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HomeMy WebLinkAbout7257 Atawa 9 C Y 14 -*7�-51Sv,� - '�� An -ft Ca��� J(yt j 19 �mod �tA.�✓ .� El'o�c//G ---�-, CHECK BOXES AS COMPLETED ( ) Tape this form ( ) Pull ZBA copy o ' c> o a ( ) Check file boxes ( ) Assign next nun y outside of file fc o ( ) Date stamp enti _ 0 � m o z c c file number x � w c� w � ( � o o r- -p o c) Hole,-punch enti. -- c) 0. o 00 o cn h (before sending o a; z o n o ; ( ) Create new inde 0 -< u rn 3 Cfl — N fA N h ( ) Print contact infi cn cn cn ( ) Prepare transmi c o � zr ( } Send original apl 4 to Town Clerk W ( } Note inside file f and tape to i"nsic o : ( ) Copy County Tax 3 neighbors and A `D ( ) Make 7 copies anu ( ) Do mailing label N Un m BOARD MEMBERS ®f s®Ur Southold Town Hall Leslie Kanes Weisman,Chairperson �� __ 5 �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ear Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��c®uff Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD a' Tel.(631) 765-1809•Fax(631)765-9064 t �off- 9 1 NIN� 201 FINDINGS,DELIBERATIONS AND DETERMINATION F E B 1 1 MEETING OF FEBRUARY 7,2019 u . ZBA APPLICATION#: 7257SE Sou hold Town Clerk APPLICANTS/OWNERS: Darolyn & Christopher Augusta PROPERTY LOCATION: 40300 Main Road, Peconic NY SCTM: 1000-86-4-1.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 26, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, rectangular, .932 acre, 40,599 square feet parcel measures 196.15 feet along the south side of State Route 25 also known as Main Road also known as King's Highway to the north of the lot with an eastern lot line shared with two residential neighbors measuring 252.05 feet to a southern lot line shared with a third residential neighbor of 185 feet to a western lot line shared with a fourth residential neighbor of 186.86 feet. On the west side of the lot there is a 16 feet wide common driveway shared equally by the two neighboring parcels (8 feet each) along with a row of evergreen screening east of the drive on the subject property. Along the southern lot line, below a depicted spilt rail fence, is a `footpath'. The split rail fence continues north along the eastern lot line. The parcel is improved with a two-story wood-frame residence with attached garage and front porch on three sides facing Main Road along with a rear wood deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by John T. Metzger, Peconic Surveyors, PC and dated January 9, 2002. BASIS OF APPLICATION: The applicant's request a Special Exception pursuant to Article 111, Section280-13B, subsection 14 of the Zoning Code, to legalize an as built Bed and Breakfast with five (5) bedrooms within their existing single-family dwelling, accessory and incidental to their principal residential occupancy under the Building Department's Certificate of Occupancy Z-28275 dated March 13, 2002. The existing and proposed five (5) bedrooms for lodging and serving of breakfast to ten (10)B &B casual, transient roomers are located entirely on the second floor of the residence. ADDITIONAL INFORMATION/BACKGROUND: Application 7257SE, Darolyn and Christopher Page 2, February 7, 2019 #7257SE,Augusta SUM No. 1000-86-4-1.4 Augusta, owner is in contract to sell their residence to individuals who wish to make the property their full-time, primary residence and also to continue to operate and run a Bed and Breakfast known as The Harvest Inn Bed and Breakfast, where the owner-applicant has operated a Bed and Breakfast consisting of five (5) guestrooms hosting up to ten (10) transient guests for more than a decade without benefit of a Special Exception authorization in their own names. Certificate of Occupancy Z-28275 dated March 13, 2002 was issued to Christina Hessel and covers, among other applied for improvements, a Suffolk County Board of Health Approved six (6) bedroom single-family residence with seven (7)full baths, a `den' over garage and unfinished basement. A prior Appeal, #4904 for a reduced rear yard setback, dated January 25, 2001 was denied. Christina Hessel-Como and Joe Como, her husband, designed and built the residence to function as a Bed and Breakfast from inception with each bedroom featuring an en-suite full bath and private owner's quarters as applied for. On May 24, 2002 the Como's benefited by the Southold Town Zoning Board of Appeals granted the Como's a Special Exception Permit (ZBA# 5128SE), to operate a four (4) bedroom Bed and Breakfast with conditions, including the need for parking of seven (7) cars. While the Town Code allows for up to five (5) guest rooms, the Como's applied for four (4) guest rooms with a limit of eight (8) transient boarders due to the need for a bedroom for their young daughter. It is necessary for Bed and Breakfast applicant's to reserve bedroom space for family members residing at the subject property. Public Records and the Augusta application illustrate that the Hessel-Como's sold the subject property to Darolyn &Christopher Augusta on October 1, 2003. ZBA decision 5128SE was extinguished at that time, per Town Code. Both the application and public testimony show that the since 2003 Augusta's have operated, and continue to operate, The Harvest Inn Bed and Breakfast featuring five (5) guest suites and that as an aspect of the purchase of the Como property they negotiated acquisition of the Bed and Breakfast. The Augusta's use a sixth (6t") bedroom owner's suite separate from the guest area and accessed via a common hall and a second, rear stairwell and maintain they are entitled to five (5) guest rooms having no additional family members residing at the subject property. In contradicting statements, the Augusta's claim they made application to the Town of Southold for a Bed and Breakfast permit at the time of the property acquisition. However, the Town has no records of an application or approval in the Augustas name, and the Augustas were unable to produce any proof of a having received a permit to operate a B&B in their names, but did submit a copy of the most recent "passed" annual Town of Southold Fire Inspection, dated November 7, 2018. Further, they also state that they were unaware of the need to obtain a Town of Southold Zoning Board of Appeals Special Exception permit to operate a Bed and Breakfast and have only learned of this need as a response to a contract of sale requirement to transfer the Bed and Breakfast business with the subject dwelling to a potential new owner. The applicant further asserts that they have been working for three(3)years to resolve this issue. However,the notarized date of November 5, 2018 on the Zoning Board of Appeals application would contradict this statement. Town of Southold Code does not allow the transfer of a Special Exception permit to a new owner and requires all applications to be completed by an owner whose resides in the home as their full-time permanent residence. During a scheduled interior site inspection, the Board Members discovered that half of the unfinished basement was in fact finished without the benefit of a building permit or Certificate of Occupancy and consisted of an open area exercise room, finished closets and a room described by the Augusta's as being a `bedroom for the prior owner's housekeeper'. The Augusta's state that they purchased the property in 2003 with the finished basement in place and that they did not use the `bedroom' for guests or any other purpose other than for storage and argue they were unaware of the need for a Certificate of Occupancy on Page 3, February 7,2019 #7257SE,Augusta SCTM No. 1000-86-4-1.4 these improvements. Paragraph 20 of the FIRST Rider to the Contract of Sale submitted to the Board specifies, "At closing, Sellers shall deliver to Purchaser Certificate of Occupancy No. Z-28275 dated 03/13/02 for a one family dwelling with covered front porch, rear deck, second floor balcony, and attached two car garage. Seller will not deliver any other certificates of occupancy, or similar document, or any certificates for any fence, shed, deck, gazebo, cabana, finished basement, or garage conversion which may exist in or on the premises." In subsequent communication, the applicant has stated that they will not be remedying the finished basement and have indicated that the Contract Vendee will, at her expense be applying for and remedying this flaw in the Certificate of Occupancy, after closing on the purchase of the real estate. The Augusta's own the subject premises in their names and own a separate corporation which runs the Bed and Breakfast, DCAOne, Ltd. d/b/a Harvest Inn Bed and Breakfast. Correspondence via emails and letters were submitted by the Augusta's to the Town of Southold Zoning Board of Appeals, including: December 28, 2018 a copy of a real estate sales contract between Darolyn & Christopher Augusta to Esseye LLC (Cristina Illa) January 10, 2019 documents illustrating the corporate ownership of Cristina Illa's two LLC's, one for the future ownership of the subject dwelling, and the other for the future operation of the proposed bed and breakfast, as applied for January 15, 2019 a discussion of the need for clarity to establish a closing date for the sale of the subject property January 17, 2019 a discussion about the finished basement and alternatives to remedying and obtaining an updated Certificate of Occupancy from the Town of Southold Building Department. January 18, 2019 a description of the applicant's process of submission to the ZBA for the subject Special Exception Permit. February 1, 2019 a new contract of sale with two riders, between Darolyn & Christopher Augusta and Cristina Illa, Ursula Sala-Ilia and Xavier Sala-I-Martin, as individuals and not as a Corporation. This new contract of sale did not include any reference to the separate contract and sale, as previously included in the first sales contract, of the Bed & Breakfast to be acquired by Cristina Illa and Ursula Sala-Ilia. The Augusta's have informed the Board that they intend to cease operation of The Harvest Inn Bed and Breakfast, with the sale of their dwelling and that the purchaser intends, upon successful closing on the purchase, to commence and continue operating a Bed and Breakfast should her application, (ZBA #7258SE)be approved. APPLICABLE PROVISION OF TOWN CODE: § 280-142. General standards. No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. That the safety,the health,the welfare,the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. Page 4, February 7, 2019 #7257SE,Augusta SUM No. 1000-86-4-1.4 D. That the use will be in hannony with and promote the general purposes and intent of this,chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all-proposed structures, equipment and material shall be readily accessible for fire and police protection. G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. § 280-143. Matters to be considered. In making such determination, consideration shall also be given, among other things,to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. r Page 5, February 7, 2019 #7257SE,Augusta SUM No. 1000-86-4-1.4 P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on application on January 3, 2019 adjourned to January 17, 2019 and adjourned for decision to February 7, 2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14)to establish an Accessory Bed and Breakfast,the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Darolyn &Christopher Augusta, the applicant(s) herein, are the owners of the property located at 40300 Main Road, Peconic NY 11958. It is improved with a two-story wood-frame residence with attached garage and front porch on three sides facing Main Road along with a rear wood deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by John T. Metzger, Peconic Surveyors, PC and dated January 9, 2002. The owners/applicants will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated by them. 2. The owner/applicants submitted the following documents to confirm the principal occupancy of the dwelling: Darolyn Augusta submitted a National Grid utility bill for service to 40300 Main Road, Peconic NY along with a copy of her New York State Driver's License and a New York State Board of Elections Voter Registration to substantiate her full-time residency; Christopher Augusta also submitted copy of New York State Board of Elections Voter Registration indicating 40300 Main Road,Peconic NY as evidence of his residence. 3. The application complies with the on-site parking requirements and provides for 7 parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s) applied for. 4. The subject structure complies with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 5. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent residential uses. 6. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties 7. The accessory Bed and Breakfast will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 8. Evidence HAS s been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will be adversely affected. The applicant's currently have a Certificate of Occupancy for an unfinished basement. At some point the basement was partially finished without obtaining a building permit and an updated Certificate of Occupancy. Moreover, the applicants have stated that they will not be removing or legalizing the as built improvements and have indicated that the Contract Vendee will, at her expense, be removing the improvements in compliance with the existing CO after closing on the purchase of the subject property. 9. This zoning use is authorized by the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory use may be occupied. Page 6, February 7, 2019 #7257SE,Augusta SUM No. 1000-86-4-1.4 10. An adverse condition WAS found after considering items listed under Section 280-142 and 280-143 of the Southold Town Zoning Code, including residential improvements not covered by the current Certificate of Occupancy. 11. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Weisman (Chairperson), seconded by Member Planamento, and duly carried to DENY, without prejudice, the Special Exception Permit for an Accessory Bed and Breakfast for five (5) guest bedrooms under application 7257SE, as applied for. This denial without prejudice allows the applicants to submit a new application should the applicants continue to reside in the subject dwelling as the primary residence and decide to remove or legalize the unauthorized improvements to the basement. Any deviation from the survey, site plan and/or architectural drawings, cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. In the event that this is a special permit subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. The Board reserves the right to substitute a similar design that is de rninimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes, Planamento and Lehnert. 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W 1� .1` T i1 ♦ 5'• �•b• SIT— -1 Cu lYw• ,G v' bi0.t�iiM'',� d � bto• y� 13�0. y,•�5 ���.o. 8:0• G.,o. coo,• f')1 r-J I N G _ �11w.t�°ud�• ,.,xA, .,f,e�SN,r o — ,\'�v IIX Pow# "OK.Zhr o,vap,�o. r1TTtcc444 "P of °• F. w'�s r�G.`""ro'►n�•arY �8' �' t.• � dt I, rI i a o' On it• twrtlxlN'L b�11 Mb6 Glo Ri W a' W e f to ow, z CD _�- ► I I w.+-ue a� � I I law�ImT I h I� � ti�•a ` • �^ 1=1' ,'.II" l'II' �=0 ,'•II ,=11' ,'11' f •� � s 'LEL-EG,&ICpL LECa MN Rwa.,R17,aitc G_ 14%c' 40'.0• p H=c• 4+'.0^ f�yt ,\ ' Z �,GciyJ.c.R,RNYb. I� rv64 Y,a'NGt. r" p� ep;� r htvr•w,aa,p.rGwwe,r '.�E g.p � m�e a.yYaFr•Ru.t•olve f '� '� COUNTY OF SUFFOLK - 5� RECEIVED DEC ® 5 2018 ZONING BOARD OF APPEALS I Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning _ Deputy County Executive and Commissioner and Environment November 26, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Friedman, Alex #7253 Bell, Jeremy& Kimberly 07256 7255 Beirne, Edna Augusta, Darolyn& Christopher #7257SE Illa,•Cristina #7258SE Wilmerding, Alexander #7259 Speyer, Jim&Karen #7260 Froehlich, William&Anne #7261 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 L 5_1WEC5E v�® NOV 0 7 2018 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK ZONING BOARD OF APPEALS Phone(631)765-1809 (631)765-9064 ACCESSORY BED and BREAKFAST IN EXISTING DWELLING APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed; TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: Applicant(s), c)&_VC 1 L ►� _. Parcel Location: House No.4p3yc Street vMk iirN Fz 1�6 �1 Hamlet 1G, Contact phone numbers: biz aJ L+ Ot 5.- b i) 1A SCTM 1000 Section �' Block_Lot(s) : 4 Lot Size.q 3 Z Zone District ) o0 0 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE III,SECTION 280 , SUBSECTION 13(B)14 for the following uses and purposes: �� I � - as shown on the attached survey/site plan drawn to scale. A. Statement of Ownership and Interest: a� �- Lk i 'd+V L� is(are)the owner(s)of property known and referred—� to as 4f)30d R—, N) QDui) OUPC__ (House No.,Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000,Section-------,Block , Lot t 9. ,and shown on the attached deed.The above-described property was acquired by the owner on ®C=*©( -ev d)-A . B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following Ireaasons: t C. In addition to meeting the standards prescribed by the zoning ordinance,the following requirements will be meet: a . The accessory B&B will be located only in the principal dwelling. i RECEIVED The owner of the premises shall occupy the existing single-family dwelling unit as�Ov 2��� owners'principal residence. +3'- A smoke alarm shall be provided on each floor and in every guest room. A fire safety notice shall be affixed to the occupied side of the entrance door of each bedroom t%rR4§P ARD OF APPEALS indicating; 1)means of egress,2)location of means for transmitting fire alarms,if any;and 3) evacuation procedures to be followed in the event of a fire or smoke condition or upon /activation of a fire or smoke-detecting or other alarm device. W No sleeping rooms for B&B use shall be located above the second story. ,5/ The dwelling shall have at least two(2)exits and there shall be a window to code to provide emergency egress in every sleeping room for B&B use. Means of egress shall include at least one of the following alternatives: 1)A portable escape ladder that attached securely to the sill, shall be provided for second story rooms for B&B use,constructed with rigid rungs designed to stand off from the building wall,it shall be capable of sustaining a minimum load of 1,000 pounds,and shall extend to and provide unobstructed egress to open space at grade,2)an exterior stair per code,3)or limited area sprinkler system per code. There shall be no exterior signage identifying the use as a Bed and Breakfast in residential areas. pe No accessory apartment,as authorized by Section 280-13(B)(14), shall be permitted in or on premises for which a Bed and Breakfast is authorized or exists. J This conversion shall be subject to a building permit inspection by the Building Inspector and Renewal of Certificate of Compliance annually. &91 The existing building,together with this Bed and Breakfast,shall comply with all other equ ire ments of Chapter 280 of the Town Code of the Town of Southold. y This conversion for the Bed and Breakfast shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. The property which is the subject of this application is zoned"n:J)-P--�°` �-1/ and [_has not changed since the issuance of the Certificate of OccupaWcy attached. [ ]has changed or received additional building permits,and Certificates of Occupancy for these changes are attached or will be famished. (Signature) 0�) o COUNTY OF SUFFOLK) _ss.: STATE OF NEW YORK) ��✓y Y Sworn to before me this day of JfIQ1)ember ,20- ;W(Not _Pu__b_1___, LINDA S. CARLSON Notary No.ol'CA61371State of78 w York Qualified in Suffolk County Commission Expires Nov. 14, 20 3/12 A..PLICANT'S PROJ_ECT DESCRIPTION RECEIVED (For ZBA Reference) Applicant:�`�- [�ro1 tti NOV ?0?6 .t-- Cii�,-, � a-�f ate Prepared: r5 fir-,5- -{-� — -L� ' 1 u I Uf APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas(New Dwelling or ew Additions/Extensions): Dimensions of first floor extension: PF Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground measured from natural existing grade to first floor: ) III. Proposed Alterations or Interior Structural Changes without enlargementlextension (ittach extra sheet if necessary)- Please describe building areas: Number ofFloors and General Characteristics BEFORE Alterations: Number of Floors and Changes WnH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage ofbuildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: N/A' Vl. Please describe the land contours(flat,slope %,etc.)as exist and how it relates to the difficulty in meeting the code requirement(s): i� Please submit seven(7)photos,labeled to show all yard areas of proposed construction after I staling corners for new construction),or photos of existing building area to be altered(area of requested changes). 7/2002; 2/2005; 1/2006 ' t _ I ( I NOV" a QUESTIONNAIRE ZONING 130ARO OF AppkALS FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premis s listed on the real estate market for sale? Yes 7No (`�%, . D i B. Are there any proposals to change or alter and contours? ✓ No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? -- 3.)Is the property bulk headed between the wetlands area and the upland building area? — 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? -- Please confirm status of your inquiry or application with the Trustees: --- and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? �— Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?`fie' If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe:_ G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? N cJ If yes,please label the proximity of your lands on your survey. I. Ple se list resent use or operations conducted at this parcel -,c t and the proposed use (ex:existing single family,proposed:same with garage,pool or other) Author' sig an TOWN OF SOUTHOLD .�� � BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall NOV 0 7 Z018 Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-28275 Date: 03/13/02 THIS CERTIFIES that the building NEW DWELLING Location of Property: 40300 MAIN RD PECONIC (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 86 Block 4 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 14, 2000 pursuant to which Building Permit No. 27082-Z dated FEBRUARY 13, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH COVERED FRONT PORCH, REAR DECK, SECOND FLOOR BALCONY AND ATTACHED TWO CAR GARAGE AS APPLIED FOR. The certificate is issued to CRISTINA HESSEL (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-00-0272 02/25/02 ELECTRICAL CERTIFICATE NO. 52906 01/29/02 PLUMBERS CERTIFICATION DATED 03/12/02 DINIZIO PLUMBING & HEAT 1, �- --14 //AutlicrizedSignature Rev. 1/81 RECEIVED AGRICULTURAL DATA STATEMENT NOV of 7 2018 ZONING BOARD OF APPEALS ZONING TOWN OF SOUTHOLD BOARD OF APPEALS WMN 710 USE Tiff.'FOM The form must he completed by,the applic'aut for any special use permi4 site plan approva4 use vapinrrce; or subddvision approval on property within an agricultural district 0R w8tlun 500 feet of afarin opermlon located in agricukard district:AH applications requiring an agricultural data sMtOuerrt intrst be referred to the Suffolk County Department of Pknning in accordance with seij&fis 2391 m and239-n of the i704 eral0Mn1cllfdl L'aw, 1)Name of Applicant o l r� �— C ® -�� (, —�'LL-A • 2)AddrtZj of Applicant; wC' oo Mp-t ks 3)Naine of Land 0w4err(if other than apphcant) 4)Address of Laud Omer. _ — 5)I)escriptioli of Proposed llroject: Nis '6)Location-f Property(road and tax map number): lV 3 7)Is the patc l witltiai an agricultural district? �To ❑Yes If yes,Agricultural District Number 8)is this parcel actively fanned? di�o ❑Yes (ve.-F�� y�►-� ;®Lj� p;.j 9) Narne and address -of slay owner(s) of land within the agricultural district containing active farm operation(s)located 500-feet of the boundary of thQ propQwd project. (IMfortnation may be available throu$lt the Town Assessors Office; Town Ball location (765-1937) or from any public computer at the Town Dail loratious by viewing the parcel numbers on theTown of Southold Real Property Tax System. Name and Address 2. 3. 4. _ 6. (Please use back side of page if More than six property owners are identified.) The Iot numbers may be obtained,in advance,when requested li om the Of of the Planning B oard at 765- 1938 of the Zoriing Board of Appeals at 765-1809. rbb * "dwowents �� �xDa qw}Note:2 1.Thy locallicit from the owners of land identified above in order to consider the effect of the proposed actioti on their farm operation.Solicitation will be made by supplying a cgpy of this statement 2 Comments returned to the local board will betaken into consideration as part of the overall review of this application. •3.The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above.The cost for miming shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 L�75i:�VE Attachment to Agricultural Data Statement: NOV We were asked to provide the physical addresses for the following tax maps: ZONING BOARD OF APPEALS 86-1-15 Pindar Vineyards 4195 Main Road/Rt 25 c/o Herodtus Damianos* 591A Bicycle Path Port Jefferson Station, NY 11776 85-2-9.2 Raphael Vineyard 39390 Main Road/Rt 25 Attention John Petrocelli PO Box 17 Peconic, NY 11958 85-3-11.2 Pindar Vineyards 39935 Main Road/Rt 25 *See above Same physical mailing address { 1 617.20 Appendix B � Short Environmental Assessment Form [ ECl=g1►ED Instructions for Completing Nov 0 7 2018 Part I-Project Information. The applicant or project sponsor is responsible for the2co�pgti�o��iP��at�t �4R� orti es become part of the application for approval or funding,are subject to public review,and may subject o er ver►iication. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information ; Name of Action or oject: Project Location(describC6id attach a location map): Brief Description of Proposed Action: • —o i�e Name of Applicant or Sponsor., ` } Telephone: (Dq �l�v� �!— -tit S`"� ►'�v E-Mail: © t N Address: �0 � ©(� City/PO State: Zip Code: �e-o'OLLIL C__ I V-V 1 1 E g!� 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2 . V1111 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? } acres b.Total acreage to be physically disturbed? ►.1 acres c.Total acreage(project site and any contiguous properties)owned n or controlled by the applicant or project sponsor? N rt acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) o Industrial ❑Commercial rL esidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEDE_ _jC7,J � 5. Is the proposed action, NOV5 fl 70M NO YES N/A a.A permitted use under the zoning regulations? ✓ b.Consistent with the adopted comprehensive plan? CONING BOARD OF APPEAL S, LX 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? .-- 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.WouId the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest Cfl Agricultural/grasslands ❑Early mid-successional ❑ Wetland ©Urban suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 J l i 18.Does the proposed action include construction or other activities that result in the impoundW gt_Q(;ED NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 110 V „ � ZPA� d . 7 1('Rn R F ANP Al� 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: �✓9 r��'�''o Date: 0 Signature: srt, Part 2-Impact Assessme t. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" y� A No,or Moderate small to large impact impact may may _ ,► occur occur 1_ Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level oftraffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available eneM conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate NOV, O � �Mo, to large impact impact may ZONING BOARD;2ocKX?EA.S occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box ifyou have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.-The purbose of this form is to provide information which can alert the town of"risible conflicts-of interest and allowlt to a fever action is necessary to avoid same. q u YOUR NAME• IA-- �' —�'�-�► �—b 4t Coo/ y r OE AD EALS •(Last name,first nalne,middle initial,unless you are applyir&in the name of someo a else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) ,rt— P , ,,,�;•-f— Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanVagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP -1-1� Submitted this day of 20jE Signature ( Print Name 3)o,, 0, k °�- October 25th, 2018 V�ECEIVED ZONING BOARD OF AQPFf'L7 To: Southold Town Zoning Board in consideration of the new B&B Permit for The Harvest Inn Re Property at: 40300 Main Road/Rt 25 Peconic, NY 11958 In the County of Suffolk, and the Town of Southold, New York This is a sworn affidavit from Cristina Illa, that on or around January 31, 2019, she will purchase the property above as her primary residence and also operate The Harvest Inn located at the same address. After closing, she will provide a copy of the new deed and proof of residency at the address above as required by the Southold Town Zoning Board. ---- 'jam-A- ----------- --------- Signature/Date 911?Te �t Nancy Messer Notary Public,State of New York *€ F•� * NoOlME617729 C ri st i n a I l l a °ueuc., J Qualified in Suffolk County �� ; � CommissionExpiresW13t20+__f ' r S t SAM RECEIVED I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIII IIII NOV 0 7 2MB ZONING BOARD OF APPEALS I illlll IIIII IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/16/2003 Number of Pages: 3 At: 11:14 :54 AM TRANSFER TAX NUMBER: 03-10823 LIBER: D00012278 PAGE : 083 CRISTINA HESSEL CHRISTOPHER AUGUSTA District: Section: Block: Lot: 1000 086 .00 04. 00 001.004 EXAMINED AI3D CHARGED AS FOLLOWS Deed Amount: $985, 000 . &0 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9 . 00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5 .00 NO EA-STATE $50.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30 . 00 NO SCTM $0.00 NO Transfer tax $3, 940 . 00 NO Comm.Pres $16,700 .00 NO Fees Paid $20,764.00 TRANSFER TAX NUMBER: 03-10823 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County e Form 8002(9/99)-20M—Bargain an __, Deed,with Covenants against Grantor's Acts—Individi_�_ Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUM&NT—v THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 1 St day of ' October 2003 and BETWEEN CRISTINA HESSEL,residing at 40300 Main Road, Peconic NY 11958 party of the first part,and RECEIVED CHRISTOPHER AUGUSTA and DARYLON AUGUSTA,both res a�t�S w Mill Road, Lebanon,NJ 08833 ZONING BOARD OFAPPEAI-S party of the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars and oth�r valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York,known and designated as Lot No. 2 on a certain Map entitled, "Map of Peconic Ba Cove", filed in the Suffolk County Clerk's Office on March 4, 1983 as Map No. 7159, bo6ded and described as follows: BEGINNING at a point on the southeast side of Main Road [S.R. 25.1 distant 165.40 feet southwesterly as measured along the intersection of the,southeasterly side of Main Road and the southwesterly side of Indian Neck Lane; i THENCE along the division line of Lots 1 and 2 as shown on the above-mentioned Map South 24 degrees 00 minutes 00 seconds East 252.05 feet,to the divis}on line of Lots 2 and 4; THENCE along the last above mentioned division line, South 66 degrees 00 minutes 00 seconds West 185.00 feet to the division line of Lots 2 and 3; THENCE along the last above mentioned division line,North 24 degrees 00 minutes 00 seconds West 186.86 feet to the southeast side of Main Road; THENCE along the southeast side of Main Road,North 46 degrees 35 minutes 20 seconds East 196.15 feefto the point or place of BEGINNING. Grantors being the same persons as the Grantees by a certain deed dated March 1, 2001 and recorded on March 16, 2001 in Liber 12108 Page 081 and being and intended to be the same premises conveyed therein. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines-thereof;TOGETHER with the appurtenances and all the estate"and rights of the party of the first'part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto-the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part ha"s not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consider- ation as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose: The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PIMSI:NCG OF: \✓wv CRIST.. SSE, Acknowledgement taken in New York State Acknowledgement taken I _,wYork State State of New York, County of SUFFOLK , ss: State of New York, County of /1 _, ss: DECEIVED On the 1 st day of Oct. , in the year 2 0 0 3 before me, On the day of ; in the year , before me, the undersigned, personally'appeared the undersigned, personally appe40.1 7 201F CKRISTINA HESSEL personally known to me or proved to'me on the basis of personally known to me o2C'R91AU 0e0c�rhIt0P-AlE§sis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he%she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrume the individual(s) acted, executed the instrument. PATRICK MALONEY N t Publ NOTARY PUBLIC,State of New York �Y No.01 MA6077660 a. Qualified In Nassau County Commission Expires July 15, Acknowledgement by Subscribing Witness taken in New Acknowledgement taken outside New York State York State State of New York, County of , ss: *State of , County of , ss: *(or insert District of Columbia,Territory, Possession or Foreign Country) On the day of, , in the year before me, the undersigned, personally appeared On the day of , in the year , before me, the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did personally known to me.or proved to, me on the basis of depose and say,that he/she/they reside(s) in satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to that he/she/they know(s) me that he/she/they executed the same in his/her/their to be the individual described in and who executed the capacity(ies), that by his/her/their signature(s) on the foregoing instrument;that said subscribing witness was instrument, the individual(s) or the person upon behalf of which present and saw said the individual(s) acted, executed the instrument, and that such execute the same; and that said witness at the same time individual made such appearance before the undersigned in the subscribed-his/her/their name(s)_as_arwitness.thereto_.___ - (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No.: Tellus Abstract ##T-1089 SECTION TOM= 86 HESSEL BLOCK 4 LOT XX 1 .004 TO COUNTYORTOWN Suffolk Southold RETURN BY MAIL TO: AUGUSTA ONGIONI & BORELLI, 300 PANTIGO PLACE, SUITE 115 Distributed by EAST HAMPTON, NY 11937 Chicago Title Insurance Company _ - Zip No. W U. LL 0 Z _ O cc ' O U - - W cc U. O W N 3 O LL W a N ' N F W cc i, W W ,Q Dear Taxpayer, RECEIVED; Your satisfaction of mortgage has been filed in my office and I a_m,enclosing,th &yg w*,y for your records. ZONING BOARD OFF!A6EALS If a portion of your monthly mortgage payment included your property taxes,you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10�" and on or'before May 31". _Failure to make payments in a timely fashion could resuli-in a penalty. Please contact your local Town'Tax Receiver with any questions regarding property.tax payment.. Babylon Town Receiver of Taxes 'Riverhead Town Receiver of Taxes 200 East Sunrise,Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 . (516) 957-3004 (516) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Half- Port Jefferson,N.Y. 11777 Shelter Island;N.Y. ,11964, (516) 473-0236 (516)'749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes' ' 300 Pantigo Place ; 99:West Main Street East Hampton,N.Y, 11937 Smithtown,N.Y. 11787 (516) 324-2770 (516) 360-7610 Huntington Town_ Receiver of Taxes Southampton Town Receiver of-Taxes 100 Main Street 1167Hampton'Road -- Huntington,N.Y. 11743 , Southampton,,N.Y. 11968 (516)351-3217 (516)283-6544 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip,N.Y. 11751 Southold,N.Y. 11971 (516) 224-5580 (516).765 18Q3 Sincerely," Edward P. komane Suffolk'County Clerk dw 2/99 C 2 a 3 d M � Number of pages RECORDED TORRENS 2003 Oct 16 11:14054 AM Eduard P°Romaine C Serial# CLERK OF SUFFOLK i OMW Certificate# GFOIi� x` f� Prior Ctf.# OT Pr+t 1��`'txy Deed/Mortgage Instrument . Deed/Mortgage,Tax Stamp 1 �'�S�i�g 9'FI ing Stamps 4 FEES­ Page Page/Filing Fee 7 Mortgage Amt. = Handling 5. 1.Basic Tax TP-584 15 - - ,. . 2.Additional Tax Notation u Sub Total' EA-52 17(County) Sub Total I Spec./Assit. EA-5217(State) rJ Or Spec./Add. RP.T.S.A. Act TOT.MTG:TAX #A Dual Townes Dual County Comm.of Ed. 5 00 :•: Hel ortionment Affidavit Hb IHDtt .. Certified Copy ✓�� Mansion Tax The property'covered-by this mortgage is or Reg.Copy will b6 improved.by a one or two family C, Sub Total I D® dwelling only. Other ✓ , , ) YES .orNO GRAND TOT'A3, If N^;see'apprbpri&e',tax clause on page# 6Tthis instrument. ` Dom/ S Real Property Tax Service Agencfferification 6 Community:Preservation Fund Dist. Section Block Lot Co ' eration Amount $ S�CJ Staq 0304/000 loon 011600 0400 001004 ; ;: � CPF"tax Due $ k/ 700 ~ Date P T S ;w Improved �C R SFL Ft Initi! 15-OCT-0 Vacant Land _ _ r Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD ONGIONI &.BORRELLI TD 300 PANTIGO PLACE, SUITE 115 EAST HAMPTON,' NY 11937 ETitle Company Informatidii e T-1089 Suffolk-C®� Recordin -& Endorsement Page -This page forms part'of :the attached DEED made b - y (SPECIFY TYPE OF INSTRUMENT) CRISTINA HESSEL The premises herein is situated in SUFFOLK COUNTY,NEW YORK To In the Township of SOUTHOLD CHRISTOPHER AUGUSTA and _In the VILLAGE - DARYLON AUGUSTA or HAMLET of PECONIC BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) 1 Photos of the property at 40300 Main Road,Peconic NY attached: „� Please note-color photos,aerial views are also available on our website at www.harvestinnbandb.com -Front of house RECEIVED -Guest parking area,with marked spaces for five cars NOV II 7 2MB -Guest dining room ZONING BOARD OF APPEALS -Guest dining room -Guest entry,hall-stairs to guest rooms -Guest living room -Upstairs guest hall -Guest Room#1 Bedroom -Guest Room#1 Bath -Guest Room#2 Bedroom -Guest Room#2 Bath -Guest Room#3 Bedroom -Guest Room#3 Bath -Guest Room#4 Bedroom -Guest Room#4 Bath -Guest Room#5 Bedroom -Guest Room#5 Bath -Owner Family Room -Owner Kitchen -Owner bath off kitchen -Owner private stairs to bedroom -Owner hall -Owner TV room -Owner bedroom -Owner bath -Owner washing machines in owners space near garage -Garage for 2+cars.Additional parking for owner's guest outside garage doors •�,. �—�-aq. r� 4 Se .Y *ti •: �-.".e,�F'1 rtla"`,rs"yr�i'r°U �i�'>' -r a'�"��-� > r�' r ._. ;± P• /.-t. � A �i:. t �4,N a S.+t�� 't,r w °''�i'"";,a 1�',`�'�'a ._�fi' ,,a S`I�Y�+ �-F� � y,."'"':a Rl 'W .+ 4+,• jet'. iJ< :: r.r. 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TOTAL DATE REMARKS 941-,-�h i I I (Doo 14, 7,610 17, F0'6- 3 Z -L I AD, 78D 0 93- H 2-5 -fa -Fa. 0 W4,- 5'o o a OCR 4 to /5-Z,6--o v O 3 a N 0 G m ["� ga D m a m Tillable FRONTAGE ON WATER D m Woodland FRONTAGE ON ROAD cn \ Meadowland DEPTH House Plot BULKHEAD Tota 1 M ��'- � rl.�➢l j�1t;j,Yr,�s,: r;t'��. �Y �h���i��"' "'�,} �1.. ,\`� � t��; �:. ■■■■■■■■■■■■■■■■Yl■■■ ; r � Ili` ; �� / ■■■■■■■■■■■■■■1���1��■ 201 ts, ■ r r� 41, i ,tl�t �}c 1 1 -U��,� .,.�"�i 71C^� µ�/r�r��t m�� ;r_ t� �,,� ` ;�i.�utti�.ry w.�; ■■.■■■©■■■■■■■1■■ ■"■ t 1, •�[, s�lA�rr ,� K1?G w� y � f'rp ti 'r� t 4 1 t ■■■■f■■■■■■■■■■■■■■■■ w w t - " � .� — �..4Ms��..T,��:��.: .�� NOON■■ NOON■■■ NOON■ ■■■■■■■■■■■■■■■NONE Interior Finish Fire Place i� Driveway .. TOWN OF SOUTHOLD Fire Safety Standards f Sr Bed & B r eakfast Operating Permit r �f�r;eir.� iti^,,;it::,V e,...., THY`%�: •:.;c^.,,.;.+�;;...-:;•, +:`tir,l: 4`i� 9�...:`+^. %�.::•.r�`'``n�: yt -^=•c^c �,;.,5. .rri+ .� �:„ a,;,x;;�. L•� x};�- r..`• �•c rr.- i:•t,•:.-i. Y=:,itz."''=�.;r �C:`:^�.•c:�r�C ,�,� z. .•.:�+;'rf`� �'��?c�1.",} r�,�:�3�`'�i�::t��ii•c'�....�,.-%`'�'4.S_-'.. ,$:s` .'}:fs�`-^.•a,�. _ ��vsay(;��, i•" 'M1'*.�,:.. ;Yr '�`"_`'�' •,ar�,^'�.�__�"c•�:L`+'•`•^r'J'-G�'K^.•. 4` s i 'F••^ aa-'.`�;:'� ..a"'::�'t7�• l+Di, ^T` 4.�'„:��:.d �;,+.j'�.,� Fn-<.a „"•zc :�^"�z;^= ..%:�,_•- .��';��c,,.p'�rp i^.:;^ _4'rr'a,c6w '`'`' st,fi���.-a ^^-.s1-,-�--^z� ,�"k�s �- `^���`�•^;•�+;'-•...$:s �rr' HARVE Name of PI4 �' Assembly = :=mot �` .fit• SIR !?``•!t y t.."'1 t� .r�.,+2.�':w�: qy""�'LY:y..•� `fi.1yyYr4 ��'����1Y. Conducted a,- ` BED AND AKFAST Place o mblyI PECONICL®c ba t ROUTE -�"-,�'•-`t, 86-4M :.•'cS+-�u4: /IN r Addr""a Village ' ?:'�qm}nx,�tr.r.;'rv ,' :,'-• '"�'��,+aa :k:.`i�;;,,`rd, g`-510 .�4;,•,N n.r, ./ik',�';zSGK ::`;=„-�"ea a,� '-:Gi�T:.<�.�'�1+•�.. •��?c�:-�z`- .,ti r:=• -•''r'"+y,^3x"�� �- ,'+i:'ir i'�.i���='=�w��� `.rE^ii.s+�g•�•,rftrr.:.:�~. `'may;.-x. •t'; ',;ii� ni.—•`,a (Allowed Capacity) TOTAL 5 rm-10 Guast§ rn Is in compliance with the requirements of NYCRR 9B and the New York State Uniform Fire Prevention and Building Con, and the ordinances of the Town of Southold applicable thereto and rules adopted thereunder, Expiration is (1) year from date of issue. In compliance with Town Code the operator is responsible for arranging for the annual inspection. DEC. 2017 Robert Fisher Date of Issue Fire Marshall This notice must be posted by the main entrance at all times. {- g soo �, f i 3 N ( COOMy?� �o 3 /� L RECEIVED ZONING BOARD OF APPE LS INSPEC P" [ ] FIRE RESISTANT CONSTRUCTION [ ] SIRE RESISTANT PENETRATION RE AM L K& ;r� ��y.. _.Ln.w '_� _ �, - f.- �� - �.�._ �� Y.�u J! t �;• t yF„('�^ _..c..w��_.u+ DATE 5 t MNSPECT®R '.This certificate is attached to a�page document dated L QA entitled 2.anKVQQ_i) ACKNOWLEDGMENT CERTIFICATE�gNING State of County of Before me, on this Name of Notary ublic day personally appeared 1 I Name of signer(s) to be the person(s)whose name(s)is/are subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. Given under my hand and-seal of office this 'A_ day ofCK�6_bu 2 9 ; Year Notary Public's Sign e ,Signer's Identity verified by: �yoa N Messer ersonally known to me . ` Notary Public,State otNewYork NOTARY;. - No01ME6177256 i �usuc ;= Qualified in Suffolk County El,Identity proven on the oath k.,..y`"-•''••F•f Cop miWon EXpIreS 11/13120 Name of credible witness +.•.✓'� ❑ Identity proven on the basis of (Seal) ..c*Uon of IdenUty card or other document Copyright 02011 American Association of Notaries,Inc. PO Box 63D601 Houston,TX 77263_1-800-721-2663 www.usnotaries.com r- '.This certificate is attached to a 2 page document dated C) ! ntitled AC , 11 ACKNOWLEDGMENT CERTIFICATE'State of N � I Nov 0 20m 7z5Z-1� County of �-- ZONING BOARD OF APPEALS Before me, oa ,on this ame of Notary Public day personally appeared _ r��j �1 - Name of signer(s) to be the person(s)whose name(s)is/are subscribed to the foregoing instrument and ackmwledged to me that he/she/they executed-the same for the purposes and consideration therein expressed. Given under my hand and-seal of office this —�,�a`-' day of_ , f Year otary Publi a 'i ature Signer's Identity verified by: ?�oF, Nancy Messer Personally known to me 1 'rtoTaRv x Notary Public,State of New York �.� * No O1ME 6177256 ❑ Identity proven on the oath PUBLIC. .4 Qualified In Suffolk County G Name of credible witness 1; P Commission Expires 1]/13/20_�-1 �tity proven on the basis of�' (Seal) t of ldenUly card oroher docmoant Copyright 02011 American Association of Notaries,Inc. PO Box 630601 Houston,TX 77263 1-800-721-2663 www.usnotaries.com 5 SERVICE FOR BIWNG PERIOD r PAGE 1 of 4 bit pDAROLYN AUK fA6'� i®n a I r 40300 MAIN RUSep 25,2018 to Oct 24,,�-!I 1C CI PECONIC NY 11935 ACCOUNT NUMBER Nov 18,2018 $363.65l;19 CEIVED V111VVY.f1_at!6ndl9rlauS:COR1^ Y-•,;t: :_ -Ar.,t.,:.y. r :':.. .;.: .,w.= ® DID YOU FORGET? ;CUSTOMER SERVICE°`" We know you a promptly,but a previous balance is outstanding. If you have mailed our a menoov 800=930=5003 Y pay P P Y P 9• Y Y P Y V Monday Friday'8AA?8PM?, w paid your bill at one of our payment agencies,please consider this a Thank You. ZONING t a=1=8U0=490 0045' _' ' ''s ACCOUNT BALANCE13 ARD Of,APPF-A '.�'�z24Hours/Day=7Oaysryyeek�- - "';?� - - yt hot Iace91,1,emergency E Y F4 t Previous Balance 181.82 ,mescals`rS es)r'-3:.''�t�,r'�'= err o' '`-•t;,"_r�" i^''PARA ESPANOL Payment Received No payments have been received during this billing period -0.00 '�1 800-93U-5003 Balance Forward 181.82 CORRESPONDENCEADDAESS';gF n r�1Acgounts Processing�KEDLI Current Charges + 181.83 „'`,'One,MetroTech,Center -,y'.:fi.'r•_ ' ±Biaoklyn;Nl(1120i3348'"1'- Amount Due I► $363.65 PAYMENT4ADDRE581J, R v" To avoid late payment charges of 1.501.,$363.65 must be received by Nov 18 2018. "- =' :Newark;,NJ_0710i-9991 f; DATE BILL ISSUED _ _ SUMMARY OF CURRENT CHARGES rOct 25;'2018 ; DELIVERY SUPPLY OTHER CHARGES/ '? SERVICES SERVICES ADJUSTMENTS TOTAL Gas Service 87.29 92.16 179.45 Other Charges/Adjustments 2.38 2.38 Total Current Charges $87.29 $92.16 $2.38 $181.83 Tougher Penalties Help Protect Utility Workers: Our field workers often face a number of challenges while performing their duties,but New York State has new laws in place to help better protect them. Now,any action by a member of the s public that prevents a utility worker from performing their job,or causes the worker physical injury,is considered a felony. F GAS,USAGE HISTORY(Therms), - _- -•300. . 200` foo - t`0 OND•JFMAMJJASO ' -17 7i, d18 Daily Averages" Oct V`z: <-a Od W Therms .`'-`33- -,-, ,'31,-: Y;, cost S AclUal: ''❑Estimated ,, ,•, KEEP THIS PORTION FOR YOUR RECORDS -- RETURN THIS PORTION WITH YOUR PAYMENT. ACCOUNT NUMBER -• • n at i o n a I g'r i r rNo18, 2U18 $ 363.65 includes amount past due Do- DID YOU FORGET? Accounts Processing KEDU ENTER AMOUNT ENCLOSED One MetroTech Center Brooklyn NY 11201 Write account numberon check and make payable to National Grid DAROLYN AUGUSTA NATIONAL GRID PO BOX 177 PO BOX 11791 PECONIC NY 11958-0177 024876 NEWARK NJ 07101-9991 000018183 94561210000000036365322 I -.'..-say-c.^..sx.:-i,.=Y..r✓Y.._.-e ,= -. -_-'I+ua" . �r�N`evr3YQ%IiStife;° _ - .. °� - : � ����; ,'`,�t� r i -= `BOARD Of:EIEG`I®NS ! ,� C:; \Y�mU U NYSVoter Public Information - Voter Registration Search Re l�/ County BOE Contact Information RECEIVED Regular Polling Place Information Nov 0 7 um This is the current polling place assigned to"40300 ROUTE 25, PECONIC 11958" by your County Board of Elections as of ZONING BOARD OF APPEALS 09/2812018. SOUTHOLD TOWN RECREATION CENTER 970 PECONIC LN, PECONIC, 11958(Get Directions) * MAIN FLOOR* Voter Information Name : CHRISTOPHER AUGUSTA Residential :40300 ROUTE 25, PECONIC, NY 11958 Address Mailing Address (if any) Political Party : Republican Voter Status :Active Voter District Information Election District : 10 County : 1 Legislative District Senate District : 1 Assembly District :2 Congressional : 1 Town : SOUTHOLD District Ward �.fitVevl:=YoYk�Sfa`te}Y��'��� `�, •"'t .B;OARDF '== NYSVoter Public Information - ®Forcer Registration Seal'ch RLsoltSCIose County BOE Contact Information Polling Place Information 1� Regular g RFc>=gVED This is the current polling place assigned to"40300 MAIN RD, ���� PECONIC 11958" by your County Board of Elections as of NOV Q 09/28/2018. BONING BOARD OF APPEALS SOUTHOLD TOWN RECREATION CENTER 970 PECONIC LN, PECONIC, 11958 (Get Directions) * MAIN FLOOR'` Voter Information Name : DAROLYN M AUGUSTA Residential : 40300 MAIN RD, PECONIC, NY 11958 Address Mailing Address (if any) Political Party : Republican Voter Status :Active Voter District Information Election District : 10 County 1 Legislative District Senate District : 1 Assembly District : 2 Congressional : 1 Town : SOUTHOLD District Ward RECEIVED October 29,2018 NOV 0 7 2018 Hello Leslie, ZONING BOARD OF APPEALS Attached please find 8 copies of the joint application for the B&B permit for Cristina Illa,our buyer and her check for$750.The application was notarized when she was here Thursday for'the home inspection. We also put together a notarized affidavit as you requested-stating that the property at 40300 Main Road in Peconic will be Cristina's primary residence.She will provide a copy of the deed for your files after closing and proof of residency as required. Her daughter Ursula will be joining her as well.She has already resigned from her current position effective at the end of the year, in preparation of the move to the North Fork. This week we are heading to our storage unit to check our archives for the original application (and approval)to the Town for our B&B permit(from The Como's to us).Obviously if we can find that then we won't need to re-apply. I will let you know by the end of the week. It's hard to remember since the process started in 2003.We did go to a meeting with The Como's,and we were asked questions before receiving our B&B permit.The Como's had been in front of the ZBA a few times because of a neighbor that was fighting the building of the B&B and then the operation of(they have since moved). So,they literally turned over their copies of all,that we used when we filed.We seem to remember the fee being around$400. If you can confirm the fee in 2002,we would be so appreciative as it may help us find the bank entry. It's interesting that our paperwork seems to have gone missing as relates to the permit and fire inspection/B&B permit. I have included a copy of the last inspection provided by Bob Fisher in the package as promised. He will be out until next Tuesday,and is suppose to be contacting us and others to reschedule inspections for this year(again,it sounds like he was off for two weeks or so very suddenly). Our buyer is aware that she will also host an inspection after closing. Please let us know when the ZBA members will be visiting the Inn as part of your process,we want to make sure we are guest-free so the space is totally accessible.Also,what is the date for the January ZBA meeting that we need to attend? Now that the lawyers have the home inspection report,they will finalize the Contract of Sale,which I will drop off at your office to include with this package once executed. I think that is everything. If not please have someone in your office let us know.And thank you again for your guidance. Darolyn and Christopher Augusta The Harvest Inn 40300 Main Road Peconic, NY i RECEIVED October 25,2018QV 201 ZONING BOARD OF APPEALS To:The Southold Town Zoning Board of Appeals From: Christopher and Darolyn Augusta,Owners of The Harvest Inn Bed and Breakfast Copy To: Cristina Ilia, New Owner 40300 Main Road/Rt 25 Peconic, NY 11958 (PO Box 177) Re: New B&B Permit for Buyer,Cristina Ilia We recently met with Scott Russell (Town Supervisor), Bill Duffy(Town Attorney)and ZBA Chair Person, Leslie Kanes-Weisman to understand how to proceed with a new B&B permit for owners that will purchase our home and the B&B. We so appreciate your time and guidance.As Leslie pointed out in the meeting, it's probably a good time to update the code for existing B&Bs selling to new owners to somehow streamline the process as so much of the application forms don't apply to current structures. There have been NO foot print changes made to our home since it was built. Parking for 5 cars for guests are available and two garages+additional parking for owners/visitors by the garage. We have tried our very best to provide all the details requested and fill out the forms,again many of i which don't apply to an existing building with no construction planned. Included please find: -Application for Special Exception Form We were advised to submit a 'joint application'with us Darolyn and Christopher Augusta (current owners)to Cristina Ilia (new owner scheduled to close on or around January 31, 2019).Application is notarized by our bank representative. - -Project Description Form -Questionnaire for Filing with ZBA Application -Agricultural Data Form -Short EAF form -Transactional Disclosure Form Along with copies of the CO/Deed/Town Property Card/Town of Southold Bed and Breakfast Operating Permit(new inspection scheduled for 2019)and a current photo. I ,r AcECEIVED 12-5 Cristina Ilia,the new owner will provide a "sworn affidavit"to the ZBA agdJ 1'�I fq ft&BR yitt�rprr�cL f of residency after closing within a time frame directed by the Town.She understands this could include Voter Registration/Drivers License etc. Cristina will live at the property and operate the Inn,and will eventually be joined by her daughter, Ursula Sala-Ilia.They will be tremendous new additions to our beautiful community.Cristina actually discovered us as a guest of the Inn! Leslie has included us on the January calendar of the ZBA.We can follow up with any needed information to ensure a smooth transition. Contact us anytime at 631.495.0904. Darolyn Augusta l Christo Augusta BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O�C�QF SU(/jifol0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. ;41 • �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento Uf Southold,NY 11971 wllI � C _ )L i e http://southoldtownny.gov O �� �" Coed � �ss ZONING BOARD OF APPEALS 04 ` s Firp S TOWN OF SOUTHOLD 0® Py tilt l�l��cva�(' tvl Tel.(631)765-1809•Fax(631)765-9064 October 31, 2018 (���0 IV a Cl- e-°)qv Darolyn Augusta V 40300 Main Road Peconic,NY 11958 Re: Accessory Bed and Breakfast Application(Harvest Inn) Dear Ms. Augusta : After reviewing your application submission for a Bed and Breakfast the following was found to be deficient : • Agricultural Data Statement needs to be filled out. The subject property is within 500' of Agricultural District properties. The properties within the limits are 86-1- 15, 85-2-9.2 and 85-3-11.2. Please visit the Tax Assessor's Office for the physical addresses to those tax maps and list them on the AG form. • Transactional Data Form : New proposed owner needs to fill one out as well. • Photos : Need to include photographs of the interior of the dwelling showing all bedrooms etc. Provide forms of documented proof of full time occupancy (for the Augusta's) i.e. voter registration, utility bills, driver's license, STAR exemption,NYS tax return. • Survey needs to show parking areas : two owner spaces, one space for each B&B bedroom. • House plans : Need to identify designated B&B bedrooms/bathrooms, owner's bedroom/bathroom, rooms labeled for private use and B&B public use. Pursuant to our conversation, I researched the fee schedules in prior years to see if it was ever $400. A research has shown the fees in the 90's was $150 with an increase to $250 and then later increased to $750 where it still holds at the present time. In your letter you mentioned that you will be going to your storage unit to look for your original application, ZBA decision and approval from the Town for your B&B permit under the Augusta ownership. Please when located submit to the office so we can continue with the process. If you have any questions,please feel free to call at any time. Very truly yours, taI -belh Sakarellos lerk/Typist Fuentes, Kim From: Harvest Inn <info@harvestinnbandb.com> Sent: Tuesday, February 05, 2019 11:19 AM To: Fuentes, Kim Subject: Fwd: Harvest Inn Permit Sorry Kim...resending! From: info kharvestinnbandb.com Date: February 5, 2019 at 11:16:24 AM EST To: kim.fuentes a,town.southold.us.ny Cc: bill.duffy_@town.southold.ny.us Subject: Harvest Inn Permit Good morning Kim, We looked at the Agenda for Thursday's ZBA meeting after dropping off the new contracts to you/Leslie and Bill Duffy. There is no scheduled time for the permit during the `hearings' portion. So we are unclear what to do. Bill wasn't sure if we needed to attend. Can you please advise? And if not, what is the process or next steps? Thank you. Darolyn and Christopher Augusta The Harvest Inn www.harvestinnbandb.com (631) 765-9412 i Fuentes, Kim - - From: Harvest Inn <info@harvestinnbandb.com> ✓,�� j� Sent: Thursday, January 17, 2019 2:05 PM To: Fuentes, Kim; Sakarellos, Elizabeth ®,9 '' Subject: Harvest Inn B&B Permit-40300 Main Road, Peconic Hello again Kim and Elizabeth, We believe that we have addressed all the questions presented, related to the B&B permit for The Harvest Inn,with one exception as relates to the CO in the basement. After meetings with two architects, builders and numerous discussions with Damon Rallis and others at the Town Building Department,we arrived at two options to present to the Buyers: -Remove the walls that the original owners,the Como's built in the basement to return the lower level to the current CO. OR -Submit paperwork for a new CO, and a building permit to update the CO. Our Buyers have decided on the first option, as they have no need for the basement area except for storage.We have already accepted a quote of$3000 to have the demolition completed. We have done a tremendous amount of work to make sure that we have all the details to you before the Town ZBA Meeting tonight. Again, we respectfully request that you approve the B&B Permit to the buyers so that they can close on January 31.We didn't have the opportunity to talk with Bill Duffy, as you had suggested Kim. But in the end, one of the contingencies of sale of the property is based on the B&B Permit being provided to the Buyer.We can't close without it. So, an updated timeline would be that within 60 days (vs 90)the basement will be consistent with the current CO and that the Buyers will provide a copy of the deed and their proof of residency.With those conditions we are hopeful that the B&B permit can be granted. Please let us'know if you need anything else prior to this evenings meeting. Christopher Augusta From: Harvest Inn Sent:Tuesday,January 15, 2019 1:36 PM To: 'Fuentes, Kim'<kimf@southoldtownnv.gov>; 'Sakarellos, Elizabeth' <elizabeth.sakarellos@town.southold.nv.us> Subject: Harvest Inn B&B Permit Hello Kim, I'm so glad you decided to join us when I was having my discussion with Elizabeth. Really appreciate it. In any event, to reiterate...after conversations with Cristina Illa (our buyer) there is no issue related to the current Certificate of Occupancy(six (6) bedrooms one (1) den/study).The Master Bedroom is huge as you can see on the floor plans, with large space and light.All good.The buyers are going to figure out future construction, and changes after 1 living here for a bit as we already shared.They are good people that have been provided great contacts with the Town Building Department.They want to do everything above board and legally, as do we. We are submitting paperwork tomorrow morning with the town building department requesting an amended CO,to address the issues of the ZBA. We are respectfully requesting that the board grant the B&B permit to Cristina with the condition that the required work be completed within ninety (90) days, with an obvious inspection to confirm. We are letting our buyers know that there is no need to attend the meeting on Thursday however someone from The Harvest Inn will be in attendance. If there is anything else required to ensure a successful conclusion please advise. And of course, please share this email with all ZBA Board Members. Thank you again, Christopher Augusta z rn of Southold P.O Box 1179 _ Southold, NY 11971 * * * RECEIPT * * * Date: 11/14/18 Receipt#: 249699 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7257SE $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#4016 $750.00 Augusta, Darolyn & Christopher Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Augusta, Darolyn &Christopher 40300 Main Road Peconic, NY 11958 Clerk ID: JENNIFER Internal ID-7257SE ELIZABETH A.NEVILLE,MMC ®� ® Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER ,j. ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� �,� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUT14OLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: November 14, 2018 RE: Zoning Appeal No. 7257SE Transmitted herewith is Zoning Appeals No. 7257SE for Darolyn & Christopher Augusta: The Application to the Southold Town Zoning Board of Appeals ,,/Applicant's Project Description Questionnaire Agricultural Data Statement ,Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization �Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- 6&A tw +o &e-Wc— iol2 gltr C,.c .l c„� +0 2819 1012SIllc + Sworn Copy of Deed(s) Building Permit(s) Z Property Record Card(s) Survey/Site Plan Maps- Drawings �Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) ,r Misc. Paperwork- AcK.haw 14. A t4u a,�ivvs l.�c.ev�g�, vo+e+r 1w�orw..G�or. February 1, 2019 U 2019 To: Bill Duffy Re:The B&B Permit for The Harvest Inn Copy to: Leslie Kanes Weisman Bill, Thank you for your time on Wednesday,we appreciate your insight. Attached are the new contracts of sale for our property. Per your suggestion,we are dropping off copies for you and Leslie. The new documents reflect the purchase,without the LLC that our Buyer's CPA and Attorney recommended (without knowledge of the Town Code). Once our Buyer's lender suggested this approach for a residential loan in a residentially zoned area-which seemed to sync with the Town,we reacted quickly. Please let us know if Cristina and Ursula need to head east for the meeting next week.And obviously, if there is anything else you need from us to hopefully work towards a mid-February closing, please let us know. Thank you, Darolyn and Christopher Augusta aaraar,weo,rea+asrs:„twin Jointly prepared by the Rea:jp4aty Sxtbn of the New York S1Gore BarAssoctaifom the New York S(ife!end Tole Anociatmn,the � Cotnnthtm on Real property Law ofike Association of the Bar of the Clay of New York and the Comminee on Real Property Law ofth /I ` a/ New York CounyLowyers-Awocladorc °� I .7 WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5.702 OF THE GENERAL OBLIGATIONS LAW('PLAIN LANGUAGE-). CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire:,or other casualty loss or condemnation before the title closing. Unless differentpmvision l made in this cootrack Section 5-131 I oftere General Obligations Law will apply.One part of that law makcs a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Residential Contract of Sale Contract of$tile made as of T)eC� 115 9C-4 9' BETWEEN Christopher Augusta and Darolyn Augusta Address: 40300 Main RoadlRoute 25,Peconic,New York 11958 Social Security NumbedFed.I.D.No(s): hereinafter celled"SsDen"and Ctistum Ilia,Ursula Sala-Ilia and Xavier Salt-I-Martin,each having an address at clo Cooperman Lester Miller Carus LLP, 1129 Northern Blvd,Suite 402,Manhasset,NY 11030 Social Security Number/Fed.I.D.No(s): hereinafter called"Purchaser". The parties hereby agree as follows: 1. Seller shall sell and convoy and Purchaser aball purchase the propary,together with all buildings and impmvem arts thereon (collectively the"Premises%more fully described on a se pmate page msticcd'Schedule A',amexed haft and made a pan heroof and also known as: Street Address: 40300 Main Road/Route 25,Peennic,New York 11958 PREMISES: Tax Map Designation:District 1000,Suction 086.00,Block 04.00.Lot 001.0% Together with Sellers ownen ip and rights.if any,to land lying in the bad of any sired or highway,opened or proposed,adjoining she Premises to the cater line thereof,including any right of Sedlc to my unpaid award by reason of any Wang by condemnation and/or for any damage to the Premises by reason of elhenge of grade of army street of highway.Seller ihaU deliver at aho additional rest te Poichaser. at Closing(as hereinafter defined).or tlrereeRer,ere demand any doeamenb that Purchaser tray reasonably requite for the wnveyanc of such fide and the assignment and collection of such award or damages. 2. This sale also includes till fixtures and articles of pasond property now attached or appurtenant to the Premises,iwlesa specifically excluded below. Seller tepraents and warrants that at Closing they will be paid far and owned by Seller,five and char of all hens and encumbrances,except any existing mortgage to which this ado may be subject They inhale,but ace not limited to,plumbing,heating, lighting tad ewoldng Bx4ues,chandelier,bathroom tad kita:hen cahicls and ex+amters,mantel,ekror enitrora,switch pinta and door PERSONAL hardware.ventdim blinder,window trexonentt,shades,screens,attvnings,cram widows,atom►doom,window ho:ea,mail box TV PROPERTY:' ,wpther vane flagpole,Pampa �rublxry, S.outdoor statuary.tool shed,dishwasher washing machine.clothes dryer. gatbrge disposal unit,range,ovon,bm7t-m microwave Dues,refrigantor.fisr�.dr eondidoa>ag aluipment a�inatallatioas,wall to wall carpeting,eamtsrity system end bulb-ma not marclerded below(stake nett beappdicable tram+). ALL IN "AS IS"CONDITION and AS PRESENTLY EXISTING IN THE PREMISES Excluded from this axle are finaiture and household fimmmshings and 3. The purchase price is And shall be payable as follows: (a)on the signing of this eommeL by Putehaser's good check payable to the Eecrowea(as hmsinaRea defined),subject to collection,the receipt ofwhich is hereby acknowledged, to be held in escrow puratent to paragraph 6 of this contract(the"Downpayment"). 0900 PURCHASE (b)by allowa»oe for the principal amount unpaid on the existing mortgage on the date PRICE. baoo�payment of whtdt Potrhasci shall assumcby joinder in the dcc S-0- e sellers bySe Seller's al Concession:Purchase Vice has been increased by an eminent equal to th S (d)balance at Closing in accordance with paragraph 7: 4. obib EXLTMG MORTGAGE: pay d1M;;iW6-- p— Blow ;klwaaaw mom PuacHME MONEY MORWAOE cell I dill lid a pU ` rl 6. (a)Shca's adonsay(T*aowae')shall hold tie Dowmprmext in OWN k a segt�beck wcou ild Slgmaae Sat.e lamed a M Siama Aveam%Gerdes C1y.NY 1ISM ontil� k ooe ffi Or mock of this roams ad:ba pay era or apply tie ranpa)Do meat in ttocord&noe With dse terns oft&pmsgmgeh.swa vie stall hold the Dower k s(a) liON i wjw- barlog acootet tar tba band h of the Pardee if hawm h held tbsr the beams of tie Prth a del[ha paM to We pped�yy emiil d to ten DoWnpanmaxaod tloepsrtyreratviregdha iatereddnii paysayiaoaaotarma theoeam.I[hnler�est is nattxldibe'the 19aafieaftkepartla, XYMAv►rM die DwAnPUMCAL dmil be placed in u IOLA aoeomd or as admulise permitted or raquied by low. lie!�bd San*err Fad�eraali uF.sxaow. m&abas of the pastes shall be flame to t'saowca upon megeea. Al C�aft dw t� be p�by emuwes m Sailer, if fx cry:emcee C dace not occur cad�party giros ltoUr>e(as definedh p 25)to Fsaowee �QayioMit deice Dovrrryaytsiem 6sksowetsdtait gik psou�t idsotka m sloe otlearparty of:cell nlrsmmd. I PserowEe dace cot reeve ilahce*f a%ccdm Potfm well al6er pup'to ttta ptopesed W&M Ill butdatas do"teller We Qivlat of such idott«. tisaoaree h ieaaby ataharimd cad dittoed m eterdte amh p�met if Et0own does romlre such Noducef elgedioo aridtin such to dry petind«iffarany other rh*son 6saowae m load 6G6*hail clot cot b endee saoh payaua4l WmWW*A coatkese to hold Mich udil edrurriae hIIenxied by l�setict 6om elw patio m reds osrw&rt«afhai.noaappnHblal�mau,oadar ardaaaa afa Bann. am hesalfider. ilovravQ Bsaoht�aa�a9 tmhve diamrpiaatavy limo m deposit lieu sad Uoa paatest dmeCea v�b eha clef ofaeoan 9a tlro k ao� e vrglt die egms of tits par�ap6.F.saoWae be uR.iievtd cad discEumaed off titiaiu abligetioas and o � ¢ bt tou eumva is actng snk as a ndzhoft at thr mpma sed Br dmt eo—Wes s that o nEurw a obl,ebeapmy for Mips eel or omission on IN Pet atdesa table cralilbod to bd6Rh«ia vdRIW divegard of this contract or' t w the�,�t of Esemwee. Seller cad Pw laser cad nywily(whh right of caMdbatton)tW t @Y ail unp felled by pSanWee),iadam*and(told Bsaowa}dm from and WIM all eom. elaias and e> a ctadesrltmg rmonabte adomeysf fees)Insured la eomteeliat with eks pasRttnwwe of fisaosva's denies buseuodri, oxapt whh vespea to amkas«amisHons tdkcu«sndFmed by Faeowee In bad bM or to willful dbregad of lbis*Mow or larohrieg on eke part of Esaowee. �(c)Eswam may actor mdh&Rosa left in eespea of airy utter re8sred w herein in full r di amu Van and wb the advice of caamsel While may be selected by it(bWWiug any member of s Iran)and shall he MY praiected in so ecftor refulniag tine agiom ogee the acute:of such wlecounsel. (d)Bsmomrec aelwowledgas raodpt �� �orPV by ChPA Mibjed to Collection and E ee wow 's avement tothe pmvaioes of chic paragraph by plc in Ute ptm indieuad an 110 s kuld0e page afthh eDWOot. (a)HMwea or any member of lea firm shall be PCORMW to act as cauffld for Seller in arty dispute as to tlta dbbwsmxmi of the Dawapsyment or say o6er d{apute between the palfes whet)ec or wt Esmom is In poacnion of the Downpilyraatt tend amtitaws to eel MEaaowee. ((I'lice Pay whose enraraey is awnwes shall be tia6le fir tars of ehc Doungaymeo6 Y. All motmy payable wider Ibis tarltraet, adtzrtvita spat0ed.shag be pall W (*)Cask but mat ova sl 000dio; (b)Good mtifod check of Fnaa6asw dtawn am or otlidd ehodk laws!d by anY bank MvhWWAk VO ewhpaay at smrirogs and loan a>a ociadon haft a backlog*Rice in de She of thw Yodt,haumdorsed and payabk to die aria of Sober,or ter Soler may ACCEPTABLE tuhawive&mdupoatPmaahkprfaraotia(bYtekpioae«aehnais�mPukdrasar, FUNDS: (c)st y other dam rice FUCI se Via payabia to Sdkr at ao*%mwerNed deeds of Putda�erg to lbo amount of $ao (d)As omawi t&grad lain by Shcaor Shce's attorney. e ( P +Ir' kobda Forespfmtuff sm Notes 00MD"SWl�ammitmeatbatingaar.YC�) (a)The ohUgadon of paechasc m Mid=undadeh naoeiraet h MaMoned upon ismmov,on or hsfine 4.S days aft a fully aattuled copy of this contract is given to Ptaehasx«Phadw+hels attorney it due manna an tlulh in pamgWh aS«snbpm+egreph 8Q) (lbs'Commitment D=11 ofa Written omumimemt Bom as iastitwior d Leader pcmeMit to which such luuitudoaat lender agroes to make is Mg.martpp loam,odw acme a VA.FM«otlar govsmmau lIly Imo red team,to P&Vh sa,at pmehase's sok cast and axpeose,of lie for a tam of sr last W yew(or with lesser sum or dsa to tam m Pmtm w shall be Wi11ihhg m ac¢{d)as the Meet,owe pevdit fitead or**udAc rat of ihacrnt sad on Odw etusmtemry,cwmiltment tame tale•Cotrhhl edw,% To die extent a MORTO attott Caaunhetatt h csn�ttmrod om oho Sala of P�xdsm s current boma payer of any a kfl dl%K mo manaht ed"m ehmP in CONttius5te" pmekasa's t eondilm or spy odic ri toadktioas.Pnetmstr aeeepts eha risk dot such eaodMone say act be met, ihesYever,a eareditloaed oa t6a isaiibteaat fade`s appmavat of hha epptatsd sf Milk not tin lamed arCoramahaatt'hereunder idle antp�alad h apprnvoi(cad itdnd dos mot soar blame elm C*rakaitmant Data.Purdtasar may eaeed mods rn6par�ph 8(e) ua4l�lqp Conapiq t pee na aaleadad) lice mass oteU�ekas leehwada ate aced only an tsm asof a Comtadtmcm.Once a(aotemitmmt h ismtad.Puaehasa is!toted aederdo's eoh>emet tvehe iftbe hmdm fins or refhsaz ao Ifsod the lwa for My rums Phudutser shag(R ahhdm psom{n mppfatonm oneerr,lem+ a ,i(h) 4��ssa cad mauhersof Putdmsets gs kW-cad ions.(tv) po—sntdh m ObWA a Camadumt.Purdtaw shalt all si rapt'ofrho Coma4unmt prampayy o�ipt het aomte>Ne�t tiooepted by Pm�ar). QtaeoG mhmhska by Pradt—of tin apptlutka m a cmn pea bmkcr mgkttmd (a)( ► �� plumpt phmsmesu to Attica 1Z-0 of C6e Nkw Yoek! t.nw nude Mate&tea luesWleht► h�s>mett trandml eoadfdamsud tlotds a st�et�sph 1t(bJ(q.Pm� Lee").pdal[�oper�brpadiatltLaiA6tdatt�e8mtermob�aLbaaniaowttTaataadtimuaf I ardMsl (d)ff all hoairutianat i.andema m Whom epplieations was made ds ey sash appSolkrs is ptlorto like Coro iharat Dhaa, p mxy eased thh co drM by givb*Woftee drxoFto Salta,with a copy ofsueh daiuis,prevlded!tat Porch—hex complied with all its oblIptions under this paste aph S. (e)Ifuo CgmmcdU=U h;soul bf' Iasdml(onat i ads on or hefine lice Commdso:ast Data lime.asks Phtrciaser teas saxpted a writtat commitment ftra an(astiaAhmal Lander drat dos mot can&=to the tams at forth In cab p=Vvh Otte),Purchaw may hsaed this Wawa by giving Noft to Raga W"5 bhniotea drys aflu oho Commkmhmt Date pmvided dsatsoch Nolloe locluft die tame and oddrass efd a InstitudocM Lando(6)to whose apihiication eras made and that putdu szr bu Complied with all its obfiihdiom wider this P a8rapts E (Q If thh e o ah�ted Try Pardma ptsrshmst m icipmagm�M S(d)err(e),adt6er puny call t6aea0a tiara say furduu rlg6sa�,krsG arebkt�sarilebllhtat0.ehe*d►aby tnsssonofthiacoatmatt.otceptthathaDauropayateatsbaobepminpttyreiimdcd mPuohowand as sat fbahInpMWRb27. (S)HPa flRslogtrethndyTlodexofanomhdm«ifRerdusanex�lsaWti�ecrer 6001111M 11OWN81(.eader that dew not eaabrm to the calmer set to&is sabparaS 1, B(a).Ikea Pwdma dWI be deaaed to have eaivW Pwdmcds molt to camerbitotithuoetandmreuh3vea. a adofthoDownpaymadbyTemaaftheao cycontainedtothisp troa "& (b)uSdta6esteaivedaaapyafaamm�dheafliomaml>sttmalaatlLmdarahYhYtl Date, sdtarahayamaottYiataoteabYtd�fmt'0�rtait�s6uairerssdsysa�>baDataNklmtaoaEaaao dmR bmmaffacdvcvdmpWdwwddlvmsacWotvAOMUMRMWA to Salter WitEsht jobudugftsdegmCammkincra Dote. Alec arch MOCII tiose xddrer pargi ahaE Nava amy Rmtka rFghb taphmt,«ems«litdstHtiw to.tic atha dr teasam of this atooepttlutdieDawnpaymeateddl bel�+PtiY telhrdodtoPnredxsa(povidod Pardsesa6sstompifedwi>1isR 3a�ltt�atis oada dhh r pus om hand esmpt to mt faeti m Para don L (?1For phapasa ofetria eaamars,me tans Rnat t.sder^do menu*try boat,>sria{Sbank prhrata banira.tent oompmty. ssvfeo®and men asocistim 000 union ordmihr banirmt htsdtmtioo Wbetlta alpakod under the lass Offt aOM eke thud Staus rr,anr rrlr�araAr mrrl.e emhiino,�r,inhMY.,h Ikmwl M de,�nfRr+ln a!'AYw V.ui,v nw+hrd rw hM(`n.mctml4r� tell Cneeeaeq to thanes hmsohm In New York Sty igssuraaw mmpamy dab organized or licensed to do in WY Yak Stain: rya bmkw Doomed pnnrsark to Aunts 12-D ofthe Bamkhng few;and any h0 uatftllty aaatod fry the Ifa'tted Stara orntly swe ttadh lie posRs 10 maim ttnortdage loans. G)For pWptues afralbpanVapir e(1*Putchwar dull ba daea¢e'to haw bem Oven a fully a acuted copy of this waum m dw WMWANCEFOR Mdbahwftd@yibiioxdogtbodataofotiaryorTeWWseft poor gmpaKorirviasmalion Marble oremailia6. JNPAIDTAXW, 9. Tito Pttanisss rtmsoid laud eludl oohtatyad subjat la M: {a)7,oaingand rAdvidon laws mod repleitiaas,tad taotloark hbtork or we damb dedpaimt,provided that tnay ate not violated lW Or ptMCMM bydzexWogbaNdWzWhnpmvemmftcuftdsd&@PJGPNne ortbe r oog dse Famises abut it"AM (b ftrthe aat[oo daay ahuaDan aa,mhdsr ar elhove strcats on tshhelh (a �6mSmbutmad�due grow,road GWW=h upon-y suesatrl8 ar, (c)The atha manna ,harry.Ihncla fta aavcy exception.set f *in a Rider gmrlrod. to. (s)Sellaspat lywitbannosh ornmtonorvioistiaasofkenormmddpda aldersorret NIES=allied orWood asort6e daeofmgla b"16BY�m ham.� b •eviroamantil m� wattrrm a�nry to mseaa lddrsdose ema�s thda a unsung ShcvshaS Poretrr atith iay NCEPTM : f 1. (�Seller n�rcseets umd wutenm m Prtrtdhasor shall MIS Prcrdsm abet or bave a ftM orrno=to a public road: it Sell"b the sole*wow oreaftotka end bss due fall d&hk paw and amhortty to SdL convoy and hnster the some in uaccordance WM the terms ofthisco�aeh tpvhauatarn (ill)Seiler b tint a"f oilis perm',as do term is dello d for parpow of the Pom%n Itwatamt in Real ppro,�peern Tax Act, 'ICLATMMa AND IMerrhe!Revsnwe Coda rlftt�section 1445,tg nngsendod,and dcrn ttataasptoamtgptehl the ranadtr(oolloatvatY�FM?TA"k nnahfa:l: (,)The Pporni samnotablatedbyanyneraptiatmof8111Mmtsoftarts;sad (v Seller has boom known by no, tria a nose tbrthe past tea Yeanst,raox? ttbah (b)eta oovanP , mdwmnmtbavjlorftrepresmueonawwx.0 set fts in this mmuna shall be we and oorrea at Pfts,wATimm: (c asotkawinaxpn dysiesbrthin this contcaa,am .eofSeliceseovamvAr aodwsbli8 ens otarmiad in rlrls wolrael drall snevlcrc Cfosda8 i2_ Parakaw admowWdgu and mpfcmts diat Patctmw is"rouse ref the physeed condition and sate of repoir of the Premix andofallotherptaprty included in6tszalc6basedonFodrattesariamepeaian and love ipIlmovmmCsadgMPardmwheatatr4 Into thlo matrari bmad sotaly ups mat inspeaton mad iaeesfgatimr and not upon Any baIbramGm doM sty or reprasaatmiau, MMiMMMEMN as m Act pbysed eatddan.rtsaart r rap cast afopaatigm orADY odic atattor related m de Pmwtm or do othered ii►tie eta l ar n�by Safer n ea tepramaN.e;.sad toil rmgept ter aana'as!s'to fhcrprmac Gandhianinr anbjecttm personable nrs4 aear,verandasmraf daeriaatloobervroeo txdetetramrand�e damaft�OaLrg(aaeeptet latfh Ia ir5(rs)).> any raghhtxtatt fa eke Ptmdtase prim err dghfot of ray list for say cluape in sashsowortesaad upon rr�a{byte aotl>�uSdia,toimpl6e Prmrairafine t9o�n�g.a rtm rip}n,at Pot 13. Seller shall ghve and Pumhow"incept such title as asyRBPUrABLB NY TITLE CO.pdred by drill be willing to approve and%=in accordance with its standmd tam of tole poticy approved by the Now York$we Inm�t.subjca only to the aSetters provided fur in this mnbecL ld. (a)°Ciodall! Paremmto web o6ier dtisapu6srt.ineludin6thepayment of tfm purchase price to Sekr,and the delivery to Paadrisar ofa BAROAIN AND SALE DEED with arritatuas 201M garter ADS in aTrmtmry chat lbem fbr resort.duly mauled and mcime hedged.w its to mawY to Puxhnn fbo dmpto WOW ft Prenisa, lNa1RAB� Die stall eacmnbraaoes,except as ad owiw heroin anted.Thu deed suit owHamamm atby Schur required by subd S of Section 13 ofthe Liar Law. TFRV (b)i Seftisa corporation.itslafddfvcrmFtaahaserdtbetimeor (haresolrAWaofGaBoardofDitegonsmobazzrn8 Wd 32e102 ON Goats dww d.sad en uU rat Is is by tie�yo a requires Section 90 Drum rudm�Low. told sibr@r taps stmwhtg t1rN the tramik'b is ma(brmtty a+itlt thin tegtdtanrmts or5ealar 909 of ire ilmloe� Lew. CLAOMM. The dad Tn areh ass hdmll contain a r ocital saf cica to establish cahapltaue with that Sortbn- DM Arlo IS. Clods shalt tale plan ct ibo effim ofSelkes Ancrocy,a 10:00=deloek on or acorn Iatahr �2019.or,upon mice at am THE office of Lmedercttarre).isented within SuRalk Count'or Nnma Me Couay GRII&Paperq. 'F s� , 16. This eoatract a d Purdwe s obligutioo to purchase the Pets din arc ism subject to And wad }tinned upon the I to eat or the IM date of Closw&of tba ceprecenteriamAnd nrurood"of sells awe in da wmbact. (lr)Tb*ivrsybYSeftatoPuNkMGfawtidaodaabsiatia$CcrdffmteofUaatpaaoyoraherregtdradeadRmeorcomplimha, CLOS a DATE a evidarm*4 now wtl tlg h,4 wmfaigdo W;diog(s)mad A oflhe other imp[avemRtta bleared an We praPCty mandunE dne'v ANDPLACL tb-asa13W-flodly dwelling asdo data ardosing,. (o)Tha dcavary Sella to Pruduaaara eatfffesto stssttag do Sder a cam boolp pecans.wiieh tzrdiigmte:heff be is the fbtArl arearrirodbyFtRPfAorowisbltotdmgeatQaae6omtiel.RS Ksifk obtodavwtheafr>Rs Mcwdscdcorffpumhmer isnmoatd�deeedppgqmrderFIRPTAtorelyoasanc�attileftPurdwer hafddeduottmdTvithhotd6arathepru� w smegtnito15% CGHDFrKRG Imera Servtcemawt!l�#W bylaw)and shall at Cfmrag roa thest wfflftM To Ct osrtno: raa0mot arF�flee reap Poaas m! fatemel (d)The dc#M of We pmMl es and an inglOWS)and fmprovamenes c mnpdit a part d=W in broom dew=ndwon,vacant turd goo or lases orteaende4 together with keys to tiro Prima (e)ABplombbK reatadr�araler -dsaptmsyftaak%irary).imta$aadSir iraay.deetrieaierdtoednatcal eymwne"t eordnimy 1!n l�ui nQ(f)incased an its property sane au sPplfrmecri .re iaderdad in this sale baigg in vwridal;ordera ofthe date ofClasing and fro morshaD be free of leaks {f)ff da Ptarofw are a oon a two family Ronm dallmy by the pardmit d 0031ofaffidarfta to compliance with mu and cad lawrep tordevkeL o delivery ddw lr drect�afary Other dfid MWAmd Is emdiftOfmcanift ft doed 17 At Clodng cerfffsd Of atfidd batdr dmft 11110 IN to the ardor ANN opproplaw Statk OY a Csoory afflar in ore ammmt of �ry aPpl�ttabla teastw tnrtdfar reaaldir>Q tar Pyre ay moat of the rldivay or a at k of the dad or asrtygpx,if any.shall be delNiW bytioc"rogaked by last orby96 conteWto��tantakraadiaretoardimgmr,maGwvhidhtry rctpdredto mauru � sworn W6 ad W� aK � l 'w bt mddt ordcOch ad ap r veaodr% I& (a)TofhemaemaPPstatbk,flue Rgbwfo AAbeappardoned oaf~aftbmdaybebta the dtpt of—t�Osua- (i)tams. aftatgrx ad nearer reatr.art 0-bass nice sand ales period wMeh q )k2:D'IIRMiSpdt d vriaa+mtiaatet. M RECMD o f[ I m occur tut f" a nave tar tare is timed,the appordoameM of low shag be aeon fe bath of due tam rate ibr the 'Axss: latn>e tr>l,+prtxediag fi W paint sponed to the bur wed t ewdloo. (C)ff than a red'ot;m a dam sot more dells 30 days bdaa Goring and the �fimed tme w dtrgcaad sewer ttaD.(f ray.*M be apportioned m d a buts ofsmrth Iasi aagScy. (d)ffudataofCfi QtsFtmmlfas �0. ato lha tslradodbymata»smmttirkidrBatrmylhaoma matmmlbmnlinrmcs.and OR dte fund inatmota t fs then a flee.er tea been laid,tbm for the pmpoma of cis omm ell ire�fn ftents stall be emOtred ID OTHER do mod slrlf be pttdby Sdtaata Prior ( rATLR MiZF3l tleaa(30 du� mb*gra 'c s6*n or otba . all Ckft slap be widtia a�"MmAbia 40IMrALLMMIT 19. Sector tes de option to e>edt Forth w ms as egpneaent to tba prath=Price whit she:armoma oramy tatpaid mar.rhsaeamanb, ssMMbGRrrs: wgwdwmmd aewa reaso,amgartw wits any iwarmt and ptorakka dxxmn m a bats trot less titan five brainess fys INAW Qodag. povidNed tat o8idal iutr tiwelbr m add dsg era pradaad at CbSing- r 20. tat Closlag than are other liens or awuakja*=that serer is al lka W to pay or dbebarse.Sailer may use aq Portia►of the wsh balance of the purchase price to pay or discharge them,Provided Seller shag siaatitttewo+elq defiver 10 Pwdww at Cbsiag insinements In reaadable form and soli'idtatInsutsb's wit liars oreneanibteaasofr=4"itherivuh the cost ofrsomdmgorMhkt said but ments. As as altemativie Seller may dept A suWmkw monies whh the We Incamcg wmpa y anployed by Pea+duw aw"ble to and tee uhW by it to their diselmtgo,but only if the tick losurmme coOq)WY will inauaPtarhaseh title dear Of lee mattes or insert@"ping their cotbreematt out of the Premises and will in M Purc hosts irtadwilond Leader elm of with an deem Upon reason"prior ootke(by telephone or oiherwisa),Purdwer shalt pmvide sesFaratn cudfkd tr oilkW bank dwdis as wquesW to Insist is dealing up these atete M 21. (a)Ptgehess shall order an 6tamitUtdort elf tilt its«apaet of Ida Ptcn*m fiom a tide CORP"licensed a a"th0timc!to ism@ title tos�by dteNew Yolk State lnswsaw Depmsmen onrany appamfr such tkie Y pteatPdy ufierthe aaxxaioe Of"eanbact or,if ilds ODRIIT l is mid to the M�ggt condatg<my set U*in p�a�h g,after a a eom ht has been ac by Parehacer Pu dtauemisaacOpyoflhettlelgharle+�OfanyaddIitanslkrawtobeddm'vntdto the Quxo y(s)%rSellQpnm4Uy aRer taa.ipe thaast @)(�Teat the dam ofClos»hg Se9a is tiecile to ttans0ir title to Pmdreenr is atsxlydarhu with this e:onuscL or Pesebaser has alien vaiidgro�atdetarra6niregtodos0.aledbarbytatteoaofliea.ens orottu7to ftorAnaaisis(betekteoll et(vely ens d '). s kr I lhadn arpraTly ,e vewhaatedy a WFouc mer ahafisialt be have to wdvo the some hmd tD dosz this mdtloutabateraem ofthepwd�pritet,dreg,exoeept a haebaBer set tbrth,SCEerdnall lmtre the dglhb m Se lkfs sole ekxdan,either a eke such Baiter msiy eketn adviszble ro remove;trmdy.,disftp or awaply with such TITLEDefctls fo exaxd®is 000traet;(67 If Seger sleds ro take aaton w toomve,rttaedy a atapiy with soar Defies.Seller sand be P.xan1NAT10NS, exteid�ftom unit w theist,Opon NoNee bit Patehast;m ae(joum thedre fbr tag baahnda far a period ar periods not exceeding 60 days in the (but mist mewed ing beyond the dde repo%uddeh Purdravnrs aommiteeatt,itaenr,shah mipbo),and the Sty doe Inn be ae�ou ned to a dais Wdfud by Seiler aor.beyond suet period !f for ashy tusoa w6usoevc,Sol dell not INA4I6It1'Te) have intaaaviogremedYkgorwmPly[agwtthsaahDefetaffitheexpnatlmtofsireltadjotgtu (a�atdifPwdosershali Colmir, still he tramllmg w vrafve Bet name and to dos retie srUhonL abatemert of the pate o tlteo eiBts petty tt�r eautai tliis conaaa by Notoa to die other given wMiri 10 days nftw=cb a*unted dt t% Atoll tlac- the adshrtg marcrA a(wiles GisettATtoms op this We is subhj�ect to dbe wine)and any irmitur en tted by Sailer aftsthe dde hereof steed be rclamd=or odwrwiso awed by LIAett.mr: ShcsatuprCwloCletsRig (t)if dhia esfiihast In etaneahbl putsnnn w its terms,other than m:a rewR of Pardmsea'St t[efaWt,this tbnuacl shall texarinate end come b en cad,wad teaitltes potty shell have anq limber eft oWigsaotan m ltahilisla ttgthiad err to this caber basaaoder os Wltdtvhsq e>ooept that;(i)gdFar aitall Promptly refund or ante the Fsoowee to reibnd the O�apaymmit to Phwdmsa and,unless®cdlai as a aproptofplesd�iboaaldnelgeerichQnereatavat, Y� Facurredby ,fortgideoatg rxktiingsawvny of tbt Prernisea a ofaaaw survey.end(a)the etbSgtalmts mddpategaPh 27 shall survive the tamitmtioa of rf»s coabad. 22 lea tiaa txamitm60ti disdasts jtidgmetits,beniaaptdes oreuher tetttrths againa pemm hmviog masers thesnme a ersirtdhsrto that of Seller,Seller shill ddhw as aflidwh at Closing shaming dial trey are lent ogaiart Seiler. 23. (a)if Purdhassr willfnfly dad uAb beramder.Shckes wle remedy shall be to racdw and rt ten the Dowapaymett as liquidated demapw,[I b ftehgreed that Sdkfs dmrta&es in cmaf Pindm :03 detitult mighlbe Impossible to a ainaad that the Du=PWn=t cons Wes a filr and tenactubk mroant ofthmaa2 under the clndmtdenas turd Is rat a pecaky. AFFIDWttASTO (b)if Shcs defiutb hereunder.Pm'dmsw shali have suds temadles eB Pmchdss tint]be endued w at lair or in equity.Including )OOGrds M but not MAW to,gedfic paformmtea DANKRIPICIM 24. All money paid on wet t of this coafta and the reasonable expenses ofe=Oi»dion of tick to the I mmbes and of any Solvay atC: and Survey bupccfim dmgc%me hereby made dens on the P mmises,but such taxis du11 not,cotow aft&Ault by Purchaser under 7eFMa.TSAHD this emhmeeI ZtsJi mim 2S. Any notice or cult cweom icalloa CNinkd)shall be in siwitiag and either(a)srnt by albs of the putles hucto or by ulcer xspeaive adomeys who Ire:hereby tmtbcw ecd to do w on their bdwr or by the Bsxowrr.by st:&aW or certified rwi7,pe>stege FqMK or Pundk4fxf 8 (b)de kwW in pessoa or by ovanight courim with htceiptadmoakdged,w the relative addresses;given in ibis mntma for the and do Ewmw n to when%do Notice is to bit given,or to wait ether addsess as sseh paa{y or Pswwee shall keresfter designate Ltau: Notke glven to dmotlar pmW or pntiea and the E=awee pasuam to this Pmagmpk 6acb Natim unDA shall ba danced given on tbathireel btWamdayfatluning ftclaccofmaffingthesome,arsWiirgattynnotieaioEnrowee shall bedeaard given only upon aeeeipt by 6=0was cad aaah NNa4i c dtavered in pm m or by ovanighi courier"I be deemed given when deGvaIed,ar NOTICES: (e)with respect In,posegaph 7(b)orp�r�b 21X some by lint to camel a Ba past ft atlomw Bub Notlee by fax shaft be cheated given whah um:a&sin n is caaBrmod by the smdu's fmt nwrhinc.A copy ofeadtNoft ssn to o"sW also bewit to the Imty's Thestlomegs(ter the parthw ate hereby wA oriel to give and twelve as 6elnlf of their clients all batten and delivesiM or This eonun d way be delivered w provided abwm or by ord'mey oWL 26. This contract aM not be esdgaed by Purchaser without Ute Prig wrdtm tonsau of Sdkr in cub iasrmua and any Pwpoeted mig nment(s)mule whbwA sixh consent shall be vold.Notwi istandIMPumbasm may assign this eoa raet 150 an entity In whkb Purdnaamra bare a myeeity Intsreat 77. Sailer and pod""act rquoseets and w mmm to die odor that ft has rout dealt with any broker inomneesfah with this sale other i MI:No BROKERS- Clkokcr'wad Sailer dell pity Broker any cunmission atwd pu sunat w a sopareete agtewsw brtwew Saga and Brober.Sailer and Panrheurslall indmanl$raudelaCatdeadhatiwegaiasteay<oas,dafmsmtdocpoe�iodadiatr�attbieaaameys'fae;aisiagout orftbmachonttwfapecdwpsmoflKlyrcpmscataumorngfcmmmamtaimdmihispuagmpb.'the pwisiow of tbts peragiaph NO Assr6ttl i shell=miva Clang err,if(Yo ftdoesat o ocw.d e mmins im cf fhb roatsoct 2R (a)AU prig imdas ageaaeacs,rep<awelco as and wartsmict6 oral or vahta4 boweat Stiller and Pmtfiuer arc merged in this oamraC keaompteoiy lieu fiat agpecauM wad has been aenred iea after fbll hnvesiigacbat,neirber party relying upon BaoK>m: any sub aae MWO by asyc"dam dM is notsrt 66m�tthh in this e>aaaw (b)Neither 9ft eannnae3 ear say pmvidaa dweaf bee waived.ehgMW W011000111ed except in writing Th s eaataa shalt also apply w and bind the bei% sspi vM wsee sor s and pumille l n s%as of Ike r psrtits The Duties Ii�byamboria dttk rapoostve tmomeys to ado m vrrttog weary eanga to dams sad Ibaa ptaiods pmrtdedmtbr b tbh eoattaa (o)Ashy wood err terra hsein shall Ow bo reed as in do plural m+d the ataeer slug Include the masailine and Ibwioine grnda,whmtra rite seam ofthis ex >enY nagaiee IL (d)The taptloihs in this eettuwt 4t for taoehvdttsnoe of refextxtex�sad hh ro way tleHney ibnk or describe the scope of this ul cmitrea tstd slmB slot be aOoslOer®l is the itttapraation of ibis eanhacl ere wry psm lsion haeoL (e)This Oortusst abaR rot bit binding a ere mil duty meeatod mad deRarp+ed by Sens wed PnRitatrz (�stets.Ird Parcaser dmfl tt>caply tntb IItC re�ortiog regndremems ifeppNeabht:Tb;s Stibps>�h rum starhve mstru g (g)&m6 pttgslmli,stony tirtmaatd from ttattatree.mc�uaa asimowledgewheaveppZopritKeradddrverauil Gntherinaaumtnt: wad detalohaaaaad elm toads tghs tx6en az msyba rcroOtmbbr htxpte>ad by dteettlier in wdttto arty Otis Utu bteamd purpose of this mmeea This sdbpatagcapb shall avavlvo Closbtg {4)lbls entice ho pitatded for me ex tr�(t of�e pmtks hallo trod,uoalst asotbetw+ho etpresty provided herein,shall not be to the b=cM 4 and tuft not easate my tight itr,or be®tbtaabk by.may other piasoo or ectow. (D Ifsppticabf;aim oomP(att and Nlbr moexutod disclosure of Inlbrmation as lead based palm emdlbr tees-bared pehbm bwmrds is atnched ha%*and malt a part heroaL a IN Irso bJ►ti�Dsl�l�A°' cYdtlor� [kdaBUrW. ' AKt Wy JDr PnVb"M phis#IL LIs+*ftll. Ban au lml�Addmm- ytit.r fSe'.LL! - Ibd 1 29NwBemDQvkvA d—ftb4OR 101 bQosoLaadlto�8-8aioo 3 Hwppawp,AiawYai�11768 %N wYast11030 7W.014245400 lose(b31)J4d-7714 1[O(116)36361400 cost. �� �baa1� �����irlrfalwa cONmer OF SALE sscrm)N BX= Lr COUNrYC O1iTOWN 6'Pawr ADOliM 8N 11kpOf��A�seldfMt�r Ctas9Aee>RlCtea>t QYaar a I IN WITNESS W ERWY.Otlemmmbwbanday--brthaFulasheaa cki-oawv.4. sakr �!Ckrs Rd lcrr?— cg y��r_ t RaMyw AKwa Lil+ Um6tW8 8k nolowzm-h 11ea'Ivu� AIloraer far Salbr. Auenwr br PoreWcr. Joka R L7adL E% HA—Carta,Em Jolla R LsacIL PG S !Lea"IUBkr Cart_t Addrcsl: Adanaa: 201 A(araw Road—Sidle 3 1139 NWImm Soderard—Suite 402 bra.NcwYotk)17$S mmumcl.MirYmt 11030 tel:0102404M ru(6311542.7714 Tc(:(S16)363.1400t%L tx 110 Eaaomw accdp`wm. .mm i,�,e mtrryydd�r� pammadpa�gpAb�.r CONTRACT OF UU TO. PR Es SEMON BLOCK LOT COLWY ORTMN _ STREETADDRESS Sm IAW Pftrjbr Nwo aa Mo~Cbw=AwmCoNfttm7char RIDER TO CONTRACT OF SALE DATED .-D 2C, 19� BETWEEN CHRISTOPHER AUGUSTA and DAROLYN AUGUSTA,AS SELLERS AND CRISTINA ILLA,URSULA SALA-ILLA AND XAVIER SALA-I-MARTIN,AS PURCHASERS premises: 40300 Main Road,Peconic,NY Notwithstanding any terms of the printed contract of sale to the contrary,it is understood and agreed between the parties as follows: l. If any provision of this Rider shall conflict with any printed provision of this contract, the provision of this Rider shall control. 2. Said premises are sold and are to be conveyed subject to: (a) Any state of facts an accurate survey would show provided same do not render title unmarketable. (b) Utility easements,conditions,reservations,covenants,restrictions and agreements established or of record,building restrictions and regulations,zoning,if any,of the Village,City, Town or County in which premises are situated,provided none of the foregoing are violated by existing structures. (c) In the event there exists any additions or improvements to the premises which violate covenants and restrictions,the existence of such violation of the covenants and restrictions shall not be deemed an objection to title provided a title company will insure that said additions or improvements may remain in their present location as long as the same shall stand. (d) Encroachments and variations between record lines and fences,walls,hedges, curbs,shrubs,driveways and sidewalks less than one foot shall not be deemed an objection to title, provided same do not render title unmarketable. 3. Except for the personal property which is transferred with this transaction, Seller to deliver the premises vacant and broom clean on date of closing. 4. Purchaser represents and warrants that Purchaser did not consult with any brokers with regard to this transaction and that no brokers negotiated this transaction and Purchaser agrees to indemnify and save harmless the Sellers herein of any and all liability,expense,loss,costs or damages,including,without limitation,fees and disbursements of counsel incurred by the Sellers in any action or proceeding between Purchaser and Sellers or between the Sellers and any third party or otherwise that may arise by reason of any brokerage claims or demands by reason of Purchaser's acts and make this covenant as an express inducement to the Sellers,intending that the Sellers shall rely thereon in making this sale. This covenant and representation is irrevocable and shall survive the delivery of the deed. 5. Purchaser agrees to cause to be ordered a title examination of the subject premises within five(5)business days of receipt by Purchaser's attorney of a fully executed contract. 1 6. Purchaser agrees to deliver to the attorney for the Sellers at least thirty(30)days before closing of title a written notice specifying any defects,encumbrances,encroachments,etc.,not expressly consented to by the Purchaser and which renders the Sellers'title unmarketable and to forward promptly to the Sellers' attorney all information received with respect thereto,provided, however,that delivery of the title reports shall be deemed sufficient notice of any title issues or objections. Purchaser further agrees to promptly deliver to the attorney for Sellers a copy of the title report when received. 7. It is specifically understood and agreed that this contract is a single,indivisible contract, and that delivery and acceptance of the deed shall be deemed full performance and discharge of every agreement and obligation on the part of the Sellers,except those,if any,which are specifically stated to survive delivery of the Deed. 8. The parties mutually agree that all right,title,and interest of the Sellers and grantor in and to any and all personal property included in this sale shall be deemed transferred or conveyed to the Purchaser under the deed to be delivered,but that no part of the purchase price shall be deemed to have been paid by the Purchaser for the same. 9. (a) If the Purchaser defaults or fails to carry out any of the provisions of this contract, that are Purchaser's obligations to carry out,the Sellers can elect to cancel the same and ten (10)days after mailing written notice of such election to the Purchaser at his last known address and to Purchaser's attorney,or personal delivery of such notice,this contract shall become void and of no effect,and that the Sellers shall retain all monies paid thereunder as liquidated damages,subject to the provisions of Section 6 of the printed form of this Contract,the same as if this contract had never been made,unless after receiving Seller's notice,Purchaser cures or takes substantial steps to cure the default within ten(10)days of receiving such notice. (b) The parties agree that if the closing shall fail to take place by reason of Purchaser's default,the damages sustained by Sellers,while substantial,will be difficult or impossible to compute. Accordingly,the parties agree that,in the event of such default by Purchaser,Sellers shall have the right to retain the down payment paid on the signing of this Contract of Sale as liquidated damages. 10. Sellers represent that at the closing of title the plumbing,heating,and electrical systems, and appliances,in the dwelling house,included in this sale,will be in working order and the roof on the dwelling house free of leaks. Notwithstanding the foregoing,in no event shall the Sellers be required to expend more than$200.00 to repair any one appliance. In that event Purchaser will accept a credit at closing in the amount of$200.00. 11. The Purchaser shall have the right to inspect the premises within forty-eight(48)hours prior to the,actual date of title closing at a reasonable time and upon prior notice to Sellers. 12. In the event that there should appear any violations of record required to be removed by the Sellers hereunder estimated to cost more than$2,500.00 to remove,the Sellers shall have the option of either removing such violations or canceling this contract and returning to the 2 Purchaser the deposit paid hereunder plus net title company charges,if any incurred,and thereupon the liabilities;of the parties shall cease and terminate unless the Purchaser elects to take title subject to such violations with a credit to the purchase price of$2,500.00. 13. In the event that a check given as down payment is dishonored for any reason by the bank upon which it is drawn,except for Sellers' attorney's faulty endorsement,Sellers,in addition to any other rights or remedies they may have,may terminate this contract and Sellers shall be relieved and released from all obligations hereunder,provided Sellers give notice to Purchasers of such dishonored check and give Purchasers five(5)days to provide a replacement check by official bank check. 14. (a) Sellers may extend the time for Purchaser to obtain a mortgage commitment for an additional 30 days. In the event Sellers elect to extend Purchaser's time to obtain the mortgage commitment,then the Purchaser is obligated and bound by such additional time. If the mortgage commitment is issued before any party cancels,option to cancel is null and void. (b) Intentionally Omitted (c)Intentionally Omitted (d) Good faith,diligent application requires submission of an application for a mortgage by the Purchaser within ten(10)business days of the receipt by Purchaser's attorney of a contract executed by Sellers. 15. The payment due at closing is to be made by good unendorsed bank check payable directly to the order of Sellers or Sellers'designee and drawn on a bank which is a member of the New York Clearinghouse. CHECKS OF A FUNDING COMPANY OR ATTORNEY'S ESCROW ACCOUNT WILL NOT BE ACCEPTED BY SELLERS ON ACCOUNT OF PROCEEDS DUE FROM PURCHASER. 16. Purchaser waives compliance with the Truth in Heating Law(Energy Law 17-103). 17. The parties agree that within seven(7)days of the date hereof,the Purchaser may, at Purchaser's own cost and expense, obtain a termite inspection report of the dwelling and garage ("premises") from a recognized exterminator. Should such report disclose any live active infestation from wood boring insects or damage resulting therefrom, Sellers shall have the option either to cancel this contract and promptly return all monies paid hereunder or at Sellers' cost and expense,have the condition cured and damage repaired and obtain a one year guarantee of same for Purchaser. Should the attorney for the Sellers not have received the termite report within ten(10)days of the date hereof,this clause shall be considered null and void, and this contract in full force and effect as if this clause did not exist. Despite above,Purchaser shall have right to proceed should Sellers elect not to make necessary treatment and Purchaser will accept the premises in their"as is" condition. 18. Purchaser is aware that any property built prior to 1978 may contain lead based paint. Exposure to lead from lead based paint may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, 3 including learning disabilities,reduced intelligence quotient,behavioral problems,and impaired memory. Lead Poisoning also poses a particular risk to pregnant women. Purchaser acknowledges receipt of the pamphlet"Protect Your Family from Lead in Your Rome". Purchaser may,at Purchaser's own expense,have ten(10)days from the date of this contract,to inspect or have a risk assessment conducted by a certified company for the purpose of determining lead-based substance on the premises. In the event lead-based substance is found,a copy of the result of the inspection and\or risk assessment shall be provided to the Sellers' attorney within fifteen(15)days from the date hereof. Upon receipt and review of said report by i the Sellers' attorney,the Sellers may do one of the following: a)eliminate or remove lead-based substance using certified or licensed persons,in which event the Purchaser agrees to continue with this contract;b)terminate this contract by refunding the sums paid hereunder by the Purchaser(limited to the downpayments therein); or c)Sellers and Purchaser shall mutually determine the terms under which this sale will or will not proceed. 19. In consideration of a$500.00 credit to be given to Purchaser at closing,Purchaser hereby waives any rights Purchaser may have under the New York State Property Condition Disclosure Act and releases the Sellers from all obligations of the Sellers under the New York State Property Condition Disclosure Act. The provisions of this paragraph shall govern notwithstanding that the Purchaser may have received a Property Condition Disclosure Statement from the Sellers or the Sellers' agent. If the Purchaser has received a Property Condition Disclosure Statement,the Purchaser is purchasing the property without reliance upon any statements or representations made in the Property Condition Disclosure Statement. The Purchaser acknowledges that Purchaser has been given the opportunity to have an inspection done by a licensed engineer of Purchaser's choosing and has had such inspection done. This paragraph shall survive closing of title. 20. At closing, Sellers shall deliver to Purchaser Certificate of Occupancy No.Z-28275 dated 03/13/02 for a one family dwelling with covered front porch,rear deck,second floor balcony,and attached two car garage. Sellers will not deliver any other certificates of occupancy,or similar document,or any certificates for any fence,shed,deck,gazebo,cabana, finished basement,or garage conversion which may exist in or on the premises. If same are an impediment to closing,as determined by Purchaser's lender, Sellers shall have the option of either removing same without an abatement of the purchase price or obtaining same or canceling this contract in which case the downpayment will be returned to the Purchaser. If a new survey is required in order to obtain a certificate,or similar document,Purchaser shall pay the cost of same. Nothing herein shall be construed to require Sellers to seek or obtain a variance or change of zone or to make any alteration or modification to the subject premises or to expend more than $2,500.00 in order to obtain such Certificates. In the event that any variance or change of zone proceedings or any modification or alteration to the premises is required by the municipality as a condition to the issuance of said Certificates of Occupancy and/or Completion,or any expenditure in excess if$2,500.00 is required,Sellers shall have the option of terminating this contract and returning the down payment. Purchaser shall,however,have the right of accepting the subject premises"as is"and proceeding with this transaction. Purchaser agrees to make application for a copy of the Certificates of Occupancy/Completion together with his title report herein. Seller represents that Seller has not done anything at the Premises that required any new certificate of occupancy,completion,or any other required certificate. 4 r 21. If neither legal title nor possession of the premises has been transferred to the Purchaser and all or a material part thereof is destroyed without fault of the Purchaser or is taken by eminent domain,the Sellers and Purchasers shall have the option of canceling this contract and returning the downpayment to the Purchaser. 22. Any extensions of time or scheduling of closing dates or any notice given under this contract may be given either by or to the respective parties or their attorneys by their attorneys. 23. There shall be no binding contract unless and until Sellers execute and deliver to Purchaser or Purchaser's attorney a fully executed copy hereof with down payment. 24. This contract may be executed in two or more counterparts,each of which shall be deemed an original but all of which together shall be one instrument. A facsimile signature or PDF signature by any of the parties below shall be deemed binding for all purposes hereof, without necessity of an original signature being thereafter required. 25. Intentionally Omitted. 26. At closing Purchaser will pay the Peconic Bay Region Community Preservation tax. "SIGNATURE PAGE FOLLOWS" i I ' 5 NVrrMa WMRWF,the mdadpzd have mcs W this rides as aft date fist vvd#m abovo. tenor cri8fta mis, -N DpmiYn A4usU6 U $a9a II1a, �mvi�$eta-I 6 IN WITNESS WHEREOF,the undersigned have executed this rider as of the date first written above. c nrd &1 -- Christopher Augusta,seller Cristina Ilia,Purchaser Carolyn Augusta.seller Ursula Sala-Ilia,Purchaser x Xa gag-I-Martin,Purchaser 6 SECOND RIDER ANNEXED TO AND FORMING PART OF CONTRACT OF SALE DATED DECEMBER I V ,2018,BETWEEN CHRISTOPHER AUGUSTA AND DAROLYN AUGUSTA,AS SELLER,AND CRISTINA ILIA,URSULA SALA-ILLA AND XAVIER SALA-I-MARTIN,AS PURCHASER COVERING PREMISES KNOWN AS 40300 MAIN ROAD,PECONIC,NEW YORK THIS IS A SECOND RIDER CONTAINING ADDITIONS,CHANGES AND/OR MODIFICATIONS TO THE CONTRACT OF SALE AND THE RIDER TO WHICH IT IS ATTACHED (COLLECTIVELY, THIS "CONTRACT'l- THIS SECOND RIDER SHALL FORM A PART OF THIS CONTRACT. IF ANY PART OF THIS SECOND RIDER IS INCONSISTENT WITH OR CONTRADICTS ANY PART OF THE CONTRACT OR ANY OTHER RIDER, SUCH PROVISION OF THIS SECOND RIDER SHALL GOVERN AND PREVAIL. 1. Seller's Representations: To induce Purchaser to enter into this Contract and consummate'the transactions contemplated hereby, Seller hereby represents, warrants and covenants to Purchaser as follows (knowing that such representations, warranties and covenants are material to, and being relied upon by,Purchaser): 1.1 To the best of Seller's knowledge and belief, all written information provided to Purchaser by or on behalf of Seller in connection with the transaction contemplated hereby, is accurate and complete and does not contain any untrue statement of a material fact necessary to make the statements therein not misleading. 1.2 Seller has not,and between the date of the Contract and the Closing,shall not sell,lease,transfer,use,further encumber or agree to sell any floor area development rights or other similar development rights,and Seller has not entered into any declaration of zoning lot restrictions or waiver thereof affecting the zoning lot on which the Premises is located and/or any other zoning lot abutting or adjacent to the zoning lot of which the Premises forms a part or which may be consolidated with the Premises zoning lot. 1.3 Seller has not entered into and,between the date of this Contract and the Closing Date, shall not enter into any agreement or undertaking or transfer, and the Premises is and shall not at Closing be affected by, any agreement, undertaking or transfer, adversely affecting or reducing the design, size, bulk, floor area ratio or other development rights attributable to the Premises. 1.4 To the best of Seller's knowledge and belief,the Premises is not subject to Federal, State and/or local landmark status and no proceeding is pending or threatened by FAchcnts17701 Alu.Cnsd=ld%s\Socond Ridw.CLMC dwmc .dxx 1 any Federal, State or local governmental authority having jurisdiction to subject the Premises or any portion thereof to landmark status. 1.5 Seller has not received written notice of any retroactive assessment or reassessment of any valuation or charges and Seller agrees that it shall be liable for payment of any such retroactive assessment or reassessment of charges applicable to the period prior to Closing hereunder, including interest and penalties, if any (which obligation shall survive Closing). 1.6 Seller owns the Premises free and clear of all liens and encumbrances, claims,options or restrictions of any kind except for those exceptions to which Purchaser has agreed to accept title subject to, or which will be cleared at Closing, and no other person or entity has any right or option or right of first refusal or first offer to acquire any portion of the Premises. 1.7 Seller has not received any written notice from any insurance company which has issued a policy with respect to the Premises, or any board of fire underwriters, claiming any defect or deficiency in the Premises. No written notice or order by any governmental entity has been served on the Seller or which(i)requires the performance of any work or the making of any repair or alteration to the Premises, or(ii)orders the construction, repair or alteration of any public improvement on or about the Premises or any street abutting the Land or the Building comprising the Premises. 1.8 Seller has not received any written notice of actual or threatened curtailment of any utility service now supplied to the Premises. 1.9 Seller has no written notice of any violations against or affecting title to the Premises. 1.10 Seller has no knowledge of. (i) the presence of any Hazardous Substances (as defined below) at, on, under and/or affecting the Premises; (ii) any spills, releases,discharges, or disposal of Hazardous Substances that have occurred or are presently occurring on or onto the Premises; (iii) any spills or disposal of Hazardous Substances that have occurred or are occurring off the Premises as a result of any construction on,or operation and use of, the Premises; (iv)the presence of any PCB transformers serving or stored on the Premises;or(v)any failure to comply with all applicable local,state and federal environmental laws,regulations,ordinances and administrative and judicial orders relating to the generation, recycling,reuse, sale, storage, handling,transport and disposal of any Hazardous Substances in connection with the construction on,or operation and use of,the Premises. As used in this Contract, "Hazardous Substances" shall mean(i) any"hazardous substance"defined both as of the date of this agreement as such in (or for the purpose of) the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C.A. §9451(14)or any so- called"superfiind"or"superlien"law; (ii) any"pollutant or contaminant"now defined in 42 U.S.C.A. §9451(33);(iii)any material now defined as"hazardous waste"pursuant to 40 C.F.R. Part 245. F.%cluots%7701 mw cn.ti=%d=%sood wau.cUAc domexadocx 2 1 �/ 10� 1.11 Intentionally Omitted. 1.12 Intentionally Omitted. 1.13 There are no employees currently working for the Seller with respect to the Premises. At the Closing,there shall be no service,maintenance, supply,management or other contracts binding upon Seller or the Premises,or which could bind the Purchaser. 1.14 There is no condemnation proceeding pending with regard to all or part of the Premises and,to the best of Sellers knowledge,there is no such proceeding contemplated by any governmental authority. 1.15 Intentionally Omitted. 1.16 Intentionally Omitted. 1.17 Intentionally Omitted. 1.18 There are no tax exemptions or abatements affecting the Premises except STAR. 1.19 Seller is not a foreign person,as such term is defined under the Internal Revenue Code. 1.20 To Sellers' knowledge, all permits, certificates, zoning, building, housing or safety, fire and health department approvals,and all other permits, approvals and licenses necessary to operate the Premises and the equipment therein have been issued and will be delivered to and assigned to Purchaser at Closing, provided same are in Sellers' possession and provided same are assignable. To Sellers' knowledge, there are no open alteration applications opopewaW pending with the Buildings Department. Seller has not received any written notice or citation concerning any change in the land use classification or the zoning classification of the Premises or any part thereof. 1.21 No written notes or written notices of violations of law, ordinances, requirements or regulations of any federal,state,county,municipal or any other governmental or quasi-governmental department, agency or authority have been issued or received by the Seller. 1.22 Seller shall not withdraw,settle or otherwise compromise any protest or reduction proceeding affecting real estate taxes assessed against the Premises for any fiscal period in which the Closing is to occur or any subsequent fiscal period without the prior written consent of Purchaser, which consent shall not be unreasonably withheld. Real estate tax refunds and credits received after the Closing Date which are attributable to the fiscal tax year F:\c ieom%7701 M4 Cristiaa\docslsaoad PA&r.CUAC cicmc=dom 3 1 during which the Closing Date occurs shall be apportioned between Seller and Purchaser,after deducting the expenses of collection thereof,which obligation shall survive the Closing. 1.23 Seller represents that there are no underground oil tanks located at the Premises. 1.24 Seller covenants that, from the date hereof to the Closing Date, Seller shall: (a) operate the Premises in substantially the same manner operated prior to the date hereof, including without limitation, maintaining the insurance coverages in effect as of the date of this Contract; (b) maintain the Premises in substantially the same order and repair as exists as of the date hereof,reasonable wear and tear and casualty between the date hereof and the Closing Date excepted; (c) duly comply in all material respects with all laws, rules, regulations requirements and/or ordinances of any governmental authority ("Laws") applicable to the use, occupancy and operation of the Premises; (d) not place (or permit to be placed) any encumbrance or liens on the Premises, except as may be required by Laws including real property taxes and assessments; (e) not transfer any interest in the Premises; (f) except for future bookings, not enter into any contracts or agreements with respect to the Premises(including leases), or any amendments thereof or of any of the Leases, that may become binding upon Purchaser after the Closing without Purchaser's prior written consent; (g) pay, in the normal course of business,and, in any event,prior to the Closing, sums properly due for work,materials or services furnished or otherwise incurred by or at the request of Seller in connection with the ownership and operation of the Premises through the Closing; (h) other than any proceedings currently pending before any municipality or governing authority, promptly advise Purchaser of any litigation or governmental proceeding affecting the Premises as to which Seller becomes a party; (i) not, without Purchaser's prior written consent, permit any alteration,structural modification,or additions to the Premises,except in the nature of ordinary maintenance,or as required by emergency circumstances,or applicable Laws; F.%zIkwV701 IIJA Crisd=\doa\&wnd Rida.CIMC eieae.e:adncx 4 (j) promptly forward to Purchaser copies of any written notices received from or sent to any governmental authority; (k) not remove any of the fixtures or equipment attached to or used in connection with the operation of the Premises,unless it replaces the same with fixtures and equipment of similar.quality. 2. Seller Default: All representations,warranties and agreements contained in the Contract,Seller's Rider and this Second Rider shall be true upon the execution of the Contract and as of the date of the Closing. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. 3. Seller Cooperation: Supplementing the provisions of the Contract, Seller shall supply all documents reasonably requested by the title company(including prior title insurance policies and existing survey, if any, to the extent either is in Seller's possession, and/or customary title affidavits) for the issuance of title insurance policies to Purchaser and Purchaser's lender,if any. 4. Intentionally Omitted. 5. Inspection: Purchaser, its agents, employees or assigns, shall have the right, from time to time, to enter onto, and inspect the Premises at any time after the execution of this Contract,provided it shall first give Seller reasonable advance notification of its intention to conduct any such inspection. Such right of inspection,,and the exercise of such right, shall not constitute a waiver by Purchaser of the breach of any representation or warranty of Seller which might have been disclosed by such inspection. 6. Intentionally Omitted. 7. Condition of Premises: Seller agrees that from the date of this Contract to-the Closing,Seller will,at Seller's expense,maintain the Premises substantially in its present order and condition, make all necessary repairs and replacements, and deliver the Premises at Closing in substantially the condition it is on the date of this Contract, reasonable wear and tear excepted, including, but not limited to all landscaping. In all events, at the Closing the plumbing, sewer,HVAC,mechanical and electrical systems will be in working order and the roof and basement shall be free of leaks. 8. Intentionally Omitted. 10. Additional Deliveries: At the Closing, Seller shall deliver to Purchaser(i) all plans, specifications, warranties and guaranties, if any in Seller's possession, affecting the Premises; (ii) (to the extent the same exist)interior door keys, security system keys, mailbox keys and garage door openers or keys; and (iii) any termite warranty/guarantee in Seller's Rthe V701 11h6 CnstmaldoalSecoed Rida.CLMC cMnexeAwz 5 possession,together with the termite company's certification that such warranty/guarantee has been duly assigned to Purchaser. 11. Intentionally Omitted. 12. Assi m-ent. Purchaser may assign this Contract to an entity controlled by Purchaser,upon notice to Seller and provided that such assignment includes an assignment of the Downpayment and the assignee agrees, in writing, to be bound by all provisions of this Contract. 13. None of the Seller representations,covenants,and/or warranties in the printed form, Seller's Rider,and/or this Second Rider will survive closing,except as otherwise stated. "SIGNATURE PAGE FOLLOWS" F.\cfienta\7701 Ithk Gne1imldoce%5econd Rider.CUAC de=exe.dwx I l IN WIT NM WMMFI the under WW have excoutod this Second Itider as of the daw first wri#ten above. 11e� t18t8,saw CWstha Ilia,Purchase ursuk Sala-Na,Pur+chascr Javier Sa1t-I-Martin,Purchaser lwUmO%7701 tu.,atn�rw�amaaia�tarctawoemaoos IN WITNESS WHEREOF,the undersigned have executed this Second Rider as of the date fast written above. Christopher Augusta,Seller Darolyn Auguste,Seller Cristina I11a,Purchaser Ursula�Sala-Ilia,Purchaser Xav' a I-Martin,Purchaser 1kCn4wWd@m%9CmdRVOLCU4Cdams o= 7 i + V DESCRIPTION OF PREMISES .ALL that certain plot,piece or parcel of laud,with the buildings and improvements thmon erected, situate,lying and being m the Town of Southold,County of Suffolk and State of New York known ad designated as Lot No.2 on a certain Map entitled,"Map of Pec onic Bay Cove",filed in the Suf1blk County CleWs Office on Maw 4,1983 as Map No.7159,bounded and described as follows: BEGINNING at a point on the southeast side of Main Road IS.R.25]distant 165.40 feet southwesterly as measured along the intersection of the southeasterly side of Main Road and the southwesterly side of Indian Neck IAne; THENCE along the division line of Lots 1 and 2 as shown on the above mentioned Map South 24 degrees es 00 minutes 00 seconds East 252.05 feet to the division line of Dots 2 and 4; THENCE along the last above mentioned division line,South 66 degrees 00 minutes 00 seconds West 155.00 feet to the division line of Lots 2 and 3; THWCE along the last above mentioned division line,North 24 degrees 00 nmmutes 00 seconds West 186.86 feet to the southeast side of Main Road; THENCE along the southast side of Main Road,North 46 degrees 35 minutes 20 seconds East 196.15 feet to the point or plane ofBEGDIM NNG. ~ I PIT January 18, 2019 JAIV, 10 p� /tr To: Leslie Kanes Weisman y �a� f S�® Copy to: Scott Russell, Southold Town ZBA Board Members and Town Attorney ` Leslie, Although we have been told many times that the Town supports the local B&B community,we have found that not to be true.We are going to briefly summarize what we have experienced and why we are about to lose the sale of our property.What we have been put through is unacceptable. We contacted Scott Russell a few years ago to get some guidance as relates to the sale of The Harvest Inn. We were frustrated because there is so much misinformation about the sale of a B&B in Southold Town. In fact, many realtors had walked away from selling properties like ours.We were even told that you couldn't sell a B&B/Inn,that the property had to be sold as a house. (We purchased the Inn with a Contractual Rider for the business/furnishings so we know that isn't the case).After 15 years in the business we couldn't accept that.There is a huge value to any business that has been successful for all these years.And there was precedent with other B&B sales on the North Fork. Scott was kind enough to arrange a meeting with you and Bill Duffy to talk about an approach for our buyers to apply for a B&B permit as a parallel effort with our attorneys working towards a contract of sale.This would ensure that at closing,the buyers would have their permit to operate from day one. After the meeting with Scott and Bill,you committed to follow-up, and you did just a couple of days later. We will never forget that call-as we were in Southampton standing outside a restaurant trying to make sure we understood what you were telling us.You explained that you had met with the Board and they didn't agree with proceeding/entertaining a permit before the sale of the property.To say we pushed back is an understatement.With no facts, we were dismissed. Apparently because of that unfortunate conversation and the realization that indeed that was unfair,you came back to us and suggested that we needed to apply as well as the buyer.Your records don't indicate that we are the owners of the Inn after 15 years, so we were asked to re-apply, pay$750, and also have our buyer apply and pay$750. We did that because the lawyer that supported us at the time and also managed the process for obtaining our LLC, is no longer in the business and no one on the current board was there 15 years ago. Brownell Johnson was our attorney of record. He was also part of the Town legal team at the time and instrumental in getting our business and LLC established. Throughout the process we were reminded that the Town Code as relates to B&Bs has to be changed/updated, but unfortunately as you said more than once...that doesn't help our situation.On October 25th, we provided a complete application package, and on request provided even more details. So after literally hours of putting together paperwork as if applying for a zoning permit for new construction, paying hundreds of dollars for copies, certified mailings, postings and following every rule- -as a team the seller and buyer provided all the documentation requested, along with sworn notarized affidavits etc. We hosted the ZBA tour and appeared at the January 3rd ZBA meeting with our buyers. We arrived early to hear the other B&B permit proceeding. But as you shared,you had made an error and started early, so we weren't able to hear that. It was done before it was scheduled to start.We had and still have serious questions about a potential conflict of interest with one of your Board Members as relates to that permit and ours. We assumed he would recuse himself from any B&B related issues. We are happy to share details privately. The one member that didn't show up for the tour of our property(or give us a courtesy call to let us know he wasn't coming so we waited for hours) Eric Dantes, was so rude to our buyers that they were literally shaken.The invasive questions he asked about personal relationships was just incredibly rude. We were in shock. If that is how the Town welcomes new people to the community then we have a real problem. (We could have filled the room with associates from local restaurants,wineries, breweries, shops, previous guests, etc that we have worked with and supported over the years-thank goodness we didn't as it was such an embarrassment-not just to Cristina and her daughter but to the Town). It seems when we finally got to the issue Eric was addressing, his concern was that they were purchasing the property with an LLC. And there was another LLC that would be used for the management of the business. We were also questioned about our LLC that was established for the management of the business. We were asked to provide proof that the LLCs were not big corporations coming into the area. Again, the questioning to get there was invasive. When we finally asked what are the specific deliverables to get the conversation back on track,we were told to provide copies of the buyers LLCs (done). As you now know,the first LLC is for the purchase of the property by Cristina Illa and Ursula, her daughter who will become full time permanent residents here. Ursula's father is helping with the financing, hence their attorney suggested an LLC to protect all.The LLC for the business is in Cristina and Ursula's name. As you requested, after closing Cristina and Ursula will provide a copy of the registered deed, and proof of residency as this will be their primary residence.That was a condition of the B&B permit to make sure that we could close and proceed with the necessary follow-up. Then we find that the CO issued to the original owners the Como's, and used for our purchase included an unfinished basement. 90%of the basement is unfinished. None of that area is used for guests. Apparently the Como's had added walls in one part of the basement without a permit.We spent a week meeting with Town Building Departments, architects and contractors to be able to provide options to the buyer. In the end we decided to have someone come in and remove the portion of the basement that had been built, as the new owners won't be using the space-nor did we. It will cost us approximately$3000 and can be completed within 60 days.The work is already scheduled. We asked on Tuesday(via letter) before the meeting if you would agree to provide the permit with another condition that the basement conforms with the CO so that we could proceed with our sale.This wasn't an original idea, we read in many forms how major Southold building projects were granted approvals/permits with conditions-the precedent has been set.And again,this is not a building permit request, simply a permit for an existing B&B. Y �s �S We have stressed repeatedly that there are two contingencies in our Contract of Sale. 1)that the buyer can obtain her financing (standard), 2)that they have a Southold Town B&B permit.We now have the contract of sale (you have a copy as well), a scheduled closing date of January 31'Y and yet we can't move forward because of the contractual contingency that they have their B&B permit now. Everyone assumed that we would have the permit by January 3rd, as no one contacted us to ask any questions. So, within 60 days after closing, you would have the registered deed, proof of residency and the basement work complete and of course we offered to arrange for an inspection. Again, the CO issue was all much to our surprise, so we moved very quickly.We left a message for you and you asked Kim Fuentes to contact us, because our buyer and attorney were asking questions that we couldn't answer. Kim suggested that we contact Bill Duffy. His schedule didn't permit a conversation or a meeting.We spoke to Kim and Elizabeth in your office, wrote letters but received nothing in return. We were told that we could attend the meeting last night, "but couldn't speak".You said last night at the meeting that because our letter was received yesterday that the Board hadn't had time to absorb it.Well the first letter was sent to your office on Tuesday. No response when we respectfully asked to add the condition to take care and correct the CO issue. Now we are being told that we have to wait until February 7th to attend another ZBA meeting.That is unacceptable. We need the permit to proceed with our closing. We can not lose another sale. You have a lovely mother-daughter team that were really looking forward to living in the area. As a reminder, the way they found us was after a stay at the Inn.They can't wait to start their next chapter, and have tried to stay positive after what they went through in the meeting (we still cringe remembering the personal nature of the questions being asked-totally inappropriate especially with Cristina's daughter in the room). They are a perfect fit for the area and as Innkeepers-but alas you or any one single Board member asked about their professional careers as you did the previous B&B permit applicants-you have no idea who they are or what they can contribute. Again,the sale is contingent on the B&B permit, which is why we asked for the permit to be granted with the conditions you already agreed to (proof of residency and a copy of the deed) after closing and an additional condition that within 60 days we have the basement returned to the original state of the CO when granted, before the Como's made their change which apparently was done without a permit. What possible reason would you not be able to do that? Our frustration is that we can't reach a decision maker. We send letters and get no response.There has to be another way so that we don't lose this sale. We were both executives in our corporate days and know how easy it is to arrange a 15 minute conference call with your Board, agree to the conditions, and proceed with issuance of the permit. Incomprehensible. Please contact us at your earliest convenience. We are also copying Scott Russell, as we need his guidance as well. You asked us why we went to Scott originally. Let us remind you, that we only knew Scott-we had never met you or anyone on the Board.We were looking for guidance. Christopher had �a the opportunity to work a bit with him when he was President of the North Fork Chamber of Commerce. From what you said during the first call when the Board dismissed us before we had provided a single detail...that appeared to anger some of you on the Board. We apologize for that.We are trying to move our lives forward after 3+years of going through this process. There are B&Bs in the area that have never had annual inspections with the town (they have told us personally).There are B&Bs still operating that were purchased by corporations. We are not those properties or people. We have current inspections by the Town (hence imagine our shock after numerous inspections that there was an issue with the CO), and we have tried to abide by every rule. We are being penalized for some reason, and we don't understand it.This request is being made for a B&B permit, not building permits.A B&B permit. We would also like to volunteer to help the Town with understanding the B&B business and contribute to anything we can do to help update the Town Code. Our pleasure. No legitimate operator should have to go through what we have or any other recent buyers of B&Bs in the area. Please contact us at(631) 765-9412.We honestly don't know what to do. Darolyn and Christopher Augusta 1 Fuentes, Kiwi n Ts--i rzu5-;:u ,.., \v/ JAN l; 3 I j From: Harvest Inn <info@harvestinnbandb.com> Z019 Jl1 Sent: Thursday, January 17, 2019 2:05 PM 8Y:_ a �s� To: Fuentes, Kim; Sakarellos, Elizabeth Subject: Harvest Inn B&B Permit-40300 Main Road, Peconic Hello again Kim and Elizabeth, We believe that we have addressed all the questions presented, related to the B&B permit for The Harvest Inn, with one exception as relates to the CO in the basement. After meetings with two architects, builders and numerous discussions with Damon Rallis and others at the Town Building Department, we arrived at two options to present to the Buyers: -Remove the walls that the original owners,the Como's built in the basement to return the lower level to the current CO. OR -Submit paperwork for a new CO, and a building permit to update the CO. Our Buyers have decided on the first option, as they have no need for the basement area except for storage. We have already accepted a quote of$3000 to have the demolition completed. We have done a tremendous amount of work to make sure that we have all the details to you before the Town ZBA Meeting tonight. Again, we respectfully request that you approve the B&B Permit to the buyers so that they can close on January 31. We didn't have the opportunity to talk with Bill Duffy, as you had suggested Kim. But in the end, one of the contingencies of sale of the property is based on the B&B Permit being provided to the Buyer.We can't close without it. So, an updated timeline would be that within 60 days (vs 90)the basement will be consistent with the current CO and that the Buyers will provide a copy of the deed and their proof of residency. With those conditions we are hopeful that the B&B permit can be granted. Please let us know if you need anything else prior to this evenings meeting. Christopher Augusta From: Harvest Inn Sent:Tuesday,January 15, 2019 1:36 PM To: 'Fuentes, Kim' <I<imf@southoldtownnv.gov>; 'Sakarellos, Elizabeth' <elizabeth.sakarellos@town.southold.ny•us> Subject: Harvest Inn B&B Permit Hello Kim, I'm so glad you decided to join us when I was having my discussion with Elizabeth. Really appreciate it. In any event,to reiterate...after conversations with Cristina Ilia (our buyer)there is no issue related to the current Certificate of Occupancy (six (6) bedrooms one (1) den/study).The Master Bedroom is huge as you can see on the floor plans, with large space and light.All good.The buyers are going to figure out future construction, and changes after 1 I f living here for a bit as we already shareu. i ney are good people that have been pro\ u.,- great contacts with the Town Building Department.They want to do everything above board and legally, as do we. We are submitting paperwork tomorrow morning with the town building department requesting an amended CO,to address the issues of the ZBA. We are respectfully requesting that the board grant the B&B permit to Cristina with the condition that the required work be completed within ninety (90) days, with an obvious inspection to confirm. We are letting our buyers know that there is no need to attend the meeting on Thursday however someone from The Harvest Inn will be in attendance. If there is anything else required to ensure a successful conclusion please advise. And of course, please share this email with all ZBA Board Members. Thank you again, y, Christopher Augusta z Fuentes, Kim From: Harvest Inn <info@harvestinnbandb.com> Sent: Tuesday, January 15, 2019 1:36 PM To: Fuentes, Kim; Sakarellos, Elizabeth ��—�"��` Subject: Harvest Inn 6EZ6 hermit JAN 15 ?Oa' J Hello Kim, I'm so glad you decided to join us when I was having my discussion with Elizabeth. Really appreciate it. In any event,to reiterate...after conversations with Cristina Illa (our buyer) there is no issue related to the current Certificate of Occupancy(six (6) bedrooms one (1) den/study).The Master Bedroom is huge as you can see on the floor plans, with large space and light. All good.The buyers are going to figure out future construction, and changes after living here for a bit as we already shared.They are good people that have been provided great contacts with the Town Building Department.They want to do everything above board and legally, as do we. We are submitting paperwork tomorrow morning with the town building department requesting an amended CO,to address the issues of the ZBA. We are respectfully requesting that the board grant the B&B permit to Cristina with the condition that the required work be completed within ninety (90) days, with an obvious inspection to confirm. We are letting our buyers know that there is no need to attend the meeting on Thursday however someone from The Harvest Inn will be in attendance. If there is anything else required to ensure a successful conclusion please advise. And of course, please share this email with all ZBA Board Members. Thank you again, Christopher Augusta 1 A41 January 151h, 2019 J S�®J� To: Elizabeth Sakarellos and Kim Fuentes m� Good morning, We spoke briefly with Kim last week,who suggested we speak with Bill Duffy,as we have questions from our attorney and our buyer as relates to the B&B permit for The Harvest Inn. Kim suggested we speak to Bill Duffy. Unfortunately,his busy schedule doesn't allow for a phone discussion or meeting. Here is our challenge.We have a closing date set for January 31.After years of going thru the sales process for the Inn (much due to all the confusion related to B&Bs on the North Fork),and months of responding to the package details for the Town, mailings, postings, meetings,inspections...we find ourselves near the finish line. Our contract of sale for the residence'and business is contingent on two things: 1)the buyers ability to get her mortgage which isn't an issue 2) Issuance of a Southold Town B&B permit in the buyers name. After the meeting on January 3rd,we were asked to provide documentation related to the buyers LLC's and meetings with Southold Town Building Department. Now we are told there is another meeting this Thursday which is a "public meeting but there is no testimony".So,the buyers don't know whether to head east for the meeting or what the next steps are.What are the next steps,when would their permit be approved?Are there any other roadblocks? We are hoping that everyone on the ZBA Board has the detail we dropped off last week,can you please let us know if any other information is needed prior to the meeting on Thursday? The domino effect is that if Cristina doesn't receive her B&B permit,we can't commit to firm dates for the closing, moving company packing and pick-up, let alone issues involving our guest reservations around the move.And we also have legal notification requirements to the County and State Tax entities that we collect and pass hotel taxes through to-for example 10 days before closing is the requirement ,for the County. We have committed to conditions such as providing buyer resident documentation and the deed after closing. If there are any other conditions,we are happy to entertain those as we will be working closely with the buyer during the transition. Thank you for understanding our sense of urgency. We simply don't know what to do.We thoroughly understand that this is not a top priority for the ZBA with all the building/zoning exceptions being entertained that we read about. But for us it is huge.We can't lose this sale after what we have been through over the past 3+years. Thank you for understanding.We thank you for your help in advance. Darolyn and Christopher Augusta January 10, 2019 p BAN 1 � Re: Bed and Breakfast Permit for The Harvest Inn Attention: Leslie Kanes Weisman — Dear Leslie, Following are the deliverables we committed to drop off for the B&B Permit after the Town ZBA meeting on January V. Buyer Deliverables: -There are two LLC's (see attached)which have been established by the Buyer 1)An LLC for the purchase of the real property(ESSEYE LLC).This was recommended by the Buyer's attorney for the purchase by: Cristina Illa Ursula Sala-Ilia Xavier Sala-I-Martin Cristina and Ursula will make the property their primary residence.You have a sworn affidavit from Cristina in the original permit package. Ursula's sworn affidavit is attached.'As you heard during the hearing from Cristina "this is her forever home".This is not a big corporation that the Town is concerned about coming into the area.These are two women that are really looking forward to becoming part of the North Fork community. As previously agreed,after the closing(on or around January 31)the Cristina and Ursula will provide a copy of the Deed for the property and proof of residency(Le new driver's license/voters registration). This information will be dropped off at your office and marked to your attention to complete the files. 2)An LLC for the business(MY WINGS LLC)was formed separately by the buyers.Simply good business practice. There were questions about the LLC, DCAONE.Just to be clear that LLC will follow the Sellers. DCAONE was established 15 years ago by the Sellers on advice of our Attorney and CPA.We would hope that all Southold Town B&B owners have an LLC.An LLC is important for business insurance and business tax filings as well. Seller Deliverables: -Visit the Town Building Department to confirm number of bedrooms on record.Christopher Augusta confirmed that there are six beds with a study or den next to the owner's quarters. No issue. Ili If the buyers decide to request a building permit in the future to make any changes,we have provided contacts.They first want to get into the property and live here for a year or so to decide what/if they may want to do in the future. -As you could tell,we were completely surprised by the comments made by a couple members of the ZBA,as relates to the basement in our property.The inference was that we had done construction. Nothing could be farther from the truth.The Como's(original owners/builders of the property)sold us the property as is.The CO says unfinished basement-which 90%is(unfinished).The Como's put a door on the closet to the electrical panels and there is a room that we use for storage for paperwork. No bedrooms/nanny space (we don't have children!). Again,we were shocked that there was an issue,as we had a walk-thru with the Como's and the Town when we purchased the property for our permit,and numerous visits by the Fire Marshall over the years. Nothing ever came up from 2003 to 2018.We have always abided by all the guidelines provided by the Town with our property and the business. Fortunately,this has nothing to do with the permit for the B&B as it is in the owner's and space-not a guest area. Christopher met with the Southold Town Building Department the day following the ZBA meeting.They were also surprised as it isn't a guest area that this was even brought up.We have subsequently met with an architect and again with the Building Department.We find that there is no need to apply for a new CO.The only issue is related to a "line of site to the egress", quoting the Building Department.They provided two options for the Buyer to consider.Again,the buyer will make those decisions after they move in and considers her options. We believe that does it. Thank you again for your time.We are all working very hard towards a January 31 closing date. Darolyn and Christopher Augusta Copy to: Cristina Illa 0?019 January 4th, 2019 Sy_ S To: Southold Town Zoning Board in consideration of the new B&B Permit for The Harvest Inn Re Property at: 40300 Main Road/Rt 25 Peconic, NY 11958 In the County of Suffolk, and the Town of Southold, New York This is a sworn affidavit from Ursula Sala-Ilia, that on or around January 315t, 2019 she will live at the address above as her primary residence and also operate The Harvest Inn located at the same address with her mother, Cristina Ilia. After closing, she will provide a copy of the new deed and proof of residency at the address above as required by the Southold Town Zoning Board. - - --------------- ---��--=-�©V_-) ------- Signature/Date Ursula Sala-Ilia RIST ER SYON J"SON ublic-State of New York NO.01J06292492 Qualified in Putnam County My Commission Expires Nov 4,2021 Adak Jq/V 1 y 5f OPERATING AGREEMENT THIS OPERATING AGREEMENT(this"Agreement"), dated as of December 14, 2018,by all of the members set forth on Exhibit A annexed hereto(the"Members"). WITNESSETH: WHEREAS,the Members desires to provide by this Agreement for the ownership and management oS5 .:3 (the"Company"). NOW THEREFORE,the parties hereto agree as follows: I. Formation. The Members have heretofore formed the Company under the New York Limited Liability Company Act as in effect on the date hereof(the"Act"). 2. Principal Place of Business. The principal address of the Company shall be at 40300 Main Road,Peconic,New York 11958,or such other place as Manager(as hereinafter defined)may designate from time to time.- 3. Ownership. The Members own such membership interest in the Company as set forth on ExhibitA (the"Interest'). 4. Management. Cristina Ilia is hereby designated as"Manager"of the Company. Only Manager shall have the power to do any and all acts necessary or convenient to or for the furtherance of the purposes of the Company,shall have full,exclusive and complete authority, discretion, obligation and responsibility to make all decisions affecting the business of the Company,and shall manage and control the affairs of the Company,including,but not limited to,with respect to the financing and or sale of any assets owned by the Company. Without the prior written consent of Manager,no Member shall have the power to transact any business on behalf of the Company. 5. Business. The Company may engage in any lawful business. 6. Fiscal Year. The fiscal year of the Company shall end on December 3 Pt of each year,unless a different fiscal year is designated by Manager. 7. Allocation of Profits, Losses and"Distributions. All profits, losses and distributions,as determined by Manager,shall be allocated to the Member. 8. New Members. New members of the Company may be admitted upon, and only with,the approval of Manager. q, Limited Liability of Member and Manager. No Member or Manager shall be lia��fpr Company obligations. 1 FAchents17701 Ilia.Cnsnna\docs%0pemting Agmt Ejw LLC dom 10. Standard of Liability. No Member or Manager shall be liable to the Company or any other Member or Manager for any acts or omissions in connection with Company matters unless such acts or omissions are attributable to fraud, gross negligence or willful misconduct. 11. Miscellaneous. This Agreement sets forth the entire agreement between the parties hereto relating to the transaction reflected herein and supersedes all prior agreements' and understandings of the parties in connection therewith. This Agreement shall not be amended or modified in any respect, and none of the provisions of this Agreement shall be waived,except by an instrument in writing signed by all parties. Any notice,report,demand, waiver or consent required or permitted hereunder shall be in writing and shall be delivered in person or be prepaid, first class,registered or certified mail, with return receipt requested,or by a reputable overnight courier,addressed as shown on Exhibit A. This Agreement and any modification,amendment or waiver shall be binding upon each of the parties hereto and their respective representatives,heirs, successors and permitted assigns. No failure on the part of any party to exercise,and no delay in exercising,any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof. No waiver of any breach by any party of any of the terms and conditions hereof shall operate as a waiver of any other and further breach of any of the terms and conditions hereof. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. This Agreement shall be governed by and construed in accordance with the law of the State ofNew York without regard to the conflict of laws provisions thereof. Each of the parties hereby expressly and irrevocably submit to the jurisdiction and venue of a court sitting in the State of New York,in any action or proceeding arising out of or relating to this Agreement and expressly and irrevocably waives any immunity from jurisdiction thereof and any claim of improper venue,forum non conveniens or any similar basis to which it might otherwise be entitled in any such action or proceeding. All parties agree to execute, acknowledge and deliver in proper form, such additional documents and to perform such further actions as may be necessary or appropriate to effectuate the provisions of this Agreement. The representations, warranties, covenants and agreements contained in the Agreement shall survive the execution and delivery of this Agreement and the termination of this Agreement. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original and which together shall constitute one Agreement. The parties hereto agree that facsimile transmission or scanned PDF files of original signatures shall constitute and be accepted as original signatures. This Agreement has been extensively negotiated by counsel to all parties hereto and shall be deemed prepared by all such counsel. Any ambiguities shall not be deemed to be construed against any party hereto. "SIGNATURE PAGE FOLLOWS" 2 F\dt j9\7701 Ilia,Cristinaldo&Opaating Agmt Esseye LLC.docx IN WITNESS WHEREOF, the Members and Managers have executed this Agreement on behalf of the Company and on their own behalf. I Cristina Ilia, Member and Manager Ursula XVII Sala-Ilia Member--- a Sala-l-Martin ember 3 F lchents\7701 Ilia,Cnsnna\docs\Operating Agmt Esseye LLC docx EXHIBIT A jok�>� MEMBERS AND INTERESTS Name of Member Interest Cristina Ilia '40% Ursula XVII Sala-Ilia 30% Xavier Sala-I-Martin 30% 4 F VientsMOI Ilia,CnstinaWocAOperating Agmt Esseye LLC doca OPERATING AGREEMENT THIS OPERATING AGREEMENT(this"Agreement%dated as of September 21, 2007,by all of the members set forth on Exhibit A annexed hereto(the"Members"). WITNESSETH: WHEREAS,the Members desires to provide by this Agreement for the ownership and management of 1 "!QMOSM-0(thZe"Company"). NOW THEREFORE,the parties hereto agree as follows: 1. Formation. The Members have heretofore formed the Company under the New York Limited Liability Company Act as in effect on the date hereof(the"Act"). 2. Principal Place of Business. The principal address of the Company shall be at 40300 Main Road,Peconic,New York 11958,or such other place as Manager(as hereinafter defined)may designate from time to time. 3. Ownership. The Members own such membership interest in the Company as set forth on Exhibit A (the"Interest"). 4. Manaizement. Cristina Illa is hereby designated as"Manager'ofthe Company. Only Manager shall have the power to do any and all acts necessary or convenient to or for the furtherance of the purposes of the Company,shall have full,exclusive and complete authority, discretion, obligation and responsibility to make all decisions affecting the business of the Company,and shall manage and control the affairs of the Company,including,but not limited to,with respect to the financing and or sale of any assets owned by the Company. Without the prior written consent of Manager,no Member shall have the power to transact any business on behalf of the Company. 5. Business. The Company may engage in any lawful business. 6. Fiscal Year. The fiscal year of the Company shall end on December 315L of each year,unless a different fiscal year is designated by Manager. 7. Allocation of Profits, Losses and Distributions. All profits, losses and distributions,as determined by Manager,shall be allocated to the Member. 8. New Members. New members of the Company may be admitted upon, and only with,the approval of Manager. 9. Limited Liability of Member and Manaeer. No Member or Manager shall -be liable for Company obligatigns. I R\clients\7701 Ilia,CnoWdocs\opaating 49mt My Wmgs LLC doer 62 10. Standard of Liability. No Member or Manager shall be liable to the Company or any other Member or Manager for any acts or omissions in connection with Company matters unless such acts or omissions are attributable to fraud, gross negligence or willful misconduct. H. Miscellaneous. This Agreement sets forth the entire agreement between the parties hereto relating to the transaction reflected herein and supersedes all prior agreements and understandings of the parties in connection therewith. This Agreement shall not be amended or modified in any respect, and none of the provisions of this Agreement shall be waived,except by an instrument in writing signed by all parties. Any notice,report,demand, waiver or consent required or permitted hereunder shall be in writing and shall be delivered in person or be prepaid, first class, registered or certified mail, with return receipt requested, or by a reputable overnight courier,addressed as shown on Exhibit A. This Agreement and any modification,amendment or waiver shall be binding upon each of the parties hereto and their respective representatives,-heirs, successors and permitted assigns. No failure on the part of any party to exetcise,and no delay in exercising,any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof. No waiver of any breach by any party of any of the terms and conditions hereof shall operate as a waiver of any other and further breach of any of the terms and conditions hereof. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. This Agreement shall be governed by and construed in accordance with the law of the State of New York without regard to the conflict of laws provisions thereof. Each of the parties hereby expressly and irrevocably submit to the jurisdiction and venue of a court sitting in the State of New York, in any action or proceeding arising out of or relating to this Agreement and expressly and irrevocably waives any immunity from jurisdiction thereof and any claim of improper venue,forum non conveniens or any similar basis to which it might otherwise be entitled in any such action or proceeding. All parties agree to execute, acknowledge and deliver in proper form, such additional documents and to perform such further actions as may be necessary or appropriate to effectuate the provisions of this Agreement. The representations, warranties, covenants and agreements contained in the Agreement shall survive the execution and delivery of this Agreement and the termination of this Agreement. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original and which together shall constitute one Agreement. The parties hereto agree that facsimile transmission or scanned PDF files of original signatures shall constitute and be accepted as original signatures. This Agreement has been extensively negotiated by counsel to all parties hereto and shall be deemed prepared by all such counsel. Any ambiguities shall not be deemed to be construed against any party hereto. "SIGNATURE PAGE FOLLOWS" 2 FAchents\7701 Ula,Cnsuna\docs\Operating Agmt.My Wings LLC docr I , IN WITNESS WHEREOF, the Members and Managers have executed this Agreement on behalf of the Company and on their own behalf. Cristina Ilia, Member and Manager Ursula XVII Sala-111a Member 3 F lclients17701 DID Cristipa\dmV)pemung Agtnt My Wings LLC doer ` �a EXHIBIT A MEMBERS AND INTERESTS Name of Member Interest Cristina Ilia, 50% Ursula XVII Sala-Illa 50% •y. F\clients\7701,J.0 Cnshna\docs\Opera g Agmt My Wings LLC docx BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®f S®�r� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY; JANUARY 3, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 63095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 3, 2019. 1:30 P.M. - HARVEST INN — DAROLYN AND CHRISTOPHER AUGUSTA #7257SE Applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers; located at 40300 Main Road, Peconic, NY. SCTM No. 1000-86-4-1.4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: December 20, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZO1:..AG BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: httpl/southtown.northfork.net December 3 , 2018 Re : Town Code Chapter 55 -Public Notices for Thursday, January 3, 2019 Hearing Dear Sir or Madam: - Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before December 14t": Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible, AND not later than December 21st : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted; along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 26t" : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before January 2, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i4o' Tlt'W, E OF HEARIi4ij The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : AUGUSTA , D & C ( HARVEST INN ) #7257SE SCTM # : 10 0 0-8 6-4- 1 . 4 ' VARIANCE: SPECIAL EXCEPTION REQUEST : FIVE (5 ) BEDROOM BED AND BREAKFAST LATE : THURS . , JAN . 31 2019 1 : 30PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 #0002293940 -- STATE OF NEW YORK) mil )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 12/27/2018 Principal Clerk Sworn to before me this day of � 1 C HRISTINA VOLI I NOTARY PUBLIC-STATE Of NEW YORK No 01V06105050 ' Qualifieci in Sultolk County my commission Expires Februory 20,2020 4 -� TYPESET- Tue Dec 18 10 35 40 EST 2018 / code permitted maximum lot coverage of breakfast to the B&B casual, transient LEGAL NOTICE 20%;at:2085 Bay Avenue,(Adj.to Marion roomers; located at 40300 Main Road, SOUTHOLD TOWN ZONING BOARD Lake),East Marion,NY.SCTM#1000-31- Peconic,NY.SCTM No.1000-86-4-1.4. OF APPEALS 17-3. 2:00 P.M.-WILLIAM A.PENNEY,III THURSDAY,JANUARY 3,2019 11:00 A.M. HENRY HINTZE, LYNN AND SUKRU ILGIN(CV)(SOUTHOLD PUBLIC HEARINGS MCMAHON, AND MARIE BASILE GAS STATION) #6839 — (Adj. from NOTICE IS HEREBY GIVEN,pursuant to #7234-Request for Variances from Article 7/2/2015) Request for Special Exception Section 267 of the Town Law and Town Code XXIII,Section 280-124 and the Building under Article XI Section 280-48B(12) to Chapter 280(Zoning),Town of Southold,the Inspector's July 12,2018, Amended July construct a gasoline service station with a following public hearings will be held by the 13,2018,Notice of Disapproval based on an convenience store. Located at 45450 SOUTHOLD TOWN ZONING BOARD OF application for a building permit to make County Road 48(aka North Road,corner APPEALS at the Town Hall, 53095 Main additions and alterations to an existing sin- Young's Avenue) Southold, NY. Road,P.O.Box 1179,Southold,New York gle family dwelling;at;1)located less than SCTM#1000-55-5-2.2. 11971-0959,on THURSDAY,JANUARY3, the code required minimum side yard set- 2:05 P.M.-WILLIAM A.PENNEY,III 2019. back of 10 feet;2)located less than the code AND SUKRU ILGIN(CV)(SOUTHOLD 9:30 A.M. - FRANK AND PAULA required minimum combined side yard set- GAS STATION) #6840 — (Adj. from DOKA #7227 - Request for a Variance back of 25 feet; 3) more than the code 7/2/2015)Request for Variances from Arti- from Article XXIH,Section 280-124 and permitted maximum lot coverage of 20%; cle XI Sections 280-50A and 280-50C and the Building Inspector's July 24,2018,No- at:590 Brooks Road,(Adj.to Pipes Neck the Building Inspector's September 24, tice of Disapproval based on an application Creek),Greenport,NY.SCTM#1000-53-1- 2014,amended October 17,2014 and Octo- for a building permit to legalize"as built" 15. ber 26,2018 Notice of Disapproval based addition and alterations to an existing sin- 11:15 A.M. - JOHNNY S. DONADIC on an application for building permit to gle family dwelling and legalize"as built' AND STEVE DONADIC#7235-Request convert existing vehicle detailing,RV sales accessory apartment in an accessory ga- for a Variance from Article XXIII,Section and service shop into gas station with con- rage; at; 1) less than the code required 280-124 and the Building Inspector's Sep- venience store and construct new pump minimum rear yard setback of 50;at:755 tember 4, 2018, Notice of.Disapproval islands,at;1)proposed front canopy at less Lupton Point Road, (Adj. to Deep Hole based on an application for a building per- than the code required setback of 100 feet Creek),Mattituck,NY.SCTM#1000-115- mit to reconstruct an accessory in-ground from the(two)right of ways,2)proposed 11-4.1. swimming pool;at;1)more than the code building at less than the code required set- 9:45 A.M. - FRANK AND PAULA permitted maximum lot coverage of 20%; back of 100 feet from the right of way,3) DOKA#7229SE—:Request for a Special at: 325 Willow Point Road,(Adj.Budd's proposed front pump island at more than Exception under Article III,Section 280- Pond/Canal),Southold,NY.SCTM#1000- the code permitted 60 linear feet of 13B(13).The Applicants are the owners of 56-5-26. frontage on one street, 4) the proposed subject property requesting authorization 1:00 P.M. MARCO MAIDA AND buildingismore than the code permitted 60 to legalize an "as built" Accessory ALEXIS EILEEN NORRIS MAIDA linear feet of frontage on one street,located Apartment in an existing accessory #7222SE — Applicants request a Special at: 45450 County Road 48 (aka North structure,at:755 Lupton Point Road,(Adj. Exception under Article III Section 280- Road,corner Young's Avenue) Southold, to Deep Hole Creek) Mattituck, NY. 13B(14). The Applicants are the owners NY.SCTM#1000-55-5-2.2 SCTM#1000-115-11-4.1. requesting authorization to establish an The Board of Appeals will hear all persons 10:00 A.M.-KEVIN S.MCLEOD AND Accessory Bed and Breakfast, accessory or their representatives,desiring to be heard at CHUN Y CHEUNG#7230-Request for a and incidental to the residential occupancy each hearing,and/or desiring to submit writ- Variance from Article XXII,Section 280- in this single-family dwelling,with one(1) ten statements before the conclusion of each 116A(1)and the Building Inspector's Au- bedroom for lodging and serving of hearing Each hearing will gust 13,2018,Notice of Disapproval based breakfast to the B&B casual, transient not start earlier than designated above.Files on an application for a building permit to roomers. Located at: 29745 Main Road, are available for review during regular bust- make additions and alterations to an exist- Cutchogue,NY.SCTM#1000-102-2-13. ness hours and ing single family dwelling; at; 1) located 1:15 P.M. - ALEJANDRO AZCONA prior to the day of the hearing.If you have less than the code required 100 feet from AND DANIEL DEVITO#7197SE—Appli- questions,please contact our office at,(631) the top of the bluff, at: 605 Sound View cants request a Special Exception under 765-1809, or by email: kimf@ Avenue,(Adj.to Long Island Sound),Mat- Article III Section 280-13B(14).The Appli- southoldtownny.gov tituck,NY.SCTM#1000-94-1-4. cants are the owners requesting au- Dated:December 20,2018 10:15 A.M.-MICHAEL MCCARRICK thorization to establish an Accessory Bed ZONING BOARD OF APPEALS REAL ESTATE,INC.#7231-Request for and Breakfast,accessory and incidental to L E S L I E K A N E S W E I S M A N, a Variance from Article III,Section 280-15; the residential occupancy in this single- CHAIRPERSON and the Building Inspector's August 1, family dwelling,with four(4)bedrooms for BY:Kim E Fuentes 2018,Notice of Disapproval based on an lodging and serving of breakfast to the 54375 Main Road(Office Location) application for a building permit to con- B&B casual, transient roomers. Located 53095 Main Road(Mailing/USPS) struct an accessory garage;at;1)located at:565 South Harbor Road,Southold,NY. P.O.Box 1179 less than the code required minimum front SCTM#1000-75-4-1. Southold,NY 11971-0959 yard setback of 35 feet;at:415 Lakeside 1:30 P.M. - HARVEST INN — 2293940 Drive, (Adj. to Pleasant Inlet),Southold, DAROLYN AND CHRISTOPHER AU- NY.SCTM#1000-90-3-13. GUSTA #7257SE Applicants request a 10:30 A.M. - GOLDSMITH'S INLET Special Exception under ArticleIIlSection LLC#7232-Request for a Variance from 280-13B(14).The Applicants are the own- Article III, Section 280-15; and the ers requesting authorization to establish an Building Inspector's August 28,2018,No- Accessory Bed and Breakfast, accessory tice of Disapproval based on an application and incidental to the residential occupancy for a building permit to build a deck addi- in this single-family dwelling,with rive(5) tion to be attached to an existing single bedrooms for lodging and serving of family dwelling;at; 1) existing accessory breakfast to the B&B casual, transient garage will be located in other than the roomers; located at 40300 Main Road, code required rear yard; at: 2700 Mill Peconic,NY.SCTM No.1000-86-4-1.4. Road,(Adj.to Goldsmith's Inlet),Peconic, 1:35 P.M.HARVEST INN—CRISTINA NY.SCTM#1000-67-5-2. ILLA(CONTRACT VENDEE)#7258SE- 10:45 A.M. - ANN AGUANNO AND Applicant requests a Special Exception un- GERALD GLEASON#7233-Request for der Article III Section 280-13B(14). The Variances from Article III,Section 280-15; Applicants is the contract vendee re- Article XXIII, Section 280-124; and the questing authorization to establish an Ac- Building Inspector's August 17,2018,No- cessory Bed and Breakfast,accessory and tice of Disapproval based on an application incidental to the residential occupancy in for a building permit to construct an acces- this single-family dwelling, with five (5) sory shed;at;1)located in other than the bedrooms for lodging and serving of code required rear yard;2)more than the TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD., NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) -- SCTM Parcel# f000- $rz -"� _ Li COUNTY OF SUFFOLK STATE OF NEW YORK residing at New York, beig duty swo deposes and says that: On the day of t �- � , 20 V personally mailed at the United States Post.Off ice in �' �p��, ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of dip attached Legal Notice in Prepaid envelopes addressed to current property owners s own on the current assessment :rot[ verified from the official records on file with the(Assessors,or( ) Coun.y Real Property Office for every property wftich abuts and is across a public or private street, or.vehicular right-of=way of record, surrounding the applicant's property. Sw=yo td be ore me - -- Kim E.Fuentes 3 20! Wary Fublla,5tete of New lark Quallfl6d in Suffolk County LIC,#01 FU48117M (Notary Pub LC) Pornr�is$i�ri PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you r�- Ln ®' FORT-,JEFFEgSON STATE PAY 11774 � •�: !;� I rrlLn -095 r, �a�6 Postage ' �v�'.�kf t'- 03 [`- Pose $ G�`�. l,� [`- $0.100 (' v� i(ti -J fll Certified Fee 41 pS park u f Certifed Fee ���1Yr $0.fill .n Return Receipt Fee I Here t p Postmark � Return Recei t Fee S �^• ,s � p (Endorsement Required) $�"04 � ^� p (Endorsement Regwred) $(I.fjfj �" Hera ¢ C" Restricted Delivery Fee X- 4L Q Restricted Delivery Fee " ;T 1,, c� p (Endorsement Required) 0 (EndorsementRequired) ,?`� p^ $ ' 12r1S218 p- $0. a raaS' IO Total Postage&Fees p Total Postage&Fees $ 12/12/2018 m $6■ m s6.Yn p ent Te N� ` "` � = p Sent To r� G R r=Ii v e ` �� O or Bo Nc81 N ! Y= --------------- �- �- ._: p Street,Apt No r\ r%_ --------- r- I r. or PO Box No � c� t-----S ( City ------------------------------------------ :ee ee. EM# N e-q M .-0 HAWORTH"a�•MOB 076�� •n i E • • d1 • • Y 1 �r t ( n �..J: �..> LIT �EC '? .: '- „ - Certified Mad Fee P�oa +�ScIS ! Po $ p`� 03 �Cp r� P U ru $ / Certified Fee $0 0- - w fU 0- Extra Services&Fees(check box,add fee A ate) / �,,, Return Receipt(hanlcoPY) $ +f f, r I �, J ostmarkN s $ d n ryrj_ �� , E3 Return Receipt Fee $(J.00 IllReturn Receipt(electronic) —� ✓ Here �JJj}p (Endorsement Required) tq✓ Here o p certified Mad Restncted Delivery $ .R �1 h p �AdultSignatureRequrted $--- 0 Restricted Delivery Fee �h q p p �cb O '(Endorsement Required) ,�d Adult Signature Restricted Delivery$—� �oJ3d �,d ,y�` Ir $0 e p Postage 12/12/2FAS $_t°r0 12/12/'2018 p Total Postage&Fees M Total Postage and Fees Sent To -0 Sent To V k (.ZYh�LL �.I S p f,A Xf N- Cif,State,ZIP+4 � Stree o•; -------------------- p Street and�9�No., P Box IYo.,O „e Y ---------- ---------- City Stat@� e@ V \OJ ��� i l••t p^ D r p r. r� • •r •€-• �� PEG,t3HI G::`;HT 1 Oka, ;; _<` i tf�d ui ;� 1 [� l`- $0.00 Certified Fee ft.l V filark � p Return Receipt Fee $0"[))) Igo CO O (Endorsement Required) O o) '' A' Restricted Delivery Fee p (Endorsement Required) C7 Total Postage&Fees m $6. p Sent To ` � � ---- f O 1( h� p Street,Apt N ' or PO Box No.-lat Se,ZIP+4 City,State, ----'--"-"-------� --•-----•-------- � 4 :ee ee. 4 � Lot#1000-86-4-1-4 Neighbors for notification: 86-4-1.3 Judith Villamena 50-23 Morenci Lane Little Neck, NY 11362 86-4-1.6 Kristian Prior 300 Indian Neck Lane Peconic, NY 11958 86-4-1.5 Devery Volpe 235 Maple Street Hayworth, NJ 07641 86-1-15 &85-2-9.2 Pindar Vineyards (AG) c/o Herodotus Damianos 591A Bicycle Path Port Jefferson, NY 11776 85-3-11.2 Raphael Vineyards, Inc (AG) Attn:J. Petrocelli 39390 Route 25 PO Box 17 Peconic, NY 11958 6 r`• i I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �Z'�5� SOUTHOLD, NEW YORK AFFIDAVI OF In the Matter of the Application of POSTING cam- arrie of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as S CTM Parcel ff I0-00- 8(o —Li COUNTY OF SUFFOLK) STATE OF NEW YORK) I, awo �'r� residing-at 0 °J� ® M PO 1�J d -10�l vie '�lN—C-- ,New York, being duly sworn,depose and say that: Oa the day of l" ,20113 , I persoaally placed the Town's Official Poster, with the date of hearing aad-nature of my application noted thereon, ' securely upon my property, located ten(I0) feet or closer from the street or.right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the .date of the subject hearing date, which hearing date was shown to be 3 Signature) Sworn to before me this CONNIE D. BUNCH C` Day out• ba ' 201 Notar/Public, Mate of Now York o+ No.01 BU618505Q Qualified in Suffolk County Commission Expires April 14,2 (Notary Public) near the entrance or driveway entrance of my property, as the area most visible to passerby. � • ® o 0 0 III Complete items 1,2,and 3. A Sig ate ❑Agent N Print our name and address on the reverse so that we can return the card to you. l /l ❑Addressee ivery III Attach this card to the back of the mailpiece, B• Receive by(Printed Name) C. Da a of or on the front if space permits. �� �^ r D7 ��� ►✓t III 1. Artcle Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 3, Service Type ❑Priority Mail Express@ III III' IIII III I III I II it l III III I II I I I I I II III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ElR Registered Mail Restricted mortified Mall@ Delivery 9590 9402 2196 6193 2169 05 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery El Signature Confirmation"" 2. Article Number(Transfer from service label) ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery j p 1 u�, 3v cl(7 Lover$500) _ .-.,..- _nA_�Li-..t..1.....nc��,T�a..�-�u•,ss.,,••••,•,c�c,.-- ---- -- - -- o,,.m�+'v_.�otu.aacran,+ ® Complete items 1,2,and 3. 7X ���� ■ Print your name and address on the reverse �� Ji ®Adressee so that we can return the card to you. II Attach this card to the back of the mailpiece, 8•,Fteceived by(Printed ame) C. Date of Delivery or on the front if space permits. f� 1. Article Addressed to: D. Is dallvory address different from item 1? es If Y ' %nter delivery address below: [INo i 6 3 10 3. Service Type ❑Priority Mad Express@ III �I I I II III I III I I II II III I i II III I I I ❑Adult Signature ❑Registered MailTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ;®- rtlfied Mad@ Delivery R 9590 9402 2196 6193 2167 45 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mail El Signature Confirmation �g —r w t ❑Insured Mail Restricted Delivery Restricted Delivery U 010 B®CID 0®�2 1 1 [`'6 (over$500 PS Fcrm 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt � o o • a ■ Complete items 1,2,and 3. A. Signature IIIPrint your name and address on the reverse X ` ❑Agent so that we can return the card to you. ❑Address&e B. R 6ei d (Prnted Nam Cate of D live ® Attach this card to the back of the mailpiece, ' or on the front if space permits. f 1. Article Addressed to: D. Is delivery address different from item 1? Ye nn If YES,enter delivery address below: ®No III II I III III I III I II I III I IIIII I I I 3. Service Type ❑Priority Mail Express@ ❑Adult Signature ❑Registered MaIIT"' ❑Ad�It Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2196 6193 2168 99 ❑�Certif Certified Mail Restricted Delivery ❑Delivery for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 2. Article Number(Transfer from service label) ❑Insured Mad ❑Signature Confirmation j q ❑Insured Mail Restricted Delivery Restricted Delivery 1 ®e z 1� � (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ® Complete items 1,2,and 3. A. s n Aye , ® Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee I3 Attach this card to the back of the mailpiece, B. qp6ved by(Printed Name) C. Date of Delivery or on the front if�space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No i 1 r v 3. Service Type ❑Priority Mail Express® II I I II I III I I III I I II IIII III ❑Adult Signature ❑Registered MaljT11 ElR Adult Signature Restricted Delivery ❑Reglstered Mail estri��- Gi evrtifled Mall® Delivery 9590 9402 2196 6193 2168 44 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirme ❑Insured Mail ❑Signature Confirm 3 1>c1 ��� ❑Insured Mail Restricted Delivery Restricted Delive 't (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return I © • • 71'� ® Complete items 1,2,and 3. A �F I® Print your name and address on the reverse �v ❑Agent so that we can return the card to you. ❑Addressee ■ Attach,this card to the back of the mailpiece, B ecef/ve/ /byy(P inted Named C. Date of Delivery or on the front if space permits. (JV��,t �C�f/l ,. 1. Article Addressed to: = D. Is delivery address different from item 1? ❑Yes �'; 0 If YES,enter delivery address below: ❑No D RC-4 -v Y -p b' '" lnv--t-- II I IIII I IT11I I I I I III I IIII I I I I III 3. Service Type ❑Priority Mad Express® ❑Adult Signature ❑Registered MaIITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2196 6193 2168 51 ❑3 Cerrttified Maified l Restricted Delivery ❑Ret Return Receipt for ❑Collect on Del very Merchandise Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mail ❑Signature Confirmation cb r>2 7-1 t iyt) ❑Insured Mail Restricted Delivery Restricted Delivery f (over$500) =orm 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS -�Southold Town Hall Leslie Kanes Weisman,Chairperson ���� S�UTif� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C, Town Annex/First Floor,1 Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l�'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 9, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7257SE Owner/Applicant: Augusta, Darolyn & Christopher ZBA File #7258SE Owner/Applicant Ilia, Cristina (CV) Action Requested: Five (5) Bedroom Bed and Breakfast Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch 'rper on By: Encls. Survey/Site Plan: Peconic Surveyors, P.0 dated November 6, 2000 BOARD MEMBERS _ �_;�'Southold Town Hall Leslie Kanes Weisman,Chairperson �X\of SOUT 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. 51, • a0� 54375 Main Road(at Youngs Avenue) Nicholas Planamento C0U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 NOV ,. 1 3 2018 L TO: SOUTHOLD TOWN BUILDING DEPARTMENT fn & G 11.IT 9` 7 ,1YT. F. ; 4`.; 'sNJD RE: VERIFICATION OF PERMITTED BEDROOM SPACES/LIVING AREAS TO ESTABLISH Special Exception Application for a bed and breakfast. ZBA Application No.: #7257SE Augusta, Darolyn & Christopher/#7258SE Illa, Cristina Date sent to Building: November 9, 2018 In compliance with requirements of Chapter 280 of the Town Code of Southold, Zoning Board of Appeals is forwarding the above referenced application for verification that all designated bedrooms and living areas are permitted. Please return verification to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based upon the information submitted to this office: Rooms labeled to be used by accessory Bed & Breakfast occupancy are permitted. Rooms labeled to be used by the Owner are permitted. COMMENTS. Signature of reviewer Date: Survey/Site Plan:Peconic Surveyors, P.0 dated November6, 2000 Floor Plan:Donald G. Feiler,Architect, dated December 14, 2000 BOARD MEMBERS ��0f S0(/j�0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �O 1p Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor. Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��COUNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 11, 2019 Darolyn & Christopher Augusta 40300 Main Road Peconic,NY 11958 Re: ZBA Appeal No. 7257SE Special Exception for a Bed &Breakfast Denied as Applied SCTM No. 1000-86-4-1.4 Dear Applicants; Enclosed is a copy of the Zoning Board's February 7, 2019 determination filed with the Town Clerk regarding your application for a . Since el`, Kim E. 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