1923 DEED - DEED RESTRICTIONS
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This Conveyance Is Made Upon The Condition That Streets, Avenues, Roads And Drives Here In Mentioned  And Described And The Parks And The Beach Here In Mentioned And Described Are Always To Be And Remain Open To The Free Access Use And Enjoyment Of The General Public. Said Streets, Avenues, Roads And Drives Are Always Maintained And Used As Public Highways By The General Public. Said Parks And Beaches Are Always To Remain Open To The Free Access, Use And Enjoyment Of The General Public. No Buildings Of Whatever Kind, Name Or Nature Are To Be Erected In Said Park Or Upon Any Of The Streets, Avenues, Roads And Drives Or On The Beach Without The Written Consent Of The Party Of The First Part Or Nor Are Any Concessions For The Use Of Any Said Parks Or Beaches For Other Than Park Purposes To Be Granted Without The Written Consent Of The Party Of The First Part.  

 
The House Built In Point Breeze Drive Violates The Above Deed Restriction. If The Town Board Had Enforced The Town's Building Code Requiring A 40 Foot Setback, The Property Owner Would Not Be In This Predicament. Confusing An Easement To Land As Opposed To Ownership Of Land Is A Failure Of The Property Owner And The Town Attorney.