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HomeMy WebLinkAboutTR-7020 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7020 DATE: JANUARY 21, 2009 ISSUED TO: pEBBLE BEACH LOT OWNERS ASSOCIATION PROPERTY ADDRESS: 5065 THE LONG WAYi EAST MARION SCTM# 2i~5-i0 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the To~wn of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 21. 2009. and:in consideration of application fee in the sum of $250.00 paid by Pebble Beach Lot oWners ~sS%i~tion ghd subject to the Terms and Conditions as stated in the ResOlutiOn, the S0uthold ToWn Board of TruStees aUthOrizes arid permits the following: Wetland Permit to re-vegetate the beach access area with Bayberry bushes and Rosa Rug°Sa, With th-e Condition that the re~Vegetation be comPleted byMay 1, 2009 and a final inspection be performed, and as depicted on the site plan prePared by Timothy Coffey Landscaping, dated September 2008, and received on December 3, 2008. iN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Pebble Beach Lot Owners Association, residing at 5065 The Longway, East Marion, New York as prat of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits, initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. ' ' That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, hut should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and aPproval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a r~sult of the work herein authorized. That there Shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to re4nOve or alter this work project herein stated without expenses to the Town of South61d. That the said Board will be notified by the Permittee of the completion ~f the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke UPon failUre to obtain 'same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~lAnnex 54375M~n Road P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 January 21,2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Anthony Vivona P.O. Box 42 East Marion, NY 11939 RE: PEBBLE BEACH LOT OWNERS ASSOCIATION 5065 THE LONG WAY, EAST MARION SCTM# 21-5-10 Dear Mr. Vivona: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, January 21, 2009 regarding the above matter: WHEREAS, Anthony Vivona on behalf of PEBBLE BEACH LOT OWNERS ASSOCIATION applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 3, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 21, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of PEBBLE BEACH LOT OWNERS ASSOCIATION to re-vegetate the beach access area with Bayberry bushes and Rosa Rugosa, with the condition that the re-vegetation be completed by May 1, 2009 and a final inspection be performed, and as depicted on the site plan prepared by Timothy Coffey Landscaping, dated September 2008, and received on December 3, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, James~F. KingC~' ~ President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-Presider~t Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD to: Please be advised that your application dated ~i~(:~.,'~loe-.~,-~, ~0~' has been reviewed by this Board at the regular meeting of and your application has been approved pending the completion'of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) __ ¼ Constructed ($50.00) Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or to-application fees will be necessary, You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $. "~ BY: James F. King, President Board of Trustees Donald Wildcr, Chairman Laurcn Standish, Secretary lown Hall, 53095 Main P,d. P.O. Box I 179 Southold, NY 1197l Telephone (631 ) 765-1892 Fax (~3 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 14, 2009, the following recommendation was made: PEBBLE BEACH LOT OWNERS ASSOCIATION to re-vegetate the beach access area with Bayberry bushes and Rosa Rugosa. Located: 5065 The Long Way, East Marion. SCTM#21-5-10 The CAC did not make an inspection, therefore no recommendation was made. James F. King, President Jill M. Doheny, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P,O. Box 1179 Southold, NY 11971 Telephone ( 631 ) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: PEBBLE BEACH LOT OWNERS ASSOCIATION requests a Wetland Permit to re-vegetate the beach access area with Bayberry bushes and Rosa Rugosa. Located: 5065 The Long Way, East Marion. SCTM#21-5-10 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: ___J.King __J.Doherty__P.Dickerson __ D. Dzenkowski Mark Terry__other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- COUNTY OF SUFFOLK (D i[i ~ -im~ SOUTHOLD 021 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: January 12, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for PEBBLE BEACH LOT OWNERS ASSOCIATION SCTM#21-5-10 Anthony Vivona on behal£ofPEBBLE BEACH LOT OWNERS ASSOCIATION requests a Wetland Permit to re- vegetate the beach access area with Bayberry bushes and Rosa Rugosa. Located: 5065 The Long Way, East Marion. SCTM#2 !-5-10 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. 6.1 Protect and restore ecological quality throughout the Town of Southold. B. Protect and restore ecological quality by adhering to the following measures. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. James F. I~Ang, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob ~nosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ____~etstal Erosion Permit Application land Permit Application r Amendment/Transfer/Extension ~ece~vved Applicat. ion:~ ,,A[eceived w"~Completed Application~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) LWRP Consistency Assessmeat,,,~ ,.~,., Form /AC Referral Sent: ~l~ate of Inspection: ]7 r)]O~. Receipt of CAC Report: Lead Agency Determination: Teclmical Review: ~--P~c Hearing Held: Resolution: Name of Applicant]~¥~X Address ,~-~ d~'- Office Use Only Administrative Permit Ot / Phone Number:( '~/d~/~' 'd//~/] Suffolk County Tax Map Number: 1000 -~/- ,~--- /O Property Location: ~'~ ~- -~"fft~_ J~ (.~t~_ ~l-$"~..io~) [ I~,.~ (provide LILCO Pole #, distance to cross streets, and location) (If applicable) fi// ~,,~p..d ~ I~ th 4 tO.~o-[--o~ ~g~-J-~ ' of Trustees Applicatio0 Land Area (in square feet): Area Zoning: GENERAL DATA Previous use of property: Intended use of property: Covenants and Restrictions: v/Yes If "Yes", please provide copy. No Prior permits/approvals for site improvements: Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspen~l by a governmental agency? v/ No Yes If yes, provide explanation: Project Description (use attachments if necessary): ,' ~ard of Trustees Applicati0 WETLAND/TRUSTEE LANDS APPLICATION DATA Area of wetlands on tot: .square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? _ b// No Yes If yes, how much material will be excavated? How much material ~vill be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: cubic yards cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operatibns Use attac~%~S ifaPPropriateii IPROJECT ID NUMBER I '~' 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) ~_. Re J ECT LOCATION: ;~ ~" ~..I..~ ~ ~'1 ~L (~j.-~ County ~.~/~4. j~ Municipality ~O ~ ~Z ~ ~' ?' P~L k 4 PRECISE -,~ ~ LOC TION: Street Addess and Road I t sections, Pro ine~l landmarks etc -or 51 ' S P ~0 P O S i D ACTION; [] New [--~ Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No If no, describe briefly: 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) E~]Residential ~]lndustrial E~]commercial [~]Agriculture ~Park/Forest/OpenSpace E~Other (describe) 'i0.' DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~_Yes [~No If yes, list agency name and permit/approval: f"~ 01~,,~¢.~ ~'(T~(4,1.f~t'~a~iL,c3 11. L)Ob5 ANY A~HbCI OF [HE ~CTION RAV~X CURRENTLY VALID PERMIT OR APPROVAL? E]Yes [~]No If yes, list agency name and permit / approval: 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? E%s I No Applicant Signature CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE /~0~ (/~ Date: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE t THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. E~TM E]No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNL STED ACT ONS N 6 NYCRR, PART 617.67 if No, a negative declaration may be superseded by another involved agency. E~]Yes E~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3 Vegetation or fauna, fish, shellfish or wildlife species significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensgy of use et land or other natural resources? Explain briefly: C5 Grow[h, subsequent development, or related activities likely to be induced by the proposed acbon? Explain briefly: C6. Long term, shod term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7 Other impacts (including changes in use of either quantity or type of energy? Explain briefly: D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICA ENVIRONMENTAL AREA !CEA~,? t.~lf es! explain briefly! E]Yes [~No E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART Itl - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes~the~teterminatkm efsigr~cance taus':, evaluate4hepetentiatimpact of thc propose6aetier~ortthc oav:,ronmen~: charac~efisficsofthe CEA. Check this box ityou have identified one or more potentially large or significant adverse impacts which MAY occur· Then proceed directly to the FULl FAF and/or prepare a positive declaration. ~he~k i~is b(~ ~ yeu n~v~ de~erm~n~d, b~Se~ o~ (h~ information and analysis ~b0ve and any ~upporting document~ti0n, that ~h~prop~s~ ~ctio~ WILL NOT result in any significant adverse environmental impacts AND provide, on a achmen s as necessary the reasons supped/rig th/; determination. Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Board of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAiD PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS "" ..... Si~nature DAY OF --lqotary Public LAUREN M STANDISH mo. 01ST6164008 Qua/fled in Suffo/k Cou Commission Expires Pebble Beach Farms Lot Owners Association P.O. Box 387 East Marion, NY 11939 November 16, 2008 Board of Trustees Town of Southold Main Road S0uthold, NY 11971 Re: Revegetation of the beach access, 5065 The Long Way, Pebble Beach Farms, East Marion, NY 11939 To Whom It May Concern: The undersigned member s of the Board of Directors of the Pebble Beach Farms Lot Owners Association have designated Anthony Vivona, president and/or ~c~ ', ~ member of the Board of Directors to serve as the agent for the Association in connection with the aforementioned matter. ~/~-~//~ .4a5 We thank you for your cooperation. Very truly yours, James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That on the~ ~; day of D.a_~ ,200~I personally posted,the property known as .ff~o~;4'~ '7~ Lo~ (~ ~ ~o~ ~, ~, by placing the ~oard of T~tees of~cial poster whe3e it can easily be'seen} and that I have checked to be sure the poster has remained in place for eight davs prior to the date o~he public hearing. Date of heating noted thereon to be held ~. ~, ~/, ~ ~ . Dated: Sworn to before me this ~-~V'day of John M. Judge NOTARY PUBLIC, State of New York No 01JU6059-~00 Commission Expires May 29, 20 I__L PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK _~A)J'-d_~w(r/ 1/~6/o~/~ ,residingat/,,~.6-,~.4£cX$~)7" ]--8 ~l,~tt~ a ,,t ~.~. 1 ( °t~ , being duly sworn, deposes and says that on the ~ q. day of ~Z___, 20 o ~'deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at c-c'~sT'-/'~fitt~t O,X.) ~3.~,, that said Notices were mailed to each of said persons by (certified) (registered) mail. //'~ _ ,~_ _/~Y~4/ Swom to before me this Dayof lbo_¢eo.¢t~. , 20 N~ot~ Public~~ John M. Judge NOTARY pUBLIC, State of New York No. 01JU6059400 Qualified In Suffolk County Comrnission Expires May29,20 ~ ~, Postage Certified Fee Return Receipt Fee (Endomeme~t Required) Restricted Detivew Fee {Endorsement Required) Total postage & Fees PORT I~/~HIi~T~ I~ 11050 Postage $1. O~ Ce~ifled Fee $2.70 Return Receipt Fee (Endorsement Required) ~2.20 (Endorsement Require) ~. O0 ~:~. No.T' APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the vart of town officers and emnlovees. The oumose of this form is to nrovide information which can alert the town of vossible conflicts of interest and allow it to take whatever action is necessary to avoid same, YOUR NAME: ~ ,/0 '~,~,,0 ~..~ ~/ ~/~,~,~ 0 ~ ~ (Last name, first name, ~iddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name,) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other Of"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest'? means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicangagenffrepresenlative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): ___A) the owner of greater than 5% oftbe shares of the corporate stock of the applic0nt (when the applicant is a corporation); B) the legal or beneficial own~'r of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, parlner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted th~ +day of/.-... 200 Signature ff~' flc..~tr~.._ - Print Name ///t,~:)7-d4~ ~ [4't.,o 143 142 141 140 GoO- ~ APPR6VED BY ~OARD OF TRUSTEES TOWN OF SOUTHOLD LONG ISLAN 72 73 74 OCT - 2 2007 75 76 77 78 81 82 83 84 ~5 o 86 87 88 . OPEN SPACE D LONG OPEN SPACE C 89 91 92 31 32 .14 12 11 43 :13 ~ 10 42 14 9 41 15 8 40 16 7 39 17 6 38 18 19 O GOLF AN of PE~F~ BF--~C~ FAR.MS L~ under section 402 of the N°t'lor-Pro6t Corpor=rfon Law IT 1S HEREBY CERTIFIED THAT: Pebble' Beach Farms .Lot Owners Association, (1) 1'; ~' name of the corporation f$ L~C. Tke corporation is a corpo:a=fon as de6ned in subparagraph (a)(5) of sectfon 102 (De6nltfons) of ~he t,' ot-for-Pro6~ Corpornt;on La~v. The purpose or purposes for ~vhfch the corpo~atfon is for~ed a~e a~ follows: to t~e title to, ~ ma~a~, o~ra~e ~ o~e~ise c~e for certa~ real property l~ate~ a= Pebble Bea~ Farms, a~ Eas~ }~rion, T=~ of Sou~ol~, suffolk Co~. ~w 'York, for tbs benefit o~ i~s me.ers, to pr~ote C~ration ~g the me.ers hav~g, the righ= to use said .proper=les, to. assess ~d collect fr~ ea~ me.er or o~er of a lo= a~ Pebbke Beach Fa~s ~ ~ual lot ~er's fee ~ such o~er ~=s as ~y from ~e to =~e co~=itute ~he m~r's pro rata share of ~e cost of ~g, ma~t~g. ~prov~g ~ "opera~g ~e real estate held by ~e cor~ra=ion for ~ use of its me~rs. DZ8 - 3 2008 The corpora6on, in furtherance o£ it~ corporate purposes above act forth, shall have al/ the powers enu- nzerated in section 202 of the Not-£or-PrO6t Corporation Law. subject to any limitations provided in the Noc.for-Pro6t Corporation Law or any other statute oI the State o£ Neu/ York. A;~ro~al and consents req:ired by la'~. No approvals and consents are tequi~ed b), la~,. ' ' ~ . Prior to deIiver~ to the department o[ state [or ~llng all approvals and consent~ ~eq~r~ b~ [aw will be endorsed upon or annexed to this cetti~cate. NO approvals aha consents are required ~y law. IN V~'ITNE$$ 14rH~REOF, the unders/gned inco'rporator, or 'each ol them ii there are more than one, being at ]east n~neteea year~ perjurT, Dated ~ove~e~ ~9, ~975 Joseph J. Dono~ ......................................... ~" - ' TABLE OF CONTENTS Introduction Projected schedule of receipts and expenses for the first year of operation Letter of Adequacy Opinion of counsel Description of ~common areas and 'facilities to be owned by the Association Resolution of the Planning Board of the Town of Sou=hold Declaration of covenants and restrictions The Association Obligations of Sponsor Identity of Parties Documents to be received by Members Documents on file General Page 5 6C 7 11 12 14 17 18 19 20 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-Laws of the Association Exhibit VI. Proposed Contract of Sale Exhibit VII.Proposed Deed INTRODUCTION The Sponsor, Pebble ~each Realty, Inc., bas subdivided a Darcel of land l~cated at East Marion, in the Town of $outhold, Suffolk County, Hew York, known as Pebble Beach Farms. The parcel of land con- sists of an aggregate of 164 acres which has been di- vided into 143 half acre lots being offered for sale. The parcel also includes 66 acres which have been di- vided i~to 7 open areas, shown' on the site plan attached hereto as areas A through G. Reference is made to the site plan, Exhibit I hereto, and tO p.7 through 10 hereof for a more detailed descriotion of these areas. The property was developed pursuant to certain zoning ordinances of the Town of Southold which provide for a "cluster" development. A copy of the ordinance is attached as Exhibit II hereto. Ciuster zoning general- ly.permlts residential bu$1ding lots of smaller size than would normally be required in an a~ea if compensat- ing land area, usually to be used in common with others, is not utilized for construction. The purchaser of a lot at Pebble Beach Farms will take his property subject to a declaration of cove- nants and restrictions (set out in full as Exhibit III hereto an~ described at p. 12)~ The declaration and first amendment thereto have been.filed %fl 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 will convey the.open areas referred to above. ~ach lot owner will be a member of the lot owners association and as such, and pursuant to the declaration will have the r£qht to use these areas in common with other lot owners. The lot owner will be obligated to Day his proportionate share of the cost of maintaining and operating the open areas. They will.consist of roads, tennis courts, a beach, a beach parking area and others. The Certificate of Incorporation of the lot owners association, to be known as "Pebble ~each Farms Lot Owners Association, Inc.", is attached as Emhibit IV hereto. The By-Laws of ~he 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 colledt a prop'or- tionate payment of the cost of maintaining the open areas from each lot owner within th~.subdivisi~n. The estimated maintenance costs for the first year of opera- tion are set forth on Paqe 5 hereof. It must be kept in mind that these maintenance costs which will be charged proportionately to lot owners are only estimates and will vary with actual experience. The Sponsor wii~ control the lot owners association for a period of two years, unless prior thereto it has disposed of ~ 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 sta~e, that is, the Sponsor does not intend to "build houses on the lots. The Declaration contains cer- tain restrictions as to the type of structures that can be built on the lots. This Offering Plan relates only to the co~=~on area and the rights and obligations of the lot owner 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,, a~exed as Exhibit VI and Exhibit VII is the propose~ aee= 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 division should be aware that if they-resell their lots, those who purchase from them will also automatically be- come members of the association, assu~..ing all rights and obligatio~s. -4- PROJUCTED SCHEDUL~ OF REC~''IPTS AND EXPENSES FOR T[Hh. FIRST YEAR OF OPERATION (SEE NOTE 1) RECEIPTS: Annual maintenance charges of $47.77 per lot multiplied by 143 lots(Note 2) OPEF.~TING EXPE~:$ES: $6,832 Road maintenance and snow removal $1,000 Tennis court maintenance 100 Lot owners beach cleaning 400 Ins%lrance (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 $6,83~ The above projection assumes sale of all the lots. Note 1: The first year of anticipated operation will comm. 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 lo~ owned by it. Note 2.: The Sponsor has in the past leased area ~ on the si~e plan, Exhibit I to"a farmer'on an informal bases and received $800 from the far,er for use by him of the land for a growin~ 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: Note 4: Note 5: Note 6: Note 7: Note The Sponsor will obtain on behalf of the lot owners association liability insurance insuring the ~ssoci~ion in the limits of $500,000 per occurrence.. It is anticipated that the annual premium for such policy will be $592. Nine fire hydrants located on the subdivision are leased from the Greenport Water District at an annual rental of $65 each. 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 whic~h 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 sen~ out annual billings' and for postage.. Taxes on the open areas are computed on the basis of an assessment of $300 per acre for 66 acres at the current tax rate of 12.827 per $100 of assessed value. Taxes may be expected to in- crease annually. Other taxes assume the, payment annually of a minimum franchise tax to the sta,~e of New York. 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- DESCRIPTION OF CO:'I~ON. AREAS A~D FACItITIES TO BE O;'/NED BY THE .. ASSOCIATION.. General Pebble Beach Farms is located at East Marion, in an area dotted with farms and pri~ate residences. The subdivision is immediately adjacent to a privately owned 18 hole golf course to its west. The golf course may be used by members of the public for a fee. No special member- ship provisions are offered to owners of lot~ 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 bay and Long Islan~ Sound which provides the northerly boundary of the property provide a full spectrum of water oriented activi- ties. The Village of Greenport which is one mile west of Pebble Beach Farms, affords shopping, ~churches, Long Island Railroad'transportation and access tc medical services. Eastgr~ Long Island .Hospital is located at Greenport. Police service.iS provided by the Town of Southold and fire protec- tion by the East 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 for locations).. All storm drainage has been installed under the direction and supervision of the Town of SQuthold Highway Department. . Public water service is supplied by the Village of Greenport Water District. Their water 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 6" an~ 8' trane- ire mains with individual 1" service line to each lot. The installation of this system was accomplished under the direction and s~pervision of the Water District. 'Electric and telephone lines are installed in the roadbed of the streets. Tplephone service by New York Telephone Company. Electric service is provided by a direct burial system designed and ~nstalled by the Long Iskand Lighting Company consisting of primary and secondary components designed to supply 200 amperes service to each lot. The on Bite system is fed from pole mounted trans- formers locate~ at the front of.the property on Route 25. Electric service has been inst~lled to th~. 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 o~ner must provide a septic ~ank and leeching pool system an~ have them in- spected and approved by the Health Department. -8- The come, on facilities are shown on the site plan anne×ed hereto as Exhibit I E×cept~as indicated belo~, the Sponsor will leave all open spaces in their natural state which is primarily coverage by a growth of wild shrub, low plants and trees indigenous to the area. The front ~n~rance to the subdivision is curbed and paved with beach pebbles over plastic sheeting to prevent weed growth. The following ~s a description of',~he comm6n areas keyed to the identifying letter reference on the site plan: Open Space A is an area of approximately 20 acree 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 4rainage 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 Dis presently vacant land on which an easement has been granted to the Greenp0rt Water District to install and maintain two water wells with necessary pump ho~/se 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- open area 3 all weather tennis courts.The tennis 'courts will be graded and have an aspha}t surface. They will be fenced with a chain link fence. Open ~pace D consists of approximately 6 acres. Open 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 two 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 ~nd 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 lan~ consisting of approximately half an acre. The Sponsor has no intention of dedicating the road system. With respect to the common areas which 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 know 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 comm6n areas and facilities. The ~roperty 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. RESOLUTION OF THE PLANNING BOARD OF THE TO:'~ OF SOUTHOLD DATED FEBRUAR~ 24, 1975 RESOLVED, that the Southold Town Planning Board approve the final map of the subdivision known as "Pebble Beech Farms" subject to acceptance, b~ 'the Town Board of. the bond, receipt of the ins.pection fee, approval by the Suffolk County Planning Co~ission, catch and leaching basinSand piping as agreed to at meeting with the S~perintendent of Highways, Town Engineer, Lawrence M. Tuthill, and Mr. Joseph Donovan at meeting held February 19, 1975. -11- DECLAP-%TION OF coVEnANTS AND REST.RICTION$ A copy of the Declaration of restrictions is set forth herein as Exhibit III. These Covenants basically provide for the follow- ing: 1. That the Sponsor will establish the Cluster Development with certain open areas described cn p.7 to 10 hereof. 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 ~esc~ibed. 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 lot 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 Page 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 Association. 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 b~ deprived of the facilities in the event of the non-payment, of the assess- ment. Defaults in pa}~ent of assessments may be recovered in any suit or proceeding brought to collect the assess- ment. 6. No dwe%ling shall be erected having less than.1000 square feet of ~nterior living area. 7. NO mobile or modular homes shal~ be installed on any lot. 8. No co~ercial or recreation vehicles or trailers shall be kept ungarag~d on any lot. 9. No more than two pe~s shall be kept by any "lot owner on his premises. 10. No fences natural or man made shall be erectea or maintained in excess of 4' high except as required by zoning ordinances. 11. ~ners of water front-iots shall,not con- struct any part of the dwelling northerly of the 100' bluff set 6ack llne shown on the filed map. -13- THE ASSOCIATION The Association will be established under Sec- tion 402 of the Not-for-Profit Corporation Law as a Type'A CorpOration. Each lot owner, upon purchasing a lot %.:ithin the subdivision, will be required to join the Association. The Certificate of. Incorporation is more fully set forth in Exhibit/V annexed hereto. The By-Laws of the Associa- tion will provide the following: 1'. Membership 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 by Sponsor within the subdivision. Membership privileges may be 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 ti~e 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 a~ter two (2) years next following the closing of title to the first lot in said subdivision he'entitled to elect more than a minority in number 6f the Board of Directors. Thus, if'the Boar~. of Directors constitutes three (3) or four (4) members, -14- th'e Sponsor after said t~.!o (2) year period shall be en- titled to elect only one (1) Director. "If th~ Board of Directors shall be five (5) or six (6) in ~umber, the Sponsor shall be entitled to elect not more than two (2) Directors. In the event, hot, ever, that this provision should conflict with the provisions of Section 611 Sub- division (E) of the Not-for-Profit Corporation La%~, th~ latter will prevail. The property and business of the Association ~hall 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 Boar4 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 deprive~ of the use of the common areas, but in no event ca~.such defaulting owMer 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 two (2) years follow£ng the closing of title to the first lot within the subdivision, the Sponsor, regardless of the nUmber of lots owned will be permitted to elect only such number of directors as will constitute a minority on the*Board. OBLIGATIONS OF SPONSOR The Sponsor will provide at its own cost and expense title insurance covering the open areas from Chicago Title Insurance Company. The Sponsor will complete the erection of all weather 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 = lot will be- come iiable 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 e~timated above. Nor ~s it .anticipated in setting the amount bf the contingency reserve. -17- IDENTITY OF PARTIES Pebble Beach Realty, Inc., the Sponsor, is a wholly owned 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 Associati6n has been in existence for 80 years. The Association's s01e in- terest in Pebble Beach Realty, Inc., is as a stock- holder. The President and Chief 'Operating Officer of Pebble Beach Realty, Inc., is Joseph J. Donovan. Mr. Donovan is a Vice President of Equitable Federal Savings & Loan Association of New York and has been en- gaged in various phases.of the real 6state business for the past 29 years. For 17 of those years he was the principal operating officer of a construction company. Ha 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 sellfng agent as well as the Sponsor of Pebble Beach Farms. -18- DOCU~dE~:T$ TO BE RECEIVED PERIODICALLY BY ASSOCIATION ME:,:BER$ Ail members of the Association will be entitled to recaive, annually, from t~e 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.. B. Notice of the holding of,an annual members' meeting for the purpose of electing a Board of Directors to be received by June 30th annually. The aforesaid dates may be-changed later pur- suant to the'By-LawS. -19- DOCUMENTS ON FILE In'accordance with Section 352-e(9) of the General Business Law, copies of this Offering Plan and all exhibits or documents referred to herein shall be available for inspection by prospective purchasers and by any person who shall have purchased securities offered by :his Plan or shall have participated in the offering of s~ch 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- GENERAL 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 o.= which material- ly a~fect 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 ~o 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 }~ew York. In said pro- ceeding, Sponsor denied any violatio_n of the law.. This Plan 'is offered only to persons over 21 'Years. o3 age residing in the State of N~w 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 orig~n or ancestry in the sale of lots at Pebble Beach' Farms in the offering of memberships in the Association. As of th~' 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 person has been authorized to make a~y rep- resentation which is not expressly contained kerein. This · .Plan may not be changed or modified orally. Dated: December 16, 1975. PEBBLE BEACH REALTT, INC. By/S/ Joseph J. Donovan JosePh J. Donovan, Presidgn~ -22- fa'mily ~J~c~c:'.c~ d',vetlings in an A l(esi:~n:iuJ and A,'."riculcural {-}~st. ric~, a:car~g to t~e pr~cedu:e an~ req,airement~ ~p~ifi~ ~'low. TI~e pu~.~e uJ such development is ~ provide fle~bilitv the deai~ and development of l~nd in such a way as to pro~o~ the mo~: appropriate u~e o~ I~d ~ [aciUtate t~e adequate and ~onomJcal provision o~ u:r~Js an~ uti~e~, and to ~e~e~'e the n~lural an~ sce~c quafi:Je~ oJ open space. A. The ma~mum number o~ single-~amil~ lots that may approv~ in a clu~ter development ~h~l I~ c0mput~ subtracting ~tom :he ~l ~oas area a fi~ed percentage twen:~ percen~ I~0?a) of said area ~nd divi~ng retYPing eighty ~e~ent J80%) of the at~ b~ lorry thousand 140,000J ~quare il} ~n computing the ma~mum numar of lo~ that may ~ ~eat~. any landi which ~e subject ~ florin& which are oc~p~ b~ public ut~ic~ easement~ in such a m~qner as Lo prevent their ult and deveJopmen: shall not bJ conaider~ part off the ~ ~o~s area. (2} In a cluster development, ]o: area, wld[h, depth. )'etd, t~r yard and aide yards s~J not be reduc~ by more :b~ fiEjy petcen: (50%) off the ' ' t~u~men~ see [o~ in t~e "Bu~ and Partial B. The ~ of ~ cluett development 'abel ~ in own~p or un~r u~i~ tonal ~. P~or :o ~e issuance of a building pe~ic in a cl~ developm~l, a si~ plan sh~l be submi~t~ to and p~v~ by Jhe Pl~ing ~ in accord~ ~th X~JJ of t~ chapter ~d the lo,owing con~tions: Il} ~aid si~ plan sh~l include ~eas ~th~ which st~ctu~ may ~ I~a:~, the heiAhc ~d special of bu~, open spaces and their ~nd~ap~j, off- a~J o~n and enclos~ li~ any~ p~kinj space, ~d I~, ~vewayl and any other phyai~ featu~ ~lev~J ~ ~e p~ plan. ' ag) Sa~ ai~ p~n a~ in~ude a s~men~ ~t~i~& f~[h the nature of ~1 p~m~ m~ficationm of ex~s~ng zoning p~visionL D. No.ag c~tain~ in this chapter shall re~e ~e owner or hb I&e~ ~ the develop~ of a p~ c{~ deve{o~ ~m r~eivlng final ~at app~ in ~ ~th the ~wn mub~vtalon re~htiona.~t spavin& the final pla~ for a clum~r development, P~nnl~ BM~ may m~ the acrbge r~u~emen: for ~t~n a~a ns set fo~h in the ~'s ~{es ~v~u ~s~n ~vle~. p~vid~ tha~ the Common ~ m~ ~1 o~ ~qu~men~ of the ~ ~. A ~us~ development sh~ ~ org~ as one (1) of the following: a Hom~ Asa~ia:ion approv~ by the . ]~0using A~l~atlon for mo~ga~ insurance ns a Plnnn~ U~: ~velopmen:. and the Town ~ard; a Hom~ Ooa~; or ~y oth~ ~men~ appmv~ by the To~ ArVey ~d To~ B~ as satlsf~n& :he in~n: of chapter. Whenever a Hom~ Aa~Uon is pro~a~. Tow~ B0~d shah rein ~e H~h: ~ renew and approve ~he Ar:iclea of ]nco~ion and Ch~ter of said Hom~ Asa~iation. and Co r~u~ whatever con~oes d~m~ n~essa~ ~ ensu~ the: the inten~ and pu~se of ~ap~r ~ ~ ou~. In conalde~tion of said approve. the Town Boa~..s~. in p~t. t~u~' the clus~r development to m~t :he foUowlng con~ons: Il) ~e H~ Assertion sh~l ~ es~b~ish~ as an lnco~t~ nonpm~t organ~atlon operating under r~o~ lan~ n~,men~ through w~ich ~ch owner, and any sttCC~ng owner, i~ automatically mem~r. ~d each lot ia'au~mati~ly subj~ to ch~ge for a pm~rtiona~ sh~ of the expens, for the organ~a~on'a ac~. ~2} Title ~ aU common prope~y sh~[ be plac~ in the Horn, Ass~ia:ion. or defi~ and acceptnblo . assuran~ shall be ~ven that I~ nutoma~icaUy will be so plsc~ within a ~a~nable period of time. SOUTHOLD CODE: § 100.135 ZONING § 100-136 131 Each lot owner shall have equal voting rights in the Association and shall have the right to the trna and enjoyment of the cornmon property. 141 Once es~blished, all respon~ibitity for operation and maintenance Bt' the common land and facilities shall lie with the tlomes Association. {,5} Dedication of all common areas shall b~ recorded, ~rectly on the final plat. or by reference on that plat to a dedication in a separately recorded document. llesuhdivlsion of such areas is prohibited. The decUcatlon shall: {a) Save the title to the common property to the Homes Association f~ee of a~y cloud of implied public de.cation. (b! Core'nit the developer to conv~y the area~ to the Homes Association at an approved time. (c} Grant easement, ef enjoyment over the m'e~, to the lot {d} Give to the Homes Association the borrow for improvements upon the security of the {el Give to it the right to suspend mambarshlp for nonpayment of aase~smane- or infraction publiahed r,~las. F. Covenants shall be established, limiting all Iota to one- family use and all common lands to open space uses. No shown on the approved site plan. G. Each deed to each lot sold shall include by reference all recorded declarations and other restrictions including assessments and the provision/or liens for nonpayment of such. II. The Homes Association shall be perpetual: it shall pur- chase insurance, pay taxes, specify in its chatter and bylaws a~ annual homeowner's fee. give provision for aase~aamenta .and provide that all such charges became a lien on each property in favor of said Association. The Association shall have tho right to proceed in accordance with aIl necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority BI the dwelling sites are sold, at which time the Homes As~oeiation shall be automatically established. Prior to site plan approval the developer shall file with the Town Board a performance bond to en.~are the proper installation o/ all required improvements, and a' main- tsnance bond to ensure the proper maintenance nf all common lands until the Homes Association is established. The amount and term of said borlds shall be determined by the Planning Board, and the form, sufficiency, ~tanner execution and surety shall he approved by the Town Board. I~IDEX TO DECLAPG'~TION OF COVEMANTS A.~IO 'RESTRICTIO~;$ (EXH'IBIT III) AS A_~tEMDED. Preambles Definitions (Art. I, §1 to 5) Restrictions on Construction (Art.II as amended) Open Spaces (Art. III, $1 to 8 The Association (Art. III S9 to 12 as amended) Covenants running with land (Art. III, §13) Streets (Art. IV ~1 to 5) 1 and 2 2, 3 and 4 and Amendment 1 4 and 5 6 and 7 and Amendment 2 ? 7 and 8 EXHIBIT III DEC LAPpeT ION ' ' · ~L~DE this 14th day of May, 1975, by Pebble Peach Realty, Inc., a domestic corporation of the State of New York having it's principal place of business at 620 Hem_~stead Turnpike, Elmont, N.~w York 11003, hereinafter called ~he Declarant~ W~S, the Declar~ is the ~er in fee s~ple of certa~ parcel of l~d situate a~ East Marion, Tow~ of County of Suffo~ ~ State of N~ York, being .the d~scrib~d ~ de~ dated O==ober 31, 1972 ~de by ~r~ur L. R.. Francisco ~d Hel~ T. Fr~cis=o to Pebble Bea=h Real=y, Inc. recorded ~ ~he Suffo'~ Co~y Clerk's Office on Norther 10, 1972 in L~er 7279 ~t page .489, a me~es ~ bO~ds description of which is sh~ on Schedule A as a~ached hereto ~ made a part hereof, ~d referred to here~ a~ the "premises". ~, 'the Declare= ~tends to subdivide said pr~i=es for residential purisms and desires to subject s'aid premise~ %o certain conditions,, coven~ts ~d r~strictions.' 'NOW T~'~FO~, 'the Declare= does hereby declare that the aforesaid praises ~d eve~ ~rtion ~ereo~ .is hereby held ~a shall be conveye~ subject to ~e conditions, covenants and restrictions hereinafter set for~, an~ ~a= eve~ purchaser said praises or ~y ~rtion thereof, by ~e acceptance of a deed ~ereto, coven~=s ~d agrees tha~ the premises ~rchased shall be held subject to ~e covenants, conditions, and restrictions hereinafter set for~. ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "Map" when used herein is intended to mean the ~ubdivision map of the premises entitled "Map of Pebble Beach Farms, East Marion, T=wn of Southold, Suffolk County, New York" heretofore approved ~y the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's office. EXHIBIT III separate numbered map. 3. The word The words "lot" or "lots" when used herein mean the parcels of land as shown on the subdivision "street" when used herein means the streets or roads as sh=~n on ~he subdivision map. separate 5. The ~ord "open space" when used herein means the lettered areas as shown on the subdivision map. The word "o~ner" ~nen used herein means any individual, corporation or partnership owning all or a portion,of the premises shown on the subdivision map. 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 shall 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 ~oured 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 r~ferred 'to as "mobile" or "modular" shall be installed on any lot. 3. No commercial ve~icles, recreational vehicles, trailers, or campers shall be kept ungaraged o~any lot. Any boa= .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 lo= 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. ..O fences, ei.ther natural or man made, sh~L1 be erected or main:aine'd on any lo~ in excess of four (4) feet in height except that this limitation may be exceeded if required by the zoninF ordinance of the T°wn of Southold in.connection with the construct%on of a swimming pool or similiar facility. Ho'~ever, ho.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 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 purchasers. The Declarant retains the said title and the right to dedicate and cgnvey the said title to the' Town of Southold or to a lot ~wners' 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 easement~ ' 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 ~ .surface of, or above or below the ground. ~-- 8., No nuisance nor noises of any kind,, unwholesome and offens'ive 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 ~dvertising signs,'billboards or Other sign devices, shall be permitted on any of said lots ex¢~pting dev- eloper signs which comply with the Southold Town sign ordinance· A.lot owner may maintain a "for sale", "for rent", or "pro- ~'essional office" si79 on his lot not la~ger than 12" x 24". 9. No sa/id, earth or sod shall be removed from a lo~, or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. After -3- cons=maczion0 lawm and landscaping shall be installed and maintained =hereafter in an attractive manner. 10. An owner of a water front lot fronting on the Long Island Sound shall not construct any par= of the .dwelling northerly of =he approximate 100 foot bluff set back line on the filed'map, unless approved by the Town of Sou=hold. li~ 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 constructi°n or other~, ise. 12~' The use of'each lot shall be limited to one family residential use. ~RTICLE III - OPEN SPACE 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 pprposes of natural b~&uty and open space; the ~resprvation of ri%rural, 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, 1. No structures shall be erected or placed in or on any open space. 2. No sand'; g~avel, top.so~l .or oth~ material shall be removed from any open space nor shall any ~uch 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- other removal of ve~et_ation 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 o,~n. ers and their guests, and surface~ater drainage purposes, except that open space area "D" may als9 be used by the Village of Greenport for the purpose of installing wells therein,' and p~ping facilities thereon for it's public water supply system, provided that the plana therefor and the manner of construction thereof are approved by the Sour-hold T~wn. Board. 5.. Open sp&¢e 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 b~thing ~each. 7~' The use of anyand '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. Suc~ rules and regulations and .amendments thereto shall be approved, by the Southold Town Board. 8. It is the intention of this Article I~I to restrict.the open.spaces A to G, inclusive, for the use, benefit an~ ~njoyment of lot owners, and therefor the Declarant covenants and agrees that'it will, at all times during the ownership t~ereof, maintain the same at it's expense, for such' purposes. Declarant further c69enants and agrees that it will not t~ansfer title thereto except to an entity comprised of the owners of lots in said subdivision. 9. Declar~n~ covenants and agrees that at or before fifty per cent (5~) of the lots have been conveyed b~ it, that it will, at it's own cost and expense, establ'ish a not-for-profit corporation.to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" ~d wi=bin sixzy (60) days thereafter convey to such association al! of the right, title and interest of the Declarant in and to said'open spaces A to G,.inclusive, togethe~ with any and all private streets sh=wn on said subdivision map and any and all areas sh~-~ on said subdivision map for future highway dedication. 10~ Upon the creation of the association as hereinbefore provided, every ~Jner of a lot shall'be deemed a member thereof, and shall be subject to ~he by-laws and r~les ~nd regu~a~ion~ thereof. ll. within sixty (60) days after the creat~Qn 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 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 associatipn'. (~) ' That every lot owner shall be subject to a propor- tionate share of the expenses 6f the asso¢i~tio~'.~cluding taxes, insurance and any a~d all expenses incurred by the associatio~ for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, in co,non with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rule~ 'and regulations of the association. (d) ~at the association shall have the right to borrow such sums of money as it deems'nece%sary 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~ [hat all -6- such unpaid charges shall be a lien on the lot of such ~ner 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 p~y all taxes, assessments and otb.er charges imposed by any governmental agency as and when the ~ame are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deemsTM necessary for the protec~ion of it's property and members. th) That the association shall use, operate, and maintain all of it's streets, bathing beaches an~ other property owned bY it in & safe and proper manner and in accordance with the laws, rules an~ regulations, order and directions of the Town of $outhold ~n~ other gpvernmental agencies having jurisdiction thereof. (i) That the duration of the association shall be perpetual. 13. That all of the covenants, ~onditions and restrictions contained in this Article III shall be constru&d as '~ea~ covenants running with the land ~and shall continu6 and remain in full force an~ effect at all times as'~gainst'the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions an4 restrictions shall be binding upon, inure to the benefit of and be enfogceable by the Declarant, it's successors and assigns, their successors and assigns, an~ 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 c~wel!in.=s on the lo:s of ~he subdivision. 2. No'title to land in any street opened or sh~r~n on ~..e subdivision map is to be conveyed or intended to be conveyed to the o~ner of any lot and the Declarant, and it's successor~ and assigns reserve the fee of all la.nd 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 ~_nd interest in and to any part or all of such s~.reets, '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 syste~ i~ the subdivision has been designed, with the approval of the Southold Town Planning Board, in such manner ~ha~ 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 percol'ation of surface water therein. Declarant does covenant and agree that it Will maintain said street system in accordance with ~he direction of the Southold T=~n Planning Board and will at i~'s own expense .make such repairs thereto as may be direct.ed by said Board. No lot o,~ner 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 t~.e. requirements of ~he T~wn of Sout~old 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 s.ame in a safe and proper condition.. -8- - '~-: ~ ..-o'-.~ of Southo[d, County of Suffolk and b .... ~ at , StaLe of !:ew York bounded and desc.ribed as fok~o'~s- ~=~'~,T_.'_'~ ~t a ~O~nt on the northerly ~de o~ Nain (~ta.t~L.R~ad I,. the day and year fir~'t · ,' ,~.u£ '"'... ' ~ ........ .//~'-. .., ~ ~. ~ ..- C...° ~.~: %..: · . .:~ ".C- ~:' ~.' ~'~ ,'l ' ~ ~ ,~ ' I~ WiTI~-~SS '~H~REOF, this ~greement has been executed above written ~ PEBBLE BEACH REALTY, I~;C., by: STATE .OF NEW YORK,. COUNTY OF SUFFOLK : ss On ~he 14th day of May, 1975, before me personally ca~'~e JOSEPH J. DoNovAN, tO me know~, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Ma!verne, New York 11565; ~hat he is the President of Pebble Beach Realty, Inc. the corporatio~ described in and which executed the foregoing instrument; that he knows the seal of said corporation that the seal affixed ~o said instrument is such corpor&=e seal~ that it was so affixe~ by order of the board of directors of said corporation, and ~hat he signed his name thereto by like order. LCFFIr RTS PAIN( HOTAIIY I~JIIUC .~l& ol 'Hg, w yofli Ho. $2'10~76~1 ' Sullolk ~mmh.~. L~.~ I~.b 30. 1Si7] -9- A.~END.~ENT OF DEC LARATiON This document ~mends the Declaration made by PebbLe Beach ReaLty, Inc., dated May 14, 1975 and recorded in the guffoLk County clerk's office on June 11, 1975 in Liber 7855 a~ pa~e 11. paragraph 1 of Article II is hereby amended in two respects -. ae provides that each~dwelling Shall have a full concrete block or poured cement Walls. This The secOad senteAce of the s~'id Paragraph 1 basement made of requiremen% is hereby deleted. B. The ~hird sentence of the said I,a~a.lraph 1 provides that each. dwelling shall have an at~ac~,.,l garage with an asphalt or blug. stone driveway extendig,~ ~herv:rOm to the street ~avement line. The requirement that 'th, }arage s~-~l be attached to the dwelling is hereby removed, :.e., the ~ord "attached" is hereby deleted' from that s,~ntence. ~N WITNESS WHEREOF, the declarant hereunto sets his hand and se&l this 8~.h day of September, 19'79. PEBBL~ BEACH R~ALTY, INC'.~ by: President Joseph J- Donovan, . STATE OF NEW Yo~K, COUNTY OF SUFFOLK: ss On the 8th day of September, 1975, before me personally came JOSEPH J. DONQV~N, to me known, who, being b m~ duly sworn, dLd depose and say t_hat he resides a~ ?~ h~,~- '.=feet, Malverne, New York 11565; ~hat he is the president of .,.!h~e Beach Realty, Inc. the corporation described in and whi¢}. ,.x,.cu~,~d the fore- going instrument; that he knows the seal of a~ ! corporation; that the seal'affixed to said instrument ~? ~m~3 corporate seal; that it.was so affixed by order of th. 'bo,,'~ o~ directors'of said corporation, and'~hat he signed his nam0~ ~cr,'~o bv like order. L~.~:~nTS PAII~C CDc, ON 1975 in Liber ARTICLE read as follows: ~4ENDMENT OF DECLARATION This document amends the declaration made by Pebble Beach Realty, Inc., dated March 14, 1975 and re- corded in the Suffolk County Clerk's Office on June 11, 1975 in Liber 7855 at page 11, 'as heretofore amended by the ~endment of Declaration dated. September 8, 1975 and recorded in Suffolk County Clerk's Office on.Septer~ber at page III, Section 9 is hereby amended to "The declarant covenants and agrees that on 'or before the 1st day of January, 1976, it will at its own 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 wil~ convey to such association all of the'right, title and interest'of the'declarant in and ~o ~aid ope~' spacas A to G, inclusive, with any and all private streets on said subdivision map and any and all areas shown on said subdivision ~ap for future highway dedication. ARTICLE III, Section 12(a). That the Associa- tion shall have two classes of membership interests as fol- lOWS: Class A. of a l~t or lots. Class A Members shall be the Owners Such Members shall be entitled to. voting rights on the basis of one (1) vote per lot'owned regardless of the n.umber 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 ARTICLE III, thereto the following: Section 13 is amended to add Member after two (~) years following the closing of title to the sale of the first lot within the subdivision shall not o_lec~ a majority to the Board of Directors, i.e., if the nu~J~er of directors are three or 4, the Class B Member shall not be permitted to elect more than 1 director; if the num~ber of directors are 5 or 6, the Class B Member shall not be permitted to elect more than 2 directors." · ARTICLE III, 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 the A~sociation shall have the right to collect the same and to enforce the lien thereof by any means authorized by law." ARTICLE III, Section 8 is hereby amended to add thereto the following sentences: · "Every member of the~Association re. letted to heloty shall have the right and easement of enjoyment to the' 6Pen spaces and all private streets shown on the subdivision map and any and all areas shown on said subdivis'ion map for future highway ·dedication,including such easement, su~$- ject. to the terms of this declaration' as may be needed for 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 As socia.t ion." 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 Owners Association referred to above holding lot les~ than 90% of th~ votes of the membership. Any amendment ~USt be properly recorded ko be effective. The Association shall have the right to sell or dispose' 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, asso6iation, trust or other organization to be devoted to pgrpose~ a~ 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 - Joseph J. Donovan, President STATE OF NEW YORK, COUNTY oF SUFFOLK) sS.: On the day of December, 1975, bmfore me personally came JOSEP~ J. DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 ~ome Street,.Malverne, New York 11565; that he is the President of Pebble Beach Realty, Inc., the corporation described in and which executed the. fore~qing instrument; that he knows the seal. of said corporation; that ~he seal affixed to. said instrument is said corporate seal; that i~ was so affixed by order of the board of directors of said corporation, and that he signed his name thereby by like order. 4 BY-LAWS of PEBBLE BEACH FA~4S LOT OWNERS ASSOCIATION, I.~IC. A New York Not-for-Profit Corporation ARTICLE I. N~,IE, LOCATION AND PRINCIPAL OFFICE The Corporation shall be known as Pebble Beach Farms Lot ~¢ners Association, Inc. Its principal office shall be located at 620 Hempstead Turnpike, Elmont, New York. ARTICLE II. DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings get forth below: (a) "ASSOCIATION".shall mean ~nd refer to PEBBLE BEACH FA~S LOT O~IERS ASSOCIATION, INC., a New York Not-for-Profit Corporation. (b) "SPONSOR" shall mean and refer to PEBBLE BEACH REALTY, INC., a New York Corporation, and its suc- cessors and assigns. . (c) "DECLAP~.TION" shall mean and refer to . the Declaration applicable to The Properties recorded in the.Office Of the Clerk of Suffolk County, New York, on June 11, 1975, in Liber 7555~beginning at p. 9. (d) .,THE PROPERTIES'" shall mean and refer to all those areas of land described on Schedule A to the Declaration. (e) "CO~4ON PROPERTIES" shall mean and refer to those open space areas of land, including the facili- ties constructed thereon, if any, described as open space areas "A", "B", "C", "D", "E", "F" and "G" on the sub- division map entitled ":{ap of Pebble Beach Farms, Fast Marion, Town of Southold, Suffolk County, New York", and the private roads and streets sho~n thereon, sai~ map having been filed in the Suffolk County Clerk's Office on June 11, 1975 as MaD No. 6266. EXHIBIT V (f) "!31ESIBER" shall mean and refer to each holder of either of the two classes oE ~lembers:%i? In- terests in tko Association, as such interests are set forth in Article VI. .(g) "LOT" shall mean and refer to lots shown as separately numbered parcels of land on the SubdivisioD ~.~ap of Pebble Beach Far~.s. (h) "OWNER" shall mean and refer to th~ owner of fee simple title to any lot in the ProoertJ. es. Where such ownership is joint, in common, or tenancy by the entirety, majorSty vote of such owners shall be necessary to cast any vote to which the o%$ners are entitled. ARTICLE III. PURPOSE This Association is formed to own, operate, manage and control the Common Properties as a Homeowners' Association for the benefit of its Members as herein fined. ARTICLE IV. APPLICABILITY Ail present and.future Members, Lessees, Tenants, their fa/nilies, guest~, licensees, agents, employees and any other person or persons that shall be permitted to use the Common Areas shall be subject to the~e By-Laws and. to the Rules and Regulations issued by the Association .to govern the conduct of its Members. ARTICLE V. USE OF FACILITIES The Common Properties shall be limited to the use of the Members and their guests. In the event that a Member shall lease or permit another to occupy his lot, ..however, the lessee or occupant shall.at the option of the Member, be permitted to enjoy the use of the Common Properties in lieu of and subject to the same restrictions and limitations as said ~ember. Any ~!ember, lessee or occupant entitled to the use of the Association facilities may extend such privileges to members of his family re- siding in his household by notifying the Secretary in writing of the names of any such persons and of the rela- tionship of such Eember, lessee or occupant to .such persons. -2- the transaction of business, except as otherwige provided by Statute, by the Declaration, the Certificate of poration of the Association or by these Dy-Laws. If, how- everj_~u~h quQ~sh~_!.~Q~h~_~r~_sentor reo~zan~d ARTICLE VI. .qE~!BERSHIP AND VOTING RIGHTS S~ctlon 1.' '?,embershin. The Association shall have two. (2) Classes oF ~e-m~r.$-~ip interests as follo:.:s: Class A. Class A Members shal~' be the Owners' of a 'lot or lots. Such Members shall be ~ntitled to voting rights on .the basis of one (1) vote per lot o~ned regardless of the n~ber of persons owning the lot. Class B. The sole Class B Hemmer shall be the Sponsor who shall have. one (1) vote for each lot owned by the Sponsor herein within the Subdivision. The Class B 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 Board of Directors, i.e., if the number of Directors are 3 or 4, the Class B Member shall not be permitted to elect more than 1 Director; if the number of Directors are 5 or 6, the Class B Member shall not be permitted to elect more than 2 Directors. Section 2. Suspension of Membershi?. The rights of Membership are subject.to the ~yment of periodic assess- ments levied by the Board of Directors, the obligation of whicb assessments is imposed'against each Member and becomes a lien upon the Property of any Owner against which Such assessments are made as provided for by the Declaration. During any period in which a Member shall be in default in the payment of any assessment levied by the Association, the voting rights, if any, of such Member and the Member's right to the use of the Common Proper. ties may be suspended by the Board of Directors until such assessment has been paid. Such rights of a Class A ~ember may also be suspended, after notice and a hearing, for a period not to exceed thirty (30) days, for violation of any rules and regulations estab- lished.by the Board of Directors governing the use of the Common Areas. ARTICLE VIi. QUORUM, PROXIES AND WAIVERS Section 1. Quorum~ So many Members as.shall represent at least fifty-one (51%) percent of the total authorized votes of all Members present in person or rep- resented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for -3- the transaction of business, except as otherwise p~ovided by Statute, by the Declaration, the Certificate of Incor- poratlon of the Association or by these Dy-La~¢s. If, how- ever, such 'quor~n shall not be present or represented at any ~Ieeting of the Association, the ~iembers entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting from "time to time, without notice other than announcement at the meeting, until a quorum shall be present or re~resented. At such adjourned meeting at which a ~uorum shall be present or represented, any business may be transacted which might have been transacted at the meeting originally called. Section 2. Vote Required to Transact Business. ~,en a'quorum is present at any meeting, the vote of a majority of the votes entitled to be ca~t by Members 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 law, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required. Section 3. Ripht to Vote. Members 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. Ail proxies shall be in writing and shall,be fl-~th the Secretary pripr to the meeting at which the same are to be used. Section, 5. Waiver and Consent. Wherever the vote of the Membership at a me, ting is required or permitted by statute or by'any provision, of the Declaration,,Certificate of IncorPoration or of these By-Laws to be ~aken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at such pla6e as may be designated by the Board of Direc- tors and designated in the notices of such meetings. -4- Section 7. Annual Meetings. The annual meeting of the mem~-e~f t~-~ Asscci~tl-i-~--shall be held on such date as is fixed by the Board of Directors. At such meet- ings there shall be elccted by ballot of the membership a Board of Directors in accordance with the requirements of these By-Laws. The ~!embers may also transact such other business as may properly come before the meeting. Section 8. S_,Decial t,leetings. It shall be the duty of the, President to call a special meeting of the Association, if so directed,by the Board of Directors, or upon the presentation to the Secretary of a petition signed. by a majority of the Members. Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof 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. Seotion 10.' Order of Business. The order of business at all meetings shall be as follows: (a) Roi1 Call. (b) Proof of notice ok meeting 9r waiver of notice. (c) Reading of minutes of preceding meeting. (d) Report of officers. (e) Report of committees. (f) Appointment of inspectors of eleotion (in the event there is an election). (g) Eleotion of Directors ~in the event there is an eleotion). (h) Unfinished business. (i) New business. ARTICLEVIII. BOARD OF DIRECTORS Section 1. Number and Term. The n~ber of Directors Which shall constitute the---whole Board shall'b'e 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 be designated by the Sponsor to serve until the first annual meeting of the As~oc~ation. At the first annual meeting and at all subsequent annual meetings the Members'shall vote for and elect Directors -5- to serve for one (1) year terms and until their successors have been duly elected and qualifie¢l. All Directors other than those the Sponsor shall have nominated must be Members of the Association. F. ack Director shall be at least nine- teen (19) years of age. Section 2. Voting. In any election of Directors, . each ~ember shall ke e~d to one vote for each lot o%¢ned by said Member. However, after two (2) years from the date of closing of title to the first lot within the Sub- division,'ClaSs B ~{embers shall not be entitTed to elect '' more than a majority to the Board of Directors as set for~k in Article VI Section i hereof. .Section 3. Vacancy and Replacement.' .If the office of any Director becomes vacant by reason of death, resignation, retirement, disqualification, removal from off~ce or otherwise, a majority.of the r~aining Directors though less than a quorum, at a special 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 qualified. Section 4. Removal. Directors may be removed for cause by an aff~rmat--~ vote of a majority of the Members. No Directors,. other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member~ Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may 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-Laws, direc%ed or required to be exercised or done by the Members person- ly. However, no extraordinary expenditures or expenditures for capital improvements shall be made without the approval of the Members. Directors powers shall specifically include, but not be limited to the following: ~ 1. TO determine and !~vy annual.assessments ("Association assessments") to cover~ the cost of ope.rating ~and maintaining the Common Prpperties payable in a~vance. The Beard"of Directors increase the monthly assessments'or vote a special .assessment in excess of that amount, if required, to meet any additional ordinar~3 an6 necessary expenses. 2. 'To collect, use and ex.bend the assess- ments collected to maln~aln, care for and 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 inspre and keep insured the Common Properties in accordance with Article XII of these By-Laws. 5. To collect delinquent assessments By suit or otherWise, to abate nuisances and to enjoin or seek damages from Members 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 time. Such 'rules and regulations and amendments thereto shall be binding upon the ~embers. Sdch rules and regulations may, without limiting the fore- going~ include reasonable limiations on the use of the'Common Properties by quests of the Members. 7. To employ workmen, gardeners and a bookkeeper, and to purchase supplies and equip- ment, to enter into contracts, to provide main- tenaHCe and other service to said property and generally to'have the powers of.Directors in connection with the matters hereinabove set forth. 8. To bring and defend actions by or against more than one (1) Member and pertinent to the operation of the AsSociation. -7- 9. TO acquire and maintain adequate fire, public liability and such other in- surance as it deems necessary for the protec- tion of its property and ~iembers. (b) The Board of Directors may, by Resolution or Resolutions, ~assed by a majority of the %thole Board, designate one or more co~.-un..ittees, each of such committees to consist of at least three (3) Directors or :~embers, one of whom shall be a Director, which, to the extent provided in said Resolution or Resolutions, shall have and may exer- cise the powers, of the Board o~ Directors in the manage- ment.of the business and affairs of th~ A~sociati~n and may have power to sign all papers which may be required, provided =he said Resolution or Resolutions shall speci- fically so provide. Such committee or co~,~mittees shall have such name or names as may be determined from time to time by Resolution adopted by the Board of Directors. Com- mittees established by Resolution o~ the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensationl Directors and officers, as such, .shali receive no compensation for their.. services. Section 7. Meetings. (a) The first meeting of each ~oard'newly elected by the Members shall be held immediatel~ upon adjournment of the meeting at which ~hey were eImcted, provided a quorum shall then be present, or as soon 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 Members and immediately after the adjournment of same, at which time the dates, places and time~ of regularly scheduled meetings of the Board shall be set. (b) Regularl~ scheduled meetings of the Board may be held' without'special }~otica. · (c) Special meetings of the Board may be called by the President on'two (2) days' notice, to eachDirector either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2) Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to con,ii,ute a quorum for the transaction of business, and an act of a two-third~ n~ajority of the Directors present at any meeting at which there i~ a quorum shall be the act of the Board of Directors, except as m~y be otherwise specifically provided by statute or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quor~ shall be present. (e) At or prior to any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to thp'giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. .If all the Directors are present at any meeting oft he Board, no notice shall be required and any business may be transacted at such meet- ing. Section 8. Annual'Statement. The Board of Directors shall furnis~ to ~-~-~4e~ an~ shall present annually (at the annual meeting) and when called for by a vote of the Members at any sDecial meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement'verified by_an independent public accountant and a statement regarding any taxable income attributable to the Members. Section 9.' Fidelity Bon~s. The Board of Directors may require that all officers and employees of the Associ- 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 Association shall be chosen by the--Board of Directors and shall be a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All -9~ officers must be either members of the Board of Directors or members of the Association. NO person skall hold more than one office at any one time. Section 2. Election. The Board of Directors, at its first meeting aftcr ~-6h annual moating of Associa- tion r.!embers, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the Pres]~ent mu~t be a member of the Board. Section 3.' ADoointive Offices. The Board may appoint such other 'offiCers an~ a~e--h't-~'~s it shall dee~ necessary %.;ho shall hold tkeir offices for such ter~s and shall exercise such powers and perform such ~uties a.s .shal~ be determined from time to time by the Board. Section 4. Term. The officers shall hold office for the term to which t e--~are elected and appointed and until their successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the whole Boar~ of Direc- tors. .If the office of any officer becomes 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 Members and the Board of Directors, shall be'an ex-offici~ member-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 a-re carried into effect and shall have such other powers and duties as are usually vested in the Office of President of a corporation organized under the Not-for-Profit Corporatio~ Law of the State of New York. Section 6. The Vice President. The Vice President' shall take the place o~--t-~--President and perform, his duties whenever the President shall be absent or unable to act and ~hall 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 Law 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 ~embers and record all votes -10- and the minutes of all proceedings in a book to be ):eDt for that purpose and shall perform like duties for standing com.mittees %.lhen required. He shall give, or cause to be given, notice of all meetings of Association Members and spacial meetings of the Board of Directors, and shall ~erfor~ such~ other duties as may be prascribed by the Board of Directors or by the President, under whose sup~r~'isioh he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of th~--~%~ia~---61-6~ funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Association in- cluding the vouchers for such disbursements, 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 Presiden~ and Directors, ~t the regular meeting of the Board, or w~enever they may.require it, an account of all his transactions as Treasurer and Of the financial condition of the Association. He shall keep detailed financial records and books of acoount of the Association, inclucing a separate account for each Member, 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. Ail Agreements and other instruments s--~-~l~--be executed by the President or such other person as may be designated by the Board of Directors. Section 10. Checks. Ail checks or demands for money and notes of the Association shall be si~ned 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. ~OTICES. Section 1. Definition. ~fhenever under the pro- visions of the Declaration or of these Dy-La~.Js, notice is required to be given to the Board of Directors oF to any Director or Association !,[ember, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing tko same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board Df DirectDrs, such Director or !4ember at such address as appears on the books of the Association. . ~ Section 2. Service of Notice - ~aiver. When- ever any notice is required to be~%~n--u~-a~-f-~-~ provision's of the Declaration, or of these By-Laws, a wai%er thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof; 'ARTICLE XI. ASSESSME};TS AND FINA~.;CES ' Section 1. The Board of Directors shall have the right to procee'd in accordance with 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' unpaid'dues and assessments, all as more. particularly described in the Declaration of qovenants, dated June 1%, 1975, affecting'the lots. ARTICLE XII. SELLING, LEASING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. Any' lot, and the i~.pro~ements thereon, may be conveyed or leased by a Member, except that no Member 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, however, 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 Board of Directors. Upon the written request of a Member or his Mortgagee, the Board or its designee shall furnish a written statement of the unpaid charges due from such Member %{hich shall be conclusive . -12- evidence of't!$e payment of amounts assessed prior to the date of ~he statement, but unlisted thereon. .A reasonable charge may be made by the Board for the issuance of suck statements. The provisions of this section shall not apply to the acquisition or sale of a lot by a Mortgagee who shall acquire title to such lot by foreclosure or by deed in lieu of foreclosure. Such provisions shall, how- ever, apply to any~ purchaser from such'mortgagee. Section 2. Gifts, etc. Any ~ember may convey or transfer hi~ lot by gift during hi~ lifetime or devise his lot by will or pass the same by intestacy'without re- striction. ' ARTICLE XIII. GENERAL PROVISIONS Section 1. Fiscal year. The fiscal year of the Association shall be fixed by Resolution of the Board of Directors. 'Section 2. Seal. The Association seal shall have'inscribed thereon--'~f~'name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causihg it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination of Books and Records. Each Member, or their respective representatives, sh-~l-~-~-en- titled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incor- poration and the'By-Laws of the Association shall be avail- able for inspection by any Member at the principal office of the AssoCiation. Section 4. Construction. Whenever the masculine singular form Of the pronoun.is used in ~hese By-Laws, it shall be construed to mean the masculine,'feminine or neuter, singular or plural; whenever the context so requires. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Cer- tificate shall control; and in the case of any conflict be- tween the Declaration and these By-Baw$, the Declaration shall control. Section 5. Severab~l~ty.. Should any of the covenants, terms ~ prov~s~ons--~erein imposed be void or be or beccme unenforceable at law or in equity, the remain- ing provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. aR._~LE XIV. ..~,IEND~4ENTS These By-LaWs may be altered, amended, or added. to at any meeting of the Association's Members. Amend- ments to the By-Laws are subject, however, to the approval of the Town Attorney and Town Board of the Town of Southold. -14- .CO::~ULT YOUR LA~ER BEFORE SiG~:ING THIS iNSTRUMENT - TI{IS INSTRU.~tEN~, THiS AGREE~'~-NT, made the day of , nineteen hundred and sevent] , BETWEEN PEBBLE BEACH REALTY, I~C., a corporation organized under and existing bI, virtue of the business law of the State of ~!ew York, having its principal office a~ 620 Hempstead Turnpike, Elmont,'New York 11103, hezeinaf~er described as the seller, and hereinafter described as the.purchaser, WITNESSETH, that the se.ller agrees to sell and convey,..and the purchaser agrees to purchase, 'ALL THAT'certain plot, piece or parcel Of land, situat{ lying and being.at East Marion, in the Town of Southoid, County of Suffolk and State of New York, known and designated as Lot No. on a certain mai entitled, "Map Of Pebble Beach Farms, East Marion, TOWn of Southold, Suffo] County, New York", and filed in the Office of the Clerk of the County of Suffolk on June 11, 1975 as Map No. 6266, SUBJECT TO 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 1. The price is DOLLARS, payable as follows: DOL~%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 deliv~ of the deed as hereinafter provided; 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 Any bond or note and mortgage to be given hereunder shall be drawn on 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 a~ recording fees. If there be a mortgage on the premises the seller agrees to deliver to purchaser at the time of the delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage releasing thes~ premises, from the lien thereof. '' F~iIBIT VI &. £ald premises a_-e sold _~na are uo be conveyed subject to: a. Zoning regu!a=ions and ordinances of the city, town or village in whlc~ the. premises lie which are not violated by existing structures. '' . state of facts shoQn on survey by Van T%~yl & Son dated 10/17'/72 and any state of facts a later accurate survey or personal inspection woulo snow W~ich do not prohibit the use of the premises for residen- tial purposes. 5. The follo'...;ing are to be apportioned: a. Taxes shall be apportioned at the closing on the basis of the lien yea for which assessed. The deed shall be the usual Bargain and Sale with Covenant Against Crantor's Acts in proper statutory short form for record and shall be dul5 c~ecuted and acknowledged ~o'as to convey to the purchaser the fee simple of ~he said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. 47. Since the seller is a corporation, it will deliver to the purchaser at th~ time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificat, Dy the SeCretary or Assistant Secretary of the corporation certifying suc~ 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. The seller shall give and the purchase~ shall accept a title %uch as , a Member of the New York Board of Title. Underwriters, will ~pprove'and insure.'j '" 8. Ail sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, 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. 9. If 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 an portion of the balance of.the purchase price to satSsfy the same,.prgvide the seller shall simultaneously either deliver to the purcha.ser 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 arrange- ments with the title company employed by the purchaser~in advance of closing, seller will 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 ~ith insurance against en- forcement of same out of the insured 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 facilitat the satisfaction gf any such liens or encumbrances. The existence of any such taxes or other ~iens 'and encumbrances.shall not be deemed objections ~o title if'the seller shall comply with the foregoing requirements. 10. In the eveqt that the seller is unable to conv~y title'in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is no~ to ex- ceed the charges fixed bY the New York Board o~ Title Underwriters, and the net cost of any survey made in connection'therewith incurred by the purchaser, and upon such refund and pa~ent being made this contract sha] be considered cancelled. THO INO~c~N'I'~ made the day of · nineteen parry o[ the first part, ;md party of the second part, Wi'I~ tl~t thc paXty o! the Erst part, in consid~-~ti~n o[ Ten Dollars and o. th? ~lu~b. le co~slder'~i.ou paid by the party of the second part, does h~reby gr'iat and reles~e unto the p~'y ot the S~con~l p~'t, the h~irs or succe~sor~ nnd ~si~ts o! the ~ o[ ~e s~nd ~ foyer, 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, ii any, o[ the party of the fir~ part in and to any sLreots and roads abutting the above described premises to the center lines thereof; TOGETHER with the appuctenaa, ces and all the estate and rights o[ the party o[ thc first part in and to said premises; TO HAVE AND TO fIOLD the premises herein granted unto the party of the s~:ond [r~., the heirs or successors and assigns of the party o4 the second part forever. AND the party o[ the first part covenants that the party of tha first pact has not done or suffered anything whereby the said premises have been encumbered in any.way whatever,.exccpt as aforesaid. AND the party olthe first part, in compllance with Sectmn 13 o[ the L~en Law, .covens. n.'- that the part)' of · the first pan will receive the consideration for this conveyance and will hold the r&ght to receive such consld- cratlon aa a trust {und to be applied first tot the purpose o[ paying' the cost o! the improvement and will apply the same first to the payment o! the cost of the improvement be[ore using any part o! the total o[ the same for an)' other purlx}se. The ~x)rd "party" shall be construed as if it r~ad "parties" whenever the sense o[ this indenture so reqclres. Il'/WITNESS WHER.EOF, the party of th~ first part h~s duly exeCuted this deed the day and )'ear first above written. SO long as the Sponsor controls the Lot Owners Association, it will manage the Lot Owners Association without making any charge for s~ch management services. Thereafter, if th~ Association engages the services of a manager, it will incur additional expanse. This expense' is not reflected i~ the ex- penses estimated above. Nor is it anti- cipated in setting the amount of the contingency reserve. 115'7 FLATIqUsH AVENUE BROi~KI_YN, NEW YORK 1122~ 212 E156'45r'lrt December 5, 1975 Pebble Beach Realty, Inc. 620 Hempstead Turnpike Elmont, };. Y. ll003 LETTER OF ADEQUACY Gentlemen: We have examined for inclusion in the Offering Plan of Pebble Beach Farm Lot Owners Association, Inc. the foregoing schedule of the estimated ~eceipts and expenses of YOur Corporation for.the first year qf operation. In our opinion the estimates ate 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 possibility 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 inqur 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. I~ 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 estimates are based on reasonably anticipated expenses as gathered from the data 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 main~enan~ charges. This firm has been engaged in the management of property in the Metropolitan 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~truly yours, Ro~e~.~~ C. p.M., C.S.A. ¥ice President ~na Secretary RAG:Jr 6B November 19, 1975 Pebble Beach kealGy, Inc. 620 Hemps:e~u Turnpike £1moa:, H. Y. 1100) Re: Subdivision of land known as "Pebble Beach Farm. s" Dear Sir: Since the sponsor in the above matter is selling vacant lots wi~h construction to be performed by t-he purchaser, any tax deductions available to the purchaser will. be limited %o t. he amount paid by t. he purchaser to the sponsor in ~he 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 ~he map of Pebble Beach Farms can be used only for agricultural, recreational, and drainage purposes. Each purchaser (Mamher Of the Association) will be 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 regulationsof the Town of $outhold, Suffolk County, New York, Compliance ~i~h all subject regulations was a prerequisition to the signing of the subdivision map by the plaru~ing board of the Tow~ of Southold o~ February 24,.1975, whose endorsement, of approv- al appears on the official, filed map. There was compliance with the regulations of t. he 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. A~plication for approval from the New York State Department of Environmental Conservation was made and 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 i~ the Declaration which was recorded in the Suffolk Count~ Clerk's office on June 11, 1975 were approved by the Southold Town Board, t. he Town Attorney, and the Southold Town Planning Board as being 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 ~ot-for-Profit corporation entitled, Pebble Beach Farms Lot ~..mers Association, Inc. has been formed for the purpose of holding title to the va'cant areas A-G'as shown on ~he official subdivision map. The recorded Declaration to ~nich the property owners are subject, provides that these open a~eas may be used only for ~gricultural, 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 =he taxes imposed upon the seven open areas by t. he Town of Southold. Therefore, any agricultural .in~ome wi~l 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 an~ the statements it contains will be made part of the offering plan. Sincerely, ~~Lefferts P. £dson, Attorney for Pebble Beach Realty, Inc. © ® O OG 0 O® 0 0 ® 0 i© e O 0 0 0 ,0 0 00 cO .GO'FO 0 0 0 \ p',4T wl^p-jo~l HY ~¢,u.¢. ~ I"=,S-o" ,9,.Z,:,,:,~ F'Y~