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HomeMy WebLinkAboutWAPPAS, WALTER TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 July 19, 1985 Mr. Robert W. Tasker Town Attorney 425 Main Stree~ Greenport, New York 11944 Dear Bob: Pursuant to your request, enclosed please find a sketch of the Wappaus project, as proposed on the Town Owned R.O.W. at Bayshore Road, Greenport. Very truly yours, Ilene Pfifferlinq Secretary to Trustees Attachment .z~PRIL 23, 1985 LAND USE COMPANY P.O. BOX 361 WADING RIVER, N.Y. 11792 TO WHOM IT MAY CONCERN I AUTHORIZE THE LAND USE COMPANY TO ACT AS MY AGENT IN SECURING ALL NECESSARY PERMITS FOR THE CONSTRUCTION OF A BULKHEAD ON MY GREENPORT PROPERTY AND FOR PLACEMENT OF A RETAINING WALL ON_THE ADJACENT TOWN PROPERTY. WALTER A. WAPPAUS N. COUNTRY RD. $ BOX 36~ WADING RIVER, N.Y. (5~6) 9~9-3575 June 18, 1985 Board of Town Trustees Town of Southold Town Hall, 53095 Main Rd. P.O. Box 728 Southold, N.Y. 11971 Attn: Mr. Henry Smith Re: Application by Walter Wapus Dear Mr. Smith: Enclosed please find a revised project map for the above mentioned application. Also please find the application and check for said proposal. If you have any further c%_estloL questions on this application please ~ontact Chuck or myself. Very Truly Yours, Glenn E. Just GEJ/te Eric. TELEPHONE (516) 765'1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 June 17, 1985 Mr. Glenn E. Just The Land Use Company P. O. Box 361 North Country Road Wading River, New York 11792 Dear Mr. Just: Transmitted herewith is your application and check, both of which are being returned. Please fill out your application to correspond with the sketch you have submitted for the project to include the ramp. Thank you for your cooperation. Very truly yours, Henry P. Smith, President Board of Town Trustee~ Ilene Pfif feglih~ ~ Secretary to Board Attachment TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES - TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 19, 1985 Mr. Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Enclosed is the application of Walter Wappaus submitted by the Land Use Company for a Wetland Permit. This project is unlisted and our initial determination of non-significance has been made and we'wish to coordinate this action to conform our initial determination in our.role as lead agency. May we have your view on this matter. Written comments on this project will be received at this office until July 10, 1985 . We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES Ilene Pfifferling Secretary to Board Attachments cc: Commissioner Williams Southold Town Building Dept. TELEPHONE (516) 755-1892 BOARD OF TOWN TRUSTEES _ TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 19, 1985 Mr. Frank Cichanowicz, III, Chairman Southold Town Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr. Cichanowicz: Transmitted herewith is application no. 287 for a wetland permit submitted by The Land Use Company on behalf of Walter Wappaus. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES !lene Pfifferling Secretary to Board Attachment ~ TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Date: June 19, 1985 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by The Land Use Company on behalf of Walter Wappaus in connection with his application for a Wetland Permit to construct a retaining wall consisting of two 10' sections with two 10' returns. Property is located on Bayshore Road, Greenport. Henry P. Smith, President Board of Town Trustees Posted: Called Mr. Just at the Land Use Company on June 20, 1985 and spoke to Mr. Just about the approval from the Town Board for the construction of the retaining wall on the Town Property. Also the matter of the maintenance, who will take care of the ramp and bulkhead. Mr. Just will write a letter to the Town Board requesting same. June 20, 1985 TELEPHONE (516) 765-1892 BOARD OF TOWN TRI~'$TEE$ TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 1971 May 3, 1985 Mr. Walter A. Wappaus 17729 Tree Lawn Drive Ashton, Maryland 20861 Re: Retaining Wall Bayshore Road, Greenport Dear Mr. Wappaus: The Board again reviewed your request to construct a retaining wall on property located at Bayshore Road, Greenport on May 1, 1985. The Trustees are more than willing to work with you, but must insist to have a boat ramp included in the structure which should be a minimum of ten (10) feet wide. The Trustees want this ramp included so that the public will have access to the water and will be able to utilize same ..... Will you please contact this office at (516) 765-1892 to arrange for a meeting to discuss this matter. Ver? ?ruly ~~~'-d'e'nt Board of Town Trustees HPS:ip cc: Trustees Town Board File · TELEPHONE (516) 76§-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 t971 March 6, 1985 Supervisor Francis J. Murphy Southold Town Board Town of Southold Southold, New York 11971 Dear Supervisor Murphy and Honorable Town Board Members: Please find attached a Certificate of Title and subsequent letters relative to a request made by Mr. Walter A. Wappus to construct a retaining wall on property owned by the Town of Southold. The Trustees would like to recommend that if the Town Board approves this request, that Mr. Wappus constructs a boat ramp within the retaining wall. Very truly yours, H e~n]~ r~YY P~-mi t h,' President Board of Town Trustees HPS:ip Attachments TELEPHONE (516% 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 7, 1985 Mr. Walter A. Wappus 17729 Tree Lawn Drive Ashton, Maryland 20861 Re: Retaining Wall Construction Bayshore Road, Greenport Dear Mr. Wappus: We have referred your letter, together with your Certificate of Title to the Southold Town Board, regarding the above-referenced matter. Seeing that this property belongs to the Town of Southold, the Town Board would have to give the authorization for the work to be done on the premises. Very truly yours, Henry P.~Smith, President Board of Town Trustees HPS:ip CC: Town Board with Attachments Trustees file ~ TELEPHONE (51~) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 December 7, 1984 Mro Walter A. Wappus 17729' Tree Lawn Drive Ashton, Maryland 20861 Re: Retaining Wall Bayshore Road, Greenport Dear Mr. Wappus: In response to your request for the construction of a retaining wall, on property adjacent to your home, at the location referenced above the Trustees have been advised by the Town Attorney as follows: A title search will be necessary to ascertain if the Town is indeed the owner of the said propert~y. If you wish to incur this expense, the. Town Trustees would have no objection to your proposal. Please be advised also, that you will need to secure a letter of permission from the adjacent property owner for' this construction. Very truly yours, Henry p. Smith, President Board of Town Trustees cc: Trustees file RESOLUTION - JUNE 26, 1985 RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Walter Wappaus submitted by the Land, Use Company for a Wetland Permit on certain property located on Bayshore Road, Greenport. Please be advised that we have no authorization by the Town Board yet for this construction?  TELEPHONE .BOARD OF TOt$'N TRUSTEES TOWN OF SO~D Town Hall. 530~5 Maf~ Road P.O. Box ~28 Southold, New York 11971 APPLICATION IB HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF ~OUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE iS~UANCE OF A PERMIT PURSUANT TO THE LAW~, ORDI.NANCE8 AND REGULATION~ GOVERNING THE OF THE TOWN OF ~OUTHOLD, AND THE I~$UANCE OF PERMIT~ PURSUANT TO CHAPTER 3~ OF THE GODE~ OF THE TOWN OF ~OUTHOLDo APPLICATION NO.- ~ ~7 ' DATE OF APPLICATION June 18, 1~85 ~301)-774-7888 IDENTITY QF APPLIGANT Halter ~agus PHONE NO~. ADDRE88 OF APPLICANT ~a~s~ore Road, G~een~ort TAX MAP NO.~ . (516)-929-3575 AGENT Glenn E. Just of the L~nd Use Co. PHON~ NO. PERMIT REQUESTED TO Construct ~wo 10' timber bulkheads each witha 10' retu on either side o~ a Town owne~ ~oa~ ~or erosioncon~roi. '±~enatural slop ~ be%~,een the tw,o ,,bulkheads ,will be left, as is for public beach access. LOGATION QF PROPERTY FOR WHICH PERMIT WANTED Ba~shore Road, at _ Ar~hamq.D~,~--~ Greenport 17729 ?tee ~a~ ~ri~e, As~to~, ~ar~la~d 20861 ~REEK, ~AY OR HARBO~ FRO~TING PROPERTY_..~e~o~i¢ 3a~ SIZE OF PROPOSED WORK_. 40' ~ENGTH 40' · IDTH 18" ~iGHT ASOVE HIGH WATE~ 10' DEPTH BELOW kOW WATER 0 YARDS TO BE EXCAVATED 0 · YARDS TO BE FIbbED 0 2 miles WIDTH O~ CANAL, CREEK OR BAY FRONTING PROPERTY · ? DEPTH. AT LOW. TIDE n,/a ~ 4' AVERAGE RISE IN TIDE DISTANCE TO THE' NEAREST CHANNEL 100 FT, o DISTANCE PROJECT EXTENDS BEYOND SIMILAR.PROJECTS IN THE AREAFT iS THIS FOR PRIVATE OR BUSINESS USE?_,. · .~iv~e AREA ZONING Residen{iai MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED n/a INTENDED USE OF PROPERTY n~a - DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE none AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE O~ DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL · . AGENCY none DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY none WRITTEN CONSENT OF THE OWNER OF 'THE PROPERTY, IF NOT THE SAME AS THE APPLICANT,_ ~ Enclosed BOARD OF TOWN TRUSTEES -- TOWN OF. SOUTHOLD SHORT ENVIRON~ENTAL ASSESSEtENT FORi~I Project Information (To be completed by Applicant or Project sponsor) 1~ Applicant/sponsor 2. Project Name Walter ~¢lapu s 3. Project location: . Municipality Greenport County ,Suffolk 4 Is pronosed action: ~New [] Expansion [] Modification/alteration 5 Describe project briefly: Applicant proposes to construct bO' of t±~ber bulkhead in order to s¢op erosion at a Town owned road. 6 Precise location (road intersections, prominent landmarks, etc. or provide map) B~yshore Road~ Greenport 7. Amount of land affected: Initiallv 0 acres Ultimately 0 acres 8. Will proposed actmn comply with ex~stm~ zoning or other existing land use restrictions~ ~ Yes r- No If No, describe briefly 9 What is present land use in vicinity of project~' [] Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other Describe: 10. Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or local).;' [] Yes "~ 'No If yes, list agency(s) and permit/approvals 11. Does any aspect of the action have a currently valid permit or approvaff [] Yes [] No If yes, list agency name and permit/approval type 12. As result of proposed action will existing permit/a pproval require modification~ [] Yes ]~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDCE name: ~ J ' ~ ' '.~ _ ~ Signature: ~- _ ~ -'t--~ .~. ~ ¢~ PART II Environmental Assessment (To be completed by Agency) . A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.127 If yes, coordinate the review process and use the FULL/LONG FORM EAF, [] Yes [] No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.77 If No, a negative declaration may be superceded by another involved action. []Yes []No C. Could action result in ANY adverse effects on, to, or arising from the following: [Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems,' Explain briefly: C2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain briefly C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth, subseouent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary, cumulative, or other effects not identified in C1-C67 Explain briefly. C7. A change in use of either quantity or type of energy.,' Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (dl irreversibility; (e) geographic sco~3e; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show 'that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer~s Name Pre~arer's Siznatt~reiTitle Date COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: Glenn E. Just of the Land Use Co. as agent [c2EING DULY SWORN DEPOSES for Walter Wapus AND BAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. SIGNATURE OF swoR. To BEFORE DAY OF NOTARY PI ! C C} ~958, Suffolk CeuntY. E~M ! NED APPROVED "~ETLAND~" ~ERMIT (CHAPTER 97) APPROVED "BOAT,DOCK~, ~HARVES" PERMIT (CHAPTER DISAPPROVED "~ETLANDS PERMIT" (CHAPTER 97) Di~APPROVED "BOAT~,DO~K~, ~HARVE~" PERMIT (CHAPTER 32) ~ONDITION~, I F ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 9, 1985 Mr. Glenn E. Just The Land Use Company North Country Road Box 361 Wading River, New York 11792 Re: Walter Wappus Bayshore Road, Greenport Dear Mr. Just: The Trustees have reviewed your letter of June 15th. at their regular meeting held on August 1, 1985. Please be advised that the Trustees are not favorable to your proposal to bulkhead straight across the right of way with steps down to the beach. The Board has rescinded their resolution declaring lead agency on the application and, therefore, terminates the application process for this project. Kindly resubmit a new application for the work to be done for Mr. Wappaus. Attached is the application for your- convenience. If you have any questions, or need additional information, please do not hesitate contacting this office at the number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferlihg, Secretaryv cc: Trustees / Town Attorney~ File Attachment N. COUNTRY RD. ~ BOX 36~ WADING RIVER, N.Y. ~79~ (5~6) 9~9-3575 July 15, 1985 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road P.O. Box 728 southold, N.Y. 11971 Attn: Mr. Henry Smith Application by Walter Wapus, Greenport Dear Mr. Smith: Please be advised that Mrs. O'Connell, who is Mr. Wapus' neighbor to the north on Bay Shore Rd., is objecting to our proposed plan for bulkheading the town right of way between their two properties, and leaving a 10' opening. The only plan that she finds acceptable would be to bulk- head straight across the right of way and to install steps down to the beach. Please let us know if this plan will satisfy the Board's requirements as the site is unsuitable for boat launching due to the large quantity of concrete rubble. Additionally, kindly amend the permit application to include the recon- struction of Mr. Wapus' existing bulkhead. A revised map is attached. If you have any questions on this please contact either Chuck Bowman or myself. Thank you for your continued cooperation. Very Truly Yours, Glenn E. Just GEJ/te Eno. N. COUNTRY RD, · BOX 36, WADING RIVER. N.Y. ,,79: (5'6) 9~9-3575 July 13, 1985 N.Y.S.D.E.C. Bureau of Regulatory Affairs Bldg. #40, SUNY Stony Brook, N.Y. 11794 Attn: Mr. Dennis cole Re: Application No. 10-85-0764, Walter Wappus~ Greenport Dear Mr. Cole.' Enclosed please find a revised projec.t plan for the above noted application. Kindly, amend said application to inc- lude reconstruction of 45' of the existing bay side timber bulkhead within 18". Also, applicant proposes to recon- struct 33" of timber bulkhead in kind And in place on the west side of his property. The propo.sed revision on the original plan will be to construct 40' of timber bulkhead above the MHW line~ across the Town of Southold right of way for erosion control. Originally it was proposed to const- ruct two 10' bulkheads with two 10' returns. If you have any further questions on this application please contact either Chuck Bowman or myself. Thank you for your continued cooperation. Very Truly Yours, Glenn E. Just GEJ/te Enc. BOARD OF TO,tN TRUSTEES Febrnary lb, ~98~ Town of Southold Town Hall, ~309~ ~iain Road P.O. Bo× 728 Southold, New York 11 971 Attn: Henry P. Smith, President Board of Town Trustees Re: Retaining Wall Bayshore Road, Greenport,N~Yo Gentlemen: I have obtained a title search report of the property adjacent to my home per your request. The finding indicates that the Town of Southold is indeed the owner of the researched property° I have been informed by my neighbor, Mrs° Joyce O.Connor~ that she has complied with your second request and has delivered a letter of permission for the proposed retaining wall to join with her property° I would like to proceed with the retaining wail cons%ruction and would be pleased for you to grant permission for a permit to be issued for this purpose. Very truly yours,~ ~~y~~ Walter A. Wappaus ~7729 Tree Lawn Drive Ashton, Maryland 20~6~ '709 REV. 25M/10-84 Title No. T-12~5-00242 The unpaid taxes, water rates, assessments and other matters relating to taxes which are liens at the date of this ceritificate are set forth below. Our policy does not insure against such items which have not become a lien up to the date of the policy or installments due TONN OF SOUTHOLD GREENPORT (NOT INC. ) after the date of the policy. Neither our tax search nor our policy covers any part SCHOOL DISTRICT NO. 10 of streets on which the premises to be in- PREMISES A$SP-SSED 1984/85 sured abut. ASSESSED TO TO~q OF SOUTHOLD .13 ACRE If the tax lots above mentioned cover more or less than the premises under ex- amination, this fact will be noted herein. In. such case, the interested parties should take the necessary steps to make the tax map conform to the description to be insured. For infbrmation only, we set forth the assessed valuation for DIST. 1000 the current year: ! 984/8.5 Section Block Lot Land !00 053, O0 ~,J~., 00 046,000 Total I00 EX. !00 Returns Disposition: ~984/'85 T0i~ AND SCHOOL TA_vr~s E%EMPT PRIOR TO~'~ A~ND SCHOOL TA}~S PAID. PREMISES NOT iN AN iNCORPOtL~TED ViL EXCEPi' PREMISES ' ~? ,~-~-~R DiSTRiCT. Recent payments of any open items rbturned on this tax search may not yet be reflected on the public records. Therefore please request the seller or borrower to have the receipted bills available at the closing. TlCOR ,TITLE,GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY TICOR TITLE (=JARANTEE TICOI', 'TITLE INSURANCE This Certificate of Title has been prepared by TICOR TITLE GUARANTEE COMPANY, a New York Corporation, and TICOR TITLE NSURANCE COMPANY, a California Corporation, together herein called "The Company". Certificate of Title Prepared For: Walter A. Wappaus Title No. T1285-242 17729 Treelawn Drive Ashton, Maryland, 20861 Appl. File No. Nature of Transaction: Special Service Amount of Insurance: Proposed Insured: Seller or Borrower: Certify as found Selleds or Borrower/s Atty: Premises (See Schedule"A"): Town of Southold-Northeast side of Bay Shore Road County: Suffolk Town: Southold Inc. Village: Tax Map Designation: : District: 1000 Section: 53 Block: 4 Lot/s: 46 The Certificate of Title has been ~)repared in accordance with the information and instructions recelveo. If any changes or additions are desired, please notify The Company promptly. Questions concerning the within certificate should be TICOR TITLE GUARANTEE COMPANY directed to: and I~WRENCE J. L~NG TICOR TITLE INSURANCE COMPANY FOR T~E COMPANY Dated: Nov~e~ 2_9, 198~ 400 WEST MAiN STREET ~,--~ ./'~~ I~IVERHEAD. NEW YORK 1.~0.1 Certified by: // ~~ ~<.. AuthaCraz~dSignat~re 5ifi-/27-2300 j et Redated: By: Authorized Signature 701 TICOR TITLE GUARANTEETICOR TITLE INSURANCE TICOR TITLE GUARANTEE COMPANY, a New York procedures of The Company excepting (A) All loss or Corporation, and TICOR TITLE INSURANCE COM- damage by reason of the estates, interests, defects, PANY, a California Corporation, together herein called objections, liens, incumbrances and other matters set "The Company," certify to the Applicant named on the forth herein that are not disposed of to the satisfaction cover sheet herein that an examination of title to of The Company prior to such closing or issuance of premises described in SCHEDULE A has been made the policy (B) Any question or objection coming to the in accordance with its usual procedure and agrees to attention of The Company before the date of closing, or issue its standard form of insurance policy in the if there be no closing, before the issuance of said policy amount and for the transaction set forth thereon and and (C) Subject to the Conditions and Stipulations, the marketability thereof, after the closing of the Provisions, and Closing Requirements herein. transaction in conformance with the requirements and Exceptions to Coverage The following estates, interests, defects, objections to 4. Judgments against the insured or estates, interest, title, liens and incumbrances and other matters are defects, objections, liens or incumbrances created, excepted from the coverage of our standard form of suffered, assumed or agreed to by or with the privity of policy: the insured. 5. Title to any property beyond the lines of the prem- "~. Defects and incumbrances arising or becoming a ises, or title to areas within or rights or easements in any lien after the date of this policy, abutting streets, roads, avenues, lanes, ways or water- ways, or the right to maintain therein vaults, tunnels, 2. Consequences of the exercise and enforcement or ramps or any other structure or improvement, unless attempted enforcement of any governmental war or this policy specifically provides that such titles, rights, or police powers over the premises, easements are insured. Notwithstanding any pro- visions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights 3.Any laws, regulations or ordinances(including, but of access and egress belonging to the abutting not limited to zoning, building and environmental pro- owners. tection) as to use, occupancy, subdivision or improve- ment of the premises adopted or imposed by any 6. Title to any personal property, whether the same be governmental body, or the effect of any noncompliance attached to or used in connection with said premises or with or any violation thereof, otherwise. 702 R~V. 40, M/l 1-84 Tree Nc T1 2SS~2a2 THIS COMPANY FURTHER CERTIFIES that a fiooa and markefable-title to tl~e premises described in Schedul. e A. subjec't to the liens, incumbrances and other matters, if any, set forth in Schedule B of this certificate may be Conveyed by: Town of Sout'hoId Source of title By deed from Chester' F. Jacobs~ Treasurer of Suff.olk County dated 3/i/67, recor'ded 3/2/67 in Liber 612] CP 235. SCHEDULE "B" We set forth -the following matters in addition to the Closing rem]irements herein which wi!l appear in our policy as exceptions from coverage unless disposed of.to our satisfaction prior to the closing or delivery of the Doticy, A. Taxes. tax liens, tax sales, water and sewer charges, assessments and other charges set Disposition forth herein. B. Rights*of tenants, if any. NON.E C. Mortgages returned herewith and set forth herein. ', ) INSERT NUMBER NOTE: For information -Only Chapter 502 of the Laws of '9'82 ~insdrance Law Sec. 440 Subdivision 5. effective 9111182' requires that title companies offer, at or prior to closing, an optional rider to policy to cover a homeowner ,defined by the company as the natural owner'of a residential one or two family house condominium unit orcoooerativeapaF!menb for FUTURE market value of the house in an amount estimated by the insured. tForm No. X-80 must be comoleted au the closingl T CO, TITLE GUAF ANT!EEE COMPANY and T COF TFTLE h SURA xO . COI PANY 708 REV. Ti{le No. T]285-242 Disposition SCHEDULE"B"CONT, D. Final order in Liber 9322 cp 54. Amended final order in Liber 9373 cp 425. E. No title is insured to any land lying below the present or former h~gh water mark of Peconic Bay or Pipes Cove. F. Rights of the People of State of New York in those of premises now or formerly under the waters of Peconic Bay or Pipes Cove. G. Rights of the Federal Government to enter upon and take possession without compensation of ]ands now or formerly lying below the high water mark of Peconic Bay or Pipes Cove. H. Riparian rights of others than the insured, in, to and over the waters of Peconic Bay or Pipes Cove. I. The contract of sale covering the present transaction must be submitted p~jor %o the cZosing. J. Any state o te survey would show. K. The descri ~n Sc edule A is not insured wi~hout'-a submitted to the Company. L. Any state spection of the premises may d~sclose. ~i.!'~ M. Easement ~blic and of utility companies to the use o~ premises herein. N. The tax map designation must appear in the left hand mar§in of all closing'i'nstruments. NOTE' Please advise this company within 48 hours of the closing. NOTE' IT IS REQUESTED THAT THE SELLER OR BORROWER PRODUCE RECEIPTED TAX BILLS AT THE CLOSING. O. The maximum liability of this company with respect to this certificate is limited to the amount of fees actually paid. TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY YORK S~ATE TR~2~2qSFER ~i~ ~X · As of May 1, 1983, the New York State Transfer Tax will be increased to $2.00 per $500.G9 consideration or fraction thereof (or $4.00 per $1,000.00). Existing liens or encumbrances will be deductible only. where.transfer is of 1, 2 or 3 family house or individual condominium or where consideration is less than $500,000~00 Transfers made pursuant-to contracts entered prior to May 1, 1983, will be taxed pursuant to the old. law ($.55 per $500.00 or any par-t thereof). A copy of the contract must be presented with the deed to the recording officer to prove that the old rate..is applicable. IMPORTANT: If this transaction is pursuant_ ~o a contract entered into prior to M-ay 1st, 1983, and you wish to pay at the old rate, be sure to submit a copy 0fthe contract and all assignments and modifications.at closing. NOTE: Article 31-B of the Tax Law requires that on all closings which occur on or after May 28, 1983, one of the following sets of documents are required for fihng or recording a deed: 1. Affidavit on form TP-584 is sufficient where: A. The consideration for the transfer'of real property is less than $500,000.00 and .is not pursuant to a cooperative or condomirdum plan or other partial or successive transfer plan or agreemenr~ B. The transfer of real property consists only of premises actually occupied and used by the transfer as his residence. 2. Pre-transfer Audit Procedure o.n f~rm TP-580 and TP-581 are required in all other cases. These questionaires must be submitted ar least 20 days prior to the proposed ~'ansfer date to New York.Stare .Department of Taxat.ion and Finance;P.O. Box 5045, AJbap_y, NY 12205. (Fon'n IrSormation call 212-488-'6083 or 518-457,3496.) Policy No. T1285-242 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy ALL that certain' plot, piece or parcel of land, situate, lying and being in the Town of Southotdr County of Suffolk and State of New York, bounded and described as follows: N X Lot 45 on Map of Peconic Bay Subdivision E X Peco'nic ,Bay or Pipes Cove S X Lot 46 on Map of Peconic Bay,Subdivision W X Bay Shore Road T~COR TITLE GUARANTEE COIVIPANY and T~¢;,~P T~TLE ~S'UR.~ ,,~,~:,,,: CO~PANY Title No i'1285-242 The unpaid taxes, water rates, assessments and otlqer matters relating to taxes which are liens at the date of this ceritificate are set forth below. Our policy does not insure-against such items Which have not become a lien up to .the date of the policy or installments due after the date of the. policy, Neither our .tax sear0h nor our policy covers any pa-rt (TO FOLLOW) of streets on which the premises to be in- sured abut. If the tax lots above mentioned c-over more or less than the premises under ex- amination, this fact will be noted herein. In such case, the interested p'arties should take the necessary steps to make the tax map conform to the descriPtion to ' be insured. For information only. we set forth the assessed valuation for the current year: Section Block Lot Land Total Disposition: Retu ms ~xcept a~ unpaid water ob~rge.$ or Sewer Rent charges aa Company ~e8 ~o ~earoh for same. Inquiry should be made from the present owner as to w~o fux-niehe~ water ~&nd services Sewer, if ar4?, to the~e premises. 'Recent pay-nents of any open items returned on this tax search may not yet be reflected on the public recoras. ' I Therefore please request the seller or borrower to have the receipted bills available at ~he closing. T COR T TLE GUARANTEE .CO.M, PANY T COR TITLE iNSURANCE CO f, PANY the HEREBY ORDERED~ that S~'~;~,~ 7~4 ~EV. ~M/1 1-~4 .;i:'J~.-h '- i ' '~;'~ ~ ~ If closed by'examining counsel the cer- tification on the reverse side hereof must also be completed and signed by Title No. said examining counsel, REPORT OF CLOSING By whom closed Date Closed Transaction closed at office of The persons present were: Name Address Interest The identity of the persons executing the papers delivered on closing was established by the following evidence: Title policy is to be sent (Fee) -To Address (Mtge.)- To Fee [] Mtge. [] policy Address delivered on closing CLOSER: (a) Always PRINT Name of Insured fully and The following instruments were executed and delivered: completely and write all otl~er names legibly. (b) where there are two persons, indicate whether husband or 1. Kind of instrument, wife. (c) if first names are unusual indicate whether male or female. Abstract fully terms of payment of any By. mortgage delivered on closing. Show addresses- of all grantees and individual mortgages. Other information and recitals Stamps affixed $ To or With Dated. _Recorded. I p. Trust Clause? Consideration or amount $ 2. Kind of instrument Stamps affixed $ __ By_ To or With Dated Recorded I p. __ Trust Clause? Consideration or amount $ CONDITIONS AND STIPULATIONS 1. This Certificate shall be null and void: (A) If the fees therefor are not paid; (B) If the prospective insured, his attorney or agent makes any untrue statement with respect to any material fact or supresses or fails to disclose any material fact, or if any untrue answers are given to material inquiries by or on behalf of the Company; (C) Upon delivery of the policy. 2. Any claim arising by reason of the issuance hereof shall be restricted to the terms and conditions of the standard form of insurance policy. 3. If title, interest or lien to be insured was acquired by the prospective' insured prior to delivery hereof, the Company assumes no liability except under its policy when issued. MISCELLANEOUS PROVISIONS 1'. THIS CERTIFICATE IS rNTENDED FOR LAWYERS ONLY. YOUR LAWYER SHOULD BE CONSULTED BEFORE TAKING ANY ACTION BASED UPON THE CONTENTS HEREOF. 2. if the insured contemplates making improvements to the property costing more than 20 per centum of the amount of insurance to be issued hereunder, we suggest that the amount of insurance be in- creased to cover the cost thereof, otherwise, in certain cases the insured will become a co-insurer. 3. No search has been made for financing statements which are not recorded in the office of the record- ing officer of the county in which the real property lies. This Company will, upon request and in con- nection with the issuance of a title insurance policy, prepare a search for financing statements affect- ing personalty for an additional charge. 4. If affirmative insurance is desired regarding any of the restrictive covenants with respect to new con- struction or alterations, please request such insurance in advance of closing as this request should not be considered at closing. 5. Our policy will except from coverage any state of facts which an accurate survey m~ght show, unless survey coverage is ordered. When such coverage is ordered, this certificate will set forth the specific survey exceptions which we will include in our policy. Whenever the word "trim" is used in any survey exceptions from coverage, it shall be deemed to include, roof cornice, show window cornice, lintels, sills, window trim, entrance trim. bay window cornices, mouldings, belt courses, water tables, keystones, pilasters, portico, balcony, all of which project beyond the street line. 6. This Company must be notified immediately of the recording or the filing, after the date of this cer- tificate, of any instrument and of the discharge or other disposition of any mortgage, judgment, lien or any other matter set forth in this certificate and of any chancje in the transaction to be insured or the parties thereof. The continuation will not otherwise disc ose the disposition of any lien. 7. If it is discovered that there is additional property or an appurtenant easement for which insurance is desired, please contact our business department. In some cases, our rate manual provides for an addi- tional charge for such ~nsurance. CLOSING REQUIREMENTS 1. In order to facilitate the closir~g of title, please notify the closing department at least 48 hours prior to the closing, of the date and place of closing, so that searches may be continued. 2. THE COMPANY'S REPRESENTATIVE at the closing hereunder may,~not act as legal advisor for any of the parties or draw legal instruments for them. Such representative is permitted to be of assistance only to an attorney. 3. IF ANY OFTHE CLOSING INSTRUMENTS will be other than commonly used forms or contain unusual provisions, the closing can be simplified and expedited by furnishing the Company with copies of the proposed documents in advance of closing. 4. PROVISIONS of the N.Y. State Stamp Tax Act and, if the premises are located within the City of New York, the provisions of the New York City Real Property Transfer Tax Law must be complied with. 5. Identity Of All Persons executing the papers delivered on the closing must be established to the satisfaction of this Company. TRUST CLAUSE: Mortgages must contain the trust clause required by subdivision 3 of Section 13 of the Lien Law and deeds must contain the trust clause required by subdivision 5 of said section. 7. REFERENCE TO SURVEYS AND MAPS: Closing instruments should make no reference to surveys or maps unless such surveys or maps are on file 8. CAPACITY OF THE INSURED to take, hold, mortgage and convey real property must be considered. New York State Offices Principal Office and National Referral Service 120 Broadway New York. N.Y. 10271 Tel (212) 964-1000 County County ALBANY 110 State Street ONONDAGA 120 Madison Street Albany, N.Y. 12207 810 MONY Plaza II Tel. (518)465-2282 Syracuse, N.Y. 13202 Tel. (315) 474-1273 BRONX 1819 Williamsbridge Road Bronx, N.Y. 10461 ORANGE 252 Main Street, Box 610 Tel. (212) 829-3000 Goshen, N.Y. 10924 Tel. (914) 294-6101 ERIE 110 Franklin Street Buffalo, N.Y. 14202 OSWEGO 108 East Bridge Street Tel. (716) 854-2982 Oswego, N.Y. 13126 Tel. (315) 342-2184 KINGS 345 Adams Street Brooklyn, N.Y. 11201 QUEENS 112-41 Queens Boulevard Tel. (212) 964-1000 Forest Hills, N.Y. 11375 Tel. (718) 520-2600 MONROE 19 West Main Street Rochester, N.Y. 14614 RICHMOND 56 Bay Street Tel. (716) 546-6350 Staten Island. N.Y. 10301 Tel. (718) 447-4500 NASSAU 1581 Franklin Avenue Mineola, N.Y. 11501 ROCKLAND 24 South Main Street Tel. (516) 746-1234 New City, N.Y. 10956 Tel. (914) 634-1070 NEW YORK 6 East 45th Street (Midtown) New York, N.Y. 10017 SUFFOLK 400 West Main Street Tel. (212) 964-1000 Riverhead. N.Y. 11901 Tel. (516) 727-2300 NIAGARA 122 Niagara Street, Box L Lockport, N.Y. 14094 WAYNE 66 William Street Tel. (716) 434-2825 Lyons, N.Y. 14489 Tel. (315) 946-4363 WESTCHESTER 150 Grand Street Box 1252 White Plains, N.Y. 10602 Tel. (914) 946-7600 720 RE~>.~60M / 9-84 I S L A N / " PIPES COVE ....~. PL Fan g~ f~ . / ! )UTHOLD WEST NECK BA Y~.~ ~ ...... Parad~e I ~~o~ I WEST NECK HARBOR C~ ~,~ ~ ~ ' . smr~ cow FOR ADJOINING AR~ SEE MAP NO. 21 pAGE 14