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HomeMy WebLinkAboutDEMAULA, ANTHONY TRUSTEES- ~¢ John M; Bredemeyer, IlL President Albert J. Krapski, Jr., Vice President Henry P. Smith John B. Tathill William 0. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. IJdkRRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 October 26, 1992 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Anthony & Dorothy DeMaula SCTM ~i000-!06-6-24 Dear Mr. Raynor: The following action was taken by the Southold Town Board of Trust~es on Thursday~ October 22, !992: ~ ~RE, SgLVED that the Southold Town Board of Tru~ il,C!aLm~for the ~bove reference property, as 'a~thofize~ ~he~Board President to execute BEGIlq/~ING at the point of intersection of the norther line of Lot P with the ordinary high water mark of Mattituck Creek. as shown on "Map of Shore AcresU, filed in the Suffolk County Clerk's office as map no. 4!~ rubbing thence on the extension southeasterly on the northerly line of Lot P S.78 degrees 24'15'E.-i15 feet to existing high water mark of Mattituck creek~ thence southerly along said high water mark 115 f~et~ more or less, to a point on the extension easterly of the southerly line.of Lot P; thence westerly water mark of M~ttituck Creek shown on said filed map; thence northwesterly along said high water mark about 140 feet to the point of beginning~ said point being N.42 de~rees 54~ W. 134.65 feet from the last deseribed~?int. Containing about 7500 square feet. If you have any questions~ please do not hesitate to contact this office° Very~truly yours~ President, Board of Trustees JMB :jmd cc: Town Attorney, Board Members THIS INDENTURE, made the day of October , ~neteen handred and ninety two B~IWIegN the Town of Southold, a municipal corporation of the State of New York, County of Suffolk, having offices at 53095 Main Road, Southoid~ New York, by a. majority of its duly electedrTrustees, party of the first part, and Anthony DeMaula, Jr., and Dorothy DeMaula, his wife, residing at 80 Sound¥iew Avenue, Matt tuck, New YOrk party of the second part. 'v¥1TNF-.~ETH, that the party of the first parr, in consideration of°~ dollars paid by the part3' of the second parr. does hereby remise, release and quitclaim unto the par~ of the second parr, the heirs or successors and assigns of the parry of the second part forever. .&I_I. that certain plot, piece or parcel of land. with the buildings and improvements thereon erected, situate, lying and being in the BEGINNING at the point of intersection of the northerly line of Lot P with the ordinary high water mark of Mattituck Creek as shown on "Map of Shore Acres", filed in the Suffolk County Clerk's office as map no. 41; running thence on the extension southeasterly on the northerly line of Lot P S.78°24'15"E.-115 feet to existing high water mark of Mattituck Creek; thence southerly along said high water mark 115 feet, more or less, to a point on the extension easterly of the southerly tine of Lot P; thence westerly along said extension N.87°48'00"W.-65 feet to ordinary high water mark of Mattituck Creek shown on said filed map; thence northwesterly along said high water mark about 140 feet to the point of beginning, said point being N-42°54'W.-134.65 feet from the last described point. Containing about 7500 square feet. TOGETHER with all fight, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights o£ the party of the first part in and to said premises TO HAVE AND TO HOLD the premises herein granted unto the parry of the second parr, the heirs or successors and assigns of the party of the second' part forever. AND the parry of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to reeeiv~ such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the roral 0f the sa.me for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF_.~ WHF..REOF, the part-/of the first part lms duly executed this deed the day and year first above TOWN BOARD OF TOWN TRUsTEEs By: John J. Bredemeyer, III, President TO premises second part, their heirs and assigns forever~ IN WITNESS WHEREOF, the said Town of Southold, part of the first part, has by a vote of a majority of the Board of Trustees of said Town, Caused its corporate seal to be hereunto affixed, and these presents to be subscribed by a majority of the said Board of Trustees, the day and year above written. HAVE AND TO HOLD the above mentioned and described with the appurtenances unto the said parties of the · oN d~Z OJ. 'ON 11q£LL 'zapzo o~i.tI ~(q-o~ozaq~- ottreu q pot~p oq ~q~ p~ 'uo9 os s~ 1~ l~q~ ~s o~zo~o3 q3ns s~ aua~su~ p~s m p~x~ [~s o~ 1~q1 :uo~eao~o3 p}~s ~o l~s ~q3 pqi~s~p uoBm~o= o~ ' ~o · oN ~ sap~so~ ~q t~l ~s pu* asodop PiP '~o~s ~Mp o~ fq ~u~=q '6g~ 'u~o~ om ol am =zopq ' 6I ~o ~*p o~ uO :~ ~0 A~R02 '~UOA ~N ~0 am a.~oJ;xl ' 6I aumo ~l~UOsa~d ]o ,(~p oql u0 lw4~. pa~papaott~o~ pu~ 'auomu~.,su! liu,to2a.to; ~q~ paln::~x~ oq~ puu u! pq.uosop [~np~!pu~. ~ oq m, u~oml au~ o~ aun~ /ilt, uosa~I o~t oaojoq ' 6I jo X~p ~q~ uO THIS INDENTURE MADE IN DUPLICATE THE day of"October 1992, between the TOWN OF SOUTHOLD, in the County Of Suffolk, and State of New York, by a majority of its duly elected Trustees, and in pursuaace of Chapter 615 of the Laws of New York, passed in 1893 and in pursuance of a written resolution adopted by a majority of the Board of Trustees of said Town of Southold at a meeting held pursuant to notice duly given to all members thereof on the day of October 1992, party of the first part, and Anthony DeMaula Jr. and Dorothy DeMaula, his wife, residing at Mattituck, Southold Town, Suffolk County, New York, parties of the second part: W I TN E S S ET H: THAT the party of the first part in consideration of the sum of One and 00/100 ...................... ($1.00) Dollar so said Town duly paid before the delivery hereof doth hereby grant bargain, sell and release unto the said parties of the second part, their heirs and assigns forever, ALL that piece or parcel of land situated at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at the point of intersection of the north- erly line of Lot P with the ordinary high water mark of Mattituck Creek as shown on "Map of Shore Acres", filed in Suffolk County Clerk's office as map no. 41; running thence on the extension southeasterly of the northerly line of Lot P S.78~24'15"E.-115 feet to existing high water mark of Mattituck Creek; thence southerly along said high water mark 115 feet, more gr less, to a point on the extension easterly of the southerly line of Lot P; thence westerly along said ex~nslon N.87~4~,00,,W.-65 feet to ordinary high water, mark of Mattituck gFe~k shown on said filed map; thence northwest- erly along said high water mark about 140 feet to the point of beginning, ~aid point being N.42~54'W.-134.65 feet from the last described point. Containing about 7500 square feet. TO HAVE AND TO HOLD the above mentioned and described premises with the appurtenances un~o the said parties of the second part, their heirs and assigns forever~ IN WITNESS WHEREOF, the said Town of Southold, part of the first part, has by a vote of a majority of said To~n~ caused its corporate seal and these presents to be subscribed by a Board of Trustees, the day of the Board of Trustees to be hereunto affixed, ma3ority of the said and year above written. ~ ~ 'fom~{ o; ~i~d~ { ~unici~ cor~ration of {he State of York, C~n~y of Suffolk, ~ving offices at 53095 ~tn R~d, ~i~ld. New York, by m ~ri~y of its ~y e~t~ Trust.s, TOWN BOARD OF TOWN TRUSTEES Board Of Southold Town Trustees SOUTHOLD, NEW YORK Authorization ., _ Pursuant fo the provisions of Chapter 615 of the I.~ws of the State of New York 1.893; and Chapter 404 of the ,l~.ws of the State of New York 1952, and the So~fhold Town Ordlnence en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in ecoordenoe with the Resolution of The Board adOPted at a meeting held on .C).g.~.L3.~ .... 19...7~, and in consideration Of the sum of $.....~..0.(~ . paid by ........................................ _ .................... 'of ............... ~.~&~ .......................................... N. Y. and subje~ to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: permission :co place dock o£f prtva:ce proper:cy of at Mattituck C~eek as Per all ~n accordance with the detailed specifications as presented in · ' ' appllcef' fhe~ongmatmg:.. ~on. %- IN WITNESS WHEREOF, The said Board of Trustees here- by causes, ifs Corporate. S.e. al fo be affixed, and these presents fo be subscnbed by a majorffy of the said Board as of this data. ' ~ ~0~1;~ 9~' ~oumola ~own tOWN OF SOUTHOLD JCan G.. Scat,~ iii ~ai~ R~ad B~x ll6$ Cmt~e, New t~955 ADril 25, 199i S~ibx~ld T~wa B~d a£ ~us. teea Seuthe&d ~n Hall P. O~ B~ ID79 Se~thol~,~ New Y~rk 1197~t ~ am eur~antl~ interested ~n pumckaaing the p~pert~ ~waed by ~ ~d D~o,~y BeM~a,: tha~ i~ ioca~d ~h~ D~'ch~ will h~,~ ~e~ l, iE it is. ~ed a hu~d- ~, numh~ 2,. if I c~ u~a the ~o~ ~: ~ns d~,+ fo~ m~ ~o~ widget ~ving re. b~ild, a ~ezid~e the~e ~. D~a~ h~ the ~ck caas,~c~e~ ~t~ ~ I ~ P~PO~s~ a zhailfish see& ~aa~,~ w~ c~ he aee~ ~ ~e zi~e pl~ t~t ~ hs~ enc~aad. =eached a si~ ol ~eut 6~. it is ~ke~ m~ E~e~ t~, wee~ the v~s ~e ~t~ ~d the zeed is gte&ed ~ta t~ea si~s.~ T~ see~ t~ n~ ~ea~ad apDmox~ 3/4 i~h is ~n~ ~t te~ be pL~ed in G~eat Bec~nic the ~emain~ ~eed is the~ ~et~ned to, the ~a~a ~d ~st, sid~ ~f ~e d~ck ~ill ~o~ec.t ~e I ~ a~ ~f the W~,~ Re~ti~n ~ the te~ ~ ~c~e t, 97-12 ~ck TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Ktupski, Jr. John L. Bednosld, Jr. John B. Tuthill Telephone (516) 765-1892 z Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 August 23, 1991 John G. Scott III Main Road P.O. Box 1168 Cutchogue, NY 11935 Dear Mr. Scott: With respect to your letter of of your wife of July 24, 1991 the following: April 23, 1991 and phone inquiry the Board of Trustees can offer The proposed site which you are interested in purchasing must secure a Trustee grandfather permit for the existing dock on site. Normally these permits are liberally granted, provided the structure was constructed prior.to the effective date of the Town wetland ordinance Chapter 97 June 29, 1971. Any additions for dock or pilings after this date must secure a Trustee permit if below mean high water and a wetland permit if within seventy five feet of the wetlands out to five feet below mean low water. The wetland permit exclusions you quote are not interpreted by this Board as "ordinary and usual" unless they entail day to day operations which are truly incidental to mariculture operations. Placement of permanent structures on Trustee underwater lands has always been subject to Trustee review. Small temporary stakes, lines, floats, markers, rafts etc. will not pose a problem provided they do not block navigation. Operations on land within 75' of the wetlands and incidental to shellfish culture and harvesting would not likely be regulated by this Board unless you were planning to de-vegetate or place structure on the tidal wetlands themselves or create condition conducive to wetland damage or degradation. If the upland site remains unchanged structurally, you may not be required to seek site plan approval from the Planning Board for the in water operations under Trustees scrutiny. I hope this has clarified some of your questions concerning use of this property. If you have ~ny more, please do not hesitate to call this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: jmt Page ~ ~e Drovisi~ns ~f ~ chapie~ shall r~t ~Eact ~ ioeata~ ~ the Dla~ ~f ~e ~i~ b~a~. ~e B. E~ c~ntain~ ~ thi~ ~aptem ~ ~ deem~ ~ the Di~ I h~va ~o~pea~, ~ I ~ a~e ~oa ~ f~ ~at w~] ~g G~D~ ~ the e~i hy ~tti~ck ~aek~ ~ ~a South ~$~ p~ce! c~ ~e~ f~d~ b~r ~g~r~ at W~i M~ Read ~ ihe ~ ~f the pav~ ~e~. Y~ will sea a ~i~a~y on *~ ~ight ~ is no ~i~ew~ ~t~ th~ pmeD~ty, ~d ~m h~e it ~ D~ ~asier acaes;a +~,~ the ~ fair no~, untiii a ~i~away e.a~ be ma~e thr~gh the pr~pe~ty~ is ~ eo.m~ through the page Maitit-~ck I~3ia,t Marina. il yo,u ce~ma t~o,-~gh the g~ta ~ee a dirt re.ad ai the beginning ~£ the ~auia pro~p.e~ty. ~his sd~o~t ~ead ~ill take ~ou te the hGm~ h~,~ ~ch is w~e~. I ~ve ~ ~ue. ~ the I appre~ia~a ~eu~ ca~idamatian i~ thi~ mat~e~. TP-584 (4/89) New York State · ~-' Department of See New York State Combined Real Property Transfer Gains Tax Affidavit Real Estate Transfer Tax Return Credit Line Mortgage Certificate TOWN-OF SOUTHOLD Address 53095 Main Road, Southold, NY 11971 Tax map designation DeMAULA, JR. and DOROTHY DeMAULA OescriPtion of property conveyed t Address 1000-106-6-2zi North Drive Mattituck, NY Lot P "Map of Shore Acres" Type of property conveyed (Check applicable box) I [] I - 3 family house 2 [] Residential cooperative 3 [] Residential condominium 4 E~ Vacant land 5 [] Other 11 I 6001939 Condition of conveyance (Check all that apply) a ~_Conveyance of fee interesl b. -- Acuumition of a controlling interest tstate percentage acquired o/oI c. Transfer at a controlling interest (slate percentage transferred o/0I a. Conveyance ~o cooperative i~ousing corporation e Conveyance pursuant to or in lieu of foreclosure rAKach Form TP-584.1, SChedule El 038 1 24 1677 Mattituck Southold Su.ffolk Date ut conveyance Conveyance which ;onsists of a mere change of identity or form of ownership or organization (Attach Form TP-5a4,1, Schedule FI __ Conveyance for which cred~l for lax previously paid wiff be claimed (Attach Form TP~584 1, Schedule Gl' Conveyance of air rights or eevelogmenl rights Contract assignment Option assignment or surrender Percentage of real property conveyed w,h, ich is residential real propert~ 0 I. __ Leasehold grant transfer lax is claimed. (Complete Schedule C. Part iff) o. Conveyance by gift q. __ Other (Describe) -- Schedule B - Real Property Transfer Gains Tax Affidavit (Article 31-B of the Tax Law) Check this box if a Tentative Assessment and Return is being filed with respect to your current transfer, and proceed to Schedule C without completing the following atfidavit. Also. enter the assessment number shown on the Tentative Assessment: I (we) certify thai: (check appropriate boxt ] [] The transler 3f real DroDeny consists of the execution ~f a comracl lo sell real Dropeny without the use Dr cccupancy of such properly or granlmg.ot an option to purchase real property without the use or occuoancy of such proaerty. 2 [] The transfer is a transfer of real ProPerty where the consideration is less than ];500,000 and Which is neither (At pursuant to a cooperative or condominium plan, nor (Bt a partial or successive transfer pursuant lo an agreement or plan to eltectuate by partial or successive ~ransJers a transler which WOUld otherwise De included in the coverage of Article 31-B ut tile Tax Law. The transfer is a [ranster of real properly oy tenants in common, Joint tenants or tenants by the entirety where the aggregate consideration is tess than $500.000. (Afl such transferors musl sign this form.) The conveyance is not a transfer of real oroDerty within the meaning of section 1440.7 of Article 31-B of the Tax Law (Attach documents supporting such claim, and sign on Duck as reouired.t The transfer of real properiy consists of premises wholly occupied and used by the transferor exclusively as his residence, including a cooperative apartme~ or condomimum occupied by /he transferor exclusively as a residence. (This exemption may only be claimed by an individual, estate or trust.) The governmental entity (transferor) is lhe Stale of New York. or any of its agencies, instrumentalities, political subdivisions, or public corporations, including a public corporation created pursuant to an agreement or comoact with another state or Canada. The governmental entity (transferor] is the United Nations 3r any other international organization of which the United States IS a member, the United States of America or any of its agencies or instrumentalities. s [] e [] z [] Schedule C - Real Estate Transfer Tax Return (Article 31 of the Tax Law) Part I - Computation of Tax Due 1 Enter amount of consideration Ior conveyance, lit you are claiming a lotal exemphon [rom tax enter considerahon and proceed to Part lilt .................................................................. 2 Continuing lien deduction (See instructions if property is taken sub]ecl to mortgage or lie~) ..................... 3 Taxable consideration (Subtract line 2 from line 0 ........................................... 4 Tax due: $2 for each $500, or fractional part thereof of considera ion on llne 3 ......................... 5 Amount of cred t c aimed (See instructions and a tach Form TP-584 1, Schedule G) ........... 1 -0- 2 -0'-~- 3 -U- 4 -0- 6 Total tax due* (Subtract line 5 from line 4) ....... ' ............... Part II - Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More 1 Enter amount of consideration for conveyance (same as amount in Pall t, line 1) ..................... 2 Taxable consideration (Multiply line I by the percentage of the premises which is residenhal real property) (see instructions) 3 Total ~dditional transfer tax due* (lq,~ of line £ *Please make check(s) payable to the county clerk where the recording is to take place or the Department of Taxation and Finance if payment is being made directly to the Tax Deeartment. ~ onicer's use I Amount Part~ $ ~ate~ I Transacti°n number received ~ Pan,] S _ - TP-584 [4/89) (back) Schedule C - (continued) Part Ill - Explanation of Exemption Claimed in P~rt I. tine' 1. (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the fo/lowing reason: a. Conveyance is to the United Nations. the United States of America.. the State of New York or any of their instrumentalities. agencies or political subdivisions (or any public corporation, including a public corporation created ourauant to agreement or compact with another state or Canadal .................................................................... · .bE~ b. Conveyance is to secure a debt or other obligation .............................................................. c. Conveyance is without additionaT consideration to confirm correct, modify or supplement a odor conveyance ................. c [] d. Conveyance of real property wilhout consideration and otherwise than in connection with a safe. includinc~ conveyances conveying realty as bona fide gifts .................................................................................. d~] e Conveyance ~s given in connection with a tax sa~e ............................................................... e ~ f Conveyance is a mere change of identity or form of ownership or organizatio~ where [here is no change in beneficial ownership. ,This exemption cannot be claimed for a conveyance to ~ cooperative housing corporation of rea[ property comprising the .f~ cooDerahve dwelling or dwellings.) ........................................................................... g. Conveyance consists of deed of partition ........................................................................ g ~ h. Conveyance is given pursuant to the federal bankrupt~ act .......................................................... h ~ Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such prope~y or the granting of an option to purchase real 3roperty without the use or occupancy of such properly ............................. i ~ Conveyance of an option or contract to purchase real property with the use or occupan~ of such property where the considerati~ is leas than $200.000 and such property was used solely by the grantor as his personal residence and consists of a 1. 2. or 3 family house, a residential individual condominium unit, or the sale of stock in a cooperative housing corporation fn connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative unit .............. j ~ k. Other (attach explanation) ..................................................................................... Schedule D - Credit Line Mortgage Certificate (Article 11 of the Tax Law) Complete the following only if the interest being transferred is a fee simple interest. i fwe] codify that: ¢Check a~ropriate box) 1 [] The real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner- occupied residence or dwelling. 2 [] The real property being sold or transferred is not subject to an outstanding credit line modgage. 3 [] The real properly being sold or transferred is subject to an outstanding credit ina mortgage. However. an exemption from the tax is claimed for the following reason: The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant· a tenant in common or otherwise) immediately prior tc the transfer: [] The transfer of real property is iAI to a person or persons related by blood· marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where a majority of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons: [] The transfer of real 3roperty ~s a transfer to a trustee in bankruptcy, a receiv, er, assignee or other officer of a coud: [] Other ~attach detailed explanation) ,~ ~ The real property being transferred is presently subject to an outstanding credit Pine mortgage, however, no tax fs due for the following reason: [] A cedificate of discharge of the credit line mortgage is being offered at the time of recording the deed: or [] A check has been drawn payaele for transmission to the credit line mortgagee or his agent for the balance due and a satisfaction of such mortgage will be recorded as soon as it is available, 5 [] The real property being transferred is subject to an outstanding credit line mortgage on record at (insed libor and page or met or other identification of the mortgage). The maximum principal amount expressed in the mortgage is No exemption from tax is claimed and the tax of is being paid herewilh. (Make check payable fo county clerk where deed will be recorded.) Signature and Affirmation (Both the transfero~(s)/grantor(s) and transferee(s)/grantee(s) must sign), The undersigned, being duly sworn, depose and say under penalty of perjury that the above return, nc ud ng any affidavit, codification. schedule or attachment has been examined p~ the undersigned, and is, to the best of his/her knowledge, true and complete and made in good faith pursuant te Articles 11.31 and 31-B of the New York State Tax Law. Transferor/grantor Title Transferee/grantee John J. Bredemeyer, Ill PResident Anthony DeMaula Dorothy DeMaula Subscribed to ~nd sworn belore me Subscribed to and sworn before me this day of 19 this day of State of State of County of County of Reminder: Did you com[ eta a of the required information In Schedules A and B? Were you required to ,c. omplete Schedules C and D? 'ti you checked e, f and g in Schedul& A, did you complete TP-,Cs4,.!? Have you attached your check(s) made payable to the co~dy clerk wl~ere recording will take place or the Departme"' '~',',=*i~n and Finance if payment is being made directly to the Tax Department? Jacob K, Javtl~ F,;der~l 6ui|~ling ATTN Public Notice NO. 14704-92~07240-L2 Aug 92 ~.x~;~8:24 Aug 92 The New York District~ Corps of E~gineers has received an application for a Department of the Ar{ny permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 UoS.C. 403) and of the Clean Water Act (U.S,C. 1344). APPLICANT: Mr. an~Hr$.~l~hniG. S~o~t P.O~BOx 545 '" ' C~tchogUe, NY 11935 ACTIVITY: Inst~ll aquaculture nursery WATERWAY: Mattituck Creek, Great Peconic Bay LOCATION: New Suffolk, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed to assist in your review. The decision whether to issue a per~it will be based on an evaluation of the probable impact, including cumulative impaots, of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to ~ccrue from the activity mustbe balanced against its r~asonabty ~oreseeable detriments. All factors which may be relevant to the activity will be considere~ including the cumulative effects thereof; among th~se are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values~ land use, navmgation~ ~horeline erosion and accretion~ recreation, water supply and conservation, water quality, energy needs, safety, food production and, in generai, the needs and welfare of the people. The Corps of Engineers is soliciting co.mments from the.public; Federal~ state, and local agencies and officials, Indian Tribes, and other interested partie~ ~n order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered ~y the Corps of Engineers to determine whether to issue, modify, condition or deny a permi~ for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, qeneral environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEP~). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. NANY FL-129 ~ug ' 89 ALL COM)~ENTS RE~AR~NG THE PERMIT APPLICATI~ MUST BE PR~PARED~I~ THIS NOTICE, otherwi~e~ it will be p~esUm~d that th~r~ ~re no objections to the activity. Any person may request~ in writing~ befor~ this public notice expires~ that a public hearing be held to collect information necessary t6 consider this application~ Requests for public hearings shall state, with particularity~ the reasons why a public hearing should be held~ It should be noted that information submitted by mail is considered just as carefully in the permit decision process and ~ears the same weight as that furnished at a public hearing° Pursuant to Section 7 of the Endangered Species Act and based upon a review of the latest published version of hhe threatened and endangered species listing~ a preliminary dete~ination ~s that the activity under consideration will not affect those listed or 'their critical habitat, Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for~ or included in, the Register within the permit area. Presently unknow~ archaeological~ scientific, prehistorlcal or historical d~ta may be lost by work accomplished under the required permit~ Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, UoS~ Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the ~pplicant will obtain a water quality certificate or waiver from the appropriate state agency ~n accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C. 1456(c) ]~ for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management progra~m~ the applicant has certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with~ the approve~ state coastal zone management program. By this public notice~ we are requesting the state's concurrence with, objection to~ or waiver of the applicant"s certification. NO permit decision will be made until one of these actions occur~ For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator~ New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program~ 162 Washington A~enue, Albany~ New York 12231, Telephone (518) 474-3642~ Conunents regardin~ the applicant's certification should be so addressed. In addition to any required water quality certificate and coastal z ne management program concurrence, the applicant has obtained or requested the following authorizations for the activity under consideration: Shellfish permit from the New York State Department of Environmental Conservation it is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this appticationr y~u ~ay contact this office at (212) 264-6730 and ask for Ms. Sophie Ettlnger. FOR THE DISTRICT ENGINEER: Enclosures 1. Work Description 2. Project Drawings Joseph J. Seebode Chief, Regulatory Branch CENAN-OP-RE APPLICATION NUMBER 92-07240-L2 PUBLIC NOTICE NUMBER 14704 WORK DESCRIPTION The applicants~ John G. and Sandra J. Scott, have requested DepartMent of the Army authorization to install aquaculture nursery in Mattituck Creek and in Great Peconic Bay, at New Suffolk, Town of Southold~ Suffolk County, New York. The applicants propose to grow shellfish in Mattituck Creek at an existing dock. The shellfish would then be transferred to an on-bottom location in Great Peconic Bay on lots of the applicants° The on-bottom location in Great Peconic Bay consists of approximately 200 to 300 rafts~ Each raft would consist of 4 feet by 4 feet by 6 inches or a feet by 6 feet by 6 inches vinyl coated wire mesh trays placed on 2 inch high wooden frame base. The rafts would be in lines of 10 and connected by vinyl rope~ The entire line of rafts would have a 1 inch by 14 inches styrofoam buoy at one or both ends to mark the line. Ail proposed work would be performed as shown in the attached drawings~ The stated purpose for the project is to grow- shellfish. It is noted that the applicants have been issued Department of the Army Permit No. 15335 on June 28, 1989 to grow shellfish on floating trays at the location marked existing nursery on the vicinity map. However~ due to brown tides~ the applicants are requesting to modify the project by growing the shellfish at an existing dock in Mattituck Creek and transferring them to the on-bottom location in Great Peconic Bay described above. ORIENT~ HAABO.e BAY A N C 'NORTH I=ORK BANK It is in North Fork Bank's interest to allow Dorothy and Anthony DeMaula to sell the vacant waterfront lot to Mr. Scott as described in the previously executed sales contract. North Fork Bank holds a first mortgage on the property and will receive the proceeds of the sale. Closing is to occur prior to December 18, 1992. Subsidial7 of North Fork Bancorporation, Inc. 9025 Main Road, Mattituck, New York 11952 · (516) 298-5000 · FAX 298-5182 I~umber 7908-271415 Da~.ofl~ue 2/13/80 Amov~,dlnsurane~ Name 0fInsured: ANTHONY DE I~ULA and DOROTHY A. DE MAULA $17·000. O0 Thees~teor~rerestinsuredbyth/spohcyis FEE SIMPLE vested in the/nsuredby means of a deed dated 2/13/80 from Mattituck Holding Company, Inc. to Anthony DeMaula and Dorothy A. De~ula and recorded in the Suffolk ~ounty Clerk's Office. SCHEDULE A The prem/ses in which the insured has thc estate or interest covered by this policy is described on the description sheet annexed. SCHEDULE B The following estates, interests defects objections to title incumbrances ~nd othe , hens, and r matters are expected from the coverage of figs pohcy. 1. D.cfect,s. ;md incumbrances arising or bccom~ a of ~ ~Ucy, ex.pt as hese~ prodded. 5. Title to any property beyond the lines of the premises, or title to areas within or rights or easement? in any abutting streets, roads, avenues, lanes, any provisions in this n~a~ro-~ +~ .- ...... ' twithstanding wise excepted, ins~es~,~...~"~ ~nu?y, m~s policy, unless other- to abutting owners ~,-,,~ ngacs o! access and eg~ess belon~ 6..Complianc~ by the buildings or other crectio~ upon the premises or tohrae~anUcS~Ses. W,th Federal, State and Municipal laws, regulations and 8. Mortgage dated 2/13/80 by Anthony DeMaula and Dorothy DeMaula to Mattituck Hol~ing~ Company, Inc. in the amount of $16,000.00. 9. Survey made'by Roderick Van Tuyl, dated 11/13/79, shows vacant ~and. LILCO tower stands partly on southwesterly portion of premises. O~rhead wires traverse premises ~n a northeast, southwest direction. 10. LILCO Easement in Liber 1361 cp 186 (affects premises as shown on survey) ~ No title is insured to any land lying below the present or any former ~gh water line of Mattituck Creek. 12. Except riparian rights and easemen=s of'others to and Over Mattituck Creek hut policy does not insure any riparian rights or easements in favor of the owner of the Premises herein. Au~orizedS'~ ~n o~hy~iss NOTE:ATTACHEDHERETO 1 ADDEDPAGES. ,o RODERICK VAN TUYL COLIN VAN TUYL ROD£RIE: [.~eh~d Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (5t 6) 477-O 170 DESCRIPTION: October 20~ 1992 "Filled area" in MattitUck Creek at Lot P~ Shore Acres Beginning at the point of in~er~ct~op ?f~t~e north- ~rly line of Ldt~ P with Mattituck Creek as Shown on 'Map ~f Shore A~r~s'~ filed in Suffolk County Clerk's office as map no. 41; running thence on the extension Southeaskerly of the northerly line of Lot P S.78°24'1~"E.-t15 feet to existing high water mark of Mattituck Creek, thence Southerly~alOng said high Water mark 115 feet~ more~or less, to a p?in~ 6n the ~xtensiOn easterly of ~he southerly ~in~ of Lot P; thehce westerly along said extension N187 48 00 W~-65 fee~ tO oCdi~ary high wate~ mark of Matti~aok Creek shown on said filed ma~; thence northwest- erly along Said high water mark about 140 feet ~o the point of beginning~ said point being N~42654~W.-134~65 feet from the last described point. Containing about 7500 Square feet. To Henry Raynor [~7.~.~f~.~ NI LLIAM WICKHAM ERIC d. BRESSLER ABIGAIL A. WtCKHAM VIA FAX & MAIL WlCKHAM. WICK. HAM 8: BRESSLER, P.e. MAIN ROAD P.O. BOX 142,4 MATTITUCK LONG ISLAND February 1, 191 Southold Town Trustees Town Hall Main Road Southold, New York 11971 MO~GAG E O~FICE 516-2~8-5300 TELEFAX NO. 516-2~8-2012 TO_WN OF SOU L] Re: Anthony DeMaula Gentlemen: We are the attorneys for North Fork Bank. We have just been made aware of a proposed deed for the filled area in front of the DeM~ula parcel on Mattituck Creek. Please be advised that the DeMaula parcel (Lot P) is scheduled to be sold at foreclosure sale on March 4, 1993. Therefore, upon such sale, the upland owner will be different than the party owning the filled area, and the filled area will have no access. We would appreciate mn opportunity to discuss this matter with you prior to your execution and delivery of the deed. AAW/j as Very truly yo~qrs, $outhold Town Trustees Town Hall lZ~in Road Southold, New York 11971 February i, 1993 Re: Anthony DeMaula STALE OF NEW YORK Counly of Suffolk I, EDWARD, P, ROMAINE, ClerkoftheCounlyolSuflolkar~dClerkoflheSupremeCoudo!lheSlnle of New York in and for said County (said Court being a Court of Record) DO HEREBY CER~ IFY lhal I have compared tile annexed copy o! Deed Liber //~-~, - · qnd thai it is a just and true copy of such original of Ihe whole thereof. Pg. and t- .3