HomeMy WebLinkAbout1000-107.-10-10,- 10019 1;572
DECLARATION OF COVENANTS AND RESTRICTIONS
This Declaration, made and dated the /r~day of ~ 1986
by Long Island Nurseries, a co-partnership, with offices at 400
Town Line Road, Hauppauge, New York, hereinafter referred to as
the Declarant: W I T N E S S E T H:
Whereas, the Declarant is the owner in fee simple of the
following described property:
ALL that certain plot, piece or parcel of land, situate, lying
and being at Mattituok, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Middle Road
(C.R. #27 and now C.R. #48) where the same is intersected by' the
northeasterly side of land now or formerly of Frank or Anthony T.
Krupski, which point is distant 680.66 feet northeasterly when
measured along the northwesterly'side of said Middle Road (C.R.
#27 and now C.R. #48) from the easterly side of a curve
connecting the northwesterly side of said Middle Road (C.R. #27
and now C.R. #48) with the northeasterly side of Mill Lane, and
from said point of beginning;
RUNNING'THENCE along said land of Krupski, the following courses
and distances:
1. North 33 degrees
point;
2. Nouth 34 degrees
point;
3. North 34 degrees
point;
29 minutes O0 seconds West 550.86 feet to'a
13 minutes 10 seconds West 208.50 feet to a
46 minutes 10 seconds West 161.o3 feet_to a
Vi, ['$~--JTHENCE North 54 de~ree~ 21 minutes 30 seconds East 697.21 feet to
land now or formerly cz Barney Sidor;
THENCE along said land, South 35 degrees 38 minutes 30 seconds
East 555.61 feet to the northewesterly side of said Middle Road
(C.~I. #27 now C.R. #48);
THENCE southwesterly along the northwesterly side of said Middle
Road (C.R. #27 now C.R. #48) along the arc of a curve bearing to
the right having a radius of 2231.83 feet, a distance along said
curve of 816.83 feet to the point or place of BEGINNING, and
WHEREAS, at its regular meeting held on the 6th day of February,
1985, the Suffolk County Planning Commission resolved to approve
the subdivision plat entitled "Minor Subdivision - Long Island
Nurseries", subject to certain conditions, and
WHEREAS, the the Planning Board of the Town.of Southold has
· 1001
requested the Declarant to file such conditions in the form of
Covenants and Restrictions with the Office of the Clerk of the
County of Suffolk, and
WHEREAS, the Declarant desires to comply with such request,
NOW THEREFORE, in consideration of the premises, Declarant
declares as follows:
1. No lot shall be subdivided or its lot lines changed in
manner at any future date unless authorized by the Town of
Southold Planning Board.
any
2. Any further subdivision of
future shall have a map of the
the County Clerk.
any part of this tract in the
subdivision filed in the Office
of
3. Any driveway on Middle Road shall make an angle of at least
70 degrees, and preferably 90 degrees with the county road.
4. Lot 2 shall have a turnaround provision, such as a
shunt, so that a vehicle leaving the lot will not have
out into the traffic stream on the road. ' ~
T-shaped
to back
5. All stormwater runoff resulting from the deveIopment and
improvement of this subdivision or any of its lots shall be
retained on the site by adequate drainage structures so that it
will not flow out. onto the right-of-way of Middle Road.
6. All prospectiv~ owners of lots within t..is subdivision shall
be advised that this subdivision is located within one mile of
Mattituek Airport and, therefore, may be subjected to noise
emanating from the facility and from aircraft flying overhead or
nearby~
7. All residential structures that are erected within this
subdivision shall be constructed using materials and techniques
that will reduce interior noise levels in accordance with the
recommendations of' the Department of Housing and Urban
Development or other authority that has. promulgated standards for
reduction of interior noise levels.
These covenants and restrictions apply only to the premises
hereinabove described, and in no way affect adjacent premises
owned by the Declarant.
These covenants and restrictions can be modified only at the
request of the then owner of the premises with the s~broval of a
majority plus one of the Town 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.
10019 P §74
IN WITNESS WHEREOF,
y~FAF day of
the Declarant has set his hand and seal this
1R86.
LONG ISLAN~,~N.~URSERIES,
B~JAMIN KASPER, Partner
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLKS.
On the /Tf~day of~/~ 198~, before me personally came
BENJAMIN KASPER, to me known to be the individual who executed
the foregoing Declaration of Covenants and Restrictions, and
who, being duly sworn by me, did depose and say that~he is a
patter of the firm of LONG ISLAND NURSERIES, a co-partnership,
and that~ he executed the foregoing instrument in the firm name
of LONG ISLAND NURSERIES, that he had the authority to sign
the same and he
act and deed of
acknowledged to me that he executed the same as
said firm for the uses and purposes therein ~
mentioned.
~otary Public
JULI£TTE ,',. KUtSFLLA
() L E i'~ K OF
SUFFOLK COUNTY
STATE OF NEW YORK
SS.:
Co~unty of Suffolk
I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of
the State of New York in and for said County (said Court bein~;~,a Cou~rt of Re~;o,~r~.~) DO
HEREBY CERTIFY. that I 13,3ve con3pared the annexed copy of ,~ ~. ' . ~., ~",>-J,,
and that it is a just and true copy of such original '...//..-/-~-~-'-~-=~"-- and
of the whole thereof.
· IN TESTIMONY WHEREOF,..I have hereunto set my hand and affixed the seal of said
~nty and Court this /~ day of
12-10911/84