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HomeMy WebLinkAbout1000-99.-3-4.1 , .1 l ~~ ~ o -' '-\ ~ '" ... o -' 01 ~ z ~ 0 ;:: ... w '" I3iJ .-...- >- (;:) ,> ~ '" ... C) !!! Q "'" .~ 'I ., . '. .. o L;&ER9U85r!G~ 497 n " il ;,. il ii n r I Ii Ii . 0, Ii ti II Ii I I DECLARATION made this IS~ day I GATZ, residing at (no #) Soundview hereinafter called the Declarant. I WHEREAS, the Declarant is the owner in fee simple of the following described premises: IJECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS HONEYSUCKLE HILLS AT MATTI TUCK of 00.+0/:'(>("'" , 1981, by Avenue, Mattituck, New WALTER York, I I ,I ALL that certain plot, piece or parc i & IE & a \lJ7 ri: of land in the Town of Southo1d, County " I!J 15 Suffolk, 'State of New York, known and d - nated as Lots I through 18 on a certain SEP3 0 19!1 enti i-.led "Nap of Honeysuckle Hills at Mattituck, Town of Southold, Suff Co., ~. County of Suffolk on the II. H-day of <D ' 1981, as Map No.10I? .,; , I '11 ;." n ~LO TOWN 'LJlNN/NG BOAIlO WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions, and agreements, subject to which the property shown on said mii;p is now held and shall be, sold and conveyed. \, II II I I 1. Definition of lot. A "lot" is such parcel as is sepa-' irately numbered as a building lot on the aforesaid map. I 2. No lot shall be subdivided, sold or conveyed, except as , I a whole, without the written permission of the Declarant or his II successors or assigns, and the consent of the Planning Board of Ii the Town of Southold. No lot shall be used for access to II adjoining property. ~ ,"" ' ' li.J. No lot shall be improved or have placed or main tained j thereon any s,tructure other than a single family dwelling, not to I: exceed two stories in height with a detached private garage for Ii not more than three (3) automobiles. A two-story dwelling shall H contain a first floor area of not less than 1,000 square feet, n and a one-story dwelling shall contain a floor area of not less 11 than 1,400 square feet, exclusive of detached garages, carports, Ii open breezeways, patios, terraces or basements. Asbestos siding i shall not be used on any dwelling or structure. ~!! " " ;l I: ~ If ~ (1 ,> \"- Ii ~:, NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: 11 I Ii " .: Ii ~ : "":,-"j" ',', \>,~,.j , ;1 (ll;,~;\. , .____H ;, ....c.."-___..n_.'__.___. ...."_ , r " :: , " II , J . ,I " , -j! /i ".' . .~ lI8E,0085I'AGf 498 ! I 4. No building or structure shall be erected on any lot until the building plans as to the site location, outward appearance and design, including driveways and landscaping, have been approved, in writing, by the Declarant. .There shall..be no alteration to the exterior of any dwelling or structure except in 'accordance with the plans and specifications which have received the prtor written approval of the Declarant or his successors and assigns. All dwellings and structures shall conform to all .,J; applicable codes and regulations of the Town of South old, and no' ;" variance threof may be obtained without written approval of the ' Declarant or his successors or'assigns. Two copies of proposed plans and specifications shall be submitted to the Declarant, his successors or assigns, one of which, when approved, shall be ' returned to the owner with such approval endorsed thereon. If the Declarant, his successors or assigns, shall neither approve or disapprove the plans and specifications within 30 days after they have been received by the Declarant, the plans and specifications shall be deemed approved. . '!-'o" 6. No signs other than one identifying the owner's name and number of the house or professional sign shall be erected on the premises. permissible signs shall not exceed lO inches by 20 inChes, comprised of a white field with black letters or a black field with gold letters.. This restriction shall not prohibit the Declarant, his successors or assigns, from using said premises or any part thereof for the sale of real estate, inCluding the right to place subdivision advertising signs or model home signs on the premises. 5. No lot shall be used or maintained for any purpose other, .than a one-family residence. No trade, business or manufacturing: shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, however, are the' , professions of medicine, dentistry, law and architecture, 'pro-, viding the professional business does not exceed the licensed practitioner who is a resident in the dwelling on the lot and one' assistant. No obnoxious or offensive activities shall be car:ded: on upon any lot, nor shall anything be done on a lot whi~h may beco~e an annoyance or nuisance to the neighboring properties. 7. No fences or exposed clotheslines shall be erected or hedges grown upon the property without prior written approval of ,Ii the Declarant, his successors or assigns. I I 8. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats, or other household pets provided they are not raised, bred or main- tained for any commercial purpose. No animals shall be housed on the exterior of the premises. III, 9. All debris and excess building materials must be removed I from any lot prior to occupancy. No area of the premises may be j used for the dumping of garbage or other debris, and all such I materials shall be stored in sanitary containers and shall be i removed regularly from the premises. The grOlinds of each lot I shall 'at all times be reasonably well maintained. , 11 ! ~ j) ., " I; 'I !i I' I! n i: I: i: Ii 10. No swimming pools shall be constructed above grade. I I -2- . ,'--'......--. Ii I, I , , , , , : , II . . .u I. . I' .. j " ;. lI&E,9085p-'lE 400 , . I I ! 11. walls, plated All exterior construction; including rool, exterior painting, windows, doors and landscaping shaUbe cOlll- ",' within one (1) year from the date construction commences. ,12. No electric or telephone poles shall be allowed on ,the premises as all utility services for electric and telephone will be installed by a residential underground system. ," , 13.' The Declarant, his successors and assigns, reserve the right to dedicate all streets, areas reserved for future highway dedication, drainage areas and easements to ,the Town of Southold' for highway and drainage purposes. 14. The Declarant, his succesSOrs and assigns, sets aside and reserves for' the use and enjoyment of . the lot owners in perpetuity the following parcels appearing on the ,"Map of Honeysuckle, Hills. : at Mattituck" and marked as "Reserved Area A (park &Recreation" Area)", "Reserved Area B", and "Reserved Area C' (park & Playground Area)" subject to the following conditions: I (a) Declarant covenants and agrees when eleven (11) of the. lots. have been conveyed to third parties, Declarant will,' at. ' his own cost and expense, establish a not-for-profit corporation to be' known as "Honeysuckle Hills Property Owners Association"," hereinafter referred to as the "Association" andwith,l.n sixty (60) days thereafter convey to such Association all of't.he.right, title and interest of the Declarant in and to said Reserved Areas "A", "B", and "c" inclusive, together with areas reserved' fot' future highway dedication and the street known as "Lloyd's Lane", in the event said street has not been previously dedicated to the Town. of Southo1d,.""", (b) The use of the Reserved, Areas "A", "B" ,and "c" as shown on the filed map shall be for recreational and conserva- tional purposes in accordance with the rules and regulations as I may be promulgated by the Declarant or the property owners association to be formed. The Declarant, his successors or assigns, may construct recreational facilities in the Reserved Areas, subject to the approval of the Planning Board of the Town of Southo1d and any other governmental agency having jurisdiction ! thereof. I Ii 15. Upon the creation of the Association as hereinbefore II provided, every owner of a lot shall be deemed a ,member thereof, and shall be subject to the by-laws and rules and regulations I thereof. II 16. ~lithin sixty (60) days after the creation of said", II Association, by-laws sha.ll be adopted for the governing thereof; . I which said by-laws and any amendments thereto shall be approved r by the Town Board of the Town of Southo1d. " J . " . ' ii' 17, The by..laws of such Association shall, in addition to I other matters, provide for the following: II (a) The owner of each lot shall be entitled to one vote I at any meeting of the Association. I I II Ii Ii Ii !! !\ ;i. I' ;- :; ...~ . l ':i (b) Every lot owner shall be subject to a proportionate -3- J ~ ,.,-._._.~-...~._._-~,......;..--_.-~----_. . /. IT I I i I i . , '" " . il ,Ii . . I I , I' ~ , . U8E.OO85,AGf500 I share of the expenses of the Association including taxes, insur- ance, and any and all expenses incurred by the Association for, the improvement, maintenance and use of the property of the Association. ' .~ (c) Every lot owner shall have an equal right, in,common with all other lot owners, to the use and enjoyment of the property of the Association; subject, however, to the by-laws and rules and regulations of theA,ssociation. ' (d) The Association shall have the right to borrow such sums of money as it deems necessary for cost of the main- tenance and' improvment of its property and to secure, the same'by'? a lien on its property'" ' (e) The Association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and a,g, charges due the' ASsociation .'All such Ullpaid charges '" shall be a lien on the lot of such owner and the, Association' shall have the right to collect same and to enforce the lien thereof by any means authorized bylaw. (f) The Association Shall pay all taxes, assessments and. other oharges imposed 'by any governmental agenoy a,s and when the same"are, due and payable. l ,- . : I , ;'J " (g) The Association shall maintain adequate fire, public ' liability and such other insurance as it deems necessar~ for the protection of its property and members. 1:; (h) The Association shall use, operate and maintain all of its streets, Park and Reoreation Areas, and other property owned by it in a safe and proper manner and in accordance with the laws, rules and regulations of the Town of Southold and other governmental agencies having jurisdiction thereof. ..,r," (i) The duration of the Association shall be perpetual. lB. These covenants and restrictions shall run with the land and shall bind and inure to the benefit of the lot owners, their successors and assigns until January 1, 2010, after which time ! they shall be automatically extended for success,ive periods Of, 'ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such oovenants , I and restrictions in whole or in part, shall have been recorded; \' however, notwiths,tanding any of. the above Reserved Areas' "A", "B", I and "c" inclusive, shall remain in perpetuity. , ' , ' ' ""1'1 '19. These covenants and restrictions may be enfOrced by an , action for damages or injunctions' or both. ThelJeclarant, his jl successors or assigns, hereby reserves the right to alter, modify, ',I extend" terminate or annul any of these covenants in wnole, or I in pa:rJ;",wi tl10ut the consent of any person; px:oviding, however, , II that any modification or termination shall not affect the Re- II served areas "A",' "B" or "C". II 20. Invalidation of any of the aforesaid covenants and 1: restrictions by judgment or court order shall not affect any of I. the other provisions \"hich shall remain in full force and effect. I! Failure to enforce any of the provisions herein contuinad in any' Ii II ~ -4- I " H (: I, II :\ I I ,1,1 ,(' , '-., I II I I J COUNTY OF SUFFOLK: . /~f ' I On the - day of Ot:tottER , 1981, before me personally came I WALTER GATZ, to me known to be the individual described in and I who executed the foregoing instrument, and acknowle4ged that he executed the e_. 'J(~{t~..e . . . . -. . '. ,I t ... , ~ .' . . ." um9085r'Gf50I " , ii particular instance shall not be deemed a waiver of the right 'I I to do so as to any continuing, subsequent or other violation. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. I I I' <1/ //L. . YkT f.,- " er..-'J'.e:u.., / .. {,- - .,,~...' . Walter Gatz ~ STATE OF NEW YORK: 55. : " '., .",,-, I, ~r . . MARV lOU ooo08Kl ..woljlRY ...tlllll~, ....... If ~.. ,tit . No. &2,1000058 '."olt eolll, 0". _11I11'" ~..,... -" eo" If: 0.... . ............ ,.... ", ,-..........,..'v.... .'/, ..;,~...... I II il I, !, Ii i I , I I . , .1 I, F Ii '1 'i: n II ,I H " 'I i I I '~. . 11 ...._.A. Ii Ii ,i i' " " , Ii ~ i " i! 11. P :i l' .,01._.... .' ~.. . 1!Oo! " . -5- , i , I '..] " ,'.,!f'~ ,