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Home My WebLink About7258 - i J Ila, (60 sic, 07.2657SK3 a CHECK BOXES AS COMPLETED ( ) Tape this form ( ) Pull ZBA copy o ca o C ( ) Check file boxes `D °- CL ( ) Assign next nur outside of file fi ( ) Date stamp ent Fn -n -o -v = --4 o file number 3 X o ( 8) z w �1 0 ( ) Hole punch ent �' m o. o n -° o (before sending " o o " ( ) Create new indi n N N 0 N V' ( ) Print contact in iv < ( ) to Prepare transm c ( ) Send original ap 3 c� to Town Clerk ( ) Note inside file 1 and tape to insi( ( ) Copy County Ta) 6 neighbors and A `D ( ) Make 7 copies ai ( ) Do mailing label N C3� co C M BOARD MEMBERS ®f so Southold Town Hall Leslie Kanes Weisman,Chairperson �� 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes A= Town Annex/First Floor Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®U�T`I Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Q, �q Tel.(631) 765-1809•Fax(631) 765-9064 & ��Ika 12 1 OrPtM FINDINGS,DELIBERATIONS AND DETERMINATIONFEB 1 1 20119 MEETING OF FEBRUARY 7,2019 �. SloSo hold Town Clerk ZBA APPLICATION#: 7258SE APPLICANTS/OWNERS: Cristina Illa & Ursula Sala-Ilia (Contract Vendee) 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 II 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 permit pursuant to Article III, Section280-13B, subsection 14 of the Zoning Code, to authorize and operate a 5 bedroom Bed and Breakfast for lodging and serving of breakfast to ten (10) B & B casual, transient roomers, within their proposed single-family dwelling, accessory and incidental to their future principal residential occupancy under the Building Department's Certificate of Occupancy Z-28275 dated March 13, 2002. ADDITIONAL INFORMATION: Application 7257SE (Darolyn and Christopher Augusta, owner) & Page 2, February 7, 2019 #7258SE, Cristina Ilia— SCTM No. 1000-86-4-1.4 7258SE (Christine Illa and Ursual Sala-Ilia, Contract Vendee) were jointly submitted, processed together and publicly heard and reviewed. Application 7257SE, is to legalize an `As Built' (5) bedroom Bed and Breakfast owned and operated by Darolyn & Christopher Augusta who are in contract to sell the subject property as a Bed and Breakfast to Cristina Illa, Ursula Sala-Ilia and Xavier Sala-I-Martin, Contract Vendees. The Augusta's have operated their Bed and Breakfast for more than a decade without benefit of a Special Exception authorization in their own names. Application 7258SE, is to establish a Bed and Breakfast in a single-family residence consisting of five (5) guestrooms hosting up to ten (10) transient guests, by a Contract Vendee, not a property owner. The subject premises was issued a Certificate of Occupancy Z-28275 dated March 13, 2002 to Christina Hessel Como and Joe Como 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. On May 24, 2002 Christina Hessel-Como and Joe Como, were issued 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 Public Records and both applications 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. Cristina Illa testified that she is purchasing the real estate along with her daughter, Ursula Sala-Ilia and her daughter's father, Xavier Sala-I-Martin under a corporate name: ESSEYE LLC and that the business will be operated separately under a second corporate name, My Wings LLC,jointly owned by Cristina Illa and Ursula Sala-Illa. Written documentation of these two LLC entities was submitted. However, the contract vendees and current owners were made aware that, pursuant to the Southold Town code, the Board of Appeals may only grant a Special Exception permit to operate a B&B to the full time owner/occupants of a residence, and only as an accessory incidental to the principal residential use, and may not do so for a corporation or as a business use. On February 1, 2019 a new contract of sale was submitted between Darolyn and Christopher Augusta and Cristina Illa, Ursula Sala-Illa and Xavier Sala-1- Martin, as individuals and not as a corporation. During a scheduled interior inspection of the subject property prior to the public hearings, the Board Members discovered that part of the basement had been finished, in contradiction to Certificate of Occupancy No. Z-28275 dated 03/13/02 which describes the basement as unfinished. In subsequent communication, the current owners stated that they will not be seeking to remedy the CO and indicated that the Contract Vendee will, at her expense, be removing the improvements and updating the CO as/if required by the Building Department The Board discussed the need for Cristina Illa and Ursula Sala-Ilia to each have their own bedroom as is the custom for family members with permanent residences in an approved accessory bed and breakfast in the Town of Southold. The Board is not imposing a requirement for the third property owner to have a bedroom of his own since, at the public hearing, Cristina Ilia stated that Xavier Sala-1-Martin will not be residing at the subject premise and is an investor in the real estate only. Page 3, February 7, 2019 #7258SE, Cristina Illa— SCTM No. 1000-86-4-1.4 FINDINGS OF FACT The Zoning Board of Appeals held a joint public hearing on the combined two applications 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. Cristina Illa and Ursula Sala-Ilia, and Xavier Sala-1-Martin are the Contract Vendees who will be purchasing the property located at 40300 Main Road, Peconic NY 11958 from Darolyn & Christopher Augusta. Said property 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. Christina Illa and Ursula Sala-Ilia will occupy the subject property as their principal residence upon closing of the sale of the property and will operate the accessory Bed and Breakfast. 2. The applicants/contract vendee submitted the following documents to confirm their future principal occupancy of the dwelling: Cristina Illa submitted a sworn and notarized affidavit on October 25, 2018 indicating that upon purchase of 40300 Main Road, Peconic NY she will reside full time at the subject property and will operate the Bed and Breakfast, along with her adult daughter Ursula Sala-Ilia, who also provided a sworn and notarized affidavit on January 9, 2019.The applicant's plans comply with the on-site parking requirements and provide 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. 3. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 4. 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. A Bed and Breakfast has been operating in the subject dwelling since 2002 without any adverse impacts 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 6. This accessory Bed and Breakfast will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 7. Evidence HAS been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will be adversely affected in that the current owners have a partially finished basement in contradiction to CO #Z-28275. However, written correspondence was received by the Board that the Contract Vendee, Cristina Illa, will, at her expense. be removing the improvements and updating the CO as/if required by the Building Department, upon purchase of the subject property. 8. 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. 9. An adverse condition was found after considering items listed under Section 280-142 and 280-143 of the Southold Town Zoning Code, specifically residential improvements not covered by the current Certificate of Occupancy. 10. 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 Page 4, February 7, 2019 #7258SE, Cristina Illa — SCTM No. 1000-86-4-1.4 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 Lehnert,and duly carried to DENY the Special Exception permit for an accessory Bed and Breakfast for five (5) guest bedrooms under application 7258SE, and to GRANT CONDITIONAL ALTERNATIVE RELIEF for four (4) guest bedrooms to be used only in conjunction with the applicants-owners residence, as applied for and as shown on the survey prepared by John T. Metzger, Peconic Surveyors, PC and dated January 9, 2002 and on the floor plans labeled A-1,A-2,A-3 by Donald G. Feiler, Architect and dated December 14, 2000. Should the applicant, at a later date, wish to apply for an increase in the number of guestrooms to five (5), they may do so without prejudice upon submittal of a Suffolk County Board of Health approval for a seven(7)bedroom residence and a the corresponding Town of Southold Certificate of Occupancy, SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Conditional Special Exception permit to operate a Bed and Breakfast will be issued in the name of Cristina Illa and Ursula Sala-Ilia as owner/occupants of the subject residence, and no. others and does not authorize any existing or future LLC as operators of the B&B, which must remain an accessory to the principal residential use of the owner/occupants named herein 2. Within 30 days of closing, on the purchase of the residence,the applicant must provide the Town of Southold Zoning Board of Appeals with a copy of the new deed listing Cristina Illa and Ursula Sala-Ilia as owners of the subject premises. 3. Within 60 days of the date of closing on the purchase of the residence, Cristina Illa and Ursula Sala- Illa must provide the Town of Southold Zoning Board of Appeals with three examples of proof of residency that may include driver's licenses, utility bills, voter registration, and property tax records. 4. Within 90 days of the completed transfer of the real estate from Darolyn & Christopher Augusta to Cristina Illa and others, the new owner is to provide the Town Zoning Board of Appeals with a copy of an updated Certificate of Occupancy on the subject premises illustrating that the finished basement has been issued a Certificate of Occupancy or that the improvements have been removed and the basement has been returned to its original `unfinished' condition and approved by the Town of Southold Building Department 5. Within one (1) year of the date of closing on the purchase of the residence, the applicant must provide the Town of Southold Zoning Board of Appeals with a copy of an approved STAR exemption, (deadline for STAR application is March 1, 2019). 6. Prior to the issuance of a final Special Exception Permit, the Chairperson and/or an appointed Member of the Town of Southold Zoning Board of Appeals shall re-inspect the premises and provide written acknowledgement to the ZBA office and the Building Department that all conditions have been satisfied. It is the owner/applicant's responsibility to contact the Office of the Zoning Board of Appeals to schedule this inspection. Page 5, February 7, 2019 #7258SE, Cristina Ilia— SUM No. 1000-86-4-1.4 7. This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department each year to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 8. This Special Exception permit cannot be transferred to new owners That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 minimis 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. This Resolution was duly adopted (4-0). (Member Acampora was absent) J Leslie Kan/es Weisman, Chairperson Approved for filing of / X /2019 =P.ECEVED,,S'S Town of Southold — Fire safety �g �,� , AUG 15 W9 Operating Permit 'tom * oniing ------------- Board WAppeals a Bed & Breakfast Known As Harvest Inn B&B °` Name of Establishment Conducted As Bed & Breakfast Type Of O=pancy Located At 40300 Rt. 25 Peconic, 11958 86-4-1 .4 Address Village SIB/L MAXIMUM OCCUPANCY (Allowed capacity) Area 4 Rooms Total 8 Is in compliance with the requirements of the New York State Uniform Fire Prevention and Building Code and thru ordinances of the Town of Southold applicable thereto and rules adopted thereunder The Owner/Operator Is responsible for arranging the inspection 1-Dec-18 1-Dec-19 Robert Fisher Date of Issue Expiration Date Fire Marsha! This Notice to be posted by the man entrance at all times BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �*rjF SyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • i� 54375,Main Road(at Youngs Avenue) Nicholas PlanamentoOI,YCouSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 i April 12, 2019 Cristina Illa and Ursula Sala-Ilia The Harvest Inn 40300 Main Road Southold,NY 11971 RE: ZBA File#7258SE - - - - -- - - ---Special Exception for a Bed &Breakfast 40300 Main Road, Southold, SCTM No. 1000-86-4-1.4 Dear Mss. Illa; On April 9, 2019, you submitted to our office a copy of an executed unrecorded deed transferring the above property into your possession. Along with the unrecorded deed, you submitted copies of utility bills as proof of residency, and a copy of email communications with your attorney explaining why it would take more than 30 days for the deed to be properly recorded with the Clerk of Suffolk County. At the Regular Meeting of the Zoning Board of Appeals held on April 11, 2019,the Board members reviewed your submittals and the list of conditions set forth in the Zoning Board of Appeals determination No. 7258SE, dated February 7,2019. Consequently, the Board voted to amend Condition 2 of the determination in order to GRANT you an additional 90 days from the date of the meeting to submit a properly recorded deed. If you have any questions, please contact our office. Sin re , eslie Kanes Weisman Chairperson cc: Joseph E. Kraus, Esq. i Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, April 10, 2019 11:10 AM To: Weisman, Leslie; Duffy, Bill Subject: Deed - Christina Ilia - Harvest Inn Attachments: 20190410100142.pdf Please see deed, not yet recorded/filed with the Suffolk County Clerk. Attached is correspondence from Ms. Illa's lawyer explaining why the deed is not yet recorded. Your thoughts? Also, the applicant has submitted Utility bills as examples of proof of residency pursuant to condition 3. Regarding Condition 4 of the ZBA decision, the applicant has informed me that the basement has been returned to its original unfinished condition. The applicants have been informed that they will be required to request an inspection by the Building Dept. Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownn .�goV Mail to:P.O. Box 1179, Southold, NY 11971 1 ��CE�VEd 11111111 Illi IIIII 1111)11111 IIIII IIIA VIII VIII IIII 1111 MAY 4 209 I1111111111111111IIIIIIII ZONINGBOARbOFAPPcALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 05/03/2019 Number of Pages: 4 At: 04:27:00 PM Receipt Number : 19-0087228 TRANSFER TAR NUMBER: 18-31198 LIBER: D00013010 PAGE: 782 District: Section: Block: Lot: 1000 086.00 04.00 001.004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $985,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO ,. Transfer tax $3,940.00 NO Comm.Pres $0.00 NO Fees Paid $4,335.00 TRANSFER TAX NUMBER: 18-31198 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 REWRDED Number of pages 2019 Pfau 03 04-.27:00 PM JUDITH A. PRSCALE CLERK OF This document will be public SUFF06K COUNTY record.Please remove all L D00013010 Social Security Numbers P 782 Di# 18-31198 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Sta Recording/Filing Stamps 3 1 FEES Page/Filing Fee a_ ortg 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 SubTotal Notation Spec./Assit. or EA-5217(County) SubTotal Spec./Add. EA-5227(State) TOT.MTG.TAX — Dual Town Dual County R.P.T.S.A. Held forAppointment ,,ll Comm.of Ed. 5. 00 Transfer Tax U Affidavit • �. Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. •t. Sub Total YES orNO LOther 3 , Grand-Total If NO, see appropriate tax clause on `` page k of this instrument. 4 Dist.1( 19013222 2000 08600 0400 001004 M 5 Community Preservation Fund Realr �Consideration Amount$ 060 Tax Service Agency AIMMUNE CP Tax Due $ Verification,-__ Improved 6 Satisfactions/Dlscharg RECORD&RETI PrNo[r yOwners Mailing Address Vacant Land Record and Return To: TD Superior Data Services,Inc. 188 Montague Street,Ste 1000 TD Brooklyn,NY 11201 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center 'Drive, Riverhead, NY 11901 Co.Name Signature Title Agency 8 Land Services LLC www.suffolkcountVny.gov/clerk Titlett STW-0195S118 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) Christopher Augusta The premises herein is situated in Datolyn Augusta SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southhold Cristina Ilia.Ursula Sale-Ilia In the VILLAGE Xavier Sala-l-Martin or HAMLET of Peconic BOXES 6 THRU 8 MUST BE-TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 11th day of March ,2019 BETWEEN CHRISTOPHER AUGUSTA and DAROLYN AUGUSTAfas husband and wife, residing at 40300 Main Road/Route 25,Southold New Your}11958 * d49 ep OY�� e 4 g �altt�eOG'�►l�US�� lot 0 party of the first part,and ietL Vu �t : 641 g rp @&8 h, CRISTINA ILLA and URSULA SALA-ILLA and XAVIER SALA-I-MARTIN, as tenants in common 'each as to a one-third interest r-Gd,d.1te3 a-r yoSoe z 5- party party of the second part, WITNESSETH,that the party of the first part,in consideration of X.OD dollars 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 SEE SCHEDULE"A'ATTACHED HERETO Being the same premises described in the deed to the parties of the first part herein by deed in(Liber 12278 at Page 83 etc...). Premises known as 40300 Main Road/Route 25,Southold,New York 11958. Premises designated as District 1000.Section 086.00,Block 04.00,Lot 001.004. c TOGETHER with all right,titre 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 has 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 consideration 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"when ever 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 PRESENCE OF: CHRIS HER A GUSTA �) a,. ' -f— DAROLYN ALICPSTA Standard N.Y.B.T.U.Forth 6002-Bargain and Sale Deed,wdh Covenant against Grantors Acta—Unirmm Acknowledgment Forth 3290 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York County of Nassau ss: State of New York,County of ss: On the 11 day of March In the year 2019 On the day of in the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared Christopher Augusta and Darolyn Augusta personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is satisfactory evidence to be the indlvidual(s)whose name(s)Is (are)subscribed to the within Instrument and acknowledged to (are)subscribed to ft within instrument and acknowledged to ms that he/shelthey executed the same in hh AherAheir me that helsheAhey executed the same in h 0witheir eapacWes), and that by hi"ho r signature(s) an the capacdypes), and that by hialherAheir signahure(s) on the instrument,the individual(s),or the rson upon behalf of which instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed th end. the Individual(s)acted,executed the instrument (signature and office of ind' ual taking acknowledgment) (signature and office of individual taking acknowledgment) SAl i$•_p AWWYOPM No.01 �t 'n ioY-1056awrY02•2022 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory,or Foreign Country)of _ ss: On the day of In the year before me,the undersigned,personally appeared personalty known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to rise that helshelthey executed the same in hLvbefteir capacity(les)•and that by hislherAheir signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument,and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and Insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowiedgment) 086.00 BARGAIN AND SALE DEED SECTION BLOCK .00 WITH COVENANT AGAINST GRANTOR'S ACTS _ LOT 001.004.004 S?� Tine No. - bl�Ss�l� COUNTY ORTOLAN Southold STREET ADDRESS Christopher Augusta and Darolyn Augusta 40300 Main Road/Route TO 25 Recorded at Request of Cristina Ilia,Ursula Sala-Ilia,Xavier Sala-I-Martin Abstracts.Incorporated RETURN BY MAIL TO: COOPERMAN LESTER MILLER CARUS,LLP 1129 NORTHERN BOULEVARD SUITE 402 MANHASSET.NEW YORK 11030 sc 1 SIGNATURE TITLE AGENCY AND LAND SERVICES LLC as Agent for Westcor Land Title Insurance Company SCHEDULE A DESCRIPTION Title Number:STW-0195SIl8 All that certain Lot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold,County of Suffolk,State of New York,known and designated as Lot No.2 on a certain Map entitled, "Map of Peconic Bay Cove",filed in the Suffolk County Clerk's Office on March 4, 1983 as Map No.7159,bounded and described as follows: BEGINNING at a point on the southeast side of Main Road(S.R.251 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; THENCE along the division line of Lots 1 and 2 as shown on the above-mentioned Map south 24 degrees 00 minutes 00 seconds cast 252.05 feet to the division 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 feet to the point or place of BEGINNING. FOR INFORMATION ONLY;NOT FOR POLICY: Being the same premises conveyed to the parties of the first part herein by deed recorded in Liber 12278 Cp.83 NOTE:The policy to be issued under this Commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY:Together with all the right,title and interest of the party of the first part,of,in and to the land lying in the street in front of and adjoining said premises. Premises more commonly known as:40300 Route 25,Peconic,NY 11958-1 504 County:SUFFOLK District: 1000 Section:086.00 Block:04.00 Lot:001.004 Schedule A Description Page I of I Monday,April 8,2019 at 6:29:19 PM Eastern Daylight'rime Subject: RE: Hello and Deed Date: Wednesday, April 3, 2019 at 2:38:25 PM Eastern Daylight Time 1 ' From: Joseph Kraus<jkraus@clmclaw.com> To: Cristina Ilia MdTgroup<cristina.illa@mdtgroup.com> CC: Ursula Sala-Ilia <ursulaxvii@icloud.com>, Barry Carus<bcarus@clmclaw.com> Category: IMPORTANT TO ACTION Cristina, attached please find the recorded Peconic Bay form which includes recording info. Hopefully this, together with a copy of the executed and notarized Deed that we already gave you, is sufficient proof to show the Town that you own the property. We were able to get this form only because there is a separate office at the County for filing the Peconic Bay form as opposed to the recorded Deed which goes to the main County recording office and can take months to be returned. Joseph E. Kraus,Esq. Cooperman Lester Miller Carus LLP 1129 Northern Boulevard, Suite 402 Manhasset,New York 11030 Direct Dial: (516) 365-1400 ext. 114 Fax: (516) 365-1404 Email:jkraus?q clmclaNv.cold Firm Website: tivivw.clmchnv.t:om NOTICE—PRIVILEGED AND CONFIDENTIAL: The information contained in this e-mail and attachment(s), if any, is legally protected pursuant to the Electronic Communications Privacy Act, 18 U.S.C.2510, et seq., inter alia,may contain privileged and confidential information and may be protected by attorney client and work product privileges.This communication is intended only for the use of each individual named above.If you are not an intended recipient,or any employee or agent responsible for delivering the message to the intended recipient,you are notified that any dissemination or duplication of this e-mail is prohibited. There is and shall be no waiver of any privilege or confidence by your receipt of this transmission. If you received this e-mail in error,please immediately notify us by e-mail or collect telephone call and then completely destroy the original message and all copies. From:Cristina Ilia MdTgroup <cristina.illa@mdtgroup.com> Sent:Thursday, March 28, 2019 4:54 PM To:Joseph Kraus<jkraus@clmclaw.com> Cc: Ursula Sala-lila <ursulaxvii@icloud.com> Subject: Re: Hello and Deed Thank you Joseph:) Best Regards Cristina Ilia I VP for US Operations MdT group New York—Miami—Las Vegas Phone+1212 868 1252 1 wwvi.mdtgroup.cosn We go Beyond From:Joseph''Kraus<jkraus cimclaw.cam> Date:Thursday, March 28, 2019 at 4:15 PM To:Cristina Ilia <cristina.illa@mdtgro pp com> Cc: Ursula Sala-Ilia<ursulaxviiCcDicloud.com> Subject: RE: Hello and Deed Examiner will try to get proof of recording either tomorrow or Monday. Joseph E. Kraus,Esq. Cooperman Lester Miller Carus LLP 1129 Northern Boulevard, Suite 402 Manhasset,New York 11030 Direct Dial: (516) 365-1400 ext. 114 Fax: (516) 365-1404 Email: jkiaiis%klmclaw.coin Firm Website: wwwA nc law.com NOTICE—PRIVILEGED AND CONFIDENTIAL: The information contained in this e-mail and attachment(s), if any,is legally protected pursuant to the Electronic Communications Privacy Act, 18 U.S.C.2510, et seq.,inter alia,may contain privileged and confidential information and may be protected by attorney client and work product privileges.This communication is intended only for the use of each individual named above.If you are not an intended recipient,or any employee or agent responsible for delivering the message to the intended recipient,you are notified that any dissemination or duplication of this e-mail is prohibited.There is and shall be no waiver of any privilege or confidence by your receipt of this transmission.If you received this e-mail in error,please immediately notify us by e-mail or collect telephone call and then completely destroy the original message and all copies. From: Cristina Ilia MdTgroup<cristina.illa@mdigrouR,com> Sent:Thursday, March 28, 2019 12:10 PM To:Joseph Kraus<'krl aus@clrnclaw.com> Cc: Ursula Sala-Illa <ursulaxvii@icloud.com> Subject: Re: Hello and Deed Thank you Joseph. I will wait until you have a chance to talk to the examiner and I will reach out to the town with the comments Best Regards Cristina Ilia I VP for US Operations MdT Group New York—Miami—Las Vegas Phone+1212 868 1252 1 www.m tgroup.com Page 2 of 25 x From:Joseph Kraus<%raus@clmclaw.com> Date:Thursday, March 28, 2019 at 9:59 AM To:Cristina Ilia<crisdna.iEla@mdtgroup.com> Subject: RE: Hello and Deed Title co advises their examiner will be in the office this afternoon and they will let me know status. Suffolk County deeds typically first get filed at Peconic bay and then get sent in to the County and the recorded deed can take months to be sent back. The Town has to know this so there needs to be some other proof that they can accept that you own the property. If they want a letter from us as your attorney or a letter from the title co or a copy of your title insurance policy...all of this should be sufficient proof that you are the owner. Joseph E. Kraus,Esq. Cooperman Lester Miller Carus LLP 1129 Northern Boulevard, Suite 402 Manhasset,New York 11030 Direct Dial: (516) 365-1400 ext. 114 Fax: (516) 365-1404 Email:jl«aUs c,clmcla-,v.com Firm Website: N"v,,Nwlniclaw.com NOTICE—PRIVILEGED AND CONFIDENTIAL: The information contained in this e-mail and attachment(s), if any, is legally protected pursuant to the Electronic Communications Privacy Act, 18 U.S.C.2510, et seq., inter alia,may contain privileged and confidential information and may be protected by attorney client and work product privileges.This communication is intended only for the use of each individual named above.If you are not an intended recipient, or any employee or agent responsible for delivering the message to the intended recipient,you are notified that any dissemination or duplication of this e-mail is prohibited. There is and shall be no waiver of any privilege or confidence by your receipt of this transmission.If you received this e-mail in error, please immediately notify us by e-mail or collect telephone call and then completely destroy the original message and all copies. From:Cristina [Ila MdTgroup<crisUna.illaPrndtgroup.com> Sent:Wednesday, March 27, 2019 9:24 PM To:Joseph Kraus<jl<rausclmcIaW.com> Subject: Re: Hello and Deed Hello Joseph Do you have any news from the Title company about proof of recording? This town is complicated and they are all by the book...and they gave us the B&B permit contingent to present the deed Thank you Cristina Ilia I VP for US Operations �MdT Group New York—Miami—Las Vegas Phone+1212 868 1252 1 www.mdtgroup com We go Beyond From:Joseph Kraus<jkraus clmclaw.com> Date: Friday, March 22, 2019 at 6:16 PM 70: Cristina Ilia <cristina.illa@rndtgroup.com> Subject: Re: Hello and Deed That is not in our control.The title cp submits it to the county for recording but it can take months for the recorded deed to be returned by the county.Will call title co on Monday to find put if there is some sort of proof,of recording that they can get for us., Sent via cell phone so please excuse typos and brevity. Joseph E. Kraus, Esq. Cooperman Lester Miller Carus LLP 1129 Northern Boulevard,Suite 402 Manhasset, New York 11030 Direct Dial:(516)365-1400 ext. 114 Fax:( ]_¢)365-1404 Email:jkraus@clmclaw.com Firm Website:-www.clmclaw.com --------Original message------- From:Cristina Ilia MdTgroup<cristina.illa@mdtgroup.com> Date:3/22/19 6:08 PM (GMT-05:00) To.Joseph Kraus<jkraus-clmclaw.com> Subject:Re: Hello and Deed Hello Joseph, Hope all is well :) We were required to present the deed to the Southold town in order to validate our B&B permit,but they told us that they cannot accept the one I have,as it needs to be recorded with the Suffolk County. Do you have it? We need to present it before the end of the month Thank you kindly. Page 4 of 25 �R AU TII'D1tZ`�� 2045 Route 112, Suite 5,Gram, New Y& 11727-3085 CRISTINA ILLA 40 March 14, 2019 40300 ROUTE 25 PECONIC NY 11958-1504 RE: Premise: 40300 ROUTE 25 Contract Account number: 3000789684 Security Code: 17248993 Dear CRISTINA ILLA, We want to take this opportunity to welcome you as a new customer of the Suffolk County Water Authority. The Authority has supplied pure, safe, constantly-tested and affordable water service to the residents of Suffolk County since 1951. Throughout the years we have been committed to providing exemplary Customer Service. Recently we upgraded our Customer Information System, centralized our staff, updated our meters and contracted with a language translation provider to offer over-the-telephone real time translation of several languages. In addition, we have instituted many convenient ways for you to electronically manage various aspects of your account. With our e-billing program, you can receive your bill electronically, setup automated payments from your checking or savings account, make a one time payment and view your current and past bills online. For more information or to sign up, go to www.scwa.com. (As a reminder, your first bill will include a $30 processing fee.) Our Customer Service Center stands ready to answer questions and respond to your service needs. Please feel free to contact us at 631-698-9500, 8:30am to 7:45pm, Monday through Friday, or 8:OOam to 4:15pm on Saturdays. You can also view our website at www.scwa.com anytime. All of us here at Suffolk County Water Authority look forward to serving you for many years to come. Sincerely, SUFFOLK COUNTY WATER AUTHORITY Customer Service Department 1 a ,/SCLM REF A10 RAD-AD- 0272 f �� AREA-.*O,5qgqgfr. 7=1 or wr/h the STANDARDS FOR APPROVAL ECEIVEI) �o AND CONSTRUCTION OF SUBSURFACE SEWAGE i DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES r and wr//o6Id.by/ha condillons seJ/or/h /heroin and an the �� 1 permi!to cons/rucI. .r ZONI G B)ARD OF APPEALS de I PP \� .N 00 - r �41� oLwell�^9 \� 01 - sT M nom. ' 4 �\ t�� = ``\d r' 37' 3G O I u CAUdMED � \ '1 nE 9' 35 C n E'M'C//i^g d ,� `, - - P6a %qe• neur ewrta jpS oky Os ` CERT/F/ED TOS \\ •� �fOotP�TH � _ JOSEPH COMO CHRISTICk NA COMO f\aha EED SURVEY OF ANYALMAMN &EPW low?QF Awr r AS PER sEcTAN rV Y`p` Z ALL cm SUBDI VISION MAP OF MWON AlE YALO fQ4 IQ INP AAD Ca`ES 71IIECLR'CALYF F NNOX AFIANEW ESSM �7 PECONOC BAY COVE AfY17xIM r To CWT Y KM&W Ur AE TaW AL M*V BY• R.m"4RCH 4 M"PRE No 7119 sE,;Pr,"1D"`L�"`�„ ' � A T PECOl1 NC ro.rM>t- eo "n WcnWLu TOWN OF SOUTHOLD SUFFOLK COUNTY N.Y. 1000 - 86 - 04 - .4 scab. 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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, Alen ' #7253 Bell, Jeremy&Kimberly 12255 Beirne,Edna W7256 Augusta, Darolyn& Christopher #7257SE Illa,-Cristina 47258SE 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 0 (631)853-5191 ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD,NEW YORK ®� Phone(631)765-1809 (631)765-9064 ACCESSORY BED and BREAKFAST IN EXISTING DWELLIING BOARD OF APPEALS APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: 3 Q vr�- Na f V e, 'V-0— Ap icant(s), Parcel Location: House Noq030D Street t-\N1 lJ - Hamlet c L Contact phone numbers: CII , 4 cl 5. oq,e�'- IVA SCTM 1000 Section S( - ' Block Lot(s) ie1Lot Size� 32-Zone District Imo© h&N„,,, „jee �t 0 V1 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with LI u F"the ZONING ORDINANCE,ARTICLE III,SECTION 280 , SUBSECTION 13(B)14 LJ� for the following uses and purposes: �` ��:a s � �� -W { as shown on the attached survey/site plan drawn to scale. A. Statement of Ownership and Interest: 1��- i"f YA 1-4- Gkr�t +-O P kZ4o' is�(at�the owner(s)ofproperty known and referred I 4_0 C_4_�i�k.da-- T LSA to as. u(s) M iP6 f KI LE)V'T aG©�t C_' (House No.,Street,Hamlet) identified on the Suffolk County Tax Maps as District 1400,Section�D_,Block _, Lot ,and shown on the attached deed. The above-described property was acquired by the owner on bctVbe,,�, 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 reasons: • ' ►1.Q/ `h d-ar�s-tSs"� T f dam- w-�` �� c.'� `f-�c�h0 �-`.-�� --b�--�t--Q-'ice C. In addition to meeting the standards prescribed by the zoning ordinance,the following requirements will be met: v1" The accessory B&B will be located only in the principal dwelling. <>p }- The owner of the premises shall occupy the existing single-family dwelling unit as the RECEIVED owners'principal residence. QaA A smoke alarm shall be provided on each floor and in every guest room. A fire safetjy otic shall be affixed to the occupied side of the entrance door of each bedroom for B&B use indicating; 1)means of egress,2)location of means for transmitting fire alanfislfiflagy' ;�,A&OF APPFALS 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. ,y. 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. 61 There shall be no exterior signage identifying the use as a Bed and Breakfast in residential areas. R- �-- Y No accessory apartment,as authorized by Section 280-13(B)(1(4, shall be permitted in or on premises for which a Bed and Breakfast is authorized or exists. ,$This conversion shall be subject to a building permit inspection by the Building Inspector and Renewal of Certificate of Compliance annually. -L--v _ The existing building,together with this Bed and Breakfast,shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (1,�'�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. (VJQ wv-ey 5:pow, D. The property which is the subject of this application is zoned` �- ��`"'` and [&,�as not changed since the issuance of the Certificate of Occup icy attached. [ ]has changed or received additional building permits,and Certificates of Occupancy for these changes are attached or will be furnished. (Signature) COUNTY OF SUFFOLK) ss.. STATE OF NEW YORK) Sworn to before me this-2-5 day of (NotaVy PuClic) C '�/y►%-i GSC. -� 5.ATE 0j Nancy Messer ioTaar a Notary Public,State of New York !Vo01ME6177256 3/12 % ' PUBLIC _ Qualified in Suffolk County •N�'µil ,� Commission Expires 11/13l201 el A PLICANT'S PROJECT DiESCRIPTION RECEIVEb (For ZBA Reference) cd�r�l� `� QV Q r�7Q?b Applicant: eNew ate Prepared: OFgap I. For Demolition of Existing Building Areas EqLs Please describe areas being removed: II. New Construction Areas(New Dwelling or ew Additions/Extensions): Dimensions of first floor extension: Pr 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: Ill. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe Building areas: Number ofFloors and General Characteristics BEFORE Alterations: Number of FIoors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: J Square footage of your lot: - Percentage of coverage of your lot by building area: J V. Purpose of New Construction Requested: �/P, VI. 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( )photos,labeled to show all yard areas of proposed construction after staldng corners for new construction),or photos of existing building area to n altered(area of requested changes). 7/2002; 2/2005; 1/2006 jI 1 f i RECEIVED QUESTIONNAIRE NOV 0 7 20fg FOR FILING WITH YOUR ZBA APPLICATION'ONING BOARD OF APPEALS A. Is the subject premis s liste on the real estate market for sale? Yes 7No . i w B, Are there any proposals to change or alterland contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 1 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? lj If yes, please label the proximity of your lands on your survey. I. Please list resent use or operations conducted at this parcel c-- q—ts and the proposed use (ex:existing single family,proposed:same with garage,pool or other) Author' sig an `� i2ECE%1 jE5� AGRICULTURAL DATA STATEMENT Noir @ �?0�� ZONING$QARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APpFALS WHEN TO ME THIS'FORM. The form must be completed by,the applacaitt for arty special rrse per frau site plata approva4 Arse variance,.,or subdivisions approval on properly within all agricultural district OR within 5'00 feet of a farna gperaddu located its agricultural dish*t All applications requiring an agricultural data state'ruent must be referred to the Suffolk Corarsty Department of Planning in accordance with sectiobs 239= rra at 239-;n ofthe Oeiieral Municipal L`ary 1)Name of Applicant;i)ccsr 2)Address of Applicant:_L- © O O M R-t �j V_b F�_ 3)Kafn6 of Land Owner(if other than applicant) 4)Address of Land Oisrner: _ 5)Degctiptioii of I'ropased Project:_ Y l cs i— gUA F 6)Location of Property(road and tax map number): M M tV 7)Is the paf0e-I withini an agricultural district? �To El Yes If yes,Agricultural District Number Ll No ❑Yes w_:+� 1 • 8)Is this patrol actively fiizixiedY 9) Name and address -of arty, owner(s) of land within the agricultural district containing active farm operation(s)located 500 feet of the boundary of the proposed project. (information may be Available thrvugh the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Towe Fall locations by viewing the parcel numbers on theTown of Southold Real Property Tax System. Name and Address 2. 3. 4. 5. 6. (Please use back side of page if more thin six property owners are identified.) The lot numbers tnay be obtained,in.advance,when requested from the Office of the Planning Board at 765- 1938 or the Zorting Board of Appeals at 765-1809. o-f ateNote:2 7i1.The local bolicit corniiients 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 copy of this statement. 2.6mments returned to the local board will be taken into consideratiop 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 mailing 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 ( i i Attachment to Agricultural Data Statement: RECEAT-D We were asked to provide the physical addresses for the following tax maps: Nov o, n �Uj8 86-1-15 Pindar Vineyards 4195 Main Road/Rt 25 ZONING BOARD OF APPEALS 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 RECEIVED NOV 0 7 2018 617.20 Appendix B ZONING BOARD OF APPEALS Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 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 1-Project and Sponsor Information cwc ( .a— �Y4r 15'-®P�x CX A �.��-�GC� f � �► ��v� Name of Action or oject: Project Location(descr!bCjnd attach a location map): Y © {� t tj Ro k�� Brief Description of Proposed Action: 4-0 Name of Applicant or Sponsor: } Telephone: t q9 (nq 04 _) $- _�_ 4�15+ E-Mail: o t N Address: U 403Oo City/PO: State: Zip Code: � ` 1.Does the proposed action only involve the legislative adoption of a plan,local Iaw,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. 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? A- acres b.Total acreage to be physically disturbed? "4 acres c.Total acreage(project site and any contiguous properties)owned /� or controlled by the applicant or project sponsor? t-J/A- acres 4. Check all land uses that occur on,adjoining and near the proposed action. � � 1:1 Urban ❑Rural(non-agriculture) El Industrial El Commercial [1l 6sidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page I of 4 5. Is the proposed action, MO YES N/A a.A permitted use under the zoning regulations? RKFl\/Er' b.Consistent with the adopted comprehensive plan? 1 ov a !W Zola ✓ VZ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? CONING BOARD OF APPEALS 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.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? s/ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 4:3 5-- 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 ❑Agriculturat/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 S ~ f Page 2 of 4 l 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? RECEIVED If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the locatton o 'an ac i e1drkd os AL-h 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; ��✓� "��a�0 Date: Signature: civ 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?" 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 IeveI 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 energy 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 DECEIVED Nov 0 7 2w, No,or Moderate small to large impact impact ZONING BOARD OF AP' HAf-, may occur 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 if you 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 1ZECEIVED APPLICANT/OWNER ®� �� TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts-of interest on thepfirt of town S of'this formis to provide information which can alert--the-town of possible confliets of interest and-allow it to-take whatever action is necessarv�to avoid same. YOUR NAME: ILLA CRISTINA (Last name,First name,middle initial,unless you are applying in the name of someone 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) B&B PERMIT_ 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 xxxx If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. i Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this_ 31 day of OCTOBER ,2018 Signature S 014 IKUL Print Name CRISTINAILLA RECEI\IED AGENT/REPRESENTATIVE NOV 0 7 200 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts-of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : ln-- I— 0--k-tt (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) , t— r�-E- 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 applicant/agent/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 Submitted this r day of 20-11S — Signature0-v Print Name OLV-C) if\..- -i— FORM NO. 4 Y- TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT ��9cs Office of the Building Inspector NOV 071 8 Town Hall 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 //Autl(orizedSignature Rev. 1/81 C Photos of the property at 40300 Main Road,Peconic NY attached: -A191 Please note-color photos,aerial views are also available on our website at www.harvestinnbandb com RECEIVED -Front of house -Guest parking area,with marked spaces for five cars -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 N 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 141,:`''� �y y� ��.� .J dlkj �ii�`�"�1 lw ..�r r �:/�, i � ' ��•d.r}, r7'�,:�Y/� ,�_ i �.:- '�•E%. 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Ilk It ii • y , $ a...s .�` °. � „�, '•a �. :�� ,� .�"^',�s �r `� •�. _3:�+fir <=k2 Ei �'' � r� a w ' „f 'W ''' .-..•dam' � �,� , �' z �-+Y"+r{,,{� _..�Rk �_ '+1 > r ' d 41 � #_4k. • ast�!, `° ILL +� I Ls Y� _ �4 r� "3 � r dfi P ds� AkAr vA y a 71 1 t a 4 a a' - a n s v¢ Ir � B` :3 i x , ma s ?5 ss � S ff �•. ..v�NtP.i,dr t E �_ .. u � 4 Al " f I rt A m. � »�_. y. i.,,d..�'F' __ . „�`, a +, 4.A�; �. .l ,__ ^� F ,� . 4 � ,� ?' � �k '.,� `: e l Y !�W a ...., k r �' r P � � � �� - � , _ s �, r _. m �� ;. � , 4 _ 1� s f 1 o � � `�3t � ��f 4 3 _ "�e j:�. *'. _ i .��.. h...�,.._ �, nn j ,1 �, � Y� p I � 1 m i x f 4 ¢ = �� , _•�l ,�: .� , fit -� ,�,'��.� ,,'�,. i, -� ,y 9i , - s i F r � Y r r R L iA M fw IF « a 4 r •M r, aI" Aw r r Me Aw �, Jeff AR Ar sm M Of 4 r r r X11!' IW F k j i> ;: x � � ate.• y 1 & ik is e� a k r « y a. 1 taS,N e• A. x S v ` t f R i _ � E a• ti �ri r� t 4' 4q yy S k � I f �f, g h • � Y a na , i s i' v. .. u: i x- r i , k • • - T 04 Y' y 1 �. '1 4 V. �rl i f1 1 •1 ` .I �f •' .. 1 1 1 i + 1f1J 1 Ya 44 1 ' 1 1 r 1 u_ e a ;9s# � 7 WO dp 46 j <'k sY : d 4 # 4k 40 ; 1 ' :k +1► f E 1 (17. a ;z.l_. 1p q i •._ n,� F g C(i d . V i iZ E:. t E, y� S3 ............. jl i yt 3 q► !. 40 ice . dt 10 #& �'�►- '� ...� ,,i, '�'` ''�� o' '�"° ;.�. a ., ... RECEIVED t {: 4.. d v N , } , I w Nil POP' CEqEp � 3 . ?» . © * \ za < . y ®d § I � 411 i r i AI � fF. i r r� f fi _ � a frR i f` try l IMFD-- pop t - r ALN f r • � `sem: 44 RECEI\fr-r' 'L NOV C 7 2018 ZONING BOARD 0 = ~y< �I��I�Illi � rly I d�Iil ° � f I r; d . ai :N Ax- x y x. v �`iLy ➢i q ` py h eAL .5 Tr 4 fi � N: ` € he 06 FiR W- ;z > r• t v ti ; »t dA } .n ,..� �� ` f` ''� .� .....,.w.,.,, m:,':�':. 3'�� ,; „ ` S� �=>�air .. s== H 3� m F .; ., f � ... ,. ', -. { �...... r... �.�,. �... .._. .. z��n. _:.. z ,.x, � � �� f. � 3i i .fe '� ; Y �� a �� 1n. .h!! .. 'v�1 Y. �_. I 5* Q`• � ` �r .e� � u �{ .. ��lii t* ;: rR' f ! � .Ft J4r `.�. Y y L� yy� Ya� i Z2. gtfi i .p { F i y � „rcaa 5.: � a yr a ki 1 s n ._ • y. _.. iMilly w - • r� L s r )dBr IIL7_r\� J ry4 F � dim J 1 g.. . S i,. t ,ECEIVru O�r' b _ „ e --mss � t ;, a.•- , ��;:;r= �. r ^ ; RECEIVED NOV 0 7 20 I IIIIIII IIII VIII VIII VIII VIII VIII VIII 111111111 IN ZONING BOARD OF APPEALS I Iillll VIII(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 EXAIINED AND CHARGED AS FOLLOWS Deed Amount: $985, 000 . 00 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 • Form 9002(9199)-20M—Bargain and _'Beed,with Covenants agamst G,�gntor's Acts—lndividu'I�_ 1 };orpora[ion. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMeNT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 1 st day of October 2003 and BETWEEN VED CRISTINA HESSEL,residing at 40300 Main Road, Peconic NY 11958 NOV -70NIIVG BOARD Olz APPEALS party of the first`part,and' CHRISTOPHER AUGUSTA and DARYLON AUGUSTA,both residing at 42 Saw Mill Road, Lebanon,NJ 08833 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the secon i 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 Bay Cove", filed in the Suffolk County Clerk's Office on March 4, 1983 as Map No. 7159, bounded 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; THENCE along the division line of Lots 1 and 2 as shown on the abdve-mentioned Map South 24 degrees 00 minutes 00 seconds East 252.05 feet to the division 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 feet'to 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 inLiber 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 has 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 foc the purpose of paying the cost of the irnprovement and wiii-appiy-1-- 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 P1UCS1.NCC OF: cmuNA H SSEL Acknowledgement taken in New York State Acknowledgement taken in New York State RECEIVED State of New York, County of SUFFOLK , ss: State of New York, County of , ss: NOVA�l� 2ffla i� 73 � On the 1 st day of Oct. , in the year 2 0 0 3 before me, On the day of , irh�Iy�a�OARD'OF APPEAL the undersigned„ personally:appeared ,the undersigned, personally appeared CiffRISTINA HESSEL personally known to me or proved to me on the basis of personally known to me or proved to me on the basis 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 MALONiEY � NOTARY PUBLIC,State,of New Y®ri, NdEary Publi No.01 MA6077560 Qualified in Nassau Coun�(o 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 in 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 ther same time individual made such appearance before the undersigned in the subscribed.his/hec'/.their_name(s)-as_a-vritness.thereto._____V--. (add the city or political subdivision and the state or country or other place the acknowledgement was taken). i Title No.: Tellus Abstract #T-1089 SECTION XMIM 86 HES_ SEL ” BLOCK M& - 4 LOT X 1'.004 _ TO COUNTY OR TOWN Suffolk Southold AUGUSTA 'RETURN BY MAILTO: - ONGIONI & BORELLI, , 300 PANTIGO PLACE, SUITE 115 Distributed by EAST HAMPTON, NY 11937 I� Chicago 11tle Insurance Company zip No. W - LL LL O Z - - cc O U W LL P ; N. 7 cr O t• _ W ' a ' W W 4 t _`W c 2 3 Number of pages 3 RECORDED TORRENS RECEIVED 4 15 2003 Oct. 16 11u14w54 PM Eduard P.Romaine Serial# NOV 0 CLERK. OF SUFFOLK COWITY' L D000 i.2 7`'� ` Certificate# 7-ONING BOARD OF At PEALS 0 Prior Ctf.# DT#,0-'-10823 Deed/Mortgage Instrument Deed/Mortgage,Tax Stamp Recording/Filing Stamps . 4 FEES—,., Page/Filing Fee Mortgage Amt. Handling ✓ 1.Basic Tax TP-584 5 2.Additional Tax Notation Sub Total' EA-52 17(County) Sub Total I / Spec./Assit. EA-5217(State) SpeOr c.%Add. RP.T.S.A. TOT.MTG.,TAX Comm.of Ed. 500 :z �A Dual-Town• Dual County `• ' Held ortionment Affidavit ►°�,1 �_♦ ransfer T i/ N�t Mansion Tax Certified Copy The prope'rty'covered-b'y this mortgage is or Reg.Copy will b'e improve'&by a one or two family Sub Total J ®o dwelling only. Other _ I T 1 YES or NO GRAND TOTAL If N^; see'a prdpr,i '.tax clause on page# of this-instrument. S Real Property Tax Service Agency Verification 6 Commuriity Preservation Fund Dist. Section B lock LotCo eration Amount $ SdC9 r Stall' 03041000 1000 08600 0400 001004 ; CPF_ ax-Due $ /k, 700 Date PTS Improved x —� R SFL A ` Initil 15-OCT-0 ; ' Vacant Land _T78 atisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD ONGIONI & BORRELLI TD 300 PANTIGO PLACE, SUITE 115 EAST IU'!PT0N, NY 11937 8 Title Company Information Co. Name Title# T-1089 9- -- - 6u(folk Cowity Record-Ing & Endorsement Page This page forms part of the attached DEED made by: 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 Dear Taxpayer.. Your satisfaction of mortgage has been filed in my office and I am.enclosinggth� ©�rigra i*P,"opy for your,records. 1 z-ON!1IG BOARD OF APP S 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. h �� Local property taxes are payable twice a year: on or before January 10 t `a'nd' on, of before May 31St. Failure to make payments in a timely fashion could'result 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. 1,1901 (516) 957-3004 (516)'727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street :Shelter Island-Towin'Hall^=.: Port Jefferson,N.Y. 11777 Shelter Island,N.Y.',`l f964' } (516)473-0236 (516j"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. 1.1787 , (516) 324-2770 (516) 360-7610 Huntington Town_ Receiver of Taxes_ Southampton Town Receiver of Taxes 100 Main Street 116'Hampton'Road Huntington,N.Y. 11743 , Southampton,IN.'Y,,,_11968 , (516) 351-3217 ;(51.6),283165,P4+,�, 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) 1971(516) 224-5580 (516)„7,65=1803 Sincerely;' YY' I dward?.,R6maine' ` Suffolk CountytClerk dw _ 2/99 f 12-0104::use TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ' DOX4 n V) FORMER OWNER N E ACR. S W TYPE OF BUILDING RES. , SEAS. VL. 1 FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 400 X, 10(P'7(-) Paa4V Zc ino`I cui - 40 f'o a . k," - 70 (�;bC, Z&O 06 3 11' 16,Z- 10 F It ID -L( zgp o 93- H e55e.) - -fe. o ws, . s o o n 0-5 t� c}c7 ©Q /, r'O O W ® _ V � Tillable FRONTAGE ON WATER o Woodland FRONTAGE ON ROAD a Meadowland DEPTH �- � � , > D House Plot BULKHEAD Tota '� r !ss rrs► •! r 5�� y� � �'2' �rA r•.�t 3 �. Is '1�"fi1 Mi�'S,� 7 1 t,k r: a� rN t o t v 4 e r ^r` rL .■■_ ■_ ■■M■■_■■■■,,I■■ ■ I N t; l �• -, � .�.'F ,'� ,rfrd .,V .c.ya -J1 NEON p �... U� ' I_� ` � 3 , '`� 1 r�7i 'I •��.' 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S--e,.` 1x.:-5 x,; x,-J :iti_:E?`�t.',a.�.r<v,.•r-.. �,erx, :.max•" ;, �vz&� 'a'ia�a7f-r:a=.."r{..,?•. '^'.F}w+':;:� '.'��:77 �i" ,l�, .i.'rc::ifav" ,ii.;x.ux:715"x ,,r;,-:..ai'��, ! t y Vii;^..�.. ,"r`•i..;Z:f' ;r,. �5;:vr`,o-x.,Tfi'"•tr;,�'�:c;:l:.•-, •Y'•,�.:''.r,,,�.��x•„tr 1,�s.,1`-•`'.',,,~ JV 's'::f,'.',�;: -�r'c�E�:r,,»�, � rw,,�'"�••- ., ;»:S1 I;U�Gi+r,� a�x�w-�.�ta,��i - t"r: ,,sN:�cr,a�L,i�`..-Yr� �t <�[.�,•,. ',rte.' K .^ n �S _,4; ; �� x H R' V r ° yNN B&B. max,,• ::M. .: : ::,=:a_ .�ItrJ^ -_`e'"- �^: ��yy aa^� ''3,, X37 �� ar r,z:.�a .r.-;.'•tcxrz-,;.,.;• „:,'r� ;";::.s - ., :.�. ,r-",�•�=•"�r,+tle r•`71,:x:i r,','y::.;u;•:3 1a'a^ ^rz�„•ay,v »• .” ..r ::u:"y qtr,7Y G- ' :Jt"`r' Name of PIiC ' Assembly:: r I 10F ° :x RR�iT;Y;.y� ZY- , :.N K� � Conducted a BED AND aAKFAST �g L, Place oss'mbly `' U.r rf•.^^tv'T.«.;;':Y, 4sdi'a',"ar; t�:tirr � «�,.`^^^.,"'t' A" 1'1 :,l4"it,,_.e1'1 rrx,::.�Y^,w'w 7.,3 •.1.�// Vii.. �^ tltt Locpmoit t ROUTE i, rr PECONIC :rw.pry; 86-4rv4kr4 'u.ear l r='�p:"? pw,;':*,•,:n�. ry'�.i°:�^ ' Addre'h :z Villageh:,,=j SIL - „1+,i1Yt;`7uv: s,r[d?}'r'rv�;Y G,,,.,'"C,y!,wr�ui z'acT :.„:, ,• !y4 ;('r c';,'a."t .t> 'rt::..._., :.^"='� '�'i '•.t�y} :,C: �1: _:�`^1::ia � '-r:; ^t,::t='.a'^'• "y.�.: t-:.:.��:.� �`c�r�,ra%.rz,�'1, crw',':Mu,: ..r N�;^".�1i,�•"^,`�^A: 1t `",5- _' •iik, 'a� �.;•;�� M, 6�II pro.- OCCUPANCY ..,w';L-`..'1.�.�»air.;r:w':(..:1�-:"..,x�i.✓,.::.t'..�.•'i'':3,:.+'1+x":.«.'.-....,::.'� _ v� Y ...n .. ... 1;.=...."L"1r (Allowed Capacity) TOTAL 5 rmo1 0 Guests G) 2 CD Is in compliance with the requirements of NYCRR 96 and the New York State Uniform Fire Prevention and Building Code, and the o ordinances of the Town of Southold applicable thereto and rules adopted thereunder. Expiration is (1) year from date of issue, a a' In compliance with Town Code the operator is responsible for arranging for the annual inspection. o DEC. 2017 Robert Fisher Date of Issue Fire Marshall This notice must be posted by the main entrance at all times. ( 4l '.This certificate is attached to a _page document dated L Q entitled �� L 311..K owLED mENT CFRTNICAT'E' RECEIVE State ofQPAA 5 County of NOV 7-CININ(3 BOARD OF APPEALS Before me, I \'e`er ,on this �Y day personally appeared 1 Name of Notaryublic Name of signer(s) to be the person(s)whose name(s) Ware 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 ' — day Year Notary Public's Sign e Signer's Identity verified by: ,��yroN Messer ersonally known to me r �ioraav'. Notary Public,State of New York x; �•® *J, No O1ME 6177256 -usuc,:` I Qualified in Suffolk Countytit ❑ Identity proven on the oath Commission Expires 11/13120.- `., Name of credible witness ❑ Identity proven on the basis of (Seal) Idmuty cerd ar other*.=vt Copyright @2011 American Association of Notaries,Inc. PO Box 630601 Houston,TX 77263—1-800-721-2663 www.usnotaries.com ---- —— — .r! '.This certificate is attached to a 2 page document dated(�ntitled n ACKNOWLEDGMENTI CERTIFICATE &ME'V4 5�State of � County of �— NOV 0 Before me, ZONING BOAR qj.A EAL� ame of Notary Public day personally appeared >("1 m C... 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 'D��day ofCA Year otary Publi s 'i ature Signer's Identity verified by: ,rye pT Nancy Maser - Personally known to me rNOT-1. 't Notary Public,State of New York *? a.v *i No DIME 6177256 Identity proven on the oath oUBLIC:; I Qualified in Suffolk County C, - _ Name of credlblewltness ;SNP Commission Expires 11/13/20 entity proven on the basis of (Seal) 41al ldenOly card ar alher document Copyright 012011 American Association of Notaries,Inc. PO Box 630601 Houston,TX 77263_1-500-721-2663 www.usnotaries.com �r Tom, i October 25, 2018 RECEIVED Noy 17 2018 To:The Southold Town Zoning Board of Appeals ZONING BOARD OF APPEALS From: Christopher and Darolyn Augusta,Owners of The Harvest Inn Bed and Breakfast Copy To: Cristina Illa, New Owner 40300 Main Road/Rt 25 Peconic, NY 11958 (PO Box 177) Re: New B&B Permit for Buyer, Cristina Illa 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 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 Illa (new owner scheduled to close on o_r 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. Cristina Ilia,the new owner will provide a "sworn affidavit"to the ZBA and will follow-up with proof 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 our1A beautiful community.Cristina actually discovered us as a guest of the Inn! RECEIVED Leslie has included us on the January calendar of the ZBA. We can follow up with any neff[yco Q 7 2098 information to ensure a smooth transition. Contact us anytime at 631.495.0904. ZONING BOARD OF APPEALS Darolyn Augusta 4ChristoAugu/sta ��Jvs✓ RECEIVED October 25th, 2018 NOVO 7 2W ZONING BOARD OF APPEALS 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 Ilia, 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. ----� � ------------- -------- Signature/Date TEoF• Nancy Messer Notary Public,State of New York * f•� * No01ME6177256 C ri st i n a Ilia Qualified inSuffolk County '6 CommissionExpires11A X0+, r i RECEIVED October 29,2018 NOV ® 7 2018 Hello Leslie, ZONING BOARD OF APPEALS Attached please find 8 copies of the joint application for the B&B permit for Cristina Ilia,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 BOARD MEMBERS ®� S®PJ Southold Town Hall Leslie Kanes Weisman,Chairperson y�� - rl�®� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location. Eric Dantes Z=- Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®f ro �� { Southold,NY 11971 http://southoldtownny.gov 7ab� 5 ZONING BOARD OF APPEALS (RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 Nov 0 7 2098 ZONING BOARD OF APPEALS October 31,2018 Darolyn Augusta 40300 Main Road Peconic,NY 11958 Re: Accessory Bed and Breakfast Application(Harvest Inn) Dear Ms. Augusta : t 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. 9,1'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. W-111survey needs to show parking areas : two owner spaces, one space for each B&B bedroom. e'-'—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. A"72"SL If you have any questions,please feel free to call at any time. RECEIVED Very truly yours, Nov 0 7 20 ZONING BOARD OF APPEALS t1abeth Sakarellos lerk/Typist • • • • • ON ® Complete items 1,2,and 3. �Sygn e ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee Attach this card to the back of the mailpiece, tRecelved by(Pante a C. Date of Delivery • or on the front if space permits. 1 I 1. Article Addressed to: D. Is delive rens different from item 1? ❑Yes 'Dc,V--b' VN � If YES,enter delivery address below: 13 No Iva lel w`S Oro 300 II IIIIII IIII III I II I III I II I II I III I I II II IIII III 3. Service Type ❑Priority reI Expresso ❑Adult Sign13RegiRegistered tereddMaiIT"' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 2663 6336 3018 78 ❑Certified Mail Restricted Delivery ❑Return Receiptfor ❑collect on Delivery Merchandise Y 2. Article Number ransfer from service!g22/L—, ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT" (T ❑Signature Confirmation r�y dry1S ,j t S lllti' 9 dsdrtlTha R�sc>' }15e� ry i I Restricted Delivery a (over$500) PS Form 3811,July_2015 PSN 7530.02-000-9053 _ _ _ Domestic Return Receipt y i `n of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/14/18 Receipt#: 249693 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7258SE $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#337 $750.00 Illa, Cristina Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Illa, Cristina 635 West 42nd Street Apt 22K New York, NY 10036 Clerk ID: JENNIFER Internal ID:7258SE ELIZABETH A. NEVILLE MMC ®�'®g�Ff®L�c® Town Hall,53095 Main Road TOWN CLERK �� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,f, ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �Q� �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 14, 2018 RE: Zoning Appeal No. 7258SE Transmitted herewith is Zoning Appeals No. 7258SE For Cristina Illa: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) __,,/_Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos ,/Correspondence-LA.14-cc fo 2$A WAS/119, Lt4Afx+y Wti c. 101?A.11 T ,L41+" +0'b. PtA"S -o` 101311 IT J Copy of Deed(s) }Sworn aff%c1a,%, - Building Permit(s) Property Record Card(s) ./ Survey/Site Plan Maps- Drawings ✓ Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) _/ Misc. Paperwork- �}c�c Howlivwc�Y,,i �.�r�-i�►C��'LS i L + January 10, 2019 AN 10 V 2019 � 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 3rd 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 Ilia 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. 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 personal 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 Ilia January 4th, 2019 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 31st, 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. - -- - ------------ ©tP1---------- Signature/Date Ursula Sala-Ilia RtST ER ON JOHNSON o ublic-State of New York NO.OlJOb292492 Qualified in Putnam County My Commission Expires Nov 4,2021 N0 ?o19 v� v� r� OPERATING AGREEMENT THIS OPERATING AGREEMENT (this"Agreement"), dated as of December 14, 2018,by all of the members set forth on ExhibitA annexed hereto(the"Members"). WITNESSETH: WHEREAS,the Members desires to provide by this Agreement for the ownership and management of ESSOMIZC(the"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 ExhibitA (the"Interest"). 4. Management. Cristina Illa 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 shal I 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 31" 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. 9r Limited Liability of Member and Manager-. No Member or Manager shall be li# for Company obligations. 1 P\clients\7701 Ilia Cnsnna\docs\Operating Agmt". cyc LLC doc. z S,15 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 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 F\clients\7701 lila,Cristma\docslOperaung Agmt Esseye LLC docx c IN WTTNESS WHEREOF, the Members and Managers have executed this Agreement on behalf of the Company and on their own behalf. Cristina Ilia, Member and Manager ►16 Ursula XVII Sala-Illa Member ��-_� Xay.Y Sala-l-Martin ember 3 F%clients\7701 Ilia,Cnsnna\docs\Operating Agmt.Esseye LLC docs r EXHIBIT A MEMBERS AND INTERESTS Name of Member dnterest Cristina Ilia '40% Ursula XVII Sala-Ilia 30% Xavier Sala-I-Martin 30% 4 ' F\c1tents\7701 Ilia,Cnshna\docs\Operating Agmt Esseye LLC doca Vv 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 MY^WTGVGS}L--LC"(the"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. Manasement. Cristina Illa 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 3151 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 Manager. No Member or Manager shall -be liable for Company obligations. - 1 Fkhents\7701 Ilia,Cnstma\docsfterating Agmt My Wings LLC.docx 10. Standard of Liabilitv. 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 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 Plclients\7701 Ula,CristinMdocs\Operating Agmt.My Wings LLC doca I r a�$ S� 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-Ilia Member 3 Bdients17701 Ilia,Cristinaldocs\0peranng Agmt.IvIy Wings LLC docx r I EXHIBIT A MEMBERS AND INTERESTS Name of Member Interest Cristina Ilia 50% Ursula XVII Sala-Illa 50% FAclients\7701 Ula,Cnstma\docs\Opemtmg Agmt My Wings LLC doca f JQ/ Fuentes, Kim From: Fuentes, Kim Sent: Monday, December 31, 2018 8:13 AM To: Duffy, Bill; Eric Dantes; Dantes, Eric; Weisman, Leslie; Planamento, Nicholas; Patricia Acampora; Rob Lehnert Cc: Westermann, Donna Subject: #7258SE Illa - Harvest Inn Attachments: 20181231070624.pdf See attached contract of sale from Augusta to Illa— Bed & Breakfast. Looks like an LLC is the purchaser. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road D C��11 V Southold, NY 11971 �' -' " 631-765-1809, Ex. 5011 DEC 3 1 20181 E-mail:kimf@southoldtownnv-gov � � Si' BY:---m®--mm 1 �� v Reshergs�on7roci of Sale 71200a - , Jointly prepared by the Real Property Section of fife New York Stale Bar Association,the New York State Land Title Association,dre 1 Committee on Real Property Law of the Association of the Bar of the City of New York and the Committee an Real Property Lau,oftire Neu,York CorintyLawyers'Associariat. RECEIVE® WARNING: q�i NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE DEC 2�Its COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT F APPEALS NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. ZONING BOARD® 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 different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply.One pari oftbat law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Residential Contract of Sale Contract of Sale made as of b Z c,c�+� �, BETWEEN Christopher Augusta and Darolyn Augusta Address: 40300 Main RoadlRoute 25,Peconic,New York 11958 Social Security Number/Fed.I.D.No(s): hereinafter called"Sellers"and ESSEYE LLC,having an address at clo Cooperman Lester Miller Carus LLP,1129 Northern Blvd,Suite 402,Manhasset, NY 11030 Social Security Number/Fed.1.D.No(s): hereinafter called"Purchaser". The parties hereby agree as follows: 1. Seller shall sell and convey and Purchaser shall purchase the property,together with all buildings and improvements thereon (collectively the"Prcmises'l,more fully described on a separate page marked"Schedule A",annexed hereto and made a part hereof and also known as: Street Address: 40300 Main Road/Route 25,Pcconic,New York 11958 PREMISES: Tax Map Designation:District I000,Section 086.00,Block 04.00,Lot 00LON Together with Seller's ownership and rights,if any,to land lying in the bed of any street or highway,opened or proposed,adjoining the Premises to the center line thereof;including any right of Selter to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason ofchange ofgmde of any street or highway, Seller shall deliverat no addilional cost to Purehaser. at Closing(as herelaafter delined),or thereafter,on demand,any documents that Purchaser may reasonably require for the conveyance of such title and the assignment and collection ofsuch award or damages. 2. This sale also includes all fixtures and articles ofpersonat property now attached or appurtenant to the Promises,unless specifically excluded below. Seller represents and warrants that at Closing they will be paid for and owned by Seller,free and clear of all liens and encumbrances,except any existing mortgage to which this sale may be subject. They include,but are not limited to,plumbing,heating, lighting and cooking fixtures,chandeliers,bathroom and kitchen cabinets and counters,mantels,door minors,switch plates and door PERSONAL hardware,venetian blinds,window treatments,shades,screens,awnings,storm windows,storm doors,window boxes,mail box,TV PROPERTY-. aerials,weather vane,flagpole,pumps,shrubbery,fencing,outdoor statuary,tool shed,dishwasher,washing machine,clothes dryer, garbage disposal unit,range,oven,built-in microwave oven,refrigerator,fire=,air conditioning equipment and installations,wall to wall carpeting,security system and built-ins not excluded below(strike out nmpplicable items). ALL IN "AS 1S"CONDITION and AS PRESENTLY EXISTING IN THE PREMISES Excluded from this sale are furniture and household furnishings and 3. no purchase price is And shall be payable as foltows: (a)on the signing ofthis contract,by Purchaser's good check payable to the Escrowee(as hereinafter defined),subject to collection,the receipt ofwhich is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract(the"Downpayment"): PURCHASE (b)by allowance for the principal amount unpaid on the existing mortgage on the date PRICE: hereof,payment of which Purchaser shall assume by joinder in the deed: g.� (c)by a Seller's Concession:Purchase price has been increased by an amount equal to the Sellers Concession S-0- (d)balance at Closing in accordance with paragraph 7- 4. (a) ises shall be waveyed L44nterea eat&Rfr, wlrieir-insfudsprtaes.P Rrarest ="- `,e EXISTING OR!ame J y a o the amei 1(b),then 6110 balme es uRdeF MORTGAGE: temp �R� �� meunFshawala hereet and 6tesing o de beE♦veea tha date pay-the-affmRM.Few-eem,111 lei RAHArm 6. v a �y��'sIlarraC aFm r Dei�iifleoto datedaFBt�lrB f the hol ag ro-Glosnt-_ containing!be Rye"- -to R-Irchn—ser n9te�5£EnFed-tIlOF& a -5 net now-,a-Rd3tthe time oFGtosinod-wi4 flat be in default#tmFdlatOpajYB EB purehasoin hu ChA Ron Mme Asa=ei_ation�PuFghasef shall pay a& ee-ePtfr� � 5 �Jct+ts and-theattor{t�Rs fees in-t119 anta+utAof S '...�� 'URCHASE me ey not hall also pfeAde that it is subjest and subordinate to the Rea dGNEY �jg tttrest�aEethafe6€5Ita11 AORTGAGE A4 net-bagrPateHhan pet�aFpertanumaad�HetetaFdebtserNise•tHereandsr-sitatiatsti+e•greatsr�han-$-- —pee asnun> artd(ti}i€iHe prinsipai etnetxtt tHoras€sHa}i sheeEd tlte,tateunt sf�rinsipa}evtingand unpaid�n 4He ert+stiagmeHgage aN1te �� time-of-piasin��..�a:-n-�-;,teAgage-ar�enssiidaled-taertgage,-tHs.a+.sass-be-paid�s-rite-Heider£•susi;-pstsltese-msaap-meH�tge-in wdastisn-o�the-prinsipal-Nter.."r�rehase-tnoney-ins#gage-sHaN-else-previda-that-sttetrpaymaottellte-He[dentHareetshaiktet alter-or-at2'est-lite-regttla�instaikuents5-i€nay,-e�prin6ipal.payitble-tHerennder••nttd-tltaHhe4tsldsr-Wereef-+vi{l,on-deatmui-and-wiSteat charge-titerefer,exasute�3skaaivisdgeand•deliver-atryagrestnsat-ecagreemeats-further•teaG'esheafe-sush3uberdinatienj G. (a)Seller's attorney("escrowee")shall hold the Downpayment in escrow,in a segregated bank account at Signature Bank,located at 900 Stewart Avenue,Garden City,NY 11530 until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph. Escrowee shall hold the Downpayment in a(n) NON interest- bearing account for the benefit of the parties. If interest is held for the benefit of the parties,it shall be paid to the party entitled to the )Ow,iPAYMENT Downpayment and the party receiving the interest shall pay any income taxes thereon. I finterest is not held for the benefit oftho parties, N ESCROW the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by late. The Social Security or Federal Identification numbers of the parties shall be Furnished to Escrowee upon request. At Closing,the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives Notice(as defined in paragraph 25)to Escrowee demanding payment of the Downpayment,Escrowee shall give prompt Notice to the other party of such demand. IFEscrowec does not receive Notice of objection from such other party to die proposed payment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment. if escrowee does receive such Notice of objection within such 10 day period or if for any other reason Escrowee in goad faith shall elect not to make such payment,escrowee shall continue to hold such amount unfit otherwise directed by Notice from the parties to this contract ora final,non appealable judgment,order or decree ofa court. However,Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises arc located and shall give Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph.Escrowee shall be relieved and discharged of all further obligations and respaastbilities hereunder. (b)The parties acknowledge that Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally(with right of contribution)agree to defend(by attorneys selected by Escrowee),indemnify and hold Escrowee harmless from and against all costs, claims and expenses(including reasonable attomeys'fees)incurred in connection with the performance of fiscrowee's dudes hereunder, except with respect to actions or omissions taken orsuffered by Escrowee in bad faith or in willful disregardofthis contract or involving gross negligence on the part of Escrowee. (c)Escrowee may act or refrain ftam acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it(including any member of its firm)and shall be fully protected in so acting or refraining from action upon the advice of such counsel. (d)Escrowee acknowledges receipt ofthe Downpayment by check subject to collection and Escrowees agreement to the provisions ofthis paragraph by signing in the place indicated on the signature page of this contract. (e)Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in possession of the Downpayment and continues to act as Escrowee. (f)"the party whose attorney is Escrowee shall be liable for loss of the Downpaymcnt. 7. All money payable under this contract,unless otherwise specified,shall be paid by. (a)Cash,but not over$1,000.00; (b)Good certified check of Purchaser drawn on or official check issued by any bank,savings bank,trust company or savings and loan association having a banking office in the State of New York,unendorsed and payable to the order of Seller,or as Seller may ACCEPTABLE otherwise direct upon reasonable prior notice(by telephone or otherwise)to Purchaser, Fumm (c)As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of $500.00;and (d)As otherwise agreed to in writing by Seller or Seller's attorney. 8. (Delete paragraph ifirrapplicoble. For ezplanatim see Notes on Mortgage Commitment Condngeney Clause.) (a)The obligation ofPurehaser to purchase under this contract is conditioned upon issuance,on or before 45 days after a fully executed copy of tris contract is given to Purchaser or Purchaser's attorney in the manner set forth in paragraph 25 or subparagraph 80) (the"Commitment Date"),of a written commitment from an institutional Lender pursuant to which such institutional Lender agrees to make a first mortgage loan,other than a VA,FHA or other governmentally insured loan,to Purchaser,at Purchaser's sole cost and expense,of$500,000.00 for a term ofat least 30 years(or such lesser sum or shorter term as Purchaser shall be willing to accept)at the MORTGAGE prevailing fixed or adjustable rate of interest and on other customary commitment terms(the"Commitment). To the extent a COMMITMENT Commitment is conditioned on the sale of Purchaser's current home,payment of any outstanding debt,no material adverse change in CONTINGENCY, Purchaser's financial condition or any other customary conditions,Purchaser accepts the risk that such conditions may not be mel; however,a commitment conditioned on the Institutional Lender's approval ofan appraisal shall not bedeemed a"Commitment"hereunder until an appraisal is approved(and if that does not occur before the Commitment Date,Purchaser may cancel under subparagraph 8(e) unless the Commitment Date is extended). Purchaser's obligations hereunder are conditioned only on issuance of a Commitment. Once a Commitment is issued,Purchaser is bound under this contract even if the lender fails or refuses to fund the loan for any reason. (b)Purchaser Shall(!)make prompt application to one or,at Purchasers election,more than one Institutional Lender for amortgage loan in the amount of$500,000.00,(ii)famish accurate and complete information regarding Purchoscr and members of Purchaser's family,as required,(iii)pay all fees,points and charges required in connection with such application and law%(iv) pursue such application with diligence,and(v)cooperate in good faith with such Institutional Lender(s)to obtain a Conunitment. Purchaser shall accept a Commitment meeting the terms set forth in subparagraph 8(a)and shall comply with all requirements of such Commitment(or any other commitment accepted by Purchaser). Purchaser shall furnish Seller with a copy of the Commitment promptly after receipt thereof. (c) (Delete this subparagraph ijinapplicable) Prompt submission by Purchaser of an application to a mortgage broker registered pursuant to Article 12-D of the Now York Banking Law("Mortgage Broker")shall constitute full compliance with the terms and conditions set forth in subparagraph 8(b)(t),provided that such Mortgage Broker promptly submits such application to such Institutional Leader(s).Purchaser shall cooperate in good faith with such Mortgage Broker to obtain"Commitment from such institutional Lender(s). (d) If alt Institutional Lenders to whom applications were made deny such applications in writing prior to the Commitment Date. Purchaser may cancel this contract by giving Notice thereofto Seller,with a copy of such denials,provided that Purchaser has complied With all its obligations under this paragraph 8. (e) If no Commitment is issued by an Institutional Lender on or before the Commitment Dale,then,unless Purchaser has accepted a written commitment from an Institutional Lender Orat does not conform to the terms set forth in subparagraph S(a),Purchaser may cancel this contract by giving Notice to Seller within 5 business days after the Commitment Date,provided that such Notice includes the name and address of the Institutional Lender(s)to whom application was made and that Purchaser has complied with all Its obligations under this paragraph 8. (f) If this contract is canceled by Purchaser pursuant to subparagraphs 8(d)or(e),neither party shall thereafter have any further rights against,or obligationsor liabilities to,the other by reason of this contract,except that the Downpaymem shall be promptly refunded to Purchaser and except as set forth in paragraph 27. (g)IfPurchaserfallstogivetimelyNoticeofcancellationorifPurchaseracceptsawrittencommitmentfromanInstitutionalLender that does not conform to the terms set forth in subparagraph 8(a),then Purchaser shall be deemed to have waived Purchasers right to enncel this contract and to receive a refund of the Downpayment by reason of the contingency contained in this paragraph S. (h)I£Seiler has not received a copy ofa commitment from an institutional Lender accepted by Purchaser by the Commitment Date, Seller may cancel this contract by giving Notice to Purchaserwithin 5 business days after the Commitment Date,which cancellation shall become effective unless Purchaser delivers a copy of saeh commitment to Seller within 10 business days after the Commitment Date. After such cancellation neither party shall have any lbrther rights against,or obligations or liabilities to,the other by reason or us contract,except that the Downpayment shall be promptly refunded to Purchaser(provided Purchaserhas complied with all ils obligations under this paragraph 8)and except as set forth in paragraph 27. (i)For purposes of this contract,the term"Institutional Lender"shall mean any bank,savings bank,private banker,trust company, savings and loan association,credit union orsimiiar banking institution whether organized under the laws of this state,the United States nr any othrr ilP}r'fnreion hnnkinv m—milm lirrnaM by ihr&vi rintotndrnt nfRPPitC nfNMv wort[or frontal Pit by tt,n(�Amntrnitpr of the Currency to trnnsaet business in New York State;insurance company duly organized or licensed to do business in New York Stale; mortgage banker licensed pursuant to Article 12-D ofthe Banking Law;and any Instrumentality created by the United States or any state with the power to make mortgage loans. Q) Far purposes of subparagraph 8(a),Purchaser shall be deemed to have been given a fully executed copy of this contract on die nn kLLAWANCL FOR third business day following the date of ordinary or regular mailing,postage prepaid,or if via email on the date of emaillug, �fJ1 JNPAiDTAxES, 7C. 9. Tire Premises are sold and Shall be conveyed subject to: , (a)Zoning and subdivision laws and regulations,and landmark,historic or wetlands designation,provided that they are not violated A(' ISE OF PURCHASE by the existing buildings and improvements erected on the property or their use; 'Riwro REMOVE (b)Consents for the erection of any structures on,under or above any streets on which the Premises abut; :NCUMURAFICES: (c)Encroachments of stoops,areas,cellar steps,trim and comlces,if any,upon any street or highway; (d)Real estate taxes that are a lien,but aro not yet due and payable;and (e)The other matters,if any,Including a survey exception,set forth in a Rider attached. 10. (a)Seller shall comply with all notes or notices ofviolations of law or municipal ordinances,orders or requirements noted or issued asofibe date ofclosing by any governmental department having authority as to lands,housing,buildings,fire,health,environmental and 0 labor conditions affecting file Premises.The Premises shall be conveyed free of them at Closing. Seller shalt furnish Purchaser with any Tmilauthorizations necessary to make the searches that could disclose these matters. NCEPTIONS! 11. (a)Seller represents and warrants to Purchaser that: (i)The Premises abut or have a right of access to a public road; (ii)Seller is the sole owner ofthe Premises and has the full rlgb4 power and Authority to sell,convey and transfer the same in accordance with the terms of this contract; !OV1oVER�NMENTAONS D (iii)Seller is not a"foreign person",as that term is defined for purposes ofthe Foreign investment in Real Property Tae Act, Interna!Revenue Code("IRC")Section 1445,as amended,and the regulations promulgated thereunder(collectively"FIRPTA"); JRDW: (tv)The Premises are not affected by any exemptions or abatements of taxes;and (v)Seller has been known by no other name for the past ten years,except LL.ER'S (b)Sel ter covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at PRESENTATIONS: Closing. (c)Except as otherwise expressly set forth in this contract,none of Seller's covenants,representations,warranties or other obligations contained in this contract shall survive Closing. 12, Purchaser acknowledges and represents that Purchaser is filly aware of the physical condition and state of repair of the Premises and ofall other properly included in this sale,based on Purchaser's own Inspection and investigation thereof,and that Purchaser is entering into this contract based solely upon such inspection and investigation and net upon any information,data,statements or representations, written or oral,as to the physical condition,state of repai,use,cost of operation orany other matter related to the Premises or the other property included in the sale,given or made by Seller or Its representatives,and shall accept the same"as is"in their present condition and state afrepair,subject to reasonable use,wear,tear and natural deterioration between the date herenfand the date of Closing(except as otherwise set forth in paragraph 16(e)),without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contract. Purchaser and its authorized representatives shall have the right,at CONDITION OF reasonable times and upon reasonable notice(by telephone or otherwise)to Seller,to inspect the Premises before Closing. PROPCRT4: 13, Seller shall give and Purchaser shall accept such title as any REPUTABLE NY TITLE CO.(hired by Purchaser)shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department,subject only to the matters provided for in this contract. 14. (o)"Closing"me ansthesetQementoftheoblfgationsofSetterandPurchasertoeacpotherunderthiscantract,fnclvdingthepayment of the purchase price to Seller,and the delivery to Purchaser of a BARGAIN AND SALE DEED�vitli covenants against grantors'acts in paper statutory short form for record,duly executed and acknowledged,so as to convey to Purchaser fee simple title to the Premises, INSURABLE free ofaT1 encambranas,except aS otherwise heroin stated.The deed shall contain a covenant by Seller as required by subd.i of Section TITLE: 13 of the Lien Law. (b)If Seller its a corporation,it shall deliver to Purchaser at the time of Closing(!)a resolution of its Board of Dlmctors authorizing the sale and delivery ofthe deed,and(ii)a certificate by the Secretary or Assistant Secretary ofthe corporatlan certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 ofthe Business Corporation Law. CLOSING, The deed in such case shall contain a recital sutfeicnt to establish compliance with that Section. DEED AND 15. Closing shall take place at the office of Seller's Attorney,at l0:00am o'clock an or about January 31,2019,or,upon notice at the TM 6: office ofLenderattorney,located within Suffolk County or]Nassau the County of the-PFep". 16. This contract and Purchaser's obligation to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a)The accuracy,as ofthe date of Closing,ofthe representations and warranties of Seller made in this contract. (b)Thedelivery by Seller to Purchaserofa valid and subsisting Certificate OfOccupancy orother required certificate ofcompliance, Cwsmc;DATE or evidence that none was required,covering the building(s)and all of the other improvements located on the property authorizing their AND PLACE: use as a ONE family dwelling at the date of Closing. (c)The delivery by Seller to Purchaser of a certificate stating that Seller is not a foreign person,which certificate shalt be in the form then required by FfRPTA ora withholding certificate From the LRS.if Seller fails to delivcrtho aforesaid certificate or if Purchaser CONDITIONS is not entitled under FIRPTA to rely on such certificate,Purchaser shall deduct and withhold from the purchase price asum equal to 150/. TOCLOSING: thereof(or any lesser amount permitted by law)and shall at Closing remit the withheld amount with the required fomes to the Internal Revenue Service. (d)The delivery of the Premises and all building(s)and improvements comprising a part Unereof In broom clean condition,vacant and free of leases or tenancies,together with keys to the Premises. (c)All plumbing(including water supply and septic systems,ifany),heating and air conditioning,Ifany,electrical and mechanical systems,equipment and machinery in the building(s)located on the property and all appliances which arc included in this sale being in working order as ofthe date of Closing and the roof shall be free of leaks. (i) If the Premises are a one or two family house,delivery by the parties at Closing of affidavits in compliance with state and local law requirements to the effect that there is installed in the Premises a smoke detecting alarm device or devices. (g)The delivery by the parties of any other afrrdavits required as a condition efrecording the deed. 17. At Closing,certified or official bank checks payable to the order of the appropriate State,City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mortgage,if any,shall be delivered by the party required bylaw or by this contract to pay such transfer and/or retarding lax,together with any required tax returns duly executed and sworn to,and such party shall cause any such checks and returns to be delivered to the appropriate omeer promptly after Closing. The obligation to pay any additional tax or deficiency and any interest or penalties thereon shall survive Closing. IS. (a)To the extent applicable,the following shall be apportioned as ofmidnight of the day before the day of Closing: (i)taxes,water charges and sewer rents,on the basis of the fiseai lien period for which assessed; " XcD TRANSFER e!tiSHngyne a}iisuraaee$ekisies otic tirnewaks of-!hest&tpkrin ND RECORDING (b)if Closiag shall occur before a new tax rate is fixed,the apportionment ppatioment of taxes shatl be upon the basis ofthe tax rate for the immediately preceding fiscal period applied to the latest assessed valuation. (c)if there is a water meter on the Premises,Seller shall furnish a reading to a date not more than 30 days before Closing and the unfixed meter charge and sewer rent,if any,shalt be apportioned on the basis ofsuch last reading. PFORTIONMENTS (d)If at the date ofClosing the Premises are affected by an assessment which is or may become payable in annual installments,and IDOTHER. the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. DJUSTMENTS; (c)Any errors or omissions in corn uting apportionments or other adjustments at Closing shatl be corrected within a+easenabls TATER METER lime 30 days following Closing.This subparagraph shall survive Closing. \M MEINSTALLMENT19. Seiler has the option to credit Purchaser as an adjustment to the purchase price with the amount of airy unpaid taxes,assessmen% water charges and sewer rents,together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bilis therefor computed to said date are produced at Closing. 20. If al Closing there are other liens or encumbrances that Seiler is obligated to pay or discharge,Seller may use any portion of the cash balance of the purchase price to pay or discharge them,provided Seller shall simultaneously deliver to Purchaser at Closing / instruments in recordable font and sufliclent to satisfy such liens or encwnbtances of record,together with the cost ofrecording or filing J said instruments. As an alternative Seller may deposit sufficient,ponies with tine title insurance company employed by Purchaser w acceptable to and required by it to assum their discharge,but only if the title insurance company will itnsutc Purchaser's title ciearof the matters or insure against their enforcement out of the Premises and will insure Purchasers Institutional Lender clear of such matters. Upon reasonable prior notice(by telephone or otherwise),Purchnser shal l provide separate certified or official bank checks as requested to assist in clearing up these matters. 21. (a)Purchaser shall order an examination of title in respect of the Premises from a title company licensed or authorized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly atter the execution of this contract or,if this contract is subject to the mortgage contingency set forth in paragraph 8,after a mortgage commitment has been accepted by Purchaser.Purchaser shall cause a copy of the title report and ofany additions thereto to be delivered to the aftomey(s)for Seller promptly atter receipt thereof. (b)(i)]fat the date of Closing Seller is unable to transfer title to Purchaser in accordanco with this contract,or Purchaser has other valid grounds for refusing to close,whether by reason of liens,encumbrances or other objections to title or otherwise(herein collectively called"Defects"),other thin those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove,remedy or discharge and if Purchaser shalt be unwilling to waive the same and to close title without abatement of the purchase price,then,except as hereinafter set forth,Seller shall have the right, TITLE at Sellers sole election,either to take such action as Seller may deem advisable to remove,remedy,discharge or comply with such EXAMINATIONS; Defects or to cancel this contract;(ii)if Seller elects to take action to remove,remedy or comply with such Defects,Seller shall be entitled from time to time,upon Notice to Purchaser,to adjourn the date for Closing hereunder for a period or periods not exceeding GO days in the aggregate(but not extending beyond the dale upon which Purchasers mortgage commitment,if any,shall expire),and the SELLER'S date for Closing shall be adjourned to a date specified by Seller not beyond such period, If for any reason whatsoever,Seller shall not INABILITY TO have succeeded In removing,remedying or complying with such Defects at the expiration ofsuch adjournment(s),and ifPurclaser shall CONVEY; still be unwilling to waive the same and to close title without abatement of the purchase price,then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date;(iii)notwithstanding the foregoing,the existing mortgage(unless LIMITATIONS OF this sale is subject to the same)and any matter created by Seller after the date hereof shall be released,discharged or otherwise cured by LIABILITY' Seller at or prior to Closing. (c)If this contract is cancelled pursuant to its terms,other than as a result of Purchaser's default,this contract shall terminate and come to an end,and neither party shall have any further rights,obligations or liabilities against or to the other hereunder or otherwise, except that(1)Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and,unless cancelled as a result of Purchasers default or pursuant to paragraph 8,to reimburse Purchaser for the net cost of examination of title,including any appropriate additional charges related thereto,and the net cost,if actually paid or incurred by Purchaser,forupdating the existing survey of the Premises or ofa new survey,and(ii)the obligations under paragraph 27 shall survive the termination of this conlracL 22 If a title examination discloses judgments,bankruptcies or other returns against persons having names the same as or similar to that of Selle,Seller shall deliver an affidavit at Closing showing that they are not against Seller. 23. (a)If Purchaser willfully defaults hereunder,Sellers sole remedy shall be to receive and retain the Downpayment as liquidated damages,it being agreed that Sellers damages in case of Purchasers default might be impossible to ascertain and that the.Downpayrttent constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty. AFFIDAWASTO (b)If Seller defaults hereunder;Purchaser shall have such remedies as Purchaser shall he entitled t0 at law or in equity,including, 1 wmwrs, but not limited to,specific performance. BANKRUPTCIES, 24. All money paid on account of this contract and the reasonable expenses of examination of Gtle to the Premises and of any survey M: and survey inspection charges,are hereby made liens on the Premises,but such liens shall not continue after default by Purchaser under DEFAULTS AND this contract 1EMEDIES: 25. Any notice or other communication("Notice")shall be in writing and either(a)sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee;by registered or certified mail,postage prepaid,or PURCHASER'S (b)delivered in person or by overnight courier,with receipt acknowledged,to the respective addresses given in this contact for the party and the Escrohvee,to whom the Notice is to be given,or to such other address as such party or Escrowee shall hereafter designate LIEN: by Notice given to the other party or parties and the Escrowee pursuant to this paragraph.Each Notice mailed shall be deemed given on the third business day following the date of nailing the same,except that any notice to Escrowee shall be deemed given only upon receipt NOTICES: by Escrowee and each Notice delivered in person or by overnight courier shall be deemed given when delivered,or (c)with respect to paragraph 7(b)or paragraph 20,sent by fax or email to the party s attorney. Each Notice by fax shall be deemed given when transmission is confirmed by the senders fax machine.A copy ofeach Notice sent to a party shall also be sent to the party's attorney, The attorneys for the parties are hereby authorized to give and receive on behalf oftheir clients all Notices and deliveries,or (d)via electronic mail to the Parties'attorneys, This contact may be delivered as provided above or by ordinary mail. 26. This contact may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s)made without such consentshall bevoid.Notwithstanding,Purchasers may assign this contract toan entity In which Purchasers have a majority interesL 27. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker in connection with this sate other than:NO BROKERS ("Broker")and Seller shall pay Broker any commission earned pursuant to a separate agreement between Seller and Broker. Seller and Purchaser shall indehnnify and defend each other against any costs,claims and expenses,including reasonable attorneys'fees,arising out NO of the breach on their respective parts of any representation or agreement contained in this paragraph. The provisions of this paragraph ASSIGNMENT: shall survive Closing or,if Closing does not occur,the termination of this contract 28. (a)All prior understandings,agreements,representations and warranties,oral or written,between Seller and Purchaser are merged in this contract;it completely expresses their full agreement and has been entered into after full investigation,neither party relying upon BROKER' any statement made by anyone else that is not set forth in this contract. (b)Neither this contract nor any provision thereof may be waived,changed or cancelled except in writing. This contract shall also apply to and bind the heirs,distributees,legal representatives,successors and permitted assigns of the respective paries. The patties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this controcL (c)Any singular word or tam herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender,whenever the sense of this contract may require it. (d)The captions in this contract are for convenience of reference only and in n0 way define,limit or describe the scope of this WISCELLANEOUS: contract and shall not be considered in the interpretation of this contract or any provision hereof (e)This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. (f)Seller and Purchaser shall comply with IRC reporting requfrcments,ifapplicuble.This Subparagraph shall survive Closing (g)Each party shall I,at any time and from time to time,execute,acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h)This contact is intended for the exclusive benefit of the parties hereto and,except as otherwise expressly provided herein,shall not be for the benefit of,and shall not create any rights in,or be enforceable by,any other person or entity. (i) if applicable,the complete and fully executed disclosure of information on lead-based paint and/or lead-based paint hands is attached hereto and made a part hereof. Sv IN W1TN � E' l infra as dal�exewwledhe parties hereto. f �% t A gus ., -� Sager EnENE Uc P=I'aser rofyo Augusta Seller hirchasur Attorney for Seller: Attorney for Purchaser: John R.Lynch,Esq. Barry Carus,Esq. John R.Ly neb,P.C. Cooperman Lester Miller Carus.LLP Address: Address: 201 Moreland Road—Suite 3 1124 Northem Boulevard—Suite 402 Hauppauge,New York 11788 Manhasset New York 11034 Email:iohnrlynchpcea gfnoil.mtit Email:bcarus@clmciaiv.com T'cl:(516)248-6200 Fax:(631)543-7714 Tel.:(516)365-1400 ext. Fax: 110 RIDER TO CONTRACT OF SALE DATED « `✓` T rc� BETWEEN CHRISTOPHER AUGUSTA and DAROLYN AUGUSTA,AS SELLERS AND ESSEYE LLC, AS PURCHASER premises: 40300 Main Road, Peconic,NY Notwithstanding any terns of the printed contract of sale to the contrary,it is understood and agreed between the parties as follows: 1. 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. I 1 V s 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 the contract for the purchase of DCAONE, Ltd., d/b/a Harvest Inn Bed&Breakfast business and assets and 2 S6 returning to the Purchaser the deposit paid hereunder and paid under the contract to purchase DCAONE, Ltd. d/b/a Harvest Inn Bed&Breakfast business and assets,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 the contract for the purchase of DCAONE, Ltd. d/b/a Harvest Inn Bed &Breakfast business and assets and Sellers shall be relieved and released from all obligations hereunder both contracts, 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 the contract for the purchase of DCAONE, Ltd. d/b/a Harvest Irur Bed&Breakfast business and assets, and promptly return all monies paid hereunder both contracts 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 contact 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. 3 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, 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 Doane". 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 andlor 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 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 and the contract for the purchase of DCAONE,Ltd. d/b/a Harvest Inn Bed&Breakfast business and assets, by refunding the sums paid hereunder both contracts 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 4 tI contract and the contract for the purchase of DCAONE,Ltd. d/b/a Harvest Inn Bed &Breakfast business and assets, and returning the down payments under both contracts_ 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. 21. If neither IegaI 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 the contract for the purchase of DCAONE,Ltd. d/b/a Harvest Inn Bed&Breakfast business and assets,and returning the downpayment under both contracts 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 and the Agreement for the sale of DCAONE, Ltd. d/b/a Harvest Inn Bed &Breakfast business and assets with all down payments. The parties shall execute this contract simultaneously the Agreement for the sale of DCAONE, Ltd. d/b/a Harvest Inn Bed& Breakfast. 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. Closing herein shall occur simultaneously with the Purchaser's purchase and closing of DCAONE,Ltd. d/b/a Harvest Inn Bed &Breakfast business and assets located at 40300 Main Road,Peconic,New York 11958. Any default under this Agreement shall be deemed a default of the Agreement for the purchase of DCAONE, Ltd.d/b/a Harvest Inn Bed&Breakfast business and assets located at 40300 Main Road, Peconic,New York 11958.Any termination right of Purchaser under this Agreement shall be deemed a termination right of Purchaser under the aforementioned agreement for the purchase of business/assets and in any such event the Downpayment/deposit under both agreements shall be returned to Purchaser. 26. At closing Purchaser will pay the Peconic Bay Region Community Preservation tax. 5 IN WITNESS WHEREOF, the undersigned have executed this rider as of the date first written above. ESSM LLC,Purchaser Christopher Aug kelleir Darol5m Au a,seller As to Section 25 of this Rider. Seller: Purchaser: D 0 LTD. MY WINGS LLC by: J name : name:CRISTINA ILLA tyle: title:PRESIDENT 6 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� ®��® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamentoc®um Southold,NY 11971 9 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, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 3, 2019. 1.35 P M HARVEST INN — CRISTINA ILLA (CONTRACT VENDEE) #7258SE - Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicants is the contract vendee 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. I 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 #0002293940 i STATE OF NEW YORK) )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 t �. CHRISTINA VOLI i NOTARYU L c-STAT N0 OF W YORK Quolifled in Suffolk County My commission Explies februofy 2B,2020 !) 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 BayAvenue,(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 XXIH,Section 280-124 and the Building under Article XI Section 280-48B(12) to Chapter 280(Zonmg),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,PO Box 1179,Southold,New York gle family dwelling;at;1)located less than SCTM#1000-55-5-2.2. 11971-0959,on THURSDAY,JANUARY 3, 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/Camd),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 building is more 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 busi- 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 LESLIE 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. RO 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 ArticleIn Section 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 five(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 XXIH, 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 2 SE SOUTHOLD,NEW YORK � � (a f C ` (��S = CA)) AFFIDAVIT 1 J OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000- g(e r y L+ COUNTY OF SUFFOLK STATE OF NEW YORK I, �c�-•�o�-� '�a- residing at New York, 6&ng duly sw , deposes and says that: On the 1 D-d%f � - , 20 , I_personally mailed at the United States Post Office in_ -E-o►ti,.-�— ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Sig e) Sworn to be re met 's day o 20Kim E.Fuentes Notary Public,State of NOW%vk Qualified In Suffolk bounty LIC.#01 FU4811709 (Notary Public) L2.qmmlsslon Expires A201 30 .4 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. I •ostal I ■ CERTIFIED MAILTIVIRECEIPT '��-'CERTIFIEDMAILT. RECEIPT M - - // I Coverage: /I Only, / / :/ I / /m M i ni POftrTJFf .SON STAT �_,Y 1177 PECpNIG,z N119 X35 ° �. r, rr- PJA8c , 8 POIA 9 .�, C�9S8 $� ( k Certified Fee s0■06 j o Certified Fee 0 y C �` ru �, O ru j Postma Return Receipt Fee • �1 u <�Postmark Return Receipt Fee a �= C3 p m � Here tom' O (Endorsement Reqwred) $0.00 _ He1r�s q j O (Endorsement Required) 4•�� o� IM ~ G 1 Restricted Delivery Fee Restricted Delivery Feed ` Endorsement Re wired '7 � (Endorsement Required) y,�8 `Q; OO-' ( q$0) 9580 M $U 12'%12�`7U1`O' � Total Postage&Fees $ 12/12/2ia1 f3 r .15101 O Total Postage&Fees � w M $6 LL- C3 Sent T INTO `'`" tT�►,ti A. ----------------------------- -1_.l�`i� r --------- C3 St NO. ' q -- Street Apt do [�- or PO Box No 3�� 1 s 4^ � b' or PO Box No:/('� j-+� J `` ---------------------------------°------------------ � ------. Ci ,State,ZIP+4 N� ------- city State, +4 I r -- :r0 M 'L &ERTIFIED MAIL,. RECEIPT M (Domestic Mail Only;No Insurance Coverage Provided) m ru ,PECK%° Y-1114 " ,[9$ j I. '1��`Iy u0 • t �, " •� ' 3 � � €t n �< Lrl !° " �.{ ; S3 L.... ;.: f'+°=nl.,®,,:;/1, , .,t 1 ¢¢� ,1 .r }. It PosT�gd � � ,o 0958 � l r Postage ti � 5$ )X,O� • 3 ' 03Certified Fee $0■00-, � m ru Certbed Fee $0■0�1 fU ur �;1 - O Postmar c� O Return Recei —z ost 11�Retum Receipt Fee 1 J pt FeeO (EndorsementRequired) $0,00 �i , Here q> ' (Endorsement Reqwred) S •00 ✓ Here Ozew ° C3 Restricted Delive 2 d Restricted Delivery Fee ��)�fltla4� (Endorsement Req Fee O D (Endorsement Required) O quj1r d) 1:17 U j o Total Postage&Fees Er $ 12/12/2018 m Total Postage&Fee 12/12/.10-19-- m 1 Sent To ' c3 Sent To !/ 1 S c r9 1� f K3� V ©�---- C3 - - ` A^ 1 eet,Apt t�• �----------- p Street,Apt.No., 3©© i. or PO Box- orPOBoxNo ---;,1.� ALL Nt.P1171- _ ®Y -�!-------------------------------------------------------------------- City, City,State,ZIP+4 State,ZIP+4 4 (�9 G�g ovw�_ `� ✓YJ I 1� N 11 :e. e.. 011 or. 0 CERTIFIED MAILT. RECEIPT C3 (Domestic Mail Orily;NO.Insurance Cove;�qe Provided) M inn .HAWOR[HH �VT 016411 , L ,8, E g C` PosTage $� 0458 I � $2.75 03 rU Certified Fee $fj 00 Return RaceI ostvrdrk O (Endorsement Reqt Fee P Required) $0.00y�� Vic' Her0111 O vi Restricted Delivery Fee 1-3 (Endorsement Requ$e) • 117 • Vii: i Total Postage&$fi. ',�y1, 12/,a2%2018 Sent To — rl ----------------------- O Street,Apt.No, or PO Box No. -------------------------------------- ---3 7 �•----- Crry,State.`yT�1►+4 -------------- --1-V--�----- 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- ,( - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, presiding at New York, being duly sworn, depose and say that: On the day of 1:e 2018 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) 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 J a-� (Sign e) h ��,Sworn to before m this 38- < Day of a� , 201 g CONNIS C. BUNCH NewYork (Notary Public) Notarrl Public,State of�o No.01 BU6185050 Qualified in Suffoii<County Commission Expires April 14,2 * near the entrance or driveway entrance of my property, as the area most visible to passerby. OMPLETE . -SENDER- (� Signature■ Complete items 1,2,and 3. A. Sig� � � vy ■ Print your name and address on the reverse X Agent so that we can return the card to you. C ❑Addressee ■ Attach this card to the back of the mailpiece, `,•, g Receiv d by(Printed Name) C. D e of elivery or on the front if space permits. ` -" ' I PC I d hZ ►�'I I� 1. Article Addressed to: "',;i; J D. Is delivery address different from item 1? Ye f _ If YES,enter delivery address below: ❑No 3 3. II I I I II III II I III I I I I I I III I I II IIII III Service Type ❑Priority Mail Express® 11 ❑Adult Signature 1:1 Registered MaiITM ❑Adult Signature Restricted Delivery ❑Reglstered Mall Restdcted Q•Certified Mail® Delivery 9590 9402 2196 6193 2168 82 ❑Certified Mall Restricted Delivery El Return Receipt for El Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER- 1 • ■ Complete items 1,2,and 3. A Signature n I :/ Agent . 1111111 Print your name and address on the reverse X, ,1 ` , /� G4. �7 essee so that we can return the card to you. g, Received by(Printed Name) C. Date of Delivery ■Attacn this card to the back of the mailpiece, or on the front if space permits. x `, 1. Article Addressed to: P-Is delivery address different from item 1? es z�if YES,enter delivery address below: ❑No l_ r� 3. Service Type ❑Priority Mad Express® II I IIIIII IIII Ill I III I II IIIIII III I II I I I III I I III ❑Adult Signature ❑Registered Mal R ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted �^�ertifled Mali® Delivery 9590 9402 2196 6193 2169 29 u trtiried Mail Restricted Delivery ❑Retum Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ElSignature ConfirmationT 2. Article Number(Transfer from service label) ❑Insured Mail ❑Signature Confirmation ❑Insured Mall Restricted Delivery Restricted Delivery ® 4 2 221 a (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1,2,and 3. A si n tu_'re ■ Print your name and address on the reverse X (,� El Agent, ElAddr`essGa ; so that we can return the card to you. s ■ Attach this card to the back of the mailpiece, B. Received 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 w v^+ 3.II I IIIIII IIII III I III I I II I II III I I I II I(IIII III Service Type ❑Priority Mail Expresso El i ❑Adult Signature ❑Registered MaiIT^' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted O'Cartifled Mall® Delivery 9590 9402 2196 6193 2168 75 ❑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 ❑Signature Confirmation l� ^13-10 Dov2 1 1 '7 1�\� ❑over$8001 Restricted Delivery Restricted Delivery f PS Form 3811,July 2015 PSN 7530-02-000-9053 -- Domestic Return Receipt hENDE MPLETETHIS TI — • .MPLETE THIS SECTION o DkLJVERY ® Complete items 1,2,and 3. FE3. Signature, ■ Print your name and address on the reverse d 5 �` ❑Agent so that we can return the card to you. � ` l 11Addressee ■ Attach this card to the back of the mailpiece, Rece ved by(Panted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 17 ❑Yes eA 'l'�14-�L?-V�1 -S If YES,enter delivery address below: ❑ No Kr a-5 4 o jam, t'7 cL 3. Service Type ❑Priority Mail Expresso II I IIIIII IIII III I III II II ��III IfWill ❑Ad it :gnature ❑Registered MallTm ❑ It Signature Restricted Delivery ❑Registered Mail Restricted lilo ertifled WHO Delivery 9590 9402 2196 6193 2168 37 ❑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 7 C ❑Insured Mail ❑Signature Confirmation ��®? •�T 7 J 1.� ❑insurede00j11 Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt • ® . . ■ Complete items 1,2,and 3. A. Si na re ■ Print your name and address on the reverse X El Agent so that we can return the card to you. ❑Addressee 11 Attach this card to the back of the mailpiece, B. R ived by(j n. ed Name) C. Dat of Delivery or on the front if space permits. Jl� 6,11 1. Article Addressed to: D. Is delivery address different from item 1? 13 Yes If YES,enter delivery address below: ❑No !tel CA(�- St-a,, I I I I I I III III I ! I I III I 3. Service Type ❑I Priority Mail Expresso IIII IIII 111 Adult Signature ❑Registered MaIITm ❑Adult Signature Restricted Delivery ❑Re.9istered Mail Restricted G-Miffed Mall@) Delivery 9590 9402 2196 6193 2168 68 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationrm ❑Insurdd Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery 1 �Q�2'7—1 1.7 —u l (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ONING BOARD OF APPEALS MAILING ADDRESS and I- ,,CE OF HEARINGS: 53095 Mair, .-ijad, 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: http://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 26th : 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. rlvTlr:. E U' F HEAR1i4k',EJ The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: NAME : HARVEST INN B & B ( ILEA , C . ) ( C . V . ) # 7258SE SCTM # : 1000-86-4- 1 . 4 VARIANCE : SPECIAL EXCEPTION REQUEST: 5 BEDROOM BED BREAKFAST DATE : THURS . , JANUARY 3 , 2019 1 :35 PM 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 BOARD MEMBERS _,iouthold Town Hall Leslie Kanes Weisman,Chairperson �*OF$O(/j�o 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOI�COO Southold,NY 11971 http://southoldtownny.gov _F RL � ZONING D BOARD OF APPEALS TOWN OF SOUTHOLD, } Tel.(631) 765-1809•Fax(631)765-9064 NOV 1 3 2018 1?1-17T"D�<P,Da7i"r"To TO: SOUTHOLD TOWN BUILDING DEPARTMENT 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 November 6, 2000 Floor Plan:Donald G. Feiler,Architect, dated December 14, 2000 BOARD MEMBERS 'Southold Town Hall *QF SU(/r,�, 53095 Main Road• P.O.Box 1179 Leslie Kanes Weisman,Chairperson �oy� Ol0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C, -,�c Town Annex/First Floor, Robert Lehnert,Jr. • i� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �liJ'C�U 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 [Ila, 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 OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 �� !O Southold,NY 11971-0959 Patricia Acamporatt Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 0 ^�iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OWN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 11, 2019 Tel.(631) 765-1809•Fax(631)765-9064 Cristina and Ursula Illa c/o Darolyn & Christopher Augusta 40300 Main Road Peconic,NY 11958 Re: ZBA Appeal No. 7258SE Special Exception—Bed & Breakfast Deny as Applied/Alternative Relief Granted SCTM No. 1000-86-4-1.4 Dear Applicants; Enclosed, please find a copy of the Zoning Board of Appeals determination rendered at the Board's February 7, 2019 meeting, granting (as alternative relief) a Special Exception Permit to operate a four bedroom Bed and Breakfast, pursuant to Article III, Section 280-13B(14) of the Southold Town Code. Before the Bed and Breakfast is occupied by guests, the applicant must meet the conditions as indicated in the determination, and obtain the final Certificate of Compliance for Bed and Breakfast occupancy from the Building Department. Please also be advised that this Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department to schedule the required inspection. - Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Please also note that this Special Exception Permit cannot be transferred to new owners If you have any questions, please feel free to call the office. 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