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HomeMy WebLinkAbout1000-79.-5-20.12p E Ci~) N I C LAND Ti~U S T December 12, 2007 Heather Lanza Planning Department Town of Southold PO Box 1179 Southold, NY 11971 Re: Shellfisher Preserve 10273 North Bayview Road, Ext., Southold SCTM #1000-79-5-20.12 Dear Heather: As per our recent discussion, enclosed please find a map and copy of the C&R's for the above referenced property owned by the Trust. I will plan to attend the January 7, 2008, Planning Board meeting to update them on the status of the restoration. If you have any questions at all, please feel free to call me. Best wishes for the holidays! Sincerely, Pam Greene Director of Stewardship Enclosures 296 HAMPTON ROAD I P.O. 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PLANNING BOARD MEMB~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 August15,2006 Pam Greene, Director of Stewardship Peconic Land Trust PO Box 1776 Southampton, NY 11969 Re: Site Renovations for the Shellfisher Preserve SCTM#1000-79-5-20.12 Dear Ms. Greene: The Planning Board is in receipt of your letter dated July 24, 2006 requesting that a resolution of approval be issued for the following renovations on the above- referenced property: remove and replace in-kind 3 existing weirs/wave breaks; remove and replace ,in-kind 280 linear feet of existing functional bulkhead within the hatchery trough; dredge to 6' below mean Iow water within the weir area; dredge to 4' below mean Iow water within the hatchery trough and existing conduit with resultant 580 cubic yards of dredged material to be places at approved on-site location; remove and replace existing Quonset hut building with 12' high 22' X 44' steel building. This project has received approvals and/or permits from the Southold Town Trustees, the New York State Department of Environmental Conservation and the Army Corps of Engineers. After reviewing these permits in addition to the Declaration of Protective Covenants, Restrictions and Easements, the Planning Board has no objections to the proposed renovations and finds that no additional approvals from this Board will be needed. In making this determination, the Board finds that there is no change in the scope and intensity of the uses of the site and therefore conforms to the provisions of the approved subdivision. However, we ask that you continue to inform the Planning Board of any proposed changes to be made to the site, including those which deviate from the current renovation project. August 15, 2006 Peconic Land Trust Page Two If you have any questions or need additional information, please feel free to contact this office. Sincerely, _ ¢?]i~¥n B. Woo0house 61~airperson PECONIC LAND Mr. Anthony Trezza Southold Town Planning Department PO Box 1179 Southold, NY 11971 Re: Peconic Land Trust's- Shellfisher Preserve SCTM #1000-79- 5-20.12 Dear Anthony: TRUST July 24, 2006 As we discussed this morning, the Peconic Land Trust's renovation project at Shellfisher Preserve is scheduled to begin this fall. All the necessary funding for the project has been secured. It was my understanding from Tim Caufield after his update with the Planning Board last month, that due to the covenants and restrictions on the property, the Board would need to pass a resolution approving the renovation project. Project: The greenhouse is totally unusable at this time due to the lack of tidal water flow. The existing aquaculture greenhouse will be removed, the creekway and opening to the creekway that runs under the greenhouse will be dredged, some of the bulkhead will be repaired, and the greenhouse will be rebuilt. All the necessary permits (Southold Town Trustees, NYDEC and Army Corps of Engineers) have been obtained. Fnnding: Funding for the renovation project has been secured. The KeySpan Foundation is making a grant in the amount of $150,000 and the USDA is granting $99,900 from their Rural Business Enterprise Grant Program for the project. If this item could be added to the Planning Board agenda for either the first or second meeting in August, either Tim Caufield or myself' would be happy to attend in case anyone has any questions. Please don't hesitate to contact me if you have any questions at 283-3195, ext. 31. Thank you so very much for all your assistance!! Sincerely, Pam Greene Director of Stewardship Enclosures 296 HAMPTON ROAD I POST OFFICE BOX 1776 I SOUTHAMPTON NEW YORK 11969 PHONE (631) 283 3195 I FAX (631) 204 0711 ~'.peconiclandt rust.org Save Shellfisher Preserve The Peconic Land Trust Shellfish Initiative: To raise $250,000 to restore the historic shellfish farm at She#fisher Preserve Shellfisher Preserve is the site of the former Shelter Island Oyster Company shellfish farming facility, owned by John & Anna Plock and John Plock Jr. The water systems and aquaculture buildings built in the late 1960's still function today. They are in need of repair in order to expand the space available for shellfish cultivation. The Plocks conceived of and constructed these state-of-the-art cultivation systems during the infancy of the modern shellfish farming industry when oyster farmers found they could no longer depend upon natural sets of oysters to survive. These historic and unique buildings consist of an underground hatchery, and a greenhouse straddling a creek-way. The Peconic Land Trust received 14 acres of the Shelter Island Oyster Company facility as a gift from the Plock family in 1996. The general goal of the Peconic Land Trust has been to manage the site for shellfish aquaculture research, education and as an opportunity for small-scale aquaculture companies to have access to the water-front. Our immediate goal is to raise $250,000 toward the renovation of this unique facility. From the beginning the Trust has worked in partnership with the Cornell Cooperative Extension Marine Program to manage the facility and ongoing program. The Trust will also be partnering with the Noank Aquaculture Cooperative who is a shellfish growers cooperative comprised of small-scale business operators. The members spawn, grow and market oysters, hard clams and bay scallops. The mission of the Noank Aquaculture Cooperative is to foster the development of responsible small- scale shellfish farms. They also form partnerships with researchers, schools, community groups and other non-profits to promote the understanding and the health of the estuary on which we depend. Restoring Shellfisher will: · Provide access to the waterfront for small-scale growers, many of whom are local baymen seeking a way to sustain a living on the water through shellfish farming. Hatc~y L? Underground the Lands of Shellfisher Preserve Town of Southold Suffolk County, New York Site Plan Peconic Land Trust 631204071i PECONIC LAND TRUST PA(~E 0i PECONIC LAND TRUST 296 ltamptonRoad, PO Box 1776, Southsmpton, NY 11969 Phone: (631) ~83-319~ F~x: (g31) 204-0711 www,oeconiclandtrust, org FAX TRANSMISSION COVER SHEET DATE: TO: FROM: FAX NO: RE: /3 MESSAGE: PECONIC LAND TRUST - PROTECT OUR HERITAGE !4;25 6~12B40711 PECONIC L~ND T~U~T P~L~E 02 DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EAS]~4ENT$ PLOCK SHELLFISHER PRESERVE at Bayuiew, Town 0~ Southold SU~olk County, New York DBC[.~R~'P!(%N ma6e thi~ day of , 1995, by ANNA K. PLOCK, ~esiding at 945 Hobart Road, Southold, 14ew York 11971; CAROL ~NNE WEIL f/k/a CAROL ANN~ ~LOCK, residing at 10003 North Bayv~w ~ead, ~outhold, New York 11971; D~ORAH ANME PLOCK, re~[4ing a~ 415 Oaklawn Avenue, Southold, New York 11971; WILLIAM JO,H~ PEr, q, residing at 945 Jockey Creek Drive, Sou~hold, New ¥~,;k 1].97[; KATHE~IN~ MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK, re:.~i,~iag a~ 745 Case's Lane, Cu~chogue, New York 11935; CAROL A~qE WEI~, f/k/a CARO~ ANNE PLOCK, Trusuee under the Will of JO~N I.. PLOCK, JR., residing at 10003 North Bayview Road, Southold, New York 11971; RICHARD F. LAKK, residing at 28785 Main Road, Cutchoque, New York ].1935, JEROME F. HOLUB, JR., residing at 78 D~bbie 5an~, Berkele~ ~ei~hts, New Jersey 07922, and W~LLACE KA~]DELL, residing at 10578 S=onebridge Road, Boca Raton, Florida 3349~, T~u~t~eS of the Trust under the Will of JOHN L. ~LOCK; %~r~Ja~f~er ceferred to as the "Declarants". W~{)~R~£kS, Oeclarants are the owners in fee simp].~ of the fohlowing real property: ALb these c~rtai~ plots Or parcels of laud in t!~,~ Town of So%~thold, County of SuffoLk, State of New Yo~k, k~own and designated as Lots 1 through 5 o~ a oertain map entLtled "Map of Plock Shellfis~er Preserve" at Bayview, Town of Southol~, Suffolk Co4nt~, New York, to be filed in the Office of the Cle~}( of the County of Suffolk; and whic~ land is more particularly bounded and described in ~ttachment 1. WHEREAS, Declarants desire the values of the lots and amenitie~ as shown on the subdivision map as more particularly ~escribed in Attachment 1, and for the maintena~lce of roadways and easemen~ areas a~d therefore create a homeowners association known as the 'PloCk She%lfisher Homeowners Association, Inc." under the not-for-profit cerpora- tio~ law of the State of New York for the purposes o~ maintaining, administering and enforcing the covenants and restrictions; and W~REAS, the Planning Board Of the Town of $outhold, as a condition of grant,nE subdivision approval, requires certain covenants and restrictions be placed on the ~roperty. NOW, THEREFORE, the aforedescribed Dremises shall be $~bJect to the fo~lcwiog cove~ants, reStriCtions and ease,~ents which shall ru~ wi'~h the -1- EXHIBIT K PECOHIC LAND TRUST 130 ARTICLE I. EASEMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. 'i'!,~ ~asemer~[;q hereinafter described shall be appurtenant t,) 4,~d ~;h 1~ ] pa']s with the ~itle to every LOt to which the ease- ~3. ~.o~:~ l, 2, 3, 4 an~ 5 shal% each have a~ easement, in Bayview Road to th~4 ~ou~herly portion of Lot 5 as shown on the ~ub(]ivi~[on m3p a~ "Righ~ of Wa~", for the purpose of ingrass, egress, am~ instal, tat[on, maintenance and inspection o~ u~.l~Jes. The expenses as determined by the HOmeownerS A~oc [at [on to be incurred for the i~prove~ens~ ~aintena~ce and u~e o[ this portion of the easement ar~a as described in Schedule A shall be $ha~ed equally by each of the owners of Lots 1, 4 and 5. C. Lots 1, 2, 3 and 4 shall each have an easement, 50 feet in width, over and through portions of Lot 5 as shown on the subdivision map as "Right of Way" to the southerly portions of 5ors 1 and 4, for the purpose of ingress, ~ress, and inssallation, maintenmnce and inspection of utilities. Tho expenses as determined by the Homeowners Association to be incurred ~or the improvement, maiDtenance and use of ~his portion of the easement area a~ described in ~hedule ~ shall be shared equally by the owners of Lots 1, 2, 3 and 4. D. Lots 1, 2, 3 and 4 shall each have an ~as~ment across por~ion~ of Lots 1 and ~ as shown on the subdivision map as "Right o~ Way" for the purpose of ingress, egress, and installa- tion, maintenance ama inspection of utilities. The e~pense~ as detarmined b~' the Homeowners AssoGiatio~ to be incurred for the improvemenh, maintenance and ~se of thi~ portion of the easem~ng area as described i~ Schedule C shall ~ share~ equally by the owness cf Lots 1, 2, ] and 4. E. Lots 1, 2, 3 and 4 shall each have an exclusive easement mcro~s a portion of Lot 4 as shown on the subdivision map as "Easement" and an easement in common with other~ acros~ portions of Lot 5, as shown on the subdivision map as "Boat Area", al% as described in Schedule O, for purpose~ of foot passage to and from the Lagoon and for the dockage of ~ats and parking of vehicles. F. Lot~ 1,' ~, 3 and 4 s~a%l each have th~ right to park one vsh[,~l,~ p~r lot in the Boat ~as~ment Area in conjunction with the lot owner's use o~ this area. The two 75' x 9' wooden boat finger Dier~ located in the Boat Easement Area shall ~ ~ned by the owners of Lots 1, 2, 3 and 4 (Lots 1 and 2 s~all own the ea~t~%,~ly pla~ as tenan~ fn common; Lots 3 ag~ 4 shall own the ~?~i..~ciV o[,]r as tenants in ~ol~o~). The owner~ of Lots 1, 2, 3 au,I [ ~h ~1' have an easement: (a) to use and maintain these two -2- ~v/20/2~8~ ~4:2~ RECONIC LAND TRUST lB1 PAGE 84 wooden h.';a~. ~iager piers and their supports, and the 8' × colccato buitding located in the easement alee; (b) to i~stal~ u~3,~'~.~o~u<~ a]~ect[ic, telephone and water linen across Lot ~;.h' conc~-~i~ building and the two woode~ boat ~inger piers ~h.~ i)cat Easement Ar~a. The cost and expense o~ maintenance of ~h~.'. ~toat ~aseme~t Area an~ the [nstal~atlon of ~n~e~g~ound uti~i- ~:i.,~s a~]d t',~[~aLr of the two piers and conc~s~e building located in the Bo~l~ qasemen~ Area, as well as the general ~intenance of the easemen~ ~fea acuoss poctions of Lot~ 4 and 5 aB described in Sche~ul,~ D will ~ determined by the Homeowmers Association, and the :~h~9].l be ~ha~ed ,~qu~lly by the owners of Lots %, 2, 3 and 4. G. 5ol:s [, 2, ~ and 4 shall have an easement, in co,on with 0thec~, a¢~o~ and over portions of Got 5 as shown on ~he sub- division ma~ as the "Boa~ ~asement Righ~ of Way", for pur~osms vehicular [ngres~ and egre~ to the Boat EaSement Area- The e~penses, ~s deterained by the ~omeowners Annotation, to ~e incurred for the maintenance and use of this "Boat Easement Right o~ W~y" as described in Schedule E shall be the responsibility of ~. ~,ots 1, 2, 3 and 4 sha].i each hays the right to usa the entire i. agoon area north o~ the Boat Easement Area ~n common with others fo~ ingress and egre~s to and from the finger piers and Shelter Island Sound (Southold Bay). ~he dredging of this por- tion 0f the lagoo~ area and the channel to Shelter Island Sound (Southold Bay), and the maintenance of th~ wood bulkheads located on po[tion~ of Lot 5 shall be shared equally by the owners of Lot~ t, 2, 3, 4 and 5. The Homeowners ASsccia~io~ is a~thorized to arrange with Ray'on Shores Momeowners Association for tion of the cos~ to the lot owners o~ dredging the channel Shelter Islan~ ~ound (Southold Bay). I. The owner~ of ~o~s 1, 2, 3 a~d 4, their guests and invi- tees, shall each have the right ~o temporary daytime dockage boa~ along the wood bulkhead on Lot 5, so long a~ such dookage doss not interfere with ~at traffic i~ the la9oo~ and C~annel areas. J. The right to use the aforesaid easements for installa- tion, maintenanoe and inspection of u~ilities shall include, but not be limited to, the ~ight to connect with, ~aintai~ and make use of elsctrlc, telephone and cable television lines, wires, pipes, ¢onduius, water lines, sewers and drai0sge lines which may ~ro~ time tO time be i~ or along the streets and roads or other areas of the aforesaid easements. K. In the event that any portion of any roadway, walkway, driueway, Catch basin, leaching pool, drainage pipe, electric transformer, electric mete~, utility line, or any other structure as o~iginslly constructed by Qeclarantn encroaches on any lot, it -3- 07/2~/2005 i4:25 53120407ii PAGE 05 PECONiC LAND TRUST she1 ] b.i de?~n,l~ the o~ner o~ suc[% lot has granted a perpetual aa~.'~l~nt !i~ the o~n~r of the adjoining lot for continuing main- te,~anca ~nd ~lse o~ s~ch encroaching roadway, walkway, driveway, catch h~[n~, ~eaching pools, drainage pipes, electric trans- for~, ~ete~s, utility lines, o~ structure. The foregoin~ shali aisc a~ply to an~ replacements o~ any such roadway, walk- way, driveway, catch b~sin, leaching ~ool, d~ainage pipe, electric tcansforme~, electric meter~ or structure i~ same are constructed in substantial conformance to tlle original, a~ constructed~ The foregoing condition shall be perpetual in dura- tion and shall no~ be subject to amendment o~ these covenants and restrictions. ARtiCLE II. COVENANTS AFFECTfN~ LOTS 1, 2, 3, 4 and 5 A. There shall be no fusther subdivision of Lots l, 2, 3, and 5, as shown on the subdivision map, in perpetuity. B. No stormwater runoff resulting from the development and improvement o~ the subdivision or any of its five lots shall be discharged down the bluff or bank or info Southold Bay (Shelter Island So~nd). C. No residential structure shall be constructed or other- wise located within 75 feet of t~e mean high water iine of Southold Bay (Shelter t~land Sound); and no sanitary disposal facility shall be constructed or o~he~wise located within feet of the mean high water line of Southold ~ay (Shelter Island Sound), D. A Buffer Area shall be established extending 75 feet landwar~ from ~he mean high water line of Southotd Bay (Shelter Island Sound) along the northerly boundaries of Lots 2 and 3 as showD o~] the subdivision map to in~ure tha~ no development adveusc ~o I:he ae~]e~ie quality of ~he shoreline will ~ake place. Clearing and cuttin~ within ~his area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clea~ing and cutting shall be subject to review by the Board of Tru~!~ees o~ t~e Town of Southold prior to clearing and cutt[n~ t., inane.{ p~oper maintenance and preservation of the natural i~. E~-.'~on and sediman~ contro~ measures shal~ be reguired d,.~'ing and afte~ constcuctlon on each ~ot to insure that storm- wst~ ~u~nff will not ca~ry eroded and other deleterious mate~i$].s ieto $outhold Bay (S~elter Island Sound). F. 'l'n~ covenan~ contained in ARTICLE II, paragraph~ A ~h,-oug~ ~, ,'lan be modified only at ~he ~squsst of the then owner -4- PECONIC LAND TRUST Cf ,1 %Or ,~it~ the n~!}roval of a majority plus one of the Planning Board o~ the Town of Southold after a public hearing. Adjoining property owners shall be entttled to notice of ~uch public hearing ~%u~ thei~ con~ent tO such modification sha].], not be rmq~ired. ARTICLE III. COVENANTS AFFECTING RESIDENTIAL LOTS 1, 2, 3 and 4 A. No lot shall be imp=oved or have placed or maintained thereon any structure other than a single family d~;elling, not to exceed two stories in height with attached Or detached private garage. Said attashed or detached garage shall be for not more than three (3) automobiles- A two-story dwelling shall contain a firs~ floor area of no~ less than 1,000 square feet, an~ a one- story dwelling shall contain a floor area of not lass than square feet eKclusive of attached or detached garages, carports, open breezeways, patios, terraces or basements. ~. ~Jo building or StrUcture shall be erected On any lot nor shall the exterior of any building or structure be a~tered, except in accordance with the plans and ~peCifications therefore which have received p$ior written approval from the Declarants, their successors or assigns. A~I dwellings and structures shall conform %o all applicable codes and regulations of the Town Of Southold, and no variance thereof may be obtained without written apprQval of the Declarants, their successors or assigns. Two copies of proposed plans and specifications shal~ be submitted to the Qeclarants, their s~ccessors or assigns, one o~ which, when approve~, shall be returned to the owner with such approval endorsed thereon. If the Peclarants, their successors or assigns shall neither approve nor disapprove the plans and specifications within 30 days after they have been submitted to and received, the }~lans and specifications shall be deemed approved. C. No mobile type home or house trailer shall be kept, ~sed, moved or all. owed on said premises regardless of the si~e. A camper, boat, boat ~railer or utility trai[er are allowed on said p~emi~es, but must be. stored in an enclosed area shielded view o~ ,%eJphborin9 properties. This restriction does not il%cli]d,~ .~o~ltractor's trailers, etc. when used during the c~,~uci~i.o~ of a house, providing same shall be removed from the ~r'.~m;se~ ~q~on completion of the house construc~10n. D. ~o 1.o~ she] f be used or maintained for any purpose other tha~ a one~-family residence. NO trade, business or manufacturing stealS, be carried on in any residence or anywhere on the property. E. NTJ obno~io,:<; o~ offensive activities shall be carried on ~,~ arl¥' l:~t:, no~ sllall anything be done on a lot which may -5- 87/20"2085 24:25 631~8~11 PAC~ 87 PECOIqIC LAND TRUST 134 P. Tree stumps a~d debris must be retRoved from any lot ~rior to occupancy. NO ares o[ the premises may be used for the dumping or storage of garbage, and ali such materials shall be stored in sanitary containers end shat~ be removed regularly the pre,ti, scs. There may be no to%al removal of tl~e ~[ses from any %ct, and the ground~ o[ each 1o~ shall at ali ti,nas be reaso- nably we~. ~aintained. ~. Ail e×ter[o~ construction, including roof, exterior walls, painting, windows, door~ and landscaping sl%all be completed within o~e (1) year from the da~e construction commen- E. Mo electric, telephone or ca~levi$ion Boles shall be allowed on the premises, as all utilities and ~erulces for electric, telephone and cable, must be underground. I. Any lot owner who mor~gage~ or ~e~ls his lot ~hall notify the Homeowpers Association and provide the name and addres¢ of h~s ~]or~gage~ or new owner. j. No activi%i, es 8hal~ be conducted, nor shall any improve- ment~ be constructed which are or might be ~nsafa or hazardous to any person, or an~ str~cture on a lot in the developme~t. AI¥?ICLE YV. COUEN~NTS AFFECTING LOT 5 /~. h,-,1 5 as shown on the subdivision map after filing of s;~m.~, (s I;o l~e gifted ~o Peconic Land Tr~st which is a not-for- ~o~[~ ¢,~¢[ora~io~ pursuant to Section 170(h)(3) of the Interna.~ tteve~ue Code. Pecot]ic Land Trust was in¢orporate~ on A~gust 1, 1983 and ~ dedicated to the ~re~ervation of farmland, marl- Culture ~¢d ope~ space on ~aster~ %cng ~sland. Peoo~ic ~and Trusi: ha~ e'~pressed %ts interest in doing what ie necessary to D~rSs~r~,~ ~h~ unique maricol%ure and wetlands areas p[ese~tly located o]; Lot 5, in Order to preserve and provide %asking ~enefit ~o the Deop~e of ~he Town o[ ¢outhol~. 9. TO accomplish these purposes, the ~ollowing u~es are per- mltted on [.ct 5: (i) Utilize e~is%ing house as a caretaker cottage for Pe¢:o,%ic Land Trust, (ts euccessors and assigns. (i() Utilize ~ortion~ of the lot for Scull%old Town's Shell~nh Seed Progra~ which the ~own has subcontracted with Corne!l Cooperative Extension; however, the ~cope and intensity of such uses are subject bo review and approval by the $ou~hold Town B~annin~ ~oard a~d Southold Town Board of Trustees. (iii) Conduct feasibility studies, especially with Co,net[ Cooperative Extension, with respect to small scale marl- culture and shellfish nursery uses; however, the scope and inten- -6- PECONI¢: LAND TRUS~ sity of soch uses are subject to review and approval by the ~outhold Town Planning Eoard and $outhold Town Board O~ Trustees. (iv) The dock in the lagoo~ area, north of the residen- tial Boat EaSement Area will be used to provide dockage for boats used by the Peconic Land Trust, its successors and assigns, in its maric~lture program. (v) The Peconic Land Trust, its successors and assigns, may cuntinue with wetland restoration projects; and in par- ticu~ar, with pians to use portions of the lot for a native plan- ting~ nursery. (vi) Waterfront portions of Lot 5 bordering Shelter Island sound ($outhold Bay) will be used for passive recreational activity of Lots 1, 2, 3 and 4, such as picnicking, walking, and enjoying scenic vistaS. C. Any uses of Lot 5 other than as specified above are sub- ject to review and approval by the Southold Town Planning Board and the Southold Town ~oard of Trustees. ~. No obnoxious or offensive activities shall be carried on upon Lot 5, nor shall anything be done on such lot which may become an annoyance or nuisance, unsafe or hazardous to Lots 1, 2, 3 and 4. The maric~lture uses of Lot 5 shall not be conducted prior to 6 A.M nor after l0 P.M. prevailing time. ~. To {~rese~ve the uses and purposes of bhe gift of Lot 5 to the Peco~%ic Land Trust, the covenants contained in ARTICLE IV, paragraphs A through C, can be modified only at the requesb of the then owner of Lot 5 with the approval of a majority plus one of the Plashing Board of the Town o~ Southold after a public hearing. Adjoining property owners shall be entitled to notice of ~.]cl~ p~]blic heaving but their consent to s~ch modification :~h,~].l nc5 ha required. ARTICI. E V. PLOCK $~ELLFIBEER PRESERVE ~OMEO~ER5 ASSOCIATION AFPECTING LOTS 1, 2, 3, 4 and 5 A. Th~ Momeowner~ Association shall have one class of mem- bership ~nte~m. st. The owner cf a lot in the subdivision subjeo~ t~ .1ia Oeclaratiol~ shall be a member. B. Each member is e~%itled to one vote. Wheg mo~e than one person% or eatitf holds such interest i~ any Lot, the one vote att~fbutable to such Lot shall be exercised as such persons mutua%~.y determined and not more than one vo~e may be cast with respect to any such Lot. NO member shall split or divide its votes cn 0ny motion, resolution or ballot. -7- 0v/28,,'28~5 i4:25 6,3'-2048 ?I! PECONIC LAND ~-RLISI PA~ 89 ARTICLE VT. MAINTENANCE ASSESSMENTS AFFECTING LO~$ 1, 2, 3, 4 and 5 A. Each lot owner, by the acceptance of a deed, whether or not it shall be expressed in any such ~eed or other conveyance, shall be deemed ts covenant and agree, ko pay to the Homeowners Association such assessments as are fixed by the Association's Board of Directors and assessed to the lot owners as hereinafter provided. B. All sams a~seseed by the ~omeowners Association but not paid~ together with ~ch interest thereon, as hereinafter provided, shall ~e a charge upon each lot and shall be a con- ~imdous lien ~pon said lot against which such assessment is made. C. Tt%e assessments leuied by ~he Homeowners ASsociation shatl be used exclusively for the purpose of maintenance end repairs to 5he easement areas as set forth aboue, liability insurance, and the cost of management and supervision of the covenants ~nd restrictionS. D. The Ho~eowne[s Association's Boar~ of Directors shall, fr.~,,~ ti~m~ i~:~ time, but at least annually, fiK and determine the h~.l~]~3~!:~[ ;>9!)r,~.3~ating the sum or sums necessary and adequate for the contiaus~t operation of the Associatio~ and shall send a copy of ~he budget and any supplement thereto to each member prior to as.~ssin~ the members thereon. The Board shall determine the tc!;al amDlnt of money uequired, including the operational items such as insistence, repairs, reserves, maintenance and other oser~tinQ e×psnses, as wail as charges to cover any deficits from ~>~{or yea,~ an~ capital improvements approved by the Board. ~he [%eclara~]t~' obligation for such assessments on unsold lots sub jec~ ~o this Dectarstien will be limited to the difference between llne act~]al operating costs of the Association and the as~ess~rents levied on owners who have closed title to their lots. In no eve~3~, however, will ~he Declarants be required =o make a deficiency contributio:] in an amount greater than it would other- wise he liable for if it were paying aSSessments ou unsold lots. The su~n du.~ the Assooiatioo from each individual lot owner shall constitute a~% assessment of the ~oard of Directors, and unpaid assessments shall constitute liens on the individual lots subject 5o foreclosure a~ hereinafter provided. ~. Ail assessments against each lot shall be payable semiannually ar more frequen~ intervals as determined by the Board of Directors of the Homeowners Association. The Aesociatiou shall prepare a roster of the lots and assessments applicable thereto which shall be kept in the office o~ the Association an~ shall be open to inspection by any member. Upon ~he written request of a member or his mortgagee, the Board shall promptly furnish such member or his mortgagee with a written statement cf the unpaid charges due from such member. ~;.~c 6312~4b';11 PAC,~E 18 TRUST ~. If an assessment is not paid on the date when due, as fixed by the Board of Directors of the Homeowners AssociatiOn, then such assessment shall become delinquent and shall, together with such interest thereon ak the legal rate of 9% per annum, and cost cf collection tt~creof aS hereinafter provided, thereupon become a continuing lien on the member's lot which shall bind ~och property in the hands of the member, his heirs, devisees, personal representatives and assigns. Such lien shal~ be pric~ to all other liens except: (a) tax or assessme~%t liens on ths lot by tile taxing subdivision of sn~ goverBmental authority, including but not ~imited to State, County and School District ta~in~ agencies; and (b) all sums unpaid on any firs~ mortgage of record encumbering ~he G. A~ aSSessment not paid within thirty (30) days after its due da~e, shall beer interest from the date o~ delinquency at the legal rate o~ 9% per annum; and the Nomeowners Associatio~ may b~iag an action at law against the member or former member personally obligated to pay the same ~nd ~ay foreclose the lien against the property. Tbere shall be added to the amount of such assessment ~he costs of preparing and filing such act[on, and in the event a judgment is obtained, such judgment shall knclude interest on the assessment as above pro- vided ~nd reasonabl, e attorney's fees to be fixe~ by the court together ~ith the cost o~ the action. ARTICLE VII. INSURANCE AFFECTING LOTS 1, 2, 3, 4 and 5 The ~.Iomeo~erz ASsociation, through its Board of Directors sha].l, ma i.~tain public liability insurance, to the exten~ obtainables, coveting each lot owner, the Association, managing ag,~nt, an4 any lessee or occupant of any of the lots, against li%biltty for any neglig~nt act off commission or omission attri- butable to them whirl% occurs i~ the easemen~ areas. The cost of the prem%um ~o~ ~his liability insurance will b~ shared equally by Lots 1, ~, 3, 4 and ARTICLE VIII. GENERAL PROVISION~ AFFECTING LOTS l, 2, 3, 4 and 5 A. The easeme~%ts, licenses, rights or privileges established, cr~a~ed and granted by this Declaration shall be for the benefit of sod restricted solely to, the Homeowners Association and the owners o~ lots on the subdivision map. Any owner may also grant th~ bet%eli% o~ such easement, lice~se~ right or privilege to hie =chants and guests of any home built on a lot and their immediate ~ami].ies ~o~ tl%e duration of their tenancies or visits; but the same is not t. ntende~ nor shall it be construed as creating any rig~ in s~ ~or the benefit o~ che general public. -9- B. The Decfarant~ grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to inspect any areas designated on the subdivision map as buffer areas, easement areas, roadways, open space, common areas or any similar nomenclature so as to insure continued compliance with the cove- nan,s, terns and provisions designated herein in regard to same and to insure that such covenants, ~erms and prcvisions have not been violated. C. Dec!arants ~rant the continuing right in perpetuity to the $outhold TOWn Planning Board and Southold Town Board Of Trustees O~ any of their designated representatives ko enforce the conditions and restrictions o( the covenants as they relate to the b~f[er areas, easemen~ a~eas, roadways, waterwayS, open space an,~ common areas and to take any ~egal action they deem ne~assary [~c enforce the conditions and restrictions of the cove- ~. E×c~pt as provided in paragraphs B and c aboue, these covenants and restrictions of this Declaration shall run with, and bind =l~e land, and shall inure to the benefit of, and be en~o[ceable by the Associa=ion, any member, or the owner of Lots 1, 2, 3, 4 and 5, subject =o this Declaration, their respective legal representatives, hei=s, successors an~ assigOs, unless an instrument ~igne~ by eighty (80%) percent of the members has been recorded, agreeing to change said covenants and restrictions in %{hoLe Or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created by ARTICLg I shal~ be perpetual, run with the land, and shall sur- vive any destruction, reconstruction, and relocation of t~e physi- Cal ~tructure, unless said provision is abrogated by the unanimous consent of all the members. Unless specifically prohi- bited ~%erein, %his Declaration may be amended by an instrument ~ic~ed by ~embers ho%ding not less th~n eighty (80%) percent of %h~ membership. ~ny amendment must be properly recorded to be ef{~ctive. ~. Any notice regui~ed to b~ sent to any member or owner under t~e provisions of this Declaration shall be deemed to have been properly sent when maiked, postpaid, to the last known address of the person who appears as member or owner on the =ecords Of the ASsOCiation at the time of such mailing. F, Yhe administration of the Homeowners Association shall be 1~ accordance with the provisions of the Association By-Laws. G. Invalidation of any of the covenants, limi=ations or pro-. visions of this Declaration by court order or judgment shall in £1~/20/20~5 i4:25 6~12040zli PECONIC LAND TRUST PAC~ 12 no way affect any of ~]e remaining provisions her~.o~ ami ~ihe ~cme shal~ continue in ~ull force and eE~ect. IN W~TNESS WHEREOF, the Declarant.~ have uauscd ~¥~i.,' Ii~%~l~ and seals to be a~fi~ed the day a~d yea£ £irst abov~ %~rit~ieu. Anna K. Plook ~arol Anne Plock, T~ustee under Will of ~ohn n. ~lock, Jr. Carol Anne Nell f/k/a Carol Anne Plock Richard "F. Lark, Trustee un,er Will of John L. Piock Deborah Anne Plock Jerome F. Holub, Trusts~ under will of John L. Plock -~£11iam John Plock wallace Kandell, Trustee under Will o'f John L. ~lock Katheriae 5~an Roke f/k/a Katherine Marian Plock -11- PECDNIC LAND TRUST 140 STATE OF NEW YORK: COUNTY OF SUF5'OLK: on this day of , 1994, be£ore t~e ANNA K. FLOCK [o me known to be tl%e individual described who executed the foregoing instrument, and ~ckl%owledq.~4 that executed the ~ame. STATE OF NEW YORK: COUNTY OF SUFFOLK: On this day of , 199 , Sefcre i~e persoua~.ly came CAROL ANNE WE~5 f/k/a CAROL ANNE FLOCK to ,n,~ known ~o be the individual described in and who executed the foregoing inst~ume~]h, and acknnwledged that she executed the same individually an~ as trustee· Notary Public STATE OF NEW YORK: COUNTY Of SUFFOLK: ss. On this day of DEBORA~ ANNE FLOCK to me known and who executed the foregoing she eMecuted the same. , 199 , before me personally came to be the individual described in instrument, and acknowledge~ that Notary Public -12- PECONIIC LAND TRUST Shelifisher Preserve Pro.iect Update 7/18/05 I. Renovation Project - The existing aquaculture greenhouse needs to be replaced and the creekway and opening to the creekway that runs under the greenhouse needs to be dredged and repaired. The greenhouse is totally unusable at this time due to the lack of tidal water flow. The Peconic Land Trust is pursuing funding for this renovation. These renovations would provide space for small-scale shellfish growers and additional space for research, education and local shellfish restoration projects. II. Potential Funding - The Trust has been pursuing funding from a local Foundation as well as discussing a cause-related marking idea. We are researching the concept of selling shellfish at 5-10 cents above market price so that the additional money would be donated to the Trust and the Foundation for land preservation and environmental awareness programs that will benefit Long Island. IlL The Peconic Land Trust is currently negotiating a lease with the Noank Aquaculture Cooperative for use of the facilities at Shellfisher Preserve. Noank members will be using the limited available space for aquaculture activities. Once the greenhouse facility is renovated they will expand their uses. (Attached is an information sheet on the Noank Aquaculture Cooperative.) 296 HAMPTON RO3.I) [ POST OFFICE BOX 1776 I SOUTHAMPTON NEW YORK 11969 1 PHONE (6tl) 281 11951 FA.X (611) 281-0235 www. peconiclandtrust.or§ T HE N o A N K A ~ U A C U L T U R E C O O P E R A T I V E The Noank Aquaculture Cooperative is a farmers cooperative formed in August of 2000. The funding to initiate the cooperative was provided through the USDA Rural Development, Rural Business Enterprise Grant Program. The products and services offered by the cooperative are predominately hatchery raised oysters, hard clams and bay scallops. We are also involved in research, public education and resource enhancement projects focused on these commercially important species of shellfish. The Noank Aquaculture Cooperative has eight founding members who have taken the time to organize the cooperative. Seven of these members base their operations in Noank, Connecticut, on the Mystic River. Cooperative members are small-scale shellfish farmers who recognized that they must combine their efforts to maintain commercial viability. The result is a vertically integrated business entity capable of spawning, rearing, harvesting, processing and marketing oysters, hard clams and bay scallops. The cooperative has recently expanded its membership to eight additional growers, five of whom are based in New York State. The six New York members will base their operations at the Shellfisher Preserve, owned by the Peconic Land Trust and co-managed with Cornell Cooperative Extension Marine Program. In the short time we have existed we have doubled our membership and expanded our operations. These operations include two shellfish hatcheries, four nursery sites, the numerous grow-out facilities of our members, processing and distribution. In the future we will concentrate on expanding our production of premium oysters, hard clams and bay scallops. We will continue to work closely with researchers, educators and local shellfish restoration efforts to enhance the shellfish populations in our area. The Noank Aquaculture Cooperative provides a unique foundation for small- scale shellfish aquaculture to grow and thdve in the New York and Connecticut. Jim Markow- President Noank Aquaculture Cooperative 100 Main Street Noank, CT 06340 Phone: (860)460-4558 Karen Rivara - Secretary NAC - Shellfisher Preserve 10273 North Bayview Rd, Southold, New York 11971 Phone/Fax: (631)765-1808 DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS PLOCK SHELLFISHER PRESERVE at Bayview, Town of Southold Suffolk County, New York DECLARATION made this ~Jday of ~£¢¢~, 199~, by ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York 11971; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; DEBORAH ANNE PLOCK, residing at 415 Oaklawn Avenue, Southold, New York 11971; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971; KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK, residing at 745 Case's Lane, Cutchogue, New York 11935; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR., residing at 10003 North Bayview Road, $outhold, New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935, JEROME F. gOLUB, JR., residing at 78 Debbie Lane, Berkeley Heights, New Jersey 07922, and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton, Florida 33498, Trustees of the Trust under the Will of JOHN L. PLOCK: hereinafter referred to as the "Declarants". WHEREAS, Declarants are the owners in fee simple of the following real property: ALL those certain plots or parcels of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lots 1 through 5 on a certain map entitled "Map of Plock Shellfisher Preserve" at Bayview, Town of Southold, Suffolk County, New York, to be filed in the Office of the Clerk of the County of Suffolk; and which land [s more particularly bounded and described in Attachment WHEREAS, Declarants desire to provide for the preservation of the values of the lots and amenities as shown on the subdivision. map as more particularly described in Attachment 1, and for the maintenance of roadways and easement areas and therefore create a homeowners association known as the "Plock Shellfisher Preserve Homeowners Association, Inc." under the not-for-profit corpora- tion law of the State of New York for the purposes of maintaining, administering and enforcing the covenants and restrictions; and WHEREAS, the Planning Board of the Town of Southold, as a condition of granting subdivision approval, requires certain covenants and restrictions be placed on the property. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants, restrictions and easements which shall run with the land. -1- ARTICLE I. EASEMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. The easements hereinafter described shall be appurtenant to and shall pass with the title to every Lot to which the ease- ments apply. B. Lots 1, 2, 3, 4 and 5 shall each haue an easement, in common with others, 50 feet in width, extending from North Bayview Road to the southerly portion of Lot 5 as shown on the subdivision map as "Right of Way", for the purpose of ingress, egress, and installation, maintenance and inspection of utilities. The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule A shall be shared equally by each of the owners of Lots 1, 2, 3, 4 and 5. C. Lots 1, 2, 3 and 4 shall each have an easement, 50 feet in width, over and through portions of Lot 5 as shown on the subdivision map as "Right of Way" to the southerly portions of Lots 1 and 4, for the purpose of ingress, egress, and installation, maintenance and inspection of utilities. The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule B shall be shared equally by the owners of Lots 1, 2, 3 and 4. D. Lots 1, 2, 3 and 4 shall each have an easement across portions of Lots 1 and 4 as shown on the subdivision map as "Right of Way" for the purpose of ingress, egress, and installa- tion, maintenance and inspection of utilities. The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule C shall be shared equally by the owners of Lots 1, 2, 3 and 4. E. Lots 1, 2, 3 and 4 shall each have an exclusive easement across a portion of Lot 4 as shown on the subdivision map as "Easement" and an easement in common with others across portions of Lot 5, as shown on the subdivision map as "Boat Easement Area", all as described in Schedule D, for purposes of foot passage to and from the Lagoon and for the dockage of boats and parking of vehicles. F. Lots 1, 2, 3 and 4 shall each have the right to park one vehicle per lot in the Boat Easement Area in conjunction with tile lot owner's use of this area. The two 75' x 9' wooden boat finger pier~ located in the Boat Easement Area shall be owned by the owners of Lots 1, 2, 3 and 4 (Lots 1 and 2 shall own the easterly pier as tenants in common; Lets 3 and 4 shall own the westerly pier as tenants in common). The owners of Lots 1, 2, 3 and 4 shall have an easement: (a) to use and maintain these two -2- wooden boat finger piers and their supports, and the 8' x 15' concrete building located in the easement area; (b) to install underground electric, telephone and water lines across Lot 5 to the concrete building and the two wooden boat finger pie~s the Boat Easement Area. The cost and e×pense of maintenance the Boat Easement Area and the installation of underground ties and repair of the two piers and concrete building located in the Boat Easement Area, as well as the general maintenance of the easement area across portions of Lots 4 and 5 as described in Schedule D will be determined by the Homeowners Association, and the shall be shared equally by the owners of Lots l, 2, 3 aT]d 4. G. Lots 1, 2, 3 and 4 shall have an easement, in commou witt~ others, across and over portions of Lot 5 as shown on the sub- division map as the "Boat Easement Right of Way", for purposes of vehicular ingress and egress to the Boat Easement Area. The expenses, as determined by the Homeowners Association, to be incurred for the maintenance and use of thin "Boat Easement Right of Way" as described in Schedule E shall be the sesponsibility of the owner of Lot 5. H. Lots 1, 2, 3 and 4 shall each have the right to use the entire lagoon area north of the Boat Easement Area in common with others for ingress and egress to and from the finger piers and Shelter Island Sound (Southold Bay). The dredging of this por- tion of the lagoon area and the channel to Shelter Island Sound (Southold Bay), and the maintenance of the wood bulkheads located on portions of Lot 5 shall be shared equally by the owners of Lots 1, 2, 3, 4 and 5. The Homeowners Association an authorized to arrange with Reydon Shores Homeowners Association for alloca- tion of the cost to the lot owners of dredging the channel to Shelter Island Sound (Southold Bay). I. The owners of Lots 1, 2, 3 and 4, their guests and invl- tees, shall each have the right to temporary daytime dockage of boats along the wood bulkhead on Lot 5, no long as such dockage does not interfere with boat traffic in the lagoon and c}~annel areas. J. The right to use the aforesaid easements for installa- tion, maintenance and inspection of utilities shall include, but not be limited to, the right to connect with, maintain and make use of electric, telephone and cable television lines, wires, pipes, conduits, water lines, sewers and drainage lines which ,nay from time to time be in or along the streets and roads oc othe~ areas of the aforesaid easements. K. In the event that any portion of any .roadway, walkway, driveway, catch basin, leaching pool, drainage pipe, electric transformer, electric meter, utility line, or any othec structure as originally constructed by Declarants encroaches on any lot, it -3- shall be deemed the owner of such lot I~as granted a perpetual easement to the owner of the adjoining lot for continuing main- tenance and use of such encroaching roadway, walkway, driveway, catch basins, leaching pools, drainage pipes, electric trails- fo~mer, meters, utility lines, or structure. The foregoing shall also apply to any replacements of any such roadway, walk- way, driveway, catch basin, leaching pool, drainage pipe, electric transformer, electric meter, or structure [f same are constructed in substantial conformance to the original, as constructed. The foregoing condition shall be perpetual in dura- tion and shall not be subject to amendme~]t of these covenants and restrictions. ARTICLE II. COVENANTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. There shall be no further subdivision of .Lots 1, 2, 3, 4 and 5, as shown on the subdivision map, in perpetuity. B. No stormwater runoff resulting from the development and improvement of the subdivision or any of its five lots shall be discharged down the bluff or bank or into Southold Bay (Shelter Island Sound). C. No residential structure shall be constructed or other- wise located within 75 feet of the mean high water llne of Southold Bay (Shelter Island Sound); and no sanitary disposal facility shall be constructed or otherwise located within 150 feet of the mean high water line of $outhold Bay (Shelter Island Sound). D. A Buffer Area shall be established extending 75 feet landward from the mean high water line of Southold Bay (Shelter Island Sound) along the northerly boundaries of Lots 2 and 3 as shown on the subdivision map to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and cutting shall be subject to review by the Board of Trustees of the Town of Southold prior to clearing and cutting to insure proper maintenance and preservation of the natural buffer. E. Erosion and sediment control measures shall be required during and after construction on each lot to insure that storm- water runoff will not carry eroded and other deleterious materials into Southold Bay (Shelter Island Sound). F. The covenants contained in ARTICLE II, paragraphs A through E, can be modified only at the request of the then owner -4- of a lot 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 modification shall not be required. ARTICLE III. COVENANTS AFFECTING RESIDENTIAL LOTS 1, 2, 3 and 4 A. NO lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, not to exceed two stories in height with attached or detached private garage. Said attached or detached garage shall be for not more than three (3) automobiles. A two-story dwelling shall contain a first floor area of not less than 1,000 square feet, and a one- story dwelling shall contain a floor area of not less than 1,500 square feet exclusive of attached or detached garages, carports, open breezeways, patios, terraces or basements. B. No building or structure shall be erected on any lot nor shall the exterior of any building or structure be altered, except in accordance with the plans and specifications therefore which have received prior written approval from the Decla~ants, their successors or assigns. All dwellings and structures sba~l conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarants, their successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarants, their successors or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants, thei~ successors or assigns shall neither approve nor disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. C. No mobile type home or house trailer shall be kept, used, moved or allowed on said premises regardless of the size. A camper, boat, boat trailer or utility trailer are allowed on said premises, but must be stored in an enclosed area shielded from view of neighboring properties. This restriction does not include contractor's trailers, etc. when used during the construction of a house, providing same shall be removed from the premises upon completion of the house construction. D. 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. E. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or ulsance to the neighboring properties. -5- F. Tree stumps and debris must be ~emoved from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored.in sanitary containers and shall be removed regularly from the premises. There may be no total removal of the trees from any lot, and the grounds of each lot shall at all times be reaso- nably well maintained. G. Ail exterior construction, including roof, exterior walls, painting, windows, doors and landscaping shall be completed within one (1) year from the date construction commen- ces. H. No electric, telephone or cablevision poles shall be allowed on the premises, as all utilities and services for electric, telephone and cable, must be underground. I. Any lot owner who mortgages or sells his lo't shall notify the Homeowners. Association and provide the name and address of his mortgagee or new owner. J. No activities shall be conducted, nor shall any improve- ments be constructed which are or might be unsafe or hazardous to any person, or any structure on a lot in the development. ARTICLE IV. COVENANTS AFFECTING ~LOT 5 A. Lot 5 as shown on the subdivision map after filing of same, is to be gifted to Peconic Land Trust which is a not-for- profit corporation pursuant to Section 170(h)(3) of the Internal Revenue Code. Peconic Land Trust was incorporated on August 1, 1983 and is dedicated to the preservation of farmland, marl- culture and open space on Eastern Long Island. Peconic Land Trust has expressed its interest in doing what is necessary to preserve the unique mariculture and wetlands areas presently located on Lot 5, in order to preserve and provide lasting benefit to the people of the Town of Southold. B. To accomplish these purposes, the following uses are per- mitted on Lot 5: (i) Utilize existing house as a caretaker cottage for Peconic Land Trust, its successors and assigns. (ii) Utilize portions of the lot for Southold Town's Shellfish Seed Program which the Towa has subcontracted with Cornell Cooperative Extension; however, the scope and intensity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees. (iii) Conduct feasibility studies, especially with Cornell Cooperative Extension, with respect to small scale marl- culture and shellfish nursery uses; however, the scope and inten- -6- sity of such uses are subject to review and approval by the Southold Town Planning Board and $outhold Town Board of Trustees. (iv) The dock in the lagoon area, north of the residen- tial Boat Easement Area will be used to provide dockage for boats used by the Peconic Land Trust, its successors and assigns, in its mariculture program. (v) The Peconic Land Trust, its successors and assigns, may continue with wetland restoration projects; and in par- ticular, with plans to use portions of the lot for a native plan- tings nursery. (vi) Waterfront portions of Lot 5 bordering Shelter Island Sound (Southold Bay) will be used for passive recreational activity of Lots 1, 2, 3 and 4, such as picnicking, walking, and enjoying scenic vistas. Co ject to and the Any uses of Lot 5 other than as specified above are sub- review and approval by the Southold Town Planning Board Southold Town Board of Trustees. D. No obnoxious or offensive activities shall be carried on upon Lot 5, nor shall anything be done on such lot which may become an annoyance or nuisance, unsafe or hazardous to Lots 1, 2, 3 and 4. The mariculture uses of Lot 5 shall not be conducted prior to 6 A.M nor after 10 P.M. prevailing time. E. To preserve the uses and purposes of the gift of Lot 5 to the Peconic Land Trust, the covenants contained in ~6RTICLE IV, paragraphs A through C, can be modified only at the request of the then owner of Lot 5 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 modification shall not be required. A~TICLE V. PLOCK SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION AFFECTING LOTS 1, 2, 3, 4 and 5 A. The Homeowners Association shall bershlp interest. The owner of a lot in to this Declaration shall be a member. have one class of mem- the subdivision subject B. Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determined and not more than one vote may be cast wit}] respect to any such Lot. No member shall split or divide its votes on any motion, resolution or ballot. -7- ARTICLE VI. MAINTENANCE ASSESSMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. Each lot owner, by the acceptance of a deed, whether oF not it shall be expressed in any such deed or other co,]veyance, shall be deemed to covenant and agree, to pay to the Homeowners Association such assessments as are fined by the Association's Board of Directors and assessed to the lot owners as hereinafter provided. B. All sums assessed by the Homeowners Association but not paid, together with such interest thereon, as hereinafter provided, shall be a charge upon each lot and shall be a con- tinuous lien upon said lot against which such assessment is made. C. The assessments levied by the Homeowners Association shall be used exclusively for the purpose of maintenance and repairs to the easement areas as set forth above, liability insurance, and the cost of management and supervision of the covenants and restrictions. D. The Homeowners Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement thereto to each member prior to assessing the members thereon. The Board shall determine the total amount of money required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capita[ improvements approved by the Board. The Declarants' obligation for such assessments on unsold lots sub- ject to this Declaration will be limited to the difference between the actual operating costs of the Association and the assessments levied on owners who have closed title to their lots. In no event, however, will the Declarants be required to make a deficiency contribution in an amount greater than it would other- wise be liable for if it were paying assessments on unsold lots. The sum due the Association from each individual lot owner shall constitute an assessment of the Board of Directors, and unpaid assessments shall constitute liens on the individual lots subject to foreclosure as hereinafter provided. E. All assessments against each lot shall be payable semiannually or more frequent intervals as determined by the Board of Directors of the Homeowners Association. The Association shall prepare a roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member. Upon the written request of a member or his mortgagee, the Board shall promptly furnish such member or his mortgagee with a written statement of the unpaid charges due from such member. -8- F. If an assessment is not paid on the date when due, as fixed by the Board of Directors of the Homeowners Association, then such assessment shall become delinquent and shall, together with such interest thereon at the legal rate of 9% per annum, and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the member's lot which shall bind such property in the hands of the member, his heirs, devisees, personal representatives and assigns. Such lien shall be prior to all other liens except: (a) tax or assessment liens on the lot by the taxing subdivision of any governmental authority, including but not limited to State, County and School 0istrlct taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the lot. G. An assessment not paid within thirty (30) days after its due date, shall bear interest from the date of delinquency at the legal rate of 9% per annum; and the Homeowners Association may bring an action at law against the member or f6rmer member personally obligated to pay the same and may foreclose the lien against the property. There shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above pro- vided and reasonable attorney's fees to be fixed by the court together with the cost of the action. ARTICLE VII. INSURANCE AFFECTING LOTS 1, 2, 3, 4 and 5 The Homeowners Association, through its Board of Dicectors shall maintain public liability insurance, to the extent obtainable, covering each lot owner, the Association, managing agent, and any lessee or occupant of any of the lots, against liability for any negligent act of commission or omission attri- butable to them which occurs in the easement areas. The cost of the premium for this liability insurance will be shared equally by Lots 1, 2, 3, 4 and 5. ARTICLE VIII. GENERAL PROVISIONS AFFECTING LOTS 1, 2, 3, 4 and 5 A. Th'e easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Homeowners Association and the owners of lots on the subdivision map. Any owner may also gr~nt the benefit of such easement, license, right or privilege to his tenants and guests of any home built on a lot and their immediate families for the duration of their tenancies or visits; but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. -9- B. The Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to inspect any areas designated on the subdivision map as buffer areas, easement areas, roadways, open space, common areas or any similar nomenclature so as to insure continued compliance with the cove- nants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. C. Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to enforce the conditions and restrictions of the covenants as they relate to the buffer areas, easement areas, roadways, waterways, open space and common areas and to take any legal action they deem necessary to enforce the conditions and restrictions of the cove- nants. D. Except as provided in oaragraphs B and C above, these covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any member, or the owner of Lots 1, 2, 3, 4 and 5, subject to this Declaration, their respective legal representatives, heirs, successors and assigns, unless an instrument signed by eighty (80%) percent of the members has been recorded, agreeing to change said covenants and restrictions ia whole or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created by ARTICLE I shall be perpetual, run with the land, and shall sur- Vive any destruction, reconstruction, and relocation of the physi- cal structure, unless said provision is abrogated by the unanimous consent of all the members. Unless specifically ~rohi- bited herein, this Declaration may be amended by an instrument signed by members holding not less than eighty (80%) percent of the membership. Any amendment must be properly recorded to be effective. E. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, POstpaid, to the last known address of the person who appears as ~ember or owner on the records of the Assoeiatlon at the time of such mailing. F. The administration of the Homeowners Association shall be in accordance with the provisions of the Association By-Laws. G. Invalidation of any of the covenants, limitations or pro- visions of this Declaration by court order or judgment shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. IN WITNESS WHEREOF, the Declarants have caused their hands and seals to be affixed the day and year first above written. Anna K. P10ck -' Carol Anne Weil f/k/a Carol Anne Plock Deborah Anne Plock Will lam Joh~'Plock Katherine Marian Rok~ f/k/a Katherine Marian Plock Carol Anne Well f/k/a % ' lB- ~% carol Anne Plock, Trustee und~]~'~3t%A' Will..of~ohn~// L. Ploc. k, Jr. ~~s~tle under Will of John L'. Plock /:~rome i ~ Trustee~hder ~/Will of John n. Ploc~ Wallace Kande~l, Trustee under Will of John L. Plock -11- New York State Department of Environmental Conservation Division of Environmental Permits, Region One Bulidlng 40 - SdNY, Stony Brook, New York 11790-2356 Phone; (631)444~0zt03 · FAX: (631)444-0360 Website: ww~v,dec.stete.r~y,u$ January 18, 2006 Peconic Land Trust 296 Hmnpton Road P.O. Box 1176 Southampton, NY I t 969 Pioct< Shellfisher Preserve Property 10273 No~h Ba?iew Road Southold, NY 11971 DEC# 1-4738-00522/00005 RECEIVED .FEB 1 2096 PECONIO LAND TRUS~', INC. Dear Pennitee: In conformance with the requirements of the State L'rdform. Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 62 l) we are enclosing your permit. Please read all conditions carefully, If you are unable to comply w~th any conditions, please contact us at the above address. Also enclosed is a permit si~l which is to be conspicuously posted at thc project site and protected from the ~veather, Very truly yours, Sherri Aicher Environmental Analyst ~l'm c:) 0 s~J-r e bb/IiJ2~CCb.. J~.gt. E,:3128~,C!'-'35 PECONIC L/'*f'4D TRUST PA~aE 8.3/12 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FAOIL F'mc!Pr~OGR~,M N~r ~4BEP,(S) PERMIT Under the Envirc. nmantM EFFECTIVE DATE Januar~ 1 ~,, 2006 EXPIRATIOf,I DATE(S) Janua,~ 17, 2015 TYPE ,OF PERM;T III New Q Rerlewai D Modificatior~ [] Perq~It to Co't~truct r2 Permit to Operate · Article 15, title 5; Protection of Waters ~ ArtiCle 15, Tite 15: Water Supply L~ Article 15, ~, te 15 WeterTra~$port [;' Ar~k;le 15, Tit:e 1~; Long I~land W~lls Re~re~t.~onal Rive's ~ Article 17, Ti~lea 7, 8' SPDES III Article 2,5: Tidal Weaands D A~licl~ 27, Title 9; 6NYCRR 373: Nezardcus Waste Management Ma~gemen( ~ Adic~ 38: Fl~pl~ Vanagement B ~lcEs 1, 3, 17, t9. 2% 37;BNYCRR 380: Ran at,on · BNYC~R 6C8: Water Q~.ai;fry Canlfica- PERMIT iSSUED TO Peconic Land Trust g Amcle 27, Trtre 7; 8NYCRR 360 Solid Waste Management ADDRESS OF PERMI'TTEB TELEPHONE NUMBER 631-283-3195 296 Hampton Road, P.O Bcx 1176, Southamptonr NY 11969 CONTACT PERSON FOR PERMITTED WORK Coastal Consultants, P,O,;,,,B, ox 1149 Madison Square Stat!on, New York, NY 10159 NAME AND ADDRESS O; PROJ~Crt/I~ACILITY TELEPHONE NUMBER 212-777-0083 Peconic Land Trust Shellfisher Preserve, 10273 North Ba},view Rd, South.,old,,' NY 1 !971 ...... COUNTY -OWN I WATERCOLRSE [ NYTM COORDfNATES Suffolk Southold Shel~er Island Sound Remove and replace in-place 3 existing weirs/wave breaks. Remov~ an~ replace in-place 280 linear feet of existing functional bulkhead within a hatchery trough Dredge to 6' below mean Iow water within the weir area, Dredge to 4' below mean iow water within the hatchery trough and existing conduit with resultant 580 cu yds. of dredged material to be placed at approved on-site location. Remove and replace existing Quonset hut bu~l~ing with 12' high 22' x44' steel b~lilding. A~I work must be done in accordance with the attaoh~d plans prepared by Coastal Consultants last revised November 30. 2005 and stamped ap0roved by NYSDEC on January- 18, 2006, Your proposed project, as shown on the plans prepared by Coastal Conaultants last revised November 30, 2005, is more than 100 feet from regulated freshwater wetlands. B.v acceptance of ~ie permit, the permittee agrees that the permit is contiqgent upon strict compliance with the ECL, all applicable regulations, the Ge'~eral 6ondl:ions specified (see page 2 & 3} and any special Conditiona included as part of th s pa"mit PERMIT ADM NISTRATOR: Region 1 Headquarters George W Hammadh ~/-,/¢- SUNY Bidg. #40, Stony Brook, NY 11790-2358 Page 1 of 4 u8/12.'20;5~, ~,.~:B3 6~:128~t225 PECONIC LAND TRUST PAGE 04/12 SPECIAL CONDITIONS 1. Any debris of exCess material from corstructio~ of this p-oiect shall be completely removed from fC.e adjacent area (upland) and removed tM an aDprove~ up!and area for disposal. No debris is permitted in tida~ wet!ands end or protected b u~f¢sr areas There shall be no d~starbance to ~agetated tidai wetlands or protected buffer areas as a result of the permltted activity. 3. The s~.orsge ¢ construction equipment and materials shall be confined to existing parking a,eas. 4. All distarbed areas where soll wili be temporari¥ exposed or stockpiled for longer than one (1) week ~all be con*.aine~ ~y a continuous line of staked nay bales/silt cudain (or other NYSDEC approved method) placed on the seaward side between t~e fill end wettsnd or protected buffer area Tarps are authorized to supplemef~t these approved methc4ta. 5. A/I fill must be ~reded to match the elevation of tt-e land immediately adjacent to the bulkhead. 0. Equipment ~;peratien below apparent high water is strictly prohibited, 7. Ail peripl~eret harms, cofferdams, rock revetments, seawalls, gabions, ~ulkheads ete shelf be completed prior to i:~acement of any fill material behind such shuctures 8 The new bu!khead shall be constructed In ptaca of the existing l~ulkhead with no seaward extension do the outermost buiKhaa~ [ace. 9. Prior to shy 6onstrJction of removal of bulkheads and ot~er shorelJr~e stabilization structures all backfill shall be excavated land,yard of the bulkhead and retained so aa not to enter the waterway, tidal wetland or protected buffer area. 10. Tha~e shall be ne discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure o~ Into any tidal wetland or ad, scent area. 11. 'Fha use of wood treated with pentechiorophenoi in the construCtion of structures that will be in confact with tidal waters is strictly prohibited. 12. All repairs [o existing st, ucture8 shall be confined to replacement of existir~ alemen',s with no change in design. dimension, or materials, unless specifically authorized herein. 13 Materia~ approved to remain on-site and/or within the Departme.nt's Tidal Weltand jurisdiction must be retained so e~ not to Ce-enter any water body. tidal wetlands or protected buffer ames. Off-site, ul~and disposat of dredge matedal bayonet the Depa,tment's Tidal Wetland jurisdidt+on requires the approval of the Division of Solid ar, d Hazardous Materials (631) 444-0375 and is not covered by this permit. 14, During the dredging operation, the permittee and his contractor shell prevent spillage of sediment du ring excavation and haule~le. Dredging shall be accomplished with a ~Jarn shell ar other closed "bucket" equlr.~nent. 15. Excavated sedimems shall be placed directly'into the approved disposal site or conveyance veh cie. NO sidecasti~g (bodble dippfng) or temporary storage of dredge material ~s authorized. 16. DreOging ts prohibited ~'rom June 1 - September 30 of each year to ~,rotect spawning shel!fish and/or spawning flnflsh. 17. This permii authoriz, es two (2) dredging events during the l O year period of the permit. The permittee shall submit a Nohce of Commencement prior to each dredging occurrence, spesifying the disposal rote (includ[n~o an updated site plan). Upon completion, e Notice of Completion specifying the amount o¢ dredged material deposited at the approved disposal site must be submftted. 1-z738.00522/~0005 L PAGE ~_of 4__ NO1,1FICATION OF OTHER PERMI~EE OBLIGATION8 Ilea A; Parmi~tee Accepts Legal Eespoosibility and ~rees to Indemnification The ps~i~ee, e~cep~Jng state or federal a~en~ee, expressly agme~ to indemnify and ho~d harmless the ~pa~ment of Environmental C~nse~adon of t~e State of New York, i~ repre~ntalives, em plo~es, ~nd agents ("DEC") for all claims. ~u~ts, actions, and damages, to the exteqt etthbutab~e to ~e permi~ee's ac[~ or ~missions in connection with, or operation and maintenance of, the feciiit terms and cond~ions of the permit, This Jnc:emnificetion does ~ot extand to any extent attributable to DEC'S own negligent or intent~nal acts or ~lssio~s, or to any claims, su~s, or actions named ~e DEC end arising under AH~c~e 78 of the New York Civil PractJ~ L~/s ana Rules or any c~t?zen suit or cJvJJ rJgh~ procsion under ~ederat or stat~ laws Item B: Pe~itte~'s Contractors to Comply with Pe~it The peri,tee ~s res3onslb!e for informing its independent con~ractors, employes, agents and assigns ~ their re~p~sibi[Jty to comply w~th this p~rmit, i~cludi~g all sp~a~ mndJtioqs while ~ng as the ~rmlEee's ~en~ wi~ respect to the ~rmitted actMtJes, a~O such persoqs sh3! b~ subject to the same sanctions f~ violations of the Env~onmen~l Conse~at~on L~ as those proscribed for the ~ittee. Item C: Permiffee Responsible for Obtaining Other Required Permits ~e p~mJEee is responsible for ob:aining any other pe~its, a~provals, la~s. eas~ents and rights-of-way that may be requir~ to ~rW cut ~e activities tha~ arb authorized by ~is permit. Item D: No Right te Tresp~s er tntedere with Riparian Rights ~ls pe~it does nm conve~ to ~he permia~ any rig~ to ~ms~ss u~n t~e lands or intedere ~ the ~par~n dghts of others in o~er to pedorm ~e permitted work ~or does R authorize ~e impairment of any rights, ti~e, or interest in real or ~erso~al ptopei~y h~l~ ~ vestea in a p~son not a party to the permit, GENE~L CONDITIONS General Condition 1: Facility Inspection by the Depa~ment '1'he permibed site or facJ'ity, inc!uaing rele,/ent rec~, is subject ~o inspection at ~eesonable hours and ~nte~.als by an su~ho~d representative perm~ttee is c~¢ying with this pe~it a~ the ECL Such mpresen~flve may order the ~ suspend~ ~muant to ECL 71-0301 and SAPA 401 The permi~ee shatl provide ~ person to acc~pany ~e ~panment's ,epresent3tive during an iPspecaon to the permit area w~en requested by the Department. A c~y of ~ls permit, including a;', referenced maps. drawings end s~eciaJ ~nd~ions, must be availa~e for [nsp~ti~ by the D~anment at all times Department reorese~tative is a v[oietion of ~is p~rmit. General Condition 2: Relationship of t~ts Permit to Other ~pa~mant Or,ers and ~te~inations Unless axe. sly provided for b~' ~he Depa~ment, ~suance o[ ~is perm~ d~s ~ot modi~, supemede ~ rescind any order ~r deracination previously ~su~ by the D~a~ment or any of ~e te~s, ~ditions or requimmen~ ~ntained in such order or de[ermJnafio~ General Condition 3: Applications for Permit Renewals or Modifications The permJffee must subm~ a separate wd~en e~li~t~n to t~e Depa~ment for fenwal, m~cation or ~ransfer of this ~rmit. Such application must incJude any foam or sup~ementel information ~e Deponent require. Any renewal, m~ati~ or ~ransfer grante~ Dy ~e De~e~nt must be ~n wrying. The permi~tee mus~ submit a re~ewa[ appJi~tion a: leas~ a) 180 da~ ~ore expiration of ~rmi~s for S~ate Pollutant Dis~arge ElJm~atio~ System (SPDES), H~ardous Waste Manegemenl Facilities (HWMF). major A~r PollutiOn Co3trol ~APC) and Solid Waste Managemen~ ~acil~ies (8WMF); and b) ~ days bef~e ~pirat'on o¢ all o~¢r permit ~pe~. Submi~ia~ cf auplications for permit rental or m~i~at!~ ere to be ~ubmitted to; NYSDEO Regional Permit Administrator, Region 1, SUNY Bld9 ~0, ~y Bro¢ NY ~ t790-2~6 6enaral Coalition 4; ~rmlt Mod~ications¢ suspensions and Reve6afion~ by ~e ~pa~ment The Depa~me~ [ resets the right to modi~, suspend or revoke this ~rmtt in accordance w~h 6 NYC ~ Pa~ 821 T~ gr~nds for modification, su~nslon or revocation include; a) materially faire or inaccurate statements in the pe~it application or supporting pa~rs; b} failure by the pe~iE~ to comply wlth a~' ~erms or conditi2ns of the permit; exceeding the ~opa of ~ project as described in the permit application; d) new y discovered matenai ,nformat}on Or a ~atedal ch~ge in environmeqtal conditions, relevant technology or eppl~cab[~ law or regu~at~on~ sin~ [he !ss~e~¢e of ~e existing permit; e) nor}comcKa~ wlt~ previously i~s~ po,mit conditions, order8 of the co~i~io~E, any ~rg~,isio~s of the Env[r2nme~tai C~nservation Law or regulations o¢ the Decadent deleted [o fie pe~ tted activity, 1- !-4738-00522/0E,005 J PAGE ~. OF 4. N~¢) YORK ~'rA?E ~;~ARTM~,--NT OF ~NViRO~M~NTAL C~NSER~'AT~OI,I ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 2~, 34 AND 6NYGRR PART 608 ( TIDAL W~TLANDS) 1. If future operations by the State of New Yor;( require an alterat~n in the position of the strust~re or work herein authorized, c~r if, in tJ~e opinion of the Depa~ment ~ ~nvimnmental Conse~ation it sh~il ~u~e unreasonaDle obstruction to t~e ~¢~ ~avigat~on of 8~d waters o~ flood flOWS or e~ang~r th~ h~alth, safety o~ welfare of the pe~le of the S~te, or ca~e loss or destruction of the natu~l resources of t~ State, ~e w~ner may ~ order~ by the Depa~men[ to remove or a~ter the 8tru~tu rai work, obstr~tions, or hazards ~us~ thereby wi~out expose ~ the State. and if, upon the expiration or revocation of th~ ~rmit, the strudure, fill, ex~vati~, or other m~E~ation of the wat~course her~y authorized shall ~t he completed, ~e o~rs, shall, witho~ ex~nse to the Sta~, and to such extent and il~ su~ time ~nd manner as the Depedm~t of Environmental Con~atlon may require, remove ail or any po~ion of the uncompleied st~cture or fill eno restore to J~ form~ c~d~on the navigable an~ ~d capaci~/of ~e watercourse. No claim shall be made a~ai~st the S~e of New York on a~nt of any su~ removal or a~ters~o~, 2. The State of New York shal! ,n no case ee liable for any damage or injury to the structure or work herein authorized which may be caused by or .esu[t from future operations undertaKen by the State for the conservation or imp,'ovement of navigetio% or for ether purposes, and no claim or right to compensatior) shall accrue from any such damage, 3, All neCessary precautions ehali be taken ,'.o preclude contamination of any wetland or waten~vay by suspenced solids, sediments, fuels, solvents, lubricants, epoxy coatings, pain~, concrete, leachate or any other environmentally deleterious meteria!s associated with the project An:/rnateqe[ dredged ~n the c~riduct of the work herein permitted shall be removed evenly, without !eavin~ large refuse piles,, ridges access or along the bed of a waterway or floodplain, deposits wthin any regulatory floodway, or deep hales that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There s'~eil be no unreasonable interference with navigat;on by the work herein authorized. 6, if upon tr~e expiration or revor,;8tion of this permit, the p'ojedt hereby authorized has not been comp;eted, the app!icant shall, without expense tc the State, a,qC to such extant end t~, ecJch time and manner as the Department of Environmental Conservation may require, remove all or any porLion of the uncompleted structure or fill and restore the site to ;ts former condition. NO claim shall be made e~ai~st the State of New York on account of any such removal or a~teration. !f ~anted unde~ 6NYCRR Pa*t 008 the NYS Dapadment of Environmental ConsarvaUon hereby certifies that the subject project wil! not oo'~trevene effluent limitations or othe~ limitations or standards u qder Sections 301,30~, 303, 306 and 307 of the Clean Water Act of 'I977 (PL 9.5-217) provided that all of the conditions iisted herein are met, At ieaet 48 hour~ prior to commencement of the project, the perm;flee end cont'a~tor shall sign and tatum the top portion of the encieseC notification form certifying that they are fully aware of and understand all terms and conditions of this permit, Within 30 days of completior~ of projeb% the bottom portion of the form must also be signed and returned, alo,~j with photographs of the completed work and, if required, a survey. Ail activitie6 authorized by this permit must be in striot oonformence with tfle apt;roved plans sue'flitted by the applicant or his agent es pert of the permit application. Such apprave(~ plans were prepared by ezL:[aAtal Consultants lest revised November BO, 2005, L 1-4738-00522,'00005 PAGE 4_OF_4. I~'ru~N THIS FORM TO: COMPLIANCE BU~'lftg 40 - SUNY / PERMFr NUMBER: PROJECT LOOATIO~ADDP, ESS: ,~ OR FAX 1'O: 631.444-0297 PAGE 07/Z2 C, ONTRA~TOR NAME: PERMrrEE DATE CONTRACTOR DATE A3Ft ANYASS~XffATED RE~II.4 ~e~ ACTTV1T~& FAILURE TO ~ THiSNOTI(~ POST ~ PERMrr ,~I~N, OR HAVE THE PE~frr A~D APPR~VED PLAJ~ A VA~LABLE A T THE W~F~ ~TE F~R THE DURA11~N ~F THE PR~JECT MAY ~1jBJ~=CT THE FERMTIEE ~ ~C TOR TO ~U~LIC~LE S4NCr~N$ ~ PEN4L ~ES POR NON.COMPLUea~ ~, ~ ~'~'g~r , PERMIf NUMBER: I~EOT LOCAll~UNX~,ESS: NY~OEC, B~ 4O - SUNY OR FAX 1'O: 831-444-0297 I~.RUED TO; OONTRAOTOR DATE ....... ': ~ NO~C~ ~ PHo'ro~cu.-H6 ~ T,'& ~C~v~;-t,=~=u ~;.~.,P..A-~ A Cu~g~I.EI'ED ,~URV~¥, AS APPROPRIATE, MI,.~TBE New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. l_,, -'_.-.- .-.....--._/ Regional Permit Administrator Permit Number ( c.f /,~.~ _(~.,y~,..~/O~)cO/ / JO~ W. PAVAC~C Expiration Date NOTE: This notice is NOT a permit SE.C]IOM B-§ PLAN V~E~V t~ '-GHERY TROUGH ~T ~ PECONIC LAND TRUST PAGE 01/13 P~ 0~ Branch SUB,SECT: DEPARTMENT OF THE ARMY NEW YOF~K DISTRICT, CORP~ OF ENI~NEF-I~ NOV 0 g Application Number 2004~00~;9-L2 by Peconic ?~an~i TruSt c/o Coas~a! Ccmsul:a~ts Madison sq~aTe ~tetion, New York, Dear Sir/Mmdam: On July 19, 1904, she ICew York District Corps of Engineers race!red a request ~or Deparument o~ t~ Army authorlz&:io~ to reface a~proxim~tely 28D feet of .timber bulkhead, within an existing hatchery trough, wi~h .?vc corrugated shaa=hing. Replace~ in-kln~ a~ in-place, three (~) ~lr~ each approximately 20 in left, th. The frent weir i~ constructed in a V-shape. Replace, in-kand an~ ±n-plaoe~ a conduit grate, ~ove and replace, in-k~nd an~ in-place, the quonset hut building. ~aintsnance ~qua~e foot area, ~e~ween the weire a~d the ~u. on~et hut, to a depth of 6 feet below ~he plane of mean 1uw wa'~er. Dredge cubic yards of ma.re,iai from a 2,40~ e.c!ua~e foo~ area winh~n the katchery trough tca deDth cf 4 feet ~low the plane cf mean wa~=. Z~cavate aDpro~ima~ely ~0 c~c yard~ o~ material from a 40 foo~ long oulver'~ co~mctin~ %he ha=chary trough and The pro~ect si=~ is in ~n unna~d lagoon t~ se~es as a ~eeed on the information subm±~=ed to =his office, our review of the proJec~ indioa~es that an individual per, it reql~%red. It appear~ ~het the ac%%vi~iem wiLD. in Bhe jurisdJ, c~icD. cf zhis office could be accomplisheJ undmr =eparnmmn~ of th.z Ar~y Nationwide =e~er~I Permzt N~mber 3. Nationwide ~er~i~s prescribed in the Janusry %~ 2002 Federal Re~is~er~ Final Notice ~f Issuance, R~Issuan¢~, ~md Modification of Nationwide Per]nit~ (~7 FR 2020~. -I'hm work may ~m performed without further au:horiz&tion f~ zhis office provided ~he a0tivlty complies wlth ~he permit conditiun~ listed in $~¢tion B~ NO. =he fcilowin~ ~ecial condition, an~ any applicable regional conditions, copies ~J~i_,'2t'~b i J;!2 B%2S-~U2~: FECOHIC LAHD TRUST PA6E 82/13 or other al%e~ation, of ~he s=~=~e o= work herein o~ if, ia ~he o~inlo~ o~ t~ Secretary of ~he ~ or ~reas~able obstruo=io~ tO the free navigation o~ t~ wa=ers, =he ~ttee will be re~i~, upon due notice on acco~t of any s=z~ r~val or submitted ma~eriml. A~y major changes in =he 9reject ~y I~0Jl~re addition~l authorizations ~rom the New York DistriCt. including debrls~ do not e~t~T any waterway to b~ccme ~LTift or pollution hazards. You are ~e co~aet the appropriatm e~ate and local ~cvernm~nt officials ~O ensure ~ha% the subject work l~ performed in compliance with their requiremenas. This werlf~cat{on is valid f~r a R~riod of two y~ars from Zhe daze of this let=er, un!ass the nationwide p~mit is mod~fie~, suspended or revoked. Th~s verification will re~ain valid for two yeses f~o~ ~he date of this let=er ~:~ %he activity com~li~ w~tb ~be ter~s of any su~ss~.e~ modlf&ca~lo~.s Of the nationwide ~er~.it authorization. If ~he ~ationwide permits are ~uspended~ revoked, or modified in such a, way ~h&t the activity weu].d no lo~ger comply with ~he t~rm$ and cgndition~ of ~d~r contrac~ ~o co~e~ce, the permi~ee s~.&ll have 12 fr~m the date of such actiun =o complete %he activity. by ~hls pe~ and ~y mlti~aeion are to Si~ an~ ~t the attache~ o~li~e Russell C ~m/th, o~ my ~%a~, at (~1~) ~$%-3912. Sincerely~ 2 WL SECTION A-,A pROPO~Fn I~,~il~D/I~PL.ACE REPLAC:E.~ENT OF F,L'O.~I'~G ~1¢1~ / WA~',~ .~CREEN.5; NI/~II~EI'JANCE DREOGE SECTION !~¢.' = 1' PLAN VIEW HATCHERY TROUGH LAND TRUST PA~E 07fi3 ~C P~ OB DEPARTMENT OF THE ARMY NE~ YORK OlSTRI~T~ CO~ OF .~N~INEER"S N~ ~, N,Y, 1~ ~exmittee~ ~~ peI~nit ~t~ ,~i~ .'.,,~ NOV 0 ~ 2004 ~i~neture of ~:- ' ~' Pi=cs Stam~ Department of the Army Eew Yo:~k District Corp¢ of EnDineer$ Jacob K. Java,s Federal ~ldin? A~TN: CENA~'-OP-RR ~ew York, N~w York 10278-0090 ~JS,'i~,'20¢o'- 13:12 ~:~,,.~.4,.,...' ~ '"- ):'~., PECONIL' LAf~ l'F'Lq'r,, PAGE 88/13 TvwnHal} 88095 Route 25 P.O. Bo~ ~179 $o~thold, New Yor~ 11971-0969 Telephane (631) 765-1892 P~x ,'6~1) 765-I866 October 20, 2004 Peconic Land Trust 296 Hampton Road P,O, Be× 1776 Southampton, N'Y' 1 ~, 968 BOARD OF ?OW~ TI~USTEES TO~.rN OF $OUTH©LD /t/ED, P,E: PECONIC LAND TRUST 10273 NORTH BAYVlEW RD EXTENSION, SOUTHOLD SCTM# 79-05-20.12 Dear Peconic Land Trust: The Board of Town Trustees took the following action during its regular meeting held on Wednesday October 20, 2004, regarding the above matter: WHEREAS, PECONIC LAND TRUST applied to the $outhotd Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Cede, the Wetland Ordinsnce of the Town of Southold, application dated August 6, 2004, and, WHEREAS, sa d app cat on was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on Oc ober ~0, 2004, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board m~mbers have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this ~pplication, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, RESOLVED, that the Board of Trustees approve the application PECONIC LAND TRUST to replace inkind/inplace three (3) existing weirs/wave breaks; resurface approx. 280 linear ff. of existing timber bulkhead with PVC corrugated sheathing within an existing hatchery trough; maintenance dredge to .-6' MLW removing approx. 140 cy. dean sand from area ~f approx. 700 sq. ff. within the wein dredge to -4' MLW approx. 265cy. clean sand fill from an area of approx. 2400 sq. ft. within hatchery trough; excevate/cleanout an approx. 40' long culvert connecting the hatchery trough on the north side of the building and the lagoon on the south side of the hatchery removing approx. 80 cy. clean sand; dispose[ of approx. 580 cy. total of dean sand dredge material upland on applicant's property with capacity of approx. 540 cy., raising grade approx. 2'; all dredging to be undertaken twice over 10 years with disposal of the second dredging upland on the applicant property or in approved upland disposal site. All dredge material is dean sand. Rep!ace existing Quonset hut building with a Morton Steel cr equivalent building, w',th the condition that the derelict boat and floats associated with the boat be removed within 60 days of the date of this permit, and the condition that this permit is only for restoring, rebuilding and reconstructing the facility and an additional permit will be required from the Trustees for any aquaculture on the site, and all as per'plans prepared by Coastal Consultant last revised October 14, 2004. Permit to constru,;t and complete project will expire two years from the date the permit Is signeci. Fees must be paid, if applicable, and permit issued within six months of the date cf this notificat!on. Inspections are required et a fee of $50.00 per inspemJon. (See attached schedule.) This is not a determination from any other agency. Fees:$100.O0 Very truly yours, Albert J, Krupski, Jr. President, Board of -rrustees AJ K/hot Board Of $outhold 'Town Trustees SOUTHOLD, NEW YORK PERMIT NO ......... DATE: .Oc.t...~0.,,... f~e Sfa~ of Ne~ Y~ 1893; and ~apter 4~ of ~e SCale of New Yea 19S21 a~ ~e So~hdd To~n Ordmn~ e.- IN AND ON ?OWN WATERS ~D PUBUO ~DS a~.~ REUOVAL OF S~D, G~VEL'OR O~ER UAT~OU ~NDS ~D~R TOWN WA~RS?~, and ia ac~an~ Red'ion of ~e ~ard adopfed afa meeting held o. 20~4 and ;~ cons~erahon of fhe sum of 25L~0 pald by $~ A~ta~h~ Addendum. i,::12 Alberta Kmpsmi. Premdcnt James King, Vice-President ~en Po!iv,'~xla P~' A D~eker~or. F'ECOHIC LANFi TRUST PAGE 12/13 Town Hall 5309§ Fz,ute 25 P.O. Box ~179 Southo:.d, .New York 11971.0959 Telephone (631) 785-1892 Fax (631) 76S-1566 BOARD OF TO'~ TRUSTEES TOWN OF SOUTHOLD ADDENDUM TO PERMIT # 6014 PECONIC LAND TRUST 10273 NORTH BAYVIEW RD, EXT; SOUTHOLD SCTM# 79-5-20.2 Wetland permit to replac~ inkindiinplace three (3) existing weirs/wave breaks; resurface approx. 280 linear fl. of existing timber bulkhead with PVC corrugated sheathing within an existing hatchery trough: maintenance dredge to -6' MLW removing approx. 140 cy. clean sand from area of epprox, 700 sq. ft. within the weir; dredge to -4' Mi,W approx. 265cy. olean sand fill from an area of approx. 240(2; sq. fl. within hntcher¥ trough; excavate/cleanout an approx. 40' long culvert connecting the hatchery trough on the north side of the building and the lagoon on the south side of the hatchery removing approx. 80 cy. clean sand: disposal of approx 580 oy. totaio~ clean sand dredge material upland on applicant's property with capacity st approx 640 cy., raising grade approx. 2'; all dredging to be undert, ken twice over 10 years with disposal of the second dredging upland on the applicant property or in approved upiand disposal site. All dredge mateflal is clean sand. Replace existing Quonset hut building with a Morton Steel or equivalent building, with the condition that the derelict boat and floats associated with the boat be removed within 60 days of the date of this permit, and the condition that this permit is only for restoring, rebuilding and reconstructing the facility end an additional permit will be required from the Trustees for any acluaculture on the site. and all as per plans prepared by Coastal Consultant last revised October 14, 2004. LAND TRUST BOARD OF TOWN TRUSTEES TOW]q OF $OUTHOLD PAGE 12/'13 Town PO. Box H79 South¢ld, New Yerk 11971-0989 TclcpLon¢ (63D 765-1892 (651) 765-13~ YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION, FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE ..... Pre-construction, hay bale line 1st day of construction Y~ constructed Project complete, compliance inspection. SOUTHOLD 'T:RUSTEES Issued To ~c~- L.~l '/'ms~ Date Iol~o/c~y Address Io THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTNOLD SOUTHOI. D, N.Y. 11971 TEL.: 765-1892