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HomeMy WebLinkAbout1000-107.-1-2 .' )ist. : lOOO ;ec. : ,0700 lJ ack: clOO ,at: , 2 C170 ,,' ", , ~~"'..,), .,/ :\ , ,.../ .......". / ~."f'C I~ - 6 v/C;.z. i,'j ~, t ( .. ~.~~: D~.~ J~i ,~ ~~J~I~\P Jgr~~ , . ...... ...... ~ '. '.'.' ',' , ; ~ 1'.::H'.". ",'-'-i .A"" 11421r~448 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the 24th day of February, 1992, by JAMES H. COHILL, residing at 131 South Awixa Ave., Bay Shore, New York 11706, Declarant. WHEREAS, Declarant is the owner of certain real property situate in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, as provided by the Declarant, and WHEREAS, for and in consideration of the granting of a subdivision application entitled, "Major Subdivision - Mattituck Creek Estates", by resolution dated October 1, 1991, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the < I ) I I I i i f Declarant and subsequent owners of said parcel, . NOW, THEREFORE, THIS DECLARANT WITNESSETH: THAT Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admits, publishes, covenants and agrees that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land an shall be binding upon all '~' ,'-,;'::-purchasers and holders of said premises, their heirs, executors, . -, " :'"':': "'::regal representatives, distributees, successors, and assigns, to ':_'^.I"O-" -. -.::::::. 'wit: '~ ) '.c-)~ __.,,::, , " .' ( ( 11421PG449 1. There shall be no further subdivision of any lot in perpetuity. 2. The area on the subdivision map designated "Natural Vegetation Retention Buffer" is designated as such to protect the steep sloped areas of the site from unnecessary erosion. This area shall remain in its natural state. Maintenance of this natural vegetation shall be the only use or activity allowed. 3. The use and development of the portion of Lot 1 that is designated "Agricultural Reserve Easement Area" will forever be restricted to some or all of the following: a) farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) open fallow; c) operations encompassing livestock and livestock products (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board; .4- d) landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for -2- " 11 !21r1~450 ( compatible recreational uses, which are found acceptable and reasonably necessary by the Planning board and which arc subject to approval by the Planning Board. 4. The following shall be adhered to on the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation or loss of the aesthetic open space value of said premises: a) It shall be managed in accordance with the conservation plan developed by the soil Conservation Service for this particular property, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or ~poil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. eJ No streets, roadways or other rights of way for non-farming vehicular use shall be constructed or granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. ,. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement or display. iJ Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures -3- L. 421PL451 ( (including, but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. 5. The Declarants reserve the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarants may exclude the general public or any designated person or persons from the use of or entry upon the said Agricultural Reserve Easement, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions hereof, and to assure that such covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 6. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of sueh public hearing, but their consent to such modification shall not be required. 7. In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarants, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. ,. IN WITNESS WHEREOF, the Declarant has hereunto set his hand and seal the day and year above written. ~N.&~ JAMES H. COHILL -4- ( ( ~' ,. "."..- .......,.., .rrlt '.. ~. 11421PD(152 STATE OF NEW YORK COUNTY OF SUFFOLK On this 24th day of February, 1992, before me personally came JAMES H. COHILL, owner of certain real property located on Mill Road and Grand Avenue, Mattituck, New York, the subject property covered by this Declaration; that he did read the above Declaration of Covenants and Restrictions and understands its contents; that he did swear to me that he executed the sarno. A J) )); .<;.Y -" ~A."1 Notary Public c~.rt s: r.n~ N(JI,~r'l Pu:.h:. StOlte of NQVf Jet'"" Nl.l. !J2.t)I..JO~~ZO _, qLliltjf,~'.;J ,11.(~ull,=,H; t;oumy \.ornm;'..:>lon I.Af,llro:s Jan. 31....HlS9: 1'11' ") '" -5- l1C21PClf53 ( Oc..:tobe:r :~t1, 1001 ~~ugSCSc~a Description ..It: lo!.,lt:t.,it.:UC}:, 'l'own ot SCHEDULE A Perimeter :;uutllo I d, 1lJ.1<1ttituck CrC;L;}: Est':'lte:S" ~;ut"(olk County. 11l.:..J Yurl-: /,LL ttl"t certilin plot, piece or pelrccl at L.lIIU, ~nd lmprovemcnts thereon erected, situilte, lying dnd '1'G\1I1 o( ~;ouChold, County 01' Suffolk <lncl Stelte or lid; d '-' ''':C r l b.".:cl LI:"; (0 l 1. 0....':,.; : with the builuings beinr] "t He, cti tud:, YOI-k, LHJlllhk:\1 dIll! IJI;CIIIIIHIC '-'c the inter';ectiOIl ot the W,-,:.;le,'ly :;id0 GI CCuI,cI {,'/elille :'/lel el", :;oUlI",erly siue ot Nill IWe".J; llUNNING thence from silid point of beginning along the westerly Side 0: Crdnd Avcnue the following two (2) courses '-'nJ discances: ( 1 ) ~:ou t.tl "'2 ~I lIee] .Jlj 1lI11l. 10 ~~C. E...I:.; t U'1.1 .]1: tC:l..::t; (:.oj ~;Oll tl"l ~<J dC:CJ. 1/J JIll./). ':.)j :.;~c . We:.;t: ~(j.l (J{j tl:(;l:. t.o l ~I (llj fiG,,; ,)l- LorrllL:cly t:.:UlJcnc.: O. Cc;J. t; [;UIIIIHIC tllence North 25 cleg. ~~ min. 59 sec. [.Jest alonq lel/lll nG\; Ot- ieemeely Eugene O. Graf 17J.56 teet to the noccheasterly corner o( l~nd ]',;J'.: oe conn.;, cl y Eugene O. GL-,I f; J,;UI1Jlllll: l:IIL'IICl.! ~Ollt,ll (,1 dl.:tJ. 1'/ IIlin. :Jl :;',1":. UL.::.:l: dlc)/IlJ I',lllll l,~"./ vi' lur-llL~Cly l'~UlJ(:IIL: U. Ct";.I!, dlUIICJ .l~11U J1u~1 lJl' /.uCllll:l~ly VluJ."":':llc(.: i'.llll,lr~, ':'IIIU dlOlhJ Idnd IIUW OC l'oClIII...:cly Hilli..:..allt .IIIU Ih~r't:hil 1..L"./l...:tHlrJ:..:j.,.i. ';".I.'J'J te,cc co Idnd noVl ot' foc]uc,rly Ell",n N. IJl"c.:I.: Cuyt:on; RUNNING thence North 25 cleg. 11 min. J9 sec. West along l~nd now 0C (ocm"ely Ellen 11. Bldck Guyton "nd ,Llonr] IdnLi noVl or (ocm0cly 1::li2;~I~~~h V. l~ox 1022.92 [c~t to tll~ ~outll~rly ~illl: of 14111 l~o':'lu: 1(Ui:llfllC th",nc0 ,donI) tile ,;outlkl-ly ';.ldre 01' 1.li Il l{Odd ti,e tullo\-.'inc] Ulr.-=t...: (J) COUC::':...:S i..1nd di~t.l.1lll':C:~: (1 ) (2 ) (j) '.,'C,:.: c(. cl 'j 1I0rth 55 deg. ~;G min. 51 sec. E:..st 2.UJ fec;t; Norch Gl dc;y. J1 min. 51 SC,C. East 250.29 (eec; North 70 U0CJ. UG min. .11 s(:c. E(I~~t ~'1J.:~U rce:t to Lh~ side or Cr.:J.nu. I\V(:I)UC: iJnc( tllL~ pOlllt Or pldl':u 01' bL:(jinnlrl~J. (:(.;!j'l',\lillllC ':HI .:..tn2.-t ot 19 .12:!U ...l.cr~s. ,.