 127.47 feet (4) North 15° 28' Weat 102.95 feet (5) North i5' z9' 30" West 310.56 feat (6) North 16° 16' Weat 260.73 feet (7) North 16° 29' 20" West 295.93 feet (8) North 16° 31' 30" Weat 266.33 feet ' (4) North 16° 29' 10" West 167.14~feet • (10) South 69' 47' 10" West 542.88 feet (11) North 21° 46' 00" West 692,45 feet (22) South 66' 28' 20" West 604.90 feet (13) North 23° 22' 40" West 1365.0 feet to the Long Island Sound; thence northeasterly along the highwater mark of the Long Island Sound the following courses and distances: (1) North 38° 10' 40" East 406.74 feet (2) North 52° 02' 40" East 317.06 feet (3) North 59° 36' 00" East 434.78 feet (4) North 38' 04' 30" East 623.16 feet (5) Nortt+ 32° 44' 10" East 499.30 feet (6) North 26° 50' 20" Fast 697.59 feet to land of Birten; thence southerly along said land the followinn courses and distances: (1) South 15' 18' 10" East 300.0 feet (2) South 13' S4' 10" East 816.76 feet (3) South 13° 31' 30" East 436.67 Eeet (4) South 13° 26' 40" East 557.97 feet (5) South 12° 41' 40" Fast 314.36 feet (6) South 13° 40' 10" East 446.72 feet (7) South 11° 47' East 126.63 feet (8) South 13° 00' 20" East 132.76 feet (9) South 13' O1' S0" Fast 505.25 feet (10) South T3' S6' 20" East 200.0 feet (11) South 15' 39' 30" East 200,07 feet (12) South 13' 36' 4,A" East 262.01 feet (13) South 13' S6' 2U" East 285.0 feet (14) South 12° 37' 40" East 153.04 feet (15) South 15' 10' Fast 213.04 feet (16) South I6° 14' East 90.07 feet (17) Soutn 16° 35' 20" East 239.6`) feet (18) South 72° 2S' 10" West 144.42 feet (19) South 19° 47' 10" Easi 370.3'1 Feet [o thr northerly side of Main Road; t}+enc~ westerly al,.:- t'i~ ~~~rr'r - Fide of "a1~ Road the following courses and distances: (1) South 56° 13' 40" West 255.0 feet (2) South 58° 06' 10" West 339.0 fee[ {3) on a curve bearing to the ri^ht having a radius of 812 feet a iiatance of 120.86 feet to the ~rMf: r corner of land of Rutkowski Estate the point or pace of Ueginning. FRANCISCO O JACOBUS ARCHITE CTS 6 ENGINEERS NEW YORK CITY . Ja ~ A ~ 7 iv1 i~ Fri O ~L+ NoT[s ~r N ~E Y.~G a A DAIS ?AO[ NO. ~ M ENT ~...~r w ..TOG j1 ~ 29 -~yAlR I i H °S i I ~ _ i I ~ ~ t-~--+- _ - ~ ~ I i I ~r - - I . _ . _ _ ~ C _ T_ QQ I I~ j ~ I ~ a 1 ! I ~ ~ ( i ~ i i r -t I . ~ 1-~.___-'- i ~ ~ i ~ , i ~ ~ ~ , -I-- - I ; ~ ~ - - i ~ ' p' ~ oo' 3 c~ ~GO~ ape _ - ~ i r ~ T I . t! . ~ ! I ~ ~ ~ i ' 1 ~ j ~ ~ -._~Oc 7/any ~4~0 _ I ~ _ ~ ~;;ht I.a,~sr ~ ~ , I ~ ;_20 i 3 g' ' ~ ~ fi j I - ~ ~ ~ _ - 3a ' -YSo ~ - ~ e f t ~a? '~6 Z.. ~ i ~ it - .r.~_,_~_.~__,_ ._r_ 7 Z ~i - d p T ~3 /~a ! ~ I T T~ ' - - , I ~ ~ ~ i i 3 ' _ i _ ~ - ~ ~ I I I I I ~ ~ ~ 1 ~ I ~ - - '-T - t--~ ~ !-I_ ~_-i j . ; --a I . _ ~ ~ ~ ! - - r- - f ~ ; ; ~ 1 i~ ~ _ _.~:__~..._____n_~__u__k___a._.~.d FRANCISCO O JACOBUS ARCHITECTS b ENGINEERS NEW YORK CITY f A : ~ Ib h IV ~~%tl owrc Fwo~ Mo. 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EH 61H ~xa. ..a ~ /!ri z~~ ~ ~ a N ~AGOBUS r ~ 1 ~ k1.~. ham' RAH CtSG~.L,_r....r 7 ~ , 1 't ~ ~ j ~ ~ j ~ , -r-- } ~ ~ 1 t~- 4 1~ 1, `j 7 ~ ` ~ i i ; ~ t ~ ~ ~ ' _ j- ~ -fit-` t ! i ~1 ~ ~ 1 ~ ' 4 1 T ~ 1 1 1 ~ ~ 1 ~ ~ ~ ~ , :r~~ ~~t ~ j ~ ~ i 1 ~ ~ 1 i ~ ~ ` ~ ~ 1 ' ~ ' 1-'' ~ ~ ~ ; t t i tt , i ~ p `k per t ~ ~ ~ ~ r 1 Nd• 1 1 ~r i ?'i~~_ ~ i 1 ~ ~ 1 ` ~ ~ 'j ~j `~,j ~ 1 1 ~ ~ ,1 ~ ~/~T ~ ~ ~ ~ ,9 ~ 1 _ a ~ 1 I ~ 1~ ..-i i //h 1 ~ d ~ ~ l 1 ~ r- _ 1 j `I ~'t ~ ~ 6 ~ 1 r~ ` t 1 j 1 ~ v 3 d''~ 1 1 1 j ~-E--r"- ~ ~ ~ -=j j ~ i ~ ~1 ~ ~ ~ 1 ~ ~ 1 ~ j ~ 1 ' . j, i t ~ - 1 ~ 1 1 i i ~ ~ ; r, i j 1 t ~ , ~ _ - , ~ ~1 1 _ 1 ~ ~ ~ ~ 1 . : c ~1 6 ENG~NECPa ~AG[ Ma _ ARGNt7Epp C~TS / pAYi ' MoYL6 aY :JtY 2 9~. - _ usco s ~ncosu ~ ~/2,I ~ f ~ ~ ? fa~N ~ i z y j ~ ~ i ~ ~ t - f 1 i i ~ 1 ~1 `t"""_ ~ - ~ ~ ~l ~ ~ ~ ~ ~ ~ j ' h i 1 ~ ~ ~ ~ ~ i , ~ i t { ~ ~ ~ ~ p ~ ~ ~ ~ i , t ~ ~ ~,t0 { ~ ~ ~ ~ HpGrY~ ~ ~ ~P j 1 1 ~ ~ } i ~ ~ 1, i ~+--'~J ' `1 1 ' S L 1 ~ ~ d 1 1 ~ ~ pGA~=IBN--' i ~ ~ ~ ~ ~ i ~ i ~ j ' 1 t ~ ~ ~ l ~I 1. i ' ~ 1 j 1 ~ i e } ~ ~ 1 ~b 15T: ' ~ ~ I ~ ' 1 i ~ ?,rr ~ 1 1 1 t ` ~ 1 ~ ~ ~I ~ ~ 1 1 ~ ~ 1 ~ 6 ~ ~ ~ ~ ~ I 1 ` ~ l} ~s 1 ` '1 t ` t 1, t i ~ ~ ~ ~ 1 ~ t , _ - FRANCISCO S JACOBUS ARCMITE CTS k EN GIN EERq NEW YORK CITY • i ,D[ ~`..,~T ,M A a - ~ OT[! .Y ~ ~ r DAT[ SAO[ NO i I~..__ I I ~ i ~ i I I I I _ _ ! ~ i I I i( i i I c 4 I 1 ; , I I I i i I I I l _ ! I ~ I ~ j I I I I I: _ t I I I I I j g- ~ I I I i l I I I ~i I I i j I j! I I i i i i ~ i i I ( I~ ~ ~I I ~ j ~11 ~ ~ I I ! ! I I I j 1 I f I ' a I ' % S'o-e i ,jao 1 ~ I ~ s,np ~ ~ /e0 ( D I j I I 1~ i ~yoR ? i mac! q~ ~ ~ ~ II I it II I j ~ ~ ~ I i I I ' ' I ~ j I I 1 ' 1 1 I I I I I ~ I I I j I I I I I i p ~ I 4 ~ ~ I I ~ ~ 1 ' i ! i I ~ ~ dJr;„T I ~ j ~ i i j I I ! ~ I I I ! _i _ yTT ~ i I ~ _t- j ~ I I I ' ~O I C I V6 J I ~ i I I j ~ ~ '-i d}d - ~ I ~6~. i i ~ ~ I i I jI ;jl~ ~ II~ I~j ~i l i l ~I ! l i l i I I I I j( I I' Y--~- I r ! j I i ! I I III ! ~ ~ II I ~ i ~ I I i l I I I T~ j ~ - ------7- 1 I I I I ~ i i I ~ I 1 i I I I ^i I I I^~~ I-~ I I ~~~I i ~ GINEERS fAGR Np OTS R Eµ - - l C Aµ0 1, yA006Us _ 1 ~ ~ ~ t ~ L _ ~ ~ ~--T-, ~ ~ ~ ~ _r- ~ ~ ~ ~t ~ ~ ~ ~ ~ ' 1 I _i _ ~ , ` ~ ~ ~ I 1 ~1 ~-+-•1 ; t I ~ ~r s ~ ~ ~ ~ i 1 ~ ~ ~ ~ ~ 1 5 f ~ ~ ~ 1 ' ~ , t ~ ~ 1 yy~~ Q , ~ , i 1 , i i 1 1 i Ntr. , ~ ~ y , V aa~a-f-LsN: - 1 1 ~ ` ~ ` ~ ~ ~ + t ~ ~ ~ 1 ~ ~ ~ ~ I ~ 1 ; 1 ' ~ I ~ ~ ~1 ~ ~ ~ ' ~ i ~ ~ l ~ i i ~ ' ~~y ~ ~ i ~ms : ` j 1 N ' ' ~ ~ I, ~ i ~ ~ ~ ! 7 i ~t ~ ~p t ~ ~ I N ' ~ ~tr--rte"-~ ~ i ; ~ ~ ~ ~ t"._1~ ~ ~ ~ ~ ~ 1 j~ 1 ~ 4~ ~ _ ~ 'i I ~ ~ ' i ~ FRANCISCO b JACO BUS ARONITE CTS Q ENGINEERS NEW YORK CITY rloa• Nons sr ~ ~ ' own FwaR wo. - _ ~ . _ ~ i i ~ ~ - ~ ~ ~ I 1 _ _ '~-Y ~ ~ f : i - I ~ ~ -r-.--~-_ ~ C i i ~ i~ I j i ~ ~ ~ I T ' ,-r ~ - 4 I : _ 1 N 4 ~ ~ i i ~ ~ _T , ~ ! - ~ i ~ ~ ' , i _ ,.__T i ! I I i ~ l i i lloo ; 3Po ?~Oe~ j i~o i i ._f-~- ~ ~ ~ w i _ , o~lYl S'C l f ri ia~ { , I ' ; i 1 ~ i I ~ ' I ~ I 1 I ~ jj . ~ ~ I ~ ~ I T ~ _ i ~ ! j ~ I _ .~0 -1.- ~'1 ' I - i ~ _ _ ~ ~ ~ ~ i ~ i I _ _ :3~ ~5 _ -r--;-~ _ I _ ~ i f 6S ' z c _ ~ ~ ~/S ~ _ I _ _ _ 1 } ; i ! ~J ~ I j - f - i I j ~ r I _ s : I --y-^ 1 , ~ ~ I ~ _ _ ~ _ i kk 1_. -t-- Y _ ~ _ i ~ ~ ~ ~ i I ~ ~ S I 1 ~ L s __rt -s--.~ i ~ ~ ~ f _ ~ , - 1 ~ ~ ~ ~ ~ ~ t ~ . _ 1TE GTS 6 EµGMEEfta ~/.6t po<- 1 ' ACOBV`' A A~ SZ I f1•J watT f ~ " RMgW5G0 6 ~ -r 1 s ' ~ r.-~ ~r~' ' j 1 ~~~a~ ~ - ~ ~ j a ti _ ~ _ 1 ~ ~ ~ ~ , i ` t ~ ~ ~ ~ j ! i 1 ~ , i ~ i ~ rte- ~ ? z~ ` 1 ~ ~ c t ~ j ~ ' 1 i i . ~ ~ ~ ~ ~ ~ ~ Q ~ ~ i ldd ~ ~p~ k 1 ~ ~ ~a~ ~ ~ t 1 , y K,v'a ~ ~ ~ ~ ti ~ t a t..- ' + ~ Na~ ~ t 1 1 1 ~ ~ ~ 1 ~ ~ ~ ~ ~ 1 ~ ~ l a ~s ~ ~ t i 1~ sT.t 1 1 i ; ~r,~.-~ , ~ ~ 1 ' ~ , ~ ~ 1 ~ d ~t,~ ~ ~ D ~ y~ ~ 1 ~ 4 , ~ 1 ~ ` ~ ` ~ l 1 ~ 1 ~ ~ ~ ~ r 1 i ~ • FRANCISCO S JACOBUS AROHITE CTS 6 ENGINEERS NEW YORK CITY ~'A t ~ /YJ AR I O N MOT[[ AY N ~ DAT[ MO[ NO. M. _ _ ~ _ j i G ~ - - rt - ~ - - - - - - ! ~ - - _ T r ~ - fi-;- ~ _+--t-- 4 _-l ^ ! ~ I _ - { I ~ ~ ~ ~ i i .t i So 'i i 'i ' I i ~ ~ i ' ~ 7 ~ ~ ~ p i , _t- ~ ~ T i yosr?, a~- I i j ~ ~ _ ` i i ~ Eo~t~TfohJ ~ G~A ~ ~ ! 1 ~ ~ { , . ~ ~ i i ~ I HT I17~5T? i I i w ros ~ ~ ! - - - ~ - j3o o ~ - 1 ~X -r- ~ i ~ ' 1 ~ ~ 1 So ' ~ 5a - ~ -.'fib $ _ . ~ ~ - ~1 • i r O .s ~ _ ~a ~ ~ i i a i ~ ~ E + - _ x - j.__ I 5 _ _ _ _ _ T ~ ~ 4 f { 1 J 4 i a ~ i I I ~ _ ' i i s _ _ ~ _ i__ I ~ - , . L-- - - ---I ~ j i~: C 4 4 ~ _ I i ry GtHE 3 g ~ 4 ~~l~~~~ ~ ~ 1 ~ ~ ~ ~ ~ ~R ' _ , 1 ~ 1 ~ 1 ~ ~ ~ i j 1 t ~ 1 4 ~ t ~ ~ ~ ~ ~ ~ t ` 1 X 1 1 ~ 1 ~ ~ , ~ ~ ~ ~ ~ ~ t ~ ~ ~ A ~ `ba~~~ ~ 1 ~ t ~ ~ ~ ~ND . ~ ~ 6N i ~1 DGp.T/ ti ~ ~ t , ' ~ ~ ~ ~ ~ 9 ~ ~ ' t~ i 4 t ,1 ti ~ ~ ~ b S ~ 1 ~S~'f ~ ~ ~ ~ ~ ~ 1 ~ t~ T~~ /a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S~' ~ ~ ~ 1 2 ~ ~ ~ ~ v k ~ ao~ d --~-~2~~' i i_---- 1 , t ~ 12 F ~ ~ } a' i 1 rwGF ^ ARGNITE `~NI owTt -..f _ - ~~~~a t~N NonssT X125' ] 4 `RwN01400 Y lACOBU3 ~r _ J.._.-~-- ~ 1 1 1 ~ i f`I ~ 1 - ~ ~ 1 i ~ i k _ 1 i 1 1 t l ~ ~ , i ~ ~ ~ ~ P j i ~ V ~ ~ 1 ~ I ~ i ' ~ 1 i _ _ ~ ~ ~ 1 4 ~ ~ } 1 1 i t 1 i ~ ` t ` ~ ~ Ids I ~ ~ ~ ` r fA~r ~ t ~ ~barT ~ G ~ t ; ~ ~ i ~ t ~ ! Xo ~ ~ i Na, ti ~ 1 ~ ~ 1 ti I ~ 1 ~ ~ ~ 1 ~ I t ~ j ~ y 1 ~ ~4 ~ 1 ~ ~ ~ 1 I I ~ ~3 0_ I I ,r-y- 1 a ~ l!t~ 1 l ~r. 3 ~ j~p I ~ ~ I , I ~ ~ ti~~ t 1~ S I 1 1 i ~b - ""'~z' ~ ~ ~ 1 ~ ll ~ ~ __z--_~ ` i ~ ~ I ~ ~ I ~ ~ ,----a`_ r- ~ ~ ~ ~ r t ~ 1 IRAN C13C0 Q JACOBU3 ARCNITE CT3 8 ENGINEERS NEW YORK GITY '3T[s iY CAT[ ?AO[ NO.--~!. . ~ i I i , O ~ i I. I ~T r i I i ~ ~ t I ~ ! I j I I ~ I + ~ ~ I ~ Ir i I I I ~ i i ~ i I i I I I Ig I I i I I ~ I i 'i~ I i I I' i j ~ ~ ~ , I I i I I i I ~ ~ I I ! ! i f ~ a I ! ' sa,e ~ ' oo ~ i ..~a~c ~ i 1 Leo ; I D I I ~ i i I I ( I I p c ATlBiV ND', / I, ~ r I -----r- I.. _ - - ' I i l l j . I i /fT ~ .a?s 9' j i ~ I ~T i I ~ i I I 1 n7~.~ I i ( I I i I ~ I f i 1~ I I ~ I I DTI ^ _li Iii Ili li ! I i! l , 1I_ ~ I i----~ ''i( i I t ~ I i I ~ i i ~ i t I I I I i ~ i I ~ i i I ~ ~ ~ I I I ' I ' i i• I I I I~ T~ I f i~----'-~ f- ~ I ICI ~ 3 FRAN CISCO It JAC08U5 ARGMITE CTS Q ENGINEERS NEW YORK CITY u? i~ Ar JIOf- f _ 1~,/? ~+oT[s ~Y ~ ~ OAT[ FAO No. ~ I I I ! I I I ! ~ ~ I I I j j I ! I i i + ~ ` I j L I ( i j I ! ~ I i I ~ I i ~ ~i _i ' ! i i I j i i I i i l i l i ~ I i _ ! i l i l I i I i' ! i i ~ ` --L ~ - I I r I - , i / ! I I I i ~ ! ~ } ! i ' I j I I I I \ ' j ~ I ~ ~ I i I I I - ~ i I l i ~ j I i I ~ I ~ I ' ~ . a~ I I 3"o-e ~co ~ .~?o'b ; SZOp ~ /eo I Q , ~ ; I ' ' j i i ~ i i i ~ I I ' O c AT/d1U NO. X^ ! I i~ I ~ i I i i j ~ I ' ~ I !1) i ' I! s i i ! I 1 i I ' I I 1 , ~ , I + I -1-- i ! „ r,.$,. I i I _ I I ~O_I~ 25'z. - i I I-~-i I i I i I-1_ I j I i I I I ! i i i I l i I i j ~ i t I I i i~ ~ I I! I i I i ~ I i! I ~ j l j l - I ~ - j l I j I ~ I I I i! i I i! I! ! 1 J_ - ~-I I ~ I I I__ ( ~ I f ~ I _ _ A Gri1TBG ~f / ~ ctss sc r f J}7 7 ~ ~~,HCscaa~~~aus~,~~~ ,,.tN r ~ ~ ~ ~ '1 r ~ ~ I j ~ ' i 1 ~ ~ l ~ 1 ' ~ 1 1 ~ y _ , 1 ~ ! ~ ' ~ L~ t 1 ~ ~ 1 1 1 ~ ~ ~ t .W.. ~ ~ ~ ~ ~ i ~ 1 ~ ~ .f L ~ ~ S Nd ti V i ~ 1 ~ ~ ` ~ 1 - ~ ~ 1 ~ 1 ~ 1 i ; 1. ! t ~ ~ ~ ~ ~ ~ i ~ V 1 t 3 0 ~1 ~ ~ `F j ~ a ~U' = ; ~ ~ r---' ~ ~ r ` ~ ~'tti ~ ~ 1 i ~ ~ y i ~ t t + - ~ ~ ~ t `ti , _ i 1 ~ 1 ~ 1 1 ~ FRANCISCO 3 JACOBUS ARCNITE CT/S ENGINEERS NEW YORK CITY ~ ~ .MD! ~ r ~'1. /r~ r /~-J YOTSS SY l~. I f l ~ uwTi SAO[ pO.-jl.,. r i t i I `a I I _ _ ~ I I - ~ l _L-_ ~ ~I - ' i I I I I i ~ i .y.__' I i i i I _ I i i I I ~ ~ I ~ I I ~ ~ O i i 1 i I j I I I ~ I ~ ~ i I I I i i` ~ 1 I g ~ I ! I , _ ~ i I - - - ~ --t- ~ :>r~ I i; ~ I j I I I I I I I I I I I ~ ~ I ' i I i ~ i i ~ i I ! I I I I I II _ ' ~ ' ~ i ~ p c AT/ON N0. I ~ti~. ~ i i I I _-r I _ I I ~ I ~ I I I I--, ' I ~ is i j~an! I• I ~ i i I I i 7G ~ ~~p' i ; I ( j I 30 I ~ I ' I I i ! ' ( I I I I/~p ~I I~ a 5~ ~ i I i I i j ~ ~ I I I ~ i ~ hSr.. ( i ~ ~ ~ I, i 1 I i I i i I~ i ~ ~ i I I _ ~ ' ~ i ~ ~I ~ i_ - i I I I I I(~ - -f--r-- ~ , I I ~ i , I i - ;-~--r-' i _i I i I( ~ i I I I ~ i r --~-~~I j I I I ~-I 1, I~ ~ I I I i I I _ t--_-. ~ - i- i--_ i--y-T-*- I ~ ~ I I ~I i ! I ~ i I I i r---- I I Ir I I I ~ I ~I i ---I- ~ ~ i I i 1 i I i ' . ~ __._i.._ l _ ,[ I; I [ :,',- , ~ , ~q I tp,.,du-:? :. ,j- fi-:m ~,' ::, : :, i~_?,,~ , :',~: l:[i~,,~ c*,,:r ~ 'l:' '. ' , '~_ :L_ : ' ~_:_:,: :: , '~ r :, :~, ' ' :l'a IF~ '_~* n[~: ' ~::Lm , !*, ,L_ ~ ,: '" ,~i , q P -tm-:-I':? :~-~-i:[:~ [~-I~J~ ~ ~ i~llL(~' ;~ll[;' , i : I i , I 'q ~i [ I!~[i11 Zl ': i i I Il %FI II' IIi:: I I I i I II [ I lllll i' 'Il:ri,' ; : ! I ~~ I ~ll :Iii : J I ' : I I I I ~;~-~l i: : '!'l '~--' ~ I~ I ! l~ [ , !Il'l![[ :i ,I' ' .~ ZI:: I ~! Ii ! i.~r-L ,[ I'' l!l !:II ~_,[ IL rl l[~7 i l-- T ,,,: : 3'77-i-: ' ~ _, .... I~ ,,,,,T,~, ,~,[~h~ [~, ,[, ~ E ~ , ~ ,,, . ~.~,. ~ ~',~ , I ~' '' ' ' ],, ~'':' '' .... : ' ,~ ' ~ ~ , ' ~ , , : ~ , ~ ~ : ~ .-~ ~ I, ' ~'~ ~ ' ' ' ''~ ' , ' ?- -- t t i !I t i [ [ i I i ~ l__L , i J [ ] ~ i F i ' ' I I i [ L ':; , ' I I : i I I' ' i , I i ~ : i ' ' IL I ~ I T T .i , , . ,. ~ ~ . , , . , . ,~ , , . , . ,. .. , : ,. , ~.. . . , . ,, , ,,. , , , . I .~., , ,.. .L~, , '~-I:~::~n,, :~''-~'-~~ ~ ..... : , i I ~ ' 2~., _.. ,,~ .... ] i , Il ~ ] ' I I ' ,: ,~z~=~ I ' ~: ~ ~ i , i/ I ¸li SHEET ~ of ~ Open $~oce "6'" ~4re0=32.422 Acres ~ pECP__EATiONAL ,' S, 23 2240 ~ S. SEE SHEET I of~ .? 2P ~ 27 50 ~ I --' ,,'. \ ~ ~- --~ ~.l ~ '~ / ~[:~-' _d~ .,.1%.~{~ . ~ -- ~- L~ ~ ~ ~G ~.; ~ ~0-~' ~' 7Z~ ~ 7200' ~ 7zO0' ~q79' '~ N23o2.~40"~ ,o~° ', ~'.% .-'~.L ....o' ,,~. .',~'T, =oo' I ~zoo' ,--~D MIN. ao . o.o o.o F. E' K/ng ,~,o~,,~ TYP/CAL PLOT _~AYOUI-= ~..¢ r TY?/C~4L SEM/AO~ DISPOSAL SYSTEM 0,$ 'a. 26 ?' 25 I~ 24 r,k E F Kin9 of d NO I of LOCATION MAP LEGEND, 617E PLAN FOR MA ? OF PEBB£ ± BE&CH F RMS M,4 R/ON SOU T~tOL D CO., fA F. /'= I00' RE~ISED ~J~, If, 1979- 5/TE~LiA/ 0 WNER: YOUNG YOUNG dULY Iff 1974 i j dos uo. 74 - 23p -$oser Na 2 of ,~' 61 60 ~ 59 ~ ~ ~,t4~aoo TEST HOLES TYPICAL PLOT LAYOUT ~ 58 Andre K 80.00' .... r£sT HOL£ '~ 57 '~SG '~55 eaoo' ~54 THE 44 4O 80.~d 5O ~ 49 48 47 /4 I/ I0 /G ~9 ? /7 18 37 ,36 booo~p 35 SHEET sEE .TYPICAL SEWAGE DISPOSAL SYSTEM Village of Z, NO. 2 LOCATION MAP 46 45 et a Open Space ~" open Spoco'~" FILE NO. 5-sD SUFFOLK CO. PLANNING DEPT D R ~_VE?~ I-~,,r~ 197~' BY: Grosnport LEGEND, M,~ P OF Andm g/AY Rulko~ski O) u..,,z-mocc~-145: K, Birton et oI. 44Ko?' ' Es tote PEBBLE BE CH FARMS TOTAL AREA = 164· 4 tACRES E~ST M~RION TOWN OF ~OUTHOLD SUFF CO., N. Y SCALE i'= I00' ,__ I 'o REVISED A$ SNOWN O0 POP ~UODIVI%I~ MAp rue surrot~ OWNER: £~$r IOORYHPOR~, N.Y. TEST $.0 HOLES SEE 86 88 SHEET Open Space "C' Aro0=32,422 Acres ~ 3O 94 96 97 I10 109 I0~ 3/ TYPICAL PLOT LAYOUT ROA O 98 G R EE N V/A Y 106 105 I03 102 I01 I00 , 99 29 SEE SHEET I of 3 CRESCENT ,J 75O2 pl E E K/n~ ?ZOO' King TYPICAL SEWAGE DISPOSAL SYSTEM $£ LEGEND, MA P OF PEBBLE BEACH FARMS ! EA ST MA R/ON TOWN OF $OUTHOLD ,,,,,,,,,,,~,,,.,,,,.,,,~,~,,~,,,o., SUFF CO., N Y. SCALE i.= I00' I00 50 0 I00 REWSED JAH /3, 1975 OWNER~ NO I o~ 3 LOCATION MAP ,~/.oe~ w rou/v~--_~.r, sZ ~L.S~/vo./ae4a YOUNG ~YOU N G JULY 17, 1974 A odre TEST HOLE Open SpecO "£" Area= 1. 864 Acres 72 oldOO'~ ?IPICAL --GO-- O0 00' ~/rton et a/ 2139' SEWA GE DISPOSAL S YS TEM \ ~ Open Space ,,~,, Area = 32.432 Acres TYPICAL pLOT ~ YOUT LOCAT/ON MAP LO' L,''' O. ..e,,,e. .... Ae .,' .e,e'".r, O0 ~?.%~~ ~ of 3 ~ ~o. 2 , , ' O~ ' DATE BE CH FARMS NO. Iof 3 ~AST MAR/ON SUFFOLK CO ~ SC~L~ . PL ~ ~Arc~ M~/N 1% I00' '- REW JAH 13~75 ~ - 'j ?/ ~ - _ . A,. G jr~~~a~ft. , ~V . tiJ g '~~,l+r OBE OTC~W _ K t .;r~~#. °-7: ~ az,' ter. ~c~?firrr o~ s~~lr a~. v', ~r„+ 1GDITH T. TERRY FEQLKi~tfier TELEPHONE Toww CLERx `%t31 "=,3 I°y (SI 6) 765-1801 REGISTRAR OF' VITAL STATISTICS ~_,~>/~i-~~ Southold, L. I., N. Y. 11971 March 12, 1980 Lefferts P. Edson, Esq. Main Road Southold, New York 11971 Dear Mr. Edson: Enclosed herewith are two maintenance Loads in the amounts of $102,000.00 and $278,000.00 for Pebble Beach Farms, which were released by the Southold Town Board at a regular meeting held on March 11, 1980. Very truly yoursl,~~~i 3udith T. Terry Town Clerk Enclosures _ ~t$C~frott~ ~epttr#men# Qu[ntt a# gnu#l~nl~ ~ecantc, ~ 11958 RAYMOND C. DEAN Tel. 765-3140 Superintendent 734-5211 February 5, 1880 Southold Town Planning Board Southold, New York 11871 Re: Pebble Beach Subdivision at East Marion Gentlemen: As per Inspection Report # g3 by Mr. John W. Davis, P, E., I recommend the release of the road bond. ry ruly your /~~i"? %'%%~Rr'AYMOND C. DEAN Supt of Highways i ~ v , C-~Y-~.-. C~d,.aaic a~c~ ~i~rce~ ! ATTORN[Y8 AT NW MAIN ROAD BOUTNOLD. NEW YORK 17671 ceial Tae-~z2a LEFFERTB P. EDBON October 24, 1979 (D X81 78A2600 RUDOLPN H. BRUER Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: Pebble Beach Farms Dear Mr. Raynor: We have been informed by Mr. Jack Peters, President of Equitable Federal Savings & Loan Association, that the work on the asphalt en- trance "ramp" to Pebble Beach Farms Subdivision has been completed. Will you kindly ask Mr. Davis to inspect tha entrance. If everything is in order, please request the Southold Town Board to release the Pebble Beach Farms Performance Bond. Thank you. Si, rte y, ? ~lG.// udolph Bruer RHB:dbc c _ Gam. _L ~ C _ _ _ _ _ _ IrasPr•.-c~i~rox .,~P~Irr ~ , r G`0: ?'•'.;~rond C. D~an~_Superintendent N0. 6$ C~;; n_iii;-Y;`•".'_Y Department ~ DATE: July 16, 1979 r`t:•~t.a~~ld, itew York 11971' ' ~ ' RE:_PF,BBLE }3r4CH S]~BDIVISI~~_i:i9ST N:ARION Y:r. J. B, Pe'..ers, President of the Pebble Beach Rea1Ly, Inc. had requested a meeting at the above subdivision in reference to backfilling the borrow pit in the drainage area east of 'Ile Greernaay road. Zhe Home Owners Association wanted the work stopped, Cn the above date I met Mr, Peters and 2.1r, Irving Latham, Con`ractor, for the subdivision, to go over the situation. The Home Owners representative eras out of town arxi not available for the meeting, This borrow pit material was used for road constn~ction at different locations in the project. I+~Iien borrow excavation was finished the sides were very steep, for depths of from 6 ±.o lO feet. 7!~e cont,ractor had planned t.o bac'..cfill this area, i•iaterial frcrn >:ea7.e ~ccevation had born placed alongside the »it +.o be used as backfill later. ,lso, t%;ere Ices some of ,his material on Lot Ido. 9$ which is to be removed. Approxi- e7.y t:zlf of tl:e backfill i,=ork has beep done, Af'.ci• so:.a d~_sciasion and vralking over the site, Mr, Peters agreed with the backfilling o ,~a`._on znd as'~ced the contractor when work could be resumed. He•will contact the 'one ~~.rner Assoc, on this matter, ::r, e~.ers asked about release of the road perforcrance bond,;. I gave him a copy of. y last inspection report, No. 1t7., which shows some minor work to be completed, C. C. Sou±.hold Planning Board C. C, Highway. Cornrrsttee C, C, L. M. '1i+hill, P. E. ` d I ~ 6~ ; JUl I g 1979 _ .~QUt~;OLD YQS,N fi4VY. u / ~~3/, ~ P p`~6iv'1~tiC~-$~ ~ D 'r ~YaF-~o In t ~ c -%:z~' s '~~L~.,a ' fib.: Y ''dl a'"a ?~`a u Southold, N.Y. 11971 TELEPHONE - ~ 765-1935 HENRY E. RAYNOR, Jr. , Chm. FREDERICK E. CORDON JAMES WALL Bennett Orlowski, Jr, July 3, 1979 Pebble Beach Farms c/o Lefferts Edson, Esq. Southold, New York Dear Mr. Edson: Section 277 of Town Law states in part. "Such performance bond shall run for a term to be fixed by the planning board, tiut in no case for a longer term than three years, provided, however, that the term of such performance bond may be extended by the planning board with consent of the parties thereto." The time has expired with regard to your subdivision and as a result your bond is in jeopardy of default with the Town of Southold. Please advise the Town Clerk and the Planning Board of your disposition of this problem. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD HER/mb Copies to Judith T. Terry, Town Clerk Robert Tasker, Town Attorney James F. Homan, Deputy Supervisor ~ _ ~ y S Bonding Company I~~~~ ~ .,s__~ ~ -3 ~ c o Y ~ ~ ~ J_ i ~ vFFa P D Z ~ T D th T S os y;,~ Southold. N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman TELEPHONE FREDERICK E. CORDON 765-1938 JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. OCtOber 31, 1979 Rudolph Bruer, Esq. Main Road Southold, New York 11971 Dear Mr. Bruer: The report of John W. Davis, Planning Board Inspector, regarding the completion of work in the subdivision of "Pebble Beach Farms" was reviewed. I enclose the report for your informa- tion. It appears that a release of the bond is in order if a property owners association has been formed as this was also a maintenance bond. We would appreciate information from you regarding this. Yours truly, Muriel Tolman, Secretary Southold Town Planning Board 1 O K ~'~1i JUDITH T. TERRY r+~~ '}T TELEPHONE TOWN CLERx ~lp~ i (516) 765-1801 REGISTRAR OF VITAL STATISTICS ~,~.~zyyy+-C~t Southold, L. L, N. Y. 1 ]971 January 12, 1979 To: Southold Town Planning Board Raymond Dean, Highway Superintendent Highway Committee Town Engineer May I have your report on the request of Jack B. Peters, President, Pebble Beach Realty, Inc. for the release of the road performance bonds for Pebble Beach Farms. Very truly yours, Judith T. Terry Town Clerk . ~ ~ ~E~~~~ v~~~r c~EaCty, ~,L~. 620 HEMPSTEAD TURNPIKE ELMONT, N. Y. 11003 516 - 328-8100 January 2, 1979 ','~eCENED~ f. ~ 3` 1"','9 Mr. Albert M. Martocchia, Supervisor SpSJgO[t( I09v& Town of Southold Southold, N. Y. 11971 RE: Release of Bonds #914553 and #914554 Dear Mr. Martocchia: Further to your letter of July 14, 1978, I am pleased to report that all criteria set forth by Dlr. Raymond Dean, Highway Superintendent, have been met. Fle respectfully request that the bonds be released as quickly as possible. Very truly yours, ~~9' "1 PEBBLE BEACH REALTY, INC. p . ~ i ~s- i Jack B. Peters, President t(~" ~'lJBP : ps - - _ 7" - _ i i f/ ~7~ INSPECTION REPOH'1' No. 'lUs Raymond l:, Dean, Superintendent DATE: August 2ly, 1978 Town Hignway llepartment _ Southold, New Yor FROM: John w. llavis RE: PEBBLE BEACH SrJBDIVISION, East Marion COMM>N TS : - As requested by L. M. 4bthi1l, I met Nr, R. Brenner, caretaker £or the subdivision owners on the above data. Mr. Brenner wanted to go over the items of work that re- mained to be done, as shown on my August 15, 1978 report. The pro3ect was covered on foot and by car and all items in the report explained to Brenner. He wanted this information to pass along to some of the owner representatives who are expected to be om the site this weekend. 'y//~ `y " ~~L CAUL C.C. Southold Town Planning Board C.C. Highway Committee C. C. L, M, '1lithill, P, E, ? i i July 26, 1Q78 Lefferts P. Edson, Esq. ~ Nlain Road Southold, New York 11971 Dear Nfr. ;dson: The following was the action taken by the Southold Town Plax~nin~; Board at i`, regular meeting held July 17. RESOLVED that based on a report from Edward Bage, Town Engineer, stating that all elements of the bonding have been met according to town standards, the Planning Board of the Town of Southold recommends to the Town Board release of the bond for the subdivision known as "Pebble Beach". This letter has not gone to the Town Board because I have not received the report of Mr. Bage. He had indicated at the meeting that all was in order. Yours truly, Muriel Brush, Secretary I i i I I ~,y • RKEIVED ppp P ~£Li(i[.E ~~acFi e~~a~ft~., ~ne. 620 HEMPSTEAD TURNPIKE ~~1pLp TOWN ELMONT, N. Y. 11003 516 - 328-8100 June 29, 1978 Town Board Town of Southold Southold, New York Re: Bond # 914553 and 194554 Pebble Beach Realty Inc, Gentlemen: Please be advised that the conditions with respect 4 to the above mentioned bonds have now been met with the completion of the roads and the formation of the Property Owners Association. I respectfully request your release to the bonding company and notification of same to the undersigned , Thank you for your earliest attention to this matter. Very truly yours, Tac~ te`"~ ~ President TBP~cdp i y~S - ti _i EDWARD J. BALE PROFESSION4L ENGINEER INSPECTION REPORT No.....~7.3.. Tp:.._.,Raymond C. Dean, Supt. DATE June 23, 1978 ,,,,,Town„ Highway.. Department TIME .....SOU;1:hO1rd.~...N..Y WEATHER........................................... RE:....... PEBBLE BEACH COMMENTS: I witnessed the application of tha stone e:car coat tc the roads and the beach parking area. The application of the stone coat was done on June 21, 22, and 23. The contractor applied the stone coat to the roads and the parking area in accordance with the Town Highway Speci- fication. The application of the stone coat is hereby approved. RECOMMENDATIONS: /i ~ ~ , EDWARD J. BADE PROFESSIONAL ENGINEER a d INSPECTION REPORT No.....~~~... To:.......RaY.?11.Q.?~~1...~.r...A?.an.r...SuPt• DATE ..sI.une...a..6.r....?~.9.Z8.......... Town .Highway Department TIME . .......+~941ti~}.Q~:.d.a..N: Yr WEATHER........................................... RE:.........PEBBLE BEACH a 'r. i R COMMENTS: l inspected the condition of the road surface to determine if the stone wear coat could be applied. I o found the road surface to be in sound condition and the stone wear.-coat can be applied. The turn-around at the end of The Crescent has been enlarged to an acceptable size and can receive the stone wear coat. The entrance to the subdivision has been repaired and can be stone coated. The beach parking area is in acceptable condition to receive its stone coat. r E r u i e r RECOMMENDATIONS: i r i ;j r ~ ~ y~~ - r: ~ , ~~-~~-?G ~`/i 3 ~ ~ k EDWARD J. BALE PROFESSIONAL ENGINEER INSPECTI9N.REPORT No..25i...... To: Raymond C..Dean, Supt. GATE .,,,...Aril ~t 178 ....T.cwn..Highway...1]epartment TIME ....rSQ?zt1.ri91a.e...~,.~ WEATHER RE:...... PEBBLE BEACH COMMENTS: I inspected the roads in this subdivision and found the following conditions: 1. The road surface has only its' oil and sand coat and is showing extensive wear. This wear will accelerate with the increased building activity and in time the surface will rupture and the road base will be subjected to usage it was designed to accomodate. It is recommended that the oil and stone coat be applied as soon as possible. At the very least a coat of oil and sand should be applied. (The application of an oil and sand coat now will not relieve the developer of the responsibility of applying the oil and stone coat but will preclude expensive road base repairs later.) 2. Catch basins at the entrance are silted and should be cleaned. 3. The road surface at the entrance is badly eroded and must be repaired. 4. The turn-around at the end of The Crescent must be enlarged to its' proper size as shown on the map. R(~11~1~TIONS: 5. A uniform technique of bringing the individual driveways across the swale has not been estalbished. It is re- commended that a layer of crushed stone be applied to the surface of the Swale first and then the particular driveway surface be applied. i / , . I _ i September 6, 1977 ~ ..~w.... i ,i Tp Whom It May Concern: The following action was taken by the Southold Town Planning Board at a regular meeting held October 4, 1973. RESOLVED that the Southold Town Planning Board grant preliminary approval to Pebble Beach Realty Subdivision located at East Marion, Town of Southold. Yours truly, Muriel Bruah, Secretary Southold Town Planning Board F i i _ ~ _ _ i ~ , CSC OCD_ ~ ~ ` , t g~FFQty~, I~ ff~`; ikx xi, ~f' a . OFFIC CAF<=, ,DWN'' 'r~ORNEY ~ 4t''~ TU l~P,.ll~a5. T~ LD ROBERT W. TA6KER ,~~01 ~",'f1 TELEPHONE TDWN ATTD RN EY 477~740D 425 MAIN ST. GREENPGRT, L. l., N. Y. 11944 September 18, 1975 Hon. Judith T. Boken Southold Town Clerk Main Street Southold, New York 11971 Re: Pebble Beach Farms Performance Bond Aear Judy: The Planning Board has requested that the original performance bond filed by Pebble Beach be amended to include the maintenance of the common areas until such time as the common areas are deeded to the property owners association. 1 have received and enclose herewith a rider to the original bond in duplicate. This should be made a part of the original bond No. 914554. A copy of this letter is being sent to the Planning Board, Yours very truly, ROBERT W. TASKER RWT:MY Enclosures f ' r r• , • i, ~1t~ ~ • REPUBLIC If~lSUF~f,f~dCE CC9IVIPA~IY ti 129 FULTON STREET ~i NEW YORK, NEW YORK 10039 B O N D KNOW ALL MEN BY THESE PRESENTS, That We, PEBBLE BEACH REALTY INC of 620 Hempstead Turnpike, Elmont, New York as Principal and the REPUBLIC INSURANCE COMPANY a Texas corporation authorized to do business in the State of New York, having an office and place of business at 129 Fulton Street, New York, New York as Surety are held and firmly bound unto the TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, AS OBLIGEE in the sum of ONE HUNDRED TWO THOUSAND AND 00/100 ($102,000.00) DOLLARS lawful money of the United States for the payment whereof to the Obligee the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. SIGNED, SEALED AND DATED THIS 3rd day of April 1975 WHEREAS, the above named Principal has agreed to comply with the terms regulations and conditions of the Town of Southold in connection with the completion of items 1 thru 4 as shown on Town Engineers Estimate dated February 24,1975 for subdivision of Pebble Beach Farms situated in Town of Southold, Suffolk County, New Yor and in connection therewith the Obligee desires this bond to be given; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in connection with the installation of the items 1 thru 4 on Engineers Estimate in Pebble Beach Farms within one (1)Year from the date hereof, complete said improvements to be in accordance with the construction specifications of the Town of Southold, all in conformance with the plot plan. approved by the Southold Town Planning Board and to the satisfaction of the Town of Southold, then this obligation to be void, otherwise to remai>tz in full force and effect.- '~1.1~~~~ l , PEBBLE BEA H, )tGAL,ID`{.~~IN~ : , '~i.; m;~;~,. REPUBLIC SURANCE CO ANY BY, G~~ Thomas J. Ke n Attorney-in act BOND #914553 H; 104 } , `y „ • ' ' REPUBLIC (NS1Jfdr,1~CF' Ct~~d~.a.r,d`~t ~ ~ 129 FULTON STREET NEN! YORK, NEW YORK 10038 B O N D KNOW ALL MEN BY THESE PRESENTS, That We, PEBBLE BEACH REALTY INC. of 620 Hempstead Turnpike, Elmont, New York as Principal and the REPUBLIC INSURANCE COMPANY, a Texas corporation authorized to do busin3'ss in the state of New York, having an office and place of business at 129 Fulton Street, New York, New York as Surety are held and firmly bound unto the TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK AS OBLIGEE in the sum of TWO HUNDRED SEVENTY EIGHT THOUSAND AND 00/100 (,5278,000.00) DOLLARS lawful money of the United States for the payment whereof to the Obligee the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. SIGNED, SEALED AND DATED THIS 3rd day of April 1975. WHEREAS, the above named Principal has agreed to comply with the terms regulations and conditions of the Town of Southold in connection with the completion of items 5 thru 17 as shown on Town Engineers Estimate dated February 24,1975 for subdivision of "Pebble Beach Farms" situated in Town of Southold, Suffolk County New York and in connection therewith the Obligee desires this bond be given; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall in connection with the installation of the items 5 thru 17 on Engineers Estimate in Pebble Beach Farms within one (1).year from the date hereof, complete said improvements to be in accordance with the construction specifications of the Town of Southold, all in conformance with the plot plan approved by the Southold Town Planning Board and to the satisfaction of the Town of Southold, then this obligation to be void, otherwise to remain in full force and effect. il,~ PEBBLE BEACH ~.EALTXi,7723C' ~ ' BY•!~~ ~ ~tZll~ r:~~ ~f _ T_`--`-`- --=v . ) ~ f . 1~ REPUBL NSU NCE OMPANY BY. ~ _ - - _ - Thomas J. I enan Attorney-'--Fact BOND #914554 Ri ~J6 1_ REl~BLIC INSUF2ANCE COlv~NY ' , ~ 129 FU LT ON STREET ~ NEW YORK, NEW YORK t003B R I D E R TO BE ATTACKED TO AND FORM A PART OF BOND N0. 914554 in which PEBBLE BEACH REALTY INC „ is the principal, and REPUBLIC INSURANCE COfII'ANY is the surety, and TOWN OF SOUTHOLD, NEW YORK is the obligee, which bond is in the Bum of TWO HUNDRED SEVENTY EIGHT AND 00/100 278,000.00 ) DOLLARS AND dated April 3,1975 IT IS HEREBY UNDERSTOOD AND AGREED that: " Said bond is amended to insure that all roads, open spaces tennis courts shall be maintained by Pebble Beach Realty, Inc. until such time as the "Property Owner's Associates is formed" under all of the terms and conditions as are set forth in said bond. SIGNED, SEALED AND DATED the 28th day of August 19 7~, . PEBBLE BEACH REALTY INC., , BY:,is) C'~f~C/ Joseph J. Donovan, President RE LtRANCE PANY BY: Thomas J. Kee an, Attorney-in-Fact RS 113 REP~LIC INSUft~NCE COiv1P~NY ~ 1 UIT ON STREET ~ NEW YORK, NEW YORK 1 R I D E R TO BE ATTACHED TO AND FORM A PART OF BOND NO. 914553 in which PEBBLE BEACH REALTY INC., is the principal, and REPUBLIC INSURANCE COMPANY is the surety, and TOWN OF SOUTHOLD, NEW YORK is the obligee, which bond is in the Bum Of ONE HUNDRED TWO THOUSAND AND 00/100 102,000.00 DOLLARS AND dated April 3, 197,5 IT IS HEREBY UNDERSTOOD AND AGREED that: " Said bond is amended to insure that all roads, open spaces 'and tennis courts shall be maintained by Pebble Beach Realty, Inc. until such time as the "Property Owner's Association. is formed." under all of the terms and conditions as are set forth in said bond. SIGNED, SEALED AND DATED the 28th day of August 19 PEBBLE BEACH REALTY INC., BY:_ (S) CO~ Joseph J. Donovan, Presi`~ent / REPUBLIC CE PANY BY: _ Thomas Keenan Attorney-in-Fact RS 113 r LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD - SOUTMOLD, N. Y. 11971 Sib 766-2500 September 15, 1975 The Honorable Albert J. Martocchia Southold Town Supervisor 16 South Street Greenport, New York 11944 Re: Pebble Beach Farms Dear Mr. Martocchia: In compliance with the request of the town board, we ~ enclose an amendment for each of the two original bonds issued ~ by Republic Insurance Company which are now in your possession. Kindly attach these amendments to each of the originals. ~ These amendments provide for the coverage by the bond of the open areas. Thank you very much. incerely, J Leffe is P. Edson ~J,. pie i ~ ~ i 4+ J i I REPUBLIC INSURANCE COMPANY 129 FULTON STREET ~ NEW YORK, NEW YORK 10038 R I D E R TO BE ATTACHED TO AND FORM A PART OF BOND N0. 914554 in which PEBBLE BEACH REALTY INC., is the principal, and REPUBLIC INSURANCE COMPANY is the surety, and TOWN OF SOUTHOLD, NEW YORK is the obligee, which bond is in the Bum of TWO HUNDRED SEVENTY EIGHT AND 00/100 278,000.00 ) DOLLARS AND dated April 3,1975 IT IS HEREBY UNDERSTOOD AND AGREED that: " Said bond is amended to insure that all roads, open spaces tennis courts shall be maintained by Pebble Beach Realty, Inc. until such time as the "Property Owner's Associates is formed" under all of the terms and conditions as are set forth in said bond. SIGNED, SEALED AND DATED the 28th day of August 19 75. PEBBLE BEA ~sALTY INC., BY • G ( oG~GC~ - ~ REP L*RANCE PANX By• - Thomas J. Xee an, Attorney-in-Fact RS 113 . ~ ~ RE~UBLfC {NSURANCE CO~ANY Z ~ 129 FULT ON STREET ~ NEW YORK, NEW YORK 1038 R I D E R TO BE ATTACHED TO AND FORM A PART OF BOND N0. 914553 in which PEBBLE BEACH REALTY INC., is the principal, and REPUBLIC INSURANCE COMPANY is the surety, and TOWN OF SOUTHOLD, NEW YORK is the obligee, which bond is in the Sum of ONE HUNDRED TWO THOUSAND AND 001100 102,000.00 ) DOLLARS ANA dated April 3, 1975 IT IS HEREBY UNDERSTOOD AND AGREED that: " Said bond is amended to insure that all roads, open spaces and tennis courts shall be maintained by Pebble Beach Realty, Inc. until such time as the "Property Owner's Association is formed." under all of the terms and conditions as are set forth in said bond. SIGNED, SEALED AND DATED the 28th day of August 19 75. PEBBLE BEACH REALTY INC:, BY• " din>,r~i_.--•~-^J REPUBLIC NCE PANY e . BY: ~ _ Thomas Keenan Attorney-in-Fact RS 113 i I , q OFFICEc=~ ~`~1"ORNEY t W' TOV~ LU RO P,_RT 1N. TACKER 4-j'% ~~'y~y-~ TELEPHONE TOWN wTTORNEY qp9-t4 J: 425 MAIN ST. GREEN PO RT, L. 1., N. Y. 77944 May 28, 1975 Lefferts P. Edson, Esq. Main Street Southold, New York 11971 Re: Pebble B~aeh Declaration of Covenants and Restrictions Dear Sir: I have examined the declaration which you left at the office and the same is satisfactory except for the minor changes checked in the margin in pencil. Yours very truly, _.~:OC~ _ ROBERT W. TASKER RWT:MY ' Enclosure c DECLARATION MADE this 14th day of May, 1975, by Pebble Beach Realty, inc:, a domestic corporation of the State of New York having it's principal place of business at 620 Hempstead Turnpike, Elmont, New York 11003, hereinafter called the Declarant; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at East Marion, Town of Southold, ' County of Suffolk and State of New York, being the premises described in deed dated October 31, 1972 made by Arthur L. R. )Francisco and Helen T. Francisco to Pebble Beach Realty, Inc. ' recorded in the Suffolk County Clerk's Office on November 10, 1972 in Liber 7279 at page 489, a metes and bounds description of which is shown on Schedule A as attached hereto and made a part hereof, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises t for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held ~ and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, ~ and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "Map" when used herein is intended to mean the subdivision map of the premises entitled "Map of Pebble Beach Farms, East Marion, Town of Southold, Suffolk County, New York" heretofore approved by the Southold Tawn Planning Board and filed or about to be filed in the Suffolk County Clerk's Office. _ _ _ _ _ ,I 2. The words "lot" or "lots" when used herein mean the separate numbered parcels of land as shown on the subdivision I maP• 3. The word "street" when used herein means the streets i i or roads as shown on the subdivision map. 4. The word "open space" when used herein means the separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, corporation or partnership owning all or a portion of the i premises shown on the subdivision map. ARTICLE II: , The following !Covenants and Restrictions applying to i the construction, maintenance and future care of the property ' are hereby imposed upon each lot conveyed by the developer: 1. No dwelling shall be erected having less than 1000 square feet of interior living area on the ground floor. Each I~ dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall have an attached garage with an asphalt or Bluestone driveway extending therefrom to the street pavement line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. ! 2. No building of the type commonly referred to as ~ "mobile" or "modular" shall be installed on any lot. y't3 3. No commercial vehicles, recreational vehicles, trailers,! j or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. No more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. -2- < < I 6, No fences, either natural or man made, shall be erected ~ I I or maintained on any lot in excess of four (4) feet in height except that this limitation may be exceeded if required by ; the zoning ordinance of the Town of Southold in connection with 'i the construction of a swimming pool or similiar facility. However, no fences whatsoever shall be erected or grown in that i ' area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered ' to have it's front yard on the street of the longest dimension. I 7. No title in and to the bed of the road is to be ' i i conveyed to the lot purchasers. The Declarant retains the said I title and the right to dedicate and convey the said title to the I Town of Southold or to a lot owners' association, which associa- tion is as hereinafter provided. However, the land in the bed of the streets shown on said map shall be subject to easements f to provide for the installation and maintenance of all utilities ' and drainage facilities now or hereafter installed to provide a service for the lot owners, whether installed on the surface of, or above or below the ground, 8. No nuisance nor noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premise9', nor shall any accumulation of rubbish, garbage,! junk or materials of any kind be permitted to remain on said ~ premises. No advertising signs, billboards or other sign I devices shall be permitted on any of said lots excepting dev- I eloper signs which comply with the Southold Town sign ordinance. i A lot owner may maintain a "for sale", "for rent", or "pro- fessional office" sign on his lot not larger than 12" x 24", 9. No sand, earth or sod shall be removed from a lot, or excavation be allowed, to remain open thereon, except as may be necessary during building construction periods. After _3_ i I F~ ~I construction, lawn and landscaping shall be installed and maintained thereafter in an attractive manner. II 10. An owner of a water front lot fronting on the Long Island Sound shall not construct any part of the dwelling I ~ northerly of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. i 11, The individual lot owner shall be responsible for, and repair or cause to be repaired, any damage to the paved and ' drainage Swale areas of the road in front of his lot, which may be caused by the operation of vehicles or machinery during construction or otherwise. i j. 12. The use of each lot shall be limited to one family residential use. J I ARTICLE III - OPEN SPACE I It is the intention of the Declarant that the premises are i. to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the i conservation of water resources. To effectuate such purposes, ~ the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open spaces on the subdivision map, to wit: Unless authorized by the Southold Town Board, 1. No structures shall be erected or placed in or on any open space. 2, No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. 3. No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such _4_ I~ _ ~ other removal of vegetation as may be required for the proper natural preservation thereof. I 4. Subject to the foregoing provisions of this Article III, open space areas "A", "B", "C", "D", and "G" shall be used solely ~ for agricultural, recreational use of lot owners and their guests, ~ and surface water drainage purposes, except that open space area "D" may also be used by the Village of Greenport for the purpose of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans i therefor and the manner of construction thereof are approved by the Southold Town Board. 5. Open space area "E" shall be used solely as a bathing beach and related uses by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant] or it's successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. ' 8. It is the intention of this Article III to restrict the open spaces A to G, inclusive, for the use, benefit and enjoyment' of lot owners, a~}d therefor the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintain: the same at it's expense, for such purposes. Declarant further covenants and a rees that it will not transfer title thereto 5 except to an entity comprised of the owners of lots in said i subdivision. 9. Declarant covenants and agrees that at or before fifty per cent (50%) of the lots have been conveyed by it, that it will, at it's own cost and expense, establish a not-for-profit corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and _5_ i within sixty (60) days thereafter convey to such association all I of the right, title and interest of the Declarant in and to said open spaces A to G, inclusive, together with any and all private streets shown on said subdivision map and any and all areas shown on said subdivision map for future highway ~ r dedication. 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof,I and shall be subject to the by-laws and rules and regulations thereof. j i 11. Within sixty (60) days after the creation of said I association, by-laws shad be adopted for the government thereof i ~ which said by-laws:-and any amendments thereto shall be approved ~ by the Town Board of the Town of Southold. 12. The by-laws of such association shall, in addition to other matters, provide for the following: i (a) That the owner of each lot shall be entitled to one ~i i vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- i tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, in II common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and improvement of it's property and to secure the same by a lien on it's property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all changes due the association; that all -6- I _ _ _ ~ , II such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to i collect the same and to enforce the lien thereof by any i ~ means authorized by law. ~ I (f) That the association shall pay all taxes, assessments L i ~ and other charges imposed by any governmental agency as ~ i and when the same are due and payable. ~ (g) That the association shall maintain adequate fire, ~ public liability and such other insurance as it deems F. h necessary for the protection of it's property and members. (h) That the association shall use, operate, and maintain I all of it's streets, bathing beaches and other property I, owned by it ib a safe and proper manner and in accordance ~ with the laws, rules and regulations, order and directions i of the Tawn of Southold and other governmental agencies having jurisdiction thereof. j (i) That the duration of the association shall be ' I perpetual. 13. That all of the covenants, conditions and restrictions j contained in this Article III shall be construed as real i covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of ' the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, it's successors and assigns, their successors and assigns, and i i the Town of Southold, and it's successors and assigns. 1 ARTICLE IV - STREETS ~ 1. Declarant covenants and agrees to construct and main- ~ tain at it's expense, during it's ownership thereof, all streets, I water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction -7- ; I I • I ' I~ ~ of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the I subdivision map is to be conveyed or intended to be conveyed to the owner of any lot and the Declarant, and it's successors l j and assigns reserve the fee of all land lying in the bed of any I and all such streets, and further reserves the right to convey to any municipal authority, or to the association, all of it's ~ rights, title and interest in and to any part or all of such streets, should the Declarant, or it's successors and assigns at any time deem it expedient ~to do so. 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the i Southold Town Planning Board, in such manner that the unpaved I portion thereof provides for the drainage of surface water within! the subdivision and that it is imperative that the unpaved portion of said streets be used and maintained in such manner ~ ' as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said I street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense ,make such repairs thereto as may be directed by said Board. No lot owner shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. 4. Declarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance with the requirements of the Town of Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5. The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe and proper condition. ,I IN WITNESS WHEREOF, this agreement has been executed the day and year first above written. ~r• , "Sy PEBBLE BEACH REALTY, ZNC., by: ~ ~ - 1 i c-, N ' - ~ r ~y Toseph J. President ~4• y~. i STATE OF NEW YORK, COUNTY OF SUFFOLK ss ~ On the 14th day of May, 1975, before me personally came JOSEPH J. DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malverne, New York 11565; that he is the President of Pebble Beach Realty, ' Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; ~ i, that it was so affixed by order of the board of directors of ' said corporation, and that he signed his name thereto by like j, order. I; LEFFERTS PAINE EDSON I, NOTARY POSLIC, State of New York No. 524077685 • Suffolk County Commission Expires March 30, 1972 i. jI i ill -9- i ~1"°n"''°'°"'°°rO1'°'"'- TITLE No. 72-5-04720 SCHEDULE A ~ DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the northerly side of `lain (State) Eoad ad]oining the southeast corner of land•of Rutkowski Estate; running thence northerly along the lands of Rutkowski Estate, Village of Graenport, F.F. King the following courses and distances: (1) North 16' 25' 30" Weet 272.05 feet (2) North 16° 40' 30" Weat 447.07 feet _ (3) North 16' 23' 20" ldast 127.47 feet (4) North 15° 28' West 102.95 feet (5) Notth 15' [y' 30" Wast 310.56 feet (6) North 16° 16' West 260.73 feet (7)'North 16° 29' 20" West 295.93 feet (8) North 16' 31' 30" West 266.33 feet (9) North 16' 29' 10" West 167.1£•feet (10) South 69° 47' TO" West 542.88 feet (11) North 21° 46' 00" Weat 692.45 feet (12) South 66' 28' 10" West 604.90 feet (13) North 23° 22' 40" West 1365.0 feet to the Long Island Sound; thence northeasterly along the highwater mark of the Long Island Sound the following courses and distances: (1) North 38° 10' 40" East 406.74 feet (2) North 52' 02' 40" East 317..06 feet (3) North 59° 36' 00" East 434.78 feet (4) Nortls 38' 09' 30" East 623.16 feet (S) Nortls 32' 44' 10" East 499.30 feet (6) North 26° 50' 20" East 697.59 feet to land of Birten; thence southerly along said land tlse following courses and distances: (1) South 15° 18' 10" East 300.0 feet (2) South 13° 54' 10" East 816.76 feet (3) South 13' 31' 30" East 436.67 feet (4) South 13° 26' 40" Fast 557.97 feet (5) South 12° 41' 40" East 314.36 feet (6) South 13° 40' 10" East 446.72 feet (7) South 11° 47' East 126.63 feet (8) South 13' 00' 20" East 132.76 feet (9) South 13' O1' S0" East 505.25 feet (10) South T3' S6' 20" East 200.0 feet (11) South 15' 39' 30" East 200.09 feet (12) South 13' 36' 4A" East 262.01 feet (13) South 13' S6' 20" Eaet 265.0 feet (14) South 12° 37' 40" East 153.04 feet (15) South 15' 10' Fast 213.04 feet (16) South I6° 14' East 90.07 feet (17) Soutn 16° 35' 20" East 239.G'i feet (18) South 72° 25' 10" West 144.42 fret (19) South 19' 47' 10" East 370.3 feet to tho northerly aide .._su of gain Road; theae~ westerly alo-•. r'~~ nort':~~ri~• aide of 'lain Rosd the following courses and distances: (1) South 56° 13' 40" West 255.0 feet (2) South 58' 06' 10" Waet 339.0 feet (3) on a curve bearing [o the right having a radius of 812 feet a iiatance of 120.86 feet to the ~ Mf: T corner of land of Rutkowski F.etate the point or piece o~' beginning. r _ March 5, 1975 Southold Town Board 16 South Street Greenport, New York 11944 Res Pebble Beach Farms Gentlemens The following action was taken by the Planning Board at a regular meeting held February 24, 1975s RESOLVED that the Southold Town Planning Board approve the final map of the subdivision Down as "Pebble Beach Farms" aub~ect to acceptance by the Town Board Of the bond, receipt of the inspection Fee, approval by the Suffolk County Planning Commission, catch and leaching basins and piping as agreed to at meeting with the 3uper- intendent of Highways. Town Engineer, Lawrence M. Tuthill, and Mr. Joseph Donovan at meeting held February 19, 1975. Enclosed are Copies of letters received trom Larry Tuthill and Howard Young. Also RESOLVED that the Southold Town Planning Board recostmsend to the Southold Town Board the bond estimate in the amount of $380,000 for the subdivision known as "Pebble Beach Farms" as prepared by Lawrence M. Tuthill, P.E. Attached hereto is copy of the map. Yours truly, Muriel Brush, Secretary Southold Town Planning Board i I r---i6- LAWRENCE M. TUTHILL PROFC~BIONAL EN OIN EER IHLR LANE EYT. GREEN PO R7, N. Y. OR[[w ~owr 7•t653 i Februaxg 24, 1975 Southold lbwn Planning Aoard Main Street Southold, DLY, I,~: Pebble Reach Subdivision, Fast Marion Gentlemen; My estimate for the bond for roads ixi the subdivisidn of Pebble Peach, Fast Marion is as follows: Land clearing ffi 1,000.00 Rough grading 2,1i0n, cy # 1,OO,~cy 2,Li00,00 Fine grading 11,6(!C if $ ,50/lf 5,800.00 Surfacing 11,600,00 if Ca ffi 8,00/lf 92,800.00 Sand drains 35,0('0 cy ffi 1.50/cy 52,5C!0.00 Catch basins 11 !S 700.00 7,700.00 Manholes 2 ~ h 700,00 1,l~00.00 leaching basins 4 ^ ffi 1,400,00 5,600,00 Drainage areas 18,000 cy ~ $ 1.50/cy 27,000,00 Pipe 1P. R¢( 1,130 if ffi 10.00/lf 11,300.00 Water mains 9,300 if ffi 10.00/lf 93,000.00 Hydrants 9 (r~ 600.OC ea. 5,400,00 SiP,ns (7 stre°t, 6 stop, 5 dead ead) 60.00 ea, 1,080.00 Monum®nts 170 Cw 9E 25.00 ea, 1t, 250.00 Harriers 5 ffi 300.00 ea. 1,500.00 Administrative costs 15,250.00 Increase costs over 3 year period 52 OCO,OG I ffi 380,000.00 Respectifully submitted, ~}~-yam /~n O~ i NOTICE OF HEARINGS 10" West 339.0 feu,.; (3) on a curve bearing to right - j NOTICE- IS HEREBY GIVEN having a radius pf feet a i that pursuant to Section 276 of the distanceof 120.64 #Get to the Town Law, public hearings will southeast corner of land of '.I be held by the Southold Town Rutkowski Estate the point Planning Board at the Town or place of BEGINNING. COUNTY OF SUFFOLK, ~ ' Office, Main Road, Southold, 2. PI,~t~oEproperty..owned by STATE OF NEW YORK, i ss: New York, in said Town on the John Pbntinc, entitled."East Hill ,4 4th day of October, 1973, at 7:30 -Section I", consisting of a parcel o'clock in the evening of said day, of land situate, lying and being at 5 t~13T t, C , , ,1)OTm2.I7 , , , , , , being duly Swora. on the question of the preliminary Peconfc, in the Town of Southold, approval of the following plats: County of Suffolk, and State oe says that he. , is Printer and Publisher Of the SUFFOLK 1. Plat of property owned by New York, bounded and Pebble Beach Realty, Inc., en- described as follows: WEEKLY TIMES, a newspaper published at Greenpost. fn said titled "Pebble Beach Realty BEGINNING at a point on the ICI Subdivision", consisting of a westerly line of Indian Neck Lane COUaty; and that the notice. Of which the S1IIIIexed is a pxiated parcel of land situated at East where it intersects with the ~ has been ublished in the said Suffolk Week Times Marion, in the Town of Southold, southerly line of Leslie's Road; py p lY Suffolk Coun[y, New York, and running thence along the said OriCe fn Paeh Week, foT , , , ,one (1) , , , weeks bounded and described as westerly line oflndian Neck Lane follows: in a southerly direction a SnCCeSS1VEiy dammeIICfng OII the .......?7th BEGINNING at a point on distance of 1127.00 feet to land , - 7 3 the northerly side of Main now or formerly of Anton Kull; rlgy of tember ~ 19.... (State) Road adjoining the running thence along said land •.-f southeast corner of land of now or formerly of Anton Kull; ; , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Rutkowski Esta[e; running in a southwesterly direction a 27th i thence northerly along the distance of 420.0 feet; running SWOIII t0 before a this ; ' several lands of Rutkowski thence along other land of John Se t 7Rber ~ Estate, Village of Greenport, Pontino on a course at right day Of ' ' ' .p ' ' ' ' ' ' ' 3 ) ..L F3. King the following angles to the said southerly line , v+~~~r~{~~~ ~J Q~/~~r coirses and distances: (ll of Leslie's Road a distance of "`5.~ North l6 degrees 25'30"West 170.00 feet; running thence still 272.05 feet; (2) North 16 along the said other land of John degrces 40' 30" West 997.07 Pontino in a northeasterly feet; (3) North IB degrees 23' direction and pazallel to the said JU.:.c, i La;~/gEiVCE T0;'rNSENcI':` zo" TSest 127.47 feet; (4) southerly line of Leslie's Road a fiJ~A,:K P1187 IC GF NEW YORk+ North 15 degrees 26' West distance of SO.INI feet: runnine 102.95 feet; ,(5) North 15 thence still along said other land Resi'Irn in suftolk county Clks. No. 52-9366350 degrees ?~*P.vl" West 310.56 of Bohn Pontino in a nor- 1 feet; (6) North 16 degrees 16' thwesterly direction and at right MY Commission Expirex March 30, 19~ 7 West 260.73 feet; (7) North 16 angles to the said southerly line degrees 29' ZO" West 295.93 of Leslie's Road a distance of feet; (8) North 16 degrees 31' 365.00 feet to the said southerly 30" West 266.33 feet; (9) line of Leslie's Road; running North 16 degrees 29' 10" West thence gortheasterly along the 167.12 feet; (10) South 69 said . southerly. line of Leslie's degrees 47' 10" West 542.88 Road a distance of 965.00 feet to feet; (11) North 21 degrees the pofnt of intersection with the 46' 00" Weat 692.45 feet; (12) westerly line of Indian Neck Lane South 68 degrees 28' 10" West at the paint or place of 604.90 feet; (13) North 23 BEGINNING. degrees 22' 40" West 1365.0 Any person desiring to be heard feet to the Long Island bn the above matters should Sound; thence northeasterly appear at the time and place along the highwater mazk of above specified. the Long Island Sound and Dated: September 21, 1973 following courses and BY ORDER OF THE distances: (ll North 38 SOUTHOLDTOWN degrees 10' 40" Eaat 406.74 PLANNING BOARD feet; (2) North 52 degrees 02' JOHN WICKHAM, CHAIRMAN 40" East 317.06 feet; (3) 1TS27 >z_.._ NOTICE OF HEARINGS South 15° 10' East 219.04 feet; ~'-6) South 16° 14' East 90.07 NOTICE IS HERESY GIVEN... t (17) South 16" 35' 20" that purauant'tA Section 276 of • dt 299.60 feet (18) South the Town Law public hearings -76° 2S' 10" West 144.42 feet; OF SUFFOLK will. be held lip. the Southold /19) South 19° 4T 10" Fast l u; v, 't'oidn Planning?1~oard at tde 890.98 feet to~'the northerly F NEW YORK TM'vn OffiEx,`T~(3~=v.It4ad, Sdutli- j '*'siiie of MaM `iR.oad; thence oltl, New YoiSc, fn a6.td Town on t westerly along' the northerly the~~:¢th day of €lctober,:'1973, at 'j ffide of Maui' Road the follow- 7:30~ o'clock in Elie 'evening of ~ing Aourse8'snd distances: fll said day, on the question of the Southb6° 13' 40" West 255.0 C. Whitney Booth, Jr., being duly sworn, says prsHminary app;oval oTahefol- ~ ~ feet (2) South 58° os' iD'• is the Editor of THE LONG ISLAND 16h~Yg plats: West 339.0 ffet;, (3) on a ~ }I Plat of property owned by curve bearing to the right R - MATTITUCK WATCHMAN, a public news- .~b ble Beach Realty, Inc., en- having a radius of 812 feet a titled "Pebble Beach Realty Sub- distance of 120.86 feet to the nted of Southold, in Suffolk County; and that 3ivision", consisting of a parcel of southeast corner of land of land situated at East Marion, in Rutkowski Estate the point or ' of which the annexed is o printed copy, nos been the Town of Southold, Suffolk place of BEGINNING. in Said LOn Island Traveler-Mattituck Watch- County, Ncw York, and bounded 2. Plat of property owned by g and described as follows: John Pontino, entitled "East Hill J ~ / BEC-INNING at a point on - Section I", consisting of a 'each week for ~wee~ the northerly side of Mam parcel of land situate, lying and qq, yy State) Road adjoining the being at Peconic, in the Town ay, commencing on the .............a.`.,l.................... southeast corner of land of of Southold, County of Suffolk, Rutkowski Estate; running and State of New York, bounded 9 thence nor herly along the i and described as follows: several lands of Rutkowski BEGINNING at a point on Estate, Village of Greenport. the westerly line of Indian F. F. King the following Neck Lane where it intersects courses and distances: (ll ~ North i6' 25' 30" West 272A5 with the southerly line of feet; (21 North 16° 40' 30" Leslie's Road; running thence West 447.07 feet; (3) i6° 23' along the said westerly line of Indian Neck Lane in a 20" West 127.47 feet; (41 North southerly direction a distance G 15" 28' West 102.95. feet; 15) of 1127.00 feet to land now or Sw n to before me this ........~.R........ day of North 15° 29' 30" West 310.56 formerly of Anton Kull; run- /y feet; (6) North 16° 16' West Wing thence along said land ~ 260.73 feet (7) North 16° 29' now or formerly of Anton Kull ~ 19~~ 20" West 295.93 feet; (8) North in a southwesterly direction a 16° 31' 30" 'West 266.33 feet; distance of 420.0 feet; run- l9) North 16° 29' 10" West 167.12 feet (10) South 69° 4T Wing thence along other land 10" West 542.88 feet (1L of John Pontino on a course North 21° 46' 00" West 692.45 at right angles to the said feet (12) South 66° 28' 10" ~T~... ~~~J West 604.90 feet (13) North southerly line of Leslie's Road L~/~/~~r.rtc.~..... 23' 22' 40" West 1365.0 feet a distance oP 170.00 feet; nm- to the Long Island Sound: Wing still along the said other ADELE vnyNE thence northeasterly along land of John Pontino in a N"tR a Punlic, s= ~ .,f NeW york the highwater mark of the northeasterly direction and fJn in ~~~~io1M Crunty Long Island bound the :ollow- Commission Ex 52 in00 aparallel to the said southerl 30, 197 ing courses and distances: (ll line of Leslie's Road a disY Pires March North 38° 30' 40" East 406.74 feet; (2) North 62° 02' 40" tance of 60.00 feet; running East 317.06 feet; (3) North thence still along said other 59° 36' 00" East 434.78 feet; land of John Pontino ;n a (4) North 38° 09' 30" East northwesterly direction attd ai 623.16 feet (5) North 32° 44' ]0" East 499.90 feet; t6) North right angles Lo the said south- 26° 50' 20" East 697.59 feet to erly line of Leslie's Road a ]and of Birten: thence loath- distance of 365.06 feet to the erly along said land the fbl- sold southerly line of Leslie's louring courses and distances: Road; running thence north- (ll South 16° 18' 10" East easterly along the said south- 300.0 feet; (2) South 13° 54' erly line of Leslie's Road a 10" East 816.76 feet; (3) South distance of 985.00 feet to the 13° 31' 30" East 436.67 feet; point of intersection with the f4) South 13° 26' 40" East westerly line of Indian Neck 557.97 feet (5) South 12° 41' Lane at the point or place of 90" East 314.36feet: (6) South BEGINNING. 13° 40' 10" East 446.72 feet; Any person desiring to be (7) South 11°, 4T East 126.63 heard on the .above matters feet; (8) South 13° 00' 20" should appear at the time and Eest 132.76 feet; (9) South 13° Ol' S0" East 505.25 feet; (10) Place above specified. South 13° 58' 20" East 200.0 Dated: September 21, 1973 Teet; fll) South 15° 39" 30^ BY ORDER OF THE i East 200.09 feet; (12) South 80IITHOLD TOWN PLANNING BOARD ' 13° 38' 40" East 262.01 feet; JOHN WICKHAM, (13) South 1S° 56' 20" East CHAIRMAN i 285.0 feet; (14) South ].2° 3T 1T-9-27 de" 1T ch 153 ad fmb n 5\ COijIMISSION Seth tA. Hubbard +`0 ~ ~''r Chairmac -t~~ ~ ~ Ize E. Koppelman ~ - Direc[oc of Plan~tng ~ ~ ~ ~ ~w, Suffolk Couanty De~~lrtan~ffnt ®>f ]Pla~;>~aua>i~ng )utiv c.N. hcain~, t.,, ~ i~(era na~Ila rn oru,l lli~~h u~oc Ilu i,pW,,ie r. 1.. I A. 1 August 13, 1973 Mr. John Wickham, Chairman Town of Scu[hold Planning Board Main Road Southold, N. Y. 11971 Re: Preliminary Map of Pebi,le Beac'r. Fealty East .Marion, N. Y. Dear Mr. Wickham: In accordance with your request the staff cf the department has considered the above captioned proposed subdivision. As brought out in the meecil;g with you and other members of the Town planning board and the representa- tives of the developer, the following points require serious considera'- tion. 1. Final arrangement of the storm water drainage system; particularly at the state highway. 2. Reconsideration of lot line arrangement in certain areas. 3. Providing continuity to the reserved (buffer) areas. 4. Certain road intersections will require redesign. 5. The alighment of the road parallel to the shoreline should be restudied and tied into the property lines at each end. 6. No storm water should be permitted to flow over the edge of the bluff and down its face. 7. Careful control of clearing and grading on shorefront lots should be exercised. 8. Restriction should be placed upon lot owners of shorefront lots to prevent them from destroying the vegetation on the face of the bluff and from creating a multitude of paths and trails down the face of the bluff. 9. The setback from the bluff appears satisfactory. -z- Preliminary Map of Pebble Beach Realty 8/1.3/73 The staff feels that the proposed use of the cluster concept for this tract is commendable and will do much to preserve the amenities cf [he toc.ui as well as preserving open space for use of the future residents of the tract. Of course, you realize that the comments of staff given above and at the meeting are only advisory and in no way do they constitute a review, khae this map is in the final stage of preparation, it should be referred to the Suffolk County Planning Commission for review pursuant to Section 1.333 of the County Charter. fiery truly yours, Lee E. Koppelman Director of Planning t' , Charles G. Lind Subdivision Review Section CGL:ec File no. 1333-SR-73-07.01 COMMISSION Se[h A. Hubbard Chairman q Lee E. Koppelman ; ~ Duec[or of Planning ' ~ ; Suffolk County Departaneaat of ]Pla~uiIIag ~ ,~'9~~ JOHN V.N. KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. August 13, 1973 724-2500 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, N. Y. 11971 Re: Preliminary Map of Pebble Beach Realty East Marion, N. Y. Dear Mr. Wickham: In accordance with your request the staff of the department has considered the above captioned proposed subdivision. As brought out in the .meeting with you and other members of the town planning board and the representa- tives of the developer, the following points require serious considera- tion. 1. Final arrangement of the storm water drainage system; particularly at the state highway. 2. Reconsideration of lot line arrangement in certain areas. 3. Providing continuity to the reserved (buffer) areas. 4. Certain road intersections will require redesign. 5. The alignment of the road parallel to the shoreline should be restudied and tied into the property lines at each end. 6. No storm water should be permitted to flow over the edge of the bluff and down its face. 7. Careful control of clearing and grading on shorefront lots should be exercised. 8. Restriction should be placed upon lot owners of shorefront lots to prevent them from destroying the vegetation on the face of the bluff and from creating a multitude of paths and trails down the face of the bluff. 9. The setback from the bluff appears satisfactory. -z- Preliminary Map of Pebble Beach Realty 8/13/73 The staff feels that the proposed use of the cluster concept for this tract is commendable and will do much to preserve the amenities of the town as well as preserving open space for use of the future residents of the tract. Of course, you realize that the comments of staff given above and at the meeting are only advisory and in no way do they constitute a review. When this map is in the final stage of preparation, it should be referred to the Suffolk County Planning Commission for review pursuant to Section 1333 of the County Charter. Very truly yours, Lee E. Koppelman Dirpecntor off Planning by (o~K-~'~ .mod. ~:Y""'"` ~a. Charles G. Lind Subdivision Review Section CGL:ec File No. 1333-SR-73-07.01 August 8, 1973 i Hon. John V. N. Klein Suffolk County Executive County Center i Hauppauge, New York 11787 i Dear Mr. Klsin: Last week this Board submitted maps and a letter of transmittal for the subdivision Pebble Beach at East Marion, tlis being in our minds one of the moat desirable clustering applications we have had. Since th®ee developers presented their first application a year ago, and since they have been extremely cooperative with this Board under the rather trying circumstances of amending our Ordinance, we would deeply appreciate it if every effort could be made to expediate the review procedure. Very sincerely, John Wickham, Chairman Southold Town Planning Board JWstle r July 26, 1973 Suffolk County Department of Health Suffolk County Center Riverhead, New York 11901 i Attn: Mr. Robert Jewell I ~ Gentlemen: Enclosed is a map of Pebble Bench Subdivision at East Marion. Please refer to our letter of July 23, 1973, in regard to this matter. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW:tle Enc. I i ~ _ _ July 26, 1973 Suffolk County Department of Environmental Control Motor Parkway Hauppauge, New York 11787 Gentlemen: Enclosed is a map of Pebbl® Beach Subdivision at East Marion. Please refer to our letter of July 23, 1973 to the Suffolk County Hsalth Department in regard to this matter. The Planning Board would appreciitte your reviewing this subdivision plan and submitting your comments. Very sincerely, John Wickham, Chairmaa Southold Town Planning Board JWstle Enc. _ July 26, 1973 'i Suffolk County Department of Planning Veteran's Memorial Highway Hauppauge, New York 11787 Gentlemen: i Enclosed is a map of Pebble Beach Subdivision at East Marion. Please refer to our letter of July 23, 1973 to the Suffolk County Health Department in regard to this matter. The Planning Board would appreciate your reviewing this subdivision plan and submitting your comments. Very sincerely, John Wickham, Chairman Southold Town Planning Board JWstle Enc. ,7v?iy' 13 r 19111 ta!lwlit 0~ ~t Ot 9aaltb i~tolk prataae AVt'yMya~1EM~Miy~Ra 1Aw 'Y+Ntlt 11901 11t1~a ~II~. ~ ~F+ J~;ifs '~.i«? 4 2a ~ iit tps ~ 09' lw~lrl+M 9M0~ #1rDii~^i~rlaa? •t 9ta~rt 9~'hMn« rd~l~ ML11 14a a~r~ittat ~tlMtw a lftM days, t~M=0 aar aM~wxc#l 1ta Wt16 1R1~a Ilaaard Mlatld 3~I~oa 1pa triataw 4+a awtwti iii i* +rwr lisr~t ~riwtrat ~ir~4rar ~r e~rr1~Y ~ l„ ~,M,3ad ~ of klria 'iMrre sa~eir+ra il1,000 tlialk a»d 190 faa1~ wlAtA st 1CAa a~MdMr+t~ l1ar~ its ail N~ law~f,ly xsal~ra? was. ~a ~a ass lrarriMMp~I11t01i Ls aagl M1+E N?a 1t? M acre ]JIIMwft . 71. Cl~ Ol' •SM~ larMily Basra aw3,1C is allawMa~d arrt a~eays dawslty ar a0t arwaad alrtiaataly 0«07 IIOMNrad aAm[It ~Oa'4M Y ~Ot >t #~*'~41 t ~Oa'900y. Vnda~ a~ tIM owrw? sAa31 11w trir~laat ~y'ktwe M1a~r~1t 110 tt~a !M#A1 1# qty aad r1r11a*' !9 srw,a~ to Ira ea~rr 'tea r+aei~ ew~rtra i . Clnslwwrla0 ~7 aos ~nrtwYOa area, let wldtU qqt ~ otesa~r rpaia~rad dialwuras rwws+s t0aa SM L? aall la~dlyldaal OCl~r. lC~a m~aaitalaia0ly raaarwrr~da tAia tlwtrantiap o tart e>a. t4l.L~!wiay raasaaar e 1. !f0al,s swaalts to sa~ratalyr l0 lssa iMtr 1Ja~ra aaald >or ~t~ ~ tAa aaa~tl~aual i0, 000 sgoara 9Ma a~aaix0 wiitlr pe+o~rlatc~? i'ar so~ada aad parks. ~ tu1Cltr].~r: Cawaty uaa~,th nt - . ~'nl~t 197J 2. f~alat~p~?7. rata: is awri~,ab?~r. 3. vlxt+~at.~ a21 t~ra erlaa~trara wwl.~ ba loaa~Wrd ~aa ie~a +r~am'~rEsoat aar San naa~ri~:y whaa~a~ araaa aA4 aaara~uraaly r+os~t oEC t4a wti~ lrlr aka 1aa3. aaw o! w~.ot is ~1y alrota+r dare agpeiarrl#ntal ter, ~ saww~at s~ai~art aar~ is 1wrats ~rrra, sasrare 1hq~at, ihaa ~ abaaie aawalaauetv+rly a ~r ~t aaaa taac ab~ant S!i data aad ~etadli~rs try trio 'Powys a~?aw seat ~saatas +Mrasitcyr aaa b+~ aaaaarrw~ata~ +Ktt tfra ynnrid~raitai rraa. 3. ~rri~ Isaa ytot a ~c•at yyar~ ~rraysa ra~a4 dtanra3~agwyralt t4oa aThox~atyeaae ~aat;iar ~~w1Ria~r ias ~ sostc yy+yetisi~aa~tyRx~ rasa, yaryryyr~siwLa yra~a~ flea aaystycal aoyra a!~ioysilyynnai 3aaR1, yyot oa,7.~ layr tayrralysg ~ apaa~a bat alyr® as aats~at ysyna toe all ~t tyraah ryattear yraaawraas. !Oa ~loaatheld ~lysyya~yrq soayr8 yrsap~wottsyU yragyyaa~a ayrtias as tiyis yrutrAi+ri~yria~a ale tla a~asxtaat poaa ~ t~sa io r?~yr e! iakws tayyt tAat tna 8rrr,ls~rycs Mawr bMym cost aaa~ai'a1tlw and burars yoada tad olyaagss is tM days sees t~sa ~ssanfna, atr awr yr~wat. . tis~a wryry a~lyrst+yyriaR amaras~t yas iys paaaa Aso a~syr sw~a~attayr» Vaty styy~rrtly. ~o~a ~~r Clyy/l,ytyrayy 1iaytAo1~ sawn ~laysaiysy fraaad JKs Lela as: ~yraa?. , v.x. ilaeha, C~aaty ayraarsleiw !lo1k Csr~a~ ~rstyrtat y)L tlayystys~ _ ~ ~#llri~t N,.Mt~ ~tr ~~~r ~ICIIMIIr~ ~?1!h Matl~s2~ 'Ybwa lioayrd o! Ap~aala Ala lawoah lttalt~ I ~l ~1~ ~ ~ t 10'lY i ~!!lllt I~ri4!' ~psOsrtMOat of floalth #~[lQellt d'soator 1LLwatlw~t, .Mar tEO1Ne ilflll ~ Xtta a 10c • #0 J1. 1lil3a?r 1.3. ~ i i 1a to tbs ~ mil! M~a?sh iaa*d3vislsa Ott fh?st lu~sfoe, ~tret ~f~r snbwlttsra ~ritiLLa • for dy'E. tl~esrr ~ sosorsl~ t3wst tits iawu?tit Natld files tar i1~1~o slosac slarse is ows li~rst lsryo sabdirisiea ~ rase +ris~nlw?=l~aq war lh~~ warms +arpr~d tiu~diu+u~a+~. 1. lpwr ~ t~saiaq eas+~tlasaoe o! tAis S~o+~a rogotsos 40.000 + i~oet aad 1110 toet xidtl? st t>ee ntles+Ile 1Lao is ell eiaflo p41M'l~l,~ r+rsi~doaoe MMr r !1'~I11P! Iu1dR ~ ae os~lttailsre is ~X Lst flee !Rr ~ #ad l~rrest sewos. S. Clustosiap ap sis~tlw tarilY rewid~msos Daly it s1laMSd call awit~p doa~siar ~ aet o~eeosd aprsaacl~.ataiy o.~a I?er... pp p?oee~a ~ 00+i ~e 41t,lNA • 4o,eps~. varier aaah aa~steaeiaq 1~ee e~? eieall M rrrerar ao0ati~ro oassasat M t#?e ~ im qty sad e++aomp~ o! spsw ~~A to bo eesroy~od to tleo ~ usurers 3. Clasteriav asy aot soiaeso saros, lot widtA aac r~ otl~at roq»iarod distesoe swzo tl~ra ffipp fa •ar iadirridwl ? ° ~ Tllie ~easd W~3+eMitttlSq}.y' rorcasrsads tleis eltRStosiaq ~IaeMpt ter tblt ~`phlawiap 71'11~Y111?t 1. 'Ohio dosi0a rosalte la siastsl~ 10 loss fats than rr?sld be Yiolklod ~7 tAe oaa'rsatl+ootal 40.004 ~n ieat spetm0 rith ps+m~risrtee? 0or reads aad gorlcs. I', _ 1KYll01k Ce>77itY 1lia~.tll l~prateANit - y J~1Xy 13, 1973 7. ~rD~A~a~ Illrtit !a arai3aet+le. 3. Viatialrlllly a21 luine el+eatearl read br lcloated ~ R~ 7rllOalllae~tt Z1t 17MrV3.~.p aee1411d aaeas a71s eaueswrre2g L ~a! twr epsle + w1.11 he aka lasd?, rwmwr o! wl?ieh is sxea+~ly shetsa felt asrtaekamrai tae. ~ • Jl 7RrriIrYllat a~1Ma iilsi 3a t1111I / ~araaa p+Diat ~ brit a~rr~rLwe11 aheet saaile7liwly a earwrea aesl~uet aaw?r !er aeaasep ea7?~ ~wr~Et~irith past. tilea aesi4eat~tal n,ee. S. 9c~.17 ~erw ha71 l~aa ~ yraeae 7era~' yw~aar aa~waagre~! i EGrnrrnt~ el eh. aAeaelaeae ~sar!#aa renrsllttrg is a r,esa aatatstases~ry tas base, alraav+htls aetahaiM the eeatar~ eean i el a!!7sl~s~litraaal la~e4r 71st oarlr !ea larataq aad epele 71pi6fe bgis alse as eaeeLw~wt aaer lea sera. ali ~ie~aeeaat laeah aroma i tare le~eel~reXd ~aNa pla7eat~r~ 8e71a>~ aw7lpaetlnll argae~tta astiaa o7e e1el,a areMirrssl~oa at twi 4aatiarst poesii~e ti~a is vlen et ttre last twee ttee ebwrleprura h7rw baea ,rs?st atlve a7ri1 ba+r+r 7eaae a+yer?tes swe7wlse is tbwl platy ow7e abe ae er7a sll~ewt. I7ele+wl• elms ~ slwtlealslp twli 171 i1o aver wr~geat~aae. 1 very st7easa+sy. Jeha Cwtlaar7i fatetma13,8 i~eree pi+a7aLa9 sea7nt hilts tle ees >~aa. bows Y.N. 1C1eL1, Ceaaty llge~aettw srellsik Cr~talgr l~ra,~wat el tlaa~ei7rr! sr!'leilt Csu7tag 1'~rp71aia1+wnt e! harrl:srrreaeal Csatsel 11a71. ,elhese M. ttaaeesehla, ~ieea, ieaths3d t+anne ieeet3riLdl '1'OMa fleaad e! 1lppeala tehil!a seaith 1re7?laX I i _ _ ~i~L~£trttl~ Epttr#men# `(~afnn of ~anfl~nl~ ~ecuxit, ct~- 11958 RAV MOND C. DEAN Tei. 765-3140 Superintendent 734-5211 July 18, 1973 The Pianning Board Town of Southold Southold, New York Gentlemene I have inspected the plot plan and lot sketch layout ~ of Pebble Beach Realty Subdivision, East Marion, New Yoxk, I and approve of the road ends, Very truly yours, ~ ~i RCD:esp ~ RAYFDND C, DBAN Supt of Highways . ~ F August 2, 1972 Lefferts Paine Edson, Esq. Main Road Southold, iVew York 11971 Dear Mr. Edson: i With regard to your letter of July 20th to the Planning Board, August 15, 1972, at 9:30 P.M. has been set for a meeting with Mr. Joseph J. Donovan of The Equitable Savings and Luen Association of Brooklyn. I The Soard meets at the Town Office, Main Road, Southold. Very sincerely, John Wickham Chairman JW:tle I~ i i r LEFFERTS PAINE EDSON ATTORNEY AT LAW MAIN ROAD SOUTHOLD, N. Y. IIfl71 616 755-2500 RUDOLPH H. BRUER July 20, 1972 'I Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Dear Mr. Wickham: I The Equitable Savings and Loan Association of Brooklyn is under contract to purchase the 160 acre parcel of land of i Francisco which adjoins the East End Golf Club on the East. Joseph J. Donovan, Vice President of the bank, is in charge of the proposed development. He would like very much to have a face to face preliminary discussion with you about the phases of the development prior to his ordering any serious survey work. Mr. Donovan can be available at any time for a meeting with you. I would therefore greatly appreciate it if you would let me know when it would be convenient for you to have such a meeting. Thank you very much. Sincer ly, Lefferts P. Edson LPE:dbc i r _ INFORMATION IN REGARD TO APPROVED SUBDIVISION i Name of subdivision ~e~C-~\\ SCTM# 1000- a 1 - s - - z - ~ - G - tz^~ ) ' Subdivision approved by Planning Board on Subdivision filed in Suffolk County Clerk's Office Zone at time of approval ~ Current zone Date zone verified ~ Clustered subdivision: Yes~_ No Covenants and Restrictions filed for subdivision: Yes No (see below/attached for details) Building envelopes shown for individual lots: -Yes No~_ If No, set-backs for all lots within subdivision: Front 25 ' Rear ~ Side yard 7, 5 m~N.' 17, 5 ~ -~2 bdtl, , x ( IOU S~G~'~cc.<Iz Sewn ~de ~p{.g ~ SO~+YV C1 , Comments:~~.~~g_~%vc sefb/ (ct reu~ew~ed 6.. ~a~ ~sl. Q~./V1.S~;v?o ~e~ maw .,/~S n~ sl.F'c sef ~u<Frs /Fo~veuP~e re~ort~s ton-(~in, a „S.~ ` 1 n vt~4'~ c ~o `NC a ~'v~~lot lQyo.sl- wi`tL. -C'1~e abor-~ III VlMiY1~T ~ Nf ~ ~Ip. C~S~ ' 3~~y1~7 I'~ ~ DECLARATION MADE this 14th day of May, 1975, Pebble Beach Realty, Inc., ;i a domestic corporation of the State of New York having it's ii II principal place of business at 301 Clay Pitts Road, East Northportt New York 11731, hereinafter called the Declarant; WH~RE~15, the'Decl~rant is" the owner iri fee simple of a i t certain, parcel •of. `land 'situate``at East Marion, Town of Southold, ! r v 3 n.Y r' "p .v a County of Suffolk and State of New York, being the premises i described ,in cjeed dated October 31, 1972 made by Arthur L. R. Francisco and Helen T. Francisco to Pebble Beach Realty, Inc. , recOi"ded in: the ..Suffolk County„Clerk's Office on November 10, ~ ~ 1972 in'Liber47279:at page 489, 'a metes and bounds description of whichl~its.shown on Schedule'A as aEtached hereto and made a part hereof, grid referred to herein as thee.."premises". Ii WI~REA$,-the Declarant intends to subdivide said premises- i ~i for residential purposes and desires:: to subject said premises to certain conditions, covenants and restrictions. ,-..NOW,THyEREFORE, the Declarant does hereby declare. that ~ 9 pY Kl, ~.i - ' ^ the aforesaid premises and`every portion thereof is hereby held and :shall be~conveyed subject to the conditions, covenants and II restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed'thereto,~ cotenants and agrees=-that the premises so N;;,,~ 'Y . 1 purchased,shall be held suh3ect to the covenants,_ conditions ~s J s i ~ ur i~' , ari~`~~~'e~~tYrc~~~ns her~ir~~'ftXer s'et` ~o~''~h°~.~~`~'"~ 1 v I , may, € , ~ ~j ARTICLE I, ~EE'IN121ONS~~~ x, Jk , 4'. r,~ of $~-j u ~ .~~5 . n ~ u. -n " Y 7 1 ? ~ 1. T"!ie 'words $uTidivisioix , Subdidi`sion Map or Maps' x+.~~ ~ l~ ~ - M'"~~ ~ .mod' ~~n j wh~es'~~'=~~~ u,."~'~c~~~r'~in`' ~is int~hded to' m``c~an~{(~y~lte~ siib~r~ivision map of. a t "~y S~~T o~~ ~ d'b^; ~r t bCr, ~ r z ~~w w zK' '~^~»5°~<". ther~mas"'e~tx~led ~~r of pebble,;~Beach Farms, East Marion, " t ~ ~ ~ ~ E x< yt ~ t~ho~lc~,'' f ~ bun~°`yy`~k~`' ~`or7c". Heretofore approved '~~`S+"4 ~ ~ ~ ",fir? ~ } ~ti a` ^c a y# ~ . by, e~g5~~~holcl Towh~ Plsihr~in~ i~bardr~and' filed or abi~ut to be t ~ , . ~ filed in'the Suffolk County ~Clerk's~Office. 1~ _ i i l h 2. The words "lot" or "lots" when used herein mean the j' separate numbered parcels of land as shown on the subdivision li map. 3. The word "street" when used herein means the streets I I! or roads as shown on the subdivision map. ~i 4. The word "open space" when used herein means the separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual,) i corporation or partnership awning all or a portion of the i premises shown on the subdivision map. ~ i ~I ARTICLE II: ~i ~s I The following Covenants and Restrictions applying to ~ the construction, maintenance and future care of the property I I~ are hereby imposed upon each lot conveyed by the developer: I 1. No dwelling shall be erected having less than 1000 i ~ i square feet of interior living area on the ground floor. Each i dwelling shall have a full basement made of concrete block or i~ poured cement walls. Each dwelling -shall have-an attached garage with an asphalt or blueatone driveway extending therefrom to the street p~vement line. Each dwelling shall have a gable, ~I hip, or pitched roof. No flat roofs shall be constructed. if 2. No building of the type commonly referred to as f~ i; i, "mobile" or "modular" shall be installed on any lot. 3. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. No more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. -2- ..1 ii ! 6. No fences, either natural or man made, shall be erected it or maintained on any lot in excess of four (4) feet in height ~i except that this limitation may be exceeded if required by the zoning ordinance of the Town of Southold in connection with the construction of a swimming pool or similiar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by extending the rear line of each house to each aide line of the plot. Each corner lot shall for these purposes be considered to have it's front yard on the street of the longest dimension. 7. No title in and to the bed of the road is to be conveyed to the lot purchasers. The grantor retains the said title and the right to dedicate and convey the said title to the ` Town of Southold or to a lot owners' association, which asaocia- I' tion is as hereinafter provided. However, the land in the bed I~ of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities ~i and drainage facilities now or hereafter installed to provide ii service for the lot owners, whether installed on the surface of, or above or below the ground. j 8. No nuisance nor noises of any kind, unwholesome and I~I offensive to the neighborhood, shall be permitted to exist I' on said premises, nor shall any accumulation of rubbish, garbage, ~j ~ ~ junk or materials of any kind be permitted to remain on said I premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- l eloper signs which comply with the Southold Town sign ordinance. i I{ li A lot owner may maintain a "for sale", "for rent", or "pro- i~ fessional office" sign on his lot not larger than 12" x 24". 9. No sand, earth or sod shall be removed from the premises) Ii or excavation be allowed to remain .open thereon, except as may be necessary during building construction periods. After II a i; -g- 1' n i i ri~' f ~j construction, Lawn and landscaping shall be installed and I Ii maintained thereafter in an attractive manner. 10. An owner of a water front lot facing on the Long island I j' I i ii Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. 11. The individual lot owner shall be responsible for, and repair or cause to. be repaired, any damage to the paved and ~i drainage swale areas of the road in front of his lot, which may !f be caused by the operation of .vehicles or machinery during ~ construction or otherwise. 12. The use of each lot shall be limited to one family I~ residential use. ~j ARTICLE III- OPEN SPACE n i It is the intention of the Declarant that the premises are fj to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the ~ i~ purposes of natural. beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the f! conservation of water resources. To effectuate such purposes, 1'. the following conditions, covenants and restrictions are hereby ii 4I imposed on those portions of the premises designated as open j! spaces on the subdivision map, to wit: Unless authorized by the Southold Town Board, is n !t 1. No structures shall be erected or placed in or on any I 1. ~ open space. , i! 2. No sand, gravel, top soil or other material shall be - removed from any open space nor shall any such materials be i i, deposited thereon. 3. No trees, or other vegetation shall be removed from. any open space except dead, diseased or decayed trees, or such -4- i i ' 9 r II other removal of vegetation as may be required for the proper natural preservation thereof. 4. Subject to the foregoing provisions of this Article III, I~ open space areas "A", "B", "C", and "D" shall be used solely for agricultural, recreational use of lot owners and their guests, I~ and surface water drainage purposes, except that open space area "D" may also be used by the Village of Greenport for the purpose ii of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans ij therefor and the manner of construction thereof are approved ii i ~ by the Southold Town Board. II 5. Open apace area "E" shall be used solely as a bathing it beach and related uses by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor h vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject ~ I ~ to such reasonable rules and regulations, including fees and 'i charges, as may from time to time be established by the Declarant,, om its successors and assigns. Such rules and regulations and {i amendments thereto shall be approved by the Southold Town Board. u 8. It is the intention of this Article III to restrict the I open spaces A to inclusive, for the use, benefit and enjoyment) of lot owners, and therefor the Declarant covenants and agrees 41 that it will, at all times during the ownership thereof, maintain the same at it's expense, for such purposes. Declarant further ~ covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision. 9. Declarant covenants and agrees that at or before fifty I per cent (50%) of the lots have been conveyed by it, that it i i will, at it's owri cost and expense, establish a not-for-profit ~ corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and -5- I within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and too said open spaces A to inclusive, together with any and all private streets shown on said subdivision map and any and ~i all areas shown on said subdivision map for future highway dedication. 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations i~ thereof. ~ 11. Within sixty (60) days after the creation of said I ;.association, by-laws shall be adopted for the government thereof which said by-lawaJand any amendments thereto shall be approved I by'the Town Board of the Town of Southold. ` 12. The by-laws of such association shall, in addition to other matters, provide for the followings +~+j (a) That the owner of each lot shall be entitled to one I' vote at any meeting of the association. !i (b) That every lot owner shall be subject to a propor- donate share of the expenses of the association including ~i taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of i. the property of the association. c That eve lot owner shall have an a al ri ht in ( ) x'1' ~ 4 , e i! common with all other iot owners, to the use and enjoyment i of the property of the association, subject however, to the i~ by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow ~I f' such sums of money as it deems necessary for cost of the ~ maintenance and improvement of it's property and to secure j; i the same by a lien on it's property. I~ (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay i when due any and all changes due the association; that all I i -g i i~ such unpaid charges shall be a lien on the lot of such ij owner and that the association shall have the right to collect the same and to enforce the lien thereof by any 1 means authorized by law. ~ I (f) That the association shall pay all taxes, assessments +c+ i~ and other charges imposed by any governmental agency as ' and when the same are due and payable. ii (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of it's property and members. ~ iI (h) That the association shall use, operate, and maintain all of ft's streets, bathing beaches and other property (j owned by it in a safe and proper manner and in accordance ii with the laws, rules and regulations, order and directions ~I of the Tawn of Southold and other governmental agencies ~ I' having jurisdiction thereof. u (i) That the duration of the association shall be r II~ perpetual. ?j 13. That all of the covenants, conditions and restrictions contained in this Article III shall be construed as real ' covenants running with the land and shall continue and remain ! in full force and effect at all times as against the owner of li the premises or any portion thereof in perpetuity. Said ! covenants, conditions and restrictions shall be binding upon, 1 inure to the benefit of and be enforceable by the Declarant, I. I it's successors and assigns, their successors and assigns, and th~ Town of Southold, and it's successors and assigns. ~ ARTICLE IV - STREETS i 1, Declarant covenants and agrees to construct and main- tain at it's expense, during it's ownership thereof, all streets,.' i, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction ~ I a ` of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the ~ subdivision map is to be conveyed or intended to be conveyed to the owner of any lot and the Declarant, and it's successors and assigns reserve the fee of all land lying in the bed of any and all such streets, and further reserves the right to convey to any municipal authority, or to the association, all of it's rights, title and interest in and to any part or all of such streets, should the Declarant, or it's successors and assigns at any time deem it expedient to do so. 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the Southold Town Planning Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within the subdivision and that it is imperative that the unpaved portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. li Declarant does covenant and agree that it will maintain said street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense make such II` repairs thereto as may be directed by said Board. No lot owner II shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. 4. Declarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance ~ I' with the requirements of the Town of Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets ! i and drainage facilities, whereupon said association shall I' ~i assume all of the duties of the Declarant with respect thereto. ' i! ~I 5. The owner of said streets shall, so long as the same I ' shall remain in private ownership, maintain the same in a safe ~ j and proper condition. ' _g_ i i, I i ,i PEBBLE BEACH REALTY, INC., by: 1~ (f j' 3~aeph J. D no n President II I STATE OF NEW YORK, COUNTY OF SUFFOLK: ss )ls I; ti On the /day of May, 1975, before me personally came j~ JOSEPH J. DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malvern, New York 11565; that he is the President of Pebble Beach Realty, Inc. the corporation described in and which executed the. II foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like II( order. II ~ i. i i! i! F I' i i I i clle°e 71tN Inw,nete CoeiM°7- ~ . TITLE No. 72-5-04720 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land. situate, lying and being at East Marion; Town of Southold, County of Suffolk and State of Clew York bounded and described as follows: BEGINNING at a point on the northerly aide of ?fain (State) flood adyoining the southeast corner of land•of Rutkowski Estate; running thence northerly along the lands of Rutkowski Estate, Village of Graenport, F.P. King the following courses and distances: (2) North 16. 25' 30" West 272.05 .feet (2) North 16° 40' 30" Nest 447.07 feet (3) North 16. 23' 20" Wast 127.47 feet (4) North 15° 28' Weat 102.95 feet (5) North 15. 29' 30" Weat 3I'0.56 feet (6) North 16. 16' Weet 260.73 feat (])'North 16. 29'~ 20" West 295.93 feet (8) North 16. 31' 30" West 266.33 feet (9) North 16' 29' 10" West 167.1£~feet (IO} South 69' 47' 10" West 342.88 feet (11) North 21' 46' 00" West 692..45 feet (12) South 66. 28' 10" Wset 604.90 feet (13) North 23° 22' 40" West 1365.0 feet to the Long Island. Sound; thence northeasterly along the highwater mark of the Long Island Sound the following couraea aqd distances: " (1) North '38' 10' 40" East 406.74 feet (2) North 52' 01' 40" East 317.06 feet (3) North 59' ~6' 00" East 434.78 fee[ (4} North 38. 09' 30" East 623.16 feet (5) North 32. 44' 10" East 499.30 feet (6) North 26° 50' 20" Fast 697.59 feet to land of 8lrten; thence southerly along said land the fol.lowin~ courses and distances: " (1) South 15' 18' 10" East 300.0 feet (2) South 13' S4' 10" East 816.76 feet (3} South 13' 31' 30" East 43G.G7 feet (4) South 13° 26' 40" East 557.97 feet (5) South 12° 41' 40" East 314.36 feet (6) South 13° 40' 10" East 446.72 feet (7) South 11' 47' East 126.63 feet (8) South 13' 00' 20" Eaat 132.76 feet (9) South 13° O1' 50" East 505.25 feet (10} South I3' S6' 20" East 200.0 feet (11) South 15° 39' 30" East 200.09 feet (12) South 13' 36' 40" East 262.01 feet (13) South 13' S6' 20".East 285.0 feet (14) South 12° 37' 40" East 153.04 feet (15) South 15' 10' Fast 213.04 feet (16) South I6° 14' East 90.07 feet (I7) Soutn 16° 35' 20" East 239.C,~ fce.t (18) South 72° 25' 10" West 144.42 fee[ (19) South 19° 47' 10" East 370.3 feet to th, northerly side ••.ur. of Yain Rnad; thescP westerly along she northerly Ride. of Mafn Road the follorisg courses and distances: (1) South 56° 13' 40" Weat 255.0 feet (2) South 58' 06' 10" West 339.0 feet (3) on a curve bearing to the ri^ht u.,v1nR n .radius of 812 fee[ a liatance of 120.86 feet to the --t corner of land of Rutkowak! Estate the oin[ or ~ ' p place o~ beginning. crvs° ra. ~w,~ c°mo.er- TITLE No. 7 2- S- 0 4 7 2 0 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion', Town of Southold, County of Suffolk and State of liew York bounded and described as follows: BEGINNING at a point on the northerly side of ?lain (State) Roed adjoining the southeast corner of land•of Rutkowski F.atate; running thence northerly along the lands of Rutkowski Estate, Village of Graenport, F.F. King the following couraea and distances: (1) North 16' 25' 30" West 272.05 feet (2) North 16° 40' 30" Hest 447.07 feet (3) North 16' 23' 20" Wast 127.47 feet (4) North 15° 23' Weat 102.95 feet (5) North 15' 29' 30" Waet 310.56 feet (6) North 16' 16' West 260.73 feet (7)'North 16' 29' 20" West 295.93 feet (8) North 16' 31' 30" West 266.33 feet (9) North 16.' 29' 10" West 167.14~feet (10) South 69' 47' 10" Wast 542.88 feet (11) North 21' 46' 00" West 692..45 feet (12) South 66' 28` 10" Wast 604.90 feet (13) North 23° 22' 40" West 1365.0 feet to the Long Island. sound; thence northeasterly along the highwater mark of the Long Island Sound the fallowing couraea and distances: (1) North '38' 10' 40" East 406.74 feet (2) North 52' 02' 40" East 317.06 feet (3) North 59° ~6` 00" East 434.78 feet (4) North 38' 09' 30" Eaet 623.16 feet (5) North 32' 44' 10" East 499.30 feet (6) North 26° 50' 20" Fast 697.59 feet to land of Birten; thence southerly along said land the following courses and , distances: (1) South 15' 18' 10" East 300.0 feet (2) South 13' S4' 10'' East 816.76 feet (3) South 13' 31' 30" East 436.67 feet. (4) South 13° 26' 40" East 557.97 feet (S) South 12' 41' 40" East 314.36 feet (6) South 13° 40' 10" East 446.72 feet (7) South 11' 47' East 126.63 feet (8) South 13' 00' 20" East 132.76 feet (9) South 13' O1' S0" Fast 505.25 feet (10) South T3' S6' 20" East 200.0 feet (I1) South 15° 39' 30" East 200.07 fret (12) South 13° 36' 40" Last 262.01 feet (13) South 13' S6' 20".East 285.0 feet (14) South 12' 37' 40"East 153.04 feet (IS) South 15' 10' Fast 213.04 feet (16) South I6° 14' East 90.07 feet (17) Soutn 16' 35' 20" East 239.G~ feet (18) South 72' 25' 10" West 144.42 fret (19) South 19° 47' 10" East 370.3 feet to th~• northerly side of Yain Read; theeep westerly along the northerly aide. of Maln Road the follovias couraea and distances: (1) South 56° 13' 40" West 255.0 feet (2) South 58' 06' 10" West 339.0 feet (3) on a curve bearing to the ri,^,,ht n.,v1nR ~ .radius of 812 feet a liatance of 120.86 feet to the ~ Mss r corner of land of Rutkowski Estate the polo[ or place n~ beginning. r ,.r• r }ry ze~ I . ® ~ YJ Y r' 1~ 4' Y S 1'... ~~nn t~~f t . llEi~U:7 f/LFL74 *r'~• a , " ~~~F~n`.~ r~ w ARTICLE III, Section 17 ie wa~¢i ~a~4~~~~ ,q a thereto the tolloving: ~ y s,, ~,at.•X~s~_ F rt. 'Unleu apeclfically prohibiUQ 6tt}in. ~r'~`. ~ f ~:y~; q declaration may be amended by an instt'IhMnt tigtltA by'..,y,'"~1 ' members of the I4t Owners AsaxiatioO"riferred tO above t holding let less than 90i of the votes of the fahtrthlp hsiY Any amend^ent must be properly recorded [o b• effective b_1~~:~. _ The Association shall have the right to sell or dispose of its prep[ rt ies. ygrf{f,~,C_ Lpon dissolution r.f the Aasoclatiaa, its real., e±d? - [ y*a, and personal assets, including the Coa~pn Properties.-.mall ~ ~ ~4. I ! be dedicated to an appropriate public agency at utility ta.-: be devoted to purposes as nearly as oraM icable the sat Y ~f~~$ i I those to which [hey were requ~rcd to be devoted ty the '-=r i' Assnciat ion. In the even[ such ::edication is refused a~~ept-.__i;.- ante, such assets shall be ?ranted, conveyM and aasigaad LO.,~%~" ~ any non-profit corporation, association, trtet or otbtr ,~fi$Y'~ q{... i ergani zat ior. to be devoted ec ~urpnsea as nearly as praetiei751N; :,4 the same as [Rose [e wh uh tbey '-r re required to bQ devoted ,:y~ by [he Associa Clon. xo such disposition of the Aesoeiatiall~,i~',.~a•~ properties stall t~~ effective to divest or diminish any right'`, or title tc any Member vested in nim under the licensee, Court,-,i~,~. ants and easements of this Declaration, or under any subae-~~;~:-~~.~' _a~. qucntly recorded covenants and deeds applicable to the Pro- pertic=, ;:mess made in accordance with the proviaioas of cRis D.~c:arat non or said Covcr.r,cs and Deeds. ~ '.9 ialTN FtiS WIiE REOF, the dec laraM hereunto sate >a its h;md and seal c!as ..~O ~b day of December, 1915. ,p-'. P£CRLE BEACH REALTY, 1NC.~ x d . ~ P.; ~C, p ~ nevan, rf•'~i~ I. _1_ ay~~~n ~ I i~~ aEa : l it rg' ..•,t y i • y,. r.,• v~ ,,e.:7Jf39 ,i;:~77 t,, g x~~~ r • .1Z a • > ~~a~i ~h ~F ._x~ Member aftez two (Z) ars follow ye lnq the o1a of ki" r ~}~~a~'4 t :,Jz~'. to the sale of the tint lot within the siibCiYisiob n ,j,-.t~t,- not elect a majority to the Board Of DirsCtozRr i ~ the number o[ directors arc three or 1, t1r Class- • Member shalt not be permitted to elect acre than 1 EStNTlbi~t:iq• if the numt,er of dl rectors are 5 or 6, the Claa• 8 MOwhet/'~L7..?yyej~. Ij+'7P.. I shall r.ot be pe rni tted to elect Wore than I directors ' , P ARTICLE III, Secccon 12 (el is eanttded io ~ ~ read as follows: " .I ,rl.~s 7 "?hat t9e Association shall Rave the right 4~ ht: i to suspen+: the vctrng rights ~f a lot owner for hrs tailteze ~ ,mt ~ to pay when :iue any and a22 r.:a rges aa3 assess^ents ?ue the i ~ Association; that a lot owner .hall 6e Personal lp liable to the Association for any antl alt such charges and assess-= - 'lr meats; that all such unpa i:' c.`.arges anC assesameats shall ~ -°~3. 6e a lirr. on the ;ot o: ~cch ewer and case the Assxiation e~ shall ha^e the right to collect the same and to entotq the 't Iien therecf by any me :ns aart r.c: lied Dy lav.' ' {Y ART'Il'LF. III, Secc nor. 6 la hereby amended LO add thereto the following sentences: 'Every menber of H+.e Associati.On Teferred to belOY *.i shall have the right and ease3eni of enjoyment to the opam spaces and all private streets sham on the subdivision map .nd any and all areas sho~.~n on said subdiviaioh map for future highway dedication"including such easeagat, aui- vet to t._ terns of this .ieclaration as may be needed for curcos~•r c. coast rust tor.. Su:-1. casemant shall be appurtenant s to a^~.-' a:2 pass wit:': c.. tct 2e to the lot subject only t4 " this deci~+racion and tc .-:aws end regc'at Iona of MiQ • Associat ism." , y`• ' -R,. ;t ynr=. • r ;u;272 ~ ~ • r . r AMENDMENT OF DECLARATZOP ~?'if.` a w~ , Premiaoa located at 6ooNold 1•ao.~i~ffolk OotmtY;., This document eeenda the QeelAtattOanade ty.. ~~r.;~,?.r'~~ having 1t•e ptlpelpl ottit~,aG'~ Pebble Peach Fealty, Inc.,/dated March 4, 1975 and ze-. j,• corded vn the Suffolk County Clerk's Office oa.Jwe llz~'' / ~\.b_ . 1975 in Libor ~SSS at page 09, as heretotore alaended DY " j ) the Anendaent of Ucc lara:inn dated Septeabar R, 1975 and ";4'M. ~ jai` ~ recorded in Suffolk Cooney Cl errs Office on Se?teabet ~`4 1975 ir. Libor ;914 3t ^aoe 40. ~ C ~i 'x+ ,LR7ICLE III, Section 9 is hereby anaaded to ,I w I F read as fellows: ~'4'~-' •The declacant eevenarts acd ag roes that on ":'Y~,< or before the 1st day of .!acuary, 1976, it rill at its own cost and expense c°r ~.tl:si: a cot-foz-prof it CoCpordt lC:: !o iC ~<LC'-": 13 3i•3;'1 Fartf LGC OYrlar! Assoeiatvett, Inc.' ':err vnaf cer rrterreC to as the 'ASSOCia[ion' and will convey to such asseciatvon all of the r1gRC, tide.. ~ at. and ir.c. c'at cf t':c :ier. and to said otxn spaeta - to in: IcS;ve, wio". er. ~c.i ail prt~'ate etreets mown i on sand =uLdivi sicn nap ace ur. anC ell areas shown on ~ saiC su~d:vv s:on r-~.ap fct fctcrv zghray dediption. A!tT1CLE III, Sect ion 12.aI. That the Associa- n''~v tion shall nave two classes of cenbaraisip ~interesb sa tol ~e~.. ii.' lows: Class A. Class A Mentors shall be the Cwneza a iat or lots. Such Membczs shall Se eatiL`cd to vCC USG rt 1'a5 or: U:e ba51d C`. one (1j YOC! pe[ lot Owned ~,~Q. rare n,. css ti,~ number of Ie rsons ovnitq tho lot. _ -a' Class b. Thr' 1.• C: ise 8 MearDer shall b~ the Sponsc: ,,o shall ':ava o..,. voce for each lot owned [`'h. by :hc 9port•:cr h••n.:n ,:u.: r. ehe Sabdicision. The Class DI~•,~~ ~~i ~ w f> p`'~~`,~P ~ {k r rJf'S Sr ~ r~ n AMENDMENT OF DEC URATSON ~ +~t Tliis document amends the Declaration made by Pebble ,~,4~ry caltp, [na. ~ da[ea +'ay 14, 1.975 and recorded in the ~ •faach , ` Suffolk ~'ou:~.!y clerk's r~tf ire on .Jwne 11, 1975 in LSber~7855 ~ r< a[ Pa9t'~.' 620 NemeSF~aray rap~~k 1•o~~.,nr[icl~~ fI is hereby amended in [w ~ `i' _ 1 ~ ces pee •_s: . - - ~ - _ r , ~ L ' ~ ~ ~ ' .4. The second sentence of the said Paragraph 1 i;'S~• 9 provides C.:ac each Jwelliny sha 11 have a full basemen[ made of , i :r I concrete Mock or muted cement walls. This requirement is hereb': do lc tr,d. ~ i j I}.e Lh ird ser.cence of the said Paragraph 1 , I provides chat each dwelling s!:all have an attached garage wit; ; ar. alpha l! or bLucstone dr ivsway extending therefrom to the ~ I ' j i , rn.>. street pavemc:•.t line. The requirement that the garage aha)1 ~ be al tac!'~od re thu dwelling is hereby removed, i. e., the wcxd "attach.-i is 'reroi>y deletod from that =_entence. ;y IN WITNESS WNEI'.k:OF, Che declarant hereunto sets ''•.ia ~ 1~~. , hand and seal [his E3th map of Septemb_r, 1975. I ~ i 1 FEEBLE BEACH RF7A LTY, INC., by: i - - ~ .:9 lnseph Dono~:an, 1'r~aiert ~ - c. p•_o-..c ~:r. - be tore me p. rsor. I~, cin+• ` :o n~r caa+r, o, be inq b'' .re lu 1- swore',. it n-; :.h. at 71 Flrrmo rn~ec, `la lverre, ..~~w ;~er~. ~ _ t:. ~ Pr ^s iler.c of Penb)c ue.u': kealty, i. r.c. 'c rx•ra n r. L~scr -I y:-. acd whach executed the :ore- ou.r trim ~nc t r ~ seal of saW corporation: thec tt 1 ..t tr i to n' tr.scrumen~. is sari rorpora[e seal; ~ c~.ac tt c afrt 1 nr cc or the board of detectors of aaitx co rpo r.+c tun, en.l t! ac he .t. p: r<i P.is r:ame the [cto be like order. j. J. PLANNING BOARD MEMBERS ~ SpfFO(,~ ~ C F• Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. hy.~ ~Gy, p.0. Box 1179 Chairman C Southold, New York 11971 WILLIAM J. CREMERS ti Z Fax (516) 765-3136 KENNETH L. EDWARDS WOy • ~.tC Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ?ICI ~ ~.a~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 4, 1999 Stella Vanguestaine Pebble Beach Farms P.O. Box 387 East Marion, New York 11939 RE: Pebble Beach Farms Shed within fenced area of tennis court Dear Ms. Vanguestaine: Please find the following to confirm my verbal response to your inquiry in regard to locating a shed within the fenced area of the tennis court in the Pebble Beach Farms subdivision. The Planning Board is not requiring that you receive approval for the shed which is located within the fenced area of the tennis court. I apologize for the delayed written response to your inquiry. Since el , elissa Sp' Planner I w,<~ ~ 1 , ON THE SOUND \ - P.O. Box 387 East Marion, NY 11939 November 17, 1998 Second Request Town of Southold Planning Board Town Hall - 53095 Main Street (PO $ox 1179) Southold, NY 11971 Dear Sir or Madam: Thank you for your response to the attached letter dated August 20, 1998. We appreciate your speedy reply. According to your telephone conversation with our President, Joseph Flaherty, several weeks ago, the Town Planning Board believes that the Southold Town Board does not need to grant permission for us to erect the shed as it is within the fenced azea of the tennis court. May we impose on you to briefly confirm this in writing for our files so we may have a compete audit trail of how the Boazd of Directors addressed this issue. Your reply may be directed to the above captioned address. Once again, thank you for your attention and support on this issue. Sincerely, p tella Vanguestaine Secretary En ure: 1, . ~a~~-p ~ 9 NUU 19 tyyd Southold Town Planning Board ~ • ~ ~ :id~~~d~~~ ' ~ ~ ON THE SOUND 1 P.O. Box 387 East Marion, NY 11939 September 27, 1998 Town of Southo[d Planning Board Town Hall - 53095 Main Street (1'D Box 1179) Southold, NY 11971 Deaz Sir or Madam: Thank you for your response to the attached letter dated August 20, 1998. We appreciate your speedy reply. According to your telephone conversation with our President, Joseph Flaherty> several wrxks ago, the Town Planning Boazd believes that the Southold Town Board does not need to grant permission for us to erect the shed as it is within the fenced area of the tennis court. May we impose on you to briefly confirm this in writing for our files so we may have a compete audit trail of how the Board of Directors addressed this issue. Your reply maybe directed to the above captioned address. throe again, thank you for your attention and support on this issue. Sin rely, Ste la Vanguestarne Secretary Enclosure: 1 4 .8 If ' I e I 5Ei' 3 p 1998 Southold Town Planning Board August 2o,199s Town of Southold Planning Board Town Hall - 53095 Main Street (PO Box 1179) Southold, NY 11971 To Whom It May Concern: Re: Pebble Beach Farms -East Marion, New York I am the President of the Pebble Beach Farms Lot Owners Association The Association is governed by its By-Laws and the Declaration a£ Covenants and Restrictions (C&Rs). Article III cI'the C&Rs refers to the use of Open Spaces. Section 1 states "Unless authorized by the Southold Town Board, no struchires shall be erected or placed in or on airy open space." I have attached excerpts of the C&Rs referencing the rule, as well as the definition of Open Space. We have erected an 8' X 8' shed near the tennis caul located in Open Space D. This shed is moveable and was erected for the sole purpose of housing equipment relating to the tennis court (i.e. benches and nets in the winter months), and other articles belonging to the Association We have attached pictures of the shed for your review. In our haste, wE recently erected the shed without thoroughly checking the (.'aPCRS. We sincerely apologize • for not complying with the C&Rs. We should have been more diligent in our review of the rules. We respectfully request that you consider working with the Southold Town Board in approving that the stnuKute remain We can move the stnuture while you consider the approval, but respectfully request that you allow it to remain in its place during the period of consideration It is my understanding that once you review this case, you will discuss it with the Southold Town Board. They in [urn will determine if a hearing is required We look to you to initiate this process and inform us what else maybe required aiF us. Again, wee sincerely apologize for being over zealous in placing the shed on the Open Space without proper approval. The Board is elected to enforce the C&Rs. You can imagine how embarrassing it is that wee have broken one of the rules ourselves. To that end, we would appreciate anything You can do to expedite the approval and remedy the situation Should you require any additional information, you may contact me during business hours at 212-975- 2213 or Stella Vanguestaine, the Association's Secretary, at 212-786-3486. Thank you for your considemtion Sincerely, J.A. Flaherty President - PBFLOA • ~e _ ~ ~ ON THE SOUND - 1 August 20, 1998 Town c~' Southold Planning Board Town Hall - 53095 Main Street (PO Box 1179) Southold, NY 11971 To Whom It May Concern: lte: Pebble Beach Farms -Fast Marion, New York I am the President ~ the Pebble Beach Farms Lot Owners Association The Association is governed by its By-Laws and the Declaration of Covenants and ltestrictiasra (C&Ra). Article III of the C&Rs refers to the use of Open Spaces. Section 1 states "Unless authorized by the Southold Town Board, no stmcttrres shall be erected or plied in of on arty open space." I halve attached excer}ka aF the C&Rs referencing the rule, as well as the definition cl' Open Space. We have erected an 8' X 8' shed near the tennis court located in Open Space D. This shed is moveable and was erected for the sole purpose a~' housing equipment relating to the tennis ceurt (i.e. benches and nets in the wiener months), and other articles belonging to the Association. We have attached pictures of the shed for your review. Tn our haste, wt recently erected the shed without thoroughly checlring the CBilts. We sincerely apologia for not complying with the C&Rs. We should have been more diligent in our review of the Hiles. We respectfully request that you consider working with the Southold Town Hoard in approving that the stnuture remain. We can move the structure while you consider the approval, but respectfully request that you allow it to remain in its place during the period consideration It is my understanding that once you review this case, you will discuss it with the Southold Town Hoard They in turn will determine if a hearing is required We look to you to initiate this process and inform us what else maybe required of us. Again, we sincerely apologize for being over zealous in placing the shed on the Open Space without proper approval. The Board is elected to erd'orce the C&Ra. You can imagine how embattassing it is that we have broken one of the rules ourselves. To that end, we would appreciate a~thing you can do to expedite the approval and remedy the situation Should you require arty additional information, you may contact me during business hours at 212-975- 2213 or Stella Vanguestaine, the Association's Secretary, at 212-786-3486. Thank you for your consideration. Sincerely, ~~~a, .A. Flaherty President - PBPLOA „ ~('~n U \\~i~°V/~6 AUG 2 5 1998 Southold Town Planning Board I ~ • eonatruetio~, la•.+n an3 lardseapinq shall b• installed and maintained theraaltas to an attractive manner. 10. An o•.msr o! a eater front Lot fronting on the Long Island Sourd shall not construct any part o! the duelling northerly o_" the approximate 100 foot btu!! set baci line aF.c+ on the tiled map, unless approved by the Tos+n o! Southold. 11. The individual lot owner shall D• responsible for, as repair or taus- to be repaired, any damage to the paved and dsainage wale setae o! the road in lront o! his lot, which may be caused by the operation o! vehicles or machinery during conatrneiion os otherwise. 12. The w• o! each lot shall be limited to one lastly residential use. 7?RTICL; IfI - OPS1i SPACL It is the i.ateation o! the Declarant that the premises are to be subdivided sad developed u a elusbr type development Sa ostler to pteassw the maximum open space and to Lapoae esstata restsictions on the we o! such open spaces for We purposes o! aatusal beauty and open spaces the pzss~rvation o! natural wgetatiosr and Prevention o! overerovdings and the eonsetvatioa of wares sssouress. To e!leetuate each purposes, the Lollwiaq eamdltloas, covenants and restrictions are hereby imposed om those portions o! the premises duignated as open spaeee oa the subdiviaioa map, to vies .,a:fds_ , 1. No stzeetuses shall be esseted or placed it of en any opeur sP~e• Z. Ho sand. gsavel, top soil os other autesrial shall ba rsawved isom say open apace nor shall any such materials be deposited thereon- , xo trees. or other vegetation shall be removed tsar any open space except dead. diseased er decayed trees. or such -4- The common facilities are shown on the site plan annexed hereto as Exhibit I Except as indicate3 belov+, the Sponaoz will leave ail open spaces in their natural stets s+hieh is primarily coverage by a growth of gild shrub, low plants and trees indigenous to the area. The front entrance to the subdivision is curbed an3 paved with 6eaeh pebbles over plastic sheeting to prevent weed growth. The lollowinq is a deteriptioa et the coemon areas keyed to tM identityittq letter reference oa the site pleat Opea Space 71 is an area o! approximably 20 acres of open land used !or stores water drainage and which might be used !or agrieultusal purposes. Open Space S, which eoasiats o! approximately S acre, is similarly used for storm water drainage sad could b• used for :grieultural purposes. Open Space C is similarly vacant land used !or storm eater draiaaga and consists o! approximately 72-1/2 aeraa. ba indicated above, open spaces A, 8 and C will be lest in their natural state by the Sponsor. O~sms~mmm.~m is presently vacant Sand on which an easaststtt has beat granted to the Greenpert Natar Diatzie! to install and maintain tro water webs with necessary pmp hove atraetusea. The arehitaetural design o! tM pump houses is sabjeet !o approval by the Sponsor or she aasotiatioa. The 6ponsor, at its sole expense and within one year from tla date o! this O!leriaq, will construct on this -9- .,i open area ,l •11 weather tennis eoures.The tennis courts ' will be ,ceded and have an asphalt sur[aea. They will be le iced ::ith a chain link fence. Open Space D consists of appraxi-.a tsly 6 scree. Ogen Specs E is vacant land frentinq on Lon; island Sauced having a coral area of approxiteaeely 2 acres wieh {{6' Lroneinq on Che Sound at the moan high wattr line. TM upper portion of this arms has been seeded and a taro tier railroad tie retaining wall approximately 200' long with an average height o! 6' has been installed along the east Mnndazy. Each tier has been landscaped with wergseen shrubs and railroad tie steps taw been installed from the nppes grassed arms to tM Mach. Open Space T is vacant land which will be used for beach parkiaq. It eoasises of slightly less than one acre with a paved surface aeeoaswdatiaq !0 cars. Open Space G is vacant land eonsistinq o! approximately tul! as acre. The Sponges has no inbaelon o! dedieaeing the road syeteas. Aida respect to the eaaawn area vhtch lave Men eonsttaeted, Open Spaess "1?' to "G" and the road system, tM 9ponsor makes the following sepr~sentationa 17te Sponsor zspreseata that he does not knew of gay detect or need !or repairs gad that to eta best o! the Sponsor'• knowledge the above description aecuragly states the eondttion o! the eosaaon arcs and laoilities. The property i• otlered in Lts current ooadition. NeitMr tM Sponsor nor CM assoetation will haw any obli- gation to make repairs os improvwats except as set lorth in this plan. ^ -10- • ' r~ • w. w~ ~ k a. t Y. Pr v t`,S.•. 1 4, F ,~1, - `,$i, ,,yy fy, yV ~ ryy~~! S ~ ~ l .1~I 4 Y g~~• ~ ~ C T ytv ~~~Zf-E (~~`<~C~-`, • ~ ne,~s s U ~ PB R1~M5 October 31, 1997 Mr. C7eorge Kontothanassis 3190 The Long Way Lane East Marion. New York 1 1939 Your October 20. 1997 Submission Proposed Landscapine PBF Association Route 25. East Marion Our Case No. 97-255 Deaz Mr. Kontohanassis: This is to acknowledge receipt of your submission on the above permit application. The subject material will be reviewed by Mr. Vito Lena of my staff. He ean be contacted at (516) 952-6025 if you have any questions. In all future correspondence, kindly refer to the subject case number. The plans must indicate the appropriate county tax map number. Thank you for your cooperation concerning this matter. Very truly yours, Qriginal Signed By TFi0wi~,S F. U`ELERICN THOMAS F. OELERICH, P.E. Regional Traffic Engineer cc: Ms. Valerie Scopaz, Town of Southold TFO:JH:JS liYV 5 t; . , ~J~. n~S P~sst,e se.~cx ~.~R~s ~.a~ ~w~ieRS AssocfAT~ox PO Box 387 f?as~t ;vSaricm, New Fork F }939 3uiy2l, }99& SautS~Sd Tava°n Planning Berard Richard Ward, President Southold, :~'ew York } S97} i?ear twit. Ward It is the desire of the Board of Oireztors of Pebbie Beaeh Farms Lot Owners Association to cnnstru.^t a guard shack on The Long Way. Our Covenants and Restrictions prohibit the construction of any structure on Lhe commott seas of the development. ft is Wert tfear, however, if this appf}es to our roadways. b~`e are therefore requesting the Planning Boazd to review the matter. A reply by August 25, the date of our Annual 'b4tetirrg, w2SS be greatSy' appreciated.. Sincerely, ~}7 C.~ ~ ~c~.ticxiivo i f (iEOrge A. Tsavaris iv40 Vce President JUL 2 41996 ~ y M~ JUDITH T. TERRY _ < Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O ~ ~ MARRIAGE OFFICER y O~ Fax (516)765-1823 RECORDS MANAGEMENT OFFICER ~a Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 28, 1995 William D. Moore, Esq. P.O. Box 23 Mattituck, New York 11952 Dear Bill: Transmitted herewith is a certified resolution of the Southold Town Board, adopted on December 27, 1995, approving the amendments to the bylaws of the Pebble Beach Farms Lot Owners Association, Inc. Very t~rul~y/yours, Judith T. Terry Southold Town Clerk Enclosure cc: Town Attorney Dowd I s r,' t ~ nFf' 2 9 1995 `~1~ ~ m._, $ ,1 V t ~ ~ t1 ~o~oSOFFOCK~oGy JUDITH T. TERRY = ~ Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O ~ MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER ~j ~ ~aO Telephone (516) 765-1500 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1995: WHEREAS, the bylaws of the Pebble Beach Farms Lot Owners Association, Inc. require approval of any amendment to said bylaws by the Town Board of the Town of Southold; and WHEREAS, the Pebble Beach Farms Lot Owners Association, Inc. has requested approval of amendments to their bylaws to more effectively enforce the covenants and restrictions which govern and affect the properties of the Pebble Beach Farms subdivision; and WHEREAS, the proposed amendments are consistent with the purpose for which the bylaws were enacted initially and for which the Town Board of the Town of Southold was given authority to approve proposed amendments to said by laws; now, therefore, be it RESOLVED that the amendments to the bylaws of the Pebble Beach Farms Lot Owners Association, Inc. set forth below are hereby approved by the Town Board, and the Town Clerk is directed io forward a certified copy of this resolution to counsel to the Pebble Beach Farms Lot Owners Association, Inc.: Section 1, Article Xl, Assessments and Finances- of the Bylaws be amended with the addition of the following language: "All costs aad attorney's fees expended by the Association for the collection of any such unpaid dues and assessments and for the foreclosure and enforcement of any such liens in the Association's favor, as well as the enforcement by the Association against a member of any other obligation of a member under these By-laws or under the Declaration of Covenants and Restrictions, shall be a personal obligation of the member against whom enforcement is sought, and shall be included in the lien of the Association an the Lot(s) of any such member." Section 6, Arbitration to Article XIII General Provisions of the E~ylaws be amended with the following addition of the following language: "6. Arbitration In the event of a dispute between a member and the A ssociatiar~ a£ a non-monetary matter relating to the enforcement against such member by the Association contained in Article II and Sections 1-7 of Article III of the Declaration of Covenants and Restrictions, both parties agree that the matter shall be settled by binding arbitration under the following procedures: either party shall have the right to serve upon the other party a Notice of Demand that the matter under dispute be settled by Binding Arbitration under the Expedited Procedures Section of the Rules for Real Estate Industry of the American Arbitration Association. Such notice shall be in writing and sent either by registered or certified mail, return receipt requested, to the Association at P.O. Boa 387, Eas#' Marion, New York 11939, or to the member's address as carried on the Association's records, as the case may be. Within 30 days of the receipt of such notice by the respective recipient party, the person sending the notice shall initiate the Arbitration procedures set forth in the Expedited Procedures Section of the Rules for Real Estate Industry of the American Arbitration Association. For the purpose of filing fees, it shall be assumed that the amount of the claim does not exceed 510,000. Tn the event one of the parties fails or refuses in his obligations under this provision, the costs of enforcement, including attorney's fees, shall be borne by the defaulting party. All costs of the Arbitration, exclusive of legal tees of a party's own counsel, shall be shared equally by the parties to the Arbitration. Judgement on any award or decision of the Arbitrator(s) may be entered in any court having jurisdiction thereof. All costs and expenses, including attorney's fees, for the enforcement of the Arbitration ruling or award, shall be borne by the party against whom the award or ruling was rendered and who might fail to comply with such ruling. No Arbitration under the provisions of this Section shall apply to the case of any covenant(s) or restriction(s) contained in the recited Articles II and III which reflect any law or ordinance of the Town of Southold, New York or of any approval requirement by the Southold Town Board. JG~ Terry~G/~ Southold Town Clerk December 28, 1995 r . ~ # • s~~,~~ ay- j ~ HARVEY A. ARNOFF _n J~ SC07'T L. HARRIS Town Attorney .yam ~ supervisor MATTI-IEW O. KIERNAN ~~~''{9~~ ~ Town Hall, 53095 Main Road Assistant Town Attorney " ` P. O. Boz 1179 Southold, New York 11971 Faz (516)765-1823 Telephonc (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTI-TOLD September 29, 1993 Judith Kurzweil, Esq. 530 East 72nd Street St!' y; ~ New York, NY 10021 ` " Re: Pebble Beach Farms, East Marion ~ Dear Ms. Kurzweil: Your September 13, 1993 letter to Valerie Scopaz has been referred to me and the Planning Board has requested that I respond. Your letter of September 13, 1993 asked far a written reply to the following question: "Although no change has been made to the Declaration and/or the Covenants and Restrictions since the establishment of the Association and the obtainment of a zoning variance by the developers was predicated on a Swale system for water drainage, why hasn't the Town of Southold enforced this zoning requirement?" In researching the answer to your question, Valerie Scopaz reviewed the Planning Board's file. It indicates that the Town Board granted it permission to approve the subdivision of this property according to a clustered layout, as was required by the zoning code in effect at that time. The May 6, 1975 resolution of the Town Board which authorized the Planning Board to modify the applicable provisions of the Zoning Ordinance, does not mandate, require or mention a Swale system for water drainage. Further review of the approval resolution of the Planning Board and the minutes of that meeting also failed to reveal any such predication. The Swale system for water drainage, thus, was not a zoning requirement imposed by the Town. The Association is bound, however, by its Declaration to maintain the street system in accordance with the direction of the Southold Town Planning Board. If the Association chooses to suggest to the Planning Board changes regarding how it manages the stormwater runoff generated by that street system, it should do so upon the advice of a licensed civil engineer who has Taken the U.S. Department of Agriculture's Soil Conservation ~w ~ i Judith Kurzweil, Esq. September 29, 1993 Page 2 Service's recommendations into consideration. The Planning Board would then be in a position to evaluate the proposal and decide whether to approve an appropriate amendment to the Covenants and Restrictions. It would be my recommendation to the Planning Board that any resolution by the Planning Board approving such an amendment be done at a public meeting at which your input, or the input of any concerned resident, could be heard. I trust the foregoing adequately responds to your concerns. Should you require anything further, please do not hesitate to contact me. V ry truly yours, atthew C. Kiernan, ssistant Town Attorney MGK:cc cc: Board of Directors, PBFLOA Richard G. Ward, Chairman of the Planning Board Valerie Scopaz, Senior Planner ' ~ ~ SuBh~ ~5 C:i' JUDITH KURZWEIL, ESQ. 530 EAST 72ND STREET NEW YORK, NEW YORK 10021 September 13, 1993 Ms. Valerie Scopaz Senior Planner Town of Southold Planning Board Office Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Pebble Beach Farms, East Marion Dear Ms. Scopaz: Thank you for providing me with a copy of your letter of August 26, 1993 to Mrs. Tsavaris. For the record, I am no longer a Board member of the Association, although I am still a property owner. I would like to appraise you that during 1992, the Pebble Beach Farms Lot Owners Association commissioned a study by a licensed, certified, civil engineer to advise the Association as to what the proper maintenance should be for the swales. 1 have enclosed a copy for you of Mr. Paleos's findings and recommendations. Please note that it was Mr. Paleos's recommendation that all grass should be removed from the swales and that other landscaping "degrade(s) their effectiveness as primary storm drainage structures." (Section 5.4) As the roads within Pebble Beach Farms are private and maintained by annual fees paid by those Lot Owners of the Association, we are most concerned that nothing be done which could cause the roads to deteriorate. K is my understanding that 'rf the water does not properly drain, water, especially in the winter months, could cause the roads to break up when the water freezes. Therefore, the swales are a very critical issue for our Association. k would be imperative that if another engineer was to render an opinion, prior to a change being-made to the Pebble Beach Farms Declaration, Covenants and Restrictions and/or the By-Laws, that the engineer and the Town of Southold guarantee that a different Swale maintenance program would not cause the roads to deteriorate. The roads are the biggest asset that we have in Pebble Beach Farms and we would not want a change to adversely affect us. Additionally, any change to the Swale maintenance program would have to be requested by an appropriate representative of Pebble Beach Farms Lot Owners Association, not by a single individual. I do agree with you that this matter is more a private issue than one that normally would be a concern of your office. Although no change has been made to the Declaration and/or the Covenants and Restrictions since the establishment of the Association and the obtainment of a zoning variance by the developers was predicated on a swale system for water drainage, why hasn't the Town of Southold enforced this zoning requirement? I would appreciate a written reply to this question. The assistance of your office is greatly appreciated. Sincerely, cc: Southold Town Planning Board Matthew Kiernan, Esq. Scott Harris Michael Antonucci REPORT ON THE SITE DRAINAGE OF PEBBLE BEACH FARMS EAST MARION, L.I., N.Y. BY GEORGE K. PALEOS, P.E. JULY, 1992 1.0 Introduction 1.1 This study was commissioned by the Pebble Beach Farms Lot Owners Association Inc. by letter dated May 15, 1992, to determine the following: 1. Impact of full development of the subdivision on the site storm drainage. (Note: The subdivision is approximately 50$ developed as of July 1992). 2. Adequacy of the Leaching Pools and Catch Basins. 3. Effect of paving, grassing and landscaping on the drainage swales. 4. The improvements necessary and their coat to alleviate the flooding problem at the main entrance to the subdivision. 1.2 The subdivision is located in East Marion, L.I. between Route 25 and the L.i. Sound. It consists of apiroximately 157 acres land area, Appror;irnaC~~:- acres have been subdivided into iii; iot=, cis as paved roads and 65 acres as open space ;.=ven separate parcels. Public records indicate *z+at ?:he subdivision was completed in the summer os` ',9?U Refer to Exhibit N° 1 for an overview of uhe Eebbi? Beach Farms Subdivision. 2.0 Description of cite nratn~no 2.1 Site storm drainage structures consist of five leaching pools (LP), eleven ill? catch basins ±^Bi and approximately 23,000 feet of 12 foot wide by 3'- 6' deep swales running along both sides ~f fibs roadway system. 2.2 Public records indicate that the drainage system was designed and constructed in accordance with local code requirements in effect at the time of construction. 2.3 Storm drainage is discharged into three main drainage areas in open space "C" and a swale in open space "A". In addition a swale system along the roadways serves as the main dralnage channels for road and other surface runoff. 2.4 A review of public records, maintained on file by Town of Southold Highway Dept., show that a close and detail review and inspection of the storm drainage design and installation was conducted by Town Officials. A memorandum dated September 26, 1979 indicates, among other items, that the LP's, CB's, and swales had been installed in a satisfactory manner, and met town requirements. 2.5 Appendix "A" of this report contains various reports and correspondence, retrieved from the files of the Town of Southold Highway Dept. dealing with site drainage and other items unrelated to this study. The reader is encouraged to read Appendix "A" as background information on the site drainage of Pebble Beach Farms to better understand this report. Appendix "B" contains some photographs taken during my site inspection. Lack of photo identification as to their location was intentional. 3.0 Site Inaoection 3.1 For the purpose of this study a site inspection was conducted on June 22nd and 23rd, 1992 by f3eorge K. Paleos, P.E., to determine the following. 3.1.1 Present condition of the Leachir.a P~>ai.~~ ~i: main entrance. 3.1.2 Present condition of catch basins any ~_he remaining leaching pools and to ueritb °:.hezr. existence and location. 3.1.3 Present condition of drainage swales aicng the roadway system and the drainage swaie ire open space "A". 3.1.9 Assess the condition of swales gang developed (built) lots and driveways.. 9,.0 Inspection Findings 9.1 Catch basins 9,5,6,7,10 ~ 11 were located. AB's 1,2,3,8 & 9 could not be located. All CB's were inspected and found to contain silt and other debris that effectively reduces their drainage efficiency. Some of the cast iron grates are set too high, thus preventing free drainage of watez into the catch basins. 4.2 The drainage swales alo-q the designated open spaces are in good general condition. ;n comparison, swales along developed lots have been damaged by past construction activities, grass planted by certain homeowners, weeds naturally grown and by silt washed into the swales by storm water. It is estimated that about 60$ of the swales have reduced drainage capacity due to contamination by silting, grassing, weeding or driveway paving. At certain locations the swale is higher than the adiacent draining area. These conditions will worsen with time unless proper cleaning, regrading and proper maintenance of the swales is conducted periodically. 9.2.1 The swale in open space "A" has completely silted over thus rendering it ineffective. No concrete headwall was found as called for on the drawings. This is particularly important since increased surface runoff in this area will worsen the flooding at the main entrance. 4.2.2 With some exceptions, homeowners have grassed, paved or landscaped the swale area in front of their lots thus adversely effecting the free drainage of storm water from the surrounding area. The result will be increased surface runoff and flooding, in certain areas. 9.3 The leaching pools iLP'sy have silte+i rr need of cleaning to restore their :zai~-:age efficiency. The problem is most pronounced chn leaching pools at the main entrance. :ue ~.he large tributary area draining into these LP".; <nd their reduced efficiency due tc silrirra, tzf: existing LP's are simply not enough to effectirei•, drain the storm runoff. 5.0 Conclusions and Reco menda 5.1 Based on my on site inspection and observations,. ~t is my opinion that the drainage system at Pebble Beach Farms has been adversely impacted by area development, lack of proper maintenance, and by grassing, paving and landscaping over swales, and by silting of LP's and CB's. 5.2 The degradation of the drainage system can be expected to continue as development of the remaining lots continues and as the drainage system becomes older and more and more silting and contamination occurs. The rate of such degradation is hard to predict, but it is clear t mill continue as more lots are developed in the coming years, and if the lack of proper maintenance continues. To simply spray the weeds or grass over the swales and leave them to rot in place, the drainage efficiency of the swales is not improved. The organic material left behind, breaks down with time, it is washed into the swale thus further reducing it's draining efficiency. A better approach would be to periodically sterilize the Swale area, with approved chemicals to prevent or retard growth. 5.3 To determine the adequacy of the GP's and CB's one must evaluate the entire drainage system working together as designed and as constructed. For example, if we accept the fact that the original system was designed and constructed per code requirements and good engineering practice, but one or more components of the system have degraded (such as silting of the LP's or grassing and paving over a Swale) then the remaining components of the system will be required to perform more than they were designed for. For a short period of time, the system may perform satisfactorily. Over the long run, however, the system will fail to perform it's intended function. Due to reasons, mentioned above, the LP'a and CB's are performing at reduced efficiency. This is particularly true for the LP's at the entrance. 5.3.1 A study of the drainage area, ~ ,:_~--;;~1n,, roadways and Route 25, feeding _ne [.r';a r the entrance, leads me tc conclude +:~a* *.he number of LP's provided at the entrance inadequate to effectively handle t:he starm water runoff. Surface water runoff cyan oe expected to inczease during periods when the soil is frozen or completely saturated, The in situ material for the top 3_q feet ~f the general drainage area is loam which _s ~riown for its poor draining characteristics, thus contributing to increased surface runoff 5.3.2 It is my opinion that additional LP's are required at the entrance to effec*_ively accommodate the surface runoff, The design of the additional LP's required, their >ize and location is beyond the scope of this report. It is estimated, however„ that a 3-ring 8-foot diameter leaching pool will. Cost 52,500 to 53,000 depending on site conditions. A more effective method to reduce flooding at the entrance will be the constzuction of a recharge basin.. However,. I do not believe the severity of the flooding problem at the entrance can justify the high expense to construct such a • facility, therefore it is not rFcornmFnded. As an alternate, a low profile berm with top elevation of say 32.5 feet along the east side of the entrance road from sta. 0+00 to sta. 13+00 would provide good protection against flooding at the entrance, by controlling the surface runoff from open space "A", and the surrounding area. The cost is estimated at 57,000 to 510,000 based on using available material on site. If material from the site is used, it should be removed in such a manner as to expose the sand and gravel below, thus allowing the surface runoff to percolate into the ground. It is recommended that a strip 40 - 50 feet wide, along the east side of the proposed berm be created for this purpose. This area of course should be free of farming or other activities and uses and must be desalted periodically. 5.3.3 The number of CB's is consistent with the drainage areas provided and no additional CB's arc recommended. I recommend, however, that all CH's be thoroughly cleaned including the interconnecting and discharge pipes. CH3 is assumed to be under a layer of woodchips (SW corner ~t ThP ,~>ngway ~ruZ The Cross Way intersection; wh;crs stic~:xi~1 ps removed. The grate for '85 lSF coti~ez Greenway and Crescent) should be °eset _:ne foot lower than the road elevat«r~ a+~ station 8+00 along Greenway. LF'~~ ~ ~ 4 should be located and cleaned., 5.4 Grassing, landscaping and paving wer :aa=es degrade their effectiveness as pri mar; 2torm drainage structures and must be avoided. Py design, swales are primary drainage structures which must be kept clean and free of any organic growth i-, order to serve their intended purpose. *t should rye recognized, however, that a small amount ok paving say 15-20 feet wide for driveways to ;.ndividual lots, if constructed oroQerly, should ~ave~ ^a significant effect on the overal:. drainage efficiency of the Swale. For paved driveways ~o have little or no effect on the Swale, the paving should be placed over a 12" Layer of compacted crushed stone no less than 3 inches in size, and extending at least 5 feet on either side of t:he driveway for the full width of the Swale (l z`:.` Paving over the Swale, as described above, wit> n fact protect the Swale, if one recognizes that vehicular traffic passing directly over an unpaved Swale will eventually damage the Swale far more than paving over it. 5.5 Planting grass, shrubs and trees in the swales must be avoided. As indicated above the organic material generated by such planting, will eventually plug up the Swale, thus seriously effecting it's drainage capability. I therefore, recommend that, grass, shrubs and other growth be removed from the swales completely and permanently. The swales should be regraded and kept lower than the adjacent roadways. Driving and parking on the swales should be prohibited and small signs should be posted along the swales alerting the public that driving, parking or planting on swales is prohibited. 6.0 Summary of Recommendations 6.1 Swales - Clean and regrade swales. Maintain top of swales below adjacent areas. Remove all grass, weeds, shrubs etc. from swales. Periodically sterilize Swale to retard growth. Post signs along berm as described in 5.5. 6.2 Leaching pools ~ Catch Basins - Remove all silt and other debris from LP's and CB's. Reset CB grates to one foot below roadway to facilitate drainage. Locate those CB`s, not found during inspectlcr cs n, thoroughly clean and reset grates necessa~z~ 6.3 Construct a low profile berm along easr_ ::=.,.de _,i` road entrance (keep berm 15 feet minimum distance from swale) and expose the sand and grawe7 toz watez to drain. Refer to 5.3.2 fox rieta~iu. 6.4 Install additional LP's at the entrance with interconnecting piping if necessary. This report has outlined field observations and set forth certain opinions and recommendations to maintain and improve the drainage system at Pebble Beach Farms. Such opinions and recommendations are based on experience and good engineering practice. This report is not a design document and should nnot be used as such. . ~ o' PLANNING BOARD MEMBERS s- ~ ~ ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ O~ 'v 9 _ Supervisor George Ritchie Latham, Jr. ~ ~~v~`~'d~ Richard G. Ward ~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 26, 1993 Susan Tsavaris 2170 The Strand P.O. Sox 345 East Marion, New York 11939 Dear Mrs. Tsavaris: This is in response to your inquiry last Friday about the terms of the Declaration of Covenants and Restrictions that govern the Pebble Beach subdivision. In reviewing the Description of Common Areas and the Declaration of Covenants and Restrictions that pertain to Pebble Beach Estates, it is clear that stormwater drainage is to be provided by "sand swales" (page 7 of Description). The Declaration itself prohibits the excavation, filling or disturbing of the land within any street (page 8). But it does not go so far as to specifically prohibit the landscaping of same. Finally, Article Iv, Section 3. of the Declaration states that the Declarant will maintain said street system in accordance with the direction of the Southold Town Planning Board..." I have discussed this matter with the Planning Board. Their position is that if an independent, licensed civil engineer were to conduct a survey that resulted in a recommendation for a new maintenance program that permitted landscaping of the swales in such a manner that the overall functioning of the stormwater drainage system was not compromised, they would not object to the new maintenance program. They ask only that the recommendations of Allan S. Connell of the U.S. Department of Agriculture's Soil Conservation Service (dated November 15, 1991) be adhered to. A copy of his recommendation is included herein. Please send a copy of the new maintenance program. At that time, we will review it with the Highway Department and the Town Attorney's office. If the Highway Department and the Town Attorney's office determine that the Declaration needs to be amended or changed to incorporate the new maintenance program, we will deal with that issue then. A copy of this letter is being sent to the Pebble Beach Farms Lot Owners Association, Inc., in the hopes of clarifying the Planning Board's last letter to the Association (dated October 25, 1991). I hope this letter helps the Association resolve what is essentially a private issue to be resolved amongst yourselves. If I can be of further assistance, please do not hesitate to call. ~cerely, Val co az Senior Planne~ cc: Board of Directors c/o Judith Kurzweil, President, PBFLOA Southold Town Planning Board Matthew Kiernan, Assistant Town Attorney INVEN~ORY & EVALUATION OIi' LAND, WATER, AND RELATED RESGURCES Pebble Beach homeowners Association Nicholas C. Lngudis PO SOX 507, East Marion, NY 11939 REOl1ESTED ElY-- LOCATION ASSISTED 8Y Allan S. Connell DATE November 15, 1991 ' ? INDIVIDUAL ®GROUP ? UNIT OF GOVERNMENT SITUATION: 'Che Pebble Beach Homeowners Association maintains an eight foot right-of-way along both sides of their entrance road for drainage purposes. The soil within these areas consists of course textured sand. It appears ns if the top soil has been removed and back- filled with sand to facilitate drainage. 'Phe Association is concerned about homeowners who establish their lawns up to the edge of the entrance road and the effect this practice will have in impeding drainuge. SIIGGES~lED SOLUTION(S) Crass planted within the right-of-ways will slow percolation of runup' water only if top soil is placed on top of the sand. The finer textured soil material will impedo the rate ut which runoff percolates into the ground. This problem should only be of concern in areas where runoff is ponding, such as within the !ow points along the rouchvay. 'this is where existing catch basins should be cleaned yearly and the sand right- of-wuys kept clean by removing silt and debris annually to facilitate drainage, On all other areas along the roadway, establishment of grass would be beneficial. The gross will prevent erosion of steep sloping areas and provide a water quality benefit by filter- ing runoff to absorb nutrients and help trap sediment. Establishing grass within these areas will also eliminate the need for yearly herbicide applications to kill weeds, a practice which could have a detrimental effect on Groundwater quality. The benefits of grass establishment related to the aesthetics of the wren, erosion control and groundwater quality far out weigh the negative impact this practice will have in impleding percolation 'of runoff. , * Ch~[A oPP•~P~lo,• ca,a Qory ~ ; i GPU: IYH U-]Il~ltl ~V~~!i:'~iL~'r'~r.,l { FL".?~r-lli~G BOr.F:D • L _ - INVEN'I~RY & EVALUATION OIi] LAND,- WATER, AND RELATED RESGURCES Pebble Beaclt homeowners Association Nicholas C. Lagudis PO BOX 507, East Marion, NY 11939 REOl1ESTED 6Y--_ ---LOCATION ASSISTED BY- Allan S. Connell DATE November 15, 1991 ` ? INDIVIDUAL ®GROUP ? UNIT OF GOVERNMENT SITUATION: 'l'he Pebble Beach Homeowners Association maintains an eight foot right-of-way along both sides of their entrance road for drainage purposes. The soil within these areas consists of course textured sand. It appears ns if the top soil has been removed and back- filled with sand to facilitate drainage. 'Phe Association is concerned about homeowners who establish their lawns up to the edge of the entrance road and the effect this practice will have in impeding drainage. SIIC;GEST EO SOLUTION(S) Grass planted within the right-of-ways will slow percolation of ruuuCl' watex• Duly if top soil is placed on top of the sand. The finer textured soil material will iripede the rate ut which runoff percolates into the ground. This problem should only be of concern in areas where runoff is ponding, such as within the low points along the roadway. 'i'bis is where existing catch basins should be cleaned yearly and the sand righ.t- of-ways kept clean by removing silt and debris annually to facilitate drainage. On all other areas along the roadway, establishment of grass would be beneficial. The grass will prevent erosion of steep sloping areas and provide a water quality benefit by filter- ing runoff to absorb nutrients and help trap sediment. Establishing grass within these axrns will also eliminate the peed for yearly herbicide applications to kill weeds, a practice which could have a detrimental effect on groundwater quality. The benefits of grass establishment related to the aesthetics of the wren, erosion control and groundwater quality fur out weigh the negative impact this practice will have in imploding percolation of runoff. * Ch.ck oypmprlo,? category ' GPO: IYA O - ]I]-061 c...-~ ..d,-. _..~.:..-:J, ,'~~OS~FFO(~-c~,~ y4 r c k, ~ ;ti PLANNING BOARD MEMBERS ~ ~ o~ SCOTT L. HARRIS T ;t ~j ~ ~ ~ ~1 Bennett Orlowski, Jr., Chairman 1~ ~ ~ ~j Supervisor George Ritchie Latham, Jr. ? Richard G. Ward 4>, &~i Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 25, 1991 Judith Kurzweil 530 East 72nd Street New York, New York 10021 RE: Pebble Beach Farms East Marion, New York Dear Ms. Kurzweil: The Planning Board has reviewed your letter of October 7, 1991, pertaining to the above mentioned subdivision. Please have a licensed engineer submit plans indicating the proposed changes to the drainage swales. The Board will have its engineering inspector review the plans before making a decision whether to allow the filed covenants and restrictions to be amended. If you have any questions regarding the above, please contact Melissa Spiro at this office. Very truly yours, ~s Bennett Orlowski, r, Chairman T T r.:. ~ f~ 0 d 91991 ll P~ ~ TOMlN i PEBBLE BEACH FARMS LOT OWNERS ASSOCIATION, INC. 530 East 72nd Street New York, New York 10021 October 7, 1991 RE: Pebble Beach Farms East Marion, New York Mr. Bennett Orlowski, Jr. Chairman Planning Board Town of Southold P.O. Box 1179 Southold, New York 11971 Dear Mr. Orlowski: I am writing to you at the suggestion of Matthew Kiernan, Esq. I am President of the Pebble Beach Farms Lot Owners Association ("PBFLOA") in East Marion. Pebble Beach Farms ("PBF") was approved by the appropriate Southold governing agencies in 1975. I have enclosed for your convenience the pertinent documents (Covenants and Restrictions, By-Laws, Amendments, Exhibits, etc.) that relate to PBF. The issue that I am requesting clarification on is the general question of how a "C & R" can be changed and specifically, if we receive the opinion of an independent certified civil engineer, can the Association change the "C & R" that pertains to the drainage swales. The Association would like to consider permitting landscaping on the swales (as opposed to leaving them sandy), if the engineer assures us that the landscaping will not impact proper drainage. Before we undertake the cost of an engineer's survey we wanted assurances that this would not be opposed by the Town of Southold. I would appreciate a response as to how such a change can be effected and what, if any, approvals we would need from the Town and finally how do we go about obtaining these approvals. Thank you very much for your prompt attention to this matter. Sincerely, ~J ' J/udith Kurzweil President, PBFLOA cc: Matthew Kiernan, Esq. Board of Directors, PBFLOA _ _ TABLE OF CONTENTS Page Introduction 2 Projected schedule of receipts and expenses for the first year of operation ~ Letter of Adequacy Eg Opinion of counsel 6C Description of common areas and facilities to be owned by the Association 7 Resolution of the Planning Board of the Town of Southold 11 Declaration of covenants and restrictions 12 The Association 14 Obligations of Sponsor 17 Identity of Parties 18 Documents to bs received by Members 19 Documents on file 20 General 21 EXHIBITS Exhibit I. Site Plan Exhibit II. Town of Southold Zoning Ordinance Exhibit III.Declaration,as amended Exhibit IV. Certificate of Incorporation of Pebble Beach Lot Owners Association, Inc. Exhibit V. By maws of the Association Exhibit VI. Proposed Contract of Sale Exhibit VII.Proposed Deed i c i IDiTRODUCTIOtJ The Sponsor, Pebble Reach Rez.lty, Inc., has subdiviaed a narcel of land located at East Ftarion, in the Town of Southold, Suffolk County, Llew York, 1:noorn as Pebble Reach Farris. The narcel of land con- sists of an aggregate of 164 acres which hzs been di- vided into 143 half acre lots being offered for sale. The parcel a).so includes 66 acres which have been di- vided into 7 open areas, shown on the site plan attached hereto as areas A through G. P.eference is made to the site plan, Exhibit I hezeto, and to 0.7 through 10 hereof for a more detailed description of these areas. The property was developed pursuant to certain zoning ordinances of the Town of Southold which provide for a "cluster" develorzrtent. A copy of the ordinance is attached as Exhibit IZ hereto. Cluster zoning general- ly permits residential building lots of smaller size than would normally be required in an area if crnnpensat- in4 land area, usually to be used in common with others, is not utilized for construction. The purchaser of a lot at Pebble Reach Farms will take his property subject to a declaration of cove- nants and restrictions (set out in full as Exhibit III hereto and. described at o. 12). The declaration and the first amendment thereto have been filed in the Office of the County Clerk of Suffolk County. The second amend- ment has been submitted to the County Clerk for recording. The declaration provides for the organization by the Sponsor of a lot owners association to which the Sponsor --2- will convey the open areas referred to above. F.<ZCh lot o~;ner csill be a neaber of the lot o~+ners association and as such, ar.d ou.rsuant to the declaration Brill have the right to use these e.reas in corinon caith other lot oofners. The lot ocaner will be obligated to nay hi.s proportionate share of. the cost of maintaining and ooPre.tinq the open areas. They will consist of roads, tennis courts, beach, a beach parking area and others. The Certificate of Incorporation of the lot owners association, to be knocan as "Pebble Beach Farina Lot Owners Association, Inc.", is attached as Exhibit IV hereto. The Ay-Laws of the association, attached as Exhibit V, will permit members to vote annually for a board of directors who will conduct the affairs of the association. The association will collect a propor- tionate payment o! the cost of maintaining the open areas from each lot owner within the subdivision. The estimated maintenance costs fer the first year of opera- tion are set forth on Paqe 5 hereof. It must be kept in mind that these maintenance costs evhich will be charged proportionately to lot owners are only estimates and will vary with actual experience. The Sponsor will control the lot owners association for a period of two years, unless prior thereto it has disposed of a majority of the lots. However, the lot owner will be required to pay his proportionate share of the maintenance cost from the date he takes title to his lot. The Sponsor intends to sell lots in an un- improved state, that is, the Sponsor does not intend to -3- build houses on the lots. The Declaration contains cer- tain restrictions as to the t}•pe of structures that can be built on the lots. This Offering Plan relates oily to the common area and the rights and obligations of the lot osiner :with respect thereto and not to the lots themselves. A sample of the proposed contract of sale between the Sponsor and a lot purchaser is annexed as Exhibit VI and Exhibit VII is the proposer sear to a lot within the subdivision. All documents referred to in the Offering Plan are important. It is suggested that you consult with your own attorney or financial advisor before sign- ing any contracts and also provide him with a copy of the Offering Plan. All purchasers of lots in the sub- division should be aware that if they resell their lots, those who purchase from them ~•iill also automatically be- come members o! the association, assuming all rights and obligations. -4- PROJC~TrD SCIIf:DULE OF P.ECEZPTS AND G~PGA(SF. FOR TRI: FIRST YEAR OF OPLRATIGN (SEE PIOTF. 1) RECEIPTS• Anneal maintenance charges of 547.77 per lot r.;ultiPlieC by 143 lots(NOte 2) $6,A32 OPEnATING E\PE`(SES: Road maintenance and snow removal 51,000 Tennis court maintenance 100 Lot ownars beach cleaning 400 Insatrance (Note 3) 592 Fire hydrant rental (Note 4) 575 Clerical and accounting (Note 5) 1,000 Real estate taxes (Note 6) 2,540 Other taxes (Note 7) 125 Contingency (Note 8) 500 $6,832 The above projection assumes sale of all the lots. Note 1: The first year of anticipated operation will cothn•ence June 1, 1976. The estimate of receipts assumes the sale of all the lots. The Sponsor will pay the proportionate share per lot for each lot owned by it. Note 2: The Sponsor has i.n the gast leased area A on the siae plan, Exhibit = to a farmer on an informal bases and received $800 from the farther for use by him of the land for a growing season. There is no assurance that this land can continue to be rented for this purpose but if it were, this would provide some income to the association and the annual charges to each lot owner would be reduced by an amount equal to the rental income divided by the number of lots. -5- Note 3: The Sponsor will obtain on behalf of the lot o:an=rs association liability insurance insuring the association in the limits of $500,000 per occurrence. It is anticipated that the annual preniu.-n for such policy tfill be $592. Note 4: Nine fire hydrants located on the subdivision are leased from the Greenport cvater District at an annual rental of $65 each. Note 5: These services will include an annual audit by a firm of certified public accountants of the books and records of the association and the completion of reports which may be required by Internal Revenue Service or other agencies. Also included is expense of hiring a part time person from time to time to send out annual billings and for postage. Note 6: Taxes on the open areas are comouted on the basis of an assessment of $300 per acre for 66 acres • at the current tax rate of 12.827 per 5100 of aesessad value. Taxes may be expected to in- crease annually. Note 7: Other taxes assume the payment annually of a minimum franchise tax to the State of New York. Note e: Contingency reserve will provide a fund for any repairs required on account of vandalism or Acts of God. The Sponsor cannot guaranty that the amount of this contingency will be sufficient under all circumstances; or that the Board of Directors elected by the lot owners might not elect to have a larger reserve established. -6- So long as the Sponsor controls the Lot Ocuners Association, it cuill manage the Lot Owners Association without making any chzrge for such management services. Thereafter, if the Association engages the services of a manager, it will incur additional expanse. This expense is not reflected in the ex- penses estimated above. Nor is it anti- cipated in setting the amount of the contingency reserve. - 6A- HI'C Owlb Li.vC 901w[ •OUp i''1~ . C . O' H hZ' ! E N . ! ~ C . Y~Gt..Ll,ot_.. O UCNi1N J. 9gC5NwN TN O.va .J. rwY LS. H.w.L REALTORS • INSURANCE ~cscwr w. cANC1 Cn~•e ~.n [I[ Twt •O.eA HICHaLL LUNSTZNaA A, ,.I. A. M ICNwLI C. ]'3 A1LN. JR., M. Li- SJ. A. 1 1 5 7 F L AT 6 V S H A V E N U E YINCLNi J. PwNETTiEgi, 0.5J •w[l~q inT BROOKLYN, NEW YORK 11226 OAN O. SC M~NN£LL. C.S.A W ILLUM p, C]'B ql[N 212 656-4500 lDAO HALL Oi:~CC f [n~0e VICG ~e[•. 153 AiN3.N STA<ET ROBLRT 1 pa2p0 AY, C.P.H.. CS.~L ESTA8U4NLO 1909 312 !![•a Sp] December 5, 1975 Pebble Eeach Realty, Inc. LETTER OF ADEQUACY b20 H=_-astea@ Turnpike £lmont, Y. 11003 Gentlemen: Lde have examined for inclusion in the Offering Plan of Pebble Beach Farm Lot Owners Association, Inc. the foregoing schedule of the estimated receipts and expenses of your Corporation for the first year of operation. In our opinion the estimates are reasonable and adequate under existing curcumstances and the estimated receipts shown therein will be sufficient to meet the normal anticipated operating expenses for the first year of operation. However, because of the possibillty of unforeseeable changes in our economy or increase or decrease in expenses of operation, our estimates are not intended to be taken as representations, guaranties or warranties of any kind whatsoever, or as any assurance that the actual expenses or income of your Corporatio for any period of operating may not vary from the amount shown or that your Corporation may not incur additional expenses or that your Board of Directors may not provide for reserves not reflected in such schedule, or that the annual maintenance charges for any period may not vary from the amounts shown therein. It may be expected, based on current trends, that such items as Real Estate Taxes, Maintenance, Repair, Labor and other related expenses will change in the future. Since there. has been no preceding history of operation, our estimatea are based on reasonably anticipated expenses as gathered from the Bata supplied by the various providers of the services referred to in the foregoing statement. In addition, members of this firm, either as appraisers of or principals in summer and/or year round resort communities, are familiar with such common area maintena~ charges. , This firm has been engaged in the management oP propertq in the bfetropolitan area for more than 60 years and is familiar with the operation and maintenance of all types of properties including residential, commercial and industrial. 'Very~.jt//r~u~l~y yours, Rob/~>z't A•~Gr ~o~, C.P.!4., C.S.A. Yice Preslden~Le~ gnd Secretary RAG:,jt MLN![R! 0I LOCwL. lTAT[ ANO NATIONAL RUL CfTATL NANAti[N[NT, w~rRA1lAL ANO 1NlURANC[ OROwN~ZwTlO N! 68 ` ~cr r ERTS PAIN= EOSON ATTO RN[7 AT lA'N MAIN ROAD - SOUTNO~D. N. 119]1 ale ]es-z sao Maveau'er 19, 1975 Pebble 3a~cF ;c=.alty, Inc. 520 rien~s~=s1 Yu.^n~ike t1".JCC, ii. Y. 110Jj Re: Subdivision of land known as "Pebble Beach Farms" Dear Si_: Since the sponsor in the above matter is selling vacant lots caith construction to be performed by the purchaser, any tax deductions available to the purchaser will be limited to the amount paid by the purchaser to the sponsor in the event that the purchaser does not pay all cash for the vacant lot, but delivers a purchase money mortgage as part payment therefor. The open areas shown on the map of Pebble Heach Farms can be used only for agricultural, recreational, and drainage purposes. Each purchaser (Member of the Association) will ba required to pay a proportionate share of Such taxes, which would constitute a tax deduction for him. There are no other tax deductions available. This development conforms with all zoning laws, ordinances and regulations of the Town of Southold, Suffolk County, New York, Compliance with all subject regulations was a prerequisition to the signing of the subdivision map by the planning board of the Town of Southold on February 24, 1975, whose endorsement of approv- al appears on the official filed map. There was compliance with the regulations of the Suffolk County Department of Health, and - the approval of that agency is embossed on the official filed map. There was compliance with the regulations of the Suffolk County Department of Environmental Control, and that agency's approval is embossed on the official filed map. Application for approval from the New York State Department of Environmental Conservation was made sad approved. There are no wetlands within the boundaries of the subject subdivision, consequently Federal and State wetland regulations are not applicable. The Covenants and Restrictions which are set forth is the Declaration which was recorded in the Suffolk County Clerk's Office on June 11, 1975 were approved by the Southold Town Board, the Town Attorney, and the Southold Town Planning Board as bninq legal and valid in compliance with our zoning. In my opinion, the Covenants and Restrictions, and the Declaration, and the proposed amendments thereof are legal and valid.. A Not-for-Profit corporation entitled, Pebble Beach Farms Lot O~+mers Association, Inc. has been formed for the purpose of holding title to the vacant areas A-G as sho•.vn on the official subdivision map. The recorded Declaration to which the property owners are subject, provides that these open areas may be used only for agricultural, recreational, and drainage purposes. Therefore, the only prospective income to the corporation from the use of this land will be from possible rental of Area "A", which is suitable for the growing of crops. The rental income from this parcel will not be sufficient to pay the taxes imposed upon the seven open areas by the Town of Southold. Therefore, any agricultural income will be reportable, but no obligation will be incurred for the payment of an income tax, under the provisions of Federal Revenue Rulings 74-17, 74-99, 75-370 and 75-371. The undersigned, attorney for the developer, understands that this letter and the statements it contains ~•~ill be made part of the offering plan. Sincerely, Lefferts P. Edson, Attorney for Pebble Beach Realty, Inc. DESCRIPTION OF CO:Il~iON AREAS ADlD FACILITIES TO BE O~fNED BY TFIF• T.SSOCIATION. General Pebble Beach Farr+.s is located at East itarion, ir. an area dotted oiith farms and private residences. The subdivision is im~~nediately adjacent to a privately awned 18 hole golf course to its west. The golf course may be used by members of the public for a fee. LIO special member- ship provisions are offered to owners of lots at Pebble Beach Farms. The property to the east of the subdivision is used principally for farming. Peconic Bay is within a half mile south of the property. This hay and Long Island Sound which provides the northerly boundary of the property provide a full spectrum of water oriented activi- ties. The Village of Greanport which is one mime west of Pebble Beach Farms, affords shopping, churches, Lonq Island Railroad transportation and access to medical services. Eastern Lonq Island Hospital is located at Greenport. Police servics.ia provided by the To~+n of Southold and fire protec- tion by the Eaat Marion Volunteer Fire Department. Roads and Utilities There has been installed at Pebble Beach Farms a road system of approximately 12,000 lineal feet having a 60' width with 36' wide paved surface. The road system was installed in conformity with specifications of the Town of Southold and under the Town's supervision. Storm water drainage is provided by a primary system of sand swales flanking both sides of the paved area of all rights of way. In addition, there are seven leeching pools and four interconnected catch basin systems piped to flood • ~ plains located in open spaces A and C (see site plan far locations). All storm drainage has been installed under the direction and supervision of the Tomn of Southold E:ighway Department. Public ~•rater service is supplied by the Village of Greenport Plater District. Their Crater system is a loop system with three well fields located respectively at Southold, Greenport and adjoining the west boundary of Pebble Beach. On site water distribution is by b" and 8• trans- ite mains with individual 1" service line to each lot. The installation of this system was accomplished under the direction and supervision of the tdater District. Electric and telephone lines aze installed in the roadbed of the streets. Telephone service by New York Telephone Company. Electric service is provided by a direct burial system designed and installed by the Long Island Lighting Company consisting of primary and secondary components designed to supply 200 amperes service to each lot. The on site system is fed from pole mounted trans- formers located at the front of the property on Route 25. Electric service has been installed to the front of each lot. Sewerage disposal on each lot has been approved by the Suffolk County Health Department after inspection of required test holes. Each lot owner must provide a septic tank and leeching pool system and have them in- spected and approved by the Health Department. -8 - - The co!r~on facilities are shorn on the site plan anneied hereto as Exhibit I E~:cept as indicated belo:r, the Sponsor grill leave all open spaces in their natural state ~•rhich is primarily covera,re by a growth of :•:ild shrub, lotiv plants and trees indigenous to the area. The front entrance to the subdivision is curbed an3 paved with beach pebbles over plastic sheeting to prevent weed growth. The following is a description of the common areas keyed to the identifying letter reference on the site plan: Open Space A is an area of approximately 20 acres of open land used for storm water drainage and which might be used for agricultural purposes. Open Space B, which consists of approximately 5 acres, is similarly used for storm water drainage and could be used for agricultural purposes. Open Space C is similarly vacant land used for storm water drainage and consists of approximately 32-1/2 acres. As indicated above, open spaces A, B and C will be left in their natural state by the Sponsor. Open Space D is presently vacant land on which an • easement has been granted to the Greenport Water District to install and maintain two water wells with necessary pump house structures. The architectural design of the pump houses is subject to approval by the Sponsor or the association. The Sponsor, at its sole expense and within one year from the date of this Offering, will construct on this -9- - - ~ ~ _ _ . ?'hz Phr.-.-; .:.Cara ~ r s_~•ov-r:c,~.er eiuprne-;s for urz- family acute-_' !~.ve:i:-e; ir. ~n A !±esi~r~•ia! rand ,\;,Tieuiturel llisuict axardc; co t'ce nrocadu:e and rcruirements specified Ix•low.'1'I,e purpa+e ui such development is to provide flexibility in the deai](:t and development of land in such a way as to p:amoa the most appropriate use of land to factliute the adequate and e•_•ana:nicel provision o.` street and utilities, and to preaen•e the nsturrl aid scenic quali[iea o[ open space. A. The maximum number of single-family Ints Chat may be npproved ir. a cluster develnpman[ shalt 1x computed by subtractinglcom the Dotal cross area a filed percentage of hven[y percen! i^_0"o) of said a: ea and dividing the rema ring c•i~hcy percent I&0~.,1 of the arcs by forty thousand 140,000) square feet. 111 In computing the maumum number of Iota that map ba seated, any lends which are subject to (tootling or which are occupied by public uc(licy eesementa in such a manner as to prevent [heir use and development shall not be considered part of the total gross area. 12) In a cluster development, lot area, width. depth. front yard, rear yard and side yards shall not be reduced by more than fifty percent I50?'el of the minimum requinmrnta sat forth in the "Bulk and Packing Schedule." • B. The arse of ~ duaur davdopment ahaL be in single ownanhip or under unified eontroL C. Prior to the iaauaace of s building permit in a clusur development, a site plan shall be submitted to and ap- proved by the Planning Board in eceardanu with Article XIII of this chapter and the following conditions: I1) Said alts plan shall include areas within whie6 atrycturea may be located, the height and spacing a[ buildings, open spaeaa and their landscaping, of6 street open and enclosed lit anyl parking spaces, and stexets, driveways and any other physical features nbvant to the propoaad plan. IZ) Said site plan ahaU include a autemsnt setting torah _ the nature of ail proposed modifications of existing zoning provisions D. Nothing contained In this chaptsr shall revew the owner or his agent or the developer o[ a propoaad cluster drwh>pmaM from receiving final plat approve! ip at eordmw with the town aubdiviaion regutationaa' In approving the final plat for a cluster development, the P¢naing Hoard may modify the acreage requirement for raereatim aroaa m set forth in the Wwnb ryln goveretipg sgbdiviaisw rwiew, provided that the common land dadleated moats all oche requirements of the town aub- divisfon ngulationa. E. A cluster dwelopment ahaU ba organized u ono I li of the following: a Homan Aaaoeiation approved by the Fadatal liousing Adminiatratiop [or mortgage inauranca as a Plannod Unit Dwelopment, and eha Town Board: • Homn Aaaociadon approved by flu Town Attorney and Tomt Hoard; ar any other amngamenta approved by eha Town Attorney and Town Board u aatiafying the intent o[ thin chapter. Whanwer a Homan Association is proposed, eha Town Board shall retain the right to review and approve the Articles of Ineorpondon and Charter of said Homes Aaaocistion, and to require whatever rnnditiora deemed neteaaary to ensure that the intent and purpose of [hie chapter e» carried out. In conaidencion of acid approval, the Town Board .shall, in part. require the elustar dwelopmant to meat the following conditions: Il) Tha Homes Association shall be established as an incorporated nonprofit organization operating under recorded land agreement through which each lot owner, apd any mtcceeding owner, is automatically a member, and each lot is automatically subject eo • ~ eherge for a proportionate ahsre of the expenses for the o: gsnizauon a ectivicia. 121 Title to all common propeRy shall ba placed in the Homes Association, or definite and acceptable asaurano ahaSl 6a given [hat it automatically will M so placed within • naaonsble period of time. ...._=3=~ SOUTHOLD CODE § lOJ•IJu 7.OMIXG § 100.136 13) L•:ach lo! o~rner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. 141 Once e;tabli;hed, all respon;ibiGty for operation and maintenance o[ the common land and faci4cies shall lie with the homes Association. I51 Dedication of all common areas shall be recorded directly on the firs) plat, or by reference on that plat to a dedication in a separately recorded document. Resuhdivision of such areas is prohibited. The dedication shall: le) Save the title to the common property to the Homes Association free of any cloud of implied public dedication. Ib? Commit the developer to convey the anal to the Homes Association et an spproved times Ic) Grant esaement of enjoyment over the arse to the lot owners. Idl Gives to the Homes Association the right to borrow for improvements upon the aeeurity of the commoo areas. lel Givs to it the right to suspend membership rights for nonpayment of assessments or infraction of publishod r.:lea. F. Covenants shall be eatabliahed, limiting all lots to one- family use and ell common lands to open space uses. no atrueturea may be erected on such common lands except as shown on the approved site plan. G. Each dead tq each lot sold shall include by nfennce all recorded deelarationa and other restrictions including - asanaments and the provision for liens foe nonpayment of ouch. H. The Homes Association shall be perpetual: it shad pur• chase insunnd, pay taxes, opacity in iq charter and bylaws an annual homeowner's fee, give provision for assemmenta and provide that aU such charl;ea M•cnmr a lien on each property in favor of said :\ssociatiun. The Associuion shall have the right to prou•cd in acrvrdance with all neces+ary legal action for the. foreclosure and entoreement of liana, and it shall also have the risltt to commence action against auy member for the collection of any unpaid asssasment in any court of competent jurisdiction. 1. The developer shill assumes ell responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold, at which time the Homo Association shall be automatically eswhlished. J. Prior to site plan approval the developer shall file with the Town Board a performance bond to ensure the proper instellstion of all required improvements. and a main- tenance bond to ensure the proper maintenance n[ all common lands until the Homes Association is establishtd. The amount and term of said bonds shall be determined by the Planning Hoard, and the form, suF[iciency, r.~anner of execution and surety shell he approved by the Tawn Aoard. IC:DEX TO DECLAR<\TIOV OF COVE?itn6iTS A:iD RESTRICTIOi!S (F.XEIEIT IZI) AS F~•(E~iDED. P~ Prear.bles Definitions (Art.I, §1 to 5) 1 and 2 P.estrictions on Construction (Art.II 2, 3 and 4 and as a.~ended) Amendment 1 Open Spaces (Art. III, §1 to 8 4 and 5 The Association (Art.IIi §9 to 12 6 and 7 and as amended) Amendment 2 Covenants running with land (Art.III, §13) 7 Streets (Art.IV $1 to 5) 7 and 8 EXHIBIT III DECL.~RAT IO`! :'.aDE t'r.is lath day o° *:ay, 1975, by Pebble !?each P.ealty, Znc., a domestic cor_ooration of the State of New York having it's principal place of business at 620 Hempstead Turnpike, E1r..ont, 2:e•.+ York 11003, hereinafter called the Declarant; Svi-LFRE.~S, the Declarant is the owner in fee si,..ple of a certain parcel of land situate at East Marion, Town of Southold, County of Suffolk and State of New York, being the pre.•nises described in deed dated October 31, 1972 Wade by Arthur L. R.. Francisco and Helen T. Francisco to Pebble Beach Realty, Inc. recorded in the Suffolk County Clerk's Office on 23ove.T,ber 10, 1972 in Liber 7279 nt page 489, a metes and bounds description of which is shown on Schedule A as attached hereto and made a part hereof, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "b!ap" when used herein is intended to mean the subdivision mzp of the premises entitled "Map of Pebble Beach Farms, East Marion, To•.•m of Southold, Suffolk County, New York" heretofore approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's Office. EXHIBIT III - - • s 2. T::e wor3s "lot" or "lots" when used herein r,.ean the separate nucr~ered parcels of land as sho•.m on the subdivision map. 3. The word "street" when used herein means the streets or roads as shv+m on the subdivision map. 4. The word "open space" when used herein means the separate lettzred areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, coraoration or partnership owning all or a portion of the premises shown on the subdivision map. ARTICLE II: The following Covenants and Restrictions applying to the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer: 1. No dwelling ahall be erected having less than 1000 square feet of interior living area on the ground floor. Each dwelling shall have a full basement made of concrete block or V poured cement walls. Each dwelling shall have an attached garage with an asphalt or bluestone driveway extending therefrom to the attest pavement line. Each dwelling shall have a gable, hip, or pitched roof, No flat roofs shall be constructed. 2, No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any Lot. Any boat. stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. No more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. -2- 6. :;o :e:ces, ei=her natural or man made, shall be erected or maintained on any lot in excess of four (4) feet in height except that this limitation r,.ay be exceeded if required by the zoning ordinance of the Town of Southold in connectior. with the construction of a swimming pool or similiar facility. i-iowever, no .fences whatsoever shall be erected or gro•~n in that area of each plot which is forward of a line established by extending the rear line of each house to each side Line of the plot. Each corner lot shall for these purposes be considered to have it's front yard on the street of the longest dimension. 7. No title in and to the bed of the road is to be conveyed to the lot purehasezs. The Declarant retains the said title and the right to dedicate and convey the said title to the Town of Southold or to a lot owners' association, which associa- tion is as hereinafter provided. However, the lan3 in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether-installed on. the suzface of, or above or below the ground. 8. No nuisance nor noises of any kind, unwholesome an3 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 said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- eloper signs which comply with the Southold Town sign ordinance. A lot owner may maintain a "for sale", "for rent", or "pro- fessional office" sign on his lot not laiger than 12" x 24". 9. No sand, earth or sod shall be removed from a lot. or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. After construction, la~~ an3 landscaping shall be installed and maintained thereafter in an attractive manner.. 10. ;,n o•.m er of a water front lot fronting on the Long Island Sour,d shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set bac;; line sho•.m on the filed map, unless approved by the Town of Southold. 11. The individual lot o~~rner shall be responsible for, and repair or cause to be repaired, any damage to the paved and drainage Swale areas of the road in front of his lot, which may be caused by the operation of vehicles or machinery during construction or otherwise. 12. The use of each lot shall be limited to one family residential use. ARTICLE III - OPEN S?ACE It is the intention of the Declarant that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose ' certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open spaces on the subdivision map, to wi*_: Unless authorized by the Southold Town Board, 1. No structures shall be erected or placed in or on any open space. 2. No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. 3. No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such _q_ ~ ! other re:aoval of vegetation as may be required for the prop>r natural preservation thereof. 4. Subject to the foregoing provisions of this krticle III, open space areas "A", "B", "C", "D", and "G" shall be used solely for agricultural, recreational use of lot o'.n ers and their guests, and surf ace water drainage purposes, except that open space area "D" may also be used by the Village of Greenport for the purposes of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans therefor and the manner of construction thereof are approved by the Southold To•.m.BOard. 5.. Open space area "E" shall be used solely as a bathing beach and related uses by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor vehicle parking area for.the users of the bathing beach. 7. The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be establishe3 by the Declarant • or it's successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. 8. It is the intention of this Article III to restrict the open .spaces A to G, inclusive, for the use, benefit and enjoyment of lot owners, and therefor the Declarant covenants and agrees that it will, at all times during the o•.~mership thereof, maintain the same at it's expense, for such purposes. Declarant further covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision. 9. Declarant covenants and agrees that at or before fifty per cent (50%) of the lots have been conveyed by it, that it will, at it's own cost and expense, establish a not-for-profit corporztion to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" a.^d -5- • wit:tin sixty ,00) days ,'•.e~eafter co:~vey to such association all of the ri3::t, title and interest of the Declarant in and to said opan spaces A to G, inclusive, together with any and all private streets sho•++n on said subdivision map and any and all areas sho--.~n on said subdivision map for future highway dedication. 10. Uron the creation of the association as hereinbefore pro•~ided, every o•.Jn=r of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 11. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association iL'Laluding taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. (c) That every Iot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and improvement of it's property and to secure the same by a lien on it's property_ (e) That the association sha21 have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all changes due the association; that all -6- • ~ such Lr.?aid charges shall be a lien on the lot of such c'.m er and that the association shall have the right to collect the same and to enforce the lien thereo: by any mains authorized by law. (f) That the association shall pzy all taxes, assessmer.*_s and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of it's property and members. {h) 'T'hat the association shall use, operate, and maintain all of it's streets, bathing beaches and other owned by it ih a safe and proper manner and in with the laws, rules and regulations, order anc ~ of the Town of Southold and other governmental having jurisdiction thereof_ {i) That the duration of the association shall perpetual. 13. That all of the covenants, conditions and restrictions contained in this Article III shall be construed as read covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant. it's successors and assigns, their successors and assigns, and the Town of Southold, and it's successors and assigns. ARTICLE IV - STREETS 1. Declarant covenants and agrees to construct and main- tain at it's expense, during it's ownership thereof, all streets, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction -7- • • of ~.+s1__ .s o : iocs o` s~~ivision. 2. ?:o title to land in any street opened or sho•.rn or. t^e subdivision map is to be conveyed or intended to be conveyed to the o~.fner of any lot and the Declarant, and it's successors and assigns reserve the fee of all land lying in the bed of any <.nd all s~.:ch streets, and further reserves the right to convey to zr:y :nunicioal authority, or to the association, all of it's rights, title a_zd interest in and to any part or all of such streets, should the Declarant, or it's successors and assigns at any tine deem it expedient •to do so. • 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the Southold Town Planning Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within the subdivision and that it is imperative that the unpaved_ portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said street system in accordance with the direction of the Southold To•.an Planning Board and will at it's own expense make such repairs thereto as may be directed by said Board. No lot owner shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. 4. Declarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance with the requirements of the Town of Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5, The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe and proper condition. -8- i I2I HIiZv'SS n~iEP.EOc , this agreement has been executed (i the day and year first above written. : PEBBLE BEACii REALTY, ZL+C . , by c ~ ~ ~ ~ T r r M~ . ~ ~JOSeph J. ~ n, President . . • STATE OF NEW YORK, COUNTY OF SUFFOLK ; ss On the 14th day of May, 1975, before me personally came JOSEPH J. DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, MEtlverne, New Yozk 11565; that he is the President of Pebble Heach Realty. ~ Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation that the seal affi~ced to said instrument is such corporate seal. that it was so affixed by order of the board of directors of • said corporation, and that he signed his name thereto by like ' order. 1 LEFFERTS PAINE EDSON NOTARY PURIIC. Sale of Mar YorY No. 52.10776A • Su11eR CounlT :ommisewn Eapira Mereh 30. 197j -9- ' t'na= c>=;,--, ;>'-reel 0` L,.~,3, sit• 1..,-~ ^.7 and b=i. - :o~~• oP Southold. Coup*_•y~ of 5~~`_foi:. State o' _.>.r yor:< boy^.3ed ~.n3 described as folLows- BcGI?7SI.:: st a point on the northerly side o~ Main (State) aoa; adjoining t^° southeast corn°r of land o` Ruti:o:•~s~i Estate; running ^ence northerly ntor.g the lands of Rutl-ocJS`r,i Estate, Village o Green port, F.F. E;ing the following coursers ar.d dishaces: 1. t;orth 16 degrees 25 minutes 30 seconds Pest 272.03 Peet; 2, i:orth 15 degrees ~0 minutes 30 seconds West ~tY7.0? Pe2t• 3. forth L6 degrees 23 minutes 20 seconds F:e~ -t 127.7 Eeet; 4, North i5 degrees 2B minutes t•;est 102.95 feet; 5. L:orth 15 degrees 29 minutes 30 seconds F;est 310.56 feet• 6. North 1~ degrees 16 minutes PTest 260.73 feet; 7. north 16 degrees 29 minutes 20 seconds tfest 295.93 feet; 8. Llorth 16 degrees 31 minutes 30 seconds West 266.33 Peet; 9, f:ort'r. 16 degrees 29 mitlutes 10 seconds test 167.12 °eet; 10, South 69 degrees 47 minutes 10 seconds test 542.68 feet; 11. North 21 degrees 46 minutes 00 seconds t•iest 692.45 feet; 12. South 66 degrees 2B minutes 10 seconds t•rast 604.90 feet; 13. North 23 degrees 22 minutes 40 seconds t•7est 1365.0 feet to t~ Long Island Sound; thence northeasterly along the highwater mark of the Long Island Sound the following courses and distances: 1. North 38 degrees 10 minutes 40 seconds East 406.74 feet; 2. North 52 degrees 02 minutes 40 seconds East 317.G6 feet; 3. North 59 degrees 36 minutes 00 seconds East 435.78 feet; 4. North 38 degrees 09 minutes 30 seconds East 623.16 feat; 5. North 32 degrees 44 minutes 10 seconds East 499.30 feet; 6. North 26 degrees 50 minutes 20 seconds East 697.59 feet to lar of Hirten; thence southerly along said land the following courses and distances: 1. South 15 degrees 18 minutes ZO seconds East 300.0 feat; 2, South 13 degrees 54 minutes 10 seconds East 816.76 feet; 3. South 13 degrees 31 minutes 30 seconds East 436.67 feet; 4, South 13 degrees 26 minutes 40 seconds Fast 557.97 feet; 5. South 12 degrees 41 minutes 40 seconds East 314.36 feet; 6. South 13 degrees 40 minutes 10 seconds East 446.72 feet; 7. South 11 degrees 47 minutes East 126.63 feet; 8. South 13 degrees 00 minutes 20 seconds East 132.76 feet; .9. South 13 degrees O1 minute 50 seconds East 505.25 feet; •10. South 13 degrees 56 minutes ZO seconds East 200.0 feet; 11. South 15 degrees 39 minutes 30 seconds East 200.09 feet; 12. South 13 degrees 36 minutes 40 seconds East 262.01 feet; 13. South 13 degrees 56 minutes 20 seconds East 285.0 feet; 14. South 12 degrees 37 minutes 40 seconds East 153.04 feet; 15. South 15 degrees 10 minutes East 213.04 feet; 16. South 16 degrees 14 minutes East 90.07 feet; 17. South 16 degrees 35 minutes 20 seconds East 239.60 feet; 18. South 72 degrees 25 minutes 10 seconds West 144.42 feet; 19. South 19 degrees 47 minutes 10 seconds East 370.39 feet to the northerly side of Main Road; thence westerly along the northerly side of Main Road the following courses and distances: 1. South 56 degrees 13 minutes 40 seconds tdest 255.0 feet; 2. South 58 degrees 06 minutes 10 seconds West 339.0 feet; 3. On a curve bearing to the right having a radius of 812 feet a distance of 120.86 feet to the southeast corner of land of Rutkowski Estate the point or place of BEGINNING. open area 3 all ~:eather tennis courts.The tennis courts o,ill be graded and have an asphalt surface. They r~ili b=_ fenced c:ith a chain link fence. Open Space D consists of approxi~:.=_tely 6 acres. Oaen Space E is vacant land fronting on Long Island Sound having a total area of approximately 2 acres with 446' fronting on the Sound at the mean high water line. The upper portion of this area has been seeded and a ttJO tier railroad tie retaining wall approximately 200' long with an average height of 6' has been installed along the east boundary. Each tier has been landscaped with evergreen shrubs and railroad tie steps have been installed from the upper grassed area to the beach. Open Space F is vacant land which will be used for beach parking. It consists of slightly less than one acre with a paved surface accommodating 50 cars. ~ Open Space G is vacant land consisting of approximately half an acre. The Sponsor has no intention of dedicating the road system. With respect to the common areas cahich have been constructed, Open Spaces "A" to "G" and the road system, the Sponsor makes the following representation: The Sponsor represents that he does not knots of any defect or need for repairs and that to the best of the Sponsor's knowledge the above description accurately states the condition of the common areas and facilities. The property is offered in its current condition. Neither the Sponsor nor the Association will have any obli- gation to make repairs or improvements except as set forth in this Plan. -10- • P.ESOLUTION OF TFFE PLANNING BOARD OF THE TO:N OF SOUTHOLD DATED FEBRUARY 24, 1975 RESOLVED, that the Southold Tewn Planning Board approve the final map of the subdivision Y.nown as "Pebble Beach Farms" subject to acceptance by the Town Board of the bond, receipt of the inspection fee, approval by the Suffolk County Planning Commission, catch and leaching basixlsand piping as agreed to at meeting with the Superintendent of FIighway~, Town Engineer, Lawrence M. Tuthill, and Mr. Joseph Donovan at meeting held February 19, 1975. -11- DECi.a??.TION OF COVENANTS AND RESTP,ICTIONS A copy of the Declaration of restrictions is set forth herein as Exhibit III. Those Covenants basically provide for the folloca- ing: 1. That the Sponsor will establish the Cluster Development with certain open areas described cn p.7 to lU `ereof. 2. That the Sponsor will form a Not-for-Profit Corporation known as Pebble Beach Farms Lot Owners Association, Inc. (the "Association") in which every owner of a lot will become a member immediately upon purchase of his lot within the subdivision. 3. That on or before January 1, 1976 the Sponsor will deed to the Association all of the common areas herein ~ described. 4. That immediately upon becoming a member of the Association, i.e., immediately upon acquisition of the lot by the individual owner, the said individual iot owner will be obligated to pay annual maintenance cost for maintenance of the open areas. The prospective budget for such maintenance is set forth on Paqe 5 hereof and is presently estimated at $47.77 per lot per year. This charge will be made in the form of an assessment against the lot owner and in the event of default, may be recovered by the As__=ociation, 5. The lien for unpaid maintenance charges constitutes a lien against the lot which has not paid its annual assessment, and in addition to the owner's personal -12- liability, defaulting lot owners can be deprived of the facilities in the event of the non-payment of the assess- ment. Defaults in payment of assessments may be recovered in any suit or proceeding brought to collect the assess- ment. 6. No dwelling shall be erected having less than 1000 square feet of interior living area. 7. No mobile or modular homes shall be installed on any lot. 8. No commercial or recreation vehicles or trailers shall be kept ungaraged on any lot. 9. No more than two pets shall be kept by any lot owner on his premises. 10. No fences natural or man made shall be erected or maintained in excess of 4' high except as required by zoning ordinances. 11. Owners of water front lots shall not con- struct any part of the dwelling northerly of the 100' bluff set back l;.ne shown en the filed map. -13- THF. ASSOCIATION She Association will be established under Sec- tion 402 of the Not-for-Profit Corporation La~.r as a Typ=_ A Corporation. Each lot o~.aner, upon purchasing a lot o:ithin the subdivision, will be required to join the Association. The Certificate of Incorporation is more fully set forth in Exhibit IV annexed hereto. The By-Cocas of the Associa- tion will provide the following: 1. rembership shall consist of two classes; Class A which shall be all the owners of lots within the subdivision. Such members shall be entitled to voting rights on the basis of one (1) vote per lot owned, regard- less of the number of persons owning the lot. Class B member will consist of the Sponsor, who shall have one (1) vote for each lot owned oy Sponsor within the subdivision. _ Membership privileges may ba suspended for failure to pay any assessment. 2. The Association shall be managed by a Board of Directors, the number of which will be fixed from time to time but shall not be less than three (3). The Board of Directors shall be elected annually at an annual meeting in accordance with the By-Laws. Each member will be entitled to one (1) vote per lot. How- ever, in no event will the Sponsor after tcro (2) years next following the closing of title to the first lot in said subdivision be entitled to elect more than a minority in number of the Board of Directors. Thus, if the Board of Directors constitutes three (3) or four (4) members, -14- the Spo^ser after said te:o (2) year period shall be en- titled to elect o~11y one (1) Director. If th= Eoard of Directors shall be five (5) or six (6) in number, the Sponsor shall be entitled to elect not more than t~::o (2) Directors. Zn the event, however, that this provision si~ould conflict e•tith the provisions of Section 611 Suh- division (E) of the Not-for-Profit Corporation Law, th= latter will prevail. The proparty and business of the Association shall be managed by the Board of Directors in accordance with the provisions of the By-Laws, the Cer- tificate of incorporation and the Not-for-Profit Corporation Law. 3. Officers: The Officers of the Corporation shall be chosen by the Board of Directors, which officers shall be a President, Vice President, Secretary and a Treasurer. The Board may also choose one or more Assistant Secretaries or Assistant Treasurers,-or such other officers as in their judgment may be necessary. All officers must be members of the Association and owners of lots. 4. The By-Laws will provide that the Board of Directors may levy assessments for maintenance charges against the owners of lots and the failure to pay such assessment shall become a lien on the lot of the member. • Defaulting lot owners can be deprived of the use of the common areas, but in no event can such defaulting owner be deprived of ingress and egress to his lot. De- fault in assessments may be collected in any suit or proceeding against the lot owner. There is no provision for binding arbitration in the Certificate of Incorpora- tion, the By-Laws or the Declaration of restrictions. -15- • 5. From a date tc•~o (2) years follocaing the closing of title to the first lot within the subdivision, the Sponsor, regardless of the number of lots o!aned brill ba permitted to elect only such number of directors as will constitute a minority on the Board. -16- ~ i 07LICATIONS OF SPOCISOR The Sponsor mill provide at its o~.an cost and erp~nse title insurance covering the open areas from Chicago Title Insurance Company. The Sponsor will complete the erection of all c•~eather tennis courts on open Space D within one year from the date hereof. The Sponsor will be obligated to pay maintenance assessments on all lots owned by it. it should be clearly understood, however, that the purchaser of a lot will be- come liable for his share of the maintenance charges on open spaces allocable thereto. Except as indicated above, the Sponsor is not obligated to make any improvements in the open areas. So long as the Sponsor controls the Lot Owners Association, it will manage the Lot Owners Association without making any charge for such management services. Thereafter, if the Association engages the services of a manager, it will incur additional expense. This expense is not reflected in the expenses estimated above. Nor is it anticipated in setting the amount of the contingency reserve. -17- IDENTITY OF PP.RTIES Pebble Beach Realty, Inc., the Sponsor, is a wholly o:anzd subsidiary of the Equitable Federal Savings & Loan Association of New York. Equitable is a federal- ly chartered mutual savings and loan association with its principal offices located in Brooklyn and branches in Nassau and Suffolk County. The Association has been in existence for SO years. Tha Association's sole in- terest in Pebble Beach Realty, Inc., is as a stock- holder. The President and Chief Operating Offieer of Pebble Beach Realty, Inc., is Joseph J. Donovan. Mr. Donovan is a Vice President of Equitable Fedezal Savings i Loan Association of New York and has been en- gaged in various phases of the real estate business for the past 29 years. For 17 of those years he was the principal operating officer of a construction company. He has-since that time been actively engaged in real estate appraisal and has performed this function for a variety of county and municipal agencies. Pebble Beach Realty, Inc., is the selling agent as well as the Sponsor of Pebble Beach Farms. -18- DOCUaE::TS TO BE RECEIVED PERIODICALLY BY ASSOCIP.TIOii A:E_•?HERS All members of the Association dill be entitled to receive, annually, from the Association at the ex- pense of the Association, copies of the following: A. An annual audited financial statement prepared by an independent certified public accountant to be received by June 30th annually. H. Notice of the holding of an annual members' meeting for the purpose of electing a Hoard of Directors to be received by June 30th annually. The aforesaid dates may be~changed later pur- suant to the Hy-Laws. -19- DOCUMENTS ON FILE In accordance with Section 352-e (9) of the General Business Law, copies of this Offering Plan and all e:chibits or docrtRents referred to herein shall be available far inspection by prospective purchasers and by any person wha shall have purchased securities offered by this Plan or shall have participated in the offering of such securities, at the office of the Agent, Pebble Beach Realty, Inc., 620 Hempstead Turnpike, Elmont, New York 11003, and shall remain available for such inspection for a period of six years. -20- GE;IERP.i. The Plan does not knowingly omit any material fact or contain any untrue statement of any material fact. Exact copies are contained herein of the Declaration, sample Contract of Sale and Sample Deed. There are no lawsuits or other proceedings no=.+ pending, or any judgments outstanding, either against the Sponor or the Association or any person or persons which might become a lien against the Property or which material- ly affect this offering.. The Sponsor has consented to the entry of an Order in an action entitled People of the State of New York v. Pebble Beach Realty, Inc., pursuant to Article 23 (a) of the General Business Law of the State of New York concerning the sale of approximately 13 memberships in the Lot Owners Association without first having filed its Offering Plan with the Department of Law of the State of New York. In said pro- ceedinq, Sponsor denied any violation of the law. This Plan is offered only to persons over 21 years of age residing in the State of New York. In accordance with the provisions of the laws of the State of New York, the Sponsor represents that the Sponsor, the Association and the Agent will not discriminate against any person because of race, creed, color, national origin or ancestry in the sale of lots at Pebble Heach Farms in the offering of memberships in the Association. As of the date of first presentation of the Offering Plan, neither the Sponsor nor the Selling Agent, nor any representative, or agent thereof, has raised funds or made any preliminary offering or binding agree- ment to or with prospective lot owners at Pebble. Beach -21- Farms, except as indicated above. No p=rson has been authorized to make any rep- resentation cihich is not expressly contained F.erein. This Plan may not be changed or modified orally. Dated: December 16, 1975. PEBBLE BEACS REALTY, INC. By/s/ Jose h J. Donovan Josap J. Donovan, Prea1 ent -22- s ~ A_"~21D~NT OF D?CLARATIODI This document amends the Declaration made by Pebble i3each eealty, Inc., dated I?ay 14, 1975 and recorded in the s'a'°olk County Cler<'s Office on June lI, 1975 in Liber %855 at pa:;e 11. Paragraph 1 of Article ZI is hereby amended in two respects: A. The second sentence of the said Paragraph 1 provides that each dwelling shall have a full basement made of concrete block or poured cas~nt walls. This requirement is hereby deleted. B. The third sentence of the said 1•ar~.rraph 1 provides that each dwelling shall have an attac'.••1 garage with an asphalt or bluestone driveway extendin~a rhe:•~:rom to the street pavement line. The requirement that :.h, Iarage s'..;1 be attached to the d~+ellinq is hereby removed, :.e., the .+o rd "attached" is hereby deleted from that srntence. IN WZTNE55 WHEREOP, the declarant hereunto sets his hand and seal this 8th day of September, 197. PEBBLE BEACH REALTY, INC., by: • , Joseph J. Donovan, President STATE OF NEW YORK, COUNTY OF SUFFOLK: ss On the 8th day of September, 1975, before me personally came JOSEPH J. DONI,~vADi, to me known, who, betna me duly sworn, did depose and say that he resides at "'1 ilc•rr• .treet, !•talverne, New York 11565; Lhat he is the President oC ••:hle Beach Kealty, Inc. the corporation described in and whiff;. ~•r..•cut.~d the fore- going instrument; that he knows the seal o: arf corporation; that the seal affixed to said instrument r~- ~a::! corporate seal; that it was so affixed by order of th. !7ua 1 of directors of said corporation, and that he signed his r,ael•• c: ~:.•to b; like order. lte:enr5 n~mt t~•,or+ ~orawr Pue~ It. Soo or w, rc,~ - - M.. S2 dU//~S • S.nYU fou,p Crrr~yy ~9MM W„~ 3Q l~r• A•tE?vD~IE'~T OF DECLARATIOdi This document amends the declaration Wade by Pebble Eeach P.ealty, Inc., dated Ptarch 14, 1975 and re- corded in the Suffolk County Clerk's Office on June I1, 1475 in Liber 7855 at page 11, as heretofore amended by the A_~endnent of Declaration dated September 8, 1975 and recorded in Suffolk County Clerk's Office on September 1975 in Liber at page ARTICLE III, Section 9 is hereby amended to read as follows: "The declarant covenants and agrees that on or before the 1st day of January, 1976, it will at its o~an cost and expense establish a not-for-profit corporation to be known as "Pebble Beach Farms Lot Owners Association, Inc." hereinafter referred to as the "Association" and will convey to such association all of the right, title and interest of the declarant in and to said open spaces A to G, inclusive, with any and all private streets shoam on said subdivision map and any and all areas shown on said subdivision map for future highway dedication, ARTICLE III, Section 12(a). That the Associa- tion shall have two classes of membership interests as fo1- locas Class A. Class A l4embers shall be the Owners of a lot or lots. Such Members shall be entitled to voting rights on the basis of one (I) vote per lot owned regardless of the number of persons owning the lot. Class B. The sole Class B Member shall be the Sponsor who shall have one (1) vote for each lot owned by the Sponsor herein within the Subdivision. The Class B t•1er..ber after tcao (2) years follo~riny^ the closing of title to the sole of the first lot within the subdivision shall not elect a majority to the Board of Directors, i.e., if the number of directors are three or 4, the Class B tlember shall not be permitted to elect more than 1 director; if the number of directors are 5 or 6, the Class B itember shall not be permitted to elect more than 2 directors." ARTICLE IZI, Section 12(e) is amended to read as follows: "That the Association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all charges and assessments due the Association; that a lot owner shall be personally liable to the Association for any and all such charges and assess- ' ments; that all such unpaid charges and assessments shall be a lien on the lot of such owner and that t:ie Association shall have the right to collect the same and to enforce the lien thereof by any means authorized by loco." ARTICLE III, Section 8 is hereby amended to add thereto the following sentences: "Every member of the Association referred to belocv shall have the right and easement of enjoyment to the open • spaces and all private streets shown on the subdivision map and any and all areas shoe>n on said subdivision map for future highway dedication including such easement, su2~- ject to the terms of this declaration as may be needed Eor purposes of construction. Such easement shall be appurtenart to and shall pass with the title to the lot subject only to this declaration and to the by-laws and regulations of said Association." 2 ARTICLE III, Section 13 is amended to add thereto the following: "Unless specifically prohibited herein, this declaration may be amended by an instrument signed by members of the Lot Oc•rners Association referred to above holding lot less than 90A of the votes of the membership, Any amerd:~ant must be properly recorded to be effective. The Association shall have the right to sell or disgose of its properties. Upon dissolution of the Association, its real and personal assets, including the Common Properties, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused accept- ance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organi2ation to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. No such disposition of the Association properties shall be effective to divest or diminish any right or title to any Member vested in him under the licenses, coven- ants and easements of this Declaration, or under any subse- quently recorded covenants and deeds applicable to the Pro- perties, unless made in accordance with the provisions of this Declaration or said Covenants and Deeds. IN WITNESS WHEREOF, the declarant hereunto sets its hand and seal this day of December, 1975. PEBBLE BEACH REALTY, INC. By osep Donovan, Presi ent -3- STATE OF NESJ YORK, COUD1^1Y OF SUFFOLK) ss.: On the day of Decemb=r, 1475, before me ~ pezsonally came JOSEPH J. DONOVAN, to me knocrn, caho, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malverne, New York 11565; that he is the President of Pebble Beach Realty, Inc., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is said corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereby by like order. 4 _J , ~1.• f...l %:fit 1.~~, s ii. r~ I •.G~• ~,~q r -ly5 tlIV+MI.G. IFC IJV dl~»( PV 31~i.~i.1 A ~ ~ \ .t ( ~ 1'. b0 GtCw •.ci PIJC[ ?i do - 9FO`wJr. fl S'w Y0.4 C>~~rtific~r of ~urnr~ura`iutc of PEBHI,S BE.aCH FARD3S LCYP GW':t~R_S ASSOCIAT I03, L*iC. unc'e: section :0? of the Not-for-Profit Corpor~rion Law IT IS iSEP,EBY CERTIFIED THAT: (1) Tr:-_ name of ch: corporation is Pebble 3each Parr13 Lot Gwners A9sociati0„ L'tC. (2) TFe corporation is a corporation as defined in suhparagraph (a)(S) of section 702 (Definitions) of the 1'.'ot-for-Profit Corporation Law. (J) The purpose or purposes for which the corporation is formed are as follows: to take title to, own, maintain, operate and otherwise caze for certain real property located at Pebble Beach Farms, at East :iarion, To•Nr? of Southol9, Suffolk County, 'Neva Yort, for the benefit of its t^embers, to prctnote cooperation ameng the members having the right to use said properties, to assess and collect from each memLsr or owner of a lot at Pebble Beach Farms an annual lot owner's fee and such other arsounts as may from ti.~ae to rims constitute the member'B pro rata share of the cost of owning, maintaining, improving and operating the real estate held by the corporation for the use of its members. The corporation, in furtherance of its corporate purposes above set forth, shall have all the powers enu- merated in section 202 of the Not-for.Profit Corporation Lawr subject ro any limitations provided in nc~ Nor-for•Prafir Corporation Law or any other statute of the Stare of New York. °'rHIBIT IV • ! (~i corporation shall be a Type A corporation pursuant to section 201 of the Not-for-profit Co: po- rarion Law.' (S) The ofFice of the corporation is to be located in the Town (tits) (town) (Ineogroratal rlllaFd of Southold County of Suffolk State of New York- (6) The territory in which the activities of the corporation are principally to be conducted is Eaat Marion, Town of Southold, Suffolk Couaty, Hew Yozk ' (7) Thr post office address to which the Secretary of State shall mail a copy of any notice required by law is Pebble Beach Realty, Znc., 620 Hempstead Turnpike, Elmont, TIY 110J3 • M Hr au el Tfoe ~ an/ C eary,rali„a wt lirla tln „we aM alldrore et en iniliai Onetan. ryp t rn,vatiw wut oat faRa tb IawW rypia v auai~/uiLa a9lati.r .ei<~ urn gunner Ouryn, wtll whim. i • !3~ ~ ova! and consents regsited by la•r. Vo approvals and consents are required bylaw. ~ Prior to deli eery co the department of state for filing all approvals and consents regricrl bylaw will be endorsed upon or annexed to this certificate. No approvals an3 consents are required by la~.i. IN WITNESS WHEREOF, tkt uadersfgned incorporator, of Back of tksm if tkers are more ehaa one, being at least nineteen years of age, arm(s) that tke seatemems made herein are tree ender the penalties of perjury. Dated November 19. 1975 Jose7~h J. Donovan / l = C'/ ' ~r 1..---...`..L__..~._:_._..~..... tom:....... /....~~.r_s:._.r_ 4._._......... Trw M MtgwY~ / Siw 620 Hempstead Tnsapik~, 8lmont, DTY 11003 awe. .iro. ~ N ManrNn scpl.n t~ T7p, or N i~e~r SITaOin MMq 9Y-L ;15 of PE3°LE 3EF.CII F't,~-IS LOT OhiVEP,S ASSCCIATIO\', Z*IC. A Iae~.a York I'ot-for-Profit Corporation AP,TICLE I. IJAhtE, LOCATION ?\hD PP.INCIPAL OFFICF. The Corporation shall be kno~.~n as Pebble Beach Farms Lot Owners Association, Znc. Its principal office shall be located at 620 Hempstea3 Turnpike, F.lmont, Nets York. ARTICLE II. DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "ASSOCIATION".shall mean and refer to PEBBLE BEACH FARIfS LOT OI+iPJERS ASSOCIATION, INC. , a tdew York Not-for-Profit Corporation. (b) "SPONSOR" shall mean and refer to PF.HBL£ BEACH REALTY, I27C., a New Yorl: Corporation, anft its suc- cessors and assigns. (c) "DECT.ARP.TION" shall mean and refer to . the Declaration applicable to The Proaerties recorded in the Office of the Clerk of Suffolk County, New York, on June 11, 1975, in Libor 7855 beginning at 1+. 9. (d) "THE PROPERTIES" shall mean and refer to all those areas of land described on Schedule A to the Declaration. (e) "CO~P4ON PROPERTIES" shall mean and refer to these open space areas of lard, including the facili- ties constructed thereon, if any, described as open space areas "A", "H", "C", "D", "E", "F" and "G" on the sub- division map entitle3 ":^ap of Pebble Reach Farms, Fast :clarion, Tocan of Southold, Suffolk County, Neva York", and the private roads and streets shocdn thereo^, said. map having been filed in the Suffolk County Clerk's Office on June 11, 1975 as Plap No. 6266. EXHIBIT V (f) ".'ICiIBER" shall Wean and refer to each hel~:ar cf eithar o` the trm classes of li~:zberst~ic~ In- terests in the Association, as such interests ~.re set forth in Article l~I. (g) "LOT" shall m.<<^an and refer to lots shocin as senarataly :~u,;,bere8 pazcels of land en the Fi~.bc~ivision '~s~ of Pe~b1e Beach Farr.s. (h) "OiFMER" shall mean and refer to the o~:per c: fee si^ole title t0 any lot in the Prooerti.es. slhere such ownership is joint, in common, or tenancy by the entirety, majority vote of such o!~ners sh=11 he necessary to cast any vote to ::hich the o~:aners are entitled. AP.TICLE III. P~IRPOSE This Association is forrt:e~? to oarn, operate, manage and control the Ce.~nmon Properties as a Homeowners' Association for the benefit of its :~lecabers as herein de- fined. ARTICLE IV. APPLIC.i1HILITY AlI present and future F;embers, Lessees, Tenants, their families, gues`.4, licensees, agents, employees and any other person or persons that shall be permitted to use the Common Areas shall be subject to these Ey-Laws and to the Rules and Regulations issued by the Association to govern the conduct of its P-ie~bers. ARTICLE V. USE OF FACILITIES The Common Properties shall be IimiLed to the use of the tdembers and their guests. In the event that a !dember shall lease or permit another to occupy his lot, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Common Properties in Lieu of and subject to the same restrictions and limitations as said Member. Any D!ember, lessee or occupant entitled to the use of the Association facilities may extend suck privileges to members ef. his fa.Tily re- siding in his household by notifying the Secretary in soriting of the names of any such persons and of the rela- tionship of such D:ember, lessee oz occupant to such persons. -2- ARTICLE VI, hIE['BERSHZP AND VOTING P.ZGHTS Section 1. ".enbersh~. The Association shall have tcao (2) Classes of ^'em~~er;hip interests as fo11o~::s: Class A. Class A "enbers sLa11 ba the Cwner~ of a lot or lots. Such "Ie~:.bers shall be entitled to voting rights on the basis of one (1) vote per lot oarned regardless of the number of persons owning the lot. Class B. The sole Class B c:e-*~er shall be the Sponsor urho shall have one (1) vote for each lot ourned b~~ the Sponsor herein caithin the Subdivision. The Class S :Member after two (2) years following the closing of title to the sale of the first lot within the Subdivision shall not elect a majority to the Poard o_ Directors, i.e., if the number of Directors are 3 or 4, the Class A!ember shall not be permitted to elect mere than 1 Director; if the number of Directors are 5 or 6, the Class B Member shall not be permitted to elect t*.ore than 2 Directors. Section 2. Suspension of Membership. The rights of taembership are subject to the payment of periodic assess- ments levied by the Board of Directors, the obligation of :ohich assessments is imposed against each 2•:ember and becomes a lien upon the property of any Owner against ~;hich such assessments are made as provided for by the Declaration. During any period in cahich a rt2mber shall be in default in the payment of any assessment levied by the Association, the voting rights, if any, of such ?•?ember and the diember's right to the use of the Common Properties may be suspended by the Board of Directors until such assessrent has been paid. Such rights of a Class A b!esber may also be suspended, after notice anti a hearing, for a perio8 not to exceed thirty (30) days, for violation of any rules and regulations estab- lished by the Board of Directors goverrinq the use of the Common Areas. ARTICLE VII. QUORU21, PROXIES AhD F!AIVEP.S Section 1. Quorum. So many Fieribers as shall represent at least fifty-one (51~) percent of the total authorized votes of all :4embers present in person or rep- resented by written proxy shall be requisite to and shall constitute a auoru.*n at all meetings of the Association for -3- • ! the transaction of business, e~:cent as othero;ise provi::ed by Statute, by the Declaration, the Certificate of Incor- poration of the Association or by these Ey-La:.s. If, hoor- ever, such c;uorun shall not b= present or. represented at any ::eeting of the P.ssociation, the 'embers entitled to vote thereat, present in person or represente3 by r:ritten pro~:y, shall have the pocaer to adjourn the meeting trop tine to tine, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned Heeling at e•rhich a quorum shall be present or represented, any business may be transacted ~•rhich night have been transacted at the meeting originally called. Section 2. Vote Pequired to Transact Business. Vlhen a quorum is present at any meeting, the vote of a majority of the votes entitled to be ca3t by :!embers present in person or represented by written proxy shall de- cide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which, by express provision of lacy, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required. Section 3. Right to Vote. ?4tembers shall be en- titled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. Proxies. All proxies shall be in trriting an s~halTTe fiTe3 with the Secretary prior to the Hooting at crhich the same are to be used. " Section 5. Waiver and Consent. Wherever the vole of the t4~iett e~ip at a meeting required or p=rmittefi by statute or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taY.en in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all t4embers who would have been entitled to vote upon the action if such meeting were held, shall consent in ~aritinq to such action being taken_ Section 6. Place of Mew eting. Meetings shall be held at such alas may designated. by the Board of Direc- tors and designated in the notices of such meetings. -4- Section 7. Annual Iieetinqs. The annual neetinq of the r..e~:.~ershin of the Asscciation shall be held on such date as is fixed by the Board of Directors. F.t such neet- ings ':here shall be elected by ballet of the n.embership a Board of Directors in accordance critic the requirements of these Bv-Lacrs. The ~:enber.s nay also transact such other business as nay properly come before the seating. Section. ^o. Special teetings. It shall be the duty of the President to .:all a special neetinq of the Association, if so directed by the Board of Directors, or_ upon the ores=_ntation to the Secretary of a petition. signed by a majority of the 'denbers. Section 9. notice of .?eetings. It shall be the duty o t e Secretary to mai a notice of each annual or special meeting, stating the puraose therecf as well as the time and place where it is to be held, to each Member at least ten (10) but not more than fifty (50) days prior to such meeting. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call. (b) Proof of notice of meeting or waiver of notice. (c) Reading of minutes of preceding meeting. (d) Report of officers. (e) Report of committees. (f) Appointment of inspectors of election (in the event there is an election). (q) Election of Directors (in the event there is an election). (h) Unfinished business. (i) New business. ARTICLE VIII. BOARD OF DIP.ECTORS Section 1. Number and Term. The number of Directors whioh shawl constitute the ~rhole Hoard shall be fixed from time to time by vote of the members but shall not be less than three (3). An initial Board consisting of three (3) Directors shall he designated by the Sponsor to serve until the first annual meeting of the Assoc.iaticn. At the first annual meeting and at all subsequent annual meetings the Members shall vote fen and elect Directors -5- • to sere=_ for one (1) ~•ear tens end until th.ir successors here bzan -cult' elected =na aualifie~i. A11 Directors other that these the sponsor shall have nominated must be "tembers of tt?e Fssociation. I1ach Director shall b= at least nine- t~~;r. (19) ;ears of zqe. Section 2. Voting. In any election of Directors, each :~'er.,ber s~~ to entitled to one vote for etch Lot ocrned by said ttember. Hocrever, after tc,~o (2) years from the date of closing of title to the first lot c~ithin the Sub- division, Class B `Iembers shz11 net be entitled to elect more than z majority to the 9ozrd of Directors as set forth in Article VI Section 1 hereof. Section 3. Vacancy ar_d Replacement. If the office of any liirector becomes vacant by reason of death, resignation, retirement, disRUalification, removal from office or othenrise, a majority of the re.T.airing Directors though less than a quorum, at a soecial meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and cualified. Section 4. Removal. Directors may be remove3 for cause y a~ n affirmatiT to of a majority of the Ftembers. No Directors, other than a designee of the Sponsor, shall continue to serve en the Board if, during his term of office, he shall cease to be a idember. Section 5. Powers. (a) The property and business of the Pssociation shall be managed by its Board of Directors, which *!ay exer- cise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Lacrs, directed or required to be exercised or done by the :Iembers oerson- ly. However, no extraordinary expenditures or expenditures for capital improvements shall be made without the approval of the Diembers. Directors pocrers shall specifically include, but not be limited to the following: -6- 1. To determine ar.d 1^vy annual assessments ("Association assess~n=_nts") to cover the cost of opera tiny and maintaining the Cor,:~on Properties payable in advance. The Peard o~ Directors rav increase tae monthly assessments or vote a special assessment in excess of *_~at aneunt, if required, to meet any additional ordinar~• and. necessary expenses. 2. To collect, use and expend the assess- . vents collected to naintain, care for anal pre- serve the Common Properties. 3. To open bank accounts on behalf of the Association and to designate the signa- tories to such bank accounts. 4. To insure and keep insured the Common Properties in accordance with Article XII of these By-Laces . 5. To collect delincuent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from !4embers for violations of the rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend the same from time to t`_me. Such rules and regulations and amendments thereto shall be binding upon the +embers. Such rules and regulations may, crithout liniting the fore- - going, include reasonable limiations on the use of the Common Properties by quests of the :!embers. 7. To employ cuorkmen, gardeners and a bookkeeper, and to purchase supplies and equip- ment, to enter into contracts, to provide main- tenance and other service to said property and generally to have the powers of Directors in connection with the matters hereinahove set forth. 8. To bring and defend actions by or against more than one (1) !•fember and pertinent to the operation of the Association. -7- 9. Te acquire and naintain adequate fire, aublic liability and such other in- surance as it deems necessary for the protec- tion of its property ar:d ^ienbers. (b) Tire Board of Directors mav, by Reso'_ution or R=solutions, passed icy a majority of the s:hole Board, designate on= or c+.ore co-u-:ittees, each of such concr.ittees to consist of at least three (3) Directors or [enbers, one of cahom shall be a Director, erhich, to tite extent provided in said Resolution or Resolutions, shall have and r.;ay exer- cise the pourers of the Board of Directors in the manage- ment of the business and affairs of the Association and may have power to sign all papers t,rhich ma;~ be required, provided the said Resolution or Resolutions shall speci- fically so provide. Such committee or co..u,~ittees shall have such name or names as may be determined fro:.t time to time by Resolution adopted by the Board of Directors. Com- mittees established by Resolution of the Board of Directors shall Y.eep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, as s-uTsha~~receive no compensation for their services. Section 7. Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as scon there- after as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the annual meeting of Association t4enbers and immediately after the adjournment of saute, at tohich time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Poard may be held without special notice. (c) Special meetings of the Board may be called by the President on two (2) days' notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President cr Secretary in a like 'manner and on like notice on the written request of at least two (2) Directors. (d) At all meetings of tiie Bo<rd, a rajority of the Directors shall be necessary and sufficien*_ to coasti.tute a quo r. L^± for the trar.sactior of business, and an act o` a tc;o-thir~.s riajority of the Directors present at any ..eating dt (d[11Ch there 1G z nuorur.. shall be the act or rh= Boz rd of Directors, except ds m2.V be Ot('.e rlrlSe specifically provided by statute or by the Declaration or by these B1-Laers. If z auorur s':~all not be present at any r,.eetirg of Directors, the Directors present thereat ray adjourn the meeting froe time to time, erithout notice other thin announcener.t at the meeting until a quoru,~ shall be present. (e) At oz prior to any meeting of the Board of Directors, any Director may, in ~~ritinq, eiaive notice of such meeting and such c.aiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Hoard shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meet- ing. Section E. Annual Statement. ^he Board of Directors s alb urnish to all I•tembers and shall present annually (at the annual meeting) and when called for by a vote of the Diembers at any special meeting of the t4embers, a full and clear statement of. the business conc'itions and affairs of the Association, including a balance sheet and profit and loss statement verified hy..an independent public accountant and a statement regarding any taxable income attributable to the Plembers. Section 9. Fidelity Bonds. The Board of Directors may require that all officers and employees of the P.ssoci- ation handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be an expense of the Association. ARTICLE IX. OFFICERS Section 1. Elective Officers. The Officers of the AssociatioTn sTiZT e c. osen 6y tie Board of Directors and shall be a President, a Vice President, a Secretary a.nd a Treasurer. The Board of Directors may zlso choose one or more Assistant Secretaries and Pssistant Trer.surers and such other officers as in their judgment may be necessary. A11 -9- officers rust be either members of the Heard of Director or n_-tbers o: th•~ ~•._,sociation, idp perso~i si:all hot.d rcore thin onE o°`ica at any ene times. Section 2 Election. The 5oard of uirectors, c'.~ 1t5 i_r5t I'eEtlti~ aitCr 2dCh annual cdil ng Of Ft550C121- t,on :!2i7:,9rS, sha'_1 elect d ?rl°Sl~~eP.t, d t.r1C^ ?r^_S1C:C.nt~ g ,C rata r_. dnG: a Treasurer. Only t~!le ~~rRSI~".CRt mUSt h? ca~.ber o'_ the Board. Section 3. Appointive Offic-=_=. The Board m.dy aoooir+.t sucn of er offlcer~ s anc~ agents as it shall deep r.eceasdry :rho shall hold their offices for such terns and shall exercise such powers and perform such duties as shalt be determined from timz to time by the Board. S_ction 4. Tern. The officers shall hold office for the term to cuhich they are elected and appointed and until their successors are chosen and qualify in their sfiead. Any officer elected or appointed by the Board of Directors may be removzd with or without cause, at any tir,.e, by the affirmative vote of a majority of the crt•.ole Board of Direc- tors. .If the office of any officer becomzs vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association t2er•.bers and tite Board of Directors, shall be an ex-officio r..ember of all standing committees, shall have general and active manage- m ent of the business of the Association, shall see that all orders and Resolutions of the Board are carried into effect and shall have such other po:uers and duties as are usually vested in the Office of President of a corporation organized under the Not-for-Profit Corporation Law of the State cf New York. Section 6. The Vice President. The Vice President shall take t- eT pace o~t~Fie Presi ent and perform his duties cahenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Lana of the State of New York. Section 7. The Secretary The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association tiembers and record all votes -10- _ and the r.,inutes of all oroceedinys in a boot to be }:opt for that ourpose any? shall perform li}:e duties for the standing CO^:'llttEcS :den reRUir~d, Ee 5}ldll R1Ve, OL cause to be giver„ r.o=ice of all meetirys of e\ssociation i~tembers and special r!eetirys of the Roard of Directors, and shall nerforn such other duties as :gay be prescribed by the Board of Directors or by the Fresideat, under whose supr:_~,;isior he shall be. Section S. The Treasurer. The Treasurer shall have the Gusto y o the Association funds and securities and shall keep full and accurate accounts of receipts. and disbursements in books belonging to the P.ssociation in- cluding the vouchers for such disburse.:~eats, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board, or whenever they may require it, an account of all his transactions as Treasurer and o° the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each l~iember, which, among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance re- maining unpaid. Section 9. Agreements, etc. All Agreements and oth®r instr~iim none is sha31 be executed by the President or such other person as may be designated by the Board of Directors. Section 10. Checks. All checks or demands for money and notes o t e Asso is ation s!Zall be signed by the President and Treasurer, or by such other officer or officers or such other person or persons as the Board of Directors may from time to time designate. -11- ARTICLE X. C:OTICES. Section 1. Definition. fshenever under the pro- visions of t.e Declaration or of these Gy-Lams, notice is required to be given to the 3oard of Directors o:- to any Director or Association !•tember, it shall not be construed to react personal notice; but such notice may be given in ~.ritirg, by mail, by depositing the sama in a post office or letter box in a postpaid sealed ~•:rap?er, addressed to the Board of Directors, such Director or ~•Sem.ber at such address as appears on the books o,`. the Association. Section 2. Service of Notice - fdaiver. tdhen- ever any notice is requires to ~e given un ecT`r tTie provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or aftez the tiz!e stated therein, shall be deemed the equivalent thereof. ARTICLE XI. ASSES S__^tEc:TS AND FINAi+CES Section 1. The Board of Directors shall have the right to proceed in accordance •eith the law for col- lection of any unpaid dues and assessments and for the foreclosure and enforcement of liens in the association's favor. The association shall have a lien on the lot of any member for unoaid dues and assessments, all as more particularly described in the Declaration of Covenants, dated June 11, 1975, affecting the lots. ARTICLE XII. SELLING, LEASING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. Any' lot, and t e in!provements t ereon, may a conveyed or leased by a Meiaber, except that no Dtember shall convey, mortgage, pledge, hypothecate, sell or lease his lot unless and until all unpaid Association expenses as- sessed against the lot shall have been paid as directed by the Board of Directors. Such unpaid Association ex- penses, hocaever, may be paid out of the proceeds from the sale of a lot, or by the Grantee. Any sale or lease of a lot in violation of this section shall be voidable at the election of the 3oard of Directors. Upon the written request of a Member or his Mortgagee, the Board or its designee shall furnish a written statement op the unpaid charges due from such f4ember cahich shall be conclusive -12- evicence of tl:e D3f erit of amocr.ts assessed prior to the date of the state;~ent, but unlisted t!lereon. R reasonable charge ray be Wade by th._ Board for the issuance of such statc~ents. the provisions of this section shall not apply to the accruisition or sale of a lot by a S•lortgagee c•iho shall acquire title to such lot by foreclosure or by deed in lieu of foreclosure. Such provisions shall, how- ever, apply to any purchaser from such mortgagee. Section 2. Gifts, etc. Any '•Iember may convey or transfer i-T s o by gi~dt wring his lifetiu*.e or devise . his lot by will or pass the same by intestacy without re- striction. ARTICLE XIII. GENERAL PROVISIONS Section 1. Fiscal year. The fiscal year of the Association s all a i5~xedT-,y P,esolution cF the 3oard of Directors. Section 2. Seal. The Association seal shall have inscri'~e~ttFereon the name of the Association and the - year of its incorporation under the lacrs of. the State of Neva York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination of Books and Records. Each Member, or t~ieir respective representatives, s a1TTe en- titled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incor- poration and tha By-Lacas of the Association shall be avail- able for inspection by any Plember at the principal office of the Association. Section 4. Construction. ~71'ienever the masculine singular forn~t-Fie nronou- pis used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural; whenever the context so requires. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Cer- tificate shall control; and in the case of any conflict be- t~~~een the Declaration and these By-Laws, the Declaration shall control. -13- Section S. Severabili~. Should any of thz coveaar.ts, ter:~s or provisions herein imposed Le void or b•~ or bzccne unenforczable at law or in equity, the remain- in.7 orovisior.s of these By-Lacos shall, nevertheless, be and reain in full force and effect. t,R: ZCLE kIG. ?~'IEc:D?[E:3TS These By-Lacos may be altered, a_rt:ended, or added to at any meeting of the Association's Piembers. Amend- . vents to the By-Laws are subject, hocuever, to the approval of the Town Attorney and Town Board of the Town of Southold. -14- _ - _ r_ inr..H t. -~;w- 9::,:m aaa i.., 7n^.. •.o Ca•+vaa :g._a: Cr..ui ..iar:nJ..~lual Cmpsnuao ,ib:'- ~ur~ I~ i ~i CONSULT YOUe I.AWYsR erso A] SI G?11MG THIS INSTaUA1:>ir-THIS IHSTAUM:Nr SHOULD as US:D aY LAW Y?~3 O1ilY i II THIS 1N0&`17US{ ;made the day of , ninetern hundred sad BE'I1s/E&'V i party of the first part, and party of the second part, WITNt:ltrru that the party of the first part. in tomideration of Ten Dollar and other valuable consideration paid by the party of the second pert, dos hereby grant and release unto the patty of the secnnd part, the heirs or suttasora and assigoa of the party of the second part forever, ALL flat certain plot, piece or pared of land, with the buiidin=s sad i:npsvvemeab thereoa areded, sitmta, lying sad being Ea the COVENANTS AND RESTRICTIONS recorded in the Suffolk County Clerk's Office on June 11, 1975 in Liber 7855 at page 11, as amended in Liber 7914 at page 40, and on in Liber at page TOGETHER with all right, title and interest, iE any, of the party of the first part in atu! to any streds and roads abutting the above dexribed premiss to the center tins thermf; TOGL•THER Frith the appurtenances and all the estate and rights o[ the party of the first part in and to said premiss; TO HAVE AND TO FfOLD the premises herein grattted unto the party of the second past, the Heirs or succssors and assigns aE the party of the second part forever. AND the party of tl~e first part covenants that the Parh' of the first pact hat not done or suffered anything whereby the said premixs have been encumbered in any .ray whatever, except as aforsaid. AND the party of the first part, in compliance with Section 13 of the Lien Iaw, mvenanis that the par:p of the first part wtll rettive the consideration for this mnreyance and will hold the right to receive such mns~d- eration u atrust fund to be applied first for the purpox o[ paying the mst of the improvement snd will apply the same first to the payment of the coat of the improvement before using any part of the total of the same for any other purpose. The uvrd "party" shall be construed as i[ it read "partiei' whenever the xnse of this indenture so regales. IN Wl'I'NE55 WHEREOF, the party of the first part has duly n~cecuted this deed the day and yrar first above written. Ix raesancst or: ~ EY.fiIBIT VII CO::S;;~T YOUR LA:~TcR BEFORE SIG::I::G C'r.IS 22:STRU2•?ENT - THIS INSTRU:~tENT SEOu~7 T'r._S AGREE2•LENT, made the day of nineteen hundred and seventy BE'IS~EEN PE3BLE BEACH RELTY, ICiC., a corporation organized under and er:isting by virtue of the business law of the State of C?eer Yo r'.--:, having its princ~p~l office at 620 Hempstead Turn.p.i}:e, Elmont, C:eco york 11103, hereinafter describe3 as the seller, and i hereinafter describes. as the purchaser, WITNESSETH, that the seller agrees to sell and convey, an3 the purchaser agrees to purchase, ALL THAT certain plot, piece or parcel of land, situate lying and being at East Marion, in the Town of Southol3, County of Suffolk an3 State of New York, known and designated as Lot No. on a certain map i entitled, "Map of Pebble Beach Farms, East Marion, Town of Southold, Suffol" County, New York", and file3 in the Office of the Clerk of the County of Suffolk on June 11, 1975 as 24ap No. 6266, SUBJECT TO i COVENANTS AND RESTRICTIONS recorded in the Suffolk County Clerk's Office on June 11, 1975 in Liber .7855 at page 11, as amended in Liber 7914 at page 40, and on in Liber at page I 1. The price is DOLLARS, payable as follows: _ DOLL. RS on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; DOLLARS in cash or good certified check to the order of the seller on the delive of the deed as hereinafter provide3; DOLLARS by the purchaser or assigns executing, acknowledging and delivering to the seller a bond or, at the option of the seller, a note secured by a purchase money first mortgage on the premises in that amount, payable 2. Any bond or note and mortgage to be given hereunder shall be drawn on th standard forms of New York Board of Title Underwriters for mortgages of like lien; and shall be drawn by the attorney for the seller at the ex- pense of the purchaser, who shall also pay the mortgage recording tax an recording fees. 3. If there be a mortgage on the premises the seller agrees to deliver to t purchaser at the time of the deliv=ry of the deed a proper certificate erecuted and acknowledged by the holder of such mortgage releasing these premises•from the lien thereof. EXHIBIT VZ ?r~~.~ses a_e sai_ sra _on~:sye3 :,uoject co: ' Zoning re,u1_:'_o-;s and ordinances of the city, town or villa;e in the pzeZisas lie which are not violate3 by existing structur=s. , state of -acts sho~.+n on survey by Van Tuyl L Son dated 10/17/72 and any state of facts a .later accurate survey or personal ins?action ,~oula sno.•~ cahich do not prohibit the use of the premises For resi;on_ t'-ai otirooses. S. ;he foilo-:~ing era to be ap?ortioned: a. Taxes shall b=_ apportioned at the closing on the basis of the lien vet for :ohich assessed. - o. he deed shall be the usual Bargain ar.d Sale oath Covenant Against ' Grantor's F,cts in proper statutory short fora for record gad shall be 3u1y executed an3 ac=:nowledged so as to convey, to the purchaser the fee sir.,p?e o` the sai3 premises, free of all encumbrances, except as herein state3, an3 shall contain the covenant require3 by subdivision. 5 of Section 13 of the Lien Law. Since the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale an3 delivery of the deed, ar.3 a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in con- formity with the requirements of Section 909 of the Business Corporation Law, The deed in such case shall contain a recital sufficient to establish compliance with said section. 7. The seller shall give an3 the purchaser shall accept a title such as a Member of the blew York Board of Title Underwriters, will approve an3 insure, I i 8. A11 sums paid on account of this contract, an3 the reasonable expenses of the examination of the title to said premises an3 of the survey, if any, j made in connection therewith are hereby made liens on such premises, but such liens shall not continue after default-by the purchaser under this contract. t 9. Tf at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording or filing said instrument; or, provided that the seller has made arrang~- ments with the title company employed by the purchaser in advance of closing, seller ~•~ill deposit with said company sufficient monies, accept- able to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against en- forcement of same out of the insure3 premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to faciiitatE the satisfaction of any such liens or encumbrances, The existence of any such taxes or other liens and encumbrances shall not be deeme3 objections to title if the seller shall comply with the foregoing requirements. 1G. In the event that the seller is unable to convey title'in accordance caith the terms of this contract, the sole liability of the seller will be to refun3 to the purchaser the amount paid on account of the purchase price an3 to pay the net cost of examining the title, which cost is not to ex- cee3 the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract seal be considere3 cancelle3. ,[ I; I [ :,',- , ~ , ~q I tp,.,du-:? :. ,j- fi-:m ~,' ::, : :, i~_?,,~ , :',~: l:[i~,,~ c*,,:r ~ 'l:' '. ' , '~_ :L_ : ' ~_:_:,: :: , '~ r :, :~, ' ' :l'a IF~ '_~* n[~: ' ~::Lm , !*, ,L_ ~ ,: '" ,~i , q P -tm-:-I':? :~-~-i:[:~ [~-I~J~ ~ ~ i~llL(~' ;~ll[;' , i : I i , I 'q ~i [ I!~[i11 Zl ': i i I Il %FI II' IIi:: I I I i I II [ I lllll i' 'Il:ri,' ; : ! I ~~ I ~ll :Iii : J I ' : I I I I ~;~-~l i: : '!'l '~--' ~ I~ I ! l~ [ , !Il'l![[ :i ,I' ' .~ ZI:: I ~! 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PLANNING DEPT D R ~_VE?~ I-~,,r~ 197~' BY: Grosnport LEGEND, M,~ P OF Andm g/AY Rulko~ski O) u..,,z-mocc~-145: K, Birton et oI. 44Ko?' ' Es tote PEBBLE BE CH FARMS TOTAL AREA = 164· 4 tACRES E~ST M~RION TOWN OF ~OUTHOLD SUFF CO., N. Y SCALE i'= I00' ,__ I 'o REVISED A$ SNOWN O0 POP ~UODIVI%I~ MAp rue surrot~ OWNER: £~$r IOORYHPOR~, N.Y. TEST $.0 HOLES SEE 86 88 SHEET Open Space "C' Aro0=32,422 Acres ~ 3O 94 96 97 I10 109 I0~ 3/ TYPICAL PLOT LAYOUT ROA O 98 G R EE N V/A Y 106 105 I03 102 I01 I00 , 99 29 SEE SHEET I of 3 CRESCENT ,J 75O2 pl E E K/n~ ?ZOO' King TYPICAL SEWAGE DISPOSAL SYSTEM $£ LEGEND, MA P OF PEBBLE BEACH FARMS ! EA ST MA R/ON TOWN OF $OUTHOLD ,,,,,,,,,,,~,,,.,,,,.,,,~,~,,~,,,o., SUFF CO., N Y. SCALE i.= I00' I00 50 0 I00 REWSED JAH /3, 1975 OWNER~ NO I o~ 3 LOCATION MAP ,~/.oe~ w rou/v~--_~.r, sZ ~L.S~/vo./ae4a YOUNG ~YOU N G JULY 17, 1974 A odre TEST HOLE Open SpecO "£" Area= 1. 864 Acres 72 oldOO'~ ?IPICAL --GO-- O0 00' ~/rton et a/ 2139' SEWA GE DISPOSAL S YS TEM \ ~ Open Space ,,~,, Area = 32.432 Acres TYPICAL pLOT ~ YOUT LOCAT/ON MAP LO' L,''' O. ..e,,,e. .... Ae .,' .e,e'".r, O0 ~?.%~~ ~ of 3 ~ ~o. 2 , , ' O~ ' DATE BE CH FARMS NO. Iof 3 ~AST MAR/ON SUFFOLK CO ~ SC~L~ . PL ~ ~Arc~ M~/N 1% I00' '- REW JAH 13~75 ~ - SHEET ~ of ~ Open $~oce "6'" ~4re0=32.422 Acres ~ pECP__EATiONAL ,' S, 23 2240 ~ S. SEE SHEET I of~ .? 2P ~ 27 50 ~ I --' ,,'. \ ~ ~- --~ ~.l ~ '~ / ~[:~-' _d~ .,.1%.~{~ . ~ -- ~- L~ ~ ~ ~G ~.; ~ ~0-~' ~' 7Z~ ~ 7200' ~ 7zO0' ~q79' '~ N23o2.~40"~ ,o~° ', ~'.% .-'~.L ....o' ,,~. .',~'T, =oo' I ~zoo' ,--~D MIN. ao . o.o o.o F. E' K/ng ,~,o~,,~ TYP/CAL PLOT _~AYOUI-= ~..¢ r TY?/C~4L SEM/AO~ DISPOSAL SYSTEM 0,$ 'a. 26 ?' 25 I~ 24 r,k E F Kin9 of d NO I of LOCATION MAP LEGEND, 617E PLAN FOR MA ? OF PEBB£ ± BE&CH F RMS M,4 R/ON SOU T~tOL D CO., fA F. /'= I00' RE~ISED ~J~, If, 1979- 5/TE~LiA/ 0 WNER: YOUNG YOUNG dULY Iff 1974 i j dos uo. 74 - 23p -$oser Na 2 of ,~' 'j ?/