[HISTORY: Adopted by the Board of Trustees of the Village of Munsey
Park as indicated in § 141-1 (Part 2 of the 1971 Code). Amendments
noted where applicable.]
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Under date of March 20, 1945, all of the rights, powers and privileges
under the Protective Restrictions previously vested in the Corporation known
as "Munsey Park, Inc." were assigned to the Incorporated Village of Munsey
Park to be thereafter exercised by the Board of Trustees of the Village.
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Before the permits and certificates required under the Zoning Ordinance
and the Building Code[1] may be issued, the approval of the Board of Trustees as to compliance
with the Protective Restrictions must be obtained. This procedure, including
fee, is entirely separate from procedure under the aforementioned ordinance
and code.
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The following are excerpts from the Protective Restrictions.[2] Section numbers have been inserted for convenience and do not
appear in the original.
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"Sixth: Architectural Control: No building, fence,
hedge, wall sign, billboard, awning, pole, radio antennae or other structure
of any kind, whether similar to the foregoing or not, nor driveway nor walk,
nor change of grade, shall be commenced, erected or maintained upon any property
subject to this Declaration (including the lots specified in paragraph Second
hereof) nor shall any addition thereto or change or alteration therein be
made unless the design thereof, in such form as the Corporation may demand,
shall have been submitted in duplicate to the Corporation, and the nature,
kind, shape, height, materials, floor plans, elevations, color scheme, location
of such structure upon the lot, and grading plans of the lot plans for sewage
disposal, if any, shall have been approved in writing by the Corporation.
One copy of such design as finally approved may be retained by the Corporation,
and no structure, driveway or walk shall be erected, maintained, added to
or altered, nor any grade changed, nor sewage disposed of, except in accordance
with such approved design or modification thereof approved as hereinabove
provided.
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The Corporation shall have the right to refuse to approve any such design
which is not suitable or desirable, in its opinion, for any reason, aesthetic
or otherwise; and in so passing upon such designs it shall have the right
to take into consideration the suitability of the proposed structure, driveway
or walk and of the materials of which it is to be built, or the proposed change
of grade, to the site upon which it is proposed to make the same, the harmony
thereof with the surroundings, and the effect of the structure or alteration
therein, driveway, walk or change of grade as planned on the outlook from
the adjacent or neighboring property, and any and all other factors which,
in its opinion, shall affect the desirability or suitability of such proposed
structure, driveway, walk or change of grade.
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The Corporation shall, within 15 days of the receipt at its principal
place of business of such design in the form required by it, signify its approval
or state the nature of the changes which will be required in the said design,
and if the Corporation shall fail to state its approval or disapproval in
writing within 15 days, then such design shall be deemed to have been approved.
In any event, after the expiration of one year from the date of completion
thereof, any structure or alteration shall be deemed, in favor of purchasers
and encumbrancers from the owner of the lot affected, to comply with all the
provisions of this paragraph unless notice to the contrary shall have been
given to such purchasers or encumbrancers or suit shall have been instituted
to enforce such compliance.
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Upon the filing of a certificate of dissolution of the Corporation,
the duties imposed in this section shall cease unless prior to such time the
Corporation shall have assigned the rights conferred upon it in this paragraph
as hereinafter provided."
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"Seventh: Extension of Restrictions: The Corporation
may extend these restrictions or any part thereof, with the burden and benefit
thereof, to any other property owned by it by a statement that it is intended
thereby to render said property subject to these restrictions: (a) specifying
the property intended to be thereby subjected to these restrictions; and if
it is to be subjected to less than all of these restrictions specifying the
parts thereof to which it is to be subjected; (b) specifying the uses to which
such property may be put, and the free-spaces to be maintained thereon; and
(c) specifying changes and modifications, if any, of these restrictions in
their application to such additional property.
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Such statement may be contained either in a supplementary declaration
of restrictions to be recorded in the office of the proper recording officer
or in any deed to such property. The Corporation in such supplementary declaration
or deeds may impose other and further restrictions upon such additional property."
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"Eighth: Modification of Restrictions Other Than Use:
The Corporation, with the consent of the owner of any lot, shall have the
right, by an instrument duly recorded in the office of the proper recording
officer, to modify or release any of the restrictions herein set forth or
provided for other than the restrictions contained in paragraph First or Third
hereof whenever, in its opinion, such modification or release will be advantageous
to the harmonious development of the lot and will, in its opinion, not be
detrimental to the adjacent property."
"Ninth: Change of Use: The classification of use established
by paragraph Third hereof or by any supplementary declaration affecting other
property hereafter subjected to these restrictions pursuant to paragraph Seventh
hereof may be modified, changed or annulled as to all or any part of the property
subject thereto (subject always to the restrictions contained in paragraph
First hereof) by an instrument duly recorded in the office of the proper recording
officer, duly executed by the Corporation together with the then owners of
record of not less than 2/3 in the area of the property (exclusive of streets
and public spaces) which shall abut on either side of the street or streets
upon which the property affected abuts and within 300 feet of the property
affected or lying within the same block as the property affected and within
300 feet thereof, provided that the consent shall not be required of the owner
of any property not then subjected to this declaration or a supplementary
declaration, and provided further that after the filing of a certificate of
dissolution of the Corporation, such instrument need not be executed by the
Corporation, but if the Corporation shall have assigned its powers hereunder
as provided in paragraph Twelfth hereof, such instrument need be duly executed
by such assignee. Such instruments shall specify the property affected thereby,
and the use or uses to which such property may thereafter be put."
"Tenth: Duration of Restrictions: All of the restrictions
contained herein or in any supplementary declaration shall run with the land
and inure to the benefit of the successor owners thereof (subject to the rights
of change or modification herein provided for) until January 1, 1970, and
shall as then in force be continued automatically and without further notice
from that time for a period of 20 years, and thereafter for successive periods
of 20 years each without limitation unless not less than five years prior
to January 1, 1970, or not less than five years prior to the end of any successive
twenty-year period thereafter a written agreement shall be recorded with the
proper recording officer, by the terms of which any of said restrictions may
be changed, modified or extinguished in whole or in part as to all of the
property then subject thereto or such part thereof as many be described in
the said agreement, in the manner and to the extent set forth in the said
agreement, which shall be duly executed and acknowledged by the then owners
of record of more than 1/2 in area of the premises therein described other
than streets and other public property. In the event that any such written
agreement of change or modification be duly executed and recorded, the original
restrictions as therein modified shall continue in force for successive periods
of 20 years each unless and until further changed, modified or extinguished
in the manner herein provided. Such agreement when recorded shall be effective
as of January 1, 1970, or as of the end of the succeeding twenty-year period
during which said agreement shall be recorded."
"Eleventh: Definitions: For the purposes of these restrictions,
the following words shall have the following meanings:
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(A)
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The word "lot" shall mean a parcel of land shown upon a filed subdivision
map or parcel exclusively appurtenant to one building (together with accessory
buildings where permitted hereunder) having an area in a single-family residence
zone of not less than 8,000 square feet, or any resubdivision of such parcels
approved in writing by the Corporation, provided that such resubdivision shall
comply with such definitions of "lot" and that any buildings erected thereon
or on any such subdivisions shall otherwise comply with the provisions of
these restrictions.
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(B)
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The word "street" shall mean any street, highway or other thoroughfare
whether or not dedicated to a municipality and whether known by the name of
Street, Avenue, Place, Lane, Road, Plaza, Crescent or any other name.
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(C)
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The word "restrictions" includes restrictions, reservations, servitures,
covenants, agreements and easements.
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(D)
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The word "design" includes plans, specifications, elevations, models,
sketches, samples of color and samples of materials.
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(E)
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The words "proper recording officer" mean the officer with whom deeds
of the property affected by the instrument in question shall at the time of
recording such instrument be required to be recorded.
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(F)
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The word "declaration" shall mean this Declaration of Restrictions and
any supplementary declaration executed and recorded as provided in paragraphs
Seventh, Ninth or Tenth hereof."
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" Twelfth: The Corporation specifically reserves the right at any time
to assign to any other person, firm, association or corporation, municipal
or private, any or all of the rights, powers and privileges conferred upon
it by this agreement, and any of the said rights, powers and privileges so
assigned shall thereafter be exercised by such assignee as fully as herein
conferred upon the Corporation.
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In case of doubt in the application of these restrictions, the Corporation
shall have the right to determine upon which street or streets a lot shall
be deemed to front, upon which side of a lot the side and rear yard requirements
shall be deemed to apply, and the side of a proposed structure upon which
the height thereof shall be measured.
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The consent of the owner of any property, once given, to the modification
or release of any of the provisions herein contained shall bind all future
owners of the same property. Failure of any property owner to enforce any
of the restrictions herein contained shall in no event be deemed a waiver
of the right to do so thereafter."
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"D.
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In addition to the foregoing the Corporation may require the payment
of a reasonable fee for architectural services in connection with the approval
on any design submitted under provisions of paragraph Sixth of said Declaration,
and no such design shall be deemed to have been submitted to the Corporation
unless such fee shall be paid at the time such design is presented to the
Corporation."
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The assignment of Protective Restrictions to the Village by the Corporation
is recorded at the County Clerk's office, Nassau County, N.Y., in Liber
2962 of Deeds at page 563.
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