HomeMy WebLinkAbout1000-31.-2-14
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DECLARATION OF COVENANTS & RESTRICITIONS
This AMENDED INDENTURE made the 4th day of July 1996 by Donna Iglesias Wexler,
residing at 8335 Main Rd., East Marion, New York 11939. (MAILING ADDRESS: Stirling Harbor
Marina, 1410 Manhanset Ave., Greenport, New York 11944) herein after called DECLARANT.
WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at East
Marion, Town of Southold, Suffolk County, New York and designated on the Suffolk County Tax Map as
District - 1000, section - 031.00, block - 02.00, lot - 032.001, libre 11187 CP 443. INFO from tax bill:
47388931. - 232.1, Acres - 18.50, 473802- Oyster ponds School, 210-1 Family RE 5, being the same
premises acquired by the Declarant by deed dated 11115/90, recorded 12/12/90 in LIBER 11187 CP 443 in
the Suffolk County Clerk's Office and referred to herein as the "PREMISES" and
Whereas, the Declarant in tends to acquire a lot line change to said premises for
residential purpOses and desires to subject said premises to certain conditions, covenants & restrictions in
order to preserve the maximum open space, natural scenic beauty, farming land which is rented to two
exisling farmers & natural vegetation which will aid in the conservation of all natural resources of the
Town of Southold, and
Whereas, the Declarant has applied to the Planning Board of the Town of Southold for
approval of the lot line change, which will contain a parcel of 2 houses, one barn & a gazebo on a lot of
120,000 sq. ft. ( 3 Ac.). PLEASE SEE #3.
, Now therefore, the Declarant does hereby declare that the aforesaid premises and every
portion thereOf is hereby held and shall be 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
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thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants,
conditions & ~trictions here in after set forth:
I. These covenants and restrictions can be mOdified only at the request of the 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 modifications shall not be required.
2. That all of the covenants, conditions & restrictions contained herein shall be construed as real
covenants running with the land & shall continue and remain in full force & effect at all times as against
the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions & restrictions
shall be binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs, successors
& assigns any owner of any portion of the aforementioned premises their, successors & assigns, and the
Town of Southold, and its successors and assigns and their failure of any of the foregoing to enforce any
of such covenants, conditions & restrictions shall in no event be deemed a waiver of the right to do so
thereafter.
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3.The project involves a minor subdivision designed as a cluster subdivision in accordance with
section 278 of New York Slate Town Law. When lot number 2 (15.247 acres)(really 15.5 acres if you
check the lax bill, which is included) is separated from the entire lot of 18.47 ac. and lot number I of
(120,000 sq. ft. ) will remain for use as residential.. The site and area are zoned low density residential R.
40. Both lots created by this minor subdivision meet the requirements for clustered subdivisions, thus the
proposed action is consistent with zouing.
The applicant will have to comply with the requirements of the Suffolk County Sanitary Code
(SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow
specifications, subsurface soil conditions and site plan details will have to be approved by the Suffolk
County Dept. of Health Services (SCDHS). This impact is not considered significant due to the anticipated
project compliance with established requirements of the SCSC and the SCDHS and the required relevant
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permits.
IN WITNESS WHEREOF, this indenture has been executed the day first above written.
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Donna Iglesias Wexler
Slate of New York
55.:
County of Suffolk
On the B"lli- day o~ 1996, before me personally came Donna Iglesias Wexler, to me
known to be the individual described in and who executed the foregoing instrument and knowledge that
he executed same.
NOTARY PUBLIC : SlateofN rk
UNOA M. TO"'YES
NMIry Publle, StSIG of N.:.w YorIc
No. 4842868. SuIre;:: Cou}li}'
Term Exp/rea October 3. 18~
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