Loading...
HomeMy WebLinkAboutTR-7020 � J James F.King,President %QF SOUJy Town Hall Annex Jill M. Doherty,Vice-President hQ� Ol0 54375 Main Road P.O.Box 1179 Peggy A.Dickerson Southold, New York 11971-0959 Dave Bergen y �e Bob Ghosio,Jr. 'O �Q Telephone(631) 765-1892 IyCOU '� Fax(631).765-6641' BOARD OF TOWN TRUSTEES , TOWN OF.SOUTHOLD CERTIFICATE OF COMPLIANCE # .0413C Date April 15, 2009 THIS CERTIFIES that the re-vegetation of the beach access area with Bayberry bushes and Rosa Rugosa . At. 5065 The Long Way, East Marion Suffolk County Tax Map#21-5-10 Conforms to the application for a Trustees Permit heretofore filed in this'office Dated. 12/3/08 pursuant to which Trustees Wetland Permit#7020 Dated. 1/21/09 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the re-vegetation of the beach access area with Bayberry bushes and Rosa Rugosa. The.certificate is issued to PEBBLE BEACH LOT OWNERS ASSOCIATION owners of the aforesaid property. Authorized Signature 1 James F. King,President *QF SDUJy Town Hall Jill M.Doherty,Vice-President ,`O �lO 53095 Route 25 P.O. Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen Bob Ghosio, Jr. �Q 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 'V . Project complete, compliance inspection. � ��1'f"1♦%'�' � - .V 3"r,�,r,;._ �.,rr r i� .� �eV'V it✓r gs& "r`' •Vr ✓' �. rr r � � 'Y rr r� V .�..:� r•.. r•1 ! 1 fir: I o w�'1 AXW 1; A V f ' ' BOARD OF'SOUTHOLD TOWN TRUSTEES SOtJTHO 'D,'NEW YORK { PERMI;T NO, 7020. DATE JANUARY 21,2009 1" ISSUED TO:: PE-BBLE:BEACH.LOT,OWNERS.:ASSOCIATION;" •r{,y v PROPERTY ADDRESS: 5065 THE LONG WAY;EAST.MARION %!,r{ SCTIVI# Z1` ,AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Tt.11own of fit{ Southold and in accordance with the Resolution of the Board`of Trustees adopted at the meetin held d on ►rltt January 21 2009,and,irk consideration of application fee in the sum of$250.00 paid by Pebble Beach Lot f; ••IQI'f Owners Association and sub9ecf tothe Terms and Conditions'a's stated in the Resolution,the'Southoid Town ' Board"of Trustees aumonzes and permits the following: Wetland Permit to re vegetate the beach access area with Bayberry bushes and Rosa Rugosa;with the condition that the re-vegetation,be completed by May il ,_2009 ` - g and a final inspection be performed, and as depicted on the site plan prepared by ,,Iff Timothy Coffey LandscapiI�g,;dated September.2008, and.received;on December 3, r 2008. IN!WITN.E$S;WHEUQF;:the said Board of Trustees hereby causes.its Corporate;Seal to,be affixed, ` {�{ and the se;.presents to be-subsczibed by;a majority of the satd,Board as of.this date /11� ' At .•.� t '� �'�'+�/ • ��I s�M1 �l��f 1� v_ - 1 �H `^'_ it I'�I - \� ���,1`. S^ � `�• ', y ` ii{Irl V/lli\4' I_ a�'� I ''.• - r�// 1 i��` I rid lw .��/ 11, ;�. ' � / ,' ,�` "w •.S.rN -. ,•,r�4 r/r:Vd,,.; ,a�'41.!A4/..r.� f '� A��{r r+•r1A.«' • ', �.��i:��rl�«r•, s s':yS{:_r1�;�...�,r _ •9"",^•./��r�::�1i!ir i If 7z" TERMS AND CONDITIONS The Permittee Pebble Beach Lot Owners Association residing at 5065 The Long3mU,East Marion,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1 1. 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 suitstinitiatedb.y third.parti&s;and the said Permittee assumes full liability'with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold.;r 2. 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,but should circumstances warrant,-request for an extension may be made to the Board at a later date. _ 3. 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. 4. That the work;involved will`be,subject to the inspection and approval'o"f 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. 5. That there will be no unreasonable'interference with navigation as`a result of the work herein authorized. ail 6. That'there shal'i'he no interference'with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal andtor 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 fA. required,upon due notice, to remove or alter this work prof ect herein stated without expehses to the Town of Southold. 8. . That the said Board will be notified by the Permittee of the complet" "of the work authorized. 9. 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 �6QE SO(/ry Town Hall Annex Jill M. Doherty,Vice-President ,`O� �lO 54375 Main Road Peggy A.Dickerson P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen G Bob.Ghosio,Jr. �� Telephone(631) 765-1892 �IyComm i� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 21, 2009 Mr. Anthony Vivona l 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 during 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 provisions 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, 2 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, Ja24F. King President, Board of Trustees JFK/eac James F.King,President ��QF S0!/ryo Town Hall Jill M.Doherty,Vice-President ,`O l0 53095 Route 25 P.O.Box 1179 Peggy A.Dickerson #t Southold,New York 11971-0959 Dave Bergen .Bob Ghosio,Jr. �l� �Q Telephone(631)765-1892 OU Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: 11�` e_bwe O2ack 44 i0w hers 055C�o n Please be advised that your application dated eCCM(9�r 3 has been reviewed by this Board at the regular meeting of �c�nue-r 4':;2W� 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) 1st Day of Construction ($50.00) % Constructed ($50.00) V/'Final Inspection Fee ($50.00) T 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 re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ Sy BY: James F. King, President Board of Trustees ���Og�yFFOtkco� Donald Wilder,Chairman ti -� Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O. Box 1 179 Southold,NY 11971 Telephone(631)765-1892 Fax(631)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. OgUEFO(�' James F.King,President 1 CQ P.O.Box 1179 Jill M.Doherty,Vice-President Gyp Southold,NY 11971 Peggy A.Dickerson y Telephone(631)765-1892 Dave Bergen Fax(631)765-6641 Bob Ghosio,Jr. y !� 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. Bergen_ B.Ghosio, D. Dzenkowski Mark Terry_other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- 5 xib 6-m-0 ODbi b ]-Cx-06. 5 ,1D 5 M-p so ox x6b \5V' •6aE n.l �1 i63u u�33 w-. ...� —�T_ Sl ]11 IS I6 {;y5• . u O = aV5 0.sJ lla 1 a• 55 a �G l.lam 9zu \1 a w, t ,aao O o�.w ca syv ]6 J 3 uwn cmwmsa�u.v a.i� .Y)o m ••,Rd ]Y3 zs \M1 a ]] a M16 1 +5 s 25 x) y+a }Y61c6 ny 9 1a pSV0. ]p 3 �163W ]p? •�a a]2 � f a ' • s a ] s5� 14 6 a. .Y lx u� LL Lic 5 4 6 l5 a D OIi Ptt.IA a 3C04 • sy]+ E 6 xl s`SEE SEC.M. FOR Ptt.Np. x.N s )lbl-6613 SEE SEC.10. i uE •x e' SEE SELtA Wo 1 jv~ 8 L 6.. n 1.� — r 1, NOTICE 6,,p� COUNTY OF SUFFOLK Q E SOUTHOLD rSECTION NO e —�— ezil —_ •—_ w —_ —_ uurtEN K. 1@6,N.:LLE 6P Real Property Tax Service Agency r E `° •�" _ �.., —_ —_ �•� �„� —_ __ uEEa,6 1-11 T.Pmlmn of 6xE P '� CmniY tenteur IR n6ad,N Y 119u1 21 m� e o.. i.e,e�o.w m" m..aa —..— a xo+� os,rnw 1000PERTv ucP OFFICE LOCATION: 4r w A MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 �OSUFF01/t Southold,NY 11971 Main Rd.&Youngs Ave. ��O Gym► Telephoner 631 765-1938 Southold,NY 11971 Fax: 631 765-3136 0 N 2 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King,President Town of Southold Board of Trustees 2009 From: Mark Terry,LWRP Coordinator J AN 2 1 Scott A.Hilary,LWRP Coordinator Date: January 12,2009 Re: Chapter 268,WATERFRONT CONSISTENCY REVIEW Wetland Permit for PEBBLE BEACH LOT OWNERS ASSOCIATION SCTM#21-5-10 Anthony Vivona on behalf of 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 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.King,President �*OF S�UTy� Town Hall Jill M.Doherty,Vice-President ,`O l0 53095 Route 25 Peggy A.Dickerson P.O.Box 1179Southold,New York 11971-0959 Dave Bergen G Q Bob Gliosio, Jr. Telephone(631)765-1892 �lif'COU '� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _ stal Erosion Permit Application _ etland Permit Application Administrative Permit � Amendment/Transfer/Extension Received Application: �g _zK ceived Fee:$ — It c�Completed Application _Incomplete 'Al _SEQRA Classification: Type I Type II Unlisted —Coordination:(date sent) DEC - 3 2008 _LWRP Consistency As ess e t Form ,/C`AC Referral Sent: I _Bate of Inspection: 0 _Receipt of CAC Report: t_ _Lead Agency Determination: _Technical Review: _mac Hearing Held: / Resolution: Name of Applicant ?!�&/x_ =�f�D��� �P/1� Address Phone Number:( ") ,&/ ��02�✓ Suffolk County Tax Map Number: 1000 -p2/ — Property Location: SQ j )' g, E'451 MA E(0'j 11197 (provide LILCO Pole#, distance to cross streets, and location) AGENT: /t� oK I O S - (Ifapplicable)lg/! ,B�A2�l IyLQ-,,b OF�2s �� �— Address: 1y2% cAA es ic &vT kof �lg e&cT P74 P I o kl I f 3�l Phone: o1531 q`7rI a3 a.1- gyp ' rd of Trustees Applicatic GENERAL DATA Land Area(in square feet): 'pq . + Area Zoning: Previous use of property: 40 W-,, Y Intended use of property: tS ft hl ? Covenants and Restrictions:—ZYes No If"Yes",please provide copy. Prior permits/approvals for site improvements: Age cy _ Date ocu oc,�a� ►ems 0 ao® ? No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspen by a governmental agency? LNo Yes If yes, provide explanation: Project Description (use attachments if necessary): /�JO—x". C1111 A 0�'i and of Trustees Applicati' WETLAND/TRUSTEE LANDS APPLICATION DATA. Purpose of the proposed operations:A�k-' "tL I; d` P a.,o Area of wetlands on lot: 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? No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): 617.20 PROJECT ID NUMBER APPENDIX C SEAR STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME Ale &Agru R P &PROJECT LOCATION:S 6S 9&,1 F—As-r MA&10�a kj Sv. 1f g Sq. l Municipality o �V4 O 1 ok A y. County 4.PRECISE LOCATION: Street Addess and Road Intersections, Pro anent landmarks etc -or provide map if- cy 5.IS PROPOSED ACTION: ❑ New ❑Expansion fpl Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: ICJ 7.AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? FKYes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ❑Residential ❑Industrial ❑Commercial ❑Agriculture Park/Forest/Open Space ❑Other (describe) 10.•DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) MYes ❑No If yes, list agency name and permit / approval: 9 ©a"A -9�'r cs mON HAVE A CUR REN LY VALID PERMIT OR APPROVAL? ElYes ®No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / S onsor me Date: Signature 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 I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL FAF. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be han6written,if legible) C1. 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 intensity of use of land or other natural resources?Explain briefly: ............... .... __. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? 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 CRITICAL ENVIRONMENTAL AREA(CEA)? If es,ex lain briefl : Yes ®No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes ex lain: Yes No PART III-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 (f) 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 =des,-the-determinatieR-ofsignific-aRG&Fnust-evaluate-thepotential+mpaetef-the-prepesedaetiononthe-erwirenmentaFeharacteristie -ofthe-C-EA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting W determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer 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 Al v V U t� N BEING DULY SWORN 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/BER 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. Ail 0,V1 VLF"',C� Si ature SWORN TO BEFORE ME THIS DAY OF 100.P, ,20DP LAUREN M.STANDISM r N0 YY Public,State of New York Co Qualified in Suffolk Counttyy otary Public mmission Expires April 9,2U 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 Southold, 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 ,s� member of the Board of Directors to serve as the agent for the Association in connection with the aforementioned matter. 4'a S /.,- 13a4leD E-N13c We thank you for your cooperation. Very truly yours, �f r �l James F. King, President *V SOUTyO Town Hall Jill M. Doherty,Vice-President ,`O l0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio,Jr. '� �� Telephone(631)765-1892 COUNTY,Nc� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of --- Q�c� - aC6-�bt _ Vic. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, � Vj�q)iq_, residing at U 6 ,dR ,se P A7! M w R 1 cN >�w �� k l 193 2 being duly sworn, depose and say: That on then 6 day of D-2.e— , 200,! I personally posted the property known as — A tZ to d by placing the Board of T stees of icial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight da s prior to the date of the public hearing. Date of hearing noted thereon to be held Q �Y 1 ®'! F � /Yl, Dated: (signature) Sworn to before me this 2.6"'day of be—&,2008 ry Public John M.Judge NOTARY PUBLIC,State of New York No. 01JU60594.00 Qualified In Suffolk County Commission Expires May 29,20 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: (��n jq iw ids 6 H, V 0 P-P C) 0 k r9^ e---/AR l ES �-zo .�o R Cc� �s Fl 'j 7 1nN 0 v STATE OF NEW YORK COUNTY OF SUFFOLK &��fj)wV 1V0,&1,d , residing at l.2- ,0QFcsgrj 1 )—j4 &S—� iJ 4, 1 ( 723 ,being duly sworn, deposes and says that on the day of 'e C_ , 20_�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 atf,4:T/n kj oAj 0 . , that said Notices were mailed to each of said persons by (certified) (registered)mail. Sworn to before me this 2 6 fh Day of C azr—er.6<, , 20 101? Notary Public John M.Judge NOTARY PUBLIC,State of New York No. o1JU6059400 Qualified In Suffolk County Commission Expires May 29,20 ■P. CE ca a Co OAKLAND GARDENS NY 11364 $ $1.00 0939% Postage Ir 2 70 (�� k rr7 Certified Fee L. postmark t: O Return Receipt Fee 9 wlHere p (Endorsement Required) $2.20 1 � C3 Restricted Delivery Fee $�� ' (Endorsement Required) 00 rqTotal Postage&Fees $ $5.90 1r2/23/'2-M M C3 Sent To r n / rLI Street,Apt.No.; D A 17 or PO Box No. ,`� J/Jf L` ""-- v-------------- ------- City State,ZIP+4 • • c ED MAIL RI. 1• A • - ..- . •�• a 0 w _ a 7077T.TSHIIN30 NY.-1145-0 .: -1- Postage1.f)0 0939'J Ir f�l Certified Fee $?. Pas-T�-n 70 D s g L { C3 Return Return Receipt Fee r. C3 (Endorsement Required) $2.20 a C3 �" I� Restricted Delivery Fee (Endorsement Required) $0.00 C3,-a Total Postage&Fees $ �5.90 12/23/2008 /� L77 A O Petjt To fU Street,Apt No.; C3 or PO Box No. V �7 Q o -----------------'t�--------------------kk--- -------------------------------- N C y,State,ZIP+4 _ ti� ' II O`JO :ro rO APPLICANT/AGENT/REPRESENTATIVL TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The puroose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. /' YOUR NAME: /''1 to (Ao r V I0®x1 A (Last name,first name,diddle 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 (If"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 If you 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 applicant/agent/representative)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%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or•beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th' _day of 200 Signature t. Print Name u r o Form TS 1 4�,pg�FFO�,�cO James F. King,President C2 Town Hall,53095 Main Rd. Jill M. Doherty,Vice-President �. P.O. Box 1179 Peggy A. Dickerson S Southold,NY 11971 Dave Bergen '1% ��' Telephone(631)765-1892 Bob Ghosio,Jr. '1` Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1" day of construction / % constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: C4 c —U c 2 cil CERTIFICATE OF COMPLIANCE: 143 - 72 _ r¢- 142 " _ 71 706968 6766656463 2 Of'c�\ ' ? � �` U SI ACE I e 61 60 59 58 57 56 55 U 54 53 52 51 50 49 T4T ?4 T C W t. 140 - p 1-N EAC 75 � AY 144 IZ 11 ��� E LONG Y\`- A �a 76 43 >, 13 10 = 77 42 ¢ 1419 b� 1 78 41 = 15Lw � 8 16 80 OPEN 3 V 1738 6 _ SPACE G 37 i 19 36 20 82 35 ESCE APPROVED BY :OAR® OF TRUSTEES 1 ' 6 25 22 21 ...,_�OWN OF SOUTHOLD 1� 4 86 ,� 2 - 87 88 31 j 2 89 32 GOLF AN ze. 1 a E c 0 14 98 34 I D 9 91 94 9ti5 11& 92 , 3 OCT - 2 -2007 1' 93 cli LONG ISLAN �" ` Southhold e`` � 5 �. o g w.�� i BoaN of.TrustTown SOUND 11.0 1 t `J .,Ir l•'.'lli {..l•+�� ) '.J+.•'G+r.)" r7 -IUS tl LUwNiRG.i'.G..LAM dIA-4I Pu*LI'a..1�1 r.11.•.•7 Il r.lr;..lrli..w: V t r.. e0 9AC"+42% PL.Gg AT NCO YO+s i (;��rii,ratr ofoh.irrnr>zur�.iiaic _ of PEBBL Bc..�C3 FA. L' C���S ASSOCIATION" 1..iC. under section 402 of the Not-for-Profit Corporation Law ' IT is HEREBY CERTIFIED THAT: (t) 7':;, name of the corporation is Pebble' Beach Farms •Lot owners Association. Lac. (2) The corporation is a corporation as defined in subparagraph (a)(5) of section 102 (Definitions) of the Prot-for-Profit Corporation Law. (J) The purpose or purposes for which the corporation is forded are as follows: to take title. to, own; maintain, operate and otherwise care for certain real. prooarty located at Pebble Beach Farms, at East :Marion, Town of Southol'I, Suffolk County, Nt-.4 'Yort, for the benefit of its rzavbers, to prcmote "cooperation among the members having, the right to use said .properties, to, assess and collect from each mender or owner of a lot at Pebble Beach Farms an annual lot owner's fee and such other aAn.o fits as may frcm .tiM8 to time constitute the.membar's ,pro rats share of the cost of owning, maintaining, improving and r' .operating the real estate held by the corporation for the use of its members. W E IN s S DEC — 3 2008 E �Southeid�Tatitir {{ Board of Trustees all the The corporation, in furtherance of its corporate purposes Lawo subjecrve set otohanyal/rnitations pro�dedrine he merated in section 202 of the Not-for-Profit Co p Nor-for-Profit Corporation Law or any other statute of the State of.New York.. ;d) pp.-oval and consents required by lase. No approvals and consents are required by law. Prior to delivery to the department of state for filing all approvals and consents required by law will be endorsed upon or annexed to this certificate. No approvals and consents are required by law. IN WITNESS WHEREOF, the undersigned incorporator, or each of theta if 'there are more than one, w being at least nineteen years of age, afiirm(s) that the statements made herein are true under the penalties of perjury. Dated November 19, 1975 Joseph J....Donavan ...:.................................. •• 5... .� slw+�t Type"M 91 twwp my 'stead TuinPUCOO Elmont, NY 11003 620 Heatp I....... .....I.............. .................................................................................. A"M3 ........................ ....................._..................... ._...._.__� ._.. •••••� ...................... •••••••••••••• •• ........ TYD#NiA��f In�aroratN .......................... Addrof........................................................................ ................................ ....................._................................ .. —._.._ Type n�M of intorptnbr ............... ................A........adnss ........ ................. TABLE OF CONTENTS Page Introduction 2 Projected schedule of receipts and expenses for the first year of operation Letter of Adequacy EB Opinion of counsel 6C Description of .-common areas and 'faci.lities to be owned by the Association ; 7 Resolution of the Planning Board of the . Town of Southold 11 Declaration of covenants and restrictions 12 The Association - 14 Obligations of Sponsor 17 Identity of Parties 18 Documents to be received by Members 19. Documents on file 20 General 21 EXHIBITS --Exhibit I. Site Plan Exhibit II. Town of Southold Zoning Ordinance Exhibit III.Declaration,as amended Exhibit IV. Certificate of Incorporation of Pebble Beach Lot Owners Association, Inc. Exhibit -V. By-Laws of the Association Exhibit VI. Proposed Contract of Sale . Exhibit VII.Proposed Deed IDITRODUCTION The Sponsor, Pebble peach Realty, Inc. , has subdivided a parcel of lane? .located at East 1,1arion, in the Town of Southold, Suffolk County, New York, known as Pebble Reach 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 into 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 description 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. Cluster zoning general- ly ,permits residential building lots of smaller size.. than would normally be required in an area 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 and described at p. 12) . The declaration and the. first amendment thereto have been filed is the Office of the County Clerk of Suffolk County. The second amend- went 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. Each lot owner will be. a member of the lot ,owners association and as such, and pursuant to the declaration, will have the right to use these areas in common with other lot owners . The lot owner will be obligated to pay his proportionate share of. the cost of maintaining and operating the open areas . They will consist of roads, tennis courts, 1 beach, a beach parking area and others. The Certificate of Incorporation of the lot owners association, to be known as "Pebble Beach Farms Lot Owners Association, Inc. ", is attached as Exhibit IV hereto. The BY-Laws .-of the association, attached as Exhibit V, will permit members to vote annually for a board of directors who will conduct the affairs of the association. The association will collect a proaor- tionate payment of the cost of maintaining the open areas from each lot owner within the subdivision. The estimated mainterance. 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 will control the lot owners association for a period of two years, unless prior thereto it has disposed of a majority of the lots. However, the lot owner will be required to pay his proportionate share of the maintenance cost from the date he takes title to his lot. The Sponsor intends to sell lots in an un- improved state, that is, the Sponsor does not intend to, -3- build houses on the lots. The Declaration contains cer- tain restrictions as to the type of structures that can be built on the lots. This Offering Plan relates only to the corrumon 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„ annexed as Exhibit VI and Exhibit VII is the proposed aesa to a lot within the .subdivision. . All documents referred to in the Offering Plan are important. It is suggested that you consult with your own attorney or financial advisor before sign- ing any contracts and -also provide him with a copy of the Offering Plan. All purchasers of lots in the sub- division should be aware that if they resell their lots, those who purchase from them will also automatically be- come members of the association, assuring all rights and obligations. -4- PROJr.CTED SCHEDULE OF RECEIPTS AND EXPENSES FOR T!t_ -FIRST_YEAR Or OPERATIOiV (SEC NOTE 1) RECEIPTS : Annuzal maintenance charges of $47.77 par lot r.ultiplied by 143 lots (Note 2) $6832 OPERATIK'G EXPENSES : - Road maintenance and snow removal $1,000 Tennis court maintenance 100 Lot owners beach cleaning 400 Insurance (Note 3) 592 Fire hvdrant rental (Note 4) 575 Clerical and accounting (Note 5) 1,000 Real estate taxes (Note 6) 2,540 Other taxes (Note 7) 125 Contingency (Note 8) 500 $6 ,832 The above projection assumes sale of all the lots. Note 1: The first year of anticipated operation will corv.ence June 1, 1976. The estimate of receipts assumes the sale of 'all the lots. The Sponsor will pay the proportionate share per lot for each lot, owned .by it. Note 2•: The- Sponsor has in the Fast leased area A on the sine plan, Exhibit I to "a farmer 'on an informal bases and received $800 from the farmer for use by him of the land for a growing. season. There is no assurance that this land can continue to be rented for this purpose but if it were, this would provide some income to the association and the annual charges to each lot owner would be reduced by an amount equal to the rental. income divided by the number of lots.' -5- Note 3 : The Sponsor will obtain on behalf of the lot owners association liability insurance insuring the association in the limits of $500,000 per occurrence•. I.t is anticipated that the. annual premium for such policy will be $.592. Note 4 : Nine fire hydrants located on the subdivision are leased from .the Greenport Water District at an annual rental of $65 each. Note 5: These- services will include an annual audit by a firm of certified public accountants of- the books and records of the association and the completion of reports which may be required by Internal Revenue Service or other agencies. Also included is expense of hiring a part time person• from time 'to time to send out annual ' billings' and for postage. • Note 6 : Taxes on the open areas are 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. Note 7: Other taxes assume the payment annually of a minimum franchise tax to the State of Nett York. Note 8: 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 o.%mers _might not elect to have a larger reserve established. -6- DESCRIPTION OF CO:IiL 1, AREAS ARID FACILITIES TO BE O'TNED BY 'THE ASSOCIATION, _ General Pebble Beach Farms is located at East Marion, in an area dotted with farms and private 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. tIo special member- ship provisions are offered to owners of lots at Pebble Beach Farms. The property to the east of the subdivision . is used principally for farming. Peconic Bay is within a half mile south of the property. This bay and Long Island 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 to medical services. Eastgx*A 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 swal'es 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 Southold Highway Department. Public water service is supplied by the Village of Greenport Water District. • Their •rater 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" and 8" trans- ite mains with individual 1" service line to each lot. The installation of this system was accomplished under the direction and supervision of the Water District. Electric and telephone lines are installed in the roadbed of the streets. Telephone service by New York Telephone. Company. Electric service is provided by a direct burial system designed and installed by the Long Island Lighting Company consisting of primary .and secondary components designed to supply 200 amperes service to each lot. The on site system is fed from pole mounted trans- formers located at the front of .-the property on Route 25 . Electric service has been instilled to• the front of each lot. Sewerage disposal on each lot has been- approved by the Suffolk County Health Department after inspection of required test holes. Each lot ormer must provide a septic tank and leeching pool system and have them in- spected and approved by the Health Department. -8- The commmon facilities are shown on the site plan annexed hereto as Exhibit I Except'as indicated below, 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 gntrance to the subdivision is curbed and paved with beach pebbles over plastic sheeting to prevent weed growth. The following is a description of .,the common areas keyed to the identifying letter reference oft the site plan: Open Space A is an area of approximately 20 acres of open land used for storm water drainage and which might be used for agricultural purposes. Open Space B, which consists of approximately 5 acres, is similarly used for storm water drainage and could be used for agricultural purposes. Open Space C is similarly vacant land used for storm water drainage and consists of approximately 32-1/2 acres. As indicated above, open spaces A, B and C will be left in their natural state by. the Sponsor. Open Space D is presently vacant land on which an easement has been granted to the Greenport Water District to install and maintain two water wells with•• necessary pump house structures.' The architectural design of the pump houses is subject to approval by the Sponsor or the association. The Sponsor, at its sole expense and within one year. from the date of this Offering, will construct on this -9- open area 3 all weather tennis courts.The tennis courts will be graded and have an asphalt surface. They will be fenced with a chain link fence. Open Space 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 and railroad tie steps have been installed from the upper grassed area to the beach. Open Space F is vacant land which will be used for beach parking. It consists of slightly less than one acre with a paved surface accommodating 50 cars. Open Space .G is vacant land consisting of approximately half an acre. The Sponsor has no intention of dedicating the road system. With respect to the common areas 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 common areas and facilities. The property is offered in its current condition. Neither the Sponsor nor. the Association will have any obli- gation to make repairs or improvements except as set forth in this Plan. -10- RESOLUTION OF THE PLANNING BOARD OF THE TO-'JW OF SOUTHOLD DATED FEBRUAR'� 24 , 1975 RESOLVED, that the Southold Town Planning Board approve the final map of the subdivision known as "Pebble Beach Farms" subject to acceptance• by 'the Town Board 'of- the bond, receipt of the inspection fee, approval by the Suffolk County Planning Commission, catch and leaching basins.and piping as agreed to at meeting with the Superintendent of Highways, Town Engineer, Lawrence M. Tuthill, and Mr.. Joseph Donovan at meeting held February 19, 1975. -11- DECLARATION OF COVETANTS AND RESTRICTIONS 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 on p.7 to 10 h.ereof. 2.. That the Sponsor will form a Not-for-Profit . Corporation known as Pebble Beach Farms Lot Owners Association, Inc. (the "Association") in which every owner of a lot will become a member immediately upon purchase of his lot within the subdivision. 3. That on or before January 1, 1976 the Sponsor will deed to the Association all' of the common areas herein i described. 4. That immediately upon becoming a member of the Association, i.e. , immediately upon acquisition of the lot by the individual owner, the ,said individual 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 be deprived of the facilities in the event of the non-payment, of the assess- ment. Defaults in payment of assessments may be recovered in any suit or proceeding brought to collect the assess- ment . 6 . No dwelling shall be erected having less than .1000 square feet of ,interior living area. 1. No mobile or modular homes shall' be installed on any lot. 8 . No commercial or recreation vehicles or trailers shall be kept ungaraged on any lot. 9. No more. than two pets shall be kept by any lot owner on his premises. 10. No fences natural or man made shall be erected or maintained in excess of 4 ' high except as required by zoning ordinances. 11. Owners of water front lots shall ,not con- struct any part of the dwelling northerly 'of the 100 ' bluff set back U.ne 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 urithin the subdivision, will be required to join the Association. The Certificate of, Incorporation is more - fully set forth in Exhibit IV annexed hereto. The By,-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 oft, which will be fixed from time to tune but shall not be less than three (3) . The Board of Directors 'shall be elected annually at an annual meeting in accordance with the By-Laws. Each member will be entitled to one (1) vote per- lot. How- ever, in no event will the Sponsor after two (2) years next following the closing of title to the first lot in said subdivision be -entitled to elect more than a minority . in number of the Board of Directors. Thus, if the Board of Directors constitutes three (3) or four (4) members, -14- th'e Sponsor after said tc•:o (2) year period shall be 'en- titled to elect only one (1) Director. " If the Board of D.irectors shall be five (5) or six (6) in number, the Sponsor' shall be entitled to elect not more than t,•;o (2) Directors .- In the event, however, that this provision should conflict with the provisions of Section 611 Sub- division (E) of . the Not-for-Profit Corporation Law, the latter will prevail. The property and business of the Association shall be managed by the Boar41 of Directors in accordance with the provisions of the By-Laws, the Cer- tificate of Incorporation and the Not-for-Profit Corporation Law. 3. Officers; The Officers of the Corporation shall be chosen by the Board of Directors, which officers shall be,. a President, Vice President, Secretary and a Treasurer. The Board may also choose one or more Assistant Secretaries or Assistant Treasurers,- or such other officers as in their judgment may be necessary. All officers must be members of the Association and owners of lots. 4 . The By-Laws will provide that the Board of Directors may levy assessments for maintenance charges against the owners of lots and the failure to pay such assessment shall become a lien on the lot of the member. Defaulting lot owners can 'be deprived of the use of the common areas, but in no event can,. such defaulting owner' be deprived 'of ingress and egress to 'his lot. De- . fault in assessments may be collected in any suit or proceeding against- the lot owner. There is no provision for binding arbitration in the Certificate of Incorpora- tion, the By-Laws or the Declaration of restrictions. -15- S . From a date two (2) years following 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. -16- 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 a, lot wil.l .be- come liable for his share of the maintenance charges on open spaces allocable thereto. Except as indicated above, the Sponsor is not obligated to make any improvements in the open areas. So long .as the Sponsor controls the Lot Owners Association, it will' manage the Lot Owners Assobiation " without making any charge for such management services. Thereafter, if .the Association engages the services of a manager, it will incur additional expense. This expense is not reflected in the expenses estimated above. Nor is it anticipated in setting the amount of .the contingency reserve. -17- IDENTITY OF 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 Association has been in existence for 80 years. The Association's sole in- terest in. Pebble Beach Realty, Ind. , 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 estate business for the past 29 years. For 17 of those years he was the principal operating officer of a construction company. He has since that time been actively engaged in real estate appraisal and has performed this function for . a variety of county and municipal agencies. Pebble Beach Realty, Inc. , is the selling agent as well as the Sponsor of Pebble Beach Farms. -18- DOCUMENTS TO BE RECEIVED PERIODICALLY BY ASSOCIATION MEMBERS All members of the Association will be entitled to receive, annually, from the Association at the ex- pense of the Association, copies of'-the following: A. An annual audited financial statement prepared by an independent certified public accountant to be received by, June 30th annually. 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 docL?vents referred to herein shall be available for inspection by prospective purchasers and by any person who shall have purchased securities offered by -this Plan or shall have participated in the offering of such securities, at the office of the Agent, Pebble Beach Realty, Inc. , 620 Hempstead Turnpike, Elmont, New York 11003, and shall remain available for such inspection for 'a' period of six years. -20- GE:7ERAL 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 now pending, or any judgments outstanding, either against the Sponor or the Association or any -person or persons which might become alien against the Property Or which material- ly affect this offering.. The Sponsor has consented to the entry of an Order 'in an action entitled People of the State of New York v. Pebble Beach Realty, Inc. , pursuant to Article 23 (a) of the General Business Law of the State of New York concerning the sale of approximately 13 memberships in the Lot Owners Association without first having filed its Offering Plan with the Department of Law of the State of New York. In said pro- ceeding, Sponsor denied any violation of the law. . This Plan 'is offered only to persons over 21 "years of age residing in the State of New York. In accordance with the provisions of the laws of the State of ,New York, the Sponsor represents that the Sponsor, the Association and the Agent will not discriminate against any person because of race, creed, color, national origin or ancestry �n the sale of lots at Pebble Beach' Farais in the offering of memberships in the Association. . As of the date of first presentation of the Offering Plan, neither the Sponsor nor the Selling Agent, nor any representative, or agent thereof, has raised funds or made any preliminary offering or binding agree- ment .to or with prospective lot owners at Pebble- Beach. -21 Farms, except as indicated above. No person has been authorized to make any rep- resentation which is not expressly contained herein. This .. .. Plan may not be changed or modified orally. Dated: December 16, 1975. PEBBLE BEACH REALTY, INC. By/s/ Jose' h J. Donovan Joseptx J. Donovan, Preaident -22- ' 1'hePlar.r ^:Board May 3^provrci_;;a- fa'mily °lupe nts for utte- deter^ ;lwelii•'.oS in in an A ltbsizential and District accordi,;3 to the Pracedu:e and n Agriculturalr glrrernents specified 'A'10w,Z'l+e pur pone of such development is to provide flexibility in the desiKn and development of land in such a way as to promote the moil:appropriate use of land to facilitate the adequate and eta:aonlical provision of streets and utilities, and to preserve the natural and scenic qualities of open space. A. The maximum number of single-family lots that n,;,•v be approved in a cluster development shall be computed by subtracting from the total gross area a fixed percentage of twenty .percent (20%) of said area and dividing the remaining eighty percent (60%) of the area by forty thousand (40,000) square feet. - (1) In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development shall not be considered part of the Local gross area. 12) In a cluster development,lot area, width,depth. front yard,rear yard and side yards shall not be reduced by more than fifty percent (50%) of the minimum requirements set forth in the "Bulk and Parking . Schedule." B. The area of n cluster development 'shall be in single ownership or under unified control, C. Prior to the issuance of a building permit in a cluster development. a site plan,shall be submitted .to and ap- proved by thi Planning Board in accordance with Article XIII of this chapter and the following conditions: (1) Said site plan shall include areas within which- structures may be located, the height and spacing of buildings, open spaces and their landscaping, off- street open and enclosed (if any) parking spaces, and streets, driveways and any other physical features relevant to the proposed plan. (2) Said site plan shall include a statement setting forth the nature of all proposed modifications of existing - zoning provisions. D. Nothing contained in this chapter shall relieve the owner or his agent or the developer of a proposed cluster development from receiving final plat approval in ac- cordance with the. town subdivision regulations.71 In approving the final plat for a cluster development. the Planning Board may modify the acreage requirement for recreation areas as set forth in the town's rules governing subdivision review, provided that the common land dedicated meets all other requirements of the town sub- division regulations. E. A•clustes development shall be organized as one 11)of the following; a Homes Association approved by the Federal Housing Administration for mortgage insurance as a Planned Unit Developmetit,and the Town Board; a Homes Association approved by the Town Attorney and Town" Board; or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a Homes Association is proposed, the Town,Board shall retain the.right to review and approve the Articles.of Incorporation and Charter of said Homes Association, and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter are carried out. In consideration of said approval, the Town .Board ,,shall, in part, require' the cluster development to meet the following conditions: 11) The Homes Association shall be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner, and any ancceeding owner, is automatically a member, and each.lot is'automatically subject to a i charge for a proportionate share of the expenses for the organization's activities. (2) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall be given that it automatically will be $o placed within a reasonable period of time. SOUTHOLD COD& § 100.136 ZONING § 100.136 13) Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the cominon Property. - 14) Once established, all responsibility for,operation and maintenance of the common land and facilities shall lie with the Homes Association. 15) Dedication of all common areas shall be recorded, directly on the final plat, or by reference on that plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall: (a) Save the title to the common property to the Homes Association free of any cloud of implied public dedication. (b) Commit the developer to convey the areas to the Homes Association at an approved time. (c) Grant easement of enjoyment over the area to the lot owners. (d) Give to the Homes Association the right to borrow for improvements upon the security of the common areas. (e) Give to it the right to suspend membership rights for nonpayment of assessments or infraction of published =103. F. Covenants shall be established, limiting all lots to one. family use and all common lands to open 'space uses. No structures may be erected on such common lands except as 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 for liens for nonpayment of such. H. The Homes Association shall be perpetual: it shall pur- chase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee, give provision for assessments 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 accurdance with all necessary legs) 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. I. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold. at which time the Homes Association shall be automatically established. J. Prior to site plan approval the developer shall file with the Town Board a performance bond to ensure the proper installation of all required improvements, and a' main- tenance .bond to ensure the proper maintenance of all common lands until the Homes Association is established. The amount and term of said bonds shall be determined by the Planning Board, and the form, sufficiency. manner of execution and surety shall be approved by the Town Board. INDE`: TO DECLAR`+TION OF COVE�1MVITS AND 'RESTRICTIONS (EXF"IBIT III) AS AMENDED. PreaTbles P�Definitions (Art.I, 51 to 5) _ 1 and 2 Restrictions on Construction (Art.II 2, 3 and 4 and . as amended) Amendment 1 Open Spaces (Art. III, Sl to 8 4 and 5 The Association (Art.III §9 to 12 6 and 7-and as amended) Amendment 2 Covenants running with land (Art.III, S13) 7 Streets (Art.IV Sl to 5) 7 and 8 EXHIBIT III DE C LA RA.T I0N x_%DE 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; 14HEREAS, the Declarant is the owner in fez simple of a certain parcel of land situate at East Marion, Town of Southold, County of Suffolk and State of New York, being the premises described in deed dated. October 31, 1972 made by Arthur L. R.. Francisco and Helen T. Francisco to Pebble Beach Realty, Inc. recorded in the .Suffolk County Clerk's Office on Novarrber 10, 1972 in' Liber 7279 -at page 489, a •metes and bounds description of which is shown on Schedule A as attached hereto and made a part hereof, and referred to Herein as the "premises". WHEREAS, �the Declarant intends to subdivide said premises for residential purposes and desires to subject s'aid premises to certain conditions,, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof .is hereby held and shall be conveyed subject to the conditions,. covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision. Map" or "Map" when used herein is intended to mean the subdivision map, of the premises en�itled "Map 'of Pebble Beach Farms, East 2•:arion, Tourn of Southold, Suffolk County, New York" heretofore approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk' s Office. EXHIBIT III 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 sho•.+m 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 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 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 commercial ve};icles., recreational. vehicles, trailers, or campers shall be kept ungaraged on. any lot. Any boat. ' stored on the premises is to be stored along the rear line of . , ... 'the plot, if not garaged. 4. No more than two pets shall •be maintained on the premises by.'any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof.. 2- 6 . !;o 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 swimming pool or similiar facility. However, no .fences whatsoever shall be erected -or grown in that area of each plot which is forward of a line established by extending the rear line of each house to each 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 convey the said title to the' „ Town of Southold or to a lot owners' association, which associa- tion is as hereinafter provided. However, the land-in the bed of the streets shown on said map 'shall be subject to easement's 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. B. • 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 maintain a "tor sale", "for rent", or "pro- fessional office" sign on his lot not larger than 12" x 241- 9. No sand, earth or sod shall be removed from a lot, or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. After -3_ construction, lawn and landscaping shall 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 thedwelling northerly of the approximate 100 foot bluff set back line shown on, the filed map, unless approved by the Town of Southold. 11: The individual lot owner shall be- responsible for, and repair or cause to be repaired, any damage to the paved and 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 veg.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,.. .ers 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 successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. S. It :is the intention of this .Article III to restrict ,the open .spaces A to G, inclusive, for the use, benefit and enjoyment of lot owners, and therefor the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintain the same at it' s expense, for such° purposes. Declarant further covenants .and agrees .that it will not ttahsfer 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 within sixty (60) days tha eaiter convey to such association a11, 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 shaven on said subdivision map and any and all areas shaw-n on said subdivision map for future highway dedication. " 10 . Upon the creation of the association as hereinbefore . . provided, every o-.,mer of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 11. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof wh�.ch said by-laws and any amendments thereto shall be approved by the Town Board of the Town of"Southold. 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) ' That every 'lot owner shall be subject to a propor- tionate share of the expenses of the association itLcluding 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' necessiry 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 such unpaid charges shall be a lien on the lot of such cwner and that the association shall have the right to collect the same and to enforce ,the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessiments and other charges imposed by any governmental agency as and when the same are due and payable. (g) mat 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 ib 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 Teat 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 an the lots of the subdivision. 2. t:o - title to land in any street opened or sho•.rn on th e 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 end all such streets, and further reserves the. right to convey to ary ;aunicipal 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 tirle deem' it expedient ,to do so.' 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the Southold Town Planning Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within the subdivision and that it is imperative that the., unpaved portion of said streets be used and maintained in such manner , . as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense .make such repairs thereto as may be directed by said Board. No lot owner shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. 4. Declarant covenants and agrees that when the, streets and drainage facilities have been constructed in accordance with the requirements of the Town of Southold and an association' has been established as provided in Article III hereof, that Declarant will convey to such association all of 'Declarant' s right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5. The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe and proper condition., - 1E.!1d, situate°, l in3 l. t h ,'1 a _ = and b a,s _ :=;ic^ , :o,-n of Southold, county of Suffol:;. an State o-J_ yo bounded 'a::d described as follows - _ ntr_r�ra*r�•�.-:�_�-.-..a__.001 '� an the northerly side u_� main Statc, Z ad Q III Wl Ljvr,SS lerrLER.EOF, this agreement has been executed 'i � the day and year first above written6 �� -,-► PEBBLE BEACH REALTY, INC. , by: . � �:• Joseph J. n, President STATE ,OF NEW YORK,, COUNTY OF SUFFOLK : ss On the 14th day of May, 1975, before me personally came JOSEPH J. DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malverne, New York 11565; that he is the President of Pebble Beach Realty, t Inc. the corporation described in and which executed the foregoing instrument; that he. knows the seal of said corporation ' that the seal aff3sed to said instrument is such corporate sealf i that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like ' order. LEFFERTS PAINE EOSON. NOTARY PUBLIC.Stalj of'HAW Y06 Ho.52.10776M•Su110111 County commission Upita March A 1971 A*E17D.HENT. OF DECLARATION This document amends the Declaration made by Pebble Beach Realty, Inc. , dated May 14, 1975 and recorded in the Suffolk County Clerx' s Office on June 11, 1975 in Liber 7855 at pa'7 a 11. paragraph 1 of Article II is hereby amended ' in two respects : A. The second sentence of the said Paragraph 1 provides that, each dwelling shall have a full basement made of concrete block or poured cawmzt walls. This requirement is hereby deleted. B. The third sentence of the said i'ar a.sraph 1 provides that each dwelling shall have an attac! . 1 garage with an asphalt or blugstone driveway extendin-.4 rher.-:: rom to the street pavement line. The requirement that garage sr ► 1 be attached to the dwelling is hereby removed., : .e. , the cord "attached" is hereby deleted' from that . sentence. IN WITNESS WHEREOF, the declarant hereunto sets his hand and seal this Sth day of September, 1975. r PEBBLE BEACH REALTY, INC'. ,' by: Joseph J. Donovan, President STATE OF NEW YORK, COUyTY OF SUFFt)LK: ss On the 8th day of September, 1975, before me personally came JOSEPH J. DON(.'vA. , to me known, who, beLria ' r*e duly sworn, did depose and say that he resides at ' L ifvrr• -treet, Malverne, New York 11565; that he is the President 0 .-Ihle Beach Realty, Inc.. the corporation described in and whi,: %•x,•cuted the fore- going instrument; that he knows the seal oi. ,1 , 1 corporation; that the seal affixed to said instrument Ir S�+ :� corporate.' seal ; that it was so affixed by order of th, t)oa '.I of directors of said corporation, and ' that he signed his namo� t: t o, b; like order. Lrr►CRTS PAIhC CD�DrJ _ hDPky PUBI IC. Sul•of V►w YCI hc. S2.101k45 • S.ffulm C,•u,ry ' G+''�'ss•n+ C+9.ra Msn.h 30. 1�" AdENDLIENT 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 A.mandment of Declaration dated , September 8 , 1975 and recorder? in Suffolk County Clerk's Office on-September 1975 in Liber at page ARTICLE III, Section 9 is hereby amended to read as follows : "The declarant covenants and agrees that on •• or before the 1st day of January, 1976, it will at its 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 will, convey to such association all of the right, title and interest of the declarant in and to "said open spaczs . A to G, inclusive, with any and all private streets shocm on said subdivision map and any and all areas shown on said. subdivision map for future highway dedication. ARTICLE III, Section 12 (a) . That the Associa- tion shall have two classes of membership interests as fol- lows: Class A. Class A Members shall be the Owners of a lot or lots. Such Members shall be entitled to• voting rights on the basis of one (1) vote per lot• owned regardless of the number of persons owning the lot. • Class B.• The sole Class B Member shall be the Sponsor who shall have one (1) vote for each lot owned by the Sponsor herein within the Subdivision. The Class B ARTICLE III , Section 13 is a-mended to add thereto the following : btember 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 three 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. " 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 Association 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 amerded . to add thereto the following sentences : "Every member of the,Association referred to below shall have the right and easement of enjoyment to the' open spaces and all private streets shown on the subdivision map and any- and all, areas shown on said subdivision map for future highway 'dedication,including such easement, sul - 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 Association. ARTICLE III, Section 13 is amended to add thereto the following: "Unless specifically prohibited herein, this declaration maybe amended by an instrument signed by members of the Lot Owners • Association referred to above holding lot less than 90% of thd .votes of the membership: Any amendment must be properly recorded to 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, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those. to which. they were required to be devoted by the Association. No such disposition of the Association properties shall be effective to divest or diminish any, right or title -to any Member vested in him under the licenses, coven- ants and easements of this Declaration, or under any subse- quently recorded covenants and deeds applicable to the Pro- perties, unless made in accordance with the provisions of this Declaration or said Covenants and Deeds. IN WITNESS WHEREOF, the declarant hereunto sets its hand and seal this day of December, 1975 . PEBBLE BEACH REALTY, INC. By Joseph J. Donovan, Presi ent -3- . STATE OF NEW YORK, COUNTY OF SUFFOLK) ss. : On the day of December, 1975 , .before me personally came JOSEPH J. DONO'4NN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, • NIalverne, New York 11565; that he is the President of Pebble Beach Realty, Inc. , _ the corporation described in and which executed the- foregoing instrument; that he knows the seal of said corporation'; that the seal affixed to- said instrument is said corporate- 'seal; that it was so affixed by order of the board of directors of said corporation., and that he signed his name thereby by like order. 4 BY-LAWS of ?PEBBLE 5 P.CII FRRMS LOT OWNERS ASSOCIATION, IAIC. A New York Not-for-Profit Corporation ARTICLE I . NAVE, LOCATION AND PRINCIPAL OFFICE. The Corporation shall be known as Pebble Beach Farms Lot Owners 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 otheznvise prohibits, have the meanings set forth below: (a) "ASSOCIATION" .shall mean and refer to PEBBLE BEACH FARI",S LOT OWNERS ASSOCIATIONI, 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) "DECLARATION" shall mean and refer to , the Declaration applicable to The Properties recorded in the •Office df. the Clerk of Suffolk County, New York,. on June 11, 1975, in Liber 7855 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) "COMMON 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"I "D" "F"4p "F" and "G" .on the sub- division map entitled ".lap of Pebble Beach Farms,; Fast Marlon, Town of. Southold, Suffolk Countv, Clew York" ,. and the private roads and 'streets shown thereon , said map having been filed. in the Suffolk County Clerk's Office on June 11, 1975 as Map No. 6266 . EXHIBIT V (f) 11!40-1BER" sha'11 mean and refer to each ' . holder of either of the two classes oC :i=embers►iii..) In- . terests in the Association, as Such interests are set forth in Article Vi . (g) "LOT" s:?a11 mean and refer to lots sh.oan as senarately numbered parcels of land on the St:bdivision ' '•fan o: Pebble Beach Farms. (h) "OWNER" shall mean and refer to the owner of fee simple title. to any lot in the Properties. Where such ownership is joint, in connon, or tenancy by. the entirety, majority vote of such owners shall be necessary to cast any vote to .-ihich the Owners are entitled. ARTICLE III , PURPOSE This Association is former.. to.. o4.,n, operate, manage and control the Common Properties as a Homeowners ' Association for the benefit of its Members as herein de- fined. ARTICLE IV. APPLICABILITY ' All present and Mlembers , Lessees, Tenants' their families, guess, licensees, ,agents, employees and any other person or persons that shall be permitted to use the Common Area's shall be subject to these By-Lajas and . . to the Rules and Regulations issued by the Association ,to govern the conduct of its !iietmbers . 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 Member. Any Member, 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 Member, lessee or occupant to ,such persons . -2- the transaction of business, exceb t as otherwise provided by Statute, by. the Declaration, the Certificate of Incor notation of the, Association or by these By-Laa°s . If, how- ever.,_such .quoru.► shell._nQE be D.r_eaent.._.o.r_. .r.e.o.r.es.e2i-e� .. __ ARTICLE VI . PlEMBERSHIP AND VOTING RIGHTS Section 1.' '•--;enbership. The Association shall have two . (2) Classes of :(emi�ers•hip interests a,s folloT•rs : Class A. Class A btembers shall be the Owners of a lot or. lots . Such. Members shall be entitled to voting rights on -the basis of .one (1) vote per lot owned regardless of the number of persons owning the lot. Class B. The sole Class B Hernber 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.) year's following the closing of title to the salve 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 snore than 2 Directors., Section 2. Suspension of ?Membership. The rights of membership are su'bject . to the payment of periodic assess- ments levied by the Board of Directors, the obligation of which 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 Properties may be suspended by the Board of Directors until such assessment has been paid. Such rights of a Class A Member 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 A9D 11AIVERS Section 1. Quorum. So many Members as ..s.hall 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, excent as otherwise prov.idea by Statute , by the Declaration, the Certificate of Incor- poration of the Association or by these By-Laos . If, how- ever, such 'quorum shall not be present or represented at any ".1eeting of the Association, the Members entitles: to vote thereat, present in person or Irepresented by written proxy, shall have the power to adjourn the meeting fro: ­time. to time , without notice other than announcement at the meeting, until a quorum shall be � present or represented '. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which night have been transacted at the meeting originally called. Section 2. Vote Required to Transact Business. When a' quorum is present at any meeting, the vote of a majority of the votes entitled to be cant 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 . Right 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. All proxies shall be in writing and shall ,56. f��e�with the Secretary prior to the meeting at which the same are to be used. Section 5. Waiver* and Consent. Wherever the vote of the liembe.rship. at a meeting is required or permitted by statute or. by°any provision of the' Declaration, •Ge.rtifie.ate of Incorporation or of these By-Laws to be -taken 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 place as may be designated by the Board of. Direc- tors and designated in .the notices. of such meetings. -4- Section 7 . Annual I••'ieetings . The annual meeting of the riemb rshz of the SA scciation shall be held on such date as is fixed by the Board of Directors . At such meet- in7s _here shall be elected 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 S . Special t.-ieetings : It shall be the duty of the. President to ,-,all .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 .Mlembers . Section 9. Notice of beetings. It shall be the duty of t. e- 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. . Section 10 : Order of .Business. The order of business at all meetings shall be as follows : (a) Roll Call. (b) Proof of notice of meeting or waiver of notice.. (.c) Reading of minutes of preceding meeting. (d) Report of officers. (e) Report of. committees. (f) Appointment of inspectors of election (in the event there is an election) . (g) Election of Directors (in the event •there is an election) . (h) Unfinished business . (i) New business. ARTICLE• VIII. BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall"Ve 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 or the Association. 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 qualifier.. All Directors other than those the Sponsor shall have nominated must be Members of the Association. Pach Director shall be at .east nine- teen (19) years of age . Section 2 . Voting. . In any election of Directors,: each Member s a 1 he entitled 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 ?Members shall not be entitled to elect ` more than a majority to the Board of Directors as set forth in Article VI Section l hereof. Section 3. . Vacancy and Replacement., If the office of any Director becomes vacant by reason'of death, resignation, retirement, disaualif.ication, removal from . . office or otherwise, a majority .of the remaining 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 affirmati—'ve vote of a majority of the blembers. 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 S. 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, directed or required! to be exercised or done by the •lembers 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: -6- I . To determine and levy annual, assessments ("Association assessments") to cover, the cost of operating and naintainincr .the Common Properties savable in advance . The Rcard -of Directors ma'y increase the monthly assessments, or vote a special ..assessment in excess of that amount, if require?, to meet any additional ordinary and. necessary expenses . 2. To collect, use and expend the assess- ments collected to maintain, 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 insure and keep insured the Common Properties in accordance with Article XII of these By-Laws . 5. To collect -delincuent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages fron'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 .'Members . Such 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- meet, to enter into contracts, to provide main- tenarice and other service to' said property and. generally to' have the powers of -Directors in connection with the matters hereinarove 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 1-embers . (b) The Board of Directors may, by Resolution or Resolutions , ,passes', by a majority of the whole . Board, designate one or, more committees, each of such co=..ittees to consist of at least three (3) Directors or ►Members , 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 ok Directors in the manage- ment ,of the business and affairs of the i sociatibft and may have power, to sign all papers which may be required, provided the said Resolution or Resolutions shall speci- fically so provide. Such committee or coma"nittees 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 of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6 . Compensation: Directors and officers, .as such, shal receive no compensation for their, . services. Section 7. Meetings . (a) The first meeting of each. Board' newly elected by the Members shall be held immediately upon adjournment .of the meeting at which they were elected, provided a quorum shall then be present, or as 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 times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held' without- special Notice. (c) ' Special meeting's of the Board may be called by the President on' two (2) days-' notice to each Director either personally or by mail or telegram. , , Special meetings shall be palled 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 r:1ajority of the Directors shall be necessary and sufficient to constitute a..quorum for the transaction of business , and an act o` . a two-thirds Majority of the Directors present at any meeting at which there i5 a auorum shall be the act of the Board of Di rectors; except as may be otherwise specifically provieed by statute or by the Declaration or by these Ay-Laws . If a auorun shall not be' present at any meeting of Directors, the Directors present thereat may adjourn the meeting frog^ time to time, without. notice other than announcenent at the meeting until a quorum shall be present. le) At or prior. to any meeting of the Board _. of Directors, any Director r.+ay, ' in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the 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 of the 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 furnish to all t•4embers and shall uresent annually (at the annual meeting) and when called for by a vote of the aenbers at any special 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 Bonds . 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 Associations be ch osen 5y tFe 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 r:.ust be. either members of the Board of Directt-ors or remb::rs of the �tissociation. IJto person shall hold Dore than one office at an,,, one .time. Section 2 . Election. The Board of Directors , at its first meeting after each annual r..aat.ing of. Associa- tion Nerz-,b_rs , shall elect a President , a Vice President., a sacratar% ane. a Treasurer. Only the Presie-.ent m ist he a member of the Board. Section 3 . Appointive Office_ . The Board may aDDoint such of er officers am agents-as it shall deem necessary rho shall hold their offices For such terns and shall exercise such powers and nerform. such duties a.s shall be determined from time to time by the Board. Section 4 . Term. The officers shall hold office for the term to which they 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 Board of Direc- tors. If the office of any officer becomes vacant for any reason, the vacancy. sha.11 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 I4embers and the . Board of Directors, shall be.' an ex-officip member of all standing committees, shall have .general and active manige- m ent of the. business of the Association, shall see that .all orders and Resolutions of the Board are carried into effect and shall have such other powers and duties. as. are usually vested in the Office of president of a corporation organized under the Not-for-Profit Corporation Law of the State of New. York. Section 6 . The Vice President The Vice President'"' shall take the place of - the- President and perform- his duties whenever .the President shall be absent or unable to act and shall have such other .powers and duties as are usually vested• in the office of Vice President of a corporation organized under the Not-for-Profit Corporation 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 Members -and record all votes -10- and the minutes of all proceedings in a book to be kcat for that purpose an(l shall perform like duties for the standing co^mittees vihen recruired. he shall give, or cause to be given, notice of all meetings of Association ?]embers and special meetingsof the Poard of Directors, and shall perforn suth- other duties as may be prescribed by the Board of Directors or by the President, under whose supt_visioh he shall be. Section 8 . The Treasurer. The Treasurer shall have the custody oif the Association fund$ 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 President and Directors, at the regular meeting of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, inclining 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. All Agreements and other instruments shall be executed by the President or such other person as may designated by the Board of Directors. Section 10. Checks. All checks or demands for money and notes o the Association shall be signed by the President and Treasurer, or by such other officer or officers or such other person or persons as the Board of Directors may. from time to time designate. -11- ARTICLE X. t:OTICE$. Section 1. Definition. 1,7henever under the pro- visions of the Dec. aratio or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given 'in writing, by mail, by depositing the same in a. post office or letter box in a postpaid sealed- %:rapper, addressed to the Board ,of .Directoors, such Director or Member at such address as appears on the books of the Association. Section 2 . Service of Notice - Waiver,. . When- ever any notice is require to a g v'en under thc� provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such. notice, whether. be.fore or after the time stated therein, shall be 'deemed the equivalent thereof "ARTICLE XI. ASSESSMENITS AND FINANCES Section 1. The .Board of Directors shall have the right to proceed in accordance *viith 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 Covenants, dated June 11, 19751 affecting the lots. ARTICLE XII. SELLING, LEASING AND GIFTS OF, LOTS Section 1. Selling and Leasing Lots . Any , lot, and t e. UFprovements thereon, may be conveved or Leased by a Member, except that no tiie:rber 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 which shall be- conclusive ,. -12- evidence of tlizL payment of amounts assez"sed prior to the date of the statement, but unlisted thereon . A reasonable - charge may be made by the Board for the. issuance of such statcments . The provisions of this section shall not annl:- to the acquisition or sale of a lot by a Nortgagee who shall acquire title to such lot by. foreclosure. or by deed in lieu of foreclosure. Such provisions shall, how-. ever, apply to any' ourchaser from such r?ortgagee. Section 2. Gifts, etc. Any�r Member may convey or transfer is of .by gift uring his lifetime or devise . , his lot by will or pass the sage by intestacy without re- striction. ' ARTICLE XIII . GENERAL PROVISIONS Section 1. Fiscal year. The fiscal year 'of . the Association-smell be fixea, F-y Resolution of the Board. of Directors. 'Section 2. Seal. The Association seal shall have 'inscri e t ereon� '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 causing it or a facsimile thereof to be impressed or affixed or in .any runner reproduced. Section 3. Examination of Books and Records. Each Member, or their respective presentatives, s alb'-be 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 o t e nronoun •is used in these By-,Laws, it. shall be construed to mean the masculine, - feminine or neuter, singular or plural; whenever the context so requires. In the case of any conflict between the Certificate of Incorporation and .these By-Laws, the Cer- tificate shall control; . and in the case' of any conflict be- tween the Declaration and these By-Laws, the Declaration shall control. Section 5 . Severabilk�J_. Should any of the covenants , terms or provisions herein imposed be void or be or become unenforceable at law or in equity, the remain- ing provisions of these By-Laws shall, nevertheless , be and, remain in full force and effect. A?«7 CLE XIV. ;CMEND:-[ENTS These By-Lags may be altered, trended, 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- „C0_;S:::,'a YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS .INSTP,TTM£NT SFOULI BE .;:ED BY LJAI YERj Tr__S tGREEXEN^L , made the day. of nineteen hundred and seve. BE'SiEEN PEBBLE DEACF1 REALTY, It:C. , a corporation organized under and existing by virtue of the business law of the State of New Yorl:, having, its principal office at 620 He ps_ead Turnpi}:e, Elmont, ' New York 111.03, hereinafter described:. as the seller, and hereinafter described as the purchaser, WITNESSETH, that the seller agrees ..to sell and convey, .-and the purchaser agrees to purchase, 'ALL THAT' certain plot, piece or parcel, of land, situate lying and being ,at East Marion, in the Town of Southold, . County of Suffolk and State of New York, known and designated as Lot No. on a certain maE 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 : _ DOLLARS on the signing of this contract, by check subject to collection, the receipt of' which is hereby acknowledged; DOLLARS in cash or good certified checkoto the order of the seller on the delive of .the deed as hereinafter provided; DOLLARS by the purchaser or assigns executing, acknowledging and delivering to the seller a bond o.r; at the option of the seller, a note secured by a purchase money first mortgage on the premises in that amount, payable 2 . Any bond or note and mortgage to be given hereunder shall be drawn on tt 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 at recording fees. 3 . if there be a mortgage on the premises the seller agrees to deliver to i purchaser at the time of the delivery of the deed a proper certificate executed and acknowledged by the' holder .of such mortgage releasing thes4 . premises- from the lien thereof. EXHIBIT VI _3 premises a= so!- cr:c are �p be =or.v=ye:1 subject to . ; . Zonin3 recu'a:,_ons and ordinances of the city, town or village. in ;ti^icr the. premises lie which are not violated by ekisting structures . state- of =acts sho,�n on survey by Van Tttyl & Son dated 10/17%72 and any state of facts a -later accurate survey or personal inspection woula snow %4hich do not prohibit the use of the premises for residen- t?.al ourposes . S . The folloling are to be apportioned : a . Taxes shall be apportioned at the closing on the basis of the lien yea. for which assessed. 6. ,^n'e deed shall be the usual Bargain and Sale with Covenant Against Grantor ' s Acts in proper statutory short -for-m . for record and shall be dul) executed and acknowledged so "as to convey to the purchaser . the fee sir,Ple of. the 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. Since the seller is a. corporation, it will deliver to the purchaser .at, thi 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 c.ertificat, by the Secretary or Assistant Secretary of. the corporation certifying sud resolution and setting forth facts showing that the .'conveyance is in con- formity with the . requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with. said section. 7. The seller shall give and the purchasei. shall accept a title such as .a Member of the New York Board of Title. Underwriters, will approve'. and insure. ' " s. All 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 satisfy the same, • provide the seller shall simultaneously either deliver to the purchaser at the closing of title instruments inn 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 �.iith 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 fa.cilitat the satisfaction of any such liens.. or encumbrances . The existence of any such taxes or other liens 'and encumbrances shall not be deemed objections to title if' the seller shall comply with the foregoing requirements. 10. In the event that the seller is unable to convey 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 not to ex- ceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in. connection , therewith incurred by the purchaser, and upon such refund and payment being made this contract sha] be considered cancelled. inrd.rd N.r.&r, CONSULT YOU*LAWY=R 131"R3 SIGNING THIS INSTRUMiNr—THIS INSTRUMENT SHOULD as U3io ay tA`rh1Y:RS ONl' TH15 INDEi?fMP;made the day of , nineteen hundred and BETYIEmaN parry of the first part, and party of the second part, WifTNFS3LTK that the party of the fast part,is consideration of Ten Dollars and other valuable consideratioa paid by the pasty of the second part,does hereby grant and release unto the party of.the second part, the heirs . or successors and assigns of the party of the second part forever, ALL thYt certain plot, piece or pared of land, with the buildings sad iraprotrenaents dwvoai erected, Situate, lying and being in the COVENANTS AND RESTRICTIONS recorded in the Suffolk County Clerk' s Office on June 11, 1975 in Liber 7855 at page 11., as, amended in Liber 7914 at. page 40, and on in Liber at. page TOGETHER with all right, title and interest, if any, of the party of the fast part in and to any streets and roads abutting the above described premises to.the center lines thereof; TOGETHER with the.appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE MIND TO HOLD the premises herein granted unto the party of the second part,_the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in.compliance with Section 13 of the Lien Law, covenants that the party of -the first part will receive the consideniuon for this conveyance and will hold the right to receive.such consld- cration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using arty part of the total of the same for any other purpose. ' The word "party" shall be construed as it it read "parties' whenever the sense of this indenture so requires. IN`IMESS.WHEREOF, the party of the first.part has duly executed this deed the day and year first above written. Ix PRESENCY ov: n 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 ma4gger, it will incur additional expense. This expense' is not reflected in' the ex- peftses estimated above. Nor is it anti- cipated in setting the amount .of the contingency reserve. - -6� NICMAaL C. C'9R.IEN. M.A.L ,A C . ► S R i E N ! N C • vle[��[��ou+r� C Or.11:lT•1+T TO T►I[AO��O °1 • OUCNTIN J. OROS A04 THOMA's J. HAYE3, M.A.1, REALTCRS , INSURANC.E JOSEP04 A. CAVGI 141CHAEL KUNSTENAAR, S•I.R- CMA,0+AM Or TNC OOAAO 1 1 5 7. F L AT B U 5 H AVENUE VINCCNT J. PANCTTIEAI, c.s.�. MICHAEL C. WOMEN.JR., M.A.1.. S.I.R. BROOKLYN. NEW .YORK 11226 oAN o.SC►��MNELL..c.s.A. �wcaloc�T __ --- WILLI�M G. O'6RIEN 212 856-4500 BORG HALL OFFICE, SLP41044 VICC PwLs. �.� u 155 RaMS__N STRZET R013ERT A. GREGORY, C.P.M..C.S•A. ESTABLISHEO 1909 ,212 856.4500 , VIC:.r Res.AMO O[C'Y December 5, 1975 Pebble Beach Realty, Inc • LETTER OF ADEQUACY 620 i'iempst ead Turnpike Elnont , ri. Y. 11003 Gentlemen: -We have examined for inclusion in the Offering Plan of Pebble Beach Farm Lot Owners Association, Inc. the foregoing schedule of the estimated receipts and expenses of your Corporation for• the first year, gf operation. In our opinion the estimates are reasonable and adequate under existing curcumstances and the estimated receipts shown therein will be sufficient, to meet the normal anticipated operating. expenses for . the first year of operation. However, because of the possibility of unforeseeable changes in our economy or. inerease or decrease in expenses of operation, our estimates are not intended to be taken as rgpresentations, guaranties- or warranties of any kind whatsoever, or as any assurance that the actual expenses or income of your. Corporatior for any period of operating may not vary from the amount shown or that .your Corporation may not incur additional expenses or that your Hoard of Directors may not provide for reserves not reflected in such schedule, or that the annual maintenance charges• for any period may not vary from the amounts shown therein. It may be expected, based on current .trends, that such items as Real Estate Taxes, Maintenance, Repair, Labor and other related expenses will change in the future. Since there- has been no preceding history of operation, our estimates are based on reasonably anticipated expenses as gathered .. from the data supplied 'by the various providers of the services statement. In addition, members of this referred to in the foregoing firm, either as appraisers of or principals in summer and/or .y.ear round resort communities, are familiar with such common—area maintenan( charges. This firm has been engaged in the management of property in the Metropolitan area for more than 60 rofand properties lincluding iar with th.e operation and maintenance of all types residential, commercial. and industrial. very truly yours, Robe A.LGr o ,. C.P.M. , C.S.A. Vice President d Secretary • RAG:Jt , MEMBERS O/LOCAL.STATE ANO'NATIONAL REAL EST^TC. MANAGfrMEN T,,APPRMiAL AND iN>fuRANC[ ORa ANIZAtIO N9 6g �_EFFERTS PAIN = E050N AZTORN[Y AT I-o.•M MAIN ROAD - SOUTMOIO, N.Y.11071 510 .765-2s00 November 19, 1975 Pebble Beach itealty, Inc. 620 :iempscPas Turnpike Elm?nt , ill. Y. 11JJ3 Re: Subdivision of land known as "Pebble Beach -Farms" Dear Sir: Since the sponsor in the above matter is selling vacant. lots with construction to be performed by the purchaser, any tax deductions available to the purchaser. will,be limited to the amount paid by the purchaser to the sponsor in the event that the purchaser does not pay all cash for the vacant lot, but delivers a purchase money mortgage as part payment therefor. The open areas shown on the 'map of Pebble Beach Farms can be used only for agricultural, recreational, and drainage purposes. Each purchaser (Member 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 regulations of the Town of Southold, Suffolk County, New York, Compliance with all subject regulations was a prerequisition to 'the signing of the subdivision map by the .planning board of the Town of Southold oh February .24, 1975, whose endorsement. of approv- al appears on the official filed map. There was compliance with the regulations of the Suffolk County Department of Health, and the approval of that agency is embossed on the official filed map_ There was compliance with the regulations of the Suffolk County Department of Environmental Control, and. that agency's approval is embossed on the official filed map. Application for approval from the New York State Department of Environmental Conservation was made 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 in the Declaration which was recorded in the Suffolk County Clerk's Office on June 11, 1975 were approved by the Southold Town Board, the Town Attorney, and the Southold Town Planning Board as 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 Not-for-Profit corporation entitled, Pebble Beach Farms Lot O',mers Association, .Inc. has been formed for the purpose of holding title to the vacant' areas A-G as shown on the official subdivision map. The recorded Declaration to which the property owners are subject, provides that these open areas .may be. used only for agricultural, recreational, and drainage purposes. Therefore, the only prospective income, to .the corporation from the use of this land will be from possible rental of Area "A", which is suitable for the growing of crops. The. rental income from this parcel will not be sufficient to pay the taxes. imposed upon the seven open areas by the Town of Southold. Therefore, any agricultural income will. be• reportable, but no obligation will be incurred for the payment of an income tax, under ,the provisions of.Federal Revenue Rulings 74-17, 74-99, -75-370 and 75-371. The undersigned, attorney for the developer, understands that .this letter and the statements it contains will be made part of the offering plan. . sincerely, Lefferts P. Edson.,. Attorney for Pebble Beach Realty, Inc. oIOPAED 0,' Tl'-, ),) L-LI) rEt-??fLV,4-IYA `.3 , - 0 W F.1 OF SC U Ti C LD 0 9a4w-A" folk fL /,rf)A 7 Mf t-,A rer\1-!5 L\//-\0 144L\ 3 00 0." ,r l ° , -1 r1 f�KAfro--? VAH IK-A -43 0 0 O 0- O O O 70 nv -5y LVA le-A r 07 , t f 01 . L 0 -f3 O's O ` ° D j O ° • 44 OV% O 0 r TIIAOTFIT -'f M� a� ��'`-'"�� 'u-- � lb WrT H �1 Y �'�p �4T+)�—r--) HT MIAM'AL- vr� !