HomeMy WebLinkAbout1000-30.-2-65 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADD&"
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM
To: James King, President
Toxvn of Southold Board of Trustees
From: Mark Terry, Principal Planner ~
LWRP Coordinator
Date: January 10, 2008
Re: Request for Wetland Permit for Nikolaos Katopodis
SCTM# 30-2-65
NIKOLAOS KATOPODIS requests a Wetland Permit to construct stairs fi-om the top of
the bluff to the beach. Located: 1540 The Strand, East Marion. SCTM#30-2-65
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 me, it is my recolnmendation that the proposed action is INCONSISTENT
with the below Policy Standards and therefore is INCONSISTENT with the LWRP.
Please note: There is evidence of severe historic erosion on the bluff indicating that the
soil characteristics of the bluff are unstable. Two large gullies occur from the top-of-
bluff to the toe; the first adjacent to the western property line and the second adjacent to
the east property line. The lawn area near the eastern property line slopes towards the
top-of-blufl~ There is evidence that storm ~vater discharges down the face of the bluff in
this area. If the proposed action is approved, the slope should be corrected tl~rough the
establishment ora natural buff'er to comply witb Chapter 275 and Chapter 236 of the
Southold Town Code.
Policy 6. Protect and restore the quality and fuuction of the Town of Southold ecosystem
6.3 Protect and restore tidal and freshwater wetlands.
Comply with statutory and regulatory requirements of the SouthoM Town Board of
Trustees laws and regulations for all Andros Patent and other lands under their
jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in
Trustee permit conditions.
The Applicant currently enjoys access to the Long Island Sound Beach. The Planning
Board designed Open Space Area E (SCTM lot #21-5-10) in the Pebble Beach Farms
subdivision, located east of the Katopodis property to provide access to Long Island
Sound, a bathing beach, a parking area, and a path to the beach. The area is maintained
by a Homeowners Association, as per the Covenants and Restrictions dated May 14,
1975.
Therefore, the proposed action does not comply with Chapter 275-i 1, B. (j) which states:
"Individual residential stairs are prohibited on bluffs if the prol~erty is t~art o fan
association that maintains a common stairway within a reasonable distance."
Figure 1. Subdivision beach access, The Strand, East Marion
Pursuant to Chapter 268 the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
MT/hkc
Town of Southold
"~~ INSTRUCTIONS
LWRP CONSISTENCY ASSESSMENT FORM
All applicants for permits* including Town of Southold agencies, shall
complete this CCAF for proposed actions that are subject to the Town of
Southold Waterfront Consistency Review Law. This assessment is intended
to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions
including Building Permits and other ministerial permits not located within
the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form
should review the exempt minor action list, policies and explanations of
each policy contained in the Town of Southold Local Waterfront
Revitalization Program. A proposed action will be evaluated as to its
significant beneficial and adverse effects upon the coastal area (which
includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the
proposed action may affect the achievement of the LWRP policy standards
and conditions contained in the consistency review law. Thus, the action
should be analyzed in more detail and, if necessary, modified prior to
making a determination that it is consistent to the maximum extent
practicable with the LWRP policy standards and conditions. If an action
cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at
the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees
Office, the Planning Department, all local libraries and the Town Clerk's office.
DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 1000-30-02-65 (stairs to beach on Long Island Sound)
The Application has been submitted to (check appropriate response):
Town Board Planning Dept.
Building Dept.
Board of Trustees X
1. Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
Financial assistance (e.g. grant, loan, subsidy)
Permit, approval, license, certification:
Nature and extent of action:
Stairs to Long Island Sound beach
Location of action: 1540 The Strand, East Marion
Site acreage:_ 26,605
Present land use: house
Present zoning classification: r-40
2. If an application for the proposed action has been filed with the Town of Southold
agency, the following information shall be provided:
(a) Name of applicant: Nikolaos Katopodis
(b)Mailing address: 68 Castle Ridge Road, Manhasset NY 11030
(c)Telephone number: Area Code ( )C/o Pat Moore 765-4330
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or
federal agency?
Yes NoX If yes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances
community character, preserves open space, makes efficient use of infrastructure,
makes beneficial use of a coastal location, and minimizes adverse effects of
development. See LWRP Section III - Policies; Page 2 for evaluation criteria.
Yes No (Not Applicable - please explain)
access to Long Island Sound is consistent with Coastal Policy, stairs protect
against damage to bluff by pedestrian activities.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of
Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
Yes No (Not Applicable - please explain)
_Fully developed property
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town
of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation
criteria
XYes No (Not Applicable - please explain)
Beach Access protects bluff and scenic resource
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and
erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria
XYes No (Not Applicable - please explain)
properly constructed stairs minimizes loss of life and damage to natural
resources
Policy 5. Protect and improve water quality and supply in the Town of Southold.
See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria
Yes No (Not Applicable - please explain)X
access stairs do not affect water quality
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold
ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands.
See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria.
Yes No (Not Applicable - please explain)
Not applicable- bluff protected by directing oedestrian use
additional sheets if necessary
Attach
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP
Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III -
Policies Pages; 34 through 38 for evaluation criteria.
Yes No (Not Applicable - please explain)
Not applicable- air quality not affected -no vehicle access
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid
waste and hazardous substances and wastes. See LWRP Section III - Policies;
Pages 34 through 38 for evaluation criteria.
Yes No (Not Applicable - please explain)
Not applicable- no waste or hazardous substances-
materials will be approved by Trustees and DEC
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public
lands, and public resources of the Town of Southold. See LWRP Section III -
Policies; Pages 38 through 46 for evaluation criteria.
XYes No (Not Applicable - please explain)
__Specifically addresses and is consistent with this policy__
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new
water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages
47 through 56 for evaluation criteria.
xYes No (Not Applicable - please explain)_
existing resource
Attach additional sheets if necessary
access to
Policy 11. Promote sustainable use of living marine resources in Long Island
Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies;
Pages 57 through 62 for evaluation criteria.
XYes No Not Applicable - please explain
Existing residences pay for studies and preservation, stairs protect
from deterioration of bluff from human activity_
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section
III - Policies; Pages 62 through 65 for evaluation criteria.
Yes No XNot Applicable - please explain
Existing subdivision and residence
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral
resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation
criteria.
Yes No X Not Applicable - please explain
No energy or mineral resources affected.
BCDHS REF. # R10-02-02i3
$~PTIC MEASUREMENTS
LOT COVERAGE TO TOP BANK
AFTER POOL CONSRUCTION
$693sq. ll./IEOS§sq, fl. = 23?4
LOT NUHBER$ REFER TO 'HAP OF PEBBLE BEACH FARHS'
FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON
JUNE i1, 1975 AS FILE NO, 6266,
NOTFRr
[ am ¢4~r~l[I,~r wlt;h the gTAN]~AR~)S FOR APPROVAL
AND CONSTRUCT[ON OF SU3SURFACE SE~GE
B=NONUNENT AREA=~6,6~5 3,~
s =REBAR SET TO TIE LINE
MONUMENT
STAKE SET
SURVEY OF PROPERTY
AT EAST MARION
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-30-02-65
SCAT,R: 1"=40'
JUNE 28. 2002
AUG. 14, 2002 (prop. hse.)
AUG. 26, 2002 (test hole)
JUl.Y 15, 2004 (fndtn. loc.)
MAY ~, 2007 (p~o~ pOQ40('A,~¢-/.~'
06T.£$, gO07 (FIN,4L)
Me.er after two (2) ~are £ollOw~
to the sal~ of ~e ~e~t lot ~ithl~ ~
not elect a ~a~or~t~ to t~ ~rd ~
corded ~n the S~folk C~nty Clerk's Off~ce
DECLARATION
MADE this 14th day o~ May, 1975, Pebble Beach Realty, Inch,
a domestic corporation of the State Of New York having it's
principal place Of business at 301 Clay Pit~s Road, East
Norkhpor~-, New Ycr]; ]i1731, hereinafter ca!±ed the Declarant;
certain parcel of lan~ situate aL 5';asr Marion, ~own of Southold,
described ~n deed dated October 3]., 1972 made by Arthur L.
recorded in the Suffolk County Clerk = {~f~ice on November
k972 in Ll.er 7279 at page 489 a moues q~d botL~ds d~scri[tion
part hereef~ end referred to herein as the "premises".
WHEP~EAS, the Declarant intends to subdi~'ide s~id premises
for residential purposes and desires to ~ubject said premiseL
to certain conditions, covenants and restrictions.
~O~ TltEREFORE, the Declarant does h,?reby declare that
the aforesaid premises and every per%ion thereof is hereby held
and shall be conveyed subject to the conditions, covenants and
restrictions hereinafter set forth, and that every purchaser of
said premises or any portion thereof, by the acceptance of a
deed thereto, covenants and agrees that the pre~aises so
purchased shall be held subject to the uovenants, conditions
and restrictions hereinafter set forth.
ARTICLE I - DEFINITIONS
1. The words .Subdivision", "Subdivision Map" or
when used herein is intended to mean the subdivision map of
the premises entitled "Map of Pebble Beach Farms, East
Tc~n of Southold, Suffolk County, New York" heretofore approved
by the Southold Town Planning Board and filed or about to be
filed in the suffolk CotLnty Clerk's Office.
2. The words "lot" or "lots" when used herein mean the
separate numbered parcels of land as shown on the subdivision
map.
3. The word "street" when used herein means the streets
or roads as shown on the subdivision map.
4. The word "open space" when used herein means the
separate lettered areas as shown on the subdivision map.
5. The word "o~rner" when used herein means any individual,
corporation or partnership owning all or a portion of the
premises shown on the subdivision map.
ARTICLE II:
The followin~ Coveqnants a~d 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
poured cement walls. Each d~elling shall have an attached
garage with an asphalt or bluestone driveway extending therefromI
to the street p~vement line. Each dwelling shall have a gable,
hip, or pitched roof. No flat roofs shall be constructed.
2. No building of the type commonly referred to as
"mobile" or "modular" shall be installed on any lot.
3. No commercial vehicles, recreational vehicles, trailers,
or campers shall be kept ungaraged on any lot. Any boat
stored on the premises is to be stored along the rear line of
the plot, if not garaged.
4. NO more than two pets shall be maintained on the
premises by any lot owner.
5. Exterior clothes lines shall be installed in a manner
that will detract to a minimum from the appearance of the
neighborhood and with due consideration for the aesthetic
value thereof.
6. No fences, either natural or man made, shall be erected
or maintained on any lot in excess of four (4) feet in height
except that this limitation may be exceeded if required by
the zoning ordinance of the Town of Southold in connection with
the construction of a swiping pool or similiar facility.
H~wever, no fences whatsoever shall be erected or grown in that
area of each plot which is forward of a line established by
extending the rear line of each house to each 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 grantor retains the said
title and the righ% to dedicate and convey the said title to the
Town of $outhold or to a lot owners' association, which associa-
tion is as hereinafter provided. However, the land in the bed
of the streets shown on said map shall be subject to easements
to provide for the installation and maintenance of all utilities
and drainage facilities now or hereafter installed to provide
service for the lot owners, whether installed on the surface of,
or above or below the ground.
8. No nuisance nor noises of any kind, unwholesome and
offensive to the neighborhood, shall be permitted to exist
on said premises, nor shall any accumulation of rubbish, garbage,
junk or materials of any kind be permitted to remain on said
premises. No advertising signs, billboards or other sign
devices shall be permitted on any of said lots excepting dev-
eloper signs which comply with the Southold Town sign ordinance.
A lot owner may maintai~ a "for sale", "for re~t", or "pro-
fessional office" sign on his lot not larger than 12" x 24".
9. No sand, earth or sod shall be removed from the premises
or excavation be allowed to remain open thereon, except as may
be necessary during building construction periods. After
-3-
construction, lawn and landscaping shall be installed and
maintained thereafter in an attractive manner.
10. An owner of a water front lot facing on the Long Island
Sound shall not construct any part of the dwelling northerly
of the approximate 100 foot bluff set back line shown on the
filed map, unless approved by the Town of Southold.
ll. 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
he caused by the operation of vehicles or machinery during
construction or otherwise.
12. The use of each lot shall be limited to one family
residential use.
ARTICLE III- OPEN 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
purposes of natural beauty and open space; the preservation of
natural vegetation; and prevention of overcrowding; and the
conservation of water resources. TO effectuate such purposes,
the following conditions, covenants and restrictions are hereby
imposed on those portions of the premises designated as open
spaces on the subdivision map, to wit:
unless authorized by the Southold ToW~ Board,
1. NO structures shall be erected or placed in or on any
2. NO sand, gravel, top soil or other material shall be
removed from any open space nor shall any such materials be
deposited thereon.
-4-
other removal of vegetation as may be required for the proper
natural preservation thereof.
4. Subject to the foregoing provisions of this Article III,
open space areas "A", "B", "C", and "D" shall be used solely for
agricultural, recreational, use of lot o~ers and their guests,
and surface water drainage p~rposes, except that open space area
"D" may also be used by the Village of Greenport for the purpose
of installing wells therein, and pumping facilities thereon
for it's public water supply system, provided that the plans
therefor and the manner of construction thereof are approved
by the Southold Town Board.
5. open space area "E" shall be used solely as a bathing
beach and related U~es by the lot owners and their guests.
6. Open space area "F" shall be used solely as a motor
vehicle parking area for the users of the bathing beach.
7. The use of any and all open spaces shall be subject
to such reasonable rules and regulations, including fees and
charges, as may from time to time be established by the Declarant,
or its successors and assigns. Such rules and regulations and
amendments thereto shall be approved by the Southold Town Board.
8. It is the intention of this Article III to restrict the
open spaces A to , inclusive, for the use, benefit and enjoyment
of lot owners, and therefor the Declarant covenants and agrees
that it will, at all times during the ownership thereof, maintain
the same at it's expense, for such purposes. Declarant further
covenants and agrees that it will not transfer title thereto
except to an entity comprised of the owners of lots in said
subdivision.
9. Declarant covenants and agrees that at or before fifty
per cent (5~) of the lots have been conveyed by it, that it
will, at it's own Cost and expense, establish a not-for-profit
corporation to be known as "The Pebble Beach Farms Lot Owners
Association", hereinafter referred to as the "association" and
-5-
within sixty (60) days thereafter convey to such association all
of the right, title and interest of the Declarant in and to
said open spaces A to inclusive, together with any and
all private streets show~ on said subdivision map and any and
all areas shown on said subdivision map for future highway
dedication.
10. Upon the creation of the association as hereinbefore
provided, every owner of a lot shall be deemed a member thereof,
and shall be subject to the by-laws and rules and regulations
thereof.
il. Within sixty (60) days after the creation of said
association, by-laws shall be adopted for the government thereof
which said by-laws and any amendments thereto shall be approved
by the T~Nn Board of the Town of Southold.
12. The by-laws of such association shall, in addition to
other matters, provide for the following:
(a) That the owner of each lot shall be entitled to one
vote at any meeting of the association.
(b) That every lot owner shall be subject to a propor-
tionate share of the expenses of the association including
taxes, insurance and any and all expenses incurred by the
association for the improvement, maintenance and use of
the property of the association.
(c) That every lot owner shall have an equal right, in
common with all other lot owners, to the use and enjoyment
of the property of the association, subject however, to the
by-laws and rules and regulations of the association.
(d) That the association shall have the right to borrow
such sums of money as it deems necessary for cost of the
maintenance and improvement of it's property and to secure
the same by a lien on it's property.
(e) That the association shall have the right to suspend
the voting rights of a lot owner for his failure to pay
when due any and all changes due the association; that all
-6-
such unpaid charges shall be a lien on the lot of such
owner and that the association shall have the right to
collect the same and to ~nforce the lien thereof by any
means authorized by law.
(f) That the association shall pay all taxes, assessments
and other charges imposed by any governmental agency as
and when the same are due and payable.
(g) That the association shall maintain adequate fire,
public liability and such other insurance as it deems
necessary for the protecfion of it's property and members.
(b) That the association shall use, operate, and maintain
all of it's streets, bathing beaches and other property
owned by it in a safe and proper manner and in accordance
with the laws, rules and regulations, order and directions
of the Town of Southold and other governmental agencies
having jurisdiction thereof.
(i) That the duration of the association shall be
perpetual.
13. That all of the covenants, conditions and restrictions
contained in this Article III shall be construed as real
covenants running with the land and shall continue and remain
in full force and effect at all times as against the Owner of
the premises or any portion thereof in perpetuity. Said
covenants, conditions and restrictions shall be binding upon,
inure to the benefit of and be enforceable by the Declarant,
it's successors and assigns, their successors and assigns, and the
ToWn of Southold, and it's successors and assigns.
ARTICLE IV - STREETS
1. Declarant covenants and agrees to construct and main-
tain at it's expense, during it's ownership thereof, all streets,
water mains, fire hydrants, drainage systems and electric
utilities in and on the premises necessary for the construction
-7-
of dwellings on the lots of the subdivision.
2. No title to land in any street opened or shown on the
subdivision map is to be conveyed or intended to be conveyed
to the owner of any lot and the Declarant, and it's successors
and assigns reserve the fee of all land lying in the bed of any
and all such streets, and further reserves the right to convey
to any municipal authority, or to the association, all of it's
rights, title and interest in and to any part or all of such
streets, should the Declarant, or it's successors and assigns
at any time deem it expedient.to do so.
3. The Declarant hereby states that the street system in
the subdivisioa has been designed, with the approval of the
Southold Town Plan~ing Board, in such manner that the unpaved
portion thereof provides for the drainage of surface water within
the subdivision and that it is imperative that the unpaved
portion of said streets be used and maintained in such manner
as to facilitate the percolation of surface water therein.
Declarant does covenant and agree that it will maintain said
street system in accordance with the direction of the Southold
Town Planning Board and will at it's own expense make such
repairs thereto as may be directed by said Board. No lot owner
shall excavate, fill or in any other manner disturb the land
within any street without prior approval of said Board.
4. Declarant covenants and agrees that when the streets
and drainage facilities have been constructed in accordance
with the requirements of the Tow~ of Southold and an
association has been established as provided in Article III
hereof, that Declarant will convey to such association all of
Declarant's right, title and interest in and to said streets
and drainage facilities, whereupon said association shall
assume all of the duties of the Declarant with respect thereto.
5. The owner of said streets shall, so long as the same
shall remain in private ownership, maintain the same in a safe
and proper condition.
-8-
PEBBLE BEACH REALTY, INCo, by:
~sep~ J. D6n6~n~ ~esident
STATE OF NEW YORK, COU~TY OF SUFFOLK: ss
On the /~day of May, 1975, before me personally came
JOSEPH J. DONOVAN, to me kno~, who, being by me duly sworn,
did depose and say that he resides at 71 Home Street, Malvern,
New York 11565~ that he is the President of Pebble Beach Realty,
Inc. the cor~ration described in and which executed the
foregoing inst~ment; that he knows the seal of said corporation:
that the seal affixed to said.inst~ment is such corporate seal;
that it was so affixed by order of the board of directors of
said corporation, and that he signed his name thereto by like
order.
TITLE No. 72-S-04720
SCHEDULE A
DESCRIPTION
ALL that certain plot, picts or parcel of land, situate,
lying and being at East Marion, Town of Southold, County of
Suffolk amd State of New York bounded and described as follows
(1) North 16' 25' 30" ~est 272.05 feet
(2) North 16° 40' 30" West 447.07 feet
(4) North 15' 28' ~est 102.95 feet
(6) North 16' 16' Yest 260.73 feet
{7) North 16° 29c 20" wear 295.93 feet
Road the follovteS courses and distances:
(1) South 56° 13' 40" ~e~t 255.0 feet
(2) South 58' 06' 10" West 339.0 fact
May 28, 1975
Lefferts P. Edson, Esq.
Main Street
Southold, New York 1197!
Re: Pebble Bjeach Declaration
of Covenants and Restrictions
Dear Sir:
I have examined the declaration which you left at the office mad
the same is satisfactory except for the minor changes checked
in the margin in pencil.
Yours very truly,
ROBt~RT W. TASKER
RWT:MY
Enclosure
DECLARATION
MADE this 14th day of May, 1975, by Pebble Beach Realty,
Inc., a domestic corporation of the State of New York having it's
principal place of business at 620 Hempstead Turnpike, Elmont,
New York 11003, hereinafter called the Declarant;
WHEREAS, the Declarant is the owner in fee simple of a
certain parcel of land situate at East Marion, Town of Southold,
County of Suffolk and State of New York, being the premises
described in deed dated October 31, 1972 made by Arthur L. R.
Francisco and Helen T. Francisco to Pebble Beach Realty, Inc.
recorded in the Suffolk Co%lnty Clerk's Office on Noveauber 10,
1972 in Liber 7279 ~t page 489, a metes and bounds description
of which is shown on Schedule A as attached hereto and made a
part hereof, and referred to herein as the "premises".
WHEREAS, the Declarant intends to subdivide said premises
for residential purposes and desires to subject said premises
to certain conditions, covenants and restrictions.
NOW THEREFORE, the Declarant does hereby declare that
the aforesaid premises and every portion thereof is hereby held
and shall be conveyed subject to the conditions, covenants and
restrictions hereinafter set forth, and that every purchaser of
said premises or any portion thereof, by the acceptance of a
deed thereto, covenants and agrees that the premises so
purchased shall be held subject to the covenants, conditions,
and restrictions hereinafter met forth.
ARTICLE I - DEFINITIONS
1. The words "Subdivision", "Subdivision Map" or "Map"
when used herein is intended to mean the subdivision map of
the premises entitled "Map of Pebble Beach Farms, East Marion,
TOWn of Southold, Suffolk County, New York" heretofore approved
by the Southold Town Planning Board and filed or about to be
filed in the Suffolk County Clerk's Office.
2. The words "lot" or "lots" when used herein mean the
separate numbered parcels of land as shown on the subdivision
map.
3. The word "street" whe~ used herein means the streets
or roads as shown on the subdivision map.
4. The word "open space" when used herein means the
separate lettered areas as shown on the subdivision map.
5. The word "owner" when used herein means any individual,
corporation or partnership owning all or a portion of the
premises shown on the subdivision map.
ARTICLE II:
The following Covenants and Restrictions applying to
the constl~/ctio~, 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. Eagh
dwelling shall have a full basement made of concrete block or
poured cement walls. Each dwelling shall have an attached
garage with an asphalt or bluestone driveway extending therefrom
to the street pavement line. Each dwelling shall have a gable,
hip, or pitched roof. No flat roofs shall be constructed.
2. No building of the type commonly referred to as
"mobile" or "modular" shall be installed on any lot.
3. No conunercial vehicles, recreational vehicles, trailers,
or campers shalI be kept ungaraged on any lot. Any boat
stored on the premises is to be stored along the rear line of
the plot, if not garaged.
4. No more than two pets shall be maintained on the
premises by any lot owner.
5. Exterior clothes lines shall be installed in a manner
that will detract to a minimum from the appearance of the
neighborhood and with due consideration for the aesthetic
value thereof.
--2--
6. NO fences, either natural or ma~ made, shall be erected
or maintained on any lot in excess of four (4) feet in height
except that this limitation may be exceeded if required by
the zoning ordinance of the Town of Southold in connection with
the construction of a swindling pool or similiar facility.
However, no fences whatsoever shall be erected or grown in that
area of each plot which is forward of a line established by
extending the rear line of each house to each side line of the
plot. Each corner lot shall for these purposes be considered
to have it's front yard on t~e 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 convey the said title to the
T~wn of Southold or to a lot owners' association, which associa-
tion is as hereinafter provided. However, the land in the bed
of the streets shown on said map shall be subject to easements
to provide for the installation and maintenance of all utilities
and drainage facilities now or hereafter installed to provide
service for the lot owners, whether installed on the surface of,
or above or below the ground.
8. NO nuisance nor noises of any kind, unwholesome and
offensive to the neighborhood, shall be permitted to exist
on said premise~, nor shall any accumulation of rubbish, garbage,
junk Or materials of any kind be permitted to remain on said
premises, No advertising signs, billboards or other sign
devices shall be permitted on any of said lots excepting dev-
eloper signs which comply with the Southold Town sign ordinance.
A lot owmer may maintain a "for sale", "for rent", or "pro-
fessional office" sign on his lot not larger tha~ 12" x 24".
9. No sand, earth or sod shall be removed from a lot,
or excavation be allowed to remain open thereon, except as may
be necessary during building constr~ction periods. After
-3-
construction, lawn and landscaping shal~ be installed and
maintained thereafter in an attractive manner.
10. An owner of a water front lot fronting on the Long
Island Sound shall not construct any part of the dwelling
northerly of the approximate 100 foot bluff set back line shown
on the filed map, unless approved by the Town of Southold.
11. The individual lot ~wner shall be responsible for, and
repair or cause to be repaired, any damage to the paved and
drainage swale areas of the road in front of his lot, which may
be caused by the operation of' vehicles or machinery during
construction or otherwise.
12. The use of each lot shall be limited to one family
residential use.
ARTICLE III - OPEN 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
purposes of natural beauty and open space; the preservation of
natural vegetation; and prevention of overcrowding; and the
conservation of water resources. To effectuate such purposes,
the following conditions, covenants and restrictions are hereby
imposed on those portions of the premises designated as open
spaces on the subdivision map, to wit:
Unless authorized by the Southold Town Board,
1. No structures shall be erected or placed in or on any
open space.
2. No sand, gravel, top soil or other material shall be
removed from any open space nor shall any such materials be
deposited thereon.
3. No trees, or other vegetation shall be removed from
any open space except dead, diseased or decayed trees, or such
-4-
other removal of vegetation as may be required for the proper
natural preservation thereof.
4. Subject to the foregoing provisions of this Article III,
open space areas "A", "B~', "C", "D", and "G" shall be used solely
for agricultural, recreational use of lot owners and their guests,
and surface water drainage purposes, except that open space area
"D" may also be used by the Village of Greenport for the purpose
of installing wells therein, and pumping facilities thereon
for it's public water supply system, provided that the plans
therefor and the manner of construction thereof are approved
by the Southold Town Board.
5. Open space area "E" shall be used solely as a bathing
beach and related uses by the lot owners and their guests.
6. Open space area "F" shall be used solely as a motor
vehicle parking area for the users of the bathing beach.
7. The use of any and all open spaces shall be subject
to such reasonable rules and regulations, including fees and
charges, as may from time to time be established by the Declarant~
or it's Sucoessors and assigns. Such rules and regulations and
amendments thereto shall be approved by the Southold Town Board.
8. It is the intention of this Article III to restrict the
open spaces A to G, inclusive, for the use, benefit and enjoyment'
of lot owners, a~d therefor the Declarant covenants and agrees
that it will, at all times during the ownership thereof, maintainl
the same at it's expense, for such purposes. Declarant further
covenants and agrees that it will not transfer title thereto
except to an entity comprised of the owners of lots in said
subdivision.
9. Declarant covenants and agrees that at or before fifty
per cent (5~/o) of the lots have been conveyed by it, that it
will, at it's own cost and expense, esta]~lish a not-for-profit
corporation to be known as "The Pebble Beach Farms Lot Owners
Association", hereinafter referred to as the "association" and
-5-
within sixty (60) days thereafter convey to such association all
of the right, title and interest of the Declarant in and to
said open spaces A to G, inclusive, together with any and
all private streets shown on said subdivision map and any and
all areas shown on said subdivision map for future highway
dedication.
10. Upon the creation of the association as hereinbefore
provided, every owner of a lot shall be deemed a member thereof,
and shall be subject to the by-laws and rules and regulations
thereof.
ll. Within sixty (60) days after the creation of said
association, by-laws sha~l be adopted for the government thereof
which said by-lawsYand any ~mendments thereto shall be approved
by the Town Board of the Town of Southold.
12. The by-laws of such association shall, in addition to
other matters, provide for the following:
(a) That the owner of each lot shall be entitled to one
vote at any meeting of the association.
(b) That every lot ~wner shall be subject to a propor-
tionate share of the expenses of the association including
taxes, insurance and any and all expenses incurred by the
association for the improvement, maintenance and use of
the property of the association.
(c) That every lot owner shall have an equal right, in
common with all other lot owners, to the use and enjoyment
of the property of the association, subject however, to the
by-laws and rules and regulations of the association.
(d) That the association shall have the right to borrow
such sums of money as it deems necessary for cost of the
maintenance and improvement of it's property and to secure
the same by a lien on it's property.
(e) That the association shall have the right to suspend
the voting rights of a lot owner for his failure to pay
when due any a~d all changes due the association; that all
-6-
such unpaid charges shall be a lien on the lot of such
owner and that the association shall have the right to
collect the sam~ and to enforce the lien thereof by any
means authorized by law.
(f) That the association shall pay all taxes, assessments
and other charges imposed by any governmental agency as
and when the same are due and payable.
(g) That the association shall maintain adequate fire,
public liability and such other insurance as it deems
necessary for the protection of it's property and members.
(h) That the association shall use, operate, and maintain
all of it's streets, bathing beaches and other property
owned by it i~ a safe and proper manner and in accordance
with the laws, rules and regulations, order and directions
of the Town of Southold and other governmental agencies
having jurisdiction thereof.
(i) That the duration of the association shall be
perpetual.
13. That all of the covenants, conditions and restrictions
contained in this Article III shall be construed as real
covenants running with the land and shall continue and remain
in full force and effect at all times as against the owner of
the premises or any portion thereof in perpetuity. Said
covenants, conditions and restrictions shall be binding upon,
inure to the benefit of a~d be enforceable by the Declarant,
it's successors and assigns, their successors and assigns, and
the Town of Southold, and it's successors and assigns.
ARTICLE IV - STREETS
1. Declarant covenants and agrees to construc~ and main-
tain at it's expense, during it's ownership thereof, all streets,i
water mains, fire hydrants, drainage systems and electric
utilities in and on the premises necessary for the construction
-7-
of dwellings on the lots of the subdivision.
2. No title to land in any street opened or shown on the
subdivision map is tO be conveyed or intended to be conveyed
to the owner of any lot and the Declarant, and it's successors
and assigns reserve the fee of all land lying in the bed of any
and all such streets, and further reserves the right to convey
to any municipal authority, or to the association, all of it's
rights, title and interest in and to any part or all of such
streets, should the Declarant, or it's successors and assigns
at any time deem it expedient Go do so.
3. The Declarant hereby states that the street system in
the subdivision has been designed, with the approval of the
Southold T~w~ plann~ng Board, in such manaer that the unpaved
portion thereof provides for the drainage of surface water within,
the subdivision and that it is imperative that the unpaved
portion of said streets be used and maintained in such manner
as to facilitate the percolation of surface water therein.
Declarant does covenant and agree that it will maintain said
street system in accordance with the direction of the Southold
Town Planning Board and will at it's own expense make such
repairs thereto as may be directed by said Board. No lot owner
shall excavate, fill or in any other manner disturb the land
within any street without prior approval of said Board.
4. Declarant covenants and agrees that when the streets
and drainage facilities have been constructed in accordance
with the requirements of the Tow~ of Southold and an
association has been established as provided in Article III
h~reof, that Declarant will convey to such association all of
Declarant's right, title and interest in and to said streets
and drainage facilities, whereupon said association shall
assume all of the duties of the Declarant with respect thereto.
5. The owner of said streets shall, so long as the same
shall remain in private ownership, maintain the same in a safe
and proper condition.
-8-
IN WITNESS W~EP~EOF, this agreement has been executed
the day and year first above written.
~, ~*' PEBBLE BEACH REALTY, INC., by:
STATE OF ~ YO~, CO~TY OF S~FOLK : ss
On the 14th day of May, 1975, before me personally c~e
JOSEPH J. DONOV~, to me kn~, who, being by me duly ~orn,
did de~se and say that he resides at 71 Home Street, Malverne,
N~ York 11565: that he is the President of Pebble Beach Realty,
Inc. the cor~ration described in and which executed the
foregoing inst~ent; that he kn~s the seal of said cor~ration;~
that the seal affixed to said inst~ent is such cor~rate sea~;
~at it was so affixed by order of the board of directors of
said cor~ration, ~d that he signed his n~e thereto by like
order.
-9-
TITLE No 72-5-04720
DESCRIPTION
(1) North 16' 25' 30" Neat 272.05 feet
(2) North 16° 60t 30" Nest 667.O7 feet
(3) North 16° 23' 20" Nest 127.67 feet
(6) North 15' 28* Neat 102.95 feet
(§) North 15' 29* 30" Neat 310.56 feet
(6) North [6* 16t Neat 260.73 feet
(7) North 16e 29' 20" Nest 295.93 feet
(8) North 16° 31' 30" Neet 266.33 feet
(9) North 16* 29' [0' Nest 167.IS'feet
(10) South 69e 67~ 10" Vast 562.88 feet
(11) North 2~' &6' O0' Nest 692.65 feet
(12) South 66e 28~ [0' Wast 606.90 feet
(13) North 23' 22' 60" Wast [365.0 feet to the Loeb Islana Souna;
(1) North 38' lOI 60" East &O6.76 feet
(2) North 52' 02' 60" East 317.06 feet
(3) North 59' 36' OO" East 636.78 feet
(6) North 38' 09' 30" Bast 623.16 £eet
(5) Norris 32' 66~ 10" East 699.30 feet
(6) North 26' 50' 20" East 697.59 feet to land of Slrten;
(~) South 15' [8' 10" Bast 300.0 feet
(2) South 13e 5~~ 10" East 816.76 feat
(~) South 13' 31' 30" East &36.67 feet
(G) South 13' 26' 60" East 537.97 feet
(5) South 12e ~1* 60" Bast 316.36 feet
(6) South 13° ~0~ 10" Bast 666.72 feet
(7) South 11' ~7' Bast 126.63 feet
(8) South 13' 00' 20' East 132.76 feet
(9) South 13' 01~ 50" East ~O5.25 feet
(10) South 13° 56' 20" East 200.0 feet
(11) South 15* 39' 30" East 200.09 feet
(12) South 13e 36' ~O" Bast 262.01 feet
(13) South 13' 56' 20" Bast 285.0 feet
(16) South 12e 37~ &O" £aat 153.06 feet
([5) South 15' 10' gaas 213.06 feet
(~6) South 16e 16~ Bast 90.07 feet
(18) South 72e 2§* 10" Nest 166.62 feet
(1) South 56e 13' 60" Nest 255.0 feet
(2) South 58° 06' 10" Nest 339.0 feet
~9-~0-0~-000~
O'L/' ....
Nd LO'9'F' L LOfS[~L - ~ 3DYd