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DECLARATION OF COVENANTS AND RESTRICTIONS
DECLARATION made this ~.. day' of r>>' r
1990, by
JOHN S. WICKHAM and ANNE L. WICKHAM, residing at no # Main
Road, cutchogue, New York, and THOMAS WICKHAM and GEKEE
WICKHAM, residing at no # West Creek Avenue, Cutchogue, New
York hereinafter referred to as the "Declarant";
WHEREAS, the Declarant is the owner in fee simple of a
certain parcel of land situate at New Suffolk, Town of
Southold, County of Suffolk and State of New York, and
designated on the Suffolk County Tax Map as District 1000,
Section 110, Block 8, Lot 32.1, being the premises described
in deed recorded in the Suffolk County Clerk's Office on
8-19-85 in Liber 9854 at page 476, a metes and bounds
description of which is shown on Schedule A attached hereto
and made a part hereof, hereinafter referred to as the
"premises".
WHEREAS, the Declarant intends to subdivide said
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premises for residential purposes and desires to subject
said premises to certain conditions, covenants and
restrictions in order to preserve the maximum open
space, natural scenic beauty and natural vegetation and to
prevent overcrowding and to conserve the ground water
resources of the Town of Southold, and
WHEREAS, the Declarant has applied to
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Board of the Town of Southold for approval
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subdivision ot the premises as a Minor Subdivision, to
contain not more than two (2) lots or parcels,
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.
1. No lot shall be subdivided or its lot lines changed in any
manner at any future date unless authorized by the
Southold Town Planning Board.
2. Since this tract has the potential to be further
subdivided, any subdivision of any part of this
tract in the future shall have a map of the
subdivision filed in the office of the County
Clerk.
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3. 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.
4. No new residential structure or sanitary disposal
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facility shall be constructed or otherwise located
within 100 feet of the shoreline of Cutchogue
Harbor and the freshwater wetlands within the
property.
5. 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 Southold Town Planning Board after a
public hearing. Adjoining property owners shall
be entitled to notice of such public hearing but
their consent to such modification shall not be
required.
IN WITNESS WHEREOF, the Declarant has hereby executed
this Declaration of Covenants and Restrictions the day and
year first above written.
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S. WICKHAM
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ANNE L. WICKHAM
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GEZICI<IIAH
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THOMAS WICKHAM
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STATE OF NEW YORK, COUNTY OF SUFFOLK: ss:
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On the 30 day of jj1t , 1990, before me personally came
JOHN S. WICKHAM and ANNE L. WICKHAM to me known to be the
individuals described in and who executed the foregoing
instrument, and acknowledged that they executed the same.
JA:<:F.T V. STS';':.\RT
NOTARY ?UJlIC. 5ta~3 ::.f ~bw V'~rk
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~ry Public
STATE OF NEW YORK, COUNTY OF SUFFOLK: ss:
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On the 3~' day of~L{ , 1990, before me personally came
THOMAS WICKHAM and GEKEE WICKHAM to me known to be the
individuals described in and who executed the foregoing
instrument, and acknowledged that they executed the. same.
JANET V. cTEW.\;lT ~ v". ~():.r.J-
NOTARY ~~~L1.~~ :t.aI7...~f ~~.~W YOnt CJiot!ary Publif5
Qualihld in ~:.Iff'Jik C::ur.ty
C<Jmmission :xi"ir~s r::w. ::J. 199u
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SCHEDULE A
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AU. that certaia plat, piKe or parcd of Iaad, witIl the buildinp and ;"....~.e4..nts ~ <ftCted, si--.
lyine and beinr illxa at Hew Suffolk, in the Town of Southold, County of
Suffolk and State of Hew York, and more particularly bounded and
described as follows:
BEGINNING at a point on the easterly side of Hew Suffolk Road at
the southwesterly corner of the premises about to be described at
the northeast corner of land of Henry P. Wickham; running thence
from said point of beginning along the easterly side of New
Suffolk Road, the following three (3) courses and distances:
1. North 3" 58' 50' East, 26.66 feet; 2. Horth 3" 46' 40" West,
92.59 feet; 3. Horth 9" 03' 20' West, 204.49 feet, to an iron
pipe and land of County of Suffolk; thence along last mentioned
land, South 72" 00' 30' East, 1621.52 feet to a point and land now
or formerly of Searl; thence South 64" 19' 00' East, along last
mentioned land, 51.18 feet to the ordinary high water mark of
Cutchogue Harbor; thence South 32" 20' 40" West, (tie line) along
the or~inary hlgn water mark of Cutchogue Harbor, 296.38 feet to a
point and land now or formerly of Henry P. Wickham; thence North
72" 00' 30' West, along last mentioned land, 1465.00 feet to
the easterly side of New Suffolk Road, at the point or place of
BEGINNING.
BEING and intended to be the same premises conveyed to James Parker Wickham,
Jr. by deed dated 5/29/64 and recorded 6/23/64 in Liber 5563 cp.250, and,
as residuary devisee under the Last Will and Testament of Margaret L. Breaker,
deceased on 10/27/75, late of Suffolk County, File I 1800 P 1975, and as
to Lawrence C. Breaker as residuary devisee under the Last Will and Testament
of Margaret L. Breaker, deceased on 10/27/75, late of Suffolk County, File
I 1800 P 1975.
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