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HomeMy WebLinkAboutFINK, AUGUSTUS O TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 3, 1984 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Land at Cedar Beach Application of August .Fink Dear Bob: Transmitted herewith is a copy of the Contract of Sale between Mr. & Mrs. Rudolph J. De Haan and August A. Fink, Jr. . Will this contract satisfy the question of ownership? Very truly yours, Board of Town Trustees Henry p.0 Smith Presidnet ip Attachment cc: Trustees ✓ . File h� TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 29, 1983 Mr. Robert W. Tasker Southold Town Attorney 425 Main Street Greenport, .New York 11944 Dear Mr. Tasker: On December. 15 , 1983 the Trustees requested your legal opinion regarding the ownership of property, opposite the subdivision of Cranberry Acres at Bayview as seen in the application for Agustus Fink. To date, we have not received your written opinion. I would appreciate your reply, so that the trustees can proceed with this application. Very truly yours, Board of Town Trustees n Ilene Pfifferling Clerk to Trustees cc: Trustees ,,- TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Mall, 53095 Main Road P.O. Box 728 Southold,New York 11971 December 27 , 1983 Twomey, Latham & Shea dkttorneys At Law 33 West Second Street P. ®. Box 398 Riverhead, New York. 11901 Re: Cranberry Acres Dear Mr. Pike: Please be advised that the application regarding the parcel know-n. as Cranberry Acres is on file in this office for public review. 1f you wish to have a copy of this application, one may be obtained at the rate of twenty-five cents ( . 25) per sheet of application.. very truly yours, Board of Town Trustees Ilene Pfifferling Clerk to Trustees cc: Trustees Ln TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 16, 1983 Mr. Robert W. Tasker Southold Town Attorney 425 Main Street Greenport, New York 11944 Dear Bob: Attached hereto is the application for Mr. Augustus Fink, which was submitted by Mr. William Smith for docks and catwalks in the Cranberry Acres area at Bayview in Southold. In my letter to you dated December 15, 1983, the Trustees were requesting a determination as to the ownership of this property. This application may be helpful to you also. Very truly yours, Board of Town Trustees Hiing��c-lj Ilene Pfiffer Clerk to Trustees ip Attachment FUC �� I ,.r. V 10 i7 rP ya;8 r TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 15 , 1983 Mr. Robert W. Tasker Southold Town Attorney 425 Main Street Greenport, New York 11944 Dear Mr. Tasker: Mr. William Smith agent for Mr. Augustus Fink is proposing certain dock structures on a piece of prop- erty- opposite the sub-division of Cranberry Acres at Bayview. The controversy is who owns the property where these docks will be placed. The President of the Cedar Beach Association, Mr. Francia and Mr. Smith will be forwarding documents to you so' that you can give the Trustees a legal opinion as to who actually owns the property. After your deter- mination the trustees will make their decision on the application. We await your opinion. Very truly yours! Board of Trustees -oaf Paul Stoutenburgh President PS: ip Attachments .cc: Mr. Smith✓ Mr. Francia Mrs. Schloss .- Ln V TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 15 , 1983 Mrs. Elizabeth Schloss Paradise Point Road Southold, New York 11971 Dear Mrs. Schloss : Transmitted herewith are the documents that you presented to the Trustees at their regular meeting held on December 13, 1983. Thank you for your input. Very truly yours, Board of Town Trustees Ilene Pfifferl/Zg# Clerk to Trustees Attachment o Ln TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 9, 1983 Mr. Henry E. Raynor, Jr. , Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Dear Mr. Raynor: Will you please advise the Board of Trustees, as to the status of the application of Mr. William B. Smith, Cranberry Acres at Bayview. This office is in receipt of an .application for docks and catwalks, at this location, by an individual by the name of Augustus Fink. Very truly yours, Board of Town Trustees Ilene Pfiff filn/g Clerk to Trustees cc: Trustees ,,, Town Clerk ,,- 4/5/84 a Moved by Trustee Smith seconded by Trustee Bednoski it was RESOLVED to accept the letter corm Mr. William Smith on behalf of Augustus Fink, withdrawing his application befor the board, This letter pertains to his Wetland Application also. Vote of Board: Ayes : All ALL DOCKS AND BULK- HEADS MUST DISPLAY VISIBLE PERMIT NUMBERS. BOARD OF TOWN TRUSTEES TOVIN. .O,F SOUTHOLD ALL MOORINGS AND Telephone STAKES MUST DISPLAY Main Road (516-765-1892) VISIBLE MOORING PLUMBERS. Southold, New York 11971 NOTICE OF ACTION - NOT A PERMIT Mr. William Smith for Augustus Fink To. . , , .. . . . . 1. Your application, dated. . %Q/. 8./.$�: . . . . . . .. . . . . . .. . . . . . .has been reviewed by this Board, at a meeting of the Trustees held .. ... . • • • ••. and resulting in the action, as indicated below: (. ... .) Application approved. (. . .. .) Application denied. (. .XXXN Application tabled. 2. Comments and remarks: Trustees are waiting for a-letter from Mr Fink, withdrawing the Application - 3. If your application is approved above, a Permit Fee is now due, and should be made payable to the order of the Board of Southold Town _ Trustees. This fee is computed below according to the Schedule of Rates as set forth in the Instruction Sheet (Form 1/1) . This fee must be paid within 90 days or reapplication and additional. fee will be necessary. If the Permit Fee is paid in person to the Clerk of the Board, the Permit will be obtainable at the same time. If the fee is paid by mail, the Permit will be mailed in reply. 4. Computation of Permit Fee: TotalFee for this application. . . . . . . . . . . ./n. . . . . . . . . . . . . . .$. . . . . . . . . ... . . . . . . . Signed. ,�:yt.�o r.� �:�.,!.4. "`. ,/� �?.... . President, Board of Southold�Tow,n Trustees By . . . . . . . .. / '/ Clerk, Board of Southoltl Town. Trust • s ALL DOCKS AND BULK- P/1 HEADS MUST DISPLAY - - - - VISIBLE PERMIT NUMBERS. BOARD OF TOWN TRUSTEES TOVJN. :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' PERMliT To. . . . . .. .. . . William. B...Smith, c/o .Augustus .Fink . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . ... . . . . . . . 83 1. Your application, dated. .. . . . . . .. . /28/. . . .. . . . . . . . . . . . ..has been reviewed by this Board, at a meeting of the Trustees held on. . . .12 13/83. . .. . . . . ... . . . . . . and resulting in the action, as indicated below: (. .. . .) Application approved. _ (. . . . .) Application denied. (.XK Application tabled. 2. Comments and remarks: Application tabled until the trustees receive a opinion from the Town Attorney as to the ownership of the land. 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: TotalFee for this application. .. . . . . . . . . . . . . . . . . . . . . . . . . . .$. . . . . . ... . . . . . . . . . Signed. C. . .�1�.-.��iX. . . . . . . . .. .. . President, Board of Southold Town Trustee B y.CJ-!r! ,. .. . . �ff .. .. Clerk, Board of So fh I Town Trues William B. S�pOtk REe4l ESTATE � I � LICENSED BROKER �/ ' YOUR A ' 220 MECHANIC STREET WATERFRONT PROPERTIES— HOMES P.O.BOX 146,SOUTHOLD,N.Y. 11971 LOTS&ACREAGE (516) 765-3042 �+ woaLv ESTATE AND COMMERCIAL PROPERTIES MAIN ROAD&SKUNK LANE THE APPRAISING CUTCHOGUE,N.Y. 11935 (516) 734-5657 March 24, 1984 Mr. Henry Smith, Chairman Southold Town Board of Trustees Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Smith: This letter is to co>ifirm my withdrawal of application for catwalks and docks on the major subdivision of Cranberry Acres on Cedar Beach Road, Southold , New York, as per request of the Southold Town Board of Trustees . When and if the legal problems of this water- front area are resolved, I would request that I have the right to resubmit a new application for same . Thank you for your consideration. Sincerely, rugatust Fink, Jr. By: William B. Smith Agent Xe � Lr • E a bo CEDAR (3EgCH Ro gD AD -0� 4 aom 'A m , SP..+;.,� p.fans o T fil fix�0 CAT ALk n N P /.2x'/� RAMP DRYAD'Stj _ o I N Q PJ?oP. AIN FLOAT 'Y6'X 8 r, 3- OAS/Al i PRo .(3)/6'?Cy'C^%NG62 �r 3 D 0 p 3� � C i 0� ---- 1 9JT ` p t W O 11' D C F; rl V` CA ; Y N �1 �► A Cep o o o X-SEAT THRu QRoPoSED Dock LAC CATWALK /yfA/N FLOAT O / > �' 0 top RAMP � m o o J !�f--- /00 -��_ I oZ + , GE R FLDAT LA F/N R o z R«S M o W a3 or G 4ivIS 'C = g'o.c. �`� xty'P�LEs �"^ oC� O � s P� ada �o : or ti oP �t � Cyr � • i qi 4r� V� O b oo V a �• o � d 7 y G 41 /A 0 L R� L �Lv ATE lac�,ao�� a y h ` u - tkGIE-P-r 1- 6Ne<ie r= CATWA4k ZIA LE Cr C!7 t- ke/ � ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS BOARD OF TOWN' TI-1,U ST%ES Town Of Southold 0 Main Road D SOuthOld, New York 11971 APPLICATIO_v FOR FIXED and/or FLOATI-""C DOC1-1_S 1. App(i ent's name nd address: . .. . ...... .................J�U /.. ........................... ' e l.. 64`-3© Z .....I'...... ..................... 2. Ccntrcctor's name and cddress: . ...... ✓�g�- .. ....... ......'A4 ...... ......................................................... ................ .................................................. ........................... 3. Brieflyexplain the p pc - thi I r ur se of s c pliccticn: ;�; ,/�'4 .. • •� . .. ............._............... ........ .... its • ................. r. ......... . . ... .. ............................. -t. ......................�:�l. ... `i• Art , issuance 0= a I'USt be c0^`leted .^, e on year. 5. Secure the correct Area Mop from the C1__ of this B L-'y""`' card and b A CIRCLE indicate as cicsely as possible he I t � Y using a/zi WITHIN ;- t o;.cmicn of his deck. On the reverse site of t'^.is mcp, provide a SCALE DRAWING which will show Ordinary High Water Mort, the shape en-4 size of the dcc!c and any supplemental pilings which are needed to h or tie-uo n boat. Give all dimensions nece;ser;� to determine he aroc *old Q '1c,.t--,rr i.=j 1C H •mE_:DS C__S�CaW f dacic t c, the r!_ s_�r - rpm the O. H. W. N1. I� adjacent property owners h - docks, specify location and length to scale. 6. Will any portion of this construction extend offshore into Town `;Vcters be end an m irn n:ry line or boundary fcred by other similar structures along the area's shoreline•? YE--If it does extend bevond this so-called diack line in a. NO. dica;e c/ how tar, cpprcximately,..........ft 7. Prcvide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plans end Specificotions. c Short Environment l �?ssesoment Form. d jdetlands Application 8. Wi I this ccnstrucnonrequire the Filling of eny land offshore of the Crdinor; High 1Vcter - Mcrl; or the Dredging of any material from TI;\Yn Lcndc under %Yeter? YES or ;t c Form A/4 (Applicctlon for Dredy in 'F' NO. I f ��s, gi iliir,g, must he completed ::n;,� o;;cched a; parr of t:-i.; cppliccticn. 9. In requesting approval of this cppllcoilnn I submit thor: the inform, Trion a . is true and correct to the best cf rnv kno;•,I.-d:,e and belief; I cm the r.�•-; r� nt., , n`-rein the Gerformcnce of t ,e •;lom in accordance with tho of:ns c cunrcoie for read cr cm fcrrlllic.- with a „ w Cnd =v^dC171C :Ch�J; I have t~, pro:I,i n, cf any u;:,aid TO,rn C:c;ncr.c_ e:then: tc the work involved; and further, I inr^n;] to ech^re to and of:isle by the Turrr�; cr.d C;,naiticr.s of Permit, when and if issued to me the 1C.. To e:1--Cdite finding speci-fic locat_cn for inspection, indicate -- by using a temporary P./? Re v. '2/8?_ OFFIC ORNEY 1 ROBERT W.TASKER D 1` 3T LEPHONE Town Attorney `y� (516) 477-1400 1 �J 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 January 3, 1984 Ms.. Eileen Pfifferling Southold Town board of Trustees Main Road Southold, New York 11971 Re: Land at Cedar Beach designated on Map of of Cedar Beach Park as "Community Beach" Dear Ms. Pfifferling: You recently sent .me certain documents and requested that .I advise the Board of Trustees as to, the ownership of the parcel of land located between Cedar Beach Road and "Dryad's Basin". Enclosed herewith is a portion of .the subdivision map entitled "Map of Cedar Beach Park" filed in the Suffolk County. Clerk's .Office on December 20, 1927 as Map No. 90. The premises in question is shown and designated on this map as "Community Beach". As I advised the Trustees recently, it is .not the duty or function of the Trustees to determine the title or ownership of .upland which is the subject of an application to. it .for a permit .to construct .facilities, in' or on underwater lands within the Jurisdiction of the Trustees. However, for the information of-the Trustees, I . did. find a .deed from Howard A. ,Toedter, et al. to. Rudolph J. DeHaan and Florence DeHaan, . his wife, as tenants by entirety dated July 9, 1953 and recorded in the Suffolk .County. Clerk's Office in Liber 3545 cp 140, and .a subsequent deed from R. J. DeHaan and Florence A. DeHaan to. themselves as tenants in common dated August , 13, 1958 and recorded in the Suffolk County. Clerk's . Office on January 5, 1959 in Liber 4737 cp 76. Both deeds conveyed "the tennis court and playground and the "Community Beach" as shown and designated on the subdivision map of Cedar Beach Park. I found no deed to. the 11Community Beach" into.Agustus Fink,. the applicant before the Trustees. J Ms. Eileen Pfifferling'i -2- January 3, 1984 The general rule of law is that when a developer sells lots by reference to a filed subdivision map, upon which is shown and designated a parcel of land as "Community Beach", such a designation would indicate an intention that such parcel was for the use and enjoyment of the lot owners, who were given an easement by implication, to use such parcel for the purpose designated on the subdivision map. Yours very truly, ROBERT W. TASKER RWT :aa enc. • TOWN OF SOUTHOLD SHORT ElIVIRONMENTAL ASSESSMENT F01:!A INSTRUCTIONS : (a ) In order to answer the questions in this short EAF it is assume that the preparer will use currently available information concerning tale 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 projccct may be significant and a completed Environnental Assessment Form is recess ary , (c ) If all questions have been answered No it is likely that this Project is not significant . _ (d) Environmental Assessment 1 . Wi 1 project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . - Yes /No 2 . Will there be a major change: to any unique or unusual land form found on the site? . . . . . . . . . Yes 3 . Will project alter or (lave a large effec � /Not on . existing body of water? . . . . . . . . . . _ YcsNo 4 . Will project have a potentially large impact � — J on groundwater quality? . . . . . • . . . Yes Y No 5 . Will project signiFicontly effect drainage flow on adjacent sites? . . . . . . . . .. . . . . . . . . . . . . . . . Yes_/No 6 . Will project affect any threatened or endangered plant or animal sE.)ccies? . . . . . . . . . . . —Yes�N0 7. Will project result in a major adverse effect on air quality? . . . . . . . . . • Yes 8 . Will project have a major effect on • visual --'L o character of the community or sccl— is vicas or vistas known to be important to the community? Yes &/No 9 . Will project adversely impact any size or structure of historic, prehistoric or - paleontological importance or any site designated as a critical cnvironmcnlul area bya local agency? . . . . . . : . . . . . •. : . . : - . _.... • - Yes,No 10 . Will project have a major effect on existing or future recreational opportunities? . . . . . . . . . Yes 11 . Will project result in major traffic problems �No 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 tfle project ' s Operation? . . . . . . . . . . . . . . 6. Z/ No 13 . Will project have any impact on public health / or safety? . • . Yc s t No 14 . Will projectoffecttheexiSting conmunity .by directly causing a growth in permanent Population of more than 5 percent over a one year period or have o major negative effect on the character of th(! corununity or neig�-iborhood? . . . . . . . . . . - 1 5 `_Ye s�lo Is there public contrcvcrsy concerning th,c - project? . . . . Yes Ho Pr !'A;; R ' S ' ' TL'RE r _ _ DATc �_ TwomEy. EATHAM & SHEA ATTORNEYS AT LAW 33 WEST SECOND STREET P O. BOX 398 THOMAS A. TWOMEY. JR. NF.W 'i"01?K 11901 STEPHEN B. LATHAM JOHN F. SHEA. III ROBERT D. PIKE CHRISTOPHER D. KELLEY AMY B. TURNER Att : Ilene Pt i ferlino Re: Cranberry Acres Dear Mrs. Pfifferling: Pursuant to our telephone conversations of yester- day and today, enclosed please find a check for $1 . 00 to cover the cost of obtaining a copy of the application and new sketch plan for the parcel known as Cranberry Acres. Sincerely, Lisa Seymore is enc. owe 0*4214 04 TOWN CLERK TOWN OF SOUTHOLD 11441 , � j Suffolk county., New York 516 765-1801 Southold, N. Y. 11971 RE IVED qF_, 0-m Dollars S/ 4 For. Judith T. Terr ' Town Clerk C CheckBy, Cash F1 '7 )MM 7�1 0 ICA 0 2850 Cedar Beach Rd. AV301n. Southold, N.Y. 11971 December 12, 1983 Dais Southold Town Board V M Town Hall Me Southold, N.Y. 11971 Attn: William Pell, Supervisor Subject:Cranberry Acres at Cedar Beach, Southold Dear Mr. Pell We are somewhat dismayed at the fact that the Town Planning Board would give preliminary approval to a one-acre development in an area that is so environmentally fragile, laced with wetlands and probably has the most severe potable water problem in the Town of Southold. We also do not understand why this was done even though the Suffolk County Department of Health has already denied permits to Cranberry Acres on the grounds of insufficient potable water. My wife and I awn two lots directly across Cedar Beach Rd. from proposed Cranberry Acres lot numbers two, three and four. Our home is on our easterly lot. our wells are at the top of the rise right up against the road where our two lots meet the road. (ref: attached map) These are the only usable wells we have of four and in order to use this water it must be treated five times. The water is passed through four resin tanks to remove manganese, iron, hydrogen.sulfideand tannins(brown organic matter) . The fifth treat- ment is through a reverse osmosis unit to remove excess salt for drinking or cooking purposes. We have outlined the problem on the attached map. As you can see, the area in question is surrounded by salt water, tidal salt marsh and- salty groundwater. It appears that the only usable fresh water(after treatment) is a small pool of water at the top of the rise which would probably be very rapidly depleted if too many homes were allowed to draw from it. If this happened, the salt water would intrude , rendering the wells unusable. We now use this water judiciously allowing for rainfall replenishment. Cranberry Acres is proposing that the well for their lot number two be directly across the street from our wells, not very far away. They are. also proposing that the well for their lot number three be close to the well for lot number two and that lot number four should share the well used for lot number three. In essence, they are proposing to put wells for three houses within a radius of about ninty feet all drawing water from this small pool of fresh water that is surrounded by salt water. This would put wells for five lots all into this single pool of water. If this source of treatable water is consumed too rapidly, where will we get our water frcxn? Will the town supply us with usable water? We wanted all concerned to be aware of the seriousness of the problem. In addition to the above problems, we would like to formally object to the approval of this development for the following reasons: 1- We feel that some of the lots as shown' on the proposed survey extend into the marsh. 2- Due to the fact that the wells must be near the road, we feel that the cesspools would be too close to the marsh,(which is' ,a tidal salt marsh and not a fresh water marsh) which may cause pollution ,in Cedar Beach Creek. ..iII ) -2- 3- We also feel that the cluster zoning regulations are being abused in order to obtain one-acre zoning as it appears that the majority of acres to be left un- ' developed are unbuildable wetlands anyway. In addition, we object to the proposal to put more than one dock and catwalk across the single lot that fronts Dryads Basin. We believe the Town should maintain a policy of one dock per lot in a residential area and not allow the semblance of a marina to be built. If this policy is not maintained, creekfront property owners could sell right-of-ways to upland lot owners and blanket our creekfronts with docks. We would prefer not to see any additional docks in Dryads Basin at all as it has a very small entrance and poor water exchange. My wife and myself would also like to request to be listed as interested parties and be notified of all hearings, etc., concerning this development. We do hope we have outlined the problem clearly and would be happy to meet at the site with any parties who would care to discuss any of the above or related matters. Thank You. Very Truly Yours, c Robert & Diane Gazza TWOMEY, LATHAM & SHEA a 1 al l ATTORNEYS AT LAW 33 WEST SECOND STREET )�I P. O. BOX 396 THOMAS A. TWOMEY, JR. RIVERHEAD, NEW YORK 11901 STEPHEN B. LATHAM 9 NORTH MAIN STREET JOHN F. SHEA, III ROBERT D. PIKE (516) 727-2180 EAST HAMPTON, N.Y. 11937 (516) 324-1200 CHRISTOPHER D. KELLEY AMY B. TURNER December 20, 1983 Chairman Paul Stoutenburgh Southold Town Trustees Town Hall Southold, N.Y. 11971 Re: Cranberry Acres Dear Mr. Stoutenburg: Several of the neighbors of the parcel known as Cranberry Acres have retained this firm to represent their interests in opposition to the proposed applica- tion before the Trustees. I would like, if it is available, to obtain a copy of the complete application made to the Trustees concerning Cranberry Acres. I understand that some controversy surrounding title have been raised and that the matter has been referred to Bob Tasker, the Town Attorney. We would like to be advised as, if and when he reaches some conclusion, I might suggest that you consider, in addition to his suggestions, advising the applicants to bring an action to quiet title to the parcel. That is the only definitive way to assure yourself that title is in one party or the other. Thank you for your assistance and cooperation in this matter. Sincerely, Robert D. Pike RDP:ls p Rt. 1, Box 193 A Mattituck, N. Y. 11952 December 13, 1983 Paul Stoutenburgh, President Southold Town Board of Trustees Town Hall Main Road Southold, New York 11971 Dear Mr. Stoutenburgh: It has been brought to my attention that you are or will be consider- ing a proposal to construct docking facilities in Dryad's Basin of Cedar Beach Creek as part of the Cranberry Acres development project on Bayview Avenue. I strongly--urge you to deny this request because of the harmful consequences it would have on the Creek's ecology and resources. Cedar Beach Creek is a sensitive tidal wetland that supports the edu- cational activities of Suffolk County Community College's Marine Tech- nology students. A very important part of the student's training in- volves clam, oyster and- scallop culture techniques. Needless to say, this requires uncontaminated seawater and an environment conducive to the' suryiv4l of these animals. It is obvious, therefore, that any in- crease in boating related problems (i.e. , gasoline and oil spills, channel maintenance, traffic, etc;). would impair the ability of the Creek to support these culture activities. In my opinion, the establishment of' docking facilities in Dryad's. Basin jeopardizes the. Creek's status as. a prime -mariculture site and natural habitat. I -must point out that the. above remarks do not in any way reflect the official opinion of Suffolk County Community College. I am speaking solely as. an informed and concerned citizen of Southold Town who has a sincere. and vested interest in preserving the quality of Cedar Beach Creek and adjacent. environments.. L�S'�_,pcerely, Charles McCarthy, Jr. Assistant Professor Marine Science & Technology Suffolk County Community College CMfdk Eastern Campus Marine Science Center PETITION AGAINST DEVELOPMENT OF "CRANBERRY ACRES" We, the undersigned landowners or residents of the Town of Southold do hereby formally protest and object to the proposed "Cluster Development .of Cranberry Acres at Bayview" in the Town of Southold, as shown in survey last updated on -October 240 1983. We petition all governmental bodies and agencies with jurisdiction over the project to deny approval of the project because, among. other things, the development is an unwarranted encroachment on a .vital wetland area, lacks a supply of permanent, potable fresh water, lacks sufficient on-site sewerage, and is an abuse of ,the Town 's cluster development law. We also request notice of any actions taken to consider or approve of the project. Printed name Signature Location of Property �kvl( ,4 L—�Elf o R E.D Of C.k 1 e 5 N o� C�cu�ic�✓ ln?,c c) . AiD6eF_y WO-YM014- f C,c �r�� Pa AbME Pr. s l-h PETITION AGAINST DEVELOPMENT OF "CRANBERRY ACRES" We, the undersigned landowners or residents of the Town of Southold do hereby formally protest and object to the proposed "Cluster Development of Cranberry Acres at Bayview" in the Town of Southold, as shown in survey last updated on October 24, 1983. We petition all governmental bodies and agencies with jurisdiction over the project to deny approval of the project because, among other things, the development is an unwarranted encroachment on a vital wetland area, lacks a supply of permanent, potable fresh water, lacks sufficient on-site sewerage, and is an abuse of .the Townes cluster development law. We also request notice of any actions taken to consider or approve of the project. Printed name Sign ture ocption o Primp A_ 20_ •� *, &e. �•� jC n tl. l ii�e-c p�JV 3 7 1^ 5- I Nk N n ntl v E w S du �v�ci� � v � r PETITION AGAINST DEVELOPMENT OF "CRANBERRY ACRES" We, the undersigned landowners or residents of the Town of Southold do hereby formally protest and object to the proposed "Cluster Development of Cranberry Acres at Bayview" in the Town of Southold, as shown in survey last updated on October 241 1983. We petition all governmental bodies and agencies with jurisdiction over the project to deny approval of the project because, among other things, the development is an unwarranted encroachment on a vital wetland area, lacks a supply of permanent', ' potable fresh water, lacks sufficient on-site sewerage, and is an abuse of.the Town's cluster development law. We also request notice of any actions taken to consider or approve of the project. Printed n e 'gnatu a .Location of rop rty -Iluir I(14"Id Q ?g,ejja�4 9A. Q*t4 4"-,- l� n11 it /c 17 f�� < < 01 C < OF �, �. , i• loop Ze&� rop, c P - qx-i t r 7(u e r '' l J?1e,T�4�l7 1 - � S , t � a 7 y c), b j; Foa L- uic I Ply 7d9X)5 !6 i' 6ZrSSSi pr To rliJ � - rc i C a A rL 1s ro.A c (d c- a2 y a k 1- or Z. � ' S ,J Q S y 6Ls -7uS ► �,� C � u �3Rs y �ryh, aV '7 �yo ! g � °� 3 �/ J S C�D�� d3�Ac PAP-< . , ) � l s 1111 AUU I I I LE I;�JI_il ANC1. f-IU453 FILE opy TAXES, ASSESSMENTS,WATER RATES AND SEWER CHARGES TITLE 8208-086849 which are liens on real property City Town�. SOUTHOLD Village Assessment Map as Assessed Valuation— Land Improvement Total Section DESCRIPTION OF PREMISES: Sheet N. x R. Akscin; E. x Cedar Beach Sub. Ward S. x Cedar Beach Pk W-. x R. Akscin Block SCTM:1000-89-1-1 Item 136016 Lot Acres: 4.3 School Dist. 5 Exemption Present owner appearing on Assessinent Roll: HOW DISPOSED OF RETURNS (Some of the items returned hereon may have been paid but payment not officially posted.Receipts for such items should be produced on closing.) 1981/82 Town and School taxes $43.01 PAID. PRIOR PAID. Water charges, if any, not included. Our policy does not insure against taxes,water rates,assessments,and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of streets on which the premises to be insured abut. a TAX SEARCH 1 n a RETURN ALI+_'':STATEMENTS: DO NOT DETACH A; (orrur are, �r of*Uffvlk JEAN H.TUTHILL,Treasurer County Center Riverhead,N.Y. Town of Southold Date 12/13/83 Tel. PA 7-4700 Elizabeth Schloss NOTICE: Please examine this statement Paradise Point Road carefully before paying,.and return for correction if any errors are found. Southold, NY 11971 No alterations can be made on the record after payment has been recorded. PLEASE RETURN THIS STATEMENT WHEN REMITTING: CASH, MONEY ORDERS & CERTIFIED CHECKS ONLY MAKE ALL CHECKS AND MONEY ORDERS PAYABLE TO COUNTY TREASURER, SUFFOLK COUNTY Certified Tax Search 393-83 $10 00 VALID ONLY WHEN RECEIPTED BY MACHINE Date Paid Receipt No. Account No. Amt. Pd. Paid by: Cash( ) Ctf.Ck.( M.O.( ) Per.Ck. ( �1 (��-�� l"r'= �C� .�•�.�� 11 0� ' 'a Payment Made By: �� 1 3 3 11 2 10.00 FORM NO. 13-SM-1/16/76 , r� J eF N �p 100 �3 F�-7- czrAl 21n:1 CF C?�:E:{ (� �' !'1 R,, � ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS " 130 AIR D OF T0�'NN TRUSTEES Town Of Southold Main Road Southold, New York 11971 ¢ � l� TT � ilf� � APPLICATION FOR FIXED and/or F LOATP1G DOCIs qq.... A-plic t s name and cddress: .......................... .. . .............:tr ... ... ..... zz .. ,............ .......410o.................. . ..... . Q 1. �� r� 2. Ccntrcctor's name and address. .. i „�+1!!!;' X, ........ _= .......... .. ......... ............................................................................. ..................................................:r o ........................... 3. BBriefl expl�ain 1hhh put^cse of this cppli c ,,,,,,✓t?Q... _ :• ... .. .. .. .._ ................ ........ .. .. .... .................... _ AA d• After issuance o- a Per,:,*t wor'.: Must �• ••::99::��11 be a cc:.Pleted wi��h_r. ria year. y L.:GE 5. Secure the correct Area �ti1op from the Clerk of this °cord, and by using a/X WITHIN CiRCL� indicc;e cs closely as possible the !ocaticn of this deck. On the reverse side of mop, provide a SCALE DRAWING which will show Ordinary High Water Mark, the shco� cr.4 size of the dock and any supplemental pilings which are needed to hold e flca;ir.c ca.. or tie-uo n boat. Give all dimensions ne - j' r`C4 E.,"='`1DS OFF S7OPE from the O. H. W. Msery to determine the area cf the r!o k If adjacent property owners have- docks, specify location and len,th to scald. 6. Will any portion of this construction extend offshore into Town `;Voters beyond an ime5in,,ry line or boundcr-y formed by other similar structures along the area`s shoreline? YES or NO. If it does extend beyond this so-called deal•; line indicate by how for; approximately,..- {t 7. Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plans and SPOcifizotions. c Short Environmental Assessment Form. on 8. �di l theta,-nsduc;icnprequire the Filling_ of onv I -+ �'�' - an.. o,t_nore of the Crdinory High Water Mork or the Dredging of any material from Town Lands under water? YES or NO. If it d:�e5, Fora; A/.: (Applicc;ion for Dredging/Filling)), must be completed ono.+ a;tcched as pear of t;;i:,cpalicaticn. 9. In requesting cpproval of this cpplicctign, I submit thor: the infer,-,- :tion pr s: d herein is true end correct to th:, best cf my 'rno,led:,e and belief; I cm the r..�•�;n t�cie for the performance of tf;e war in eccordar,ce -ith the plan: end specific:r::ins c►;COL;, I have read ar cm fcmliicr '-ir" t: provisions cf ony Sour,,aid T,:Wn' Cr,:incnc•, eerrin�:,nr to tee work involved; and further, I int-cnd to achere to -and ai:ide by the Terms cn; C:nciticr.s of the Permit, when and if issued to me. 10. To expedite finding specific location for inspe-­'o n, ir.dicaL�e by using a temporary mar}:c, A/2 Rw. '2/82 : . L. Sh..... • " TOWN O UTHOLD ' SHORT ENVIROHMEINTr.L ASSESSMENT F01rJA IN'STRUCTIO.IS : (o ) In order to answer the questions in this short EAF it i; assumc that the preparer will , use currently available; information concerr., ng 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 projccct rrcy 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 result in a large physical change to the project s.ite or physically alter more Ao than 10 acres of land? . Yes 2 . Will there be a major change to any unique or / unusual land form found on the site? . ... . . . * . . Yes J No 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . Ycs- t�No 4 . Will project hove a potentially large impact . on groundwater quality? . . . . . . . . . . . . . . . . Yes�No 5 . Will project signiFicantly effect drainage flow on adjacent sites? . . . . . . . . . . . . . . . . . . . Yes o 6 . Will project affect any threatened or , � � endangered plant or animal species? . . . . . . . . . . . _—Yes No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . • . Ye5ZNo 8 - Will project have a major effect onvisual character of the community or scenic vie-as 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 envirorlmcnLul urea by a local agency? . . . . . . . . . . . . . . . Yes No 10 . Will project have a major effect on existing _ or future recreational opportunities? . . . . . . . . . Yes N0 11 . Willproject result in major traffic problems or cause a major effect to existing / transportation systems? ... . . . • Yes d No 12 . Will project regularly cause objectionable . odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s ,/ - operation? . . . . . . . . . . . . . Yes J No. 13 . Will project have any impactorl .publi:: •health / or safety? ycf. �/ 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 o major negative effect on the character of t;lr., community or neighborhood? . . . . . . . Yes to . . . . . . 1 Is ther: public controversy concerning • the • . orojuct? . . . . . . . . . . . . . . . Yesztlo PPE_1PA1-_,'::_-'R UP,V 6 D/ TE r I Standard N.`Y.Ei.7'.U. E'orm 8041 *-01 Rev. 1'I/1H - Contract of Sale WARNING: NO RI:I'ft1 tiE:N'fA rim IS MADE THAT THIS FORM OF CONTRACT-.FOR.,T1iI,,wti.Al F,-:AND } PURCHASE OF REAL ESTATE; COMITIES WITH SE(;HON 5-702 OF TIIEI .(;I;NE; i 1, OIS1.1( A'I'IONS LAW ("PLAIN ENGLISH"). ( 0 WA CONSULT YOUR LAWYER BEFORE SIGNINP IT. � NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide z, p 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. < Date: CONTRACT OF SALE made as of the � � r•��. 1 \�^ day of 19 Parties: BETWEEN RUDOLPH J. DE HAAN and FLORENCE DE HAAN, his wife, Address: 5151 N. Soldier Trail, Tucson, Arizona, 85715, } r X heremc;fter called "SFTLLER", who agrees to sell, and AJGUSTWA A. FINK, JR . . t m Address: 320 Palmer Hill Road, Riverside, Connecticut, 06820, hereinafter called "PURCHASER", who agrees to buy: Premises: The property,-ifleledir+g-aaE-�rtiltli+rgs-ertd- wpc+verttenls-thereof, (the "PREMISES") (more fully described on a separtite page-nmrked-"Schedule A") and also known as: 6tmt-Aadrew. Tax Map Designation: 1000; 089 .00; 01 .00; 010 .000 1000; 079 .00; 08 .00 ; 015 .000 1000; 089 .00; 02 .00; 001 .000 "Schedule ALL that certain plot,. piece or parcel of land situate, lying and being A" at Bayview; Town of Southold, County of Suffolk and State of New York, r containing approximately 24 1/2 acres, more; or less, as shown on a cer- tain ma entitled "Sketch Plan 'Cranberry Acres at Ba l . p yview p.r. snared }, by Roderick Van Tuyl, P. C . , Licensed Land Surveyors, Gre'enport, N. Y. , on July 23, 1982 . Seller reserves to itself the southerly fifteen ( 15) feet of Lot No. 7 on the aforementioned map of "Cranberry Acres at Bayvi.ew" for use as A a right-of-way for access to other lands owned by the Seller from Cedar ;: Beach Road. Any deed or deeds delivered by Seller under this Contract will contain this right-of-way for the Seller or assigns . Together.with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. This PREMISES is Vacant Land . t -f'er�e -Th(-sale-al&o--irwI"4es-all-ftx4*res-end-afi-isles-g-per�enu4--pftTert�-' -or-rsed-i�-ee»cm•eti�cn-�ri PREMISES, unless specifically excluded below. SELLER states that they are paid for anc t-1Ty-F` .EI1 free and clear of any lien other than the EXISTING lNOItTGAGE(S). '['I u are not limited to plumbing heating, lighting and cooking fixtures, bathroom and inets, mantels, dour mirrors, venetian blinds, shades, screens, awnings, storm windows �,, �q+mpflwfg- ,7es, storm doges, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, out oo shhwashers, washing.machines, clothes dryers, garbage disposal units, rangew } s;- "zereir--eerrdiliai►c�l-it►sktllet-i<mR,;-ew4-wc14 4** welf-caf-petiat. £xcluded-frum this-sale-ar-c: �;. -F.�sr►ituFe-afld•-]rauseheld-#ur+i�bi+cgs, Purchase 1. a. The purchase price is $ 170,000 .00 Price: payable is follows: On t}te in of this contras t;y chc� k sub act to c ollection Whl h su shall $ 17,000 .00 ' be he ' ., n escrow y se`lle� s attorney unit cosing: ,�` $y aAowaAoe der-flee-pri+reipRl-ate►«wtt�t+l����eiil-�+r�:�C-I,S-T-I Al G-A4(31t=i�F.A�:l<:1-�.r fib- c By a Purchase Money Note and Mortgage frum 1'URCIIASE:R (or assigns) to SELLER: $ 110,000 .00 a is BALANCE AT CLOSING: $ 43,000.00 } b. i�-tlaie-sale-is �t;}I}}c b to-Etr� 1,XI,+T4NG44=T-G�, trrr-I-'ureltase-141E�rtey N EB-arid-A4ertga �vrll-z�lao r;.,^' pra�ide_tkaat-ib will-�ocrtaiw-sul�j tE�the-pri�� Iieri ef-arty-FAX-IST-1NG-MOIITGAG&-eve t-tl it tlte-FS?4-S 14�}G1 MOgT�1f'1}+s-excrvruled-aa -t►�orlifud ia�gr>od-faitlr. The Purchase Money Note and Mortgage shall be drawn "qan t ' the standard, form of New York Board of Title Underwriters by.the attorney for SELLER. PURCHASER shall iY ,71 the mortgage recording tax, recording fees and the,attorneys fee in the amount of $500 .00 for its-preparation. -14-arty- requi-rod--payments--are-ffmdc,-•en-art-MST4NG-MORTGAG&-between-no%w and-CLOSING W ' reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in Para r then -s'er the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the amounts to Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAG ' e made. d. if there is a mortgage escrow account that is maintained for th�eme.l� a of paying taxes or insurance, etc., SELLER shall assign it to PURCHASER, if it can be assigned. I event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING. &xsseena 2. The PREMISES will be conveyer ect to the continuing lien of EXISTING MORTGAGE S .. ( )„ Murrgatg�ff1: as follows: ' Mortgage now in the un principal amount of $ and interest at the rate of ent per year, presently payable in installments of $ r which i principal, interest, ' iwtlz--pay-balance-of-pr"ipaa-being•due-and-pay"-on 2 . The purchase money mortgage to be drawn hereunder shall be in the V. principal amount of $ 110,000 .00 with interest at the rate of 12% per year, payable semi-annu_.-I.ly, for a. 'er.m of. i:i C'E? years, and. shall con- tain provision for the release of, each lot in `he subdivision upon payment of 125% of the sale price of each lot at the time it is sold . If no lots are sold the principal amount shall be fully amortized by the semi-annual payments over the five year life of the -mortgage and if a lot or lots are sold adjustment will be made to the semi-annual W rmt to ref]i6ect t �5���r���pTd inc�,pal balance . to y-states- t-re 6 -cmttairrs-arry-pTarisrarrdrat--pnnrits-the-balderof-the mortgage-to-rec uko-its-immediate_TaYrnent-in-f-ug-Or fo-ehatlge-itnY-other•term-thereof-bT-reason erf-tire--fact`of C-LoSiNG Acceptable 3. All money payable under this contract unless otherwise specified, shall be either: Funds: ' 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. Moneyother than the price, p y purchase payable to SELLER at CLOSING, may be byy check of PURCHASER up to the amount of Five Hundred and no/100 - - - - - - ($500 .00 - - ) dollars, or . ;.;. d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 1 "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 shut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. S� fF N- c qll k i any reputable title insurance Title Company 5. SELLER shall give and PURCHASER shall accept such title as Co , doing business in 5tiffollc. Co: 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. jClosing 6. "CLOSING" means the settlement of the obligations of SELLER and PIRCHASER to each other under this Defined and contract including the. payment of the purchase price t" SE;I,Lhai, loaf the delivery l0 1'l1RCHAtiE'R of a 'Farm o/Deed: { Bargain & Sale w/ CovenanLs v. C_,rantor ' s Acdb•ed in proper statutory form 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. � N�sF�,b I�IL ts-er rr�rl�t�rtie rr,�l-w ill�Ir Five r lt,-i=-lTl i-(;l l�il�;Fi-n{-+ter.-t in+r�d-(�I-.(�S I-Nf r+iH-ir-rrc;c.�k►t i«r+.,f--i+w-�1 of Direcaors, authorir.int the sale and delivery of the deed, and (h) a certific t it—r Assistant .' Secretary of the corporation ce.rlifying such resulut• art i facts showing that tilt- transfer is in conformity with the rw r ion 9 of the Business Corporation Law. The deed in such case shall E�`•�j,;, � ie�t^tu..rital�lisl�uurt{�liaYu:�arill�.that_>:cc:turu. ;Closing 7. CLOSING will take place at the office of Edward John Boyd V, Esq . , 54655 Main Road, fryDateandPlace: Southold, New York, 11971, within thirty days of final approval by Town of Southold Planning Board of "Cranberry Acres ' subdivision. Broker: 11, P11Rf f1.ASF.R hereby states that Pi1RCti:1SF.li has not dealt with any hr l in connection With this sale other than g ( William B . Smith, Main Road , Cutchogue, New Yu. k, J andra rees to pay the broker the commission carried thereby (pur,;u.ent to separate agreement). IL _ - RIDER TO CONTRACT OF SALE BETWEEN RUDOLPH J. DE HAAN AND FLORENCE � I�E HAAN, HIS WIFE, AS SELLER AND AUGUSTAS A. FINK, JR . , PURCHASER i r The PURCHASER agrees to deliver to the attorney for the SELLER a list of any objections to title or violations which may appear on examination of title, and if any of the objections or violations . wwhich may appear on said examination of title can not be cleared by the SELLER prior to the date set for closing of title, then the ,SELLER shall be entitled to reasonable adjournment of closing of `title for the purpose of clearing such objections or violations. IIIShould SELLER be unable to convey title in accordance with the term ' of this Contract of Sale, SELLER shall have the option of clearing many objections to title or violations, or to return to PURCHASER ;the amount paid on the signing of this Contract of Sale and to re- limburse the PURCHASER for the cost of the title examination, which cost is not to exceed $100 .00, and the cost of any survey made in connection with said title examination; and upon such payments being made, this Contract of Sale shall be considered cancelled andl liof no further force and effect and the parties thereto shall be re- 1 �Ileased of any and all further liability as against each other, and i 'the lien, if any, of the PURCHASER against the Premises shall cease land terminate . The SELLER shall not be required to bring any ac- �tion or proceeding or otherwise to incur any expense to render the (title to the Premises marketable, but the PURCHASER may, neverthe- I yY. less, accept such title as the SELLER may be able to convey, withe µ . out any reduction of the purchase price or any credit or allowance against the same and without any liability on the part of the SELL- j ER for such conveyance. The acceptance of a deed by the PURCHASER (shall be deemed to be a full performance and discharge of every ob ` ligation on the part of the SELLER to be performed pursuant to the i ' terms of this Contract of Sale, except those provisions, if any, 4y` (which are specifically stated therein to survive delivery of the 1deed . i Yk1 � i i �l August& A. Fink, Jr. 1 } l..udo ph Haan z orence DeHaan 41 r3.x 1 Fw� .. �. 1 Sr'rj�i Jl�'1 Y•4 i i}Y� ,. v }gyp .i { a j 1 Streets an 9. This sale includes all of SELLERS ownership and rights. if an� Assignment � � ! n y, to any land lying in the bed of any ,creel or of highway, opened or proposed, in front of or adjoining the PI{EMItiES to the center line thereof. It also includes Jnpaid i any right of SELLER to any unpaid award by reason of any taking by condo nuuttion and/or for any damage to `ry Awards,. the PREMISES b reason of change of grade of any street or highway. SELLER will deliver at nu additional cost i• .w► Y 1,� g ; to PURCHASER at CLOSING or thereafter, oil denta'nd, any documents which PURCIASER may require to collect the award and damages. ar if Mortgagee's 111.- bF> �+g; s-te�leleF fi�RI4LIGEISf It-af-(�I�ElSl,�i1� ri-ewrti�iru+c�ehHc cl-rrtrt rrmn—hherrr thirty-t;i(Certificate before CLOSING signed by -tile holder of each, E\IS'I'ING MORTGAGE:, in form for certifying the y" or Letter as amount of the un ,aid ,rinci r rl and ,oleo st, date a nraturil}', :uu r;rt LI?li shall pay the (ors for to Existing 1 " ! 1 ( I Mortgage(sl: recording; such certificate. If the holder of a mores r• t ut' c,lhrr institution as defined in Section 274-a, Real Property Law, it may, instea r t u:tie, furnish an unqualified letter dated not more than thirty (30) days before C atning the same information. SELLER hereby states that any EXISTING MORTCAGE irrelelcwk�t flte- uric"rf4:WS946. Compliance 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or k with State Y any and Municipal requirements noted in or .issued b governmental department- having; authority as to lands, housing, buildings Department fire, health and labor conditions affecting the PREMISES at the date .hereof. The PREMISES shall be transferred r{ I Violations free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with '3# and Orders: any authorizations necessary to make the searches that could disclose these matters. Omit i/the br-till--oWiget4o is__a4Tee4•ir►t_4w_p_R-ICI_SISS,-itretrrrrcl -g>arsaatr-t tci ti Property is Not l±c;-,4clr�riflrstrst'w� Cr,4e=elf-t•Lte-Ezi4y-af In the City N New-Ym+-rrirrr-trr-FI:{ rf NCY and-payabie. ±rrmmrry-shalt-ire-tlisHrar•1rf:d -try�E.}:Hsi1` :rt-C[ ti4i l�}C:.-Tlri FTMvisTmt New York: shall-rwFwve- >�ING. "? 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 aid, then for the v� all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING.uses of this contract 3 Apportion.moots: 13. The following are to be apportioned as of midnight of the day before CLOSING: (•e+-Rem-*- trrd-+,'be+retrNeeteel.-(li�•litterest-mr-EX-1-STL (rAQOHT64G (c) Premiums on existing transferable insurance policies and renewals of those expiring prior to CLOSING. (d) Taxes, -water zhirrge7-ami-wt-wrr-rents. on the basis of the-fisc.-ak-period for which assessed. (e•)-F'mP {-tiTil {-I}.Vrnk•eharg;es.il-airy,. (lien; 12/1-11/30) If CLOSING shall occur before it new tax rate. is fixed, the tipportionnient of tuxes shall he 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 he corrected. This provision shall survive CLOSING. 2� Water Meter W. -Ifther•e-be awatermeter-on-thrrl1Lll:M4SE-.S SEI I LR-Shaff-fnnri5ha reudmgtcrerdatcnat n I''%. Readings: days before CLOSING date and the unfixed 'v Yr arty, s a re apportioned on thr. basis Allowance 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the: amount of ./or Unpaid any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a aid +f ' Taxes'Etc.: date not less than five(3) business days after CLOSING, prdvided that ollieial bills therefo produced at CLOSING. r computed to m said date a 4 4 Use at 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� Pay P deposit money with the title insurance company employed ed b PURCHASER and required by it to assure its discharge;P Y• Y Encumbrances: but only if the title insurance company will insure PURCIIASER'S title cleair of the matter or insure against its Z enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCIASER " agrees to provide separate certified checks as requested to assist in clearing up these matters. xr C� Affidavit as 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the to Judgments, 3` Bankruptcies same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing + Etc.: that they are•not'against SELLER. '.; Deed Transfer 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or Recording County ollEieer 'in'' the amount of uriy 'uplrlicable transfer and/or recording tax payable by' reason oP the 'deliveiy or Y Taxes: recording;of 4he deed; together with any required tai•return:'PURCHASER agrees to dtily complete the tax return and to cause .t)rercheck(s)r and .ther.tax return•to be-delivered to the appropriate officer promptly after CLOSING. . to Purchaser's 19. All money paid on account'of this contract, and the reasonable expenses of examination of the. title to the. •all• Lien: PREMISES. and. of any survey and survey. inspection charges are hereby made liens on the PREMISES and 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 PURCIIASER.in accordance with this contract, SELLER's sole liability d Inability to shall be to refund all mono aid on account of this contract plus all charges made for: (i) examining the title, rerl Convey Y P ! 6 Limitation (ii) any appropriate additional searches made in accordance with this contract and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled and neither SELLER 1 -Liability: nor PURCHASER shall have an further rights against the other. Y g g 'p Condition 21. PURC HASER CHASER has. inspected tile-1>uilelings-[irt the PREMISES and-tbc�pefsetSal_iN"w4y-i�►elae -iA �l�is$ale °/ and is thoroughly acquainted with their condition. PURCHASER agrees to " t? Property: g Y q g purchase them as is and in their 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. rs; , :.-.` Entire 22. All prior understandings and agreements regiments Agreement: between SELLER and PURCHASER are merged in this contract. 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. s � Y 1 Changes 123. This contract may not be changed or cancelled except in writing. The contract shall also.apply to and bind Must in the distributees, heirs, executors• administrators, successors and assigns of the respective parties. Each of the parties R rihtlg: f P� P hereby authorize their attorneys to agrer 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 Plural: require it. t . 25 . This Contract of Sale shall be subject to : a) Approval by Suffolk County Department of Health of domestic water supply for - lots 1-7 on "Cranberry Acres" map. b) Approval of seven lot subdivision substantially sim- ilar to "Cranberry Acres" map by Town of Southold Planning Board and Suffolk County Planning Department. c) Substitution of "Cranberry Acres" or similar map for present "Cedar Beach Part; subdivision of land covered by this Contract of Sale . ci j Appr-ovai by Town of: 5outhoid Pianning Board, Town of Southold 'Trustees and New York State Department of Environ- mental Conservation for utilization of approximately 2 112 acres _located south of Cedar Beach Road for two or three docks with catwalk access for use by owners of subdivided properties . Sellers agree to abandon filed map with County Clerk, if required. In Presence Of: U A us A. Fin g , Jr g A0 e aWhi ��-�' - - - - Rudolp .Z'L I — �aa� Flo o4re n c DeHS n Closing of title under the within contract is hereby adjourned to 3 19 atv, o'clock, at title to-be closed and all adjustments to be made as of 19 ' Dated, 19 "v For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and net over unto and said assignee hereby assumes all obligations of the purchaser thereunder. rt Dated, 19 .. ................. ...... I. Purchaser ... Assignee o/ Purchaser (ZT��;-ft>x+�-t r� xt�n PREMISES so TtTIA. No. Section I31ock ;n Rudolph J. DeHaan and Florence Lot DeHaan, his wife, County or Town F. Stievt Numbered Address V TO ".7 August" A. Fink, Jr . Recorded At Request of 'aa RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS I Distributed by Sri ' CHICAGO TITLIE 6 INSURANCE COMPANY ,, . . Zip No. fb, 1t 1 7 i Desc, iption-Cranberry Acres ht s� Parcel 1 . All the certain plot, piece or parcel of land, situate, lyingand being g at Bayview, Town of Southold, Suffolk County New York, being more particularly bounded and described as follows: BEGINNING at a point located on the westerly side of Cedar Beach Road, which pointis at the division line of the subject premises and land now or formerly of Pace; running thence N 66° 52' 20" W. € 140 feet to land now or formerly of Akscin; thence N 241 24' 20" E. 33. 11 feet; thence N 2211 16' 40" E. 226. 92 feet; thence N 221 24' 30" E. 51 a x thence N 21° 45' 20" E. 363. 40 feet; thence N 23°02' 50" E. 406. 50 feet to land now or formerly of Stott; thence S. 46° 14' 20" E. 240. 62 feet; thence S. 20° 05' 10" W. 31. 20 feet; thence S. 881 01' 10" E. 135. 15 feet; thence S. 52° 13' E. 147. 85 feet; thence S. 55° 53' E. 2 19. 05 feet; thence S. 57° 50' 30" E. 369.44 feet; thence S. 38° 37' E. 67. 10 feet; i thenee S. 57° 22' 50" E. 102. 50 feet to Paradise Point Road; thence . S. 240 53' 20" W. 69. 16 feet; thence N. 650 06' 40" W. 200. 0 feet to land now or formerly of Weumouth; thence S. 24° 53' 20" W. 441. 68 feet ;, thence ' ? S. 76 53 E. 62. 62 feet to land of Rositzke; thence S. 83° 49' 40" W. 105. 95 feet; thence S. 13° 07' W. 165. 0 feet to Cedar Beach Road;t ° � �. t _ thence N. 76 53 W. 127. 61 feet; thence N. 86° 05' 50" W. 279. 07 feet; thence S. 231 07' 40" W. 307. 02 feet to the point of BEGINNING. ParcelII BEGINNING at a point of the easterly side of Cedar Beach Road, which point is the division line of the subject premises and land now of- formerly of R. Akscin; running thence along Cedar Beach Road N. 23°, 07' 40" E. 259. 92 feet; thence S. 86° 05' 50 E. 543. 91 feet to land now or formerly of Gazza; thence S. 30 54' 10" W. 70 feet more or less to Dryad's Basin; running thence along Dryad's Basin in a generally y westerly and southerly direction 450 feet more or less to land of Akscin; thence S. 88° 27' 40 " West 160 feet more or less; thence 'N. 660 52' 20 W. 200. 0 feet to the point of BVGINNING. ea F rSyi i t� f I a , t V 4 5 Y1� i ,t1 TO ALL TRUSTEES C Q, This is the new sketch for , the application of Augustus Fink. Ep Q �--- 0ije ��{ �- --'-'�. 1` - ! �'' `.. .r. Ark 1 rJ •y � ISG +Pf am ' r f p ��J�1ro`� bn Q b, N > � �P YA D r 'r N� i��,l {I • h_ ' �x Q \` ..:- -: 'L7 SIB `" .:?✓++Le�F.rr'� se�1 ri .> } N Q IT A'la"- 4C��..,�'�,• toDQ- '79- 6 tS 40 7 _4C40-1 �, fc, Ae t AIYED ALTEftATiVn~UR aDDIgOP 1 .O THIS SURVEY IS A VIOLATION OF i a-•. 'F'4e� 4 •%ir/w ( 7 4 6 XTION 7209 OF THE NEW YORE STATE ? r DUCATION LAW. 1 ,? j �,. /7Ex. � (' A� '! .-{ .,Lri+'F '4 m 6 ,a4 3 COPfES OF THIS SURVEY MAP NOT BEARINII v ` iV.p��. +,N - . . - �}MBLOSSED SEAL SHALL E NPT u=_GGNSIDEaED y:..�r'� �.. r i j r-J CT���.i� £!'CIj Ll! "�v_�7� !".^r ti✓•Ai r � J ;gi�Df A VALID�i UG COPY. c a9 F de- ipUt\.,AtliEE5 1!le7�CAT:D I�� ..N SHALL RUN �Q�Yr�C I�(, ;'Imu TO T'iE PERSON FOR\.':IOM THE SURYE � f I~ C} �3'PtEPP.RED,AND CN I IS CEHALF TO TPIE + C ` TITLE COMPANY,DOVE N.MENIAL AGENCI At r- f Fz'ND1NG ItISTITUYION.LISTED HEPEON, AND. t Serls� To THE ASSIGNEES OF.THE-LENDING INST1 ` } . 7i0'4 GUARANTEES BARE ROT TPA:dSFEI', 44 s -, i� �.j r•1{ .�!. _ r �'• s 1: !. r. _.-.._.Y_.-.-�_. ... - ./- �A AEdSlYtnota� r1�r� �Ir{,I�r b'ti. o-f r •? '•.,,, 'i i :'- J � „i.' �r _ 1 y "3 . - ­ . , '. . . ., .1 " . :� �:- , ��, ��--, �- .�..-; , , t . 7 ; •. -- . ". 1: —.. , �' ':t 1 , -� � , ­ � ..- ,'. . ­*... . 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H o R T o /v 0 0 ,09 5 36 5• � ' C \ 50 ��• 49 �voY /oe J! { ' q \`; \• �p `� ✓1 J / 4. ` � N 11 i t 9w°''Q ��$ U 30 Q i!n `0/ !<� � �..���♦`30 ;° ,� O V" S•� � SO / n+ `fir.\ �i M ��6 \ N 11 I`'. 1 � •r � ,'1'1' \�`����t �'. ( , / o��� Q too pN Q' - �o�` \;li '/� O 67 �9 ,. a / \ �8p .� �>� M `\1`\ 1 O , / 0 p �, i 70 �/ { � r0V ° /'.,'l , i� ♦39 b° �� S`� S�'� SS � � 6B � '}1 r � � a ps �� rb` :,�., 'Q- �" '� � � _ .���\\ ` �,•,� I II,f till 40(� 33 \ \ ' °p O 4 �,/ �' �4 Iep 0 1 r 1 Q ; ,oa �� GS_Ti = o S, ° l." 2�K 0 7.Z TE1C L71 Park ! .xh 1� S- /m� 6 � oa �a �'/o op so'9 ''`,`z•e° %ll% /� �r Q 88el o \ o / .���- ,� /.R Q•��\ i,F ��0 r / /,0 o��1)_( �Go o \ '•`�\o e /�2 \0 i 33 �� / �Y7t a d �` /� �� 62 y5 60 Y 'y/ 63 JOb r 9y o /(� i Sp j,J y O/ �1� �`\ 0 1 _ __ .,� /,�a a �oe ,9 >�o ,� , .� s„z o ►/e E h _ .�. `1 CJf7 ,`�,, ,� (00 - • �'/ ; '1 0 T C3 9 _ a 8 C6 P 90 7-9 8g � 3 65) \ h ✓� p 106 80 droo -. 1 /00 y/ C l VIV / e . eo l00 \, q 00 IC N'otc : Lofr shown 6 /lumber or letter in crrelc arc those an /oo �o M�M J�� /S/o. / o/ Pa,-t O f �ro�er y o f EWWI/7 A/.Brown At ! y / hereby certify that this trap wa,5 made ,Southold y om cfuo/ y 6 N Y. "f'i/ca' r� S4 f folk CoCouh Clerks off cc. � 6 me fr � sure s cbrn�/efP4` Se t is /9,2 . c � 7.-/- N.N. Y �SfAte'License No.1582 (;peen Y - '' f,' _ f •any 1 ;�t S- ak � _•�' •�} YA m 4+ r! �, �r � _ .. •_' �-�� I. _ ._... __i(�•t l._....... �S:r.• �i i*.1 � ,,� ~` y ! - r� #•...r~' f,��G��<f a!t+%� E C--+C.�/i*�j'tr . i •-� - :' � �r' ,•a') +--s-� r.,/ �^' ! � r-' ,-.•. r ,y ! t� �� � ! IC<f..� s.t:Lt•~.� ..-f: .. .,. < '.� t �`+. �., _ �.c., ..`.'::aJd(,.. +:-',s ! � r ! . <..:. '. t<`•r-. t.�, �/. C i 1 ii 1` �'c: 1:`r;' .l , �__,-. _ t> P'i;� l• -ff Viz. .may �>rr'r-1't'-? •>".. �ar� �!t t':•4 ' �.�-•-. !x:�'",��1�"f.,'r 1 y, •( 1. _ d.r�-'l :>4:�A<e:,`e r.: o`.�'~�k'. f�rr M �r l} Tr ' - - i r e : t.4 1 . , C1 ..:v J 1 , • 4 __y`.d C i :.....-,.3 `= w..✓r P }.- �r f tr S, ._.__ _�x .. r 6 ��. f,w}..., 'r.r ,�.e.r"" • a �.\ S}'. ,~- µn ./�- ter. �� r m � _ e, - .. r �S ,. -----,..•-"•s� rc r'i*'f�', .. ,�. •f � , '{ylL r� .l-,r /tom''✓� i\�>/ �/,�7 !'''_• f.J'� v.: e,. ,. .-i' . t+ .} /,,e- •'") / i Y�I/ �,e.,,r + $ ai � i.-•-,.A l -'..,..- d +'"/ 7 � ' - ... v - ./.fir__+_i`._. .'�'�' /� fJJ } ..._„ ..... (_ ..._.:�. _,..._... ,f�._...__..._�� r:•� �<� ce!�f�C�s " ;�!'� L J•.' >�s !''4 �'r^p•-qa � ,• �a ,t �-y *�} .Ilk/ < `i_ - C_.'�....»r t1. IPi J'�'f-'i.' t L./ P�� � ._.. / tt ,� • •-r t ) r • if ! ,- r` -.. d }'; "4 �� �Y't.: "" r C.r . S 'f' i f ; f � aK .f. .l I` � /I 1 t'�i., ti:�^ s �`...Y� .. �t':' `}} 1,' t fly _ 4r ° �s ` '�,� ?} .'". l,::s 't i.�:f .. �f .f..<f. _.fir . .. .�..r'`s'�j�j ""y^,.'." i�!• _, li f RS. ry,` e.f ... _ . .. . i 4 t w ^•:! I t .,�ti L .. �.``v,, `��'Y!� � } -- •1 `-- �!„)� i!11.! �' T J.�O 1 cl 'Y .. -•- { a -, :I - r07AUTHORILkU xllesu.r.tsvV UR ADDITION LO THIS SURVEY IS ref VIOLATION OF OCT,ION 7209 OF E YON, STATE _. •7 r A N W. }. trl ti /j COPIES OF THIS SU^,YtT MAP NOT �ARiNt7 t VIE LAND SURVEYOR"S INKED SEAL eR ! w -fMBOSSED SEAL SHA-"L N07 i;E CONSIDEREDiG'C�tit, r^J BE A VALID TRUE COPY. r !/ .. �. rl P^? Z... •� J_ c:/,�a ' - � - - �,UARANTEES IP4DKAffED HEREON SHALL RUN ._. . .. _ _._.._..r_.___..._ _..__-___-• ._.�...,.-..:_ ^NLY TO THE FERSOPV FOR WHOM THE SURw ;S PREPARED, AND ON HIS BEHALF TO THE ' _ r r • ,' ,r, TITLE CON;7ANY, GOWEP.NMENTAL AGENCI . ry LT.NDING INSTITUYIONI LISTED HEREON, AT„ TO T?IE ASSIGNEES OF THE LENDING INST, VILA `R:I?ilOTd,GUARANTEES,ARE NOT TRAPrSTFfl -L9';FtB9DIYIONAt-/N.STnmm�.nrs-r.c