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DECLARATION OF
COVENANTS AND RESTRICTIONS
DECLARATION made this
day of June, 1990, by MARGARET J.
GADA, residing at (no #l Equestrian Avenue, Fishers Island,
New York, hereinafter called the Owner.
WHEREAS, the Owner has title to certain lands situate, lying
and being at Fishers Island, in the Town of Southold, County of
Suffolk and State of New York, said lands hereinafter being more
particularly described in Schedule A attached heret01 and
WHEREAS, the Planning Board of the Town of Southold did on
February 13, 1990 grant sketch map approval on the parcel of land
described in Schedule A into a minor subdivision of three lots to
be known as "Minor Subdivision Plan Made For Marqaret J. Gada,
Hedge Street, Fishers Island, New York".
WHEREAS, the Planning Board of the Town of Southold resolved
on May 14, 1990, there should be placed on the subdivision the
following Covenants and Restrictions.
NOW, THEREFORE, the premises described in Schedule A shall be
subject to the following Covenants and Restrictions:
1. No lot line on any lot shall be changed in any manner at
any future date unless authorized by the Town of Southold Planning
Board.
2. The clearing and grading within each lot shall be limited
to that necessary for sitinq and constructing a house with the
intent of preserving as much of the natural vegetation on the
site as possible.
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3. Each lot shall not be further subdivided.
4. Article 12 of the Suffolk County Department of Health
Services Code shall be complied with.
5. No new residential structure or sanitary disposal facility
shall be constructed or otherwise located within 100 feet of the
shoreline of West Harbor.
6. Within 50 feet of the top edge of the bluff along West
Harbor there shall not be any grading except that may be necessary
to control or remedy erosion or to prevent stormwater from flowing
over the edge of the bluff. Clearing and cutting within this area
shall be limited to that necessary for proper maintenance and
removal of diseased, decayed or dead material and obnoxious plant
species. Such clearing and grading shall be subject to review by
the Town of Southold Planning Board to insure proper maintenance
and preservation of the natural buffer.
7. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall be
discharged into the adjoining body of water.
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
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materials into^and the tidal wetlands bordering
and other deleterious
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9. 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
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such modification shall not be required.
DECLARANT does hereby further warrant, covenant and represent
that the foregoing restrictions and agreements shall bind the
undersigned, her heirs, successors and assigns, and any and all
person or persons who shall succeed to the ownership of said
premises or any part thereof by transfer or otherwise.
IN WITNESS WHEREOF, the Declarant has caused her hand and seal
to be.affixed this
day of June, 1990.
~.1".~ ?!..J.
arga t J. Gada
STATE OF NEW YORK:
ss.
COUNTY OF SUFFOLK:
On the
day of June, 1990, before me personally came
MARGARET J. GADA to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged that she
executed the same.
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Notary Public
'HeMA& F. oeHERTY JR.
Notary Public Sloto ot Now York
No. 4806551
QUIUfi.. in Sultolk CounlY
Term Expir..12131/1O
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