HomeMy WebLinkAbout7-24-2024 LETTER from Martha Reichert TO SOUTHOLD ZBA RE APPLICATION OF GEBBIA 7-24-2024 Martha F. Reichert
Partner
NY BAR
631.727.2180 x305
mreichert@suffolklaw.com
33 West Second St.
P.O. Box 9398
Riverhead, NY 11901
Thomas A. Twomey, Jr.
(1945 - 2014)
John F. Shea, III
Christopher D. Kelley
David M. Dubin v
Jay P. Quartararo †
Peter M. Mott
Janice L. Snead
Kathryn Dalli
Jeffrey W. Pagano m
Karen A. Hoeg
Bernadette E. Tuthill
Craig H. Handler
Bryan J. Drago
Scott Handwerker
Martha F. Reichert
SENIOR COUNSEL
Stephen B. Latham
ASSOCIATES
Lorraine Paceleo
Terrence Russell
MaryKate L. Brigham
Jacqueline M. Morley
David L. Hamill
Jessica L. Dubowski
May Theobalt
OF COUNSEL
Patricia J. Russell
Jennifer P. Nigro u
Joan Morgan McGivern
Allison Singh
SPECIAL COUNSEL
Lisa Clare Kombrink
Kevin M. Fox
Craig Gibson
Kevin Handwerker
Marina M. Martielli
v NY & LA BARS
† LL.M IN TAXATION
u NY & NJ BARS
m NY, NJ & PA BARS
n NY, NJ & DC BARS
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Main Office 33 West Second St. P.O. Box 9398
Riverhead, NY 11901
631.727.2180
suffolklaw.com
July 24, 2024
By Email and By Hand:
Leslie Kanes Weisman, Chairperson
Zoning Board of Appeals
Town of Southold
Town Hall Annex Building
54375 Route 25
P.O. Box 1179
Southold, NY 11971
Re: ZBA Application No. 7902 – Application Gebbia & Dunn
2146 Route 25 a/k/a 575 Condor Court a/k/a/ 475 Condor Court,
Laurel, NY (SCTM No. 1000-127-3-6.4) &
475 Condor Court, Laurel, NY (SCTM No. 1000-127-3-6.5)
Dear Chairperson Weisman and Members of the Board:
In furtherance of our client Gian Mangieri’s continued opposition to the above-
referenced application, please find attached as Exhibit A, Southold Town Justice Court
records that were disclosed to us pursuant to FOIL. These records confirm the charges
against the Applicant in a pending Justice Court proceeding.
We would like to draw the ZBA’s attention to the representations made by
Joseph A. Gebbia in a letter to the Court confirming the materiality that the
extinguished right-of-way over the Mangieri property has on the violations before the
Court and the application under consideration by this Board:
Dear Honorable Powers, Honorable Ross, and
Honorable Evans,
I am scheduled to appear in your court on 04/12/23. I
have been working closely with the town to obtain
building permits and certificates of occupancy for two
structures located at 575 Condor Ct., Laurel.
Unfortunately, my applications are still in review. I
have provided the building department with all of the
documentation they have requested. However, I am
still waiting for their careful consideration of the most
recent survey and confirmation of the easement listed
Letter to Town of Southold ZBA
Re: Application of Gebbia and Dunn – No. 7902
July 24, 2024
Page 2
on the deed before issuing the permits. I anticipate that completing
this may take at least another 90 days I am respectfully requesting a
90-day extension for my next appearance in your court so that I can
provide proof of compliance with the town code and be able to provide
you with both building permits and CDs at my next court appearance.
See Exhibit A (Emphasis added).
We have submitted into the record evidence of the right-of-way’s extinguishment, including:
(a) the 1992 judgment of the Suffolk County Supreme Court setting forth the conditions of termination
(see Twomey Latham Letter, dated June 5, 2024, Exhibit I at 5); (b) satisfaction of these termination
conditions when DiBartolo obtained permission from the Town to have a driveway opening on Condor
Court once that street was accepted into the Highway system in 1995 (see Exhibit B); and (c) the 2003
testimony of Mr. DiBartolo before the ZBA in the Special Permit application stating that the driveway
to Condor Court was necessary because the right-of way was subject to a court judgment and could
not be relied upon permanently. (see Twomey Latham Letter, dated June 5, 2024, Exhibit K).
We maintain that the Applicants have neither met their burden of proof to merit reversal of the
Building Inspector’s determination that tax lot 6.4 is not a recognized lot, nor have they demonstrated
that the benefit to them outweighs the detriment to the community with respect to the area variances
sought. The Planning Board also opposes creating a non-conforming lot, especially when it contains
tidal and freshwater wetlands.
In sum, a reversal of the Building Inspector’s determination and approval of the area variances
sought would reward a bad-faith owner, who knowingly constructed a massive dwelling without any
building permits when it only had a wetlands permit to reconstruct a much smaller barn in-place and
in-kind. This is not a harmless builder’s error or a de minimus departure from approved plans. Nothing
that the owner built was approved. This is a brazen attempt to legalize an impermissible second
residence that could not have been built as of right due to the land’s environmental constraints, zoning
regulations, and the Town’s merger provision.
An approval would only increase the degree of non-conformity of this property at the expense
of the environment and in contravention of the zoning and planning principles employed by the Town
of Southold and its Code. We respectfully request that the ZBA deny this Application. Thank you for
your consideration, and please enter this letter and its exhibits into the record.
Sincerely,
Martha F. Reichert
Cc: Julie McGiveney, Esq., Southold Town Attorney’s Office (via Email)
Patricia Moore, Esq. (via Email)
Exhibit A – Justice Court Records
Exhibit B – Town Records
EXHIBIT A
Postponement
Dr. Teresa Dunn <tdunn5585@gmail.com >
Thu 4/6/2023 8:14 PM
To:Justice Court <justicecourt@town.southold.ny.us >; Hagan, Damon < damonh@southoldtownny.gov>;
Dear Honorable Powers, Honorable Ross, and Honorable Evans,
I am scheduled to appear in your court on 04/12/23. I have been working closely with the town to obtain building permits
and certificates of occupancy for two structures located at 575 Condor Ct., Laurel. Unfortunately, my applications are still in
review. I have provided the building department with all of the documentation they have requested. However, I am still
waiting for their careful consideration of the most recent survey and confirmation of the easement listed on the deed before
issuing the permits. I anticipate that completing this may take at least another 90 days I am respectfully requesting a 90-day
extension for my next appearance in your court so that I can provide proof of compliance with the town code and be able to
provide you with both building permits and CDs at my next court appearance.
Respectfu I ly,
Joseph A. Gebbia
Sent from Mail for Windows
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JUSTICE COURT OF THE TOWN OF SOUTHOLD
SUFFOLK COUNTY: STATE OF NEW YORK
-----------------------------------x
PEOPLE OF THE STATE OF NEW YORK
-against-
Joseph Gebbia
Defendant.
Ticket No. 6059-22
6060-22
6061-22
6062-22
-----------------------------------x
SIR:
PLEASE TAKE NOTICE, that I have been retained by the
defendant, Joseph Gebbia, and appear for the defendant in the
above entitled action, and, hereby demand and that copies of all
papers in this action be served on me at my office.
Dated: Southold, New York
Mays, 2023
TO: Southold Town Attorney
Yours, etc
PcdY~ C. }vf oore,-
Attorney for Defendant
51020 Main Road
Southold, NY 11971
(631) 765-4330
JUSTICE COURT OF THE TOWN OF SOUTHOLD
COUNTY OF SUFFOLK: ST ATE OF NEW YORK
-------------------------------------------------------X
PEOPLE OF THE STA TE OF NEW YORK
-against-
JOSEPH GEBBIA
Defendant.
------------------------------------------------------X
STA TE OF NEW YORK
COUNTY OF SUFFOLK ss.:
AFFIDAVIT OF SERVICE
Kylee DeFrese, being duly sworn, say: I am not a party to the action, am over 18 years
of age and reside at Peconic, New York. On May 5, 2023, I served the within NOTICE OF
APPEARANCE by electronic email addressed to each of the following persons at the last known
address set forth after each name:
Southold Town Attorney
POBOX 1179
Southold, NY 11971
Via email: oauld(a)sourholdtovmnv.12ov and mclissamra:southoldtownnv.szov
Dated: Southold, New York
May 5, 2023
BETSY A. PERKINS
Notary Public, State of New York
No. 01 PE6130636
Qualified In Suffolk Courply] _ 2--5
Commission Expires July 18, ____ L-0_
lwlt9 J)euuu
Kylbe DeFrese" •
T.OWN OF
1
SOUTHOLD
Southold, New York, 11971
Issued to: /'~, . , . I
~~-J· ''-. (~': .• -
G;E./o~(A
Last Name Arst Name M.1.
Number and Street
City or Town Slate Zip
YOU ARE HEREBY directed to appear at the Justice
Court, Town of Southold (Town Hall) 53095 Main Road
(State Route 25), Southold, New York 11971.
On the 11"'. day of~Bc.:.20 =2!:2-
at I ;;2~3/ o'clock in the P b M.
in connection with your alleged
Jaoiw-t t-
APPEARANcE TICKET-No:6059-;2.,
commission of the offense of:
~\A.l~1--'G P~tA.rr ~w~
\MAlU \\0 wse..
contrary to the provisions of
Section I ~t\--f!l>A
of the code of the Town of Southold
Dated: B /o1-/ ~
Issued and subscribed by:
Name Q~~
Title (!J~~c.E: ~
IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR
WARRANT FOR YOUR ARREST MAY BE ISSUED.
STATE OF NEW YORK: COUNTY OF SUFFOLK
LOCAL CRIMINAL COURT: TOWN OF SOUTHOLD
----------------------.X
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
JOSEPH GEBBIA
DEFENDANT.
------·-------------------X
STATE OF NEW YORK )
): ss.:
COUNTY OF SUFFOLK)
INFORMATION
Appearance Ticket No. 6059-22
Arthur P. Bloom, an Ordinance Inspector for the Town of Southold with offices located at 54375 Route
25, Southold, New York, being duly sworn, deposes and says that on July 27, 2022, at 575 Condor Court,
in the hamlet of Laurel, in the Town of Southold, County of Suffolk, State of New York, which property is
known and designated on the Suffolk County Tax Map as 1000-127.-3-6.4, the defendant, JOSEPH
GEBBIA, who upon information and belief is the owner of said property, committed the offense of:
Violation of Town Code §144-8 A Building Permit Required
IN THAT:
(I) No person, firm or corporation shall commence the erection, construction, enlargement, alteration,
removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or
structure, or cause the same to be done, without first obtaining a separate building permit from the Building
Inspector for each such building or structure. A building permit shall be required for any work which must
conform to the Uniform Code, and Energy Code ...
TO WIT:
On the above-mentioned date and location the defendant, JOSEPH GEBBIA, as owner of the above
referenced property did allow the construction of a dwelling without first having obtained the requisite
building permit from the Town of Southold.
This complaint is based on personal knowledge, a review of all pertinent Southold Town Records showing
that no building permit has been issued by the Building Inspector, and based upon an oral admission made
to your deponent by the owner's wife.
Sworn to before me this
JUSTI€E COURT
TOWN OF SOUTHOLD
AFFIDAVIT OF SERVICE
Appearance Ticket(s) # CP.tJ.59--:;i 2-
& 0~ 0 -;;::>µ-
(.p O(R I -~-z..
(; Olp ol. -:;t -:2-
------------------------.X
THE PEOPLE OF IBE STATE OF NEW YORK
(TOWN OF SOUTHOLD)
-against-
Defendant
------------------------X
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
I, Arthur P. Bloom, being first duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age, and resides in NY State. That on 't) /ii? I 8-cJ-, deponent
served the above Appearance Ticket(s) # {pl).5'1-.:i ~J(po6o ··'2.z l u:,{)bf -2--z} &D{,d-?:2-upon the above-named defendant, ( l
Individual
□
Suitable Age
< Jgr"
grtion
Affixing to
Door
□
Mailing
□
Military
□
By delivering a true copy of s~e to _defendant_, personally: deponent knew the person served to be the
person described as the above therein.
By delivering a true copy of the above to "T'E.eJ=SA 'l:Y\.A tJ U who is a person of suitabie age and discretion
and the person who indicated s/he was authorized to accept service on behalf of the above named. -Said
~ses is the alilgue '1ektRdant's D€aetual fJl&oe ef eHoiBess~ D(eetl:tttl tlnellmg hottsf1 □€usual place of
aliledi~ withiR th~.
Deponent describes the person served as aforesaid to best of deponent's ability at the time and
circumstances of service as follows: DL# 8 .;>. '] '] /J O 3 8 7 ( Al Y )
Sex: F ,/14\l Age: __ Height: ~ Weight: ___ EyeColor: 8€;.
state
Hair Color: ~~ Glasses: Other: ---------------------
By affixing a true copy of each to the front door of said premises, which is the defendant's (actual dwelling house)
(usual place of abode) (actual place ofbusiness) within the State
Deponent was unable with due diligence to find the above or a person of suitable age and discretion thereat having
called thereon:
Date: Approximate Time: _________ hrs
Date: Approximate Time: hrs
Date: Approximate Time: hrs
On ______ I deposited in the US Mails a true copy of the aforementioned appearance ticket
via first class mail addressed to the above at the aforementioned address the last known address of
the above named.
. . '
,·T.OWN OF SOUTHOLD APPEARANCE TICKET-No:6060-:i./·
Southold, New York, 11971
Issued to: commission of the offense of:
~'f1r}tfi'1-E=--«}F O~&Jc/_ ~AtA
Last Name Rrst Name M.I. \MALL) t\.~
4--CS
Number and Streel
LA.yf-Jc.L-,
City or Town State Zip
YOU ARE HEREBY directed to appear at the Justice
Court, Town of Southold (Town Hall) 53095 Main Road
(State Route 25), Southold, New York 11971.
Onthe 1+1A. dayof5-20 d-.'d-
al I c?-.S<y o'clock in the (?. M.
in connection with your alleged
contrary to the provisions of
Section \A+ -I~~ ~
of the code of the Town of Southold
Dated: €, / o2} .:;J..--::2---
Issued and subscribed by:
Name ~~
Title (O~LUA oJce.. ::0 ~(!l-o/2-,J
IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR
WARRANT FOR YOUR ARREST MAY BE ISSUED .
. . . --····-·---.. ,-... -... --... ___ ,, ________ -------------
STATE OF NEW YORK: COUNTY OF SUFFOLK
LOCAL CRIMINAL COURT: TOWN OF SOUTHOLD ---------------------X THE PEOPLE OF THE STATE OF NEW YORK,
-against-
JOSEPH GEBBIA
DEFENDANT.
-----------------------X
STATE OF NEW YORK )
): ss.:
COUNTY OF SUFFOLK)
INFORMATION
Appearance Ticket No. 6060-22
Arthur P. Bloom, an Ordinance Inspector for the Town of Southold with offices located at 54375 Route
25, Southold, New York, being duly sworn, deposes and says that on July 27, 2022, at 575 Condor Court,
in the hamlet of Laurel, in the Town of Southold, County of Suffolk, State of New York, which property is
known and designated on the Suffolk County Tax Map as 1000-127.-3-6.4, the defendant, JOSEPH
GEBBIA, who upon information and belief is the owner of said property, committed the offense of:
Violation of Town Code §144-15 A Certificate of Occupancy Required
IN THAT:
A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of
occupancy shall have been issued by the Building Inspector.
TO WIT:
On the above-mentioned date and location the defendant, JOSEPH GEBBIA, as owner of the above
referenced property did allow the occupancy of a dwelling without first having obtained the requisite
certificate of occupancy from the Town of Southold.
This complaint is based on personal knowledge, a review of all pertinent Southold Town Records showing
that no certificate of occupancy has been issued by the Building Inspector, and based upon an oral admission
made to your deponent by the owner's wife.
Sworn to before me this
Notary Public
False statements made herein are punishable as Class "A"
Misdemeanor pursuant to Section 210.45 of the penal law.
~Q-0,&,.
Arthur P. Bloom, Ordinance Inspector
JUSTiCE COURT AFFIDAVIT OF SERVICE
'TOWN OF SOUTHOLD
Appearance Ticket(s) # @t!J.59-';;;I :2--
0 0 w O -;;:> -.i--
{p O(RI -~-z,
-----------------------X
THE PEOPLE OF THE STATE OF NEW YORK
(TOWN OF SOUTHOLD)
-against-~O~;z-~~
Defendant -----------------------X
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
I, Arthur P. Bloom, being first duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age, and resides in NY State. That on t) /a I ;9-cJ--, deponent
served the above Appearance Ticket(s) # 6o$9-=i-:,...}((J06o ..-2.z[ &061 --z.~}60{,d--'n upon the above-named defendant, I I
Individual
□
Suitable Age
( )><!~
~rption
Affixing to
Door
□
Mailing
□
Military
□
By delivering a true copy of same to _ defendant_, personally: deponent knew the person served to be the
person described as the above therein.
By delivering a true copy of the above to \i:.eESA 'l::>U tJiJ who is a person of suitabie age and discretion
and the person who indicated s/he was authorized to accept service on behalf of the above named. -scrid
~ises is &ae al?gue defMiaaat's DEaomal plaee sf sHSmeso~ O(eet:tia.l Ei .. eHmg 1:iettse) D(nsum place of
~gs~ mitaiR. ta~.
Deponent describes the person served as aforesaid to best of deponent's ability at the time and
circumstances of service as follows: DL# 8 d-'] J a O 3 8 7 ( A) l/ )
Sex: F ./,4U Age: __ Height: ~ Weight: ___ EyeColor: E@.
state
Hair Color: ~~ Glasses: ____ Other: __________ _
By affixing a true copy of each to the front door of said premises, which is the defendant's (actual dwelling house)
(usual place of abode) (actual place of business) within the State
Deponent was unable with due diligence to find the above or a person of suitable age and discretion thereat having
called thereon:
Date: Approximate Time: _________ hrs
Date: Approximate Time: _________ hrs
Date: Approximate Time: hrs
On ______ I deposited in the US Mails a true copy of the aforementioned appearance ticket
via first class mail addressed to the above at the aforementioned address the last lmown address of
the above named.
day of A,\J,,..Ck.~.::ST , 20 cJ. ;3-
~h_~
Notarv Public
TOWN OF SOUTHOLD APPEARANCE TICKET-No:6061-:z.
Southold, New York, 11971
Issued to: commission of the offense of:
Tul,tp.L~<o p~ ~ W.~
Last Name Rrst Name M.I. -~
Number and Street
L.4uPF-/,..,
City or Town State Zip
YOU ARE HEREBY directed to appear at the Justice
Court, Town of Southold (Town Hall) 53095 Main Road
(State Route 25), Southold, New York 11971.
On the 1-fA day of~0220 2-2::
at I ;;2.~"1 0, clock in the e M.
in connection with your alleged
contrary to the provisions of
Section \4+-'8 A
of the code of the Town of Southold
Dated: ~,ct,~
Issued and subscribed by:
Name~~
Title Of>ALQAtJce. :;JDSPEo-(!)~
IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED. A CRIMINAL SUMMONS OR
WARRANT FOR YOUR ARREST MAY BE ISSUED.
STATE OF NEW YORK: COUNTY OF SUFFOLK
LOCAL CRIMINAL COURT: TOWN OF SOUTHOLD
----------------------X
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
JOSEPH GEBBIA
DEFENDANT.
-----------------------X
STATE OF NEW YORK )
): ss.:
COUNTY OF SUFFOLK)
INFORMATION
Appearance Ticket No. 6061-22
Arthur P. Bloom, an Ordinance Inspector for the Town of Southold with offices located at 54375 Route
25, Southold, New York, being duly sworn, deposes and says that on July 27, 2022, at 575 Condor Court,
in the hamlet of Laurel, in the Town of Southold, County of Suffolk, State of New York, which property is
known and designated on the Suffolk County Tax Map as 1000-127.-3-6.4, the defendant, JOSEPH
GEBBIA, who upon information and belief is the owner of said property, committed the offense of:
Violation of Town Code §144-8 A Building Permit Required
IN THAT:
(I) No person, firm or corporation shall commence the erection, construction, enlargement, alteration,
removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or
structure, or cause the same to be done, without first obtaining a separate building permit from the Building
Inspector for each such building or structure. A building pennit shall be required for any work which must
conform to the Uniform Code, and Energy Code ...
TO WIT:
On the above-mentioned date and location the defendant, JOSEPH GEBBIA, as owner of the above
referenced property did allow the construction and renovation of a bsm without first having obtained the
requisite building permit from the Town of Southold.
This complaint is based on personal knowledge, a review of all pertinent Southold Town Records showing
that no building permit has been issued by the Building Inspector, and based upon an oral admission made
to your deponent by the owner's wife.
Sworn to before me this
"oi ~ Day of /-l \J.teU:S'r 2022 False statements made herein are punishable as Class "A"
Misdemeanor pursuant to Section 210.45 of the penal law.
\,;•,ii\t\ll•lt11s;,,, ~~
..DJ,l~,06Cl..c.,,l.~1..(..;1.,AJiCJ6k::A..,,../·~ ,ssA Fi-v._--·, ..... , •. ..,.., .. ------------------
.. -=~'-.. ~:~\;~;;i;·s;••: ... {.(';,.;.. Arthur P. Bloom, Ordinance Inspector
JUSTICE COURT
TOWN OF SOUTHOLD
AFFIDAVIT OF SERVICE
-----------------------X Appearance Ticket(s) # @c!J.5'1-~ ::z_ o o/9o -;:,~
{p O(R I -:;z,-z..
(, Olp ;;i -;;t -=2-
THE PEOPLE OF THE STATE OF NEW YORK
(TOWN OF SOUTHOLD)
-against-
Defendant
-----------------------X
STATEOFNEWYORK )
) SS.:
COUNTY OF SUFFOLK )
I, Arthur P. Bloom, being first duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age, and resides in NY State. That on 12, ~ / 8'-cl--, deponent
served the above Appearance Ticket(s) # (p oS'l -.:i ~ /(()060 •• 2 z l CD {)b I -"2. "Z J oo{.,d--;n.. upon the above-named defendant, I I
Individual
□
Suitable Age . yr
i;Zttion
Affixing to
Door
□
Mailing
□
Military
□
By delivering a true copy of s~e to _ defendant_, personally: deponent knew the person served to be the
person described as the above therein.
By delivering a true copy of the above to 'TE.e.ESA 'l:)u tJu who is a person of suitabie age and discretion
and the person who indicated s/he was authorized to accept service on behalf of the above named. -Smd
P"mises is t:b<: al;,gue El@~RQ&at's O€aoa!al pleee ef 1:Htsi:t!ess~ O(aetifa1 el .. eHm~ Jte~e3 O~ttsntd place of
ahede~ WHAm ~rSl:Me.
Deponent describes the person served as aforesaid to best of deponent's ability at the time and
circumstances of service as follows: DL# 8 .;>.1 ']fJ O 391 ( /J l/ )
state
Sex: f ~14u Age: ___ Height: _..J ___ Weight: ___ Eye Color: ~
Hair Color: ~~ Glasses: Other: ----------------
By affixing a true copy of each to the front door of said premises, which is the defendant's (actual dwelling house)
(usual place of abode) (actual place of business) within the State
Deponent was unable with due diligence to find the above or a person of suitable age and discretion thereat having
called thereon:
Date: Approximate Time: _________ hrs
Date: Approximate Time: hrs
Date: Approximate Time: hrs
On ______ I deposited in the US Mails a true copy of the aforementioned appearance ticket
via first class mail addressed to the above at the aforementioned address the last lmown address of
the above named.
day of A.'-l...g,u;sT , 20 ~ t3-
L/uJ h~b-< Notarv Public
,
TOWN OF SOUTHOLD APPEARANCE TICKET-No:6062-c7-·
Southold, New York, 11971
Issued to: commission of the offense of:
O==B-T£ F lcA'fE::-l!Jtf=. (!)c.6-tft\~
Last Name First Name M.1. ~ . crugr
Number and Street
JJlf 1 t94f9
City or Town State Zip
YOU ARE HEREBY directed to appear at the Justice
Court, Town of Southold (Town Hall) 53095 Main Road
(State Route 25), Southold, New York 11971.
On the Ji/L day o~~~ 20;;2.:2-
at /,9. '=k>/ o'clock in the 1? # M.
in connection with your alleged
contrary to the provisions of
Section \~ -/,S-~ ~e,_,
of the code of the To)f'. n of Southold
Dated: (9 { .:;;_ L ~a.-
Issued and subscribed by:
Name~~
Tit1~ c:>p .• t.ul(\~ :.ti.1sP~~
IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR
WARRANT FOR YOUR ARREST MAY BE ISSUED.
STATE OF NEW YORK: COUNTY OF SUFFOLK
LOCAL CRIMINAL COURT: TOWN OF SOUTHOLD
----------------------X
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
JOSEPH GEBBIA
DEFENDANT.
----------------X
STATE OF NEW YORK )
): ss.:
COUNTY OF SUFFOLK)
INFORMATION
Appearance Ticket No. 6062-22
Arthur P. Bloom, an Ordinance Inspector for the Town of Southold with offices located at 54375 Route
25, Southold, New York, being duly sworn, deposes and says that on July 27, 2022, at 575 Condor Court,
in the hamlet of Laurel, in the Town of Southold, County of Suffolk, State of New York, which property is
known and designated on the Suffolk County Tax Map as 1000-127.-3-6.4, the defendant, JOSEPH
GEBBIA, who upon information and belief is the owner of said property, committed the offense of:
Violation of Town Code §144-15 A Certificate of Occupancy Required
IN THAT:
A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of
occupancy shall have been issued by the Building Inspector.
TO WIT:
On the above-mentioned date and location the defendant, JOSEPH GEBBIA, as owner of the above
referenced property did allow the occupancy of a rebuilt barn without first having obtained the requisite
certificate of occupancy from the Town of Southold.
This complaint is based on personal knowledge, a review of all pertinent Southold Town Records showing
that no certificate of occupancy has been issued by the Building Inspector, and based upon an oral admission
made to your deponent by the owner's wife.
Sworn to before me this
8 ~ Day of ~~ 2022 False statements made herein are punishable as Class "A"
Misdemeanor pursuant to Section 210.45 of the penal law.
QpV\
Arthur P. Bloom, Ordinance Inspector
JUSTICE COURT AFFIDAVIT OF SERVICE
'TOWN OF SOUTHOLD
Appearance Ticket(s) # CptJ.59-ol-::z_
& olPO -;:,~
{_p O(R J -:;2~
-----------------------.X
THE PEOPLE OF THE STATE OF NEW YORK
(TOWN OF SOUTHOLD)
-against-~Olp ;;i -:;i.. ?-
Defendant
-----------------------.X
STATEOFNEWYORK )
COUNTY OF SUFFOLK )
) SS.:
I, Arthur P. Bloom, being first duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age, and resides in NY State. That on 0 /;a , ~ , deponent
served the above Appearance Ticket(s) # (p pSC/ -.:i ~ J({)OC,o •• 22 l C.P Db/ -'2. -z} {Jo(,d-:n upon the above-named defendant, I I
Individual
□
Suitable Age • fr
'iption
Affixing to
Door
□
Mailing
□
Military
□
By delivering a true copy of same to _ defendant_, personally: deponent lmew the person sezved to be the
person described as the above therein.
By delivering a true copy of the above to \°E.e.F:SA 'l:Yt.A tJIJ who is a person of suitabie age and discretion
and the person who indicated s/he was authorized to accept service on behalf of the above named. 'Said
p;eRlises is tlJe al?gve de~Re&t's O(astHal ~lase sf eHSmes~ D~eetutH er;,•eHmg hetts~ O(ttJual place of
~99e) llfii&iR ~rSIMe.
Deponent describes the person served as aforesaid to best of deponent's ability at the time and
circumstances of service as follows: DL# B do 1 'J 6 0 °3 g i ( /J Y )
,/,4.\l Sex: _f __ Age: __ Height: ~ Weight: ___ Eye Color: ~
state
Hair Color: ~~ Glasses: ____ Other: __________ _
By affixing a true copy of each to the front door of said premises, which is the defendant's (actual dwelling house)
(usual place of abode) (actual place of business) within the State
Deponent was unable with due diligence to find the above or a person of suitable age and discretion thereat having
called thereon:
Date: Approximate Time: _________ hrs
Date: Approximate Time: hrs
Date: Approximate Time: hrs
On ______ I deposited in the US Mails a true copy of the aforementioned appearance ticket
via first class mail addressed to the above at the aforementioned address the last !mown address of
the above named.
day of A.~G;tJ.;ST , 20 ,:;2 ~
~11,IJIJiluJWfJ/£<
Notarv Public
EXHIBIT B
Print or Type:
fi
Office use only
File #:
Permit #:
TOWN OF SOUTHOLD
HIGHWAY DEPARTMENT
PECONIC LANE
PECONIC, NEW YORK 11S58
1 )
2)
3)
4)
5)
6)
7)
8)
PERMIT & BOND APPLICATION
FOR ACCESS THROUGH TOWN OWNED PROPERTY
1
Ii i kif c j 18H K,c,L c' .}/'!-{Jvk,j,:>ra' '''~'JS'
Name of Applicant) (Address)
rUUI..4/t.I7-J.J.If( r3c-..L 1fc,2 GU,c/./fr'lt:- ;,/.y il'N'..j.
Name & Address of Contractor Involved) ,
1 75- fhA/RbI( (IT. )/j,.,2 i" l 1000-1.2 7 - 3 - 6., i- (.,:L
Project Location) (S.C.T.M. #) .
COI//f)ol!.. COYI~r
Name of Road or Town Property Involved)
J.. 4 '.IIC~ ,'-
Hamlet)
Brief Job Description)
Fe v I> /< 1/6 ,.,/f}' A- T f::il/tJ JTC'H/flcK.c F-l'\ l.\ i L,)
tli:,v P,16 1t.,l:.I/}'/E. I'e (c'/v'II/E cT OR '1/1 "'/(+'-1 Tt-' H-~ A ,~
Cl'" PII.lv'fH": PRe-f'.)
Stahins Date: E:o;r 'LILL\'1), Completion Date: ~
Estimated Cost of Proposed Work:
Insurance Coverase:
A. The coverage required to be extended to the Town:
Bodily injury ~ Property Damage;
300,000/$500,000 Bodily Injury & $50,000 Property Damage
B. Insurance Compainy:
C. I nsu rance Agent
Name & Telephone #
D. Policy # :
E. State whether policy or certification
is on file with the Highway Department:
If no, Provid~ a copy with Application) (yes/no)
I;/~~ ;;e; !It,~,,
Slgnature of Applicant) (Date)
To be completed by the Superintendent of High ays:
I
Bond Amount B '
Required: 'fP~6'r;
c9-e>:
1
Albert J. Krupski. President
John Holzapfel. Vice President
Jim King
Martin H. Garrell
Peter Wenczel
Town Hall
53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 23, 1996
Nicolo DiBartolo
2146 Main Road
Laurel, NY 11948
RE: SCTM *1000-127-3-6.1 ~ 6.2
Dear Mr. DiBartolo:
Enclosed please find your oheck in the amount of 2,000.00,
representing the bond for the end of Condor Ct.
Also, please find the repovt from the Town Engineer recommendingreleaseofthebond.
If you have any questions, please do not hesitate to contactthisoffice.
Very truly yours,
Uttt.-19 /~' 9,Albert J. Krupski, Jr.
President, Board of Trustees
AJK:jrnd
cc: Town Engineer
RAYMOND L. JACOBS JAMES A. RICHTER, R.A.
SUPERINTENDENT
SOUTHOLD TOWN HIGHWAY DEPARTMENT
Fax. (516) -765-1750
ENGINEERING INSPECTOR
PECONIC LANE, PECONIC, N.Y.
Tel. (516)-765-3070
APRIL 1, 1996
Albert J. Krupski, Jr.
President - Board of Trustees
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Mr. Nicolo DiBartolo
Condor Court, Laurel, NewjYork
SCTM # 1000 - 127 - 03 - 6.1
I
Dear Mr. Krupski:
As per your request, I hal/e inspected the driveway construction at the abovereferencedlocation. All of the work performed at this location is considered to besatisfactoryandmeetstheminimIJmrequirementsoftheHighwaySpecifications. It isthereforerecommendedthattheI:!ond, posted with your office for the above referencedwork, should be released.
The mountable concrete c~rbing at the entrance of the driveway has not beenremoved. If the owner ever intend~ to remove any sections of this curbing or decides tomakeanyotherimprovementswit~in the town right-of-way, it will be his responsibility todothework. If any sections of guar~ rail need to be removed, or if an asphalt apron for the
driveway is ever requested, the owner will be required to review all proposed work with theSuperintendentofHighwayspriortoanyworkorconstruction.
If you have any questions cCl>ncerning this report, please contact my office.
cc: Raymond L. Jacobs '
Superintendent of HighwaY$)
oo,el'(
iJtZk
James 4. Richter, R.A.
Albert 1. Krupski. President
John Holzapfel. Vice President
Jim King
Martin H. Garrell
Peter Wenczel
Town Hail
53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO:James ~ichter, R.A.
FROM:Southold Board of Trustees
RE:Nicolo DiBartolo!
SCTM U27-3-6.1
DATE:March 27, 1996
Can you please inspect the above referenced drivewayconstructionandletusknQwifitmeetsHighwaySepcificationsowecanreleasethebond,
If you need further inform4tion, please do not hesitate tocontactthisoffice.