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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 p NY, NJ & FL BARS 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 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 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.