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
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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