HomeMy WebLinkAbout#7902 GEBBIA AND DUNN Letter fr M. Reichert with exhibitsTown of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit A
ZBA Decision No. 5254,
dated October 15, 2003
i
APPEALS BOARD MEMBERS o
C
Id OG Southold Town Hall
Lydia A. Tortora, Chairwomanc yd 53095 Main Road
Gerard P. Goehringer t y Z ; P.O. Box 1179
George Horning O fie t Southold,New York 11971-0959
Ruth D. Oliva y40 0 ,f. ZBA Fax (631) 765-9064
Vincent Orlando jig s Telephone (631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD
u. -4A
FINDINGS, DELIBERATIONS AND DETERMINATION OCT 1 7
200a
MEETING OF OCTOBER 9, 2003
Appl. No. 5254 - Nicolo and Caroline DiBartolo Muthold Town Clerk
Property Location: 475 Condor Court (extends off the east side of North Oakwood Rd),
Laurel; Parcel 1000-127-3-6.2.
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 an adverse effect on the environment if the
project is implemented as planned as an accessory use.
PROPERTY DESCRIPTION: This applicant's property contains 40,000 sq. ft. of area as
shown on the November 22, 2000 survey, revised January 16, 2001, by Joseph A.
Ingegno, L.S. The property is improved with a 1-1/2 story frame house and recent 2"d-
story addition. The property is accessible from Condor Court over the applicant's
contiguous 17-acre lot.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 17, 2003
and August 21, 2003, at which time written and oral evidence was presented. Based upon
all testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
REQUEST MADE BY APPLICANT: Applicants, as the owners and residents of the
existing dwelling, request a Special Exception under Article III, Sections 100-30A.2B and
100-31B, sub-sections 14a-d of the Southold Town Zoning Code for an Accessory Bed and
Breakfast, accessory to the owner's occupancy in this single-family dwelling, with up to
three (3) bedrooms for lodging and serving of breakfast to not more than six (6) casual and
transient roomers, incidental and subordinate to the principal use of the dwelling.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: After hearing testimony,
reviewing submitted materials and making personal inspection of the property, the Board
has considered the general standards set fourth in Code Section 100-263, and finds and
determines the following.
1) This use as requested is reasonable in relation to the District in which is located,
adjacent use districts, and nearby and adjacent residential uses.
Page 2—October 9,2003
Appl. No.5254—N. and C. DiBartolo
127-3-6. 2 at Laurel
A-The proposed bed-and-breakfast accessory use will not prevent the orderly and
reasonable use of adjacent properties, or properties in adjacent use districts, or of
permitted or legally established uses in its zoning district or adjacent use districts.
B-The safety, heath, welfare, comfort, convenience and order of the town will not be
adversely affected by the proposed accessory Bed and Breakfast use and its location.
C-The structure will be readily accessible for fire and police protection as evidenced in
a letter addressed to the Board of Appeals from the Mattituck Fire District dated October 2,
2003.
D-The proposed use will be in harmony with, and promote the general purpose and
intent of, the zoning code and will be compatible with the residential neighboring areas and
with the character of the community in general.
2) The Special Exception is for approval of the Bed and Breakfast as an accessory use
incidental to the applicant-owner's residence in the single-family dwelling and will not
prevent the orderly and reasonable use of adjacent properties and the use has adequate
parking and available open space.
3) This accessory use will not prevent orderly and reasonable uses proposed or existing in
adjacent residential or agricultural use districts.
4) No evidence has been submitted to show that the safety, health, welfare, comfort,
convenience, or order of the town would be adversely affected by this accessory bed-and-
breakfast use. The accessory use in the dwelling is required to meet New York State
Building Code requirements, before issuance of a Certificate of Compliance for occupancy
will be issued by the Building Inspector.
5) A bed-and-breakfast is an accessory use in conjunction with the owner's residence, and
is authorized under the zoning code (subject to a Special Exception review and approval
by the Board of Appeals) and a Certificate for Occupancy from the Building Inspector for
other safety and health regulations.
6) No adverse conditions were found after considering items listed under Section 100-263
and 100-264 of the Zoning Code.
BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action
was taken:
On motion by Member Tortora, seconded by Member Oliva, it was
Page 3—October 9,2003
Appl. No.5254—N. and C. DiBartolo
127-3-6. 2 at Laurel
RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as
described above, SUBJECT TO THE FOLLOWING CONDITIONS:
1) A minimum of five (5) parking spaces shall be provided on the applicant's property as
shown on the survey with sketched-in parking area (three for the Bed and Breakfast Use
and two for the single-family dwelling).
2) Applicant-Owner shall occupy the dwelling as his/her principal residence.
3) This Special Exception is authorized by the Board of Appeals solely for an Accessory
Bed and Breakfast in conjunction with the owner's residence and ownership, and does not
include use of the property and buildings for any other use or purpose.
4) The owner-applicant shall obtain a B&B permit from the Town of Southold Building
Department as required by Code Section 100-31(b)(14).
5) A flexible chain ladder shall be placed next to each guest bedroom window for
emergency access purposes.
6) The improvements required by the Mattituck Fire District letter dated October 2, 2003
shall be installed.
7) The Board reserves the right to annual inspections to this property for safety and
permanent maintenance of the access requirements, without disrepair or damage.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Orlando and Oliva. (Nay:
Member Goehringer). (Absent was: Member Horning of Fishers Island.) This Resolution
was duly adopted (3-1).
Lydia A. Tortora cting Chairwoman 10/ /6- /03
Approved for Fi ing
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit B
Town Board of Assessors Memo,
dated May 13, 2003
A (061Y
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0 Gy Southold Town Hall,53095 Route 25
Robert I. Scot Jr., Chairman , c P.O. Box 1179
Scott A. Russell, Assessor
2 W Southold,NY 11971-0959
Darline J. Duffy,Assessor /J t ;G
f, F I Fax: (631)765-1356
7,4 Ol A Telephone: (631) 765-1937
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BOARD OF ASSESSORS RECEIVED
TOWN OF SOUTHOLD
MAY 1 3 2003
Date: 5/13/03
3 tr riA)
To: Lydia Tortora & Members of the Zoning Board of Appeals ZONING BOARD OF APPEALS
From:Scott A. Russel 49
RE: SCTM# 1000-127-3-6.1 & 6.2
I have been asked by several lot owners in the Condor.Court, Laurel area to forward
to your board information regarding the above-referenced properties in the name of
Nicolo and Caroline DiBartolo.
These properties were purchased in a single deed dated April 25, 1994 and filed in
Liber 11677 Page 427. Because of this and because the ownership of both
properties are identical, my office has flagged these for merger. Because merger of
lots has no consequences to taxable value, we give them a low priority. These, like
many other properties that we have received deeds on,are subject to merger which
will result in our retiring the two existing tax map numbers and then issuing a new
single identifying number.
Feel free to contact me if you have any questions.
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit C
1994 Deed Diachun to DiBartolo
recorded in Liber 11677 Page 427
L i1 L77 P q 27
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.ONLY.
N.Y. S. THIS INDENTURE, made the 25th day of April- nineteen hundred and ninety-four
TRANSFER BETWEEN ELEANOR DIACHUN, residing at (no # ) Peconic Bay Boulevard ,TAX Laurel , New York 11948 and ROSE DIACHUN , re-siding at 875 School Hous(840.00 Road, Cutchogue, New York 11935 , both Individually and
Suuccessor Co-
as/administratoquix}tof the Estate of Mary Diachun
late of Suffolk County, New York, File #517 A 1984
who died intestate on the 3rd day of June nineteen hundred and eighty-foC
party of the first part, and NICOLO DiBARTOLO and CAROLINE S . DiBARTOLO, his wife
residing at 2146 Main Road, Laurel , New York 11948
BLOCK
X10-
Y---
DISTRICT
SECTION i t., I}
party of the second rt
6_[E
WH,ITNESSETthat whereas letters'of administration were sued to t$parfyg$f the fist partbytheSurrogate's Court Suffolk County, New York on -
gust
l , 1991 iyan virtuey18ofthepowerandauthoritygivenbyArticleIIoftheEstates, Powers and TrustsJuLaw, and in consideration of
TWO HUNDRED TEN THOUSAND and 00/100--------------------------------
5210 , 000 . 00) -------------------------------dollars
paid by the party of the second part, does hereby grant and
release unto the party of the second part, the distributees 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 beingxxdacx at Laurel, Town of Southold, County of Suffolk and
State of New York, being bounded and described on Schedule A which
is attached hereto.
w D PRECORDEDMAY181994OFSUFFO(XROMAINE00UNTY
SCHEDULE A
ALL that certain plot , piece or parcel of land, with the
buildings and improvements thereon erected , situate, lying
and being at Laurel , Town of Southold, County of Suffolk and
State of New York , being bounded and described as follows:
BEGINNING at a concrete monument set in the Northeasterly
corner of the premises to be described herein , said point
also being the dividing line of the Northwesterly corner of
the land now or formerly of Rasweiler , the Northeasterly
corner of the premises to be described herein , and the land
of the Long Island Railroad Company; running thence along the
land now or formerly of Rasweiler, the following four ( 4 )
courses and distances : ( 1 ) South 370 34 ' 20 " East 263 . 31
feet to a concrete monument; ( 2 ) North 610 17 ' 00 " East 95 . 05
feet to a concrete monument; ( 3 ) South 290 19 ' 40" East
517 . 90 feet to a concrete monument; ( 4 ) South 170 48 ' 40 "
East 740 . 64 feet to the land now or formerly of T. Diachun;
thence South 600 01 ' 20 " West along the land now or formerlyofT. Diachun and the Northerly lot line of Lot 7 as shown on
a certain map entitled, "Map of Golden View Estates" , as
filed in the Office of the Clerk of the County of Suffolk asMapNumber7770 , 420 . 26 feet to a concrete monument and the
Easterly line of Lot Number 8 on the aforesaid map; thence
North 310 54 ' 30 " West along the said Easterly line of Lot
Number 8 and the Easterly side of a ''recharge basin as shown
on the said "Map of Golden View Estates" 173 . 70 feet; thence
North 120 30 ' 30 " West still along the Easterly side of said
recharge basin 138 . 69 feet to a concrete monument; thence
North 630 58 ' 20" West along the Northeasterly side of said
recharge basin and the Northeasterly side of Condor Court as
both are shown on the said "Map of Golden View Estates" ,
208 . 05 feet to a concrete monument and the Easterly side of
Lot 15 on the aforesaid map; thence North 440 34 ' 10 " West
along the said Easterly side of Lot 15 and the Easterly side
of a "Park and Recreation Area" as shown on the said "Map ofGoldenViewEstates" 213 . 35 feet to a concrete monument and
the Southeasterly side of said "Park and Recreation Area" ;
thence North 3° 29 ' 10 " East along the said Southeasterlysideofthesaid "Park and Recreation Area" 356 . 56 feet to a
concrete monument and the land now or formerly of K . Leeds;
thence North 34° 09 ' 50 " West along the land now or formerlyofK . Leeds 424 .26 feet to the land of the Long Island
Railroad Company and the Northwesterly corner of the premisesdescribedherein; thence North 460 43 ' 10 " East along the
land of the Long Island Railroad Company 432 . 59 feet to the
point or place of BEGINNING.
TOGETHER WITH the benefits and SUBJECT TO the burden of a
certain right of way to Main Road being bounded and described
as follows :
BEGINNING at a point on the Southerly side of Main Road,
said point bearing South 470 23 ' 00 " West 7 . 03 feet from a
concrete monument set in the said Southerly side of Main
Road marking the Northeasterly corner of the land now or
formerly of Qualls and the Northwesterly corner of land now
or formerly of Sawicki ; said monument also being 2 ,077 feet,more or less , Easterly from the Easterly side of Laurel Lane;
running thence South 200 17 ' 30" East, through the land now
or formerly of Qualls 112 . 72 feet; thence South 220 06 ' 30 "East , still through land now or formerly of Qualls and the
RECORDED MAY 18 1994 GM OFSU ROMAINE
TY
land now or formerly of McCarthy 205 . 04 feet to the Easterly
side of land now or formerly of McCarthf and the Westerly
line of land now or formerly of Sawicki ; thence South 200 17 '
30 " East along the said land now or formerly of McCarthy and
the land now or formerly of -Sawicki 758 .88 feet to the
Southerly line of land of the Long Island Railroad Company
and the Northerly line of land now or formerly of Rasweiler;
thence South 460 43 ' 10 " West along the said land of the
Long Island Railroad Company and land now or formerly of
Rasweiler 8 . 66 feet to the extreme Northerly end of an arc of
a curve; thence Southerly, Southwesterly and Westerly alongthearcofsaidcurvebearingtotheright , being subtendedbyachordbearingSouth26058 ' 50 " West a chord length of23 . 69 feet , said curve having a radius of 35 . 07 feet , a
length of 24 . 17 feet; thence South 460 43 ' 10 " West , through
the Northerly side of land now or formerly of Rasweiler
428 . 92 feet to the Westerly side of the land now or formerlyofRasweilerandtheEasterlysideoflandnoworformerlyofDiachun; thence North 370 34 ' 20 " West along the said
land now or formerly of Rasweiler and land now or formerlyofDiachun8 . 04 feet to the Southerly line of land of the
Long Island Railroad Company; thence North 460 43 ' 10 " East
along the said land of the Long Island Railroad Company428 . 12 feet to the extreme Westerly end of an arc of a curve;
thence Easterly, Northeasterly and Northerly along the arc of
said curve, bearing to the left , being subtended by a chordbearingNorth13012 ' 50 " East a chord length of 29 . 89 feet;
said curve having a radius of 27 . 07 feet , a length of 31 . 66feet; thence North 200 17 ' 30 " West through the lands of the
Long Island Railroad Company and now or formerly of McCarthy746 . 05 feet ; thence South 69 ° 42 ' 30 " West still through the
land now or formerly of McCarthy 2 . 0 feet; thence North 21°
33 ' 00 " West through the land now or formerly of McCarthy
and the land now or formerly of Qualls 205 . 0 feet ; thence
North 200 17 ' 30" West still through the land now or formerlyofQualls108 . 0 feet to the Southerly side of Main (State)Road; thence North 470 23 ' 00 " East along the Southerly sideofMain (State ) Road 12 .97 feet to the point or place of
BEGINNING .
BEING AND INTENDED TO BE the same premises conveyed bydeeddatedApril11 , 1935 and recorded in the Suffolk CountyClerk' s Office on April 12 , 1935 in Liber 1808 Page 216 .
EDWARD P.fRECORDEDMAY181994QMOF$U
ROMAINE
cx t)NIV
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit D
Excerpt from ZBA Transcript,
dated August 21, 2003, ZBA File No. 5254
C2)
143
1
2 been said about these people as well .
MRS . ZUPA: However, they have
3 had the opportunity and they have answered.
CHAIRWOMAN TORTORA: Off the
4 record.
Whereupon, there was- an
5 off-the-record discussion. )
CHAIRWOMAN TORTORA: The Board
6 would like to accept it in writing, and it
will be read into the transcript; is that
7 sufficient?
MRS . ZUPA: Thank you, Madam
8 Chair.
CHAIRWOMAN TORTORO: You have a
9 prepared statement there . Would you like to
turn that in now?
10 MRS . ZUPA: Yes .
CHAIRWOMAN TORTORA: Okay, I am
11 going to make a motion to close this hearing
and reserve decision.
12 BOARD MEMBER HORNING: Second.
CHAIRWOMAN TORTORA: All in favor.
13 Whereupon, all Members of the
Board responded in favor. )
14 CHAIRWOMAN TORTORA: This hearing
is closed.
15 The next hearing is on behalf of
Carol'ine:;and Nicolo DiBartolo. Is someone
16 here who would like to speak on behalf of that
application?
17 MR. DIBARTOLO : Yes, ma' am.
CHAIRWOMAN TORTORA: Just a moment .
18 MS . KOWALSKI : Just like to ask
that everybody who speaks, please write your
19 name and residence address on the pad.
CHAIRWOMAN TORTORA: Mr. DiBartolo,
20 I would like to make a couple of comments .
The Board had requested that we reopen this
21 hearing to be able to clarify the issues that
were raised at the public hearing concerning
22 the safety and adequacy of the bridge, and to
insure that it was constructed in a manner
23 that would safely accommodate fire trucks .
I see that you did provide us with
24 an engineer' s report . We should get a copy of
the engineer' s report certifying that the
25 bridge would carry - - and before I read it ,
I ' m going to, I was just looking for the
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2 engineer' s report -- ten tons, that it will
support an axle load of ten tons, and we also
I-7)3 received from you a traffic report, an
engineer' s traffic report, which, if anyone in
4 the audience would like or has not reviewed it
it is, of course, available in the files .
5 I just said that we have received
an engineer' s report, certified engineer' s
6 report stating that the bridge was capable of
holding ten tons, five ton per axle; and we
7 also received a certified engineer' s traffic
study, and that if any of the information that
8 we had, you have not had an opportunity to
review in the file, you' re welcome to review
9 it or look at it or anything else .
We have not received a letter from
10 the fire department at this point . The
DiBartolos -- I 'm telling you, according to
11 the submissions that we have received since
then, have done, met with the fire department
12 and done substantial clearing at the fire
department' s request to meet their
13 specifications for the trucks .
Would you like to bring us up to
14 date as far as where you are with the fire
department, Mr. DiBartolo?
15 MR. DIBARTOLO : You' re absolutely
right in terms of the two issues that brings
16 us to this date and the meeting. The merging
of the lots was one of them, and the adequacy
17 of the fire department in terms of what the
bridge and the driveway will hold.
18 I would like to make a general
comment referring to the merging of the lots .
19 Apparently the conclusion had been reached
that the lots are merged. As such, we' re
20 talking about as a single lot of 18 acres that
borders on one public street , Condor Court .
21 As such, we believe that the fire department
has a certain amount of responsibility to
22 address any protection that is required once
that lot is reached, which, of course, is
23 reachable through Condor Court, a public
street .
24 CHAIRWOMAN TORTORA: Who
determined the lots were merged?
25 MR. DIBARTOLO : I ' m sorry?
CHAIRWOMAN TORTORA- Who
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2 determined the lots were merged?
MR. DIBARTOLO: Based on what I
3 had read on the file that had been sent to
this Board and the letter to the assessors'
4 office indicating that it is the intention of
this Town to merge those lots, and that letter
5 I believe is on record.
CHAIRWOMAN TORTORA: Your attorney
6 had sent us a letter pointing out that your
lot, your house lot is 40 , 000 square feet?
7 MR. DIBARTOLO: I ' m sorry?
CHAIRWOMAN TORTORA: We have a
8 letter in your file from your attorney stating
that your house lot is 40 , 000 square feet and
9 the codes said all lots are merged except a
lot which is 40 , 000 square feet, and in which
10 case it would not be . I believe that letter
is in the file .
11 MR. DIBARTOLO : That is in the
file and the assessor' s letter is in the file .
12 So I 'm not clear which really rules at this
point, but the bottom line is it is an 18 acre
13 that I 'm dealing with, and it does border on
the public street . To that extent, I believe
1/L'L)
14 the fire department has a certain amount of
responsibility to meet the conditions of
15 protecting what is on that particular lot .
However, I may go on to address
16 the other question relative to the safety of
the driveway. We had been in contact with the
17 fire department, the fire chiefs and the fire
commissioners, and so has our attorney - - and
18 by the way, I do apologize, the attorney had
precommitments for this week and he couldn' t
19 make it -- and we have not received the final
response from the commissioners from the fire
20 district . We did have the fire chief and the
assistant fire chief come to the property;
21 they walked the driveway with us and indicated
what needed to be done to widen it, and we did
22 that and we sent you documentation to that
effect .
23 Basically, what we did is we
removed some trees, widened the driveway to a
24 15 by 15 regular requirement , and I understand
this is the Town' s requirement for any access
25 roadway, so we made our driveway similar to a
roadway access in terms of width and.
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2 requirement . So the driveway itself is
adequate .
3 As far as the bridge is concerned,
we have an engineer' s certificate which I have
4 just indicated it has a capacity of ten tons
per axle . We have not received any
5 conclusatory remarks from the fire district,
which apparently appears to have a
6 difference -- there' s a difference of opinion
between the fire commissioners and the fire
7 chief as to what is adequate in terms of the
bridge, but the certified engineer' s report
8 does state that it can hold essentially ten
tons per axle . Essentially this will carry
9 just about any fire department vehicle it has ;
perhaps not the biggest ones, but , after all,
10 we' re not protecting the high school ; we' re
protecting a home, a single home, a single
11 use .
But we have done everything in our
12 power to be able to get some additional
information from the fire department and the
13 fire district to say, yes, this is adequate .
Our attorney has been in contact with them.
14 We have gone to a public hearing the fire
district had, and the commissioner has
15 indicated that we would hear from the
attorneys for the fire district, which
16 apparently is a Mr. Glass in Port Jefferson.
Our attorney has been in contact, the attorney
17 has indicated, the attorney for the fire
district has indicated that we' ll be in touch
18 with the commissioner and make some
recommendation how to respond. We have not
19 received that response .
Now to summarize this, without
20 taking too much of your time, essentially I
think we' ve complied, Number one, with the
21 fire chief' s description of what was needed
for the driveway. We have an adequate weight
22 limitation on the bridge, and we have provided
everything necessary beyond that, including
23 the traffic study.
We feel that you have sufficient
24 information based on everything provided, that
you can make a determination that you have
25 done a public review adequate to be protect
the public here . Call it a due diligence
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2 review, I understand that this is basically
protecting the public, that is fine . We
3 believe up ' til now we submitted sufficient
information to come to that conclusion. We
4 think that you can make a decision to approve
the application.
5 If, however, we have to leave this
open, we have been trying to get detailed
6 information from the fire district; if your
information is insufficient for your purposes ,
7 then we do need more time to appropriately
answer any further detailed representations in
8 terms of the safety of the bridge or the
safety of the driveway.
9 CHAIRWOMAN TORTORA: Just a
moment .
10 BOARD MEMBER GOEHRINGER: Mr.
DiBartolo, I honestly have no objection to
11 your application in any way. I just happen to
have been a Mattituck fireman for 30 years,
12 okay?
MR. DIBARTOLO: Yes .
13 BOARD MEMBER GOEHRINGER: I had a
discussion with one of my commissioners, and
14 it ' s my understanding that they are going to
submit a letter. I don' t know exactly when
15 they' re going to do this . This discussion was
approximately a week or so ago. I have to
16 tell you that I have been charged, and I have
been charged with the writing of this
17 decision, and with the right of way
qualifications, minimum qualifications that
18 this Board has dealt with since the passing of
a board member from Orient who has passed that •
19 along to me, and his name is Bob Douglas, and
he' s been dead in excess of ten years or
20 thereabouts . So I have been writing all of
these specifications . I am not , I have to be
21 honest with you, I am not an engineer.
It concerns me immensely because
22 of the 110 members that we have in this
organization and the ability to get those
23 people to your house, 24/7 , 12 months of the
year, okay, and that is the reason why I have
24 taken an active interest in this .
I want you to be aware of one
25 thing . I have a great rapport with all three
chiefs, but the district owns the equipment .
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2
All right . The district buys3ThedistrictsuppliesYtheequipment .
district owns the e the equipment and the
elected officials , equipment, and they are4So, I am still waitingaletterfromthedistrict
r forware, I think, and that ' s where we5atthisjuncturediscussion, very short discussion nwithd
athet ' s my
a
6 chairperson couple daysWeare . g°, and that ' s where
7 So, whatever ourtogettheletterfrom
Y attorney can doMr. the district, from8Glass, we would appreciate itMR. DIBARTOLO: okay?
9 have been veryOf course . We
from the ver supportive from your commentsybeginning. We had absolutely10objectionstomaking noobjections
We have It as safe as wedoneeverythingpossibly
11 realistically it' s been months, and
le but
forth and back and forth, and back and
nse . and we get no12
tespo
pond
It ' sinhnttfaormal for a
hion public agency
13 we did attend theespecially sincepublictoldtheinformationhad
hearing, and we were
previously14totheattorneydistrict .been sentforth
CHAIRWOMANinterruptTORTORA: Let me15youforamoment .think the Board should send the fi)rearstr,
I
16 commissioners a letter. district
think that
MR DIBARTOLO: Would17onlywouldhelpthink I
everything else we have because I
18 us know we will do
whateverpised
with and let
get this done necessary toproperly.19 CHAIRWOMAN TORTORA:will, we will send Boardletter.20 BOARD MEMBER GOEHRINGER:just reflect on one thing, Let me
21 says that the bridge is when the engineer
pay axles
certified for ten tonsheissayingthator - -22 because it ' s Mr. Tull It is a heY, right?MR. DIBARTOLO: Yes .23
two axles, it ' s
BOARD MEMBER GOEHRINGER:saying that if a truck has
t s
is
24 then certified for 20 ons?
MR. DIBARTOLO: Exactly. But25thereisanotherpointtocourse, the that, which, of
to review, fire district commissioner needsIfit ' s a bigger truck and you
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2 have three axles, you can' t get three axles on
a 24 span. You can only get two axles on a 24
3 span. It' s a small bridge . It has 12 piers
underneath it . So what he' s saying is for
4 each axel that' s on there will hold ten tons,
but the maximum you can get is two axles,
5 let' s face it, and the truck is longer than 20
feet .
6 BOARD MEMBER GOEHRINGER: Most of
the trucks are 35 to 40 .
7 MR. DIBARTOLO: Of course . But
the rest of the truck is going to be on land
8 not on bridge, so the weight is distributed.
I 'm not an engineer either.
9 BOARD MEMBER GOEHRINGER : How long
is the bridge?
10 MR. DIBARTOLO: 20 feet exactly.
BOARD MEMBER GOEHRINGER : So what
11 he' s saying is by the time the second axel
comes over the bridge, the nose of the truck
12 will already be off the bridge .
MR. DIBARTOLO: Exactly. So
13 you' re dealing with ten tons . The way that
bridge is built , I can tell you this now, I
14 haven' t looked into the possibility of getting
another engineer and someone who actually is
15 involved in the actual configuration of the
weight to get certified, and can certify what
16 the actual weight is that is that bridge can
hold. The ten ton is a minimum, ten ton per
17 axle is the minimum, if anything it would be
more . So if you' re going to wait for the fire
18 department letter anyway.
CHAIRWOMAN TORTORA: We really
19 have to . That is part of the thing that we
discussed before and we wanted to agree to . I
20 do apologize for the late hour . I recognize
that you people have waited through several
21 hearings to be here and I apologize .
Mr. DiBartolo, why don' t we let
22 some of the neighbors speak, and then we will
get back and try to conclude this with the
23 letter from the fire department?
MR. DIBARTOLO: That ' s fine . And
24 please let me know if I can do anything else .
Thank you.
25 CHAIRWOMAN TORTORA: Someone like
to speak in opposition? Yes, sir .
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Chair, BOARD MEMBER HORNING: Madam
3 I have to leave .
Whereupon, Board Member Horningleftthehearingroom. )4
MR. DIACHUM: My name is RonDiachum. I lived on that property for many5
years . Actually, when we sold it there was anagreement, repair the barns, repair the house6
windows, whatever, and never build the houseup. And all of a sudden one of my neighbors7
goes, how do you like the motel .what? I went and took a look at it
was like8
actually looks like a motel .
It
9
their
I mean, if they can get awapropertydoingthiszonebusiness, I ' d
h
like to make mine, I got 17 acres, mine and my
10
mom' s, and I ' d like to build my ss too .You know, make a trailer park, summerecottages
11
something like that, cause I don' t -
12 CHAIRWOMAN TORTORA: Bed andbreakfastsarepermitteduseinresidentialdistrict . It' s not a business district .13
not a business use .It ' s
14 MR. DIACHUM:It' s making money.CHAIRWOMAN TORTORA: As wediscussedatthelasthearing,ction
15
to the use of it as a bed and breakfastresidentialdistricts, in16theTownBoard, enactedthatlawmany, many years ago and alreadyalegislativefindingthatit ' s allowable
made17
which is allowable b
they' re here . y some permit . That ' s why18Wehaveanumberofbedandbreakfaststhroughoutthiscommunity, but itisnotacommercialuseinourcodes .19
MR. DIACHUM: It ' s not making20moneythen?
CHAIRWOMAN TORTORA: I didn' t21createthelaw. I didn' t write it .MR. DIACHUM: So I can make money22onmypropertytoo.
CHAIRWOMAN TORTORO: If you would23liketohaveabed and breakfast , apply to theBoard, get a special permit, yes, you are24allowedto.
property
MR. DIACHUM: Right away, that25ydoesn' t go through Laurel Wood . ItgoestomypropertydownNorthOakwoodDriveItdoesn' t go to Laurel
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2 Wood at all ' cause we tried it one time, my
father tried it, and it didn' t work. Now all
it 3 of a sudden it works . It goes through North
Oakwood Drive and also the Main Road. There' s
4 no Laurel Wood access to that property,
legally.
5 CHAIRWOMAN TORTORO: Mr.
Goehringer.
6 BOARD MEMBER GOEHRINGER:
Regarding that?
7 CHAIRWOMAN TORTORA: Yes .
BOARD MEMBER GOEHRINGER: I think
8 the issue here is is Laurel Wood, is the
second phase, is that a public road?
9 MR. DIACHUM: Now it is .
BOARD MEMBER GOEHRINGER: I think
10 that' s one of the issues here, that' s still an
issue that' s still unresolved.
11 MR. DIACHUM: Go through North
Oakwood Drive and go to the Main Road.
12 BOARD MEMBER GOEHRINGER: I ' m just
saying that that' s one of the issues that ' s
13 unresolved.
MR. DIACHUM: I request, if
14 there' s a bed and breakfast there, I request a
six foot fence all around my property that I
15 don' t get no neighbors roaming around my
land.
16 CHAIRWOMAN TORTORA: Okay. Thank
you .
17 MR. DIACHUM: My property and my
mom' s property. Thank you.
18 CHAIRWOMAN TORTORA: Is there
anybody else that would like to speak against
19 the application?
MR. TAOIMINA: How do you do,
20 folks, my name' s Matthew Taoimina . I live at
1100 White Eagle Drive . With the 10 , 000 - -
21 what is it ten ton? Ten ton thing on the
axles, when a vehicle of that size is moving,
22 that ' s going to create force . I mean, if
you' re just driving slowly across the bridge
23 with ten ton axle, I can see that, if you' re
moving with a fire truck with water that
24 sloshes around and creates force of its own, I
don' t know if that ten ton is going to be
25 applicable in that use .
So it is a danger and him saying
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2 that well, you know, only the biggest trucks
can go down, well, listen it' s going to be a
3 danger for a fireman. If they need that big
truck to perform a rescue or something of
4 that nature then that bridge should support
the biggest truck.
5 Other things that, if that' s all
that this Board is addressing at this time,
6 there are other neighborhood concerns that we
have referenced, the bed and breakfasts, that
7 there are two other accesses to the bed and
breakfast, I don' t know why this gentleman
8 insists on using our access . My biggest
concern is you have people coming through our
9 neighborhoods, they' re not buying into that
neighborhood in any way. They have no stake
10 in it, and let' s face it, people who are
coming out here to vacation, to visit the
11 wineries things like that, we don' t need
people that don' t have a stake in our
12 neighborhood, driving through our neighborhood
after they have been to a winery, maybe had a
13 few too many, and don' t mind driving through
our neighborhood at fast speeds ' cause what
14 the heck, they' re only here for a weekend or
whatever. That' s a big concern of most of the
15 neighbors, if not all of the neighbors .
Other than that , if they want the
16 bed and breakfast where they are, God bless
them, as long as they have safe access and
17 preferably not through our neighborhood.
BOARD MEMBER GOEHRINGER: Do you
18 know if the roads through Section 2 were
dedicated yet ; does the Town own them?
19 MR. TAOIMINA: I ' m not sure
whether it was or --
20 BOARD MEMBER GOEHRINGER: Does the
Town maintain them now?
21 MR. TAOIMINA: They plow them,
that would be true . If they do plow them, I
22 would assume they have been dedicated.
CHAIRWOMAN TORTORA: Thank you
23 very much. Is there anyone else who would
like to speak against this application?
24 MR. ERICKSON: I ' ll speak .
CHAIRWOMAN TORTORA: Yes, sir.
25 MR. ERICKSON: My name is
Christopher Erickson. I have a parcel of land
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2
1 at 1250 White Eagle Drive .
l 3 My concern is similar toTaoimina, it comes back
toMr.
4 you have an access, there'good neighbors . If
North Oakwood Drive if there s an access to
1///( -
why not go5 ualtoe
way
and avoid the whole neighborhoodginsteadofhavingpeoplethathave
nog
vested6interestintheneighborhoodcomingIdon' t know how large -- this is m
thrrugh.
7 meeting I don' t know how lar Y first
bed and breakfast is . ge the proposed
lookingHow many rooms he' s8for; do you have that available?CHAIRWOMAN TORTORA:9 three bedroom bed and breakfast . It ' S a
bedrooms . Three
10 MR. ERICKSON:dwelling are we lookingHow big a
11 CHAIRWOMAN
at here?
existin TORTORA: It ' s in theghouse . The code allows ,12
by
anybed
and breakfasts, so the ap to five
the maximum Y re not Proposing
smaller bed means . They' re proposing a13andbreakfast .
ML—)that been brought
htRICKSON:
Thank14 You . Has
oodaccess;
g up about a Nocanyouavoidthewhole rLaurelth
wWood15andWhiteEagleDrive,one wa I mean this way it ' s ayinand one way out?16
the first
We
heaCHAIRWOMAN
TORTORA:That was discussed at
ea
have .
believering, I17andtherewasanumberofwiththatbecauseofthedistanceproblemstheo18therewerealot, that was consideredtobe ;alotlonger.
I guess the real issue is that19theaccessthatthe
public roads, they're proposing, they' re
comfortable and as much as you may not feel20havingthattrafficbed and breakfasts going through
yourthe
three
21 they' re permitted to do g road,
public road
andso
because it is a
22 MR. ERICKSON: Okay.CHAIRWOMAN TORTORA:can' t You really23say, okay, we ' re going to discriminateagainstthesepeopleandnot24
re
have access to the same road
thatallw
them to
They' re public roads they' re
You have .
25 roads . Y not private
MR. ERICKSON: Okay. And themainconcernobviouslyisthefireAnyone
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2 that' s been to any kind of fire scene knows
that if they roll equipment, and if they need
3 equipment you can' t get it in there, limited
space . They might have that fire vehicle park
4 some axles on that bridge . I ' ve been to
scenes where you park, you have limited space ,
5 small area, and if the ladder vehicle has to
get in there, it could be from Southold Town,
6 mutual aid come from somewhere else, and if
you need that equipment that can' t get in
7 there,
CHAIRWOMAN TORTORA: We' re going
8 to wait and hear from the fire department .
This access was chosen because it is the most
9 direct access . If there is any problems
whatsoever about inaccess, the Board will look
10 at other alternatives because our charge in
this instance is to insure that the public
11 health, safety and welfare of the community,
we will do that .
12 MR. ERICKSON: Thank you for your
time .
13 CHAIRWOMAN TORTORA: Thank you.
Mr. DiBartolo, I have a suggestion. We' re
14 going to write the letter to the Board, to the
fire district to get their input . In fairness
15 to you, you will want some type of opportunity
to respond; do you want to leave this open to
16 written comments for 'another 30 days ; is that
a fair thing for everyone in the audience?
17 And, of course, you' re all welcome to come
review the file and to go through any new
18 submissions ; is that fair?
MR. DIBARTOLO: What we would like
19 because the fire department has not responded,
your own volition, simply extend the time to
20 send the information.
CHAIRWOMAN TORTORA: We are . We' re
21 going to send the letter. We' re allowing you
another 30 days, however, to comment on
22 whatever they say, and as is customary to
allow anyone in the audience to submit any
23 written comments if they would like to do so;
is that fair?
24 MR. DIBARTOLO: That ' s fine .
MS . KOWALSKI : Can we do 30 days?
25 CHAIRWOMAN TORTORA: We can' t do
30 days because we land on a weekend
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2 MR. DIBARTOLO: There is a another
comment I would like to add if I may.
3 CHAIRWOMAN TORTORA: I ' m sorry?
MR. DIBARTOLO : There is another
4 comment I would like to add, if I may, in
response to other comments that were recently
5 made . The question about the Laurel Wood
access has been said; we went through the
6 permit application process when the bridge was
built . There is no question about access,
7 that is, in fact, a public road, dedicated
road. It borders right on the property and it
8 is the only full-size road available .
The discussion related to the
9 North Oakwood, that the Board members are not
familiar with. It' s a one lane road. It' s a
10 private street basically, private street that
belongs to the members . It' s a one lane road
11 that goes all the way down to Laurel Wood, and
if the fire trucks can' t get in through the
12 driveway that exists now, believe me, they
will never be able to get in from the other
13 end. Because at the other end it borders
right along the wetlands and there just
14 wouldn' t be sufficient room.
Besides it was mentioned at the
15 last meeting, I think we had one of the
witnesses from the area, Mrs . Novak, which is
16 right on my corner that probably had
complained vehemently about the trucks or cars
17 passing by. In this particular situation any
vehicle will pass right behind her property to
18 get into North Oakwood, even though we believe
we do have access going back with an old map
19 that existed in the Town of Southold.
I have nothing further. Thank you
20 very much.
CHAIRWOMAN TORTORA: Thank you.
21 I ' m going to make a motion - - I ' m sorry.
MS . SCHANTZ : My name is Jane
22 Schantz . I live on Condor Court . I don' t
understand or maybe I ' m just ignorant of the
23 fact whether or not if this is a special
permit, is there discretionary by the Board to
24 approve or disapprove this because of the
feelings in the neighborhood, or is it
25 automatically approved as long as they meet
all the requirements?
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2 CHAIRWOMAN TORTORA: Special
Exception is a use which is permitted by law
47--)
3 providing the applicant meets all the
conditions in the code; that' s what a special
4 permit is . So to answer your question, if he
meets all the conditions in the code, he gets
5 a permit .
I don' t have a copy of the code
6 here, but there are a number of conditions we
are concerned with, and one of the main
7 concerns that we have specified in the code is
fire access . That' s one of the reasons --
8 BOARD MEMBER GOEHRINGER: Fire and
emergency.
9 CHAIRWOMAN TORTORA: Fire and
emergency vehicles that' s one of the reasons
10 why we are looking at that very carefully.
MS . SCHANTZ : So basically the 50
11 or 70 families that are going to be part of
their access, don' t get a voice in whether
12 they approve this or not?
CHAIRWOMAN TORTORA: No . We have
13 listened very carefully to all of your
concerns . This is a statement we don' t ever
14 want a bed and breakfast in our neighborhood,
is that justification enough for us to turn it
15 down? No, it isn' t .
MS . SCHANTZ : My understanding in
16 speaking to someone with legal knowledge was
that a B and B, the intent of the code and the
17 law was not to put it in a private residential
area . It was more of the intent to put it in
18 the main street in a big old home to
revitalize the area, bring people in that will
19 walk to the stores and the restaurants .
CHAIRWOMAN TORTORA: That ' s not
20 what our town code says . I don' t know who you
spoke to, but believe me when I say that the
21 town codes , bed and breakfasts are permitted
in R40, R80 , R200, they' re permitted in
22 virtually - - I ' m trying to think of any
districts they' re not permitted in, which
23 might be a marine district, but there' s
nothing in the town code which says they
24 should only be in hamlet areas or shore front
areas . Maybe if there is something that you
25 feel that the town code should be changed, but
I think you' ve been given misinformation.
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2 I 'm trying to be as straight as I
can with you so you' re not under any --
3 MS . SCHANTZ : This is why I ' m
asking. I 'm quite actually ignorant .
4 CHAIRWOMAN TORTORA: Most of us
were . Don' t feel bad.
5 MS . SCHANTZ : I ' ve never been a
part of this before .
6 CHAIRWOMAN TORTORA: That' s okay,
you' re not expected to.
7 MS . SCHANTZ : And I certainly
don' t, Mrs . DiBartolo said to me one time it ' s
8 been her long held dream to have a B and B,
and I certainly wouldn' t want to get in the
9 way of that . My long held dream was to move
to a dead end where there' s only four houses
10 on the road, and I don' t have to worry about
traffic for my children, and that' s why we
11 picked that lot . And they feel that it ' s only
going to be three cars a day, but they only
12 serve breakfast, so they will be going in and
out, for the beach or wineries or whatever,
13 and that is a concern to a neighborhood, which
is filled with children.
14 But I also don' t want to beat my
head against a brick wall . If voicing my
15 opinions, and the opinions -- unfortunately a
lot of our neighbors could not even come
16 because of the work.
CHAIRWOMAN TORTORA: The Board has
17 taken all of your concerns into consideration,
please don' t think otherwise .
18 MS . SCHANTZ : Okay. One more
thing. I know a B and B is not considered a
19 business use, but with this property will
there be able to ever have another country inn
20 built there?
CHAIRWOMAN TORTORA: There are no
21 country inn permits in our code . It' s not a
permitted use in our code . So the answer to
22 that question is no, not at this time .
MS . SCHANTZ : Thank you.
23 CHAIRWOMAN TORTORA: Thank you
very much.
24 I ' m going to make a motion to
close the hearing reserving a decision and to
25 leave -- or rather to close the hearing to
verbatim testimony, and to leave it open for
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158 c\
1
2 written comments until September 18th, at
which time we will close the hearing.
r ) 3 BOARD MEMBER ORLANDO : Second.
CHAIRWOMAN TORTORA: All in favor.
4 Whereupon, all Board Members
responded in favor. )
5 CHAIRWOMAN TORTORA: Thank you
very much.
6 Time ended: 4 : 30 p.m. )
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COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit E
2005 Deed Dibartolo to DiBartolo
recorded in Liber 12435 Page 494
I 127-'b- &,-3
NY nos. a_in qui S....Oced wi... c..vcaaIllUpiluaG.r.ullur" A<u ladividual urC_iaa (Sinllc SJ.t1 (NYBTIJ 8002,
L I ;1..1 2> CONSUI.TYOUR LAWYER BEroN!! SIGNING 11IL~ INSTRUMENT. THL~ INlITRU~IENT SHOUl.D at: USED BY LAWYI!R.~ Olio'LY
PyqLI THIS INDENTURE, made lhe Sf++- day of November
BETWEEN
Nlrolo DiBartolo and Caroline S. DiBartolo
475 Condor Court
Laurel NY 11948
in \he year 2004
pany of Ibe filS! pan. and
a:.......~:~:!.~ q;v',rJJht '( Y'';'" "" . . ~ . - I I.'" ":1,\Tn~i:'..J I' ....
Y,'''!.J,1 ,', ..' - 'r-II::')t., ...1",,- :....l'(J.c"..ntrJ.:h.1
Nicolo DIBartolo and Caroline S. DiBartolo
475 Condor Court
Laurel NY 11948
party of the seeond pan.
WITNESSETH, I/tallhe party of the fil1il pan. in eonsidelDlion ofTen Dollors and olher valuable eOllllider~lion paid by lhe
pany of Ibe second part, does h"",by granl and release unlO \he party of lbe second part. the hei.. or SUC<.."..OI1i and ...igns of
the party of the second part fo",v.r.
ALL lbal c:ertain plOL piece or parcel of land. wilb lhe buildin~ and improvemenl< Iht:rcon erec:1ed. situare. lying and being in \he
SEE SCHEDULE "A" DESCRIPTION ATTACHED
BEING AND INTENDED TO BE the same premises as conveyed to the Grantor(s) by deed
made by Eleanor Diachun and Rose Dlachun, dated 4125/94 and recorded 5/18194 In L1ber.
11677 at Page 427.
SUBJECT to covenant and restriction required by ~ew York State Department of
Environmental Conservation ("NYSDEC") as set forth In Schedule "B" annexed hereto.
PREMISES ALSO KNOWN AS 475 Condor Court, Laurel NY 119411.
District: 1000 Section: 1Z7.00 Block: 02.00 Lot: 006.001 & 006.002
TOGETHER with all righl, tille and inlCl'elil. ifany. uf lbe party of the fi..l part of. in und 10 any SlreelS and roads abolling the
aoove-<lescribed promi.... lu the cenlCr lines \hereof; TOGETHER wilb \he appurtenances und all \he eSlalC and righlS of lhe
party of the first pan in and 10 said premises; TO HAVE AND TO HOLD lhe premises h....in granled unlo the party of the
second part. lh. heil1i or .=....<01'5 and lL.sig"" of Ih. pany uf Ibe second pan fUR:v.r.
AND the party of Ibe fin" part covenanlS I/talthe party of lhe lirsl part h1L< not done or surr"",d anything whereby lbe said
premises have been incumbered in any way wh...v.r, .~c:epllL. aforesaid.
AND lbe party of lhe firsl parl in compliance with Section 13 of lb. Lien Law. covcnun.. lhatlhe party of \he fi1511"U1 will
receive the consideration for lbisconveyance and will hold \he righllo receive such consideration "" a truSl fund 10 be applied
lirsl for the pUI'JlOSC of paying the COSIOI' the improve.nenl and will apply lhe sanle first 10 the paymenl of \he cost of lb.
improvemenl hefore using any part of the lotal uf lhe ..me for w.y oth.r pu.".,...
The word "party" shall be eonslrued as if il read "parties" whenever the ...... of this indentuR: so requires.
IN WITNESS WHEREOF, the party of the firsl part has duly e,.cUled Ibis deed Ibe day and year firsl above wrillCn.
IN PRI!SF.NQ; 11I':
Schedule A Description
ALL that certain plot, piece or parcel of land with the buildings and improvements thereon
erected, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of
New York, being bounded and descnbcd as follows:
BEGINNING at a concrete monument set in the Northeasterly comer of the premises to be
descnbed herein, said point also being dividing line of the Northwesterly comer of the land now
or formerly ofRasweiler, the Northeasterly comer of the pn:mises to be described herein, and the
land ofthe Long Island Railroad Company;
RUNNING THENCE along the land now or formerly of Rasweilcr, the following four (4)
courses and distances: -
I. South 37 degrees 34 minutcs 20 seconds East ~.;;)feet'19 a concrete monument;
2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a conaete monument;
3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument;
4. South 17 degrees 48 minutcs 40 seconds East 740.64 feet to the land now or formerly ofT.
Diachun; -
THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly ofT.
Diachun and the Northerly lot line ofLot 7 as shown on a certain map entitled, "Map of Golden
View Estates", as filed in the Office ofthe Clerk of the County of Suffolk as Map Number 7770,
420.26 feet to a concrete monument and the Easterly line of Lot Number 8 on the aforesaid map;
THENCE North 31 dcgJ:eCS 54 minutes 30 seconds West along the said Easterly line ofLot
Number 8 and the Easterly side of a recharge basin as shown on the said "Map of Goldcn View
Estates" 173.70 feet;
THENCE North 12 degrees 30 minutes 30 seconds West still along the Easterly side of said
recharge basin 138.69 feet to a concrete monumcot;
THENCE North 63 degrees 58 minutes 20 seconds West along the Northeasterly side of said
recharge basin and the Northeasterly side ofCondor Court as both are shown on the said "Map of
Golden View F.states", 208.05 feet to a concrcte monument and the Easterly side of Lot 15 on the
aforesaid map;
THENCE North 44 degrees 34 minutcs 10 seconds West along the said Easterly side of Lot 15
and the Easterly side of a "Parle and Recreation Area" as shown on the said "Map of Golden
TOGETHER with all right, title and interest ofthe party of the first part, in and to the land lying
in the street in front of and adjoining said premi!lC.~.
View Estatcs" 213.35 feet to a concrete monument and the Southeasterly side of said "Park and
Recreation Area'" .
mENCE North 3 degrees 29 minutes 10 seconds East along the said Southea.~terly side of thesaid "Park and Recreation Area" 356.56 feet to a concrete monument and the land now or
formerly ofK. Leeds;
THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerly ofK.
Leeds 424.26 feet to the land of the Long Island Railroad Company and the Northeasterly comerofthepremisesdescribedherein;
THENCE North 46 degrees 43 minutes 10 seconds East along the land of Long Island Railroad
Company 432.59 feet to the point or place of BEGINNING.
TOGETHER WITH the benefits and SUBJECT TO the burden of a certain right of way to
Main Road being bounded lII!d described as follows:
BEGINNING at a point on the Southerly side of Main Road, said point bearing South 47
degrees 23 minutes 00 seconds West 7.03 feet from a concrete monument set in the said
Southerly side ofMain Road marking the Northeasterly comer of the land now Dr formerly of
Qualls and the Northwestcrly comer ofland now or formerly Sawicki; said monument also being2,077 feet, more or less, Easterly from the Easterly side ofLaurcl Lane;
RUl'o.'NING THENCE South 20 degrees 17 minutes 30 seconds East, through the land now or
formerly Qualls I 12.72 feet;
THENCE South 22 degrees 06 minutes 30 seconds East, still through land now or formerly of
Qualls and the land now or formerly of MeCarthy 205.04 feel to the Eastcr:ly side ofland now or
formerly of McCarthy and the Westerly line of land now or formerly ofSawicki;
THENCE South 20 degrees 17 minutes 30 seconds East along the said land now or formerly of
McCarthy and the land now or formerly of Sawicki 758.88 feet to the Southerly line of land of
the Long Island Railroad Company and the Northerly line of land now Dr formerly of Rasweilcr;
THENCE South 46 degrees 43 minutes'lO seconds West along the said land of the Long Island
Railroad Company and land now or formerly ofRasweiler 8.66 feet to the extreme Northerly end
of an arc of a curve;
THENCE Southerly, Southwesterly and Westerly along the arc ofsaid curve bearing to the
right, being subtended by a chord bearing South 26 degrees 58 minutes SO seconds West a chMl
length of23.69 feet, 'said curve having a radius of35.07 feet, a length of24. I 7 feet;
THENCE South 46 degrees 43 minutes 10 seconds West, through the Northerly side ofland
now or formerly ofRasweiler 428.92 feet to the land now or formerly of Rasweilcr and the
Easterly side of lilnd now or formerly of Diachun;
TOGETHER with all right, title and interest of the party of the first part, in and to the land lyinginthestreetinfrontofandadjoiningsaidpremises.
SCHEDULE B
This covenant shall serve as notification that regulated freshwater wetlands #MT-
26 is located on the property of Nicolo and Caroline DiBartolo and their heirs,
assigns or successors as described in the Suffolk County Tax Map as District 1000
Section 127.00, Block 02.00, Lot 006.001, located in Laurel, New York, which is
therefore subject to current environmental conservation laws regarding the conduct
of regulated activities on such property.
Whereas, it is the responsibility ofthe owner of the property to obtain a current
description of all regulated activities from the New York State Depanment of
Environmental Conservation ("NYSDEC") or its successor organization for the
purpose of determining what is considered a regulated activity. Performance of
any regulated activity wiII require prior approval by the NYSDEC or its successor.
The foregoing covenants shall run with the land and are binding on this owner and
his heirs and assigns, forever.
THENCE North 37 degrees 34 minutes 20 seconds West along the said land now or formerly ofRasweilerandlandnoworformerlyofDiachun8.04 feet to the Southerly line of land of theLongIslandRailroadCompany;
THENCE North 46 degrees 43 minutes 10 seconds East along the said land ofthe Long IslandRailroadCompany428.J2 feet to the extreme Westerly end ofan arc ofa eurve;
THENCE Easterly, Northeasterly.and Northerly along the arc of said curve, bearing to the left,being subtendcd by a chord length of29.89 feet; said eurve having a radius of 27.07 feet, alengthof31.66 feet;
THENCE North 20 degrees 17 minutes 30 seconds Weslthrough Ihe lands ofthe Long IslandRailroadCompanyandnoworformerlyofMeCarthy746.05 feet;
THENCE South 69 degrees 42 minutcs 20 seconds West still through the land now or formerlyofMcCarthy2. 0 feet;
THENCE North 21 degrees 33 minutes 00 seconds West through the land now or formerly of
McCarthy and the land now or formerly of Qualls 205.0 feet;
THENCE North 20 degrees 17 minutes 30 second.~ West still through the land now or formerlyofQualls108.0 feet to the Southerly side ofMain (State) Road);
THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main (Stale)Road 12.97 feet 10 the point or place of BEGINNING.
TOGEllIER with all right, title and intere:.-t of the party of the first part, in and to the land lyinginthestreetinfrontofandadjoiningsaidpremises.
U~AaNOWUi1JGMENTFODIBl!LOwwmIlNNEWyJ:;TAn;ONl.I~
StateolNewYork,Countyof Suffolk . I ,..,
On 1he,"'tyOf November in1he'J!'llf 1004
before me. !he undersigned, penonaI1y ~ I
Nicolo DiBartolo and Caroline S. DIBartolo .
pcnonaIly known to me or prow:d 10 me on 1he basis lof lllIIisfllClOl)'
evidence 10 be \be individual(s) whose nmn:(sl is (an:) ~bed to the
willlin instmnu:n\ and ocknow\edged to me lhat ~ cxa:ull!d
1he smne in hislherllhcir cllpUI:ilylies). and thai jjy hWhedlheir
sign.Uft(sl on the inslJumenI, \he individual(sl. or lIic person upon
behalfof which the individlllll(s) ~~ \he inltnnncnL
7>..~~. __.."
c.....-- ~l;D S. DESMOND
NOTARY PUBlIC. Stale 01 .... YllItc
No. 02DE4Il94&1l1
Qualified In SulloIk COUntY 1_
CommiBIion Expires April 13. 20 ~
AC/UI'OWUJ1XJMENT Font FOR USIl WITIlIN NEW YOU'STA TP.ONLI',
IN.... Yod s./ucrlbblg WI..... Actn....,.._, OI,j1jl</W1
SllIte ofNew York, County of j
Onlhc _or ~1he~
hefolC me, the undcnligncd. pcn;onaIly 3pJlllORllI I .
the subscribing willlc:SS to the fon:going illlllluJTlenl. with whom I wn
personally lIlXIuainled. \\i1o. being by me duly s~. did depose and
say that hdsheIthey rcside(s) in I
ifl~ place ofn.<idona i. in a dly. include dJ<o Ilrrtll uiuJ nrwlllllUtlbflr.
ifan.v. I~nt.>f); lIull heIsheIthcy bow(s) I
to be the individual described in and who exc<.'IIli:d the forcgoinJ
in.<ltUmenl; lhat said subscribillll wilOCSS w.. present 'and saw said
euolle the same; and lhat ..w willleSS at 1111: sarnl'ime ...bl<aibed
hisJhedlhcir rwnels) as a wi...... therclO.
BARGAIN a SALE Dt:m
WTnI CUYF.HANIS AOAINSTCJIIANTOR"i ACI'I
T1TuNo.
NICOLO DI BARTOLO AND
CAROLINE S. Dl BARTOLO
TO
NICOLO DI BARTOLO AND
CAROLINE S. DI BARTOLO
I'
I
FIDELITY NATIONAl. TITLE INSURANCE
COMPANY OF NI!:W YORK
IIIOJllI'OIt,..m, 1f1111
m."'" FitkUty .l='V---",
NrwIhltSlWlr'-'l...."""'a.-
i!
i;j
IL
o
II:
II>
IIIII:
j
U!iBAC6NOWIElX"NI!NTFOIIM IJD.oW'tlmlINNNW)"URII:.\TAJEONl.Y,
Slate ofNew York, Countyof
On the day of . in the ye-.... 1004
before me. the undersigned. pen;ooa1ly llJIIlCarcd
JlCIl'lllWly known to me or provod 10 me 011 the basil; of IIIIlisfactory
evidence LO be 1he individuates) whose IllIIDt!(.S) is l=1 subscrihcd LOthe
willlin iru;llWneDt and acknowledgcd LO me thai heJsheIIIu:y cxccU\ed
1he same in hi5lherl1heir capacily(ies). and thai by hiolherllheir
gnaturc(.) IllI !he illllllUlDCDl. 1he individuates). or the penon upon
behulf ofwhic:h the indiyidualCsl1lClCd. execuled the illSlnlllllllll.
Acx.\'(1'tl'I.F.uc;.III'.N1' l'OIlAf f'OI/, US/1Ofl1SlDli NEwYOI/1CSTAJEONU",
IO.,D/StaI.., Forn,_ G...rtrlAcb,,"""'_ CmiJlaU'l
ss,:
C",rplrlt VI',",d wllh."Ul<<. C,IUnI'I)'. "rrn.;nc.~tJI'MlllliripiJlill}
On lh&: day of in the year
hcfUIC me. \he undc:n;igncd. ".",,,o,,lIy appeared
nally known IU .oe or provelllO me on the basi. of salisfllC\Ory
evidence '" be lh&: individwl(s) whose I\IlIIIC(s) i. (lIIC) ""bl<aihcd to 1he
within illSllUnu:n\ and ucknowledged LO me thai hdshellhcy exc:c:ull!d
the same in hilllhcdlheir capacily(ies). thai by hislherl their llignatun:(.l
on the in..uumerll.lh&: indiVidualI.). or !he person upon behalfofwhich
the indiyiduaICI) ucu:d. ellCClllod the inlilMI1l:III. and lhatsuc:h individual
II1lIIk such appeanux:c before the undersillnell in the
I""", 1M dl)' or odt" pu/iliml mhdivisiO#l and I~ slUll: or allllllry or
lJl~r plua I/u! uc!;nm.1tds:_III".". luUn1
DIS'f'Rlcr ]000
Sr.cnoll 117.00
UI,OCK 03.00
LoT 006.001 & 006.001
COUNTY OR TOWN
RHC.'ORDED AT REQUf:!.TOF
1'1dell1y N811o.aa1 TIlle Insurmice ComJllUlY of New Yon
IIt.7VRNRYMAII. ro
DAVID S" DESMOND, ESQ.
VAN NOSTRAND & MARTIN
53 BROADWAY- BOX 307
AMITYVILLE NY ] 170]
Number of page~
TORRENS
Serial #
Certificate #
Prior CIf. #rz,O:
2-10
Deed. Mortgage Inslrument Deed I Mortga~..e l'~x Stamp
3 FEES
Page I Filing Fee 7-1
Handling S. ..lllL
5"TP-584
Notation
EA-52 I 7 (County)
EA-5217 (Stale)7-)
3fJ -
Sub TIlIal
R.P.T.S.A.
Comm, of Ed.S. JllL
Affidavi.!
Certilied'Q,py
Reg. Copy
Other
Sub Total
5 Gr.utd Total
4 Di~triet 1000 Section
Real
Property
Tax Sc:ivice
Agency
Verilication
3127.00 Block
05~~08
f\tMA A
EC
1000 12700 0300 005003
6 SatisfactionlDischargeslRcleuse Listl'ropcrty Ownc:n Mailing Address
IlECORD & RETURN 1'0:
Da\id S. Desmond, Esq.
VAN NOSTRAND AND MARTIN
53 BROADWAY
1'.0. BOX 307
AMITYVlLLE NY J17UI 7
RECORDED
2005 [)ec: 14 02:24:56 PM
Edward P.Romaine
CLERK OF
SUFFOLK COlklTY
L DOO012425
P 494
PttlliirM.g Stamps
Mortgage AmI.
I. Ba.~ic Tux
2. Additional Tax
Sub Totul
Spec:. I ASsi!.
or
Spec. I Add.
TOT. MTG TAX
Dual Town _ Dual County _
Held for Appointment _
Transfer Tax 'P
Mansinn Tux
Tbe property covered by this ',!o18age is
or will be improved by a one or two
family dwelling only_
YES or NO
If NO, see appropriate tax c:Jause on
pagc # of this insJrUment.
5 Communlt Preservation Fund
Consideration Amount S
CPF Tax Due
Improved
VlICI\nl~d ~
1'0 :If)
TO
TD
Co. Nwne
Tille # 1. - S - 309'1
8 Suffolk County Recording & Endorsement Pa e
This page fomlS part of the aunched DEED made by:
SPECIFY TYPE OF INSTRUMENT)
Nicolo DlBarlolo and Caroline S. DIBartolo The premisis herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO . In the Township of South old
Nirolo DIBartolo and Caroline S. DIBartolo In the VILLAGE
or HAMLET IIf
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
Laurel
111111111111111111111111111111111111111111 1111111111111
1111111 111I11111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DBEDS/DDD
Number of Pages: 7
Receipt Number : 05-0129763
TRANSFER TAX NUMBER: 05-19305
Recorded:
At:
12/14/2005
02:24:58 PM
LIBER:
PAGE:
D00012425
494
District:
1000
Section: Block:
127.00 03.00
BXAMINED AND CHARGED AS FOLLOWS
0.00
Lot:
006.003
Deed ADIount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $21.00 NO Handling $5.00 NO
COB $5.00 NO NYS SRCHG $15.00 NO
A-CTY $5.00 NO :&A-STATE: $75.00 NO
TP-584 $5.00 NO Cert.Copies $0.00 NO
RPT $30.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Co_.pres $0.00 NO
Fees Paid $161.00
TRANSFBR TAX NUMBBR: 05-19305
THIS PAGB IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: htlp:/f www.orps.state.ny.us or PHONE (518) 473-7222
REAL PROPERTY TRANSFER REPORT
FOR COUNTY USE ONLY
C,. SWIS Codo s< '7 , ~ J? oS , r I
cz. Date Daod R_rdod J ~ / / f/ / O.s-1I.."lh .... v_
C3. _ I / ~ ,Y ,.J.. S"tC4. Pogo
o
PROPERTYINFORMATMON
lit
ILocodan 475 Condor Court
NAIAIITVTNU~"
Southold
CllY,,"~
laurel
STAn Of NEW YORK
STAn IIOARD OF REAL PIIOPERTY S1!R\llCES
RP - 5217
fll' I" JII'I
11948
2._
Nomo
DiBartolo
lASf NAIl[ lCOMI'AN'l'
DiBartolo
Nicolo
Caroline S.
IMrNAIII:/CQIII'ANY rN.....::
3. T.. Indicnl....fulUfIITp:8iIll.fIItotJ.lII..
IInllngifGlIh.chln buvw Midr-. Car baaDm of ianni .
Ad_IAlI MlIlllilCQIWtANY
111M'" NUIlIKIl ArC>> IITJlUT NM'l!:a'IYQflICMtriI
I...... the number of ~''''nI
Ran "'-1 Ir........ 011 .... ....1.I 'of Parcell OR D Pin of . P.rcoI
5.=..., I
SIa J 1. 0.0 IIxI
D!Pr't
lOR I
HtDNr ..~
Sell...
Nomo
DiBartolo
INMtlo/COllPNft"
Nicolo
lISl NAIA
UUP'~
IT~Tf Z1Pcca
10nIy..... 01 0 _0 _ _lIloy oppIy:
PIonnlng Boanlwfth SubdMslon....__ .0
CII. SublNllon AppIVQI WII RaquirGd for T.....a' 0
c. PI. Apprawd for Subchvlslon with Mep PnMded 0
LAlIT ~[fCOMlWn'HIIIoINMa.
Caroline S.
I. CIIIGII. _ _ ..... rillh_ ......... _ I J" ~ 1- to tr....t.r:
111 BMweIn Rellti..,.. or Former RlAltive,
B &lie ~ RoII&ecI CampI~ or Putnen in au......
C 0... of Iho Buvera II allO . Sellar
D Buyer Dr SoIIor I. Govammant Agancy or lJtnding lnItllllllon
f. DIed Type nDl WarflnlY or s.g.in .nd .... {Spedty Below'
SaI. of Frllelionll or '-- thin F.. In_ (Specify BeIowI
G llIgnillconl Chango In "'-rty _ T_ SI.... _ Solo Do.
II SIll. at BwII"lUl .. IndudId In Sale Price
I Othor UnuouaI _.. AlIoctIng Solo Prl..l~ B_
J NOlMI
c.~ ~ D.k~7'.4IC7'''k.J
o
DiBartolo
7. CIwak the baK bel... ..... mo. ecantely ...... the .. 01 1M praperty .. 1M 11m. at ....:
On. Fo...., _ontlol
2 or 3 F.mlly Rnldltntiel
C ...._1 Voconl ....nG
D Non.AOIidClfl\l,1 Vacant LInd
I SALE INFORMATION I
11. .... Contrtlct o.te
E~"""'''''''
F Cammaod..
C; _
H Entlnlinmlnll AmuIemInI
I ~ Communlly SoMco .
J 1ndu1b'i.1
K PuIlIIc SoMCll
J. F....
12. ~ of ...., T.......e 8 04
v..
0-, .0,0 I
Full s.t. Prlella the lO&IIlMounI ,.Jd fOf lhe properly inIIuding pertOnII propeI1y.
Thla perm,,. rNY .. In the form at CMh. oIhar praperty or aOOdl. or lhe euumpdon of
mortg,lges or other obligl1ionLJ ".... round to ",. ,..~r "'"* daIIM .mount.
0-
13. FuU .... Price
I 0 0 IIn...._. ~ '
ASSESSMENT INFORMATION -Dolo Ihould reftc tho 101001 Finol _. Roll ond r.. Bill
o. v..... "'-~_,'_lnom I tJ ,~I n. Tolo'_ V_ 101011 po_In _I IwhichI....... , ta'-n
1';
Ai. I./J I-LJ 18._010__ I 11,1)o. "'-'"' CI_
20. T.. Map ............11 RoIIIMnIiI.... OIlftOre ""n tour. MIIlIh eheet with e&IcPIio8I ~n
1000-127.00-03.00-006.01 & 006.002
lIloy-
e. OwnIn''lIp Type II Condominium
I. Now ConllructlGrl on YlC8l'll UncI
OA. PropIrty locMU wilhin ., Agrk:Yllurel DimIct
au.,., recotvod , dIIc:IaIur. IIOlicIllldic:eIing
1hlllh. J"PIdY' illn In Agricultural D11111ct
o
o
o
D
J~{~;
J ./J
I
l CERTIFICATION I
certlfy IIuot .. vi Ihe Ik_ vi _dun "'Ie"" WI IhIIIIbnn ,.:. """ ...._ ,... Ihe ..... .. "" "-1Il' .... brllYll end [ ............. IIIIIt .... IIIIIIdntl
nlull!' _., _ .. _101 ..... _ "lIIl1U1\11d ... 10 Uoe __ vi.... ...... low .-J.. 10 lbr ............ tllntl II _I..........IL
x/-+
J;.~
qJ04 ~_ ~-:ws.
icOlO D~~ LAlr_ ""..HAM'
475
1 NlJIIlIIIlIt
COndor Court
1...rN/l....IAFrIR~'
631
AVA<GDI'
Laurel
cmoOA1OWM
NY 11948
A"ClIllC
0/"
264-0303
1lU!I'ttONI! NUMIUI
NEW YORK STATE
COPY
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit F
1966 Map
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit G
1977 Map
TOWN OF SOUTDOLD
REAL PROPERTY TAX MAP
COUNTY OF SUFFOLK , STATE 0 F NEW YORK
DISTRICT 1000
Meruw VIO T 0.WF"LK TOO ...DEPOF 1LVT Or rueu,IO E W.w.nrroHnLunaxxD.R.1ME or TOO w. w er wruvlloH or TNa couxTr ar
REµreerltTT TAX JIRYIC!A,JxCl.LWWO JOnbKliDX A IX.TOOL WHY• Yl
ro APPOINTMENT OF OIDJCTOI WOYST IJ.I'll SUFFOLK
COYNTI REAL NROIC.IT TAX SEMICE A$kKI l6et.
ruC.[ciwEN K JIuu.O. X. LEA. i TMTJ!
1WS ARE CONrKID IRO*RECORDS FRED b TM[OAK!W TxE COYNT E[mnpL nuurpulu - me..
Or OW.".cw."uq JRW OInER AYUTAELE MrORYTgN,T1*[l E"
In H YE WEDwRwRvtTwO.CMYI. KOr LAW.O.OTNEE IR[GM W.
roHI Dw tel
IMPORTANT
T A
w1JT M1Y.IM lw Ict LJ,wuA.,..r,r EMORDERTOSIMPLIFYTHISMAR,ALL NON-ESSENTIAL ZEROS SY' ITITlLG'wlit LfNNE
NEN ELIMINATED FROM THE PARCICS TAX MAR IDENTIFICATION NUMBER.
THEREFORE, AN IDENTIFICATION NUMBER ON THE INDEX TO THE
TAX MAP SMALL APPEAR: 1000 001.00 OWO 01OI.000•WHEREAS
ON THE MAP ITSELF IT.SMALL 4PPEAR: 1000 001 1 1 RM N..
Ynp*.M .Y w OFAPORTIONOFTHENUMBERISDECIMALIZED, APPROPRIATE wAai.'..::...y rESSENTIAL
ZEROS SMALL APPEAR OR THE MAP. THE NIOEX 0n M AXIAI MALL
SHOW. 1000 DOLOO 0400 001.001, WHEREAS THE MAP rrSELF
WILL MOM 1000 001 1 1.1
r•
i
FOR PIRCEL004SEE SEL.i[ uL` $` NOJ25-rr. 03-000.1
l SEE SEC NO 125 Srl , SEE SEC. NO 125
4
MATCM._ LINE. 13AIc) ry .,_.MATCH _ _ LINEMATCH LME NaTFX NE__. _MATCH _ LINE 1( LINE
O 1
5
V
r FOR PARCEL NO I S s'b FOR PARCEL N0.S\
a
LOA(O00 SEE SEC.NO
T'• 125-03-002.1 SEE SEC. NO. 125.00.021
5.2 b.
s 0ry aoa NS O ai.
LOA Ob 99.
sr.
A
AAG
b SO A(cl F
Q Nt
z _
t b.SA(0) q
A Ixa[su 3 09.0 I
iJ9L.16 f.ad 69 A(d 1 ••• VJb.
35.7 A 12
e 33.2 AM) 0 s
2 Z P- 2;A(4
IW d(d 1 b.
a
Q 11.9 aIel
Ao \
ee
PS a.P
n
s.1rs.zaA ss A(m lS.6lld
O3.55-F A
17L \ A ., b. 1.
42 \ 2 1' •I .L av
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fir
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N
N
Y\ s N h`9!. a `' Uakt 13.5 AW
1
n A
o 3 7
M 3 s
r.
FOR PARCEL N0.
SEE $EC. N0.129-01"001
n z%mq
v L
Z S b •
a
e o t • 0b
b a s •
38
MATCH LIME O 0 R
NL[u OA.o oawu I.. • noP[cn[' N a D O'
SNL
Y[ .n it rw[ FBI....Ann Ts
uwow " u[R usrMroNn o . .as+oN or
381RSTAwnA.wT w.
Inw ".
MMC[ IC[M
Legend REE uv - COUNTY OF SUFFOLK 1ECT10M No
RICxAEI BAKER. IR. P•wh RNl+. C•.nh luw F P vLw _--[-- [µw+Pwi.e Lw._—M-- LLe---..Wtl. 13R
UTH _
N.Y P.(.1111} 0•'^•••C^e 6..e • Ts.l DaMar lrrw __ RMry O.an•.al R - 0..d0 y .r Real Property Tax Service Agency YLUGE OF
ALL wru}.__. -_ . A --
127
COunly een}eT OgTRurr N0. 1000 _ __ _ O _
R..I.W MM L' - P.A pi M:n Lw R R+..I M J 0.^1 F+.n IYIe)
r.a.. saua .rLr _-fcx s....d.r.:..L.r s s+e••,.-.6'tL l." Rtl ca.,.l.+.e A,- uA ld Riverhead, L 1., New YorkPROPERTY MAr...W......r....r.....a.
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit H
Planning Board Memo,
dated April 25, 2024
OFFICE LOCATION:MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 a; Southold, NY 11971
cor.Main Rd. &Youngs Ave.)
Southold,NY Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
From: James H. Rich III, Chairman
Members of the Planning Board
Date: April 26, 2024
Re: Request for Comments Gebbia
SCTM#1000 127-3-6.4, 6.5 ZBA#7902
The Planning Board has reviewed the requested variances and is opposed to the action
for the following reasons:
1. The proposed lot is in a sensitive environmental area adjacent to marine
wetlands Brushes Creek is a NYSDEC Critical Environmental Area.
2. The probability of the access to the lot flooding due to sea level rise is high. The
road and bridge access from Condor Court was established by a Southold Town
Board of Trustees Wetlands Permit Number 4551. The permit limited the use of
access to one a "1-family" home. A second access to NYS Route 25 is also
available.
3. The subject parcel is located in FEMA Flood Zones AE EL 6 and mapped X.
Expansion of structures within these areas is not recommended. Conversely,
structures in these areas should be minimized to prevent damage and loss from
flooding events.
4. The 200' lot width does not conform to the bulk schedule in the Agricultural
Conservation (AC) Zoning District, where 250' is required. The Planning Board
does not support the creation or recognition of nonconforming lots in locations
that are in environmentally sensitive areas. The concerns here are:
a. The function of the sanitary system and the impacts on Brushes Creek
water quality
b. The distance from the lot improvements and the impacts on the Brushes
Creek watershed.
rmrrap Ye.yra v f- C .xdb;rvo-rti Y'F".
Figure 1. Single Family home on subject parcel showing FEMA flood zone limits.
The Planning Board has considered the parcel location, surrounding community
character, existing build-out, and location of structures and vegetation on the parcels.
Thank you for this opportunity to provide comments.
N
SURVEY OF PROPERTY
SITUATE p
jos°
Irk
LAUREL 100
TOWN OF SOUTHOLD S i9
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000- 127-03-6.4 5..:
SCALE 1 "=60'
AUGUST 3, 2012
FEBRUARY 6, 2013 ADD TIDAL WETLANDS LINE
APRIL 11, 2013 REVISED AS PER DEC NOTE
AUGUST 30, 2013 ADD PROP. SEPTIC SYSTEM
OCTOBER 28, 2013 CORRECT PROP. SEPTIC SYSTEM LOCATION
MARCH 21, 2023 UPDATE SURVEY
OCTOBER 12, 2023 ADD RIGHT OF WAY
TOTAL AREA = 735,889 sq. ft.
16.894 ac.
FRESHWATER WETLANDS = 72,731 sq. ft.
TIDAL WETLANDS = 338, 312 sq. ft.
UPLAND AREA = 324, 846 sq. ft.
NOTES:
1. RIGHT OF WAY TO MAIN ROAD (S.R. 25) IS AS SHOWN ON
SURVEY BY RODERICK VAN TUYL DATED APRIL 22, 1987.
C
COVERACE DATA OVER UPLAND AREA 9
G
FOR DEC 01i>_
JyFo
DESCRIPTION AREA X LOT COVERAGE rQ
BARN 2,270 sq. ft. 0.70X
2) COVERED PORCHES 609 sq. ft. 0.19X ppL
js
2nd STORY DECK 146 sq. ft. 0.04X
O
STONE PATIO 413 sq. ft. 0.13X O
STONE WALKS k STEPS 462 sq. ft. 0.14X
BUILDING 769 sq. ft. 0.24X
2) STONE APRONS do STEPS 106 sq. ft. 0.03X
SHED k R/0 GARDEN ENTRY 146 sq. ft. 0.04X 4
ARBOR OVER GRAVEL 1,049 sq. ft. 0.32X
k \
BRICK WALK 130 sq. ft. 0.04X
2) BRIDGES 278 sq. ft. 0.09X
TOTAL 6.378 sq. ft. 1.96X h
COVERACE DATA OVER UPLAND AREA
FOR TOWN OF SOUTHOLD IoW-0
DESCRIPTION AREA X LOT COVERAGE
BARN 2,270 sq. ft. 0.70X
2) COVERED PORCHES 609 sq. ft. 0.19X COQ
2nd STORY DECK 146 sq. ft. 0.04X
BUILDING 769 sq. ft. 0.24X
b
SHED do R/O GARDEN ENTRY 146 sq. ft. 0.04X
ARBOR OVER GRAVEL 1,049 sq. ft. 0.32X t
TOTAL 4,989 sq. it. 1.54X yo
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Successor To:
Joseph
Stanley
AJ.
Ingegno L.S.
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Title Surveys — Subdivisions — Site Plans — Construction Layout
PHONE (631)727-2090 Fax (631)727-1727
OFFICES LOCATED AT MAILING ADDRESS I lip
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1586 Main Road P.O. Box 16 a
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E—Mail: NCorwin3®aol.com
N.Y.S. Lim. No. 50467
O
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit I
Judgement
Diachun v. Half Hollow Nursery, Lloyd Rasweiler,
Long Island Rail Road Company, George A.
McCarthy, and the People of the State of New York,
Index No. 88-014985
(Suffolk Co. Sup. Ct. October 15, 1992)
I
e6. il/30N5'
1(-44~d$~
an may at Law, do n&r~
pursuant 10 See. 210S CPLR. thai I
have compared the 10re90i'19 w~h the
origInal and h"''ii3 iCilild it I,) bo 1~ true
ii'id ,:cmp' Cf;T;>J. - -c:;;/~ I-Osler;: _ ,e; :c_
At a Trial Term, Part I of the Supreme
Court of the State of New York, held
in and for the County of Suffolk at
the courthouse thereof, located at
Bay Shore Mini Center, 1700 Union
ulevard, Bay Shore, New York on the
5-rf~day of 6lc.Yr)ef-f., 1992.
PRESENT: HON. PAUL J:. BAISLEY, Justice
X
ELEANOR DIACHUN and RIOSE DIACHUN,
individually, and as Successor
Co-Administrators of the goods, chattels
and credits of MARY DIACHUN, deceased,JUDGMENT
Plaintiffs,Index No. 88-014985
agalinst Calendar No.
9l-01234EQ
HALF HOLLOW NURSERY R
RASWEILER, THE LONG I
OMPANY, GEORG A. Me
QUALLS, an HE PEOPL
NEW YORK,
ALTY CORP., LLOYD
L ROAD
ARTHY LILLIAN
OF THE STATE OF
Defendants.
X
ENTERED: OCT 1 5 1992AT: II: 30 /hn
The issues in thi~ action raised by the Summons, verified
Complaint and Notice ~f Pendency filed herein, by which it appears
Plaintiffs brought th~s action against the Defendants for Judgment
pursuant to Article 15 of the Real Property Actions and
Proceedings Law to de~ermine the location of a certain easement
of right-of-way over property owned by the Defendants, Half Hollow
Nursery Realty corp.,IThe Long Island Rail Road Company, George A.
I
McCarthy and Lillian ?uallS and upon the pleadings and all other
papers filed herein aId all the proceedings had herein, and the
matter having been re ularly brought on for trial before the
Hon. Paul J. Baisley,ITrial Term, Part I, held on September 3,
1991, at the courthou~e, Bay Shore Mini Center, 1700 Union
Boulevard, Bay Shore, New York, the Plaintiffs having appeared by
Richard F. Lark, Esq.!, their attorney, the Defendants, Half
Hollow Nursery Realty' Corp. and Lloyd Rasweiler, having appeared
by their attorneys, Dbnald TirsChwell, Esq. and Donald J. White,
Esq., the Defendant, ~he Long Island Rail Road Company, having
appeared by its attor!ney, Thomas M. Taranto, Esq. by Richard J.
Berka, Esq. of counse~, the Defendant, George A. McCarthy, Pro Se,
and the Defendant, Lillian Qualls, having appeared by her
attorneys, Wickham, W~ckham & Bressler, P.C. by Hubert F.
Sullivan, Esq. of cou~sel, and the parties and their respective
attorneys having stip~lated in open court and their Stipulation of
Settlement having been transcribed and filed in this action, and
after due deliberation, there being no opposition thereto.
NOW, on motion of'Richard F. Lark, Esq., attorney for
Plaintiffs, it is I
ORDERED, ADJUDGEDI AND DECREED, that the Stipulation of
Settlement entered in~o between the parties and their attorneys
in open court, on September 3, 1991, is approved and confirmedl
and it is further
ORDERED, that the! title of the action be amended in the
captioned action by a~ding the names of Eleanor Diachun and Rose
Diachun, individUallylas Plaintiffs and without prejudice to the
proceedings heretofort had herein; and it is further
ORDERED, that the,title of the action be amended striking
therefrom the names of the Defendants sued herein as "John Doe"
and "Jane Doe" Without prejudice to the proceedings heretofore had
hereinl and it is furiher
2-
ORDERED, that the Plaintiffs' complaint against The People of
the State of New Yor~ is hereby dismissedl and it is further
i
ORDERED, that the second and third causes of action in the
Plaintiffs' Complainb are hereby dismissed, and it is further
ORDERED, that all! crossclaims and affirmative defenses of the
Defendants interposed in this action are hereby dismissed, and it
is further
ORDERED, ADJUDGED AND DECREED that the Plaintiffs and the
Defendant, Half Hollo!w Nursery Realty Corp. have non-exclusive
easements of right-of-way for the purposes of ingress and egress
to and from the Main Road (N.Y.S. Route 25) to Plaintiffs' and
Defendant, Half HOllo~ Nursery Realty Corp.'s lands which are
shown on the Suffolk ~ounty Tax Map as District 1000, Section
127.00, Block 03.00, Lots 006. 001 and 006.002, and District 1000,
Section 127.00, Block! 03. 00, Lot 007.000. Said easements of
right-of-way are now shown on the map entitled "Rights-of-Way in
Favor of Mary Diachun Estate and Eleanor and Rose Diachun at
Laurel, Town of South Id, New York" surveyed Oct. 21, 1991, last
amended July 23, 1992, by Roderick Van Tuyl, P.C., which is
attached to the Judgment as Appendix A and which right-of-way is
more particularly bou~ded and described as follows:
I
ALL that cer
situate, lying an
County of Suffolk
described as foIl
ain plot,
being at
and State
ws:
piece or parcel of land,
Laurel, Town of Southold,
of New York, bounded and
BEGINNING at
Main Road (N.Y.S.
along said line f
easterly corner 0
northwesterly cor
a point on the southeasterly line of
Route 25) 7.03 feet southwesterly
om a monument set at the north-
land of Lillian Qualls and the
er of land of Sawickil running
3-
thence through s~id land of Qualls the following two
2) courses and distances: (1) South 20" 17' 30. East
112.72 feetl and '(2) South 22" 06' 30" East 164.29
feet to land of deorge McCarthYI thence along said
land of McCarthy ISouth 22" 06' 30" East 40.75 feet
to said land of Slawicki I thence along said land of
Sawicki South 20"117' 30" East 687.19 feet to land
of The Long Islanld Rail Road Company I thence throughlandofTheLong ,Island Rail Road Company South 20"
17' 30" East 71.6'9 feet to land of Half Hollow Nursery
Realty Corp.; thelnce westerly through land of Half Hollow
Nursery Realty Colrp. along a course which is 8 feet
southerly of the Inortherly property line of Half Hollow
Nursery Realty Colrp. to land of Diachunl thence along
land of Diachun N~rth 37" 34' 20" West 10.05 feet to a
monument and land of The Long Island Railroad Company;
thence along land of The Long Island Railroad Company
the following thr e (3) courses and distances: (1)
North 46" 43' 10" East 428.12 feet; (2) Northerly on
a curve to the Ie t having a radius of 27.07 feet and
an arc of 31.66 f etl and (3) North 20" 17' 30" West
53.77 feet to Ian of George McCarthYI thence along
said land of McCa thy the following three (3) courses
and distances: () North 20" 17' 30" West ~92.28 feetl
2) South 69" 42'130" West 2.0 feetl and (3) North 21"
33' 00" West 4l.2~ feet to said land of Lillian Qualls;
thence through sa'd land of Qualls the following two
2) courses and d'stances: (1) North 21" 33' 00" West
163.73 feet; and (2) North 20" 17' 30" West 108.0 feet
to the southeaste ly line of Main Road (N.Y.S. Route 25);
thence along said line North 47" 23' East 12.97 feet
to the point or p ace of BEGINNING I
and it is further
ORDERED, ADJUDGED AND DECREED that the easement of right-of-
way is limited to theipassage of passenger, utility company and
farm vehicles and no ?tility lines such as water, gas and
electric are allowed
10
be placed thereon. The Plaintiffs are
responsible for the m intenance of the aforedescribed right-of-way
area, with the except on of the blacktop surface area as it
crosses land of the Dtfendant, Lillian Qualls; and it is further
ORDERED, ADJUDGED AND DECREED that as long as said easement of
right-of-way is in ex~stence Plaintiffs, their successors and
1
1
4-
assigns will be responsible for obtaining and maintaining a
liability insurance policy of $100,000/$300,000 coverage naming
the Defendants, Half :Hollow Nursery Realty Corp., The Long Island
Rail Road Company, G~orge A. McCarthy and Lillian Qualls, their
successors and assigns, as additional named insuredl and it is
further
ORDERED, ADJUDGE AND DECREED that the aforesaid easement of
right-of-way will te minate if the Plaintiffs land (SCTM No.
1000-127.00-03.00-00,.001 and 006.002) obtains a roadway for
ingress and egress f om another road other than Main Road
New York State Rout 25) or the termination of the existence of
the one-family dwell'ng on the premisesl and it is further
ORDERED, ADJUDGEq AND DECREED that the Plaintiffs will
reimburse the Defend nt, Half Hollow Nursery Realty Corp. the sum
of Five Thousand and 00/100 ($5,000.00) Dollars towards the cost
of a fence to be ins aIled on the land of Half Hollow Nursery
Realty Corp. which i~ to be constructed no closer than nine (9')
feet from land of The Long Island Rail Road Company on the
southerly side of th~ aforedescribed right-of-way as shown on
I
Appendix AI and as s,curity for the $5,000.00, plaintiffs, Eleanor
Diachun and Rose Dia1hun, will execute a mortgage which will be
due and payable, Wit~out interest, on September 2, 2001 or on the
sale of Plaintiffs' ~and to a third party, whichever event occurs
f1rstl and it is fur~her
ORDERED, ADJUDGE~ AND DECREED that all legal, recording fees,
New York State mortg4ge recording tax and any other expenses
incurred in the preptration and recording of said mortgage will be
payable by the Defen1ant, Half Hollow Nursery Realty Corp. I and it
5-
is further
ORDERED, ADJUDGEd AND DECREED that the Defendant, Half Hollow
Nursery Realty Corp.~ from the date of the entry of this Judgment,
will have an easement of right-of-way, as shown on Appendix A,
in the Town of Southqld, Suffolk County, New York, bounded and
descr ibed as follows:1
ALL that ce tain plot, piece or parcel of land,
situate, lying a d being at Laurel, Town of Southold,
County of Suffol and State of New York, bounded and
described as follows:
BEGINNING a a point on the southeasterly line of
Main Road (N.Y.S. Route 25) 7.03 feet southwesterly
along said line from a monument set at the north-
easterly corner f land of Lillian Qualls and the
northwesterly corner of land of Sawicki, running
thence through s id land of Qualls the following two
2) courses and istances: (1) South 200 17' 30. East
112.72 feet; and (2) South 220 06' 30" East 164.29
feet to land of eorge McCarthy; thence along said
land of McCarthy South 220 06' 30" East 40.75 feet
to said land of Sawicki, thence along said land of
Sawicki South 20',17' 30. East 687.19 feet to land
of The Long Islan,d Rail Road Company; thence through
land of The Long 'Island Rail Road Company South 20'
17' 30. East 71.69 feet to land of Half Hollow Nursery
Realty Corp., thence along said land South 460 43' 10.
West 13.04 feet; thence through land of The Long
Island Rail Road Co. North 200 17' 30" West 71.69
feet to land of eorge McCarthy: thence through
land of McCarthy the following three (3) courses
distances: (1) orth 200 17' 30" West 692.28 feet;
2) South 690 42' 30. West 2.0 feet, and (3) North
210 33' 00. West 41.27 feet to land of Lillian Qualls:
thence trough sai land of Qualls the following two
2) courses and distances: (1) North 210 33' 00.
West 163.73 feet; and (2) North 20. 17' 30. West 108.0
feet to the south asterly line of Main Road (N.Y.S.
Route 251; thence along said line North 47. 23' East
12.97 feet to thel point or place of BEGINNING;
I
I
and it is further ,
ORDERED, ADJUDGEDI AND DECREED that the aforesaid easement of
I
1
6-
I
right-of-way in favor of the Defendant, Half Hollow Nursery Realty
Corp. will terminate when the reinstated farm crossing across
the Defendant, The L~ng Island Rail Road Company's property is
removed; and it is f~rther
ORDERED, ADJUDGEO AND DECREED that the Defendant, The Long
Ipland Rail Road Com~any, will do all construction work necessary
to reinstate the far~ crossing as it crosses the railroad track
between lands of Def:ndants, Half Hollow Nursery Realty Corp. and
George A. McCarthy, ithin sixty (60) days after the entry of this
udgment, provided thle Plaintiffs' surveyor, Roderick Van Tuyl,
P.C. coordinates the xact location of the reinstated farm
crossing with the Def ndant, The Long Island Rail Road Company's
engineers; and it is urther
ORDERED, ADJUDGEDI AND DECREED that the reinstated farm
crossing on land of D~fendant, The Long Island Rail Road Company,
will be of the same ttpe of construction and characteristics as
the former farm cross,'ng and it will remain in this location,
unless authorized to be removed by a Court Order, at which time it
will be removed Withi~ sixty (60) days after entry of said Order;
ianditisfurther
ORDERED, ADJUDGEDIAND DECREED that a certain right-of-way
heretofore reserved t~ the Defendant, George A. McCarthy, in deeds
dated May 31, 1950 ant recorded in the Suffolk County Clerk's
Office on May 31, 195 in Liber 3082 Page 319, and September 13,
1951 and recorded in the Suffolk County Clerk's Office on November
I
26, 1951 in Liber 329i Page 52 over the easterly 12 feet of land
of the Defendant, Lil~ian Qualls, leading from the land of the
Defendant, George A. *cCarthY, to the Main Road (New York State
7-
Route 25) is released and extinguished and in its place and stead
Defendant, George A. ~cCarthy, from the date of entry of the
Judgment herein, will have an easement of right-of-way in
perpetuity from his l~nd to the Main Road (New York state Route
25) over the land of ~he Defendant, Lillian Qualls, for the
I
purpose of ingress an? egress for passenger cars, farm vehicles
and other utility comfany vehicles, which easement of right-of-way
is more particularly ~ounded and described as follows:
ALL that cer
situate, lying an
County of Suffolk
described as foIl
BEGINNING at
Main Road (N.Y.S.
along said line f
easterly corner 0
northwesterly cor
thence through sa
2).courses and d
112.72 feet, and
feet to land of G
land of McCarthy
land of Lillian Q
the following two
21. 33 I 00" West
West 108.0 feet t
N.Y.S. Route 25)
East 12.97 feet t
and it is further
ain plot,
being at
and State
piece or parcel of land,
Laurel, Town of Southold,
of New York, bounded and
ws:
a point on the southeasterly line of
Route 25) 7.03 feet southwesterly
om a monument set at the north-
land of Lillian Qualls and the
er of land of Sawicki, running
d land of Qualls the following two
stances: (ll South 20. 17' 30" East
2) South 220 06' 30" East 164.29
orge McCarthy, thence along said
outh 71. 49' 30. West 13.61 feet to
aIls, thence through land of Qualls
2) courses and distances: II) North
63.73 feet: and (2) North 200 17' 30"
the southeasterly line of Main Road
thence along said line North 470 23'
the point or place of BEGINNING:
I
ORDERED that the 1ntry of this Judgment herein is without
costs and disbursemen~s to any party.
Fll f,.GRANT :D
1'1.51~92
Edward P..rr,mprne'Clerk of S. .. .""f
OC~. 15 992
ENTER
PAUL J. BA'S~
J.S.C.
8- ~~~
NoncE 0..- ENT!lY
Sic-Please take notice that the within-is a (certified)
true copy of a Judgment
duly entered in the office of the clerk of the within
named court on October 15, 19 92
Dated, october 19, 1992
Yours, etc.,
RICHARD F. LARK
Atwmeyfor Plaintiffs
Office and Post Office Address
MAIN ROAD - P.O. BOX 973
CUTCHOGUE. NEW YORK 1 1935
TO: DONALD TIRSCHWELb ESQ.
DONALD J. ~THITE ,ESQ.
Attorneys for Defendants1 Half Hollow
Nursery Kealty corp~ b L oyd Raswel~er
To: THOMAS M. TARANTO, ESQ.
Attorney for Defendant, Long Island
Ra~lroal1 coml1amTO::$1<OOlrX'>(<jx><WICK ,WICKHAM & BRESSLER P.C.
Attorney for De endant, Lillian Qualls
TO: GEORGE A. McCARTHY
Pro Se
I'tOncE OP' SETTLEMENT
Sir:-Please take notice that an order
of which the within is a true copy will be presented
for settlement to the HOR.
one of the judges of the within named Court, at
on
at
Dated,
19
M.
Yours. etc.,
RICHARD F. LARK
Atturneyfor
Office and POSl Office Address
MAIN ROAD - P.O. BOX 973
CUTCHOGUE. NEW YORK 1 1935
1 To
Atwrney(s) for
r'aJ -- lb. 9l-ol?34l!(l
Index No. 88-014985 Year 19
l>UI:'~ CXltlR1' Of!' '!'HE S'l'ATE Of!' NEJV' YORK
a:ol'l'Y Of!' ~:rOLB:
ELBI\lOl DI10Di and IU>E DIltCHIlN
ID:!iW"''''''Y': and as 81.:.- ~~:>1
Q)-1f'hini..trators of the goods,
bat.t.e1s and c:redits of MARY
n,.,-.".,,~,
Plaintiffs,
eqainst
HALF KlI1..af ~ RElWI.'Y am>.,
LtD!D 1lllSNEILER, 'mE UN; ISLl\ND
RAIL R:lllD a:MPANY, rnnIr.F. A.
Mc::CARl'HY, T.TTJ".TlIN ~. and '!'BE
PPDPm Of!' '!'BE STATE Of!' Nm lORK,
Defemant:s.
JUDGMENT
RICHAl'>n I=' I AI'>I{
Allom')'fo, Plaintiffs
Office and POS! Office Address. Telephone
MAIN ROAD - P.O. BOX 973
CUTCHOGUE, NEW YORK 11935
S 1 61 734.6807
To
Auorney(s) for
Service of a copy of the within
is hereby admitted.
Dated.
Attomey(s) for
3900 _ ~U"'lJ!, SLu"'SE"G. INC.. LAW S......" PUBl-I,...EIOS. ..~c '0013
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit J
Trustee Permit No. 4551
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit K
ZBA Hearing Transcript dated April 17, 2003.
Page 50
April 17, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
one thing that was not done, nor am I speaking for but I am a member of and have been
for 35 years and that is the MFD. It's doubtful that the MFD will be able transverse this
bridge you've constructed which I of course had no trouble driving over in the car. But
the trucks today are so large in weight and magnitude that I doubt seriously that would
occur which would only leave us to the point of getting access to your property over the
main road access. I don't know if that access is adequate enough to support a fire vehicle.
I am talking about from the tracks to your house.
MS. DIBARTOLO: Did you travel from the tracks to my house?
MEMBER GOEHRINGER: Yes I have. The problem is as you know that several times
a year with either snow removal or the freezing and thawing of the ground and what we
experienced this winter with significant thaw in the month of March there are questions
that I don't want to evaluate. I think we should send a letter to the MFD and ask them if
they construe it to be adequate access to the property.
MR. DIBARTOLO: There is one comment I'd like to make. When that bridge was built
and we got the request, of course we had to go through the DEC, we had to go through
the Town Board here. One of the comments was made regarding the fire department
trucks and the fact that Ray Nine who is someone most of you probably know helped
build that bridge and he's in the MFD. He said listen when we have a fire problem, the
fire trucks always take the shortest cut which makes sense. We have the Half Hollow
next door which has access through it 3 different passages. I would think technically we
don't have_any legal rights to having the fire truck come across there I think for
standpoint this is what happens. So I think this should be considered because
if there is an emergency that's where the fire trucks are going to go. They are going to
take the easiest way to the particular location.
MEMBER GOEHRINGER: The question I have is you have ROW over that ROW
though-
MR. DIBARTOLO: Yes we do have ROW,but it's a limited ROW. It's for personal use.
It's a unguarded railroad crossing and it's not supposed to be used for commercial
purposes and technically there's a supreme court order on it. It's a limited order, it's not a
perpetuity and therefore it can't be considered for permanent basis.
MEMBER GOEHRINGER: No one is going to stop us from going to a fire that way, but
the point or question today is you're asking for access to the property through the other
subdivision and that is I'm sure the nature of the reason all these people have shown up
today. I'm just saying to you that I think the board should regardless ofyour application
on Condor Ct. that we should discuss it with the chief or send a letter to him and ask him
if that access through either your ROW or the Half Hollow Hills situation leading down
to it assuming there's a problem getting through your ROW was construed by him as
adequate access to your property and then you would have dual access conceivably.
Page 50 of 73
Page 55
April 17, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
fire trucks not having access over that when that was one of the reasons that was brought
up I need the fire engines I need the ambulance to get to this elderly woman should she
become ill and Mr. DiBartolo obviously was at that meeting, myself, Mrs. Fedun and at
this point a woman who has moved from the area. So Mr. DiBartolo probably could tell
us what meeting that was specifically but I do know I was in this room and it was about
that petition and like I said my concern is that the neighborhood be opened up to
commercial traffic.
CHAIRWOMAN: Can you assist us and enlighten us about this hearing.
MR. DIBARTOLO: At the time we had only access through a temporary easement so we
wanted to go through Condor Court by the way to all the board members here I brought
an aerial picture here to give you a better idea of what the area looks like, but basically
we had a dirt driveway which went up across the RR. Condor Court was not a public
road at the time we bought the property when Condor Ct. became a pubic road owned by
the town of Southold our property the 17 acres that surround 1 acre borders right on that
road. As you pointed out a few moments ago, it's:a public road we all pay taxes we all
have a right to access and so I applied for a permit for a driveway. The lady that
mentioned at the time the application took place is nearly 10 years ago I happen to have
my mother living there who is very sick, she's in a nursing home in Maryland but that
was mentioned only as an additional support for having a permit applied this was by the
way the board of trustees were involved because it was going across that answers that
question.
CHAIRWOMAN: We were sitting here thinking we were all in the Twilight Zone. So
the application-
MR. DIBARTOLO: It was because the bridge had to be built over the wetlands.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or
against the application?
ROBERT NAB: Good afternoon my name is Robert Nab, I'm a resident of Edgemer
Park and I appear individually and as an attorney for the EP community association to the
extent that this request would require a variance from the zoning regulations of the town
of Southold we would be opposed to it but I would like to reserve my right to submit
written comments on behalf of the association prior to your decision.
CHAIRWOMAN: Just for the record this is a permit for a special exception permit.
There is no violation in terms of NYS town law this is original jurisdiction granted by the
town board by special permit which as you know if you are an attorney,is presumed to be
an acceptable use.
MR. NAB: I would like the right to reserve written comments.
Page 55 of 73
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit L
Trustees Permit No. 8032
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 8032 DATE: DECEMBER 12, 2012
1SSUED TO: JOSEPH A. GEBBIA
PROPERTY ADDRESS: 475 CONDOR COURT~ LAUREL
SCTM# 127-3-6.4
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board ofTrustees adopted at the meeting held on December 12. 2012,
and in consideration ofapplication fee in the sum of $250.00 paid by Glean E. Just and subject to the Terms
and Conditions as stated in the Resolution, the Southold Town Board of Trastees authorizes and permits the
following:
Wetland Permit to reconstruct in-place a 61'x24.6' barn; with the i:ondition of
the installation of gutters to leaders to drywells; and as depicted on the survey prepared
by Nathan Taft Corwin III, Land Surveyor, last dated April 11, 2013, and stamped
approved on April 23, 2013.
1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as ofthis date.
SURVEY OF NORTH EAST
PORTION OF PROPERTY
SITUATE
LAUREL
IOWN OF $OUIHOhD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-127-03-6.4
SCALE 1"=50'
AUGUST 5, 2012
FEBRUARY 6, 2015 ADB TIDAL WETLANBS LINE
APRIL 11, 201,3 REVIDED AS PER DEC NOTE
DRAINAOE SYSTEM CALCULATIONS:
ROOF AREA: 1,5010,
171.501 sq. ff. X 255 cu. fl,
255 cu. ft. / 42,2 -- 5 vertical ft. of 5' dia. leaching pool required
PROVIDE (1) 8' dfa. X 6" high STORM DRAIN POOLS
PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS:
Z
Nathan Taft Corwn III
Land Surveyor
Successor Ts: Stanley J. Isaksen, Jr. LS.
Joseph A. Ingegno LS,
WtieSu~eys - Subdivisions --
PHONE (631)727-2090 Fax (631)727-1727
4,
ECEUVE
APR 1 9 2013
q
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit M
Floor Plans submitted to Building Department
for Notice of Disapproval
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit N
Building Department Inspection Reports
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit O
Correspondence between Joseph
Gebbia and Amanda Nunemaker
Town of Southold Zoning Board of Appeals
Re: Application of Gebbia
June 5, 2024
Exhibit P
Correspondence from Patricia Moore, Esq.
to Amanda Nunemaker