HomeMy WebLinkAbout1000-103.-9-13
DISTRICT
1000
SECTION
103.00
BLOCK
09.00
LOT
013.000
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11043PG301
DECLARATION OF COVENANTS
AND RESTRICTIONS
DECLARATION made this 0d~day of ~c..IJ
DORIS P. FOSTER, residing at 3600 Little Neck Road,
York 11935, hereinafter referred to as .Declarant..
1990, by
Cutchogue, New
WIT N E SSE T H
WHEREAS, Declarant is the owner in fee simple of a certain parcel
of land situate at Cutchogue, Town of Southold, County of Suffolk and
State of New York, containing 8.5 acres, and designated on the Suffolk
County Tax Map as District 1000, Section 103, Block 09, and Lot
013.000, and referred to herein as the .premises..
WHEREAS, the Declarant intends to subdivide said premises for
residential purposes and desires to subject said premises to certain
reservations, restrictions, conditions, covenants and agreements.
MAR 30 t990
I
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
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hereinafter set forth, and that every purchaser of said premises so
purchased shall be held subject to the covenants, conditions, and
restrictions hereinafter set forth.
1. No lot line shall be changed
unless authorized by the Town of
in any manner at any future
southold Planning Board.
date
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.
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11043PC302
3. The ex ist ing bu ild ings on Lot 2, a barn and a shed, shall not be
used for living quarters.
4. There shall be
at any future
planning Board.
no further subdivision of Lots 1 to 3, inclusive,
date unless au thor ized by the Town of Sou thold
5. No new residential structure shall be constructed or otherwise
located within 75 feet of the upland edge.
6. No new sanitary disposal
otherwise located within 100
facility shall be constructed
feet of the upland edge.
or
7. No stormwater runoff resulting from the development and
improvement of this subdivision or any of its lots shall be
discharged into the adjoining bodies of water and the tidal
wetlands within.
8. Erosion and sediment control measures shall be required during and
immediately after construction on each lot to insure that
stormwater runoff will not carry eroded and other deleterious
materials into Eugene's Creek and the tidal wetlands bordering the
Creek.
9. A strip of land 8.75 feet wide along the frontage of the property
on Little Neck Road shall be offered for dedication for highway
widening purposes to bring the road up to modern right-of-way
width standards.
10. 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
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.
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11043PG303
11. These covenants will be effective only at such time as the
Southold Town Planning Board endorses the subdivision map and, if
this map is required by the Southold Town Planning Board to be
filed with the Suffolk County Clerk, only at such time as said map
is accepted by and filed with the Suffolk County Clerk.
12. That all of the covenants, conditions and restrictions contained
herein shall be construed as real covenants running with the land
and shall continue and remain in full force and effect at all
times as against the owner of the premises or any portion thereof,
except with the permission of the Southold Town Planning Board, or
its then equivalent successor. Said covenants, conditions and
restrictions shall be binding upon, inure to the benefit of and be
enforceable by the Declarant, her heirs, successors. and assigns,
any owner of any portion of the aforesaid premises, their heirs,
successors and assigns, and the Town of Southold, and its
successors and assign~, and the failure of any of the foregoing to
enforce any of such covenants, condi tions and restr ictions shall
in no event be deemed a waiver of the right to do so thereafter.
IN WITNESS WHEREOF, this indenture has been executed the day and
.. year first above written.
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Doris P. Foster
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the SOVLday of ~..A...J
DORIS P. FOSTER, to me
executed the foregoing
the same.
, 1990, before me personally came
known to be the individual described in and who
instrument, and acknowledged that she executed
~ ,LO~ "-0" ~ J ~
Notary Public
MARY DIANA FOSTER
NOTARY PUBLIC, STATE OF NEW YORK
NO 52-4655242 SUFFOLK COUtiTY
COMMISSION EXPIRES AUGUST 31, 19111 1'/
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11043FC304
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Kec.oQD (V?cTU(Ck.J/cJ:
EDSON & BRUER ESQf
Main Road
P.O. Box 1466
SouthoJd. NY 11971