HomeMy WebLinkAbout1000-108.-4-7.2
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made and dated the 9th of July 1996 by Buovodantona
Aliperti, residing at 81 Hallock Lane, Rocky Point, New York hereinafter referred to as
the "declarant".
WITNESSETH:
WHEREAS, declarant is the owners in fee simple of the real property described
in Schedule A annexed hereto and made a part hereof; and
WHEREAS, an application for approval of the subdivision known as "ELIJAH'S
LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the
Planning Board of the Town of Southold; and
WHEREAS, the Planning Board has determined that such subdivision would be
granted, provided the applicant covenants to use his property in conformance with the
zoning ordinances of the Town of Southold and further convents as hereinafter
provided.
WHEREAS, the declarant deems it advisable for the best interest of the Town
of Southold to impose certain covenants upon said real property and create an Open
Space Easement with respect to a portion of said real property,
NOW, THEREFORE, in consideration of the premises, the declarant declares
that the above described real property is held subject to the following covenants:
1. That the subject premises shall be used in conformity with the zoning
ordinance of the Town of Southold.
2. There shall be no further subdivision of any lot within the subdivision , in
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perpetuity. This restriction includes Lot Number 4 which contains an Open Space
Conservation Easement. This subdividion has been designated as a clustered
subdivision and it has been designed at its full development capacity.
3. If the streets within the subdivision are designed with a width of twenty-
four (24) feet, there shall be a condition included in the Declaration of Covenants and
Restrictions that there shall be no on street parking in the subdivision. If the streets
are designed as originally proposed, in accordance with the twenty-eight (28) foot
specification, this condition will not be required.
4. There shall be no construction on Lots 13, 14,24 and 27 in "ELIJAH'S
LANE ESTATES, Sections 2 " and Lots 5 and 6 in "ELIJAH'S LANE ESTATES,
Sections 3". These lots shall remain as open space until such time as individual on
site wells comply with the "Private Water System Standards" of the Suffolk County
Department of Health or the subject lot is connected to an approved public water
supply.
5. The use and developm ent of the portion designated as Open Space
Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, 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
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Of field crop (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 the maintenance of livestock and
livestock productions (including cattle, sheep, goats, horses and poultry) which are
found acceptable and reasonable necessary by the Planning Board;
d. Landscaped, wooded areas with lanes, walkways, foot paths,
ponds or brooks and recreational areas for compatible recreational uses, which are
found acceptable and reasonably necessary by the Planning Board and which are
subject to approval by the Planning Board.
Said covenants shall run with the land and shall be binding on the heirs,
successors and assigns of the declarant, subject to the right of the Town of Southold
to amend, modify or repeal said covenants at any time with the permission of the
owner of said property:
6. That the following shall be adhered to on that portion of Lot, Number 4
outside the Building Envelope which is designated the Open Space Easement for the
purpose of maintaining said premises in its current condition for continued agricultural
production and to prevent the degradation of loss of the aesthetic open space and
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agricultural value of said premises:
a. If at any time the ownership of the area shall change, or the use of
the area shall be changed from the use present at the time of subdivision approval,
(fallow farmland) or any subsequently approved use, to any other type of farm use in
accordance with this Declaration of Covenants and Restrictions, a conservation plan
shall be developed by the Soil Conservation Service for this particular property. The
farming practices shall then comply in all respects to this report, 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 spoil 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.
e. No streets, roadways or other right of ways for non-farming
vehicular use shall be constructed or granted thereon.
1. 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.
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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,
biil boards or other forms of visual advertisement of display.
i. All structures, whether temporary or permanent, shall be located
within the building envelope for Lot Number 4 as designated on the final subdivision
plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or
buildings shall not be placed or erected within or upon the area designated as the
Open Space Area. Fences are permitted 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.
7. The Open Space Easement area is located within the Special
Groundwater Protection Area (SGPA), and therefore, any future use of this area shall
be subject to any restrictions required for property within a SGPA.
8. That the owner of said Lot Number 4 reserves the right to the exclusive
use and possession of the area known as the Open Space Easement, to the extent
not inconsistent with the covenants and restrictions hereinabove set forth; and
Declarant may exclude the general public or any designated person or persons from
the use of or entry upon the said Open Space Easement, except that the town shall
have the continuing right to inspect the said area to the extent reasonably required to
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monitor compliance with the covenants, terms and provisions have not been violated,
such inspection to be at reasonable times.
9. The declarant grants the continuing right in perpetuity to the Town of
Southold or any of its designated representatives to inspect any areas designated as
open space, open space easements, common areas or any similar nomenclature so
as to insure continued compliance with the covenants, terms and provisions
designated herein in regard to same and to insure that such covenants, terms and
provisions have not been violated.
10. Declarant grants the continuing right in perpetuity to the Town of
Southold or any of its designated representatives to enforce the conditions and
restrictions of the covenants and to take any legal action it deems necessary to
enforce the conditions and restrictions of the covenants. These rights of inspection
and enforcement shall be binding upon declarant, their heirs, executors, legal
representatives, distributees, successors, assigns and transferees.
11. 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 South old 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 executed this Declaration of
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SCHEDULE A
OVER ALL DESCRIPTION
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, bounded and described as
follows:
BEGINNING at a point on the southerly side of land of the Long Island Railroad, distant
250 feet southwesterly as measured along said land from its intersection with the
southwesterly side of Elijah's Lane;
RUNNING THENCE South 38 degrees 14 minutes 50 seconds East along the westerly
line of Map of Elijah's Lane Estates, Map No. 6065, 2955.22 feet to a point;
THENCE South 51 degrees 21 minutes 10 seconds West, 75.38 feet to a point;
THENCE South 38 degrees 38 minutes 50 seconds East, 50.00 feet to a point;
THENCE South 51 degrees 21 minutes 10 seconds West, 169.19 feet to a point;
THENCE on a curve to the right with a radius of 75.00 feet, an arc distance of 92.32 feet
to a point;
THENCE South 51 degrees 21 minutes 10 seconds West, 276.57 feet to a point on the
easterly side of land of Agnes Grabowski;
THENCE along said land, the following 8 courses and distances:
1. North 38 degrees 30 minutes 50 seconds West, 197.78 feet to a point;
2. North 36 degrees 32 minutes 50 seconds West, 162.95 feet to a point;
3. North 37 degrees 36 minutes 50 seconds West, 297.63 feet to a point;
4. North 37 degrees 92 minutes 50 seconds West, 566.37 feet to a point;
5. North 38 degrees 31 minutes 50 seconds West, 643.60 feet to a point;
6. North 34 degrees 42 minutes 50 seconds West, 494.40 feet to a point;
7. North 36 degrees 31 minutes 50 seconds West, 423.50 feet to a point; and
8. North 40 degrees 09 minutes 50 seconds West, 124.25 feet to a point on the southerly
side of the Long Island Railroad;
THENCE along said land North 46 degrees 11 minutes 40 seconds East, 539.62 feet to
the point or place of BEGINNING.
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Covenants and Restrictions on the date as above written. /d _""
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ovodantona Aliperti
State of New York )
: ss.:
County of Suffolk )
On the 9th day of July, 1996, before me personally came Buovodantona Aliperti, to
me known to be the individual described in and who executed the foregoing instrument
and acknowledged to me that he executed the same.
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Notary Pu
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PCG13Y tt::; JEP) aU>
MaIIIr P\mIlC. Sf""" "".' "WI';.xk
No, 01JE5O',~J r::l1
QllIIod In SldfoIk CcunIy -I T
o.,.llIlJlIln expr. August 28. 19_ ~
Record & Return to:
Buovodantona Aliperti
81 Hallock Lane
Rocky Point, New York 11778
C:'WPOOCS\SUBDlV\EUJAH\AEVClR1.00c
June 15, 1996
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10916PL167
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Iti I AtIG 23 1989
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DECLARATION OF COVENANTS AND
THIS DECLARATION made by the Town of Southold this c93 rolday of
August, 1989, a Municipal Corporation formed under the laws of the State
of New York with its principal place of business at 53095 Main Road,
Southold, New York hereinafter referred to as the DECLARANT, as the owner
of premises described in Schedule "A" annexed hereto (hereinafter referred
to as the PREMISES) desires to restrict the use and enjoyment of said
PREMISES and has for such purposes determined to impose on said PREMISES
covenants and restrictions and does hereby declare that said PREMISES
shall be conveyed subject to the following covenants and restrictions:
1. There shall be no ingress and/or egress from lot number 3 to or
from Main Road and said restriction shall be placed on the filed map.
2. The DECLARANT, its successors and/or assigns shall set forth
these covenants, agreements and declarations in any and all leases to
occupants, tenants and/or lessees of the above described property and
shall, by their terms, subject same to the covenants and restrictions
contained herein. Failure of the DECLARANT, its successors and/or assigns
to so concjition the leases shall not invalidate their automatic
subjugation to the covenants and restrictions.
3. All of the covenants and restrictions contained herein shall be
construed to be in addition to and not in derogation or limitation upon
any provisions of local, state, and federal laws, ordinances, and/or
regulations in effect at the time of execution of this agreement, or at
the time such laws. ordinances, and/or regulations may thereafter be
revised. amended, or promulgated.
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10916PL168
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4. This document is made subject to the provisions of all laws
required by law or by their provisions to be incorporated herein and they
are deemed to be incorporated herein and made a part hereof, as though
fully set forth.
5. The aforementioned Restrictive Covenants shall be enforceable by
the Town of Southold, State of New York, by injunctive relief or by any
other remedy in equity or at law. The failure of said agencies or the
Town of Southold to enforce the same shall not be deemed to affect the
validity of this covenant nor to impose any liability whatsoever upon the
T own of Southold or any officer or employee thereof.
6. These covenants and restrictions shall run with the land and
shall be binding upon the DECLARANT. its successors and assigns, and upon
all persons or entities claiming under them, and may be terminated.
revoked or amended by the owner of the premises only with the written
consent of the TOWN OF SOUTHOLD.
7. If any section. subsection. paragraph. clause. phrase or
provision of these covenants and restrictions shall. by a Court of
competent jurisdiction. be adjudged illegal. unlawful. invalid. or held to
be unconstitutional. the same shall not affect the validity of these
covenants as a whole. or any other part or provision hereof other than the
part so adjudged to be illegal. unlawful. invalid. or unconstitutional.
TOWN OF SOUTHOLD
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STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On this d3rJ. day of August, 1989, before me personally came
Francis J. Murphy, to me known, who being by me duly sworn did depose and
say that he resides at no number Wickham Avenue, Mattituck, NY that he is
the Supervisor of the Town of Southold the corporation described in an
which executed the foregoing instrument; that he knows the seal of said
. corporation; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Town Board of said
corporation, and that he signed his nall)~' tl1 reto by Ii --0 der.
Notary Public: tate of New York
ROBERTH.BERNTSSON
NOTARY PUBLIC, STATE Of NEW YOIlK
TERNO. 4914717. SUffOLK COUNlY
M EXPIRES NOVEMBER 2J, tal 'f
10916Pb~O
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SCHEDULE A
ALL that certain plot or parcel of land. situated at Mattituck. Town of
Southold. County of Suffolk. State of New York. Bounded and described as
follows:
BEGINNING at a point on the southerly side of Rachel's Road. said
point being the division line between Lot 1 and the Park and Recreation
Area as shown on the map of Elijah's Lane Estates. File #6065. and said
point being 220 feet West of the extreme end of a curve connecting the
southerly side of Rachel's Road with the westerly side of Elijah's lane;
From said point of BEGINNING South 38 degrees 38 minutes 50 seconds
East a distance of 208.19 feet to the lands now or formerly of Baxter;
THENCE along the lands now or formerly of Baxter 57 degrees 01
minutes 10 seconds West a distance of 229.40 feet to a point;
THENCE South still along the lands now or formerly of Baxter. South
37 degrees 21 minutes 50 seconds East a distance of 71.47 feet to the
lands of Neville;
THENCE along the lands now or formerly of Neville the following four
courses and distances:
South 60 degrees 15 minutes 40 seconds West a distance of 22.58 feet;
South 54 degrees 05 minutes 50 seconds West a distance of 85.53 feet;
South 80 degrees 53 minutes 10 seconds West a distance of 49.42 feet;
South 17 degrees 49 minutes 50 seconds East a distance of 125.00 feet
to the Northerly side of Main Road. New York State Route 25;
THENCE along the northerly line of Main Road. New York State Route 25
South 80 degrees 27 minutes 47 seconds West a distance of 50.61 feet to
the land now or formerly of Kluger;
THENCE along the land now or formerly of Kluger North 17 degrees 49
minutes 50 seconds West a distance of 222.97 feet to a point;
THENCE along the lands now or formerly of Kluger and the lands of
Bergen South 66 degrees 15 minutes 10 seconds West a distance of 234.55
feet to the land of Gardner;
THENCE along the lands now or formerly of Gt'abowski North 38 degrees
30 minutes 50 seconds West a distance of 98.52 feet to the land now or
formerly of Aliperti;
THENCE along the lands now or formerly of Aliperti North 51
degrees 21 minutes 10 seconds East a distance 326.52 feet to the
southwesterly side of Rachel's Road;
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10916PG171
THENCE along the southwesterly & southerly sides of Rachel's Road
along a curve bearing to the left a radius of 175.00 feet and a length of
135.64 feet to a point;
THENCE North 51 degrees 21 minutes 10 seconds East a distance of
167.47 feet to a point and place of BEGINNING.
Containing 2.96 Acres
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TERMS FOR OPEN SPACE EASEMENT
1. The use and development of the portion designated as Open
Space Easement on Lot Number 4 of the Elijah's Lane Estates
Section Three subdivision, 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 the maintenance of livestock
and livestock productions (including cattle, sheep,
goats, horses and poultry) which are found acceptable
and reasonable necessary by the Planning Board;
d) Landscaped, wooded areas with lanes, walkways, foot
paths, ponds or brooks and recreational areas for
compatible recreational uses, which are found
acceptable and reasonably necessary by the Planning
Board and which are subject to approval by the
Planning Board.
2. That the following shall be adhered to on that portion of
Lot Number 4 outside the Building Envelope which is
designated the Open Space Easement for the purpose of
maintaining said premises in its current condition for
continued agricultural production and to prevent the
degradation of loss of the aesthetic open space and
agricultural value of said premises:
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TERMS FOR OPEN SPACE EASEMENT
Page 2
a) If at any time the ownership of the area shall change,
or the use of the area shall be changed from the use
present at the time of subdivision approval, (fallow
farmland) or any subsequently approved use, to any
other type of farm use in accordance with this
Declaration of Covenants and Restrictions, a
conservation plan shall be developed by the Soil
Conservation Service for this particular property. The
farming practices shall then comply in all respects to
this report, 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 spoil 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)
e)
f)
g)
h)
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.
No streets, roadways or other right of ways for
non-farming vehicular use shall be constructed or
granted thereon.
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.
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.
The said premises will forever be kept open and free
of all signs, bill boards or other forms of visual
advertisement of display.
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TERMS FOR OPEN SPACE EASEMENT
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il All structures, whether temporary or permanent, shall
be located within the building envelope for Lot Number
4 as designated on the final subdivision plat for
Elijah's Lane Estates Section Three. Temporary or
permanent structures or buildings shall not be placed
or erected within or upon the area designated as the
Open Space Area. Fences are permitted subject to
Planning Board approval.
jl Retail sales shall be restricted to the sale of items
produced on the property, and shall be subject to
Planning Board approval
3. The Open Space Easement area is located within the Special
Groundwater Protection Area (SGPAl, and therefore, any
future use of this area shall be subject to any
restrictions required for property within a SGPA.
4. That the Declarant reserves the right to the exclusive use
and possession of the area known as the Open Space
Easement, to the extent not inconsistent with the covenants
and restrictions hereinabove set forth; and Declarant may
exclude the general public or any designated person or
persons from the use of or entry upon the said Open Space
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 have not been violated, such inspection to
be at reasonable times.
3/8/94