HomeMy WebLinkAbout1000-114.-12-14
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o/t{.tJIJD' Jule Lane, Mattituck, for 7 lots on 15.3 acres in the cluster
#_~6fd concept, and as a condition of said approval by resolution dated
::;~~~:~~.~FebrUary 26, 1987, said Planning Board has required that the
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\':.!.,..,..?J within Declaration be recorded in the Suffolk County Clerk' S
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11181Pt44' .
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1989 by
DECLARATION AND COVENANT
THIS DECLARATION made the S I day of
HENRY E. APPEL
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residing at 59-53 70th Street, Maspeth, New York
and,
WILLIAM J.KLUENDER
residing at 64-06
Myrtle Avenue, Glendale, New York and,
FRANCIS J. VAN MANEN
residing at 581
Onderdonk Avenue, Ridgewood, New York
Declarants.
WHEREAS, Declarants are the owners of certain real
property situate in the Town of Southold, Suffolk County, Ne\l
York, more particularly bounded and describe9 as' set forth as set
forth in' ~Schedule A annexed hereto as provided by the Declarants,
and
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WHEREAS, for and in consideration of Preliminary Map.
Approval by the Southold Town Planning Board for the major
subdivision of Henry Appel located at New Suffolk Avenue and Ole
Office, and
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WHEREAS, Declarants have considered the foregoing and
determined that same will be i~ the best interest of the
Declarants and subsequent owners of said parcel,
NOW, THEREFORE, THESE DECLhRANTS WITNESSETH:
That Declarants, for th8 purpose of carrying out the
intentions above expressed do herE'by make known, admit, publish,
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covenant arid agree that the said premises herein described shall
hereafter be subject to the following covenants which shall run
with the land and shall be binding upon all purchasers and
holders of said premises, their heirs, executors, legal
representatives, distributees, successors, and assigns, to wit:
1. No lot shall be subdivided or its lot lines changed in any
manner at any future date unless authorized by the Town of
Southold Planning Board.
2. Clearing and grading within each lot shall be limited to that
necessary for siting and constructing a house with the intent of
preserving as much of the natural vegetation on the site as
possible. Limiting clearing and grading will minimize stormwater
runoff and erosion.
3. There shall not be any vehicular ingress and egress on New
Suffolk Avenue for Lot 1. Said restriction shall be noted on the
map to be filed in the County Clerk's Office.
4. No driveway or entrance road on Old Jule Lane shall be
located within fifty (50) feet of the southerly end of the short
radius curve, connecting the easterly side of the right-of-way of
Old Jule Lane with the southerly side of the right-of-way of New
Suffolk Avenue.
5. This subdivision is located within one mile of Mattituck Air
Base and, therefore, may be subject to noise emanating from the
facility and from aircraft flying overhead or nearby.
6. All residential structures are to be constructed using
materials and techniques that will reduce interior noise
levels resulting from aircraft noise in accordance with the
recommendations of the Department of Housing and Urban
Development or any other authority that has promulgated
standards for reduction of interior noise levels.
7. To insure that the "open space area" shown on the map remains
as open space, and is excluded from future development, the
following requirements are to be imposed:
a. A homeowners' association shall be formed, to
manage the "Open Space Area".
b. Assessment of the "Open Space Area" shall be based
upon this area being an open space and/or recreational area.
Such an area should be given a "zero" assessment and the
assessment records prepared both for the "Open Space Area" and
all the affected properties within the subdivision show that the
value of the "Open Space Area" is "reflected" on the tax rolls by
adding the proportionate share of the value of the common
property to the value of the remaining properties in the
subdivision.
c. The "Open Space Area" shall not be subdivided in
the future or used for commercial use.
d. The homeowners' association shall not use the "Open
Space Area" as collateral for improvements within the
subdivision.
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e. The homeowners' association shall meet all
requirements and regulations of the State Attorney General's
Office (Referring to 13 N.Y.C.R.R. Parts 20, 21, and 22, issued
by the New York State Department of Law).
f. These requirements are necessary to protect the
taxpayers of the Town of Southold as well as to prevent the
County from having to acquire the property as the result of
failure of the homeowners' association to pay the taxes on the
"Open Space Area" and the County from having to put this area up
for sale at an auction of tax delinquent parcels with the
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STATE OF NEW YORK
County of Suffolk
I, EDWARD P. ROMAINE, Clerk olthe County of Suffolk and Clerk olthe Supreme Court of the State
of New York in and for said County (said Court being a Cow:!. of Record) DO HEREBY CERTIFY that
" ,I have compared the annexed copy of r0- ~r^- /. /, /1/ J' / /.' '-/ 'i' Y
if~~.L in J1tu;'0!-7~,.3(),/n'Q@ //'/ff':t?1V>"> /)r{"",'-q
and that it is a just and true copy of such original ~~ .A.-- and
of the whole thereof.
55.:
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County -
andco~~:h.i~... .~.~...... ~~~~:.......~:...... .1.9.. .~~'.. .l.~.i! ~
d iLl Clerk.
Form No.1 04 12"0'..'21....
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11181f'44f .
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STATE OF NEW YORK : COUNTY OF ~..,.t- (...; S
On this,'.'/Ji' day of M.~ 7
personally came HENRY E. APPEL
owner of certain real property located on New Suffolk Avenue and
Ole Jule Lane, Mattituck, New York, the subject property covered
by this declaration; that he did read the above declaration and
covenant and understands its contents;~_that he did swear to me
that he executed the same. ~;;yj.J/I# /f,/!df;,,/f,::! ;/
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19891,1befors' toe'
FREDERICK T. HALLER. JR.
NotARY PUbLIC, SIAn OF N.Y.
No ..1.07]8325. QUHNS co.
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STATE OF NEW YORK : COUNTY OF DoJet:.J.s': ss. :
On this 3/0 day of MA'; , 1989, before me
personally came WILLIAM J.KLU~NDER
owner of certain real property located on New Suffolk Avenue and
Ole Jule Lane, Mattituck, New York, the subject property covered
by this declaration; that he did read the above declaration and
covenant and understands its contents; that he nid swear to me
that he executed the same. --
FREDLRICK T. HALLER. JR,
NorAIlY ~lIIlLIC. :'lAll OF ':'I.V.
"h/JIlH::' . ~ul~NS (;0.
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STATE OF NEW YORK: COUNTY OF Dv;UAJs: ss.:
On this~/j~ day of MAlt , 1989, before me
personally came FRANCIS J. VAN MANEN
owner of certain real property located on New Suffolk Avenue and
Ole Jule Lane, Mattituck, New York, the subject property covered
by this declaration; that he did read the above declaration and
covenant and understands its contents; that he did swear to me
that he executed the same. __ ~.
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~ NOTARY PUBLIC
FREDERICK 1. HALLER. JR.
HOfAkY PUbUC, SIAU O! rU.
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1124'iPC :i92
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DECLARATION OF COVENANTS AND RESTRICTIONS
DECLARATION made this ,;)..1 , day of I'lttV: II , 1991,
by HENRY E. APPEL, residing at 65-45 Myrtle Avenue, Glendale,
~ \q, New York, WILLIAM J. KLUENDER, residing at 64-06 Myrtle Avenue,
~ Glendale, New York, and FRANCIS J. VAN MANEN, residing at 581
-~~ ~ Onderdonk Avenue, Ridgewood, New York, hereinafter referred to as
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DIST
1000
SEC
114.00
BLK
12.00
LOT
014.00
"Declarants" .
WIT N E SSE T H :
WHEREAS, Declarants are the owners in fee simple of a
certain parcel of land situate at Mattituck, TOwn of Southold,
County of Suffolk and State of New York, containing 15.3573
acres, and designated on the Suffolk County Tax Map as District
1000, Section 114, Block 12 Lot 14; being the same premises
conveyed to Declarant by deed dated July 20, 1970, recorded in
the Suffolk County Clerk's Office on January 16, 1973, in Liber
7325, page 23, and referred to herein as the "premises".
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WHEREAS, the Declarants intend to subdivide said premises
for residential purposes and desires to subject said premises to
certain reservations, restrictions, conditions, covenants and
agreements.
NOW THEREFORE, the Declarants do hereby declare that the
aforesaid premises and every portion thereof is hereby held and
shall be conveyed subject to conditions, covenants and
restrictions hereinafter set forth, and that every purchaser of
said premises or any portion thereof, by the acceptance.of a deed
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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
The following words when used in this Declaration or any
supplement(s) or amended Declaration shall, unless the context
otherwise prohibits, have the meanings set forth below:
(a) "Property" shall mean and refer to the real estate
(described below in Article II), together with the appurtenances
thereto, any and all improvements thereon, or any portion
thereof, as well as to any of the Lots contained therein.
(b) "Lot" shall mean and refer to any and each of the
pieces of parcels of land numbered 1 through 7, inclusive, as
shown on the Subdivision Map referred to in Article II hereof,
and particular Lots shall be identified herein according to the
respective numbers appearing on such Subdivision Map.
(c) "Developers" shall mean and refer to Henry E.Jlppel,
William J. Kluender and Francis J. Van Manen, their successors
and assigns.
(dl "Lot Owner" shall mean and refer to the record owner
of fee simple title to any Lot, including the Developer with
respect to an unsold Lot. Every record owner shall be treated
for all purposes as a single owner for each Lot held,
irrespective or whether such ownership is held jointly, in common
or by the entirety. Where such record ownership of any Lot is
jointly, in common, or tenancy by the entirety, the majority vote
of such owners shall be necessary to cast any vote to which such
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11244PC494
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Lot Owner is entitled. Anyone Lot Owner owning two or more Lots
shall be treated as a separate Lot Owner for each Lot held for
purposes of any approval, voting or majority requirements herein.
(e) As used herein, "Homeowners Association" shall refer
to an association, corporation or organization of Lot Owners
which shall be formed by the Developer, subsequent to the sale of
51% of the lots, and which provides for the administration and
mai.ntenance of the open space. All decisions of any such
Association shall be made by at least a majority of Owner-Members
in good standing. The purpose of such Association shall be the
preservation of community appearance, standards and values, the
enforcement of these Covenants and Restrictions, and the control
of and jurisdiction over all portions of the Property, if any,
owned in common by all the Lot Owners.
(f) "Open Space" shall mean the 7.8504 acres as
shown on the subdivision map, dated October 16, 1989.
ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION
The real property which is and shall be held,
transferred, sold, conveyed and occupied subject to this
Declaration is all that certain plot, piece or parcel of land
situate, lying and being at Mattituck, in the Town of Southold,
County of Suffolk and State of New York, being lots numbered 1
through 7, inClusive, and such land designated as open space as
designated on a certain map entitled "Map of Henry Appel",
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11244PC49{
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prepared by Young and Young, surveyors, heretofore approved or
about to be approved by the Southold Town Planning Board and
filed or about to be filed in the Suffolk County Clerk's Office.
ARTICLE III - USE OF PROPERTY
(al No lot shall be improved or have placed or maintained
thereon any dwelling other than a single family dwelling, not to
exceed two stories in height.
No dwelling shall be created having less than 1,600
square feet of interior living area. A two story dwelling shall
contain a first floor area of not less than 1000 square feet
exclusive of detached garage, open breezeways, patios, terraces
or basement. Each dwelling shall have a full basement made of
concrete block or poured cement walls. Each dwelling shall be
side with natural materials only, no vinyl, asbestos or synthetic
sidings will be permitted. Each dwelling shall have a garage,
either attached or detached for not more than three automobiles
with an asphalt or bluestone driveway extending therefrom to the
street payment line. Each dwelling shall have a gable, hip, or
pitched roof. No flat roofs shall be constructed.
(bl No building of the type commonly referred to as
"mobile" or "modular" shall be installed on any lot.
(cl No building or structure shall be erected on any lot
until the building plans as to the location on the lot, the
outward appearance and design have been approved, in writing, by
the _eclarants. There shall be no alteration to the exterior of
any dwelling or structure except in accordance with the plans and
specifications which have received the prior written approval of
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the Declarants or their successors or assigns. All dwellings and
structures shall conform to all applicable codes and regulations
of the Town of Southold, and no variance thereof may be obta~ned
without written approval of the Declarants or their successors or
assigns. Two copies of proposed plans and specifications shall
be submitted to the Declarants, their successors or assigns, one
of which, when approved, shall be returned to the owner with such
approval endorsed thereon. If the Declarants, their successors
or .assigns, -hall neither approve or disapprove the plans and
specifications within 30 days after they have been submitted to
and received, the plans and specifications shall be deemed
approved.
(d) No lot shall be used or maintained for any purpose
other than a one-family residence. No trade, business or
manufacturing shall be carried on in any residence or anywhere on
the property. Specifically exempt from this restriction,
however, are the practice of medicine, dentistry, law and
architecture, providing the profession does not exceed the
licensed practitioner and one assistant. No obnoxious or
offensive activities shall be carried on upon any lot, nor shall
anything be done on a lot which may become an annoyance or
nuisance to the neighboring properties.
(e) No signs other than one identifying the owner's name
and nunber of the house or professional sign shall be erected on
the premises. Permissible signs shall not exceed 10 inches by 0
inches, comprised of a white field with black letters or a black
field with gold letters. Thus restriction shall not prohibit the
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11244PL497 (
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Declarants, their successors or assigns, from using said premises
or any part thereof for the sale of real estate, including the
right to place subdivision advertising signs or model home signs
on the premi ses.
(f) All debris must be removed from any lot prior to
occupancy. No area of the premises may be used for the dumping
or storage of garbage, and all such materials shall be stored in
sanitary containers and shall be removed regularly from the
premises. The grounds of each Lot shall at all times be
reasonably well maintained.
(g) All exterior construction, including roof, exterior
walls, painting, windows, door and landscaping shall be completed
within one (1) year from the date construction commences.
(h) No commercial vehicles, recreational vehicles,
trailers, or campers shall be kept ungaraged on any lot. Any
boat stored on the premises is to be stored along the rear line
of the plot, if not garaged.
(i) No fences, either natural or man-made, shall be grown
or erected 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 its front yard facing the subdivision road.
(j) No more than two domestic pets shall be maintained on
the premises by any lot owner.
(k) Exterior clothes lines shall not be installed on any
lot.
(1) No title in and to the bed of the road is to be
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11244PG498
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conveyed to the lot purchasers. The Declarants retain the said
title and the right to dedicate and convey the said title to the
Town of Southold. However, the land in the bed of the streets
shown on said map shall be subject to easements to provide for
the installation and maintenance of all utilities and drainage
facilities now or hereafter installed to provide service for the
lot owners, whether installed on tne surface of, or above or
below the ground.
(m) No nuisance of any kind, including excessively
barking dogs or any use or practice which is a source of
annoyance to residents and which interferes with the peaceful
possession and proper use of the premises by its residents shall
be permitted.
(n) Only permanent swimming pools shall be allowed and
shall be constructed in such a manner that the top of the
swimming pool does not extend beyond six inches above the
finished grade.
(0) No satellite dishes or antennas or aerials shall be
placed, erected or located on the lot or on the structures
erected on the lot un~ess its location, screening, construction,
height and aesthetics are approved by Developer or by the
Homeowners Association.
(p) In order to preserve its scenic and natural beauty,
no owner or member of his family or his agent or assigns or other
person shall remove, cause to be removed or allow to be removed,
without the Developer's permission (or that of the Homeowners
Association,), from any part of the ~roperty not designated as
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11244PC499
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required building area, any tree which has a diameter of four
inches or greater (measured twelve inches above natural grade) to
the end that all large trees not located within required building
areas of the various lots remain intact throughout the Property.
In addition to the foregoing, any all landscaping to the Property
shall conform in appearance and aesthetics with the surrounding
neighborhood.
ARTICLE IV - OPEN SPACE
It is the intention of the Declarants 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 or 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 that
portion of the premises designated as open space on the
subdivision map, to wit:
(a) No structures shall be erected ur placed in or on any
open space.
(bl No sand, gravel, top soil or other material Shall be
removed from any open space nor shall any such materials be
deposited thereon.
(c) No trees, or other vegetation shall be removed from
any open space except dead, diseased or decayed trees, or such
other removal of vegetation as may be required for the proper
natural preservation thereof.
11244PG50(( .
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(dl Subject to the foregoing provisions of this Article,
the open space shall be used solely for drainage and recreational
use of lot owners and their guests.
(el The use of the open space shall be subject to such
reasonable rules and regulations, including fees and charges, as
may from time to time be established by the Declarants, or their
successors and assigns, and/or by the Homeowners Association.
ARTICLE V - GENERAL PROVISIONS
(al Beneficiaries of Easements, Rights and privileges -
The easements, licenses, rights and privileges established,
created and granted by this Declaration shall be for the benefit
of, and restricted solely to the Developers, the Homeowners
Associations, the Lot Owners and their respective heirs,
executors and administrators, legal representatives, successors
and assigns, and any Lot Owner may grant the benefit of such
easement, license, right or privilege to his tenants and guests
and their immediate families for the duration of their tenancies
or visits, but the same is not intended nor shall it be construed
as creating any rights in or for the benefit of the general
public.
(bl Duration and Amendment - The Covenants and
Restrictions of the Declaration shall run with and bind the land,
and shall inure to the benefit of and be enforceable by the
Developers, any of the Lot Owners and their respective heirs,
executors and administrators, legal representatives, ~uccessors
and assigns, and/or the Homeowners Association. Except for
provisions contained herein regarding Developer's obligations to
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11244PG50\ .
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form a Homeowners Association, nothing in this Declaration shall
be construed as obligating the Developer to supervise compliance
with or to enforce these Covenants and Restrictions and no person
shall have a cause of action against the Developer for their
alleged failure to so supervise or enforce.
Cc) Limit to Developers' Obligations - Notwithstanding
any provisions herein to the contrary, the Developers shall have
no .further obligations, duties or responsibilities pursuant to or
resulting from this Declaration subsequent to the formation of a
Homeowners Association.
Cd) Severability - Invalidation of any of the covenants,
limitations or provisions of this Declaration by judgment or
court order shall in no way affect any of tne remaining
provisions hereof, and the same shall continue in full force and
effect.
IN WITNESS WHEREOF, the Declarants have duly executed
this Declaration on the day and year first above written.
~~~y
HENRY E. APPEL
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J. KLUENDER
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FRANCIS J. VAN MAN EN
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11244PL502
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STATE OF NEW YORK: COUNTY OF QUEENS : ss.:
On this ~\ day of tY\f'~c..vf 1991, before me personally
came HENRY E. APPEL, owner of certain real property located on
New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the
subject property covered by this declaration; that he did read
the above declaration and covenant and. lnderstands its.. contents;
that he did swear to me that he execu71 the same. .-"
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NOTARY 'PUBLI '/
/ DRAGAN V)' AN
Notary Public. St~le of New York
No 41-4lj45760
Qualifted In Queens County .:J V
Commission Expires Jan. 27, 19-1
STATE OF NEW YORK: COUNTY OF QUEENS.: S5.:
On this 2, day of ,v,-,+{!..<..cyt 1991, before me personally
came WILLIAM J. KLUENDER, owner of certain real property located
on New Suffolk Avenue and Ole Jule Lane, Mattituck, New York, the
subject property covered by this declaration; that he did read
the above declaration and covenant and understands its contents;
that he did swear to me that he executed the same.
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NOTARY/PPBLIC fl. -
[/ DRAGAN VALJAN
Notary Public. .'SliHi: 01 New Y0rk
No. 41-4845760 _ i
Qualif.ied in Queens County q V
CommiSSion Explfes Jan. 27, 19_
STATE OF NEW YORK: COUNTY OF QUEENS: ss.:
On this'Ll day of \'-"\'\R(H' 1991, before me personally
came FRANCIS J. VAN MANEN, owner of certain real property located
on New Suffolk Avenue and Ole JUle Lane, Mattituck, New York, the
subject property covered by this declaration; that he did read
the above declaration and covenant and understands its contents;
that he did swear to me that he executed the same.
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PETER S. DANOWSKI. JR.
Attorney at Law
616 Roanoke Ave., Box 779
Rlverhead, New York 11901