HomeMy WebLinkAboutTR-212 TOWN OF SOUTHOLD
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
WETLANDS PERMIT
This Wetlands Permit No. Z.Z............ has been granted by the Town Trustees according to
information furnished in Application No. .25 ............ filed by Applicant ...J.Q.h 7...4...CZL-kbj xlzine...
Dempsex on .....MaY.. .......... 1918 .,,, A map of the proposed work will be kept
on file in the Trustee Office under the application number given.
Permit granted to do the following work .,To construct an 80 ft. catwalk
.....
floating..dock.,and..a...3.:...X...��.:...ra?nJ.?....an ... R �,es ....................................................:
...
.................................................................................................................................................................
Location of property on which work to be done .....:...........
.................................................................................................................................................................
........................ ....................................................................................................................................
Creek, Bay or Harbor fronting property .....Mattituck Creekj, gw„�zdS...Sxan.Gh.�...............
................................
.................................................................................................................................
Size of work: .Length .....80:..catwalk.....U.:...UQa.tr....2Q.:...r.=p....................:.......................
Width .......4:.. ....... loat.....�.'...xa 8................................................
HeightAbove High Water .......1.1....—.....6"........................................................................
20 ' enetration o
Depth Below Low Water ..........
Yards to be Excavated none
none
Yardsto be Filled .........................................................................................................
Manner in which material is to be removed or deposited Up..gla.t.Qxj,11...tO..b�..xemau�.d.............
or .deposited....................................................................................................................................
Intendeduse of property ....Pleasure„only............................................................. . ............1........
. .................................................................................................................
................................................
Conditions if any W th..ihp— ...Goastructed.. G2..a.............
width., . f..3........................................................................................................................................
ExpirationDate ......................................................................................................
Number of Inspections Required .. ........ b.Q...uoU fie d..upan...the...........
completion of the work.
InspectionFees ...$5...A.O.......................................................................................................................
•Liability Policies in the Amount of ........-------'-----------
. ..........................................................................................
The validity of this permit is or may be subject to the approval of other governmental or municipal
authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the
event that such approval is necessary, the holder of this permit shall not commence operations here-
under until such approval has been obtained in writing. The failure to obtain such other approval when
required shall subject this permit to immediate revocation by the Trustees upon receipt by the
Trustees• of written notice from such other governmental or municipal authorities of its refusal or
disapproval.
The applicant does by the acceptance of this permit, assume all responsibility for operations under-
taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons
and property resulting from such operations. By such acceptance, the applicant also agrees to indemni-
fy and save harmless the Town, and its officers, agents and employees from any and all claims arising
from operations under this permit and any and all acts or omissions of applicant, his agent and
employees.
The applicant and the owner and occupants of the premises upon which the operations authorized by
this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and
its officers and employees to enter upon the premises where such operations are being conducted to
make such inspections as the Town may deem necessary to insure that such operations are being con-
ducted in conformity with this permit.
This operation will not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the.fresh water resources of the town.
D. Adversely affect fish, shellfish or,'bther beneficial marine organisms, aquatic wildlife and vege-
tation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town..
G. Change the course of any channel or the natural movement or flow of any waters. _
H. Weaken or undermine the lateral support of other lands in the vicinity.
I: -Otherwise adversely affect the health, safety and general welfare of the people of the town.
. �,/ ..1 ....... ..... &-4e/
Signed
Preside t..
Board of Southold Town-Trustees
Date. .. . ....azi..../. �r.._........:..:.:....................
" Ne4H n Court
Hyde Park; N.Y. 1'1CC4Q_�U
Feb. 279 1986
Town of Southold
Town Clerk Office
Main Road
Southold, N.Y. 11971
Re: Wet Land Permit
John W. & Catherine M. Dempsey
705 Meday Ave.
Mattituck, N.Y. 11952
Gentlemen:
I am in possession of a valid
catwalk . 31 ,. , , Permit from your office to construct a 3'
. �C rawp arts: a 5' x 18° float. x 80'.
In my original application to the Town of Southold, the D.E
Corp. of Engineers I requested- a catwalk height of 18 above grade
and radethe Army
suggested a 3' above grade catwalk. The Arm �� g The D.E.C.
the construction if. a 4' clearance above y Corp. of Engineers will allow
constructing the catwalk 4' above grade in compliancde is ewithtthe Army 1Corp.
of Engineer's Permit.
However, this additional height of 21 '
in 1' closer to the shore line than nticipated. At tieessitate my bringing the float
critical situation in so far as hull and creek bottomlow clearingiisbconcerned
this location.
in
In seeking construction bids from three
. I should have requested a 6' (3) contractors each of them claim that
of the building materials available.- They
rather than a 5!X 1g' float because
are more readily They explained that buoyancy materials
y sized and priced for the 6' x 20' size than the 5' x 181 .
Si ce there would -be no appreciable interference with navigation
be ause of the 2' increase in size I therefore request Your
of this waterway
the float size the additional 30 sq. ft.therefore
s q y permission to adjust
the fces .„;i11 'havc to be adjusted if. you are in agreement.
I am aware that
Thank you for your kind and considerate attention to this re uest.
is expected to begin in late March or early April of this year. Construction
ion
You officially at .a later date. I will
y
Very truly y urs
ohn W. Deml=
o!hn
-
ALL DOCKS AND BULK- i Il
HEADS MUST DISPLAY
VISIBLE PERMIT NUMBERS. BOARD OF TOWN
TOWN. OF SOUTHOLD
ALL MOORINGS AND Main Road Telephone
STAKES MUST DISPLAY (516-765-1892)
VISIBLE MOORING NUMBERS. Southold, New York 11971
NOTICE OF ACTION - NOT A PERMIT
To... . . John, and. Catherine. DempseX. ..,, ..., ........ ...........
1. Your application, dated. .Feb,,.2 8 j. 1985,,,, , , . ,...„ . „has been reviewed by
this Board, at a meeting of the Trustees held . .. .... ....
and resulting in the action, as indicated below:
(X$;Y) Application approved.
(. . ...) Application denied.
(. .. ..) Application tabled.
2. Comments and remarks:
Your application was approved at the Trustee Meeting
held on May 29, 1985.
The following fees are now due and payable. Upon
remittance your permit will be forwarded by mail. .
3. If your application is approved above, a Permit Fee is now due, and
should be made payable to the order of the Board of Southold Town
Trustees. This fee is computed below according to the Schedule of
Rates as set, forth in the Instruction Sheet (Form 1/1) . This fee must
be paid within -90 days or reapplication and additional fee will be
necessary.
If the Permit Fee is paid in person-to the Clerk of the Board, the Permit
will be obtainable at the same .time. If the fee is paid by mail, the Permit
will be mailed in reply.
4. Computation of Permit Fee:.
5 ' x 18 ' float @ . 25 per sq. ft. _ $22. 50
3 ' x 20 ' ramp @ . 25 per sq. ft. = 15. 00
20 ' x 4 ' catwalk @ . 25 per sq. ft. = 20. 00
6 pilings $5. 00 each 30. 00
$5. 00 Wetland Inspection fee 5. 00
Total amount due $92 .50
Total Fee for this application. . . . . . . . . . . .
Signed��-C;��.-fee;2�.��2:2 . .%�X.�•?';���;�;
President, Board of So t old Town Trust
B y.C.-�<'::..�!.. .. .. .'��.�.�►; . fir.� a:'t-mac?...
1J I bb/ Clerk, Board ;of Southold Town Trustees
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Dated: May 1, 1985
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town of Southold, notice
is hereby given that the Southold Town Trustees, as lead agency
for the. action described below, has determined that the project,
which is unlisted will not have a significant effect on the
environment.
DESCRIPTION OF ACTION
Application of John W. & Catherine M. Dempsey to construct a catwalk
ramp and float on property located at 705 Meday Avenue, Mattituck.
The Catwalk will be raised- 3 ' over the meadow.
The project .has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Because there has been a response from the Southold Town
Conservation Advisory Council indicating that this project would
not have a significant effect to the environment.
Because there has been no response in the alloted time from the
New York State Department of Environmental Conservation and the
Southold Town Building Department, it is assumed that there are no
objections nor comments from those agencies.
Further information can be obtained by contacting Henry P. Smith,
President, Board of .Town Trustees; Southold Town Hall, Main Road
Southold, New York 11971.
Copies to:
Charles Hamilton, DEC,- Stony Brooke John & Catherine Dempsey
Commissioner Williams, DEC, Albany Trustees
Southold Town Building Department File
Southold Town Conservation Advisory Council
Town Clerk' s Bulletin Board
® (,.g
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: March 13, 1985
To Whom It May Concern:
Attached hereto is a .Short Environmental Assessment Form
submitted by Mr. John W. and Catherine Dempsey in connection
with their application for a Wetland Permit to construct a
catwalk, ramp and float on property located at 705 Meday Ave. ,
Mattituck.
Henry Smith, President
Board of Town Trustees
Posted on Town Clerk' s Bulletin Board
March 13, 1985
00
s4 `
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 13, 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. 253 for a
wetland permit submitted by Mr. John & Catherine Dempsey.
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
Ilene 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
March 13 , 1985
Charles T. Hamilton
Alternate Regional Permit Administrator
N.Y.S. Dept. of Environmental Conservation
Bdilidng 40, SUNY - Room 219
Stony Brook, New York 11794
Dear Mr. Hamilton:
Enclosed is application -of Mr. John & Catherine M. Dempsey
to construct a catwalk, ramp and float dock in Mattituck.
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 April 2;
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
z�
Ilene Pfifferling
Enclosures Secretary to Board-
cc: Commissioner Williams
Southold Town Building Department
TM IN OF, SOUTHOLD
SHORT ENVIRONMEP' �L' ASSESS�AENT FORM
INSTRUCTIONS :
a In order to answer the questions in this short EAF it . is assume
that the preparer will use currently available information concerning the
project and the likely impacts of the action . It is not expected that
additional studies, research or other investigations will be undertaken .
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary .
(c) If all questions have been answered .No it is likely that this
project is not significant .
(d) Environmental Assessment
1 . Will project resu t in a large , physical change
to the . project site or physically. olte.r more
than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . . Yes V No
2. Will there be a major change to any unique or - /
unusual land form found on the site? . . . . . . . . . . Yes V No
3. Will project alte.r. or have a large effect on
existing body .of water? . . . . . . . .... . . . . . . . . . . . . . . Yes V No
4. Will project have a potentially large impact
on groundwater quality? . . . . . . ... . . . . . . . . . . . . . . . . Yes INO
5 . Will project significantly effect drainage /
. flow on adjacent sites? . . . . . . . . . . . . . . . . . . . Yes V No
6 . Will project affect any threatened or - /
endangered plant or animal species? . . . . . . . . . . . Yes VINO
7 . .Will project result in a major adverse effect /
on 'air quality? . . . . . . .. . . . . . . . . . . . . . . . . Yes V No
. 8 . Will project have a major effect on visual
character of the community or scenic views or /
vistas known to be important to the community? Yes '/ No
9 . Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area /
by a local agency,? . . . . . . . . . .. . . . . . . . . . . . . . Yes / No
10 . Will project have La major effect on existing
or future recreational opportunities? . . . . . . . . . Yes V No
11 . Will project result in major traffic problems
or cause a major effect to existing
transportation systems?.. . . . . . . . . . . . . . . . Yes /No
12 . Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance as a result of the project ' s
operation? . . . . . . . . . . . . . . . . . . . •
. . . Yes V o.
13 . Will project .have any impact on public health
or .safety? . . � Yes No
14 . Will project affect the existing community by
directly causing a growth in permanent
population of more than 5 percent over a one .
year period or have a major negative effect
on the character of the community or
neighborhood? . . *
Yes No
15 . Is there public controversy concerning the
project? . . . . . . Yes No
PREPARER ' S SIGNATURE �'-
V 6
REPRESENTING YJ� L�� C�%`` �ti���'��" X11Ai1_ 's«D'ATE �`�
l - -
A
located at Reydon Shores foot
of Reydon Drive;Southold. STATE OF NEW YORK )
= LEGAL NOTICE ,'.:-8:02 P.M:= In the.matter'of
NOTICE OF HEARINGS" ::: the application-of John W.and ) SS:
ON WETLAND < Catherine M.'Dempsey to con=: COUNTY OF SUFFOLK )APPLICATIONS '`:`:;: stiuct a catwalk,'ramp and float
NOTICE IS HEREBY GIVEN on'property., located...at:,'705
that public hearings will be held Meday Avenue,Mattituck:!;,:• ANNA LEKKAS
by the Town Trustees of the 8:04 P.M. -- In the matter of of Greenport, in
Town 'of Southold, at the'. 'the application', of:':Margaret said County, being duly sworn,says that he/she is
Southold Town Hall,Main Road,` White to construct a'dock con
Southold, New York, on WED- ::`:sisting.of.a catwalk, ramp and Principal Clerk of THE SUFFOLK TIMES,a Weekly
NESDAY,MAY 29,1985 on the float on property located at Old Newspaper, published at Greenport, in the Town
following. applications for per- Pasture Road,Cutchogue.
mits under the provisions of the 8:06 P.M. -- In the matter of of Southold, County of Suffolk and State of New
Wetland Ordinance of the Town the application of Louis Jahier York, and that the Notice Of which the annexed is
of Southold: _ s:..:.:;, submitted by En-Consultants,
8-00 P.M. --'In the matter of .,...,Inc.to construct a timber dock;: a printed copy, has been regularly published in
the application `of Edward 'i'consisting".of..a nxed"ele4ated-
McGurn on behalf of. the walkway,hinged ramp and float said Newspaper once each week for ONE
Reydon ..-Shores Property secured byspileson property lo-'. Weeks successively, commencing on the 16
y M a
Owners Association, Inc. to cated on a R.O.W. on the day _ 19
maintenance dredge and extend north side of Main Road,East $5—
return in the cut; repair or re-. Marion. .
place as necessary bulkheading,. . All persons interested in said
sheathing,and spiles on property matters should appear at the
time and place above specified'
„ and will be given an opportunity
to be heard. Comments may be Principal CI rk
submitted in writing also.
DATED:May 6, 1985
Henry P.Smith,President , Sworn to before me this_1 6__
Board of Town Trustees May
1TMy16-4890 y of 19 8 5 ANN kt ABATE
PUBLIC;State of New York
Suffolk County No.4748183
Term Expnes March 30, 19-77
COUNTY OF SUFFOLK ss:
STATE OF NEW YORK
- LEGAL
.' NOTICE OF HEARINGS ON
WETLAND APPLICATIONS ,:; Patricia .Wood, being duly sworn, says that she is the
Editor, of THE LONG IS TRAVELER-WATCHMAN;
?; NOTICE IS HEREBY.'GIV-.:: a public newspaper printed at Southold, in Suffolk County;
"EN that public hearings will be the
' inted copy,
held by,the Town'Trustees oe. _ and that the notice on saidhLongal land Tr ve err-Watchman
the Town of o h at th has been published
weeks
Southold:,Town.,,,Hall, Main r; once each week for . • • • • • • • • • ' ' ' ' '�. . . . . . .
``Road,:Southold;New York,;on w f
i :WEDNFSDAY,MAY 29,A985;1; . . • , , , , , , , . .
on the following..applications:;,;;: successively,commencing on the . . . . . .
,.
:for permits, under the provi=_; i.
'signs of the'Wetland;Ordin- • , , , •� 19 . •
n.of Southold:, day of . j '
y ante of the Tow. .
:00 P I hermatter of . .
heat. , :,of. ::Edward-.-, � . . . . .
thj..,'Pp of the . .
:on :behalf I ._
'Re don Shore Property Own
Association. Inc. to main
-
SSW dredge and extend /
return in.,the cut,`.repair of , ,G, • day of
replace a. necessary''bulk. Sworn to before me this .
heading,sheathing,and spiles
rty located at Reydon cu, , 19 . . ��
::.on prope . . . . . . . . . . . . . . . .
Shore,' foot of Reydon:Drive;,`,
:`•`Southold: .
8i02 P.M.- In- the matter of
the application of John . .
Catherine M. Dem. . . . .
construct,a catwalk, ramp an Notary Public
float on property located at 705
`Meda A enue` Mattituck. BARBARA FORBES
8:04 P.M. In the matter of Notary Public, State of New York
the application :of Mar aR_et No, 4806846
White to construct a dock Qualified in Suffolk County
consisting of a-eatwalk,.ramp Commission Expires March 80, 19Fe-
and float on property located
at Old' Pasture Road �• Cut--.
chogue ' matter 8•06 P.M.-,in the ma -
°`'the application of LouiJahier
- submitted:bv En=Consultants,
to construct a timber dock,
consisting of'a'fixed elevated
walkway,_ hinged .ramp':and
float secured by spiles on.pro-`
perty located on a'R.O.W. on
thrth side of Main Road,
East Marion:
All persons.'interested in
said matters.should appear at
the time.'and. ,place..above
specified and will be given an,
opportunity to be heard. Com=
. nts, may be submitted in
writing a so:l ,:.
�
DATED:. May 6,'1985'
Henry P.Smith,President
Board of Town Trustees' I
... . 1T-5/16/85(21)
May 1, 1985 Meeting
Information regarding to ltem no. 5 on behalf of
John W. & Catherine Dempsey.
- 'PERMIT NO'.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
10-85-0281 .
PERMIT i - - •Y: .i,
UNDER THE ENVIRONMENTAL CONSERVATION LAW
H
ARTICLE 15, (Protection of Water) ® ARTICLE 25, (Tidal Wetlands)
ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas)
PERMIT ISSUED TO
John W. & Catherine Dempsey
ADDRESS OF PERMITTEE
One Tryon Court, New Hyde Park, NY 11040
LOCATION OF PROJECT(Section of stream, tidal wetland,dam, building)
Mattituck Creek, Howards Branch, 93' west of Illinois Avenue
DESCRIPTION OF PROJECT
Construct a 80' X 4' open pile catwalk, 20' X 3' ramp and 5' X 18' float a minimum of 3' above
grade over vegetated tidal wetlands as per supplied plans.
COMMUNITY NAME(City,Town, Village) TOWN
Mattituck Southold
COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE
Suffolk December 31, 1986
GENERAL CONDITIONS
1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any dam
Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused b)
hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation
promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right
2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage.
representative of the Department of Environmental Conservation who may 9. That if the display of Iights and signals on any work hereby authori;
order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be L
3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintai
cepted expressly, tiy.the execution of the application, the full legal respon-
sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in as
ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner.
indemnify and save harmless the State from suits, actions, damages and '
costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the r
to reconsider this approval at any time and after due notice and hearin,
4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be faun,
shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit,
bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed,
cause injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to_such extent and in
time and manner as the Department of Environmental Conservation may req.
5. Any material to be deposited or dumped under this permit, either in remove all or any portion of the uncompleted structure or fill and restore
the waterway or on shore above high-water mark,shall be deposited or dumped site to its former condition. No claim shall be made against the State of
at the locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration.
thereon, within or behind a good and substantial bulkhead or bulkheads, such
as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant
right to trespass upon the lands or interfere with the riparian rights of oth-
6. There shall be,no unreasonable interference with navigation,by the to perform the permitted work or as authorizing the impairment of any righ
work herein authorized. title or interest in real or personal property held or vested in a person no
7. That if future operations by the State of New York require an alteration party to the permit.
in the position of the structure or work herein authorized, or if, in the opinion 13. The permittee is responsible for obtaining any other permits,
of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for t
obstruction to the free navigation of said waters or flood.flows or endanger project.
the,health, safety or welfare of the people of the State, or loss or destruction
of the natural resources of the State,the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the b.
ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law
thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special FI
of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project will
watercourse hereby authorized shall not be completed, the owners shall, free from flooding.
without expense to the State, and to such extent and in such time and manner 15. By acceptance of this permit the permittee agrees that the pc
as the Department of Environmental Conservation may require, remove all or is contingent upon strict compliance with the special conditions on
any portion of the uncompleted structure or fill and restore to its former reverse side.
condition the navigable and flood capacity of the watercourse. No claim shall
be made against the State of New York on account of any such removal or
alteration.
95-20-4(9/75) (SEE REVERSE SIDE)
SPECIAL CONDITIONS
SEE ATTACHED CONDITIONS A - J
Alternate
PERMIT ISSUE DATE PERMIT ADMINISTRATO -r ADDRESS Bldg. 40, SUNY--Room 219
April 11, 1985 Charles T. Hamilton Stony Brook, NY 11794
New York State
Department of Environmental Conservation
vNOW NOTICE
r
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted on this site. For further informa-
tion regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Alternate
Regional Permit Administrator
Charles T. HamUtaa
Permit No. 10-85-0281A
Expiration Date December 31, 1986
95-20.1(11/82) NOTE: This notice is not a permit
New York State Department of Environmental Conservation
Regulatory Affairs Unit
Bldg. 40, SUNY--Room 219 Henry G.Williams
Stony Brook, NY 11794 Commissioner
(516) 751-7900
April 11, 1985
John W. & Catherine Dempsey
One Tryon Court
New Hyde Park, NY 11040
RE: 10-85-0281
Dear Mr. & Mrs. Dempsey:
In conformance with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing Regulations (6NYCRR, Part 621) we
are enclosing your permit. Please read all conditions carefully. If you
are unable to comply with any conditions, please contact the Regional
Regulatory Affairs Unit, NYS Department of Environmental Conservation,
State University of New York at Stony Brook, Building 40, Stony Brook,
New York.
Also enclosed is a permit sign which you are to conspicuously post at
the project site, protected from the weather.
Very truly yours,
Charles T. Hamilton
Alternate Regional
Permit Administrator
CTH:co's
Enclosures
On motion made by Marty Garrell, seconded by John Tuthill
RESOLVED to recommend to the Town Trustees approval of the
wetland application #253 submitted by Mr. John. & Catherine Dempsey
providing the catwalk be constructed to a height of 2 ' 6" above
reedgrass and a width of 3 ' because of the nature of the grasses.
Vote of Council: Ayes: All
On motion made by Robert Hood, seconded by Marty Garrell
RESOLVED to recommend to the Town Trustees approval of the
wetland application #254 submitted by The Chesterfield Association
Inc. , for John Loretto to construct bulkhead to prevent bluff erosion.
Glenn Ct. Cutchogue.
Vote of Council: Ayes: All
On .motion made by Rachel Duell, seconded by Marty Garrell
RESOLVED- to-.recommend -to the Town Trustees approval .of the
wetland application #255 submitted by Margaret White to replace
a dock west of the existing dock. Cutchogue.
Vote of Council: Ayes: All
On motion made by Rachel Duell, seconded by John Tuthill
RESOLVED to recommend to the Town Trustees approval of the
wetland application #256 submitted by En-Consultants, Inc. for
Louis Jahier. to construct a timber dock, walkway,. ramp.
East Marion, NY.
Vote of Council: Ayes: All
On motion made by John Tuthill, seconded by Betty Wells
RESOLVED to recommend to the Town Trustees approval .of the
wetland application #257 submitted by Reydon Shores Property
Owners Association to maintenance dredge at mouth of cut. extend
return at mouth of cut. Repair or .replace as necessary; bulkheading
sheathing, piles.
Vote of Council: Ayes: All
Respectfully submitted,
Jane Rousseau
Secretary
The regular meeting of the Conservation Advisory Council
was held at 7: 30 p.m. on March 26, 1985 at Southold Town Hall,
Main Road, Southold.
Present were: Frank Cichanowicz - President.
Robert Hood
John Tuthill
- Betty Wells
Martin Garrell
On motion made by Frank Cichanowicz, seconded by John Tuthill
RESOLVED to recommend to the Town Trustees approval of the
wetland application .#248 submitted by En-Consultants, Ind. on
behalf of Mattituck Inlet Marina to replace bulkhead and backfill.
Mill ' Road, .Mattituck.
Vote of Council: Ayes: All
On motion made by ._Betty Wells, seconded by John Tuthill
RESOLVED to" recommend to th•e Town Trustees approval .of. the
wetland application #249 submitted by John Kerbs to construct
fixed catwalk to floating dock for access to navigable wake.
James Creek, Greenport.
Vote of Council: Ayes: All
On motion made by Rachel Duell; seconded by John Tuthill
RESOLVED to recommend to the Town Trustees approval of the
wetland application #250 submitted by En-Consultants, Inc. for
John Dempsey to construct a timber dock. consisting of a elevated
walkway, ramp and float. Haywaters Drive, Cutchogue, NY.
Vote of Council: Ayes: All
. .On..motion .made by...Mar.ty .Garrell, 'seconded .by.-John .Tuthill
RESOLVED to recommend to the Town Trustees approval of the
wetland application #251 submitted by En-Consultants, Inc. on
behalf of Kearnsport, Ltd. to remove existing docks and install
similar docks consisting of ramp off bulkhead, floats, and to
dredge. Greenport.
Vote of Council: Ayes: All
On motion made by Frank Cichanowicz, seconded by .John Tuthill
RESOLVED to recommend to the Town Trustees approval of the
wetland application #252 submitted by Peter T. Neyland, _II .to
maintenance dredge. East Marion.
Vote of Council: Ayes: All
RESOLUTION No. 4 To declare lead agency on the Wetland
Application of John W. and Catherine M. Dempsey.
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 John W. and Catherine
M. Dempsey for a Wetland Permit on certain property located
at 705 Meday Avenue, Mattituck.
3/13/85 I .called the DEC and spoke to Mr. Cole who
advised that they have received an application, but it has
not been acted upon yet.
MIN OF SOUTHOLD
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS :
a In order to answer the questions in this short EAF it . is assumf
that the preparer will use currently available information concerning the
project and the likely impacts of the action . It is not expected that
additional studies, research or other investigations will be undertaken .
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary .
(c) If all questions have been answered .No it is likely that this
project is not significant .
(d) Environmental Assessment
1 . WIT project resu t in a large physical change
to the . project site or physicolly. altes more /
than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . . Yes �l No
2. Will there be a major change to any unique or -
-unusual land form found on the site? . . . . . . . . . . Yes VINo
3. Will project alte•r. or have a large effect on
existing body .of water? . . . . Yes V No
4. Will project have o potentially large impact INO
on groundwater quality? Yes
5. Will project significantly effect drainage /
flow on adjacent sites? . . Yes V No
6. Will project affect any threatened or /
endangered plant or animal species? . . . . . . . . . . . Yes V No
7. Will project result in a major adverse effect
on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . Yes V/No
.8 . Will project have a major effect. on visual
character of the community or scenic views or
vistas known to be important to the community? Yes 'y/No
9 . Will project adversely impact any site or ,
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area /
by 'a local agency.? . . . . . . . . .: . . . . . . . . . . . . . Yes V No
10 . Will project have amajor effect on existing
or future recreational opportunities? . . . . . . . . . Yes V ,a
11 . Will project result in major traffic problems
or cause a major effect to existing
transportation systems?.. . . . . . . . . . . . . . . . Yes v No
12 . Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance as a result of the project ' s
operation? . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Yes No
13 . Will project have any impact on public health
or .safety? . . . . . . Yes v Pdo
• 14 . Will project affect the existing community by
directly causing a growth in permanent
population of more than 5 percent over a one
year period or have a major negative effect
on the character of the community or
neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No
15 . Is there public controversy concerning the
project? . . . . . . Yes No
PPEPARER ' S SIGNATURE ------ .��
REPRESENTING . /4 l�:r ;!%- � ` ;�-- /6/ �bATE �
John W. Dempsey
1 Tryon Court
New Hyde Park, N.Y. 11040
Feb. 27, 1985
Town of Southold
Town Clerk's Office
Southold, N.Y. 11971
Gentlemen:
Re: Compliance of Instruction "D"
After work is completed, the premises will retain the original,.natural
state with the exception of the newly constructed catwalk over and above
the existing reed grass. There will be no other structures added or
alterations to the areas's natural growth.
Re: Compliance of Instruction "F"
Please be advised that no known prior operations-were conducted on the
premises and no known licenses or permits have been issued to erect structures
or to dredge or deposit fill on said premises.
ENV
Applicant
John W. Dempsey
1 Tryon Court
New Hyde Park, N.Y. 11040
Feb. 27, 1985
Town of Southold
Town Clerk's Office
Southold, N.Y. 11971
Gentlemen:
Attached is a copy of a legally entered into contract for purchase of
a portion of an adjoining property to mine. I offer this document in
substitution of a letter as written permission to seek a wetland permit.
Your attention is directed to item 27 wherein the seller approves of the
application for a permit. I hope this submittal meets with your approval.
Very truly yours,, _
I
John W. Dempsey
Specification for Construction of Catwalk, Ramp and Float
The catwalk shall be constructed entirely of pressure treated marine grade lumber. Piling
to be minimum of 6" dia. driven to 20 feet penetration or until refusal. Two rows of pilings
shall be set 10 feet apart on centers for entire length of 80 feet span of catwalk, .Rows
shall be spaced 3 foot 6" on centers
Stringer for attaching decking to, shall be minimum of 3" x 6" and 20 feet long, attached
to inside of pilings with hot dipped galvanized 5/8" bolts, washers and nuts. Bolt holes
in pilings shall be countersunk sufficiently to receive bolt heads. 3"x6" cross members
are to be attached with 5/8" hot dipped galvanized bolts, washers and nuts.
Catwalk decking shall be 5/4"x6" spaced 14" apart and nailed to 3"x6" stringers with 10d
hot dipped galvanized nails.
Height of catwalk shall be no higher than 1' - 6" above reedgrass and shall not in any case
be lower than the reedgrass. The height shall conform with the height of adjoining catwalks.
The ramp shall be constructed entirely of pressure treated marine grade lumber. Stringers
shall be 2" x 8" x 20' . Decking shall be 5/4" x 4" spaced %" apart using hot dipped 10d
galvanized nails. Cross pieces of 2" x 8" between stringers shall be attached with Y" x
1" x 1" hot dipped galvanized Angle-Iron 6" in length and attached with 4 - %" hot dipped
bolts. Bolt holes to be countersunk on outer surfaces of stringers. 2" x 8" ramp stringers
shall be attached and pivoted to 3" x 6" stringers of catwalk with a 3/4" x 40" hot dipped
galvanized bolt, washers and locknut. Stringers shall first be drilled to receive galvanized
bushings which will be pressed into the stringers to act as bearing surfaces for the pivot
pin.
The float shall be constructed of pressure treated marine grade lumber. Framing for decking
and bouancy chamber shall be of 2" x 10" material. Marine grade styrofoam shall be used in
the bouancy chamber. Decking shall be of 2" x 8" material. All fasteners including bolts,
nuts, washers, nails and angle brackets shall be of hot dipped galvanized iron.
`J
;Ion
itl LW
i
of 0 pe7Av 24 tuts
11-4
.20 e -vAl OR S.41_
Seek cav
LWO t
BEST
�LGO . � �I �c��
1 i6
R
rQ� m,k A`r' F&- -r" 1� 1.t n/cr� � , .
W •
'Town Of Southold
Town Clerk's 011icc
Southold, N. Y.
APPLIC_LTION FOR WETL,0_DS PERIIIT
Applicc"cn ................... Date of Applicction ... : :.. 5�......�.. .........
John W. and Catherine M. Dempsey
Identityof Aopliccnt .............................................................................................................................
1 Tryon Court, New Hyde Park, N.Y. 11040
Addressof Appliccnt .............................................................................................................................
INSTIRUC1TIONS FOR PERMIT
A. This application is to be completely filled in by typewriter or ink and submitted to the Town
Clerk in qucdruolicate, accompanied by writter permission from the owner of the property if -nct—_
the some as the applicant.
B. Pilot Plan must be drawn to scale on the reverse side of this epplicction showing the Icceticn
of property, the names and locations of owners of adjoining prcperties, and a detailed descri;:ti=n
of proposed project. (Note: Copies of the Pilot Plan may be mcce by a copy machine and ettcc^ed
to the Permit Application)
C. No operation shall be initiated by the applicant until cll permits that ore required are issued.
D. A detailed statement of the rehcbilitction and prc posed condition of the premises after the
work is completed must be given, including a survey'if required.
• E. If permit is being sought.for a more sizeable excavation Than the construction of a private
single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey
shall be based upon an approval local coordinate system. The vertical control for elevation and sound-
ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological
Survey datum.
F. A statement must accompany the application describing any known prior operations conducted
on the premises in question and whether any prior licenses or permits hove been issued to erect
structures or to dredge or deposit fill on said premises and whether any such permits or licenses
were ever revoked or suspended by a governmental agency.
G. A filing fee of $50.00sholl accompany the arplicotien. This filing fee inc!udcs one inspection.
there is a $5.00 fee for each additional inspection.
H. The Town Board upon request ('f_ % applicant for a permit, may waive in whole or in part,
the provisions of Article II, Section9:r , subdivisions ( and ,Cr where it finds that nature of the
proposed operations are such that the requirements of such provisions are not necessary for a
proper ccnsidcrction of a permit cpplicction.
I. Upcn _:grovel of this cpplicotion the Town Clerk •Pill issue a permit to the ep:liccnt. Such
ermjr shcil .1-c avcdcble for inspection of any time, upon request.
Excmir.cd .......... .. ............... .................... 19.......
ApProed ............ ........................ .......................
Disccorovzd .......................
;f 'an.i .....................,,...,............. .... .. .................. ...........
. ................................................................ ....
................................................................................
ExcminingEcdy .....................................................................................................................................
Sicnc..:re of Chcirmcn ............................:.......................................................................................
AFF_IC IS riE =3Y MACE to the Town Soord of the Town of Sou"^old, Su-x !k Ccun~,-
ew York, for the issucr.ce of a permit pursucr.t
N to the Laws, Crcincrc=_s and iceg :!cti •-� g=ve ^
mg e Cccs;cl and Interior Wetiends, Ficcd Plains and Cre:ncce ArE^_s of the Tcwn o.
John w. and Catherine M. Dempsey
Permitrecuested to ..................... ........................................................................
..................................._
........................................................................................:.,� .. ............
f t d Lot Numbers 58, 59, "Map of ..........
Lccct'.c cf p pe y _ ..._................................. ....... ................. .........
,,,,,,� rc^_rr for which permit wants
Tollewood at Mattituck (705 Meday Ave., Mattituck)
..............................................................................................
1 Tryon Court
H'a e cc. c.�ss of permit cpp(icc if di f; rert .rem aferesc::; lccc;.cn ...... .......
New Hyde Park, N.Y. 11040
................................................................................................. ............
Mattituck Creek (Howards Branch) .
Cree', 5e, or Herb., frcr.,ir,g pr^crry .................................................................................................
................................................................................
Size of prcresed wort:
80' - 0"
Length ....................................................................................................... .........................................
Width ........... t......... 0.......�1...'.................................................................................................
HeightAbove High Wctcr .......................1f.. ..60�................................. . .....................................:..:.
20"Penetration or Refusal of Riling.
DepthEclew Low Water .......................... . ........._......................................._.......................................
None
Ycrdsto be Excc•rctcd ...........................................................................................................................
None
Ycrd: to be Filled .............................................................................. ................................................
Approx. 300'
Widthof cercl, creel; or boy fronting prcpert� ................................................................................
Cex:n a; L:w Tic.'c ..........................................................8�.. . t'
.O .......................................................
— Otr
Averc^z Ri:: in T;Lc ............. .................................................................... ....... ............................
fcr privr-'C or L;sincss u-.c:. ...............Private............................................................................
.............
Residential
Are= -7crina ................................................................................ ............................................................
Mcnncr in which mc:cricl will be removed cr dc,---zitc(J ..... .......... .
or deposited.
.......... ......................................................................................................................................................
lnte-,--:Cd use of prc=crt... .......................P.leasure-Sinly.................................................*'****'*'*** ........
.. .............. ....
...................................................................................................................................................................
Wri r r.
-en ccnse , of ower of prc.::crry, if not the same c:; the cppii--c-*' ..Attached...................herewith...................
contract for purchase of property.
........................................................................................................................ ...................................
..................................................................................................................................................................
CCUNTY OF SUFFC-? K
S�:
OF 1114 E: Y
STr,Tc
.............. ....... being duly sworn
Cn,4 —ys r is the for the cbc,.,e dcscribed4 cermir, cr.d C11 stclemen's CCn=:.-ed
herein crz! True to *�.e bes-, of his knowiecge cnc belief 'mC., the wc)rik %Ym ce ccne T in 7ne rncn,-.2,- se"-,
fc.-'-.'i in this cnd I cs may be ccc.-cved the of, the lr,,,-,,n of
TF.c cgrees to held :he Town of cr..� the Town ric.r.-.1ess c:,.= free -.rcrn
Criv on-- Cil dcmcces cnz Cinim-S Crisin- -,uc of 7 'd
under cr cy vir :2., ermir, if grcnzzed.
... ....... ....... ....................................
. ..............
S':crn to
qnc,u re c
ef re me this .. .
... ....... ..............
f!cv ..................
or-
WZNM ANN NEVILLE
NOTARY PUBUC,SW-0f New York
-Na 52.8125850,Uft COU-0,
Tm Expires March 30,19-��J-
......... ........... . . .......... .... ...
-
WARNING: NO REPRE-" TATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND
PURCHASE OF REAL E, FE COMPLIES WITH SECTION 5-702 THE GENERAL OBLIGATIONS LAW
("PLAIN ENGLISH").
CONSULT YOUR LAWYER BEFORE SIGNING PT.
NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event
of fire or casualty loss before the title closing. Unless different provision is- made in this contract, Section 5-1311
of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss
upon taking of title to or possession_of_the premises.
te: CONTRACT OF SALE made as of the day of February . , 19B5'
--Sties: BETWEEN.
NICHOLAS FONTANA, residing at -12 Longacre Drive,
Huntington, New York 11743
Address:
hereinafter.called "SELLER", who agrees to sell, and
JOHN W. DEMPSEY and CATHERINE M. DEMPSEY, his wife,
both residing at 705 Meday Avenue, Mattituck, New York
Address.:
c,
hereinafter called "PURCHASER",who agrees to buy: Vacant land at Mattituck,
Town of Southold, Suffolk County, New York(see description)
?remises: The property, including all buildings and improvements thereon (the "PREMISES") (more fully described on a i
separate page marked "Schedule A") and also known as:
Street Address. Vacant land, Mattituck, New York
(see description)
Tax Map Designation:
DESCRIPTION IS ATTACHED HERETO
Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9.
Personal The used in connection with the
Property: PREMISE s specifically excluded below. SELLER states that they are paid for and owned by SELLER free
and clear of any lien r than the EXISTING MORTGAGE(S). They include but are not limited to plumbing,
heating, lighting and cooking s bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades,
screens, awnings, storm windows, win o es, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery,
fencing, outdoor statuary, tool sheds, dishwashers, hing machines; clothes dryers, garbage disposal units, ranges.
refrigerators, freezers, air conditioning equipment and In ions, and wall to wall carpeting.
Excluded from this sale are:
Purchase 1. a. The purchase price is $ 1 0, 200 . 00
Price:
payable as follows:
On the signing of this contract, by check subject to collection: $ 1 , 200 . 00
By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S) : $
By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $
BALANCE AT CLOSING: $ 9 , 000 . 00
l
If c_wi1L<also
provide that r rem. subject to the prior-lien of any-EXISTI] MORTGAGE even though the EXISTING
MORTGAGE is exten modified in good faith. The Purchase 1 ;y Note and Mortgage shall be drawn on
the standard form of New_tft oard of Title Underwriters by.the attorney for SELLER. PURCHASER shall pay
the mortgage recording tax, recor 1 and the-attorney's fee in the amount of $
for its preparation.
a If any: required payments are made on an NG MORTGAGE between now and CLOSING which
reduce the unpaid principal amount of an EXISTING MO E below the amount shown in Paragraph 2; then
the balance of the price payable at CLOSING will be adjusted. SELL ees that the amount shown in Paragraph 2
is reasonably correct and that only payments required by the EXISTING GAGE will be made.
d -If-there is a mortgage escrow account that is maintained for the purpose of p taxes or insurance, etc.,
SELLER shall assign it to PURCHASER, if it can be assigned. In that event PURCHASER s a the amount in
the escro .
-Existing 2. The )" as follows:
Mortgage(s):
Mortgage now i e unpaid principal amount of $ _ and interest at the rate of
per c er year, presently payable in installments of $
which include principal, in- t,
and with any balance of prince being.due and payable.on
SELLER, hereby states that no EXISTING MORTGAGE contains:any provision:ther6of-.by
hat its the holder of the
mortgage to require its immediate payment in full or to change aother term on of the fact-of
CLOS ,
1cceptable 3. All money payable under this contract, unless otherwise specified shall be either:
ands: a. Cash, but not over one thousand ($1,000.00) Dollars,
b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings
and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the
order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the
presence of SELLER or SELLER'S attorney.
c. Money other than the IN
rice dyable to SE IrI ER,at CLOSING, may be by cte�ck of PURCHASER
up to the amount of P I'Y E :t:1 N L P.E 1 a � {1 d/ f
($ 7 1 • ) dollars, or
d. As otherwise agreed to in writing by SELLER or SELLER'S attorney.
"Subject to" 4. The PREMISES are to be transferred subject to:
Provisions:
a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that
they are not violated by the buildings and improvements erected on the PREMISES.
b. Consents for the.erection of any structures on, under or above any streets on which the PREMISES abut.
c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway.
d.Auy state of facts as accurate survey may show, provided s.i,- e
does not: render title. unt^arl-.atable.
e.Covanaut:s, uLility easacter,t.^.e restrictions and -agreaigauts of
\ record, if Arty.
Title Company 5. SELLER shall give and PURCHASER shall accept such title as e 1 i e o u s e d :q(. tr ';•o r E, t i C t e c ou°a t;
Approval: a member of The New York Board of Title Underwriters, will be willing to approve and insure in accordance with
their- standard form of title policy, subject only to the matters provided for in this contract.
Closing 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other-'under this
Defined and contraci includ' g tl payrpent of the -purchase price to SELLER, and the delivery to PURCHASER of a
Form of Deed: area u l-tn . Ba e t:r qr� �u s deed in-proper statutory forin for recording
so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein
stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law.
If SE , it ` ' a resoltition of its Board
of Directors aut on d delivery of the deed, and (b) a certificate by the Secretary or Assistant
Secretary of the corporation certifying suc setting forth facts showing that the transfer is in
conformity with the requirements of Section 909 of the Business orp a deed in such case shall
contain
Closing 7. CLOSING will take Place at the office of J G lul E. K X, E 5 Q. , 23 G r e a u Street,
Date and Place: iiuntingLon, Jew YlOrk
at 101 :uU o'clock 4& "Ll- ou or auuul; 11/Jv/ 19 +.
GLLIER and neicL•er .ava
Broker: 8.1 PURCHASER hereby static thaitl VfK!+N�511-`;KiicWbt dealt with any broker in connection with this salg.QtfMC;tb4P
` "�'�,� � `���a1����E,r'l��r=4#fe���r#a�►h3��E� =t�i�4�t�:0�ost;tt�.sc�p�asaee:�gr�:�antjc. �•
9. This.sale .includes.al of SELLER'S'-ownership-.-and,.,rights,.-if any in any land.lying- in the bed of any street or
j highway, opened or p sed, in front of or adjoining the PREi --to the center line thereof. It also includes
any right of SELLER any unpaid award by reason of any taki by condemnation and/or for any damage to
_ the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost
to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to
C collect the award and damages.
ortgagee's 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days
� Certificate before CLOSING signed by the holder of each EXISTING MORTGAGE,_form. for_reeoidieg;certifying the
_ Ior Letter as amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for
to Existing recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 2i4-a Mortgage(s): g ,
Real Property Law; it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30)
- days before CLOSING containing the same information. SELLER hereby sta1cs_tFa_t_a_nyTV5TING MORTGAGE
will not be in default at the time of CLOSING.
Compliance 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or
with State requirements noted in or issued by any governmental department having authority as to lands, housing, buildings,
Department
merit al fire health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred
Department + g
Violations free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with
and Orders: any authorizations necessary to make the searches that could disclose these matters.
Omit if the b. All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of
Property is Not New York prior to CLOSING and payable in money shall be discharged by SELLER at CLOSING. This provision
In the City of shall survive CLOSING:
New York:
Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in
Assessments: annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract
all the unpaid installments shall he considered due and are.to be paid by SELLER at CLOSING.
Apportion_ 13. The following are to be apportioned as of midnight of the day before CLOSING:
merits: -
(a) Rents s and when __lleete.1 (b) S). (c) Preiniul is nit cx6tins transleFeb e
inserenee—pelieies and renerMels e€ these—eitpifirig Prior. to Q 0SING _ (d) Taxes, water charges and sewer rents.
on the basis of the fiscal period for.which assessed. ( , 4 anr. (f) Vallit Gharf!es a
If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of
the old tax rate for the preceding period applied to the latest assessed valuation.
Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall
survive CLOSING.
Water Meter 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30)
' Readings: days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis
of such last reading.
Allowance 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of
for Unpaid any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a
Taxes,Etc.: date not less than five(5) business days after CLOSING, provided that official bills therefor computed to said date are
produced at CLOSING. - - -
Use of 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,
Purchase SELLER may use any portion of the balance of the purchase price to discharge it.-As- an-alternative SELLER may
Price to deposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge;
pa
Ency
umbrances. but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its
enforcement out of the PREMISES. Upon.request, made within a reasonable time before CLOSING, the PURCHASER
agrees to provide separate certified checks as requested to assist in clearing up these matters.
Affidavit as 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the
to Judgments, same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing
Bankruptcies that they are not against SELLER.
Etc.:
Deed Transfer 18. At CLOSING, SELLER shall deliver a certified check payable to-the order of the appropriate State, City or
and County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or
Recording recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return
Taxes:
and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING.
I
Purchasers 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the
Lien: PREMISES and of any survey and survey inspection charges are hereby ma a tens on the PREMISES and
i collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by
PURCHASER. .
i Seller's 20. If SELLER is unable to transfer title to PURCHASER in acco-dance_seith_this_cantract, -SELLER's. sole liability
Inability to shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title,
jConvey (ii) an appropriate additional searches made in accordance with this contract, and ) y y
Limitation Yt, (iii survey and survey
of inspection charges. Upon such refund and payment this contract shaniec,oin'sidFCred7 cancelled, and neither SELLER
Liability: nor,PURCHASER shall have any further rights against the other.
Condition 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale
of and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their
Property: present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING.
PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING.
Entire 22. All prior understandings and agreements between .SELLER and PURCHASER are merged in this contract.
Agreement: It completely expresses their full agreement. It has been entered into after full investigation, neither party relying
upon any statements made by anyone else that is not set forth in this contract.
::hanges 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind
°rut be in the distribuiees, heirs, executors, administrators,.successors;and assigns of the respective parties. Each of the parties
rchng: hereby authorize their attorneys to agree'in writing to any changes in dates and time periods provided for in
this contract
Singular 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may
Also Means require it.
Plural:
25 . The deposit paid hereunder in the sum of $1,200. 00 shall be held
in escrow by the attorney for the seller until the closing of, title
herein.
26. This contract is not assignable without the written consent and
agreement of the seller.
27. This .contract is subject to and contingent in the.purchasers..obtaining a
-- building permit for the-erection of a boat dock-on the-west branch of. Mattituck
Creek to be erected on the parcel acquired hereunder. If the purchasers are unahle
to obtain the aforesaid permit within 90 days from the date hereof, then this
contract shall become null and void and deemed cancelled and all monies paid
hereunder as deposit by the purchasers shall be refunded to the purchasers forthwith
and the rights and oblegations of the parties shall cease and terminate.
28. Purchasers time to obtain the aforesaid building permit shall not begin to
run until receipt of a fully executed copy of this contract is received by the
purchasers attorneys, D'Amato & D'Amato, P.C., 1600 Hillside Avenue, New Hyde
Park, N.Y. If a fully executed copy of the contract is not received by the
purchasers on or before February 15, 1985, then this contract shall be null and
void and the downpayment check returned forthwith- to the purchasers.
In Presence Of:
r1 �
NICHOLAS .FO ANA
JOHN W. DEM E
CATHERINE M. DEMPSEY
Closing of title under the within contract is hereby adjourned to 19 at
o'clock,at ; title to be closed and all adjustments to be made
as of 19
Dated, 19
For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby
assigned, transferred and set over unto
and said assignee hereby assumes all obligations of the purchaser thereunder.
Dated, _.-----19 . _ .
...............:....................................................................................
Purchaser
---------------------------------------------------------•.............................---..........
_ _.,Assignee o/ Purchaser
PREMISES
. '
TITLE No. Section
:Block-
r Lot
NICHOLAS FONTANA County or,Town Suffolk County, .,Mattituck
TO Street Numbered Address
JOHN W. DEMPSEY and
CATHERINE M. DEMPSEY Recorded At Request of
RETURN BY MAIL TO
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
Distributed by ..
CHICAGO TITLE
l INSURANCE COMPANY
'r Zip No.
' Rider* whicli may be used with..Standard NYBTU form 8041 *-01, Itev. 1 1/78
SCHEDULE A
(Description of Premises)
All that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate,
lying andbeingdKld= at a monument set in the northwesterly line of the
land of the party of second part , which monument is the. following
courses and distances from the northwest corner of Lot No. 60 as
shown on a certain realty subdivision. map entitled "Map of
Tollewood" filed in the Office of the C1_erk of Suffolk County on
January 25 , 1927 as map-No . 1) N. 720 48 ' 30" E. 25 . 16 feet ,
(2) N. 310 10 ' 30" E. 116. 27 feet , and
running thence from said point of beginning N. 310 10 ' 30"
E. through the land of the party of the first part 106. 00 feet
to the West Branch of Mattituck Creek;
thence generally southerly along the West Branch of Mattituck
Creek to a point in the northerly line of the land of the party of
the second part , a tie-line from the last mentioned point having a
course and distance of S . 10 32 ' 19" W. 61 . 07 feet ;
thence S . 60' 53 ' 10" W. along the land of the party of the
second part 60. 93 feet to the point or place of beginning .
Seller represents that the last mentioned course of 60.93 feet
is contiguous along its entire length to the land Cf the party
of the second part.
}
1
4
I
f
Distributed by
CHICAGO TITL)� _ �_
INSURANCE COMPATT�'